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Home My WebLink AboutCouncil Actions 06-04-01WYATT 35372 ROANOKE CITY CO UNCIL REGULAR SESSION JUNE 4, 2001 12:15 P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. Council Member Harris was absent. A report of the City Attorney requesting a Closed Meeting 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. (Approved 6-0) File #132 A report of the City Attorney requesting a Closed Meeting to consult with legal counsel on a matter of pending litigation, pursuant to Section 2.1-344(A)(7), Code of Virginia (1950), as amended. (Approved 6-0) File #132 A communication from the Honorable C. Nelson Harris, Chair, City Council Personnel Committee, requesting a Closed Meeting to discuss the performance of two Council-Appointed Officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. (Approved 6-0) File' #132 A communication from the Honorable Ralph K. Smith, Mayor, requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. (Approved 6-0) File #132 THE MEETING OF ROANOKE CITY COUNCIL WAS DECLARED IN RECESS TO 'BE RECONVENED AT 2:00 P.M., IN THE CITY COUNCIL CHAMBER. 2 ROANOKE CITY CO UNCIL REGULAR SESSION JUNE 4, 2001 2:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order--Roll Call. Council Member Harris was absent. The Invocation was delivered by Mayor Ralph K. Smith. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, June 7, 2001, at 7:00 p.m., and Saturday, June 9, 2001, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 3 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE 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. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541 TO OBTAIN AN APPLICATION. 4 PRESENTATIONS: A RESOLUTION memorializing the late William S. Hubard, former Roanoke City Council Member. Adopted Resolution No. 35372-060401. (6-0) File #80-132-367 PUBLIC HEARINGS Public hearing on a proposed 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 $3,000,000 for the purpose of providing funds to pay the costs of a public improvement project of and for the City, consisting of capital improvements to the Roanoke Civic Center. Adopted Resolution No. 35373-060401. (6-0) Council Member Wyatt requested that the City Manager report on the timetable for completion of one of the exhibit halls at the Roanoke Civic Center and the funding mechanism. File #53-192 e CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the special sessions of Roanoke City Council held on Monday, April 23, 2001; the regular meeting held on Monday, May 7, 2001, and recessed until Thursday, May 10,2001, for the Second Annual Leadership Summit; and the regular meeting held on Monday, May 21,2001. 5 C-2 RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Robert E. Tonkinson, Jr., tendering his resignation as a member of the Board of Trustees, City of Roanoke Pension Plan, effective June 30, 2001. RECOMMENDED ACTION: File #15-110-429 Receive and file the accept the resignation. communication and C-3 A communication from the City Manager recommending that a public hearing be advertised for Monday, June 18, 2001, at 7:00 p.m., in connection with a request of the Blue Ridge Small Business Development Cente~, for tax exempt status. RECOMMENDED ACTION: Concur in request. File #79-169 Qualification of Minnis E. Ridenhour as a Commissioner of the Hotel Roanoke Conference Center Commission for a term ending February 24, 2005. RECOMMENDED ACTION: Receive and file. File #15-110-247 REGULAR AGENDA o HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 4. PETITIONS AND COMMUNICATIONS: NONE. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: A communication recommending acceptance of a grant from the Roanoke Redevelopment and Housing Authority, in the amount of $20,000.00, for implementation of a Trespassing Tracking System. Adopted Budget Ordinance No. 35374-060401 and Resolution No. 35375-060401. (6-0) File #5-178-472 A communication recommending acceptance of the donation of the 1218 Locomotive from the Shenandoah Virginia Foundation, a wholly owned subsidiary of Norfolk Southern Railway Corporation, for display at the Virginia Museum of Transportation. Adopted Resolution No. 35376-060401. (6-0) File #68-223-229 A communication from the City Manager recommending appropriation of $28,568.00, in connection with the Federally Forfeited Property Sharing Program. Adopted Budget Ordinance No. 35377-060401. (6-0) File 35-60-236 A communication recommending appropriation of $34,000.00 for repayment of 85 positions, in connection with an agreement between the City, First Union National Bank and the Fifth District Employment and Training Consortium relating to jobs in Enterprise Zone One. Adopted Budget Ordinance No. 35378-060401. (6-0) File #60-246-369-450 A communication recommending deappropriation of $450,000.00 in state Industrial Access Funds, in connection with the Johnson and Johnson Offsite Improvements Project. Adopted Budget Ordinance No. 35379-060401. (6-0) File #207-450 A communication recommending appropriation of $315,000.00 from the Capital Maintenance and Equipment Replacement Program for equipment purchases, maintenance and other one- time priority purchases. Adopted Budget Ordinance No. 35380-060401. (6-0) File #60-270-472 A communication recommending transfer of $1,102,328.00 to cover workers' compensation wage and medical claims in departmental workers' compensation accounts. Adopted Budget Ordinance No. 35381-060401. (6-0) File #63-184 A communication recommending execution of a lease agreement with First Campbell Square, LLC, for 2,200 square feet of space at First Campbell Square, 210 First Street, S. W., for use as a computer lab for training purposes by the VISSTA Program; and appropriation of $30,984.00 in connection therewith. Adopted Budget Ordinance No. 35382-060401 and Resolution No. 35383-060401. (6-0) File #72-373 A communication recommending appropriation of $7,701.00 in connection with acceptance ora grant from the State Department of Rehabilitative Services to the Fifth District Disability Services Board to be used by the Brain Injury Association of Virginia for an educational program in the Roanoke area. Adopted Budget Ordinance No. 35384-060401. (6-0) Council Member Wyatt suggested that law enforcement officers and attorneys receive educational training with regard to persons suffering from brain trauma. File #5-60-236-326-438 10. A communication recommending amendment of the City Code and the Fee Compendium to reflect a new refundable damage/clean-up deposit of $200.00 for events serving alcohol and $100.00 for events not serving alcohol at certain City locations. 11. Adopted Ordinance No. 35385-060401. (5-1, Council Member Hudson voted no.) File #24-67-289 A communication recommending acceptance of a bid submitted by Cycle Systems, Inc., for recycling services of paper, bottle and can commodities, and rejecting all other bids received by the City. Adopted Resolution No. 35386-060401. (6-0) File #144-282 DIRECTOR OF FINANCE: 1. Financial report for the month of April, 2001. Received and filed. File #1-10 2. A report in connection with transfers to Internal Service Fund budgets. Adopted Budget Ordinance No. 35387-060401. (6-0) File #60 9 A report recommending transfer of funds in connection with employee fringe benefits. Adopted Budget Ordinance No. 35388-060401. (6-0) File//60-184 A report recommending amendment of the electric and natural gas consumer utility tax, to provide for a payment date as specified in Section 58.1-2901, Code of Virginia, (1950), as amended. o Adopted Ordinance No. 35389-060401. (6-0) File//24-79-330 A report in connection with the annual operating budget of the Hotel Roanoke Conference Center Commission for fiscal year 2002. Adopted Budget Ordinance No. 35390-060401 and Resolution No. 35391-060401. (6-0) File//60-247 A report recommending appropriation offimds in connection with the Community Development Block Grant (CDBG) program and HOME program income from the Roanoke Redevelopment and Housing Authority, and CDBG miscellaneous program income. Adopted Budget Ordinance No. 35392-060401. (6-0) File//178-236 6. REPORTS OF COMMITTEES: NONE. 7. UNFINISHED BUSINESS: NONE. 8. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. l0 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Member Hudson expressed concern in connection with a motion adopted by Council on Monday, May 21, 2001, with regard to acquiring land across Orange Avenue from the Roanoke Civic Center for construction of a multi-purpose facility (stadium and amphitheatre), at a project cost not to exceed $18 million. He stated that since he is rarely absent from City Council meetings, out of professional courtesy, the vote should have been deferred until all members of Council were in attendance. File #122 Council Member Bestpitch advised that he attended the Annual Conference of Neighborhoods USA in Pittsburgh, Pennsylvania, on May 23 - 26, 2001, and commended the young people who represented the City of Roanoke at the Conference. File #80-165-488 Council Member Wyatt commended City staff for their assistance in connection with a tour of certain City facilities by second grade students from Westside Elementary School on May 23, 2001. File #80-467 Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. CERTIFICATION OF CLOSED SESSION. (6-0) David A. Morgan and Billie Abshire were reappointed and Kenneth King was appointed as members of the City of Roanoke Transportation Safety Commission for terms ~ending October 31, 2004. File 015-20-110 Wendi Wagner was appointed as a member of the Youth Services Citizen Board for a term ending May 31, 2004. File 015-110-304 WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ci.roanoke.va.us June 4, 2001 ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting to consult with legal counsel on a matter of probable litigation, pursuant to §2.1-344.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am WMH:f cc: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk Sincerely yours, . , ..,~ ~ %Villiam M. 'Hackworth City Attorney WILLIAM M. HACKWORTH CITY A'I'FORNEY CITY OF ROANOKE OFFICE OF CITY AT'FORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ci.roanoke.va.us June 4, 2001 ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY AT'FORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting to consult with legal counsel on a matter of pending litigation, pursuant to §2.1-344.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am WMH:f cc: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk Sincerely yours, William M. Hackworth City Attorney 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 June 4,2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: I wish to request a Closed Meeting to discuss the performance of two Council-Appointed Officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. CNH:sm Sincerely, C. Nelson Harris, Chair City Council Personnel Committee N:\cksrnl~Agenda. Ol\Closed Session on Pefforn~ance Evaluations.wpd RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 4,2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Mayor RKS:sm N:\cksml~Agenda.01 \Closed Session on Vacancies.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35372-060401. A RESOLUTION in memory of William Stebbins Hubard, a former member of Roanoke City Council, an exceptional businessman and an extraordinary community leader. WHEREAS, this Council learned with sorrow of the passing of William Stebbins. Hubard on May 25, 2001; WHEREAS, Mr. Hubard served on City Council from 1972 to 1980, helping put together the management team that revitalized Roanoke's downtown district and overall economic development; and WHEREAS, his business acumen helped Council create new initiatives that resulted in years of surpluses and tax cuts for Roanoke citizens; and WHEREAS, before his election to City Council, Mr. Hubard was Chairman of the Board of Commissioners of the Roanoke Redevelopment and Housing Authority, overseeing the city's public housing and urban renewal projects; and WHEREAS, as a Council member, he became known as an ardent critic of government inefficiency, a strong supporter of Mayor Noel C. Taylor, a local champion of the United Negro College Fund and the Virginia Advisory Committee to the United States Civil Rights Commission; and H:LM EASURE S~r-hubard. 1 WHEREAS, after retiring from the vice presidency of Shenandoah Life Insurance Company, he served from 1985 to 1990 as general manager of Center in the Square; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1.. This Council hereby records its regret at the passing of William Stebbins Hubard and extends to his surviving family members our deepest sympathy. 2. The City Clerk is directed to forward an attested copy of this Resolution to Mr. Hubard's widow, Elizabeth Jeffreys Hubard ATTEST: City Clerk H:LM EASURESXr-hubard. 1 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 6, 2001 File #53-192 CIRCUtT COURT :tECEIVED& F!LED ;I ;' 15-/'m, J.U,N, ,~ 2~_~. DEPUTY CLE. CITY OF ROANOKE_ Stephanie M. Moon Deputy City Clerk The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching a certified copy of Resolution No. 35373-060401 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 $3,000,000.00 for the purpose of providing funds to pay the costs of a public improvement project of and for the City, consisting of capital improvements to the Roanoke Civic Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Pursuant to provisions of Section 11 of Resolution No. 35373-060401, I am required to file a certified copy with the Circuit Court of the City of Roanoke, Virginia, in accordance with Section 15.2-2607 of the Code of Virginia, 1950, as amended. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment The Honorable Arthur B. Crush, III June 6, 2001 Page 2 pc: Donald G. Gurney, Esquire, Hawkins, Delafield and Wood, 67 Wall Street, New York, New York 10005 George B. Pugh, Jr., BB&T Capital Markets, 288 Meeting Street, 2® Floor, Charleston, South Carolina 29401 The~ Honorable David C. Anderson, City Treasurer Darlene L. Burcham, City Manager James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations James M. Evans, Director, Civic Facilities IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35373-060401. A RESOLUTION AUTHORIZING THE ISSUANCE OF THREE MILLION DOLLARS ($3,000,000) 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 A PUBLIC IMPROVEMENT PROJECT OF AND FOR SUCH CITY, CONSISTING OF CAPITAL IMPROVEMENTS TO THE ROANOKE CIVIC CENTER; 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 $3,000,000 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 a public improvement project of and for the City, consisting of capital improvements to the Roanoke Civic Center, 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: 368613.1 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 a public improvement project of and for the City, consisting of capital improvements to the Roanoke Civic Center, the City is authorized to contract a debt and to issue Three Million Dollars ($3,000,000) 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 a~ggregate 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 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 3686!3.1 022815 RES -3- 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 of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds. (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized 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. (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. 368613.1 022M5 RES -4- 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, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by_the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 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. (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, 368613.1 022815 RES -5- 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. 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 taxation, 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. (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 368613.1 022815 RES 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) The 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 insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially 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 Attomey or Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 8. 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: 368613.1 022815 RES -7- No. R- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES MATURITY DATE: REGISTERED OWNER: PRINCIPAL SUM: INTEREST RATE: DATE OF BOND: CUSIP NO.: D6LLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum 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 or draft 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. 368613.1 022815 RES -8- This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and rnaturity, which is issued for the purpose of providing funds to pay the costs of a public improvement Project of and for the City, consisting of capital improvements to the Roanoke Civic Center, 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 thereof: Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal Amount) _, ~ 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. 368613.1 022815 RES 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, 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 the City Clerk of the City; and this Bond to be dated as of the day of ,200_. [SEAL] CITY OF ROANOKE, VIRGINIA Attest: Mayor City Clerk City Treasurer 368613.1 022815 RES - 10- proceedings. This Bond CERTIFICATE OF AUTHENTICATION is one of the Bonds delivered pursuant [ to the within-mentioned ], as Registrar By: Authorized Signatory Date of Authentication: FOR transfer(s) unto ASSIGNMENT VALUED RECEIVED the undersigned hereby sell(s), assign(s) and (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, hereby irrevocably constituting and appointing ., Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by a member finn of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. 368613.1 022815 RES SECTION 9. 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 7. 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 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 No.tes are issued pursuant to this Section 9 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 10. 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 11. 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 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: City Clerk. 368613.1 022815 RES JAMES D. GRISSO Director of Finance June 4,2001 CITY OF ROANOKE DEPARTMENT OF~:FIi~IANCE 215 Church Avenue, S.W., Room 461 P. O. Box 1220 Roanoke, Virginia 2400~-~1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Depu~ Direc~r The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The 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: On May 7, 2001 City Council authorized City officials to enter into a License Agreement between the City of Roanoke and Arena Ventures, LLC, that would provide for use of the Civic Center Coliseum and certain related facilities by Arena Ventures. Arena Ventures will use the facilities to provide a certain number of National Basketball Development League games and a certain number of events produced by SF× Concerts, Inc. over a five year period. In order to meet the requirements of the license agreement, capital improvements to the Civic Center Coliseum in the amount of $3 million are required. This funding will be provided by the issuance of general obligation bonds by the City. We recommend that City Council adopt the accompanying resolution authorizing the issuance of $3 million general obligation bonds pursuant to the Public Finance Act of 1991 (Code of Virginia). Sincerely, City Manager James D. Grisso Director of Finance JDG:s Attachment C~ William M. Hackworth, City Attorney Mary F. Parker, City Clerk James M. Evans, Director of Civic Facilities 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 01675381 NOTICE OF PUBLIC HE 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 thi/~ _~ of June ~001. Wit~ss m~, ha<~a~d b~fic~ seal. ~_~_~_~__~ ~ ~ Notary Commonwealth/State of day Public PUBLISHED ON: 05/21 05/28 TOTAL COST: 246.76 FILED ON: 06/01/01 on lhuml~,, MW 31. 2001. 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, June 4, 2001, at 2:00 P.M., local time, in the Council Chamber, 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 $3,000,000 for the purpose of providing funds to pay the costs of a public improvement project of and for the City, consisting of capital improvements to the Roanoke Civic Center. 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, Noel C. Taylor 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 public hearing, contact the City Clerk's Office (853-2541) before 12:00 noon on Thursday, May 31, 2001. Given under my hand this 16th day of May ,2001. MARY F. PARKER City Clerk City ofRoanoke, Virginia PLEASE PUBLISH TWICE, ONCE ON MONDAY, MAY 21, 2001, AND AGAIN ON MONDAY, MAY 28, 2001 Please send publisher's affidavit and invoice to: Mary F. Parker, City Clerk 456 Municipal Building Roanoke, Virginia 24011 368612.1 022815 NTC SPECIAL SESSION ..... ROANOKE CITY COUNCIL April 23, 2001 7:00 p.m. The Council of the City of Roanoke met in special session on Monday, April 23, 2001, at 7:00 p.m., in the Roanoke Civic Center Exhibit Hall, 710 Williamson Road, N. E., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Section 10, Meetings of Council of the City Charter and pursuant to the budget study schedule for adoption of the City's fiscal year 2001-02 budget which was approved by Council on January 16, 2001. PRESENT: Council Members William D. Bestpitch, William H. Carder, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K. Smith .............. 6. ABSENT: Council MemberC. Nelson Harris .............................................. 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Council Member William D. Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. Pursuant to instructions of Council, the Mayor advised that public hearings were advertised for Monday, April 23, 2001, at 7:00 p.m., on the following matters: HUD proposed budget, proposed City budget, cigarette tax rate, transient occupancy tax rate, changing the structure and rates of septic tank disposal fees, and City water rates and related charges for services, the matters were before the body. Legal advertisements of the public hearings were placed in The Roanoke Times on April 6, April 16 and April 23, 2001. (For full text, see legal affidavits on file in the City Clerk's Office.) In view of the number of speakers who wished to be heard, the Mayor requested that each speaker limit their remarks to no more than three minutes. HOUSING/AUTHORITY-GRANTS: The Mayor advised that the first public hearing pertained to the HUD Consolidated Plan budget which recommends allocation of $3.9 million in Community Development Block Grant funds, HOME and ESG funds to support an array of housing, homeless prevention, neighborhood and community development, public services and economic development activities. The Mayor inquired if there were persons present who would like to address the matter; whereupon, Mr. Robert Gravely, 1412 Moorman Road, N. W., advised that the City's pay scale is unrealistic and does not provide enough money for the average City employee to purchase a vehicle, or buy a home, or purchase insurance. He stated that the City's work force is deceasing and there are not sufficient staff on the payroll to do the work of the City. No other speakers wishing to be heard, the Mayor declared the public hearing closed. The Mayor advised that the second public hearing pertained to the proposed fiscal year 2001-02 City budget, totaling $191.3 million; whereupon, the following persons addressed Council: Mr. David A. Bowers, 601 Camilla Avenue, S. E., addressed Council on behalf of the Passenger Rail Service Committee. He expressed appreciation to the City of Roanoke for designating the old Norfolk Southern Rail Terminal across from The Hotel Roanoke on Shenandoah Avenue as the future site for passenger rail service in the City. With regard to funding, he stated that it was previously recommended that funds come from the proposed 2001-02 budget which is currently under consideration; however, he was now advised that the City Manager has suggested that the funds be included in the City's Capital Improvement Program. He added that members of the Passenger Rail Study Committee concur in the City Manager's suggestion and encouraged Council to keep the request at the forefront. He added that the Committee continues to support the proposal by the City Manager to fund $1.25 million as the City's share of an $8 million renovation project to provide a location for the visitor's center, depot and possibly the Winston Link art collection. Ms. Berniece Meador, 370 Koogler Drive, N. W., spoke on behalf of Fire Station No. 12, the Ridgewood Farms Neighborhood League, and residents of the area. She advised that residents in the area of Fire Station #12 want to keep the station open and operational which will continue to provide good response time for residents in an emergency situation. She asked that Council give serious consideration to the proposal of the City Manager before taking action. Ms. Nancy Harper, 1828 Glenroy Street, N. W., Member, Board of Directors, Harrison Museum of African-American Culture, expressed appreciation to the Cultural Services Committee for its tentative allocation of $22,479.00 for program year 2001-02, and on behalf of the Board of Directors, she requested an increase in the allocation since it falls short of the $97,078.00 requested. She advised that the Board of Directors and staff of the Harrison Museum have worked diligently to provide quality programming for the community, to obtain the necessary funding for a top notch Museum with ample funding for educational services for all persons while preserving and promoting the achievements of African-Americans, and funding from the City of Roanoke provides a significant role in providing these services and in achieving the mission of the Harrison Museum. She stated that officials and members of the Board of Directors met with the City Manager to discuss concerns and needs of the Museum, as well as needs and concerns of the City of Roanoke and as a result of those meetings and correspondence, the Board of Directors and staff responded in a timely manner to several administrative requests of the City Manager, which response documented the Museum's commitment to both fiscal accountability and sound management. She explained that it was the Board's understanding that the request for additional funds for the current year would be granted once administrative requests were satisfied; however, regretfully, additional funding from the City of Roanoke has not materialized, even though all requests for documentation were honored. She advised that the goal of the Board of Directors of the Harrison Museum is to become more self-sufficient, a staff person trained to concentrate on development and fund raising is needed to secure adequate funding in order for the Harrison Museum to become self-sufficient and the tentative allocation of $22,479.00 is not sufficient to employ a development officer. She stated that the Harrison Board is composed of volunteers who spend many hours augmenting the work of the Executive Director; however, volunteers are no substitute for an experienced professional development fund raiser. Therefore, she requested that Council grant the request of the Harrison Museum of African- American Culture, in the amount of $97,078.00 for fiscal year 2001-02. Thomas Brown, representing the American Red Cross, Roanoke Chapter, advised that throughout the years, the Red Cross has had an ongoing working relationship with the City of Roanoke in administering disaster services. He called attention to joint efforts to establish a disaster plan at the Roanoke Regional Airport in the event of an air emergency, the Roanoke Chapter worked with the Federal Emergency Management Association in setting up disaster education and mitigation programs in the City of Roanoke, the Red Cross operated a cost free Learn to Swim Program for the City that taught over 300 children how to swim, and the Red Cross trained all City lifeguards and conducted numerous educational programs in the City schools at no cost. He stated that the Red Cross has never approached the City or the School Board for funds; however, because the partnership with the United Way of the Roanoke Valley has been discontinued, the budget of the Roanoke Chapter has been decreased by $159,000.00; therefor, $50,000.00 is requested of the City of Roanoke to cover direct service support provided by the Roanoke Chapter to victims of disaster in the Roanoke area. Tanya Williams, representing the American Red Cross, Roanoke Chapter, called attention to assistance rendered by the Roanoke Chapter to the victims of fire, such as the Third Street apartment fire in which the organization assisted 11 families with miscellaneous living expenses, and the fire at the Summit Apartments which displaced nine persons and the Roanoke Chapter provided medical needs, food, clothing and basic household needs. Karen Wilson, Disaster Chairperson, Roanoke Chapter, American Red Cross, advised that the Roanoke Chapter has trained over 50 volunteers to manage different types of disasters, and assist with food, household needs and rental assistance when disasters occur. She stated that when injuries occur, the Red Cross provides medical assistance, medicine and emotional support, and when there is loss of life of a family member and the family cannot afford funeral expenses, the Red Cross provides the necessary services 24 hours a day, seven days a week. Chuck Wells, 1115 Patterson Avenue, S. W., spoke on behalf of the Roanoke Fire Fighters Association. He advised that according to the City Manager, there is a need for budget cuts, but Roanoke's fire fighters believe that when it comes to public safety, the citizens and businesses of Roanoke City deserve only the best, and instead of cutting the number of fire fighters and para-medics, the City should increase the staffing level. He stated that there is ample documentation and studies which show that adding just one additional fire fighter and fire apparatus can increase the City's efficiency rating from 38 per cent to 65 per cent, and with increased staffing also comes an additional benefit in decreased insurance rates paid by citizens and businesses. He added that there are other means available to reduce the cost of fire protection that have not been considered such as proper preventative maintenance on fire stations, and other suggestions that the Firefighters Association is prepared to discuss with the City Manager. He stated that in considering a reduction in staffing for fire service, studies have shown that with reductions there are increases in property damage, personal injury, and death to both citizens and firefighters. He request that fire fighters be provided with the means to perform their job safely and effectively. Mr. Craig Sellers, 3615 Manassas Drive, a 19 year City fire fighter, spoke with regard to a reduction in the City's overall work force, and referred to a list which was prepared by the E-911 Control Center listing streets that are closed, traffic control lights and hydrants that are out of service, and 12 opticom units that are not operational, some of which have been out of service for several years. He advised that 26 fire hydrants are out of service, many of which have been non operational for several years and have not been repaired due to a shortage of City employees. Ms. Robin Murphy-Kelso, 4449 Summit Drive, N. W., spoke on behalf of keeping Fire Station No. 12 open. She advised that when the area was annexed, residents were assured that they would have a fire station in the area, increased water pressure, and adequate fire hydrants; however, water pressure is still an issue and drainage problems are being addressed in three phases. She stated that removing fire equipment for replacement by a medic unit should not be an option, residents were promised a fire station, and they were assured that before any decisions are made, they would be briefed by City officials, however, to date, there has been no contact by City representatives. She requested that Council honor the wishes of the citizens served by Fire Station No. 12. Ms. Brenda Hamilton, 4505 Biltmore Drive, N. W., a City employee, expressed concern with regard to the proposed pay increase of 3.5 per cent for City employees. She inquired if the pay increase will be based on the maximum of the grade range or on the mid point range. She requested that Council give consideration to providing all City employees with a pay increase based on the maximum of the range rather than the mid point. Ms. Annette Lewis, Director, Total Action Against Poverty This Valley Works Program, advised that TAP would like to thank the City of Roanoke for its financial support. She further advised that during the past year, as a result of the City's financial support, 115 Iow income citizens received crisis assistance, 129 youth and adults received remediation literacy instruction, English As A Second Language and GED instruction, 29 students received general office skills, 43 residents received training and development in small businesses, 48 homeless persons received 60 days of supportive services, 144 homeless persons received long term shelter, case management, counseling and life skills training, 56 homeless persons obtained permanent housing, 255 ex offenders were assessed for emergency housing and employment needs and 167 were provided with employment and career counseling, 152 ex offenders were provided with transportation assistance to interviews, medical appointments, etc., 202 women received crisis intervention assistance and 329 children were represented in the 202 families, and 87 single adults received housing through TAP's single room occupancy project. She stated that the above listed measurements provide a brief overview of the effect of Roanoke City's funding support on the lives of those who have not been as fortunate as others. She encouraged the City to continue its financial support to Total Action Against Poverty. Stark Jones, representing the Roanoke Valley Chamber of Commerce Community Public Development Initiative, expressed appreciation to the City Manager for implementing an improved budget review for the grant process. He expressed appreciation to Council for its support of the Community Development Business Initiative. No other persons wishing to be heard, without objection by Council, the Mayor declared the public hearing closed. The Mayor advised that the third public hearing pertained to a proposed increase in the cigarette tax rate which is recommended to increase from $.17 to $.27 per pack, to provide additional funds for needed curb, gutter and sidewalk improvements, effective July 1, 2001. The Mayor advised that no persons had signed up to speak on the issue; therefore, without objection by Council, he declared the public hearing closed. The Mayor stated that the fourth public hearing pertained to the transient occupancy tax and the City Manager is recommending an increase from six per cent to seven per cent to provide expanded funding to more effectively market the City of Roanoke. He advised that the following persons would like to address the matter: Matthew R. Kennell, President-Elect, Roanoke Valley Convention and Visitors Bureau, spoke in support of the proposed increase in the transient occupancy tax rate and expressed appreciation to Council for recognizing tourism as a major revenue generator for the City of Roanoke. He stated that in fiscal year 2000-01, the lodging tax increased over 14.5 per cent over the previous fiscal year and in the first six months of fiscal year 2001-02, the lodging tax increase was 8.7 per cent which is new money and, when combined with existing funding, will allow the Convention and Visitor's Bureau to increase its marketing efforts estimated between $280,000.00 and $300,000.00 per year. He asked that the program be an ongoing commitment by the City of Roanoke and not limited to fiscal year 2001-02. He stated that current local funding challenges, a slowing economy, and rising energy and gasoline prices will have a negative impact on the number of visitors to the Roanoke Valley, therefore, it is critical that the Convention and Visitors Bureau establish a strong marketing presence. Ms. Brenda Phillips, representing the Wyndam Roanoke Airport Hotel, 2801 Hershberger Road, N. W., advised that the Roanoke Valley Convention and Visitors Bureau is a vital link to the tourism industry of the Roanoke Valley, and the Wyndam Hotel supports the one per cent increase in the transient occupancy tax if the proceeds go to the Convention and Visitors Bureau to help increase sales and marketing initiatives in the Roanoke Valley. No other persons wishing to address the matter, without objection by Council, the Mayor declared the public hearing closed. The Mayor advised that the last public hearing pertains to changing the structure and rates of septic tank disposal fees and City water rates and related charges for services which will result in deceases and increases in certain rates and related charges, as follows: increases in septic tank disposal fees of up to 110 per cent; (2) decreases in certain minimum charges for water services of up to 95 per cent; (3) increases of certain water rates of up to ten per cent; and (4) elimination of the monthly minimum 200 cubic foot allowance for water consumption on and after August 1, 2001. The Mayor inquired if there were persons present who would like to speak to the issue; whereupon, Gary Phillips, 1715 Murray Road, S. W., representing Tidy Services, endorsed the 110 per cent increase in septic tank disposal fees because the industry is growing and needs to be regulated. He stated that when problems occur, the City should inspect the situation to insure that the service is administered properly. No other persons wishing to be heard, without objection by Council, the Mayor advised that the public hearing would be closed. The Mayor noted that Council will convene in fiscal year 2001-02 budget study sessions on Wednesday, April 25, 2001 at 8:00 a.m., and Thursday, April 26, 2001 at 8:30 a.m., in the Emergency Operations Center Conference Room, with the goal of referring the proposed budget back to the City Manager for any necessary adjustments and preparation of the appropriate measures for adoption by Council on Monday, May 7, 2001, at the 2:00 p.m. session. HOUSING/AUTHORITY: The City Manager submitted a communication advising that Resolution No. 34969-071700 adopted by Council on July 17, 2000, authorized City officials to execute the Shenandoah Crossing Cooperation and Parking Agreement between the City and the Roanoke Redevelopment and Housing Authority; through this project, the Housing Authority will convert the former Norfolk and Western GOB South into market rate apartments; a budget ordinance adopted by Council at the same meeting provided funding of $1.2 million to the Housing Authority to assist in financing of the renovation and conversion; and other sources of funding for the project include syndication proceeds and mortgage funds insured by the United States Department of Housing and Urban Development. 7 It was further advised that to more properly formalize arrangements for the financing of the entire Shenandoah Crossing Project, HUD has advised the City to execute an agreement which appropriately involves all parties to the project, including the City, the Housing Authority, Shenandoah Crossings, LP, Highland Mortgage Company, and the Department of Housing and Urban Development. The City Manager recommended that Council adopt a resolution authorizing execution of a five-party agreement. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#35296-042301) A RESOLUTION authorizing execution of an Agreement among the City of Roanoke, the City of Roanoke Redevelopment and Housing Authority (Authority), Highland Mortgage Company (Highland), Shenandoah Crossings, L.P., (Borrower), and the Secretary of Housing and Urban Development (HUD) to provide for implementation of certain aspects of the Redevelopment Plan for the Gainsboro Community Program Area, specifically regarding the conversion of the former Norfolk and Western GOB South into market rate apartments, such Agreement to provide assistance in securing financing and effectuating the project. (For full text of resolution, see Resolution Book No. 64) Mr. Carder moved the adoption of Resolution No. 35296-042301. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Hudson, White, Wyatt and Mayor Smith ........................................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Harris was absent.) COUNCIL: Mr. Bestpitch offered the following resolution changing the time of commencement of the regular meeting of Council scheduled to be held at 2:00 p.m., on Monday, May 7, 2001, to 3:15 p.m., on that date: (#35297-042301) A RESOLUTION changing the time of commencement of the regular meeting of City Council scheduled to be held at 2:00 p.m., on Monday, May 7, 2001. Mr. Bestpitch moved the adoption of Resolution No. 35297-042301. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Hudson, White, Wyatt and Mayor Smith ........................................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Harris was absent.) There being no further business, the Mayor declared the special meeting adjourned at 8:07 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor SPECIAL SESSION ..... ROANOKE CITY COUNCIL April 23, 2001 Immediately Following the Public Hearing on the 2001-02 Fiscal Year Budget Which Convened at 7:00 p.m. (8:07 p.m.) The Council of the City of Roanoke met in special session on Monday, April 23, 2001, immediately following the public hearing on the proposed fiscal year 2001- 02 budget which convened at 7:00 p.m., in the Roanoke Civic Center Exhibit Hall, 710 Williamson Road, N. E., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Section 10, Meetings of Council of the City Charter and pursuant to the budget study schedule for adoption of the City's fiscal year 201-02 budget which was approved by Council on January 16, 2001. PRESENT: Council Members William D. Bestpitch, William H. Carder, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K. Smith .............. 6. ABSENT: Council Member C. Nelson Harris ........................................... 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. BUDGET-TAXES: The Mayor advised that the purpose of the special meeting was to consider the City's proposed real property tax rate for fiscal year 2001-02. He further advised that the City Manager's proposed budget includes a real property tax rate of $1.21 per $100.00 of assessed value which is the current tax rate. Legal advertisement of the public hearing was published in The Roanoke Times on April 16, 2001. (For full text, see publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were citizens who would like to address Council with regard to the matter; whereupon, no persons asked to be heard. Without objection by Council, the Mayor declared the public hearing closed. There being no further business, the Mayor declared the special meeting adjourned at 8:10 p.m. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor ]! REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL May 7, 2001 12:00 p.m. The Council of the City of Roanoke met in regular session on Monday, May 7, 2001, at 12:00 noon in the Ballroom at the Clarion Hotel Roanoke Airport, 2727 Ferndale Drive, N. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2- 15, Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended; and Resolution No. 35288-041601 adopted by the Council on Monday, April 16, 2001. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K. Smith ................................................................................................. -7. ABSENT: None .................................................................................. 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Christin Richardson, student at Roanoke Catholic High School, and Student Mayor. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. The Mayor welcomed all participants and guests to the year 2001 Student Government Day. Student Government Day is a time that students from William Fleming and Patrick Henry High Schools, Roanoke Catholic High School and Roanoke's CITY School are paired with Council Members, Judges, Constitutional Officers, Council-Appointed Officers, and other City staff to learn more about the function of City government. At 12:20 p.m., the Mayor declared the City Council meeting in recess to be reconvened at 3:15 p.m., in the Roanoke City Council Chamber, 215 Church Avenue, S. W., City of Roanoke. At 3:15 p.m., on Monday, May 7, 2001, the regular meeting of Roanoke City Council reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K. Smith ................................................................................................. -7. ABSENT: None ............................................................................. -0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by the Reverend E. M. Mitchell, Pastor, Emmanuel Tabernacle Baptist Church, Moneta, Virginia. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. ANNOUNCEMENTS: OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that on July 1,2001, there will be two vacancies on the Roanoke City School Board for terms of three years each, commencing July 1, 2001, and ending June 30, 2004; and the following persons were interviewed by Council for the positions on Thursday, April 19, 2001, said interviews having started at 4:30 p.m., in the City Council Chamber: Gary M. Bowman Melvin W. Garrett Melinda J. Payne William E. Skeen Ruth C. Willson The Mayor requested that each member of Council cast their votes for no more than two nominees; whereupon the following vote was recorded: FOR MR. BOWMAN: None ........................................................................ -0. FOR MR. GARRETT: None ................................................................. -0. FOR MS. PAYNE: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ..................................................................................... 7. FOR MR. SKEEN: Council Members White, Wyatt and Bestpitch ................... 3. FOR MR. WILSON: Council Members Harris, Hudson, Carder and Mayor Smith .............................................................................................. .4. Having received the highest number of votes, the Mayor advised that Ms. Payne and Ms. Willson were reappointed as Trustees to the Roanoke City School Board for three year terms each commencing July 1,2001 and ending June 30, 2004. PRESENTATIONS: PROCLAMATIONS: The Mayor presented a Proclamation declaring Saturday, May 12, 2001, as Letter Carriers' Food Drive Day in the City of Roanoke. PROCLAMATIONS-LANDMARKS/HIST. PRESERVATION: The Mayor presented a Proclamation declaring the week of May 10 - 13, 2001, as National Historic Preservation Week in the City of Roanoke. A. L. Holland, Sr., Roanoke Regional Preservation Foundation Board Member, commended the City on its historic preservation efforts at Highland Park, Virginia Heights, Wasena, Garden City, and Grandin Court Elementary Schools, Lucy Addison and Breckinridge Middle Schools, the former Jefferson High School and the Harrison Museum of African-American Culture. Robert K. France, Roanoke Regional Preservation Foundation Board Member, advised that schools are a part of the neighborhood in which they are located, they are compact and conserve larger plots of land in the City, as well as residential and commercial development, and they provide continuity between the generations and help to keep citizens affectionate toward their neighborhoods and the City. Dr. John Kern, representing the Roanoke Valley Historic Preservation Foundation, commended Roanoke on being a city that is capitalizing on the economic benefits of heritage tourism and Federal and State tax credits for rehabilitation of historic properties. He advised that the Roanoke Valley Historic Preservation Foundation is working with the City and Norfolk Southern on the Virginian Railway Station which is considered to be a national register eligible property and could receive tax credits as an important amenity to Carilion Medical Center. He added that the Preservation Foundation is also working with the City of Roanoke on an architectural survey, with cost sharing funds by the Preservation Foundation, for the downtown historic district which would extend from Jefferson Street north from Franklin Road and will add over 100 properties that will be eligible to receive tax credits for rehabilitation. He invited the Members of Council to a conference sponsored by the Virginia Preservation Alliance during National Historic Preservation Week on May 18 - 20. PUBLIC HEARINGS: ROANOKE CIVIC CENTER-LICENSES: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 7, 2001, at 3:15 p.m., or as soon thereafter as the matter may be heard, to receive comments with regard to a proposal of the City of Roanoke to provide office space, equipment rooms, storage space, locker and training rooms, coaches' and trainers' offices and 50 parking spaces to Arena Ventures, LLC, in connection with a license agreement between the City of Roanoke and Arena Ventures, LLC, involving the use of the Roanoke Civic Center Coliseum, for a period of five years, with up to a five year renewal, upon mutual agreement of the parties, the matter was before the body. Legal advertisement of the public hearing was The Roanoke Times on Sunday, April 29, 2001. published in (See publisher's affidavit on file in the City Clerk's Office.) A communication from the City Manager advising that Arena Ventures, LLC, was formed as a joint venture between the National Basketball Association (NBA) and SFX Concerts, Inc., (SFX) for the purpose of creating the National Development Basketball League (NBDL) and to provide enhanced entertainment opportunities for arenas with which it contracts; the concept was first introduced in May 2000 and officials from Arena Ventures, LLC visited Roanoke on October 10, 2000; the City of Roanoke began negotiations for an NBDL franchise on November 15, 2000; and negotiations have concluded which provide Roanoke with the opportunity to be one of eight initial franchises in the new league, was before Council. It was further advised that capital improvements, in the amount of $3 million to the Civic Center Coliseum, are required in order to meet the requirements of the proposed license agreement; projected annual revenues are $921,832.00, while projected annual expenses are $593,334.00, producing an estimated net annual income of $328,498.00; and annual net income of this level will be sufficient to repay the indebtedness proposed to be issued to support the capital improvements. The City Manager transmitted a copy of a communication from the Roanoke Civic Center Commission recommending execution of a License Agreement between the City and Arena Ventures, LLC, as authorized by the Civic Center Commission at its meeting on April 16, 2001. 4 The City Manager recommended that she be authorized to enter into a License Agreement between the City and Arena Ventures, LLC, that will provide for: (1) use of the Civic Center Coliseum and related facilities by Arena Ventures to provide a certain number of National Basketball Developmental League games and a certain number of events produced by SFX Concerts, Inc., in the Coliseum over a five year period; (2) the City will make certain office space and other space available to Arena Ventures for use during the term of the License Agreement; (3) authorization for payment to Arena Ventures of an entertainment acquisition fee and to authorize financial arrangements in connection with the License Agreement with Arena Ventures; and (4) authorization for the City Manager to take such further action and to execute such documents as may be reasonably necessary to provide for implementation and administration of the License Agreement. The City Manager further recommended that the City Clerk be authorized to advertise a public hearing for Monday, June 4, 2001, or at such other time as the City Manager may deem appropriate, for the purpose of receiving citizen input on the issuance of $3 million in bonds under the Public Finance Act, inasmuch as Council intends to provide funds by issuance of such bonds. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. White offered the following ordinance. The motion was seconded by Mr. Harris: (#35298-050701) AN ORDINANCE authorizing the proper City officials to enter into a License Agreement between the City of Roanoke and Arena Ventures, LLC, that will provide for use of the Civic Center Coliseum and certain related facilities by Arena Ventures to provide a certain number of National Basketball Development League (NBDL) games and a certain number of events produced by SFX Concerts, Inc., in the Coliseum over a five year period and that will require the City to make certain improvements to the Coliseum and to provide certain office space and other space to Arena Ventures for use during the term of the License Agreement; to authorize the payment to Arena Ventures of an entertainment acquisition fee and to authorize other financial arrangements in connection with the License Agreement with Arena Ventures; to authorize the City Manager to take such further action and execute such documents as may be reasonably necessary to provide for the implementation and administration of the License Agreement; authorizing the City Clerk to advertise a public hearing on the issuance of bonds; and dispensing with the second reading of this Ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. White moved the adoption of Ordinance No. 35298-050701. The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35298-050701 was adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. 7. NAYS: None ................................................................................... -.0. Without objection by Council, the Mayor advised that the public hearing would be closed. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. The Mayor withdrew his request for a Closed Meeting to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. The Mayor relinquished the Chair to the Vice-Mayor insomuch as he has a conflict of interest in connections with a communication from the City Manager recommending that Council set a public hearing as a request of Burton Electric Signs, on behalf of First Citizens Bank, to install a projection sign on the building at 110 Church Avenue, S. W., which would encroach into the public right-of-way. MINUTES: Minutes of the regular meetings of Council held on Monday, October 2, 2000 and Monday, April 16, 2001, which meeting was reconvened on Thursday, April 19, 2001 for Roanoke City School Board Interviews, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) ACTION: Mr. Harris moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Vice-Mayor Carder ............................................................................................ 6. NAYS: None (Mayor Smith abstained from voting.) ACTION: ACTION: COMMITTEES-SPECIAL EVENTS: A communication from Samuel G. Oakey, III, tendering his resignation as a member of the Special Events Committee, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that the communication be received and filed and that the resignation be accepted. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Vice-Mayor Carder ....................................................................................... -6. NAYS: None ..................................................................................... -0. (Mayor Smith abstained from voting.) SIGNSIBILLBOARDSIAWNINGS-LICENSES.SPECIAL PERMITS: A communication from the City Manager advising that Burton Electric Signs, on behalf of First Citizens Bank, has requested permission to install a projection sign on the building at 110 Church Avenue, S. W., which would encroach into the public right-of-way; the proposed sign would encroach approximately 18 inches into the right-of-way and have 11 feet of clearance above the sidewalk; the right-of-way of Church Avenue at this location is approximately 50 feet in width; and liability insurance and indemnification of the City by the property owner shall be provided by the property owner, was before Council. The City Manager recommended that she be authorized to advertise a public hearing, and following the public hearing, to execute the appropriate documents granting a revocable license to property owners at 110 Church Avenue, S. W., to allow installation of a sign encroaching approximately 18 inches into the right-of-way of Church Avenue. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the recommendation of the City Manager. The motion seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Vice-Mayor Carder ........................................................................................ -6. NAYS: None ................................................................................... -0. (Mayor Smith abstained from voting.) 7 'TION: OATHS OF OFFICE-COMMITTEES-ROANOKE PARTNERSHIP-HOTEL ROANOKE CONFERENCE CENTER: of qualification were before Council: NEIGHBORHOOD The following reports James P. Armstrong as a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Mark E. Petersen, ending November 30, 2001; William White, Sr., to fill the unexpired term of James D. Ritchie, resigned, ending April 8, 2003; C. Clark Jones for a term ending September 18, 2003; and Raymond D. Smoot, Jr., for a term ending February 24, 2005, as Commissioners of the Hotel Roanoke Conference Center Commission; and Bob R. Caudle as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2003. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. Harris moved that the report of qualification be received and filed. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Vice-Mayor Carder- .......................................................................................... -6. NAYS: None ........................................................................................ -0. (Mayor Smith abstained from voting.) The Mayor resumed the Chair. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: CITY PROPERTY-WATER DEPARTMENT: The City Manager submitted a communication advising that the City of Roanoke currently owns over 14,000 acres of watershed and buffer property for the protection and preservation of the Carvins Cove Reservoir and the Beaver and Falling Creek Reservoirs; watershed property provides drainage from rainfall into the storage reservoirs and is the only source of recharge; and buffer property, while beyond the divide of the watershed, provides protection against intrusion upon the watershed property. It was further advised that City policy provides that watershed property is not for sale, while buffer property may be considered for lease or sale on an extremely limited basis; the City receives requests periodically for the purchase of watershed and buffer property from adjoining property owners; and recent requests have identified a need to establish a policy for the sale of property within the City of Roanoke water supply watersheds. The City Manager recommended that Council adopt a proposed policy on the sale of land in City owned watersheds to establish a consistent means of addressing future requests. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following resolution: "A RESOLUTION approving and adopting the City of Roanoke Policy on the Sale of Property within the City of Roanoke Water Supply Watersheds in accordance with the City Manager's Letter to this Council dated May 7, 2001." Mr. Harris moved the adoption of the resolution. The motion was seconded by Mr. Carder. Ms. Wyatt expressed concern with regard to the removal of trees near the watershed which could lead to serious conditions relating to soil erosion and water run-off. Michael McEvoy, Director, Utilities, advised that agricultural activities with regard .to tree deforesting are not defined by the United States Government, therefore, under covenants of the sale of the land at Carvins Cove, the purchaser would not be permitted to harvest trees from the property. ACTION: Ms. Wyatt inquired as to any provisions relating to a property owner who wishes to construct a house and remove all of the trees from his or her lawn; whereupon, Mr. McEvoy advised that the property owner would be required to complywith the requirements of Roanoke County for a single family residence which would allow the property owner to clear only the area immediately surrounding the home, and he was of the opinion that Roanoke County would not permit a property owner to clear an entire ten to twenty acre lot. Prior to voting on the matter, Ms. Wyatt requested a clarification with regard to requirements imposed by Roanoke County. Mr. White offered a substitute motion that the matter be tabled pending clarification of Ms. Wyatt's question by City staff. The motion was seconded by Mr. Harris and adopted. POLICE DEPARTMENT-BUILDINGS/BUILDING DEPARTMENT-BUDGET- BILLINGS AND COLLECTIONS-CMERP-EQUIPMENT: The City Manager submitted a communication advising that the Capital Maintenance and Equipment Replacement Program (CMERP) has identified the need to replace three four-wheel drive utility vehicles in the Police Department, one pickup truck in Building Services and one pickup truck in Billings and Collections; the lowest bid, meeting specifications, for utility vehicles was submitted by Magic City Motor Corporation, in the amount of $27,237.00 per unit; Magic City Motor Corporation was the lowest bidder on the pickup truck for Building Services, at a cost of $13,299.00, and a pickup truck for the Department of Billings and Collections, at a cost of $14,071.00, said bids having met all required specifications. The City Manager recommended that bids be awarded as above set forth and that she be authorized to issue purchase orders, for a total of $109,081.00; and that Council appropriate funds from Fleet Management Prior Year Retained Earnings to Fleet Management, Account No. 017-440-2642-9010. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35299-050701) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35299-050701. The motion was seconded by Mr. Hudson and adopted by the following vote: ]0 AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ........................................................................................ -0. Mr. Harris offered the following resolution: (#35300-050701) A RESOLUTION accepting bids made to the City for furnishing and delivering utility vehicles and pickup trucks, upon certain terms and conditions; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 64.) ACTION: Mr. Harris moved the adoption of Resolution No. 35300-050701. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None .................................................................................... -0. BUDGET-INDUSTRIES: The City Manager submitted a communication advising that Allegheny Construction Co., Inc., was awarded a contract, in the amount of $1,300,883.00 at the November 6, 2000, meeting of City Council to provide for extension of existing Blue Hills Drive, and grading three sites known as Tracts A, B, and F; the contractor has proposed grading an additional site in RClT, Tract D, which is next to one of the other sites currently under construction; the cost of additional grading is based upon current contract prices; proposed grading of Tract D involves approximately 300,000 cubic yards of earthwork and is proposed at a lump sum amount of $868,500.00; and staff has reviewed the grading proposal and finds it favorable to the City. The City Manager recommended that she be authorized to execute Change Order No. 1, in the lump sum amount of $868,500.00, with Allegheny Construction Co., Inc., to provide for grading of Tract D at the Roanoke Centre for Industry and Technology. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: ]! ACTION: f"TION: (#35301-050701) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35301-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ...................................................................................... 0. Mr. Harris offered the following emergency ordinance: (#35302-050701) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. I to the City's contract with Allegheny Construction Co., Inc., for the grading of Tract D at the Roanoke Centre for Industry and Technology; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35302-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ....................................................................................... -0. POLICE DEPARTMENT-BUDGET-EQUIPMENT: The City Manager submitted a communication advising that the City entered into a contractual agreement with Thor, Inc., for construction of the New Police Building, in the amount of $4,015,200.00 and 390 consecutive calendar days construction time; change orders totaling $189,507.50 have been approved; a change in the communication/data network system is necessaryto ensure compatibilitywith current equipment totaling $30,081.00 and 12 additional days of contract time; due to inclusion of some funding in the contract Schedule of Values, there is no net additional expense to the contract; and the total contract amount of $4,204,707.50 will not change. The City Manager recommended that she be authorized to execute Change Order No. 11 for the above work with Thor, Inc., in the amount of $30,081.00 and 12 additional calendar days of contract time. (For full text, see communication on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#35303-050701) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 11 to the City's contract with Thor, Inc., for a change of the communication/data network system for the New Police Building Project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) ACTION: Mr. White moved the adoption of Ordinance No. 35303-050701. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ....................................................................................... 0. BUDGET-WATER RESOURCES-MAPS: The City Manager submitted a communication advising that the Planning Assistance to States Program provides for Federal matching funds to help localities support mapping and flood planning activities; a five year program to provide digital topographic and orthophoto maps of the City was developed with the U. S. Army Corps of Engineers; the first year of the project has been successfully completed and mapping coverage for the northern third of the City has been completed and received bythe City; Phase II of the project maps the central third of the City and is nearing completion, and map products will be delivered to the City within the next 60 days; and Phase III of the program includes mapping of the southern third of the City which will complete topographic mapping. It was further advised that an agreement between the City and the Corps of Engineers has been developed which will provide for completion of topographic mapping and orthophotography of the City; and the proposed contract has a cost of $118,000.00 to the City of Roanoke, with Federal matching funds to be provided by the Corps of Engineers. The City Manager recommended that she be authorized to execute an agreement for Phase III Water Resources Planning - Digital Mapping between the City of Roanoke and the U. S. Army Corps of Engineers; that Council appropriate $69,000.00 from the Capital Maintenance and Equipment Replacement Fund and transfer $49,000.00 from Account No. 008-056-9654-9003 - Corps of Engineers Mapping Project, to a new project account entitled, Corps of Engineers Mapping - Phase II1. (For full text, see communication on file in the City Clerk's Office.) ]3 ACTION: ACTION: Mr. Harris offered the following emergency ordinance: (#35304-050701) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35304-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ................................................................................. -0. Mr. Harris offered the following resolution: (#35305-050701) A RESOLUTION authorizing the City Manager to enter into an agreement with the U. S. Army Corps of Engineers to provide Phase III Water Resources Planning - Digital Mapping products and services to the City. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35305-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ...................................................................................... -0. BUDGET-WATER RESOURCES-SEWERS AND STORM DRAINS: The City Manager submitted a communication advising that a project to expand the capacity of the City's Water Pollution Control Plant (WPCP) to 62 million gallons per day (MGD) average daily monthly flow for the maximum month and addition of collection system capacity through the addition of two new interceptor lines was completed in March 2000; upon completion of the project, questions arose as to the actual capacity increase at the facility achieved by the new additions and modifications; and increased facility flows, which occurred as a result of area rainfall, taxed and exceeded the structural capabilities of the facilities to provide necessary levels of treatment well before reaching the intended design flow. ]4 ACTION: It was further advised that a capacity study was undertaken to determine if a capacity shortfall existed; with completion of the capacity study, there is reason to believe that design capacity of the facility is indeed below 62 MGD average daily flow for the maximum month; the capacity shortfall has been calculated to be between 10 to 14 MGD; ongoing negotiations with the Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Health (VDH) have resulted in regulatory requirements that the City and partnering jurisdictions pursue additional activities to resolve capacity issues at the facility; the proposed contract will result in a preliminary engineering report to define necessary improvements to meet the 62 MGD requirements and will also provide engineering recommendations for immediate addition of interim improvements. The City Manager recommended that Council approve a contract for the above described work and that she be authorized to execute a contract, in a form acceptable to the City Attorney, with Stearns & Wheler, LLC, in the amount of $342,681.00; that Council appropriate funds from Sewage Fund Retained Earnings to Account No. 003-510-8360-9055; and establish accounts to receive funds from partnering jurisdictions according to the 1994 Multi-Jurisdictional Contract. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35306-050701) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35306-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................. -7. NAYS: None ................................................................................. -0. Mr. Harris offered the following resolution: ACTION: ACTION: (#35307-050701) A RESOLUTION authorizing a contract with Stearns &Wheler, LLC for engineering design services for the preparation of a detailed preliminary engineering report regarding the current capacity of the City's Regional Water Pollution Control Plant, evaluation of current operations, recommendations of possible interim improvements to the existing treatment process, and certain other items. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35307-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ..................................................................................... 0. FIRE DEPARTMENT: The City Manager submitted a communication transmitting a resolution opposing passage of new fire and emergency medical services standards by the National Fire Protection Association (NFPA), advising that the Virginia Municipal League has requested local jurisdictions to adopt the opposing resolution and forward a copy to NFPA prior to May 16, 2001. The City Manager recommended that the resolution be adopted. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35308-050701) A RESOLUTION opposing the adoption of the proposed new National Fire Protection Association (NFPA) 1710 and 1720 standards. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35308-050701. The motion was seconded by Mr. Carder. Mr. Bestpitch advised that it is unclear as to what Council is being requested to oppose. He stated that he is not an expert in fire safety and appreciates the fact that there is a nationwide association that provides scientifically based recommendations on fire protection standards. He added that the only explanation he has been given up to this point is that Council is being asked to oppose the standards because they will pre-empt local authority and create a one size fits all standard for the City of Roanoke and all cities and towns, and by definition, it would appear that any national standard on any issue would pre-empt local authority. He questioned why the City of Roanoke is suddenly reversing course by not supporting NFPA standards when the City has taken pride in the fact that certain City departments have been on the cutting edge of meeting state-wide and national standards and until he is provided with a sounder basis for opposing NFPA standards, he could not support the resolution. Ms. Wyatt concurred in the remarks of Mr. Bestpitch. She advised that 1710 and 1720 pertain to minimum response times and minimum fire coverage staffing levels which have a direct relationship on the safety of those persons who live in the community and she would not vote in favor of any regulation that would be less than national standards. Mr. Hudson concurred in the remarks of Mr. Bestpitch and Ms. Wyatt. The City Manager was requested to describe the City's involvement in the matter, the position ofthe Virginia Municipal League, and the recommendation of the City Manager regarding 1710 and 1720. The City Manager advised that the issue of NFPA standards is one of long standing, and there have been numerous recommendations from the NFPA and the City has chosen to voluntarily commit to certain standards. She stated that the Fire Chief has forwarded a number of responses to the NFPA regarding the standards as they were being developed in these two areas and his input and that of others was not accepted, therefore, the matter will be presented at the national conference later this month; and it was the intent of the Fire Chief, supported by the City Manager, to oppose the two standards at the national conference. She explained that correspondence was received from the Virginia Municipal League requesting each Virginia locality to consider and to adopt a model resolution that was drafted by the Virginia Municipal League. She added that the VML, as a single entity representing the majority of cities, counties and towns in Virginia, looked at both the fiscal impact of the standards which would become mandates and is of the opinion that the proposed regulations will take away the decision making capability of the locality as it relates to manpower and could impose a considerable financial burden on some localities. She advised that it is the recommendation of the Fire Chief and the City Manager that Council support the opposition to mandated staffing levels; and at the present time, the City of Roanoke meets almost all recommendations on a voluntary basis, however, it is objectionable that regulations would be mandated on the City of Roanoke and other localities. Following further discussion, Mr. White called for the question. The motion was seconded by Mr. Harris and adopted, Council Member Bestpitch voted no. Resolution No. 35308-050701 was adopted by the following vote: ]7 ACTION: AYES: Council Members Harris, White, Carder, and Mayor Smith ................. -4. NAYS: Council Members Bestpitch, Hudson, and Wyatt ............................. 3. CITY ATTORNEY: CITY CODE-ROANOKE ARTS COMMISSION-CULTURAL SERVICES COMMITTEE: The City Attorney submitted a written report in connection with recommendations made by a committee appointed by Council to review and submit recommendations on restructuring of certain of the City's authorities, boards, commissions and committees, advising that one of the recommendations was to merge the Roanoke Arts Commission with the Cultural Services Committee; whereupon, he transmitted an ordinance which would combine and merge the two entities. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35309-050701) AN ORDINANCE amending Section 2-271, Powers and duties of commission, of Article XlII, Gifts, Grants, Devises and Bequests to City, of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, in order to merge the City's Cultural Services Committee with the Roanoke Arts Commission; repealing Section 2-301.1, Cultural Services Committee, of Article XlV, Authorities, Boards, Commissions and Committees - Generally, of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended; providing for an emergency, and for an effective date. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35309-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................. -7. NAYS: None ....................................................... DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of May, 2001. (For full text, see Financial Report on file in the City Clerk's Office.) ACTION: ACTION: Without objection by Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: BUDGET-CABLE TELEVISION: A communication from Council Member W. Alvin Hudson, Jr., Council's representative to the Roanoke Valley Regional Cable Television Committee, transmitting the Roanoke Valley Cable Television Annual Budget for Fiscal Year 2001-02, totaling $269,616.00, with the City's contribution totaling $148,289.00, was before the body. It was advised that the City of Roanoke, the County of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV); the station is located at the Jefferson Center and currently employs five full-time staff members; on June 8, 1992, Council approved the Roanoke Regional Cable Television Agreement, which requires that the RVTV Operating Budget be approved by the governing bodies of the city, the county, and the town; and funding for the operating budget is shared by the three governments, based on the annual proportion of Cox Cable subscribers located in each jurisdiction. On behalf of the City's representatives to the Roanoke Valley Regional Cable Television Committee, and as City Council's representative to the Committee, Mr. Hudson recommended that Council approve the proposed RVTV budget for fiscal year 2001-02, in the amount of $269,616.00, with the City's contribution totaling $148,289.00. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#35310-050701) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2001-2002 for the operation of the regional government and educational access station-Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. (For full text of Resolution, see Resolution Book No. 64.) Mr. Hudson moved the adoption of Resolution No. 35310-050701. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ............... BONDS/BOND ISSUES-BUDGET-WATER RESOURCES: Council Member W. Alvin Hudson, Jr., Chairperson, Bid Committee, presented a written report on behalf of the Committee, advising that the City of Roanoke was notified by the Commonwealth of Virginia Department of Health on May 2, 2000 that, due to possible surface water influence, Crystal Spring could not be used as a water supply until the water was treated for potential surface contaminants, which caused a loss of three to four million gallons of water per day in the potable water supply of the City. It was further advised that a preliminary engineering study determined the most feasible method to treat Crystal Spring water was a membrane filtration system; and two bids were received, following proper advertisement, for said equipment. The Bid Committee recommended that Council accept the bid of U. S. Filter Wastewater Group, Inc., in the total amount of $320,063.40, to provide pilot testing and detailed shop drawings for the proposed membrane filtration system, which will guarantee the price of the equipment as above set forth; that the Director of Finance be authorized to appropriate $320,063.00 from Water Fund Retained Earnings to an account to be established entitled, Crystal Spring Water Treatment Equipment; that Council adopt a resolution indicating the City's intent to reimburse itself from the proceeds of General Obligation Bonds to be issued in the future; and that Council reject the other bid received by the City. The City Manager submitted a statement of concurrence in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#35311-050701) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Hudson moved the adoption of Resolution No. 35311-050701. The motion was seconded by Mr. White and adopted by the following vote: 2O AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................ -7. NAYS: None ................................................................................... -0. Mr. Harris offered the following resolution: (#35312-050701) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds for certain monies to be appropriated by the City for expenditures in connection with the Crystal Spring Water Treatment Plant Project; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 64.) ACTION: Mr. Harris moved the adoption of Resolution No. 35312-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ...................................................................................... --0. Mr. Harris offered the following emergency ordinance: (#35313-050701) AN ORDINANCE accepting the bid of U. S. Filter Wastewater Group, Inc., to provide pilot testing and detailed shop drawings for the proposed membrane filtration system at the Crystal Spring Water Treatment Plant, and to guarantee the price of the equipment to be subsequently supplied, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for such work: and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) ACTION: Mr. Harris moved the adoption of Ordinance No. 35313-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None .................................................................................... -0. ACTION: POLICE DEPARTMENT-EQUIPMENT: Council Member W. Alvin Hudson, Jr., Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received bythe City for purchase and installation of furniture and equipment for the New Police Building located at 348 West Campbell Avenue, which includes all office furniture, all conference room and meeting room furniture, and 35 work stations, in accordance with contract documents as prepared by the Office of the City Engineer. It was advised that Harris Office Furniture Co., Inc. submitted the Iow bid, in the amount of $229,786.00, with 30 consecutive calendar days for completion; and funding in the amount of $240,000.00 is needed and is available in the New Police Building, Account No. 008-052-9563. The Bid Committee recommended that Council award the bid to Harris Office Furniture and authorize issuance of a purchase order in the total amount of 229,786.00; and reject the other bid received by the City. The City Manager submitted a statement of concurrence in the recommendation of the Bid Committee. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#35314-050701) A RESOLUTION accepting the bid of Harris Office Furniture Co., Inc. for the purchase and installation of the office furniture and work stations for the New Police Building, upon certain terms and conditions and authorizing a purchase order therefor; and rejecting all other bids made to the City for such work. (For full text of Resolution, see Resolution Book No. 64.) Mr. Hudson moved the adoption of Resolution No. 35314-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ....................................................................................... --0. BUDGET-WATER RESOURCES: Council Member W. Alvin Hudson, Jr., Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for exterior and interior painting of the 1,000,000 gallon Parkway standpipe potable water tank (between Falling Creek Treatment Plant and the Town of Vinton). ACTION: ACTION: The Bid Committee recommended that Council accept the bid of and award a lump sum contract to Corfu Contractors, Inc. in the amount of $147,500.00, and 60 consecutive calendar days to complete the work; and reject all other bids received by the City. The City Manager submitted a statement of concurrence in the recommendation of the Bid Committee. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#35315-050701) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Hudson moved the adoption of Ordinance No. 35315-050701. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ..................... - ............................................................. -0. Mr. Harris offered the following emergency ordinance: (#35316-050701) AN ORDINANCE accepting the bid of Corfu Contractors, Inc., to paint the exterior and interior of the 1,000,000 gallon Parkway standpipe potable water tank, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for such work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35316-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................. -7. NAYS: None ................................................................................. 0. ACTION: TRAFFIC-BU DGET-SIGNALS AND ALARMS-STREETS AND ALLEYS-TRAFFIC: Council Member W. Alvin Hudson, Jr., Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for improvements and signalization at Hollins Road/Liberty Road, consisting of turn lanes, road widening, and signal foundations at Hollins and Liberty Roads. The Bid Committee recommended that Council accept the bid of and award a unit price contract to H. & S. Construction Company, in the amount of $89,681.06 and 100 consecutive calendar days of contract time; and reject the other bid received by the City. The City Manager submitted a statement of concurrence in the recommendation of the Bid Committee. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#35317-050701) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Hudson moved the adoption of Ordinance No. 35317-050701. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................. 7. NAYS: None ...................................................................................... -0. Mr. Harris offered the following emergency ordinance: (#35318-050701) AN ORDINANCE accepting the bid of H. & S. Construction Company for the Improvements and Signalization at Hollins Road/Liberty Road Project which consists of turn lanes, road widening, and signal foundations at Hollins Road and Liberty Road, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for such work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) 24 ACTION: ACTION: Mr. Harris moved the adoption of Ordinance No. 35318-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None .................................................................................... -0. UNFINISHED BUSINESS: None. INTRODUCTION RESOLUTIONS: AND CONSIDERATION OF ORDINANCES AND BUDGET-HOUSING/AUTHORITY-GRANTS: Mr. Harris offered the following resolution authorizing the City Manager to submit an approved Annual Update to the Consolidated Plan for fiscal year 2001-2002 to the United States Department of Housing and Urban Development (HUD) for final review and approval, and authorizing the execution of the appropriate documents for acceptance of such funding: (#35319-050701) A RESOLUTION authorizing the City Manager to submit an approved 5-Year Consolidated Plan to the United States Department of Housing and Urban Development (HUD) for review and approval, and authorizing the execution of the appropriate documents for the acceptance of such funding. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35319-050701. The motion was seconded by Mr. Carder. The City Manager submitted a communication advising that the U. S. Department of Housing and Urban Development (HUD) requires that entitlement localities, such as the City of Roanoke, submit a Five-Year Consolidated Plan, with Annual Updates, in order to receive Community Development Block Grant (CDBG), HOME Investment Partnership and Emergency Shelter funds. Itwas further advised that funding for fiscal year 2001-2002 would be available from the following sources: New HUD Entitlements Estimated Program Income Estimated Carry-over Subtotal $ 3,068,000.00 683,704.00 157,000.00 $ 3,908,704.00 Estimated Leveraged Funds $ 4,037,146.00 ACTION: Total Estimated Budget $ 7,945,850.00 The City Manager recommended that she be authorized to submit an approved Consolidated Plan Annual Update to HUD for review and approval. (For full text, see communication on file in the City Clerk's Office.) Resolution No. 35319-050701 was adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ................................................................................. -0. BUDGET-FEE COMPENDIUM-WATER RESOURCES-SEWERS AND STORM DRAINS: Mr. Harris moved that the following ordinance changing the rate structure and establishing a revised rate schedule for septic tank disposal fees and for certain water rates and related charges for services provided by the City, effective August 1,2001; and directing amendment of the Fee Compendium, be placed upon its first reading: (#35320) AN ORDINANCE changing the rate structure and establishing a revised rate schedule for septic tank disposal fees and for certain water rates and related charges for services provided by the City, effective August 1, 2001; and directing amendment of the Fee Compendium. (For full text of Ordinance, see Ordinance Book No. 64.) The motion was seconded by Mr. Carder. The City Manager submitted a communication advising that a team of staff from the Department of Utilities and the Office of Billings and Collections has been reviewing all aspects of the City of Roanoke's water and sewer rates, which included examining billing data and current industry trends, benchmarking against other utilities in the Roanoke Valley, as well as similar-sized municipal systems throughout Virginia, and analyzing revenue sources to determine if the billings made to various customer classes allocate costs appropriately; and as a result, the committee has developed a utility rate restructuring plan that recommends the following: Develop a base charge that reflects the fixed costs (billing, metering, fire protection, infrastructure, and administration) of operating the utility systems. Implement an increasing block (two-tier) rate structure to encourage conservation. Eliminate the current allowance for the first 200 cubic feet of water consumption. Establish a temporary water service system that meters actual consumption to replace the existing fire hydrant permit system. Apply the second tier conservation rate to the irrigation (sewer exempt) meter class. Establish connection fees on the actual infrastructure costs of new connections and system capacities. Reduce the monthly charges assessed to fire service stand-by accounts. Keep sewer rates unchanged pending development of a capital facilities plan. Increase septic tank disposal rates to reflect market conditions. Make adjustments to miscellaneous service fees and charges. It was further advised that the above changes, detailed in Exhibit A to the report, will generate additional annual revenues estimated at $1,114,600.00 that will be used to improve the utility system's aging infrastructure; however, the total monthly water and sewer bill for residential customers will remain one of the lowest in the region and state, increasing on average only $2.42 per month; certain water rates will increase up to ten per cent, the monthly minimum 200 cubic foot allowance for water consumption will be eliminated, and septic tank disposal fees will increase to reflect market conditions; however, certain minimum charges for water services will decrease; and even with the proposed rate changes, the City of Roanoke will have one of the lowest rate structures in the Roanoke Valley and the lowest of comparable sized utilities in the Commonwealth of Virginia; and the proposed effective date for the changes is August 1, 2001. 27 ACTION: It was explained that the rate restructuring plan will achieve the goals of promoting water conservation, updating to rates that are market competitive, reflecting current industry practice, establishing rates that fairly allocate costs, and allowing capital investment in the City's utility infrastructure to better serve Roanoke's citizens. The City Manager recommended that Council approve the revised utility rate restructuring plan as more fully set forth in Exhibit A attached to the communication. (For full text, see communication on file in the City Clerk's Office.) Ordinance No. 35320, on its first reading, was adopted by the following vote: AYES: Council Members Harris, Hudson, White, Bestpitch, Carder, and Mayor Smith .............................................................................................. -6. NAYS: Council MemberWyatt .................................................................. 1. BUILDINGS/BUILDING DEPARTMENT-CITY PLANNING-CITY CODE-BUDGET- FEE COMPENDIUM: Mr. Harris offered the following resolution amending the City's Fee Compendium to provide for new and revised application, permit, inspection and plan review fees in order to update current fees and promote uniformity with fees charged by the City and surrounding localities, effective July 1, 2001: (#35321-050701) A RESOLUTION amending the City's Fee Compendium to provide for new and revised application, permit, inspection and plan review fees in order to update current fees and promote uniformity with fees charged by the City and surrounding localities. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35321-050701. The motion was seconded by Mr. Carder. The City Manager submitted a communication advising that in developing the budget for fiscal year 2001-2002, City departments were asked to examine their operations and find ways to re-engineer services to generate cost savings for their departments, which effort resulted in a net reduction of 12 vacant positions, and a $1.1 million reduction in departmental budgets; departments were also asked to look at their fee structures and, where feasible, to propose fee schedule changes that would establish some uniformity between the City of Roanoke and other localities and, at the same time, enable the City to enhance the services it provides to its customers; and accordingly, increases in building inspection and various permit fees and parking ticket fees are being proposed. Building Inspection and Various Permit Fees: In an effort to establish uniformity of permit fees in the Roanoke Valley, building department representatives from the City of Salem, Botetourt County, Roanoke County and the City of Roanoke have agreed upon changes to building inspection and various permit fees that will not only promote consistency between localities, but also establish fees at a level equal to the cost of services provided. Adjustments to the fee schedule will generate an additional $178,500.00 in revenues that would enable the department to improve services, work toward becoming self-supporting, and establish uniformity between the City and its surrounding localities. Parking Ticket Fees: Downtown Roanoke, Incorporated, has recently received an increasing number of complaints from downtown businesses that parking violators are restricting their business because customers cannot find convenient parking. Some downtown parkers find it less expensive to park overtime on the street or in restricted parking zones and risk a fine, than to park in one of the City's downtown garages or surface lots. The revised parking ticket fee schedule, estimated to be $73,200.00, will be used to benefit downtown parking operations, effective September 1, 2001. The City Manager recommended that Council take the following actions: Adopt ordinances amending and reordaining City Code Section 20-33.1, Penalties for unlawful parking, and Section 20-89, Same-Requirements; obtaining license plate, tag or decal a condition precedent to discharge of violation, to change certain parking fines; and Amend the City's Fee Compendium to reflect the changes in building inspection and various permit fees and parking ticket fees as shown on Exhibits A and B attached to the communication. (For full text, see communication on file in the City Clerk's Office.) Resolution No. 35321-050701 was adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................. -7. NAYS: None .............................................................................. -0. ACTION: ACTION: TRAFFIC-CITY CODE-BUDGET-FEE COMPENDIUM-LICENCES: Mr. Carder offered the following emergency ordinance amending and reordaining Section 20- 33.1, Same-Requirements; obtainin~l license plate, tag or decal a condition precedent to discharge of violation, of the Code of the City of Roanoke (1979), as amended, the amended section to provide for an increase of certain penalties for unlawful parking within the City of Roanoke: (#35322-050701) AN ORDINANCE amending and reordaining §20-33.1, Same- Requirements; obtaining license plate, tag or decal a condition precedent to discharge of violation, of the Code of the City of Roanoke (1979), as amended, the amended section to provide for the increase of certain penalties for unlawful parking within the City of Roanoke; and providing for an emergency and for an effective date. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35322-050701. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Harris, White, Bestpitch, Carder, and Mayor Smith---5. NAYS: Council Members Hudson and Wyatt ............................................... 2. TRAFFIC-CITY CODE-BUDGET-FEE COMPENDIUM-DISABLED PERSONS- VIRGINIA WESTERN COMMUNITY COLLEGE: Mr. Harris offered the following emergency ordinance amending and reordaining §20-89, Penalties for unlawful parking, of the Code of the City of Roanoke (1979), as amended, the amended section to provide for an increase of certain penalties for unlawful parking within the City of Roanoke, effective September 1, 2001: (#35323-050701) AN ORDINANCE amending and reordaining Section 20-89, Penalties for unlawful parking, of the Code of the City of Roanoke (1979), as amended, the amended section to provide for the increase of certain penalties for unlawful parking within the City of Roanoke; and providing for an emergency and for an effective date. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35323-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, White, Bestpitch, Carder, and Mayor Smith---5. NAYS: Council Members Hudson and Wyatt ................................................ 2. 3O ACTION: ACTION: CITY CODE-BUDGET-TAXES: Mr. Harris offered the following ordinance providing for an increase in the cigarette tax rate from $.0085 per cigarette to $.0135 per cigarette, effective July 1,2001, and dispensing with the second reading of the ordinance: (#35324-050701) AN ORDINANCE amending and reordaining §32-190, Levied; amount, Code of the City of Roanoke (1979), as amended, to provide for an increase in the cigarette tax rate from $.0085 per cigarette to $.0135 per cigarette; providing for an effective date of July 1,2001, and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35324-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Carder .............................................................................................. -6. NAYS: Mayor Smith .................................................................................. 1. The Mayor advised that since there is no offsetting decrease in other City taxes, the City of Roanoke is taking away more tax dollars from its citizens; therefore, he could not support the increase in the cigarette tax. CITY CODE-BUDGET-TAXES: Mr. White offered the following emergency ordinance establishing a new transient occupancy tax rate, in the amount of seven per cent of the total amount paid for room rental, effective on and after July 1, 2001: (#35325-050701) AN ORDINANCE .amending and reordaining §32-240, Levied; rate, Code of the City of Roanoke (1979), as amended, to establish a new transient occupancy tax rate; providing for an effective date; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. White moved the adoption of Ordinance No. 35325-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Carder ............................................................................................. --6. NAYS: Mayor Smith .................................................................................. 1. 3] ACTION: INSURANCE-BUDGET-CITY SHERIFF-PENSIONS: Mr. Harris offered the following resolution electing to provide the Enhanced Health Insurance Credit Program as provided in Section 2.1-20.1:7(b), Code of Virginia (1950), as amended, for eligible current and future sheriffs and employees of such sheriffs, when retired, as provided in Article 5, Chapter 1, Title 51.1, Code of Virginia: (#35326-050701) A RESOLUTION electing to provide the Enhanced Health Insurance Credit Program as provided in §2.1-20.1:7(b), Code of Virginia (1950), as amended, for eligible current and future sheriffs and employees of such sheriffs, when retired, as provided in Article 5, Chapter 1 of Title 51.1, Code of Virginia. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35326-050701. The motion was seconded by Mr. Carder. The City Manager and the Director of Finance submitted a joint communication advising that effective July 1, 1999, the General Assembly established a health insurance credit program that allows Virginia Retirement System (VRS) retirees who were last employed as elected Constitutional officers, Sheriffs, Sheriffs' deputies or employees of a local social service board to be eligible for monthly assistance with the cost of their health insurance plan(s); the monthly credit is based on the amount of $1.50 for each year of service, up to a maximum of $45.00, with the cost of the credit to be paid by the Commonwealth of Virginia; and criteria for receiving the health credit are: VRS retiree; 15 years of service credit under VRS; Retiree's portion of health insurance survivorship; and Complete Forms VRS-76 and VRS-45. premium, without It was further advised that in addition to the health insurance credit authorized above, localities which participate in the Virginia Retirement System may elect to provide an additional health insurance credit of $1.00 per month for each full year of the retired member's creditable service, not to exceed a maximum monthly credit of $30.00, with the cost of this additional health insurance credit to be paid by the locality. It was explained that the contribution rate to VRS for the Sheriff and deputies as of July 1, 2001, is 12.50 per cent; to add the additional health insurance credit would increase the contribution rate by .20 per cent of payroll or approximately $14,340.00 annually; and total contribution rate would be 12.70 per cent. i'lON: The City Manager and the Director of Finance recommended that the employer paid health credit program for VRS participants be approved, effective July 1,2001. (For full text, see communication on file in the City Clerk's Office.) Resolution No. 35326-050701 was adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ..................................................................................... -0. CITY CODE-BUDGET-CITY EMPLOYEES-PENSIONS: Mr. Harris offered the following emergency ordinance providing for a supplemental payment to eligible City of Roanoke Pension Plan retirees to attaining age 65, effective on and after July 1, 2001: (#35327-050701) AN ORDINANCE amending §22.1-5.1, Retirement supplement, of Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35327-050701. The motion was seconded by Mr. Hudson. The City Manager and the Director of Finance submitted a joint communication advising that Council adopted Resolution No. 33845-051898 on May 18, 1998, providing a monetary supplement to eligible retired members of the City of Roanoke Pension Plan; the supplement was intended to partially defray the cost of health insurance, similar to supplements provided by other municipal retirement systems, including the Virginia Retirement System (VRS); and the supplement was paid as a general benefit funded from the operating department from which the employee retired, rather than from the Pension Trust Fund. It was further advised that Council adopted Ordinance No. 34799-050900 on May 9, 2000, establishing the $159.00 supplement as a pension benefit to be paid from the Pension Trust Fund; eligibility requirements for the benefit, effective July 1, 2000, a City employee, less than age 65, retiring with 20 years or more of creditable service; and the City Manager recommended delaying any modification to the health care supplement until a comprehensive review could be completed. 33 ACTION: It was explained that currently, 158 retirees receive the $159.00 monthly supplement; there are an additional 149 retirees that are less than age 65 and retired with 20 years or more of creditable service; of these 149 retirees, 18 received a supplement granted in 1991 from the early retirement incentive plan; and these 18 retirees are receiving between $260 and $340 per month to age 65 and will not be entitled to the $159.00 monthly supplement. It was also explained that the proposed fiscal year 2001-02 budget recommends that all employees retired as of July 1, 2001, with 20 or more years of service, under age 65, and not receiving the early retirement incentive plan supplement granted in 1991, receive a monthly health care supplement equivalent to 75 per cent of the allowance provided active City employees toward the cost of health care insurance until age 65"; and this benefit would be funded by payroll contributions to the Pension Plan, at an actuarial estimated cost of 0.19 per cent of payroll, or $118,150.00 annually. (For full text, see communication on file in the City Clerk's Office.) Ordinance No. 35327-050701 was adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ................................................................................... -0. BUDGET-PENSIONS: Mr. Harris offered the following emergency ordinance providing for a three per cent cost of living raise for City retirees, effective July 1, 2001: (#35328-050701) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; providing for an effective date; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35328-050701. The motion was seconded by Mr. Hudson. The City Manager and the Director of Finance submitted a joint communication advising that eligible members of the City of Roanoke Pension Plan received a 2.4 per cent permanent cost-of- living adjustment (COLA) on July 1,2000, which was the sixth consecutive COLA provided to eligible retirees; and following discussion with other municipal retirement systems, the following is recommended: 34 Effective July 1, 2001, and payable July 31, 2001, provide a three per cent permanent increase to a member's or surviving spouse's annual retirement allowance. This increase does not apply to any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-41591, adopted April 15, 1991, or to the retirement supplement established by Ordinance No. 34799-050900, adopted on May 9, 2000. The increase applies to those retirees who retired on or before July 1, 2000. Approximately 1,323 of 1,376 retirees, or 96 per cent of those receiving benefits as of March 31, 2001, will be eligible for the increase. The average annual increase in retirement allowance is $275.00 costing the pension fund an additional $363,825.00 annually. The actuarial cost of a three per cent permanent COLA is estimated at $3.5 million to be funded over the next 20 years through the annual payroll contribution rate. All City operating funds, along with the Roanoke Regional Airport Commission, School Board, Roanoke Valley Resource Authority, Roanoke Valley Detention Commission, and the Commonwealth of Virginia will assume their pro rata share of cost for funding the COLA for retirees. The City Manager and the Director of Finance recommended that the three per cent cost of living raise for qualified retirees be approved by Council. (For full text, see communication on file in the City Clerk's Office.) Ordinance No. 35328-050701 was adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................. -7. NAYS: None 0. BUDGET-CITY EMPLOYEES-PENSIONS: Mr. Harris offered the following resolution in connection with a matching contribution on behalf of City employees to the ICMA Deferred Compensation Plan, effective on and after July 1, 2001: (#35329-050701) A RESOLUTION relating to payment of a matching contribution of not less than five dollars nor more than twenty-five dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary employee of the City who makes a contribution of an equal amount on his or her own behalf to such Plan; and repealing Resolution No. 34797-050900, adopted May 9, 2000. (For full text of Resolution, see Resolution Book No. 64.) ACTION: Mr. Harris moved the adoption of Resolution No. 35329-050701. The motion was seconded by Mr. Hudson. The City Manager and the Director of Finance submitted a joint communication advising that on May 12, 1997, Council authorized the first matching contribution of $5.00 to the International City Management Association Retirement Corporation (ICMA-RC) deferred compensation plan on behalf of any non-temporary employee of the City who made a contribution of $5.00 or more per pay period; subsequently, Council increased the employer matching contribution from $5.00 to $10.00 for fiscal year 1999, from $10.00 to $15.00 the next fiscal year, and from $15.00 to $20.00 for fiscal year 2001; and participation increased from 30.8 per cent before the City match program to 75.7 per cent as of April 12, 2000. The City Manager and the Director of Finance recommended that the employer match be increased to $25.00 per pay period with the pay check of July 3, 2001. (For full text, see communication on file in the City Clerk's Office.) Ms. Angela Norman, 1731 Michael Street, N. W., a City employee, advised that the resolution provides that any non-temporary City employee who makes a contribution of an equal amount to be not less than $5.00 nor more than $25.00 shall have the same credited to his or her deferred compensation retirement account. She stated that in the past, certain managerial employees received $8,500.00 annually which was credited to their deferred retirement plan, however, she did not see the provision defined in the resolution under consideration by Council. She inquired if all City employees will receive the maximum amount of $25 bi weekly, where is the provision for the $8,500.00 reported in the budget for certain managerial employees, and if the $8,500.00 is still applicable to those employees, why is there a continued difference in this allotment which greatly enhances the life style of these employees over rank and file City employees. The Director of Finance advised that Ms. Norman is referring to the $8,500.00 contribution to the International City Management Association Deferred Compensation Plan approved by Council for Council-appointed officers. He explained that in fiscal year 2000-01, Council adopted an ordinance establishing contribution rates for its five Council-appointed officers and the measure will continue to be in effect until it is amended by Council. ACTION: ACTION: Resolution No. 35329-050701 was adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ................................................................................... -0. DIRECTOR OF FINANCE-BUDGET: The Director of Finance submitted a certificate advising that funds required for the 2001-02 General Fund, Water Fund, Sewage Treatment Fund, Civic Center Fund, Transportation Fund, Capital Projects Fund, Department of Technology Fund, Materials Control Fund, Management Services Fund, Fleet Management Fund, Risk Management Fund, School Fund, School Food Service Fund and Grant Fund budgets will be available for appropriation. (For full text, see certificate on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the certificate would be received and filed. BUDGET: Mr. White offered the following emergency ordinance adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002, in the total amount of $191,346,097.00: (#35330-050701) AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. White moved the adoption of Ordinance No. 35330-050701. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Bestpitch, Carder, and Mayor Smith ............................................................................................... 6. NAYS: None ..................................................................................... ---0. (Council Member Wyatt abstained from voting inasmuch as she is employed by the Roanoke City School System and the ordinance appropriates funds to Roanoke City Public Schools.) 37 BUDGET-WATER RESOURCES: Mr. Harris offered the following emergency ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002, in the total amount of $13,953,658.00: (#35331-050701) AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) ACTION: Mr. Harris moved the adoption of Ordinance No. 35331-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Bestpitch, Carder, and Mayor Smith ............................................................................................... 6. NAYS: Council MemberWyatt ................................................................. 1. SEWERS AND STORM DRAINS-BUDGET: Mr. Harris offered the following emergency ordinance adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002, in the total amount of $10,841,945.00: (#35332-050701) AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) ACTION: Mr. Harris moved the adoption of Ordinance No. 35332-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None .................................................................................... --0. BUDGET-ROANOKE CIVIC CENTER: Mr. Harris offered the following emergency ordinance adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002, in the total amount of $4,536,814.00: ACTION: ACTION: (#35333-050701) AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35333-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. 7. NAYS: None ..................................................................................... -0. BUDGET-TRANSPORTATION FUND: Mr. Hudson offered the following emergency ordinance adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002, in the total amount of $2,043,043.00: (#35334-050701) AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Hudson moved the adoption of Ordinance No. 35334-050701. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ................................................................................... -0. BUDGET-CAPITAL IMPROVEMENTS PROGRAM: Mr. Harris offered the following emergency ordinance adopting the annual Capital Projects Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002, in the amount of $2,150,000.00. (#35335-050701) AN ORDINANCE adopting the annual Capital Projects Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) ACTION: ACTION: ACTION: Mr. Harris moved the adoption of Ordinance No. 35335-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ................................................................................ -0. BUDGET-CITY INFORMATION SYSTEMS: Mr. White offered the following emergency ordinance adopting the annual Department of Technology Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002, in the amount of $4,208,276.00. (#35336-050701) AN ORDINANCE adopting the annual Department of Technology Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. White moved the adoption of Ordinance No. 35336-050701. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ............... BUDGET-GENERAL SERVICES: Mr. Harris offered the following emergency ordinance adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002, in the total amount of $93,052.00: (#35337-050701) AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35337-050701. The motion was seconded by Mr. Carder and adopted by the following vote: 40 AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None 0. BUDGET-MANAGEMENT AND BUDGET: Mr. Harris offered the following emergency ordinance adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002, in the total amount of $124,552.00: (#35338-050701) AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) ACTION: Mr. Harris moved the adoption of Ordinance No. 35338-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ..................................................................................... -0. BUDGET-FLEET MAINTENANCE FUND: Mr. Harris offered the following emergency ordinance adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002, in the total amount of $5,996,486.00: (#35339-050701) AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) ACTION: Mr. Harris moved the adoption of Ordinance No. 35339-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None 4] ACTION: ACTION: BUDGET-RISK MANAGEMENT FUND: Mr. Harris offered the following emergency ordinance adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002, in the total amount of $11,063,159.00: (#35340-050701) AN ORDINANCE adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35340-050701. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ................................................................................. -0. BUDGET-SCHOOLS: Mr. Harris offered the following emergency ordinance adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002, in the total amount of $99,170,021.00: (#35341-050701) AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35341-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Bestpitch, Carder, and Mayor Smith .............................................................................................. -6. NAYS: None ................................................................................... --0. (Council Member Wyatt abstained from voting inasmuch as she is employed by the Roanoke City School System and the ordinance appropriates funds to Roanoke City Public Schools.) ACTION: ACTION: BUDGET-SCHOOLS: Mr. Harris offered the following emergency ordinance adopting the annual School Food Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002, in the total amount of $4,521,314.00: (#35342-050701) AN ORDINANCE adopting the annual School Food Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35342-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Bestpitch, Carder, and Mayor Smith .............................................................................................. -6. NAYS: None .................................................................................... -0. (Council Member Wyatt abstained from voting inasmuch as she is employed by the Roanoke City School System and the ordinance appropriates funds to Roanoke City Public Schools.) BUDGET-GRANTS: Mr. Harris offered the following emergency ordinance adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002, in the total amount of $317,926.00: (#35343-050701) AN ORDINANCE adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35343-050701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................. -7. NAYS: None ....................................................................................... -0. POLICE DEPARTMENT-PAY PLAN-BUDGET-FIRE DEPARTMENT-CITY EMPLOYEES: Mr. Harris offered the following emergency ordinance: 43 (#35344-050701) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City, effective July 1, 2001; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; providing for continuation of a police career enhancement program; providing for continuation of a Firefighter/Emergency Medical Technician merit pay program; providing for payment of a monthly stipend to certain board and commission members; repealing Ordinance No. 34794-050900, adopted May9, 2000, to the extent of any inconsistency; and providing for an emergency and effective date. (For full text of Ordinance, see Ordinance Book No. 64.) ACTION: Mr. Harris moved the adoption of Ordinance No. 35344-050701. The motion was seconded by Mr. Hudson. Ms. Angela Norman, 1731 Michael Street, N. W., a City employee, advised that the ordinance provides for certain salary adjustments, and a merit increase itemizes those situations that may necessitate an employee receiving additional remuneration, and provides the City Managerwith the autonomy to approve bonuses and/or salary adjustments as she deems appropriate. She stated that Council has been overly careful in its efforts not to micro-manage; however, bonuses and additional salary adjustments represent a cost factor to taxpayers. She added that the City Manager is the City's gate keeper, but City Council is the citizens' watch dog over expenditures of tax dollars; therefore, she suggested that Council monitor and request detailed reports with regard to all bonuses and/or salary adjustments above and beyond normal merit increases. Resolution No. 35344-050701 was adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................. -7. NAYS: None CITY CLERK-BUDGET: Mr. Harris offered the following emergency ordinance authorizing and approving the establishment of a new position entitled Assistant Deputy Clerk in the Office of the City Clerk, effective July 1, 2001: 44 ACTION: (#35345-050701) AN ORDINANCE authorizing and approving the establishment of a new position entitled Assistant Deputy Clerk in the Office of the City Clerk; providing for an effective date; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35345-050701. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................ -7. NAYS: None .................................................................................... -0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: PAY PLAN-CITY EMPLOYEES: Council Member Hudson requested a briefing by the City Manager in regard to the City's Pay and Classification Plan. ROANOKE MEMORIAL HOSPITALS-SPORTS COMPLEX-TRAFFIC: Council Member Harris called attention to a concern expressed by a citizen with regard to the appearance of unlimited parking along the street that borders River's Edge Sports Complex from Franklin Road to Carilion Roanoke Memorial Hospital. He requested that the matter be referred to the City Manager for investigation and report to Council. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. There being no further business, the Mayor declared the meeting in recess at 5:30 p.m., to be reconvened on Thursday, May 10, 2001, at 12:00 noon, for the purpose of holding the Second Leadership Summit at the Boxtree Lodge which is located off of Hardy Road on Hammond Drive in Roanoke County, said meeting to be hosted by Roanoke County. The regular meeting of Roanoke City Council which was declared in recess on Monday, May 7, 2001, until 12:00 noon, on Thursday, May 10, 2001, at the Boxtree Lodge, located off Hardy Road on Hammond Drive, Vinton, Virginia, was called to order by Mayor Ralph K. Smith. 45 PRESENT: Council Members W. Alvin Hudson, Jr., Linda F. Wyatt, William D. Bestpitch and Mayor Ralph K. Smith ................................................... -4. ABSENT: Council Members Willilam H. Carder, C. Nelson Harris and William White, Sr.- ............................................................................................. 3. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Stephanie M. Moon, Deputy City Clerk. OTHERS PRESENT: Delegate C. Richard Cranwell, Virginia House of Delegates; Delegate A. Victor Thomas, Virginia House of Delegates; Chairman H. Odell "Fuzzy" Minnix, Roanoke County Board of Supervisors; Board Member Joseph B. Church, Roanoke County Board of Supervisors; Board Member Bob L. Johnson, Roanoke County Board of Supervisors; Board Member Harry C. Nickens, Roanoke County Board of Supervisors; Chairman Kirby E. Richardson, Bedford County Board of Supervisors; Board Member Bobby G. Pollard, Bedford County Board of Supervisors; Board Member William G. Loope, Botetourt County Board of Supervisors; Board Member Wanda C. Wingo, Botetourt County Board of Supervisors; Council Member Robert R. Altice, Vinton Town Council; Council Member Bradley E. Grose, Vinton Town Council; Council Member Thomas A. Rotenberry, Vinton Town Council; Mayor Carl E. Tarpley, Jr., City of Salem; Jennifer Faulkner, Aide representing Congressman Bob Goodlatte; Allison Baird, Aide representing Senator John S. Edwards; Brian Shepherd, Aide to Delegate A. Victor Thomas; Elmer C. Hodge, Roanoke County Administrator; William C. Rolfe, Bedford County Administrator; Gerald A. Burgess, Botetourt County Administrator; Richard E. Huff, II, Franklin County Administrator; Forest Jones, Salem City Manager; B. Clayton Goodman, III, Vinton Town Manager; George C. Snead, Jr., Roanoke City Assistant City Manager for Operations; Christopher Slone, Roanoke City Public Information Officer; Paul M. Mahoney, Roanoke County Attorney; John M. Chambliss, Jr., Roanoke County Assistant Administrator for Human Resources; Diane D. Hyatt, Roanoke County Finance Director; Dan O'Donnell, Roanoke County; Kathi Scearce, Roanoke County; Mary Allen, Clerk, Roanoke County Board of Supervisors; Brenda Holton, Deputy Clerk, Roanoke County Board of Supervisors; Beth Doughty, Executive Director, Roanoke Regional Chamber of Commerce; Philip Sparks, Executive Director, Roanoke Valley Economic Development Partnership; Wayne Strickland, Executive Director, Roanoke Valley-Alleghany Regional Commission; and Joyce Waugh, Roanoke Regional Chamber of Commerce. The Invocation and the Pledge of Allegiance to the Flag of the United States of America was led by Chairman Minnix. Mayor Smith advised that the purpose of the meeting is to hold the Second Greater Roanoke Valley Leadership Summit of the Roanoke Valley governing bodies, which was agreed upon at a meeting held on January 8, 2001, hosted by the City of Roanoke. At this point, Mayor Smith relinquished the chair to Chairman Minnix. The Chairman welcomed everyone to the meeting, and expressed appreciation for use of the recreation center at Boxtree Lodge. The meeting was declared in recess at 12:35 p.m., for lunch. The business session was reconvened at 1:00 p.m. Chairman Minnix asked for a moment of silence in recognition of Wayne Compton, Roanoke County Commissioner of the Revenue, who passed away on Tuesday, May 9, 2001. In connection with the agenda, Mr. Minnix advised of two additional items relating to Port of Entry and Regional Identity. REVIEW OF THE METROPOLITAN STATISTICAL AREA (MSA) DESIGNATION AS A RESULT OF THE RECENT CENSUS: Mr. Strickland presented a briefing on proposed changes to the Metropolitan Statistical Area designations as a result of the recent census. (For full text, see data on file in the City Clerk's Office.) Chairman Minnix stated that a study committee should be established; government officials should submit three names selected from elected governmental officials, administrative officials and citizens; and forward the names to the Clerk of the Roanoke County Board of Supervisors. There being no further discussion, Chairman Minnix expressed appreciation to Mr. Strickland for his remarks. ECONOMIC DEVELOPMENT: Ms. Doughty presented a briefing on a regional economic development strategy focusing on technology. She commented on the following ten reasons why being a member of the Roanoke Regional Chamber of Commerce is a good investment: new business contacts, referrals, legislative action, community information, professional development, small business assistance, health insurance, leadership training, workforce development, and publicity and exposure. 47 Ms. Doughty advised that the Fifth Planning District Regional Alliance was established in 1997 to promote cooperation among jurisdictions and to improve economic competitiveness of the region; the Alliance has been the recipient of approximately $1 million from Virginia's Regional Competitiveness Program; and has provided seed money for more than 17 multi-jurisdictional projects, including the Blue Ridge Parkway Interpretative Center, Pulaski Commerce Park, Greenfield Education & Training Center, Roanoke Higher Education Center, the Japanese Saturday School, regional sports marketing effort of the Roanoke Valley Convention and Visitors Bureau, redevelopment of the old CSX property in the Town of Clifton Forge, and the Workforce Development Center in Franklin County. She further advised that at its March 1,2001 meeting, the Alliance Board voted unanimously to pursue the development of an economic strategy for the region and its neighbors based upon Roanoke Metropolitan Statistical Area data; and the latest figures on adjusted gross income for married couples illustrated that while Virginia experienced an 18.3% increase in adjusted gross income between 1990 and 1998, the region had an increase of 7.2%, and the 1998 per capita income for Virginia was $29,957.00, while the per capita income for the region was $25,117.00. Ms. Doughty pointed out that the Regional Alliance seeks to create a "road map" to prosperity for the region; the process should identify the critical steps necessary to prosper and grow in the future; and a committee of the Alliance consisting of representatives from the public and private sectors met and are developing a Request for Proposals for a "business strategy," which identifies the need and looks at possibilities with a strong focus on technology but does not overlook manufacturing and service sectors. In closing, Ms. Doughty commented that the region will have a Road Map to the. future -- a road map to share and integrate the work of governments, organizations, and agencies; the region will identify action steps needed to achieve prosperity and to move the strategy forward; the region will have a process for monitoring progress in implementation; and the Regional Alliance will have a guide for using regional competitiveness funds. Chairman Minnix expressed appreciation to Ms. Doughty for her remarks. PORT OF ENTRY: Mr. Sparks presented a briefing with regard to an application for a Port of Entry, advising that currently the New River Valley Port of Entry has its boundaries in the general area encompassing the Dublin Airport in Dublin, Virginia; and the Dublin International Airport serves as the Office for the U. S. Customs Official serving the Port of Entry and the Foreign Trade Zone. He further advised that the advantage for local companies in the New River Valley is that they can have local clearance and inspection of cargo, as well as speedy resolution of any problems locally, allowing companies participating to avoid long delays in clearing customs; in some cases, inspection and clearance could take a month or longer, resulting in costly delays for companies waiting for critical manufacturing parts or equipment; and by having the Port of Entry boundaries expanded to include the Greater Roanoke Region, the companies will receive the same benefits as those in the New River Valley. He commented that there is already a bonded warehouse under development on Municipal Road, a short distance from the Roanoke Regional Airport; and with the Roanoke Region being included in the Port of Entry, companies could immediately forward shipments directly via "paired entry" utilizing Customs Port #1481 for clearance and have shipments enter Roanoke; and within two weeks, an announcement to be made to include Bedford County. Chairman Minnix expressed appreciation to Mr. Sparks for his remarks. REGIONAL IDENTITY: The Chairman asked for comments with regard to holding regular meetings to discuss mutual interests of the local governing bodies. Ms. Burcham commented that correlation of cities and counties would strengthen representation in Richmond, and the localities should work together to speak with one voice when addressing legislation. Other comments were to continue meeting, offer something concrete instead of in theory, pool resources, and continue to have open dialogue in order to work together as a region. Ms. Wyatt agreed with the abovestated comments, but expressed concern with regard to research/trends in larger communities, and suggested that additional staff be hired to investigate where the world is going so that the localities could stop playing "catch up". Since it was the consensus of the group to continue to meet on a regular basis, Vice-Chairman Kirby Richardson, Bedford County Board of Supervisors, offered to host the third Greater Roanoke Valley Leadership Summit on Thursday, July 12, 2001, in Bedford, Virginia. It was agreed upon that the next Leadership Summit will be held in Bedford, Virginia, and information will be forwarded at a later date as to time and location. There being no further business, Chairman Minnix adjourned the meeting at :45 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL May 21, 2001 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, May 21, 2001, at 2:00 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 35270-040201 adopted on April 2, 2001. PRESENT: Council Members William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder, C. Nelson Harris and Mayor Ralph K. Smith ............................................................................................ 6. ABSENT: Council Member W. Alvin Hudson ........................................... 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; Gary Tegenkamp, Assistant City Attorney; Ann A. Shawver, Manager of Accounting Services; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Frank W. Feather, Pastor, Forest Park Baptist Church of Roanoke. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. PRESENTATIONS ACTS OF ACKNOWLEDGMENT: The Mayor welcomed a delegation of Ukrainian professionals who are visiting the United States and focusing on environmental issues, with an interest in learning more about how industry and government work together to improve the environment and to gain information about the toxic release inventory system being implemented in the United States. PROCLAMATIONS-HOSPITALS: The Mayor presented a Proclamation declaring Saturday, May 26, 2001 as Lifeguard 10 Day in the City of Roanoke. (For full text, see Proclamation on file in the City Clerk's Office.) CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to three requests for Closed Meetings to discuss the performance of two Council-Appointed officers; to discuss acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. The Mayor requested an additional closed session to discuss a personnel matter in regard to employment of a person by the City for a specific purpose, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Vi rgi nia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ......................................................................................... 6. NAYS: None ....................................................................................... 0. (Council Member Hudson was absent.) COMMITTEES-CITY COUNCIL: A communication from Council Member C. Nelson Harris, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter with regard to the performance of two Council-Appointed officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. 2 (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request to convene in a Closed Meeting to discuss a personnel matter with regard to the performance of two Council-Appointed officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith .......................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) PURCHASE/SALE OF PROPERTY-CITY MANAGER: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss a matter with regard to acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss a matter with regard to acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith .......................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) INDUSTRIES-SALE/PURCHASE OF PROPERTY-CITY PROPERTY: A communication from the City Manager advising that during the grading and development of three new sites (Tracts A, B and F), in the Roanoke Centre for Industry and Technology (RCIT), two adjoining property owners have requested 3 small portions of real property to be conveyed to adjoining property owners; i.e.: Blue Hills Golf Corp. and Anderson Wade Douthat, et al, was before the body. The City Manager recommended that she be authorized to advertise a public hearing on the disposition of surplus property and, lacking any comments to the contrary, execute all necessary agreements and other documents to convey real property owned by the City of Roanoke (Grantee is to be responsible for all title work, surveying, plat preparation, and preparation of legal documents), subject to certain terms and conditions acceptable to the City Manager, as follows: Blue Hills Golf Corp., approximately 14,000 square feet of property; and Anderson Wade Douthat, et al, approximately 12,000 square feet of property. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the recommendation of the City Manager. The motion seconded by Mr. Carder and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith .......................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) COMMITTEES-ROANOKE ARTS COMMISSION: A communication from Lu Jean Bedard tendering her resignation as a member of the Roanoke Arts Commission, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that the communication be received and filed and that the resignation be accepted. The motion was seconded by Mr. Carder and adopted by the following vote: 4 AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith .......................................................................................... 6. NAYS: None ....................................................................................... 0. '(Council Member Hudson was absent.) COMMITTEES-CITY MANAGER-OATHS OF OFFICE-HOUSING/AUTHORITY- COMMUNITY PLANNING-ROANOKE ARTS COMMISSION: The following reports of qualification were before Council: Rolanda A. Johnson as Assistant City Manager, effective May 1, 2001; Brenda A. Powell as a member of the Fair Housing Board for a term ending March 31, 2004; and Alfred T. Dowe and Richard A. Rife as members of the City Planning Commission for terms ending December 31, 2004. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. Harris moved that the reports of qualification be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith .......................................................................................... 6. NAYS: None ...................................................................................... 0. (Council Member Hudson was absent.) COUNCIL: A communication from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss a personnel matter relating to employment of a person by the City for a specific public purpose, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss a personnel matter relating to employment of a person by the City for a specific public purpose, pursuant to Section 2.1-344(A)(1), 5 Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith .......................................................................................... 6. NAYS: None ....................................................................................... 0. (Council Member Hudson was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: INDUSTRIES-ECONOMIC DEVELOPMENT: Camille Lounds, Director, Virginia Highlands Film Office, advised that the film industry is a $50 billion per year business. She stated that her office is working on four movies for the area, following approval by the publicity departments of the production agencies, announcements will be made; and she is currently negotiating with Vogue Magazine on a fashion photo shoot to take place in the City Market area. She advised that the economic impact by the film industry is immense and a major feature film could generate $100,000.00 per day into the economy of the Roanoke Valley, and she has visited abroad on several occasions promoting the Commonwealth of Virginia to the film industry. She explained that three regional film offices will be established in Virginia: a state office, a central office and a regional office. In summary, she stated that in the near future, she will submit a funding request to the City of Roanoke. Without objection by Council, the Mayor advised that the remarks of Ms. Lounds would be received and filed. PETITIONS AND COMMUNICATIONS: BUDGET-GRANTS-SCHOOLS: A communication from the Roanoke City School Board requesting that Council close-out 46 school grants that have been completed, with outlays totaling $11,736,173.02, was before the body. A report of the Director of Finance recommending that Council concur in the request, was also before the body. Mr. Harris moved that Council concur in the request. The motion was seconded by Mr. Carder and adopted. 6 BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that Council appropriate the following funds: $780,210.00 from the 2000-01 Capital Maintenance and Equipment Replacement Fund, to provide monies for textbook adoptions, administrative technology requests, school bus replacement, facility maintenance equipment, school plants radios, school playground improvements, maintenance vehicle replacement, cafeteria table replacement, roof replacement, and elementary school improvement. $36,459.00 for the Summer Youth Employment Program for the summer of 2001, to provide training and hands-on experience for disadvantaged or handicapped youth from the inner City, with the goal of enhancing employment potential, developing employment competencies, and earning academic credit toward a high school diploma, 100 per cent to be reimbursed by Federal funds. $5,000.00 for the Western Virginia Regional Science Fair; participating school districts contribute toward the cost of the fair, with a local match cost to Roanoke City; and the additional appropriation request represents fees received for the continuing program. A report of the Director of Finance recommending that Council concur in the request was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35346-052101) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and School Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35346-052101. The motion seconded by Mr. Carder and adopted by the following vote: AYES: Council Members White, Wyatt, Carder, Harris, and Mayor Smith ....... 5. NAYS: None ....................................................................................... 0. 7 (Council Member Bestpitch was out of the Council Chamber when the vote was recorded.) (Council Member Hudson was absent.) BONDS-VIRGINIA TECH-LOANS: A communication from Charles P. Shimer, representing the Industrial Development Authority of Montgomery County, requesting concurrence in a resolution adopted by the Authority and approval of a loan for the benefit of Virginia Tech Foundation, Inc., to assist in financing a portion of the cost of acquiring a two-acre parcel of land and construction of an 11,000 square foot building located at 121 Duke of Gloucester Street in the City of Roanoke to be owned by the Foundation and used by its WVTF Radio Station, with other portions of the proceeds to be used to finance facilities in Blacksburg and Alexandria; was before Council. (For full text, see communication and supporting documents on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35347-052101) A RESOLUTION concurring in the Montgomery Authority Resolution and approving the issuance of Bonds through the Industrial Development Authority of Montgomery County, in a principal amount not to exceed $2,700,0000.00 with respect to the Roanoke Project, for the benefit of the Virginia Tech Foundation, Inc., as required by Section 147(f) of the Internal Revenue Code and Sections 15.2- 4905 and 15.2-4906 of the Virginia Code, to assist in the financing of the Roanoke Project. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35347-052101. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ....................................................................................... -0. (Council Member Hudson was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. 8 ITEMS RECOMMENDED FOR ACTION: BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a communication advising that construction of the Roanoke River Interceptor Sewer Replacement project was completed in June 2000 and portions of the old sewer line remain in service; the City's contract with Black & Veatch, Consulting Engineers, remains open to determine if and how any of the old sewer line should continue to be used in connection with the new interceptor line; and it is necessary to perform a television inspection of the old sewer line to locate any remaining service connections, locate improper connections and to assess the condition of the pipe for possible rehabilitation at a future time. It was further advised that an amendment has been negotiated with Black & Veatch, in the amount of $75,000.00, to prepare bidding documents for television inspection and to provide an evaluation of the feasibility of rehabilitating the old sewer line. The City Manager recommended that she be authorized to execute Amendment No. 5 with Black & Veatch, in the amount of $75,000.00; and that Council authorize transfer of $75,000.00 from Roanoke River Interceptor, Account No. 003- 056-8485, to a new account entitled, Roanoke River Interceptor Sewer Rehabilitation. (For full text, see communication on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#35348-052101) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. White moved the adoption of Ordinance No. 35348-052101. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ....................................................................................... 0. (Council Member Hudson was absent.) Mr. White offered the following resolution: 9 (#35349-052101) A RESOLUTION authorizing the City Manager's issuance of Amendment No. 5 to the City's contract with Black & Veatch to perform a television inspection of the old sewer line to locate any remaining service connections, locate improper connections and to assess the condition of the pipe for possible rehabilitation at a future time for the Roanoke River Interceptor Sewer Project. (For full text of Resolution, see Resolution Book No. 64.) Mr. White moved the adoption of Resolution No. 35349-052101. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) BUDGET-SIDEWALK/CURB AND GUTTER: The City Manager submitted a communication advising that H. & S. Construction Company was awarded a contract, in the amount of $644,350.00 on a unit price basis at the June 22, 2000 meeting of Council, to provide new sidewalk and curbs on various streets to be designated within the City; and two blocks located on the south side of Cove Road, N. W. were designated in the contract and have been completed. It was further advised that the contract is still open and the contractor has agreed to unit prices in Phase V-A to complete the remaining portion of the south side of Cove Road, N. W. between Abbott Street and Hershberger Road; and construction should begin as soon as all property rights are acquired by the City. The City Manager recommended that she be authorized to execute Change Order No. 1, in the amount of $75,000.00 and 90 additional days of contract time, with H. & S. Construction Company for completion of curb, gutter and sidewalk on the south side of Cove Road, N. W. between Abbott Street and Hershberger Road; and that Council appropriate $75,000.00 to Account No. 008-052-9608-9003, New Concrete Sidewalks, Entrances and Curb - Phase V-A. (For full text, see communication on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: 10 (#35350-052101) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. White moved the adoption of Ordinance No. 35350-052101. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) Mr. White offered the following emergency ordinance: (#35351-052101) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with H. & S. Construction Company for the completion of curb, gutter and sidewalk on the south side of Cove Road, N. W. between Abbott Street and Hershberger Road for the New Concrete Sidewalks, Entrances and Curb Phase V-A Project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. White moved the adoption of Ordinance No. 35351-052101. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) BUDGET-BRIDGES: The City Manager submitted a communication advising that Memorial Bridge has substantially deteriorated since the 1998 inspection and currently needs more than $1,000,000.00 in concrete repairs and rehabilitation; engineering services are required to detail the extent of the repairs; after proper advertisement, consultant qualification proposals were received on March 2, 2001; 11 a Selection Committee selected the firm of Hayes, Seay, Mattern & Mattern, Inc., as the most qualified firm for the proposed work; and a consultant contract has been negotiated in the amount of $179,850.00. The City Manager recommended that she be authorized to execute an Engineering Services Contract, in the amount of $179,850.00, with Hayes, Seay, Mattern & Mattern, Inc., to provide preliminary design/investigation, final design and construction administration for rehabilitation of Memorial Bridge; and that Council authorize transfer of $200,000.00 from Hunter Viaduct, Account No. 008-052-9636 to a new account to be established by the Director of Finance, entitled "Rehabilitation of Memorial Bridge". (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35352-052101) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35352-052101. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) Mr. Harris offered the following resolution: (#35353-052101) A RESOLUTION authorizing a contract with Hayes, Seay, Mattern & Mattern, Inc., for engineering services for providing preliminary design/investigation, final design, and contract administration for the rehabilitation of Memorial Bridge. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35353-052101. The motion was seconded by Mr. Carder and adopted by the following vote: 12 AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) BUDGET-CITY EMPLOYEES-PERSONNEL LAPSE FUNDS: The City Manager submitted a communication advising that the adopted budget for fiscal year 2001 includes an estimated $1,949,325.00 in salary lapse; salary lapse is the difference in budgeted City employee salaries and actual salaries and is created through normal employee attrition and the managed hiring and re-engineering efforts undertaken during the year by City staff; at year-end, salary lapse created in departments is credited against the budgeted total salary lapse figure and any excess salary lapse generated is spread throughout the various departments to cover annual payroll accrual and operational needs; and for fiscal year 2001, total estimated salary lapse is $2,512,709.00. The City Manager recommended that Council authorize the transfer of salary lapse funds between accounts as listed in Attachment A to the report. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following emergency ordinance: (#35354-052101) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35354-052101. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) WRABA-SPEClAL SERVICE DISTRICT: The City Manager submitted a communication advising that the Williamson Road Area Business Association, Inc., (WRABA) entered into a contract to administer Special Service District (SSD) funds 13 for the area on June 20, 1996 and the agreement has been renewed yearly; in the contract, WRABA is limited to using 60 per cent of Special Service District funds on overhead expenses; and when the contract was renewed in 2000, in a response to a request from the Association to remove the 60 per cent limitation, the City Manager suggested that the organization be polled to determine the overall support for the change by its membership. It was further advised that 237 Special Service District paying members of the Williamson Road area were mailed a letter on February 6, 2001, requesting their permission to remove the 60 per cent limitation and it was clearly noted in the letter that if the ballot was not returned, it would be considered a vote for removal; each entity was given until March 6, 2001, to return the ballot; as of March 7, 2001, 47 returned the ballots, with only 19 voting to keep the restriction; accordingly, an amendment to the contract has been prepared to eliminate the 60 per cent restriction. The City Manager recommended that she be authorized to execute an amendment to the present agreement dated June 20, 1996, between the City of Roanoke and the Williamson Road Area Business Association, Inc., (WRABA) to eliminate the restriction on the amount of Special Service District funds that may be expended on overhead by the Williamson Road Area Business Association. (For full text, see communication on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#35355-052101) AN ORDINANCE authorizing execution of Amendment No. 1 to the Williamson Road Area Service District Services Agreement between the City of Roanoke and the Williamson Road Area Business Association, Inc. (WRABA), which will delete the restriction in such Agreement regarding overhead expenses; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Ms. Wyatt moved the adoption of Ordinance No. 35355-052101. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) 14 COURT COMMUNITY CORRECTIONS BOARD: The City Manager submitted a communication advising that the General Assembly amended state law, Code of Virginia (1950), as amended, Section 53.1-183, effective July 1, 2001, to change the required membership of the Regional Community Criminal Justice Board; and the statute no longer requires that a person from each governing body or city or county manager or deputy city or county manager be appointed, but only that a person representing the governing body be appointed. It was further advised that the current Board is changed only in that Judge Weckstein will replace Judge Honts, Chief Lavinder of the Roanoke County Police Department has been added, and Chief Gaskins will replace George C. Snead as the City's representative; and the Board will be comprised of up to 25 members. The City Manager recommended that Council adopt a resolution and appoint A. L. Gaskins to the Court Community Corrections Regional Community Criminal Justice Board and reconstitute the Board with the appointments as set forth in the resolution. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35356-052101) A RESOLUTION of the Council of the City of Roanoke, establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke, and Salem, the membership of the Court-Community Corrections Regional Community Criminal Justice Board to serve the region composed of those Counties and Cities. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35356-052101. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith .......................................................................................... -6. NAYS: None ....................................................................................... -0. (Council Member Hudson was absent.) CITY ATTORNEY: 15 BRIDGES: The City Attorney submitted a written report advising that by letter dated April 16, 2001, the City Manager concurred in the recommendation of the Bid Committee that Council accept the bid of Lanford Brothers Co., Inc., for making various repairs to four bridges within the City; and consistent with the recommendation, Council adopted a measure which accepted the bid and authorized the City Manager to execute appropriate documents for the work. It was further advised that due to an error in drafting, Council's action was taken in the form of a resolution; however, the City Charter requires that the action be taken by ordinance; whereupon, the City Attorney recommended that Council adopt an ordinance retroactive to April 16, 2001. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35357-052101) AN ORDINANCE repealing and replacing Resolution No. 35285-041601; accepting the bid of Lanford Brothers Company, Incorporated, for making various repairs to four bridges within the City, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; establishing an effective date; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35357-052101. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) PARKS AND RECREATION: The City Attorney submitted a written report advising that by letter dated April 16, 2001, the City Manager concurred in a recommendation of the Bid Committee that Council accept the bid of Breakell, Inc., for certain improvements to City park softball/baseball fields; and consistent with the recommendation, Council adopted a measure which accepted the bid and authorized the City Manager to execute appropriate documents for the work. It was further advised that due to an error in drafting, Council's action was taken in the form of a resolution; however, the City Charter requires that the action 16 be taken by ordinance; whereupon the City Attorney recommended that Council adopt an ordinance retroactive to April 16, 2001. (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following emergency ordinance: (#35358-052101) AN ORDINANCE repealing and replacing Resolution No. 35286-041601; accepting the bid of Breakell, Inc., for making ballfield improvements at two parks within the City, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for such work; establishing an effective date; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35358-052101. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) BUDGET-PURCHASE/SALE OF PROPERTY-RAILSIDE LINEAR WALK: The Assistant City Attorney submitted a written report on behalf of the City Attorney advising that the City has been negotiating for several months with the owners of Official Tax Nos. 1010306 and 1010307, located at 119 and 117 Norfolk Avenue, S. W., respectively, to purchase the property; portions of the property are needed for the City's Railside Linear Park, and the remainder of the property would be used by the City to promote economic development; after protracted negotiations, the property owners have agreed to sell the property to the City for $636,000.00, and agreed to close on the property and convey same to the City on June 1, 2001, with $50,000.00 of the purchase price to be disbursed at closing; the property owners would like to retain possession of the building for 150 days after closing, with the balance of the purchase price to be paid upon vacation of the premises; during the hold over period, the property owners essentially would be tenants of the City, and would be required to provide the City with insurance, to continue to pay utilities, and to be responsible for all other things normally expected of a tenant; and during this hold over period, the City could undertake the necessary work that needs to be done 17 on the premises for the Railside Linear Park Project, and the building would be available for the City to show to economic development prospects. The City Attorney transmitted an ordinance for consideration by Council. (For full text, see report on file in the City Clerk's Office.) Mr. Bestpitch offered the following emergency ordinance: (#35359-052101) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Bestpitch moved the adoption of Ordinance No. 35359-052101. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, and Harris ............ 5. NAYS: None ........................................................................................ 0. (Mayor Smith abstained from voting.) (Council Member Hudson was absent.) Mr. Bestpitch offered the following ordinance and dispensing with the second reading: (#35360-052101) AN ORDINANCE authorizing the proper City officials' execution of an Agreement for Purchase and Sale of Real Estate, providing for the City's acquisition of certain property, bearing Official Tax Nos. 1010306 and 1010307, at 119 and 117 Norfolk Avenue, respectively, from Robert E. Zimmerman and Lynn F. Zimmerman, which property is needed by the City for the Railside Linear Park - Phase I Project; approving the purchase price to be paid for such property and authorizing acceptance of a deed conveying such property to the City; and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Bestpitch moved the adoption of Ordinance No. 35360-052101. The motion was seconded by Mr. Carder and adopted by the following vote: 18 AYES: Council Members White, Wyatt, Bestpitch, Carder, and Harris ............ 5. NAYS: None ........................................................................................ 0. (Mayor Smith abstained from voting.) (Council Member Hudson was absent.) REPORTS OF COMMITTEES: BUDGET -WATER RESOURCES-SEWERS AND STORM DRAINS: Vice-Mayor William H. Carder, Member, Bid Committee, presented a written report on behalf of the Committee, advising that there are two drop inlets on Yellow Mountain Road, near the intersection with Garden City Boulevard, that collect stormwater runoff from Yellow Mountain Road; the inlets release the collected water onto private properties which do not drain naturally, therefore, stormwater ponds near homes and businesses located on the properties; in order to redirect the runoff, the existing storm drain system on Yellow Mountain Road needs to be connected to another existing storm drain system; and construction plans have been completed to connect the inlets on Yellow Mountain Road to an existing storm drain system on Melcher Street. The Bid Committee recommended that the City Manager be authorized to enter into a contractual agreement with Virginia Infrastructure, Inc., in the amount of $80,236.00 and 120 consecutive calendar days to construct the Garden City Storm Drain Project Phase 7; that Council authorize transfer of $89,000.00 from Public Improvement Bond Series 1996, Account No. 008-052-9701-9176, to Garden City Phase 7, Account No. 008-052-9693; and reject all the other bids received by the City. The City Manager submitted a statement of concurrence in the recommendation of the Bid Committee. (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following emergency ordinance: (#35361-052101) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35361-052101. The motion was seconded by Mr. Harris and adopted by the following vote: 19 AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) Mr. Bestpitch offered the following emergency ordinance: (#35362-052101) AN ORDINANCE accepting the bid of Virginia Infrastructure, Inc., to connect the inlets on Yellow Mountain Road to an existing storm drain system on Melcher Street in connection with the Garden City Storm Drain Project - Phase 7, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Bestpitch moved the adoption of Ordinance No. 35362-052101. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) RECYCLING: A report of the Bid Committee in connection with provision of recycling services for paper, bottle and can commodities, was withdrawn by Vice- Mayor Carder on behalf of the Bid Committee. BUDGET-STREETS AND ALLEYS: Vice-MayorWilliam H. Carder, Member, Bid Committee, presented a written report on behalf of the Committee, advising that three bids for the 2001 Street Paving Program were received on May 1, 2001, and referred to the Bid Committee for review and report to Council; whereupon, the Bid Committee recommended that Council approve the following actions: Accept the bid of Adams Construction Company and authorize the City Manager to enter into a contractual agreement with Adams 2O Construction Company, in the amount of $1,969,602.91 (which includes Alternate 1), in a form to be approved by the City Attorney. Appropriate $420,000 .00 in CMERP funding ($350,000.00 for Street Paving and $70,000.00 for Public Works Service Center Paving) to Street Paving Account No. 001-530-4120-2010. Appropriate $35,000.00 in CMERP funding to a new Capital account to be entitled Public Works Service Center Improvements. Increase the revenue estimate by $197,949.00 in Street Maintenance Revenue, Account No. 001-110-1234-0650, and appropriate to Street Paving, Account No. 001-530-4120-2010. Transfer $100,000.00 from Street Paving, Account No. 001-530-4120- 2010, to a new Capital account to be entitled Lincoln 2000 Project. Transfer $100,000.00 from Street Paving, Account No. 001-530-4120- 2010, to Greater Gainsboro Infrastructure Improvements, Account No. 008-410-9625. Reject all other bids received by the City. The City Manager submitted a statement of concurrence in the recommendation of the Bid Committee. (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following emergency ordinance: (#35363-052101) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35363-052101. The motion was seconded by Mr. Harris and adopted by the following vote: 21 AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) Mr. Bestpitch offered the following emergency ordinance: (#35364-052101) AN ORDINANCE accepting the bid of Adams Construction Company for paving and profiling of various streets, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Bestpitch moved the adoption of Ordinance No. 35364-052101. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith .......................................................................................... -6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) UNFINISHED BUSINESS: None. INTRODUCTION RESOLUTIONS: AND CONSIDERATION OF ORDINANCES AND WATER RESOURCES-SEWERS AND STORM DRAINS-FEE COMPENDIUM: Ordinance No. 35320, in connection with a rate structure for septic tank disposal fees and certain water rates, having previously been before the Council for its first reading on Monday, May 7, 2001, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#35320-052101) AN ORDINANCE changing the rate structure and establishing a revised rate schedule for septic tank disposal fees and for certain water rates and 22 related charges for services provided by the City effective August 1, 2001; and directing amendment of the Fee Compendium. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35320-052101. was seconded by Mr. Carder and adopted by the following vote: The motion AYES: Council Members White, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................................... 5. NAYS: Council MemberWyatt ................................................................ 1. (Council Member Hudson was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: SCHOOLS: Vice-Mayor Carder commended the Roanoke City School Board and School officials on a recently conducted tour of City schools for real estate agents of the Roanoke Valley. BUDGET-GRANTS: Council Member Bestpitch advised that he has a conflict of interest with regard to Resolution No. 35319-050701, which was adopted by Council on Monday, May 7, 2001, that authorizes the City Manager to submit an approved annual update to the HUD Consolidated Plan for Fiscal Year 2001-2002, which Plan includes funding for the YMCA. Inasmuch as his spouse is employed by the YMCA, he requested that he be permitted to change his affirmative vote to an abstention. Mr. Bestpitch moved that Council concur in his request to change his affirmative vote on Resolution No. 35319-050701 to an abstention. The motion was seconded by Ms. Wyatt and adopted. SHERIFF-CITY JAIL-FIRE DEPARTMENT: Council Member Wyatt acknowledged the contributions of the Sheriff's Office and City Jail inmates in connection with construction of the new joint training facility for Fire and EMS personnel. 23 ACTS OF ACKNOWLEDGEM ENT-HOTEL ROANOKE CONFERENCE CENTER- VIRGINIA TECH: Council Member White requested that the matter of acknowledging the contributions of Deborah Moses, Executive Director, Hotel Roanoke Conference Center, and others, in connection with resolving construction problems at the Hotel Roanoke Conference Center be referred to the City Manager, City Attorney and City Clerk for preparation of the proper measure for consideration by Council at its regular meeting on Monday, June 4, 2001. TRAFFIC-STATE HIGHWAYS: Mr. Harris moved that Council reaffirm its opposition to the proposed routing of 1-73 through the southeast quadrant of the City, and that the City Manager be instructed to communicate the position of Council to the appropriate Virginia Department of Transportation officials and to the City's representatives to the General Assembly. The motion was seconded by Mr. White and adopted, Mayor Smith voted no. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None At 3:15 p.m. the Mayor declared the meeting in recess to be immediately reconvened in the City Council's Conference Room, for the purpose of conducting a staff briefing with regard to Regional Refuse Collection. At 3:20 p.m., the Council meeting reconvened in the Council's Conference Room, with all Members of the Council in attendance, except Council Member Hudson, Mayor Smith presiding. REFUSE COLLECTION-RECYCLING: The City Manager recognized Sherman Stovall, Planning and Support Services Supervisor, for a status update on regional refuse collection. Mr. Stovall advised that during fiscal year 1995-96, a comprehensive study of refuse collection was conducted by City staff, the focus of the study was on enhancing the efficiency and cost effectiveness of residential refuse collection; a recommendation was made to transition from manual collection to automated and semi-automated collection; and a study team from Roanoke City and Roanoke County considered regional refuse collection. He further advised that a decision was made to defer further study of regional refuse collection to allow Roanoke to move forward with automated and semi- automated collection, since Roanoke City and Roanoke County would be using the same collection method; the transition to automated and semi-automated collection was implemented in two phases beginning in fiscal year 1997-98, with no change in collection points and a savings totaling $569,000.00. 24 Mr. Stovall noted that the regional study team resumed the evaluation of regional refuse collection during fiscal year 1999-2000; the team consisted of representatives from the City of Roanoke, Roanoke County, the Town of Vinton and the Roanoke Valley Resource Authority; the consulting firm of R. W. Beck was engaged to evaluate current solid waste collection practices, to identify strategies to improve existing services and to assist with the development of a regional service delivery model; and a regional cost model has been developed including manpower/staffing requirements, equipment requirements and facility requirements. It was explained that a total of 64,118 residents will be served; and key assumptions by the study team are: Roanoke Valley Resource Authority will be the service provider, including maintaining vehicles. No change in service frequency. Maximize the number of curbside collection points. Manpower/staff requirements will include a sufficient backup compliment. Vehicle requirements will include a sufficient backup compliment. Each jurisdiction will transfer collection vehicles to the Roanoke Valley Resource Authority. Vehicles will be replaced based on useful life. It was noted that incremental cost for the City is: $220,338.00 - collection and $446,573.00 - capital; and collection cost factors are: Continued fixed overhead expenses associated with commercial, Central Business District and Recycling collection services; additional compliment of back up staff of approximately ten positions; and savings from route optimization and maximization of curbside collection points reallocated to bulk/brush collection which is more labor intensive; capital cost factors include debt service for the construction of a vehicle maintenance facility; and replacement of vehicles based on useful life since vehicles are currently replaced when the cost of maintenance exceeds the value of the vehicle. 25 In conclusion, the City Manager advised that while other areas of regional cooperation exist in the Roanoke Valley, it is believed that the considerations associated with regional refuse collection do not meet Council's vision for effective government. There being no questions or discussion, without objection by Council, the Mayor advised that the status report would be received and filed. At 3:40 p.m., the Mayor declared the meeting in recess for four closed sessions. At 6:58 p.m., the meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, except Council Member Hudson, Mayor Smith presiding. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) At 7:00 p.m., the Mayor declared the Council meeting in recess to be reconvened immediately for the 7:00 p.m. session of Council, in the City Council Chamber. On Monday, May 21, 2001, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. 26 PRESENT: Council Members William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder, C. Nelson Harris and Mayor Ralph K. Smith .............................................................................................. 6. ABSENT: Council MemberW. Alvin Hudson, Jr.- ...................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; Gary Tegenkamp, Assistant City Attorney; Ann A. Shawver, Manager of Accounting Services; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer 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. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 21, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of John G. Moore, Jr., that a tract of land lying at 1901 Memorial Avenue, S. W., being a portion of Lot 15, Block 5, Section 1, Virginia Heights, Official Tax No. 1330303, be rezoned from C-1, Office District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 4, 2001 and Friday, May 11, 2001. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the property is located at the corner of Memorial Avenue and Denniston Avenue and contains a residential structure that was converted to a business/residential use; there is an art gallery and framing business on the first floor and the second floor is used as a residence; the owner was granted a special exception by the Board of Zoning Appeals to operate a personal service establishment, and the special exception was limited to three years and will soon expire; and rezoning the property to CN will allow operation of the business as a permitted use, was before Council. 27 The Planning Commission recommended that Council approve the request for rezoning. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following ordinance and dispensing with the second reading of the title paragraph: (#35365-052101) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 133, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35365-052101. The motion was seconded by Mr. Carder. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 35365-052101 was adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) Without objection by Council, the Mayor declared the public hearing closed. ROANOKE CiViC CENTER-STADIUM-PURCHASE/SALE OF PROPERTY: Ms. Wyatt moved that the City Manager be authorized to negotiate the acquisition of property across Orange Avenue from the Roanoke Civic Center for construction of a multi-purpose facility (stadium and amphitheater), at a project cost not to exceed $18 million, with a report back to Council on negotiations. The motion was seconded by Mr. Harris and adopted. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 21, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Oakley L. Covey that property located at the northwest corner of the 28 intersection of Old Salem Road and Overland Avenue, S. W., located at 3233 Old Salem Road, Official Tax No. 5210402, be rezoned from LM, Light Manufacturing District, to RS-2, Single-Family Residential District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 4, 2001 and Friday, May 11, 2001. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the property is currently zoned LM, Light Manufacturing and its current use is single-family residential, with a two-story home having been constructed in 1936; the property is surrounded by commercial uses to the south and east, and residential uses to the north and west; current use of the property does not conform to its zoning and the petitioner's request is to maintain present use of the property; and traffic in the area would not be affected, was before Council. The City Planning Commission recommended approval of the request for rezoning and advised that current use of the property is not in conflict with adjacent uses and will in the future, maintain the residential character of the neighborhood surrounding the property to the north; and rezoning of the parcel of land will also minimize potential land use conflicts that may arise in the neighborhood in the event of future commercial development. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following ordinance and dispensing with the second reading of the title paragraph: (#35366-052101) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 521, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35366-052101. The motion was seconded by Mr. Carder. Ross C. Hart, Attorney, appeared before Council in support of the request of his client. 29 The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 35366-052101 was adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) Without objection by Council, the Mayor declared the public hearing closed. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 21, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of CHS, Inc., and Moore's Lumber and Building Supplies, Inc., that a tract of land located on the north side of Franklin Road, S. W., at its intersection with Roberts Road, containing 7.2716 acres, more or less, Official Tax No. 1280602, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain proffered conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 4, 2001 and Friday, May 11, 2001. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that on June 11, 2000, the property was rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain proffered conditions; a petition to rezone the property was filed on March 22, 2001, with the petitioner proposing to use the property for laundry services and the processing of hospital foods to local and regional hospitals; a second amended petition was filed on April 16, 2001; and a third amended petition was filed on May 3, 2001, subject to certain conditions, was before Council. The City Planning Commission recommended that Council approve the request for rezoning. (For full text, see report on file in the City Clerk's Office.) 30 Mr. Harris offered the following ordinance and dispensing with the second reading of the title paragraph: (#35367-052101) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 128, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35367-052101. The motion was seconded by Mr. Carder. The Mayor inquired if there were persons present who would like to address the matter; whereupon, the following persons spoke: Steven J. Talevi, Assistant City Attorney, call attention to a petition signed by a number of citizens in opposition to the request for rezoning (20 per cent of adjoining property owners), the effect of which, under provisions of the City Charter, will require that five of the seven members of Council vote in favor of the request for rezoning if the rezoning is to be approved by Council. Michael G. Ballantyne, representing the petitioner, advised that the property in question was zoned Light Manufacturing until last year when it was rezoned to commercial in anticipation of the development of an office complex; however, the real estate transaction did not occur, therefore, it is now requested that the zoning be changed back to Light Manufacturing to enable the property to be used for other projects. John Christodoulides, Engineer, representing CHS, Inc., advised that the petitioner intends to convert the existing Moore's Distribution Center and Lumber Yard into a complex consisting of a centralized kitchen and laundry service building and warehouse. He stated that a reduction in traffic is projected, the proposed development is compatible with plans of the City of Roanoke for development in the area, and facilities will be introduced into the community that are state-of-the-art. Ms. Christene Helms, 2951 Roberts Road, S. W., presented a petition signed by 70 persons in opposition to the request for rezoning, and expressed concern in regard to problems associated with water pressure, traffic and noise. 31 Michael Waldvogel, 3526 Penarth Road, S. W., spoke in opposition to the request for rezoning, and advised that the property was previously zoned Light Manufacturing District, conditioned upon its use for retail purposes, and the proposed use represents an inappropriate insertion of industrial use into a stable residential and commercial neighborhood. He explained that no Light Manufacturing zoned land currently exists on Franklin Road south of the railroad trestle at Brandon Avenue and the property proposed to be rezoned does not adjoin a Light Manufacturing or a Heavy Manufacturing District, but is surrounded by residential C-1 and C-2 uses. He stated that the proposal before Council is clearly spot zoning and will not benefit the area or the City of Roanoke, and the proposed rezoning is inconsistent with the City's Comprehensive Plan which does not identify the area as a site for future industry. Mr. Mark Hall, 3475 West Ridge Road, S. W., advised that CHS, Inc., has placed restrictions on the request for rezoning to satisfy the concerns of residents of the area. He stated that the proposed operation will be fully enclosed, therefor, noise should not be an issue. He explained that the proposed facility is a continuation of the extension of the bio-med research facility on Jefferson Street, and there is the possibility of four businesses benefitting from the rezoning by relocating their facilities to the building formerly used by Carilion for its laundry service. Mr. Calvert L. Saunders, Vice President, Moores Lumber and Building Supplies, Inc., spoke in support of the request for rezoning. He advised that Moore's is relocating its operation to Aerial Way Drive, therefore, sale of the property is critical. He stated that traffic on Franklin Road will be significantly reduced due to the relocation of Moore's. Mr. W. Jackson Burrows, 325 Willow Oak Drive, S. W., spoke in support of the request for rezoning and advised that under the proposal of Carilion, two self- contained buildings will be constructed, there will be no outside storage, the Roberts Road entrance will be closed to vehicular traffic, traffic will be decreased, the noise factor will be less, two existing businesses that are located in the bio-med center area could be relocated, space currently used by Carilion in the hospital facility for food preparation would be available for other use, existing landscaping on Roberts Road would be enhanced, and there would be no impact on lighting. He stated that the proposal would be an improvement to the area and recommended its approval by Council. Mr. Bob Crawford, 2431 Stanley Avenue, S. E., advised that the proposed use by Carilion is much less intrusive than the current use. He stated that the price of the land, which is extremely high, precludes development, whether it be medical or retail office, which leaves only a user such as CHS, Inc., whose needs relate to 32 productivity and/or efficiency increases as opposed to a real estate investor. He advised that Carilion has proposed a responsible and maintainable use of the property which will be a bench mark of the community for a long time to come, and residents of the area do not have anything to fear as a result of the proposed use. Mr. Peter White, 2615 Rosalind Avenue, S. W., President, Neighbors in South Roanoke, advised that the proposed rezoning represents spot zoning. He called attention to four reasonable thought processes that should be taken into consideration when making a decision: (1) the neighborhood does not want the facility; (2) traffic counts will increase due to the clientele to be served by Carilion; (3) the facility is inconsistent with the fabric of the neighborhood and not in conformance with the City's Comprehensive Plan; and (4) what started out as a proposal to serve nine hospitals and no more than 800 patients will not encompass jails, health groups, and schools. He added that the proposed use is not the correct utilization of the property, it constitutes spot zoning and requested that Council consider the ramifications of the proposed use and exercise the wisdom and courage to reject the request for rezoning. No other persons wishing to be heard, Ordinance No. 35367-052101 was adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Carder, Harris and Mayor Smith--5. NAYS: None ....................................................................................... 0. (Council Member White abstained from voting.) (Council Member Hudson was absent.) Without objection by Council, the Mayor declared the public hearing closed. PURCHASE/SALE OF PROPERTY-CITY PROPERTY: Pursuant to instructions by Council, the City Clerk having advertised a public hearing for Monday, May 21, 2001, at 7:00 p.m., or as soon thereafter as' the matter may be heard, to receive citizen input on a proposed conveyance of City-owned property identified as Official Tax Nos. 1010402 and 1010403, located at 143 Salem Avenue, S. W., to Roanoke Downtown Properties, LLC, or its assigns, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, May 13, 2001. (See publisher's affidavit on file in the City Clerk's Office.) 33 A communication from the City Manager advising that the City of Roanoke has been working through Roanoke Downtown Properties, LLC, with a confidential economic development prospect to expand its operations in downtown Roanoke, which expansion will result in approximately $26 million in new investment ($8 million in new building and $18 million in new equipment) and in order to assist in the assemblage of property necessary for the expansion, two City owned parcels of land, Official Tax Nos. 1010402 and 1010403, currently used for parking, need to be conveyed to Roanoke Downtown Properties, LLC. The City Manager recommended that Council conduct the public and at a later meeting, authorize the City Manager to execute an assignable option agreement to convey the two parcels of land to Roanoke Downtown Properties, LLC, for consideration in the amount of $100.00 and other good and valuation consideration. (For full text, see communication on file in the City Clerk's Office.) The Mayor inquired if there were persons present who would like to address Council in connection with the matter; whereupon, no person asked to be heard. The Mayor called for discussion by Council. There being none, he advised that no action is being requested of the Council at this time; therefore, without objection by Council, he declared the public hearing closed. BUILDINGS-ZONING-CITY CODE: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 21, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that a proposed amendment to Section 7-1, Penalty for violations of chapter, Section 7-3, Building commissioner appointed enforcing official, and Subsections (a) and (b) of Section 7-45, Ar)r}eals, of Chapter 7, Buildin,q Re.clulations; and amending subsection (d) of Section 36.1- 327, Historic district requlations; certificate of appropriateness, and subsection (f) of Section 36.1-345, District requlations; certificate of appropriatenes-% of Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for code officials responsible for inspections under, and enforcement and administration of, the property maintenance code and all other codes within the Building Code, and the delegation of authority of those officials, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 4, 2001 and Friday, May 11, 2001. (See publisher's affidavit on file in the City Clerk's Office.) 34 The City Manager submitted a communication advising that authority to administer the Virginia Uniform Statewide Building Code (USBC), including the Building Maintenance Code (BMC), is assigned by the USBC to a "code official"; Section 7-3 of the City Code designates the City's Building Commissioner as the City's Building Code Official; however, the USBC allows a separate official to be designated as the code official responsible for enforcement of the Building Maintenance Code. It was further advised that prior to April, 2000, the Building Maintenance Code and the rest of the Unified Statewide Building Code was administered by the Building Department, headed by the Building Commissioner; enforcement responsibility for the Building Maintenance Code has been moved from the Building Department to the newly-formed Department of Housing and Neighborhood Services; in order to align legal authority to administer the Building Maintenance Code with the City's current organizational structure, changes in the City Code are needed to authorize the designation of a code official responsible for enforcement of the Building Maintenance Code and to assign specific responsibilities currently held by the Building Commissioner to that official; and the manager of the office administering the Building Maintenance Code has the certification required by the Commonwealth of Virginia. It was further advised that included in the amendments are two changes to the Zoning Ordinance regarding historic districts; and the City Planning Commission held a public hearing regarding the proposed amendments on April 19 and recommended approval of the amendments as submitted. The City Manager recommended that Council amend Chapters 7 and 36.1 of the Code of the City of Roanoke (1979), as amended, to authorize appointment of a Building Maintenance Code official, and assignment of specific responsibilities and authority to the Building Maintenance Code Official and to the Building Code Official. A report of the City Planning Commission recommending approval of the proposed amendments, was also before Council. (For full text, see reports on file in the City Clerk's Office.) Mr. Harris offered the following ordinance and dispensing with the second reading of the title paragraph: (#35368-052101) AN ORDINANCE amending §7-1, Penalty for violations of chapter, §7-3, Building commissioner appointed enforcinq official, and subsections (a) and (b) of §7-45, Ar~r~eals, of Chapter 7, Buildin~ Regulations; and amending 35 subsection (d) of §36.1-327, Historic district regulations; certificate of appropriateness, and subsection (f) of §36.1-345, District requlations; certificate of appropriateness, of Chapter 36.1, Zonin_cl_, of the Code of the City of Roanoke (1979), as amended, to provide for code officials responsible for inspections under, and enforcement and administration of, the property maintenance code and all other codes within the building code, and the delegation of authority of those officials; and dispensing with the second reading of the title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35368-052101. The motion was seconded by Mr. Carder. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35368-052101 was adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) Without obJection by Council, the Mayor declared the public hearing closed. CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 21, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke on a proposed amendment of Division 5, Special District Regulations, of Article III, District Regulations, by the addition of a new subdivision entitled Subdivision H, INPUD, Institutional Planned United Development District; and amending Section 36.1-562, Standards, of Division 12, Group Care Facilities, of Article IV, Supplementary Regulations, of Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for a new institutional planned unit development district, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 4, 2001 and Friday, May 11, 2001. (See publisher's affidavit on file in the City Clerk's Office.) 36 A report of the City Planning Commission advising that Roanoke's Zoning Ordinance currently provides for two Planned Unit Development (PUDs) Districts: RPUD, Residential Planned Unit Development District, and IPUD, Industrial Planned Unit Development District (IPUD); the RPUD district provides for mixed residential and commercial uses; and the IPUD district provides for mixed industrial and commercial uses. It was further advised that the INPUD, Institutional Planned Unit Development District, is proposed to address the gap between these districts by providing for institutional uses, mixed commercial uses, residential, and industrial uses in accordance with an adopted institutional development plan; and, in addition to the amendment establishing the INPUD District, an additional amendment to the Group Care Facility section of the Zoning Ordinance is proposed in order to include standards for group care facilities in an INPUD district. It was explained that on December 18, 2000, Council referred the matter back to the City Planning Commission for further study due to questions regarding development plan requirements and provisions for group care facilities; and the following changes are proposed: Residential uses are allowed as a permitted use. Group care facilities are included as a permitted use in the INPUD district. Standards for these facilities are set forth in Section 36.1-560 et seq of the Zoning Ordinance. (Note that there is no 1,500 foot distance requirement between facilities because the location of proposed facilities must be approved at the time the INPUD is reviewed, or later by the Planning Commission.) Underground utilities are not a requirement. Application requirements have been revised to provide that if a building location or use is not known at the time of application, the future development of the location must be approved by the Planning Commission. The City Planning Commission recommended that Council approve the proposed INPUD District regulations. (For full text, see report on file in the City Clerk's Office.) 37 Mr. Harris offered the following ordinance and dispensing with the second reading of the title paragraph: (#35369-052101) AN ORDINANCE amending Division 5, Special District Requlations, of Article III, District Re.qulations, by the addition of a new subdivision entitled Subdivision H, INPUD, Institutional Planned Unit Development District; and amending of §36.1-562, Standards., of Division 12, Group Care Facilities, of Article IV, Supplementary Regulations, of Chapter 36.1, Zoninq. of the Code of the City of Roanoke (1979), as amended, to provide for a new institutional planned unit development district; and dispensing with the second reading of the title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35369-052101. The motion was seconded by Mr. Carder. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35369-052101 was adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ....................................................................................... -0. (Council Member Hudson was absent.) Without objection by Council, the Mayor advised that the public hearing would be closed. HEALTH DEPARTMENT-CITY PROPERTY-LEASES: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 21, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposed lease of City-owned property located at 515 and 530 Eighth Street, S. W., Official Tax Nos. 1113111 and 1113210, to the Commonwealth of Virginia, Department of Health, for a period of three years, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, May 13, 2001. 38 (See publisher's affidavit on file in the City Clerk's Office.) A communication from the City Manager transmitting a measure authorizing the lease was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following ordinance and dispensing with the second reading of the title paragraph: (#35370-052101) AN ORDINANCE authorizing the lease of certain City-owned property to the Commonwealth of Virginia, Department of Health, upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35370-052101. The motion was seconded by Mr. Bestpitch. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35370-052101 was adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) Without objection by Council, the Mayor declared the public hearing closed. The Mayor relinquished the chair to the Vice-Mayor. SIGNS/BILLBOARDS/AWNINGS-SPECIAL PERMITS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 21, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen input on a proposed encroachment of an overhead projection sign extending at least 11 feet above the sidewalk and approximately 18 inches into the public right-of-way adjacent to property located at 110 Church Avenue, S. W., Official Tax No. 1012211, the matter was before the body. 39 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 4, 2001 and Friday, May 11, 2001. (See publisher's affidavit on file in the City Clerk's Office.) A communication from the City Manager advising that Burton Electric Signs, on behalf of First Citizens Bank, has requested permission to install a projection sign on the building at 110 Church Avenue, S. W., which will encroach into the public right-of-way; the proposed sign will encroach approximately 18 inches into the right- of-way of Church Avenue and have 11 feet of clearance above the sidewalk; the right-of-way of Church Avenue at this location is approximately 50 feet in width; and liability insurance and indemnification of the City by the property owner will be provided by the property owner, was before Council. The City Manager recommended that she be authorized to execute the appropriate document granting a revocable license to the property owners at 110 Church Avenue, S. W., for the above described purpose. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following ordinance and dispensing with the second reading of the title paragraph: (#35371-052101) AN ORDINANCE granting a revocable license to permit the construction and encroachment of an overhead projection sign extending at least eleven (11 ) feet above the sidewalk and approximately eighteen (18) inches into the public right-of-way adjacent to the property located at 110 Church Avenue, S. W., and bearing Official Tax No. 1012211, upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35371-052101. The motion was seconded by Mr. Bestpitch. The Vice-Mayor inquired if thers were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35371- 052101 was adopted by the following vote: 40 AYES: Council Members White, Wyatt, Bestpitch, Carder, and Harris ............ 5. NAYS: None ........................................................................................ 0. (Mayor Smith abstained from voting.) (Council Member Hudson was absent.) Without objection by Council, the Vice-Mayor declared the public hearing closed. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: ARMORY/STADIUM-ROANOKE CIVIC CENTER: Mr. Jim Fields, 17 Ridge Crest Road, Hardy, Virginia, inquired as to the fate of Victory Stadium in view of Council's previous motion to negotiate for acquisition of property across Orange Avenue from the Roanoke Civic Center for construction of a multi-purpose facility. He requested that Victory Stadium, at its current location, continue to be used by the City. COMPLAINTS-CITY EMPLOYEES: Mr. Robert Gravely, 1412 Moorman Road, N. W., addressed Council with regard to increased wages for the City work force. At 8:00 p.m., the Mayor declared the meeting in recess for two closed sessions which were previously authorized by Council. At 8:50 p.m., the meeting reconvened in the City Council Chamber, with all Members of the Council in attendance except Council Member Hudson, Mayor Smith presiding. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Hudson was absent.) 41 There being no further business, the Mayor declared the meeting adjourned at 8:52 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 42 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 June 5,2001 File#15-110-429 STEPHANIE M. MOON Deputy City Clerk Mr. Robert E. Tonkinson, Jr. 1830 Belleville Road, S. W. Roanoke, Virginia 24015-2708 Dear Mr. Tonkinson: Your communication tendering your resignation as a member of the Board of Trustees, City of Roanoke Pension Plan, effective June 30, 2001, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. On motion, duly seconded, and adopted, the communication was received and filed and your resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Board of Trustees, City of Roanoke Pension Plan, from July 12, 1993 to June 30, 2001. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: James D. Grisso, Secretary, Board of Trustees, City of Roanoke Pension Plan Stephanie M. Moon, Deputy City Clerk N:\CKM H 1 ~Agcnda.01 t. lune 4, 2001 correspondence.wpd 1830 Belleville Road Roanoke, Virginia 24015-2708 Work: 540-224-5135 Home: 540-343-8992 '0~ .Rtonkinson~earilion. eom May 18, 2001 Mary F. Parker, CMC City Clerk 215 Church Avenue Roanoke, Virginia 24011 Dear Ms. Parker: My term as a member of the Roanoke City Pension Plan Board expires on June 30, 2001. I have appreciated the opportunity to serve the City of Roanoke in this capacity and have enjoyed my association with the other members of the board. However, due to changing work responsibilities, I have decided to respectfully request not to be appointed to another term. I will be happy .to assist in any way I can in the search for another qualified citizen to serve in this capacity. Sincerely, Robe~ E. Tonkinson, Jr. ~ CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5, 2001 File #69-169 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your communication recommending that a public hearing be advertised for Monday, June 18, 2001, at 7:00 p.m., in connection with a request of the Blue Ridge Small Business Development Center for tax exempt status, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. On motion, duly seconded and adopted, Council concurred in the request. Sincerely, MFP:sm pc: Mary F. Parker, CMC City Clerk Lisa C. Ison, President, The New Century Venture Center, 1354 Eighth Street, S. W., Roanoke, Virginia 24015 The Honorable Sherman Holland, Commissioner of the Revenue James D. Grisso, Director of Finance Willard N. Claytor, Director, Real Estate Valuation Elizabeth A. Neu, Director, Economic Development N:\CKMHl~Agenda. Ol~June 4, 2001 correspondenc.wpd '~ June 4,2001 ,Office of the City Manager 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: Tax Exemption Public Hearing The Blue Ridge Small Business Development Center, Inc., owner of the properties known as tax map numbers 1130809, 1130719, 1130511, 1130512, 1130514, 1130515, and 1130516, has submitted an application for tax exemption. This land currently is home to the New Century Venture Center, an incubator for small companies. Prior to considering their application, the state code requires a public hearing. Therefore, I am requesting permission to advertise in the Roanoke Times on June 10, 2001, a public hearing to be held on June 18, 2001, to consider the application. Respectfully submitted, Darlene L. Burch~'n City Manager DLB:Ib C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Will Claytor, Director of Real Estate Evaluation Sherman Holland, Commissioner of the Revenue Lisa Ison, Director of the NCVC Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va,us CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 26, 2001 File #79-319 Stephanie M. Moon Dep.uty City Clerk Dadene L. Burcham City Manager Roanoke, Virginia William M. Hackworth City Attorney Roanoke, Virginia Dear Ms. Burcham and Mr, Hackworth: I am attaching, copy. of a petition from the New Century Venture Center requesting exemption from taxation of real property located at 1354 Eighth Street, S. W., in the City of Roanoke, pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended, which petition was before the COuncil of the. City of Roanoke at a regular meeting on Tuesday, February 20, 2001~.,,, . ',, -,: On motion, duly seconded and unanimously adopted, the petition was referred to you for study, report and .recommendation to Council,. Sincerely, Mary F. Parker, CMC City Clerk. pc: Lisa C. Ison, Presiderfl~ The New Century Venture Centor, 1354 Eighth Street, S. W., Roanoke, Virginia 24015 James D: Gdsso, Dir~to~ of Finance Sherman A. Holland, Commissioner of the Revenue- Willard N; Claytor, Dir~-~tor, Real Estate Valuation H:~'gendaa 2001\Conx, sl). February 20, 2001 February 23, 2001 Ms. Mary F. Parker, City Clerk City 9f 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 mount equal to 20% of the real estate tax levy which would other~vise be owing. This letter is confirmation that we agree to pay this amount should the exemption be approved. Mr. Hackworthalsorequested vefificmion oftaxparcelnumbers. Theyareas follows: l130511,1130512,1130514,1130515,1130516,1130719,1130809, and 1130814. Sincerely, President 1354 Eighth Street, SIY/* Roanoke, VA 24015 * Phone: (540) 344-6402 * Fax: (540) 345-0262 * e-maiL' lison@rev, net February 7, 2001 Ms Mary F. Parker, City Clerk City of Roanoke 215 church Avenue, SW, Room 456 Roanoke, VA 24011-1536 Dear Ms Parker: Enclosed is a petition from the Blue Ridge Small Business Development Center, Inc. (dba: The New Century Venture Center) requesting tax-exempt stares from the General Assembly of Virginia on real property located in the City of Roanoke. I would appreciate your placing this item on City Council's agenda for review and referral. Please feel free to contact me if you have questions or need further information. Sincerely, ~C. ~son, President enclosure 1354 Eighth Street, SW * Roanoke, VA 24015 * Phone: (540) 344-6402 * Fax: (540) 345-0262 * e-maik lison@rev, net VIRGINIA IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6 (a) (6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE 1. Your Petitioner, Blue Ridge Small Business Development Center, Inc. (d.b.a.'. The New Century Venture Center), a Virginia non-stock, not-for profit corporation, is the owner of certain real properties located at 1354 Eighth Street, SW, in the City of Roanoke, Virginia, which property is more particularly described on Exhibit A attached hereto. 2. Your Petitioner desires to be an organization designated by a section within Article 4, Chapter 36 of Title 58.1 of the Code of Virginia, 1950, as amended, in order that the referenced rfial property and the personal property housed on such real property and used exclusively for the development and growth of young and start-up companies, be exempt from taxation under the provisions of Article X, Section 6 (a) (6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which your Petitioner is classified. 3. Your Petitioner respectfully requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of §30-19.04.B of the Code of Virginia, 1950, as amended, after holding a public hearing with respect thereto where citizens shall have an opportunity to be heard in order that legislation involving the designation of property to be exempted from taxation pursuant to Axtide X, Section 6 (a) (6) of the Constitution of Virginia may be presented to the General Assembly of Virginia. In compliance with 30-19.04.B the following questions are submitted for consideration: 1. Whether the organization is exempt from taxation pursuant to 501 (c) of the Internal Revenue Code. A. Your Petitioner is exempt from taxation pursuant to 501 (c) .of the Internal Revenue Code. A copy of the exemption determination letter from the Internal Revenue Service is attached as Exhibit B. 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for such use on the property. A. No annual alcoholic beverage license has been or will be requested or issued for use on the referenced property. 3. Whether any director or officer of the organization has been paid compensation in excess of reasonable allowances for salaries or other compensation for personal services which such director or officer actually renders. A. No officers or directors of your Petitioner are paid compensation in excess of reasonable allowances for salaries or other compensation for personal services actually o o rendered. The President of the organization (who serves as Executive Director) and Administrative Assistant receive compensation. No other Officers or Board of Directors are compensated for services rendered to the organization. Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the services provided by such organization is generated by funds received by donations, contributions or local, state or federal grants. As used in this subsection donation shall include the providing of personal services or the contribution of {n kind or other material services. No part of the net earnings of your Petitioner inures to the benefit on any individual. Initial start-up funding for Your Petitioner was generated by State and Federal grants and donations of goods and services from local businesses. Your Petitioner currently provides services primarily through rental and program income. Based upon need, Your Petitioner may apply for special projects funding through local, state, federal, and private foundation grant opportunities. Whether the organization provides services for the common good of the pub. lic. A. Your Petitioner provides services for the common good of the public in as much as it provides the following services to young and start-up companies: 1. Flexible office spaces with affordable lease rates 2. Value added services such as shared receptionist, office equipment, conference room/training facilities, and AV equipment 3. Business mentoring through volunteer business and community leaders 4. Business resource library 5. Internship opportunities for area high school and college students. 6. BizPrep program for economically disadvantaged inner city residents 7. Networking opportunities with other small businesses Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. A. Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. No rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. A. No rule, regulation, policy or practice of your Petitioner discriminates on the basis or religious conviction, race, color, sex or national origin. The revenue impact to the locality and its taxpayers of exempting the property. A. No significant impact is anticipated as a result of the exemption. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. ho Your Petitioner is a locally organized business incubator which brings together fledgling businesses with the resources of the local community, its businesses and leaders, to alleviate some of the issues facing young and start-up companies in the critical early stages of development. Volunteer community members and leaders make up the board of directors and the tenant advisory teams. National statistics show that 80% of small businesses fail in the first five years; however, 87% graduates of incubators are still in operation after five years. ~VHEREFORE, your Petitioner, the Blue Ridge Small Business Development Center, Inc., respectfully requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to 30- 19.04 of the Code of Virginia, 1950, as amended, stating the provisions of subsection B of that Code section has been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6 (a) (6) of the Constitution of Virginia at a public hearing at which citizens have had an opportunity to be heard and (2) that a recommendation be made to the General Assembly of Virginia that the real and personal property of your Petitioner be designated by a section within Artide 4, Chapter 36 of Title 58.1 of the Code of Virginia, 1950, as amended, exempting the real and personal property of your Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing programs to assist young and start-up businesses. Respectfully Submitted, BLUE RIDGE SMAI.I. BUSINESS CENTER, INC. DEVELOPMENT ~. 34~ AC INTERNAL REVENUE SERV[C£ DISTRICT DIRECTOR 3! HOPK[N~ PL~Z~ BALT~RORE, fl~ MAY 1 7 ~& OEVELOPNEN? CENTER ~O~N0~E, VA 74011-~703 D[P~RTflENT OF THE TR£~SURY Employer ~dentif~c~t~o~ Number: t~.~mbert 526:~00~8 EP/EO CUaT0~E~ aERVTCF UN]T Letter ~ated: June 6, 399~ Yes Thif modifies Our letter o~ the above date in ~hich we ~eJte~ that yOU ~ou[O be treated as an orqaniratiO~ that ts not a private foundation until e%ptratto~ of your ddvance rut(ne pertoe. - Ynur exempt statu~ under S~Ctinn 50Z(a) of the internal ~evenue Co~e a~ an orqanizat~on de~cc~be~ tn ~ection 50t(c)(3) is alii) tn effect, aased on the information you submitted, we h,~ve determined that you are not .~ private foundation ~gthXn the eeanin~ Of ~ection 509(a) Of the Code her~u~e you ~¢e o~qani[atton of the ty~e described (n ~ectgo~ $09(a)(t) an~ t70(h)(t)(A)(vi). Gr.)ntors and contributo¢~ amy re[y o~ thit ~ete~minatfOn unEe~ !h~ [ntern~! Revenue Service p~bt(~hes notice tO the ¢ohtrary, Homever, if you tome yOUr ~ection 509(a)(t) status, a qrantor or contribu(or m~r not rely on the act or failure to act, or the subit~nt(a[ or malaria! change on the part of the orqaniZatiOn that resulteO tn your [OaS Of ~uch statua? nr if he nr she acquired k,owted~e that the [~terna! Revenue Service ham qiven notice that you wout~ no [onqer be c[asaified as a section 509(a)tt) orqanization. Becauae th~s Letter ~Outd he~p resolve 3ny que~tton~ about your private foundation alarum, please keep tt in your permanent If you hav~ afly questions, please contact the per,on uho~e name and telephone number are s~oun SincereLy yours, O~str~¢t Director Letter 1050 FEB-13-2E~i 12:1;~6 5483458262 92F/. P.O1 -2- Guideline~ under mhiC~ private foundations may rely on this aetermin~ion, for gi~l~, q~ants, and contributions made af~e~ March I~. 1989, were liberalized and published in Rev. Proc. 89-Z~o Cumulative Bulletin 1989-1, p~qe 8e~. You are ~eeuired to make available for public inspection ~ cooy a? your exeeotion appliCatiOn, an~ supporting documents, end thio e~em~tion letter. [f you 4re reeuired to ft[e a~ annual information return, you are also req~lire~ [o make a cooy of the return available for public inspection for three years after the return i~ due. Failure to make these ~oc~ment~ available for public inspection may ~u~ject you to a penalty of $10 per day for each day there i~ a failure to comply (up to a ma[~mum of $$~000 in the case of an a~m,)lL return). See Internal Revenue Service Notice 88-120, 1988-~ C.g. qSq, for ad¢itional information. This letter ~upersedes our letter ~ated aori[ 29, 1996 reflecting a tfpo~raphical error in the name. FEB-15-2~I Letter t050 (DO/CG) P. 02 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 lelephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us June 5, 2001 File #15-110-247 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk John H. Parrott, Chair Hotel Roanoke Conference Center Commission P. O. Box 1628 Roanoke, Virginia 24008 Dear Mr. Parrott: This is to advise you that Minnis E. Ridenhour has qualified as a Commissioner of the Hotel Roanoke Conference Center Commission for a term ending February 24, 2005. Sincerely, MFP:sm pc: Mary F. Parker, CMC City Clerk Dr. Raymond D. Smoot, Secretary, Hotel Roanoke Conference Center Commission, Virginia Tech, 312 Burruss Hall, Blacksburg, Virginia 24061 Deborah S. Moses, Executive Director, Hotel Roanoke Conference Center Stephanie M. Moon, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: / - . y Subscribed and sworn to before/~r~e this/"Z~-~day of ~',.-- I, Minnis E. Ridenour, 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 Commissioner of the Hotel ROanoke Conference Center Commission for a term ending February 24, 2005, according to the best of my ability. I swear or affirm. 2001. ARTHUR B. CR]J,,,gI~III, CLERK , DEPUTY CLERK N:~cksm l~Agenda. Ol~oath.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us June 5,2001 File #5-178-472 S£EPHANIE M. MOON Deputy City Clerk John P. Baker Executive Director City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. Baker: I am enclosing copy of Resolution No. 35375-060401 authorizing acceptance of and expressing appreciation for the monetary donation from the City of Roanoke Redevelopment and Housing Authority of $20,000.00 to fund the implementation of a Trespassing Tracking System as more fully described in a communication from the City Manager dated February 20, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm Enclosure pc: Mary F. Parker, CMC City Clerk Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police George C. Snead, Jr., Assistant City Manager for Operations Joseph D. Slone, Director, Department of Technology Barry L. Key, Director, Management and Budget N:XCK.MHIXAgenda.01XJunc 4, 200l correspondcnc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June; 2001. No. 35375-060401. A RESOLUTION authorizing the acceptance of and expressing appreciation for the monetary donation from the City of Roanoke Redevelopment and Housing Authority. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the City of Roanoke Redevelopment and Housing Authority a monetary donation in the amount of $20,000 to fund the implementation of the Trespassing Tracking System more particularly described in the letter of the City Manager, dated February 20, 2001. 2. This Council expresses its appreciation to the Housing Authority for the donation. 3. The City Clerk is directed to forward an attested copy of this resolution to Mr. John P. Baker, Executive Director, City of Roanoke Redevelopment and Housing Authority. ATTEST: City Clerk. H:hMI~AS UR~SXr-trcsp~s grant CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5, 2001 File #60-5-178-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35374-060401 'amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of $20,000.00 from the Roanoke Redevelopment and Housing Authority for implementation of a Trespassing Tracking System. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm Attachment pc: Mary F. Parker, CMC City Clerk Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police George C. Snead, Jr., Assistant City Manager for Operations Joseph D. Slone, Director, Department of Technology Barry L. Key, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35374-060401. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant 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 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_oDropriations, Public Safety Trespassing Tracking System (1) ............................. $ 2,372,701 20,000 Revenues Public Safety Trespassing Tracking System (2) ............................. $ 2,372,701 20,000 1) Expendable Equipment <$5,000 2) Donation from Roanoke Redevelopment and Housing Authority (035-640-3331-2035) (035-640-3331-3331) $ 20,000 20,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the Ci~ Manager 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: Trespassing Tracking System Background: When the Police Department instituted the Community Oriented Police Effort (C.O.P.E.) in 1991, the Department began investigating what was creating the high number of calls and crime in Housing Authority residences. The Department determined that the residents feared those individuals who did not live in the complexes who were creating crime and disorder. These trespassers, not the residents, were committing the majority of offenses. With the aid of the Police Department, the Housing Authority started barring these individuals from the properties that they controlled but with only limited success toward controlling the problem. In 2000 the Barment Program was developed which gave Officers the authority to bar individuals who were observed committing criminal offenses on Housing Authority properties and enforce trespassing laws for those individuals who had been previously barred. Similar programs have been developed in Richmond, Norfolk, Alexandria and Newport News with great success in the reduction of crime and calls for service. The Roanoke Police Department, using innovative technology, has developed a "Trespassing Tracking System" which would provide police officers immediate access to photographs of barred individuals along with comprehensive personal data of each barred person. Typically, trespassers on Housing Authority properties carry no identification, which makes identification, by Officers, of individuals who have been barred difficult. Without immediate positive identification, the officer is unable to enforce trespassing laws and, therefore, is unable to effectively carry out the barment program in an effort to reduce crime and fear. Using this system, the Officers would have access, via a laptop 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 June 4, 2001 Page #2 computer, to a database that would include all pertinent information on the barred subject along with a picture for identification purposes. The goal of the program is to enhance the quality of life for residents living on Roanoke Redevelopment and Housing Authority properties and increase the safety of these areas by removing those individuals who are the source of criminal activity and many times prey upon the residents who live in these communities. Considerations: Implementation of this program will require the purchase of laptop computers, digital cameras, and software to build the database of barred persons. Funding for the Trespassing Tracking System is not available within the Police Department's FY adopted budget. The Roanoke Redevelopment and Housing Authority would like to grant $20,000 to the Roanoke Police Department to fund the implementation of the Trespassing Tracking System. Recommended Action: Accept and appropriate the $20,000 grant from Roanoke Redevelopment and Housing Authority into accounts to be established by the Director of Finance in the Grant Fund for expendable equipment. Establish a revenue estimate of the same in the Grant Fund. DLB:jr C; Respectfully submitted, Darlene L. Burchal:d City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Rolanda Johnson, Assistant City Manager for Community Development A. L. Gaskins, Police Chief John Baker, Roanoke Redevelopment and Housing Authority Earl Saunders, Roanoke Redevelopment and Housing Authority Joe Slone, Director of Technology COUNCIL LETTER #CM01-00084 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 June 5,2001 File #68-223-229 STEPHANIE M. MOON Deputy City Clerk David Goode, Chairman Norfolk Southern Railway Co. Kathryn McQuade Shenandoah-Virginia Corp. Three Commercial Place Norfolk, Virginia 23510 Vickie Bibee, President Virginia Museum of Transportati.on 303 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Goode and Ladies: I am enclosing copy of Resolution No. 35376-060401 authorizing the City Manager to execute an Agreement and any other necessary documents, to accept the donation of the 1218 Locomotive from Shenandoah-Virginia Corporation, a wholly owned subsidiary of Norfolk Southern Railway Company; and expressing the appreciation of the Members of Roanoke City Council to Shenandoah-Virginia Corporation and Norfolk Southern Railway Company, for their willingness to donate the 1218 Locomotive and to the Virginia Museum of Transportation for its agreement to facilitate the donation by displaying and maintaining the locomotive. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Dadene L. Burcham, City Manager James D. Grisso, Director of Finance l-l.:'~genda.01X, lune 4, 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.manoke.va.us June 5,2001 File #68-223-229 STEPHANIE M. MOON Deputy City Clerk David Goode, Chairman Norfolk Southern Railway Co. Kathryn McQuade Shenandoah-Virginia Corp. Three Commercial Place Norfolk, Virginia 23510 Vickie Bibee, President Virginia Museum of Transportation 303 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Goode and Ladies: I am enclosing copy of Resolution No. 35376-060401 authorizing the City Manager to execute an Agreement and any other necessary documents, to accept the donation of the 1218 Locomotive from Shenandoah-Virginia Corporation, a wholly owned subsidiary of Norfolk Southern Railway Company; and expressing the appreciation of the Members of Roanoke City Council to Shenandoah-Virginia Corporation and Norfolk Southern Railway Company, for their willingness to donate the 1218 Locomotive and to the Virginia Museum of Transportation for its agreement to facilitate the donation by displaying and maintaining the locomotive. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc~ Darlene L. Burcham, City Manager James D. Grisso, Director of Finance H:X~Agtmda.01 x June 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35376-060401. A RESOLUTION authorizing the City Manager to execute an Agreement, and any other necessary documents, for acceptance of the donation of the 1218 Locomotive from the Shenandoah-Virginia Corporation, a wholly owned subsidiary of Norfolk Southern Railway Company, and expressing appreciation for the donation. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an Agreement and any other necessary documents, approved as to form by the City Attorney, to accept the donation of the 1218 Locomotive from Shenandoah-Virginia Corporation. 2. This Council expresses its appreciation to Shenandoah-Virginia Corporation and Norfolk Southern Railway Company for their willingness to donate the 1218 Locomotive and to the Virginia Museum of Transportation for its agreement to facilitate the donation by displaying and maintaining the 1218 Locomotive. 3. The City Clerk is directed to forward an attested copy of this resolution to Shenandoah-Virginia Corporation, Norfolk Southern Railway Company and the Virginia Museum of Transportation. ATTEST: City Clerk Office of the City Manager June 4,2001 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: Donation of 1218 Steam Locomotive Shenandoah-Virginia Corporation, a wholly owned subsidiary of Norfolk Southern Railway Company, would like to donate the Number 1218 Steam Locomotive to the City of Roanoke. With Council's acceptance of this gift, the locomotive will be showcased at the Virginia Museum of Transportation's railyard according to the provisions outlined by Shenandoah-Virginia Corporation in the draft agreement attached hereto. The Museum has agreed to insure the locomotive and maintain it as a part of the Museum's collection. As you will see from the attached letter from the Museum, the 1218 holds many memories to the citizens of Roanoke as it was built in the Roanoke shops of Norfolk Southern and pulled many steam excursion trains between the years of 1936 and 1958. The Museum will place this locomotive beside the 611 locomotive already owned by the City and showcased at the Museum. The donation of the 1218 will not take effect until Center in the Square successfully obtains exclusive rights from O. Winston Link's Estate to house the O. Winston Link Museum at the former Norfolk and Western Railway Company passenger station, and Center in the Square satisfies Shenandoah-Virginia Corporation that locating the 1218 Locomotive at the Virginia Museum of Transportation meets any and all of the Estate's conditions for obtaining such rights. Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-~138 CityWeb:www, ci,roanoke,va,us Honorable Mayor and Members of Council June 4, 2001 Page 2 Recommended Action: Authorize the City Manager to execute an agreement, and any other necessary documents, in a form approved by the City Attorney to accept the donation of the 1218 locomotive from Shenandoah-Virginia Corporation to be showcased at the Virginia Museum of Transportation and express appreciation for the donation. Respectfully submitted, City Manager DLB:ca Attachments C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance #CM01-00113 DRAFT Dear Sir or Madam: In connection with the proposal of the Western Virginia Foundation for the Arts and Sciences, operating as Center in the Square ("Center"), to house the O. Winston Link Museum in its facility at the former Norfolk and Western Railway Company passenger station in Roanoke, Virginia, the City of Roanoke (the "City") has requested that Shenandoah-Virginia Corporation ("Shenandoah") donate the former Norfolk and Western Railway Company Number 1218 Steam Locomotive ("1218 Locomotive") to the City for display at the Virginia Museum of Transportation ("VMT"). Shenandoah is willing to donate the 1218 Locomotive subject to the following terms and conditions: FIRST, that Shenandoah will not effect the donation until Center in the Square successfully obtains exclusive rights from O. Winston Link's estate (the "Estate") to house the O. Winston Link Museum at the former Norfolk and Western Railway Company passenger station, and Center satisfies Shenandoah that locating the 1218 Locomotive at the VMT meets any and all of the Estate's conditions for obtaining such rights. SECOND, that the 1218 Locomotive will be displayed at the VMT for so long as the 1218 Locomotive is owned by the City. THIRD, that Shenandoah or its parent, Norfolk Southern Railway Company ("Norfolk Southern") will arrange for delivery of the 1218 Locomotive to the VMT at no expense to the City. FOURTH, that prior to delivery of the 1218 Locomotive to the VMT, at a mutually agreeable date and time, Shenandoah and Norfolk Southern will allow authorized representatives of the Virginia Museum of Transportation, Inc., to gain access to the 1218 Locomotive at its current location at the "Old Paint Shop" located at the East End Shops in Roanoke, VA, in order to prepare it for delivery to the VMT, provided that Virginia Museum of Transportation, Inc. and each such representative executes Norfolk Southern's standard right-of-entry agreement prior to entering upon Norfolk Southern's property. FIFTH, that the City will not sell, transfer, or convey its rights to the 1218 Locomotive for a period of ten (10) years following the date of donation thereof, or for so long as the O. Winston Link Museum shall be housed at the former Norfolk and Western Railway Company passenger station, whichever period shall be longer, without obtaining the prior written consent of Shenandoah. Please indicate your agreement to the donation of the 1218 Locomotive to the City upon the foregoing terms and conditions by executing and returning either the original or the attached copy of this letter. Very truly yours, Agreed to and Accepted City of Roanoke Kathryn B. McQuade By:, D~te: Darlene Burcham, City Manager Room 364, Municipal Building 215 Church Ave. Roanoke, VA 24011-1584 May 17, 2001 Dear Darlene: The Board of Directors of the Virginia Museum of Transportation, Inc. appreciates the opportunity to work with you and the City of Roanoke regarding the 1218 steam locomotive. The Virginia Museum of Transportation, Inc. will exhibit the 1218 locomotive in our railyard according to the provisions outlined by the Norfolk Southern Corporation in making this gi~ to the City. The Museum will insure the locomotive and maintain it as a part of the Museum's collection. The Virginia Museum of Transportation is looking forward to working with the City to exhibit this national treasure. The 1218 steam locomotive is the last of the dual- purpose, articulated locomotives whose passing will be forever remembered by all who ever encountered them anywhere from Norfolk, VA to Cincinnati/Columbus, Ohio between the years of 1936 and 1958. Built in the Roanoke shops, the recent memory by our citiZens of being pulled behind this engine during steam excursion service provides overwhelming citizen support for keeping the 1218 in its hometown. Since a key component of the Museum's operations is its Education Program, showcasing the 1218 beside the 611 (a famous steam passenger locomotive owned by the City already in our collection) will give our visitors a sense of the grandeur, significance, and power of the Norfolk & Western fleet. As always, Darlene, we are grateful for the constant support of the City of Roanoke for the Virginia Museum of Transportation, Inc. and our region's rich transportation heritage. With kindest regards, Vickie Bibee President .333 ~dk Avenue. Roanoke, VA 24016 - 540.342.5670 - 540.342.6:ELq8 flax - www.vmt.org 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: ($40) 853-254 I Fax: (540) 853-1145 E-mail: clerk~cLroanoke.va.us March 21,2003 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Katherine F. Strickland, Executive Director Virginia Museum of Transportation, Inc. 303 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Strickland and Mr. Clinginpeel: Lloyd R. Clinginpeel Norfolk Southern Corp. 110 Franklin Road, S. E. Roanoke, Virginia 24042-0059 I am enclosing copy of the revised release between the City of Roanoke and Norfolk and Southern Corp., in connection with performing restoration work on the 1218 Steam Locomotive. Mary F. Parker, CMC City Clerk Enclosure MFP:mh pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Glenn A. Asher, Risk Management Officer Gwin E. Ellis, Assistant to the City Manager N:\CKMH1~MFP\1218 Steam I-ocomotive. Release.wpd RELEASE The City of Roanoke, a municipal corporation of the Commonwealth of Virginia, (,,City) hereby affi, rms that as an accommodation to C~ty, Norfolk Southern Railway Company ( Norfolk Southern ') has agreed, at its own expense, to relocate that certain Number 1218 Steam Locomotive (the "1218"), which is owned by the City subject to the terms of a donation by Shenandoah-Virginia Corporation, from its current location at a Norfolk Southern facility known as the "Old Paint Shop" to a different Norfolk Southern facility known as the "Paint Shop Complex." The relocation will be performed using equipment and employees of Norfolk Southern. The City understands that in the course of relocating the 1218, there is a risk that thel218 will be damaged or destroyed. In consideration of receiving from Norfolk Southern the services described herein, the City hereby assumes all risks in connection with the relocation of the 1218, and releases and fully discharges Norfolk Southern from any and all claims or actions for damages for property loss or damage, arising from or connected in any way with the relocation of the 1218. To the extent permitted by law, the City hereby agrees to indemnify and save Norfolk Southern wholly harmless from all costs, expenses, or liabilities resulting or arising from any such claim or action, or for any claims or actions for damages for personal injuries or death arising out of the relocation of the 1218. City understands and agrees that the term "Norfolk Southern" as used herein shall include its officers, agents and employees, and any parent, subsidiary or affiliate of Norfolk Southern Railway Company and their officers, agents and employees. City further understands and acknowledges that the terms herein are contractual and not a mere recital. IN WITNESS WHEREOF, the City has executed this affirmation and release at Roanoke, Virginia on lq. arch 21 ,2003. ATTEST: City Clerk CITY OF ROANOKE, VIRGINIA ger CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION OFFICE OF CITY ATTORNEY DATE: TO: FROM: RE: March 18, 2003 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney 1218 Locomotive Norfolk Southern has agreed to a much less onerous release from the City as a condition to its performing restoration work on the 1218. In its revised form, the release does not need the authorization of City Council. I have attached the revised form in duplicate originals for your signature. After you and Mrs. Parker have executed the release please forward one copy to Katherine Strickland.. Executive Director of the Transportation ~Museum (she sent you the release), and one to Lloyd Clinginpeel with Norfolk Southern, 110 Franklin Road, S. E., Roanoke, VA 24042-0059. WMH:f Attachment cc: Glenn A. Asher, Risk Management Officer Gwin Ellis, Assistant to the City Manager Mary F. Parker, City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5, 2001 File #35-60-236 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35377-060401 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of $28,568.00 and increasing the Grant Fund Revenue estimates in certain accounts by $25,801.00 and $2,767.00 respectively, in connection with the Federally Forfeited Property Sharing Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm Attachment pc: Mary F. Parker, CMC City Clerk Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget N:\CKMHlkAgenda.01XJune 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35377-060401. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant 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 2000-2001 Grant Fund Appropriations, amended and reordained to read as follows, in part: Appropriations be, and the same.are hereby, Public Safety Federal Asset Forfeiture (1) ................................. Revenues Public Safety Federal Asset Forfeiture (2-3) ............................... (035-640-3304-2035) (035-640-3304-3305) (035-640-3304-3306) $ 28,568 25,801 2,767 1) Expendable Equipment < $5,000 2) Federal Asset Forfeiture Proceeds 3) Interest $ 3,361,566 322,281 $ 3,361,566 322,281 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June 4,2001 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: Sharing Federally Forfeited Property Background: In 1986, Congress authorized the transfer of certain federally forfeited property to state and local law enforcement agencies that participated in the investigation and seizure of the property. Application for an equitable share of property seized by local law enforcement must be made to the U. S. Department of Justice and certified by the City Attorney. This property, including funds shared with state and local agencies, may be used .only for the purpose stated in the application, i.e., narcotics investigations related to law enforcement. Participation in federally forfeited property enhances the effectiveness of narcotics investigations by providing necessary investigations equipment, investigative funds, overtime expenses, and offsets the costs that would otherwise have to be borne by the city's taxpayers. The Police Department receives funds periodically from the federal government's asset sharing program. Grant requirements state that these funds be placed in an interest bearing account and the interest earned be used in accordance with program guidelines. Revenues totaling $28,568.00 have been collected and are available for appropriation in Grant Fund accounts 035-640-3304-3305 and 035-640-3304-3306. 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 June 4, 2001 Page 2 Recommended Action: Appropriate $28,568.00 to the Grant Fund account for Exp. Equipment (035-640-3304- 2035) and increase the Grant Fund revenue estimate for account 035-640-3304-3305 by $25,801.00 and account 035-640-3304-3306 by $2,767.00 Re~ff~lly submitted, 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 #CM01-00091 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5, 2001 File #60-246-369-450-42 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35378-060401 amending and reordaining certain sections of the 2000-2001 Capital Projects Fund Appropriations, providing for appropriation of $34,000.00, in connection with an agreement between the City, First Union National Bank and the Fifth District Employment and Training Consortium relating to jobs in Enterprise Zone One, said funds to be used for various repairs and improvements to the City Market building. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm Attachment pc: Mary F. Parker, CMC City Clerk Dadene L. Burcham, City Manager Elizabeth A. Neu, Director, Economic Development George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget N:\CKMHlkAgenda.01X. lune 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35378-060401. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital P~ojects 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 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation, and Cultural $ 8,217,661 Market Building Improvements (1) ............................. 34,000 Revenues First Union Penalty (2) ...................................... $ 34,000 Appropriated from Third Party First Union Penalty Payment (008-530-9767-9004) (008-530-9767-1168) $ 34,000 34,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June 4,2001 Honorable Ralph K. Smith, Mayor Honorable VVilliam H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William VVhite, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Fund Appropriation from First Union National Bank Background: The City of Roanoke, First Union and the Fifth District Employment and Training Consortium (FDETC) agreed if First Union would maintain 420 jobs in Enterprise Zone One, training funds would be available. The agreement states First Union is responsible for repaying $400.00 for each position below 420. An October 2000 compliance review noted only 335 First Union employees are now located in Enterprise Zone One. The City of Roanoke recently received a check from First Union in the amount of $34,000, representing repayment for 85 positions. Such funds need to be appropriated into an account within the City's budget. Considerations: The penalty repayment provides an opportunity to further maintain and stimulate economic activity within Enterprise Zone One. Currently, the Roanoke City Market Building (also located in Enterprise Zone One) is in need of various repairs and improvements. Such improvements will sustain business growth and expansion within the Market Building. 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 June 4, 2001 Page 2 Recommended Action: City Council appropriate the First Union repayment funds into an account to be established in the Capital Projects Fund by the Director of Finance designated for Market Building Improvements. Respectfully submitted, City Manager DLB:clw c: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Elizabeth A. Neu, Director of Economic Development #CM01-00095 Agreement for Services This agreement is made this 1~t day of June 2001, by and between the CITY OF ROANOKE, hereinafter referred to as "City" and ROSLYN KINGERY hereinafter referred to as "Staff'. The parties hereto agree as follows: SCOPE OF SERVICES - The Staff will provide the City and its designee (Fifth District Disability Services Board) with staff support as follows: f. g. h. i. Attend all DSB meetings (minimum of one meeting per quarter) and related activities Prepare, disseminate and maintain agendas, minutes and other correspondence Maintain and monitor the administrative budget Maintain official records for the DSBs Administer and monitor the RSIF grants and ensure that the impact reports are completed and sent within time frame specified Arrange sign language interpreters, CAN and/or CART services, and all other necessary accommodations, for DSB meetings and hearings. Ensure DSB compliance with the Code of Virginia and DSB Establishment Guidelines Provide ADA and disability information to DSB members, local elected officials and the public within the localities served by the local DSB Support DSB efforts to exchange information with other local boards regarding services and best practices in the delivery of services to persons with physical and sensory disabilities Other duties as directed by the local disability services board. TIME OF PERFORMANCE - the term of this agreement shall be for a two-year period beginning June 1, 2001 and concluding May 31, 2003. FEES AND PROPOSED PAYMENT SCHEDULE - the total compensation to Staff shall be $14,800 per 12-month period. Payment to the Staff shall be made monthly upon receipt of payroll documentation. TERMINATION - either the City or the consultant upon written notification thirty (30) days prior to termination may terminate this agreement. o REPORTING - The Staff will meet with the City's designee a minimum of twice a month and provide regular updates on the progress of the Boards work. INDEMNIFICATION - the Staff agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Staffs negligent acts or omissions with respect to the rights and privileges granted by the City to the Staff in this Agreement. 7. GOVERNING LAW - the Commonwealth of Virginia shall govern this Agreement. OWNERSHIP - All reports, paper, etc., developed and/or generated as a result of this proposals process are the property of the city of Roanoke. No duplication or dissemination of this material can be done without the expressed written permission of the Director of Human Services, or other authorized City official. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year here in above written: CITY OF ~OA~NOKE~;~ ~ By: ~r INDEPENDENT CONTRACTOR ' By: ""~-.~~ ~, Rosl'yn ~. I~ng~ry do APPROVED AS TO FORM: Assistant City Attorney APPROVED AS .1',O EXECUTION: /~ssistant City Attorney Appropriation and Funds Required for this Contract Certified II1'1ol Acct. # F'Y o~ o~- ~:~o- ~'~ CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5, 2001 File #60-207-450 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35379-060401 amending and reordaining certain sections of the 2000-2001 Capital Projects Fund Appropriations, providing for deappropration of $450,000.00 in State Industrial Access Funds, in connection with the Johnson and Johnson Offsite Improvements Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm Attachment pc: Mary F. Parker, CMC City Clerk Darlene L. Burcham, City Manager Elizabeth A. Neu, Director, Economic Development George C. Snead, Jr., Assistant City Manager for Operations Philip C. $chirmer, City Engineer Robert K. Bengtson, Director, Public Works Barry L. Key, Director, Management and Budget N:\CKMHl\Agenda.01',June 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35379-060401. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3~3roofiations Economic Development $ 21,090,355 Johnson and Johnson Offsite Improvements (1) ................. 1,602,000 Revenues Due from State (2) ........................................ $ 0 1) Appropriated from State Grant Funds 2) State Industrial Access Grant (008-002-9700-9007) (008-1251) $ (450,000) (450,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. June 4, 20(~1 Office of the City Manager 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: Industrial Access Funds De-appropriation Background: In 1999, Budget Ordinance 34214 appropriated $450,000 in state Industrial Access Funds to account number 008-002-9700-9007 for the Johnson & Johnson project. Since the appropriation, the city has been notified as to the ineligibility of this project for Industrial Access Funds. (See attached letter.) Therefore, the funds must be de-appropriated. These funds have neither been received by the City nor used on any project. Therefore, de- appropriation is the only required action and alternate funding is not needed. Recommended Action: De-appropriate fund in account 008-002-9700-9007, Johnson and Johnson Offsite Improvements, and reverse the account receivable in the same amount in account 008-1251, Industrial Access Due From State. DLB:Ib C: City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Elizabeth A. Neu, Director of Economic Development Philip C. Schirmer, City Engineer Barry L. Key, Director of Management & Budget Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 CityWeb:www. ci.roanoke.va.us (540) 853-2333 CM01-00103 FAX (540) 853-1138 . MAY-31-2001 0?:5? ECONOMIC DEVELOPMENT 540 853 1213 P.0~/82 CHARLES D. NOTTINGHAM COMMISSIONER COMMONWEALTH Of VIRGINIA DEPARTMENT OF TRANSPORTATION PO BOX 3071 SALEM, 24153-5127 JEFF ECNOLS RESIDENT ENGINEFA .Ianua~ 30, 2001 Mr. Bob Bengston Director of Public Works City of Roanoke 21:5 Church Ave SW Roanoke, VA 24011 Dear Mr. Bengston, Industrial Acccss City of Roanoke Project 9999-128-107, MS01 Jobn-.on & Jolmson Vision Products The City of Roanoke initiated eonsm~on of this project before completion of thc State Environmental Review process. S/ncc this has occurred, it has been determined that VDOT would not be in compliance with State Law if indusu/al access funds were used to re/mb~ the City for the eligible cost of items up to $325,000 as approved. Therefore, there will be no rehn~ent by VDOT for costs incun, ed for this project. To assist the City with the [nduslriai Access process, VDOT is available to meet with City staffto review the policies and procedures ofthis program. Should aw] ~ iafonns~n be needed, phrase ~vise. SAFJef CC: Mr. Fred Alfizer, Jr. Sincerely, I~qY-31-2~1 714 ~tfm Bloc Sr. TRANSPORTATION FOR TH; ~IST CENTURY TOTRL P. 02 P. 02 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 5, 2001 File #60-270-472 Stephanie M. Moon Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35380-060401 amending and reordaining certain sections of the 2000-2001 General and Capital Projects Funds Appropriations, providing for appropriation of $315,000.00 from the Capital Maintenance and Equipment Replacement Program for equipment purchases, maintenance and other one-time priority purchases. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm Attachment pc: Mary F. Parker, CMC City Clerk Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Philip C. $chirmer, City Engineer J. Greg Reed, Project Manager D. Darwin Roupe, Director, General Services Robert L. White, Manager, Purchasing Barry L. Key, Director, Management and Budget N:\CKMHl~genda.01~Iune 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35380-060401. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 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 2000-2001 General and Capital Projects Funds Appr(~pria~ions, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 66,853,691 Transfers to Other Funds (1) .................................. 67,390,565 Fund Balance Reserved for CMERP - City (2) ................................ $ 547,300 Capital Projects Fund Appropriations Streets and Bridges $ 26,477,466 Curb to Support Drainage Projects (3) .......................... 50,000 Sanitation $ 2,466,725 Miscellaneous Storm Drain Phase 2 (4) ......................... 155,000 NPDES Phase 2 (5) ........................................ 110,000 Revenues Nonoperating $ 5,133,818 Transfers from Other Funds (6) ............................... 5,133,818 1) Transfer to Capital Projects Fund 2) Reserved for CMERP - City 3) Appropriated from General Revenue 4) Appropriated from General Revenue 5) Appropriated from General Revenue 6) Transfer from General Fund (001-250-9310.9508) (001-3323) (008-530-9773-9003) ( 008- 530-9734-9003 ) (008- 530-9736-9003 ) (008-110-1234-1037) 315,000 (315,000) 50,000 155,000 110,000 315,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June 4, 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: Fund Appropriation from Capital Maintenance and Equipment Replacement Program On October 2, 2000, 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. City Council's approval is required for the appropriation of funds from CMERP to various accounts to allow for the acquisition of items listed on Attachment 1 of this letter. All acquisitions will be accomplished in accordance with the City's Procurement Policies, as set out in Chapter 23.1 of the Code of the City of Roanoke, Virginia. Recommended Action: City Council approve the budget ordinance to appropriate $315,000 to departmental accounts as follows: $110,000 to an account in the Capital Projects Fund to be established by the Director of Finance entitled "NPDES Phase 2". 2. $155,000 to Miscellaneous Storm Drain account number 008-530-9736. 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 June 4, 2001 Page 2 DLB/JGR/bls Attachment C: $50,000 to an account in the Capital Projects Fund to be established by the Director of Finance entitled "Curb to Support Drainage Projects". Darlene L. Burcham City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry L. Key, Director of Management and Budget Robert K. Bengtson, Director of Public Works D. Darwin Roupe, Director of General Services Robert L. White, Purchasing Manager #CM01-00100 Attachment I Capital Maintenance and Equipment Replacement Program (CMERP) Recommendation Expenditures - Justification En.qineerinq National Pollution Discharqe Elimination System (NPDES) Phase 2- $110,000 To prepare the required permit application and address funding for this new EPA law which the City must comply with beginning in 2003. Miscellaneous Storm Drain Projects- $155,000 To provide for the land acquisition, design and construction of the City's highest- priority, small storm drain projects. Curb and Gutter- $50,000 To provide curb and gutter required for the construction of certain storm drain projects. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5, 2001 File #60-63-184 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35381-060401 amending and reordaining certain sections of the 2000-2001 General Fund Appropriations, providing for the transfer of $1,102,328.00 to cover workers' compensation wage and medical claims in departmental workers' compensation accounts. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm Attachment pc: Mary F. Parker, CMC City Clerk Dadene L. Burcham, City Manager Kenneth S. Cronin, Director, Human Resources Glenn A. Asher, Risk Management Officer George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget N:\CKMHl~Agenda.01Uune 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35381-060401. AN ORDINANCE to amend and reordain certain sections of the 2000-01 General Fund Al~propriations, 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 2000-01 General Fund Appropriations, be, and the same are~ hereby, amended and reordained to read as follows, in part: Appropriations General Fund (1-51) ....................................... $ 190,550,356 1) Workers'Comp Wages (001-140-3310-1135) $ 6,433 2) Workers' Comp Wages (001-210-1220-1135) 971 3) Workers' Comp Wages (001-250-1232-1135) 12,006 4) Workers' Comp Wages (001-420-1261-1135) 182 5) Workers' Comp Wages (001-440-4220-1135) 508 6) Workers' Comp Wages (001-440-4330-1135) 10,642 7) Workers' Comp Wages (001-520-3213-1135) 125,167 8) Worker's Comp Wages (001-530-4110-1135) 2,052 9) Workers' Comp Wages (001-530-4210-1135) 20,192 10) Workers'Comp Wages (001-530-4211-1135) 2,730 11) Workers'Comp Wages (001-620-4340-1135) 38,160 12) Workers'Comp Wages 13) Workers' Comp Wages 14) Workers'Comp Wages 15) Workers' Comp Wages 16) Workers' Comp Wages 17) Workers'Comp Wages 18) Workers'Comp Wages 19) Workers'Comp Medical 20) Workers' Comp Medical 21). Workers' Comp Medical 22) Workers' Comp Medical 23) Workers' Comp Medical 24) Workers' Comp Medical 25) Workers' Comp Medical 26) Workers' Comp Medical 27) Workers' Comp Medical 28) Workers' Comp Medical 29) Workers' Comp Medical 30) Workers' Comp Medical 31) Workers' Comp Medical 32) Workers' Comp Medical 33) Workers' Comp Medical 34) Workers' Comp Medical 35) Workers' Comp Medical (001-630-1270-1135) (001-631-3350-1135) (001-640-3112-1135) (001-640-3113-1135) (001-640-3114-1135) (001-640-3115-1135) (001-250-9110-1135) (001-110-1234-1140) (001-140-2140-1140) (001-140-3310-1140) (001-210-1220-1140) (001-250-1232-1140) (001-260-1310-1140) (001-310-8120-1140) (001-410-1212-1140) (001-420-1261-1140) (001-420-1263-1140) (001-430-4130-1140) (001-440-4220-1140) (001-440-4330-1140) (001-520-3212-1140) (001-520-3213-1140) (001-520-3521-1140) (001-530-1280-1140) 9,941 314 1,136 96,140 4,O49 1,487 (400,000) 898 575 35,795 2,298 15,485 526 10,292 240 4 10,956 68 4,460 56,966 1,148 131,905 692 38 36) Workers' Comp Medical (001-530-4110-1140) $ 7,112 37) Workers' Comp Medical (001-530-4160-1140) 23,640 38) Workers' Comp Medical (001-530-4210-1140) 115,326 39) Workers' Comp Medical (001-530-4211-1140) 110 40) Workers' Comp Medical (001-530-4310-1140) 86 41) Workers' Comp Medical (001-560-3410-1140) 1,019 42) Workers' Comp Medical (001-620-4340-1140) 52,784 43) Workers' Comp Medical (001-620-7110-1140) 3,308 44) Workers' Comp Medical (001-630-5313-1140) 67 45) Workers' Comp Medical (001-630-5314-1140) 1,434 46) Workers' Comp Medical (001-631-3350-1140) 2,868 47) Workers' Comp Medical (001-631-3360-1140) 781 48) Workers' Comp Medical (001-640-3113-1140) 289,337 49) Workers' Comp Medical (001-250-9110-1140) (400,000) 50) Contingency (001-300-9410-2199) (152,328) 51) Residential Detention Services (001-121-2130-2008) (150,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager 200~1 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: Funding for Workers' Compensation Wage and Medical Accounts Background: Workers' Compensation is defined as the "exclusive remedy, under law, for all covered employees for compensating injuries and occupational diseases arising in the course of and within the scope of employment." The City is currently self- insured for Workers' Compensation liability with excess insurance above the $1,000,000 (per occurrence) level. Funding has been budgeted in the general fund for the current fiscal year to cover workers' compensation wage and medical payments. These types of fringe benefits are budgeted as a lump sum in the non-departmental category because annual charges for each department are difficult to project accurately. Payments in the General Fund in FY 2001 are expected to total $1,102,328 based on trends through April. Expenses in FY 2001 are higher than they typically have been due to large medical costs. In FY 2001, there have been large individual payments for various heart ailments, injuries and infections, many of which having dates of injury occurring prior to FY 2001. Funding to cover these payments is available from budgeted workers' compensation supplemented by funding from the General Fund contingency balance and residential detention services. Recommended Action(s): City Council authorize the transfer of $1,102,328 to cover Workers' Compensation claims in the departmental workers' compensation accounts (see attached spreadsheet) from the following sources: Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24071-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci.roanoke.va.us Honorable Mayor and Members of Council June 4, 2001 Page 2 Funding Sources: Account Number Workers' Compensation-Wages 001-250-9110-1135 Workers' Compensation-Medical 001-250-9110-1140 Contingency Fund 001-300-9410-2199 Residential Detention Services 001-121-2130-2008 Amount $400,000 $400,000 $152,328 $150,000 $1,102,328 DLB:vls C: Respectfully submitted, Da~ City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Glenn A. Asher, Risk Management Officer #CM01-00105 A'I-rACHIqENT A WORKERS COMPENSATION ANALYSIS Expended Expected Fund Agency Organization Object Department Name Thru Exp. for 4/31/2001 May - June Total WlC. Wa~es 001 210 1220 1135 City Attorney $809 $162 $971 001 250 1232 I 135 Billings & Collections 10,005 2,001 $12,006 001 140 3310 I 135 Jail 5,361 1,072 $6,433 001 640 3113 1135 Police - Patrol 80,117 16,023 $96,140 001 640 3114 I 135 Police Services 3,374 675 $4,049 001 640 3115 I 135 Police Training 1,239 248 $1,487 001 640 3112 1135 Police Investigation 947 189 $1,136 001 520 3213 1135 Fire - Operations 104,306 20,861 $125,167 001 530 4110 1135 Streets & Traffic 1,710 342 $2,052 001 530 4210 1135 Solid Waste Management - Refuse 16,827 3,365 $20,192 001 530 421 I 1135 Solid Waste Management - Recycling 2,275 455 $2,730 001 420 1261 I 135 Human Resources 152 30 $182 001 440 4220 I 135 Custodial Services 423 84.6 $508 001 440 4330 I 135 Building Maintenance 8,868 1,774 $10,647 001 620 4340 I 135 Parks/Grounds Maintenance 31,800 6,360 $38,160 001 630 1270 I 135 Human Services Support 8,284 1,657 $9,94 I 001 631 3350 1135 Youth Haven I 314 0 $314 totals $276,81 $55,299 $332, I I 0 W/C - Iqedical 001 II0 1234 1140 City Treasurer $748 $150 $898 001 140 2140 I 140 Sheriff 479 96 $57~ 001 140 3310 I 140 Jail 29,829 5,966 $35,795 001 210 1220 I 140 City Attorney 1,915 383 $2,298 001 250 1232 1140 O8C 12,904 2,581 $15,485 001 260 1310 I 140 Electoral Board 438 88 $526 001 310 8120 I 140 Economic Development 8,577 1,715 $10,292 001 410 1212 I 140 Office of Management & Budget 200 40 $240 001 420 1261 1140 Human Resources 3 $4 001 420 1263 I 140 Occupational Health Clinic 9,130 1,826 $10,956 001 430 4130 1140 ~Communications - 911 57 I $68 001 440 4220 I 140 Custodial Services 3,717 743 $4,460 001 440 4330 1140 Building Maintenance 54,966 2,000 $56,966 001 S20 3212 1140 Fire - Support 957 191 $1,148 001 520 3213 1140 Fire - Operations 96,905 35,000 $131,905 001 520 3521 I 140 Emergency Medical Services 577 I 15 $692 001 530 1280 I 140 Director of Public Works 32 6 $38 001 S30 4110 1140 Streets & Traffic 5,927 1,185 $7,112 001 530 4160 I 140 Traffic Engineering 19,700 3,940 $23,640 001 530 4210 1140 Solid Waste Management - Refuse 110,326 5,000 $115,326 001 530 4211 1140 Solid Waste Management - Recycling 92i 18 $110 001 530 4310 1140 Engineering 72 14 $86 001 560 3410 I 140 Building Inspections 849 170 $1,019 001 620 4340 I 140 Parks/Grounds Maintenance 43,987 8,797 $52,784 001 620 71 I 0 I 140 Recreation 2,757 551: $3,308 001 630 5313 I 140 Income Maintenance 56 I I $67 001 630 5314 I 140 Social Services - Services I, 195 239 $1,434 001 631 3350 I 140 Youth Haven I 2,390 478 $2?RR 001 631 3360 I 140 Crisis Intervention 651 130 $78 I 001 640 3113 I 140 Police - Patrol 24 I, I 12 48,222 $289,334 totals $650,548 $ I 19,670 $770,218 Total I I I I I $927'3591 $174,9701 $1,102,37R 05/30/01 WCCOUNCRPT01.123 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5, 2001 File #72-373 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35383-060401 authorizing the City Manager to enter into a lease agreement with First Campbell Square, LLC, for the lease of 2,200 square feet of space at First Campbell Square, 210 First Street, S. W., for use as a computer lab for training purposes by the VISSTA Program, upon certain terms and conditions as more fully described in a communication from the City Manager dated June 4, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm Attachment pc: Mary F. Parker, CMC City Clerk James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Philip C. $chirmer, City Engineer Sarah E. Fitton, Engineering Coordinator Glenn D. Radcliffe, Director, Human Services Barry L. Key, Director, Management and Budget N:\CKMHl'~.genda. OlXJune 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Th*.. 4th day of June, 2001. No. 35383-060401. A RESOLUTION authorizing the City Manager to enter into a lease agreement with First Campbell Square, LLC, for the lease of space at 210 First Street, for use by the City of Roanoke, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate lease agreement with First Campbell Square, LLC for the lease of 2,200 square feet of space within First Campbell Square located at 210 First Street, S.W., for use as a computer lab for training purposes by the VISSTA Program; such lease shall be for a term beginning May 1,2001, or the date that the premises are ready for occupancy, until April 30, 2006, at a rate of $2,582.00 per month; and shall be upon the terms and conditions as more particularly described in the letter to this Council dated June 4, 2001. ATTEST: City Clerk. H:\ORD-OEN~O-VISSTA (I~a.~) (6-04-01) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5, 2001 File #60-72-373 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35382-060401 amending and reordaining certain sections of the 2001-2002 General Fund Appropriations, providing for $30,984.00 in connection with a computer lab for training purposes by the VISSTA Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm Attachment pc: Mary F. Parker, CMC City Clerk Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator Glenn D. Radcliffe, Director, Human Services Barry L. Key, Director, Management and Budget N:\CKMH 1XAgenda.01Uune 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of JunE, 2001. No. 35382-060401. 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 sections of the 2001-2002 General Fund Appropriations, be, and thb same are hereby, amended and reordained to read as follows, in part: Apl~ropriations Health and Welfare $ 27,379,089 VISSTA (1) ............................................... 317,789 Revenues Grants-in-Aid Commonwealth (2) ............................... $ 46,332,925 1) Other Rental (001-630-5318-3075) $ 30,984 2) VISSTA (001-110-1234-0671 ) 30,984 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager '0~ ' ;~: June 4, 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: VISSTA Area Training Center Lease The State Department of Social Services is interested in providing two classrooms, which will be used to provide computer training to the Department of Social Services agency staff for the Piedmont region. See Attachment #1. Roanoke is the largest agency in the region. Presently we are sending staffto other locations such as Richmond, Northern Virginia and tidewater. This requires overnight stay for some seminars. The classrooms will utilize a 2,200 square foot area adjacent to current leased space. See Attachment #2. The rate is $30,984 annually which includes the cost for renovations. The cost will be reimbursed 100% by the State. The correct name of the Lessor is First Campbell Square, LLC (formerly known as First Campbell LC). See Attachment #3. Recommended Action(s): Authorize the City Manager to take the following actions: Execute a lease agreement with First Campbell Square, LLC, such agreement to be approved as to form by the City Attorney, for 2,200 square feet. Term of the Lease will be for five years, ending April 30, 2006. Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1135 CityWeb:www. ci,roanoke.va,us Honorable Mayor and Members of Council June 4, 2001 Page 2 Appropriate $30,984 to VISSTA Account No. 001-630-5318-3075 and increase the General Fund Revenue estimate by $30,984 in Account No. 001-110-1234-0671. Respectfully submitted, City Manager DLB/SEF Attachments C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Services Sarah E. Fitton, Engineering Coordinator #CM01-00092 OFFICE LEA.SE THIS LEASE AGREEMENT, made this day of 2001, by and between FIRST CAMPBELL SQUARE, LLC (formally known as FIRST CAMPBELL, LC) a Virginia Corporation, hereinafter referred to as LESSOR, and the CITY OF ROANOKE, a Virginia municipal corporation, hereinafter referred to as LESSEE. WITNESSETH THAT FOR AND IN CONSIDERATION of the mutual agreements set forth below, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each party hereto,the parties mutually agree as follows: DESCRIPTION OF PREMISES LESSOR, in consideration of the rents to be paid by LESSEE, does hereby lease to LESSEE, the following described premises located on the fourth floor, adjacent to the existing VISSTA space and known as Suite 460, in the office building known as First Campbell Square located at 210 First Street, S.W., Roanoke, Virginia, containing 2200 square feet as shown on the floor plan attached hereto as Exhibit A (the "Premises") TERM The term of this Lease shall be five (5) years commencing on the 1st day of May, 2001 or the date that the Premises is ready for occupancy ("Commencement Date") and shall expire at 11:59 o'clock p.m. April 30, 2006. The Premises shall be deemed ready for occupancy on the earliest date on which all of the following conditions have been met: (a) A final certificate of occupancy covering the Premises has been issued by the Department of Buildings of the City of Roanoke, permitting the occupancy thereof for the purposes provided herein. (b) Lessor's work and all of the work in the Premises required by Exhibit B and shown on Exhibit C, have been substantially completed, and it shall be deemed so completed notwithstanding the fact that minor or inconsequential mechanical adjustments or decoration remains to be performed (except that the painting of the interior of the Premises shall be completed) the non completion of which does not materially interfere with Lessee's normal use and occupancy of the Premises. (c) All means of access and all facilities necessary to Lessee's occupancy of the Premises, including elevators, sidewalks, restrooms, heating, ventilating, air conditioning, water, lighting and electrical power facilities, have been properly installed and substantially completed, meeting the specifications set forth herein, and are in reasonably good operating order as determined by Lessee and available to the Lessee. RENT LESSEE agrees to pay LESSOR an annual rental for the term of this lease of THIRTY THOUSAND NINE HUNDRED EIGHT FOUR ***AND 00/100 DOLLARS ($30,984.00) to be paid on the last day of each and every month in theamount of TWO THOUSAND FIVE HUNDRED EIGHTY TWO AND 00/100 DOLLARS ($2,582.00). If the term of this lease commences on any day other than the first day of a calendar month, that pro-rata fraction of the first month's minimum rental based on a thirty (30) day month shall be paid. LATE FEE 4. Not applicable. LESSEE'S RIGHT TO CANCEL LEASE 5. Notwithstanding any other provision of this Lease, LESSEE shall have the right to terminate this Lease without penalty or further obligation in the event the federal, state, or municipal government does not appropriate the funds necessary for payment of the rent. LESSEE shall give LESSOR notice as soon as LESSEE is made aware of such non-appropriation, but in no event shall notification be less than thirty (30) days. LESSEE shall be liable for the rent in such event only through the month in which the Premises are vacated. USE AND POSSESSION The premises shall be used for general office, classroom and support purposes and for no other purpose without prior written consent of LESSOR. LESSEE shall not use the Premises for any unlawful purpose or so as to constitute a nuisance. IMPROVEMENTS Prior to the anticipated Commencement Date, LESSOR, will complete at its sole cost and expense, except as specifically provided in Exhibit B, renovations to the building according to the specifications and designs for finishing and improving the Premises, which are attached hereto as Exhibit B and C. All such renovations shall be substantially completed, as that term is defined in Paragraph 2.b and the Premises ready for occupancy, as that term is defined in Paragraph 2, on or before May 1, 2001. Failure by the LESSOR to have the Premises Ready for Occupancy by the date indicated above could result in substantial damages to the LESSEE. Therefore, in the event renovations are not completed by June 1, 2001, the LESSEE shall have the right to terminate this lease. COMPLIANCE LESSEE hereby covenants and agrees to comply with all the rules and regulations of the Board of Fire Underwriters, Officers or Boards of the City, County or State having jurisdiction over the Premises, and with all ordinances and regulations of governmental authorities wherein the Premises are located. SIGNS LESSEE shall not, without the prior written consent of LESSOR, which consent will not be unreasonably withheld, with respect to interior signs, place any signs or advertising matter or material on the exterior or interior of the building. Should LESSOR approve any sign, LESSEE hereby agrees to remove any signage at the termination of this LEASE and Repair any damage caused by the removal of this signage. QUIET ENJOYMENT & COVENANT OF TITLE 10. LESSOR covenants, warrants and represents that it has full right and power to execute this lease and to grant the estate demised herein and LESSEE upon payment of the rents herein reserved, and performing the terms, conditions and covenants herein reserved, shall peacefully and quietly have, hold and enjoy the Premises during the full term of this lease and any extensions thereof. LESSOR'S SERVICES 1 I. LESSOR shall furnish the following services to LESSEE at LESSOR'S own cost and expense, all of which shall be adequate for the intended use of the Premises and in conformity with that furnished in local first class buildings similar in nature, but in no event shall these services be provided less than the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, City of Roanoke holidays as determined by Roanoke City Council excepted. (a) Elevator service during normal business hours of each business day, and at least one elevator on a 24 hour, 7 days a week basis. (b) Access to and use of at least one restroom for each sex, as well as the maintenance of these restrooms and all soap, paper towels, and two-ply tissue necessary for efficient use of such rooms. (c) (d) LESSOR shall provide janitorial service, refuse removal, supplies and window washing for thePremises and common areas and restrooms in the building. LESSOR shall provide ventilation as well as heating and air conditioning during the appropriate seasons at levels similar to those maintained in like properties. (e) (t) LESSOR shall maintain in proper working order all air conditioning equipment, including but not limited to air handling equipment, filter systems and duct work, to minimize airborne contaminants including, but not limited to, dust and other such impurities that either directly or indirectly impact the quality of air in the Premises. LESSOR shall provide hot and cold water and plumbing as is required for drinking, cleaning and restroom purposes. (g) LESSOR shall provide sufficient electricity and electrical receptacles to support office, training room and support areas, to include but not be limited to the following equipment needs: personal computers and associated printer equipment, telecommunications equipment, facsimile equipment and photocopiers, all as delineated on Exhibit C. The LESSOR will provide LESSEE or the STATE of Virginia or their agents with access to telecommunications (h) closets and other areas sufficient to install local area computer network equipment to be provided at a later date by the State of Virginia. LESSOR shall provide adequate levels of illumination within all rooms/spaces, and in particular those designated for office and training room use. The average illumination level for general office and the meeting room will be 50 foot-candles and for classrooms 75 foot- candles. (i) LESSOR shall provide for exterior maintenance to the Premises including but not limited to, landscape maintenance, and structural repairs including roof repairs or replacements. (j) LESSOR shall be responsible for snow removal outside building and at entrances in accordance with local codes. It is also agreed that if LESSEE requires air conditioning or heat beyond the hours hereinabove set forth and provided arrangements are made with LESSOR'S agent not less than twenty-four (24) hours in advance, LESSOR will furnish such air conditioning or heat and LESSEE agrees to pay for the same with each monthly installment of rent in accordance with the then current schedule of costs and assessments therefore. Such schedule shall be no more than the LESSOR'S cost and shall be published from time to time by the LESSOR and furnished to the LESSEE. The LESSOR shall not be liable for the interruption of any of the above-mentioned services caused by breakdown, maintenance, renewals, improvements, strikes, lockouts, inability of the LESSOR to procure such services or to obtain fuel or supplies or other cause or causes beyond the reasonable control of the LESSOR. Any interruption of service shall not be deemed an eviction or disturbance of the LESSEE"S use and possession of the Premises or any part thereof, or render the LESSOR liable to the LESSEE for damages, or relieve the LESSEE from performance of the LESSEE'S obligation under this Lease, unless said interruption is a result of negligence by LESSOR. LESSOR shall be obligated to use its best efforts to restore the interrupted service within a reasonable time after notification. If the Premises are rendered unusable for more than a five workday period, the amount of the rent for such period will be prorated and deducted from that month's rent. If LESSOR fails to keep, repair and maintain the Premises and all plumbing, heating, air conditioning, electrical and mechanical devices, appliances and equipment of every kind or nature to or serving the Premises in good repair, condition and working order suitable to the purpose and use for which LESSEE has leased the premises, the LESSEE, at its sole option, and after giving ten (10) days written notice, may either (a) terminate this lease and all obligations hereunder, or (b) proceed to make, or cause to be made, such upkeep, repair and/or maintenance, at LESSEE'S expense so as to render the Premises suitable for the purpose and use for which the Premises are leased, in which event, LESSEE may deduct the cost of the same from future rental payments as they become due and/or may collect such cost from LESSOR in any manner provided by law. ALTERATIONS BY LESSEE 12. LESSEE shall not make any alterations to the Premises without obtaining LESSOR'S prior written consent, which consent shall not be unreasonably withheld, but any and all alterations, additions or other improvements made by LESSEE, with or without the consent of LESSOR regardless of how attached (except moveable trade fixtures), shall immediately become and remain the property of LESSOR, without compensation therefore to LESSEE, provided LESSOR shall have the right to require that LESSEE, prior to the termination of this Lease, remove any or all such alterations, addition, improvements and restore the Premises to their original condition with normal wear and tear excepted. Both parties agree that the folding partition described on Exhibit B, exclusive of structural supports, shall not become or remain the property of Lessor. Lessee shall have the absolute right to remove the folding partition from the premises if it so chooses provided LESSEE repairs any damage to the premises as a result of such removal. SUBLEASING & ASSIGNMENT 13. LESSEE may not assign its right under this Lease or sublet the whole or any part of the Premises, without the prior written consent of the LESSOR, such consent will not be unreasonably withheld. Regardless of LESSOR'S consent, no subletting or assignment shall release LESSEE or alte the primary liability of LESSEE to pay the rent and to perform all other obligations to be performed by LESSEE hereunder. CARE OF PREMISES 14. The LESSEE agrees to take good care of the Premises, fixtures, and appurtenances and suffer no waste or injury thereto, and that it will pay for all repairs to the Premises, fixtures and appurtenances necessitated by the fault of LESSEE, its employees or agents. LESSOR acknowledges that it is responsible for all other repairs, structural or otherwise, including, but not limited to, heating, air conditioning, ventilation, plumbing, electrical, telephone system and windows. At the end of the term LESSEE will surrender the Premises in as good condition as LESSEE obtained the same at the commencement of the term, reasonable wear and tear excepted. DAMAGE TO PREMISES 15. If the Premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, LESSOR shall promptly at its own expense cause such damage to be repaired, and the rent shall not be abated. If by reason of such occurrence the Premises shall be rendered untenantable only in part, LESSOR shall promptly at its own expense cause the damage to be repaired, and the rent meanwhile shall be abated proportionately to the portion of the Premises rendered untenantable. If by reasons of such occurrence the Premises shall be rendered wholly untenantable, LESSOR shall promptly at its own expense cause such damage to be repaired and the rent meanwhile shall be abated in whole, unless within sixty (60) days after said occurrence LESSOR shall give LESSEE written notice that it has elected not to reconstruct the destroyed Premises, in which event this Lease and the tenancy hereby created shall cease as of the date of said occurrence and the rent shall be adjusted as of such date. LESSOR shall not be required to repair or replace any property which the LESSEE may be entitled to remove from the Premises. No damages, compensation or claims shall be payable by LESSOR for inconvenience, loss of business or annoyance arising from any repair or restoration of the Premises or of the building of which the Premises form a part. All rent paid in advance shall be apportioned in accordance with the foregoing provisions as of the date of such damage; however, if the damage results wholly from the fault of the LESSEE, its agents, contractors, employees or invitees, LESSEE shall not be entitled to termination or any abatement or reduction in rent. INDEMNITY 16. Not applicable. INSURANCE 17. Not applicable. INSPECTION OF PREMISES 18. The LESSOR or LESSOR'S agent shall have free access during normal business hours to the Premises for the purpose of inspection and for the maintenance and making of repairs. LESSOR shall have the right to show space to prospective tenants during the last one hundred eighty (180) days prior to the expiration of the term of this Lease. SUBORDINATION 19. This Lease is subject and subordinate to all security liens, mortgages and deeds of trust which may now or hereafter affect the Premises or the building in which the Premises is situated, or the real property upon which said building is located, and to all renewals, modifications, consolidations, replacements and extensions thereof. The Lessee shall execute promptly any certificate or other form of instrument in confirmation of such subordination, to include estoppel certificates in recordable form, that LESSOR may request. So long as the LESSEE hereunder shall pay the rent reserved and comply with, abide by and discharge the terms, condition, covenants and obligations on its part, to be kept and performed herein and shall attorn to any successor in title, notwithstanding the foregoing, the peaceable possession of the LESSEE in and to the Premises for the term of this Lease, shall not be disturbed, in the event of the foreclosure any such mortgage or deed of trust, by the purchaser at such foreclosure sale or such purchaser's successor in title. LESSOR agrees to waive its "Landlord Lien" on LESSEE'S personal property in favor of prior interest held by lien holders in said personal property. CONDEMNATION 20. If the whole or any part of the Premises or all means of access thereto shall be condemned or sold under threat of condemnation, this Lease shall terminate and LESSEE shall have no claim against LESSOR or to any portion of the award in condemnation for the value of any unexpired term of this Lease. In the event of a temporary taking, this Lease shall terminate. DEFAULT 2 I. In the event the LESSEE shall default in the payment of rent or any other sums payable by the LESSEE herein, an such default shall continue for a period often (10) days after written notice thereof, or if the LESSEE shall default in the performance of any other covenants or agreements of this Lease and such default shall continue for thirty (30) days after written notice thereof, or if the LESSEE should become bankrupt or insolvent or any debtor proceedings be taken by or against the LESSEE, then and in addition to any and all other legal remedies and rights, the LESSOR may declare the entire balance of the rent for the remainder of the term to be due and payable and may collect the same by distress or otherwise, or the LESSOR may terminate this Lease and retake possession of the Premises, or enter the Premises and relet the same without termination, in which later event the LESSEE covenants and agrees to pay any deficiency after LESSEE is credited with the rent thereby obtained less all repairs and expenses (including the expenses of obtaining possession). The LESSEE also covenants and agrees to pay reasonable attorney's fees and costs and expenses of the LESSOR, including court costs, if the LESSOR employs an attorney to collect rent or enforce other rights of the LESSOR herein in event of any breach as aforesaid and the same shall be payable regardless of whether collection or enforcement is affected by suit or otherwise. HOLDING OVER 22. LESSEE shall, on the last day of the original term or renewal or any extension thereof or upon sooner termination of this lease, peacefully and quietly surrender the demised premises to LESSOR, broom- cleaned and in as good condition and repair as the demised premises were at the commencement of the original term, normal wear and tear excepted. If LESSOR and LESSEE have not formally agreed to an extended term, LESSEE will be considered as holding over the demised premises and construed as tenancy from month to month with LESSEE owing LESSOR rent on a monthly basis. Such month-to-month tenancy shall be upon the same terms and subject to the same conditions as those set forth in the provision of this lease. SURRENDER OF PREMISES 23. LESSEE will surrender the Premises, at the expiration or sooner termination of the lease term, broom- cleaned, with all rubbish removed, free to subtenancies, and in good condition and repair, reasonable wear and tear excepted. LESSEE will deliver all keys to LESSOR or LESSOR'S agents. RULES AND REGULATIONS 24. The rules and regulations printed and attached to this Lease shall be and are hereby as Exhibit D made a part of this Lease. LESSEE, its servants and agents, will perform any and abide by said rules and regulations, and any amendments or additions to said rules and regulations as may be made from time to time by LESSOR. MUTUAL WAIVER OF SUBROGATION 25. LESSEE and LESSOR hereby release each other, to the extent of their respective insurance coverage, from any and all liability for any loss or damage caused by fire or any of the extended coverage casualties or any other casualty insured against, even if such fire or other casualty shall be brought about by the fault or negligence of the other party or its agents, provided, however, this release shall be in force and effect only with respect to loss or damage occurring during such time as such parties' respective insurance policies covering such loss or damage shall contain a clause to the effect that this release shall not affect said policies or the right of such party to recover thereunder. Each party agrees that its fire and other casualty insurance policies will include such a clause. NOTICES 26. Any notices required to be served in accordance with the terms of this Lease shall be in writing and served by registered or certified mail, or delivered in person and duly acknowledged, as follows: To LESSEE: VISSTA Manager & Suite 210 First Street, S.W. Roanoke, Va. 24011 Superintendent of Social Services 215 Church Avenue, SW Room 307 Roanoke, Va. 24011 To LESSOR: First Campbell Square, LLC 210 First Street, Suite 105 Roanoke, Va. 24011 Either party may at any time designate a change in the above address or addresses by giving written notice to the other. All notices, demands and requests which shall be served by registered or certified mail in the manner aforesaid shall be deemed sufficiently served or given for all purposes hereunder at the time such notice, demand or request shall be mailed by United States registered or certified mail as aforesaid in any post office or branch post office regularly maintained by the United States Government. SUCCESSORS & ASSIGNS 27. The Lease shall bind and inure to the benefit of the successors, assigns, heirs, executors, administrators and legal representatives of the parties hereto. AUTHORITY 28. The persons executing this Lease hereby covenant, represent and warrant that they are duly authorized to sign and execute this Lease. WAIVERS 29. The waiver by either party of any breach of any terms or provision herein contained shall not be deemed a waiver of any subsequent breach of the same or any other term of provision hereof. LEASING AGENT 30. Not applicable. ENVIRONMENTAL 31. LESSOR represents there is no non-encapsulated friable asbestos or other hazardous materials in the building or the Premises. Should non-encapsulated friable asbestos or other hazardous materials be discovered in the building or Premises, LESSEE may immediately terminate this Lease, and the LESSOR shall reimburse and indemnify the LESSEE for any and all expenses incurred as of the result of the building and/or Premises containing non-encapsulated friable asbestos or other hazardous material including, but not limited to, moving cost, any and all fines, civil penalties, and damages awarded against LESSEE as a result of such materials being located in the building and/or Premises, and all reasonable legal expenses, including attorney fees, incurred in defending claims against LESSEE as a result of the non-encapsulated friable asbestos or other hazardous material being located in the building or Premises. ACCESSIBILITY BY THE HANDICAPPED 32. Prior to the commencement of the initial term and delivery of possession, LESSOR shall certify to LESSEE in writing that the minimum requirements of the Virginia Uniform Statewide Building Code pertaining to access by physically handicapped and aged persons have been met. As hereinafter used, the term "the standards" shall mean and incorporate those current standards issued or promulgated by the American National Standards Institute, entitled "American National Standard Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped people," and the term "accessible" shall mean accessible to physically handicapped and aged individuals in accordance with the standards. The minimum requirements are: (a) An accessible entrance to the building shall comply with the standards. (b) At lease one accessible route (corridors and doors) within the Premises shall comply with the standards. (c) If support areas within the building (e.g., breakroom) are used by LESSEE, its employees or the public, such areas shall be accessible. (d) If LESSEE occupies floors other than the main floor of access to the building, at least one accessible elevator shall be provided. (e) Accessible public rest rooms for each sex shall be provided, preferably on all floors. As a minimum, accessible rest rooms shall be provided on the ground floor or the floor occupied by LESSEE if the building is four stories or less in height. If LESSEE occupies an area above the fourth floor, accessible public rest rooms for each sex shall be provided on the floor occupied by LESSEE. If LESSEE occupies more than one floor, at least one accessible public rest room for each sex shall be provided on at least every fourth floor occupied by LESSEE. (f) All corridors, doors and spaces in or about the Premises and used by the public or employees of LESSEE shall be accessible. (g) Directional signs complying with the standards shall be provided directing the public to the premises occupied by Lessee. (h) Where the foregoing standards for handicapped access conflict with applicable local ordinances, rules, or regulations setting forth standards for handicapped access, the more restrictive of the two shall govern. ENTIRE AGREEMENT 33. This Lease, together with any exhibits attached hereto, contains and embodies the entire agreement of the parties hereto, and representations, inducements or agreements, oral or otherwise between the parties not contained in this Lease and exhibits, shall not be of any force or effect. This Lease may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in writing duly signed by both parties hereto. INVALIDITY OF PARTICULAR PROVISIONS 34. If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. IN WITNESS WHEREOF, this Lease has been duly executed by the parties hereto as of the day and year first above written. ATTEST: LESSOR: FIRST CAMPBELL SQUARE,LLC By: Title: Date: ATTEST: LESSEE: By: Title: Date: CITY OF ROANOKE APPROVED AS TO FUNDS AVAILABLE APPROVED AS TO FORM Director of Finance Account No. Assistant City Attorney APPROVED AS TO EXECUTION Assistant City Attorney EXHIBIT "B" NARRATIVE FOR PROPOSED IMPROVEMENTS LEASE OF OFFICE/TRAINING ROOM REGIONAL TRAINING CENTER CITY OF ROANOKE COMPUTER LAB EXPANSION FOURTH FLOOR OF FIRST CAMPBELL SQUARE 210 First Street Roanoke, Virginia The improvements proposed for the space on the fourth floor of First Campbell Square Building located at 210 First Street in downtown Roanoke is to be done in its entirety by the LESSOR. The construction will be developed in accordance with the general guidelines stipulated herein: 1. The overall quality of construction and appearance desired for the new space should be on a level equivalent to the other leased space within the building. 2. All new partitions are to be full height, constructed using steel studs and gypsum wallboard. 3. Doors to be 1-3/4" solid core wood set in hollow metal frames. Hardware to be commercial type with locks. Finishes within the new space will be: a. level loop carpet in all rooms with a 30" solid color cut-pile border around the perimeter of the training room. b. Vinyl or rubber base in all rooms. c. Satin-sheen paint on wall surfaces in all rooms except training room which will receive vinyl wall covering. The ceiling will be acoustical lay-in tile comparable to that used in the building. Minimum ceiling height in the training room to be 9'-0", in all other spaces 8'- 0"(+). 10 5. Existing fireproofing systems to be repaired and fully operational where disturbed by new work. HVAC system, including related duct work, runouts, controls, etc., will be designed to provide adequate temperature, humidity and air flow within all new rooms/spaces. Particular attention should be given the training room to accommodate potentially large numbers of occupants. Separate thermostats will be provided for the office area and training room utilizing "zonong"techniques. New fluorescent light fixtures, receptacles and outlets for telephones and computers will be installed. Sufficient fixtures shall be installed as required to provide a minimum illumination level of 100-footcandles within private offices and in the training room. The training room should have a minimum of 16 incandescent-type down lights with separate dimmer switches. Exit light where required by building codes. 11 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 5, 2001 Stephanie M. Moon Deputy City Clerk File #5-60-236-326-438 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35384-060401 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of $7,000.00 in connection with acceptance of a grant from the State Department of Rehabilitative Services to the Fifth District Disability Services Board to be used by the Brain Injury Association of Virginia for an educational program in the Roanoke area. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Council Member Wyatt suggested that law enforcement officers and attorneys receive educational training with regard to persons suffering from brain trauma. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Carol Wright, Human Services Coordinator Barry L. Key, Director, Management and Budget H :XAgenda.01X June 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of JUne, 2001. No. 35384-060401. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant 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 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $ 3,339,998 Regional Disability Services Board, Brain Injury Association of Virginia (1) .............................................. 7,000 Revenues Health and Welfare $ 3,339,998 Regional Disability Services Board, Brain Injury Association of Virginia (2) .............................................. 7,000 1) Fees for Professional Services 2) Regional Disability Services Board Grant, Brain Injury Association of Virginia (035-630-5190-2010) $ 7,000 (035-630-5190-5190) 7,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager jbne4,2001 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: Appropriation of Regional Disability Services Board Grant Funding - Brain Injury Association of Virginia Background: The Fifth District Disability Services Board (DSB) is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community. The following jurisdictions in the Fifth Planning District have enacted resolutions establishing their participation in a regional effort and have appointed a local official to serve: the cities of Roanoke, Salem, Covington, Clifton Forge; counties of Roanoke, Craig, Botetourt, and Allegheny and the Town of Vinton. Other members of the DSB include representatives from business and consumers. City Council authorized the Director of Finance to serve as fiscal agent for the Fifth Planning District Disabilities Services Board on September 25, 1995, Resolution No. 32675-092595. The State Department of Rehabilitative Services has allocated funds in the amount of $7,000 to the Fifth District DSB for the Brain Injury Association of Virginia to provide an education program in the Roanoke area. (See Attachment A). The Brain Injury Association of Virginia will provide a local cash match of $701 which will also be used towards scholarship funds for program participants. Funds will be used to provide an education program in the Roanoke area. Specifically, this funding will be utilized to provide 100 scholarships valued at $70 each for attendees of a full day conference on brain injury featuring nationally recognized speakers. This project will be the first effort to conduct a brain injury education program in the Roanoke area with a target audience of survivors of brain injury, caregivers and service providers. 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 June 4, 2001 Page 2 Recommended action(s): City Council appropriate $7,701 for fees for professional services in a grant fund account to be established by the Director of Finance and create a corresponding revenue estimate from the State Department of Rehabilitative Services to provide funding for the Fifth District DSB. CC: Glenn Radcliffe, Director, Human Services Carol Wright, Human Services Coordinator Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Respectfully submitted, City Manager Attachment (1) CM01-00102 H. Gray Brough·on. CRC, CCM COMMISSIONER ~. _ - .,,* , COMMONWEALTH of VIRGINIA Department Of Rehabilitative Services PO~;T OFFICE 8()X K RICHMOND. VTR(J[NIA 232~8 - 0300 April 10, 2~1 VOICE: (804) 662.7000 TTY: IJ~04) 662-9040 VOICE - TCLL FREI::: 803-552.5019 lq'Y- TCLL FREE: 800-464-9950 ~AX: i8C4) 862,9532 Clint Collin~, Chairpeflon Fifth Planning Distric~ Disability S~'vi¢~s Board P.O. Bo~t 173 Salem, VA 241S3 Dear Mr. Colitis, Thmk you for sal~ittin8 your proposals for th~ Rehabilitative Service~ In~ntive Fund (RSIF) for Fiscal Year 2002. All l~'olx)~ls ~ carefully comida~-d udn8 thc. review procgss as defined in the Rehabilitative Servicm Incentive Fund Ouideli~. TI~ Di~biliV~ ~ Cmmcil met o~ Mxmh 27, 2001, and ~ m Final review of the pmpmals ~ubmi~i for funding. This letter i~ to officially inform you of the avnud status of tM proposal submitted by the Fiffit PbnninI District Dbabmv Servtm Board._ Brtin Injury Association of YJr~inls wu approved for funding. ~is one*year propo~J is to ptovi~ · brain injury ~lucation program in the Roanolm am. TM aw·hi is for S?,0~0 for one ye·r with · rUlulrml ~ mt·th of S701. Blue Ridfe ludepeudent UvJnj CenMr wu approved for tandln& This oue-y~r peqx)sal is to pmvi~ uuspmmion services to consumm only. Tho re, iud is for S'/,066 for one yesr with a requbed loetl retch of'S'/09. Fundfl~ is ·w[18ble h'lmRs m besin on June 1, 2001. DiM Zane~ will be developin8 thc 8mat~ ov~ the n~'t t~ a~athl and will be ia toa~ ~th yon if ~ ~ jMilioaal ~on. Ifyou lave my quesltom reprdin$ tho infornmion comiue4 in this le~a' or the 8runt review procen, pleme coam~t me at 804-662.7134 VoicXTFY oe Dina t~ 80~662-7289 Voio~Y. we both am be ruched li~rouSh tl~ 800~ (8004~24019 vok~ o~ 800-464.99~0 TRY). Hm'ry Weins~k, Bum injury A.ocmtlon of V~rslm· Kaml Michlski, Blue Ridge Iad~md~nt LivinS Ce·or P~lyn Kinsey/, st~r sum· Jam· D. Ofl~o, Fiscal Asent D~SABILITY SERVICE8 BOARD NAME: FInN.PDC DIS~.~w'¢ SERVlCI~S _~O.~J~0 REHABILITATIVE SERVICES INCENTIVE FUND · FY 2002 SUBGRANTEE APPLICATION ' To addrsu unmet or undemerved need~ of pemeno with physical and ~ensery dleabililies Please type application and complete all sm.'qtons. Submit original and six copies. Application must be submitted in this format only. Appli~ation available on dis~tte. SUBGRAN~-~- STREET ADDRES~ AND PO BOX (IF APPLICABLE) BRAIN INJURY ASSOCIATION OF VIRGINIA, INC, 3212 CUTSHAW AVENUE, SurrE 315 CON~'ACT PERSON AND/OR DIRECTOR CITY ZIP HARRY VVEINSTOCK, EXECUTIVE DIRECTOR RICHMOND, VA 23230 TELEPHONE NU,'.~u.- ;~ 804-3~5748 E-MAIL (IF APPLIC. ABI. E)FAX NUMBER BIAV~VISI.NET 804-.35.5-6381 I ce~i~y that all ~nf~-~,~l pmvkled in this pf~p~al is factual and that the organization is able to achieve the results described within the requirad timeframe for the RSlF.' I undemtand that this is a reimbursement grant. Cerlificatlen of the commitment el' lecal retching hms ~ II~t ~eae de#am will be I~re~id~l te h Sub~ during llle grant period, including ~ I~Jbli~ appropriations and l~vate donations, is be alteebed on lett~flead from the of the local match., Type of Proposal: J~ One-Year Project [] Two-Year Project [] Throe-Year Project Has the project been funded pt~viously? [] Yes ,~ No How many times (lolal)*ears) . PURPOSE Provide a Purpose Statement for the p~ec[ The Brain Injury Auoeiattoa of V'uzinia eonducted a series of nineteen town meetinp acron Virginia in 1999-2000 as part of the development of a state needs assessment for people with brain injury and their families. The size of the audiences ut the two meetinp hdd in Roanoke exceeded everyone's expectations and, in fact, Roanoke hid a target total audience than any other locality. Thh wes viewed as u very strong indicator of the Eevd of interest find needs of penple with brain injury and their families in the Roanoke area, While testimony covered a wide variety ofiesues, the number one need expressed in these meetJnp was for education. This plea was incorporated into n state action plan which was presented to Secretary Allen and other officiab it's Brain Injury Summit meeting in ALty 2000. This project will be the tint effort to conduct n brain injury education program in the Roanoke area with a target audience of survivors of brain injury, caregivers and service providers. PROJEG'~r DESCRPTION The Project will support needs of oe~ons with ~)hvsical and/or sansow ,~-~-- in your community by ' _~a~lg_~13~. in which of the following areas: ......... : I_1 Transportation I-1 Public Awareness of Disabilities [] Employment [] Assisted Communication J--I' Housing [] Independent Living Se~ces [] Assistive Technology ~] C~. Education, Advocacy [] Case Management PROJECT DESCRIPTION {CONTINUED) ' Describe in concrete terms how the requested funds will be used. Define Itm goals of the project. What equipment, services, or:programs will be pmv~led? This grant would support the planning Hd presentation ora full day conferenee on brain injury featuring nationaiyrecognized speakers addressing hues of interest to people in the Rennoke area. As expressed in the two town meetings conducted in Roanoke, the number one need for Survivors and their families is education. This Me, for help was not only for education ofconsumers, but also for service providers and professionals who interact with the survioor and/or have influence on their recovery and reintetratlon into the eommunity. These professionnb wouM include tcachers, community health service providers, social service workers and health care profenionab. The conference will include segments on education-rehted inues (targeting families now in the school system and educators who lilrdy will be receiving their first training on brain injury), as wall as employment, cognitive rehabilitation and compenmory strategies All those attending will receive packets of information and workbooks. Teachers will also reeeivt · Best Practices Manual currently being developed. The.program win also give service providers from other regions the opportunity to explain new and emerging treatment techniques, and expose those attending to services not currently available in the Roanoke area. impact, of project on people with physical and sensory disabilities In mensurabie terms, describe how people wi~ physical and/or sensory disabilities w~ll directly benefit from the project. How will this proposal increase the availability, accessibility, and/o~ quality of-services in your community? How many people will receive services? See Application Cn.'teds in the RSIF Guidelines, In the year 2000 alone more than 1,S00 people were treated at Roanoke are~ hosplUis for a brain injury with an estimated 21S becoming permanently dbabled as the result ( 85 of these are children or yonng adults). Since brain injuries last a lifetime, the people in Roanoke living with brain injury number in the thousands. However, there has never been an educational program in Roanoke to help them learn more about their disability, available treatments and services, or strategies for maximizing their recovery. While the Brain Injury Anoclation of Virginia (BIAV) has an excellent library of inforuation for survivors and their families, the people in Roanoke have only had the opportunity to access thb resourCe through telephone and maflinp. Thb conference would brin~ the full ruources of the brain injury commUnity to Roanoke. These resources would include nationafly=retognized experts on brain injury and rehabilitation who have already agreed to paFtleipate in thb prosram. Since many survivors currently receive services designed For other dbabilities, their needs are frequently not addressed appropriately. A large part of the reason b that local service providers do not understand brain injUry and have received no training on how to work with survivors. In addition, with new funding strums now. available (for instance, the D.D. Medieaid Waiver) new service providers will begin to serve a population they know nothing Ibout. This conference will provide baokfround as well as conectinf new providers with experienced ones from other areas. During the two town meetings conducted in Roanoke the number one need expressed by speakers was for education. Speaker after speaker tal~d about how difficult it had been to rind information, how people in their community (including their family and friends) did not tmderstnqd how someone who looked* and talked the same way they did prior to their injury could not function as they once did. Even loved ones - spouses, parents, tiblinp - had difficulty understanding the changes that had oecurred. Since the brain contmb everything we say, think: feel and do, and because every injury · has a different outcome, it is even difficult for the survivor themselves to deal with the new person they bare become. Tiffs program will help mrvivors and their families Understand their injury and begin to learn how to cope with llfe after brain injury. " IMPLEMENTATION PI.AN Provide a brief timeline, for lhe project. Whet experience does the organization have that conblbutes to the succe~ of the project~ ~ steps will be token once l~e funds are received? Discuss how the proposed project will be implemented wib~in the planned grant period. The conference will be held in early-spring 2002 in Roanoke, Conference phmning will be conducted on two fronts. An advisory group in Roanoke (consisting of local survivors, caregivers and professionals) will arranse the logistics of the program in order to best meet the needs of people in the local community. They will also provide guidance regarding the conference agenda. The project coordinator will develop the program iUeif including identification and recruitment of speakers, recruilment of exhibitors,'devdopment of handouts, and maainp related to the conference, The coordinator will be supported by the staff of the Brain Injury Association of Virginia (BIAV). The Brain Injury Association of Virginia is the primary organization serving survivors of brain injury and their families and b part of a national network of brain injury organizations founded and run by consumers. As part ora contract with the Department of Rthabilltative Services, BIAV has provided outreach to over I00,000 people who have suffered a brain injury, and is the primary source of information and referral mistance to survivors, families and professionalL With a national network of experts at its* dispoeal, BIAV is able to provide · levd of education not previously ovahble in Roanoke. Conference outreach will be conducted through the media, avahMe mailing lists, service agenci~ schoob, local hospitals, pediatricians, rehabilitation programs, medical spaclalbts and social service The antlciputed.attendance would be 100+ with the majority being survivors and caregivers. NEED~ ASSESSMENT flNDOfOS Describe how file proposed project responds to lhe 1999 needs assessment findings of the lOCal DSB. You may obtain a copy from Ihe local DSB. A guiding principle for I~e RSIF is to serve as a first step in the development of a community.based, consumer, focused service deliver/system for people wilfl physica and sanso~ disabilities. Through two town meeflnp conducted in 1999-2000 in Roanoke (as part of a series of nlnetecn town mcetiap conducted throughout Virgi..i,), ns well as through written surveys dbtrtbuted to over 10,000 survivors and family members as part of a federal project to conduct a state-wide needs assessment for brain injury, it wits dear that the primary concern of survivors and their families is the lack ofundermmdJng about brain injury. This bding mirrored comments made to the Disability Commtuion during the ten meettup they conducted in 1999. Education and awareness b essential to a survivors' recovery and to the continuity of the fmily. Services providers must understand the unique needs of people with brain injury in order to help them meet the challenges they face. COMMUNITY COLLABORATION Additionally, a 8~i~ Pdnci~ of fl~g RSI~ is collsboration ~' dgliv~ of services ac~r~ ~, DSB or otl~r jurisdiclio~ll ~. l)~;~rl'~ how t[~ ~ pro~ iavolv~ ~oal/lluaity o ~r~,sni?~iolls, collsam~ groll~ busi/lesses' a~or Sov~mma o ~r~-i?~io~. ~on is ~ neces~y hc~or i~ ~ appm~ for mmsporUmon projec~ The Brain Injury Association of Virginia (BIAV) will work closely with the Roanoke Chapter of BLs, V, the newly-formed Brain lnjnry Services of Southwest Virginia, the Center for Independent Living and area hospitals. It is anticipated that this program will be the first step in deveioping a local network of service providers, as well as establbbing s hewn source of information and referral assistance. A number of brain injury specialists (including the national Brain Injury Model Systems program at the Medical College of Virginia) w~l he partners in this effort to educate survivors, families and professionals. Experts from n varlet~ or programs and disciplines have pledges their support and willingness to donate their time. FUNDING BEYOND THREE YEAR8 See Section $.2, page 4, of the R$1F Guidelines and IXOVid~mquired justification of fufiher funding. Not applicable. This is a one-year grant. However, it b anticipated that thb prop'am can be self- supporting after the first year. The contribution of staff from BIAV would continue as required to plan and present future pro.ams. BUDGET INFORMATION - ONE YEAR PROJECTS 'AJJ' rrEM8 MUST BE PU~ IN .~E IMI'H THE STATE iKiBUC i~MENT ACT JUNE 1, 2001 TO MAY 3t, 2002 PROJECT FUNDINO RSIF LOCAL Itemize each project expense Dou.~ms C~H To'r~ RF~LL~I'ED PURCHASE oF'SERvicE: R$1F funds may be uMd to purchase units of $7,000 $770 $?,770 ' a sewlce. For example: # tmon, ration t~ps. Giw · brief deSCl'ipt~oll of the Mrvine, # of unltl to be provided Ind cost per unP,. Schola~shys or'S?0 each for 100 mte~dees CONSULTANTS: R$1F fulxls mGv not be used i~ ofle-yelr projects to ~4,035. ~,0~. cover the costs of personnel for the ocganiz~tion. Provide the consulti,'tts hourly or deily mtl and number of work hours/clays plinne(I. Executive Director -80 ~s ~ $22. hr. = Fsmily Resomce Director. ]20 hr, @ $16 = $],~0 l)roFzm.~qsistu2t- 20 h~ (~ $12.50 = S250. Bookkeeper - 10 hrs (~ $]050 = EQUIPMENT: LIst ~le equipflleltt requested. OTHER: RSIF funds may be used to reimburse such costs ~s p~. postige, office supples, telephone, travel reimbursement ~ $.325/mile. TOTAL $,7,000 $4,805 $11,805 ~ the following: · This is a mimb~eem~ grant, with peyment made after the service is providecl. These figures wfl become pert of a State Contract between the DSB, DRS and the Subgmntee. · The total ~ lhe local match oolunm sllould equal 0111Y the percentage of local match required for your grant. Match cannot be in-kind or state tund$. · The grant contract is for Fiscal Year 2002. All ~4ces must conolude.~-May 31, 2002, and all invoicea for good~ and/or services muat be mcMved by DRS by JuM't'~[~2. BRAIN INJURy ASSOCIATION OF VIRGINIA, Formerly t~ Virginia Head Injury Foundation, Inc. 3212 Cutsfl~, Ave. 8ulM 315 Richmo~cL VA 23230 (804) 355-5748 P~x (8l)4) 35~,6381 JanUary 15~ 2001 Ro~ln Kingery Fifth PD8 Di~bilily Services Board P.O. Box 173 ' Salem, VA 24153 Dear Ms. Kingery:. ' Please accept this letter as a · formal commitment of matching funds for a grant request through the Fifth PDC Disability Services Board. The Executive Director of the Brain Injury Association of Virginia was recognized in 1997 by the Robert Wood Johnson Foundation as one of ten outstanding community health leaders in the U.S. As pat of this award, the Robert Wood Johnson Foundation provided funds specificall to , appropriate projects (at BIAV's di.,,..~;~, ~Y t~ .be used as match money for ,,,.. =,u~./. ~ nesa fur~a are already in BI.~V's POssession and will be ~e source of the match foi- this project On behalf of the'Brain Injury Association of Virginia. I commit $770 in match nx3ney for this project, hereby certify that BIAV will A Clmrter~l Sate A~liate of the Brain lnj.,y Associa6~ CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5, 2001 File #24-67-289 Darlene L. Burcham City Manager Roanoke., Virginia Dear Ms. Burcham: I am attaching copy Ordinance No. 35385-060401 amending and reordaining subsection (b) of Section 24-97, Possession or consumption of alcoholic beverages, of Article IV, Parks, Chapter 24, Public Buildinqs and Property Generally, Code of the City of Roanoke (1979), as amended, to allow consumption and possession of alcoholic beverages at private events, pursuant to issuance of a City alcohol permit, at Mountain View and the Discovery Center; and amending the Fee Compendium to reflect a new refundable damage/clean-up deposit, in the amount of $200.00, and $100.00 for events not serving alcohol. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm pc: Mary F. Parker, CMC City Clerk The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia N:\CKMH l'~Agenda.0 ! Uune 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35385-060401. AN ORDINANCE amending and reordaining subsection (b) of §24-97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property_ Generally, of the Code of the City of Roanoke (1979), as amended, to allow for consumption and possession of alcoholic beverages at private events, pursuant to issuance of a city alcohol permit, at Mountain View and the Discovery Center; amending the Fee Compendium to reflect a new refundable damage/clean-up deposit; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b) of Section 24-97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property_ Generally, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 24-97. Possession or consumption of alcoholic beverages. (b) Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S.E., across from Fire Station No. 1 ("Century Square"), Mill Mountain Park (including the Discovery Center), Mountain View and First Union Plaza at Market Street, S.E., adjacent to the Market Square Walkway ("First Union Plaza"), hereinafter collectively referred to as the "designated park facilities," under the following conditions: (1) Any applicant seeking to serve or permit the consumption of alcoholic beverages in the designated park facilities shall apply to the city manager for an Alcohol Permit, allowing the possession, consumption, distribution or sale of alcoholic beverages within the designated park facilities. If the Alcohol Permit is issued by the city manager, the applicant shall also obtain all appropriate permits and licenses from the State Department of Alcoholic Beverage Control ("ABC Board"). The issuance of the City's Alcohol Permit shall be conditioned upon the issuance of a permit or license by the ABC Board on the same.terms and conditions as the City's Alcohol Permit. A copy of the ABC permit shall be filed with the city manager at least three (3) business days before the first day of the event which is the subject of the City's Alcohol Permit; (2) Only section 501(c) nonprofit organizations under Title 26 of the United States Code may apply for the City's Alcohol Permit for Elmwood Park, Century Square, Mill Mountain Park (not including the Discovery Center) and First Union Plaza. Any person or entity may apply for the City's Alcohol Permit for Mountain View and the Discovery Center; (6) Any applicant which is a section 501(c) nonprofit organization under Title 26 of the United States Code which applies for a City Alcohol Permit shall produce, at the time of application, written evidence, satisfactory to the city manager, of its status as a section 501(c) nonprofit organization under Title 26 of the United States Code; 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted 2 March 27, 1995, effective as of that date, shall be amended to reflect the new fee of two hundred dollars ($200.00) for a damage/clean-up deposit for events serving alcohol, and one hundred dollars ($100.00) for events not serving alcohol, pursuant to §24-97(b)(9) of the Code of the City of Roanoke (1979), as amended. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fee and deposit established by this Resolution shall remain in effect until amended by this Council. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORD-CA\O-CA-Parks(Permit Alcohol - Fe~) (5-24-01) 3 Office of the City Manager June 4,2001 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: Alcohol Ordinance Background: On April 16, 2001, City Council revised the Alcohol Ordinance, City Code §26-97, Possession or consumption of alcoholic beveraqes, Article IV, Parks, Chapter 24, Public Buildings and Property, to allow, pursuant to issuance of a City alcohol permit, the possession or consumption of alcoholic beverages for certain specific locations: Elmwood Park, Mill Mountain Park, Century Square, First Union Plaza and Mountain View. As the revised ordinance stands, only 501(c) non-profit organizations would be allowed to apply for the City alcohol permit. While the overall intent for the revision of the ordinance was to include all sites within the City's park system where alcohol consumption should be allowed, it was not meant to limit permits to non-profit organizations for all of the listed locations. Rather, the aim was to allow alcohol consumption at parti---es by not only non-profit organizations, but also private individuals and for-profit entities at Mountain View and the Discovery Center. This clarification was unintentionally omitted from the previous report and the ordinance was drafted based upon the report. Considerations: Alcohol consumption at parties by individuals and for-profit organizations, as well as non-profit organizations, has been allowed at Mountain View for a number of years because this facility is an ideal venue for weddings and receptions. Likewise, such events would be in high demand at the Discovery Center. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-~138 CityWeb: www. cl. roanoke .va. us The Honorable Mayorand Membem of Council June 4,2001 Page 2 These events would be allowed only after operational hours at the Discovery Center. The proposed revision would not permit alcohol consumption at events held by individuals or for-profit organizations in Mill Mountain Park. The ordinance as revised in April 2001 requires a $500.00 damage/clean-up deposit for all events. It is recommended that the ordinance be revised to reduce the refundable damage/clean-up deposit to $200.00 for events where alcohol will be served and $100.00 for events without alcohol. After discussing the deposit amount with our users, it is felt that many renters would not be able to afford a $500.00 damage deposit. Recommended Action: Approve the attached ordinance amending and reordaining City Code § 24-97, Possession or consumption of alcoholic beverages, Article IV, Parks, Chapter 24, Public Buildings and Property; to allow for consumption and possession of alcoholic beverages at events held by non-profit entities, for-profit entities and individual entities, pursuant to issuance of a City Alcohol Permit, at Mountain View and the Discovery Center; and, that City Council amend the Fee Compendium to reflect a new refundable damage/clean-up deposit of two hundred dollars ($200.00) for events serving alcohol and one hundred dollars ($100.00) for events not serving alcohol. Respectfully submitted, City Manager DLB: kaj Attachment C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James Grisso, Director of Finance Wanda B. Reed, Acting Director of Parks and Recreation A. L. Gaskins, Police Chief CM01-00096 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: clerkoci.roanoke.va, us STEPHAN1E M. MOON Deputy City Clerk June 5, 2001 File #144-282 Michael Benedetto, Vice President Tidewater Fiber Corporation 1958 Diamond Hill Road Chesapeake, Virginia 23324 David Stott, Vice President VA Pulp & Paper Inc. 1950 Salem Industrial Dr~ve Salem, Virginia 24513 Gentlemen: I am enclosing copy of Resolution No. 35386-060401 authorizing acceptance of two bids and execution of a contract with Cycle Systems, Inc., for provision of recycling services for paper commodities, and for bottle and can commodities, 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, June 4, 2001. On behalf of the Mayor and Members of Roanoke City Council, I would like to express appreciation for submitting your bid on the above-described recycling services. Sincerely, Mary F. , City Clerk MFP:sm Enclosure N:\CKMH! ~,genda.01Uune 4, 2001 corresp(mdenc.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk June 5, 2001 File #144-282 Udell Neal Brenner, Director of Marketing Cycle Systems, Inc. P. O. Box 611 Roanoke, Virginia 24004 Dear Mr. Brenner: I am enclosing copy of Resolution No. 35386-060401 authorizing acceptance of two bids and execution of a contract with Cycle Systems, Inc., for provision of recycling services for paper commodities, and for bottle and can commodities, upon certain terms and conditions; and rejecting all other bids received bythe City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. MFP:sm Enclosure pc: Sincerely, Mary F. her, CMC City Clerk Darlene L. Burcham, City Manager James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations D. Darwin Roupe, Director, General Services Robert L. White, Manager, Purchasing Frank Decker, Superintendent, Solid Waste Management H:ka, genda.01'~June 4, 2001 correspondenc.wpd Office of the City Manager June Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor W. Alvin Hudson, Council Member William D. Bestpitch, Council Member William White, Sr., Council Member C. Nelson Harris, Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Recycling Services Bid No. 01-03-34 & 01-03-35 Background: The goal of the Solid Waste Management Division is to begin commingled collection of recyclables from all residents on July 1, 2001. The new program will allow residents to recycle a broader range of products on a weekly basis, alternating between mixed paper products one week and a mixture of metal, plastic and glass containers the following week. Disposal services for paper commodities as well as bottle and can commodities are needed. Considerations: Two (2) separate bids were advertised. Three (3) responses were received for paper commodities while two (2) responses were received for bottle and can commodities. Considered together, the best bids were submitted by Cycle Systems, Inc., and are dependant upon accepting both bids, with better pricing offered for meeting a certain threshold. That is, if both commodities total less than 300 tons per month, Cycle Systems would charge $5.00 per ton for paper commodities while bottles and cans would be disposed at $0.02 per pound ($40.00 per ton). If the total for both commodities was greater than 300 tons per month, there would be no charge by Cycle Systems for disposal of either commodity. (Recycling totals averaged 128 tons per month from December 2000 through March 2001). It is anticipated that with proper promotion, education and the expansion of the commingled program to all residences, Roanoke can achieve the 300-ton per month goal. Funding for disposal costs that might be incurred is available in the Solid Waste Management operating budget. ROOM 364 Municipal South 215 Church Avenue, S.¥V Roanoke, Virginia 24011-1591 (540) 853-2333 CityWeb:www, ci.roanoke,va.us FAX (540) 853-1138 Honorable Mayor and Members of Council June 4, 2001 Page 2 Recommended Action: Accept the bids of Cycle Systems, Inc., and authorize the City Manager to execute a contract with Cycle Systems, Inc., approved as to form by the City Attorney (for the acceptance of both the paper commodities bid and the bottle and can commodities bid). Reject all other bids. Respectfully submitted, ~Be~'n~~ Frank (Skip) Decker Robert White I concur in the recommendation of the Bid Committee and recommend it to you for approval. Respectfully submitted, City Manager DLB:gpe C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Frank (Skip) Decker, Solid Waste Management Superintendent Robert White, Purchasing Manager #CM01-00087 Department of Finance City of Roanoke, Virgima June 4, 2001 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: April Financial Report This financial report covers the first ten months of the 2000-2001 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 1.56% or $2,372,000 compared to FY00. Variances in specific categories of revenues are as follows: General Property Taxes are up .44% or $284,000. Real estate taxes through the end of April have increased $1,961,000 or 4.46% over the same period in the prior fiscal year, and collections are at 99.78% of the budgeted amount. Personal property taxes recorded in this category are below the prior year due to the increased percentage of funding provided by the Commonwealth of Virginia. Personal property tax revenue funded by the Commonwealth is reflected in the Grants-in-Aid-Commonwealth revenue category. Total personal property revenue, including the state share, has increased 2.1% over the same period in the prior year. Penalties and interest on delinquent taxes have increased $103,000 or 15.37%, reflecting the results of improved collections during the current fiscal year. Other Local Taxes have increased 4.07% or $1,749,000. Business and Professional Occupational License Tax is up from the prior year, and has exceeded the budget estimate. Gas utility tax has increased compared to the prior year due to increased consumption. Prepared food and beverage tax revenue is ahead of the prior year due to several new restaurant openings. Cellular phone tax has increased due to the rising number of cell phone subscribers. These increases are partially offset by a decrease in electric utility consumer tax due to a timing difference. Fines and Forfeitures are below prior year collections by 8.93% or $72,000. The decline is due to decreased collections of General District Court fines. Revenue from Use of Money and Property declined 8.86% or $79,000. The State is billed for use of the Commonwealth Building monthly based on estimated operating and maintenance costs. In August of FY00, the State was billed for the amount that actual costs exceeded estimated costs, producing significantly higher revenue in FY00. No additional amounts were billed in FY01. This decrease is partially offset by an increase in interest income resulting from higher average daily cash balances in the General Fund. Grants-in-Aid Federal Government decreased $8,500 or 33.20% due to timing differences in the receipt of FEMA revenue. Charges for Services is up $244,000 or 8.86% due to an increase in weed cutting and demolitions billings. Those revenues were down in FY2000, compared to historical performance. Miscellaneous Revenue is up $36,000 or 17.61% resulting from having two surplus property sales in fiscal year 2001 as opposed to one sale at this same point in time in the prior year. An increase in the volume of surplused vehicles necessitated the additional sale in the current fiscal year. Ho~X~. rable Mayor and Members Roanoke City Council' June 4, 2001 Page 2 EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have increased 5.40% or $8,055,000 since FY00. Variances in individual expenditure categories are discussed as follows: Judicial Administration expenditures are up $843,000 or 22.07% Juvenile and Domestic Relations Court Services costs to house children detained by the courts have increased from the prior year. Effective June 2000, children detained by the court were housed at the Roanoke Valley Detention Center instead of the City-operated detention home. Expenditures of the City-operated juvenile detention home were reported under the Public Safety category in prior years. Personal service expenditures of the Circuit Court Judges have also increased due to additional law clerk positions in FY01. Public Works expenditures have increased 5.17% or $996,000. This increase is due in part to timing differences associated with payments on the annual street paving contract. Personal service costs of the Streets and Traffic department are up. Expenditures of the Solid Waste Management Recycling department are higher than prior years due to increased tonnage of bulk garbage and brush handled by Roanoke Valley Resource Authority and the purchase of approximately 27,000 recycling containers. Community Development expenditures have risen 29.56% or $811,000. This is due to across the board increases in the Planning and Code Enforcement Department related to its recent re-organization and the opening of a new office at an off-site location by the Department of Economic Development. Memberships and Affiliations expenditures also increased mostly due to an increase in contributions paid to Center in the Square and a timing difference in the payment to Roanoke Valley Cable TV Educational Access Channel. Transfer to Debt Service Fund is up $1,679,000 or 16.10% on a year-to-date basis due to our requirement to make the first payment on the Series 1999 General Obligation Bonds. This was partially offset by decreased principal payments made on the Series 1994 and 1997B General Obligation Bonds. Nondepartmental expenditures increased 21.07% or $1,445,000. Transfers to the Capital Projects Fund increased due to transfers of funding for Greater Gainsboro property acquisition, infrastructure and parking garage. Funds were also transferred for the HOPE VI project, the new police building and various other capital projects. Transfers to the Department of Technology increased to fund priority projects and equipment needs. I would be pleased to answer questions which City Council may have regarding the monthly financial statements. Attachments t/ Di~ei:to~ ~f Finance CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY APRIL 30, 2001 Transfer Number General Fund: CMT-382 CMT-885 CMT-908 CMT-432 CMT-935 CMT-937 CMT-435 CMT-436 CMT-955 CMT-967 CMT-439 CMT-441 CMT-979 CMT-988 CMT-990 CMT-443 CMT-444 CMT-445 CMT-1002 CMT-451 CMT-452 CMT-456 CMT-458 CMT-463 CMT-465 CMT~67 CMT~71 Date 07/11/00 07/12/00 09119100 10/02/00 11109100 11114100 12/11/00 12/11/00 12/21/00 01/16/01 01/17/01 01/24/01 02/14/01 02/26/01 02/27/01 02/28/01 02/28/01 02/28/01 03/1 2/01 03/13/01 03/13/01 03/23/01 03/20/01 03/26/01 03/30/01 04/10/01 04/17/01 From To Portrait of Dr. Noel C. Taylor After Prom pares Virginia Amateur Sports Legal expenses related to cable television franchise agreement Operating support for Roanoke Neighborhood Development Corp. Human Services Coordinator originally budgeted in Social Services Vision 2001 Comprehensive Plan College Day transportation Fair Housing Study Contibution to The Committee to Advance the TransDominion Express Christmas Luncheon Assistant City Manager search Contribution to Partners for Livable Communities Contribution to Salem-Roanoke Baseball Hall of Fame Share of shredder purchase Report Truck operations Report Truck operations Share of shredder purchase Operating support for Roanoke Neighborhood Development Corp. Operating support for City Clerk's office Operating support for City Clerk's office Uniform expense Operating support for City Council Enforcement of graffiti ordinance Professional Services for Main Library Truck radios Contribution to Local Commonwealth Attorneys of VA Contingency* City Manager Contingency* Memberships and Affiliations Contingency* Social Services Administration Pay Raise/Supplemental Pay Raise/Supplemental Memberships and Affiliations Contingency* Contingency* Pay Raise/Supplemental Contingency* Contingency* Solid Waste Mgmt - Refuse Parks and Grounds Maintenance Parks and Grounds Maintenance Building Maintenance Contingency* Juvenile and Domestic Relations Court Services Pay Raise/Supplemental Streets and Traffic Contingency* Contingency* Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Services Amount Purchasing $ 4,500 Memberships and Affiliations 3,000 Memberships and Affiliations 20,000 City Attomey 10,000 Memberships and Affiliations Director of Human Services Planning and Code Enforcement Economic Development City Manager Memberships and Affiliations Human Resources Human Resources Memberships and Affiliations Memberships and Affiliations Streets and Traffic Streets and Traffic Streets and Traffic Streets and Traffic Memberships and Affiliations City Clerk City Clerk Parks and Ground Maintenance City Council Planning and Code Enforcement Building Maintenance Solid Waste Management City Attorney Total General Fund 25,000 37,700 3,500 13,700 2,000 2,365 15,000 5,000 210 8,431 1,417 210 30,000 20,091 2,534 1,162 23,150 2,000 3,425 3,400 1,500 $ 242,770 CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY APRIL 30, 2001 (CONTINUED) Transfer Number Date Ca_~ital Pro_lects Fund: CMT-911 10/02/00 C M T-962 1 2/22/00 CMT-962 12/22/00 CMT-1016 03/22/01 C MT-460 03/27/01 CMT-461 03/27/01 From To Drainage problems at 4038 Vermont To cover additional project expenses To cover additional project expenses Funding for litigation expense Funding for construction contract Funding for construction contract CIP Reserve - Storm Drains CIP Reserve - Parks CIP Reserve - Buildings Innotech Expansion Asbestos Abatement Westview Terrace Habitat Miscellaneous Storm Drainage $ Mill Mountain Park Improvements Mill Mountain Park Improvements Franklin Square Park Mill Mountain Zoo Access Road Mill Mountain Zoo Access Road Total Capital Projects Fund $ Amount 10,321 755 245 2,000 4,036 2,464 19,821 Available Contlnu_ency Balance of Contingency at July 1, 2000 *Contingency appropriations from above Contingency appropriations through budget ordinances: BO 34579 08/07/00 Project Impact BO 35156 12/04/00 Governmental Electric Service BO 35233 03/19/01 Cash match for Virginia Exile Grant Available Contingency at April 30, 2001 Contingency Contingency Contingency Emergency Management Services Purchasing Department Transfers to Other Funds $ $ 420,244 (124,015) (16,590) (35,442) (8,021) 236,176 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July I - Apr 30 July I - Apr 30 Percentage Revenue Estimate Revenue Source 1999-2000 2000-2001 of Change Estimates Received General Property Taxes $63,953,430 $64,237,076 0.44 % $66,238,798 96.98% Other Local Taxes 42,944,342 44,693,233 4.07 % 55,834,655 80.05% Permits, Fees and Licenses 676,674 705,688 4.44 % 729,250 96.91% Fines and Forfeitures 808,504 736,292 (8.93) % 864,500 85.17% Revenue from Use of Money and Property 895,223 815,894 (8.86) % 1,124,863 72.53% Grants-in-Aid Commonwealth 38,323,190 38,545,903 0.58 % 52,959,419 72.77% Grants-in-Aid Federal Government 25,719 17,180 (33.20) % 34,260 50.15% Charges for Services 2,754,917 2,999,108 8.86 % 3,634,660 82.51% Miscellaneous Revenue 203,800 239,693 17.61% 346,500 69.18% Intemal Services 1,634,566 1,600,952 (2.06) % 2,350,111 68.12% Total $152,220,365 $154,592,029 1.56 % $184,127,016 83.96% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Exbenditures General Govemment Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Date for the Period July I - Apr 30 July I - Apr 30 Percentage Unencumbered 1999-2000 2000-2001 of Change Balance $9,138,219 3,818,593 36,181,291 19,262,767 20,522,837 3,767,018 2,743,143 10,430,404 36,347,802 6,659,277 $149,071,351 $9,554,296 4,661,510 36,895,772 20,259,009 19,799,140 3,921,573 3,554,057 12,109,799 38,066,341 8,304,728 $157,126,235 Current Fiscal Year Percent of Revised Budget Appropriations Obligated 4.55 % 2,776,397 $12,330,693 77.48% 22.07 % 1,505,084 6,166,594 75.59% 1.97 % 8,208,157 45,103,929 81.80% 5.17 % 4,127,247 24,386,256 83.08% (3.53) % 7,441,199 27,240,339 72.68% 4.10 % 880,277 4,801,850 81.67% 29.56 % 593,937 4,148,004 85.68% 16.10 % 12,109,799 100.00% 4.73 % 7,307,572 45,373,913 83.89% 21.07 % 515,251 8,819,979 94.16% 5.40 % $33~354,121 $190,481,356 82.49% 3 CITY OF ROANOKE, VIRGINIA SCHOOL AND SCHOOL FOOD SERVICE FUNDS STATEMENT OF REVENUE Year to Date for the Period July I - April 30 July I - April 30 Percentage Revenue Source 1999-2000 2000-2001 of Change State Sales Tax $6,480,370 $6,633,408 2.36 % Grants-in-Aid Commonwealth 31,108,458 33,709,358 8.36 % Grants-in-Aid Federal Government 2,158,130 2,168,585 0.48 % Charges for Services 2,268,855 2,258,927 (0.44) % Transfer from General Fund 36,347,802 38,066,341 4.73 % Special Purpose Grants 7,837,003 7,770,969 (0.84) % Total $86,200,618 $90,607,588 5.11% Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $9,040,476 73.37% 42,057,082 80.15% 2,891,748 74.99% 3,526,973 64.05% 45,373,913 83.89% 2,084,352 NA $104,974,544 86.31% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Total Year to Date for the Period July I - April 30 1999-2000 $58,203,505 2,924,113 3,033,213 7,856,898 3,389,689 2,181,853 4,780,180 10,841,381 $93,210,832 July I - April 30 2000-2001 $60,069,946 3,161,905 2,942,727 8,053,076 3,565,753 2,084,352 5,417,355 11,373,777 $96,678,892 Percentage of Change 3.21% 8.13 % (2.98) % 2.62 % 5.19 % (4.47) % 13.33 % 4.91% 3.72 % Current Fiscal Year Unencumbered Balance $13,896,395 980,712 708,352 2,295,740 959,518 165,713 336,838 $19,344,268 Revised Appropriations $73,966,341 4,142,618 3,651,079 10,359,816 4,525,271 2,250,065 5,754,193 11,373,777 $116,023,160 Percent of Budget Obligated 81.21 % 76.33% 80.60% 77.83% 78.80% 92.64% 94.15% NA 83.33% CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF APRIL 30, 2001 General Government Education Flood Reduction Economic Development Community Development Public Safety Recreation Streets and Bridges Sanitation Projects Traffic Engineering Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligsted Budget To Date Balance Encumbrances Balance $16,273,424 $10,246,471 $6,026,953 $3,477,307 $2,549,646 2,500,000 2,500,000 14,880,118 8,343,259 6,536,859 44,969 6,491,890 21,540,355 14,055,663 7,484,692 987,536 6,497,156 5,470,627 1,877,093 3,593,534 791,718 2,801,816 11,600,008 8,847,820 2,752,188 1,701,355 1,050,833 8,183,661 3,922,715 4,260,946 1,081,234 3,179,712 26,437,466 23,222,512 3,214,954 1,643,103 1,571,851 2,201,725 1,587,035 614,690 235,970 378,720 4,241,660 3,496,153 745,507 146,173 599,334 3,922,581 3,922,581 3,922,581 $117,251,625 $78,098,721 $39,152,904 $10,109,365 $29,043,539 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF APRIL 30, 2001 Elementary Schools Renovation Middle Schools Renovation High Schools Renovation Other Renovation Projects Technology Improvements Interest Expense Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $13,108,122 $9,950,360 13,755,294 13,679,465 250,000 5,320,263 4,606,631 781,786 781,786 262,929 298,821 1,051,271 $3,157,762 $2,799,754 $358,008 75,829 74,925 904 250,000 21,430 228,570 713,632 481,564 232,068 1,051,271 $34,529,665 $29,317,063 $5,212,602 $3,377,673 (35,892) 1,051,271 $1,834,929 5 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 10 MONTHS ENDING APRIL 30, 2001 Interest Revenue: Interest on Bond Proceeds Interest on SunTrust Lease Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: FEMA - Garden City FEMA - Regional Mitigation Project Commonwealth: Virginia Transportation Museum - ISTEA VDES - 1998 Regional Mitigation Second Street/Wells/Gainsboro Project Roadway Safety Improvements Total Intergovernmental Revenue Revenue from Third Parties: Verizon - Brambleton Avenue Signals Mill Mountain Visitors Center - Private Donations Victory Stadium - Pdvate Donations First Union Penalty Payment Norfolk Southern - Hunter Viaduct Serenity Funeral Home InSystems Incorporated - Land Sale Transkrit Corporation Excavation Project 118 Campbell Avenue - Land Sale Estate of Lenore Wood Bill and Melinda Gates Foundation Westview Terrace - Land Sale Total Revenue from Third Parties Other Revenue: Transfers from General Fund Transfers from Water Fund Transfers from Sewage Fund Transfers from Management Services Fund Transfers from Grant Fund General Obligation Bond Proceeds - Series 1999 Total Other Revenue Total $1,302,515 4,606 966,545 2,273,666 259,932 239,409 18,368 3,733 521,442 36,055 10,000 7 34,000 137,445 125,110 342,617 4,508,818 2,900 12,600 100,000 4,624,318 $7,762,043 FY 2000 $1,402,546 752,009 2,154,555 364,186 196,046 37,500 34g,224 17,340 964,296 37,000 10,800 950,000 51,052 13,525 6,776 20,000 39,045 1,128,198 2,788,322 131,500 27,038,000 29,957,822 $34,204,871 6 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 2001 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton City of Salem County of Roanoke County of Botetourt County of Bedford Customer Services Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Rent Miscellaneous Revenue Source Water Assessment Grant Interest and Fiscal Charges Transfer from General Fund Transfer to Capital Projects Fund Net Nonoperating Expenses Net Income (Loss) FY 2001 $3,247,329 2,968,392 212,332 12,929 26,604 191,041 12,354 392,447 2,785,603 9,849,031 3,332,503 3,574,050 1,394,512 8,301,066 1,547,965 358,281 58,431 9,458 (938,798) (2,900) (515,528) $1,032,437 FY 2000 $2,787,061 2,600 766 200 260 18 208 18 958 821 092 160,265 38,207 478,286 2,373402 9,496,505 3,456,497 4,430,667 1,406,264 9,293,428 203,077 308,291 56,367 18,886 40,000 (1,015,817) 25,000 (567,273) ($364,196) 7 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 2001 Operating Revenues FY 2001 FY 2000 Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services $6,028,453 $6,150,417 770,496 674,072 204,158 114,028 796,298 644,120 124,095 115,538 220,784 194,700 147,101 72,203 Total Operating Revenues 8,291,385 7,965,078 Operating Expenses Personal Services Operating Expenses Depreciation 1,574,972 1,542,868 4,583,725 4,171,355 978,928 960,829 Total Operating Expenses 7,137,625 6,675,052 1,153,760 1,290,026 Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges (1) Miscellaneous Revenue Loss on Disposal of Fixed Assets Transfer to Capital Projects Fund 329,170 347,257 (645,448) 10,296 (3,121) (12,600) (328,878) Net Nonoperating Revenues (Expenses) 354,432 Net Income $824,882 $1,644,458 (1) Through Fiscal Year 2000, interest on the 1994 Bonds issued for the Sewage Treatment expansion was capitalized as part of the cost of the project. Because the project is now substantially complete, interest is being expensed. 8 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 2001 Operating Revenues Rentals Event Expenses Display Advertising Admissions Tax Electrical Fees Novelty Fees Facility Fees Charge Card Fees Parking Fees Commissions Catering/Concessions Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Transfer From General Fund Interest on Investments Miscellaneous Total Nonoperating Revenues Net Loss FY 2001 $397 083 121 479 81 000 133 167 22 739 34511 187,301 11 320 911,153 11,981 1,911,734 1,093,470 1,742,200 368,675 3,204,345 (1,292,611) 878,703 56,306 __ 3_,7_6_8 938,777 _.. ($353,834) FY 2000 $435,876 172,910 57,172 171,081 16,422 34,830 22,424 204,542 209 690,959 _ 4,878 1,811,303 1,041,659 1,403,994 335,583 2,_781 ,_236 (969,933) 870,903 49,842 2,360 923,105 ~.4~_828) CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 2001 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Transfer From General Fund Interest on Investments Interest and Fiscal Charges Transfer To GRTC - Operating Subsidy Transfer To GRTC - Capital Transfer To GRTC - Shuttle Service Miscellaneous Net Nonoperating Expenses Net Income FY 2001 $298,980 360,650 173,913 380,793 336,635 56,942 1,607,913 653,136 478,763 1,131,899 476,014 761,358 21,570 (434,790) (637,637) (49,000) (65,000) 10,225 ( 3_9 3 ,_274_) $82,740 FY 2000 $273,587 336,655 161,395 351,737 298,914 58,637 1,480,925 638,955 451,195 1,090,150 390,775 766,358 12,096 (429,492) (537,089) 3,595 .... _(_1_8~1._, 532) ~$20~6,243 10 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 2001 FY 2001 FY 2000 CONFERENCE COMMISSION (1) CENTER (2) TOTAL Operating Revenues Conference Center Total Operating Revenues $ $ 2,302,558 $ 2,302,558 $ 2,398,591 2,302,558 2,302,558 2,398,591 Operating Expenses (3) Personal Services Fees for Professional Services Administrative Expenses Conference Center Total Operating Expenses 75,208 75,208 36,536 33,579 33,579 23,743 1,124 1,124 4,395 2,106,002 2,106,002 1,985,628 109,911 2,106,002 2,215,913 2,050,302 (109,911 ) 196,556 86,645 348,289 Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Litigation Settlement Proceeds Interest on Investments Rent, Taxes, Insurance, and Other (4) 175,000 175,000 175,000 175,000 175,000 175,000 1,000,000 1,000,000 201,030 201,030 46,110 (143,122) (143,122) (117,720) Net Nonoperating Revenues (Expenses) 1,551,030 (143,122) 1,407,908 278,390 1,441,119 53,434 1,494,553 626,679 379,257 115,117 494,374 530,052 1,061,862 $ (61,683) $ 1,000,179 $ 96,627 Net Income Before Depreciation Depreciation Expense/Replacement Reserve Net Income $ Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree ManagemenL (3) Expenses of $93,654 were also incurred for a broken water pipe in the Conference Center. This is not included in expenses since it will be reimbursed from insurance proceeds. (4) $7,000,000 has been appropriated for repair costs to the Hotel Roanoke Conference Center Construction accounL An additional $1,000,000 has been received to repay the Hotel Roanoke Conference Center Commission's retained earnings 11 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 2001 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues (Expenses) Interest Revenue Transfer To Other Funds Transfer From Other Funds Loss on Disposal of Fixed Assets Net Nonoperating Revenues (Expenses) Net Income (Loss) TOTALS Department of Materials Management Fleet Risk Technology Control Services Management Management FY 2001 FY 2000 $3,094,568 $170,656 $90,443 $3,103,036 $7,131,945 $13,590,648 $11,924,613 3,094,568 170,666 90,443 3,103,036 7,131,945 13,590,648 11,924,613 1,640,670 77,097 24,144 1,049,908 209,614 3,001,433 2,760,008 1,034,597 14,514 42,875 862,817 7,292,244 9,247,047 7,836,851 229,863 15,803 1,620,056 1,865,722 1,934,225 2,905,130 91,611 82,822 3,532,781 7,501,858 14,114,202 12,531,084 189,438 79,045 7,621 (429,745) (369,913) (523,554) (606,471) 211,233 2,325 9,290 54,507 552,675 830,030 723,926 (4,000) (100,000) (1 04,000) - 1,201,205 250,000 1,451,205 1,591,367 (3,227) (149,876) (153,103) - 1,405,211 2,325 (90,710) (95,369) 802,675 2,024,132 2,315,293 $1,694,949 $81,370 ($83,089) ($525,114) $432,762 $1,500,578 $1,708,822 12 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED APRIL 30, 2001 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED APRIL 30, 2001. BALANCE AT BALANCE AT BALANCE AT FUND MAR 31, 2001 RECEIPTS DISBURSEMENTS APR 30, 2001 APR 30, 2000 ($2,869,163.97) $16,955,996.60 $13,663 065.44 GENERAL WATER SEWAGE CiViC CENTER TRANSPORTATION CAPITAL PROJECTS CONFERENCE CENTER RKE VALLEY DETENTION COMM DEBT SERVICE DEPT OF TECHNOLOGY MATERIALS CONTROL MANAGEMENT SERVICES 'FLEET MANAGEMENT PAYROLL RISK MANAGEMENT PENSION SCHOOL FUND SCHOOL CAPITAL PROJECTS SCHOOL FOOD SERVICE FDETC GRANT 7,260,206.44 609,198.69 7,053,769.92 1,598,531.06 1,171,081.97 277,384.04 414,423.04 163,309.71 39,595,509.86 536,972.82 6,891,929.08 215,124.58 2,765,223.88 535,069.72 12,675,381.65 50,620.18 5,048,473.11 258,111.17 128,130.20 118,066.37 171,926.24 5,796.05 868,887.32 175,319.86 (13,317,628.03) 14,221,307.17 11,454,328.73 553,819.66 119,250.10 2,327,103.04 7,331,020.27 5,237,325.84 1,831,503.59 58,634.03 776,061.20 351,292.22 (6,871.66) 128,415.83 1,239,794.47 182,581.82 223 010.38 1,740 349.87 298 620.33 78 080.87 1,387 174.85 1,7OO 123.06 191 522.44 3,500.00 143,292.24 83,883.28 5,641.23 94,086.69 12,011,796.12 581,693.59 1,118,329.21 5,965,041.81 812,733.10 406,276.46 86,872.87 467,O79.O7 TOTAL $90,603,237.41 $44,559,980.46 $423,767.19 $2,634,902.44 7,646,394.75 6,545,336.33 6,911,951.11 6,193,688.93 1,149,845.68 1,242,557.91 499,651.88 484,453.23 38,746,307.83 48,053,767.16 5,406,930.60 1,052,283.54 3,108,771.16 5,582,130.48 12,722,501.83 12,093,773.46 5,163,292.04 4,261,492.53 162,313.29 (2,034.07) 172,081.06 240,222.96 950,120.49 1,709,669.71 (11,108,116.98) (10,504,235.89) 11,426,454.80 10,847,867.69 1,328,023.93 323,323.29 6,603,304.30 6,201,066.31 ~ 1,077,404.52 2,989,154.93 721,076.96 0.00 ! 34,671.30 (8 346.65)i 955,297.22 630,125.18 ! $41,062,172.91 $94,101,044.96 $100,571,199.47! CERTIFICATE HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED APRIL 30, 2001. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL HIGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER FEDERAL AGENCY BONDS LOCAL GOVERNMENT INVESTMENT POOL REPURCHASE AGREEMENTS STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER) VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $11,415.29 1,469,127.63 846,000.00 6,338,984.17 21,420,917.50 4,998,500.00 21,366,776.51 18,000,000.00 1,227,872.07 18,421,451.79 $94,101,044.96_ DATE: MAY 9, 2001 DAVID C. A~-DERSON, TREASURER 13 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 10 MONTHS ENDING APRIL 30, 2001 Revenue Contributions · Investment Income Net Appreciation (Depreciation) in Fair Value of Investments Bond Discount Amortization Total Revenue (Loss) FY 2001 $3,199,751, 5,512,622 (19,188,589) 57,011 ($10,419,205) FY 2000 $4,026,306 6,632,415 8,000,027 48,489 $18,707,237 Ex.oenses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to Age 65 Total Expenses Net Gain (Loss) $10,568,319 509,374 92,744 254,719 239,295 11,664,451 ($22,083,656) $9,559,877 574,954 123,382 221,563 169,017 10,648,793 $8,058,444 14 CITY OF ROANOKE PENSION PLAN BALANCE SHEET APRIL 30, 2001 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets FY 2001 $1,299,624 328,658,025 3,538 5,097 $329,966,284 FY 2000 $323,323 351,772,514 19,239 18,000 $352,133,076 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance $1,120,548 247 1,120,795 350,929,145 (22,083,656) 328,845,489 $329,966,284 $1,002,526 89 1,002,615 343,072,017 8,058,444 351,130,461 $352,133,076 15 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5,2001 File #60 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35387-060401 amending and reordaining certain sections of the 2000-2001 General Fund Appropriations, in connection with transfers to Internal Service Fund budgets for fiscal year 2000-2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm Attachment pc: Mary F. Parker, CMC City Clerk Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Joseph D. Slone, Director, Department of Technology Barry L. Key, Director, Management and Budget Robert K. Bengtson, Director, Public Works James A. McClung, Director, Fleet Management Kenneth S. Cronin, Director, Human Resources Glenn A. Asher, Risk Management Officer N:\CKMHl',,Agenda.01XJune 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35387-060401. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 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 2000-2001 General Fund Appropriations, be, and the same are-hereby, amended and reordained to read as follows, in part: A~ropdation_~ General Fund (1-193). 8) Department of Technology- PC Rental (001- 9) Department of Technology (001- 10) Department of Technology (001- 11 ) Department of Technology- 12) 13) 14) 15) 16) 17) 110-1110-7005) $ (20,308) 110-1110-7007) (6,981) 110-1110-7017 ) ( 126) 120 -2111 -7005 ) 535 120-2111 -7007 ) ( 1,000) 120-2111 -7017 ) ( 189) 121 -2130-7005) ( 1,106) 121 -2130-7007 ) 540 124 -2120 - 7005 ) 328 130-1233-7005 ) 23,047 1 ) Department of Technology (001- 2) Department of Technology- PC Rental (001- 3) Risk Management-Overhead (001. 4) Department of Technology (001- 5) Department of Technology- PC Rental (001- 6) Risk Management-Overhead (001. 7) Department of Technology (001- 130-1233 - 7007 ) ( 5,320) 130-1233-7017 ) ( 133) 140-2140-7017 ) ( 270) 140-2140.7025) ( 3,551) 140-3310-7005 ) 43,540 PC Rental (001- Risk Management-Overhead (001 - Risk Management-Overhead (001. Fleet Management (001- Department of Technology (001- Department of Technology- PC Rental (001- 140-3310-7007 ) Risk Management-Overhead (001- 140 - 3310 - 7017 ) 9,097 ( 888) $190,550,356 18) Fleet Management (001- 19) Department of Technology (001- 20) Department of Technology- PC Rental (001 - 21 ) Management Services (001- 22) Risk Management-Overhead (001- 23) Department of Technology (001- 24) Department of Technology- PC Rental (001 - 25) Department of Technology (001- 26) Department of Technology- PC Rental (001- 27) Department of Technology (001- 28) Department of Technology- PC Rental (001 - 29) Department of Technology (001- 30) Department of Technology (001- 31 ) Risk Management-Overhead (001- 32) Department of Technology (001- 33) Department of Technology (001- 34) Department of Technology- PC Rental (001- 35) Risk Management-Overhead (001- 36) Department of Technology (001- 37) Department of Technology- PC Rental 38) 39) 40) 41) 42) (001- (001- (OOl- Fleet Management Fleet Rental Department of Technology- PC Rental (001- Department of Technology (001- Department of Technology- PC Rental (001- 43) Management Services (001- 44) Fleet Management (001- 45) Fleet Rental (001- 46) Department of Technology (001- 47) Department of Technology- PC Rental (001- 48) Management Services (001- 49) Fleet Management (001- 50) Fleet Rental (001- 51 ) Department of Technology(001- 52) Department of Technology- PC Rental (001- 53) Fleet Management (001- 140-3310-7025 ) $ 150-2210-7005 ) 150-2210-7007 ) 150-2210-7015 ) 150-2210-7017 ) 200 - 1110 - 7005 ) 13,186 ( 168) ( 1,718) ( 1,091) ( 133) 8,629 200 - 1110 - 7007 ) ( 1,231) 210-1220-7005 ) 974 210 - 1220 - 7007 ) 220 - 1120 - 7005 ) ( 2,383) ( 1,469) 220 - 1120 - 7007 ) 263 230-1235-7005 ) 16,964 230-1235-7007 ) ( 3,781) 230-1235-7017 ) ( 117) 240-1240-7005 ) ( 3,592) 250-1231 -7005 ) (176,943) 250 - 1231 - 7007 ) 250-1231 -7017 ) 250 - 1232 - 7005 ) 250 - 1232 - 7007 ) 250 - 1232 - 7025 ) 250 - 1232 - 7027 ) ( 4,072) ( 174) 59,375 (12,757) ( 2,511) 413 260-1310-7007 ) ( 922) 300-1211 -7005 ) 7,484 300-1211 -7007 ) 1,358 300-1211 -7015 ) ( 2,132) 300-1211 -7025 ) 21 300 -1211 -7027 ) 1,436 310-3520-7005 ) ( 212) 310-3520-7007 ) ( 416) 310-3520-7015 ) ( 1,039) 310-3520 -7025 ) 1,128 310-3520-7027 ) ( 2,521) 310-8120-7005 ) 708 310-8120-7007 ) 310-8120-7025 ) 1,817 ( 1,365) 54) Fleet Rental 55) Department of Technology 56) Department of Technology- PC Rental 57) Management Services 58) Department of Technology 59) Department of Technology- PC Rental 60) Department of Technology 61 ) Department of Technology- PC Rental 62) Management Services (001- 310-8120-7027 ) $ ( (001- 410-1212-7005 ) 71 ) Department of Technology PC Rental (001- 72) Department of Technology (001. 73) Department of Technology- PC Rental (001- 74) Risk Management-Overhead (001. 75) Risk Management-Overhead (001. 76) Fleet Management (001- 77) Fleet Rental (001- 78) Department of Technology (001- 79) Department of Technology- PC Rental (001- 80) Risk Management-Overhead (001- 81 ) Fleet Management (001- 82) Fleet Rental (001- 83) Department of Technology (001- 84) Department of Technology- PC Rental (001- 85) Fleet Management (001- 86) Fleet Rental (001- 87) Fleet Management (001- 88) Fleet Rental (001- 89) Risk Management-Overhead (001. 90) Fleet Rental (001- 91 ) Department of Technology (001- (001- 410-1212-7007 ) (001- 410-1212 -7015 ) (001- 410-1213-7005 ) (001- 410-1213-7007 ) (001- 420-1261 -7005 ) (001- 420-1261 -7007 ) (001- 420-1261 -7015 ) (001- 430-4130-7005 ) 63) Department of Technology 64) Department of Technology- PC Rental (001- 430-4130-7007 ) 65) Management Services (001- 430-4130 -7015 ) ( 66) Risk Management-Overhead (001- 430-4130 -7017 ) ( 67) Fleet Management (001- 430-4130 -7025 ) ( 68) Fleet Rental (001- 430-4130-7027 ) 69) Fleet Management ( 001 - 430 -4170 - 7025 ) 70) Department of Technology (001- 440-1237-7005 ) ( 376) 637 858) 8,699 11,703 676) 1,286) 8O3 1,891) 16,462 6,467 4,322) 356) 5,750) 191 466 11,717) 520 - 3211 - 7007 ) 775 520 -3211 - 7025 ) 1,732 520 -3211 - 7027 ) 289 520-3212-7025) (5,406) 520 -3212 - 7027 ) 456 520-3213-7017 ) ( 1,771) 520-3213-7027 ) (13,804) 520-3521 -7005 ) (6,596) 440 -4330 - 7007 ) ( 845) 440-4330 -7017 ) ( 288) 440-4330 - 7025 ) (3,434) 440 -4330 - 7027 ) ( 894) 520-3211 -7005) (18,368) 440-1260-7007 ) ( 1,308) 440-1260-7017 ) ( 662) 440-4220-7017 ) ( 281) 440 -4220 -7025 ) 630 440 -4220 - 7027 ) 34 440 -4330 - 7005 ) 2,596 440-1237-7007 ) ( 845) 440 - 1260 - 7005 ) ( 842) 92) Department of Technology- PC Rental (001 - 93) Risk Management-Overhead (001 - 94) Fleet Management (001- 95) Fleet Rental (001- 96) Department of Technology (001- 97) Fleet Management (001- 98) Fleet Rental (001- 99) Fleet Management (001- 100) Department of Technology (001- 101 ) Department of Technology- PC Rental (001 - 102) Risk Management-Overhead (001 - 103) Fleet Management (001- 104) Fleet Rental (001- 105) Risk Management (001- 106) Department of Technology (001- 107) Department of Technology- PC Rental (001- 108) Risk Management-Overhead (001- 109) Fleet Management (001- 110) Fleet Rental (001- 111 ) Department of Technology(001- 112 ) Department of Technology- PC Rental (001- 113) Risk Management-Overhead (001 - 114) Fleet Management (001- 115) Fleet Rental (001- 116) Department of Technology (001- 117) Fleet Management (001- 118) Fleet Rental (001- 119) Department of Technology (001- 120) 121) 122) 123) 124) 125) 126) 127) 128) 129) 130) Department of Technology- PC Rental (001- Management Services (001- Risk Management-Overhead (001- Fleet Management (001- Fleet Rental (001- Department of Technology (001- Department of Technology- PC Rental (001- Risk Management-Overhead (001- Fleet Management (001- Fleet Rental (001- Department of Technology (001- 520-3521-7007)$ ( 754) 520-3521-7017) ( 257) 520-3521 -7025) 6,132 520-3521 -7027) 1,213 530-1280-7005) 277 530-1280-7025) ( 341) 530-1280-7027) 186 530-3213-7025) 6,827 530-4110-7005 ) 2,963 530-4110-7007) ( 399) 530-4110-7017 ) 2,678 530-4110-7025 ) 37,366 530-4110-7027 ) 36,644 530-4140-7025 ) 151 530-4140-7005) 736 530-4160-7007 ) ( 983) 530-4160-7017 ) ( 207) 530 -4160 - 7025 ) 4,251 530 -4160 - 7027 ) ( 897) 530-4210-7005 ) 3,817 530-4210-7007 ) 310 530-4210-7017) 268 530-4210-7025) 2,956 530-4210-7027) ( 3,382) 530-4211 -7005) 1,076 530-4211-7025) (19,686) 530-4211 -7027) 5,061 530-4310-7005) ( 3,400) 530-4310-7007 ) (26,247) 530-4310-7015) ('443) 530-4310-7017) 5,363 530-4310-7025) 1,516 530-4310-7027) (1,693) 560-3410-7005 ) 107,196 560-3410-7007 ) 13,850 560-3410-7017 ) ( 147) 560-3410-7025 ) ( 2,319) 560-3410-7027 ) ( 55) 610-8110-7005 ) 9,156 131 ) Department of Technology- PC Rental (001 - 132) Risk Management-Overhead (001- 133) Fleet Management (001- 134) Fleet Rental (001- 135) Department of Technology (001- 136) Department of Technology- PC Rental (001- 137) Risk Management-Overhead (001- 138) Fleet Management (001- 139) Fleet Rental (001- 140) Department of Technology (001- 141 ) Department of Technology- PC Rental (001 - 142) Fleet Management (001- 143) Fleet Rental (001- 144) Department of Technology (001- 145) Department of Technology- PC Rental (001 - Risk Management-Overhead (001- Department of Technology (001- Department of Technology- PC Rental (001- 146) 147) 148) 149) 15o) 151) 152) 153) 154) 155) 156) 157) 158) 159) 160) 161 ) 162) 163) 164) 165) 166) Department of Technology (001- Department of Technology- PC Rental (001- Risk Management-Overhead (001- Risk Management-Overhead (001- Risk Management-Overhead (001- Fleet Management (001- Fleet Rental (001- Risk Management-Overhead (001- Risk Management-Overhead (001- Fleet Management (001- Department of Technology- PC Rental (001- Department of Technology- PC Rental (001 - Department of Technology (001- Department of Technology- PC Rental (001- Fleet Management (001- Fleet Rental (001 - Department of Technology- PC Rental (001- Fleet Management (001- 610-8110 610 -8110 610-8110 610 -8110 620 -4340 620 -4340 620 -4340 620 -4340 620 -4340 620-7110 620-7110 620-7110 620-7110 630-1270 630-1270 630-1270 630-5110 63O-5110 630-5311 63O-5311 630-5311 630-5313 630-5314 630-5314 630-5314 630-5316 630-5318 630-5318 630 -8170 631 -3330 631 -3350 631-3350 631-3350 631-3350 631-3360 631-3360 -7007 ) $ -7017 ) - 7025 ) -7027 ) - 7005 ) - 7007 ) -7017 ) - 7025 ) - 7027 ) -7005 ) - 7007 ) - 7025 ) - 7027 ) - 7005 ) 2,589 60 2,388 4,622 314 (25,3O5) 266 (42,358) (23,246) 11,298 20,274 ( 4,604) 727 1,656 -7007) ( 3,169) -7017 ) ( 994) -7005 ) 83O -7007 ) ( 845) -7005 ) ( 2,896) -70O7 ) 4,495 -7017 ) ( 192) -7017 ) ( 713) -7017 ) ( 606) -7025 ) ( 2,013) -7O27 ) 1,718 -7017 ) ( 167) -7017 ) ( 249) - 7025 ) 683 - 7007 ) 1,386 - 7007 ) ( 538) -7005 ) ( 118) -7007 ) - 7025 ) - 7027 ) 846 3,540 91 - 7007 ) ( 460) -7025) ( 1,291) 167) Fleet Rental 168) Department of Technology- (001- 631-3360 -7027 ) $ 1,157 189) 190) (001- 650-2150-7007 ) ( 814) (001- 650-7310-7005) ( 3,370) PC Rental (001- 640-3111 -7007 ) ( 1,528) 169) Fleet Management (001- 640 -3111 -7025 ) ( 979) 170) Fleet Rental (001- 640 -3111 -7027 ) 771 171 ) Risk Management-Overhead (001- 640-3112 -7017 ) ( 406) 172) Fleet Management (001- 640-3112-7025 ) ( 7,317) 173) Fleet Rental (001- 640 -3112 -7027 ) 192 174) Department of Technology (001- 640 -3113 -7005 ) 6,941 175) Management Services (001- 640-3113 -7015 ) ( 2,059) 176) RiskManagement-Overhead (001- 640 -3113 -7017 ) 5,019 177) Fleet Management (001- 640 -3113 -7025 ) (25,660) 178) Fleet Rental (001- 640-3113 -7027 ) 29,874 179) Department of Technology (001- 640-3114 -7005 ) (86,852) 180) Management Services (001- 640 -3114 -7015 ) 4,278 181 ) RiskManagement-Overhead (001- 640-3114 -7017 ) ( 4,012) 182) Fleet Management (001- 640 -3114 - 7025 ) 360 183) Fleet Rental (001- 640 -3114 -7027 ) 120 184) Fleet Management (001- 640 -3115 - 7025 ) 3,317 185) Fleet Rental (001- 640 -3115 -7027 ) 3,589 186) Fleet Management (001- 640-3530-7025 ) ( 2,263) 187) Fleet Rental (001- 640-3530-7027 ) 2,325 188) Department of Technology- PC Rental Department of Technology Department of Technology- PC Rental (001- 650-7310-7007 ) 41,286 191 ) RiskManagement-Overhead (001- 650-7310 -7017 ) ( 316) 192) Fleet Management (001- 650-7310 -7025 ) ( 150) 193) Fleet Rental (001- 650-7310-7027 ) 107 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DEPARTMENT OF FINANCE CITY OF ROANOKE, VA. June 4,2001 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: Transfers of Internal Service Funds Budgets The City of Roanoke's Internal Service Funds account for certain services provided to departments of the other funds of the City. The Internal Service Funds recover their costs by charging the receiving departments for services provided. Budgeted funds for internal services are allocated in the General Fund in each fiscal year's budget throughout various departments based on estimated usage. Usage usually varies from the original estimates. Each fiscal year, at this time, it is necessary to make transfers between departments to provide sufficient funds for internal services for the fiscal year. This ordinance makes such transfers. The transfers do not increase the overall General Fund budget, but only reallocate amounts between departments. A summary of the total transfers in the attached budget ordinance is as follows: Department of Technology Department of Technology - PC Rental Management Services Risk Management Overhead Fleet Management Fleet Rental Total Budget Amount Net Revised Before Transfers Budget Transfers In/Out Amount $3,122,551 $0 $3,122,551 593,000 0 593,000 95,975 0 95,975 598,080 0 598,080 1,726,500 (44,348) 1,682,152 1,050,000 44,348 1,094,348 $7,186,106 $7,186,106 The attached budget ordinance will accomplish the required transfers. I recommend it for your approval. · 'Dir~'c~r of Finance JDG/THT Attachment CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5, 2001 File #60-184 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35388-060401 amending and reordaining certain sections of the 2000-2001 General Fund Appropriations, providing for transfer of funds in connection with employee fringe benefits. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager Kenneth S. Cronin, Director, Human Services Barry L. Key, Director, Management and Budget N:\CKMHlXAgenda.01XJune 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35388-060401. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 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 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Fund (1-84) ............................................ $190,550,356 I ) Extended Illness Leave Payment ( 001- 110 2 ) Termination Leave Wages ( 001- 110 3 ) FICA ( 001- 120 4 ) FICA ( 001- 130 5 ) FICA ( 001- 140 6 ) Termination Leave Wages ( 001- 140 7 ) FICA ( 001- 140 8 ) Unemployment Wages ( 001- 140 9 ) Extended Illness Leave Payment ( 001- 140 10 ) Termination Leave Wages ( 001- 140 11 ) FICA ( 001- 150 12 ) Termination Leave Wages ( 001- 210 13 ) Termination Leave Wages ( 001- 220 14 ) FICA ( 001- 240 15 ) Termination Leave Wages ( 001- 240 16 ) FICA ( 001- 250 17 ) Termination Leave Wages ( 001- 250 18 ) FICA ( 001- 250 19 ) Termination Leave Wages ( 001- 250 -1234 -1149 ) 3,375 -1234-1150 ) 815 -2111 -1120 ) (3,335) - 1233 - 1120 ) (2,686) -2140 -1120 ) (5,882) -2140-1150 ) 770 -3310-1120 ) (10,255) -3310-1145 ) 1,686 -3310 -1149 ) 8,495 -3310-1150 ) 37,583 -2210-1120 ) (4,508) -1220-1150 ) 4,939 - 1120 - 1150 ) 7,444 -1240-1120 ) (3,394) - 1240 - 1150 ) 670 -1231 -1120 ) (7,593) -1231 -1150 ) 7,828 -1232-1120 ) (3,004) -1232-1150 ) 318 20 ) Unemployment Wages 21 ) Termination Leave Wages 22 ) FICA 23 ) Unemployment Wages 24 ) Termination Leave Wages 25 ) FICA 26 ) Termination Leave.Wages 27 ) FICA 28 ) Unemployment Wages 29 ) FICA 30 ) Termination Leave Wages 31 ) FICA 32 ) Unemployment Wages 33 ) Termination Leave Wages 34 ) Termination Leave Wages 35 ) FICA 36 ) Termination Leave Wages 37 ) FICA 38 ) Termination Leave Wages 39 ) FICA 4O ) FICA 41 ) FICA 42 ) Termination Leave Wages 43 ) FICA 44 ) FICA 45 ) FICA 46 ) Unemployment Wages 47 ) Termination Leave Wages 48 ) Termination Leave Wages 49 ) FICA 50 ) Unemployment Wages 51 ) Termination Leave Wages 52 ) FICA 53 ) Termination Leave Wages 54 ) FICA 55 ) Unemployment Wages 56 ) Termination Leave Wages 57 ) FICA 58 ) Unemployment Wages 59 ) Termination Leave Wages 60 ) Unemployment Wages 61 ) Termination Leave Wages 62 ) FICA 63 ) Unemployment Wages 64 ) Termination Leave Wages ( 001- 250 -9110 -1145 ) ( 001- 250 -9110 -1150 ) ( 001- 300-1211 -1120 ) ( 001- 300 -1211 -1145 ) ( 001- 300 -1211 -1150 ) ( 001- 310 -3520 -1120 ) ( 001- 310-8120 -1150 ) ( 001- 410-1212 -1120 ) ( 001- 410 -1213 -1145 ) ( 001- 420 -1261 -1120 ) ( 001- 430 -4130 - 1150 ) ( 001- 430 -4170 -1120 ) ( 001- 430 -4170 - 1145 ) ( 001- 430 -4170 -1150 ) ( 001- 440 -1237 -1150 ) ( 001- 440-4220 -1120 ) ( 001- 440-4220 -1150 ) ( 001- 440-4330-1120 ) ( 001- 440 -4330 -1150 ) ( 001- 520 -3211 - 1120 ) ( 001- 520-3212-1120 ) ( 001- 520 -3213 -1120 ) ( 001- 520 -3213 - 1150 ) ( 001- 520 -3521 -1120 ) ( 001- 530-4110-1120 ) ( 001- 530-4160-1120 ) ( 001- 530-4210 -1145 ) ( 001- 530 -4210 -1150 ) (001- 530-4211 -1150 ) ( 001- 530 -4310 -1120 ) (001- 530-4310-1145 ) ( 001- 530 -4310 - 1150 ) ( 001- 560 -3410 -1120 ) (001- 610-8110-1150 ) ( 001- 620 -4340 - 1120 ) ( 001- 620 -4340 -1145 ) ( 001- 620 -4340 - 1150 ) ( 001- 620 -7110 -1120 ) (001- 620-7110 -1145 ) ( 001- 620 -7110 -1150 ) ( 001- 630 - 1270 - 1145 ) ( 001- 630 -5311 -1150 ) ( 001- 630-5313-1120 ) ( 001- 630 -5313 -1145 ) (001- 630-5313 -1150 ) $ (35,000) (91,275) (18,888) 1,201 45,917 (3,735) 15,821 (7,135) 186 (4,811) 1,571 2,716 4,288 5,886 3,575 (8,390) 3,611 (14,406) 1,609 (3,209) (5,402) 15,652 21,839 (18,029) (10,895) (2,782) 378 7,792 362 (10,162) 3,714 3,035 (2,755) 5,106 (21,548) 9,811 3,094 (4,060) 678 17,125 9,838 16,001 (7,380) 3,215 19,330 65 ) FICA ( 001- 630 66 ) Termination Leave Wages ( 001- 630 67 ) FICA ( 001- 630 68 ) Termination Leave Wages ( 001- 631 69 ) Termination Leave Wages ( 001- 631 70 ) Extended Illness Leave Payment ( 001- 640 71 ) Termination Leave Wages ( 001- 640 72 ) FI'CA ( 001- 640 73 ) FICA ( 001- 640 74 ) Unemployment Wages ( 001- 640 75 ) Extended Illness Leave Payment ( 001- 640 76 ) Termination Leave Wages ( 001- 640 77 ) FICA ( 001- 640 78 ) Termination Leave Wages ( 001- 640 79 ) FICA ( 001- 640 80 ) FICA ( 001-640 81 ) Termination Leave Wages ( 001- 640 82 ) FICA ( 001- 650 83 ) Extended Illness Leave Payment ( 001- 650 84 ) Termination Leave Wages ( 001- 650 -5314-1120 ) $ (7,894) -5314 -1150 ) 13,151 -5316 -1120 ) (2,748) -3350 -1150 ) 694 -3360 -1150 ) 1,950 -3111 -1149 ) 895 -3111 -1150 ) 5,728 -3112 -1120 ) (9,326) -3113 -1120 ) (42,637) -3113 -1145 ) 777 -3113 -1149 ) 5,427 -3113 -1150 ) 27,804 -3114 -1120 ) 9,762 -3114 -1150 ) 5,519. -3115-1120) ( 107) -3530-1120 ) (3,631) - 3530 - 1150 ) 500 -7310-1120 ) (9,632) -7310 -1149 ) 1,023 -7310 -1150 ) 15,990 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DEPARTMENT OF FINANCE CITY OF ROANOKE, VA. June 4,2001 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: Transfers of Employee Fringe Benefits Budgets The fiscal year 2000-2001 General Fund Budget included funds in the nondepartmental category for unemployment wages and termination leave wages. These fringe benefits are budgeted at estimated amounts in the nondepartmental category because annual charges of each department are difficult to project. Actual costs are charged to departments in anticipation of budget transfers to cover the costs. The attached budget ordinance transfers funds from the nondepartmental category to the applicable departmental budgets. As needed, available funding related to one type of fringe benefit is also used to supplement funding needed in other areas. In FY02, excess funding for FICA is used to provide for estimated annual expenditures for unemployment wages, extended illness leave payments, and termination leave wages. The transfers do not increase the General Fund budget in total, but only reallocate amounts between departments. A summary of the total transfers in the attached budget ordinance is as follows: FICA Unemployment Wages Extended Illness Termination Leave Wages Total Budget Amount Net Revised Before Transfers Budget Transfers In/Out Amount $ 4,554,422 ($ 232,089) $4,322,333 35,000 772 35,772 0 19,215 19,215 91,275 212,102 303,377 $ 4,680,697 $ 0 $4,680,697 The attached budget ordinance will accomplish the required transfers. I recommend it for your approval. direc{j~' of F~nance JDGFFHT Attachment CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5, 2001 File #24-79-330 James D. Grisso Director of Finance Roanoke, Virginia Dadene L. Burcham City Manager Roanoke, Virginia Dear Mr. Grisso and Ms. Burcham: I am attaching copy of Ordinance No. 35389-060401 amending subsection (4) of Section 32-169, Electric consumer utility tax, and subsection (4) of Section 32-170, Natural gas utility tax, Article VII, Tax on Purchase of Utility Services, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by changing the utility tax due date for electric and gas utilities from the twentieth of the month to the date on or before the last day of the succeeding month of collection, in compliance with the Code of Virginia, effective on and after June 4, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Stdckland, Judge, Twenty-Third Judicial Circuit of Virginia H:',~.g~nda.01'0'un¢ 4, 2001 corr~l~nd~nc.wlxl James D. Grisso June 5, 2001 Page 2 pc: The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The George W. Harris, Jr., Judge, General District Court The Vincent A. Lilley, Judge, General District Court The William D. Broadhurst, Judge, General District Court The Jacqueline F. Ward Talevi, Judge, General District Court John B. Ferguson, Chief Judge, Juvenile and Domestic Relations Honorable Honorable Honorable Honorable The Honorable District Court The Honorable District Court The Honorable Court The Honorable Court Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations Philip Trompeter, Judge, Juvenile and Domestic Relations-District Joseph P. Bounds, Judge, Juvenile and Domestic Relations District' The Honorable Donald S. Caldwell, Commonwealth's Attorney Transmitted by electronic mail to Municipal Code Corporation Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General Distdct Court David C. Wells, Clerk, Juvenile and Domestic Relations Distdct Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Dadene L. Burcham, City Manager Dana D. Long, Chief, Billings and Collections H:k&genda.01klune 4, 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: clerka~ci.roanoke.va.us June 11,2001 File #24-79-330 STEPHANIE M. MOON Deputy City Clerk CERTIFIED MAIL-RETURN RECEIPT REQUESTED Dear Sir or Madam: I am enclosing copy of Ordinance No. 35389-060401 amending subsection (4) of-Section 32-169, Electric consumer utility tax, and subsection (4) of Section 32-170, Natural gas utility tax, Article VII, Tax on Purchase of Utility Services, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by changing the utility tax due date for electric and gas utilities from the twentieth of the month to the date on or before the last day of the succeeding month of collection, in compliance with the Code of Virginia, effective on or after June 4, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure N:\CKMHl'~Agenda. OlXJune 4, 2001 correspondence.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us June 11,2001 File #24-79-330 STEPHANIE M. MOON Deputy City Clerk CERTIFIED MAIL-RETURN RECEIPT REQUESTED Dear Sir or Madam: I am enclosing copy of Ordinance No. 35389-060401 amending subsection (4) of Section 32-169, Electric consumer utility tax, and subsection (4) of Section 32-170, Natural gas utility tax, Article VII, Tax on Purchase of Utility Services, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by changing the utility tax due date for electric and gas utilities from the twentieth of the month to the date on or before the last day of the succeeding month of collection, in compliance with the Code of Virginia, effective on or after June 4, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure N:\CKMHl~Agenda.01~June 4, 2001 correspondence.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of JUne, 200l. No. 35389-060401. AN ORDINANCE amending subsection (4) of §32-169, Electric consumer utility tax, and subsection (4) of §32-170, Natural gas utility tax, of Article VII, Tax on Purchase of Utility Services, of Chapter 32, Taxation., of the Code of the City of Roanoke (1979), as amended, by changing the utility tax due date for electric and gas utilities from the twentieth of the mo_nth to the date on or before the last day of the succeeding month of collection, in compliance with the Code of Virginia; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (4) of §32-169, Electric consumer utility tax, and subsection (4) of §32- 170, Natural gas utility tax, of Article VII, Tax on Purchase of Utility Services, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 32-169. Electric consumer utility tax. (4) The service provider shall bill the electricity consumer tax to all users who are subject to the tax and to whom it delivers electricity and shall remit the same to the city on a monthly basis. Such taxes shall be paid by the service provider to the city in accordance with section 58.1-3814, paragraphs F and G, section 58.1-2901, Code of Virginia (1950), as amended. If any consumer receives and pays for electricity but refuses to pay the tax imposed by this section, the service provider shall notify the city of the name and address of such consumer. If any consumer fails to pay a bill issued by a service provider, including the tax imposed by this section, the service provider must follow its normal collection procedures and upon collection of the bill or any part thereof must apportion the net amount collected between the charge for electric service and the tax and remit the tax portion to the city. (a) (b) Every seller with respect to which a tax is levied under this article shall make out a report, upon such form and setting forth such information as the director of finance may prescribe and require, showing the amount of utility services purchased, the tax required to be collected and the name and address of any purchaser who has refused to pay his tax, and shall sign and deliver such report to the treasurer with a remittance of such tax. Such reports and remittance shall be made on or before the last day of the succeeding month of collection covering the amount of tax collected during the preceding month. Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to the city. Sec. 32-170. Natural gas utili _ty tax (4) The service provider shall bill the local natural gas utility tax to all users who are subject to the tax and to whom it delivers natural gas and shall remit the same to the city on a monthly basis. Such taxes shall be paid by the service provider, to this jurisdiction in accordance with section 58.1-3814, paragraphs H. and I. and section 58.1-2901, Code of Virginia (1950), as amended. (a) If any consumer receives and pays for gas but refuses to pay the tax imposed by this section, the service provider shall notify the city of the name and address of such consumer. If any consumer fails to pay a bill issued by a service provider, including the tax imposed by this section, the service provider must follow its normal collection procedures and upon collection of the bill or any part thereof must apportion the net amount collected between the charge for natural gas service and the tax and remit the tax portion to the city. Every seller with respect to which a tax is levied under this article shall make out a report, upon such forms and setting forth such information as the director of finance may prescribe and require, showing the amount of utility services purchased, the tax required to be collected, and the name and address of any purchaser who has refused to pay his tax, and shall sign and deliver such report to the treasurer with a remittance of such tax. Such reports and remittance (c) shall be made.on or before the last day of the succeeding month of collection coveting the amount of tax collected during the preceding month. Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to the city. 2. The City Clerk is directed to send forthwith an attested copy of this ordinance, by certified mail, to the registered agent of every utility corporation or private distribution company affected by this ordinance, in conformance with §58.1-3814. B., Code of Virginia. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after June 4,2001. City Clerk. 3 N:\CAD~Me~ur~'~O-CA-UfilityTax D~e Dute (06=04-01) JAMES D. GRISSO Director of Finance June 4,2001 CITY OF ROANOKE DEPARTMENT OF FINANC~ 215 Church Avenue, S.W., Room 461 R O. Box 1220 '~ Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director 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 Subject: Ordinance change for payment due date for Consumer Utility Tax Dear Mayor Smith and Members of City Council: Background: In October 2000, the Consumer Utility Tax Ordinance was amended to comply with legislation which deregulated the electric and natural gas industries in the state. Review of that legislation indicates that the due dates of the monthly tax remittances need to be changed to correspond to that legislation. Currently, the city code provides that the Consumer Utility Tax is due on the 20th day of the month following the month in which the tax was collected. Section 58.1-3814 of the Code of Virginia specifies that the utility shall remit "such tax to the appropriate locality in accordance with Section 58.1-2901 ." Section 58.1-2901, which pertains to the new Consumption Tax (not the consumer utility tax), details that the tax "shall be remitted monthly on or before the last day of the succeeding month of collection." This means that under the new legislation that both the existing Consumer Utility Tax and the local portion of the new Consumption Tax are both due to the locality on or before the last day of the month following the month in which the tax was collected. Considerations: This change will bring the city's code into compliance with the Code of Virginia. This will also ensure consistent payment dates for the electric and natural gas utilities for both the Consumer Utility Tax and the Consumption Tax. Although the city will be receiving the tax payments ten to eleven days later than previously received, the fiscal impact will be nominal. Honorable Mayor and Members of City Council June 4, 2001 Page 2 Recommended Action: City Council adopt the attached ordinance amending the electric and natural gas consumer utility tax to provide for a payment date as specified in Section 58.1-2901 of the Code of Virginia. Respectfully Submitted, Director of Finance JDG/DDL:s Attachment CZ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary R. Parker, City Clerk Jesse A. Hall, Deputy Director of Finance Dana D. Long, Chief, Billings & Collections RUSSELL M. BLAU DIRECT DIAL (202) 424-7835 RMBLAU~z)SWIDLAW.COM SWIDLER BERLIN SHEREFF FRIEDMAN, LLP 3000 K STREET, NW, SUITE 300 WASHINGTON, DC 20007-5116 (7" '~; TELEPHONE (202)424-7500 FACSIMILE (202) 424-7645 - WWW.SWIDLAW.COM NEW YORK OFFICE 405 LEXINGTON AVENUE NEW YORK, NY 10174 Mary F. Parker City Clerk City of Roanoke 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011-2541 June 15, 2001 xr~.3 Dear Ms. Parker: I am returning the enclosed correspondence from you, addressed to me on behalf of MFN of VA, LLC. Please be advised that I am not, and have not been for some time, the designated representative of MFN of VA. According to the Virginia State Corporation Commission's records, the contact person for this company is as follows: MFN of VA, L.L.C. Robin Hauer, Vice President c/o Metromedia Fiber Network Services, Inc. 360 Hamilton Avenue White Plains, New York 10601 To avoid future problems of this nature, I suggest you request a current list of certificated telephone companies from the State Corporation Commission. Sincerely, 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 June 5,2001 File #247 STEPHANIE M. MOON Deputy City Clerk John H. Parrott, Chair Hotel Roanoke Conference Center Commission P. O. Box 1628 Roanoke, Virginia 24008 Dear Mr. Parrott: I am enclosing copy of ResolutiOn No. 35391-060401 approving the annual operating budget of the Hotel Roanoke Conference Center Commission for fiscal year 2001-02, in the amount of $3,772,000.00, with the City's share of the operating subsidy being established at $175,000.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm Enclosure pc: Mary F. Parker, CMC City Clerk Dr. Raymond D. Smoot, Secretary, Hotel Roanoke Conference Center Commission, Virginia Tech, 312 Burruss Hall, Blacksburg, Virginia 24061 Dadene L. Burcham, City Manager James D. Grisso, Director of Finance 'George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget Deborah S. Moses, Executive Director, Hotel Roanoke Conference Center N:\CKMHlXAgcnda.01XJune 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2001. No. 35391-060401. A RESOLUTION approving the annual operating budget of the Hotel Roanoke Conference Center Commission for Fiscal Year 2001-2002. WHEREAS, §21 of the Hotel Roanoke Conference Center Commission-Act {Chapter 440 of 1991 Acts of Assembly) requires that each participating party approve the Commission's proposed operating budget for the forthcoming fiscal year; WHEREAS, the Commission has submitted to this Council a proposed operating budget showing estimated revenues in the amount of $3,772,000 and expenses in the amount of $3,772,000 for Fiscal Year 2001-2002, with the City share of the operating subsidy being established at $175,000; and WHEREAS, this Council desires to approve such proposed budget; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the annual operating budget for the Hotel Roanoke Conference Center Commission for Fiscal Year 2001-2002, a copy of which is attached to the report of the Director of Finance to this Council, dated June 4, 2001, with the City's share of the operating subsidy being established at $175,000, is hereby approved. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5, 2001 File #60-247 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35390-060401 amending and reordaining certain sections of the 2001-2002 Hotel Roanoke Conference Center Commission Fund Appropriations, in connection with approval of the annual operating budget of the Hotel Roanoke Conference Center Commission for fiscal year 2002. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm Attachment pc: Mary F. Parker, CMC City Clerk John H. Parrott, Chair, Hotel Roanoke Conference Center Commission, 1628, Roanoke, Virginia 24008 Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget Deborah S. Moses, Executive Director, Hotel Roanoke Conference Center P. O. Box N:\CKMHlXAgenda.01',June 4, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35390-060401. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Hotel Roanoke Conference Center Commission 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 Hotel Roanoke Conference Center Commission Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A=~ro~riations Operating Personal Services (1) ........................................ Contractual Services (2) ...................................... Other Charges (3-5) ......................................... Revenues $ 350,000 100,000 50,000 200,000 Nonoperating City Contribution (6) ......................................... Virginia Tech Contribution (7) ................................. 1) Regular Employee Salaries 2) Fees for Professional Services 3) Training and Development 4) Administration 5) Furniture and Equipment > $2,500 6) City Contribution 7) Virginia Tech Contribution (010-320-9500-1002) (010-320-9500-2010) (010-320-9500-2044) (010-320-9500-2092) (010-320-9500-9005) (010-320-1234-1125) (010-320-1234-1128) $100,000 50,000 2,000 8,000 190,000 175,000 175,000 $ 350,000 175,000 175,000 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 June 4,2001 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 R O. Box 1220 '~'i Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Council Members: Background: The Hotel Roanoke Conference Center Commission was created by the Virginia General Assembly in 1991 to construct, equip, maintain and operate the Conference Center of Roanoke adjacent to the Hotel Roanoke. The City of Roanoke and Virginia Tech are participating entities in the Commission. In 1992, City Council authorized the establishment of an Agency Fund entitled "Hotel Roanoke Conference Center Commission." The enabling legislation for the Commission allows for the participating parties to equally contribute funds to the Commission to fund operating deficits of the Commission and to enable the Commission to expend such revenues for their proper purposes. The budget must be approved by each of the participating entities. City Council included $175,000 in the FY 01-02 General Fund adopted budget to be used for such purposes. Considerations: The Hotel Roanoke Conference Center Commission recommends the attached FY01-02 budget for your consideration. Recommended Action: City Council approve the Hotel Roanoke Conference Center Commission Budget for FY01-02, appropriate $350,000 to the Conference Center Agency Fund accounts and establish revenue estimates of $175,000 each for the City of Roanoke and Virginia Tech contributions. Respectively submitted, Director of Finance JDG:s Attachment Honorable Mayor and Members of City Council June 4, 2001 Page 2 C~ Darlene L. Burcham, City Manager John H. Parrott, Chairman, Hotel Roanoke Conference Center Commission William M. Hackworth, City Attorney Mary F. Parker, City Clerk Barry S. Key, Manager, Office of Management and Budget City of Roanoke Hotel Roanoke Conference Center Fund Operating Budget for the Fiscal Year Ending June 30, 2002 Operating Revenues Conference Commission Center Total $ - $ 3,328,000 $ 3,328,000 Total Operating Revenues Non-Operating Revenues City of Roanoke Virginia Tech Commission Retained Earnings Total Revenues 3,328,000 3,328,000 175,000 175,000 350,000 $ 3,328,000 175,000 175,000 94,000 $ 3,772,000 Operating Expenses Commission Personal Services Professional Services Administration Professional Development Fixed Asset Replacement Conference Center Operating Fixed Asset Replacement Expenses $ 100,000 $ - 50,000 - 8,000 - 2,000 - 190,000 - $ 100,000 50,000 8,000 2,000 190,000 3,048,000 3,048,000 374,000 374,000 Total Operating Expenses $ 350,000 $___ 3,422,000 $ 3,772,000 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk June 5, 2001 File #60-178-236 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35392-060401 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of funds in connection with the Community Development Block Grant (CDBG) program and HOME program income from the Roanoke Redevelopment and Housing Authority, and CDBG miscellaneous program income. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 4, 2001. Sincerely, MFP:sm Attachment pc: Mary F. Parker, CMC City Clerk Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget Frank E. Baratta, Grants Compliance Officer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of June, 2001. No. 35392-060401. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund AlJpropriations, 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 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~DroDriations Community Development Block Grant FY01 Community Development Block Grant Unprogrammed - FY01 (1-2)... HOME Program HOME Unprogrammed - FY01 (3) ............................. Revenues $ 3,O93,254 589,957 $ 4,671 ,O79 40,121 Community Development Block Grant FY01 (4-9) ................... HOME Program (10) ......................................... $ 3,093,254 4,671,079 1) Unprogrammed CDBG - Other (035-G01-0140-5189) $ 66,979 2) Unprogrammed CDBG- RRHA (035-G01-0140-5197) 189,007 3) Unprogrammed HOME Funds (035-090-5323-5320) 11,516 4) Parking Lot Income (035-G01-0100-0002) 25,900 5) Other Program Income- RRHA (035-G01-0100-0003) 28,604 6) Williamson Road Garage (035-G01-0100-0007) 60,050 7) Home Ownership Assistance (035-G01-0100-0022) 6,929 8) Rental Rehabilitation Replacement 9) Land Sale 10) HOME Loan Replacement (035-G01-0100-0040) (035-G01-0100-0042) (035-035-1234-7235) $ 30,118 104,385 11,516 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 June 4,2001 CITY OF ROANOKE DEPARTMENT ~OF FINANCE 215 Church Avenue, ~W., Room.461 R O. Box1~;~0 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director The Honorable Ralph K. Smith, Mayor The Honorable William H. Carder, Vice-Mayor The Honorable William D. Bestpitch, Council Member The Honorable C. Nelson Harris, Council Member The Honorable W. Alvin Hudson, Jr., Council Member The Honorable William White, Sr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: CDBG Program Income from Roanoke Redevelopment and Housing Authority By agreement with the City of Roanoke, the Roanoke Redevelopment and Housing Authority administers a large segment of the City's Community Development Block Grant program. The Housing Authority receives program income during the course of its administration of various projects through the sale of land and the receipt of loan repayments from project area residents. The Housing Authority is required to transfer this program income to the City of Roanoke. The City is required to use the income for eligible community development activities. The Housing Authority has made payments to the City in the amount of $189,007 from December 1,2000 to May 15, 2001 in excess of revenue estimates previously adopted. Of this amount, $104,385 resulted from the sale of property, $25,900 in parking lot rental, and $58,722 from various loan repayment programs. CDBG Miscellaneous Program Income The City has received miscellaneous program income as listed below. The amounts represent the difference between what was actually received and the amount that was previously adopted based on repayment estimates. $60,050 from the Williamson Road Parking Garage which was constructed in part using CDBG funds. $6,929 in various loan repayments. Honorable Mayor and Members of City Council June 4, 2001 Page 2 We recommend that City Council appropriate the total $255,986 in unanticipated CDBG program income as follows: Unprogrammed CDBG - Other- FY01 (035-G01-0140-5189) Unprogrammed CDBG - RRHA- FY01 (035-G01-0140-5197) $ 66,979 189,007 The amounts being appropriated to unprogrammed accounts will be available for future appropriation for eligible community development purposes. HOME Program Income The Housing Authority also administers a segment of the City's HOME program. The assistance provided by the Housing Authority is predominantly in the form of Iow- or no-interest active and deferred loans to eligible homeowners and homebuyers. Loan repayments constitute program income to the City's HOME program. As of May 15, 2001, loan repayments received in excess of budget estimate equal $11,516. We recommend that City Council appropriate $11,516 to the Unprogrammed HOME - FY01 account (035-090-5323-5320). This will be available for future appropriation for eligible HOME activities. I would be pleased to answer questions which City Council may have. Sincerely, Director of Finance JDG/THT:s C~ Dadene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Barry L. Key, Director of Management and Budget Frank E. Baratta, Grants Compliance COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fourth day of June, 2001, WENDI WAGNER was appointed as a member of the Youth Services Citizen Board for a term ending May 31,2004. 2001. Given under my hand and the Seal of the City of Roanoke this twelfth day of June, City Clerk N:\CKMHl'~genda.01Uune 4, 2001 correspondenc.wpd