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Council Actions 02-05-01
ROANOKE CITY CO UNCIL REGULAR SESSION CARDER 35193 FEBRUARY 5, 2001 12:15 P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. All Present. THE MEETING OF ROANOKE CITY COUNCIL WAS DECLARED IN RECESS TO BE RECONVENED AT 12:25 P.M., IN THE EMERGENCY OPERATIONS CENTER CONFERENCE ROOM, ROOM 159. Briefing on the 1-73 Project. Council went on record as opposing the option designated by the Virginia Department of Transportation as 376 through the City of Roanoke and opposing any other route through the City, other than 374 and 375 as shown on a map presented by VDOT representatives on February 5, 2001. (Vice-Mayor Carder and Mayor Smith voted no, Council Member Hudson was not present when the vote was recorded and Council Member White was absent.) File #77-544 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 #110-132 A communication from the City Attorney requesting a Closed Meeting to consult with legal counsel on a matter of actual litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. (Approved 6-0) File #132 A communication from Council Member 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 #132-184 ROANOKE CITY CO UNCIL RE G ULAR SESSION FEBRUARY 5, 2001 2:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. All Present. The Invocation was delivered by The Reverend Carl T. Tinsley, Pastor, First Baptist Church, Buena Vista, Virginia. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, February 8, 2001, at 7:00 p.m., and Saturday, February 10, 2001, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE ENTIRE 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.CI.ROANOKE.VA.US, 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. PRESENTATIONS: Proclamation declaring Monday, February 5 as Junior League of Roanoke Valley, Virginia, Inc. Oh My Stars! Day. File//3 CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. 4 C-1 C-3 C-4 C-5 C-6 C-7 Minutes of the regular meetings of Roanoke City Council held on Monday, August 7, 2000, and Monday, August 21, 2000. RECOMMENDED ACTION: File g132 Dispense with the reading and approve as recorded. A communication from James D. Ritchie, Deputy City Manager, submitting his resignation as a City representative to the Hotel Roanoke Conference Center Commission, effective April 1, 2001. RECOMMENDED ACTION: File gl 10-247 Receive and file the communication and accept the resignation. A communication from S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare, advising of the resignation of Ann Janney-Schultz as a member of the Blue Ridge Behavioral Healthcare Board of Directors. RECOMMENDED ACTION: File gl 10-314-335 Receive and file the communication and accept the resignation. A communication from Mark Petersen submitting his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee. RECOMMENDED ACTION: File gl 10-488 Receive and file the communication and accept the resignation. A communication from the City Manager requesting approval to advertise a special meeting of Council to conduct a joint public hearing on the South Jefferson Redevelopment Plan with the City Planning Commission and the Roanoke Redevelopment and Housing Authority on Monday, February 26, 2001, at 7:00 p.m., in Fitzpatrick Hall, the Jefferson Center, 541 Luck Avenue, S. W. RECOMMENDED ACTION: Concur in request. File g132-178-540 Qualification of Clarence W. Hall as a member of the Advisory Board of Human Development for a term ending November 30, 2004. RECOMMENDED ACTION: File gl5-110-318 Receive and file. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Request to discuss efforts of the Roanoke Neighborhood Parmership Steering Committee. Gloria Dorma, Spokesperson. Ms. Dorma reiterated her remarks to Council at its regular meeting on October 4, 1999, requesting that Council and City staff consider the matter of housing density in connection with new construction, particularly in the northwest section of the City. She asked that her remarks be referred not only to the City Manager, but to the City Attorney for review as to legal ramifications. File #488-178 bo Request to address United States Army opportunities. Lieutenant Harry C. Garner, Department of the United States Army, Roanoke Recruiting Station, Spokesperson. Council unanimously adopted a motion in support ofU. S. Army opportunities. File #549 PETITIONS AND COMMUNICATIONS: ao A communication from Council Member C. Nelson Harris, Chair, City Council Personnel Committee, requesting that the establishment of an Assistant City Clerk position be referred to fiscal year 2001-02 budget study. Referred to fiscal year 2001-02 Budget Study. File #38-60-184 bo A communication from Council Member William White, Sr., requesting that the matter of an increase in the City's transient room tax be referred to fiscal year 2001 - 02 budget study. Referred to fiscal year 2001-02 Budget Study. (Mayor Smith abstained from voting.) File #60-79 Se REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: 1. A communication with regard (25 minutes) to Crystal Springs Pumping Station. No action. File #468 A communication with regard to Wiley Drive. (15 minutes) Council voted to accept the report of the City Manager with the request that City staff review and report to Council by Tuesday, February 20, 2001, on the implications of not including Wasena Park in the proposed plan, pending completion of the flood control project on the Roanoke River by the U. S. Army Corps of Engineers and that any plan which is submitted to Council will address requirements of the Americans with Disabilities Act. (Council Member Bestpitch voted no.) File #67 Vice-Mayor Carder requested that City staff review the matter of installing stop signs at pedestrian crosswalks, and the posting of 13 mph as opposed to 15 mph speed limit signs. A communication with regard to the new Roanoke Web Site. (10 minutes) Received and filed. File #175-403 ITEMS RECOMMENDED FOR ACTION: A communication recommending that Council authorize the City Manager to enter into a one year agreement, with an option to renew for four additional one-year periods, with Woody Graphics, Inc., for commercial offset printing services, totaling approximately $51,307.00 per year, or approximately $256,535.00 over the five year period of the contract; and reject all other bids received by the City. Adopted Resolution No. 35194-020501. (7-0) File #409-467 A communication with regard to Affirmative Action and Diversity Initiatives for the calendar year 2000. Council Member White reiterated a previous request that the City's Affirmative Action and Diversity Initiatives report be submitted to Council, automatically, on an annual basis. Council Member Wyatt encouraged the City Manager to consider certain types of intensive diversity training programs for the City's managerial staff. Received and filed. File #411 A communication recommending approval of Change Order No. 7 to the contract with Thor, Inc., in the amount of $50,637.00, for the new Police Building. 7 Adopted Budget Ordinance 35196- 020501. (7-0) File #5 No. 35195-020501 and Ordinance No. o A communication recommending acceptance of a V-STOP Violence Against Women Grant from the Virginia Department of Criminal Justice Services, in the amount of $33,754.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance 35198 - 020501. (7-0) File #5-60-236 No. 35197-020501 and Resolution No. A communication recommending transfer of $10,500.00 from Capital Maintenance and Equipment Replacement Program funds to complete payment for construction of the Mill Mountain Center. Adopted Budget Ordinance No. 35199-020501. (7-0) File #60-67-270 A communication concurring in a bid committee recommendation to accept the proposal of The First National Bank of Atlanta, d/b/a Wachovia Bank Card Services, to provide purchasing cards for small purchases and travel expenses, for a period of one year, with an option to renew for two additional one-year periods. Adopted Resolution No. 35200-020501. (7-0) File #541 10. A communication recommending execution of an agreement between the Roanoke City School Board and the City of Roanoke, allowing the City to operate a fitness center at Jackson Middle School for use by the general public. Adopted Resolution No. 35201-020501. (7-0) File #467 11. A communication recommending an amendment to the Fee Compendium to establish uniform fees for use of certain fitness centers operated by the City of Roanoke. Adopted Resolution No. 35202-020501. (7-0) File #289-467 12. A communication recommending execution of a contract with the Virginia Department of Health for operation of the local Health Department; and transfer of $85,208.00 in connection therewith. Adopted Budget Ordinance No. 35203-020501 and Resolution No. 35204 - 020501. (7-0) File #22-60 13. A joint communication from the City Manager and the Director of Finance recommending execution of a lease agreement with SunTrust Leasing Corporation; and appropriation of $2,503,000.00 in connection therewith. Adopted Resolution No. 35193-020501. (7-0) The Mayor requested a report from the Director of Finance with regard to the cost of acquiring the equipment through the lease-purchase agreement versus the conventional method of equipment acquisition. File #60-373-472 CITY CLERK: A report advising of expiration of the three-year terms of office of Melinda J. Payne and Ruth C. Willson as Trustees of the Roanoke City School Board on June 30, 2001, and applications for the upcoming vacancies will be received in the City Clerk's Office until 5:00 p.m., on Friday, March 9, 2001. Received and filed. File #110-467 Co DIRECTOR OF FINANCE: A report recommending authorization to institute and conduct suits to collect delinquent real estate taxes and assessments by judicial sale. Adopted Resolution No. 35205-020501. (7-0) File #79-140 2. Financial report for the month of December 2000. e Received and filed. File #1 REPORTS OF COMMITTEES: ao A report of the Bid Committee recommending acceptance of the bid submitted by JMW, Inc., in the amount of $39,480.00, to remodel four City recreation centers (Mountain View, Buena Vista, Preston and Eureka) for compliance with the Americans with Disabilities Act; transferring funds totaling $48,200.00; and a statement of concurrence in the recommendation by the City Manager. Council Member W. Alvin Hudson, Jr., Chair. Adopted Budget Ordinance No. 35206-020501. (7-0) File #60-67-353 Co eo A report of the Bid Committee recommending acceptance of the bid submitted by Wyant Construction Co., Inc., in the amount of $98,950.00, to remodel seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal Springs) for compliance with the Americans with Disabilities Act; transferring funds totaling $113,000.00; and a statement of concurrence in the recommendation by the City Manager. Council Member W. Alvin Hudson, Jr., Chair. Adopted Budget Ordinance 35208 - 020501. (7-0) File #60-67-353 No. 35207-020501 and Ordinance No. A report of the Bid Committee recommending acceptance of the bid submitted by Construction Services of Roanoke, Inc., in the amount of $128,000.00, to renovate the public access elevator at the City Jail; transferring funds totaling $139,340.00; and a statement of concurrence in the recommendation by the City Manager. Council Member W. Alvin Hudson, Jr., Chair. Adopted Budget Ordinance 35210 - 020501. (7-0) File #60-123 No. 35209-020501 and Ordinance No. A report of the Water Resources Committee recommending acquisition of property rights needed by the City for construction of sidewalk, curb and gutter between Aspen Street and Hershberger Road, N. W. Council Member Linda F. Wyatt, Chair. Adopted Ordinance No. 35211-020501. (7-0) File #57-468 A report of the Water Resources Committee recommending that Council concur in a recommendation of the City Attorney with regard to the sale of vacated right-of-way. Council Member Linda F. Wyatt, Chair. Concurred in the recommendation. File #2-468 A report of the Water Resources Committee recommending that a public hearing be advertised and, lacking any comments to the contrary, authorize execution of a document to grant a 15-foot easement across City-owned property located at 348 Campbell Avenue, S. W., to Verizon Virginia, Inc., to install underground facilities for telephone service to the new police building. Concurred in the recommendation. File #5-28-166-291 7. UNFINISHED BUSINESS: NONE. 8. INTRODUCTION AND CONSIDERATION OF l0 ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Vice-Mayor Carder expressed concern with regard to the proliferation of paper boxes in the downtown area, especially in the Historic District, and requested that the matter be referred to the City Manager and the City Attorney for review and report to Council. File #144-66 bo Vice-Mayor Carder requested that an inventory be prepared listing all property owned by the City of Roanoke in the Roanoke Valley, the location, and proposed use of the property. File #166 Council Member Bestpitch referred to a briefing that was held during the 2001 Virginia Municipal League Legislative Day on Thursday, February 1, 2001, in Richmond, Virginia, with regard to natural gas prices. He advised that the gas companies have indicated that they will work with citizens to set up a budget payment plan, they are suspending any disconnections of gas at this time because of the winter season, and if any citizen is experiencing financial difficulty paying their gas bill, they are encouraged to contact their local gas company to inquire about a budget payment plan. File #17-330-458 Council Member Wyatt proposed that Council adopt a document entitled, "Proposed House Rules/Code of Conduct" which was approved, in concept, by Council at its July, 2000, retreat. A motion to adopt "City Council's House Rules/Code of Conduct", by deleting the word "partisanism" and inserting the word "partisanship", was approved. (Council Members Hudson and White voted no.) File #132 Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Ms. Helen E. Davis, 35 Patton Avenue, N. E., Ms. Fredrika Monk, 3343 Pittsfield Circle, N. W., Ms. Evelyn V. Bethel, 35 Patton Avenue, N. E., and Ms. Pernella C. Wilson, 3045 Willow Road, N. W., addressed Council in support of the reappointment of Barbara N. Duerk to the City Planning Commission. File #110-200 The Council meeting was declared in recess for continuation of the Closed Meeting. CERTIFICATION OF CLOSED SESSION. (4-0) (Council Members Bestpitch, Wyatt, and Mayor Smith were out of the Council Chamber when the vote was recorded.) The following persons were appointed/reappointed to boards and commissions: Robert J. Sparrow as a member of the Fair Housing Board for a term ending 3/31/2003. File #15-110-178 Thomas Pettigrew as a Director of the Industrial Development Authority for a term of four years commencing February 5, 2001, and ending October 20, 2004. Adopted Resolution No. 35212-020501. (7-0) File #15-110-207 Clay Wyatt as a member of the Youth Services Citizen Board for a term ending 5/31/2003. File #15-110-304 Darlene L. Burcham, City Manager as a member of the Roanoke Valley-Allegheny Regional Commission for a term ending 6/30/2003. File #15-110-326 Robert N. Richert as a member of the Architectural Review Board for a term ending 10/1/2004. File #15-110-249 Vickie S. Briggs as the City representative to the League of Older Americans, Board of Directors for a term of one year ending 2/28/2002. File #15-110-243 MARY F. PARKER, CMC City. Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk@ci.roanoke.va.us February 14, 2001 File #77-514 STEPHANIE M. MOON Deputy City Clerk Fred C. Altizer, District Administrator Virginia Department of Transportation P. O. Box 3071 Salem, Virginia 24153 Dear Mr. Altizer: At a regular meeting of the Council of the City of Roanoke which was held on Monday, February 5, 2001, City Council received a briefing by Virginia Department of Transportation representatives on the 1-73 project. City Council went on record as opposing the option designated by VDOT as 376 through the City of Roanoke and also opposing any other route through the City, other than 374 and 375 as shown on a map presented by VDOT representatives on February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: Darlene L. Burcham, City Manager Robert K. Bengtson, Director of Public Works H:~Agendas 2001\Corresp Feb 5 2001 .wpd Office of the City Manager January 26,2001 The Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: 1-73 Project Please reserve approximately 45 minutes on City Council's 12:15 p.m. briefing agenda on February 5, 2001, for discussion of the above named subject with representatives of VDOT. RKB/DLB/gpe C: City Clerk City Attorney Director of Finance Director of Public Works City Manager Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va,us RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 February 5, 2001 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 H:~Agenda 01\Closed Session on Vacancies wpd WILLIAM M. HACKWORTH CITY ATTORNEY 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 February 5, 2001 ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY A'I-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 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, William M. Hackworth City Attorney CITY OF ROANOKE ~(~~;~ CITY COUNCIL '~5~' 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 ..... Telephone: (540) 853-2541 Fax: (540) 853-1145 ~LPH K. SMIT~ Mayor February 5, 2001 (;;;-2 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. Sincerely, C. Nelson Harris, Chair City Council Personnel Committee CNH:sm N:\cksml~Agenda.01\Closed Session on Performance Evaluations wpd CITY OF ROANOKE WHEREAS, The Junior League of Roanoke Valley, Virginia, Inc., is an organization of women committed to promoting volunteerism, to improving the community through effective action and leadership of trained volunteers, and to ensuring that children and their families have the opportunities and services for optimal physical, educational, cultural, emotional and social growth and development; and WHEREAS, WHEREAS, duringfiscal year 2000-2001, The Junior League of Roanoke Valley, Virginia, Inc., will provide over $260, O00 for the Roanoke community to improve the lives of children and their families; and in June 1998, in response to overwhelming membership interest and enthusiasm, The Junior League of Roanoke Valley, Virginia, Inc., began the process of creating a high-quality coffee-table style book that would be offered for sale throughout the community which would provide a successful fund-raising opportunity to support the many Junior League projects within the Roanoke Valley; and WHEREAS, in September 2000, a collection of recipes, contributed by members of the Junior League, area restaurants, resorts and local caterers, together with photographs of areas of interest and a wide overview of area history, were printed in The Junior League of Roanoke Valley's Oh My Stars! Recipes That Shine cookbook. NOW, THEREFORE, L Ralph K. Smith, Mayor of the City of Roanoke, Virginia, in recognition and support of this worthwhile community organization and its efforts to improve the quality of life in the Roanoke Valley, do hereby proclaim Monday, February 5, 2001, throughout this great All-America City, as THE JUNIOR LEAGUE OF ROANOKE VALLEY, VIRGINIA, INC. OH MY STARS! DA E Given under our hands and the Seal of the City of Roanoke this fifih day of February in the year two thousand and one. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL August 7, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, August 7, 2000, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Rule 1, Reqular Meetincls of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. 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 ............................................... OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Deputy City Manager; William M. Hackworth, City Attorney; and Mary F. Parker, City Clerk. At 12:18 p.m., the Mayor declared the meeting in recess for a joint meeting of Council and the City of Roanoke Redevelopment and Housing Authority in the Emergency Operations Center Conference Room, Room 159, Municipal Building South. At 12:25 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, with Mayor Smith and Chairperson Willis Anderson presiding, and all Members of the Council in attendance. HOUSING AUTHORITY COMMISSIONERS PRESENT: Carolyn M. Bumbry, Christie L. Meredith, Ben J. Fink, H. Victor Gilchrist, Joseph F. Lynn and Willis M. Anderson. ABSENT: Commissioner James W. Burks, Jr. HOUSING AUTHORITY STAFF PRESENT: John P. Baker, Executive Director; John Grove, Attorney; Harry L. Zulauf, Director of Administration; Anita Lee, Director of Resident Services; Earl Saunders, Director of Housing Management; Robert Michaux, Director of Human Development; Evelyn Ringler, Administrative Assistant to the Executive Director; David Baldwin, Director of Customer Service and Project Director for Lincoln 2000; Fred A. Johnson, II, Director of Community Development; and Daniel Campbell, Rehabilitation Director. CITY STAFF PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Deputy City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Deputy Director of Finance; Kit B. Kiser, Assistant City Manager for Operations; George C. Snead, Assistant City Manager for Community Development; Mary F. Parker, City Clerk. HOUSING/AUTHORITY-COUNCIL: Chairman Anderson expressed appreciation to Council for hosting the annual meeting and welcomed Council Member Harris, Council's liaison representative, to the membership of the Housing Authority. He advised that the relationship between City Council and the Housing Authority is one of the oldest and most important partnerships fostered by the City and a great deal of progress has been made over the years as a result of the partnership. John P. Baker, Executive Director, reported on activities during the past year which have involved a close working relationship with the City administration; i.e.: a partnership with the Police Department on the Gun Buy Back Program; the Even Start Program with the Roanoke City Public School system; the Adolescent Health Care Partnership with the school system; proposed residential units in GOB south, and development of plans for the proposed South Jefferson Street redevelopment area. He advised that Housing Authority staff has made considerable commitments to the community during the last year; i.e.: two staff members serve on the Christmas in April Board of Directors and the Housing Authority sponsored one house; 76 per cent of Housing Authority staff contributed to the United Way Campaign which was encouraged by management as a way to reflect community partnership; staff participated in Clean Valley Day; the Housing Authority and staff continue to work with the City Manager and the City Administration to help revitalize neighborhoods, to continue economic development activities, and to improve service delivery to public housing residents in order to become a model for the country in public housing; work is moving forward with the Lincoln 2000 program; staff is reviewing a change in the way public housing is operated and maintained by involving residents to the highest possible level; and staff is reviewing ways to 'generate new sources of revenue as dollars continue to decease at the Federal government level. David Baldwin, Director of Customer Service and Project Director for Lincoln 2000, presented a report on the Lincoln 2000 project, which will create a significant change in the neighborhood community. He advised that a $15.1 million grant was 2 received from HUD to not only revitalize physical aspects of the neighborhood, but to provide services and to create economic opportunities for residents of the public housing development; it is planned to physically remodel the neighborhood to closely reflect other neighborhoods in Roanoke City; to create opportunities for residents to receive training and support services and to use the public housing redevelopment project as a catalyst for larger improvement in the Washington Park neighborhood. He explained that three buildings have been razed as an example of the demolition activities that will occur in the development, and some public housing units will be removed and replaced with Iow cost affordable duplexes and some single family homes. He advised that mixed use development exists beyond the borders of Lincoln Terrace and new home ownership opportunities will be created in the Washington Park neighborhood by purchasing some vacant lots and providing in-fill construction and rehabilitation loans to existing homer owners in the Washington Park neighborhood. He added that bids for Phase I of Lincoln Terrace will be received at the end of August, with construction anticipated to begin 30 - 60 days following award of the contract; approvals are needed from the Department of Housing and Urban Development which should be completed within 30 - 45 days; and throughout project planning and implementation, the Housing Authority has tried to insure that residents and other stakeholders have been afforded the opportunity to participate. He called attention to other projects involving the Housing Authority, the goal of which is to revitalize the City, which involved properties on Elm Avenue, and 4th Street and 13th Street that which are considered to be significant in view of their proximity to major corridors and entrances to the downtown area by improving those properties that had been in a state of decline for a number of years. Fred A. Johnson, Director of Community Development, discussed market rate housing in the downtown area, the status of the South Jefferson Street redevelopment area, and the home ownership program, and property acquisition. Daniel Campbell, Rehabilitation Director, advised that the Housing Authority recently completed its 24t~ year of activities in neighborhood rehabilitation and home ownership. He called attention to the home repair program that has been administered for a number of years involving emergency repairs to homes of Iow income families which is a program that allows the Housing Authority to intervene in housing situations if a life threatening situation occurs such as heating or electrical problems, etc., the Operation Paintbrush Program, the Consolidated Loan Program which is a mix of Community Development Block Grant funds with private funds from a line of credit that the Housing Authority obtains through a private lender, and over $1,410,000.00 have been committed to activities for primary owner/occupied housing. 3 Robert Michaux, Director of Human Development, reviewed background information on the inducement resolution process in connection with construction of a parking garage, surface parking lot, and certain site improvements related to the Roanoke Higher Education Center and the Greater Gainsboro Redevelopment Area Cooperation Agreement, which will be considered by Council at its 2:00 p.m. session. Anita Lee, Director of Resident Services, discussed services offered to public housing residents, the goal of which is to strengthen families and the community through employment opportunities for families living in assisted housing, entrepreneurship for youth by and broadening their development through a magazine developed for youth, health and fitness programming, a partnership with the Roanoke City school system through the Adolescent Health Care Partnership, establishment of the first Boys and Girls Club in the Lansdowne Park Housing development, promotion of the scouting program, promotion of the Even Start Program, provision of scholarships for youth, adults and graduating high school seniors, promotion of family self-sufficiency, adult training, GED training, promotion of independent living to remove residents from the roles of public housing thus enabling them to become productive citizens, and promotion of safe neighborhoods and community safety plans. Following questions and comments by the Members of Council, there being no further business, the Mayor declared the meeting of Roanoke City Council in recess at 1:40 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia. At 2:00 p.m., on Monday, August 7, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K. Smith ................................................................................................. 7. ABSENT: None ......................................................................................... OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Deputy City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Deputy 4 ACTION: Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend John L. Washington, Pastor, Faith and Hope Church of God and Christ. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. 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 a matter with regard to acquisition of real property for public purposes; to discuss a matter with regard to a prospective business, where no previous announcement of the interest of the business in locating its facilities in the City has been made; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (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 Closed Meeting to discuss personnel matters relating to 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. 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 ............................................................................................. PURCHASE-SALE OF PROPERTY: A report of the City Manager requesting 5 ACTION: ACTION: that Council convene in Closed Meeting to discuss a matter with regard to acquisition of real property for public purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the City Manager to convene in Closed Meeting to discuss a matter with regard to acquisition of real property for public purposes, 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 Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................. 0. INDUSTRIES-ECONOMIC DEVELOPMENT: A report of the City Manager requesting that Council convene in Closed Meeting to discuss a matter with regard to a prospective business, where no previous announcement of the interest of the business in locating its facilities in the City has been made, pursuant to Section 2.1 - 344 (A)(5), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the City Manager to convene in Closed Meeting to discuss a matter with regard to a prospective business, where no previous announcement of the interest of the business in locating its facilities in the City has been made, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................. PENSIONS-CULTURAL SERVICES COMMITTEE-ECONOMIC DEVELOPMENT- HUMAN DEVELOPMENT COMMITTEE-PERSONNEL DEPARTMENT-ROANOKE 6 ACTION: NEIGHBORHOOD PARTNERSHIP-GREENWAY SYSTEM-OATHS OF OFFICE- COMMITTEES: The following reports of qualification were before Council: Donna S. Johnson as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2004; Courtney A. Penn as a member of the Cultural Services Committee for a term ending June 30, 2001; William L. Bova as a member of the Economic Development Commission for a term ending June 30, 20O3; Glenn D. Radcliffe as a member of the Human Services Committee for a term ending June 30, 2001; Alphonzo L. Holland, Sr., and Carol D. Wright as members of the Personnel and Employment Practices Commission for terms ending June 30, 2003; and Henry Scholz for a term ending November 30, 2002, and Fredrick M. Williams to fill the unexpired term of Keith Moore, resigned, ending November 30, 2001, as members of the Roanoke Neighborhood Partnership Steering Committee. (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 Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 7 ACTION: PETITIONS AND COMMUNICATIONS: COUNCIL: A communication from Council Member Linda F. Wyatt recommending that the Mayor and the City Manager initiate conversations with representatives of surrounding localities for the purpose of establishing "Greater Roanoke Valley Work Sessions," was before Council. Ms. Wyatt advised that a "work session" format with the goal of developing "strategic plans" would be much more conducive to planned meetings with fellow elected officials from the surrounding localities of the Greater Roanoke Valley (Roanoke County, Salem, Vinton, Franklin County, Botetourt County, and Bedford County), and suggested that the work sessions be held bi-annually and that each session be devoted to a specific topic, such as transportation/mass transit, storm water management, or economic development, etc. (For full text, see communication on file in the City Clerk's Office.) Ms. Wyatt moved that Council concur in the recommendation. The motion was seconded by Mr. Harris and unanimously adopted. BLUE RIDGE COMMUNITY SERVICES: A communication from Rodney P. Furr, Chair, Blue Ridge Community Services Board of Directors, recommending ratification of certain revisions to the By-Laws of Blue Ridge Community Services, was before Council. It was advised that revisions have been made to reflect recent changes to the organizational structure, as follows: The name of the agency will become Blue Ridge Behavioral Healthcare, effective January 1, 2001, to better reflect their mission; The ordering of officers and their duties has been clarified and put into outline form; Composition of the meeting quorum has been redefined; Standing committees have been renamed and redefined to comply with their service restructuring; References to new Board member orientation have been deleted as duplicative because they are required elsewhere by regulation; and 8 ACTION: The period of notice for by-laws changes has been increased from five days to 15 days. (For full text, see communication on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the matter would be referred to the City Manager for study, report and recommendation to Council. BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS-VICTIM/WITNESS/JUROR PROGRAM: A communication from the Commonwealth's Attorney recommending acceptance of a grant made to the City by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Assistance Program, was before Council. It was advised that the Victim/Witness Assistance Program was awarded a 12 month, $100,960.00 grant for the period July 2000 through June 2001, to provide comprehensive information and direct services to crime victims and witnesses in accordance with the Virginia Crime Victim and Witness Rights Act; and cost to the City for the grant is $25,671.00 as a local cash match, for a total grant budget of $126,631.00, and local cash match is equal to that of fiscal year 1999-2000. The Commonwealth's Attorney recommended that Council accept Victim/Witness Grant No. 01-G8554VW00, in the amount of $100,960.00, with the City of Roanoke providing $25,671.00 as a local cash match from monies provided in the Transfer to Grant Fund account in the fiscal year 2000-01 budget, for a total grant of $126,631.00; authorize the City Manager to execute all documents to obtain the grant; and appropriate funds in the amount of $126,631.00 in revenue accounts to be established in the Grant Fund by the Director of Finance and to expenditure accounts as more fully set forth in the report. The City Manager submitted a written report concurring in the recommendation of the Commonwealth's Attorney. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34974-080700) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 342.) 9 /tr'TlON: Mr. Hudson moved the adoption of Ordinance No. 34974-080700. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................. ACTION: Mr. Hudson offered the following resolution: (#34975-080700) A RESOLUTION authorizing the acceptance of Grant No. 01- G8554VW00 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. (For full text of Resolution, see Resolution Book No. 63, page 343.) Mr. Hudson moved the adoption of Resolution No. 34975-080700. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: RECYCLING-REFUSE COLLECTION-STREETS AND ALLEYS: The City Manager introduced a briefing in connection with proposed changes to the City's solid waste collection program which will improve the overall appearance of the City's neighborhoods. Robert Bengtson, Director of Public Works, presented a summary of the 10 proposed changes, and advised that three primary areas of solid waste collection have been of concern to the City administration and to the community; i.e.: (1) collection of bulk items and brush, (2) providing recycling to all residents while using a new method of collection, and (3) moving solid waste collection out of a substantial percentage of the City's alleys to the curbside in front of the residence. He explained that the collection of bulk items and brush currently requires citizens to call the Customer Service Center to schedule a collection date which can occur anywhere from one to 13 days from the date of the call, and items must be placed at the curb the day before collection; however, it is now the City's goal to begin regular route collection of bulk items and brush on all streets beginning on or about October 2, 2000, which will provide residents with a weekly and regularly scheduled date for collection of bulk and brush that will likely coincide with the normal pickup date, enhance neighborhood appearance and eliminate call-ins by citizens to schedule collection, and implementation will require acquisition of two new vehicles for bulk and brush collection to allow the program to proceed as proposed. He added that the second area of change relates to recycling and it is proposed to introduce a fourth and final phase of recycling which includes the remainder of City streets and will also serve as a pilot program for a new co-mingled collection process. He advised that co-mingling means that the items to be recycled do not have to be sorted by using two gallon containers instead of the one 32-gallon container which is now used and the new process will allow a greater number of commodities to be collected on a weekly basis, alternating between newspapers and mixed paper products in one of the 25-gallon bins one week and bottles, cans and a greater variation of plastic containers in the second 25-gallon container the following week. He stated that the new weekly collection program is anticipated to increase the number of households that recycle and also increase the amount of material that is recycled, and the City's goal is to double the quantity of items that are recycled once the new program is extended to all households. He advised that initially, implementation will require that the City provide two new recycling bins per residence in the Phase IV area and semi-automated packer trucks will be used in the collection process rather than the existing trucks which will ultimately be taken out of service; the start date for recycling in the Phase IV area will depend upon the delivery of the new bins to the Solid Waste department for subsequent delivery to Phase IV residents, and November 2000 is the target date to begin the new program, with the process to be phased in to the remainder of the City after giving the new process sufficient time to gain the desired effect. He explained that the third area of change concerns alleys and curbside collection of solid waste; currently, solid waste is collected at the curb in front of 56 per cent of Roanoke's households and the remaining 40 per cent is collected from alleys; City alleys which were built in the 1930's are a poor fit for the solid waste vehicles of today and the goal is to come out of as many alleys as possible, with the collection of solid waste to be changed to curbside collection for as much as 85 per cent of Roanoke's households where the automated one arm bandit trucks can be put to greater use. He added that it is recognized that there are practical considerations such as the lay of the land, or on street parking that would continue to make alley collection appropriate for the remaining 15 per cent of residents; and implementation will require the acquisition of two new one arm bandit trucks, with implementation proposed for July 2001. He stated that all program changes will be accomplished within current staff levels, changes will be well publicized throughout the community and Council will be requested to adopt ordinance revisions in September which will take into account not only the above referenced program changes, but also certain issues that have been discussed in recent years with the citizens advisory committee such as the time of day that containers must be removed from the curb and the location where containers should be stored. The City Manager advised that once solid waste collection is moved to the front of the residence, alleys should be closed and should no longer be public rights-of-way maintained by the City, but should become the property of the adjacent property owner for maintenance purposes. Accordingly, she stated that a recommendation will be submitted to Council in regard to alley closures following the July 2001 implementation date for the proposed solid waste collection program. There was discussion with regard to provision of a type of lid with the proposed new recycling containers, and the merits of continuing the recycling program since only approximately seven per cent of City residents participate in recycling. The City Manager pointed out that the City does not have a user friendly recycling program and the Roanoke Valley has not promoted the preservation and conservation of its environment in the manner that it should. She stated that the purpose of the pilot program is to determine if weekly collection with a different kind of recycling bin and non-sorting will create a program that makes recycling as easy and convenient as possible for all citizens. She added that if the program does not work in the pilot area of the city, consideration should then be given to disbanding any recycling program, but until the City engages in a user friendly program, it should not cease its efforts at recycling because recycling has been successful in other parts of the state and the country. There was discussion with regard to elderly citizens who are physically unable to move their refuse containers to the curb and the City should insure that assistance will be provided for those individuals; whereupon, the City Manager pointed out that the City currently has a program in place to address the needs of those individuals. 12 Mr. Bob Caudle, 4231 Belford Street, S. W., complimented the City Manager and staff on the proposed revisions to the City's solid waste program. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that historically, the Roanoke Redevelopment and Housing Authority has administered a variety of HOME-funded housing programs for the City; on May 9, 2000, Council authorized the Housing Authority's 2000/01 HOME activities and funding, pursuant to Resolution No. 34798-050900, which approved submission of the City's 2000-2005 Consolidated Plan to the U. S. Department of Housing and Urban Development; and Council accepted 2000/01 HOME funds on June 19, 2000, pursuant to Ordinance No. 34882-061900 and Resolution No. 34883-061900, pending receipt of an approval letter from HUD which is currently completing the routine Congressional release process. It was further advised that in order for the Housing Authority to provide eligible City homeowners and buyers with the housing activities approved in the Consolidated Plan, Council's authorization to execute an agreement with the Housing Authority is needed; HOME funding is available in certain accounts listed on an attachment to the proposed agreement; the agreement contains a mutual indemnification clause by which both parties agree to indemnify the other for damages and expenses incurred as a result of the other party's conduct; and the effect of the clause is that, in certain circumstances, the City would waive its defense of Sovereign Immunity. The City Manager recommended authorization to execute the 2000-01 HOME Agreement with the Roanoke Redevelopment and Housing Authority, to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#34976-080700) A RESOLUTION authorizing the appropriate City officials to enter into the 2000-2001 HOME Investment Partnerships (HOME) Program Agreement with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. 13 ACTION: (For full text of Resolution, see Resolution Book No. 63, page 344.) Mr. Carder moved the adoption of Resolution No. 34976-080700. 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 ............................................................................................. HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that historically, the Roanoke Redevelopment and Housing Authority has administered numerous Community Development Block Grant-funded activities for the City, including housing rehabilitation and economic development activities; on May 9, 2000, Council authorized the Housing Authority's 2000-01 CDBG activities and funding, pursuant to Resolution No. 34798-050900, which approved submission of the City's Consolidated Plan to the U. S. Department of Housing and Urban Development; and Council accepted 2000-01 CDBG funds on June 19, 2000, pursuant to Resolution No. 34881-061900 and Ordinance No. 34880-061900, pending receipt of an approval letter from the Department of Housing and Urban Development, which is completing the routine Congressional release process. It was further advised that in order for the Housing Authority to provide eligible City homeowners and buyers with housing activities approved in the Consolidated Plan, Council's authorization to execute an agreement with the Housing Authority is necessary; CDBG funding is available in accounts listed in an attachment to the report; the proposed agreement contains a mutual indemnification provision clause in which both parties agree to indemnify the other for damages and expenses incurred as a result of the other party's conduct; and the effect of the clause is that, in certain circumstances, the City would waive its defense of Sovereign Immunity. The City Manager recommended authorization to execute a CDBG Agreement with the Roanoke Redevelopment Housing Authority. (For full text, see report on file in the City Clerk's Office.) Mr. Bestpitch offered the following resolution: 14 ACTION: (#34977-080700) A RESOLUTION authorizing the appropriate City officials to enter into the 2000-2001 Community Development Block Grant (CDBG) Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 63, page 346.) Mr. Bestpitch moved the adoption of Resolution No. 34977-080700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and MayorSmith ............................................................................................... 7. NAYS: None ............................................................................................. REGIONAL CHAMBER OF COMMERCE-GRANTS-TOURISM: The City Manager submitted a written report advising that since 1998, the Roanoke Regional Chamber of Commerce has conducted a "Community Business Development Initiative" program to promote business development in the central City; on May 9, 2000, Council authorized the Chamber's 2000-01 Community Development Block Grant activities and funding, pursuant to Resolution No. 34798-050900, which approved submission of the City's 2000-2005 Consolidated Plan to the U. S. Department of Housing and Urban Development (HUD); and Council accepted 2000-01 CDBG funds on June 19, 2000, pursuant to Ordinance No. 34880-061900 and Resolution No. 34881-061900, pending receipt of an approval letter from HUD, which is completing the routine Congressional release process. In order for the Chamber of Commerce to provide business development activities approved in the Consolidated Plan, the City Manager recommended authorization to execute the 2000-01 CDBG Agreement with the Chamber of Commerce, to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34978-080700) A RESOLUTION authorizing the execution of an agreement with the Roanoke Regional Chamber of Commerce for administration of Community Development Block Grant (CDBG) funds for FY 2000-2001, for services related to the promotion and development in the central area of the City. 15 ACTION: (For full text of Resolution, see Resolution Book No. 63, page 347.) Mr. Hudson moved the adoption of Resolution No. 34978-080700. 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 ............................................................................................. BUDGET-FIRE DEPARTMENT-EMERGENCY SERVICES-GRANTS-FLOOD REDUCTION/CONTROL: The City Manager submitted a written report advising that in December, 1999, the Federal Emergency Management Agency provided a $500,000.00 Project Impact Grant to assist the Cities of Roanoke and Salem, Roanoke County and the Town of Vinton to become disaster resistant; that during the past 18 months, an additional $484,535.00 in direct and in-kind donations have been provided by the four jurisdictions, the Virginia Department of Emergency Management and 89 business and community partners in the Roanoke Valley; in addition, 150 volunteers are working with Project Impact to develop short and long term strategic plans, and projects include community awareness programs, a map identifying hazards in the Roanoke Valley, elevation certificates, improvements in stormwater management programs, land use recommendations and emergency planning for businesses, etc., and the two-year grant ends in December 2000. It was further advised that continuation of the program not only protects the economic stability of the Roanoke Valley, but will improve opportunities for future grants in the areas of regional stormwater management, Geographic Information Systems (GIS), environment, public awareness and emergency response, as well as help to reduce flood insurance premiums for citizens and businesses; total cost of the program for the six month period beginning January 1 - June 30, 2001, is $35,000.00; cost per jurisdiction is pro-rated based on population, with the share of the City of Roanoke being $16,590.00; and the City's participation would be subject to participation by the localities of Roanoke County, Salem and Vinton. The City Manager recommended that Council adopt a measure endorsing the City's participation in Project Impact as a regional initiative, and authorizing the transfer of funds in the amount of $16,590.00 from General Fund Contingency (001- 300-9410-2199) to Emergency Management - Fees for Professional Services (001- 310-3520-2010). 16 ACTION: ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34979-080700) 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. 63, page 347.) Mr. Harris moved the adoption of Ordinance No. 34979-080700. 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 ............................................................................................. Mr. Harris offered the following resolution: (#34980-080700) A RESOLUTION authorizing the City's continued participation in Project Impact as a regional initiative for the purpose of building a disaster resistant community. (For full text of Resolution, see Resolution Book No. 63, page 348.) Mr. Harris moved the adoption of Resolution No. 34980-080700. 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 ............................................................................................. GRANTS-WEST END CENTER: The City Manager submitted a written report advising that the City of Roanoke receives entitlement grants each year under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs of the U. S. Department of Housing and Urban Development (HUD); HUD approval of the City's FY 2000-2001 CDBG Application is forthcoming 17 ACTION: ACTION: and a letter of approval is pending the routine Congressional release process; since 1979, the West End Center has served as a support system to children and their families by providing a comprehensive neighborhood outreach program, with current enrollment at 170 youth and a waiting list of 70; and in order to expand services, the West End Center has submitted proposals and funds have been appropriated totaling $185,000.00, for the purchase of a structure located at 1210 Patterson Avenue, S. W. It was further advised that since this is a voluntary sale by the owners of 1210 Patterson Avenue, S. W., relocation cost is not an issue; the agreed upon purchase price is $185,000.00; therefore, in order for the West End Center to acquire the property and for disbursement of grant funds, an agreement with the West End Center is necessary; and total contract amount will be $185,000.00, available as follows: $100,000.00 in Account No. 035-097-9741-5289 - West End Center- Master Expansion $85,000.00 in Account No. 035-G01-0137-5289 -West End Center-Master Expansion The City Manager recommended that she be authorized to execute a CDBG Subgrant Agreement with the West End Center, to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#34981-080700) A RESOLUTION authorizing the execution of a subgrant agreement and any necessary amendments thereto with West End Center Inc., for the acquisition of a structure located at 1210 Patterson Avenue, S. W., to expand the Center's services as a neighborhood outreach program, a Community Development Block grant program. (For full text of Resolution, see Resolution Book No. 63, page 350.) Mr. White moved the adoption of Resolution No. 34981-080700. The motion was secOnded by Mr. Hudson and adopted by the following vote: 18 AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and MayorSmith .............................................................................................. 7. NAYS: None ............................................................................................. INDUSTRIES-RAIL SERVICE: The City Manager submitted a written report advising that Moore's Lumber & Building Suppliers, Inc., currently operates a retail outlet at 2823 Franklin Road, S. W.; and Moore's is closing the store and plans to renovate an existing building at 3488 Aerial Way Drive (the former Napa Auto Parts), which will become its primary business outlet and is located within the City's Enterprise Zone Two. It was further advised that Moore's primarily supplies lumber, millwork, hardware and cabinetry to the professional single family homebuilding industry and grosses approximately $13 million in annual sales; as a distributor of lumber, plywood and drywall, Moore's relies on railroad transportation to deliver those products to its customer outlets; an estimated annual number of rail carloads to this location is 75 and the site on Aerial Way Drive does not have existing rail service; and Moore's has applied to the Department of Rail and Public Transportation for funds in the amount of $120,000.00 to offset the cost of laying 932 feet of track, at a total estimated cost of $175,000.00 which will be the responsibility of Moore's. It was explained that the General Assembly established the Industrial Access Railroad Track Program in 1995 to provide funding as an incentive to encourage industrial or commercial development in Virginia; the Program is not intended to fund projects that will not have a significant economic impact; as a part of Moore's application to the Department of Rail and Public Transportation, the local governing body is required to adopt a resolution in support of Moore's application for Industrial Access Railroad Track Funds; and the City has no financial obligations to the project. The City Manager recommended that Council adopt a measure in support of the application of Moore's Lumber and Building Supplies, Inc. for Industrial Access Railroad Track Funds. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: 19 ACTION: (#34982-080700) A RESOLUTION supporting Moore's Lumber & Building Suppliers, Inc.'s, application to the Commonwealth of Virginia's Department of Rail and Public Transportation for Industrial Access Railroad Track Funds. (For full text of Resolution, see Resolution Book No. 63, page 351.) Mr. Hudson moved the adoption of Resolution No. 34982-080700. 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-INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that Precision Technology USA, Inc., has requested the City's assistance with a commercial facility to be located in the former Tultex building on Glade View Drive; Precision Technology will design and manufacture mechanical power transmission and positioning equipment, including, among other things, gear boxes, ball screws, trapezoidal screws, planetary roller screws and linear actuators; Precision Technology has agreed to enter into a Performance Agreement with the City of Roanoke and the Industrial Development Authority; under the agreement, Precision Technology is required to invest $2.2 million over a six-year period on equipment installed and used at the above facility; and a total of 112 permanently staffed full-time positions will be established at the facility within six years from the date of the agreement. It was further advised that in return, the City of Roanoke will provide $75,000.00 toward Precision's purchase of new equipment through a grant from the Industrial Development Authority (IDA), up to $15,000.00 in improvements to the public rights-of-way leading to the facility, and up to $20,000.00 in job grants; and job grants would consist of $500.00 per job for newly hired City residents over a period of five years from the date of the agreement with the requirement that the employee will have to remain in the job position for at least one year before a job grant could be requested. The City Manager recommended that she be authorized to execute a Performance Agreement with the Industrial Development Authority and Precision Technology USA, Inc., and any other related documents and that Council appropriate 2O ACTION: ACTION: funds in the amount of $110,000.00 from undesignated capital funds to an account to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34983-080700) 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. 63, page 352.) Mr. White requested that the City monitor incentives under the Performance Agreement and that an independent review be conducted, to which request the City Manager concurred. John M. Huddle, Attorney, representing Precision Technology USA, Inc., expressed appreciation for the City's assistance. Mr. Harris moved the adoption of Ordinance No. 34983-080700. 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 ............................................................................................. Mr. Harris offered the following emergency ordinance: (#34984-080700) AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Industrial Development Authority of the City of Roanoke, Virginia (Authority), and Precision Technology USA, Inc. (Precision) that provides for Precision to make an investment in equipment to be used at Precision's facility in the City and to provide jobs at that facility; that the City will make an appropriation of up to $95,000.00 to the Authority, all for the purpose of promoting economic development in order to fund the grants that the Authority intends to make to Precision; that the City will provide certain public improvements in the vicinity of Precision's facility; and providing for an emergency. 21 ACTION: (For full text of Ordinance, see Ordinance Book No. 63, page 353.) Mr. Harris moved the adoption of Ordinance No. 34984-080700. 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 ............................................................................................. BUDGET-DOWNTOWN ROANOKE, INCORPORATED-ECONOMIC DEVELOPMENT-IMAX THEATRE: The City Manager submitted a written report advising that on Monday, June 5, 2000, Council adopted a motion to pledge $4 million and an acre of City-owned property beneath the former Hunter Viaduct toward a joint art museum and IMAX theater in downtown Roanoke; it was agreed that $300,000.00 of the $4 million would be provided as soon as possible to help advance progress on the project; the Art Museum of Western Virginia has requested that $150,000.00 of this funding commitment be provided immediately and that an additional $150,000.00 be provided after October 1, 2000; and funding is available for appropriation or transfer from the following accounts to fund the $300,000.00 commitment: Account 001-250-9310-9508 Transfers to Capital Projects Account 008-052-9575 Capital Improvement Reserve - Buildings and Structures Fiscal Year 99-00 Capital Maintenance and Equipment Replacement Program $ 75,000 $ 75,000 $150,000 The City Manager recommended that Council adopt a budget ordinance appropriating/transferring a total of $300,000.00 from accounts identified above to a new account in the Capital Projects Fund entitled, "Art Museum/IMAX Project". (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: "AN ORDINANCE to amend and certain reordain sections of the 2000-2001 General and Capital Projects Fund Appropriations, and providing for an emergency." 22 ACTION: ACTION: Mr. Hudson moved the adoption of the ordinance. The motion was seconded by Mr. Harris. Mr. White expressed support of the IMAX Theater project; however, he pointed out that no formal agreement was included with the City Manager's report. The City Manager advised that to date no formal agreement has been drafted, and funds are needed for preliminary design work, followed by fund raising, particularly at the State level. Before the City provides the land and the majority of funds, she stated that a formal agreement will be prepared, however, if Council is desirous of having the formal agreement at this point, she will proceed accordingly. Mr. Harris offered a substitute motion that action on the report be tabled until the next regular meeting of Council on Monday, August 21, 2000, at 2:00 p.m., pending receipt of a formal agreement. The motion was seconded by Mr. Hudson and unanimously adopted. BUDGET-GRANTS-ROANOKE SYMPHONY ORCHESTRA-ARTS COUNCIL OF ROANOKE VALLEY-MILL MOUNTAIN THEATRE-OPERA ROANOKE: The City Manager submitted a written report advising that notification has been received from the Commonwealth of Virginia Commission for the Arts that a $5,000.00 Local Government Challenge Grant has been awarded to the City of Roanoke; and application for the grant was made at the request of the Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, Mill Mountain Theatre, and Opera Roanoke. It was further advised that in order to receive the funds, the Virginia Commission for the Arts must obtain written confirmation that local tax revenue dollars will be used to match or exceed the amount of the grant; and for fiscal year 2000-01, the organizations above listed will receive local tax dollar funding through the Cultural Services Committee in the following amounts: · Arts Council of Roanoke Valley $11,500.00 · Roanoke Symphony Orchestra 21,500.00 · Mill Mountain Theatre 9,500.00 · Opera Roanoke 6,272.00 The City Manager recommended that Council adopt a resolution authorizing acceptance of the grant, appropriation of funds to an account to be established by the Director of Finance in the Grant Fund entitled, "Challenge Grant FY01", and establishment of a revenue estimate of $5,000.00, allowing the grant funds to be distributed to the four sponsoring agencies, in the amount of $1,250.00 each. 23 ACTION: ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34985-080700) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 354.) Mr. Harris moved the adoption of Ordinance No. 34985-080700. 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 ............................................................................................. Mr. Harris offered the following resolution: (#34986-080700) A RESOLUTION authorizing the acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts. (For full text of Resolution, see Resolution Book No. 63, page 355.) Mr. Harris moved the adoption of Resolution No. 34986-080700. 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 ............................................................................................. PURCHASE/SALE OF PROPERTY-BUDGET-HOUSING/AUTHORITY- COMMUNITY PLANNING-CMERP-HIGHER EDUCATION CENTER: The City Manager submitted a written report advising that the City of Roanoke and the Roanoke Redevelopment and Housing Authority (RRHA) entered into a Cooperation Agreement related to the development of the Greater Gainsboro project on 24 May 16, 2000; and the agreement outlined the general scope of certain work to be done in the Gainsboro Redevelopment Area in connection with the Roanoke Higher Education Center, the Roanoke Neighborhood Development Corporation office building and the Housing Authority's Shenandoah Crossing Apartment project. It was further advised that additional funds are needed to acquire property on Wells Avenue to move these projects forward; funds totaling $300,000.00 are needed to purchase three lots, Official Tax Nos. 2013004, 2013006 and 2013007; once the properties are acquired by the Housing Authority, they will be conveyed to the City for construction of a surface parking lot to serve businesses and visitors to the area; and acquisition of the lots will be authorized by the proposed amendment. It was explained that the Roanoke Higher Education Center is on schedule to open on August 15, 2000; however, major infrastructure work has not begun; therefore, temporary site improvements must be made to enhance the appearance for the Center's opening; that an amount of $30,000.00 is needed for the work which is included in the proposed amendment; and funding is available for appropriation from the following accounts: FY 2000-01 Capital Maintenance and Equipment Replacement Program Retiree Supplement to 65 Account No. 001-250-9110-1127 TOTAL $165,102.00 $164,898.00 $330,000.00 The City Manager recommended that Council authorize Amendment No. One to the Greater Gainsboro Cooperation Agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority in the amount of $330,000.00, and appropriate $330,000.00 from the following accounts to a new account entitled, "Gainsboro Property Acquisition": FY 2000-01 Capital Maintenance and Equipment Replacement Program Retiree Supplement to 65 Account No. 001-250-9110-1127 TOTAL $165,102.00 $164,898.00 $330,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: 25 ACTION' (#34987-080700) 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. 63, page 357.) Mr. Hudson moved the adoption of Ordinance No. 34987-080700. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ............................................................................................... 7. ACTION: NAYS: None ............................................................................................. Mr. Hudson offered the following resolution: (#34988-080700) A RESOLUTION authorizing execution of Amendment No. 1 to the Greater Gainsboro Redevelopment Area Cooperation Agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority, to provide for an increase in funding by the City to the Authority in connection with the acquisition of additional property necessary to construct a parking garage and surface parking lot as well as certain site improvements necessary in connection with the opening of the Roanoke Higher Education Center in the Redevelopment Area. (For full text of Resolution, see Resolution Book No. 63, page 358.) Mr. Hudson moved the adoption of Resolution No. 34988-080700. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................. PURCHASE/SALE OF PROPERTY-BONDS/BOND ISSUES-DOWNTOWN NORTH-NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the 26 ACTION: Roanoke Neighborhood Development Corporation (RNDC) is seeking revenue bonds to support costs associated with the acquisition, construction and equipping of its proposed 45,000-square-foot commercial office/retail facility Crew Suites, which will be located in the Gainsboro Redevelopment Area; the Housing Authority has considered the application of RNDC for issuance of one or more of the Authority's revenue bonds or notes in an amount not to exceed $6,500,000.00; the Housing Authority held a public hearing and is requesting Council's approval of the financing of the project and issuance of the bonds; and as the local governing body, Council is required by law to approve the issuance of bonds by the Housing Authority to RNDC. The City Manager recommended that Council adopt a resolution approving the issuance by the Roanoke Redevelopment and Housing Authority of its revenue bonds to assist the Roanoke Neighborhood Development Corporation with its Crew Suites project. (For full text, see report on file in the City Clerk's Office.) Mr. Bestpitch offered the following resolution: (#34989-080700) A RESOLUTION approving the issuance by the City of Roanoke Redevelopment and Housing Authority of its revenue bonds to assist the Roanoke Neighborhood Development Corporation in the acquisition, construction and equipping of a 45,000 square foot commercial office/retail facility to be located in the Gainsboro Redevelopment area in the City of Roanoke, Virginia. (For full text of Resolution, see Resolution Book No. 63, page 359.) Mr. Bestpitch moved the adoption of Resolution No. 34989-080700. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Carder- ........................................................................................................... 6. NAYS: None ............................................................................................. (Mayor Smith abstained from voting.) POLICE DEPARTMENT-BUILDINGSIBUILDING DEPARTMENT-BUDGET- CMERP: The City Manager submitted a written report advising that the City entered 27 into an architectural services contract with Ronald M. Martin & Associates, P.C. (tla Martin & Associates, P.C.) for a 30,000 square foot police building, at a total fee of $291,000.00; that in the preliminary design phase, it was determined that an additional 7,600 square feet of space was needed on the ground level and first floor, therefore, Amendment No. 1, for an increase in fee of $60,430.00, was approved by Council on November 1, 1999, for Phase I of the New Roanoke Police Building; currently, Phase II of the New Roanoke Police Building needs to be designed and constructed, which consists of construction of additional space to house police administration, the crime laboratory and related services and consolidation of the Police Department into one location to improve the efficiency of operation. It was further advised that Council approved the construction contract for Phase I on February 22, 2000, and agreed to proceed with the design and contract documents for the remainder of the required space; Ronald M. Martin & Associates, P.C. in association with McClaren, Wilson & Lawrie, Inc., was deemed to be the best qualified to perform architectural/engineering services for Phase II, and a fee of $262,900.00 was negotiated for design, contract drawings and contract administration of Phase II which will assure consistency in the design of the project and expedite the production of contract documents. The City Manager recommended that Council concur in the determination of the Acting Director of General Services on the sole source issue and award a negotiated contract to Ronald M. Martin & Associates, P.C. (t/a Martin & Associates, P.C.), in the amount of $262,900.00, to design and produce contract documents and to provide contract administration for Phase II of the Roanoke Police Building; authorize the City Manager to execute a contract for such services, in a form to be approved by the City Attorney. It was noted that funding is available from CMERP and may be appropriated to Account No. 008-052-9564-9003, and funding in the amount of $282,000.00, including $262,900.00 contract amount and $19,100.00 for contingency purposes, is requested to be appropriated to Capital Projects Fund, Account No. 008-052-9564-9003. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34990-080700) 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. 63, page 361.) 28 ACTION: ACTION: Mr. Hudson moved the adoption of Ordinance No. 34990-080700. 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 ............................................................................................. Mr. Hudson offered the following resolution: (#34991-080700) A RESOLUTION authorizing a contract with Ronald M. Martin & Associates, P.C. (t/a Martin & Associates, P.C.), for engineering and design services for Phase II of the new Roanoke Police Building and concurring with the determination of the Acting Director of General Services that such firm is the only source practicably available to perform such work. (For full text of Resolution, see Resolution Book No. 63, page 362.) Mr. Hudson moved the adoption of Resolution No. 34991-080700. 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 ............................................................................................. SEWERS AND STORM DRAINS-INDUSTRIES-WATER RESOURCES: The City Manager submitted a written report in connection with the upgrade and expansion of the Water Pollution Control Plant from 35,000,000 to 62,000,000 gallons treatment capacity per day; contractor for the project is Danis Environmental Industries, Inc., of Dayton, Ohio, in the amount of $16,690,000.00, with a specified completion time of 730 consecutive calendar days; and nine change orders to date total $17,153,275.00. It was further advised that proposed Change Order No. 10 provides a contract reduction of $109,529.00, bringing the total contract amount to $17,043,746.00. 29 It was noted that the proposed change order cost as apportioned between the participating jurisdictions is as follows: City of Roanoke County of Roanoke City of Salem County of Botetourt Town of Vinton 37.3% $(40,854.32) 29.2% (31,982.47) 20.9% (22,891.56) 7.0% (7,667.03) 5.6% (6,133.62) Total 100.0% $(109,529.00) The City Manager recommended that she be authorized to execute Change Order No. 10, in a form to be approved by the City Attorney, with Danis Environmental Industries, Inc., for a contract reduction of $109,529.00. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#34992-080700) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 10 to the City's contract with Danis Environmental Industries, Inc., for the Water Pollution Control Plant Upgrade and Expansion Project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 363.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 34992-080700. 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-MAPS-EMERGENCY SERVICES-FLOOD REDUCTION/CONTROL: The City Manager submitted a written report advising that over the past 20 years, the City of Roanoke has sustained more damage from flooding than any other community in Virginia; and in an effort to address the threat, the City has participated in flood- related programs of the Federal Emergency Management Agency (FEMA). 3O ACTION: It was further advised that based on the City's history of proactive floodplain management, FEMA representatives contacted City staff in March 2000, regarding the City's interest in a new initiative known as Cooperating Technical Communities (CTC); a regional proposal was developed with Roanoke County and submitted to FEMA; and FEMA accepted the proposal and requested that the City of Roanoke and Roanoke County each execute a partnership agreement with FEMA. It was explained that under the proposed agreement, the City of Roanoke and Roanoke County would agree to proceed with a map revision project of the Peters Creek Watershed which is already underway; in addition, FEMA would agree to provide a $30,000.00 grant (100% of cost) to create Digital Flood Insurance Rate Maps (DFIRM) for the Roanoke Valley; the regional grant will be closely coordinated with Roanoke County, however, all funding will be processed through the City of Roanoke; and the project would provide Roanoke Valley communities with a much more accurate digital flood plain map, which would benefit the Valley's real estate, banking and insurance communities, as well as individual property owners through the City's Geographical Information System. The City Manager recommended that she be authorized to execute the Cooperating Technical Communities Agreement with FEMA for completion of the initial mapping activity, and that Council appropriate $30,000.00 from FEMA to a Capital Projects Account entitled, "Cooperating Technical Communities". (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34993-080700) 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. 63, page 364.) Mr. Hudson moved the adoption of Ordinance No. 34993-080700. 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 ............................................................................................. 31 ACTION: Mr. Hudson offered the following resolution: (#34994-080700) A RESOLUTION authorizing the City Manager to execute the Cooperating Technical Agreement with the Federal Emergency Management Agency (FEMA), upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 63, page 365.) Mr. Hudson moved the adoption of Resolution No. 34994-080700. 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 ............................................................................................. TRAFFIC-BUDGET-VIRGINIA TRANSPORTATION MUSEUM: The City Manager submitted a written report advising that the Virginia Museum of Transportation (VMT) submitted an application in January, 1999, to the Virginia Department of Transportation (VDOT) for Enhancement Program funds for renovations, additions and improvements to the existing railside yard of the Transportation Museum's main facility; and Council endorsed the Museum's application at its meeting on January 19, 1999, pursuant to Resolution No. 34154-011999. It was further advised that Enhancement Program funds in the amount of $90,000.00 were approved by the Virginia Department of Transportation in June, 1999, for the Transportation Museum's project; all subsequent VDOT agreements related to the use of the funds are made with the City of Roanoke rather than the Transportation Museum; the 1996 bond referendum included $813,000.00 to be matched dollar for dollar by the Transportation Museum; and Enhancement Program funds obtained by the Museum serve as its match to City funds. It was noted that VDOT has forwarded a Project Administration Agreement to the City of Roanoke for execution, and the City Manager's authority to execute the agreement was provided pursuant to Resolution No. 34154-011999; and the agreement includes the $90,000.00 allocation by VDOT, for which a receivable account must be established by the City in the same amount. The City Manager recommended that Council appropriate $90,000.00 to the Virginia Museum of Transportation, Account No. 008-052-9650, and establish a 32 ACTION: receivable account of $90,000.00 from the Virginia Department of Transportation. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34995-080700) 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. 63, page 367.) Mr. Harris moved the adoption of Ordinance No. 34995-080700. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and MayorSmith ............................................................................................... 7. NAYS: None ............................................................................................. SEWERS AND STORM DRAINS-FLOOD REDUCTION/CONTROL: The City Manager submitted a written report advising that Roanoke River Interceptor Sewer Replacement is part of a renovation and expansion of joint use sewer facilities project and replaces the existing interceptor sewer from the Water Pollution Control Plant to the Salem City limit; Contracts C, D and E are with Casper Colosimo & Son, Inc., and replace the existing interceptor from Wasena Park to the Salem City limit; and these contracts represent a total of 20,245 feet (3.8 miles) of sewer replacement, which is 39.0 per cent of the total project length of 51,870 feet (9.82 miles). It was further advised that the project (Contracts C. D and E) was completed in March 2000, with the exception of making connections to the existing sewer system; that connections could not be completed because the new sewer downstream was still under construction, which required the contractor to re- mobilize his equipment and personnel to the site to complete the connections to existing sewers; Change Order No. 7, in the total amount of $72,314.20, includes all costs associated with the additional work and is recommended for approval, and the consulting engineer, Black & Veatch, concurs in the recommendation; and funding is available in the contingency for the project, with each participating local government to be responsible for its pro-rata share. 33 ACTION: It was explained that total construction cost of the project is estimated at $14,036,911.71; total change orders to date, including proposed Change Order No. 7, are equivalent to 8.5 per cent of the initial contract; and proposed change order cost is apportioned between the participating jurisdictions, as follows: City of Roanoke City of Salem Roanoke County 36.7% $ 26,539.31 33.7% 24,369.89 29.6% 21,405.00 Total 100.0% $ 72,314.20 The City Manager recommended that she be authorized to execute Change Order No. 7, in a form to be approved by the City Attorney, with Casper Colosimo & Son, Inc., in the total amount of $72,314.20 and zero additional calendar days of contract time. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#34996-080700) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 7 to the City's contract with Casper Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer Replacement, Contracts C, D and E; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 368.) Mr. Hudson moved the adoption of Ordinance No. 34996-080700. 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-REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a written report advising that the Solid Waste Management program for collection of bulk items and brush will change in October, 2000; the plan will discontinue the requirement that citizens call the City to schedule pickup of bulk items and brush; the new program will provide a regularly scheduled, weekly pick up of bulk items 34 ACTION: and brush along all streets and the plan necessitates the addition of two new bulk trucks. The City Manager concurred in a recommendation of the Bid Committee that the bid of Mid-State Equipment Co., Inc. for supplying two bulk trucks, at a total cost of $164,100.00 be accepted, and reject all other bids received by the City; and that funding of $164,100.00 be appropriated from Fleet Management Retained Earnings to Account No. 017-440-2642-9010. (For full text, see report on file in the City Clerk's Office.) Mr. Bestpitch offered the following emergency budget ordinance: (#34997-080700) 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. 63, page 369.) Mr. Bestpitch moved the adoption of Ordinance No. 34997-080700. 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 ............................................................................................. ACTION: Mr. Bestpitch offered the following resolution: (#34998-080700) A RESOLUTION accepting the bid of Mid-State Equipment Co., Inc., for the purchase of two new bulk trucks, upon certain terms and conditions; and rejecting all other bids made for such item. (For full text of Resolution, see Resolution Book No. 63, page 370.) Mr. Bestpitch moved the adoption of Resolution No. 34998-080700. The motion was seconded by Mr. Carder and adopted by the following vote: 35 AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................. BUSES-BUDGET-ROANOKE CIVIC CENTER-MUNICIPAL BUILDING- TRANSPORTATION FU ND: The City Manager submitted a written report advising that on July 3, 2000, Valley Metro initiated a new route called the Downtown Express which provides service runs every ten minutes between the Roanoke Civic Center parking lot and the City of Roanoke Municipal Building on Church Avenue; and the service is designed to allow employees in the downtown area, as well as students attending the new Higher Education Center, the ability to park in the Civic Center parking lot and be transported free of charge to the downtown area to work and study. It was further advised that management for the Greater Roanoke Transit Company (G RTC) applied for and was awarded a State Demonstration Program grant to procure two additional buses to operate the new service; GRTC has requested $137,800.00 to fulfill the local match requirement of the grant and to erect a shelter at the Civic Center; during the budgeting process, it was anticipated that funds would be needed for the Downtown Express; and at that time, it was unclear what the local match requirement would be, therefore, $200,000.00 was designated for the new service in the Transfer to Capital Projects Fund for fiscal year 2001-01. It was explained that in order to meet the requirements of the grant, funding is available in the Transfers to Capital Projects Fund, Account No. 001-250-9310- 9508 in the current budget; funding should be transferred to the Transfer to Civic Center Fund, Account No. 001-250-9310-9505 ($7,800.00 for bus shelter) and to the Transfer to Transportation Fund, Account No. 001-250-9310-9507; and in those funds, transfers from the General Fund revenues may be established with appropriations to the following accounts: Account No. 005-550-2105-2035 Civic Center Operating - Expendable Equipment Account No. 005-550-2105-7050 Civic Center Operating - Building Maintenance Account No. 007-540-8240-9542 Transfer to GRTC - Shuttle Service $ 4,200.00 $ 3,600.00 $130,000.00 36 ACTION: The City Manager recommended that Council adopt a budget ordinance appropriating/transferring a total of $137,800.00 from the Transfers to Capital Projects fund to the above identified accounts. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34999-080700) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General, Civic Center and Transportation Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 371.) Mr. Hudson moved the adoption of Ordinance No. 34999-080700. 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 ............................................................................................. COUNCIL: The City Manager submitted a written report advising that Council authorized a contract to remodel the Council Chambers, which includes the removal and replacement of ceiling, wall and floor covering, replacement of the dias and new seats and audio-visual equipment; and the contractor needs uninterrupted access to the Council Chamber for a minimum of 60 calendar days, which requires the relocation of all meetings previously scheduled to be held in the Council Chamber, including City Council meetings, Greater Roanoke Transit Company (GRTC) Board of Directors meetings, and Water Resources Committee meetings. It was further advised that the Superintendent of Schools has offered the use of school facilities; Members of Council have informally suggested that Council meetings be relocated to different locations throughout the City during the period of Council Chamber renovation; the regular meetings of Council scheduled for 2:00 p.m. will need to be delayed for one hour until 3:00 p.m. to permit the conclusion of school activities and to allow time to set up the facilities for the Council meeting; all regular meetings of Council will be recorded for later broadcast at the normal time, however, two locations, William Ruffner Middle School Cafeteria and the Governor's School Lecture Hall at Patrick Henry High School are equipped 37 for live RVTV broadcast; and these two locations are proposed for the regular meetings of Council that are followed up by the 7:00 p.m. public hearing meetings. The City Manager recommended that Council adopt a measure approving the following schedule of City Council meetings for the months of September and October, 2000. DATE OF MEETING TIME PLACE OF MEETING September 5, 2000 12:15 p.m. Emergency Operations Center 1st Floor, Municipal Building 215 Church Avenue, S. W. 3:00 p.m. Breckenridge Middle School Cafeteria 3901 Williamson Road, N. W, September 18, 2000 12:15 p.m. Emergency Operations Center 1st Floor, Municipal Building 215 Church Avenue, S. W. 3:00 p.m. Ruffner Middle School Cafeteria 3601 Ferncliff Avenue, N. W. 7:00 p.m. Ruffner Middle School Cafeteria 3601 Ferncliff Avenue, N. W. October 2, 2000 12:15 p.m. Emergency Operations Center 1st Floor, Municipal Building 215 Church Avenue, S. W. 3:00 p.m. Fallon Park Elementary School Gymnasium - 502 Nineteenth Street, S. E. 38 October 16, 2000 12:15 p.m. Emergency Operations Center 1st Floor, Municipal Building 215 Church Avenue, S. W. 3:00 p.m. Governor's School Lecture Hall, Patrick Henry High School 2102 Grandin Road, S. W. 7:00 p.m. Governor's School Lecture Hall, Patrick Henry High School 2102 Grandin Road, S. W. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#35000-080700) A RESOLUTION changing certain times and places of commencement of four regular meetings of City Council scheduled to be held Tuesday, September 5, 2000, Monday, September 18, 2000, Monday, October 2, 2000, and Monday, October 16, 2000. (For full text of Resolution, see Resolution Book No. 63, page 373.) Mr. Carder moved the adoption of Resolution No. 35000-080700. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................. POLICE DEPARTMENT-CITY CODE: The City Manager submitted a written report advising that the Community Policing initiatives of the Police Department are attempting to increase cooperation between the community and the Police Department in reducing crime and disorder in Roanoke's neighborhoods; these efforts would be enhanced if the City could respond to requests by property owners for police officers to act as agents of the landlord on private property; and Section 15.2-1717.1, Code of Virginia (1950), as amended, authorizes the City of Roanoke to establish such procedures by ordinance. 39 ACTION: It was further advised that the City Attorney has prepared an amendment to Section 21-32 of the Code of the City of Roanoke (1979), as amended, authorizing property owners, by written agreement, to authorize police officers to forbid another person to go on the property designated in the written agreement, which agreements would be renewed annually; and police officers could issue written notice to persons who create a problem on the property, even if the property owner were not present. The City Manager recommended that Council amend Section 21-32, Enterin_cl or remaining on property of another often having been forbidden to do so, Code of the City of Roanoke (1979), as amended. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#35001-080700) AN ORDINANCE amending and reordaining §21-32, Enterincl or remaininq on property of another after having been forbidden to do so, of the Code of the City of Roanoke (1979), as amended, by adding a new subsection (b) to provide that property owners may give police officers authority to order unwanted persons to leave the owner's property; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 376.) Mr. Hudson moved the adoption of Ordinance No. 35001-080700. 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 ............................................................................................. Om BUDGET-GRANTS-YOUTH: The City Manager submitted a written report advising that the Aggression Replacement Training and Education Program (ARTEP), is an anger control program administered by Sanctuary Crisis Intervention staff and is designed to increase public and provide accountability to assaultive youth; in 94 per cent of the cases, the pilot for this program had no repeat offenders in the first six months following completion of training; the program provides a less costly alternative than incarceration of juvenile offenders, and increases the options available to juvenile court judges; grant funding must be applied for on an annual 4O basis; the year 2000 is the second year in a five year funding cycle, with increasing local responsibility for funding; and revenue from Juvenile Justice and Delinquency Prevention will decrease 25% in the third year, 50% in the fourth year, and 75% in the fifth year, to allow for local assumption of costs. The City Manager recommended that Council adopt a resolution accepting $70,286.00 in 2000-2001 funding from the Department of Criminal Justice Services, Grant No. 01-B3256JJ00, for Sanctuary's Outreach Aggression Replacement Training and Education Program; authorize the City Manager to execute the required Grant Acceptance, Request for Funds and any other forms required by the Department of Criminal Justice Services, in order to accept funds; and that Council appropriate $70,286.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#35002-080700) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 377.) ACTION: Mr. Hudson moved the adoption of Ordinance No. 35002-080700. 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 ............................................................................................. Mr. Hudson offered the following resolution: (#35003-080700) A RESOLUTION authorizing the acceptance of a Juvenile Justice and Delinquency Prevention Title II Grant from the Department of Criminal Justice Services for the City's Crisis Intervention Center (Sanctuary) Aggression Replacement Training and Education Program; and authorizing the execution of the necessary documents. (For full text of Resolution, see Resolution Book No. 63, page 378.) 41 ACTION: Mr. Hudson moved the adoption of Resolution No. 35003-080700. 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. ACTION: NAYS: None ............................................................................................. BUDGET-PERSONNEL DEPARTMENT-LIBRARIES: The City Manager submitted a written report advising that in an effort to increase the constituency for the Roanoke Public Libraries, the City Manager previously suggested that the Roanoke Public Library Foundation be approached about funding a new position for the purpose of expanding program offerings through the creation of partnerships and sponsorships with civic groups and businesses; and the Roanoke Public Library Foundation agreed to provide up to $38,000.00 to fund the position for the first 12 months, at which time the City of Roanoke would assume funding. The City Manager recommended that Council authorize creation of a new Library Development Coordinator position in the Department of Libraries budget; appropriate $35,277.00 to the Department of Libraries Personal Services accounts; and increase Library Reimbursements, Account No. 001-650-7310-8005, by $35,277.00. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#35004-080700) 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. 63, page 379.) Ms. Wyatt moved the adoption of Ordinance No. 35004-080700. 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. 42 NAYS: None ............................................................................................. NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY: The City Manager submitted a written report advising that the Virginia Derelict Structures Fund is a program established by the General Assembly to help address vacant deteriorated buildings across the state; the 2000 Session of the General Assembly allocated $1.1 million to the program for this year, increased from $500,000.00 last year; a locality may apply for up to $100,000.00 toward acquisition, demolition, and/or renovation of "derelict structures"; and the City received the maximum $100,000.00 grant last year for rehabilitation of the Shenandoah Hotel, and another $100,000.00 was obtained through the forerunner of the program several years ago for conversion of the old Justice House to the renovated One Elm Place. It was further advised that the State's deadline for submitting an application is August 18, 2000 and the application package must include a resolution of approval adopted by Council; and in June and July, the City's Department of Planning and Code Enforcement solicited project proposals for its application to the State and five proposals were received and evaluated based on consistency with the State's criteria, compatibility with existing plans and priorities of the City, community impact, need for financial assistance, ability of the developer to undertake the project and project readiness. It was explained that with increased funding allocated to the program, the program's priority to urban areas, and the City's successful experience with the program, chances of obtaining a grant are good, however, grants are awarded based on proposed projects; the State's priorities include project readiness, location within special targeted areas: e.g. conservation areas, enterprise zones or historic districts, and relationships with other projects or activities in the area; funds allocated by the program may not be used for more than half of project costs, but the other funds are not required to be provided by the City; projects recommended do not require allocation of any additional funds by the City; and obtaining a grant through the program could be a significant help to address buildings that are a blight on the Roanoke community, at no additional cost to the City. The City Manager recommended that Council authorize submission of a proposal to the Virginia Derelict Structures Fund for $100,000.00 to support the following projects: Fifth Street Gateway Project, Northwest Neighborhood Environmental Organization - $50,000.00. Plans for the project include are the revitalization of the entire 500 block of Loudon Avenue, N. W., including 43 acquisition of all properties, demolition of three dilapidated buildings, rehabilitation of four single-family homes and two multi-family buildings to provide special needs housing. Previously, the City allocated $78,700.00 in Federal HOME funds to the project. 113 Norfolk Avenue S. W. Two B Investments - $50,000.00 The applicant plans an adaptive reuse of the building as office space to be leased to high-technology firms, similar to the recently completed Infosystems building next door. The City Manager further recommended that she be authorized to execute any required documents, in a form to be approved by the City Attorney, to accept the grant. (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#35005-080700) A RESOLUTION authorizing the City Manager to prepare and submit an application to the Virginia Department of Housing and Community Development for the Derelict Structures Fund on behalf of the Northwest Neighborhood Environmental Organization and Two B Investments for projects in the 500 block of Loudon Avenue, N. W. and at 113 Norfolk Avenue, S. W.; authorizing the acceptance of any grant made by the Department of Housing and Community Development from the Derelict Structures Fund based on the application; authorizing the execution of any and all requisite documents accepting the grant; and authorizing execution of agreements with the Northwest Neighborhood Environmental Organization and Two B Investments for disbursement of the grant funds. ACTION: (For full text of Resolution, see Resolution Book No. 63, page 380.) Mr. Carder moved the adoption of Resolution No. 35005-080700. 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 ............................................................................................. 44 ACTION: CITY ATTORNEY: CITY CODE-DRUGS/SUBSTANCE ABUSE-PROCUREMENT CODE: The City Attorney submitted a written report advising that during the last Session of the General Assembly, amendments were made to the State Code which necessitate the amendment of one section of the City's procurement ordinance, and the addition of a new section; as required by State law, since 1982, the City Code has contained a provision which requires that contracts with parties who contract with the City in amounts over $10,000.00 are prohibited from discriminating against any subcontractor, employee or applicant for employment because of race, religion, color, sex, or national origin; and the 2000 Session of the General Assembly added prohibitions against discrimination on the basis of age, disability, or any other basis prohibited by State law relating to discrimination in employment to the list of prohibited practices, and required that localities include the new provisions in their contracts over $10,000.00. It was further advised that the second provision, codified as §11-51.1, Code of Virginia, requires that localities include in every contract over $10,000.00 a provision requiring the contractor to maintain a drug free work place. The City Attorney transmitted a measure for Council's consideration encompassing the above referenced revisions. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#35006-080700) AN ORDINANCE amending and reordaining §23.1-20, Employment Discrimination by Contractor Prohibited, of the Code of the City of Roanoke (1979), as amended, and enacting a new §23.1-20, Dru~-Free Workplace to be Maintained by Contractor; Required Contract Provision% the amended and added sections incorporating the provisions of State law enacted at the 2000 Session of the General Assembly; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 382.) Mr. Hudson moved the adoption of Ordinance No. 35006-080700. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ............................................................................................... 7. 45 ACTION: NAYS: None ............................................................................................. REPORTS OF COMMITTEES: BUDGET-ROANOKE CIVIC CENTER: 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 to the Civic Center Auditorium, Coliseum and related work. The Bid Committee recommended that Council accept the bid submitted by Cox Rigging, Inc., of Burlington, North Carolina, and authorize the City Manager to enter into a contractual agreement for said work, in the amount of $99,794.00. It was advised that the City Manager has authority to enter into a contractual agreement with HICO, Inc., in the amount of $8,215.00, in a form to be approved by the City Attorney, which requires no action by Council; and that Council appropriate $115,000.00 for the project and authorize the Director of Finance to create a new account in the Civic Center Fund entitled, "Improvements to Civic Center Auditorium/Coliseum." (For full text, see report on file in the City Clerk's Office.) The City Manager concurred in the recommendation of the Bid Committee. Mr. Hudson offered the following emergency budget ordinance: (#35007-080700) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 384.) Mr. Hudson moved the adoption of Ordinance No. 35007-080700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and MayorSmith ............................................................................................... 7. NAYS: None ............................................................................................. Mr. Hudson offered the following emergency ordinance: 46 ACTION' (#35008-080700) AN ORDINANCE accepting the bid of Cox Rigging, Inc., for improvements to the Civic Center Auditorium, Coliseum, and related work, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 385.) Mr. Hudson moved the adoption of Ordinance No. 35008-080700. 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-NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY-HIGHER EDUCATION CENTER-DOWNTOWN NORTH: 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 construction of Phase I of the Greater Gainsboro Infrastructure Improvements project, which includes infrastructure improvements consisting of water, sanitary sewer, storm drainage, utility, grading, paving, landscaping and associated works within the Greater Gainsboro Redevelopment area. The Bid Committee recommended that City Council accept the bid submitted by Breakell, Inc., and authorize the City Manager to execute a contract for said work, in a form to be approved by the City Attorney, in the amount of $1,380,731.64 and 120 days of contract time, and reject the other bid received by the City; that Council appropriate or transfer funding in the amount of $1,609,799.00, as more fully described in the report, to a Capital Projects Fund account to be entitled, "Greater Gainsboro Infrastructure,"; CDBG funds of $436,483.00 have been appropriated to the proper accounts for a total of $2,046,282.00; and authorize the City Manager to execute any necessary documents or agreements in connection with the Street Lighting Agreement dated July 1,1995, with Appalachian Power Company, dlbla American Electric Power (AEP), in order for AEP to provide the appropriate street lights and associated electrical work for Phase I of the Greater Gainsboro Infrastructure Improvements for $590,550.00. The City Manager concurred in the recommendation of the Bid Committee. 47 ACTION: ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#35009-080700) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General, Water, Sewage Treatment, Capital Projects, and Management Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 387.) Mr. Hudson moved the adoption of Ordinance No. 34009-080700. 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 ............................................................................................. Om Mr. Hudson offered the following emergency ordinance: (#35010-080700) AN ORDINANCE accepting the bid of Breakell, Inc., for Phase I of the Greater Gainsboro Infrastructure Improvements, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such; 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. 63, page 390.) Mr. Hudson moved the adoption of Ordinance No. 35010-080700. 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 ............................................................................................. Mr. Hudson offered the following emergency ordinance: 48 ACTION: (#35011-080700) AN ORDINANCE authorizing the City Manager to execute any necessary documents or agreements in connection with the Street Lighting Agreement between the City and Appalachian Power Company, dlbla American Electric Power (AEP), dated July 1, 1995, in order for AEP to provide the appropriate street lights and associated electrical work for Phase I of the Greater Gainsboro Infrastructure Improvements; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 391.) Mr. Hudson moved the adoption of Ordinance No. 35011-080700. 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 ............................................................................................. CITY PROPERTY-CHURCH AVENUE PARKING GARAGE-HOSPITALS-VIRGINIA TECH-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to the lease of office space at 111-112 Church Avenue, S. W., in the Church Avenue Parking Garage. A staff report advised that Carilion Health System, Virginia Polytechnic Institute and State University (VPI), and the University of Virginia announced in November, 1999, the creation of the Carilion Biomedical Institute (CBI), which will be located in the Roanoke Valley; on May 17, 2000, Council authorized the City Manager to negotiate agreements with CBI and others in connection with a possible new redevelopment area and concurred in a letter dated May 15, 2000, proposing certain general terms and conditions; relocation of current tenants in the Graduate Center in the Church Avenue Parking Garage to the Roanoke Higher Education Center in the Greater Gainsboro Development area is scheduled to be completed by September 1,2000, which will vacate approximately 6,800 square feet of office/classroom space at 111-117 Church Avenue, S. W.; in accordance with a proposal letter, the space will be made available for lease to CBI, when vacated by the current tenants, under essentially the same terms and conditions as the current lease with VPI (year-to-year basis, not to exceed five years, with a 90 day cancellation provision at the rate of $1.00 per year); and the lease will also provide for 30 parking permits. 49 ACTION: ACTION: The Water Resources Committee recommended that Council authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize execution of the appropriate document for a term of one year, with the option to renew for four additional one-year terms, for the above described City-owned property in the Church Avenue Parking Garage to CBI, with said lease to be substantially under the same terms and conditions as the current lease with VPI, subject to execution of a mutual Termination Agreement with VPI terminating VPI's current lease, and in a form to be approved by the City Attorney, said lease to be subject to CBI obtaining any necessary permits from the appropriate authority as may be required by law, including, but not limited to, an occupancy permit. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved the Council concur the recommendation of the Water Resources Committee to hold a public hearing on Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. The motion was seconded by Mr. Bestpitch and unanimously adopted. EASEMENTS-APPALACHIAN POWER COMPANY-CITY PROPERTY- SCHOOLS-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to granting a variable width easement across City-owned property to Appalachian Power Company for installation of overhead and underground facilities to upgrade electric service to Garden City Elementary School. A staff report advised that Appalachian Power Company (APCO), dlbla American Electric Power, has requested a variable width (ten to twenty-feet) easement for the installation of overhead and underground facilities on the Garden City Elementary School site, to provide upgraded electric service to the School; and School Administration has reviewed and approved the proposed easement area. The Water Resources Committee recommended that Council authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize execution of the appropriate document, in a form to be approved by the City Attorney, granting a variable width easement across City-owned property to APCO for the purpose of installation of overhead and underground facilities to upgrade electric service to the Garden City Elementary School. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that Council concur the recommendation of the Water Resources Committee to hold a public hearing on Monday, August 21, 2000, at 5O ACTION: 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. The motion was seconded by Mr. Bestpitch and unanimously adopted. UNFINISHED BUSINESS: PURCHASE/SALE OF PROPERTY-CITY PROPERTY-WATER RESOURCES: Council having held a public hearing on Monday, July 17, 2000, with regard to a proposal of the City of Roanoke to convey to Jerry W. Jones Construction, LLC, 6.5 acres of City-owned property consisting of 24 vacant building lots and one drainage lot, located in Westview Terrace, and deferred action on the matter until Monday, August 7, 2000, the matter was again before the body. Mr. Harris moved that the following ordinance be placed upon its first reading: (#35012) AN ORDINANCE providing for the fee simple conveyance to Jerry W. Jones Construction, LLC, of City owned property consisting of twenty-four (24) vacant building lots and one (1) drainage lot located in Westview Terrace, such lots being identified by Official Tax Nos. 6370511, 6370512, 6370513, 6370514, 6370515, 6370516, 6370517, 6370518, 6370519, 6370520, 6370601,6370602, 6370603, 6370604, 6370605, 6370606, 6370607, 6370608, 6370609, 6370710, 6370711,6370712, 6370203, 6370204 and 6370205, containing approximately 6.5 acres, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 387.) The motion was seconded by Ms. Wyatt. Mr. White expressed concern with regard to approving the sale of the property at this time, especially in view of the surrounding area; impact on existing private development; and the ability to complete development of the existing subdivision and/or undeveloped properties. Mr. Bestpitch advised that he has been approached by numerous citizens who believe that the City should not take a loss on the property; therefore, he could not vote in favor of the sale of the property at this time. Mr. Harris advised that the bidding process was competitive; as soon as the City sells the land to a private developer, it then begins generating tax dollars and returns revenue to the City; and those taxes generated by the residential development, over a period of several years, will offset the loss to a certain degree. 51 Jerry W. Jones, representing Jerry W. Jones Construction Company, advised of his intention to construct quality homes that will be an asset to the overall Westview neighborhood. Ms. Wyatt advised that Council made a commitment to the Westview neighborhood in connection with the quality of houses to be constructed; Mr. Jones was limited by that commitment, and Council has a responsibility to honor its commitment to the neighborhood. She stated that Mr. Jones submitted his bid in good faith based on the requirements that were set forth in the bid documents and agreed to by the City and the neighborhood, and it is time for Council to honor its commitment and vote on the sale of the property. Mr. Bestpitch advised that his concerns do not relate to the quality of the proposed construction outlined by Mr. Jones, and he has every intention of supporting the commitment of previous Councils made to the Westview neighborhood; however, the time involved to recoup the amount of money paid by the City for the property and the amount of funds to be returned to the City through generation of taxes will take approximately 12 - 15 years or more, and, if the City can afford to wait 12 - 15 years for the generation of tax dollars, it can afford to wait a few more years to find out if events develop that would help to make the property more valuable, thus increasing its sale price. He called attention to the concerns of other property owners who may wish to develop their property, but believe that the price of the property in question could depress their property values. ACTION: Ordinance No. 35012, on first reading, was adopted by the following vote: AYES: Council Members Harris, White, Wyatt, Carder and Mayor Smith ......... 5. NAYS: Council Members Hudson and Bestpitch .......................................... INTRODUCTION RESOLUTIONS: AND CONSIDERATION OF ORDINANCES AND EASEMENTS-APPALACHIAN POWER COMPANY-PARKS AND RECREATION: Ordinance No. 34970, authorizing the granting of a easement for the relocation of an existing overhead electric power service across City-owned property located in the Mill Mountain Visitors Center site, upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee dated July 17, 2000, having previously been before the Council for its first reading on Monday, July 17, 2000, read and adopted on its first reading and laid over, was again 52 ACTION: before the body, Mr. Hudson offering the following for its second reading and final adoption: (#34970-080700) AN ORDINANCE authorizing the granting of an easement for the relocation of an existing overhead electric power service across City-owned property located on the Mill Mountain Visitors Center site, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 338.) Mr. Hudson moved the adoption of Ordinance No. 34970-080700. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith .............................................................................................................. 6. NAYS:None ............................................................................................. (Council Member Harris was out of the Council Chamber) TRAFFIC-NORFOLK SOUTHERN CORPORATION-LEASES-DOWNTOWN NORTH-HIGHER EDUCATION CENTER: Ordinance No. 34971, authorizing the City Manager to enter into an agreement between the City of Roanoke and Norfolk Southern Railway Company providing for a lease to allow the exchange of operational control of 100 City owned parking spaces behind Billy's Ritz for the Railway's 66-space lot and 41 spaces located along the railroad track from Old Second Street to the First Street Bridge, to provide additional parking for the Higher Education Center, effective August 15, 2000, upon such terms and conditions as more particularly described in a report of the Water Resource Committee dated July 17, 2000, having previously been before the Council for its first reading on Monday, July 17, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Hudson offering the following for its second reading and final adoption: (#34971-080700) AN ORDINANCE authorizing the City Manager to enter into an agreement between the City and Norfolk Southern Railway Company providing for a lease to allow the exchange of operational control of certain parking areas to provide for additional parking adjacent to the Roanoke Higher Education Center, upon certain terms and conditions. 53 ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 63, page 338.) Mr. Hudson moved the adoption of Ordinance No. 34971-080700. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith .............................................................................................................. 6. NAYS: None ............................................................................................. (Council Member Harris was out of the Council Chamber) PURCHASE/SALE OF PROPERTY-CITY PROPERTY-HOUSING/AUTHORITY: Ordinance No. 34972, conveying City-owned property identified an Official Tax Nos. 2012920, 2012939, 2012943, and 2012949, containing approximately 0.064-acre, located along Gainsboro Road, N. W., to the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions, as set forth in a report of the Water Resource Committee dated July 17, 2000, having previously been before the Council for its first reading on Monday, July 17, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Hudson offering the following for its second reading and final adoption: (#34972-080700) AN ORDINANCE providing for the fee simple conveyance to the Roanoke Redevelopment and Housing Authority of City-owned property, identified by Official Tax Map Nos. 2012920, 2012939, 2012943 & 2012949, containing approximately 0.064-acre, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 339.) Mr. Hudson moved the adoption of Ordinance No. 34972-080700. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith .............................................................................................................. NAYS: None ............................................................................................. (Council Member Harris was out of the Council Chamber) 54 ACTION: EASEMENTS-APPALACHIAN POWER COMPANY-SCHOOLS: Ordinance No. 34973, authorizing the granting of a 15 foot easement for the relocation of a portion of an existing overhead electric-power service across City-owned property located on the Patrick Henry High School Governor's School site, upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee dated July 17, 2000, having previously been before the Council for its first reading on Monday, July 17, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#34973-080700) AN ORDINANCE authorizing the granting of a 15' easement for the relocation of a portion of an existing overhead electric power service across City-owned property located on the Patrick Henry High School Governor's School site, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 340.) Mr. White moved the adoption of Ordinance No. 34973-080700. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith .............................................................................................................. 6. NAYS: None ............................................................................................. (Council Member Harris was out of the Council Chamber) COUNCIL-SCHOOLS: Mr. Hudson offered the following resolution changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, August 21, 2000, to the Breckenridge Middle School Cafeteria, 3901 Williamson Road, N. W. with the 2:00 p.m., session of Council to be held in the City Council Chambers, 215 Church Avenue, S. W., City of Roanoke: (35013-080700) A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, August 21, 2000. (For full text of Resolution, see Resolution Book No. 63, page 393.) 55 ACTION: ACTION: Mr. Hudson moved the adoption of Resolution No. 35013-080700. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith .............................................................................................................. 6. NAYS: None ............................................................................................. (Council Member Harris was out of the Council Chamber) COUNCIL-NATIONAL LEAGUE OF CITIES: Mr. Bestpitch offered the following resolution designating Linda F. Wyatt as Voting Delegate and C. Nelson Harris as Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities, to be held on December 5-9, 2000, in Boston, Massachusetts: (#35014-080700) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. (For full text of Resolution, see Resolution Book No. 63, page 394.) Mr. Bestpitch moved the adoption of Resolution No. 35014-080700. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and MayorSmith ............................................................................................... 7. NAYS: None ............................................................................................. PROCLAMATIONS-ACTS OF ACKNOWLEDGMENT-DECEASED PERSONS- WAR MEMORIAL: Mr. Hudson offered the following resolution recognizing the bravery and sacrifice of all the Marines from the Roanoke Valley who fought in service to their country during the Korean War, and proclaiming August 20, 2000, as Korean War Marine Remembrance Day: (#35015-080700) A RESOLUTION recognizing the bravery and sacrifice of all the Marines from the Roanoke Valley who fought in service to their country during the Korean War, and proclaiming August 20, 2000, Korean War Marine Remembrance Day. 56 ACTION: ACTION: ACTION: ACTION: (For full text of Resolution, see Resolution Book No. 63, page 394.) Mr. Hudson moved the adoption of Resolution No. 35015-080700. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL: There was discussion by the Members of Council with regard to citizen comments/presentations on agenda items; whereupon, it was the consensus of Council that citizens be informed through the City Page that those persons who wish to speak at City Council meetings are requested to call the City Clerk's Office in advance of the Council meeting, or register with the Staff Assistant prior to the Council meeting. COUNCIL-TREES-PARKS AND RECREATION: Council Member White requested an update by the City Manager on the City's Urban Forestry Program. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. At 4:30 p.m., the Mayor declared the meeting in recess. At 6:07 p.m. the meeting reconvened in the City Council Chamber, with Mayor Smith presiding, and all Members of the Council in attendance, with the exception of Council Member Harris, who left the Council meeting during the closed session. COUNCIL: With respect to the Closed Meeting just concluded, Mr. White moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed 57 Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith .............................................................................................................. 6. Om NAYS: None ............................................................................................. (Council Member Harris was absent) There being no further business, the Mayor declared the meeting adjourned at 6:10 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 58 ROANOKE CITY COUNCIL ..... ROANOKE CITY SCHOOL BOARD August 21, 2000 12:15 p.m. A joint meeting of the Roanoke City Council and the Roanoke City School Board was called to order on Monday, August 21, 2000, at 12:15 p.m., at Breckinridge Middle School Media Center, 3901 Williamson Road, N. W., City of Roanoke, with Mayor Ralph K. Smith and School Board Chairperson Melinda J. Payne presiding, pursuant to Rule 1, Re.qular Meetin.cls. Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 35013-080700 adopted on August 7, 2000. CITY COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K. Smith ............................................................................................ 7. CITY COUNCIL MEMBERS ABSENT: None ............................................. 0. ROANOKE CITY SCHOOL BOARD TRUSTEES PRESENT: Charles W. Day, Marsha W. Ellison, Sherman P. Lea, Gloria P. Manns, Ruth C. Willson, and Chairperson Melinda J. Payne ....................................................................... 6. ROANOKE CITY SCHOOL BOARD TRUSTEES ABSENT: Brian J. Wishneff-l. CITY STAFF PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Kit B. Kiser, Assistant City Manager for Operations; and George C. Snead, Jr., Assistant City Manager for Community Development. SCHOOL STAFF PRESENT: Dr. E. Wayne Harris, Superintendent; Richard L. Kelley, Assistant Superintendent of Operations; Cindy R. Lee, Clerk of the Roanoke City School Board; Ann Harmon, Executive for Student Support Services; Mary D. Hackley, Executive for Elementary Programs; Rita D. Bishop, Associate Superintendent-Instruction; and Lissy Runyon-Merenda, Supervisor, School- Community Relations. School Board Chair Melinda Payne welcomed the Members of Council and City staff to the meeting. Council Member Harris gave the invocation. Following lunch, the business session convened at 12:55 p.m. SCHOOLS: Superintendent Harris presented information on evidences of increased student performance, and advised that 20 schools improved attendance and four met the incentive goal which is a +10 gain in percentage of students absent fewer than 11 days. He further advised that the Noel C. Taylor Learning Academy saw the greatest gain in student attendance with a 20 per cent improvement; 17 schools showed a reduction in the number of days that staff were absent and 13 of those schools met the incentive of -10 per cent reduction in staff absences, and James Madison Middle School saw the greatest reduction in staff absences (47 per cent reduction). He explained that ten schools improved performance on fitness tests and seven met both criteria in the fitness incentive (at least 95 per cent of the students took all four fitness tests and an additional +7 in percentage passed on four tests) and Lincoln Terrace Elementary School saw the greatest increase in students passing fitness tests, with a 28 per cent increase. Dr. Harris reviewed charts on the percentage of students passing the Standards of Learning tests in English, mathematics, history, and science and advised that all schools showed improvement in student achievement on at least one SOL test; and the following four elementary schools improved the percentage of students passing on eight of ten SOL tests: Fairview Elementary School Fallon Park Elementary School Hurt Park Elementary School Roanoke Academy for Mathematics and Science He further advised that Woodrow Wilson Middle School met the SOL incentive goals on five of seven SOL tests; Highland Park Elementary School showed improvement on all SOL tests and met its SOL incentive goals on nine of ten SOL tests; Jackson Middle School showed improvement on all SOL tests and met its SOL incentive goals on six of seven SOL tests; James Madison Middle School improved student achievement on every SOL test and was the only school to meet all of its SOL incentive benchmarks. 2 Dr. Harris advised that fully accredited schools are: James Madison Middle School Raleigh Court Elementary School Fishburn Park Elementary School Grandin Court Elementary School, and Wasena Elementary School. He reviewed charts showing the percentage of juniors and seniors enrolled in advanced placement courses who scored three, four or five on at least one advanced placement test between the years 1994 and 2000, as follows: 1994 - 35 per cent 1995 38 per cent 1996 37 per cent 1997 46 per cent 1998 49 per cent 1999 54 per cent 2000 57 per cent He also reviewed a chart showing the percentage of juniors and seniors taking one or more advanced placement or college level courses from 1994 - 2000, as follows: 1994 23 per cent 1995 - 22 per cent 1996 - 27 per cent 1997 - 28 per cent 1998 - 29 per cent 1999 - 30 per cent 2000 - 30 per cent He referred to a chart depicting mean scores on Scholastic Assessment Tests (SAT) from 1994 to 1999. In connection with the pre school initiative, he advised that there are 26 pre-school classes with 22 classes for four year olds and four classes for three year olds and more than 89 per cent of the children who entered kindergarten from these classes demonstrated a reading readiness. Dr. Harris also discussed community engagement initiatives which have included realtor tours, computing seniors, community fitness centers, and libraries which are open to the community. There was discussion with regard to continuing efforts to increase the learning experience during early childhood development to insure that all children get off to an even start; the elimination of modular classrooms in which it was stated by school officials that the goal is to add 63 additional permanent classrooms, and it is hoped to complete the modular classroom replacement program within three years; air conditioning window units will be replaced so that all schools will be served by central air; benefits of the after school program; concerns regarding the decline in student population over the next five years; reducing the achievement gap between minority and non-minority students in which it was pointed out that the goal of decreasing the gap by one-half has not been attained, however, there have been some gains in reducing the gap. There being no further business, the Mayor declared the meeting of Roanoke City Council in recess at 1:35 p.m. to be reconvened at 2:00 p.m., in the Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia. At 2:00 p.m., on Monday, August 21, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder, C. Nelson Harris and Mayor Ralph K. Smith ............................................................................................................ 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Charles Ward, Minister of Discipleship, First Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS: PROCLAMATIONS-VIRGINIA TECH: The Mayor presented a proclamation declaring Friday, August 25, 2000, as Hokie Pride Day. 4 DIRECTOR OF FINANCE-ACTS OF ACKNOWLEDGMENT: The Mayor advised that a Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Roanoke by the Government Finance Officers Association of the United States and Canada for its comprehensive annual financial report, which is recognized as the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management. He presented certificates and plaques to Ann H. Allen, Manager of Accounting Services, and Rosemary Trussell, Retirement Accountant. 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 a Closed Meeting to discuss a matter with regard to a prospective business where no previous announcement of the interest of the business in locating its facilities in the City has been made; to consult with legal counsel on a matter of probable litigation; and to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. ACTION: COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith requesting that Council convene in Closed Meeting to discuss personnel matters relating to 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, 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 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 5 ACTION: ACTION: (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and MayorSmith ...................................................... 7. NAYS: None ...................................................................... 0. INDUSTRIES-ECONOMIC DEVELOPMENT-COUNCIL: A report of the City Manager requesting that Council convene in Closed Meeting to discuss a matter with regard to a prospective business where no previous announcement of the interest of the business in locating its facilities in the City has been made, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the City Manager to convene in Closed Meeting to discuss a matter with regard to a prospective business where no previous announcement of the interest of the business in locating its facilities in the City has been made, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and MayorSmith ...................................................... 7. NAYS: None ...................................................................... 0. COUNCIL: A report of the City Attorney requesting that Council convene in Closed Meeting to discuss a matter with regard to consulting with legal counsel on a topic relating to probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the City Attorney to convene in Closed Meeting to discuss a matter with regard to consulting with legal counsel on a topic relating to probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as 6 amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and Mayor Smith ...................................................... 7. NAYS: None ...................................................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: VIRGINIA AMATEUR SPORTS/COMMONWEALTH GAMES: Peter Lampman, President, Virginia Amateur Sports, Inc., expressed appreciation for the City's support of the Virginia Commonwealth Games which continue to grow, and presented an economic impact study on the effect of the Commonwealth Games on the Roanoke Valley estimated to be in the range of $8 million. He advised that there was a three per cent increase in the total number of athletes for the year 2000, or 10,322, which means that over the past 11 years, approximately 90,000 athletes have competed in the Commonwealth Games of Virginia. He presented a plaque of appreciation to the City, and Commonwealth Game tee-shirts to the Members of Council and Council-Appointed Officers. PETITIONS AND COMMUNICATIONS: BUDGET-DRUGS/SUBSTANCE ABUSE-COMMONWEALTH'S ATTORNEY: A communication from the Commonwealth's Attorney advising that Federal funding was made available to the Commonwealth of Virginia to be used for development of several Multi- Jurisdictional Special Drug Prosecutors statewide; the positions were developed to coordinate prosecutorial efforts among independent jurisdictions, to reduce fractional and duplicate prosecutions, to enhance the recovery of criminal assets, and to utilize federal, state and local resources to assure maximum prosecutorial resources to the regional drug enforcement effort; the Commonwealth's Attorneys of Craig County, Franklin County, Roanoke County, and the Cities of Roanoke and Salem applied on October 9, 1987, to the Commonwealth's Attorneys' Services Council, the State agency responsible for administration of grant money to fund a Multi- 7 Jurisdictional Special Drug Prosecutor; and Council accepted the grant in April 1988, and a full-time Special Drug Prosecutor was hired in July, 1988. ACTION: It was further advised that on April 15, 1994, funding for the Drug Prosecutor's Office was transferred from the Commonwealth's Attorneys' Services Council to the Compensation Board; the Compensation Board approved funding for the Drug Prosecutor in the amount of $96,012.00 on April 26, 2000, which will continue through June 30, 2001; the local share cost is $12,560.00, for a total of $108,572.00; local share funding is budgeted in the General Fund - Transfer to Grant Fund, Account No. 001-250-9310-9535; and annual re- application for funding is required. The Commonwealth's Attorney recommended that Council accept funds from the Compensation Board, in the amount of $96,012.00, with the City of Roanoke providing local share funding in the amount of $12,560.00; authorize the City Manager to execute requisite documents to obtain funding from the Compensation Board; and authorize the Director of Finance to establish a revenue estimate in the amount of $108,572.00 in the Grant Fund and appropriate funding to certain expenditure accounts. The City Manager submitted a written report concurring in the recommendation of the Commonwealth's Attorney. (For full text, see reports on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#35016-082100) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 388.) Mr. Hudson moved the adoption of Ordinance No. 35016-082100. The motion was seconded by Mr. White and adopted by the following vote: 8 AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and Mayor Smith ...................................................... 7. NAYS: None ...................................................................... 0. Mr. Hudson offered the following resolution: (#35017-082100) A RESOLUTION authorizing the acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of appropriate documents to obtain such funds. ACTION: (For full text of Resolution, see Resolution Book No. 63, page 390.) Mr. Hudson moved the adoption of Resolution No. 35017-082100. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and MayorSmith ...................................................... 7. NAYS: None ...................................................................... 0. POLICE DEPARTMENT-BUDGET-COMMONWEALTH'S ATTORNEY: A communication from the Commonwealth's Attorney advising that in an effort to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986, the Federal government adopted a system of asset forfeiture whereby forfeited assets, under certain conditions, could be returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime; in July 1991, the Virginia asset forfeiture statute, which generally is patterned after the Federal statute, took effect, providing that forfeited criminal assets may be returned to local police and prosecutors for use in the fight against crime; periodically, assets seized as evidence are ordered forfeited by the local courts to the police or the Office of the Commonwealth's Attorney to be used for criminal law enforcement efforts; and in August 1991, a grant fund account for cash assets forfeited to the Office of the Commonwealth's Attorney was established with an appropriation of $25,000.00. 9 It was further advised that since August 1991, the Office of the Commonwealth's Attorney has expended the $25,000.00 originally appropriated, and periodically receives additional funds from the state's asset sharing program; grant requirements include that these funds be placed in an interest bearing account and that the interest earned be used in accordance with program guidelines; revenues collected through June 30, 2000, for the grant are $133,113.00; and funding received in excess of the revenue estimate totals $18,614.00, and needs to be appropriated before the funds can be expended for law enforcement. ACTION: The Commonwealth's Attorney recommended that Council authorize the Director of Finance to increase the revenue estimate in the amount of $18,614.00 and appropriate funding to certain accounts listed in the report. The City Manager submitted a written report concurring in the recommendation of the Commonwealth's Attorney. (For full text, see reports on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#35018-082100) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 391.) Mr. Hudson moved the adoption of Ordinance No. 35018-082100. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and Mayor Smith ...................................................... 7. NAYS: None ................................................ ~ ..................... 0. BONDS/BOND ISSUES-SCHOOLS: A communication from the Roanoke City School Board advising that as a result of official School Board action, at its meeting on August 8, the School Board approved resolutions to participate in the 2000 Interest Rate Subsidy Program 10 Bond Sale - VPSA School Financing Bonds (1997 Resolution) Series 2000B; proceeds of the bond issue will be used in lieu of the Literary Fund loans approved by the State for Preston Park Primary School, Grandin Court Elementary School, and Garden City Elementary School; the School Board will pay the debt service on the VPSA Interest Rate Subsidy Bond Issue; and use of the bond issue provides: An interest rate of 4%--the same as the Literary Fund loan rate; The debt will not count against the $20 million Literary Fund loan debt ceiling for the locality; The first debt service payment will not be due until the 2001-2002 fiscal year. The School Board requested that Council approve a resolution indicating that Roanoke City desires to participate in the VPSA bond issue. The Board advised that no further action is required of the City at this time; however, if the application is approved by the VPSA Board, Council will be requested to conduct public hearings and perform other procedural matters that may be required for participation in the bond issue. ACTION: (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35019-082100) A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount not to exceed $1,900,000.00 to finance certain capital improvements in connection with Preston Park Primary School, previously approved by the Council at its June 21, 1999, meeting. (For full text of Resolution, see Resolution Book No. 63, page 392.) Mr. Harris moved the adoption of Resolution No. 35019-082100. The motion was seconded by Mr. Carder and adopted by the following vote: 11 ACTION' AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and Mayor Smith ...................................................... 7. NAYS: None ....................................................... : .............. 0. Mr. Harris offered the following resolution: (#35020-082100) A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount not to exceed $1,900,000.00 to finance certain capital improvements in connection with Grandin Court Elementary School, previously approved by the Council at its June 21, 1999, meeting. (For full text of Resolution, see Resolution Book No. 63, page 393.) Mr. Harris moved the adoption of Resolution No. 35020-082100. The motion was seconded by Mr. Carder and adopted by the following vote: ACTION: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and Mayor Smith ...................................................... 7. NAYS: None ...................................................................... 0. Mr. Harris offered the following resolution: (#35021-082100) A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount not to exceed $2,750,000.00 to finance certain capital improvements in connection with Garden City Elementary School, previously approved by the Council at its June 21, 1999, meeting. (For full text of Resolution, see Resolution Book No. 63, page 394.) Mr. Harris moved the adoption of Resolution No. 35021-082100. The motion was seconded by Mr. Carder and adopted by the following vote: 12 AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and Mayor Smith ...................................................... 7. NAYS: None ...................................................................... 0. BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $5,940.00 in additional funding for the Title I Local Delinquent Children Grant to provide transition services to youth exiting the Juvenile Detention Center and youth entering Youth Haven; the services include drop-out prevention services, coordination and referral for substance abuse, adolescent health and mental health services, as well as placement services in appropriate and unique educational programs designed for youth at risk of school failure; this continuing program is one hundred per cent reimbursed by Federal funds; $541,697.00 for the 2000-01 Title VI Class Size Reduction initiative to provide funds for the placement of 12 classroom teachers to be placed in grades one through three throughout the district to reduce class size in those grades so that they are no larger than 18; this continuing program is one hundred per cent reimbursed by Federal funds; $1,770.00 in additional funding for the 1999-2000 Child Development Clinic program based on the actual expenses of the program; funds are provided for the salary and expenses of the educational coordinator at the clinic; expenses for this continuing program were one hundred per cent reimbursed by State funds; $1,664.00 in additional funding for the 1999-2000 Child Specialty Service program based on the actual expenses of the program; funds are provided for the salary and expenses of the educational coordinator; expenses for this continuing program were one hundred per cent reimbursed by State funds; 13 ACTION: $4,832.00 in additional funding for the 1999-2000 Juvenile Detention program based on actual expenses of the program; funds are provided for the salary and expenses of three educational coordinators; expenses for this continuing program were one hundred per cent reimbursed by State funds; and $15,636.00 in additional funding for the 2000-2001 Alternative Education program; the continuing program will provide alternative curriculum and training for high risk students at the Noel C. Taylor Learning Academy and is funded one hundred per cent by State funds. A report of the Director of Finance recommending that Council concur in the request of the School Board, 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 budget ordinance: (#35022-082100) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 395.) Mr. Harris moved the adoption of Ordinance No. 35022-082100. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and MayorSmith ...................................................... 7. NAYS: None ...................................................................... 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: 14 BONDS/BOND ISSUES-PARKS AND RECREATION-CAPITAL IMPROVEMENTS PROGRAM: The City Manager introduced a briefing with regard to the Capital Improvements Program (CIP) funding for park improvements, and presented Beth Poff, Vice-Chair, Citizens Advisory Committee for the Parks and Recreation Comprehensive Master Plan, and Dr. W. Rupert Cutler, Member of the Citizens Advisory Committee, for reports. Dr. Cutler advised that in May 1997, the citizens of Roanoke approved a bond referendum that included $3.9 million for City park improvements; and in 1998, staff of the Department of Parks and Recreation, together with the Citizens Advisory Committee appointed by the City Manager, began work on a new Parks and Recreation Comprehensive Master Plan. He explained that a part of the committee's charge was to identify specific park improvements to be funded with the 1997 bond issue money and the committee agreed that it is logical to repair what is broken in the parks before building new facilities. He advised that the Citizens Advisory Committee created a bond issue subcommittee to study needs, set priorities and prepare a budget that fell within available funds which was presented to the full Citizens Advisory Committee and received approval. He stated that after reviewing the needs, the bond issue subcommittee created a priority system for approvals and identified the following six categories of necessary work: (1) Safety (2) Accessibility (3) Master Plan Initiatives (4) Special Park Project Grants (5) High Impact Equity (6) Quality of Recreational Experience. Ms. Poff discussed the above categories: (1) Safety - Out of 35 City playgrounds, one-half include the older wooden type structures that do not comply with Federal guidelines; replace/improve lighting, field areas, softball, baseball, soccer, and tennis court surfaces; initiation of Wiley Drive traffic calming measures to slow down traffic through the use of speed humps, and pinch points in the median strip; improved walking conditions and elimination of erosion in Mason Mill Park; and 15 improved pedestrian safety in Lakewood Park in the vicinity of the channel. (2) Accessability - Restrooms are old and outdated, some of which need to be removed or replaced. (3) Master Plan Initiatives - Review underserved park areas such as Ridgewood Park and Shadeland Avenue; and develop an environmental education center through renovations to the facility in Wasena Park that previously housed the Transportation Museum. (4) Special Park Project - A grant which is intended to work with neighborhood groups and others toward a funding mechanism for certain park improvements. (5) High Impact Equity It is proposed to work in neighborhood areas with high equity issues, by targeting the park signage system, and other priority issues such as picnic shelters, parking areas, and furniture (benches, trash cans, drinking fountains, etc.) which are outdated. (6) Quality of Recreational Experience - Includes athletic field lighting, walkways connecting with various features throughout park areas, seating, fences, goals, scoreboards, court improvements in general, and landscaping. Dr. Cutler advised that the total available budget is $3,698,369.00 which breaks out as follows: (1) Safety - $2,746,187.00 which consumes the largest portion of the budget and items proposed are essential for safe management of the parks. (2) Accessibility for the disabled - $482,057.00 which is considered to be an urgent priority with little administrative discretion. He advised that out of the $3.7 million available, $3.2 million in park repairs are non-discretionary, leaving only $500,000.00 for discretionary projects such as the master plan and $316,000.00 which 16 responds to equity or geographic description needs and emergency operations addressed in the master plan. He stated that the parks master plan includes numerous other desirable projects designed to catch up with bench-mark cities elsewhere that cannot be addressed with available funds; special park project grants totaling $100,000.00; high impact/high equity opportunities totaling approximately $1 million with $25,875.00 budgeted and quality recreational experience improvements estimated at approximately $1.5 million with $0 budgeted. Dr. Cutler explained that the total of unfunded projects is approximately $2.5 million which does not include construction of recreational centers, protection of the park system's natural environment, or extension of the greenway system. He advised that the Citizens Advisory Committee requests that Council appropriate the 1999 General Obligation Bond funds earmarked for parks into the 12 accounts listed in the report of the City Manager which will enable staff to begin and implement outlined projects. He noted that many projects are small and need only to be procured, while others will require bid committee reports for approval by Council. He advised that $2.5 million has been identified in immediate park fix-up needs, and the total will increase as time passes because of deterioration and inflation. He stated that the long range vision of the City's Parks and Recreation Citizens Advisory Committee calls for spending approximately $27 million on Roanoke's park system to make it competitive with other cities its size across the country and members of the Citizens Advisory Committee believe that a sound investment in the quality of life for citizens of the City of Roanoke will pay dividends in happy, healthy and constructively occupied citizens living in a protected environment. Mr. Bestpitch inquired about the condition of the pond in Lakewood Park which appears to be covered with algae over its entire surface; whereupon, Dr. Cutler advised that the problem is either an accumulation of algae or duck weed and it may be better to leave the situation as is rather than to treat the problem with chemicals. Mr. Carder spoke to the need for an action plan encompassing programs in all City parks, financing, etc. Without objection by Council, the Mayor advised that the briefing would be received and filed. 17 ITEMS RECOMMENDED FOR ACTION: POLICE DEPARTMENT: A report of the City Manager with regard to Change Order No. 3, to the contract with Thor, Inc., for the new Roanoke Police Building, Phase I, was withdrawn by the City Manager. BONDS/BOND ISSUES-PARKS AND RECREATION-BUDGET: The City Manager submitted a written report advising that citizens passed a bond referendum in May 1997 that included funds for park improvements; the recently completed Comprehensive Parks and Recreation Master Plan process was used to determine needs and set priorities for the Department's operations for the next seven - ten years, including developing a budget for park improvement funds in the Capital Improvement Program; a subcommittee of the Citizen's Advisory Committee (CAC) for the Comprehensive Parks and Recreation Master Plan reviewed the City's needs, set priorities, and developed a recommended budget; and the balance for park improvements is $3,688,369.00. It was further advised that the Citizen's Advisory Committee subcommittee outlined the following priority structure, estimated costs, and budgets: "Safety issues" include facilities that do not meet current safety guidelines or could present an increased possibility of injury, e.g., replacement of wooden playgrounds and athletic field lighting. (Estimated/budgeted: $2,764,187.00) "Accessibility issues": most park restrooms must be renovated, and some must be replaced. (Estimated/budgeted: $482,057.00) "Master Plan initiatives" identified in the master $316,250.00) address particular needs plan. (Estimated/budgeted "Special park project grants" allow neighborhood and special interest groups to initiate projects not on the list and receive funding assistance in the form of matching money. (Budgeted: $100,000.00) 18 "High impact/high-equity projects" will benefit many citizens or will reduce inequities in the park system. (Estimated: $1,026,605.00; budgeted: $25,875.00) "Quality of recreational experience" includes projects that make the parks more comfortable or more attractive places to visit and use. (Estimated: $1,445,723.00; budgeted: $0.00) Bid Committee reports will be presented to Council for consideration at the appropriate times. The City Manager recommended transfer of $3,688,369.00 of bond funds from Capital Projects Fund, Account No. 008-052-9709- 9180, to the following Park Improvements accounts to be established by the Director of Finance. Cateqory Appropriation Priority 1. Safety New Playgrounds Baseball/softball field lighting Baseball/softball field improvements Soccer/football field lighting and improvements Athletic court improvements Hazard tree maintenance Special safety improvements Priority 2. Accessibility Comfort station replacement Comfort station renovations Priority 3. Master Plan initiatives Master Plan projects Priority 4. Special park projects grants Special park projects grants Priority 5. High-impact/high.equity projects Sign replacement Total Appropriation $ 728,OOO.OO $ 821,215.00 $ 493,253.OO $ 164,220.00 $ 53,188.00 $ 67,936.0O $ 382,375.0O $ 419,750.00 $ 62,3O7.00 $ 316,250.00 $ 100,000.00 $ 28,875.00 $ 3,688,369.00 (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following emergency budget ordinance: 19 ACTION: (#35023-082100) 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. 63, page 397.) Mr. Carder moved the adoption of Ordinance No. 35023-082100. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and Mayor Smith ...................................................... 7. NAYS: None ...................................................................... 0. FEE COMPENDIUM-TOWER PARKING GARAGE-ALLRIGHT ROANOKE PARKING, INC.: The City Manager submitted a written report advising that on July 28, 1997, the City of Roanoke entered into a five-year contract for management and operation services with AIIright Roanoke Parking, Inc. (AIIright) to operate the City's downtown parking facilities; facilities consist of Church Avenue Parking Garage, Market Square Parking Garage, Century Station Parking Garage, Tower Parking Garage, Williamson Road Parking Garage, Williamson Road Parking Lot and the Viaduct Parking Lot; the contract took effect on August 1, 1997, and was amended on May 1, 2000, adjusting the Management Fee to AIIright in light of a reduction in parking spaces and additional services to be provided; and the City is currently in the fourth year of the five-year contract. It was further advised that the following issues regarding the above referenced parking facilities require Council action: Amendment No. 2 to the contract is necessary to provide management and operation services for the two parking lots on Shenandoah Avenue that the City of Roanoke is receiving in exchange for the Viaduct Surface Lot from the Norfolk Southern Railway Company (NS). To address the parking situation at the Roanoke Higher Education Center, the City has reached an agreement with Norfolk Southern to exchange approximately 100 parking spaces at the Viaduct Parking Lot for a total of 2O approximately 107 parking spaces on two lots located in the 100 block of Shenandoah Avenue, to be known as Shenandoah Parking Lots 1 and 2; AIIright will continue to have some contractual responsibilities at the Viaduct Parking Lot and, at the City's request, has submitted a proposal for management and operation services of the two parking lots on Shenandoah Avenue, as follows: Term: Beginning September 1, 2000, and ending July 31, 2002, but subject to cancellation by the City upon 30 days written notice to AIIright. Management Fee: September 1, 2000 - July 31, 2001, Increase from $25,934.00 to $26,850.00 per month August 1, 2001 July 31, 2002, Increase from $26,712.00 to $27,655.00 per month AIIright will be reimbursed for the necessary signage and striping of the two Shenandoah parking lots; all other terms and conditions will be the same as in the original contract, dated July 28, 1997. AIIright will provide liability insurance coverage as required in the original contract. AIIright will provide for all routine maintenance of the two lots. Parking Fee for the Tower Parking Garage requires amending as well as establishing parking fees for Shenandoah Parking Lots 1 and 2. Currently, all City owned downtown parking facilities offer free parking after 4:45 p.m.; to further assist the Roanoke Higher Education Center, it is proposed that the Fee Compendium be amended to provide for free parking in the Tower Parking Garage beginning at 4:00 p.m. effective August 21, 2000. 21 ACTION: It is further proposed that the Fee Compendium be amended to establish parking fees for Shenandoah Parking Lots 1 and 2, effective August 21, 2000. The City Manager's authority to modify or to waive the above parking fees and to provide for late charges shall be the same as for other City Parking facilities referenced in the July 28, 1997, contract between the City and AIIright. The City Manager recommended that she be authorized to enter into Amendment No. 2 to the contract between the City of Roanoke and AIIright Roanoke Parking, Inc., dated July 28, 1997, to provide management and operation services for the two parking lots on Shenandoah Avenue that the City of Roanoke will receive in exchange for the Viaduct Surface Lot from Norfolk Southern; that Council approve the parking rate schedule for Shenandoah Parking Lots 1 and 2; and that Council adjust the parking fees at the Tower Parking Garage to allow free parking after 4:00 p.m., and amend the Fee Compendium to reflect the above parking rates and changes, effective August 21, 2000. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35024-082100) AN ORDINANCE authorizing an amendment to the contract for management and operation services between the City of Roanoke and AIIright Roanoke Parking, Inc.(AIIright), dated July 28, 1997, regarding certain parking facilities; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 398.) Mr. Harris moved the adoption of Ordinance No. 35024-082100. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and MayorSmith ...................................................... 7. NAYS: None ...................................................................... 0. 22 ACTION: Mr. Harris offered the following resolution: (#35025-082100) A RESOLUTION providing for an amendment of the fees charged at the Tower Parking Garage, and the adoption of fees to be charged at Shenandoah Parking Lot 1 and Shenandoah Parking Lot 2; and directing amendment of the Fee Compendium. (For full text of Resolution, see Resolution Book No. 63, page 400.) Mr. Harris moved the adoption of Resolution No. 35025-082100. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and Mayor Smith ...................................................... 7. NAYS: None ...................................................................... 0. PARKS AND RECREATION-LANDMARKS/HISTORICAL PRESERVATION-GRANTS: The City Manager submitted a written report advising that the Department of Parks and Recreation applied to the Virginia Department of Historic Resources for two grants of State funds for up to 50 per cent of the costs for rehabilitation and maintenance of historic properties. It was further advised that the first grant application request of $47,500.00 for Mountain View Recreation Center, also known as the "Fishburn House", 714 13th Street, S. W., included the following: Structural analysis and maintenance plan Structural repairs Handicap ramp and restroom Total estimated cost $15,000.00 60,000.00 20,000.00 $95,000.00 The second grant application request was for $40,000.00 for Buena Vista Recreation Center in Jackson Park, 1036 Penmar Avenue, S. E., and included the following: Structural analysis and maintenance plan $15,000.00 23 Heating system repair or replacement Floor repair and/or replacement Handicap restroom Total estimated cost 25,000.00 25,000.00 15,000.00 $80,000.00 It was explained that grants of $20,000.00, each, were approved by the General Assembly with a 1:1 local match requirement; projects outlined in the grant applications are needed for the responsible maintenance of the structures as public accommodations; the City must do all or most of the work regardless of receiving grant funds; a 50 per cent local match will be provided as in-kind labor and materials by the Building Services Department, and Building Services has already undertaken some portions of the work and has encumbered funds from its operating budget for the remainder of the local match; no additional allocations are needed to implement the grant; structural analyses can be included in the next phase of the Building Condition Assessment Program; and grant funds are reimbursable, therefore, the City must expend the money and request reimbursement, rather than receiving a cash grant before beginning the work. The City Manager recommended that Council accept $40,000.00 in grant funds and that she be authorized to execute the necessary agreements with the Commonwealth of Virginia Department of Historic Resources, in a form acceptable to the City Attorney; establish accounts receivable in the Capital Projects Fund; appropriate $40,000.00 in grant funds to two separate accounts ($20,000.00 each) to be established by the Director of Finance in the Capital Projects Fund; and transfer $40,000.00 from the General Fund, Account No. 001 - 440-4330-3057 (Maintenance of Fixed Assets) to two separate project accounts ($20,000.00 each) to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#35026-082100) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, and providing for an emergency. 24 ACTION: (For full text of Ordinance, see Ordinance Book No. 63, page 402.) Mr. Hudson moved the adoption of Ordinance No. 35026-082100. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members Hudson, Wyatt, Bestpitch, Carder, Harris and Mayor Smith ................................................................ 6. NAYS: None ....................................................................... 0. (Council Member White was out of the Council Chamber.) Mr. Hudson offered the following resolution: (#35027-082100) A RESOLUTION accepting two grants from the Virginia Department of Historic Resources for rehabilitation and maintenance of historic properties. (For full text of Resolution, see Resolution Book No. 63, page 404.) Mr. Hudson moved the adoption of Resolution No. 35027-082100. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Wyatt, Bestpitch, Carder, Hards and Mayor Smith ................................................................ 6. NAYS: None ....................................................................... 0. (Council Member White was out of the Council Chamber.) Council Member Bestpitch inquired if additional funds for structural improvements for the Fishburn House and Buena Vista Recreation Center are included in bond funds for park improvements; whereupon, the Assistant City Manager for Community Development advised that additional resources are budgeted in building maintenance and operating accounts for this purpose, and he would provide Council with additional information. BUDGET-GRANTS-DISABILITY SERVICES BOARD: The City Manager submitted a written report advising that the Fifth District 25 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; the Counties of Roanoke, Craig, Botetourt and Allegheny, and the Town of Vinton; and other members of the Disability Services Board include representatives from business and consumers. It was further advised that Council authorized the Director of Finance to serve as fiscal agent for the Fifth Planning District Disabilities Services Board on September 25, 1995, pursuant to Resolution No. 32675-092595; and funds in the amount of $5,000.00 have been awarded to the Virginia Association of the Blind, Inc., as the Subgrantee, through the Fifth District DSB by the State Department of Rehabilitative Services. ACTION: The City Manager recommended that Council appropriate $5,000.00 to grant fund accounts to be established by the Director of Finance and create a corresponding revenue estimate to provide funding for the Fifth District DSB as follows: Fees for Professional Services ($2,000.00) and Expendable Equipment ($3,000.00). (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35028-082100) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 405.) Mr. Harris moved the adoption of Ordinance No. 35028-082100. The motion was seconded by Mr. Carder and adopted by the following vote: 26 AYES: Council Members Hudson, Wyatt, Bestpitch, Carder, Harris and Mayor Smith ................................................................ 6. NAYS: None ....................................................................... 0. (Council Member White was out of the Council Chamber.) CITY CLERK: CITY CLERK-CITY EMPLOYEES: A report of the City Clerk advising that on August 31, 2000, Sandra H. Eakin will retire as Deputy City Clerk after more than 28 years of service in the City Clerk's Office; Section 24 of the Roanoke City Charter provides for the concurrences of Council in the appointment of a Deputy City Clerk; therefore, she requested that Council concur in the appointment of Stephanie M. Moon as Deputy City Clerk, effective September 1, 2000. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#35029-082100) A RESOLUTION confirming the appointment of Stephanie M. Moon as the Deputy City Clerk, effective September 1, 2000. ACTION: (For full text of Resolution, see Resolution Book No. 63, page 406.) Mr. Hudson moved the adoption of Resolution No. 35029-082100. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and Mayor Smith ...................................................... 7. NAYS: None ...................................................................... 0. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the unaudited year end financials for the fiscal year 2000. He advised that the unaudited financial statements are provided for planning purposes and the amounts may change during 27 the course of the City's annual external audit. He further advised that the City's revenue estimate from all sources for 2000 was $177,178,184.00, while actual collections totaled $181,337,826.00, therefore, total General Fund revenues collected exceeded the estimate by 2.35%. He stated that pursuant to Ordinance No. 26292 adopted by Council on December 6, 1982, establishing a reserve of General Fund balance for the Capital Maintenance and Equipment Replacement Program, CM ERP for the Schools is $1,508,691.00 and $4,708,412.00 for the City. He added that in fiscal year 2000, City operations generated an additional component of fund balance which is the undesignated fund balance, in the amount of $603,742.00, and represents the amount of fund balance remaining after the reserve for encumbrances, insurance reserve and computed CMERP balance. (For full text, see report on file in the City Clerk's Office.) Council Member Hudson suggested that $100,000.00 be included in the fiscal year 2001-02 CMERP to employ high school students to cut weeds and mow grass on City property. Following discussion, it was the consensus of Council that the City Manager and the Director of Finance would be requested to study the feasibility of establishing a "rainy day" or stabilization fund for the City of Roanoke, which will also include a study of the Capital Maintenance and Equipment Replacement Program and other financial policies previously adopted by Council, for discussion at Council's Financial Planning Session in February/March 2001. ACTION: Without objection by Council, the Mayor advised that the report would be received and filed. REPORTS OF COMMITTEES: None UNFINISHED BUSINESS: BUDGET-DOWNTOWN ROANOKE, INCORPORATED-ECONOMIC DEVELOPMENT-IMAX THEATRE: The City Manager submitted a written report advising that Council, at its meeting on August 7, 2000, tabled a report that would authorize $300,000.00 to the Art Museum of Western Virginia so that City staff could develop a written cooperation agreement between the City and the Art Museum. She further advised 28 ACTION: that the agreement will not be available until the September 5, 2000, meeting of Council. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would be received and filed. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: HABITAT FOR HUMANITY-HOUSING/AUTHORITY: Ordinance No. 35012, on second reading, providing for the fee simple conveyance to Jerry W. Jones Construction LLC, of City owned property consisting of 24 vacant building lots and one drainage lot in Westview Terrace, containing approximately 6.5 acres, upon certain terms and conditions, having previously been before the Council for its first reading on Monday, August 7, 2000, 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: (#35012-082100) AN ORDINANCE providing for the fee simple conveyance to Jerry W. Jones Construction, LLC, of City owned property consisting of twenty-four (24) vacant building lots and one (1) drainage lot located in Westview Terrace, such lots being identified by Official Tax Nos. 6370511, 6370512, 6370513, 6370514, 6370515, 6370516, 6370517, 6370518, 6370519, 6370520, 6370601, 6370602, 6370603, 6370604, 6370605, 6370606, 6370607, 6370608, 6370609, 6370710, 6370711,6370712, 6370203, 6370204 and 6370205, containing approximately 6.5 acres, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 387.) Mr. Harris moved the adoption of Ordinance No. 35012-082100. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Carder, Harris and Mayor Smith .......................................................................... 6. NAYS: Council Member Bestpitch ......................................... 1. 29 MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: A report of the City Clerk advising of expiration of the two year terms of office of William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; and Willard N. Claytor, Director of Real Estate Valuation, on September 30, 2000, was before the Council. ACTION: Mr. Bestpitch moved that action on the report be tabled. The motion was seconded by Mr. Carder and adopted. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: TRAFFIC-BONDS/BOND ISSUES-PARKS AND RECREATION- STREETS AND ALLEYS: Mr. Hume Powers, 2441 Nottingham Road, S. E., inquired as to when Wiley Drive will be reopened to pedestrian/vehicular traffic; whereupon, the City Manager advised that a small portion of the $3.6 million appropriated for park improvements will be used for certain improvements to Wiley Drive, however, she could not provide a specific date as to when Wiley Drive will be reopened to traffic. The remarks were automatically referred to the City Manager. COMPLAINTS-CIRCUIT COURT: Mr. Lewis Ferguson, 1534 Shamrock Street, N. W., expressed concern with regard to a $1,000.00 bond that he posted with the Circuit Court Clerk's Office in connection with a civil matter, which has not been refunded, and requested intervention by Council. He also expressed concern with regard to the City donating public property to private citizens and/or businesses, etc., for their personal use. At 4:20 p.m., the Mayor declared the meeting in recess. At 6:25 p.m., the meeting reconvened in the Council Chamber with Mayor Smith presiding, and all Members of the Council in attendance, with the exception of Council Members White, Harris and Hudson. 3O ACTION: COUNCIL: With respect to the Closed Meeting just concluded, Ms. Wyatt moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Wyatt, Bestpitch, Carder, and Mayor Smith ......................................................................................... 4. NAYS: None ....................................................................... 0. (Council Members White, Harris and Hudson were absent.) OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor advised that the term of office of Dorothy Bull as a member of the Special Events Committee expired on June 30, 2000, and there is another vacancy on the Special Events Committee for terms ending June 30, 2001, whereupon, he called for nominations to fill the vacancies. ACTION: Ms. Wyatt placed in nomination the name of Dorothy Bull and Mr. Carder placed in nomination the name of Jay Stephens. There being no further nominations, Ms. Bull was reappointed and Mr. Stephens was appointed as members of the Special Events Committee, for terms ending June 30, 2001, by the following vote: FOR MS. BULL AND MR. STEPHENS: Council Members Wyatt, Bestpitch, Carder and Mayor Smith ................................................ -4. (Council Members white, Harris and Hudson were absent.) OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Valley-Allegheny Regional Commission created by the resignation of David C. Anderson, and called for nominations to fill the vacancy. Mr. Carder placed in nomination the name of Donald M. Caldwell. 31 There being no further nominations, Mr. Caldwell was appointed as a member of the Roanoke Valley-Allegheny Regional Commission, for a term ending June 30, 2003, by the following vote: ACTION: FOR MR. CALDWELL: Council Members Wyatt, Bestpitch, Carder and MayorSmith ......................................................................... -4. (Council Members White, Harris and Hudson were absent.) OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised that there is a vacancy on the Board of Trustees, City of Roanoke Pension Plan, to fill the unexpired term of E. C. Wilson, Sr., deceased, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of D. Duane Dixon. There being no further nominations, Mr. Dixon was appointed as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2002, by the following vote: ACTION: FOR MR. DIXON: Council Members Wyatt, Bestpitch, Carder and MayorSmith ................................................................................ 4. (Council Members White, Harris and Hudson were absent.) At 6:30 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, August 21, 2000, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. PRESENT: Council Members W. Alvin Hudson, Jr., WilliamWhite, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K. Smith .......................................................................... 6. ABSENT: Council MemberC. Nelson Harris ............................ 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City 32 Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Council Member Wyatt. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PUBLIC HEARINGS: CITY PROPERTY-JEFFERSON CENTER-LEASES: Pursuant to instructions by Council, the City Clerk having advertised a public hearing and a request for proposals, for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to receipt of bids and lease extension on property known as the Jefferson Center, and adjacent grounds, lying at 540 Campbell Avenue, S. W., including the adjacent parking lot on Luck Avenue; and on a proposal of the City of Roanoke to extend the term of the existing lease between the City of Roanoke and the Jefferson Center Foundation, Ltd., dated November 1, 1991, to provide for a new term of June 1, 2001, to May 31, 2041, on the above described property, the matter was before the body. Legal advertisement of the public hearing and request for proposals was published in The Roanoke Times on Sunday, July 16, 2000; Sunday, July 23, 2000; Sunday, July 30, 2000, and Sunday, August 6, 2000. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor advised that pursuant to legal advertisement, bids were to be received in the City Clerk's Office until 12:00 noon on Monday, August 21, 2000, and to be held by the City Clerk, unopened, until the 7:00 p.m., meeting of Council; whereupon, the Mayor inquired if anyone had any questions with regard to the opening of the bids. There being none, the City Clerk opened and read the one bid received by the City from the Jefferson Center Foundation, Ltd. The Mayor further advised that a second component is a public hearing on a proposal of the City of Roanoke to extend the term of the existing lease between the City of Roanoke and the Jefferson Center Foundation, Ltd., dated November 1, 1991, to provide for a new term of 33 June 1, 2001, to May 31, 2041, all other terms of the existing lease to remain unchanged, for property currently known as the Jefferson Center and adjacent grounds, lying at 540 Campbell Avenue, S. W., including the adjacent parking lot on Luck Avenue, S. W., the matter was also before the body. The Mayor inquired if there were persons present who would like to be heard in connection with the matter; whereupon, no citizen asked to speak. The Mayor inquired if any Member of Council had questions or comments. ACTION: There being none, without objection by Council, the Mayor advised that the public hearing would be closed. Also without objection by Council, the Mayor advised that the bid of the Jefferson Center Foundation, Ltd., would be referred to the City Manager for study, report and recommendation to Council. 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, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Rocky Ridge Properties LLC, and Loyd and Kathy L. Shifter to repeal Ordinance No. 30840-012092 and Ordinance No. 33852-060198; and to rezone that certain tract of land containing a total of 9.5 acres, more or less, lying on the east side of Peters Creek Road, N. W., Official Tax Nos. 6370306, 6380101, 6380102 and 6380104, from RS-3, Residential Single Family District, to C-2, General 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 Thursday, August 2, 2000, and Thursday, August 10, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the request, subject to certain proffered conditions, was before the body. (For full text, see report on file in the City Clerk's Office.) Edward A. Natt, Attorney, representing the petitioner, appeared 34 ACTION: before Council in support of the request of his client. Mr. White moved that the following ordinance be placed upon its first reading: (#35030) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 637 and 638, Sectional 1976 Zone Map, City of Roanoke, in order to repeal certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District, and to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 424.) The motion was seconded by Ms. Wyatt. The Mayor inquired if there were persons present who would like to be heard; whereupon, Ms. Betty Gibson appeared before Council on behalf of her parents who own property in the immediate area under consideration for rezoning. She advised that her parents did not receive notification of the City Planning Commission public hearing, they are not opposed to the rezoning, but they have questions regarding an appropriate buffer, traffic congestion, and noise. Mr. Natt responded that the site plan illustrates that all access will be directly off of Peters Creek Road, there is significant buffering and buildings will be farther removed from the Gibson property than the proposed Rocky Ridge project. No other persons wishing to be heard, Ordinance No. 35030, on first reading, was adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) 35 STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Carilion Medical Center, to repeal Ordinance No. 34490-100499 adopted on October 4, 1999; and an application to permanently vacate, discontinue and close that portion of a certain 0.23 acre, more or less, portion of Highland Avenue, S. E., beginning at the northwesterly corner of Lot 8, Block 10, running in an easterly direction to a previously closed portion of Highland Avenue, S. E., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, August 3, 2000, and Thursday, August 10, 2000. ACTION: (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the application to close and permanently vacate the above described section of public alley, subject to certain conditions as more fully described in the report, was before Council. (For full text, see report on file in the City Clerk's Office.) John Christodoulides, Attorney, appeared before Council in support of the request of his client. Mr. Bestpitch moved that the following ordinance be placed upon its first reading: (#3~031) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 63, page 426.) The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, 36 Ordinance No. 35031 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, Wyatt, Bestpitch, Carder, and Mayor Smith ......................................................................... 5. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) (Council MemberWhite abstained from voting.) STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Kinsey, Kinsey & Brown, LLC, that a certain alley extending in an easterly direction for a distance of 440 feet from 25th Street to an alley running from Shenandoah Avenue to 24th Street, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, August 3, 2000, and Thursday, August 10, 2000. ACTION: (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the request, subject to certain conditions as more fully set forth in the report, was before the body. (For full text, see report on file in the City Clerk's Office.) Roy Creasy, Attorney, representing the petitioner, appeared before Council in support of the request of his client. Mr. Hudson moved that the following ordinance be placed upon its first reading: (#35032) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 63, page 428.) 37 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 request. There being none, Ordinance No. 35032 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) HOUSING/AUTHORITY-CONSULTANTS REPORTS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke for a determination that proposed physical improvements in the Lincoln 2000 Project are substantially consistent with the City's adopted Comprehensive Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, August 3, 2000, and Thursday, August 10, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the Roanoke Redevelopment and Housing Authority has requested that the City Planning Commission recommend to Council whether the physical improvements (i.e. streets, parks, etc.) proposed in the Lincoln 2000 Project are consistent with Roanoke Vision, the City's adopted Comprehensive Plan, was before the body. The Planning Commission recommended that Council find that the proposed physical improvements are consistent with Roanoke Vision, the City's adopted Comprehensive Plan. (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following resolution: 38 (#35033-082100) A RESOLUTION approving the proposed physical improvements contained in the Lincoln 2000 Project as being consistent with Roanoke Vision, the City's adopted Comprehensive Plan. ACTION: (For full text of Resolution, see Resolution Book No. 63, page 406.) Mr. Carder moved the adoption of Resolution No. 35033-082100. The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Resolution No. 35033-082100 was adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................... 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) BONDS/BOND ISSUES-BUDGET-HIGHER EDUCATION CENTER- DOWNTOWN NORTH-GREATER GAINSBORO PARKING GARAGE: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke with regard to proposed adoption of a resolution authorizing the City to contract a debt and issue general obligation public improvement bonds of the City, in the principal amount of $2,500,000.00, for the purpose of providing funds to pay the costs of a public improvement project of and for the City, consisting of a parking garage and related facilities, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, August 8, 2000, and Tuesday, August 15, 2000. (See publisher's affidavit on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#35034-082100) A RESOLUTION authorizing the issuance and 39 ACTION: sale of two million five hundred thousand dollars ($2,500,000.00) principal amount of City of Roanoke, Virginia, general obligation public improvement bonds; fixing the form, denomination and certain other details of such bonds; authorizing the preparation of a preliminary official statement and an official statement 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; otherwise providing with respect to the issuance, sale and delivery of such bonds; and 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 (For full text of Resolution, see Resolution Book No. 63, page 407.) Mr. Carder moved the adoption of Resolution No. 35034-082100. 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, Resolution No. 35034-082100 was adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) A report of the Bid Committee recommending that Council authorize the City Manager to execute a contract with J. M. Turner & Co., Inc., for construction of the 321 space Greater Gainsboro Parking Garage, which will provide part of the parking solution for the new Higher Education Center, the Shenandoah Crossing Apartments and the proposed Crewe Suites Building, in the amount of $4,528,960.00, which includes both Bid Items 1 and 2, with 360 consecutive calendar 4O ACTION: days for completion of the work, with a project contingency of $450,000.00, was before Council. It was advised that funding in the amount of $4,978,960.00 is to be provided by General Obligation Bonds, in the amount of $2,500,000.00, to be issued in future years, and $2,478,960.00 from undesignated capital fund interest earnings, with all funds to be appropriated in Account No. 008-052-9573, "Greater Gainsboro Parking Garage." The Bid Committee further recommended that Council adopt a resolution indicating the City's intent to reimburse itself from the issuance of General Obligation Bond proceeds; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#35035-082100) 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. 63, page 420.) Mr. Hudson moved the adoption of Ordinance No. 35035-082100. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) Mr. Hudson offered the following emergency ordinance: (#35036-082100) AN ORDINANCE accepting the bid of J. M. Turner & Co., Inc., for construction of the Greater Gainsboro Parking Garage, 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 41 ACTION: ACTION: work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 421.) Mr. Hudson moved the adoption of Ordinance No. 35036-082100. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) Mr. Hudson offered the following resolution: (#35037-082100) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Resolution No. 35034-082100, adopted August 21, 2000, for certain expenditures to be made for construction of the Greater Gainsboro Parking Garage; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 63, page 422.) Mr. Hudson moved the adoption of Resolution No. 35037-082100. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) HOUSING/AUTHORITY-STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that all of that certain 12 foot alley extending approximately 180 feet along the entire northern 42 property line of a parcel of land identified as Official Tax No. 2013605, to the easternmost right-of-way boundary of First Street, N. W., be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, August 3, 2000, and Thursday, August 10, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the application was submitted for the purpose of initiating development activities within the Greater Gainsboro Redevelopment area; land within the vacated alley right-of-way and certain other adjacent properties will be redeveloped to provide an appropriate site for construction of a new parking garage, and a new pedestrian plaza will be located on the westerly side of the parking garage, was before Council. ACTION' The Planning Commission recommended that Council approve the request, subject to certain conditions as more fully set forth in the report. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson moved that the following ordinance be placed upon its first reading: (#35038) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 63, page 431.) 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 request. There being none, 43 Ordinance No. 35038 was adopted, on its first reading, by the following vote: ACTION: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) SEWERS AND STORM DRAINS-EASEMENTS-CITY PROPERTY- SCHOOLS-WATER RESOURCES: Pursuant to instructions of Council, the City Clerk having advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to grant a variable width easement for installation of overhead and underground electric power service across City-owned property located on the Garden City Elementary School site, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, August 13, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Water Resources Committee advising that Appalachian Power Company (APCO), d/b/a American Electric Power, has requested a variable width (ten to twenty-feet) easement for installation of overhead and underground facilities on the Garden City Elementary School site to provide upgraded electric service to the school, was before Council. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#35039) AN ORDINANCE authorizing the granting of a variable width easement for installation of overhead and underground electric power service across City-owned property located on the Garden City Elementary School site, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 433.) 44 The motion was seconded by Mr. White. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35039 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE- STREETS AND ALLEYS: Pursuant to instructions by Council, the City Clerk having advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke for a determination that proposed street and alley closures in the Greater Gainsboro Redevelopment areas, as well as public infrastructure improvements illustrated in the Henry Street Master Plan, are substantially in accord with the City's adopted Comprehensive Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 1, 2000, and Friday, September 8, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that a motion finding that the proposed public improvements and new public facilities are consistent with the City's adopted Comprehensive Plan did not pass since two members abstained from voting, one member voted no, and one member was absent; and no other motion was made, was before Council. The City Manager submitted a written report advising that on July 20, 2000, the City Planning Commission reviewed the Comprehensive Plan for public improvements to the Greater Gainsboro Redevelopment Area for consistency with the City's adopted Comprehensive Plan; unfortunately, the information that was presented to the Planning Commission was not as specific as it should have been and there were 45 questions by members; therefore, because of the confusion, the Commission's motion to find the proposed public improvements and facilities substantially in accordance with the Comprehensive Plan was defeated by a vote of 3-1-2 because a majority of the Planning Commission members present did not vote in favor of the motion. In an effort to move the matter forward, the City Manager presented additional information regarding the proposed public improvements and facilities which are more clearly depicted on a map attached to the report. She advised that ideally, an affirmative vote from the Planning Commission is desirable, but given the existing time frames established for the various development projects in the area (Higher Education Center and Parking Garage), it is critical that Council take action on the matter as soon as possible. It was explained that the City Planning Commission report advises that the public facilities are not identified or included in the Comprehensive Plan; therefore, a finding that the proposed public improvements and facilities are substantially in accordance with the Comprehensive Plan is needed; and specifically, the Comprehensive Plan recommends the following: The commercial, industrial and residential growth and development should be encouraged through public and private actions to ensure a strong and diversified economic base and employment opportunities for all of Roanoke's citizens. Roanoke's downtown should continue to evolve as the region's "central business district" for office, financial, supporting retail, cultural, entertainment and governmental services. Development of new commercial areas in the City should be carefully planned and designed to promote quality development and good land use. Development of housing in downtown should be encouraged with both public and private initiatives and new housing should be encouraged to respond to current needs and trends. The City Manager advised that the proposed public 46 ACTION: improvements and facilities support the recommendations of the Comprehensive Plan; therefore, to meet the critical time frames for important projects in the Greater Gainsboro area, it is requested that Council find that the proposed public improvements and facilities identified on the above referenced map are substantially in accordance with the City's Comprehensive Plan, Roanoke Vision. (For full text, see report on file in the City Clerk's Office.) Mr. White advised that the City Planning Commission is the entity that Council looks to for recommendations regarding the City's compliance with the Comprehensive Plan, and, in view of the fact that Council has received further revision/clarification at the last minute, he would be hesitant to vote in favor of the request at this time; therefore, he moved that the matter be referred back to the City Planning Commission for further study and clarification. The motion was seconded by Mr. Hudson Ms. Wyatt called attention to the parking needs of the Roanoke Higher Education Center and inquired about the impact of delaying action on the matter; whereupon, the City Manager advised that construction of the parking garage which was recently approved by Council cannot proceed until consistency with the Comprehensive Plan is determined by Council; therefore, delaying action on the request would have an impact not only on the parking garage but on construction and notice to proceed on certain other public improvements located in and around the Roanoke Higher Education Center. ACTION: The City Attorney explained that the Code of Virginia, 1950, as amended, provides that unless and until a public facility or structure is shown generally on the Iocality's Comprehensive Plan and construction is generally in conformance with the Comprehensive Plan, the locality may not proceed with the public project. The motion to refer the matter back to the City Planning Commission for further study and clarification was adopted, Council Member Wyatt voted no. STREETS AND ALLEYS: Pursuant to instructions by Council, the City Clerk having advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the question of altering and closing, by barricade, that portion of First 47 Street, N. W., as the same extends between Shenandoah Avenue and Centre Avenue, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, August 3, 2000, and Thursday, August 10, 2000. ACTION: (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request is to alter, by barricade, a section of First Street, N. W., for vehicular traffic, and to redesign and convert the street for the exclusive use of pedestrians; specifically, the First Street Bridge, spanning the Norfolk Southern Railway lines and Shenandoah Avenue, N. W., will be redesigned and converted to a pedestrian bridge; the land within the altered section of First Street will be redeveloped and designed as a pedestrian plaza; a parking garage will be located on the easterly side of the street right-of-way currently being requested for closure and alteration; and construction of this phase of the project is scheduled to begin in September, 2000, was before Council. The Planning Commission recommended that Council approve the request. (For full text, see report on file in the City Clerk's Office.) Mr. Carder moved that the following ordinance be placed upon its first reading: (#35040) AN ORDINANCE authorizing the alteration and closing by barricade of certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 63, page 434.) The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, 48 Ordinance No. 35040 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) CITY PROPERTY-CHURCH AVENUE PARKING GARAGE- HOSPITALS-VIRGINIA TECH-WATER RESOURCES: Pursuant to instructions by Council, the City Clerk having advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to lease 6,800 square feet of office space located at 111-117 Church Avenue, S. W., to Carilion Biomedical Institute for an initial one year term, with an option to renew for four one-year terms, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, August 13, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Water Resources Committee advising that relocation of the current tenants of the Roanoke Graduate Center area in the Church Avenue Parking Garage to the Roanoke Higher Education Center in the Greater Gainsboro Development area is scheduled to be completed by September 1, 2000, which will vacate approximately 6,800 square feet of office/classroom space at 111-117 Church Avenue, S. W.; the space will be made available to Carilion Biomedical Institute when vacated by the current tenants under essentially the same terms and conditions as the current lease with VPI (year-to-year basis, not to exceed five years, with a 90-day cancellation provision at the rate of $1.00 per year); and the lease will also provide for 30 parking permits, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#35041-082100) AN ORDINANCE authorizing the City Manager 49 ACTION: to enter into an agreement with Carilion Biomedical Institute for the lease of office space at 111-117 Church Avenue Parking Garage, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 423.) Mr. Hudson moved the adoption of Ordinance No. 35041-082100. The motion was seconded by Mr. Bestpitch. The Mayor inquired if there were persons present who would like to address Council in connection with the matter. There being none, Ordinance No. 35041-082100 was adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) OTHER HEARINGS OF CITIZENS UPON PUBLIC MATTERS: PURCHASE/SALE OF PROPERTY-COMPLAINTS-HOUSING/ AUTHORITY-COMMUNITY PLANNING: Mr. James Armstrong, 619 Highland Avenue, S. W., expressed concern with regard to the sale of approximately 6.5 acres of land by the City in the Westview Terrace area. He inquired as to the responsible party for coordinating housing activities in the City of Roanoke, particularly when such activities involve public funds. He encouraged Council to instruct the City's Department of Housing and Community Development and the Roanoke Redevelopment and Housing Authority to develop recommendations regarding housing policy for the City of Roanoke. The remarks were automatically referred to the City Manager. COMPLAINTS-HOUSING/AUTHORITY: Mr. Robert Gravely, 1412 Moorman Road, N. W., expressed concern with regard to the lack of affordable housing in the City of Roanoke for Iow-income citizens. The remarks were automatically referred to the City Manager. TRAFFIC-ROANOKE NEIGHBORHOOD PARTNERSHIP: Mr. Chris Craft, 1501 East Gate Avenue, N. E., expressed appreciation for the 5O City's prompt response to his request for a traffic signal in the Hollins Road area. He extended an invitation to the Members of Council to participate in a walking tour of the East Gate neighborhood. The remarks were automatically referred to the City Manager. There being no further business, at 8:15 p.m., the Mayor declared the meeting in recess until Monday, August 28, 2000, at 5:00 p.m., at which time Council will participate in a bus tour of the Peters Creek Road neighborhood. The meeting of Roanoke City Council reconvened on Monday, August 28, 2000, at 5:00 p.m., in the parking lot adjacent to the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, at which time the Members of Council boarded a bus for a tour of the Peters Creek North neighborhood, with Mayor Ralph K. Smith presiding. PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr. (joined the tour at Westside Elementary School), Linda F. Wyatt, William D. Bestpitch, C. Nelson Harris and Mayor Ralph K. Smith ............................................................ 6. ABSENT: Vice-MayorWilliam H. Carder ................................................... 1. OTHERS PRESENT: Darlene L. Burcham, City Manager; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Kit B. Kiser, Assistant City Manager for Operations; George C. Snead, Jr., Assistant City Manager for Community Development; Robert K. Bengtson, Director of Public Works; Evelyn S. Lander, Director of Planning and Code Enforcement; Dolores Daniels, Community Relations Coordinator; Mariam Stacy, Roanoke Neighborhood Partnership Coordinator; James W. Settle, Neighborhood Planner; Christopher L. Chittum, City Planner II; Elizabeth A. Neu, Director of Economic Development; Christopher L. Slone, Public Information Officer; A. L. Gaskins, Chief of Police; and Philip C. Schirmer, City Engineer. The bus departed from the Municipal Building at 5:15 p.m., en route to Westside Elementary School where members of Council were met by neighborhood representatives. Members of Council then toured the Peters Creek North area which is summarized as follows: Peters Creek North is a middle-class, single-family community located in northwest Roanoke, and includes the areas commonly known as Washington 51 Heights, Westview Terrace, Fairhope, Miller Court, Dansbury Acres, and Peachtree/Norwood. It provides for quiet suburban living with easy access to downtown, Valley View and countless other services. Its boundaries are Hershberger Road and Roanoke Country Club on the east, Melrose Avenue on the south, 1-581 on the north, and the City of Salem on the west. Peters Creek North has a population of 6,592, with a diversity of population that should be a model for all of Roanoke's neighborhoods. The predominant housing style in Peters Creek North is the small suburban- style ranch home common in the 1950's and 1960's. The oldest area is the Washington Heights section of the neighborhood, which has small homes that were developed in a grid pattern. The other parts of the neighborhood typically have brick ranch homes or suburban split-levels. Peters Creek North faces many of the issues common to areas that were annexed by the City. The area has very few sidewalks, curbs, or gutters. Storm drainage and flooding are problems, especially along Peters Creek. Improvements are needed to alleviate traffic, specifically on Hershberger Road. Additionally, the neighborhood has no City parks. The tour highlighted areas without sanitary sewers and evaluation of development options for vacant land, including the Westview Terrace property. Citizens in the Peters Creek North area have been actively working with the City Planning Department in preparation of the neighborhood plan. Three planning meetings were conducted in the area and were well attended, and leaders from the main neighborhoods have been working closely with the City. (See tour map of Peters Creek North area on file in the City Clerk's Office.) The bus returned to the Noel C. Taylor Municipal Building at 7:00 p.m.., at which time the Mayor declared the regular meeting of Roanoke City Council for Monday, August 21, 2000, and recessed until Monday, August 28, 2000, adjourned. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 52 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File 110-247 Stephanie M. Moon Deputy City Clerk James D. Ritchie Deputy City Manager Roanoke, Virginia Dear Mr. Ritchie: Your communication submitting your resignation as a City representative to the Hotel Roanoke Conference Center Commission, effective April 1,2001, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. On motion, duly seconded and unanimously adopted, the communication was received and filed and your resignation was accepted, effective April 1, 2001. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a City representative to the Hotel Roanoke Conference Center Commission from April 5, 1999, to April 1,2001. 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:jms Enclosure N:\CKSHl~Agendas 2001\Corresp Feb 5 2001 .wpd James D. Ritchie February 12, 2001 Page 2 pc: John FI. Parrott, Chair, Hotel Roanoke Conference Center Commission, P. O. Box 1628, Roanoke, Virginia 24008 Dr. Raymond D. Smoot, Jr., Secretary, Hotel Roanoke Conference Center Commission, Virginia Technical Institute and State University, 312 Burruss Hall, Blacksburg, Virginia 24061 Deborah J. Moses, Executive Director, Hotel Roanoke Conference Center Commission Stephanie M. Moon, Deputy City Clerk N:\CKSH l~,gendas 200 l\Corresp Feb 5 2001,wpd Z 0 ~ u Z O~ ~ ~ z~ ro C-3 Office of the City Manager Janua~ 26,2001 The Honorable Ralph K. Smith, Mayor The Honorable William H. Carder, Vice-Mayor The Honorable William D. Bestpitch The Honorable C. Nelson Harris The Honorable W. Alvin Hudson, Jr. The Honorable William White, Sr. The Honorable Linda F. Wyatt Dear Mayor Smith and Members of City Council: Because of my impending retirement from the city, I wish to hereby submit my resignation as city administration's representative to the Hotel Roanoke Conference Ce, nter Commission, effective April 1, 2001. It has been a privilege and a pleasure to serve with this outstanding organization' The success of the Conference Center is important to the Roanoke Valley and I wish the Commission well in the future. Thank you for giving me the opportunity to serve. Sincerely, Deputy City Manager JDR:ca C: John H. Parrott, Chairman, HRCCC James D. Grisso, Director of Finance Darlene L. Burcham, City Manager Deborah J. Moses, Executive Director, HRCCC Roon-~ 364 Municipal South 215 Church Avenue, S.W Roanoke, Virginia 24[]11 - 1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www ci.roanoke.va,us MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us February 12, 2001 File #110-314-335 STEPHANIE M. MOON Deputy City Clerk Ms. Ann Janney-Schultz 1914 Westover Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Schultz: A communication from S. James Sikkema, Executive Director, Blue Ridge Behavioral Healtchare, advising of your resignation as a member of the Blue Ridge Behavioral Healthcare Board of Directors, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. On motion, duly seconded and unanimously 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 Blue Ridge Behavioral Healthcare Board of Directors from January 3, 1994, to December 31,2000. 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:jms Enclosure N:\CKSHl~gendas 2001\Corresp Feb 5 2001 .wpd Ms. Ann Janney-Schultz February 12, 2001 Page 2 pc: Dr. William L. Lee, Chair, Blue Ridge Behavioral Healthcare, Board of Directors, 4139 Appleton Avenue, N. W., Roanoke, Virginia 24017 S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare, 301 Elm Avenue, S. W., Roanoke, Virginia 24016-4001 Rita J. Gliniecki, Secretary, Blue Ridge Behavioral Healthcare, Board of Directors, 301 Elm Avenue, S. W., Roanoke, Virginia 24016-4001 Stephanie M. Moon, Deputy City Clerk N:~CKSHl~Agendas 2001\Corresp Feb 5 2001 .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 February 12, 2001 File #110-488 Mr. Mark E. Petersen 1210 Penmar Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. Petersen: Your communication submitting your resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. On motion, duly seconded and unanimously 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 Roanoke Neighborhood Partnership Steering Committee from January 4, 1999, to January 17, 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:jms Enclosure N:\CKSHl~Agendas 2001\Corresp Fei) 5 2001 .wpd Mr. Mark E. Petersen February 12, 2001 Page 2 pc: Barbara N. Duerk, Chair, Roanoke Neighborhood Partnership Steering Committee, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Elizabeth Watson, Secretary, Roanoke Neighborhood Partnership Steering Committee Stephanie M. Moon, Deputy City Clerk N:\CKSH 1 ~Agendas 200 l\Corresp Feb 5 2001 .wpd 0~., February 5, 2001 C-6 ? '? '!}~ffice of the City Manager The Honorable Ralph K. Smith, Mayor The Honorable William H. Carder, Vice-Mayor The Honorable William D. Bestpitch The Honorable C. Nelson Harris The Honorable W. Alvin Hudson, Jr. The Honorable William VVhite, Sr. The Honorable Linda F. VVyatt Dear Mayor Smith and Members of City Council: SUBJECT: Joint Public Hearing for South Jefferson Redevelopment Plan As the City of Roanoke moves forward with the redevelopment plan for the Riverside Centre for Research and Technology in the South Jefferson Street area, a public hearing has been proposed for February 26, 2001. The hearing, which will be held at 7:00 p.m., is a joint effort of City Council, the Planning Commission, and Roanoke Redevelopment and Housing Authority's Board of Commissioners. The meeting will be in Fitzpatrick Hall at the Jefferson Center. Council is asked to approve and advertise a special meeting of Council for the purpose of conducting this joint public hearing. DLB:ca Respectfully submitted, Darlene L. Burcham City Manager C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va.us 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 01610118 State of Virginia City of Roanoke Rke Redev. & Hous I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this c~__~_day of Februa~ 2001. Witness my hand and official seal._~_~_~_~ , Notary Public My commission expires _~__~F~_~ . .... PUBLISHED ON: 0~/14 02/21 TOTAL COST: 425.86 FILED ON: 02/21/01 Authorized Signature: NOT1CE OF PUBUC HEARING (853-2541) by Noon mt Thurs- TO WtK)M IT MAY CONCERN: ~ pfum floanoke RedevMoprnoflt and Housing Authority w4# hold a jmnt 26, 2001, at 7.'00 p.m,, soon thereafter as the matter may be hoe~, In .Fitzpatrick Hall at the Jef~n Center, 540 Campbefl Avenue, S. W~, e~h Re~e~e~t~ Ptan ('Redevelopment Plan') and to date w~ether the proposed Redevelopment Plan Is sub- atantlally in accord with ROANOKE VISION, tim City's adopted Comprehensive Plan. an arqa which ia ~enerally east of Rou~ 220 (the Roy g Web- Roanoke River, ~outh of the Elm Avenue interchange with Interst~e.5~l, and nort~ of and e~mornic ~:wvth throu~ redevelOpment by private ente~prlseo Specifically, the PMn are to eliminate bli~t, bllgl~ng influences, detedom- Improve business activity and value for the City of Roanoke, make best use of the ama's IocatJoe and urban ch~act~r, and provMe for a versatile mix of compllmentmy land uses v/i~la the redevelopment area. velopment I~an, as well as a redevMopment area, is avail- able for review In the Depart- meet of I~annln~ and Commu- ~ C. Tay;o~ Munldpal Oulld- In~ 215 Chulch Avenue, S. W., Roanoke, V~rlpnla 240XX. Any the Redevelopment I~an should 'Redevelopment and Housing I Authority (540) 983-9281. · ff yo~ are a peeace Mth a dls- tlons fo~ this pubJic hearing, c~y of Roanoke · Redevelopment and HouMng Aumomy (161O118) Billing Services Representative CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk February 12, 2001 File #15-110-318 Teresa I. McDaniel, Secretary Advisory Board of Human Development Roanoke, Virginia Dear Ms. McDaniel: This is to advise you that Clarence W. Hall has qualified as a member of the Advisory Board of Human Development for a term ending November 30, 2004. Sincerely, Mary F. Parker, CMO City Clerk MFP:jms pc: Stephanie M. Moon, Deputy City Clerk N:\CKSHl~Agendas 2001\Corresp Feb 5 2001 .wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Clarence W. Hall, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Advisory Board of Human Development for a term ending November 30, 2004, according to th est of my ability. So help me God. Subscribed and sworn to before me this~::~ d 001. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:L&gendas 2001 \Corresp Jan 5 2001 .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 lelephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us February 12, 2001 File #178-488 STEPHANIE M. MOON Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, February 5, 2001, Ms. Gloria Dorma, 1327-B Moorman Road, N. W., reiterated her remarks presented at the Monday, October 4, 1999, City Council meeting that the City consider the matter of housing density in connection with new construction, particularly in the northwest section of Roanoke City. She asked that her remarks be referred not only to the City Manager, but to the City Attorney for review as to legal ramifications. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: Ms. Gloria Dorma, 1327-B Moorman Road, N. W., Roanoke, Virginia 24016 William M. Hackworth, City Attorney George C. Snead, Jr., Assistant City Manager for Community Development Evelyn S. Lander, Director, Planning and Code Enforcement N :\CKSH l~Agendas 200 l\Corresp Feb 5 2001 .wpd January 30, 2001 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: This is to request time on the City Council agenda on Monday, February 5 to compliment the Roanoke Neighborhood Partnership Steering Committee regarding its efforts in the City. Sincerely, Gloria Dorma 01/29/2081 09:15 5405639888 ROANOKE RS PAGE DEPARTMENT OF THE ~ ROANOKE RECRUITING STATION 5375 PETERS CREEK ROAI~- ~ ROANOKE, VA 24019 -U ! 3.b. January 29, 2001 To the Honorable Ralph K. Smith and members of the Roanoke City Council Roanoke, Vir~fia Oarner to appcar before council to address Army oppornmmes on u~ ~ "z'- "~] ' contact for this request is Sergeant First Class Herron. I can be reached at (540) 563-0S65. Michael L. Herron Sergeant Firs~ Cta~ United Stat~ Army ZAN-29-20~1 09:~4 54056~9888 95~ P.01 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk February 12, 2001 File #38-60-184 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy ora communication from Council Member C. Nelson Harris, Chair, City Council Personnel Committee, requesting that the establishment of an Assistant City Clerk position be referred to fiscal year 2001-02 budget study, which communication was before the Council of the City of Roanoke at a regular meeting on Monday, February 5, 2001. On motion, duly seconded and unanimously adopted, the matter was referred to fiscal year 2001-02 budget study. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc; James D. Grisso, Director of Finance Barry L. Key, Director, Management and Budget Sherman M. Stovall, Office of Management and Budget N:\CKSHl~Agendas 2001\Corresp Feb 5 2001 .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 February 5, 2001 .8. Council Members: William D. Bestpitch William H. Carder C. Nelson Hams W. Alvin Hudson, Jr. William White, Sr. Linda E Wyatt The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: As a part of the City Clerk's mid-year performance evaluation with the Members of Council in January, 2001, she requested that Council authorize the establishment of an Assistant City Clerk position. This position will be responsible primarily for assisting with electronic City Council agenda preparation, document imaging and training of staff, updating various records management data, and other related duties. Accordingly, on behalf of the City Council's Personnel Committee, it is requested that the matter be referred to fiscal year 2001-02 budget study. With kindest regards, I am CNH:sm Sincerely, C. Nelson Harris, Chair City Council Personnel Committee N:\cksm 1\COUNCIL\Harris 01~Additional Deputy City Clerk Position wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk February 12, 2001 File #60-79 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a communication from Council Member William White, Sr., requesting that the matter of an increase in the City's transient room tax be referred to fiscal year 2001-02 budget study. On motion, duly seconded and adopted, the matter was referred to fiscal year 2001-02 budget study. Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: James D. Grisso, Director of Finance Barry L. Key, Director, Management and Budget Sherman M. Stovall, Office of Management and Budget N:\CKSH l~Agendas 2001\Con'esp Feb 5 2001 .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 February 5, 2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Subject: Increase in Transient Room Tax Dear Mayor Smith and Members of Council: The purpose of this letter is to advise you that I am proposing an increase of one cent in the Transient Room Tax, effective July 1, 2001, which will result in approximately a $314,000.00 increase in annual revenue. I am recommending that the increased revenue be reserved for the Roanoke Valley Convention and Visitors Bureau (RVCVB), orthe City's designee, for use in its marketing efforts. Some of the benefits which will result from this action are as follows: This tax will be paid almost entirely by visitors from outside the City of Roanoke. By directing this increased revenue to the RVCVB, we have an opportunity to increase other taxes: i.e., the sales tax and the meals tax. The City's tax base will be improved since less reliance will have to be placed on real estate taxes, thus, improving what I consider the integrity of the City's tax base. I believe that if we provide adequate funding to the RVCVB, the other participating jurisdictions will follow our lead and increase their funding. We will then have an adequate budget to sufficiently market the Roanoke Valley and benefit all of its citizens. As most of Council is aware, based on current statistics, the Roanoke Valley room occupancy rate is 59%, while the state average is approximately 65%, and the national average is 68%. We must increase our occupancy rate for our hotels to be competitive. One of the key components of increasing the occupancy rate is marketing. I will not cite all of the benefits from an increase in the occupancy rate, but it would provide several million dollars of increased revenue to the various local governments in the area. The Honorable Mayor and Members of the Roanoke City Council February 5, 2001 Page 2 For your information in analyzing this proposal, I have attached a statistical summary. Therefore, based on the above, I am requesting that this matter be referred to fiscal year 2001-02 budget study. With warmest regards, I am · Cj;~dially yours, Council Member WWsr:sm Attachment pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Robert H. Bird, Municipal Auditor Statistical Summary Lodging Tax Current Lodging Tax Rates: City of Roanoke 6% County of Roanoke 5% City of Salem 5% City of Richmond 8% City of Norfolk 8% Hotel Room Inventory There Are approximately 5,200 hotel rooms in the Roanoke Valley. 2,700 of these rooms are in the City of Roanoke. Occupancy Averages: Nationally 68% Virginia 65% Roanoke Valley 59% Average Daily Room Rate: Virginia $80.00 Roanoke Valley $58.00 City of Roanoke Lodging Tax Collections for FY 1999/2000: $1,676,143.00 $1,676,143.00 + 6 = $279,357.00 for each 1% of Lodging Tax 1% increase would generate $279,357.00 in new tax revenue (current occupancy level) Increasing occupancy by 6% to the Virginia average (from 59% to 65%) would do the following; Roanoke Valley $5,200.00 x .59 x 365 x 58 = $5,200.00 x .65 x 365 x 58 = City of Roanoke $64,949,560.00 (sales) $71,554,600.00 (sales) $6,605,040.00 x .055 = $363,277.00 additional taxes $2,700.00 x .59 x 365 x 58 = $2,700.00 x .65 x 365 x 58 = $33,723,810.00 $37,153,350.00 $3,429,540.00 x.06 = $205,772.00 additionaltaxes 1%decrease = $205,772.00 + 6 = $34,953.00. ($34,953.00 plus $279,357.00)decrease RVCVB Funding $314,310.00 February 5, 2001 City Manager Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: SUBJECT: Presentation on Crystal Spring This is to request space on Council's regular agenda for a presentation on the above referenced subject. Please allow 25 minutes for this presentation. Respectfully submitted, City Manager DLB:ca c: City Attorney Director of Finance City Clerk Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci.roanoke.va.us CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #67 Stephanie 5I. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your oral briefing with regard to Wiley Drive was before the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. On motion, duly seconded and adopted, Council accepted the oral briefing with the request that City staff review and report to Council by Tuesday, February 20, 2001, on implications of not including Wasena Park in the proposed plan, pending completion of the flood control project on the Roanoke River by the U. S. Army Corp of Engineers, and that any plan which is submitted to Council will address requirements of the Americans with Disabilities Act. Vice-Mayor Carder requested that City staff review the matter of installing stop signs at pedestrian crosswalks, and the posting of 13 mph as opposed to 15 mph speed limit signs. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms pc: William M. Hackworth, City Attorney James D. Grisso, Director of Finance N:\CKSH l~Agendas 2001 \Corresp Feb 5 2001 .wpci $.a.2. Office of the City Manager February 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: SUBJECT: Briefing on Wiley Drive This is to request 15 minutes on Council's regular agenda for a briefing on Wiley Drive. DLB:ca Re~;~ectfully submitted, -Darlene L. Burct~m City Manager C: City Attorney Director of Finance City Clerk Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va,us Wiley Drive BriefinR February 5, 2001 Introduction · Conceptual Plan · Collaborative effort of Engineering, Public Works, Planning and Parks Departments · This plan responds to governing body's request for a plan providing one way vehicular traffic from Wasena Park through Smith Park and greenway trail development · I am pleased to present a plan today that provides more than 1 1/2 miles of continuous greenway trail and accommodates eastbound vehicular traffic · The plan makes effective use of resources, very little new pavement, only in the new parking areas · Plan was reviewed with Roanoke City Greenway Commission members, Barry Baird, Lucy Ellet and Bob Fetzer, Regional Greenways Coodinator, Liz Belcher, the plan has also benefited from suggestions of Ms. Christine Montgomery and Gordan Davidson, two of our city's Mobility impaired citizens, Typical Section · Narrow vehicular lane. .. traffic calming · Generous trail section, generally 11 feet or more Median Barrier · Provides to separation of trail users and motor vehicles · 2' wide, 6" high raised median · Planter Boxes Plan Orientation Pedestrian Crossings · Safety · Traffic Islands Trail Head Parking Approximately 90 parking spaces, each has handicap van accessible spaces Li.~hted Facility... existing street lights Height Restrictions 10 feet standard school bus 10-6"... handicap bus is 9'-0" Wasena Park: · Proposing less permanent improvements, impact of the COE Flood reduction project, very tight budget, $200,000 Schedule: With the governing body endorsement today.., complete by mid summer 5.a.3. ? 0 ~!ce of the City Manager February 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: SUBJECT: New Roanoke Web Site Please reserve space on your agenda for a presentation on the above subject. Respectfully submitted, City Manager DLB:ca cc: City Attorney Director of Finance City Clerk Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va.us 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 February 12, 2001 File #409-467 STEPHANIE M. MOON Deputy City Clerk Alan Woodrum Woody Graphics, Inc. 5663 Crescent Boulevard, S. W. Roanoke, Virginia 24014 Dear Mr. Woodrum: I am enClosing copy of Resolution No. 35194-020501, accepting the bid of Woody Graphics, Inc., to provide, for a one year period, with the option to renew for four additional one-year periods, commercial printing services at various costs per impression, totaling $51,307.00 per year; awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance D. Darwin Roupe, Director, Department of General Services Robert L. White, Manager, Purchasing Barry L. Key, Director, Management and Budget William Murray, Roanoke City Public Schools N:\CKSH l~a, gendas 2001\Corresp Feb 5 2001 .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 February 12, 2001 File #409-467 STEPHANIE M. MOON Deputy City Clerk Boyd Johnson Jamont Press, Inc. P. O. Box 331 Roanoke, Virginia 24003 Virgil Hurt, Manager Kinko's 2239 Colonial Avenue, S. W. Roanoke, Virginia 24015 Barbara Sowers Mid-Atlantic Printers, Ltd. 503 Third Street Altavista, Virginia 24517 Dear Ms. Sowers and Gentlemen: I am enclosing copy of Resolution No. 35194-020501, accepting the bid of Woody Graphics, Inc., to provide, for a one year period, with the option to renew for four additional one-year periods, commercial printing services at various costs per impression, totaling $51,307.00 per year; awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. On behalf of the Mayor and Members of Roanoke City Council, I would like to express appreciation for submitting your bid on the abovedescribed printing services. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure N:\CKSHl~Agendas 2001\Corresp Feb 5 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of Pebruary, 2001. No. 35194-020501. A RESOLUTION accepting the bid of Woody Graphics, Inc., to provide commercial printing services, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid of Woody Graphics, Inc., to provide, for a one (1) year period, with the option to renew for four (4) additional one-year periods, commercial printing services at various costs per impression, totaling $51,307 per year, as is more particularly set forth in the February 5,2001, report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered such bidder, which bid is on file in the Department of Purchasing, be and is hereby ACCEPTED. 2. The City Manager or the Deputy City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, such contract to be in such form as is approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid services are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. 5.a.4. Office of the City Manager February 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Award of Bid to Continue to Provide Commercial Offset Printing Services Background: On November 19, 1999, the City Manager authorized the Department of Management Services to enter into a one-year contract with Woody Graphics, Inc., to provide commercial offset printing services for City departments and agencies at an annual cost of $51,307. Current Situation: The current offset printing contract will expire January 31,2001. In anticipation of the expiration of our printing contract and acting on a suggestion from a member of the Roanoke City School Board, staff from the Office of Management & Budget met with a representative from Roanoke City Public Schools to determine if there were areas of operations that might be accomplished through a joint effort. Roanoke County was also represented at this meeting. Common services used by each entity include: City of Roanoke provides in-house courier services and contracts out commercial offset printing, postage/presorting, and back-up courier service; e Roanoke City Public Schools provides in-house courier servi'ces, printing services through an in-house copier operation, and contracts out for postage/presorting, and is interested in being able to contract out some of their printing; and Roanoke County provides in-house courier services and contracts out commercial offset printing and postage, and has need for occasional courier back-up as well. However, because the three entities are so spread out geographically, only have copier technology capabilities in-house rather than commercial-grade offset printing, and individually cannot provide services to the other entities without adding staff and equipment -- all of which would significantly increase the cost of the services provided -- it is impractical to share these services. 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 Ralph K. Smith, Mayor, and Members of City Council Award of Bid to Continue to Provide Commercial Offset Printing Services Page 2 The recommendation was to share "joint contracts" instead, which will allow the entities to use the services at one Iow contract price. It was agreed that as the City's printing, courier, and postage contracts become eligible for rebid, the three entities would work together to develop specifications and effect the shared contract coverage. With this concept in mind, formal bids were requested for full commercial offset printing services on behalf of the City of Roanoke and back-up printing services for Roanoke City Public Schools. Roanoke County chose not to participate at this time. Four (4) local vendors responded. All bids were evaluated and the tabulated results are attached (see Attachment ^). The cost of providing printing services in-house for the City ($87,800 + capital expenditure of approximately $40,000 for equipment) was also evaluated and is included in Attachment A. The lowest responsible bid meeting specifications was submitted by Woody Graphics, Inc., at an annual cost of $51,307 -the same annual cost of our current printing contract. Funding for these printing services is available in user department operating accounts. The cost of this contract over the 5-year life of the contract is approximately $256,535 for services provided to the City. Recommended Action (s): It is recommended that City Council authorize the City Manager to enter into a one-year agreement, with the option for the City to renew for four (4) additional one-year periods, for commercial offset printing services at the various costs per impression, totaling approximately $51,307 per year, or approximately $256,535 over the 5-year period of the contract, as bid by Woody Graphics, Inc., and reject all other bids. Respectfully submitted, City Manager Attachments: I C: City Clerk City Attorney Director of Finance Manager of Purchasing Management Services Mr. Bill Murray, Roanoke City Public Schools Cf 01-04 MANAGEMENT SERVICES - PRINTING BID WORKSHEET - Attachment A DESCRIPTION/VENDOR Services Jamont Press, Mid-Atlantic Cost) Did vendor bid ~offset' printing capabilities? Yes No-Majority No-Majority Yes would be run on would be run copier on copier 1,955,000 impressions (front only) .04 .0245 .025 .0128 Section 2:8 1/2" x 11, Colored 20 lb.: Total - 8~fion 4 DESCRIPTION/VENDOR Services Jamont Press, Mid-Atlantic (In-house Inc. Kinko's Printers, Ltd. Section 5:8 1/2" x 11, White 90 lb. Index: 20,000 impressions (front only) 0.04 .005 .045 .0329 15,000 impressions (front only) 0.04 .05 .045 .035 ec.on.: 3,000 impressions (front only) 0.08 .10 .20 .1236 Section 8: 2-Color Professional/Business Card~:Cannot Provide In-house 4,000 impressions .20 .75 .0728 $o.~ Section 9:8 1/2" x 11 Carbonless Paper: 0.04 2-Pa~ 3,000 Sets $240.00 $300.00 $450.00 $465.00 a-~. ~,ooo Set~ ,~0.00 1,~00.oo ~,,00.00 ~,S~ ~.00 4-PEA 1,000 Sets 160.00 200.00 300.00 389.00 5-Pad 2,000 Sets 400.00 500.00 750.00 756.00 2 (In-house Inc. Kinko's Printers, Ltd. Section 10:8 1/2" x 5 1/2" Carbonless: a-Part 20,000 Sets 0.04 .10 .225 .1112 Total.Section 10 $1,200.00 $2,000.00 $2,250.00 $2,223.00 25,000 Impressions (front only) 0.04 .0245 .025 .0204 Total - Section 11 $1,000.00 $612.60 $625.00 $510.00 $1,200 $3,000.00 $1,920.18 $1,673.00 Letterhead: 30,000 impressions 1,200 3,000.00 3,820.50 2,761.00 Envelopes: 30,000 impressions Total - Section 13 Section 14: Perforated Forms: Numbered Forms: Cannot Provide 5,000, 4-Part Work Orders w/carbon paper In-house $1,250.00 $1,500.00 $545.00 15,000, 2-Part Payment Vouchers with 3,000.00 2,317.50 2,340.00 carbonless paper $0.00 Total - Section 14 3 DESCRIPTION/VENDOR Services Jamont Press, Mid-Atlantic (In-house Inc. Kinko's Printers, Ltd. Section 15: Finishing Services: Is there an additional charge for cutting? If yes, No Yes Yes Yes what. $5.00/M $2.00/M $1.00/Cut $2,500.00 $1 ,ooo.oo $1 ,ooo (Cost based on 500,000 sheets or 1,000 Cuts) Is there an additional charge for padding? If yes, No Yes Yes Yes what. $5.00/M $4.00/M $6.00/M $10,870.00 $8,696.00 $13,044.00 (Cost based on 2,174,000 sheets or 21,740 pads) charge for collating? If yes, No No Yes Yes Is there an additional what. (Used machine-collation as basis) $20.00 $29.00 $200.00 $290.00 (Cost based on 10,000 sheets or 10 hours) Is there an additional charge for folding? If yes, No Yes Yes Yes what. (Used machine-folding as basis) $.10 $.02 $.03 $1,000.00 $200.00 $300.00 (Cost based on 10,000 sheets) charge for stapling? Ifyes, No Yes Yes Yes Is there an additional what. (Used machine-stapling as basis) $.03 $.02 $.02 $60.00 $40.00 $40.00 (Cost based on 2,000 staples or 10 Hours) Total - Section 15 N/A $14,~0.~ $10,1~.~ $14,674.~ ~ 4 (In-house Inc. Kinko's Printers, Ltd. Cost) Is there an additional charge for set-up? If yes, No Yes No No what. $10.00 $10,400.00 (Cost based on 1,040 set-ups or 87 hours) Is there an additional charge for ink change-over. If No Yes No Yes yes, what. $25.00 $10.00 $2,500.00 $1,000.00 (Cost based on 100 ink change-overs) N/A $12,900.00 N/A $1,000.00 Total - Section 16 Section 17: Turn-around Timeframe: Guaranteed turn-around time (including delivery to City): 3 Days 4 Days 1 Day 7 Days Routine print requests? 3 Days 3 Days 1 Day 4 Days Request for proof? 3 Days 3 Days 2 Day 7 Days Proof requested print requests? Yes Yes Yes Yes Meet 7-day turnaround timeframe? Section 18: Financial Records: Current audited financial reports for previous two N/^ No No No fiscal years attached? Number of years operating experience? N/A 13 30 91 Date of in o po ation bu ine 19S2 970 1909 5 Section 20: Technical Service Capability: Description of technical service capability. Full Service Full Service Full Service Full Service Section 21: Delivery Service Capability: Company Delivery Delivery in vehicle delivery Description of delivery service capabilities. Delivery only to anywhere in city Roanoke metro from Altavista Section 22: Contract Start-up: Successful bidder start-up timeframe? 6-8 Weeks January 1,2001 Next day 30 days or less Section 23: Customer References: 3 customer references provided? N/A Yes Yes Yes * To provide printing services in-house would also require a start-up cost/capital outlay of approximately $40,000 for necessary equipment and supplies. ** Indicates recommendation. BID COMMI'I-I'EE: Barry L. Key City of Roanoke, Management & Budget M. Diane Smallwood City of Roanoke, Management & Budget D. Darwin Roupe City of Roanoke, Purchasing Department Bill I~urray i~/ub Roanoke City lic Schools 6 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #411 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your communication with regard to Affirmative Action and Diversity Initiatives for the calendar year 2000, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. On motion, duly seconded and unanimously adopted, the communication was received and filed. Council Member White reiterated a previous request that the City's Affirmative Action and Diversity Initiatives report be submitted to Council, automatically, on an annual basis. Council Member Wyatt encouraged the City Manager to consider certain types of intensive diversity training programs for the City's managerial staff. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms pc: Kenneth S. Cronin, Director of Human Resources N:\CKSHl~Agendas 2001\Corresp Feb 5 2001 .wpd 5.a.5. Office of the City Manager February 5, 2001 Honorable Ralph Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Status Report City of Roanoke Affirmative Action and Diversity Initiatives for Calendar Year 2000 Background: The City of Roanoke strives to be a model employer by building and maintaining a workforce that reflects the rich diversity of the customers it serves. Toward this end, we realize that we must engage current staff, especially those in positions to hire, in attracting, recruiting, employing and retaining a diverse workforce committed to providing high-quality public service. During the past year, workforce diversity has been a top priority within City Hall. We have taken two specific actions aimed at building and maintaining a diverse, high-quality workforce that will help us achieve business and strategic goals. The first action involved increasing the number of applicants of people of color for vacant positions within departments employing few or no minorities. We identified four departments that were void of minority employees, and as a direct result of attention to this issue, one of those departments hired a person of color. While we are encouraged by that action, we realize that we still have much work to do. (For total employment by department and EEO categories as of December 31, 2000, see Attachment 1). Another important aspect of diversity is derived from different cultural perspectives. The City of Roanoke is working diligently to replace misconceptions and misinformation with facts, and stereotypes with awareness. Last year we committed resources and time to our Diversity Training program to ensure that all employees received training in this area by year's end. As a result, 1,080 employees completed a full day of diversity training, thereby accelerating the initial time frame for completion of this training by more than three years. With the exception of employees hired after the training ended in 2000 and those employees who encountered last-minute scheduling conflicts and will attend make-up sessions this year, all employees have received the first round of diversity training. We pushed hard to make this happen because we recognize that when supervisors, managers and employees understand the benefits and rewards of a diverse workforce, that understanding fosters an environment in which people who are culturally diverse can work together cooperatively to achieve organizational goals. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable Mayor and Members of City Council February 5, 2001 Page 2 Workforce Demographics Our 2000 employment data shows that 52 of the 229 new hires (23 percent) and 34 of the 103 promoted (33 percent) were people of color. However, the data also reveals that nearly half of the 52 people of color hired last year were in service and clerical positions and half of the 34 promoted also were in the same categories. Between 1999 and 2000 the percentage of white males in official and managerial positions rose 9.1 percent to 64.7 percent. This increase contrasts with the loss of 5.1 percent of black males and 4.4 percent of white females in these same type positions. The same trend was reflected in professional occupations as well. During this same time period 66.3 percent of all positions were held by males, while females filled 33.7 percent. The latest census figures show the population of the valley is 46.3 percent male and 53.7 percent female. This data clearly indicates that we must adjust recruiting strategies and other workforce planning initiatives. (Attachment 2) Outreach Recruitment City staff, primarily Fire/EMS, Police, Sheriff's office and Human Resources, continue to recruit candidates of color at military installations and traditionally black colleges and universities. We conduct on-site applicant testing, when possible, in an effort to streamline the process. The City also will provide overnight accommodations to potential candidates. Again, the intent is to make Roanoke more competitive. The City of Roanoke continues to co-sponsor This Valley Works Job Fair held every spring at the Roanoke Civic Center. More than 3,500 job applicants attended the fair last year and were able to meet with 115 employers. Our internship program continues to attract high-caliber rising college seniors. Eight students were placed in jobs throughout the City in 2000. Of that number, four were students of color. In recent months I have made a personal effort to seek out potential minority applicants who may not have previously considered the City of Roanoke as an employer. We need to enlist individuals and groups to encourage qualified individuals in the community to consider municipal employment. New Initiatives Commitment is the foundation of a successful effort to build and maintain a diverse, high-quality workforce. That commitment is being clearly stated and communicated from the top leadership to employees at all levels. In addition, the City has put together a cross-departmental, integrated team to identify ways to build and maintain a diverse workforce primarily in professional and management ranks. The team has been meeting for several months assessing the following: Honorable Mayor and Members of City Council February 5, 2001 Page 3 What structures are in place to support strong diversity management? What impediments do employees see that may affect workforce diversity? Are City values present to sustain commitment to the program? These are tough issues, but in order to change the culture, we must identify our strengths and weaknesses. The team has met at least twice monthly and some months weekly, in an effort to devise activities and objectives that will be directly integrated into the City's broader workforce planning activities. Here are some of the issues and solutions the team of ten has been evaluating: Issues The need to increase diversity in some departments. How to better communicate the importance of a diverse workforce so that it will be understood and embraced. Opportunities for mentoring minority and women employees. Projecting an image that attracts a diverse, high-quality workforce. Eliminating barriers that will enable the City as a high-quality employer to attract and retain a diverse, high-quality workforce. Potential Solutions Develop a system of measures to continually monitor the effectiveness of our diversity initiatives. Review results monthly to determine progress and successes. Modifying the Employee Development Program so that it can serve as a tool that supports continuous learning and development making it possible to establish clear paths for acquiring the skills, knowledge and experience that employees need for continual learning and career development. Right now this program includes a number of components including job opportunities analysis, skills analysis, skill-gap analysis, confidential skill and interest assessments, personal career counseling, ongoing mentoring relationships and enhanced tuition assistance. Enhance the internship program to attract persons of color who can move directly into entry level professional jobs. Develop an internet based application process that will allow persons to apply for jobs on-line. Enhance the City's "trainee" program helping managers understand how this program might be used to promote diversity through promotions. Develop partnerships with colleges and universities that will promote the City's diversity initiative and attract graduates of color to the City's workforce. Honorable Mayor and Members of City Council February 5, 2001 Page 4 One of Human Resources' 2001 goals is to design a long-term recruitment plan with input from managers, supervisors and employees, as well as from specialists in the human resources management and EEO/civil rights fields. The department will develop recruitment techniques to include learning where candidates go to find jobs in order to be certain the City's listings can be found in those places. HR will directly involve senior managers in planning and conducting recruitments activities. As leaders who are familiar with the City's cultures and needs, as managers who understand skills needs, and as selecting officials, they are an important part of recruitment activities. In order to succeed in developing and sustaining strong diversity initiatives, the leadership team and supervisors will be held accountable for achieving results. We will recognize and celebrate our successes. We are committed to having a diverse workforce that understands and is committed to public service. People are the life blood of our organization and diversity will only serve to strengthen our ability to be successful. Through our training, recruitment and team- based efforts to address diversity, it is clear that we are doing many of the right things to promote this issue. Yet there is much more to be done. I am committed to keeping this issue at the forefront of City business, as it will pay dividends for the community today and in the future. DLB C; City Clerk City Attorney Director of Finance Director of Human Resources Respectfully submitted, Darlene L. Burcham City Manager #01-05 Attachment 1 EM=LOYMENT by Department and EEO Categories TOTAL WM BM OM WF BILLINGS AND COLLECTIONS CLERICAL OFFICIALS/MANAGERS PROFESSIONALS SERVICE/MAINTENANCE TECHNICIANS BUILDING INSPECTION CLERICAL PROFESSIONALS TECHNICIANS BUILDING SERVICES CLERICAL OFFICIALS/MANAGERS PROTECTIVE SERVICE SERVICE/MAINTENANCE SKILLED CRAFT TECHNICIANS CIRCUIT COURT CLERICAL PROFESSIONALS CITIZEN'S SERVICE CENTER CLERICAL TECHNICIANS CITY ATTORNEY CLERICAL OFFICIALS/MANAGERS PROFESSIONALS CITY CLERK CLERICAL OFFICIALS/MANAGERS PROFESSIONALS CITY MANAGER CLERICAL OFFICIALS/MANAGERS PROFESSIONALS CIVIC FACILITIES CLERICAL OFFICIALS/MANAGERS PARA-PROFESSIONAL PROFESSIONALS SERVICE/MAINTENANCE SKILLED CRAFT TECHNICIANS CLERK OF CIRCUIT COURT CLERICAL PROFESSIONALS COMMISSIONER OF THE REV CLERICAL PROFESSIONALS 20 6 I 0 9 9 1 0 0 5 1 0 0 0 1 2 1 0 0 1 5 3 1 0 1 3 1 0 0 1 16 10 I 0 5 1 0 0 0 1 1 1 0 0 0 14 9 1 0 4 63 29 24 0 3 1 0 0 0 1 1 1 0 0 0 3 3 0 0 0 30 5 17 0 1 26 19 7 0 0 2 1 0 0 1 8 0 0 0 7 6 0 0 0 6 2 0 0 0 1 3 0 1 0 2 0 0 0 1 1 0 1 0 0 10 5 I 0 4 3 0 0 0 3 1 1 0 0 0 6 4 1 0 1 4 0 0 0 3 2 0 0 0 2 1 0 0 0 1 1 0 0 0 0 10 4 0 0 4 4 0 0 0 3 3 2 0 0 1 3 2 0 0 0 28 11 4 0 11 7 0 0 0 6 1 1 0 0 0 1 0 0 0 1 3 0 0 0 2 6 4 2 0 0 2 1 1 0 0 8 5 1 0 2 22 2 0 0 17 21 2 0 0 16 1 0 0 0 1 15 2 1 0 8 10 1 0 0 6 5 1 1 0 2 BF OF 4 0 3 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 7 0 0 0 0 0 0 0 7 0 0 0 0 0 0 1 0 0 0 1 1 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 0 2 0 1 0 0 0 1 0 2 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 3 0 3 0 0 0 4 0 3 0 1 0 December 31, 2000 Page 1 Attachment 1 EMPLOYMENT by Department and EEO Categories TOTAL WM BM OM WF COMMONWEALTH'S ATTORN CLERICAL PARA-PROFESSIONAL PROFESSIONALS TECHNICIANS COMMUNICATIONS TECHNICIANS DIRECTOR OF FINANCE CLERICAL OFFICIALS/MANAGERS PROFESSIONALS TECHNICIANS DIRECTOR OF PUBLIC WORK OFFICIALS/MANAGERS PROFESSIONALS DIRECTOR OF UTILITIES OFFICIALS/MANAGERS ECONOMIC DEVELOPMENT CLERICAL OFFICIALS/MANAGERS PROFESSIONALS EMERGENCY 911 TECHNICIANS EMERGENCY SERVICES TECHNICIANS ENGINEERING CLERICAL OFFICIALS/MANAGERS PROFESSIONALS SERVICE/MAINTENANCE TECHNICIANS FDETC FIRE-EMS FLEET CLERICAL OFFICIALS/MANAGERS PROFESSIONALS CLERICAL OFFICIALS/MANAGERS PARA-PROFESSIONAL PROFESSIONALS PROTECTIVE SERVICE TECHNICIANS CLERICAL OFFICIALS/MANAGERS SERVICE/MAINTENANCE SKILLED CRAFT HUMAN RESOURCES CLERICAL BF OF 20 4 I 0 11 3 5 0 0 0 4 1 0 2 0 0 0 1 1 0 11 4 1 0 4 1 1 2 0 0 0 2 0 0 4 4 0 0 0 0 0 4 4 0 0 0 0 0 20 5 0 0 14 1 0 7 0 0 0 7 0 0 3 2 0 0 1 0 0 6 3 0 0 3 0 0 4 0 0 0 3 1 0 2 2 0 0 0 0 0 1 1 0 0 0 0 0 1 1 0 0 0 0 0 1 I 0 0 0 0 0 1 1 0 0 0 0 0 7 1 0 0 5 1 0 1 0 0 0 1 0 0 1 0 0 0 1 0 0 5 1 0 0 3 1 0 37 10 0 0 23 4 0 37 10 0 0 23 4 0 I 0 0 0 I 0 0 1 0 0 0 1 0 0 21 15 I 0 5 0 0 2 0 0 0 2 0 0 1 1 0 0 0 0 0 7 5 0 0 2 0 0 1 1 0 0 0 0 0 10 8 1 0 1 0 0 14 3 I 0 4 6 0 1 0 0 0 0 1 0 i 0 0 0 0 i 0 12 3 1 0 4 4 0 277 236 22 3 2 0 0 0 1 1 0 1 1 0 0 0 0 0 18 13 1 0 3 1 0 16 14 1 0 1 0 0 181 153 17 2 6 2 1 59 55 3 1 0 0 0 34 21 9 0 2 2 0 4 0 1 0 1 2 0 1 1 0 0 0 0 0 7 1 5 0 1 0 0 22 19 3 0 0 0 0 15 4 1 0 6 4 0 5 0 0 0 4 1 0 December 31, 2000 Page 2 Attachment I EMPLOYMENT by Department and EEO Categories TOTAL WM BM OM WF OFFICIALS/MANAGERS PROFESSIONALS TECHNICIANS HUMAN SERVICES CLERICAL PARA-PROFESSIONAL PROFESSIONALS LIBRARY CLERICAL PARA-PROFESSIONAL PROFESSIONALS MANAGEMENT & BUDGET CLERICAL OFFICIALS/MANAGERS PROFESSIONALS SERVICE/MAINTENANCE MUNICIPAL AUDITING OFFICIALS/MANAGERS PROFESSIONALS TECHNICIANS PARKS AND RECREATION CLERICAL OFFICIALS/MANAGERS PARA-PROFESSIONAL PROFESSIONALS SERVICE/MAINTENANCE SKILLED CRAFT TECHNICIANS CODE ENFORCE CLERICAL OFFICIALS/MANAGERS PROFESSIONALS SERVICE/MAINTENANCE TECHNICIANS PLANNING & POLICE CLERICAL OFFICIALS/MANAGERS PROFESSIONALS PROTECTIVE SERVICE TECHNICIANS PURCHASING CLERICAL OTHER PROFESSIONALS SERVICE/MAINTENANCE REAL ESTATE VALUATION CLERICAL OFFICIALS/MANAGERS PROFESSIONALS 1 1 0 0 0 7 3 1 0 2 2 0 0 0 0 12 1 2 0 4 1 0 0 0 0 4 1 0 0 2 7 0 2 0 2 34 2 2 0 20 1 0 0 0 1 20 2 2 0 9 13 0 0 0 10 11 4 2 0 4 1 0 0 0 1 1 1 0 0 0 8 3 1 0 3 1 0 1 0 0 6 3 0 0 2 1 1 0 0 0 4 2 0 0 1 1 0 0 0 1 91 54 19 0 12 6 0 0 0 3 1 0 0 0 1 2 2 0 0 0 17 8 1 0 5 53 32 18 0 3 9 9 0 0 0 3 3 0 0 0 27 17 2 I 5 2 0 0 0 2 1 0 0 0 1 13 9 2 1 0 1 1 0 0 0 10 7 0 0 2 279 193 22 7 45 20 0 0 0 17 1 0 1 0 0 21 15 2 1 3 183 148 18 5 10 54 30 1 1 15 7 4 0 0 2 3 0 0 0 2 1 1 0 0 0 I 1 0 0 0 2 2 0 0 0 13 3 3 0 5 3 0 0 0 2 1 0 1 0 0 1 0 0 0 1 BF OF 0 0 1 0 2 0 5 0 1 0 1 0 3 0 10 0 0 0 7 0 3 0 1 0 0 0 0 0 1 0 0 0 I 0 0 0 1 0 0 0 6 0 3 0 0 0 0 0 3 0 0 0 0 0 0 0 2 0 0 0 0 0 1 0 0 0 1 0 12 0 3 0 0 0 0 0 2 0 7 0 1 0 1 0 0 0 0 0 0 0 2 0 1 0 0 0 0 0 December 31, 2000 Page 3 Attachment I EMPLOYMENT by Department and EEO Categories TOTAL WM BM OM WF REGISTRAR SHERIFF TECHNICIANS CLERICAL CLERICAL PROFESSIONALS PROTECTIVE SERVICE SERVICE/MAINTENANCE TECHNICIANS SOCIAL SERVICES CLERICAL OFFICIALS/MANAGERS PARA-PROFESSIONAL PROFESSIONALS TECHNICIANS SOLID WASTE MANAGEMENT CLERICAL OFFICIALS/MANAGERS SERVICE/MAINTENANCE SKILLED CRAFT TECHNICIANS STREETS AND TRAFFIC CLERICAL OFFICIALS/MANAGERS SERVICE/MAINTENANCE SKILLED CRAFT TECHNICIANS TECHNOLOGY CLERICAL OFFICIALS/MANAGERS PROFESSIONALS SERVlCEIMAINTENANCE TECHNICIANS TREASURER CLERICAL PROFESSIONALS UTILITY SERVICES CLERICAL SERVICE/MAINTENANCE SKILLED CRAFT TECHNICIANS WASTEWATER CLERICAL OFFICIALS/MANAGERS SERVICE/MAINTENANCE SKILLED CRAFT TECHNICIANS WATER CLERICAL 8 3 2 0 2 2 0 0 0 2 0 0 0 1 203 127 21 2 36 3 0 0 0 2 17 12 1 1 1 154 96 18 0 28 3 0 0 0 2 26 19 2 1 3 201 22 3 1 128 43 2 0 0 27 1 0 1 0 0 9 0 0 0 6 147 20 2 1 94 1 0 0 0 1 61 13 42 I 3 4 0 2 0 1 1 1 0 0 0 39 7 30 1 1 16 4 10 0 1 1 1 0 0 0 78 46 26 1 3 3 0 0 0 1 1 1 0 0 0 39 23 13 1 2 18 9 9 0 0 17 13 4 0 0 35 17 I 1 13 1 0 0 0 1 1 1 0 0 0 13 8 0 1 3 1 0 0 0 1 19 8 1 0 8 12 2 0 0 9 10 1 0 0 9 2 1 0 0 0 66 44 16 2 3 3 0 0 0 2 46 30 15 1 0 7 7 0 0 0 10 7 1 1 1 48 34 8 0 6 3 0 0 0 3 1 1 0 0 0 25 18 5 0 2 14 11 3 0 0 5 4 0 0 1 41 24 12 1 4 2 0 0 0 2 BF OF 1 0 1 0 1 0 16 1 1 0 2 0 11 1 1 0 1 0 44 3 13 1 0 0 3 0 28 2 0 0 2 0 1 0 0 0 0 0 1 0 0 0 2 0 2 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 1 0 0 0 2 0 I 0 0 0 1 0 I 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 December 31,2000 Page 4 Attachment 1 EMPLOYMENT by Department and EEO Categories TOTAL WM BM OM WF OFFICIALS/MANAGERS PROTECTIVE SERVICE SERVICE/MAINTENANCE SKILLED CRAFT TECHNICIANS YOUTH SERVICES CLERICAL OFFICIALS/MANAGERS PARA-PROFESSIONAL PROFESSIONALS SERVlCEIMAINTENANCE I 1 0 0 0 3 3 0 0 0 11 4 6 0 1 18 13 5 0 0 6 3 1 1 1 27 7 4 0 9 2 0 0 0 2 1 0 0 0 0 19 5 3 0 5 4 2 0 0 2 1 0 1 0 0 1906 992 253 20 468 BF OF 0 0 0 0 0 0 0 0 0 0 7 0 0 0 1 0 6 0 0 0 0 0 166 7 December 31, 2000 Page 5 Attachment 2 CITY OF ROANOKE WORKFORCE ANALYSIS by Percentage December 31, 2000 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WH TE BLACK OTHER MALES MALES MALES FEMALES~, FEMALES FEMALES OFFICIALS/MANAGERS 100.0% 64.7% 8.8% 0.0% 20.6%, 5.9% 0.0% ~ PROFESSIONALS 100.0% 34.7% 4.8% 1.1% 42.7%! 15.5% 1.1% TECHNICIANS 100.0% 62.0% 6.2% 1.6% 23.7% ~ 6.5% 0.0% PROTECTIVE SERVICE 100.0% 76.9% 10.1% 1.3% 8.4% ', 2.9% 0.4% PARA-PROFESSIONAL 100.0% 30.7% 8.0% 0.0% 36.0%! 25.3% 0.0% CLERICAL 100.0% 3.4% 1.4% 0.5% 72.1% 22.1% 0.5% SKILLED CRAFT 100.0% 69.7% 28.8% 0.0% 0.8% 0.8% 0.0% SERVICE/MAINTENANCE 100.0% 48.3% 42.1% 1.1% 5.5% 3.0% 0.0% TOTAL NUMBER 1906 992 253 20 468 i 166 7 TOTAL PERCENTAGES 100.0% 52.0% 13.3% 1.0% 24.6%i 8.7% 0.4% December 31, 1999 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITEi BLACK OTHER MALES MALES MALES! FEMALES'~ FEMALES FEMALES OFFICIALS/MANAGERS 100.0% 55.6% 13.9% 0.0% 25.0%; 5.6% 0.0% PROFESSIONALS 100.0% 34.5% 4.0% 1.4% 43.0%! 16.0% 1.1% TECHNICIANS 100.0% 61.9% 6.2%' 1.3% 24.1%I 6.5% 0.0% PROTECTIVE SERVICE 100.0% 77.3% 9.4% 1.4% 8.6% I 3.1% 0.2% PARA-PROFESSIONAL 100.0% 27.1% 16.7% 0.0% 34.4%! 21.9% 0.0% CLERICAL 100.0% 2.7% 0.9% 0.5% 73.5%! 21.9% 0.5% SKILLED CRAFT 100.0% 78.2% 21.0% 0.0%, 0.0% 0.8% 0.0% SERVICE/MAINTENANCE 100.0% 46.2% 41.3%! 1.3%1 7.3% ~ 4.0% 0.0% TOTAL NUMBER 1948 996 255 21 494 176 6 TOTAL PERCENTAGES 100.0% 51.1% 13.1% 1.1% 25.4% 9.0% 0.3% CITY OF ROANOKE NEW HIRE ANALYSIS by Number of Employees Attachment 2 December 31, 2000 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 4 2 0 0 2 0 0 PROFESSIONALS 45 12 5 0 26 1 1 TECHNICIANS 35 14 3 1 13 4 0 PROTECTIVE SERVICE 62 48 6 0 6i 1 1 PARA-PROFESSIONAL 11 2 2 0 3 4 0 CLERICAL 29 2 0 0 21 5 1 SKILLED CRAFT 5 3 2 0 0 0 0 SERVICE/MAINTENANCE 38 22 14 0 1 1 0 TOTAL NUMBER 229 105 32 1 72 16 3 TOTAL PERCENTAGES 100.0% 45.9% 14.0% 0.4% 31.4% 7.0% 1.3% CITY OF ROANOKE PROMOTION ANALYSIS by Number of Employees December 31, 2000 OCCUPATIONAL CATEGORY TOTAL WHITE BLACK OTHER WHITE BLACK OTHER MALES MALES MALES FEMALES FEMALES FEMALES OFFICIALS/MANAGERS 4 3 0 0 1 0 0 PROFESSIONALS 22 9 2 0 9 2 0 TECHNICIANS 16 7 2 0 6 1 0 PROTECTIVE SERVICE 2 0 1 0 1 0 0 PARA-PROFESSIONAL 8 1 3 0 3 1 0 CLERICAL 22 1 0 0 12 9 0 SKILLED CRAFT 11 6 5 0 0 0 0 SERVICE/MAINTENANCE 18 8 6 0 2 2 0 TOTAL NUMBER 103 35 19 0 ! 34 15 0 TOTAL PERCENTAGES 100.0% 34.0% 18.4% 0.0%' 33.0% 14.6% 0.0% CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk February 26, 2001 File #60-373-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35195-020501, amending and reordaining certain sections of the 2000-2001 Capital Projects, Department of Technology and Fleet Management Funds Appropriations, to provide for appropriation of funds in connection with a lease agreement with SunTrust Leasing Corporation pursuant to Resolution No. 35193- 020501 adopted by Council on February 5, 2001. Ordinance No. 35195-020501 was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Department of Management and Budget HSAgendas 2001\Corresp Feb 5 2001.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35195-020501. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects, Department of Technology and Fleet Management Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects, Department of Technology, and Fleet Management Funds AppropriatiOns, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Projects Fund Appropriations Public Safety New Police Building Construction (1) ............................ $11,359,668 5,018,569 Department of Technology Fund Appropriations Capital Outlay Personal Computer Replacement Program (2) .................... $ 9,194,921 450,000 Fleet Management Fund Appropriations Capital Outlay Vehicle Replacement Program (3) .............................. $ 4,931,141 1,353,000 1) Appropriated from Capital Lease 2) Appropriated from Capital Lease 3) Appropriated from Capital Lease (008-052-9563-9035) (013-430-9852-9035) (017-440-9851-9035) $ 700,00O 45O,O0O 1,353,O00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #60-373-472 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Dear Ms. Burcham and Mr. Grisso: I am attaching copy of Resolution No. 35193-020501 approving the form and the terms, conditions and provisions of an equipment lease purchase agreement relating to the acquisition and installation of vehicular equipment, computer equipment and office furniture and equipment by the City, to be dated as of January 15, 2001, by and between SunTrust Leasing Corporation, as Lessor, and the City, as Lessee, and authorizing execution and delivery thereof; approving the form and the terms, conditions and provisions of an Escrow Agreement, to be dated as of January 15, 2001, by and among the City, SunTrust Leasing Corporation and SunTrust Bank, as Escrow Agent, and authorizing execution and delivery thereof; authorizing the Members of the Council and officials and employees of such City to take further action to carry out Resolution No. 35193-020501 and the transactions contemplated hereby and by the aforementioned Equipment Lease Purchase Agreement and Escrow Agreement; and making certain findings and determinations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Barry L. Key, Director, Management and Budget N:\CKSHl~Agendas 2001\Corresp Feb 5 2001 .wpd Citr ]7irqinla 5.a.13. February 5, 2001 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Subject: Lease Purchase of Equipment Dear Mayor and Members of City Council: Background: There are three areas of equipment identified during the past year, totaling $2,503,000, that could not be purchased from currently available budgetary funds. Various reports to City Council included a recommendation to lease purchase the respective equipment as a strategy to acquire the equipment and pay for it over future budget years. The referenced reports are described below. A construction bid was accepted for the new police building in February 2000, funded primarily by bond funds. The February 22, 2000, City Council Report recommended furniture and equipment, estimated to cost approximately $700,000, be acquired through lease purchase. Estimated completion of the building is April, 2001, so equipment and furniture needs to be ordered soon. The October 2, 2000, City Council Report on the Capital Maintenance and Equipment Replacement Program (CMERP) recommended replacing $2,303,000 of vehicles and equipment, $1,353,000 of which was recommended to be lease purchased. In conjunction with the recommendation of the CMERP program for technology funding, the December 18, 2000, City Council report recommended a program of lease purchasing in order to facilitate replacement of outdated micro computers. Included in this program, 300 micro computers, costing approximately $450,000, would be lease purchased on a three year replacement cycle. Current Situation: A Request for Proposals for lease financing of the above described equipment was sent to 20 banks and leasing agencies on December 21,2000. Nine responses were received with Honorable Mayor and Members of City Council February 5, 2001 Page 2 SunTrust Leasing Corporation submitting the most responsive bid. Suntrust Leasing Corporation proposed an interest rate of 4.44% for a three year lease period for the micro computers and 4.48% for a five-year lease period for the vehicles and furniture. These rates were combined into a single amortization schedule with a 4.4.7% blended interest rate. The annual lease payment will total $621,171 for each of the upcoming three fiscal years, and $460,815 for each of the remaining two fiscal years. Pending City Council's approval, funding for the lease purchase payments will be included in the annually adopted budgets. Recommendation: City Council adopt the accompanying resolution authorizing execution of the Lease Purchase Agreement with SunTrust Leasing Corporation and also authorizing execution of any other required documents related to this Lease Purchase Agreement. Appropriate the lease financing proceeds of $2,503,000 to the following accounts: $700,000 to the Capital Projects fund account number 008-052-9563, New Police Building, for lease purchase of furniture and equipment. $450,000 to a Department of Technology fund account to be established for lease purchase of micro computers. $1,353,000 to a Fleet Maintenance fund account to be established for lease purchase of vehicles and equipment. We would be pleased to answer questions that City Council may have. Sincerely, City Manager Director of Finance DLB/JDG:s Attachment ESCROW AGREEMENT This ESCROW AGREEMENT, made and entered into as January 15, 2001, by and among SUNTRUST LEASING CORPORATION, a Virginia corporation ("Lessor"), and THE CITY OF ROANOKE, a political subdivision of the Commonwealth of Virginia ("Lessee"), and SUNTRUST BANK, a Georgia banking corporation ("Escrow Agent'). In consideration of the mutual covenants herein contained, the parties hereto agree as follows: ARTICLE I DEFINITIONS SECTION 1.1. Definitions. The terms defined in this section shall, for all purposes of this Escrow Agreement, have the meanings specified below. The terms capitalized in this Escrow Agreement but not defined herein shall have the meanings assigned to them in the Lease. "Acquisition Costs" means, with respect to the Equipment, the contract price paid or to be paid to a vendor thereof upon acquisition or delivery of any portion of the Equipment in accordance with the purchase order or contract therefor. Acquisition Costs may include the administrative, engineering, legal, financial and other costs incurred by the Lessee in connection with the acquisition, delivery and financing of the Equipment, if approved by Lessor. "Equipment" means the personal property described in Exhibit A to the Lease, together with any and all modifications, additions and alterations thereto, to be acquired from the moneys held in the Equipment Acquisition Fund. "Equipment Acquisition Fund" means the account by that name established and held by the Escrow Agent pursuant to Article II of this Escrow Agreement. "Escrow Agent" means SunTrust Bank, or any successor thereto acting as the Escrow Agent pursuant to this Escrow Agreement. "Escrow Agent Fee" has the meaning set forth in Section 6.1 of this Escrow Agreement. "Escrow Agreement" means this Escrow Agreement and any duly authorized and executed amendment thereto. 1 362183.1 022815 A(}MT "Lease" means the Equipment Lease Purchase Agreement, dated as of January 15, 2001, by and between Lessee and Lessor, including any Equipment schedules entered into thereunder and any duly authorized and executed amendment thereto. "Payment Request Form" means the document substantially in the form attached hereto as Exhibit A to be executed by Lessee and Lessor and submitted to the Escrow Agent to authorize payment of Acquisition Costs. "Rental Payments" means the Base Payments payable pursuant to Section 3.5(a) of the Lease as set forth in Exhibit B to the Lease. "Qualified Investments" means (i) direct general obligations of the United States of America; (ii) obligations guaranteed by the United States of America; (iii) general obligations of the agencies and instrumentalities of the United States of America; or (iv) certificates of deposit, time deposits or demand deposits with any bank or savings institution qualified as a depository of public funds in the Commonwealth of Virginia, provided that such certificates of deposit, time deposits or demand deposits, if not insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, are fully secured by obligations described in clauses (i), (ii), or (iii) above. In no event shall "Qualified Investments" include any investments other than those permitted by any state, county or municipal law applicable to investment of Lessee's funds; provided, however, that neither Lessor nor the Escrow Agent shall be responsible for determining the applicability of any such law and each shall be entitled to rely solely on the determination of Lessee with respect to such matters. ARTICLE H APPO/NTMENT OF ESCROW AGENT; Au'rHORITY SECTION 2.1. Appointment of Escrow Agent. Lessor and Lessee hereby appoint and employ Escrow Agent to receive, hold, invest and disburse the moneys to be paid to the Escrow Agent pursuant to this Escrow Agreement and the Lease and to perform certain other functions, all as hereinafter provided. By executing and delivering this Escrow Agreement, Escrow Agent accepts the duties and obligations of Escrow Agent hereunder; provided, however, that its duties and obligations hereunder shall be limited to those specifically provided herein. SECTION 2.2. Authority. Each of the parties has authority to enter into this Escrow Agreement, and has taken all actions necessary to authorize the execution of this Escrow Agreement by the officers whose signatures are affixed hereto. 2 362183.1 022815 AGMT ARTICLE I~I EQUIPMENT ACQUISITION FUND; DEPOSIT; DISBURSEMENTS; TRANSFERS UPON COMPLETION; LIQUIDATION SECTION 3.1. Equipment Acquisition Fund. The Escrow Agent shall establish a special escrow account designated as the "Equipment Acquisition Fund" (the "Equipment Acquisition Fund"), shall keep such Equipment Acquisition Fund separate and apart from all other funds and moneys held by it and shall administer such Equipment Acquisition Fund as provided in this Escrow Agreement. SECTION 3.2. Deposit. Upon execution of the Lease and delivery to Lessor by Lessee of all documents required to be delivered thereunder, Lessor shall deposit or cause to be deposited with the Escrow Agent the sum of $2,503,000. The Escrow Agent shall credit such amount to the Equipment Acquisition Fund. SECTION 3.3. Disbursements. The Escrow Agent shall use the moneys in the Equipment Acquisition Fund to pay the Acquisition Costs of each item of Equipment subject to the Lease, within a reasonable time of receipt with respect thereto of a Payment Request Form executed by Lessor and Lessee, fully completed and with all supporting documents described therein attached thereto. Upon receipt of a Payment Request Form with respect to any item of Equipment, an amount equal to the Acquisition Cost as shown therein shall be paid directly to the person or entity entitled to payment as specified therein. SECTION 3.4. Transfers Upon Completion. Unless all of the funds deposited by Lessor in the Equipment Acquisition Fund have been previously disbursed pursuant to Section 3.3 or paid to Lessor pursuant to Section 3.5, on January 14, 2002, the Escrow Agent shall pay all remaining moneys in the Equipment Acquisition Fund to Lessor or its assignee for application as a prepayment of the unpaid principal under the Lease. Lessor shall apply amounts received under this Section 3.4 first to unpaid fees, late charges and collection costs, if any, which have accrued or been incurred under the Lease, then to overdue principal and interest on the Lease and then, in the sole discretion of Lessor, either (i) to principal payments thereafter due under the Lease in the inverse.order of their maturities, or (ii) proportionately to each principal payment thereafter due under the Lease. In the event that Lessor elects to apply such amounts in accordance with clause (i) of the preceding sentence, Lessee shall continue to make Rental Payments as scheduled in the Lease. In the event that Lessor elects to apply such amounts in accordance with clause (ii) of this Section 3.4, Lessor shall provide Lessee with a revised payment schedule which shall reflect the revised principal balance and reduced Rental Payments due under the Lease. SECTION 3.5. Liquidation. Upon receipt of written notice from Lessor or Lessee that the Lease has been terminated pursuant to Section 6.1 thereof, the Escrow Agent shall liquidate all investments held in the Equipment Acquisition Fund and transfer the proceeds thereof and all other moneys held in the Equipment Acquisition Fund to Lessor. - 3 - 362183.1 022815 AGMT ARTICLE IV IRREVOCABLE TRUST; INVESTMENT; DISPOSITION OF INVESTMENTS; ACCOUNTING; TERMINATION SECTION 4.1. Irrevocable Trust. The moneys and investments held by the Escrow Agent under this Escrow Agreement are irrevocably held in trust for the benefit of Lessor and Lessee, and such moneys, together with any income or interest earned, shall be expended only as provided in this Escrow Agreement, and shall not be subject to levy or attachment or lien by or for the benefit of any creditor of either Lessor or Lessee (other than Lessor's security interest granted hereunder). SECTION 4.2. Investment. Moneys held by the Escrow Agent hereunder shall be invested and reinvested by the Escrow Agent upon order of Lessee only in Qualified Investments. Such investments shall be registered in the name of the Escrow Agent and held by the Escrow Agent for the benefit of Lessor and Lessee. The Escrow Agent may purchase or sell to itself or any affiliate, as principal or agent, investments authorized by this Article IV. Such investments and re-investments shall be made giving full consideration for the time at which funds are required to be available. Any income received on such investments shall be credited to the Equipment Acquisition Fund. The Escrow Agent shall not be responsible or liable for any loss suffered in connection with any investment of moneys made by it in accordance with this Article IV. SECTION 4.3. Disposition of Investments. The Escrow Agent shall, without further discretion from Lessee, sell such investments as and when required to make any payment from the Equipment Acquisition Fund. SECTION 4.4. Accounting. The Escrow Agent shall keep complete and accurate records of all moneys received and disbursed under this Escrow Agreement which shall be available for inspection by Lessor, Lessee, or the agent of either of them, at any time during regular business hours upon prior written request. The Escrow Agent shall furnish to Lessor and Lessee no less than quarterly an accounting of all investments and interest and income therefrom. SECTION 4.5. Termination. This Escrow Agreement shall terminate upon disbursement by the Escrow Agent of all moneys held by it hereunder. ARTICLE V VALIDITY; USE OF COUNSEL AND AGENTS; 12NTE~TATION; LIMITED LIABILITY OF ESCROW AGENT - 4 - 362183.1 022815 AGIvrr SECTION 5.1. Validity_. The Escrow Agent may act upon any writing or instrument or signature which it believes to be genuine, may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so, and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any of the foregoing. The Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner and execution, or validity of any instrument deposited with it, nor as to the identity, authority or right of any person executing the same. SECTION 5.2. Use of Counsel and Agents. The Escrow Agent may execute any of the trusts or powers hereof and perform the duties required of it hereunder by or through attorneys, agents, or receivers, and shall be entitled to advice of counsel concerning all matters of trust and its duty hereunder. The Escrow Agent shall not be answerable for the default or misconduct of any such attorney, agent, or receiver selected by it with reasonable care. The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection acting in compliance with the opinion of such counsel. SECTION 5.3. Interpretation. If Lessor or Lessee shall be in disagreement about the interpretation of the Lease or this Escrow Agreement, or about the rights and obligations of, or the propriety of any action contemplated by, the Escrow Agent hereunder, the Escrow Agent may, but shall not be required to, file an appropriate civil action to resolve the disagreement. The Escrow Agent shall be entitled to reimbursement from the Equipment Acquisition Fund or, subject to the appropriation of funds for that purpose by the Lessee's City Council, from the Lessee, for all costs, including reasonable attorneys' fees, in connection with such civil action, and shall be fully protected in suspending all or part of its activities under this Escrow Agreement until a final judgment in such action is received. SECTION 5.4. Limited Liability of Escrow Agent. The Escrow Agent shall not be liable in connection with the performance or observation of its duties or obligations hereunder except for in the case of its own gross negligence or wilful misconduct. The Escrow Agent shall have no obligation or liability to any of the other parties under this Escrow Agreement for the failure or refusal of any other party to perform any covenant or agreement made by such party hereunder or under the Lease, but shall be responsible solely for the performance of the duties and obligations expressly imposed upon it as Escrow Agent hereunder. ARTICLE VI COMPENSATION SECTION 6.1. Escrow Agent Fee. The Escrow Agent shall be paid $-0- by Lessee for the services to be rendered hereunder (the "Escrow Agent Fee"), and will be paid and/or reimbursed by Lessee upon request for all expenses, disbursements and advances, including - 5 - 362183.1 022815 AGMT reasonable attorneys' fees, incurred or made by it in connection with carrying out its duties hereunder. The Escrow Agent's fee shall be payable from the interest earnings from this Equipment Acquisition Fund. In the event a shortfall occurs, said shortfall shall be the responsibility of the Escrow Agent, the Lessor, or their agents or assigns. SECTION 6.2. Investment Fees. The Escrow Agent shall be entitled to charge reasonable fees and commissions in connection with the investment by it of amounts held in the Equipment Acquisition Fund (the "Investment Fees"). Lessor and Lessee hereby authorize the Escrow Agent to periodically deduct the Investment Fees from interest earnings on the Equipment Acquisition Fund. ARTICLE VII CHANGE OF ESCROW AGENT; MERGER OR CONSOLIDATION SECTION 7.1. Removal of Escrow Agent. Lessor and Lessee, by written agreement, may be written request, at any time and for any reason, remove Escrow Agent and any successor thereto, and shall thereupon appoint a successor or successors thereto, but any such successor shall have capital (exclusive of borrowed capital) and surplus of at least Fifty Million Dollars ($50,000,000), and be subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to statute or the requirements of any federal or state supervising or examining authority, then for the purposes of this Section 7.1, the combined capital and surplus of such bank or trust company may be conclusively established in its most recent report of condition so published. SECTION 7.2. Resignation of Escrow Agent. The Escrow Agent or any successor may at any time resign by giving written notice to Lessor and Lessee of its intention to resign and of the proposed date of resignation, which shall be a date not less than thirty (30) days after such notice, unless an earlier resignation date and the appointment of a successor Escrow Agent shall have been approved by Lessor and Lessee. Upon receiving such notice of resignation, Lessor and Lessee shall promptly appoint a successor Escrow Agent by an instrument in writing; provided, however, that in the event Lessor and Lessee fail to appoint a successor Escrow Agent within thirty (30) days following receipt of such written notice, Lessor may appoint a successor Escrow Agent. Any resignation or removal of Escrow Agent shall become effective only upon acceptance of appointment by the successor Escrow Agent. SECTION 7.3. Merger or Consolidation. Any entity into which the Escrow Agent may be merged or converted, or with which it may be consolidated, or any entity resulting from any merger, conversion or consolidation to which it shall be a party, or any company to which the Escrow Agent may sell or transfer all or substantially all of its corporate trust business (provided that such company shall be eligible under Section 7.1) shall be the successor to the Escrow Agent without the execution or filing or further act. - 6 - 362183.1 022815 AGMT ARTICLE VHI MISCELLANEOUS SECTION 8.1. Notice. All written notices to be given under this Escrow Agreement shall be given by mail to the party entitled thereto at its address specified beneath each party's signature, or at such address as the party may provide to the other parties hereto in writing from time to time. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in registered or certified form, with postage fully prepaid, or if given by other means, when delivered at the address specified in this Section 8.1. SECTION 8.2. Assignment. Except as expressly herein provided to the contrary, the rights and duties of each of the parties under this Escrow Agreement shall not be assignable to any person or entity without the written consent of all of the other parties. Notwithstanding the above, Lessor may freely assign all or any part of its interest in this Escrow Agreement and the Equipment Acquisition Fund in connection with an assignment by Lessor of its rights under the Lease. SECTION 8.3. Binding Effect. This Escrow Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Specifically, as used herein the term "Lessor" means any person or entity to whom Lessor has assigned its right to receive Rental Payments under the Lease. SECTION 8.4. Severability. In the event any provision of this Escrow Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 8.5. Entire Agreement; Amendments. This Escrow Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and representations, express or implied. This Escrow Agreement may be amended or modified only by written documents duly authorized, executed and delivered by each of the parties hereto. SECTION 8.6. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, Articles, Sections or clauses hereof. SECTION 8.7. Further Assurances and Corrective Instruments. Lessor and Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may be necessary or .proper to carry out the intention or facilitate the performance of the parties under this Escrow Agreement, and for better assuring and confirming the rights and benefits provided herein. 7 362183.1 022815 A(}MT SECTION 8.8. Governing Law. This Escrow Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Virginia. SECTION 8.9. Execution in Counterparts. This Escrow Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same Agreement. SECTION 8.10. Waiver of Jury Trial. The Lessor, the Lessee and the Escrow Agent hereby waive any right to trial by jury in any action or proceeding with respect to, in connection with or arising out of this Escrow Agreement. IN WITNESS WHEREOF, the parties have executed this Escrow Agreement as of the day and year first written above. SUNTRUST BANK Escrow Agent SUNTRUST LEASING CORPORATION Lessor By: By: Name: J. Lee Judy Name: Michael J. Powers Title: Senior Vice President Title: Secretary Address: Corporate Trust Administration Address: 919 E. Main Street Richmond, Virginia 23219 Telephone: (804) 782-5170 Facsimile: (804) 782-7855 20 E. Baltimore Street, 24th Floor Baltimore, Maryland 21202 Telephone: (410) 986-1718 Facsimile (410) 986-1780 THE CITY OF ROANOKE, VIRGINIA Lessee By: Name: Darlene L. Burcham Title: City Manager Address: 215 Church Avenue, S.W. Roanoke, Virginia 24006-1220 Telephone: (540) 853- Facsimile: (540) 853- - 8 - 362183.1 022815 AGMT - 9 - 362183.1 022815 AGMT EQUIPMENT LEASE PURCHASE AGREEMENT by and between SUNTRUST LEASING CORPORATION as Lessor and THE CITY OF ROANOKE, VIRGINIA, as Lessee Dated as of January 15, 2001 361858.3 022815 AGMT EQUIPMENT LEASE PURCHASE AGREEMENT EQUIPMENT LEASE PURCHASE AGREEMENT, dated as of January 15,2001 (this "Agreement"), by and between SUNTRUST LEASING CORPORATION, a corporation organized and existing under the laws of the Commonwealth of Virginia, as Lessor (the "Lessor"), and the CITY OF ROANOKE, a political subdivision of the Commonwealth of Virginia, as Lessee (the "Lessee"). The Lessee has made a determination to acquire and install the equipment described in Exhibit A (collectively, the "Equipment") and has expressed an interest in making arrangements for the financing of the acquisition and installation of the Equipment. The Lessor is willing to finance the acquisition and installation of the Equipment and to lease the Equipment to the Lessee, and the Lessee is willing to lease the Equipment from the Lessor, upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Lessor and the Lessee agree as follows: ARTICLE I DEFINITIONS SECTION 1.1. Definitions. The terms defined in this Section 1.1 shall, for all purposes of this Agreement have the meanings in this Section 1.1 specified, unless the context clearly otherwise requires. "Agreement" shall mean this Equipment Lease Purchase Agreement, dated as of January 15, 2001, by and between the Lessor and the Lessee, together with the exhibits and any and all amendments hereto. "Authorized Officer of the Lessee" shall mean either the City Manager or the Director of Finance of the Lessee or such other officer or officers of the Lessee as shall be designated by the Governing Body of the Lessee from time to time. "Base Payments" shall mean the payments payable by the Lessee pursuant to Section 3.5(a) of this Agreement during the Lease Term. "Code" shall mean the Internal Revenue Code of 1986, as amended. "Default" or "Event of Default" shall have the meaning ascribed thereto in Section 5.1 of this Agreement. -1- 361858.3 022815 AGMT "Equipment" shall mean the equipment to be acquired and installed on behalf of the Lessee described in Exhibit A. "Equipment Acquisition Fund" shall mean the special trust fund of that name to be held by the Escrow Agent under and pursuant to the terms of the Escrow Agreement. "Escrow Agent" shall mean SunTrust Bank, a banking corporation organized and existing under the laws of the State of Georgia. "Escrow Agreement" shall mean the Escrow Agreement, dated as of January 15, 2001, by and among the Lessor, the Lessee and the Escrow Agent, in the form attached hereto as Exhibit C. "Event of Taxability" shall mean either (i) receipt by the Lessor of a notice, in any form, from the Internal Revenue Service; or (ii) the reasonable determination by the Lessor, based on an opinion of independent tax counsel selected by the Lessor, that the Lessor may not exclude the interest component of any Base Payment paid under this Agreement from its federal gross income because the Lessee breached any covenant contained herein or because of an amendment to the Code or a change in any law affecting the tax treatment by the Lessor of such interest. "Fiscal Year of the Lessee" shall mean the fiscal year of the Lessee commencing on July 1 and ending on the next succeeding June 30. "Governing Body of the Lessee" shall mean the City Council of the Lessee. "Lease Term" shall mean the duration of the leasehold estate created in the Equipment as provided in Section 3.4 of this Agreement. ARTICLE II REPRESENTATIONS SECTION 2.1. following representations: Representations of the Lessee. The Lessee makes the (a) The Lessee is a political subdivision of the Commonwealth of Virginia duly created and existing under and pursuant to the laws of the Commonwealth of Virginia and a "political subdivision" as such term is used in Section 103(c) of the Code. (b) The Lessee has an immediate need for, and expects to make immediate use of, substantially all of the Equipment which need is not temporary or expected to diminish in the foreseeable future, the Equipment will be used by the Lessee in carrying out the governmental purposes of the Lessee, and the leasing of the Equipment will serve a function which presently 2 361858.3 022815 AGMT is and is expected to continue to be essential to the proper, efficient and economic operation of the Lessee. (c) The Lessee has full power and authority to enter into the transactions contemplated by this Agreement and to carry out its obligations hereunder and by proper action has duly authorized the.. execution and delivery of this Agreement and all other documents executed and delivered by the Lessee with respect thereto, and the same are valid and legally binding obligations of the Lessee, and are enforceable against the Lessee in accordance with their terms, except as enforceability may be limited by bankruptcy, reorganization, insolvency, moratorium or other laws of general application relating to or affecting creditors' rights generally or by general principles of equity. (d) Neither the execution and delivery of this Agreement, the consummation of the transaction contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with, or results in a breach of, the terms, conditions or provisions of the Constitution or statutes of the Commonwealth of Virginia, any charter or other organizational document of the Lessee, any ordinances or resolutions of the Lessee or any rule or regulation affecting the Lessee, including requirements of any order, ruling, regulation, evidence of indebtedness, agreement, contract or instrument of whatever nature to which the Lessee is a party or by which it is bound, or constitutes a default under any of the foregoing. (e) There are no pending or threatened lawsuits or administrative or other proceedings contesting the authority for, authorization or performance of, or expenditure of funds pursuant to this Agreement. (f) The Lessee will operate or cause the Equipment to be operated in accordance with all applicable laws, rules, regulations, ordinances, resolutions, rulings and orders until the expiration or earlier termination of this Agreement as provided herein. (g) All moneys required to make any rental payments due and owing in the current Fiscal Year of the Lessee ending on June 30, 2001 have been appropriated by the Governing Body of the Lessee. (h) No lease, rental agreement, lease-purchase agreement, payment agreement or contract for purchase to which the Lessee has been a party at any time during the past ten years has been terminated by the Lessee as a result of insufficient funds being appropriated in any Fiscal Year of the Lessee. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which the Lessee has issued during the past ten years. (i) Subject to the provisions of Section 3.2, the Lessee will have title to the Equipment at all times from and after the acquisition and installation of the Equipment and for the duration of the Lease Term. 3 361858.3 022815 AGMT SECTION 2.2. following representations: Representations of the Lessor. The Lessor makes the (a) The Lessor is a corporation duly incorporated and in good standing under the laws of the Commonwealth of Virginia and in good standing under the laws of the Commonwealth of Virginia. (b) The Lessor has the power to enter into this Agreement and by proper corporate action has duly authorized the execution and delivery of this Agreement. ARTICLE III ACQUISITION AND INSTALLATION OF EQUIPMENT; LEASE OF EQUIPMENT; PAYMENT OF RENTAL; OPERATION AND MAINTENANCE; INSURANCE; AND TAXES SECTION 3.1. Acquisition and Installation of the Equipment. (a) The Lessee shall acquire and install the Equipment in accordance with the specifications therefor and all applicable requirements of governmental authorities. (b) The Lessor shall deliver the amount of $2,503,000, being the aggregate purchase price of the Equipment, to the Escrow Agent for deposit into the Equipment Acquisition Fund to be held by the Escrow Agent. The Escrow Agent shall advance such amount to the Lessee in one or more installments upon the receipt by the Lessor from time to time of one or more requisitions requesting disbursement in accordance with the provisions of the Escrow Agreement. Each such requisition shall be executed by an Authorized Officer of the Lessee. (c) The Escrow Agent shall pay all requisitions delivered to it by the Lessee prior to the occurrence of an Event of Default under Section 5.1 or the failure of the Lessee to make any payment hereunder as a result of a failure of its Governing Body to appropriate moneys for the purpose of making any such payment. (d) Acceptance of delivery of the Equipment or the components thereof and execution by the Lessee of the requisition or requisitions for the purchase price thereof pursuant to Section 3.1(b) shall constitute the Lessee's acknowledgment that the Equipment or the components thereof are in good operating order, repair, condition and appearance, are of the manufacture, design and capacity selected by the Lessee and are suitable for the purposes for which acquired. (e) With the written consent of the Lessor, there may be substituted for the Equipment or any component thereof described in Exhibit A and, if any such substitution shall cause the aggregate purchase price of the Equipment to be in excess of the amount specified in Section 3.1(b), the aggregate purchase price specified in Section 3.1(b) may be increased pro -4- 361858.3 022815 AGMT tanto. Upon any such ificrease, the Lessor and the Lessee shall amend Exhibit B to reflect a corresponding increase in the Base Payments. SECTION 3.2. Title to the Equipment; Security Interest. (a) During the Lease Term, ownership and legal title of all Equipment and all replacements, substitutions, repairs and modification shall be in the Lessee and the Lessee shall take all action necessary to vest such ownership and title in the Lessee. The Lessor does not own the Equipment and by this Agreement is merely financing the acquisition of such equipment for the Lessee. The Lessor has not been in the chain of title of the Equipment, does not operate, control or have possession of the Equipment and has no control over the Lessee or the Lessee's operation, use, storage or maintenance of the Equipment. (b) The Lessee hereby grants to the Lessor a continuing, first priority security interest in and to the Equipment, all repairs, replacements, substitutions and modifications thereto and all proceeds thereof and in the Equipment Acquisition Fund in order to secure the payment of the Base Payments and all other payment obligations of the Lessee hereunder and the performance by the Lessee of all other obligations of the Lessee hereunder. With respect to any motor vehicle constituting a component of the Equipment, or of which a component of the Equipment becomes a part, and which is subject to Title 46.2, Chapter 6 of the Code of Virginia, 1950, such motor vehicle shall be registered in the name of the Lessee, and the certificate of title to such motor vehicle shall indicate that the Lessee is the owner of record and the Lessor is the first lienholder with respect to such motor vehicle. The Lessee agrees to cooperate with the Lessor in executing and filing financing statements and taking such other actions as shall be required to perfect the Lessor's valid first lien and perfected security interest in the Equipment. If requested by the Lessor, the Lessee shall obtain a landlord and/or mortgagee's consent and waiver with respect to the Equipment. If requested by the Lessor, the Lessee shall conspicuously mark the Equipment, and maintain such markings during the Lease Term, to disclose clearly the Lessor's security in the Equipment. Upon termination of this Agreement through exercise of the Lessee's prepayment option pursuant to Section 3.15 or through payment by the Lessee of the amount provided for in Section 3.16(b) or all Base Payments and other amounts due with respect to the Equipment, the Lessor's security interest in the Equipment shall terminate, and the Lessor shall execute and deliver to the Lessee such documents as the Lessee may reasonably request to evidence the termination of the Lessor's security interest in the Equipment. SECTION 3.3. Lease of the Equipment; Absence of Representations, Warranties or Covenants of the Lessor as to Merchantability, Etc.; Enforcement of Warranties Against Seller or Manufacturer of the Equipment. (a) The Lessor hereby leases the Equipment to the Lessee, and the Lessee hereby leases the Equipment from the Lessor, upon the terms and conditions of this Agreement. The Lessee shall be entitled to possession of each component of the Equipment and may retain possession of each component of the Equipment so long as it is not in default under the terms of this Agreement. (b) THE LESSEE ACKNOWLEDGES THAT THE EQUIPMENT LEASED HEREUNDER IS OF A TYPE, DESIGN, SIZE, CAPACITY AND MANUFACTURE SELECTED BY THE LESSEE; THAT THE LESSOR IS NOT A MANUFACTURER OF, OR 5 361858.3 022815 AGMT DEALER IN, THE EQUIPMENT; THAT NEITHER THE VENDOR, THE MANUFACTURER NOR ANY AGENT THEREOF IS AN AGENT OF THE LESSOR; THAT THE LESSOR HAS NOT, WILL NOT AND HAS NO OBLIGATION TO, INSPECT THE EQUIPMENT PRIOR TO DELIVERY TO THE LESSEE; THAT THE LESSOR IS NOT RESPONSIBLE FOR REPAIRS, SERVICE OR DEFECTS IN THE EQUIPMENT OR OPERATIONS THEREOF; AND THAT THE LESSOR HAS NOT MADE AND WILL NOT MAKE ANY REPRESENTATION, WARRANTY OR COVENANT, EXPRESS OR IMPLIED, OF ANY KIND OR AS TO ANY MATTER WHATSOEVER ON WHICH THE LESSEE MAY RELY, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH LAWS, GOVERNMENTAL REGULATIONS OR RULES, ORDERS, SPECIFICATIONS OR CONTRACT, CONDITION, TITLE, QUALITY, DESIGN, DURABILITY OR SUITABILITY FOR THE LESSEE'S PURPOSES OF THE EQUIPMENT IN ANY RESPECT, OR ANY PATENT INFRINGEMENT OR LATENT OR PATENT DEFECTS. THE LESSOR SHALL NOT BE LIABLE TO THE LESSEE FOR ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN OR BY ANY INCIDENT WHATSOEVER IN CONNECTION THEREWITH AND THE LESSEE HEREBY ACKNOWLEDGES THE FOREGOING DISCLAIMER BY THE LESSOR. (c) The Lessor hereby appoints the Lessee its agent and attorney-in-fact, for and in its name and behalf to make and enforce, at the Lessee's cost and expense, whatever claims the Lessor may have against the seller or manufacturer of the Equipment under any warranty, express or implied in respect thereof. Nothing contained in this Section 3.3(c) shall be construed to constitute a waiver by the Lessor or the Lessee of any right against any seller or manufacturer of any component of the Equipment arising out of a defect in the title to such Equipment. SECTION 3.4. Lease Term. The Lease Term shall commence on the date of delivery of this Agreement and, unless sooner terminated in accordance with the provisions hereof, shall terminate on January 1, 2006. SECTION 3.5. Rentals. (a) Subject to the provisions set forth in Section 3.6, the Lessee shall pay to the Lessor, at its address set forth in Section 7.5, on each "Due Date" specified in Exhibit B, the Base Payments as set forth in such Exhibit B under the caption "Payment Amount" except to the extent of any reduction in the Base Payments pursuant to Section 3.5(c). Each Base Payment shall be paid in lawful money of the United States of America. (b) The obligations of the Lessee to make the rental payments required under Section 3.5 (a) and the payments required under other sections hereof and to perform and observe the other agreements contained herein shall be absolute and unconditional except as provided in Sections 3.6 and 6.1. (c) It is understood that this Agreement is being entered into by the Lessor and the Lessee for the purpose of financing the acquisition and installation of the Equipment on behalf -6- 361858.3 022815 AGMT of the Lessee and that each Base Payment under this Agreement is comprised of a principal component and an interest component. The interest component of the Base Payments set forth in Exhibit C is based on an interest rate of 4.474% per annum, calculated on the basis of a 360-day year comprised of twelve 30-day months. The interest component of the Base Payments set forth in Exhibit B shall accrue from and after February 7, 2001, being the date of the execution and delivery of this Agreement and the delivery by the Lessor of the amount of $2,503,000 to the Escrow Agent for deposit into the Equipment Acquisition Fund in accordance with the provisions of Section 3.1 (b) hereof. SECTION 3.6. Availability of Funds to Make Rental Payments; Rental Payments Subject to Appropriation. The Lessee reasonably believes that funds can be obtained sufficient to make all rental payments required by Section 3.5(a) during the Lease Term. While recognizing that it is not empowered to make any binding commitment beyond the current Fiscal Year of the Lessee, the Governing Body of the Lessee hereby declares the nature of the Equipment essential to the efficient operation of the Lessee. The Governing Body of the Lessee anticipates that the need for the Equipment will not change during the Lease Term. The Governing Body of the Lessee also hereby states its intent to make annual appropriations during the Lease Term sufficient to make the rental payments required by Section 3.5(a). Notwithstanding anything in this Agreement to the contrary, the Lessee's obligations to pay the cost of performing its obligations under this Agreement, including without limitation its obligations to pay all rental payments required by Section 3.5 (a), shall be subject to and dependent upon annual appropriations being made by the Governing Body of the Lessee for such purpose; provided, however, that the City Manager of the Lessee or other officer charged with the responsibility for preparing the Lessee's budget shall include in the proposed budget for each Fiscal Year of the Lessee the amount of the rental payments required by Section 3.5(a) and all other amounts required to be paid under this Agreement during such Fiscal Year of the Lessee, and the City Manager or such other officer of the Lessee shall use his or her best efforts to obtain the annual appropriations of the rental payments required by Section 3.5(a) and such other amounts throughout the Lease Term. SECTION 3.7. Use of the Equipment. The Lessee shall use the Equipment in the ordinary course of the regular operations conducted by the Lessee and only in the Commonwealth of Virginia. The Lessee represents that the Equipment is essential to the Lessee's proper, efficient and economic operation. The Lessee shall use the Equipment only for the purposes for which it was designed, and shall not abuse the Equipment or use it in such a manner that any seller's or manufacturer's warranty thereon would be void. Subject to the provisions of Section 3.6, the Lessee shall, at its own cost and expense, comply with, and cause the Equipment to comply with, all laws, rules, regulations, ordinances, restrictions and agreements (including insurance policies), affecting the Equipment or the use, installation or maintenance thereof, including the making of all changes in, additions, to, or safeguards for the Equipment (even if unforeseen or extraordinary) that may be required for such compliance. SECTION 3.8. Maintenance and Preservation of the Equipment. Subject to the provisions of Section 3.6, the Lessee, at its own cost and expense, shall keep and maintain the Equipment in good mechanical condition, repair and appearance at all times during the Lease 7 361858.3 022815 AGMT Term and shall comply with all requirements of the manufacturers of the Equipment necessary to meet all manufacturers' warranties in force. The Lessor shall not be required to maintain or make any repairs or replacements of any nature or description to or of the Equipment. The Lessee shall not make any alterations, additions, modifications or improvements to the Equipment that will diminish the value of the Equipment or any component thereof without the Lessor's prior written consent. All additions and improvements made to the Equipment shall be deemed to constitute a part of the Equipment. SECTION 3.9. Liens. The Lessee shall not directly or indirectly create, incur, assume, permit or suffer to exist, and, subject to the provisions of Section 3.6, shall, at its own cost and expense, promptly remove and discharge any lien, encumbrance or charge upon the Equipment (other than this Agreement or any lien, encumbrance or charge created by the Lessor) or upon the Lessee's interest therein, and the Lessee shall take all such action as may be necessary to protect and defend the title and interest of the Lessor and the Lessee in and to the Equipment from any such liens, encumbrances and charges. The Lessee shall promptly give the Lessor notice of any lien created upon the Equipment, stating the action the Lessee has taken or is about to take with respect thereto. SECTION 3.10. Insurance. The Lessee shall keep the Equipment (i) continuously insured under a policy or policies of commercial insurance against loss by fire (with extended coverage), such coverage to be equal to, at a minimum, the unpaid principal components of the Base Payments (such that the Lessor or the Lessee does not become a co- insurer for any portion of such unpaid principal components), and against such other risks as are customarily insured against by reasonable and prudent public bodies of like size and type as would operate the Equipment; and (ii) insured with comprehensive general liability insurance (including self-insurance if commercial insurance cannot be procured at reasonable cost), paying, subject to the provisions of Section 3.6, all premiums with respect thereto as the same become due and payable. Each policy or policies of insurance referred to in clauses (i) and (ii) of the immediately preceding sentence shall name the Lessor and the Lessee as insureds as their interests may appear. Each such policy or policies of insurance shall provide that the same may not be altered or cancelled by the insurer except after not less than thirty (30) days' prior written notice to the Lessor. In lieu of separate insurance policies, such insurance may be in the form of a blanket insurance policy or policies. Insurance policies may be written with deductible amounts or exceptions and exclusions comparable to those of reasonable and prudent public bodies of like size and type as would operate the Equipment. The Lessee shall on the date of execution and delivery of this Agreement, and from time to time during the term of this Agreement upon the request of the Lessor, furnish the Lessor with evidence that the Lessee has obtained and is maintaining the policy or policies of insurance required by this Section 3.10. With the Lessor's prior consent, the Lessee may self-insure the Equipment by means of an adequate insurance fund set aside and maintained for that purpose which must be fully described in a letter delivered to the Lessor in form acceptable to the Lessor. If the Lessee self insures, the Lessee shall cause to be filed annually with the Lessor a certificate of its risk manager or insurance consultant as to the adequacy of reserves for such self-insurance. -8- 361858.3 022815 AGMT SECTION 3.11. Personal Property. The Equipment is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any component thereof may be or hereafter may become in any manner physically affixed or attached to real estate or any building thereon. If requested by the Lessor, the Lessee will, at the Lessee's expense, furnish a landlord or mortgagee waiver with respect to the Equipment. SECTION 3.12. Records; Inspection. The Lessee shall maintain adequate records identifying and locating the Equipment, and shall permit the Lessor, by its employees, agents, accountants and attorneys, to examine such records, make extracts therefrom, discuss the same with the Lessee's officers and agents, and to inspect the Equipment, at reasonable times during business hours. SECTION 3.13. Nature of Obligations of the Lessee; Notice of Events of Default. (a) Except as provided in Sections 4.1, 5.2 and 6.1, this Agreement shall not terminate nor shall the Lessee have any right to terminate this Agreement or to be released, relieved or discharged from any obligations or liabilities hereunder for any reason whatsoever. (b) Subject to the provisions of Section 3.6, the obligations of the Lessee to pay rentals and to pay all other amounts provided for in this Agreement and to perform its obligations under this Agreement shall be absolute and unconditional and such rentals and other amounts shall be payable without any rights of set-off, recoupment or counterclaim it might have against the Lessor or any other person or vendor and whether or not the Equipment is used by the Lessee or available for use by the Lessee. (c) The Lessee shall give the Lessor prompt written notice of any Event of Default hereunder or any event of non-appropriation of sufficient funds to pay rental payments and other amounts under this Agreement. (d) Except as otherwise provided herein and to the extent permitted by law, the Lessee waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Agreement, or to any abatement, suspension, deferment, diminution or reduction of rental obligations or other amounts payable by the Lessee, for any cause including, without limiting the generality of the foregoing, any acts or circumstances that may constitute an eviction or constructive eviction, failure of consideration, failure of title, or frustration of purpose, or any damage to or destruction of the Equipment, or the taking by eminent domain of title to or the right of temporary use of all or any component of the Equipment, or the failure of the Lessee to perform and observe any agreement or covenant, whether express or implied, of any duty, liability or obligation arising out of or connected with this Agreement. SECTION 3.14. Tax Covenants. The Lessee represents and covenants that it will not use the Equipment, or permit the Equipment to be used, in such a manner as would cause the portion of the rental payments designated as interest to be included in gross income for federal income tax purposes under Section 103(a) of the Code. The Lessee represents and covenants that it will not take any action or fail to take any action which would result in this -9- 361858.3 022815 AGMT Agreement or the obligations of the Lessee hereunder constituting an "arbitrage bond" within the meaning of such term as used in Section 148 of the Code or which would violate regulations promulgated by the Department of the Treasury under the Code applicable to this Agreement and will comply in all respects with the provisions of the Federal Tax Certificate, dated the date hereof, executed and delivered by the Lessee (the "Federal Tax Certificate"), including, without limitation, the requirement to file a Form 8038-G or other informational report with the Internal Revenue Service in accordance with the provisions of Section 149(e) of the Code and the regulations promulgated thereunder. The Lessee specifically agrees to pay such amounts of rebatable arbitrage at such times as are required to be paid by the Lessee pursuant to the Federal Tax Certificate. SECTION 3.15. Prepayment Option. On each Due Date, the Lessee shall have an option to purchase the Equipment for an amount equal to the Termination Value set forth opposite such Due Date in Exhibit B. The Lessee's right to exercise such prepayment option shall be conditioned upon the Lessee's having performed all terms and conditions required to be performed by the Lessee under this Agreement in a timely fashion and no Event of Default or failure to appropriate on the part of the Lessee having occurred and remaining unremedied during the term of this Agreement. The Lessee shall, as a condition precedent to the exercise of such prepayment option, give notice of its intention to exercise such option at least thirty (30) days prior to the Due Date upon which it seeks to exercise such option. SECTION 3.16. Effect of Event of Taxability. (a) Upon the occurrence of an Event of Taxability, the~Lessee shall pay to the Lessor upon demand, subject to the provisions of Section 3.6, (i) an amount which, with respect to Base Payments previously paid and taking into account all penalties, fines, interest and additions to tax (including all federal, state and local taxes imposed on the interest due through the date of such event), will restore to the Lessor its after-tax yield (assuming tax at the highest marginal tax rate and taking into account the time of receipt of Base Payment and reinvestment at the after-tax yield rate) on the transaction evidenced by this Agreement through the date of such event; and (ii) as additional Base Payments to the Lessor on each succeeding Due Date such amount as will maintain such after-tax yield to the Lessor. (b) As an alternative to the obligation of the Lessee to pay to the Lessor the amounts described in clauses (i) and (ii) of subsection (a) of this Section 3.16, the Lessee, upon receipt of written notification from the Lessor of the occurrence of an Event of Taxability at any time during the Lease Term, shall have the option to pay to the Lessor an amount equal to the Termination Value set forth on Exhibit B opposite the Due Date immediately preceding the Lessee's receipt of such notice, together with the interest accrued on such amount from such immediately preceding Due Date to the date such payment is made, and upon such payment and the payment of all other amounts then due and payable by the Lessee to the Lessor hereunder, this Agreement shall terminate and the Lessor shall take the actions required by Section 3.2(b) hereof to terminate the Lessor's security interest in the Equipment. The Lessee shall, as a condition precedent to the exercise of the option provided for in this Section 3.16(b), give notice of its intention to exercise such option at least thirty (30) days prior to the payment date. - 10- 361858.3 022815 AGMT ARTICLE IV LOSS AND DAMAGE SECTION 4.1. Loss and Damage. The Lessee shall bear the entire risk of loss, theft, condemnation, destruction or damage of or to the Equipment from any cause whatsoever, and no loss, theft, condemnation, destruction or damage of or to the Equipment shall relieve the Lessee of the obligation to pay rent or of any other obligation under this Agreement. In the event of damage to any component of the Equipment, the Lessee shall immediately repair, rebuild or restore the property damaged to substantially the same condition as it existed prior to the event causing the damage. If the Lessor determines that any component of the Equipment is lost, stolen, condemned, destroyed or damaged beyond repair, the Lessee, at its option, will: (a) replace the same with like property in good repair, or (b) terminate this Agreement with respect to such component of the Equipment so lost, stolen, condemned, destroyed or damaged beyond repair and pay the Lessor in cash all of the following: (i) all amounts then owed by the Lessee or accrued to the Lessor under this Agreement with respect to such component of the Equipment; and (ii) the unpaid balance of the Base Payments with respect to such component of the Equipment for the term of this Agreement, less the amount of such Base Payments attributable to interest accruing after the payment date. Upon the Lessor's receipt of such payment, the Lessee shall be entitled to whatever interest the Lessor may have in the component of the Equipment so lost, stolen, condemned, destroyed or damaged beyond repair, in its then condition and location, without warranties, expressed or implied. The termination of this Agreement in accordance with the provisions of this Section 4.1 with respect to a lost, stolen, condemned, destroyed or damaged component of the Equipment shall not affect to obligations of the Lessee under this Agreement with respect to the remaining components of the Equipment. ARTICLE V EVENTS OF DEFAULT AND REMEDIES SECTION 5.1. Events of Default; Non-Appropriation Not An Event of Default. (a) The following shall be "Events of Default" under this Agreement, and the terms "Event of Default" or "Default" shall mean, whenever they are used in this Agreement, any one or more of the following events: (1) Failure by the Lessee to pay when due any rental payments required to be paid under Section 3.5(a) subject to the provisions of Section 5. l(b); (2) Failure by the Lessee to provide the insurance coverage required under Section 3.10, subject to the provisions of Section 5. l(b); (3) Failure by the Lessee to pay when due any payment due under this Agreement other than rental payments due under Section 3.5(a), subject to the provisions of Section 5. l(b), or observe and perform any covenant, condition or agreement on its part to be -11- 361858.3 022815 AGMT observed or performed, which failure shall continue for a period of sixty (60) days after written notice is given, or in the case of any such Default that cannot with due diligence be cured within such sixty (60) day period, failure of the Lessee to proceed promptly to cure the same and thereafter prosecute the curing of such Default with due diligence; or (4) Bankruptcy of the Lessee, or failure by the Lessee to lift any execution or attachment against the Equipment, which failure shall continue for a period of sixty (60) days after written notice is given, or in the case of any such Default that cannot with due diligence be cured within such sixty (60) day period, failure of the Lessee to proceed promptly to cure the same and thereafter prosecute the curing of such Default with due diligence. (b) Notwithstanding anything contained in this Section 5.1 to the contrary, a failure by the Lessee to pay when due any payment required to be made under this Agreement or a failure by the Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Agreement resulting from a failure of the Governing Body of the Lessee to appropriate moneys for such purposes shall not constitute an Event of Default. Upon any such failure to appropriate, the provisions of Article VI shall be applicable. SECTION 5.2. Remedies Upon Default. (a) Whenever any Event of Default shall have happened and be subsisting, the Lessor may take any one or more of the following remedial steps, without further demand or notice: (i) re-enter and take possession of any component or all of the Equipment, with or without terminating this Agreement, exclude the Lessee from possession and sell, lease or sublease the Equipment or any component thereof for the account of the Lessee, holding the Lessee liable for all rental payments payable under Section 3.5(a) and other amounts payable by the Lessee hereunder due up to the effective date of such selling, leasing or subleasing and for the difference between (A) the purchase price, rent and other amounts paid by the purchaser, lessee or sublessee pursuant to such sale, lease or sublease, and (B) any rental payments payable under Section 3.5(a) accrued and not yet payable and thereafter to become due and any other amounts payable by the Lessee hereunder; or (ii) take whatever action at law or in equity may appear necessary or desirable to collect the rental payments payable under Section 3.5(a) and other amounts payable by the Lessee hereunder then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the Lessee under this Agreement. (b) In any of such cases, all rights and interests created or then existing in favor of the Lessee as against the Lessor hereunder shall cease and terminate and the right to the possession of the Equipment and all other rights acquired by the Lessee hereunder shall revert to and revest in the Lessor without any act of re-entry, or any other act of the Lessor to be performed and without any right of the Lessee of return, reclamation or compensation for moneys paid under this Agreement as absolutely, fully and perfectly as if this Agreement and such payments had never been made; and in case of such default all payments theretofore made on this - 12- 361858.3 022815 AGMT Agreement are to be retained by and belong to the Lessor as the agreed and reasonable rent of the Equipment up to the time of such default. (c) Any amount received by the Lessor pursuant to the foregoing provisions of this Section 5.2 shall be applied first to costs, then to any unpaid interest component of the rental payments payable under Section 3.5(a), and then to payment of any unpaid principal component of the rental payments payable under Section 3.5(a), and upon payment in full of all rental payments required pursuant to Section 3.5(a) due and thereafter to become due through the end of the Lease Term, and the Lessor shall transfer, convey or assign the Lessor's right, title and interest in the Equipment to the Lessee. SECTION 5.3. No Right or Remedy Exclusive. No remedy conferred upon or reserved to the Lessor by this Agreement is intended to be exclusive of any other available remedy or remedies, but every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Lessor to exercise any remedy reserved to it in this Article V, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. SECTION 5.4. Effect of Failure to Require Performance or Waiver of Breach. Failure by the Lessor at any time to require performance by the Lessee of any provision hereof shall in no way affect the Lessor's right hereunder to enforce the same, nor shall any waiver by the Lessor of any breach of any provision hereof be held to be a waiver of any succeeding breach of any such provision, or as a waiver of the provision itself. ARTICLE VI TERMINATION OF AGREEMENT SECTION 6.1. Termination of Lease Upon a Failure to Appropriate. If as a result of a failure of the Governing Body of the Lessee to appropriate moneys for such purpose, the Lessee shall not have the funds available to pay and shall fail to pay when due any rental payment payable under Section 3.5(a) or any other payment to be paid by the Lessee under this Agreement, this Agreement shall terminate as of the end of the then current Fiscal Year of the Lessee. Notwithstanding any such termination, the Lessor shall be entitled to any rental payments or other payments due and owing for which funds shall have been appropriated by the Governing Body of the Lessee. SECTION 6.2. Rights of Lessor Upon a Failure to Appropriate. Upon the failure of the Governing Body of the Lessee to appropriate funds necessary for the Lessee's performance hereunder, the Lessor may exclude the Lessee from possession of the Equipment and - 13- 361858.3 022815 AGMT may sell, lease or sublease any component or all of the Equipment in the manner provided by Section 5.2(a)(i). ARTICLE VII MISCELLANEOUS SECTION 7.1. Assignment of Agreement. (a) Without the Lessor's prior written consent, the Lessee shall not (i) assign, transfer, pledge, hypothecate or otherwise dispose of this Agreement or any interest herein; or (i) sell, sublet, lend or otherwise transfer any interest in the Equipment or permit it to be used by anyone other than the Lessee or the Lessee's employees. (b) The Lessor may assign, transfer, pledge, hypothecate or otherwise dispose of its right, title and interest hereunder or in the Equipment in whole but not in part without the consent of the Lessee. The Lessor agrees, however, to provide the Lessee with notice of any such assignment, transfer, pledge, hypothecation or other disposition. In the event the Lessor assigns any or all of its right, title and interest in, to and under this Agreement, the provisions of this Agreement shall inure to the benefit of the assignee, and the Lessee shall endorse on any such assignment its consent thereto and its agreement to pay thereafter all amounts due hereunder which are so assigned directly to the assignee without off-set or deduction for any cause and thereafter all notices to be sent by the Lessee to the Lessor hereunder shall also be sent to the assignee. SECTION 7.2. Reimbursement. Subject to the provisions of Section 3.6, the Lessee shall reimburse the Lessor upon demand, as additional rental, all reasonable expenses incurred by the Lessor subsequent to the date hereof which relate to the enforcement of the Lessee's rights under this Agreement, including, without limitation, drawing of papers, recording and filing fees and the fees and disbursements of counsel. SECTION 7.3. Security Agreement. This Agreement is intended to constitute a security agreement within the meaning of the Uniform Commercial Code or other applicable law in effect in the Commonwealth of Virginia. The Lessee agrees to execute such additional documents, including financing statements, assignments, affidavits, notices and similar instruments and applications to add lienholders to certificates of title for motor vehicles, if applicable, all in form satisfactory to the Lessor, which the Lessor deems necessary or appropriate to establish and maintain the security interest created by this Section 7.3. SECTION 7.4. Severability. Each provision contained in this Agreement shall for all purposes be construed to be separate and independent and the breach of any such provision by the Lessor shall not discharge or relieve the Lessee from the Lessee's obligation to observe and perform each provision of this Agreement to be observed or performed by the Lessee. If any provision of this Agreement or the application thereof, to any person or circumstances shall to any extent be invalid and unenforceable, this Agreement shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforceable to the extent permitted by law. - 14- 361858.3 022815 AGMT SECTION 7.5. Notices. Unless otherwise provided herein, all demands, notices, approvals, consents, requests, opinions and other communications hereunder shall be in writing and shall be deemed to have been given when delivered in person, or when sent by Federal Express or a comparable express courier service, or when mailed by first class or registered or certified mail, postage prepaid, addressed as follows: If to the Lessor: SunTrust Leasing Corporation 120 East Baltimore Street, 24th Floor Baltimore, Maryland 21202 If to the Lessee: City of Roanoke, Virginia Department of Finance 215 Church Avenue, S.W., Room 461 Roanoke, Virginia 24006-1220 The Lessor and the Lessee may, by notice given hereunder, designate any further or different addresses to which subsequent demands, notices, approvals, consents, requests, opinions or other communications shall be sent or persons to whose attention the same shall be directed. SECTION 7.6. Headings. The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the provisions of this Agreement. SECTION 7.7. Governing Law. This Agreement and the right and obligations of the parties to this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Virginia and any suits and actions arising out of this Agreement shall be instituted in any court of competent jurisdiction in the City of Roanoke, Virginia. SECTION 7.8. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and there are no warranties (in respect of the Equipment or otherwise) or restrictions, express or implied, or collateral or contemporaneous agreements that affect its meaning. This Agreement may be modified, amended or mutually rescinded only by a written instrument executed by each of the parties hereto. SECTION 7.9. Beneficiaries of Agreement. The terms, covenants, agreements and conditions contained herein shall extend to, include, and inure to the benefit of, and be binding upon, the respective permitted successors and assignees, as the case may be, of the Lessor and the Lessee. - 15- 361858.3 022815 AGMT SECTION 7.10. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the Lessor and the Lessee have caused this Agreement to be duly executed as of the day and year first above written. SUNTRUST LEASING CORPORATION, as Lessor By: Name: Michael J. Powers Title: Secretary CITY OF ROANOKE, VIRGINIA, as Lessee By: Name: Darlene L. Burcham Title: City Manager - 16- 3618583 022815 AGMT EXHIBIT A DESCRIPTION OF EQUIPMENT VEHICULAR EQUIPMENT Description of Vehicular Equipment: Automated Refuse Trucks ............ Number of Units .................. Estimated Cost ................... Pumper/Elevated Water/Tower Truck Number of Units .................. Estimated Cost ................... Ambulance ...................... Number of Units .................. Estimated Cost ................... Backhoe and Loader combination ....... Number of Units .................. Estimated Cost ................... 21/2 Ton Dump Truck ............... Number of Units .................. Estimated Cost ................... 10 Ton Dump [~ruck ................ Number of Units .................. Estimated Cost ................... 15 Ton Dump Truck ................ Number of Units .................. Estimated Cost ................... Crane Truck ..................... Number of Units .................. Estimated Cost ................... Chassis and 25 yard automated body 2 $145,000 each 1 $388,000 each Chassis mounted on 1 ton body 1 $70,000 each (Case 580 B type) 1 $60,000 each (Chassis and Dump Body) 4 $60,000 each (Chassis and Dump Body) 2 $65,000 each (Chassis and Body) 1 $75,000 each (Aerial Bucket, Chassis and Bed) 1 $100,000 each A-1 361858.3 022815 AGMT COMPUTER EQUIPMENT Description of Computer Equipment: 128 MB microcomputers Number of Units .................. Estimated cost .................... OFFICE FURNITURE AND EQUIPMENT Description of Office Furniture and Equipment: Desks, chairs, bookcases, lockers Estimated cost .................... 300 $1,500 each $700,000 A-2 361858.3 022815 AGMT EXHIBIT B BASE PAYMENTS Total Termination Due Date Principal Interest Payment Amount Value July 1, 2001 $ 266,284.96 $ 44,707.96 $ 310,992.92 $2,236,715.04 January 1, 2002 260,942.36 50,050.56 310,992.92 1,975,772.68 July 1, 2002 266,781.42 44,211.50 310,992.92 1,708,991.26 January 1, 2003 272,751.14 38,241.78 310,992.92 1,436,240.12 July 1, 2003 278,854.44 32,138.48 310,992.92 1,157,385.68 January 1, 2004 285,094.31 25,898.61 310,992.92 872,291.37 July 1, 2004 210,888.15 19,519.10 230,407.25 661,403.22 January 1, 2005 215,607.15 14,800.10 230,407.25 445,796.07 July 1, 2005 220,431.75 9,975.50 230,407.25 225,364.31 January 1, 2006 225,364.31 5,042.94 230,407.25 -0- Total $2,503,000.00 $284,586.52 $2,787,586.52 B-1 361858.3 022815 AGMT REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL February 5, 2001 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, February 5, 2001, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule I, Regular Meetings, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch 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. At 12:20 p.m., the Mayor declared the meeting in recess to be reconvened at 12:25 p.m., in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia. At 12:25 p.m., on February 5, 2001, the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding. PRESENT: Council Members William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr. (left the meeting at 1:10 p.m.), Linda F. Wyatt, William D. Bestpitch and Mayor Ralph K. Smith ....................................................................................... -6. ABSENT: Council MemberWilliam White, Sr.- .............................................. 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. At 2:00 p.m., on Monday, February 5, 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. PRESENT: Council Members William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch and Mayor Ralph K. Smith ......................................................................................................... 7. ABSENT: None ..................................................................................... O. 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-LEASES-EQUIPMENT: The City Manager and the Director of Finance submitted a joint written report advising that three areas of equipment were identified during the past year, totaling $2,503,000.00, that could not be purchased from currently available budgetary funds; and various reports to Council included a recommendation to lease purchase the respective equipment as a strategy to acquire and pay for the equipment over future budget years, i.e.: A construction bid was accepted for the new police building in February 2000, funded primarily by bond funds. A February 22, 2000, Council report recommended furniture and equipment, estimated to cost approximately $700,000.00, be acquired through lease purchase. Estimated completion of the building is April, 2001, so equipment and furniture needs to be ordered soon. A Council report dated October 2, 2000, on the Capital Maintenance and Equipment Replacement Program recommended replacing $2,303,000.00 of vehicles and equipment, $1,353,000.00 of which was recommended to be lease purchased. In conjunction with the recommendation of the Capital Maintenance and Equipment Replacement Program for technology funding, a December 18, 2000, Council report recommended a program of lease purchasing in order to facilitate replacement of outdated micro computers. Included in this program, 300 micro computers, costing approximately $450,000.00, would be lease purchased on a three year replacement cycle. 2 It was further advised that a Request for Proposals for lease financing of the above described equipment was sent to 20 banks and leasing agencies on December 21,2000, and nine responses were received with SunTrust Leasing Corporation submitting the most responsive bid; SunTrust Leasing Corporation proposed an interest rate of 4.44 per cent for a three year lease period for the micro computers and 4.48 per cent for a five-year lease period for the vehicles and furniture; these rates were combined into a single amortization schedule with a 4.47 per cent blended interest rate; the annual lease payment will total $621,171.00.00 for each of the upcoming three fiscal years, and $460,815.00 for each of the remaining two fiscal years; and pending Council's approval, funding for the lease purchase payments will be included in the annually adopted budgets. The City Manager and the Director of Finance recommended that Council adopt a measure authorizing execution of the Lease Purchase Agreement with SunTrust Leasing Corporation, and any other required documents related to the Lease Purchase Agreement; and appropriate lease financing proceeds of $2,503,000.00 to the following accounts: $700,000.00 to the Capital Projects Fund, Account No. 008-052-9563, New Police Building, for lease purchase of furniture and equipment. $450,000.00 to a Department of Technology fund account to be established for lease purchase of micro computers. $1,353,000.00 to a Fleet Maintenance fund account to be established for lease purchase of vehicles and equipment. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35193-020501) A RESOLUTION of the Council of the City of Roanoke, Virginia, approving the form and the terms, conditions and provisions of an equipment lease purchase agreement relating to the acquisition and installation of vehicular equipment, computer equipment and office furniture and equipment by the City, to be dated as of January 15, 2001, by and between SunTrust Leasing Corporation, as Lessor, and the City, as Lessee, and authorizing the execution and delivery thereof; approving the form and the terms, conditions and provisions of an escrow agreement, to be dated as of January 15, 2001, by and among the City, SunTrust Leasing Corporation and SunTrust Bank, as escrow agent, and authorizing the execution and delivery thereof; authorizing the Members of the Council and the officials and employees of such City to take further action to carry out this Resolution and the transactions contemplated hereby and by the aforementioned equipment lease purchase agreement and escrow agreement; and making certain findings and determinations. 3 (For full text of Resolution, see Resolution No. 64.) Mr. Harris moved the adoption of Resolution No. 35193-020501. The motion was seconded by Mr. Carder. The Mayor requested a report from the Director of Finance with regard to the cost of acquiring the equipment through the Lease Purchase Agreement versus the conventional method of equipment acquisition. Resolution No. 35193-020501 was adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .................................................................................................... 7. NAYS: None ......................................................................................... 0. There being no further business, the Vice-Mayor declared the meeting adjourned at 6:45 p.m. ATTEST: APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 4 JAMES D. GRISSO Director of Finance February 7, 2001 CITY OF I OANOKE DEPARTMENT OF FINANCE 215 Church Avenue,'0~W., ~rrr'~61 P. 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 William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Re: Lease Purchase of Equipment Dear Mayor Smith and Members of Council: You requested the additional cost (financing interest) associated with the use of a lease purchase compared to a cash purchase of the following equipment: · Vehicular Equipment · 300 Microcomputers · New Police Building - Furniture/Equipment Total Exhibit A: Description of Equipment $1,353,000 450,000 7OO,O00 $2,503,000 As indicated in your February 5, 2000 Council letter, the blended interest rate over the five year payment schedule was 4.47%. We will be required to make semi-annual payments for five years. Total Payment Amounts Total Principal Borrowed Financing Interest Exhibit B: Base Payments $2,787,586.52 2,503,000.00 $ 284,586.52 This equipment will have financing interest cost of $284,586.52 over the cash purchase amount. This type of financing is quite common for equipment with less than a ten year Honorable Mayor and Members of City Council February 7, 2001 Page 2 life expectancy. Financial rating agencies (e.g., Moodys, Standard and Poors, and Fitch) prefer municipal bonds with 20 year maturity be used to purchase capital assets with a similar asset life. During the years I have been associated with developing operating/capital budgets, the priority items for funding are "Public Safety/Health", as it should be. In most cases the' updated equipment our employees need to do their job efficiently is not adequately funded. With the lease purchase arrangement, it is very unlikely that the "Budget Ax" would cut the required annual payments because it would be detrimental to our credit rating. This provides some assurance that the semi-annual lease purchase payments will be included in the adopted annual operating budget. Several Council members have had concerns over inadequate capital funding not being included in the annual operating budget. As these lease purchase payments end, the funds will be available to purchase capital equipment or again leveraged through a multiple year lease purchase. I hope this is responsive to your question. Please call me if you need additional information. Sincerely, ~m~'es D. Grisso ' Director of Finance JDG:s C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk EXHIBIT A DESCRIPTION OF EQUIPMENT VEHICULAR EQUIPMENT Description of Vehicular Equipment: Automated Refuse Trucks ............ Number of Units .................. Estimated Cost ................... Pumper/Elevated Water/Tower Truck Number of Units .................. Estimated Cost ................... Ambulance ...................... Number of Units .................. Estimated Cost ................... Backhoe and Loader combination ....... Number of Units .................. Estimated Cost ................... 2 I/2 Ton Dump Truck ............... Number of Units .................. Estimated Cost ................... 10 Ton Dump Truck ................ Number of Umts ................. Estimated Cost .................. 15 Ton Dump Truck ............... Number of Units .................. Estimated Cost ................... Crane Truck ..................... Number of Units .................. Estimated Cost ................... Chassis and 25 yard automated body 2 $145.000 each 1 $388.000 each Chassis mounted on I ton body 1 $70.000 each (Case 580 B type) $60.000 each (Chassis and Dump Body) 4 $60,000 each (Chassis and Dump Body) $65.000 each (Chassis and Body) $75.000 each (Aerial Bucket, Chassis and Bed) ! $100.000 each A-! 361858 CO,MPUTER EQL'IPMENT Description of Computer Equipment: 128 MB microcomputers Number of Units .................. Estimated cost .................... OFFICE FURNITURE AND EQUIP~IENT Description of Office Furniture and Equipment: Desks, chairs, bookcases, lockers Estimated cost 3OO Sl.500 each S700,000 A-2 361858 3 022,~15 ~(JMY B~ASE PAYMENT~ FXHIBIT_BB Total Termination Due Dal_e ~ Interest Payment Amount Value July t, 2001 $ 266,284.96 $44,707.96 $ 310,992.92 $2,236,715.04 January 1, 2002 260,942.36 50.050.56 310,992.92 1.975,772.68 July 1. 2002 266,781.42 44.211 50 310,992.92 1,708.991.26 January 1, 2003 272,751.14 38,241.78 310,992.92 1,436,'240. I2 July 1, 2003 278,854.44 32,138.48 310,992.92 1,157,385.68 January 1, 2004 285,094.31 25,898.61 310,992.92 872,291.37 July 1, 2004 210,888.15 19.519.10 230,407.25 661,403.22 January 1, 2005 215,607.15 14,800.10 230,407.25 445,796.07 July 1, 2005 220,431.75 9,975.50 230,407.25 225,364.31 January 1, 2006 225,364.31 5,042.94 230,407.25 -0- Total $2,503.000.00 $284,586.52 $2,787.586.52 B-I 3618583 022815 -~GMT CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #5-60 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35196-020501, authorizing issuance of Change Order No. 7, in the amount of $50,637.00, to the City's contract with Thor, Incorporated, for construction of the new Police Building, to provide for revised grading and addition of a storm drain. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer L. Bane Coburn, Civil Engineer II N:\CKSHl~Agendas 2001\Corresp Feb 5 2001.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35196-020501. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 7 to the City's contract with Thor, Incorporated for revised grading and addition of a storm drain; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 7 to the City's contract with Thor, Incorporated for revised grading and addition of a storm drain, all as more fully set forth in the letter to this Council dated February 5, 2001. 2. This Change Order will provide authorization for additions in the work with an increase in the amount of $50,637 to the original contract, all as set forth in the above letter. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. l:\Clerk\co7 2501 CITY OF ROANOK Office of the City Clerk Mary F. Parker, CMC City Clerk February 14, 2001 File #5-60 Stephanie M. Moon Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: The attached letter was forwarded to you, in error, advising of the adoption of Ordinance No. 35195-020501 in connection with Change Order No. 7 to the contract with Thor, Inc., for the new police building. Please disregard the above-referenced letter and attachment dated February 12, 2001, inasmuch as no appropriation of funds is r~ 'ssary for Change Order No. 7 to the contract with Thor, Inc. .... cerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer L. Bane Coburn, Civil Engineer II H:~Agendas 2001\Corresp Feb 5 2001 .wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #5-60 Stephanie M. Moon Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35195-020501, amending and reordaining certain sections of the 2000-2001 Capital Projects, Department of Technology and Fleet Management Funds Appropriations, to provide for appropriation of $50,637.00 in connection with Change Order No. 7 with Thor, Incorporated, for the new Police Building to provide for revised grading and addition of a storm drain. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer L. Bane Coburn, Civil Engineer II N:\CKSH l~Agendas 2001\Corresp Feb 5 2001 .wpd '0! .', February 5, 2001 5.a.6. .'.~i.:i ~.','~ ,~;',Office of the City Manager Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Change Order No. 7 New Police Building 348 West Campbell Avenue Roanoke, Virginia Background: The City entered into a contractual agreement with Thor, Incorporated, 3313 Plantation Road, N.E., Roanoke, Virginia 24012, for construction of the New Police Building in the amount of $4,015,200 and 390 consecutive calendar days construction time. The project is scheduled for completion in May 2001. The following Change Orders have been approved: Change Order No. 1 Add covered walkway along Campbell Avenue in lieu of chain link fence specified - $6,653 Change Order No. 2 Rock excavation in foundation, plus seven (7) consecutive calendar days construction time - $9,628 Change Order No. 3 Complete the sprinkler system of the building - $25,000 Change Order No. 4 Electrical and mechanical rough-in to lockers - $8,300 Change Order No. 5 Removal of the adhered paper from the roof and provide a new 2500 psi Duracap Gypcrete slab, plus seven (7) consecutive calendar days construction time - $31,252 Change Order No. 6 Change roof insulation from what was originally specified to polyisocynurate; add metal flashing at existing Jail roof; change main entrance doors from bronze to black; change lobby floor from quarry tile to sheet vinyl with shield; add on additional sump pump in the basement with electrical and piping; add additional fire dampers as required by the inspector from the Building Commissioner's office - $22,947 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 Change Order No. 7 New Police Building 348 West Campbell Avenue Roanoke, Virginia February 5, 2001 Page 2 Proposed Change Order No. 7 will provide for a storm drainage system to drain the rear and side areas of the building. A storm drain with four manholes will be installed from the back of the building to Campbell Avenue and then down to the existing storm drain that is in front of the jail. This includes three new manholes plus one drop inlet. This installation takes into account the second phase construction of the building. The cost for the revised grading and addition of a storm drain is $50,637. Proposed Change Order No. 7 Total of Change Order Nos. I through 6 $ 50,637 103,780 Total Change Orders $154,417 Considerations: Funding is available in the project contingency. Recommended Actions: Authorize the City Manager to execute Change Order No. 7, in a form approved by the City Attorney, with Thor, Incorporated, in the amount of $50,637 and zero additional calendar days of contract time. DLB/LBC/bls Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Respectfully submitted, City Manager #CM01-0007 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #5-60-236 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35198-020501, authorizing acceptance of a certain Virginia Services, Training, Officers, Prosecution (V-STOP), Violence Against Women Grant, in the amount of $33,754.00, from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Frank Baratta, Grants Compliance Officer N:\CKSH l~Agendas 2001 \Corresp Feb 5 2001 .wpd IN THE COUNCIL OF THE'CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35198-020501. A RESOLUTION authorizing the acceptance of a certain Virginia Services, Training, Officers, Prosecution (V-STOP), Violence Against Women Grant from the Virginia Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services a Virginia Services, Training, Officers, Prosecution (V-STOP), Violence Against Women grant in the amount of $33,754, with the City providing $21,308 in local in-kind match, such grant being more particularly described in the letter of the City Manager, dated February 5, 2001, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager is hereby authorized to execute, on behalf of the City. any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Virginia Department of Criminal Justice Services: any such documentation to be approved as to form by the City Attorney. ATTEST: City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #5-60-236 Stephanie M. Moon Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35197-020501, amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of $33,754.00, in connection with acceptance of a V-STOP Violence Against Women Grant from the Virginia Department of Criminal Justice Services. The above-referenced measu re was adopted 'by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Frank Baratta, Grants Compliance Officer N:\CKSH l~Agendas 200 l\Corresp Feb 5 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35197-020501. 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 Public Safety VSTOP Grant FY01 (1-8) ................................... $ 2,352,701 33,754 Revenues Public Safety VSTOP Grant FY01 (9) ..................................... 1) Salaries 2) ICMA Retirement 3) FICA 4) Health Insurance 5) Dental Insurance 6) Telephone 7) Administrative Supplies 8) Training and Development 9) State Grant Receipts (035-640-3320-1002) $ 24,978 (035-640-3320-1115) 2,435 (035-640-3320-1120) 1,911 (035-640-3320-1125) 1,908 (035-640-3320-1126) 185 (035-640-3320-2020) 200 (035-640-3320-2030) 1,187 (035-640-3320-2044) (035-640-3320-3320) 95O 33,754 $ 2,352,701 33,754 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.7. . ~:~ , !:O~i~e of the City Manager February 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Roanoke Police Department Domestic Violence Program Grant Background: The Virginia Department of Criminal Justice Services (DCJS) provides grant funding for programs and activities which increase the apprehension, prosecution, and adjudication of persons committing violent crimes against women. The program, Virginia Services, Training, Officers, Prosecution (V-STOP), Violence Against Women, has funded the establishment of a Domestic Violence Unit within the Roanoke Police Department since 1999. On December 29, 2000, DCJS awarded the Roanoke Police Department $33,754 to employ its full-time, non-sworn, Domestic Violence Specialist, thereby, allowing continuance of the Domestic Violence Unit in calendar year 2001. The required City in-kind match is $21,308. The in-kind match will be met through salary paid to current Police Department personnel. It is anticipated that DCJS funding will continue through 2003. The Police Department's Domestic Violence Unit collects and interprets relevant domestic violence offense data which allows proactive case intervention and cultivation of cooperative working relationships with clients and service/adjudication agencies. The program produces more equitable victim-offender criminal justice dispositions related to domestic violence offenses. The Police Department's DomesticViolence Unit has serviced an average of ninety-six domestic violence victims each month since its inception. 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 Ralph K. Smith, Mayor, and Members of City Council February 5, 2001 Page 2 Recommended Action: Accept the V-STOP grant of $33,754 and authorize the City Manager to execute any grant agreements related to such grant. Appropriate $33,754 from the V-STOP grant program to accounts established by the Director of Finance. Salary: $24,978 Retirement: $ 2,435 FICA: $ 1,911 Medical Insurance: $ 1,908 Dental Insurance: $ 185 Telephone: $ 200 Supplies: $ 1,187 Training: $ 950 $33,754 Increase the State grant receipts estimate by: $33,754 Respectfully submitted, City Manager C; Mary Parker, City Clerk William Hackworth, City Attorney James Grisso, Director of Finance George Snead, Assistant City Manager for Community Development A.L. Gaskins, Chief of Police #01-404 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #60-67-270 Stephanie M. Moon Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35199-020501, amending and reordaining certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, providing for the transfer of $10,500.00 from Capital Maintenance and Equipment Replacement Program funds, in connection with completion of the Mill Mountain Center. The above- referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development Wanda B. Reed, Acting Director, Parks and Recreation Philip C. Schirmer, City Engineer Barry L. Key, Director, Department of Management and Budget N:\CKSH l~Agendas 2001 \Corresp Feb 5 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35199-020501. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and 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 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund ADDroDriations Parks, Recreation, and Cultural Recreation (1) ............................................. Nondepartmental Transfers to Other Funds (2) .................................. $ 4,807,881 2,166,789 $ 65,801,665 66,240,217 Capital Projects Fund A~3orooriations Parks, Recreation, and Cultural Mill Mountain Improvements (3) ............................... Revenues Nonoperating Transfers from Other Funds (4) ............................... 1) Expendable Equipment (<$5,000) 2) Transfer to Capital Projects Fund (001-620-7110-2035) (001-250-9310-9508) $ (10,500) 10,500 $ 7,926,831 678,717 $ 3,421,758 3,421,758 3) Construction Other 4) Transfer from General Fund (008-052-9711-9065) (008-110-1234-1037) 1 O, 500 1 O, 500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. February 5, 2001 5.a.8. ,,, ,Qffiqe, of the Cil'f Manager . .. ~ ~' i : , r: The Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Construction Funds Shortfall for Mill Mountain Center Background: Construction of the Mill Mountain Center is almost complete and is scheduled to open to the public in early Spring. Funding has been limited for this project, and in order to construct a first class facility at Roanoke's premier park, the Parks and Recreation Department has secured approximately $64,000.00 in donated funds, goods, and services. Several needed changes in the construction plans created a $10,500.00 shortfall in capital funding. These changes included the removal of an already installed wall, upgrading the floor finish, and a combination of other small changes to improve the interior and exterior of the facility. This amount is part of Change Order ~4. The project has had four (4) change orders totaling $80,376.00, which is 15% of the original contract in the amount of $530,957.00. Recommended Action: City Council authorize transferring $10,500.00 of CMERP funds currently in operating account 001-620-7110-2035, to capital account, 008-052-9711-9065, in order to complete payment for the construction of the Mill Mountain Center. City Manager DLB/jjn CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance George C. Snead, Assistant City Manager for Community Development Wanda B. Reed, Acting Director, Parks and Recreation Philip C. Schirmer, City Engineer Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 CityWeb:www. ci .roanoke.va .us #01-406 FAX (540) 853-1138 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 February 12, 2001 File #541 STEPHANIE M. MOON Deputy City Clerk Ingrid A. Kelly The First National Bank of Atlanta, d/b/a Wachovia Bank Card Services 3565 Piedmont Road Building 3, 4th Floor Atlanta, Georgia 30305 Dear Ms. Kelly: I am enclosing copy of Resolution No. 35200-020501, accepting the proposal of The First National Bank, d/b/a Wachovia Bank Card Services, to provide purchasing cards for small purchases and travel expenses for the City of Roanoke, upon certain terms and conditions, and awarding a contract therefor, authorizing the proper City officials to execute the requisite contract for such services, and rejecting all other proposals made to the City for the services. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Barry L. Key, Director of Management and Budget D. Darwin Roupe, Director of General Services Robert L. White, Manager, Purchasing Robert H. Bird, Municipal Auditor N:\CKSHl~Agendas 2001\Corresp Feb 5 2001.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-I 145 E-mail: clerk@ci.roanoke.va, us February 12, 2001 File #541 STEPHANIE M. MOON Deputy City Clerk Martha D. Shifflett SunTrust Bank 501 South Jefferson Street Roanoke, Virginia 24011 Patrick K. Dixon First Union National Bank of Virginia 201 South Jefferson Street Roanoke, Virginia 24011 Dear Ms. Shifflett and Mr. Dixon: I am enclosing copy of Resolution No. 35200-020501, accepting the proposal of The First National Bank, d/b/a Wachovia Bank Card Services, to provide purchasing cards for small purchases and travel expenses for the City of Roanoke, upon certain terms and conditions, and awarding a contract therefor, authorizing the proper City officials to execute the requisite contract for such services, and rejecting all other proposals made to the City for the services. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. On behalf of the Mayor and Members of Roanoke City Council, I would like to express appreciation for submitting your proposal on the abovedescribed service. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure N:\CKSHl~Agendas 2001\Corresp Feb 5 2001 .wpd IN THECOUNC~ OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35200-020501. A RESOLUTION accepting the proposal of The First National Bank of Atlanta, d/b/a Wachovia Bank Card Services, to provide purchasing cards for small purchases and travel expenses, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such services; and rejecting all other proposals made to the City for the services. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The proposal, on file in the Purchasing Department, of The First National Bank of Atlanta, d/b/a Wachovia Bank Card Services, to furnish purchasing cards, at no cost to the City other than potential late fees, for small purchases and travel expenses, as is set forth in the letter to this Council dated February 5,2001, such proposal being in full compliance with the City's specifications made therefor and as provided in the contract documents to be offered to such proposer, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful proposer, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, to include a provision indemnifying Wachovia Bank Card Services on the terms detailed in the City Manager's letter dated February 5, 2001. 3. Any and all other proposals made to the City for the aforesaid services are hereby REJECTED, and the City Clerk is directed to notify each such proposer and to express to each the City's appreciation for such proposal. ATTEST: City Clerk. February 5, 2001 5.a.9. , Off,i~e ot~hf¥?ty Manager Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Proposal for Purchasing Cards for Small Purchases and Travel Expenses Background: The Finance Director has previously briefed the City Council on the benefits of purchasing cards which would facilitate purchasing for small transactions and create processing efficiency through payment of one bill, replacing numerous payments to many individual vendors. Purchasing cards are a "best practice" as identified by the Government Finance Officers Association. The Commonwealth of Virginia and numerous Virginia localities use such cards. Written administrative policies and procedures will delineate employee responsibility, spending and transaction limits, clear guidelines on the appropriate uses of the cards, including approved and unapproved merchant category codes and guidelines for making necessary purchases. Appropriate management approval will be required to authorize card issuance. Considerations: Proposals for purchasing card services were requested. Three (3) proposals were received and evaluated in a consistent manner by the proposal committee named below. Interviews were conducted and negotiations were completed in accordance with Chapter 23.1, Procurement, of the Code of the City of Roanoke (1979), as amended, with The First National Bank of Atlanta, d/b/a Wachovia Bank Card Services, ranking in the first position. Under the terms of the proposal and contract, Wachovia Bank Card Services will provide the City with purchasing cards for authorized departments and employees of authorized departments. Cash advances will not be permitted under this contract. Wachovia will provide software allowing the City to access its account information electronically, installation assistance, training, and customer support. As shown on the Fee Schedule, attached hereto, Wachovia has proposed that almost all fees be waived. The only charges that the City could potentially incur would be fees for late payments or an early contract termination fee for terminating the contract before the initial one year term. 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 Ralph K. Smith, Mayor, and Members of City Council Proposal for Purchasing Cards for Small Pumhases and Travel Expenses February 5, 2001 Page 2 The proposed agreement provides that the City shall indemnify and hold harmless Wachovia Bank Card Services for, from and against any and all liabilities which may be incurred by Wachovia Bank Card Services because of any and all acts of omission or commission by the City, its officers, agents or employees in any way relating to or arising out of the agreement. The City shall not be liable for indemnification if the liability arises from the negligence, gross negligence or willful misconduct of Wachovia Bank Card Services. The City has not waived its sovereign immunity, but has specifically preserved the same in the proposed agreement. Recommended Action: Authorize the City Manager to enter into a contract, in a form approved by the City Attorney, with The First National Bank of Atlanta, d/b/a Wachovia Bank Card Services of Atlanta, Georgia, to provide purchasing card services for a period of one (1) year with the option, by both parties in writing, to renew for two (2) additional one (1) year periods. Respectfully submitted, Robert H. Bird, Municipal Auditing Cynthia S. Lear, Finance Ann H. Shawver, Finance Tammy H. Todd, Finance Robert L. White, Purchasing Honorable Ralph K. Smith, Mayor, and Members of City Council Proposal for Purchasing Cards for Small Purchases and Travel Expenses February 5, 2001 Page 3 I concur in the recommendation of the proposal committee and recommend it to you for approval. Respectfully submitted, Darlene L. Burc1~am City Manager C: City Clerk City Attorney Director of Finance Manager, OMB Manager, Purchasing Department #01-600 COMMERCIAL CARD PROGRAM AGREEMENT This Agreement, made and entered into as of the day of , 2001, (this "Agreement") by and between The First National Bank of Atlanta, a national banking association, d/b/a Wachovia Bank Card Services located in Wilmington, Delaware ("Wachovia Bank Card Services") and City of Roanoke, a municipal corporation of the Commonwealth of Virginia, located in Roanoke, Virginia ("City"). 1. PRECEDENCE OF TERMS D/TD CONDITIONS The terms and conditions herein shall take precedence over any terms contained in any purchase order or other document issued during the term of this Agreement which purport to vary, supplement or modify the terms contained herein. There are also hereby incorporated by reference herein Addendum UA" (Fee Schedule), Addendum "B" (Rebate Matrix), and Addendum "C" (Visa Purchasing Liability Waiver policy) all attached hereto. Wachovia Bank Card Services reserves the right to include any operating manual or pricing schedule that Wachovia Bank Card Services may provide from time to time to City subject to review and written approval by City. 2. SCOPE OF PURCHASING PROGRAM This Agreement shall apply to purchases of goods and services by City, and its departments and/or agencies as City, in writing, may designate as participants (each, a "participant" and collectively, the "Participants") in the Commercial Card program described in this Agreement (the "Commercial Card Program"). City shall furnish a written list to Wachovia Bank Card Services designating the Participants. City shall have the right to make additions and changes to such list over the term of this Agreement. City shall have the right to exclude any Participant from the Commercial Card Program upon receipt by Wachovia Bank Card Services from City of written notice that the Participant shall be excluded from the Commercial Card Program, whereupon Wachovia Bank Card Services will block any applicable Non-Plastic Accounts, as hereinafter defined, and any Commercial Cards (as hereinafter defined) issued to Employees, as hereinafter defined, of the Participant or to Participant. City shall be responsible for all charges incurred prior to actual receipt by Wachovia Bank Card Services of such notification. Wachovia Bank Card Services is a card-issuing member of Visa USA, Inc. and Visa International and is qualified to issue charge cards to and establish charge card accounts for Departments and Employees of City and the Participants as herein set forth. City, by and through its designated Program Administrator, as hereinafter defined, may designate Departments and Employees, who are anticipated to incur expenses on behalf of City during the term of this Agreement through the use of Commercial Cards, as hereinafter defined, and Non- Plastic Accounts, as hereinafter defined, under this Agreement, and who are to receive charge cards issued in connection with the Commercial Card Program (the ATL_L~GAL\7168. "Commercial Cards"), by submitting a written list of such Departments and Employees (in a form specified by Wachovia Bank Card Services) to Wachovia Bank Card Services. If the Pro~ram Card Administrator designates any Departments and Employees pursuant to the immediately preceding sentence or otherwise, City hereby agrees to be bound by such designation. City shall have the right to make additions and changes to such list over the term of this Agreement. wachovia Bank Card Services reserves the right to conduct credit checks on City and the Participants with respect to the Commercial Card Program. City, on its own behalf and on behalf of the Participants, hereby consents to Wachovia Bank Card Services conducting credit checks on City and the Participants. Unless Wachovia Bank Card Services notifies City to the contrary, Wachovia Bank Card Services will issue Commercial Cards and Non-Plastic Account access to departments of City who are designated by City through the Program Administrator to receive them, without designation as to any specific employee, ("Departments") and persons who are designated by City through the Program Administrator to receive them ("Employees"). Departments and Employees who receive a Commercial Card or Non-Plastic Account access will be called "Cardholders" Unless Wachovia Bank Card Services notifies City to the contrary, or a Commercial Card has been terminated as provided herein, all Commercial Cards will be canceled upon termination of this Agreement. City, by and through its Program Administrator, may request that Wachovia Bank Card Services establish non-plastic accounts which will be used by Departments, Employees, City and the Participants to incur expenses for the purchase of goods and services (the "Non-Plastic Accounts) from persons or entities that provide such goods and services. These Non-Plastic Accounts are accounts for which plastic charge cards are not issued, rather an account number is assigned to each account and that number is used to access the account. In the event that Non-Plastic Account capability is established, all transactions initiated by City, the Participants or the Cardholders with such person or entity by virtue of such capability shall in all respects be billed directly to City and City will be liable directly to Wachovia Bank Card Services for all charges incurred by the use of the Non-Plastic Accounts. Wachovia Bank Card Services shall establish aggregate maximum dollar amounts limit of purchases and other charges which City and the Participants are authorized to make under the Commercial Card Program. This amount shall be the "City Overall Credit Limit," which is set forth in Addendum "A", attached hereto and incorporated herein by reference. City agrees that neither it nor the Participants will exceed in the aggregate the City Overall Credit Limit. Wachovia Bank Card Services does not have to honor any request for credit under the Commercial Card Program if City is in default under this Agreement, City's credit privileges under this Agreement have been suspended or terminated or such use would cause City or the Participants to exceed the City Overall Credit Limit. If Wachovia Bank Card Services honors requests for credit that cause City and the Participants to exceed the City Overall Credit Limit, Wachovia Bank Card Services will not lose any rights under this Agreement. If Wachovia Bank Card Services has previously honored requests for credit over the City Overall Credit Limit, it does not mean that Wachovia Bank Card Services will honor further requests. In its sole discretion, Wachovia Bank Card Services ATL_LEGAL\7168. 2 may increase or decrease the City Overall Credit Limit from time to time and may amend that portion of Addendum "A", attached hereto and incorporated herein by reference, to reflect such increase or decrease. City, by and through its Program Administrator, with the consent of Wachovia Bank Card Services, may establish maximum dollar amount limits of purchases and other charges under the Commercial Card Program with respect to any Cardholder and any Non-Plastic Account. Any changes requested by Program Administrator in Cardholder expenditure limits, transaction limits, purchase restrictions and Cardholder information will be effective by Wachovia Bank Card Services typically within one hour of receipt by the Client Service Representative assigned to City. Wachovia Bank Card Services shall use reasonable effort to enforce the limits established by City. City shall designate a Commercial Card Program Administrator (a "Program Administrator"). The duties and responsibilities of the Program Administrator shall be defined by City, communicated in writing to Wachovia Bank Card Services and agreed to by Wachovia Bank Card Services in its sole discretion. 3. FEES AND BILLING STRUCTURE Except as expressly provided to the contrary herein, City shall be liable for all purchases, card fees, and other charges incurred under the Commercial Card Program and this Agreement and arising by virtue of the use of the Commercial Card or the Non-Plastic Accounts, whether initiated by a Cardholder, City or any Participant. Wachovia Bank Card Services will send a periodic memo statement to each Cardholder. In addition, a periodic consolidated billing statement, with Cardholder and Non-Plastic Account transaction detail included, will be sent to City. The amount shown on any periodic consolidated billing statement, as "Total Payment Due" shall be payable by City to Wachovia Bank Card Services by the date identified on that periodic consolidated billing statement as the "Due Date" which shall be thirty (30) days from the cycle end date. The cycle end date shall be the last business day of the month. All payments must be in United States currency in immediately available funds. City may elect to make payment for all purchases, card fees, and other charges incurred or arising through the use of a Commercial Card or a Non-Plastic Account by wire transfer or by Automated Clearing House ("ACH") transfer, or City may authorize wachovia Bank Card Services to debit a City account at an affiliated bank of Wachovia Bank Card Services or at another City designated financial institution. Addendum "A," attached hereto and incorporated herein by reference sets forth the fees that shall apply to City, the Participants, and Cardholders. City and Wachovia Bank Card Services may agree, in writing, to a schedule of fees for other services, which are not included in this Agreement or Addendum "A", attached hereto and incorporated herein by reference. ATL_L,EGAL\716g. Rebates shall be provided by Wachovia Bank Card Services to City under the terms and conditions set forth in Addendum ~B," attached hereto and incorporated herein by reference. 4. LIABILITY City's Program Administrator shall notify Wachovia Bank Card Services immediately by telephone (with written confirmation), of the termination of employment or withdrawal from the Commercial Card Program of any Cardholder or of any lost or stolen Commercial Card. Upon the termination of employment of a Cardholder or withdrawal of a Cardholder from the Commercial Card Program, City shall use its best efforts to retrieve the Cardholder's Commercial Card and destroy said card. Provided City has notified WachoviaBank Card Services in writing or by facsimile immediately upon the withdrawal of a Cardholder from the Commercial Card Program or the termination of .employment of any Cardholder, or within twenty-four (24) hours after City learns or should have learned about the loss or theft of the Commercial Card, City shall not be liable for any purchase or other charge incurred or arising by virtue of the use of a Commercial Card issued to such Cardholder following receipt by wachovia Bank Card Services of such notice. City's liability for any purchase or other charge incurred prior to such notice to Wachovia Bank Card Services, whether due to use by someone other than the authorized Card_holder or fraud, or lost or stolen cards, shall be limited to the actual amount of such purchase or other charge or $50, whichever is less for individual cards. For department cards the City shall be liable as follows: (i) because the Commercial Cards are issued without any designation of the Employee who is authorized to use the Commercial Cards, even if the Commercial Cards are reported by Company to be lost or stolen within twenty four (24) hours in accordance with the terms of the Agreement, Company will be responsible for all charges incurred by the use of the Cards until Wachovia Bank Card Services receives such notice. Notwithstanding the foregoing, if Company reports the Commercial Card as lost or stolen within the requisite time period, Company's liability during the twenty-four (24) hour period will not exceed the maximum dollar amount limit of the Commercial Card that has been reported lost or stolen; (ii) an authorization for a transaction using a Commercial Card issued only in the Company name does not guaranty the transaction and Company must pursue the collection of any charge incurred as a result of transactions using that Commercial Card after Company has paid Wachovia Bank Card Services for the charge. In no event shall City be liable for any purchase or other charge incurred or arising by virtue of the use of a Commercial Card issued to a Cardholder that exceeds the transaction dollar limit established by the Program Administrator, that has not been duly authorized. Except-as specifically stated in Section 2 of this Agreement or this Section 4, City shall be liable for all indebtedness incurred under this Agreement by use of the Commercial Card or Non-Plastic Accounts, plus all related charges, whether or not such use or the incurring of such indebtedness was authorized. ATL_LEGAL\7168. 4 Based upon Visa's Merchant Category Codes ("MCC") and as agreed to by City or a Participant, Wachovia Bank Card Services shall use its reasonable efforts to establish charge authorization procedures in order to cause certain transactions to be refused or denied. It is expressly understood by City that the MCC's may not precisely define a particular business at which City wishes transactions to be refused or denied. 5. DISPUTED BILLINGS Disputes regarding charges or billings hereunder shall be communicated in writing to Wachovia Bank Card Services at the address set forth in Section 9, of this Agreement. Wachovia Bank Card Services shall, upon receipt of written correspondence from City, the Participants, the Program Administrator or a Cardholder concerning a possible billing error, initiate a provisional chargeback to the appropriate accounts. Correspondence must include the City's; the Cardholder's and the Participants' names and account number the dollar amount of any dispute or suspected error, the reference number and a description of the dispute or error. Any correspondence regarding a dispute or suspected error must be received by Wachovia Bank Card Services within sixty (60) days of the "Billing Date" shown on the periodic consolidated billing statement on which the disputed or incorrect charge first appeared. Wachovia Bank Card Services shall resolve all documented disputes within ninety (90) days of the date of receipt of such correspondence. Disputes include, but are not limited to, failure to receive goods or services charged, fraud, forgery, altered charges and charges incurred by telephone order where the authenticity of the charge is in question, incorrect transaction amounts, duplicate processing by a provider or failure of a provider of goods or services to process a credit upon request. This Section 5 does not apply to any dispute with a supplier by Cardholders, City or the Participants relating to the quality of the goods or services that are accepted by Cardholders, City or the Participants and all such disputes must be resolved by Cardholders, City or the Participants with the supplier. 6. Visa PURCHASING LIABILITY WAIVER PROGRAM Wachovia Bank Card Services agrees to waive City's liability for waivable charges up to the limit of coverage as provided in the Visa Purchasing Liability Waiver Program (the "Waiver Program") according to the terms, subject to the exclusions, and on the conditions of the Waiver Program as established from time to time by the underwriters of the Waiver Program, including, but not limited to, the condition that City meets all of its obligations under the Waiver Program as currently and from time to time established and set forth in the Visa Purchasing Liability Waiver policy issued to Visa U.S.A., Inc. Provisions of the policy as currently in effect have been provided to City in the client brochure that is attached hereto as Addendum C and incorporated by reference. City understands that Wachovia Bank Card Services may terminate this provision and the Waiver Program at any time, such termination to be effective upon notice to City. ATL_I..EGAL\7168. 7. CAS~{ ADVANCES NO cash advances shall be a'uthDrized or allowed under this Agreement. 8. DELINQUENCY Each time the amount shown on the periodic consolidated billing statement as "Total Payment Due," less any disputed amounts, has not been paid by City to Wachovia Bank Card Services by the "Due Date" shown on the periodic consolidated billing statement, City shall pay a late payment charge in an amount equal to the greater of $250 or one percent (1%) of any such delinquent amount. 9. NOTICE AND COMbKJNICATION Ail notices, requests and other communications provided for hereunder must be directed to the other party to this Agreement at the respective addresses indicated below and, unless otherwise specified herein, must be in writing, postage prepaid or hand delivered or delivered by facsimile. Either party to this Agreement may, by written notice to the other, change its address provided below. WACHOVIA BANK CARD SERVICES Three Piedmont Center, 4th Floor 3565 Piedmont Road Atlanta, Georgia 30305 Attn: Ingrid A. Kelly Telephone: 404-842-4825 Facsimile: 404-842-4824 CITY OF ROANOKE 464 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1595 Attn: Darlene Burcham, City Manager Telephone: Facsimile: And Attn: Ann Shawver, Telephone: Facsimile: 10. AUTOMATION AND INFORMATION MANAGEMENT Wachovia Bank Card Services will provide City a choice of one of the following at no cost to the City: 1) with access to data electronically through Electronic Data Interchange (EDI), 2) when Wachovia Bank Card Services releases its Internet product, which will, among other things, provide access ATL_LEGAL\7 ! 6 to statements, such product will be available for City use at no cost to City and 3) Wachovia Bank Card Service's software reporting package, Tracer, will be provided to City at no cost to City. Tracer facilitates the creation of export reports or flat files to other applications for use in general ledger interface, documents, presentations, or e-mail. Tracer allows City to flag merchants as 1099 preferred providers. Ail information that the merchant passes will be passed to City. Wachovia Bank Card Service's software will provide City with access to its 1099 data for reporting purposes. Wachovia Bank Card Services also does a Visa match with the City's vendors within Tracer to identify and report City's 1099 merchant spend. Except as otherwise required by applicable law, Wachovia Bank Card Services agrees that it will maintain all data relative to City's account under the Commercial Card Program as confidential information. Wachovia Bank Card Services agrees to use such data exclusively for the providing of services to City and the Participants hereunder and, except as otherwise required by applicable law, not to release such information to any other person or entity; provided, however, that Wachovia Bank Card Services may collect, maintain and, at its option, disseminate information and data concerning charge activity which does not contain any direct or indirect identification of City, the Participants or Cardholders. 11. PROPRIETARY INFORbiATION Wachovia Bank Card Services considers the Commercial Card Program to be a unique service involving proprietary information of Wachovia Bank Card Services. City agrees that Commercial Card Program reports, manuals, documentation and related materials will be circulated only to the extent necessary to those persons or entities who must review such materials in connection with City's, the Participants' and Cardholders participation in the Commercial Card Program, except as otherwise required by law. City agrees to take all reasonable steps to safeguard such materials and not to release such materials to any person or entity not essential to participation in the Commercial Card Program as herein described, except as otherwise required by law. City agrees to return all material related to the Commercial Card Program to Wachovia Bank Card Services at the termination of this A~reement. This Section 11 shall survive the termination of this Agreement. Wachovia Bank Card Services acknowledges that City is subject to The Virginia Freedom of Information Act as from time-to-time amended, that may require City to disclose information considered ~proprietary" by Wachovia Bank Card Services. Wachovia Bank Card Services agrees that City may disclose any information regarding the Commercial Card Program if City in its sole discretion deems such disclosure required under The Virginia Freedom of Information Act. ATL_LEG, AL\7168. 12. TERMINATION D/gD SUSPENSION This Agreement shall remain in full force and effect for an initial term of one (1) year from the date of this Agreement with the option to renew for two (2) additional one (1) year terms provided both parties agree, in writing, to do so. This Agreement may be terminated by either City or Wachovia Bank Card Services upon ninety- (90) days' prior written notice to the other party to this Agreement. All Commercial Cards and Non-Plastic Accounts shall be deemed canceled effective upon termination of this Agreement. In the event City terminates this Agreement in the manner set forth above during the initial term of this Agreement, City shall pay the amount set forth in Addendum ~A" as the Early Termination Fee. Notwithstanding the foregoing, City shall have the right to terminate this Agreement immediately, by written notice of such termination to Wachovia Bank Card Services, upon any one or more of the following events: (a) Dissolution or liquidation of Wachovia Bank Card Services; (b) Insolvency of Wachovia Bank Card Services or the filing of a bankruptcy or insolvency proceeding, the appointment of a receiver or trustee for benefit of creditors, or Wachovia Bank Card Services enters into an arrangement with its creditors; (c) Any failure of Wachovia Bank Card Services to perform a material obligation under this Agreement; or (d) Any representation or warranty made by Wachovia Bank Card Services in connection with this Agreement shall contain any inaccuracy, misrepresentation, or false statement or shall omit to set forth any information that is material to the completeness or accuracy of same. Wachovia Bank Card Services shall have the right to terminate this Agreement immediately, by written notice of such termination to City, upon any one or more of the following events: (a) Dissolution or liquidation of City or any Participant; (b) Insolvency of City or any Participant or the filing of a bankruptcy or insolvency proceeding, the appointment of a receiver or trustee for benefit of creditors, or City or any Participant enters into an arrangement with its creditors; (c) Any material adverse change in the financial condition of City or any Participant; (d) Any failure of City to pay any amount when due hereunder or to perform a material obligation under this Agreement; ATL_LEGAL\7168. (e) Any of the information, representations, warranties, data, exhibits or other material submitted to Wachovia Bank Card services by City or any Participant in connection with this Agreement shall contain any inaccuracy, misrepresentation or false statement or shall omit to set forth any information that is material to the completeness or accuracy of same; (f) A default in or nonperformance of any financial obligation of City or any Participant by City or any Participant to any person or entity, which is material in the opinion of Wachovia Bank Card Services, or causes an acceleration of the maturity of such obligation of City or any Participant to any person or entity. Wachovia Bank Card Services shall also have the right to suspend all services and obligations on its part under this Agreement in the event that the total dollar amount charged by City and the Participants as the result of purchases and other charges, in the aggregate, exceeds the City Overall Credit Limit. Upon termination of this Agreement for any reason, Wachovia Bank Card Services may terminate all services hereunder and City shall instruct all Cardholders to return all Commercial Cards, cut in half, to either City or the Participants, and City and the Participants shall thereafter be responsible for returning all Commercial Cards to Wachovia Bank Card Services. City shall remain liable for all purchases, card fees, cash advances and other charges incurred or arising by virtue of the use of a Commercial Card or a Non-Plastic Account and under this Agreement prior to or after the termination of this Agreement. Upon termination of this Agreement, City shall immediately pay all amounts due and owing hereunder. Thereafter, any amount for which City has been billed, but as yet has not paid within a required time period, shall accrue interest at a rate per annum equal to the "Prime Rate," as hereinafter defined, plus 2%, adjusted for any changes in the Prime Rate as of the day such Prime Rate changes. Interest shall be calculated on the basis of a 360-day year for the actual number of days any amount remains outstanding. For purposes of this paragraph, the "Prime Rate" means the highest United States Prime Rate as published under the "Money Rates" subsection of The Wall Street Journal. This paragraph shall survive the termination of this Agreement. Obligations and liabilities of the City and the Participants which arise prior to the termination of this Agreement shall survive the termination of this Agreement. ATL_LF_X)AL\7 [ 65. 13. INDEMNIFICATION City shall indemnify and hold harmless Wachovia Bank Card Services, its affiliates, and any officer, director, employee, agent and representative of Wachovia Bank Card Services or such affiliates (collectively, the "Indemnified Parties") for, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including, without limitation, reasonable attorneys' fees and disbursements) and disbursements of any kind and nature whatsoever which may be imposed on, incurred by or asserted against an Indemnified Party because of any and all acts of omission or commission by City, its officers, agents or employees in any way relating to or arising out of this Agreement or the Commercial Card Program or other documents contemplated by or referred to herein or the transactions contemplated hereby or the enforcement of any of the terms hereof or any such other documents; provided, however, City shall not be liable for any of the foregoing to the extent they arise from the negligence, gross negligence or willful misconduct of such Indemnified Party. Wachovia Bank Card Services acknowledges and agrees that the above indemnification provisions apply only to the extent that City's not entitled to sovereign immunity under the statutory and case law of the Commonwealth of Virginia and that City does not waive and specifically preserves its sovereign immunity. It is further agreed that the above indemnification provisions apply only to the extent that the Indemnified Parties give notice of any claim as required by the law of the Commonwealth of Virginia. Wachovia Bank Card Services hereby agrees to indemnify and hold harmless City and its officers, agents, employees and volunteers, from any and all claims for bodily and personal injuries, deaths, property damage and clean up costs, including cost of investigation, all expenses of litigation, including attorneys fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission by the Wachovia Bank Card Services, its agents, servants, employees, volunteers or subcontractors, arising in any way out of and/or connected with the performance of this Agreement. 14. LIMITATION OF DAMAGES EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, IN NO EVEAVf SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES OF ANY NATURE. 15. CHARGES MADE IN .FOREIGN CURRENCIES. City understands ~3ha~'i~if City, a Participant or a Cardholder incurs a charge for goods or ser~i'c%~' under this Agreement in a currency other than U.S. dollars, the chapel"will be converted into a U.S. dollar amount by Visa International uBi~ the procedures established by Visa International in effect at the time the itransaction is processed. City understands that those procedures currently provide for either a wholesale market rate or a government-mandated rate in effect one day prior to the transaction processing ATL_LEGAL\7168. 10 date, increased by one percent (1%). City also understands that because of fluctuations in foreign exchange .rates, the conversion rate in effect on the transaction processing date may differ from the rate on the actual transaction date or on the date the transactiOn is posted. 16. WARRANTIES City represents and warrants that: (a) It is a municipal corporation of the Commonwealth of Virginia and that it is duly organized, validly existing and in good standing under the laws of the Commonwealth of Virginia. (b) (¢) This Agreement constitutes a valid, binding and enforceable agreement of City; The execution and delivery of this Agreement by City and the performance of City's obligations under this Agreement are within City's powers; have been authorized by all necessary actions on the part of City, including approval by City Council; and do not constitute a breach of any agreement of City with any person or entity; (d) The execution and delivery of this Agreement and the performance of City's obligations under this Agreement will not cause a breach by City of any duty arising in law or equity; (e) City possesses the financial capacity to perform all of its obligations under this Agreement; and (f) The Commercial Card Program will be used by City, the Participants and Cardholders solely for business p~rposes and not for personal, family or household purposes. Wachovia Bank Card Services represents and warrants that: (a) This Agreement constitutes a valid, binding and enforceable agreement of Wachovia Bank Card Services; and (b) The execution and delivery of this Agreement by Wachovia Bank Card Services and the performance of Wachovia Bank Card Services' obligations under this Agreement are within Wachovia Bank Card Services' powers; and have been authorized by all necessary action on the part of Wachovia Bank Card Services. The parties agree that the failure of any of the above representations and warranties to be true during the term of this Agreement shall constitute a material breach of this Agreement. ATL_LEGAL\716g. 1! 17. FINANCIAL INFORMATION City shall deliver to Wachovia Bank Card Services, within thirty (30) days of receipt by City, City's and the Participants' audited financial statements for the fiscal year prepared by independent certified public accountants selected by City or the Participants, as the case may be. City further agrees to provide to Wachovia Bank Card Services, from time to time, such other information regarding the financial condition of City and the Participants as Wachovia Bank Card Services may reasonably request, including, without limitation, all filings, if any, made with the Securities and Exchange Commission. Financial statements given to Affiliates of Wachovia Bank may be shared with Wachovia Bank Card Services and the provisions of such statements to Affiliates will be deemed to satisfy the requirements of this section. 18. CARD FORMAT DESIGN Wachovia Bank Card Services shall provide a card designed for use by City and, at a minimum, shall include the following (as space allows): (a) The name of the City of Roanoke on the face of the card, a logo or other distinct feature chosen by City, and any .other distinct feature that Wachovia Bank Card Services may choose to use, with City's approval. (b) The phrase ~FOR OFFICIAL USE ONLY" shall be printed on the face. (c) The phrase "TAX EXEMPT" shall be embossed on the face. (d) Wachovia Bank Card Services' toll free ~help" telephone number shall be printed on the back. There shall be no references to Automated Teller Machines (ATMs) included on the card. 19. CUSTOMER SUPPORT Wachovia Bank Card Services shall provide customer support to City. support includes, but is not limited to, the following features: This (a) Toll free telephone card assistance number(s) and a toll free telephone number to report lost or stolen cards; and (b) Assignment by Wachovia Bank Card Services of a dedicated Implementation Analyst, Client Manager and Client Service Representative to City account. Wachovia Bank Card Services' Client Service Representative will be responsible for general and daily program and cardholder control maintenance, such as account and hierarchy set-up, changes to credit limits, addition or deletion of Cardholders and the like. Wachovia Bank Card ATL_LEGAL'~7168. 12 Services' Client Manager will provide strategic program design, and development and direction upon completion of the Implementation Phase, throughout the life of this Agreement. The Client Manager will serves as City's first point of contact for any program issues. 20. IMPLEMENTATION/kND TP~AINING Wachovia Bank Card Services shall provide an Implementation Analyst, who will conduct on-site "gap" analyses of City's current systems and processes. Additionally, he/she will coordinate the overall Purchasing Card program implementation, including installation and training on Tracer, Merchant Category Code mapping (if necessary), and the integration of City's Purchasing Card data with its general ledger and accounting systems and processes. As part'of the implementation process, Wachovia Bank Card Services will provide City with a formal implementation workbook. Wachovia Bank Card Services shall provide initial training to City's Purchasing and Finance staff and assistance with any follow-up training, within reason, as needed at no additional cost. The training shall be provided based on the needs of each department, or agency. The purpose of this training is to: (a) Make the Employees aware of the Program's benefits and features; (b) Explain billing procedures to Employees, as well as the financial responsibilities and past due account procedures; and (c) Enable the City's Implementation Team to identify desired reports to City's Purchasing Department/Accounts Payable upon request. 21. REGISTERED MJkRKS AND TRADEMARKS City, the Participants and Wachovia Bank Card Services recognize that they have no right, title or interest, propriety or otherwise, in or to the name or any logo, copyright, service mark or trademark owned or licensed by any other party to this Agreement. City, the Participants and Wachovia Bank Card Services agree that, without prior written consent of the other party to this Agreement, they will not use the name or any name, logo, copyright, service mark or trademark owned or licensed by the other party to this Agreement. 22. MODIFICATION OR AMENDMENT Except as expressly set forth in this Agreement, this Agreement may not be modified or amended, and no provision contained in it may be waived, except in writing and signed by authorized representatives of both City and Wachovia Bank Card Services with specific reference to this Agreement. ATL_LEGAL\7168. 13 23. EMPLOYMENT OF AGENTS Wachovia Bank Card Services may in its sole discretion employ agents or representatives to perform part or all of its obligations under this Agreement at any time without the consent of City, any Participant or any Cardholder; provided, however, that such action shall not affect its obligations to City hereunder or City's and the Participants' obligations to Wachovia Bank Card Services hereunder. 24. EMPLOYMENT DISCRIMINATION During the performance of this Agreement Wachovia Bank Card Services agrees as follows: (a) (b) Wachovia Bank Card Services will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. Wachovia Bank Card Services agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause; Wachovia Bank Card Services, in all solicitations or advertisements for employees placed by or on behalf of Wachovia Bank Card Services, will state that Wachovia Bank Card Services is an equal employment opportunity employer; (c) (d) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section regarding notices, advertisements and solicitations; and wachovia Bank Card Services will include the provisions of the foregoing subparagraphs a, b and c in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. 25. DRUG-FREE WORKPLACE During the performance of this Agreement Wachovia Bank Card Services agrees as follows: ATL_LEGAL\7168. 14 (c) (d) It will provide a drug-free workplace for its employees; It will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; It will state in all solicitations or advertisements for employees placed by or on behalf of Wachovia Bank Card Services that it maintains a drug-free workplace; and It will include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with this Agreement. 26. SEVERABILITY Should any provision of this Agreement be declared invalid for any reason, such decision shall not affect the validity of any other provisions of this Agreement, which other provisions shall remain in full force and effect as if this Agreement has been executed with the invalid provision eliminated, and it is hereby declared the intention of the parties to this Agreement that they would have executed the other provisions of this Agreement without including therein any such provision which may for any reason be hereafter declared invalid. 27. NON-WAIVER The failure of Wachovia Bank Card Services or City to exercise any right, power or option arising under this Agreement, or to insist upon strict compliance with the terms of this Agreement shall not constitute a waiver of the terms and conditions of this Agreement with respect to any other or. subsequent breach thereof, nor a waiver by Wachovia Bank Card Services or City of its rights at any time thereafter to require exact and strict compliance with all of the terms hereof. 28. SURVIVABILITY OF PAYMENT OBLIGATIONS, RIGHTS AND REMEDIES The obligation of City to make payments, as herein set forth shall continue until fully performed. Any rights and remedies City or Wachovia Bank Card Services may have with respect to each other arising out of either party's performance of services or obligations hereunder shall survive the termination of this Agreement. AT~._LEGAL\7168. 15 29. FORCE MAJEURE Each party is excused from performance and shall not be liable to the other party for any delay, in whole or in part, caused by the occurrence of any matter, thing or contingency whatsoever beyond the control of Wachovia Bank Card Services, including, but not limited to, work stoppages, fires, civil disobedience, riots, rebellions, accidents, explosions, floods, storms, power failures, computer or operational related problems, Acts of God and similar occurrences. 30. GOVEP~NING LAW This Agreement and the validity, interpretation and performance of this Agreement shall be controlled by, and construed under, the laws of the Commonwealth of Virginia (without giving effect to the conflict of law principles thereof) and by applicable federal law. This Agreement was accepted by Wachovia Bank Card Services in the State of Delaware. 31. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any prior agreements, representations, statements, negotiations or undertakings dealing with the subject matter of this Agreement are superseded hereby. 32. BINDING EFFECT AND ASSIGNMENT This Agreement shall be binding upon and inure to the benefit of the parties hereto their respective successors and assigns; provided, however, that this Agreement may not be assigned by City without the prior written approval of Wachovia Bank Card Services. 33. HEADINGS The headings of the sections of this Agreement are intended for the convenience of the parties to this Agreement only and shall in no way be held to explain, modify, amplify or aid in the interpretation of the provisions hereof. 34. COUNTERPARTS This Agreement may be executed in counterparts; all of which together shall constitute one agreement binding on all parties hereto, notwithstanding that all such parties are not signatories to the original or same counterpart. ATL_LEGAL\7168. 16 IN WITNESS WHEREOF, the parties hereto have, by their duly authorized representatives, executed this Agreement as of the day and year first above written. WITNESS: THE FIRST NATIONAL BAI~K OF ATLANTA d/b/a WACHOVIA BANK CARD SERVICES By: Ingrid A. Kelly Vice President ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk ) By: Name: Title: Approved as to Form: Approved as to Execution: City Attorney City Attorney ATL_LEGAL\716g. 17 FsGs Asso~i=_ted Charges Annual Card Fee Transaction Fee Card Issuance Fee Replacement Cmrd Fee Repeat Issuance Card Fee Waived Waived Waived Waived Waived Cardhotder Maintenance Fee Overnight and 3 Day Card Mailing Cash Advence, if applicable Late Fee Late Fee (individual Pay) Emergency Over limit Fee NSF Fee NSF Fee (Individual Pay) WaNed $25.001520.00 4% of Cash Advance Amount ($5.00 min.) 1% of Total Past Due Amount ($250.00 min.) .25% of Total Past Due Amount ($24.00 min.) $25.00 $100.00 $3S.00 Training Travel and Meal Expenses Waived WaNed PC LAN Waived Waived Initial Software License Fee Waived Waived Software Fee $1,000 $3,180 Additional Software Copies Waived Waived Instella§on fee Waived Waived Monthly Maintenance Waived Interest Access or EDI Data File Each Individual Report (per month) Set of five (5) Reports (per month) Waived Waived Termina~on Fee $1,000 + travel expenses Waived Standard WaNed Customize Logo Varies according to design Customized Design Monthly Company Billing Last Business Day of the Month 30 Days Settlement Days ACH Dabit or EFT Payment Method $1,$00,000 Company Overall Credit Pricing Assumptions: Pricing is based on potential volumes provided in RFP #00-10-39, which --' .... appmximstely 90+ cards for Pumhssing cards and annual spend of $12MM+ and a Travel Program of 60+ cards and annual spend of $800K+. Pricing does take into account a 18-24 month ramp up period. City of Roanoke, Virginia Purchasing & Travel (One) Card Rebate Matrix Addendum "B" Average Annual Program Spend 5 Day 15 Day 30 Day Settlement Settlement Settlement Rebate Rebate Rebate (basis points) (basis points) (basis points) $3,000,000 40 30 20 $5,000,000 55 50 40 $10,000,000 65 60 50 $15,000,000 70 65 55 $20,000,000 75 65 55 $25,000,000+ 80 70 60 This rebate is stated in basis points and will be derived from the schedule above using the program average annual spend as the determining factor for the percentage to be applied to the Annual Net Spend Volume.* The rebate will be determined not less frequently than annually and is subject to the following conditions. City's rebate is capped at 80 basis points at 5-day settlement, at 70 basis points for 15-day settlement and 60 at 30-day settlement. In order to earn a rebate the total annual (12 months) net purchase volume must be at least $3,000,000 (including Purchasing Cards, and Non-Plastic Accounts). The average spend per card must be at least $15,000 annually. This rebate matrix is valid for the term of this Agreement and is subject to the continuation by the card associations (Visa/MasterCard) of their current interchange schedules for commercial cards. This rebate has been provided based on the potential volumes provided in the City's RFP #00-10- 39, which states approximately 90+ cards for Purchasing and an annual spend of $12 MM+. In addition to a Travel Program of 60+ cards and an annual spend of $800K for a combined One- Card program. Rebate does take into account a 18-24 month ramp up period. Rebates are released within 60 days from the end of a 12-month period, on an annual basis, based on the anniversary date of this Agreement. Receipt of rebate is contingent upon Wachovia Bank Card Services receiving City's monthly payments in the terms agreed upon and within the parameters stated above. * Net spend shall mean the aggregate amount of individual transactions posted to Accounts during an a 12-month period; net any losses, net the aggregate amount of all refunds to Accounts, such as credits for returned merchandise or disputed billing items, but shall not include those amounts representing any fees or charges posted to Accounts or to City (such fees to include, and not limited to, and late fees. 1/19/01 Visa' UabiUty Waiver Program Another way Visa gives you security ?l,c tSsa" l, iahih(y ~$tiver Program i.* om' o['the most vahmhlc core benqfits of Visa Businem Vi¢a ( b~pomte, aod Vi*a l'urchasing card¢ qffbring the m'urity and cm,erage yo, need to do busine, with complete cm!fidem'e. Il,i, program protects you against eligible losses that might be incurred through card misuse 0 a terminated empl(~yee. While cardholder misuse is rare, Visa has recognized that it does occw: That is why Visa continues to qffbr this program, which waives certain eligible charges when an employee misuses Visa Business, Vi¢a Corporate, or Visa Purchasing card privileges. Vi,,t l, mbi/i(¥ Waiver 15'agrant Bcnqfiu 1~ Automatic enrollment ~ No deductible and no ex~a cost ~ No maximum cap per company ~ (3verage up w $5,000per cardholder if you have two to,ur valid cardhoMers ~ Cbtzragr up to $15, 000 per cardholder ~ you have.five or more vahd ,~trdhoMen ~ Cbverage~r cash advances, o~ce, and ~ Simp&dc~improcedures As you read through the re~t ef thit brochure, you'll find an~m,ers to the most commonly asked questions about the pro, am. ~(you have a~ fi~rther questions, please conma .your Visa representative at your financial institution. What is the Visa Liability Waiver Program? A company ("(~ompanv") dmt has established a Visa (~,~nmcrcial (~ard account ("Accom~t"l with a Vi~t (~ommcrcial (;ard issuing Mcmlx-r CFmancial h~sdtution") may request tha~ tl~c Financial Institution waive the ( bmpany's liability tbr terrain charges m accordance with thc Vi~ ( bmmercial Card Liabili~ Waiver ['rogram ("Program"). Visa h~ arranO inmrance coverage to provide paynrem to the Financial Insdmtkm fi~r covered Io~c5 and will administer the Pngram. The Fin~ci~ Institution may waive the (~mpany~ liabili~ for waivable char~ up to $15,(~ ~r Vi~ (~mmerdal (~rd ~rdholder and ~ reimbu~ by the Pr%mm Unde~iter ("p~ Un&~irer") provid~ ~th the Fin~cifl Institution and the (~mp~y have ~tisfi~ ~l Pr~ obli~tions. ~ "Financial Institution" shall me~ the ~sa Mem~r which i~ues Vi~ ~mmetcial Card Accounts to the Company for use by designated employees. ~ "C~mpanf sh~l m~n a colorlon, pa.nenhip, sole proprietonhip, or any other enti~ which h~ sign~ a ~mmercifl ~rd Account agr~ment with a Financial Institution and sub~quendy i~u~ ~mmercial Card Accounts for use by ~rsons designat~ by the ~mpany. ~ "~rdholded' m~ns a ~non d=ignat~ by the ~mpany who is authori~d by the ~mpany to um the Vi~ ~mmereial Card Account for Company busings pur~ses only. ~ "Charges" shall mean all amounts, including ~h disbursements, charged m the Companfs Commercial Card Account with the Financial Institution. ~ '%~davit of Waiver" shall mean a written ~u~t or claim form sent from the Company requmting the Financial Institution to waive the Compan~s charg~ in accordance with the terms and conditions of this Program. ~ "Billed" or "Unbilled" with rm~ct to any Charge shall ~ b~d u~n the date of the Financi~ Institution~ statement, ~ "Notifi~tion of %rmination" of the CaMholder's employment shill mean the date the ~rdholder ~vm or r~eives orfl or written notice of immediate or ~nding termination, or the date the ~holder I~ves the Companfs ~ice, which~er is ~rlier. What are Waivable Charges? "Waivabb (~harges" shall mean (Tharges iucurrcd by a (:ardholdcr, or other autlmrizcd person whicb: ~ do not bcncfit thc (:ompany direcdy or indirc~ dy. or in cases where the Financial Inmunion bills thc Cardholder, bcnclh d~c (~ompany dirccdy or mtlirecdy, and the Company has wimburscd the Catdbolder but the Can{holder has not paid the Finandal Jnstinuion; and ~ (i) are Billed within s~enW-five (75) days preceding Notification of Termination. or (ii) are incurred but Unbi[led as of Notifi~tion of 'l~rminadon, or (iii) am incurr~ up to fourt~n (14) dap after Notifiotion of]~rmination; provided, howler, that the Financial Institution h~ receiv~ a request to ~ncel the Ca,holder Account within ~o (2) busin~ ~ys of Notifiotion of Termination. There will ~ no ~ver~e after Notifiotion of Termination, as defined, unl~ notice to once{ the Cardholder Account is receiv~ by the Financial Institution within ~o (2) busin~ days: and ~ are the ~nsibiliw of the Company and/or Ca,holder for payment to the Financial lnstitutiun. What are not Waivable Charges? The following are not Waivable Charges and are not covered by the policy: ~,- Charges made by partners, owners, or principal share- holders who own more than five percent (5%) of the Company's outstanding shares, elected directors, or persons who are n, ot employees of the Company. ~- Interest or fees imposed by the Financial Institution on outstanding unpaid charges. ~' In cases where the Financial Institution invoices the Cardholder, any amount on a check submitted by a Cardholder which is not paid by the Cardholder's drawee financial institution as not so~cient funds or duc to a closed atcoum, it thc (:ardhohlcr has, within dw last iwelvc (12) months, mbnlittcd aTly o~hcr check to thc Fmaucial Institution which ~as mn paid in full by the ( :atdhoh{cr'~ drawee financbl mmmdon a~ nm ~ol]~tit'm ILmd% ()r thlC lo a tlo~cd ,ittOklDl. (]urgc~ mt urred m pLirt hasc g,.)tlx nr ~cr~itcs fi)r [ ( :mnpany or thr d~c pcrmns od~cr dl.m ibc (:.~rdholdcr accordance with company polio% ff those goods or services arc ol thc ~pe which arc rcgnlarly purd~ascd by or fur the (:ompany. Huwevec theses charges wouhl be Waivable in cases where thc Financial Institution bills thc Cardholdet, and the (~mpany has reimbursed thc Cardholden but the Cardholder has not paid the Financial lnsdtntion. ~ Charges incurr~ by the C~rdholdcr aRer Nmifi~tion of'l~rmination unle~ the Financial Institu6on receives a request ~rom the Company to cancel the Acconnt within ~o (2) bnsine~ days of Notifi~tion of Termination. If ~ncellation of the Account is r~eiv~ by the Financial Institution within ~o (2) busine~ da~, then coverage will ~ affo~ed fourteen (14) days from Notification of Termination, but not ~yond. ~ Cha~ in~r~ by the ~rdhoi&r mo~ than foun~n (I 4) da~ ~cr Notifi~tion o~%rmination or billed ~rliet than ~en~-five (75) da~ prior to Notifi~tion o~Tcrminafion. ~ Charg~ r~uhing from either a Ios~ ot stolen Commcrdal (~aM ot bankrupt t)4insolvency (ff thc (~)mpany. ~ (i) Charges in excc~ of $ I 5,O(H) for cacl] ( :oMb(alder ~rom Companies wi~h five (5) or more valid (:ardholdcr (ii) Charges in excess of $5,000 fur each (:atdholdct from Companies with ~o (2) to fimr (4) valid CaMholder Acconms. ~ ~sh advances, a~er Nofifi~tion of Termination, shall ~ ~imired to $300 ~r day, or a maximum o( $ 1,000 which~er is ~ Cha~ incurr~ by a ~rdholder aEer discove~ by the ~mpany of any ~raudulent or dishonor act on the pan of the Cardhol&r. ~/h;. :let. my ¢ iomPa..v's Ihc ( '-ml,.mv must rcqucq d~:lf Iht I.,tm.iof~ ~:m~cl thc A~o,m~ within ~w~ d:,v~ will cx~ h.l.- ~ ovcr.~c for ..y ( 'har~cs im'urrcd ;dtc-r N~lil~t:ltion of 'lk. rminado.. d~c ( ~,rdholdct 4.mid immcdi;m'ly ;dl .~c ~t ~hc A~ tmmk that d~e ( :;mll.,Idcr Iht ~ 'mup~mv ,m..~ sc,ul ;~ ~m-I,Icu'd ~md .i~ned Vk;~ Alt~d~x h ol ~(~ivc, ~ I;,m h,rm w,h ~dl All tl~im dm m.c.t~ m.s~ bc tilcd ~hh dw / ~mlcrwmcr widm~ one humlrcd eighty ( I ~(1) I I.. ( m.p;~-y sh;dl pr. mpdv ~ive we:nc, notice d.' I:in;mci;ll Insmmion m t;iscs where ~llc I:inanci~l I,~6.,6~m i.vokes du' ( t;mth~dtlt'r, if'thc ( k.,,w, m sho.hl know d~;. * C;.dh.ld~r is r~'eivi.~ ~hcn are the Charl~ wai~ed? ~- t Ii~.: rotc:pi (Jr' Illc Aflklavh of ~{:ivcr d::im f~:rm :ml vt.rillcamm that ~hc ( :h:ir~cs ;m' l:i,::m Ltl l,:qi:u:i.n will w::i,'e ,l:c ~ 'Ih:' Fin~mci.d I.miu:Gon will d.'. die. d:im wi:h ..(l~.-f ol ~{,v:d~lc ( 'har~'s will Ix' In~6umon Iilc~ .hh ,he J:r,,~r,inl [ TiltJc.r~'rltt'r. Other Insurance ,. w,.lld h:. tbr Iht' cxistcm tl :'~. d:is I.,lity. I~' ilisllrt'd by ex'e:: (I.. cx, t'cdinE alu' lin, ts of ~his a...m: whith would h;Ivc d~crc.mlcr had this l~r~r;In~ llot ~'cn in ctTccL Sample Account Cancellation Request To con:ply with the Visa Liability Waiver Program obligations, you will need to send your Visa card-issuing Financial Institution a letter requesting cancellation of the Cardbolder Account. This letter must be sent within two (2) business days of Notification of q~rmination (see Definition #7). The sample letter below is intended tbr your use in order to satisfy this requirement. Send this written request by mail or t~x immediately after wm become aware ora Cardholder's Notification of'l~:~ mmation. Sample Employee Account Cancellation Notification Letter As an employer participating in the Visa Liability Waiver Program, one of your obligations under the I~rogram is to quickly notify former employees iu writing that their Cardholdes Account has been cancelled and they no longer have the right to use it and they must pay offany outstanding balance immediately. The sample letter below is intended for your usc in order to satisfy this requil'ement. Yon can send this information by mail or fax. Make sure m retain a copy of the notification message you send to the employee, s nee you will need to attach it to your Affidavit of Waiver claim form if you should have to file a cia m. Sample Affidavit of Walver Claim Form To request a waiver of Charges, you must complete the Company section of the Affidavit of Waiver claim form, sign it, and submit it to the card-issuing Financial Institution. For mo~e information or to request a complete Visa Liability Waiver Program Client Kit, At, davit of Waiver Claim Form or Program Oudine, please contact your Visa-issuing Financial Institution. 8 ? CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #467 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35201-020501, authorizing execution of an agreement between the Roanoke City School Board and the City of Roanoke, allowing the City to operate a fitness center at the Jackson Middle School for use by the general public, upon certain terms and conditions. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Dr. E. Wayne Harris, Superintendent, Roanoke City P~blic Schools James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Community Development Wanda B. Reed, Acting Director, Parks and Recreation N:\CKSHl~Agendas 2001',Corresp Feb 5 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35201-020501. A RESOLUTION authorizing the City Manager to execute an agreement between the Roanoke City School Board and the City of Roanoke, allowing the City to operate a 'fitness center at the Jackson Middle School for use by the general public, 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 hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement between the Roanoke City School Board and the City of Roanoke, approved as to form by the City Attorney, allowing the City of Roanoke to operate a fitness center in specified areas at the Jackson Middle School for use by the general public, all of which shall be upon the terms and conditions as more particularly set forth in the City Manager's letter dated February 5, 2001, to this Council. ATTEST: City Clerk. H KES',R- FIT-Jackson- 2-05-01 5.a.10. Office of the City Manager February 5, 2001 The Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Jackson Fitness Center Agreement Background: Jackson Fitness Center is scheduled to open by March 1, 2001. Parks and Recreation opened its first fitness center in partnership with the Roanoke City Public Schools at Breckinridge Middle School in October, 1997. This was followed by fitness center openings at Wilson Middle School in November, 1998, and Addison Middle School in December, 1999. The opening of the fourth fitness center, at Jackson Middle School, will provide fitness center access in all four quadrants of the City. A fitness room has been prepared at Jackson Middle School and is awaiting arrival of the equipment. Roanoke City Public Schools will use the fitness room and equipment for physical education classes and sports conditioning. Parks and Recreation will operate the facility as a fitness center, open to the general public during non-school hours. Details of the rights of both Parks and Recreation and the Roanoke City School Board are contained in the attached Agreement. A second report relating to the charging of fees at City run fitness centers will be circulated at this meeting of City Council. Currently, the following fees are charged at the other three City run fitness centers: City Resident - monthly $15.00 City Resident - per visit 4.00 Non-City Resident - monthly 22.00 Non-City Resident- per visit 5.00 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 City Council February 5, 2001 Page 2 Recommended Action: City Council authorize the City Manager to execute the attached Agreement, approved as to form by the City Attorney. Respectfully submitted, City Manager DLB/jjn CC; Dr. Wayne E. Harris, Superintendent of Schools Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance George C. Snead, Assistant City Manager for Community Development Wanda B. Reed, Acting Director, Parks and Recreation #01-407 AGREEMENT THIS AGREEMENT is made this q ~ day of the CITY OF ROANOKE, VIRGINIA, hereinafter referred to as , ..~ oo j, between "City", and the ROANOKE CITY SCHOOL BOARD, hereinafter referred to as "School Board". WlTNESSETH: IN CONSIDERATION of the mutual covenants contained in this Agreement, the City and the School Board agree as follows: 1. Premises: The facility which is the subject of this Agreement ("Premises") shall be the fitness room, the gymnasium, lobby, the restrooms, the men's and ladies' locker rooms, and other mutually agreed upon designated space at Jackson Middle School located at 1004 Montrose Ave., S.E., in the City of Roanoke. 2. Term of Agreement: The term of this Agreement shall be from November 1, 2000, until October 31,2001. This Agreement shall be extended for four (4) additional one- year terms, unless a party terminates the Agreement pursuant to Paragraph No. 13, in writing, no later than thirty (30) days prior to the last day of the then-current term of the Agreement. 3. Terms of Use: The Premises shall be open to the general public, subject to the following terms and conditions: (a) The fitness room shall be available to all persons who are sixteen (16) years of age or older. Persons who are fourteen (14) to sixteen (16) years of age may use the fitness room upon completion of training provided by the Jackson Middle School Physical Education Department or the Fitness Coordinator employed by the City. (b) The Director of the Roanoke City Department of Parks and Recreation ("Director") shall implement an identification procedure to ensure that only authorized persons are using the Premises and that their use is at the appropriate rate. (c) The hours of operation of the Premises shall ("Operational Hours"): (i) be as follows Fitness Room: 4:00 p.m. - 9:00 p.m., Monday through Friday, for use by the general public, and 3:30 p.m. to 4:00 p.m. for cleaning and preparation. (ii) Gymnasium: 5:00 p.m. - 9:00 p.m., Monday through Friday, for use by the general public, for the first year of the Agreement, and in the future at such times as the parties mutually agree in writing. Gymnasium use is subject to school use through prior reservation by the school principal. (iii) Locker rooms, and mutually agreed upon designated space: to be used at such times and subject to fees as agreed upon in writing by the parties. A take down and set up fee may be charged if the school's custodial staff is required to take such action because of the nature of the activity using a facility. (iv) The Premises shall be accessible from 8:00 a.m. until 3:00 p.m. on Saturdays, and from 1:00 p.m. until 6:00 p.m. on Sundays. The Director shall have the authority to adjust the hours of operation of the Premises, or any portion thereof, in writing, and the Director shall have the authority to cancel use of the Premises for any date or dates pursuant to this Agreement due to inclement weather or any · other reason. (d) The School Board may rent the gymnasium at any time the Premises are not scheduled to be used by the City. All arrangements relating to such rental shall be made 2 through the School Board. (e) The School Board shall continuously maintain appropriate temperature and reasonable humidity control throughout the year in the fitness room for the proper maintenance and protection of the equipment in the fitness room. (f) The City will be responsible for the cost of repairs for damages (other than fair wear and tear or damages caused by the negligence of any School Board employee) to the facility caused by persons using the facility as part of a City-sponsored program. 4. Equipment: The equipment in the fitness room belongs to the City. The City shall be responsible for the cost of repairing or replacing all equipment damaged or destroyed by normal use of the equipment. The School Board shall repair or replace any equipment willfully or intentionally damaged or destroyed by any person at any time not during Operational Hours, and the City shall repair or replace any equipment willfully or intentionally damaged or destroyed by the general public during Operational Hours. Each party shall perform an inventory and inspection prior to each day of use and shall note the results of the same on forms approved and provided by the Director. The determination of whether equipment shall be repaired or replaced shall be the Director's decision. 5. Conflicts in use: Use of the Premises by the general public pursuant to this Agreement shall be subject to events scheduled by the School Board. Reasonable notice of such events shall be given to the Director, in writing, preferably fourteen (14) calendar days of the first day of the event. If less than ten (10) days notice is given, then the School shall supply the City an alternate location on site, adequate enough to allow for their prescheduled event. 6. Additional areas for use: The City shall have use of office space within the fitness room for administering this Agreement. The City shall also have sole use of two small storage units for storage of materials to be used in connection with this Agreement. 7. Access to equipment: The City and the School Board shall have access to, and may use, all equipment which is stored at Jackson Middle School as of the date of this Agreement, including volleyball standards, aerobic steps, and mats. Such equipment, if damaged willfully or intentionally during a use time administered by one of the parties, shall be repaired or replaced by that party within thirty (30) days of the equipment being damaged. 8. Maintenance of Premises: The School Board shall maintain and clean the Premises after use of the same during a school day and before use of the Premises by the general public pursuant to this Agreement. The School Board shall maintain and clean the Premises before and after the use of the same on each Saturday and Sunday the Premises are used by the general public pursuant to this Agreement. The City shall pay the School Board for each Saturday or Sunday such custodial services are provided at a mutually agreeable rate. 9. Utilities: The School Board shall pay for all utilities, including water and electricity, for use of the Premises Monday through Friday, and the City shall pay a prorated share of such utilities for use of the Premises on Saturday and Sunday at a mutually agreeable 4 rate. The City will pay all monthly fees incurred as a result of the telephone located in the office described above, as well as all long distance calls made during the hours of operation for use by the general public. 10. Vendor Machine(s): The School Board may restrict access to, or use of, the vending machine(s) 7:00 a.m. to 3:30 p.m., Monday through Friday. All proceeds from the vending machine shall belong to the City for use to offset costs incurred in administering this Agreement. 11. Insurance: The School Board shall name the City, its officers, agents, employees and volunteers as additional insureds as their interests may appear on the appropriate School Board liability policies with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and One Million Dollars ($1,000,000.00) aggregate. If any organization sponsored by the City uses the Premises, such organization shall provide the City and School Board with proof of liability insurance in accordance with the above limits and such organization shall name the City and School Board, their officers, agents, and employees as additional insureds. All insurance correspondence shall be sent to the City of Roanoke, c/o Risk Management Officer, Room 506, Municipal Building North, Roanoke, Virginia 24011, and Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City School Board, P.O. Box 13145, Roanoke, Virginia 24031. 12. Notice: Notice to the parties, unless otherwise indicated, shall be in writing and either in person and delivered to the following locations, or by first-class mail: If to the City: If to the School Board: Director of Parks and Recreation 210 Reserve Avenue, S.W. Roanoke, Virginia 24016 Assistant Superintendent for Operations 40 Douglas Avenue, N.W. Roanoke, Virginia 24012. 13. Termination: This Agreement may be terminated by either party for cause, in writing, with thirty (30) days notice. The City shall have access to its equipment during normal business hours for forty-five (45) calendar days after termination and shall remove the same during that period of time. 14. Third-Parties: Neither party shall be obligated or liable hereunder to any person or entity not a party to this Agreement. 15. Successors and Assigns: The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. 16. Assignment: This Agreement and the rights and obligations hereunder may not be sold, assigned, or transferred at anytime by either party without the phor written consent of the City's City Manager. 17. Captions and Headings: The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 6 18. Cooperation: Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose of this Agreement. 19. Entire Agreement: This Agreement constitutes the entire agreement and understanding of the parties. WITNESS the following signatures and seals: CITY OF ROANOKE, VIRGINIA ATTEST: Mary F. Parker, City Clerk ATTEST: (title) ~, By Its ROANOKE CITY SCHOOL BOARD (Title) R|eb~rd 1_._ _Ke!!ey Assistant Superintendent for Operations Approved as to Form: tant City AttotTney ity of Roanoke Approved as to Execution: Assistant City Attorney for City of Roanoke H:X~.G RE E'~p R.FITN ESS- Jack~on MiddleSchool- 12-13-00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #289-467 Stephanie M. Moon Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Resolution No. 35202-020501, amending the City's Fee Compendium to establish uniform fees for use of fitness centers operated by the City of Roanoke at Breckinridge Middle School and Woodrum Wilson Middle School, amending certain resolutions to the extent that they may be inconsistent with the amendment, and authorizing amendments to the operating agreements for said fitness centers. The above- referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Darlene L. Burcham, City Manager Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools George C. Snead, Jr., Assistant City Manager for Community Development Wanda B. Reed, Acting Director, Parks and Recreation N:\CKSHlXAgendas 2001\Corresp Feb 5 2001.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35202-020501. A RESOLUTION amending the City's Fee Compendium to establish uniform fees for use of certain fitness centers operated by the City of Roanoke; amending certain resolutions to the extent they may be inconsistent with this amendment; and authorizing amendments to the operating agreements for certain fitness centers. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, is hereby amended to establish the following fees for the use of the fitness centers operated by the City of Roanoke: Monthly Fee Daily Fee Persons providing proof of full-time employment by the City of Roanoke or by the City of Roanoke School $ Board Persons providing proof of residency in the City of Roanoke but who are not employed by the City of $ 15.00 $ 4.00 Roanoke or by the City of Roanoke School Board All other persons $ 22.00 $ 5.00 The Director of Parks and Recreation shall be authorized to adjust such fees so long as the tees charged to any user within each group set forth above are equal, and such fees are not less than fees charged to users of similarly situated fitness centers not operated by the City of Roanoke. The fees for persons providing proof of full-time employment by the City of Roanoke or by the City o f Roanoke School Board shall become effective March 1, 2001. 2. Resolution Nos. 33609-100697, 34029-100798, 34514-102099 and 32412-032795 are hereby amended to the extent that they may be inconsistent with Paragraph No. 1 above. 3. The City Manager is hereby authorized to execute amendments to the operating agreements with the Roanoke City School Board pertaining to the fitness centers at Breckinridge Middle School and Woodrow Wilson Middle School, such amendments to be approved as to form by the City Attorney, so that the fees to be charged for the facilities be as set forth in the City's Fee Compendium. ATTEST: City Clerk. [ ',Clerk\01-408m-02-05-01 5.a.11. "0~ .'. " . 2 .Office of the City Manager February 5, 2001 The Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Fitness Center Discounts for City ahd School Employees Background: Public fitness centers are currently being operated in three Roanoke City Public Middle Schools: Breckinridge, (1997); Wilson, (1998); and Addison, (1999). A new fitness center at Jackson Middle School is scheduled to open by March 1, 2001. Each center offers cardiovascular and circuit training equipment to the general public during non-school hours while each is used by the schools to enhance their physical education programs during school hours. Current fees for public usage are $15 per month or $4 per visit for city residents and $22 per month or $5 per visit for non-city residents. City Council previously approved minimum user fees for these facilities to be no less than $10 per month, or $2 per visit for city residents and $15 per month, or $3 per visit for non-city residents, but authorized the Manager (now the Director) of Parks and Recreation to adjust fees so long as they did not fall below market rates for similarly situated fitness centers and were equal to the fees charged at all other City operated fitness centers. Since the first fitness center opened, rates were adjusted on one occasion to encourage usage during non-peak times, and on another occasion to reflect changing operating costs. Considerations: To encourage employees to improve their physical fitness and become a healthier workforce, I am recommending that City Council approve a discounted rate of $10 per month for all full-time City and School Board employees, regardless of where they live, for the use of these fitness centers. This program would begin March 1, 2001. The program kickoff would be preceded by an awareness campaign including meetings, City Page announcement, and informational brochures for employees. Room 364 Municipal South 2t5 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 City Council February 5, 2001 Page 2 Recommended Action: City Council amend the Resolutions pertaining to Addison (#34514-102099), Breckinridge (#33609-100697), and Wilson (#34029-100798) Fitness Centers to allow City and School Board employees, including those employees who do not reside within the City, to pay the recommended $10.00 per month discount rate. City Council authorize amendments to the Agreements with the Roanoke City School Board for operating Wilson and Breckinridge Fitness Centers to permit the $10.00 per month discounted rate. Add to the Fee Compendium to reflect the following fee schedule for all City run fitness centers and permit the Director of Parks and Recreation to adjust said fees so long as the fees charged to any user within each group are equal and such fees are not less than the fees charged to users of similarly situated fitness centers not operated by the City of Roanoke: Monthly Fee Daily Fee Persons providing proof of full-time employment by the $10.00 ....... City of Roanoke or City of Roanoke School Board Persons providing proof of residency in the City of $15,00 $4.00 Roanoke but who are not employed by the City of Roanoke or the City of Roanoke School Board All other persons $22.00 $5.00 DLB/jjn CC: Respectively submitted, City Manager Dr. E. Wayne Harris, Superintendent of Schools Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance George C. Snead, Assistant City Manager for Community Development Wanda B. Reed, Acting Director of Parks and Recreation #01-408 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #22-60 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35204-020501, authorizing the City Manager, or her designee, to enter into a contract with the Virginia Department of Health relating to the operation of the local Health Department, upon certain terms and conditions, as more fully set forth in a communication from the City Manager under date of February 5, 2001, addressed to Council. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Dr. Molly Rutledge, Director, Roanoke City Health Department James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Community Development Glenn D. Radcliffe, Director of Human Services/Social Services N:\CKSH 1 ~Agendas 200 l\Corresp Feb 5 2001 .wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGiNIA, The 5th day of February, 2001. No. 35204-020501. A RESOLUTION authorizing the City Manager or her designee to enter into a contract with the Virginia Department of Health relating to the operation of the local Health Department, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, or the City Manager's designee, and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the requisite contract with the Virginia Department of Health, pursuant to {}32.1-31, Code of Virginia (1950), as amended, such contract establishing the financial contributions of the City and the Commonwealth to the local Health Department, and the public health services to be rendered by such Department, as more particularly set forth in the February 5, 2001, letter of the City Manager to this Council, such contract to be in form approved by the City Attorney. ATTEST: City Clerk. H:\RES\R-Health Dept- Agree - 02-05-01 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #22-60 Stephanie M. Moon Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35203-020501, amending and reordaining certain sections of the 2000-2001 General Fund Appropriations, providing for transfer of $85,208.00 in connection with execution of a contract with the Virginia Department of Health for operation of the local Health Department. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Darlene L. Burcham, City Manager Dr. Molly Rutledge, Director, Roanoke City Health Department George C. Snead, Jr., Assistant City Manager for Community Development Glenn D. Radcliffe, Director of Human Services/Social Services N:\CKSHl~Agendas 2001\Con'esp Feb 5 2001.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35203-020501. 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 Judicial Administration $ 6,254,010 Juvenile and Domestic Relations Court Services (1) ................1,532,753 Health and Welfare $ 27,240,339 Health Department (2) ....................................... 1,153,570 1 ) Residential/Detention Services (001-121-2130-2008) $ (85,208) 2) Subsidies (001-630-5110-3700) 85,208 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.12. Office of the City Manager February 5, 2001 The Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Virginia State Department of Health and the City of Roanoke Service Agreement Background: Section 32.1-31, Code of Virginia, authorizes the City to enter into a contract with the State Board of Health for the operation of the local health department in the city. The contract between the City and the Board must specify the services to be provided in addition to the services required by law and, and must contain other provisions as the Board and the city may agree upon. Current Situation: Agreement and services checklist was completed per instructions received by the State Health Department from Dr. Robert Stroube, Deputy Commissioner for Community Health Services, dated September 27, 1988. This contract has an automatic year to year renewal. The amount of funds dedicated to this contract for each fiscal year is negotiated and agreed to. Agreement between the Commonwealth of Virginia and City of Roanoke is necessary for proper billing to localities for health and environmental services. The initial local required match amount of $1,061.202 (40.36%) of total cooperative budget was included in the fiscal year 2000-01 resource allocation plan adopted by City Council in May, 2000. An additional amount of $85,208 is required to match additional state funding. Funding is available in Account No. 001-121-2138-2008, Residential Detention Services, as actual utilization of bed space has been less than the initial projection. The 2000/01 Health Department Budget is based on approved funding as follows: a. State $ 1,605,849 (59.64%) b. Local Match $ 1,146,412 (40.36%) $ 2,752,261 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 Ralph K. Smith, Mayor and Members of Council February 5, 2001 Page 2 Services to be provided include the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. Communicable Disease Services Child Health Services Maternal health Services Family Planning Services Environmental Health Services Management and Support Services Dental Health Services Specialty Clinic Services Other Public Health Services a. Including Medicaid Nursing Home Screening Public Health Service provided under local ordinance a. Including Insect Control, Rodent Control, Swimming Facilities and Grocery Store Delicatessens. Recommendation: City Council approve the transfer of $85,208 from Account No. 001-121-2130-2008 Residential Detention Services to Account No. 001-630-5110-3700 Health Department Subsidies and authorize the City Manager or her designee to execute the agreement, in the form approved by the City Attorney with the State Health Department as provided for by State law. Respectfully submitted, City Manager CC: Mary F. Parker, City Clerk James D. Grisso, Director of Finance William M. Hackworth, City Attorney Glenn D. Radcliffe, Director of Human Services Dr. Molly Rutledge, Director, Roanoke City Health Department #: 01-413 [N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5thday of February, 2001. No. 35193-020501. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF .AN EQUIPMENT LEASE PURCHASE AGREEMENT RELATING TO THE ACQUISITION AND INSTALLATION OF VEHICULAR EQUIPMENT, COMPUTER EQUIPMENT AND OFFICE FURNITURE AND EQUIPMENT BY THE CITY, TO BE DATED .nS OF JANUARY 15, 2001, BY AND BETWEEN SUNTRUST LEASING CORPORATION, AS LESSOR, AND THE CITY, AS LESSEE, AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF; APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF AN ESCROW AGREEMENT, TO BE DATED AS OF JANUARY 15, 2001, BY AND AMONG THE CITY, SUNTRUST LEASING CORPORATION AND SUNTRUST BANK, AS ESCROW AGENT, AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF; AUTHORIZING THE MEMBERS OF THE COUNCIL AND THE OFFICIALS AND EMPLOYEES OF SUCH CITY TO TAKE FURTHER ACTION TO CARRY OUT THIS RESOLUTION AND THE TRANSACTIONS CONTEMPLATED HEREBY AND BY THE AFOREMENTIONED EQUIPMENT LEASE PURCHASE AGREEMENT AND ESCROW AGREEMENT; AND MAKING CERTAIN FINDINGS DETERMINATIONS BE IT RESOLVED'BY-~E COUNCIL OF THE CITY OF ROANOKE, VIRGIN'IA: SECTION 1. Findings and Determinations. The Council (the "Council") of the City of' Roanoke, Virginia (the "City"), hereby finds and determines as follows: (a) The Council has determined that it is necessary and desirable for the City acquire and install certain vehicular equipment, computer equipment and office furniture and equipment in connection with the performance of its governmental functions. (b) The Council has further determined that it is desirable for the City to finance the acquisition and installation of such equipment through an equipment lease purchase agreement financing. H ~TT~I~V~qm~ I (c) In order to accomplish such financing, the City. has determined to enter into an Equipment Lease Purchase Agreement. to be dated as of Januar?' 15,2001/the "Equipment Lease Purchase Agreement"). by and between SunTrust Leasing Corporation. as Lessor Ithe "Leasing Corporation"). and the City., as Lessee. under and pursuant to v,'hich the Leasing Corporation ~ iii advance the amount of $2.503,000 to provide the funds for the acquisition and installation or' the vehicular equipment, the computer equipment and the office furniture and equipment described in Exhibit A attached thereto (the "Equipment"). (d) The Equipment is essential, for the City to perform its governmental functions. (e) Pending the application of the funds to be made available by the Leasing Corporation under and pursuant to the Equipment Lease Purchase Agreement, it is contemplated that such funds will be delivered by the Leasing Corporation to SunTrust Bank, as Escrow Agent (the "Escrow Agent"), pursuant to an Escrow Agreement, to be dated as of January 15,2001 (the "Escrow,, Agreement"), by and among the City, the Leasing Corporation and the Escrow Agent, for deposit into the Equipment Acquisition Fund established under the Escrow Agreement and applied to the acquisition and installation of the Equipment in accordance with the provisions of the Escro~v Agreement. (0 The City has taken, or will undertake, the necessary steps, including those relating to any applicable legal bidding requirements under the Virginia Procurement Act. to arrange for the acquisition and installation of the Equipment. (g) The City proposes to enter into the Equipment Lease Purchase Agreement and the Escrow Agreement in substantially the forms presented to the meeting of the Council at ~vhich this Resolution is being adopted. H ,,L E'I'FE R.V-eqmpput I SECTION 2. Approval of the Form of the Equipment Lease Purchase A~reement and the Terms, Conditions and Provisions Thereof: Execution and Deliverv of the Equipment Purchase Agreement. The form of the Equipment Lease Purchase Agreement presented to and filed with the minutes of the meeting of the Council at ,,vhich this Resolution is being adopted and the terms, conditions and provisions thereof (including in particular the Base Payments required to be paid under Section 3.5(a)thereofas set forth in Exhibit B thereto) are hereby approved, ratified and confirmed, and the City Manager or the Deputy City Manager is hereby authorized and directed to execute and deliver to the Le~ing Corporation the Equipment Lease Purchase Agreement in such form, together with such changes as shall be approved by the City Manager or Deputy City Manager executing the sarne upon the advice of counsel to the City (including the City Attorney and Bond Counsel to the City), such approval to be conclusively evidenced by the execution thereof by the C it3,.' Manager or Deputy City Manager. SECTION 3. Approval of the Form of the Escrow Agreement and the Terms. Conditions and Provisions Thereof; Executi~?n and Delivery of the Escrow Agreement: Approval of Appointment of Escrow Agent. (a) The form of the Escrow Agreement presented to and filed with the minutes of the meeting of the Council at which this Resolution is being adopted and the terms. conditions and provisions thereof are hereby approved, ratified and confirmed, and the City Manager or the Deputy City Manager is hereby authorized and directed to execute and deliver the Escro~¥ Agreement to the Escrow Agent and the Leasing Corporation, together with such changes as shall be approved by the City Manager or Deputy City, Manager executing the same upon the advice counsel to the City (including the City Attorney and Bond Counsel to the City), such approval to be con¢lttsively evidenced by the execution thereof by the City Manager or Deputy City Manager. (b) The Council hereby approves the appointment of SunTrust Bank as Escro~ Agent under the Escrow Agreement. SECTION 4. Tax Covenant. The City covenants and agrees to comply ~vith the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury, Regulations promulgated thereunder throughout the term of the Equipment Lease Purchase Agreement. SECTION 5. Further Action of the Council and of the Officials and Employees oI the City. The members of the Council and the officials and employees of the City. are hereb.~ authorized and directed to take any and all such further action as upon advice of counsel to the CiD' they shall deem necessary or desirable in order to carry out, give effect to and consummate the transactions contemplated by this Resolution and by the terms of the Equipment Lease Purchase Agreement and the Escrow Agreement and by any of the documents referred to herein or therein or approved hereby or thereby. SECTION 6. Rel;)eal of Conflicting Resolutions. All resolutions, or portions thereof. heretofore adopted by the Council which are in conflict or inconsistent with this Resolution are hereby repealed to the extent of such inconsistency. SECTION 7. Effectiveness of Resolution. This Resolution shall be effective from and after its adoption. ATTEST: City Clerk. ~.~, ~. I :,, ?~, CITY OF ROANOKE /~~~\ OFFICE OF CITY CLERK Telephone: (540) 853-2541 F~: (540) 853-1145 E-mail: elerk~ei.roanoke.va, us MARY F. PARER, CMC Ci~ Clerk February 5, 2001 File #467 5.b.1. STEPHANIE M. MOON Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Pursuant to Chapter 9, Education, Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, this is to advise you that the three-year terms of office of Melinda J. Payne and Ruth C. Willson will expire on June 30, 2001. Pursuant to Section 9-16 of the Code of the City of Roanoke (1979), as amended, on or before February 15 of each year, Council shall announce its intention to elect trustees of the Roanoke City School Board for terms commencing July 1 through (1) public announcement of such intention at two consecutive regular sessions of the Council and (2) advertisement of such intention in a newspaper of general circulation in the City twice a week for two consecutive weeks. Section 9-17 of the City Code provides that applications must be filed in the City Clerk's Office by March 10 of each year. Since March 10, 2001, falls on Saturday, and City offices will be closed, the deadline for receipt of applications will be Friday, March 9 at 5:00 p.m. Application forms will be available in the City Clerk's Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday through Friday. Information describing the duties and responsibilities of School Board Trustees will also be available. With kindest regards, I am MFP:sm Sincerely, Mary F. Parker, CMC City Clerk H:\Schools 2001\Council Announcements.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #79-140 Stephanie M. Moon Deputy City Clerk William M. Hackworth City Attorney Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Gentlemen: I am attaching copy of Resolution No. 35205-020501, directing the City Attorney and the Director of Finance to institute, or cause to be instituted, and conduct or cause to be conducted, suits to collect delinquent real estate taxes and assessments by judicial sale. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: The Honorable David C. Anderson, City Treasurer Darlene L. Burcham, City Manager Dana D. Long, Chief, Billings & Collections George C. Snead, Jr., Assistant City Manager for Community Development Evelyn S. Lander, Director, Planning and Code Enforcement H. Daniel Pollock, Housing Development Coordinator N:\CKSHl~Agendas 2001\CorresD Feb 5 2001.wpd 5.c.1. JAMES D. GRISSO Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Roor~61 P. O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director February 5, 2001 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member RE: Judicial Sale of Real Property for delinquent taxes ("Tax Sale") Dear Mayor Smith and Members of Council: Background: State law provides localities the right to sell real estate after the first anniversary date on which the taxes or other assessments remain unpaid. The property sold under these proceedings will be free and clear of all liens incurred by the owner and any other party involved in the suit. In addition, reasonable attorney's fees can be paid out of sale proceeds. Despitevigorous collection efforts by the Office of Billings & Collections, certain property owners have not paid their debts. In addition to unpaid taxes, many of these properties cause concern to surrounding property owners because the property is not maintained thereby creating a blight on the neighborhood. Another benefit from the tax sale is that the City will collect future real estate taxes and avoid incurring weed/trash abatement and demolition/board up costs. On October 22, 1997, City Council authorized the judicial sale of approximately 200 properties. Auctions of these properties were held throughout 1999. On March 6, 2000, City Council authorized the judicial sale of approximately 120 properties. Auctions for these properties are scheduled to conclude by June 2001. In recent years, Billings and Collections has published an annual listing of tax delinquent properties that have failed to respond to demands for payment. These advertisements have been placed in the local newspapers and have produced many responses and Honorable Mayor and Members of City Council February 5, 2001 Page 2 collections of delinquent real estate taxes. On November 12, 2000, 354 properties with $588,000 in delinquent taxes were advertised in The Roanoke Times. These properties had taxes that were two years or more delinquent. As of January 26, 2001 delinquent real estate taxes totaling $364,189 have been collected pursuant to this advertisement. Our next step in the collection process is to request your approval to begin the Tax Sale process for those properties that have failed to respond to the advertisement. Current Situation: Lists with delinquent real estate taxes and assessments have been compiled by the collectors in Billings and Collections. The City Attorney, City Treasurer, and Housing Development Coordinator also concur in the recommendation that properties on the attached lists be subject to the tax sale. These lists reflect delinquent taxes and assessments as of February 1,2001. Real estate taxes on the properties identified on the exhibits herein have been delinquent for two or more years. However, there are five properties listed on the exhibits that have a demolition lien and one year of delinquent real estate taxes which qualify under state law for the tax sale process. A law firm has been selected by the City Attorney's Office and Billings and Collections to file the suits and to take all necessary action to sell the property listed herein. The legal fees will be paid by the property owner when the delinquent taxes or other assessments are paid or from the sale proceeds at the time of sale. As a part of the legal process required by law for a tax sale, the law firm will send property owners letters advising them that the suits will be filed to sell the property in order to collect the taxes and assessments and will publish a legal notice identifying the property in the newspaper. Property owners still be able to redeem their property by paying all delinquent taxes, fees, and assessments up until the day before the sale. It is anticipated that the first suits for these properties will be filed in April 2001 and that auctions will be held by September 1,2001. Recommendation: We recommend that suits be initiated to collect delinquent taxes and assessments by tax sale with respect to properties on the lists attached as Exhibit A, vacant buildings and lots and Exhibit B, non-owner occupied properties. Section 58.1-3954 of the Code of Virginia requires that any suits be instituted and collected in the name of the city in which the taxes are assessed and at the direction of the governing body of the city. An appropriate resolution is attached. Honorable Mayor and Members of City Council February 5, 2001 Page 3 We will respond to questions you might have on this matter. Sincerely, Director of Finance JDG:s Attachments C~ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney David C. Anderson, City Treasurer Dana D. Long, Chief, Billings & Collections Dan Pollock, Housing Development Coordinator Vacant Lots Parcels Recommended for Tax Sale 2/5/01 Exhibit A Owner's Name Legal Description Property_ Address Tax Map Taxes/Others Atwater, Herman Bartley, Bobby L Bartley, Bobby L & Mary A Bartley, Bobby L Begley, John M Jr Birkes, Fred Halsey Carter & Jones Dry Cleaning & Dyeing Inc Clark, Charles R Sr & Rebecca H Craft, Floyd & Iris N Etal Craft, Floyd & Iris N Etal Doss, Julian C Jr Doss, Julian C Jr Lot 18-20, Blk 7, Lot - Ordway Dr NW 2470610 1,226.28 Map Fairland Lot 6,'Blk 15, Map Lot - Wallace Ave 3221906 Jackson Park NE Lot 8, Blk 15, Map Lot - Wallace Ave 3221908 Jackson Park NE Lot 11, Blk 15, Map Lot - Wallace Ave 3221921 Jackson Park NE .18 Acres, Map Lot - Old Rocky 5390103 Narrows Mount Rd SW Lot 17, Blk 15, Map Lot- 511 Patton Ave 2010522 RF&H NW Lots 10&l 1, Blk 25, Lot - Melrose Ave 2761809 Map WCL Co NW New Lot A, Map Lot - McVitty Rd 5100534 Salem Road SW Lot 10 & Pt Lot 9, Blk 26, Map Rorer Pt Lots l&2, Blk 26, Map F Rorer Lot 14, Blk 10, Map Jackson Park Lot - Salem Ave SW Lot - 10~ St SW Lot - Edmund Ave NE 1111410 1111418 3222213 Lot 15, Blk 10, Map Lot - Edmund Ave 3222214 Jackson Park NE 160.61 160.61 56127 1,316.19 7,473.90(L) 46.99 199.46(L) 218.84(L) 177.86(L) 1,673.63 680.45 256.18 251.09 230.81(L) 160.61 160.61 Parcels Recommended for Tax Sale 2/5/01 Exhibit A Vacant Lots Owner's Name Legal Description Property_ Address Tax Map Taxes/Others Ellington, Larry L Evans, Eric & Powell, Christopher C Goldstein, Lawrence A Guard, Paul J .Ir. Hale, Claudine Heard, Raynham T & Angela M Hodges Lumber Corporation Pt Lot 7, Map Lot - Mississippi Ave 3130427 Queensburg HTS NE Lot 8 & Pt 7, Blk 21, Map RF&H 175.53 Lot - Fifth St NW 2013113 153.21 Lot 3, Blk 1, Map Lot - 828 Staunton 2031104 Victor Land Ave NW .37 Acres, Map Lot - Clovis St NW 6081219 Peters Creek 274.73 124.71 Lot 1, Blk8, Map Lot- Downing St 2041214 276.30 Lincoln Ct. NW Lot 3, Blk 1, Map Lot - Salem Ave SW 1212004 WEL 71.13 Lot ll, Blk25, Map Lot- Shenandoah 2112812 709.69 RF&H Ave NW Hodges Lumber Lot 12, Blk 25, Map Lot - Shenandoah 2112813 709.69 Corporation RF&H Ave NW Hodges Lumber W ¼ Lot 14, Blk 25, Lot - Shenandoah 2112815 360.84 Corporation Map RF&H Ave NW E ~A Lot 14, Blk 25, Lot - Shenandoah 2112818 Map RF&H Ave NW Hodges Lumber Corporation Hollandsworth, J E Etux Hollandsworth, J E Etux 366.0l Lot 2, Blk 22, Map Lot - Seventeenth St 3230802 130.76 East Gate NE Lot 3, Blk 22, Map Lot - Seventeenth St 3230803 East Gate NE 71.13 Vacant Lots Parcels Recommended for Tax Sale 2/5/01 Exhibit A Owner's Name Legal Description Property_ Address Tax Map Taxes/Others Howell, G W & Vema Lou $ordon, Alvin M Kimberlin, Albert Lorenza King, Elizella S Lavender, Bobby Lavender, Bobby Lavender, Bobby Lavender, Bobby Lavender, Bobby Layton, Raymond L & Roselyn Lotz, Frances C McDowell, Calvin G & Sherri W Lot 10, Blk 4, Map Lot - Church Ave SE 4011610 WP 147.52 Lot 18, Blk 18, Map Lot- Rutherford Ave 2121513 136.64 NS NW Lot 12, Blk 9, Map Lot - Sixth St SE 4022419 RLI- 1890 Lot 7, Blk 84, Map Lot - Essex Ave NW 2323007 Melrose Lot 2, Blk 3, Map Lot - McDowell Ave 2120921 Ingleside NW Lot 3, Blk 3, Map Lot - McDowell Ave 2120922 Ingleside NW Lot 4, & Pt 5, Blk 3, Lot - McDowell Ave 2120923 Map Ingleside NW Lot 10, Blk 3, Map Lot - Madison Ave 2120929 Ingleside NW Lots 11-12 & Pt 13, Lot - Madison Ave 2120930 Blk 3, Map NW Ingleside Lot - Thirteenth St 4122929 SE Lot 21, Blk 2, Map The Investment Co Pt of A Lot, Map Lot - Wise Ave SE 4210121 Castle Corp Lot - Wells Ave NW 2013008 SS Wells Ave 122Ft W, Map of OS Jeff St 60x 140F 580.20 151.18 81.38 81.38 127.96 81.38 197.73 445.66 115.90 2,583.81 '%. Vacant Lots Parcels Recommended for Tax Sale 2/5/01 Exhibit A Owner's Name Legal Description Property_ Address Tax Map Taxes/Others Mack, Jean A Messick, Jean C Mitchell, George M Moore, Rashi Moore, Sadie Willis Moorman, Samuel B Jr Walker, Ressa V Mubeidin, Shelia E Musselman, Edgar R Painter, P Noel & Martha H Rebuilding Black Communities I. nc Rebuilding Black Communities Inc NS Patton Ave 80Ft Lot- Patton AveNW 2010614 457.02 W, Map OS 4th St 40 8,524.38(L) Ft. Lot 28-29, Blk 3, Map Laurel Terr Lot- Larchwood Ave 3120314 167.00 NE Lot 14, Blk 30, Map Lot- Sixteenth St NE 3231914 292.74 East Gate Lot 4, Blk I, Map Lot - Loudon Ave 2111704 T&T NW Lot 7, Blk 85, Map Lot - Moorman Ave 2322907 Melrose NW Lot 15, Blk 4, Map Lot - Rorer Ave SW 1211710 WEL Lot Pt 5&6, Blk 14, Lot - Harrison Ave 2010206 Map RF&H NW N V2 Lot 8, Blk 15, Map RL & I-E Tayloe Lot 19, Blk 3, Map ESL Lot 12, Blk 33, Map RV Pt Lots 7&8, Blk 6, Map RF&H Lot - Tenth St SE Lot - Church Ave SE Lot - Rorer Ave SW Lot - Patton Ave NW 4111324 4111907 1312112 2010826 817.20 256.61 12,738.63(L) 35.64 23,792.64(L) 181.04 9,534.42(L) 167.96 61.34 127.96 189.19(L) 67.36 138.62(L) 4 Vacant Lots Parcels Recommended for Tax Sale 2/5/01 Exhibit A Owner's Name Legal Description Property_ Address Tax Map Taxes/Others Robertson, Thelma F Robinson, Julian P & Louise Nance Robinson, Julian P & Louise Nance Rodgers, Kenneth J & Phyllis M Saunders, Duser M & Vera E Shiffiett, Wayne Eugene Stokes, Jesse W Stokes, Jesse W Strange, Valerie P Perry, Charles M Jr Strange, Valerie P Perry, Charles M Jr Timberline of Virgima Inc N Pt Lot 1, Blk 23, Lot - Buena Vista 4131436 86.19 Map Momingside Blvd SE Hts Pt Lot 9, Map Lot - Old Salem 5210309 80. I 1 Layman Road SW Lot 9-B, Map Lot - Old Salem 5210310 80.11 Layman, SD Road SW Lot 17, Blk 1 I, Map Lot - Crescent St NW 2431217 133.81 Villa Hts Lot Pt 18-19-20, Blk 14, Map RF&H Lot - Fifth St NW 2010222 75.98 Lot 8, Blk 1, Map Lot - Ninth St SW 1112110 263.40 HH Markley 225.00(L) 9,918.60(L) Lot 13, Blk 86, Map Lot - Essex Ave NW 2322414 141.76 Melrose Lot 14, Blk 86, Map Lot - Essex Ave NW 2322415 127.84 Melrose Lot 14, Blk 29, Map Lot - Rorer Ave SW 1312211 86.08 RV Lot 3, Blk 4, Map Rosemont No. 2 Pt Lot 1, Blk 14, Map Round Hill Pk No. 5 Lot - Cove Rd NW 2340803 257.23 Lot - Pleasant View 2141501 Ave NW 34.86 Vacant Lots Parcels Recommended for Tax Sale 2/5/01 Exhibit A Owner's Name Timberline of Virginia Inc Timberline of Virginia Inc Timberline of Virginia Inc Timberline of Virginia Inc Timberline of Virginia Inc Triplett, William C Wallace, Clarence Wallace, Clarence Ward, Ruth R Ward, Ruth R Williams, Stefan Kraig Wood, Mary E Legal Description Pt Lot 2, Blk 14, Map Round Hill Pk No. 5 Lot 22 Blk 36, Map East Gate Lot 23, Blk 36, Map East Gate Lot 24, Blk 36, Map East Gate Lot 25, Blk 36, Map East Gate Pt Lts 1-5, Map E M Gearhart Pt Lots 15 & 16, Blk 21, Map RF&H Pt Lot 15, Blk 3, Map Lincoln Court Lot 31, Blk 13, Map RL&I Tayloe Lot 33, Blk 13, Map RL&I Tayloe Lot 5, Blk 2, Map Jennings Lot 8, Blk 13, Map EB&I Property_ Address Lot - Pleasant View Ave NW Lot - Sunset Ave NE Lot - Sunset Ave NE Lot - Sunset Ave NE Lot - Sunset Ave NE Lot - Yellow Mountain Rd SE Lot - Fifth St NW Lot - Dunbar St NW Lot - Norfolk Ave SE Lot - Norfolk Ave SE Lot - Mountain Ave SE Lot - Woods Ave SW Tax Map 2141502 3220222 3220223 3220224 322O225 4400434. 2013123 2041515 4210214 4210216 4021111 1030808 Taxes/Others 16.17 119.54 119.54 119.54 119.54 844.05 191.39 20.81 34.40 22.95 527.75 197.87 26,993.76(L) Vacant Lots Parcels Recommended for Tax Sale 2/5/01 Exhibit A Owner's Name Wright, Van Tyrone Wright, Van T Legal Description Pt Lot 28, Blk 19, Map NS Pt Lots 27, & 28, Blk 19, Map NS Proper~ Address Lot - Rutherford Ave NW Lot - Rutherford Ave NW Tax Map 2121707 2121708 .Taxes/Others 75.98 75.98 Vacant Buildings Parcels Recommended for Tax Sale 2/5/01 Exhibit A Owner's Name Legal Description Property Address Tax Map Taxes/Others Atwater, Herman Bane, Roy Bartley, Bobby L & Mary A Branch, Elsie D Brewer, Ivan M Campbell, Wayne M & Victoria M Contimortgage Corporation Craft, Floyd & Iris N Etal Dalton, Ivory M Gainsboro & Corem Business Dev Co Heard, Raynham T & Angela M Heard, Raynham T & Angela M Hodges Lumber Corporation Lot 15-17, Blk 7, Map Fairland Pt Tract 2, Map Fairview Lot 7, Blk 15, Map Jackson Park Pt Lts 3&4, Blk 49, Map RF&H S ½ Lot 7, Blk 15, Map Villa Hgts S Pt Lot 6, Blk 3, Map Forest Park Lot 7, Blk 1, Map Swarthmore Place Pt Lot 9, Blk 26, Map Rorer Lot 6, Blk 43, Map RF&H Lot 21, Blk 3, Map SPH Miller Lot 2, Blk 1, Map WEL Lot 1, Blk 1, Map WEL Lot 13, Blk 25, Map RF&H 2719 Ordway Dr NW 2470608 1,645.54 624 36th St NW 2640107 1,552.48 1820 Wallace Ave 3221907 5,252.08 NE 1022 Gilmer Ave 2111304 1,363.05 NW 2431 Clifton St NW 2430413 1,213.43 1020 Palm Ave NW 2430920 902.80 3043 Ferncliff Ave 2480307 1,708.23 NW 1002 Salem Ave SW 910 Loudon Ave NW 1111411 469.19 2111908 522.57 308 Harrison Ave 2010320 364.87 NW 1306 Salem Ave SW 1302 Salem Ave SW 1212005 309.74 1212006 527.50 613 Shenando~Ave 2112814 1,449.45 NW Parcels Recommended for Tax Sale 2/5/01 Exhibit A Vacant Buildings Owner's Name Legal Description Property Address Tax Map Taxes/Others Hodges Lumber Corporation Howell, Alzie May Ideal Cleaners Inc King, Elizella S Knisley, Rodger L & Debbie B Lee, Zepha K Life Estate Mills, J L Phillips, Bill Properties LTD Renovation Specialists Inc Robinson, Julian P & Louise Nance Saunders, Joseph E & Julia F Stokes, Jesse W Taylor, James L Lot 15-16, Blk 25, 603 Shenandoah Ave 2112816 9,968.65 Map RF&H NW Lot 33, Blk 4, Map 618 Tazewell Ave SE 4011625 698.42 Lot 2, & Pt 8, Blk 1, 1509 Williamson Rd 3070702 3,398.15 Map Oakland NE Lot 8, Blk 84, Map 2001 Moorman Ave 2323008 928.83 Melrose NW Lot 3, Blk 14, Map 1610 Patterson Ave 1213106 850.38 WEL SW Lot 1, Blk 2, Sec l, 348 Madison Ave 2022101 2,537.97 Map Gainsboro NW Neighborhood Lot N ¥2 9& N V2 10, Blk 6, Map WCL Co Lot 1 & 2, Blk 10, Map Runnymede Pt Lots 7 & 8, Blk 1, Map WEL Lot 7 & Pt 9, Map Layman Lot 4, Sec 4, Blk 12, Map Foxwood Lot 15-16, Blk 86, Map Melrose Lot 12, Blk 20, Map Runnymeade 1320 Westside Blvd 2670408 1,067.83 NW 213 25~ St NW 2310501 2,846.83 1305 Rorer Ave SW 1212012 309.74 247.06(L) 1808WestlandRd 5210307 3,687.36 SW 602 Leslie Lane NW 502 21s' Street NW 2741604 2,575.77 2322416 563.89 Vacant - Centre Ave 2420612 805.04 NW Vacant Buildings Parcels Recommended for Tax Sale 2/5/01 Exhibit A Owner's Name Legal Description Property_ Address Tax Map Taxes/Others Terry, Courtney M Traylor, Eugenia E Traylor, Eric J Wallace, Clarence Watson, Luther J Wilson, Thurman D & Janice E Lot 14, Blk 97, Map 2211 Orange Ave 2321013 568.79 Melrose NW Lot 4-6, Blk 9, Map 2725 Cove Rd NW 2470402 2,284.32 Fairland Lot 11, Blk 28, Map 1624 Gilmer Ave 2211403 1,398.70 N Pt Lots 8-9, Blk 24, Map Melrose 609 14th St NW 2222608 1,210.22 Lot 24, Blk 2, Map 4218 Moomaw Ave 6050223 2,708.87 Moomaw Hts NW Parcels Recommended For Tax Sale 2/5/01 Exhibit B Non-Owner Residence - Occupied Properties Owner's Name Legal Description Property Address Tax Map Taxes/Others Browning, Antony C Carter & Jones Dry Cleaning & Dyeing Inc Carter & Jones Dry Cleaning & Dyeing [nc Chase Manhattan Bank Trustee Crenshaw, Carl H & Melanie B Dillon, Curtis R DMS LLC Doss, Darnel W. & Elizabeth Doss, Julian C Jr & Dolores M Dunnaville, David A Jr WS Franklin Ave S Col, Col Hgts HTS Rd & N Map N&W Lots'4-7, Blk 25, Map WCL Co Lots 8-9, Blk 25, Map WCL Co Lot 19, Blk 3, Map Eureka Land Lot 3, Blk 19, Map WEL Lot 13, Blk 1, Map Redwood Park Lot 8, Blk 7, Sec SW 3, Map oS Acreage, Map Watts Land Lots 28 & 29, Blk E, Map Williamson Grove New Tract A, Map Sanford Hill 2001 Franklin Rd SW 4026 Melrose Ave NW 4012 Melrose Ave NW 1040501 3,662.99 2761804 8,354.37 2761807 2,966.93 1418 Staunton Ave 2220409 2,087.04 NW 1610 Chapman Ave 1320505 766.68 SW 1629, 163l Redwood 4350313 5,895.56 Rd SE 113, 115, Albemarle 1022308 2,155.82 Ave SW 904 Greenhurst Ave 2060824 1,487.63 NW 134 Noble Ave NE 3080718 1,116.77 1707, 1711 Cove Rd 2350117 2,348.89 NW Parcels Recommended For Tax Sale 2/5/01 Non-Owner Residence - Occupied Properties Exhibit B Owner's Name Legal Description · Property Address Tax Map Taxes/Others Fau, Enele Finney, Melvin Goldstein, Lawrence A Trs Harden, Zina & Gracie Bell Holt, Viola Jacobs Huff, Edward J & Margaret J Hylton, Nancy Miller Lawhom, Tony L Lee, Aver A Estate Moss, Lewis D & Dorothy L Robertson, Violet Etal Rogers, Tony R Lot 12, Blk 87, Map Melrose Lot 14, Blk 21, Map HP Lot 4, Blk 2, Map Gish Lot 8, Blk 5, Map Rosemont No. 2 Pt Lot 13, Blk 1, Map Nat Inv Co Lot 8, Blk 60, Map Melrose Lot 11, Blk 24, Map Mel Lot 1, Blk 6, Map Webb Lot 3C, Blk l 1, Sec NW 5, Map Official Survey Lot 8, Blk 3, Map Franwill Lot 3, Blk 2, Map Sanford Hill Lot 2, Blk 11, Map Waverly 2119 Melrose Ave 2321812 811.43 NE 1712 Loudon Ave 2211906 ' 50).24 NW 432 Highland Ave 1021904 1,754.29 SW 1322 Leon St NW 2340908 1,814.23 1016 Twelfth St SE 4121709 1,601.87 1702 Mercer Ave 2332308 3,111.- I NW 1319 Essex Ave NW 730 Norfolk Ave SW 325 Patton Ave NW 2222612 559.47 1111101 1,929.52 2010719 642.96 1701Fr~will Ave 2330414 6,760.9~ NW 17l I Jersey Ave NW 2350303 2,132.54 1108 17'h St SE 4221102 1,463.89 Parcels Recommended For Tax Sale 2/5/01 Exhibit B Non-Owner Residence Occupied Properties Owner's Name Legal Description Pr0pertv Address Tax Map Taxes/Others Small, Marc James Snow, George Ray Tawalben, Fahed Wade, William J - Trustee Mid State Land Trust II WS 1~t Street 112.3 Ft N OS Elm Ave 37Ft Lot 6, Blk 9, Map Riv Dev Corp Lot 9, Blk 11, Map WEL Lot 10, Sec 9, Map Gainsboro 713 First Street SW 1521 Seventh St SE 1020430 1.303.75 4141509 809.25 230 Rutherford Ct 2021689 1,254.01 NW 419 13th St SW 1213416 1,364.75 Department of Finance City of Roanoke, Virginia February 5, 2001 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: December Financial Report This financial report covers the first six months of the 2000-2001 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 0.45% or $291,000 compared to FY00. categories of revenues are as follows: Variances in specific General Property Taxes are up 4.40% or $1,065,000. The first installment of real estate tax was due on October 5. Real estate tax revenue through the end of December has increased over the same period in the prior fiscal year as a result of earlier receipt of payments and increased collection of delinquent taxes. Real estate tax revenues are projected to increase approximately 4% from the prior year. Personal property tax revenue is below the prior year, but the majority of this revenue is received near the personal property due date of May 31. Public Service tax was up due to a timing difference for collections in the current year compared to the prior year. Other Local Taxes have increased 2.73% or 513,000. Prepared food and beverage tax revenue is ahead of the prior .year due to several new restaurant openings. Water utility consumer tax revenue is also up as a result of the rate ~ncrease, which was effective January 1, 2000. These gains are partially offset by a decline in sales tax revenue. Sales tax revenue is the third largest local revenue source and is lagging 2.35% behind last year's collections. Permits, Fees and Licenses decreased 8.32% or $36,000 due to declines in building inspection and electrical inspection fees. Fines and Forfeitures are below prior year collections by 5.89% or $26,000. The decline is due to decreased collections of General District Court fines. This decrease is partially offset by an increase in parking ticket revenue. Revenue from Use of Money and Property declined 7.62% or $47,000. 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 Commonwealth decreased 8.32% or $1,431,000. This decline is due in part the omission of state funding for the operation ora juvenile detention home. In fiscal year 2001, the City no longer receives State funding due to our participation in a regional juvenile detention home. Jail block grant, VJCCCA and CSA have also decreased due to timing differences. Grants-in-Aid Federal Government increased 100.58% or $9,000 due to a timing difference in the receipt of FEMA revenue. Charges for Services rose $255,000 or 14.55% due to an increase in weed cutting and demolitions charges. These revenues were down in FY2000, compared to historical performance. Honorable Mayor and Members Roanoke City Council February 5, 2001 Page 2 Miscellaneous Revenue is up $26,000 or 22.68% resulting from having two surplus 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 surplus vehicles necessitated the additional sale in the current fiscal year. EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have increased 6.81% or $6,193,000 since FY00. Variances in individual expenditure categories are discussed as follows: General Government expenditures have increased 6.42% or $344,000, as a result of the incorporation of Assistant i ' ' C tyManagers expend~tures that were previ~us~y ac~unted f~r in their ~wn departments and increased expenditures in the Commissioner of the Revenue's department related to the Personal Property Tax Relief Act. Judicial Administration expenditures are up $335,000 or 14.58%. Juvenile and Domestic Relations Court Services costs to house children detained by the courts have increased from the prior year. Beginning in June 2000, children detained by the court are 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. .Commun. ity Development expenditures have gone up 19.84% or $360,000. This is due to across the board increases :n the Planning and Code Enforcement Department related to its recent re-organization and the opening of a new office at an off-site location for the Department of Economic Development. Transfer to Debt Service Fund is up $1,084,000 or 14.71% 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. Transfer to School Fund is up 7.48% or $1,607,000 as a result in the increase in local funding of the schools and the appropriation of $613,714 of the $1,508,691 in CMERP funds allocated to the schools. Nondepartmental expenditures increased 33.64% or $1,692,000. Transfers to the Capital Projects Fund increased due to transfers of funding for Greater Gainsboro property acquisition, infrastructure and garage. Funds were also transferred for the new police building and various other capital projects. I would be pleased to answer questions which City Council may have regarding the monthly financial statements. JDG/AFS Attachments /- Director of Finance CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY DECEMBER 31, 2000 Transfer Number Date General Fund: CMT-382 07/11/00 CMT-885 07/12/00 C MT-908 09/19/00 C M T-432 10/02/00 CMT-935 11/09/00 CMT-937 11/14/00 CMT-435 12/11/00 CMT-436 12/11/00 CMT-955 12/21/00 Capital Pro_iects Fund: CMT-911 10/02/00 C MT-962 1 2/22/00 From Portrait of Dr. Noel C. Taylor After Prom parties 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 Drainage problems at 4038 Vermont To cover additional project expenses Contingency* City Manager Contingency* Amount Purchasing $ 4,500 Memberships and Affiliations 3,000 Memberships and Affiliations 20,000 Memberships and Affiliations City Attomey Memberships and Affiliations Director of Human Services Planning and Code Enforcement Economic Development Contingency* Social Services Administration Pay Raise/Supplemental Pay Raise/Supplemental Memberships and Affiliations City Manager ClP Reserve - Storm Drains ClP Reserve - Parks ClP Reserve - Buildings Total General Fund $ Miscellaneous Storm Drainage $ Mill Mountain Park Improvements Mill Mountain Park Improvements Total Capital Projects Fund $ 1,800 37,700 3,500 13,700 119,200 10,321 755 245 11,321 Available Confine_ en;y 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 Available Contingency at December 31, 2000 Contingency Contingency Emergency Management Services Purchasing Deparl~nent $ 420,244 (49,500) (16,590) (35,442) $ 318,712- CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July I - Dec 31 July I - Dec 31 Percentage Revenue Estimate Revenue Source 1999-2000 2000-2001 of Change Estimates Received General Property Taxes $24,191,156 $25,255,791 4.40 % $57,545,438 43.89% Other Local Taxes 18,789,440 19,302,926 2.73 % 55,834,655 34.57% Permits, Fees and Licenses 432,524 396,548 (8.32) % 729,250 54.38% Fines and Forfeitures 434,912 409,283 (5.89) % 864,500 47.34% Revenue from Use of Money and Property 620,469 573,171 (7.62) % 1,124,863 50.95% Grants-in-Aid Commonwealth 17,190,033 15,759,387 (8.32) % 61,662,779 25.56% Grants-in-Aid Federal Government 8,565 17,180 100.58 % 34,260 50.15% Charges for Services 1,751,248 2,005,987 14.55 % 3,634,660 55.19% Miscellaneous Revenue 114,692 140,702 22.68 % 346,500 40.61% Internal Services 1,210,337 1,173,529 (3.04) % 2,350,111 49.94% Total $64,743,376 $66,034,604 0.45 % $184,127,016 35.32% STATEMENT OF EXPENDITURES AND ENCUMBRANCES ExDenditure$ General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Date for the Period July I - Dec 31 July I - Dec 31 Percentage Unencumbered 1999-2000 2000-2001 of Change Balance $5,360,226 2,297,382 21,307,397 12,705,997 11,150,378 2,488,773 1,816,312 7,369,394 21,479,607 5,028,877 $5,704,309 2,632,283 21,805,335 13,326,617 10,841,170 2,450,741 2,176,727 8,453,298 23,086,430 6,720,535 Current Fiscal Year $91,004,343 $97,197,445 Percent of Revised Budget Appropriations Obligated 6.42 % $6,556,744 $12,261,053 46.52% 14.58 % 3,705,935 6,339,218 41.52% 2.34 % 23,358,774 45,164,109 48.28% 4.88 % 10,878,235 24,204,852 55.06% (2.77) % 16,313,961 27,155,131 39.92% (1.53) % 2,367,640 4,818,381 50.86% 19.84 % 1,927,277 4,104,004 53.04% 14.71 % 3,656,501 12,109,799 69.81% 7.48 % 22,172,716 45,259,146 51.01% 33.64 % 1,706,050 8,426,585 79.75% 6.81% $92,644,833 $189,842,278 61.20% CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Year to Date for the Period July I - Dec 31 July I - Dec 31 Percentage Revenue Sour¢e 1999-2000 2000-2001 of Change State Sales Tax $3,672,812 $3,721,124 (1.32) % Grants-in-Aid Commonwealth 17,693,539 19,371,751 9.48 % Grants-in-Aid Federal Government 757,281 1,095,953 44.72 % Charges for Services 1,163,472 950,255 (17.47) % Transfer from General Fund 21,479,607 23,086,430 7.48 % Special Purpose Grants 4,185,210 5,683,893 35.81% Total $48,951,921 $53,919,406 10.15 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $9,040,476 41.16% 42,057,082 46.06% 2,891,748 37.90% 3,526,973 27.23% 45,259,146 51.01 % 6,536,685 NA $109,312,110 49.33% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Ex_Denditures 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 - Dec 31 1999-2000 $32,603,296 1,671,085 1,716,146 4,533,265 1,954,805 1,980,866 4,124,193 6,686,525 July I - Dec 31 2000-2001 $33,805,272 1,861,820 1,676,276 4,679,383 2,083,780 1,815,070 5,051,802 6,536,685 Percentage of Change 3.69 % 11.41% (2.32) % 3.22 % 6.60 % (8.37) % 22.49 % (2.24) % 4.05 % $55,270,181 $57,510,088 Current Fiscal Year Unencumbered Balance $40,161,069 2,280,798 1,974,803 5,680,433 2,441,491 320,228 702,391 Revised Appropriations $73,956,341 4,142,618 3,651,079 10,359,816 4,525,271 2,135,298 5,754,193 6,536,685 Percent of Budget Obligated 45.70% 44.94% 45.91% 45.17% 46.05% 85.00% 87.79% NA $53,561,213 $111,071,301 51.78% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF DECEMBER 31, 2000 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 Unobligated Budget To Date Balance Encumbrances Balance $16,177,460 2,500,000 14,256,118 20,589,865 5,335,645 10,659,668 7,916,331 26,225,931 2,201,725 4,241,660 3,971,606 $7,893,306 2,500,000 8,267 879 12,962 717 1,408 774 7,323 131 3,621 997 22,588 389 1,290 184 3,282 948 $8,284,154 $5,284,967 $2,999,187 5,988,239 42,325 5,945,914 7,627,148 245,196 7,381,952 3,926,871 609,919 3,316,952 3,336,537 2,627,206 709,331 4,294,334 347,369 3,946,965 3,637,542 2,131,193 1,506,349 911,541 291,235 620,306 958,712 296,045 662,667 3,971,606 3,971,606 $114,076,009 $71,139,325 $42,936,684 $11,875,455 $31,061,229 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF DECEMBER 31, 2000 Elementary Schools Renovation Middle Schools Renovation Other Renovation Projects Technology Improvements Interest Expense Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $12,876,420 $7,929,959 13,759,294 13,679,465 5,434,905 4,002,306 781,786 781,786 262,929 305,545 1,301,271 $4,946,461 $4,540,059 $406,402 79,829 74,925 4,904 1,432,599 1,147,614 284,985 (42,616) 1,301,271 $34,416,605 $26,699,061 $7,717,544 $5,762,598 (42,616) 1,301,271 $1,954,946 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 6 MONTHS ENDING DECEMBER 31, 2000 Interest Revenue: Interest on Bond Proceeds Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: FEMA - Regional Mitigation Project Commonwealth: Virginia Transportation Museum - ISTEA VDES - 1998 Regional Mitigation 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 InSystems Incorporated - Land Sale Westview Terrace - Land Sale Total Revenue from Third Parties Other Revenue: Transfers from General Fund Transfers from Water Fund Transfers from Sewage Fund Transfers from Management Services Fund General Obligation Bond Proceeds - Sedes 1999 Total Other Revenue Total $916,706 559,323 1,476,029 231,892 3,733 235,625 36,055 1,260 7 125,110 162,432 3,035,758 2,900 12,600 100,000 3,151,258 $5,025,344 FY 2000 $673,949 471,724 1,145,673 196,046 196,046 8,400 950,000 11,000 969,400 1,943,322 27,038,000 28,981,322 $31,292,441 5 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDING DECEMBER 31, 2000 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 Interest and Fiscal Charges Transfer from General Fund Transfer to Capital Projects Fund Net Nonoperating Expenses Net Income (Loss) FY 2001 $1,933,048 1,778,651 126,807 10,033 15,456 111,584 4,800 218,018 1,722,616 5,921,013 1,944,998 2,069,696 846,457 4,861,151 1,059,862 225,422 31,969 6,583 (563,279) (2,900) (302,205) $757,657 FY 2000 $1,621,831 1,573,235 119,170 12,380 6,986 828,882 98,889 4,403 340,241 1,408,670 6,014,687 2,057,124 2,829,241 846,335 5,732,700 281,987 185,060 33,928 14,389 (609,490) 25,000 (351,113) ($69,126) 6 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDING DECEMBER 31, 2000 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 $3,770,633 $3,785,289 443,926 433,465 122,305 66,600 458,476 357,978 74,732 65,006 131,503 86,506 35,917 47,277 Total Operating Revenues 5,037,492 4,842,121 Operating Expenses Personal Services Operating Expenses Depreciation 915,190 930,120 2,969,802 2,654,737 594,186 579,936 Total Operating Expenses 4,479,178 4,164,793 558,314 677,328 Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges (1) Miscellaneous Revenue Transfer to Capital Projects Fund 207,381 219,506 (387,269) - - 10,296 (12,600) Net Nonoperating Revenues (Expenses) (192,488) 229,802 $365,826 $907,130 Net Income (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. CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDING DECEMBER 31, 2000 Operating Revenues Rentals Event Expenses Admissions Tax Electrical Fees Novelty Fees Facility Surcharge Facility 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 Income (Loss) FY 2001 $202 453 79 573 51 207 16 220 21 991 19 345 47 037 365,633 11,111 814,570 668,660 846,113 222,162 1,736,935 (922,365) 878,703 33,668 4,201 916,572 ($5,793) FY 2000 $133,378 55,283 78,699 5,966 18,341 84,475 189,173 5,392 11,167 581,874 629,324 608,324 202,981 1,440,629 (858,755) 870,903 26,941 756 898,600 $39,845 8 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDING DECEMBER 31, 2000 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 Operating Subsidy for GRTC Miscellaneous Net Nonoperating Revenues Net Income FY 2001 $171,321 220,518 106,828 226,867 195,183 34,860 955,577 325,687 273,055 598,742 356,835 761,358 12,427 (260,874) (226,161) 9,417 296,167 $653,002 FY 2000 $165,752 182,055 98,614 201,063 177,072 35,044 859,600 303,922 272,182 576,104 283,496 766,358 2,947 (271,477) (415,044) 1,102 83,886 $367,382 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDING DECEMBER 31, 2000 Operating Revenues Conference Center $ Total Operating Revenues Operating Expenses (3) Personal Services Fees for Professional Services Administrative Expenses Conference Center Total Operating Expenses Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Litigation Settlement Proceeds (4) Interest on Investments Rent, Taxes, Insurance, and Other Net Nonoperating Revenues (Expenses) Net Income Before Depreciation Depreciation Expense/Replacement Reserve Net Income (Loss) $ Notes to Financial Statement: (1) {2) (3) (4) FY 2001 CONFERENCE COMMISSION (1) CENTER (2) TOTAL FY 2000 - $ 1,830,198 $ 1,830,198 $ - 1,830,198 1,830,198 1,413,126 1,413,126 44,330 44,330 303,313 303,313 830 830 1,368,790 1,368,790 348,473 1,368,790 1,717,263 (348,473) 461,408 112,935 21,704 284,346 3,974 1,190,723 1,500,747 (87,621) 131,250 - 131,250 131,250 131,250 8,000,000 8,000,000 67,339 67,339 (20,599) (20,599) 8,329,839 (20,599) 8,309,240 7,981,366 440,809 8,422,175 227,554 91,510 319,064 7,753,812 $ 349,299 $ 8,103,111 87,500 87,500 26,437 (12,310) 189,127 101,506 316,731 (215,225) The column entitled "Commission" represents Commission activity in the City's financial records. The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. Expenses of $90,022 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. $8,000,000 have been appropriated for repair costs to the Hotel Roanoke Conference Center. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDING DECEMBER 31, 2000 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income {Loss) Nonoperatlng Revenues (Expenses) Interest Revenue Transfer To Other Funds Transfer From Other Funds Net Nonoperating Revenues (Expenses) Net Income (Loss) TOTALS Department of Materials Management Fleet Risk Technology Control Services Management Management FY 2001 FY 2000 $1,809,333 $110,795 $50,319 $2,373,595 $3,863,213 $8,207,255 $6,709,217 1,809,333 110,795 $0,319 2,373,598 3,863,213 8,207,255 6,709,217 956,292 53,854 14,125 612,458 89,203 1,725,932 1,599,158 633,817 10,125 30,670 503,911 4,309,670 5,488,193 4,362,188 151,504 9,525 976,141 - 1,137,170 1,146,962 1,741,613 63,979 54,320 2,092,510 4,398,873 8,351,295 7,108,308 67,720 46,816 (4,001) 281,085 (535,660) (144,040) (399,091) 124,476 452 6,382 26,512 349,066 506,888 418,222 (4,000) (100,000) (104,000) 1,091,205 - 1,091,205 596,729 1,211,681 452 (93,618) 26,612 349,066 1,494,093 1,014,951 $1,279,401 $47,268 ($97,619) $307,597 ($186,59a.} $1,350,053 $615,860 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED DECEMBER 31, 2000 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 DECEMBER 31, 2000. BALANCE AT BALANCE AT BALANCE AT FUND NOV 30, 2000 RECEIPTS DISBURSEMENTS DEC 31, 2000 DEC 31, 1999 GENERAL $302,525.87 $9,388,649.02 $13,535,709.06 ($3,844,534.17) WATER 7,279,281.07 509,708.83 127,135.93 7,661,853.97 SEWAGE 6,995,258.41 1,412,842.15 1,148,877.76 7,259,222.80 CIVIC CENTER 748,038.91 215,899.94 394,719.65 569,219.20 TRANSPORTATION 172,468.68 188,619.85 77,902.48 283,186.05 CAPITAL PROJECTS 44,745,638.62 312,590.05 1,686,042.22 43,372,186.45 CONFERENCE CENTER 8,810,759.21 0.00 91,225.38 8,719,533.83 RKE VALLEY DETENTION COMM 4,126,594.47 94,721.46 401,738.57 3,819,577.36 DEBT SERVICE 13,375,906.69 60,102.69 0.00 13,436,009.38 DEPT OF TECHNOLOGY 4,026,933.84 172,928.58 141,984.97 4,057,877.45 MATERIALS CONTROL 43,757.49 126,416.07 66,062.53 104,111.03 MANAGEMENT SERVICES 154,423.04 8,059.20 698.55 161,783.69 FLEET MANAGEMENT 1,154,752.16 34,361.18 108,054.36 1,081,058.98 PAYROLL (11,413,089.26) 14,178,377.42 16,309,333.34 (13,544,045.18) RISK MANAGEMENT 11,602,992.53 504,359.44 484,726.31 11,622,625.66 HIGHER EDUCATION AUTH 0.00 0.00 0.00 0.00 PENSION (255,117.07) 2,326,197.28 1,169,860.49 901,219.72 SCHOOL FUND 11,404,663.64 4,567,261.91 6,427,425.05 9,544,500.50 SCHOOL CAPITAL PROJECTS 2,438,361.98 1,373,455.54 473,737.93 3,338,079.59 SCHOOL FOOD SERVICE (405,019.29) 1,276,894.20 213,628.32 658,246.59 FDETC (20,038.45) 141,753.34 75,742.23 45,972.66 'GRANT 1,166,448.25 449,766.81 475,697.43 1,140,517.63 ($2,731,995.49)I 7,133,086.90 8,207,860,921 581,233.48i (236,088.14)I 52,365,568.06 1,106,676.82 6,849,237.74 12,528,451.26, 3,494,050.52 i (33,235.06)i 250,944.76 1,529,824.23 (12,613,128.19) 10,633,559.32 43.89 1,027,713.73 9,045,641.73 4,429,147.92 0.00 74,517.78 1,397,740.82 TOTAL $106,455,540.79 $37,342,964.96 $43,410,302.56 $100,388~203.19 $105,040,853.00 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED DECEMBER 31,2000. 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 $16,422.57 1,778,964.98 1,544,000.00 18,045,426.24 12,939,254.44 4,998,500.00 18,982,751.40 17,000,000.00 3,356,344.69 21,726,538.87 $100,388,203.19_ DATE: JANUARY 10, 2001 DAVID C. ANDERSON, TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE SlX MONTHS ENDING DECEMBER 31, 2000 Revenue Contributions Investment Income Net Appreciation in Fair Value of Investments Bond Discount Amortization Total Revenue FY 2001 $1,900,972 4,110,590 (8,556,777) 26,032 ($2,S19,183) FY 2000 $2,352,418 4,339,849 12,960,003 17,858 $19,670,128 Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to Age 65 Total Expenses Net Gain (Loss) $6,247,622 259,499 54,824 239,189 134,832 6,935,966 ($9,455,149) $5,666,943 293,236 77,932 216,546 94,128 6,348,785 $13,32%343 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET DECEMBER 31, 2000 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets FY 2001 $852,557 341,930,848 1,749 5,097 $342,790,251 FY 2000 $1,027,043 356,512,393 17,490 18,000 $357,574,926 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 $1,314,632 1,623 1,316,255 350,929,145 (9,455,149) 341,473,996 $342,790,251 $1,181,566 1,181,566 343,072,017 13,321,343 356,393,360 $357,574,926 14 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk February 12, 2001 File #60-67-353 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35206-020501 amending and reordaining certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, to provide for transfer of $48,220.00 to remodel four City recreation centers (Mountain View, Buena Vista, Preston and Eureka) for compliance with the Americans with Disabilities Act. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc; Darlene L. Burcham, City Manager William M. Hackworth, City Attorney George C. Snead, Jr., Assistant City Manager for Community Development Wanda B. Reed, Acting Director, Parks and Recreation Philip C. Schirmer, City Engineer L. Bane Coburn, Project Manager D. Darwin Roupe, Director, General Services N:\CKSH1~Agendas 2001\Corresp Feb 5 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35206-020501. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and 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 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Works $ Building Maintenance (1) ................................... Nondepartmental $ Transfers to Other Funds (2) ................................ 24,156,632 4,548,774 65,849,885 66,288,437 Capital Projects Fund Appropriations Parks, Recreation, and Cultural Remodel Recreation Centers (3) ............................. Revenues Nonoperating Transfers from Other Funds (4) .............................. 1) Maintenance of Fixed Assets 2) Transferto C~pital Pr~ects Fund (001-440-4330-3057) (001-250-9310-9508) $ (48,220) 48,220 $ 7,975,051 48,220 $ 3,469,978 3,469,978 3) Appropriation from General Revenue 4) Transfer from General Fund (008-530-9763-9003) (008-110-1234-1037) 48,220 48,220 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. February 5, 2001 .a. '0' , .... Offi~e~ o;f the City Manager Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Bid Committee Report Remodel Recreation Centers for ADA Compliance Bid No. 00-11-38 Background: After proper advertising, bids were received to remodel four (4) City recreation centers (Mountain View, Buena Vista, Preston and Eureka) to be in compliance with the Americans with Disabilities Act requirements and the contract documents as prepared by the Office of the City Engineer. Four (4) bids were received with JMW, Inc., 2578 Stoney Battery Road, Troutville, Virginia 24175, submitting the Iow bid in the amount of $39,480.00. The construction time was specified as seventy-five (75) consecutive calendar days. Considerations: Funding in the amount of $48,220.00 is available in account number 001-440-4330- 3057 and needs to be transferred to a new capital account entitled "Remodel Recreation Centers". Contract Amount Contingency Asbestos and Lead Abatement Reproduction Costs Advertisement $39,480.00 4,000.00 4,200.00 180.00 360.00 Total Recommended Actions: Accept the above bid and award a lump sum contract for the above work with JMW, Inc. in the amount of $39,480.00 and 75 consecutive calendar days of contract time, with a project contingency of $4,000.00, and provide $4,200.00 for asbestos and lead abatement, $180.00 for reproduction costs and $360.00 for advertising fees. The City Manager is authorized to execute the required contract since it is under $75,000. 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 Bid Committee Report Remodel Recreation Centers for ADA Compliance Bid No. 00-11-38 February 5, 2001 Page 2 Transfer funding of $48,220.00 to a new account to be established in the Capital Projects Fund entitled "Remodel Recreation Centers". Reject the other bids received. Respectfully Submitted, William H. Carder W. Alvin Hudson Philip (~. Schirmer I concur in the recommendation of the Bid Committee and recommend it to you for approval. Res(j~ectfully submitted, ~ m DLB/LBC/bls Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance D. Darwin Roupe, Director of General Services #CM01-0005 ATTACHMENT 1 TABULATION OF BIDS REMODEL RECREATION CENTERS FOR ADA COMPLIANCE BID NO. 00-11-38 Bids were opened by D. Darwin Roupe, Director of General Services, on Thursday, December 21,2000, at 2:00 p.m. JMW, Inc. $39,480 Yes U.S. Construction Co. of Roanoke $48,600 Yes Bruce Roy Construction (t/a Rooster, Inc.) $62,283 Yes Estimated Cost: $45,000 - $50,000 Office of the City Engineer Roanoke, Virginia February 5, 2001 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 February 12, 2001 File #60-67-353 STEPHANIE M. MOON Deputy. City Clerk Kenneth L. Wyant, Owner Wyant Construction Co., Inc. 329 Brushy Mountain Rs. Gretna, Virginia 24557 Dear Mr. Wyant: I am enclosing copy of Ordinance No. 35208-020501 accepting the bid of Wyant Construction Co., Inc.; in the amount of $98,950.00, for remodeling seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal Springs) to be in compliance with the Americans with Disabilities Act requirements, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Community Development Wanda B. Reed, Acting Director, Parks and Recreation Philip C. Schirmer, City Engineer L. Bane Coburn, Project Manager D. Darwin Roupe, Director, General Services N :\CKSH l~Agendas 2001\Corresp Feb 5 2001 .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 February 12, 2001 File #60-67-353 STEPHANIE M. MOON Deputy City Clerk Acorn Construction, Ltd. Breakell, Inc. Construction Services of Roanoke, Inc. Bruce Roy U. S. Construction Co. of Roanoke Ladies and Gentlemen: I am enclosing copy of Ordinance No. 35208-020501 accepting the bid of Wyant Construction Co., Inc., in the amount of $98,950.00, for remodeling seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal Springs) to be in compliance with the Americans with Disabilities Act requirements, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovementioned measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. On behalf of the Members of Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure N:\CKSHl~gendas 2001\Cocresp Feb 5 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35208-020501. AN ORDINANCE accepting the bid of Wyant Construction Company, Inc. for remodeling seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal Springs) to be in compliance with the Americans with Disabilities Act requirements, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Wyant Construction Company, Inc. in the amount of $98,950.00 for remodeling seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal Springs) to be in compliance with the Americans with Disabilities Act requirements, as is more particularly set forth in the City Manager's letter dated February 5,2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. [ :\Clerk\01 - 102m-02501 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk l:\Clerk\01 - 102m-02501 CITY OF ROANOKE OffiCe of the City Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #60-67-353 Stephanie M. Moon Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35207-020501 amending and reordaining certain sections of the 2000-2001 Capital Projects Fund Appropriations, to provide for transfer of $113,000.00, to remodel seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal Springs) for compliance with the Americans with Disabilities Act. The abovementioned measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney George C. Snead, Jr., Assistant City Manager for COmmunity Development Wanda B. Reed, Acting Director, Parks and Recreation Philip C. Schirmer, City Engineer L. Bane Coburn, Project Manager D. Darwin Roupe, Director, General Services N:\CKSHl~Agendas 2001\Corresp Feb 5 2001.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35207-020501. 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~oropdations Parks, Recreation, and Cultural $ 7,916,331 Replace Comfort Stations (1) .................................. 306,750 Remodel Park Shelters for ADA Compliance (2) ................... 113,000 1 ) Appropriated from 1999 Bonds 2) Appropriated from 1999 Bonds (008-620-9742-9001) (008-530-9764-9001) $ (113,000) 113,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 6.b. Office of the City Manager February 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of CoUncil' Subject: Bid Committee Report Remodel Park Shelters for ADA Compliance Bid No. 00-09-01 Background: After proper advertising, bids were received to remodel seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal Springs) to be in compliance with the Americans with Disabilities Act requirements and the contract documents as prepared by the Office of the City Engineer. Six bids were received with Wyant Construction Company, Inc., 329 Brushy Mountain Road, Gretna, Virginia 24557, submitting the Iow bid in the amount of $98,950.00 and 75 consecutive calendar days of contract time. Considerations: Funding in the amount of $113,000.00 is available in "Replace Comfort Stations" account number 008-620-9742. This funding is part of a total amount of approximately $420,000.00 appropriated to the account in August, 2000 from the issuance of 1999 bonds. Contract Amount Contingency Lead Paint and Asbestos Abatement $ 98,950.00 9,050.00 5,000.00 Total $113,000.00 Recommended Actions: Accept the above bid and award a lump sum contract for the above work with Wyant Construction Company, Inc. in the amount of $98,950.00 and 75 consecutive calendar days of contract time, with a project contingency of $9,050.00, and provide $5,000.00 for Lead Paint and Asbestos Abatement. Authorize the City Manager to enter into a contractual agreement for the same, in a form approved by the City Attorney. Transfer funding of $113,000 to a new account to be established in the Capital Projects Fund entitled "Remodel Park Shelters for ADA Compliance". Reject the other bids received. Room 304 Municipal South 215 Church Avenue, S.W Roanoke, Virginia 24011-1591 CityWeb:www. ci.roanoke,va.us (540) 853-2333 FAX (540) 853-1138 Bid Committee Report Remodel Park Shelters for ADA Compliance Bid No. 00-09-01 February 5, 2001 Page 2 Respectfully Submitted, W. Alvin Hudson I concur in the recommendation of the bid committee and recommend it to you for approval. Respectfully submitted, City Manager DLB/LBC/bls Attachment C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance D. Darwin Roupe, Director of General Services 01-102 ATTACHMENT 1 TABULATION OF BIDS REMODEL PARK SHELTERS FOR ADA COMPLIANCE BID NO. 00-09-01 Bids were opened by D. Darwin Roupe, Director of General Services, on Wednesday, November 22, 2000, at 2:00 p.m. Wyant Construction Company, Inc. $ 98,950 U.S. Construction Co. of Roanoke $114,600 Breakell, Inc. $122,938 Construction Services of Roanoke, Inc. $134,120 Acorn Construction, Ltd. $175,600 Bruce Roy $196,444 Estimated Cost: $100,000- $120,000 Office of the City Engineer Roanoke, Virginia February 5, 2001 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us February 12, 2001 File #60-123 STEPHANIE M. MOON Deputy City Clerk Lawrence D. Johnson, Jr., President Construction Services of Roanoke, Inc. 3812 Concord Place Roanoke, Virginia 24018 Dear Mr. Johnson: I am enclosing copy of Ordinance No. 35210-020501 accepting the bid of Construction Services of Roanoke, Inc., in the amount of $128,000.00, for renovation of the public access elevator at the City Jail, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Philip C. Schirmer, City Engineer D. Darwin Roupe, Director, General Services Barry L. Key, Director, Department of Management and Budget N:\CKSH l~Agendas 2001\Corresp Feb 5 2001 .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 February 12, 2001 File #60-123 STEPHANIE M. MOON Deputy City Clerk Dewey G. Lusk, Jr., President Structures & Utilities Co., Inc. P. O. Box 2218 Christiansburg, Virginia 24068 Dear Mr. Lusk: I am enclosing copy of Ordinance No. 35210-020501 accepting the bid of Construction Services of Roanoke, Inc., in the amount of $128,000.00, for renovation of the public access elevator at the City Jail, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. On behalf of the Members of Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure N:\CKSH l~Agendas 2001 \Corresp Feb 5 2001.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35210-020501. AN ORDINANCE accepting the bid of Construction Services of Roanoke, Incorporated for renovation of the public access elevator at the City Jail, 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. WHEREAS, the lowest responsive and responsible bid for the above work exceeded available funds; and WHEREAS, pursuant to the bid documents, a cost reduction was negotiated with the low bidder and a negotiated bid in the total amount of $128,000 was agreed to by Construction Services of Roanoke, Incorporated for the contract. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The negotiated bid of Construction Services of Roanoke, Incorporated in the amount of $128,000 for renovation of the public access elevator at the City Jail, as is more particularly set forth in the City Manager's letter dated February 5,2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its l:\Clerk\jail elevator proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk l:\Clerk\jail elevator CITY OF ROANOKE Office of the C~ty Clerk Mary F. Parker, CMC City Clerk February 12, 2001 File #60-123 Stephanie M. Moon Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35209-020501 amending and reordaining certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, providing for transfer of $139,340.00 to renovate the public access elevator at the City Jail. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: The Honorable George M. McMillan, Sheriff Darlene L. Burcham, City Manager Philip C. Schirmer, City Engineer D. Darwin Roupe, Director, General Services Barry L. Key, Director, Department of Management and Budget N:\CKSHl~Agendas 2001\Corresp Feb 5 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 2001. No. 35209-020501. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and 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 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Judicial Administration Juvenile and Domestic Relations Court Services (1) ............... Public Safety Jail (2) .................................................. Nondepartmental Transfers to Other Funds (3) ................................. Capital Projects Fund Appropriations Public Safety Jail Elevator Renovation (4) .................................. Capital Improvement Reserve Capital Improvement Reserve (5) ............................. Revenues Nonoperating Transfers from Other Funds (6) ............................... $ 6,195,010 1,473,753 $ 45,103,769 9,701,954 $ 65,969,225 66,407,777 $ 10,799,008 139,340 $ 3,951,606 352,177 $ 3,589,318 3,589,318 1 ) Residential/Detention Services 2) Construction Other 3) Transfer to Capital Projects Fund 4) Appropriation from General Fund 5) Buildings 6) Transfer from General Fund (001-121-2130-2008) (001-140-3310-9065) (001-250-9310-9508) (008-530-9677-9003) (008-052-9575-9173) (008-110-1234-1037) 59,000) 60,340) 19,340 39,340 20,000) 19,340 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. February 5, 2001 .C. Office of the City Manager Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Bid Committee Report Jail Elevator Renovation Bid No. 00-11-52 Background: The project consists of the renovation of the existing public access elevator at the City Jail. New elevator equipment is proposed, along with modifications to meet applicable building codes and ADA requirements. After proper advertising, bids were received on Tuesday, December 19, 2000. Two (2) bids were received with Construction Services of Roanoke, Incorporated, 3812 Concord Place, Roanoke, Virginia, 24018, submitting the Iow bid in the amount of $129,500. The lowest responsive and responsible bid mentioned above exceeded available funds. Therefore, in accordance with the bid documents, the Office of the City Engineer negotiated a cost reduction of $1,500 with the Iow bidder. The negotiated contract price is now $128,000 for the project. The construction time was specified as ninety (90) consecutive calendar days. The project contingency will be $11,340. Considerations: Funding in the amount of $65,000 was initially placed in the Jail operating account number 001-140-3310-9065. The project will require additional funding in the amount of $79,000 from other accounts. Total funding for the project will be $139,340, which includes a project contingency of $11,340, which is approximately 9% of the cost. Funding is available in the following accounts: Jail- Construction Other 001-140-3310-9065 $ 60,340 Capital Improvements Reserve - Building 008-052-9575-9173 20,000 Residential Detention Services 001-121-2130-2008 59,000 Total $139,340 Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginic] 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va,us Bid Committee Report Jail Elevator Renovation Bid No. 00-11-52 February 5, 2001 Page 2 Utilization of bed space at the Roanoke Valley Detention Commission has been lower than anticipated resulting in funding being available for reallocation. The Capital Improvements Reserve - Building is a central account in the Capital Fund where unspent capital funds are transferred upon capital project closeout. Recommended Actions: Accept the above negotiated bid and award a lump sum contract for the above work with Construction Services of Roanoke, Incorporated in the amount of $128,000 and 90 consecutive calendar days for completion of the work, with a project contingency of $11,340. Authorize the City Manager to enter into a contractual agreement for the same, in a form approved by the City Attorney. Transfer $60,340 from Jail- Construction Other, account number 001-140-3310-9065; $20,000 from Capital Improvements Reserve - Building, account number 008-052-9575- 9173; and $59,000 from Residential Detention Services, account number 001-121-2130- 2008, to a new Capital Improvements Account to be established by the Director of Finance entitled "Jail Elevator Renovation". Reject the other bid received. Respectfully submitted, W~lliam H. Carder W. Alvin Hudson Bid Committee Report Jail Elevator Renovation Bid No. 00-11-52 February 5, 2001 Page 3 I concur in the recommendation of the Bid Committee and recommend it to you for approval. Respectfully submitted, City Manager ~ DLB/TVVK/bls Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance D. Darwin Roupe, Director of General Services #CM01-0006 ATTACHMENT 1 TABULATION OF BIDS JAIL ELEVATOR RENOVATION BID NO. 00-11-52 Bids were opened by D. Darwin Roupe, Director of General Services, on Tuesday, December 19, 2000, at 2:00 p.m. Construction Services of Roanoke, Incorporated Yes Yes $129,500 * Structures & Utilities Co., Inc. Yes Yes $143,000 * Negotiated to $128,000 Office of the City Engineer Roanoke, Virginia February 5, 2001 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk February 12, 2001 File #57-468 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35211-020501 providing for acquisition of certain property rights needed by the City for the Aspen/Hershberger portion of the Cove Road Sidewalk Project; setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and dispensing with the second reading of Ordinance No. 35211-020501 by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc; James D. Grisso, Director of Finance Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator N:\CKSHl~gendas 2001\Corresp Feb 5 2001.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35211-020501. AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the AsperffHershberger portion of the Cove Road Sidewalk Project; setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the construction of sidewalks, curb and gutters for the Aspen/Hershberger portion of the Cove Road Sidewalk Project, the City wants and needs certain property rights across property bearing Official Tax Nos. 2460103, 2460204, 2560135, 2460144, 2460143, 2460142, 246102, 2460111,2560133, 2560151 and 2560134, as set forth in the report and attachment thereto of the Water Resources Committee dated February 5, 2001. The proper City officials are authorized to acquire these property rights for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon lbrrn approved by the City Attorney. 2. A public necessity and use exists for the acquisition of the property rights and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is directed on behalf of the City to offer the landowners such consideration for the property rights as deemed appropriate; provided, however, the total consideration offered or expended and any and all necessary closing costs, including but not limited to appraisals, title reports, preparation of necessary documents and recordation costs, shall not exceed $20,000.00 without further authorization of Council. Upon the acceptance of an offer and upon delivery to the City of deeds, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree with the landowners as to the compensation to be paid for acquisition of such property rights, or other terms of purchase or settlement, or should the owners be persons under a disability lacking capacity to convey said property rights, or should the whereabouts of the owners be unknown, the City Attorney ii authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 5. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for a right of entry pursuant to Section 25-46.8 or Section 33.1-119 of the Code of Virginia (1950), as amended, for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the appropriate sums in connection with such proceedings. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. N ~,CA DC~Measures\O- LA -Cove Road (sidewalks)-02-05-O 1 6.d. Office of the City Manager Roanoke City Council Regular Agenda Report February 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Property Rights Acquisition for Cove Road Sidewalk The attached staff report was considered by the Water Resources Committee at its regular meeting on January 16, 2001. The Committee recommends that Council authorize the City Manager to execute the appropriate documents to accomplish the acquisition of all property rights necessary for the construction of the project, in a form acceptable to the City Attorney. Said property rights may be acquired, following a satisfactory environmental site inspection, by negotiation or eminent domain and include permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc. Re~ectfully submit-~d,/ Linda F. Wyatt, Chairperson Water Resources Committee LFW:sf Attachments: 1 CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va,us January 16,2001 To: From: Subject: Members, Water Resources Co/~~ Sa~. Fitton, Engin~eerir/~t ~ator t;romp~art~e~ihLt;B;;/~~~age~ition for Cove RL Sidewalk Background: Increased traffic along Cove Road is creating concern for pedestrian safety. Traffic is likely to continue to increase. City staff has identified an area along Cove Road between Lafayette and Hershberger that would benefit from the construction of sidewalk, curb, and gutter. Last year the section between Lafayette and Aspen was completed. Plans for the proposed improvements have been sufficiently finalized to identify the property rights that will be required for the section between Aspen and Hershberger. Authorization is needed to move forward with acquisition of the necessary property dghts. See Attachment 1 for a list of parcels, and Attachment 2 for a map of the properties affected. Considerations: New concrete sidewalks, entrances, curb and gutter improvements were approved as part of the 1996 Bond Issue. Project costs for acquisition of property rights is estimated to be $10,000. Sufficient funding is available in Sidewalk & Curbs, Phase 3, Account No. 008-052-9542-9050. Recommended Action(s): Authorize the City Manager to execute the appropriate documents to accomplish the acquisition of all property dghts necessary for the construction of the project, in a form acceptable to the City Attorney. Said property rights may be acquired, following a satisfactory environmental site inspection, by negotiation or eminent domain and include permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc. DLB/-SEF #01-107 ~oom 364 Municipol South 215Churcl~ Avenue.$.W. ROanOke. Virginia 24011-1591 (540) 853-2333 FAX (54C) ~5~- !~ Cih/WeO:www. c~.roanoke.vQ.us Attachment(s): 2 CC; William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance H:\USER\COMMON\Council\Fitton\cove-sw. acq ATTACHMENT 1 COVE ROAD SIDEWALK PROJECT Tax No. 2460103 2460204 2560135 2460144 2460143 2460142 246O102 2460111 256O133 2560151 2560134 Property Owner Ruth V. Hurt Macedonia Baptist Church Trustees Harvey & Francis Gross Rebecca J. Stewart Brenda L. Woodliff · James Allen Tucker Betty Compton & Maurice Derrell Gordon & Jessye Ramsey Lee Hartman & Son, Inc. Lee Hartman & Son, Inc. Lee Hartman & Son, Inc. ATTACHMENT 2 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk February 12, 2001 File #2-468 William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: I am attaching copy of a report of the Water Resources Committee recommending that Council concur in a recommendation of the City Attorney with regard to the sale of vacated right-of-way, which report was before the Council of the City of Roanoke at a regular meeting on Monday, February 5, 2001. On motion, duly seconded and unanimously adopted, Council concurred in the recommendation. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator N:\CKSH l~Agendas 200 l\Corresp Feb 5 2001 .wpd S.s. Office of the City Manage~' Roanoke City Council Regular Agenda Report February 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Sale of Certain Vacated Right-of-Way The attached staff report was considered by the Water Resources Committee at its regular meeting on January 16, 2001. The Committee recommends that Council concur in the recommendation of the City Attorney with regard to the sale of vacated right-of-way. LFW:sf Attachments: I Cc: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Respectfully submitted, ,,. '-c,-~;~ F. Wyatt, Chairpers(Jn Water Resources Committee 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 WILLIAM M. HACKWORTH CITy A'I~ORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE. VIRGINIA 2401 1-1595 TELEPHONE: 540-$53-243 i FACSIMILE: 540-853-1221 E-MAIL: cityatty @ci,roanok¢. ya.us January 16, 2001 WILLIAM X PARSONS STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY A'~'ORNEY$ The Honorable Chair and Members Water Resources Committee City of Roanoke Roanoke, Virginia Re: Dear Chair and Members: .Sale of Certain Vacated Right-of-Way From time to time, the city vacates all or Portions of streets and alleys in the City which are no longer needed as public rights-of-way. When the City does this, it makes no representations as to who obtains title to the right-of-way when it is vacated. Normally, title vests to the center line of the right-of-way, to the adjacent property owners. However, title can also vest in others, such as the original subdivider of the property that created the right- of-way, the subdivider's successors in interest, the City itself, or it can vest in one or more of the adjacent property owners. The result depends upon such factors as when the right-of- way was platted (the law has evolved and changed over the years; many of the City's rights- of-way were created a long time ago), how it was platted, whether it was created as part of a subdivision or not, whether the City paid for the right-of-way, and other factors. See "Title to Vacated Streets in Virginia Cities and Towns", Virginia Bar News (April 1983). In 1979, the General Assembly adopted what is now § 15.2-2008, Code of Virginia, which provides as follows: "Notwithstanding any contrary provision of law, general or special, any locality, as a condition to a vacation or abandonment, may require the fractional portion of its public rights-of-way and easements to be purchased by any abutting property owner. The price shall be no greater than the property's fair market value or its contributory value to the abutting property, whichever is greater, or the amount agreed to by the parties. No such vacation or abandonment shall be concluded until the agreed price has been paid. If any abutting property owner does not pay for such owner's fractional portion within one year, or other time period made a condition of the vacation or The Honorable Chair and Members January 16, 2001 Page 2 abandonment, of the local government action to vacate or abandon, then the vacation or abandonment shall be void as to any such property owner." This provision authorizes localities, as a condition to the vacation ora right-of-way, · to require abutting property owners to pay the City a price "no greater than the property's fair market value or its contributory value to the abutting property, whichever is greater" (the values are often difficult to determine) or an amount otherwise agreed to by the parties. This provision is rarely used; I suspect the reason is that the statute seems to presume that a locality has title to a vacated right-of-way, when in fact it might not. Since vacation of a right-of-way is discretionary with localities, I suspect that this statute is used only in cases when a locality and the abutting property owners agree that consideration is to be paid and the amount is agreed upon. In my opinion, requiring the abutting property owners to pay for vacated right-of-way should not be a standard practice, and should be required only in limited cases, such as where the vacated right-of-way is unusually valuable or the abutting property owners would receive a windfall because they plan to sell the right-of-way, consolidate it with other parcels for development or subdivision, etc. I would recommend that City staff review each application to vacate right-of-way, and on a case-by-case basis, make a recommendation to Council whether the vacated right-of-way should be sold. If it is deemed appropriate to sell the right-of-way, the staff and the abutting property owners should come to agreement as to the expected price before the matter is brought to Council for action. I have shared this recommendation with the City Manager, who concurs in it. Please let me know ifI can be of any further assistance with regard to this matter. With kindest personal regards, I am WMH:f Sincerely yours, William M. Hackworth City Attorney CC: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk H:~.ETTER. U-wrcvacat e I S,f. Office of the City Manager Roanoke City Council Regular Agenda Report February 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Verizon Easement for New Police Building 348 Campbell Avenue, SW The attached staff report was considered by the Water Resources Committee at its regular meeting on January 16, 2001. The Committee recommends that Council authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, granting a fifteen-foot easement across City-owned property to Verizon. Said easement will be for the installation of underground facilities to provide telephone service to the new police building. Respectfully submitted, I. jhda F. Wyatt, Chairpers(~n Water Resources Committee LFW:sf Attachments: 1 CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Room 364 Municipal South 215 Church Avenue, S.W. Roonoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci.roanoke,va.us Office of the C;b ~?~ 3_ January 16,2001 To: From: Subject: Members, Water Resources C°mmi~'ee, ~ Sarah E. Fitton, Engineering (~oo~- thru Darlene L. Burcham~j?~~g'~ Verizon Easement for NeW Police Building 348 Campbell Avenue, SW Background: Verizon has requested a fifteen-foot easement across City-owned property identified by Tax No. 1011306 for the installation of underground facilities to provide telephone service to the new police building. For a sketch of the site, see Attachment #1. Recommended Action(s): Authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, granting a fifteen-foot easement across City-owned property to Verizon. Said easement will be for the installation of underground facilities to provide telephone service to the new police building, See Attachment #2. Attachments: 2 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance #00-201 Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) ~5~-' ' _~ CityWeD:www. ci. roanoke.va us CAAqP~.t.t.. /5' E~5&~ · Z IJOO lG C. SHEET BLVD., ROANOKe, VA. 24012 BURIED CABLE This Deed of Easement, made this day of ,20 VERIZON VIRGINIA,INC. hereinafter c~lled "GRANTE~' ~ between MUNICIPAL BLDG. - ROOM 350 215 W. CHURCH AV. ROANOKE VA. 24 I and successors or assigns hereinafter called "GRANTOR" WITNESSETH Received of the VERIZON VIRGINIA, INC. one dollar ($1.00) in consideration of which the undersigned hereby grant and convey unto said Company, its successors, assigns, lessees and agents, a right of way and easement to construct, operate, maintain, replace and remove a communication system consisting of such buried cables, buried wires, posts, terminals, location markers and other appurtenances, as the grantees may from time to time require, upon, under, across, and over the land which the undersigned own or in which the undersigned have any interest; said land being located in the of .0':_,t2'.2~ or City of ROANOitF, and State of Virginia, and upon, under, along and over the roads, streets and highways adjoining the said land. together with the following rights: Of ingress and egress over, under and across the lands of the undersigned to and from said systems for the purpose of exercising the rights herein granted; to open and close fences, cut down and keep cut down all trees and undergrowth within 5 feet of said system: and to permit the attachment of and to carry in said system the wires, cables, circuits and appurtenances of any other Company; including all electric wires. Said easement being located and described on said land as follows; PLACE TELEPHONE CABLE AND ASSOCIATED EQUIPMENT WITHIN A, 15 FT WIDE VERIZON RIGHT OF WAY AND EASEMENT. REFER TO THE SKETCH ATTACHED TO AND MADE A PART OF THIS RIGHT OF WAY AGREEMENT. 348 CAMPRFT.I. AY. RO Witness hand and seal this day of ,20 Grantor (Seal) Grantor (Seal) State of Virginia, of To Wit: I, of Virginia in and for the that signed to the within writing bearing date on the ,a has acknowledged the same before me in my prresence and State aforesaid. Given under my hand this day of ,20 NOTARY Of the State aforesaid, do hereby certify whose name is day of ,20 My commission expires Notary Public day of .20 RW# 88007 ORDER # LU00166 The ROa~oke'~Times R~oa~oke, Virginia Affid~vit of_ Publi~ation~ ~ ~_ T~ie RoanOke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01613586 15' east. Police Bld State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. ~~ Sworn and subscribed before me this _day of February ~001. Wit~es~my hand and official seal. Public My co mm is sion expires _~--~~_~7~_~ PUBLISHED ON: 02/18 TOTAL COST: 124.02 FILED ON: 02/21/01 Authorized ~_~___ ~~ Signature:__ , Billing Services Representative CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk February 12, 2001 File #66-144 Darlene L. Burcham City Manager Roanoke, Virginia William M. Hackworth City Attorney Roanoke, Virginia Dear Ms. Burcham and Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Monday, February 5, 2001, Vice-Mayor Carder expressed concern with regard to the proliferation of paper boxes in the downtown area, especially in the Historic District, and requested that the matter be referred to the City Manager and the City Attorney for review and report to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm N:\CKSH 1 ~Agendas 2001\Con'esp Feb 5 2001 .wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk February 12, 2001 File #166 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, February 5, 2001, Vice-Mayor Carder requested that an inventory be prepared listing all property owned by the City of Roanoke in the Roanoke Valley, the location, and proposed use of the property. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm N:\CKSH l~genda$ 2001 \Corresp Feb 5 2001 .wpd RALPH K, SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) .853-254l Fax: (540) 853-1145 February 5, 2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W, Alvin Hudson, Jr. William White, Sr. Linda E Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: As a part of our Council retreat in July 2000, Council concurred, in concept, with certain "House Rules/Code of Conduct" and "Proposed Protocols, Guidelines for Roanoke City Council." A committee composed of Mayor Smith, Council Member Harris, the City Manager and the City Clerk was appointed to refine the documents for review by Council. For your further review, I am attaching copy of the documents that were transmitted to Council last August. As a part of our February 5 Council meeting, under item 9.a. Inquiries and/or Comments by the Mayor and Members of Council, I would like to discuss the question of either adopting the documents in their present form, or referring them back to the committee for further refinement, following appropriate comment by the Members of Council. With kindest regards, I am Sincerely, Linda F. Wyatt Council Member LFW:MFP:sm Attachment pc: Darlene L. Burcham, City Manager HOUSE RULES/CODE OF CONDUCT Roanoke City Council Maintain confidentiality- the consequences of failing to maintain confidentiality following a Closed Meeting could result in public censure. Focus on issues, with no personal attacks or stereotyping of the person. Decide and move on to the next issue, with the understanding that four votes decide an issue. Agree to disagree, but look for agreement first. Focus on what is "best" for Roanoke and leave partisanship behind. Be brief and concise in comments and avoid beating the "issue". Come to the City Council meeting prepared by studying the Council agenda and asking questions prior to the Council meeting. Listen before judging and understand the other person's point of view. Treat all persons with respect, courtesy and fairness. Share information and talk with al__~l Members of Council. Adopted: February 5, 2001 Proposed Protocols, Guidelines for Roanoke City Council: Issue Routine/simple requests for information Research Requests: Sharing information: Questions regarding City Council agenda items: Spokesperson for the City: Consensus of Council Forward to the City Manager, or appropriate Council-Appointed Officer, for response. The City Manager, or appropriate Council-Appointed Officer, will be requested to provide Council with an estimate of the amount of staff time that will be required to respond to a specific request for research. As a general rule, if a Member of Council makes a request for information from any Council-Appointed Officer, and it is deemed by the officer to be useful to do so, the response should be shared with all Members of Council. Questions with regard to any item on the City Council agenda will be forwarded to the City Manager, and/or appropriate Council-Appointed Officer, prior to the City Council meeting. The Mayor will serve as spokesperson on behalf of the Council and the City Manager will serve as spokesperson on behalf of the City administration. The City Attorney will serve as the City's spokesperson on all legal matters. Requests, motions and communications by Council Members: All requests, motions, and communications submitted by Members of Council which require a vote of Council must be placed on the City Council agenda under Petitions and Communications. Requests to speak at City Council meetings: Those persons wishing to speak at City Council meetings are requested to call the City Clerk's Office prior to the City Council meeting on Monday to register, or, register with the Staff Assistant on Monday prior to the time that Council convenes its regular sessions at 2:00 p.m. and/or 7:00 p.m. Adopted: COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fifth day of February, 2001, ROBERT J. SPARROW was appointed as a member of the Fair Housing Board for a term ending March 31, 2003. Given under my hand and the Seal of the City of Roanoke this twelfth day of February, 2001. City Clerk N:\CKSHI~Agenda$ 2001\Corresp Feb 5 2001 .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 lelephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us February 12, 2001 File #15-110-207 STEPHANIE M. MOON Deputy City Clerk Mr. Thomas Pettigrew 1301 Greenlane Road, N. W. Roanoke, Virginia 24017 Dear Mr. Pettigrew: I am enclosing copy of Resolution No. 35212-020501 appointing you as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term ending October 20, 2004. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 5, 2001. Enclosed you will find a Certificate of your appointment and an Oath of Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. N:\CKSHl~Agendas 2001\Corresp Feb 5 2001.wpd Mr. Thomas Pettigrew February 12, 2001 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a Director of the Industrial Development Authority of the City of Roanoke: Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures pc: Lynn D. Avis, Chair, Industrial Development Authority of the City of Roanoke, 3848 Bosworth Drive, S. W., Roanoke, Virginia 24014 Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 Stephanie M. Moon, Deputy City Clerk N:\CKSH 1 ~Agendas 200 l\Corresp Feb 5 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 2001. No. 35212-020501. A RESOLUTION appointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on its Board of Directors. WHEREAS, the Council is advised that the term of office of Sydney W. Brizendine, Jr., a Director of the Industrial Development Authority of the City of Roanoke, Virginia, expired on October 20, 2000; WHEREAS, § 15.2-4904 of the Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Thomas Pettigrew is hereby appointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencing on February 5, 2001, and expiring on October 20, 2004, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 2000. ATTEST: City Clerk. COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fifth day of February, 2001, THOMAS PETTIGREW was appointed as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term ending October 20, 2004. Given under my hand and the Seal of the City of Roanoke this twelfth day of February, 2001. City Clerk N:\CKSHl~Agendas 2001\Corresp Feb 5 2001 .wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fifth day of February, 2001, CLAY WYATT was appointed as a member of the Youth Services Citizen Board for a term ending May 31,2003. Given under my hand and the Seal of the City of Roanoke this twelfth day of February, 2001. City Clerk N:\CKSHl',Agendas 2001\Corresp Feb 5 2001 .wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fifth day of February, 2001, DARLENE L. BURCHAM was appointed as a member of the Roanoke Valley-Allegheny Regional Commission for a term ending June 30,2003. Given under my hand and the Seal of the City of Roanoke this twelfth day of February, 2001. City Clerk N:\CKSHl~Agendas 2001\Corresp Feb 5 2001 .wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fifth day of February, 2001, ROBERT N. RICHERT was appointed as a member of the Architectural Review Board for a term ending October 1,2004. Given under my hand and the Seal of the City of Roanoke this twelfth day of February, 2001. City Clerk N:\CKSHl~Agendas 2001\Corresp Feb 5 2001.wpd MARY F. PARKER, CMC CiW 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 February 12, 2001 File #110-243 STEPHANIE M. MOON Deputy. City Clerk Ms. Vickie S. Briggs 1624 Angus Road, N. W. Roanoke, Virginia 24017 Dear Ms. Briggs: At a regular meeting of the Council of the City of Roanoke which was held on Monday, February 5, 2001, you were appointed as the City's representative to the League of Older Americans, Board of Directors, for a term ending February 28, 2002. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as the City's representative to the League of Older Americans, Board of Directors. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures pc Susan D. Williams, Executive Director, League of Older Americans, Inc., P. O. Box 14205, Roanoke, Virginia 24038-4205 Stephanie M. Moon, Deputy City Clerk N:\CKSHl~Agendas 2001\Corresp Feb 5 2001 .wpd