HomeMy WebLinkAboutCouncil Actions 09-22-97PARROTT
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ROANOKE CITY COUNCIL
REGULAR SESSION
September 22, 199 7
12:lSp. m.
CITY COUNCIL CHAMBER
,4 GENDA FOR THE COUNCIL
Call to Order -- Roll Call. Council Members Harris
Parrott were absent.
and
Ao
A briefing with regard to a proposal of the Roanoke Neighborhood
Development Corporation. (12:15 p.m. - 12:30 p.m.)
Received and filed.
At 12:37 p.m., the meeting was declared in recess until 2:00 p.m.
R O~4NOKE CITY CO UNCIL
RE G UL/IR SESSION
September 22, 199 7
2:00p. m.
CITY COUNCIL CH~4MBER
.4 GEND/I FOR THE COUNCIL
Call to Order-- Roll Call.
Ali present. (Council Member
Parrott arrived after the roll call.)
The Invocation was delivered by the Reverend John Ault, Pastor, Grace
Covenant Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Bowers.
Welcome. Mayor Bowers.
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Wednesday, September 24,
1997, at 7:00 p.m.
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ANNOUNCEMENTS:
Introduction of David Wiley, Music Director & Conductor, Roanoke
Symphony Orchestra & Roanoke Valley Choral Society.
The Mayor presented a crystal star and City Seal coaster/paper weight to
Mr. Wiley.
Introduction of Roger Ellmore, Executive Director, The Explore Park.
Council Member Harris.
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Council Member Harris presented a crystal star and City Seal
coaster/paper weight to Mr. Ellmore.
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
MONDAY 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, MUNICIPAL BUILDING, OR AT 853-2541.
CONSENT AGENDA
(APPROVED 6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
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C-1
C-2
C-3
Minutes of the City Council Personnel Committee meeting held on
Saturday, May 31, 1997; and the regular meetings of City Council held on
Monday, June 2, 1997, and Monday, June 16, 1997.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
A communication from Mayor David A. Bowers requesting an
Executive Session 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.
RECOMMENDED ACTION: Concur in request for Council to convene in
File #15-110-132 Executive Session.
Qualification of C. Nelson Harris as a City representative to the Fifth
Planning District Commission for a term ending June 30, 2000.
RECOMMENDED ACTION: Receive and file.
File #15-110-326
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REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
None.
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PETITIONS AND COMMUNICATIONS:
A communication from the Roanoke City School Board requesting
adoption of a Resolution indicating the City's desire to participate in the
1997 Virginia Public School Authority bond issue, the proceeds of
which will be used in lieu of the Literary Fund loan approved by the
State for Woodrow Wilson Middle School.
Adopted Resolution No. 33576-092297.
Parrott had not entered the meeting.)
File #53-467
(6-0,
Council Member
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A communication from the Roanoke City School Board requesting
approval of a State Literary Fund loan application, in the amount of
$1.25 million, for improvements to Huff Lane Elementary School.
Adopted Resolution No. 33577-092297 and Resolution No. 33578-
092297. (5-1, Vice-Mayor Wyatt voted no; Council Member Parrott
had not entered the meeting.)
File//329-467
Co
A communication from the Roanoke City School Board requesting
appropriation of proceeds from the 1997-98 Capital Maintenance and
Equipment Replacement Fund, in the amount of $805,182.00, for certain
summer capital projects; appropriation of funds to certain school grant
accounts; and a report of the Director of Finance recommending that
Council concur in the request.
Adopted Budget Ordinance No. 33579-092297.
Member Parrott had not entered the meeting.)
File//60-217-236-467
(6-0, Council
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending approval of an amendment to the Annual
Update to the HUD Entitlement Consolidated Plan for fiscal year
1996-97, and authorization to execute a grant agreement with the
Melrose/Rugby Neighborhood Forum, Inc.; and transfer of funds
in connection therewith.
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Adopted Budget Ordinance No. 33580-092297 and Resolution
No. 33581-092297. (6-0, Council Member Parrott had not
entered the meeting.)
File tt60-165-200-236
A report recommending execution of Amendment No. 3, in the
amount of $113,592.00, to the City's agreement with Hayes,
Seay, Mattern and Mattern, Inc., for engineering services relating
to construction and redesign services for the Hunter
Viaduct/Williamson Road bridge over Norfolk Southern railway
tracks; and appropriation of funds in connection therewith.
Adopted Budget Ordinance No. 33582-092297 and Resolution
No. 33583-092297. (6-0, Council Member Parrott had not
entered the meeting.)
File 1160-102-223-278
A report recommending transfer of funds in connection with
property acquisition and additional engineering services needed
to complete the Peters Creek Flood Reduction Project.
Adopted Budget Ordinance No. 33584-092297. (6-0, Council
Member Parrott had not entered the meeting.)
File 1160-2-53-237
A report recommending execution of an Abandoned Housing
Clearance Fund Agreement with the Virginia Department of
Housing and Community Development in connection with
acceptance of a $100,000.00 grant to provide for acquisition,
demolition, or clearance of abandoned housing; and execution of
a Subgrantee Agreement with the owners/developers of property
located at 716, 718, 720, and 722 First Street, S. W., to support
redevelopment of such property.
Adopted Budget Ordinance No. 33585-092297. (6-0, Council
Member Parrott had not entered the meeting.)
At this point, Council Member Parrott entered the meeting.
Adopted Resolution No. 33586-092297. (7-0)
File # 60-2-178-200-236
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A report recommending execution of a lease agreement with
Signet Bank for additional office and classroom space for the
Department of Social Services, Employment Services Program.
Adopted Ordinance No. 33587-092297. (5-2, Council Member
Swain and Vice-Mayor Wyatt voted no.)
File #72-373
A report recommending authorization to apply for federal
funding, in the amount of $127,013.00, from the Local Law
Enforcement Block Grant Program administered by the Bureau of
Justice Assistance, and execution of necessary documents to
obtain program funding for Law Enforcement Support Efforts.
Adopted Resolution No. 33588-092297. (7-0)
File #5-236
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A report recommending execution of a contract with Total Action
Against Poverty in Roanoke Valley for in-home family support
services designed to prevent truancy in the Roanoke City Schools.
Adopted Resolution No. 33589-092297. (7-0)
File #226-467
A report recommending appropriation of funds, in the amount of
$10,672.00, to the Food Stamp Error Reduction Cost Center to
provide for acceptance of state grant monies for food stamp error
reduction activities.
Adopted Budget Ordinance No. 33590-092297. (7-0)
File #60-72-236
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A report recommending execution of a contract with Total Action
Against Poverty in Roanoke Valley, in the amount of $53,514.00,
to provide an employment program called Group Job Search, a
component of Virginia Initiative for Employment Not Welfare.
Adopted Resolution No. 33591-092297. (7-0)
File #72-226
10.
A report recommending acceptance of a bid and execution of a
contract with Assured Issuance Incorporated, for provision of
Food Stamp Issuance Services for the period November 1, 1997
through October 31, 1998.
Adopted Resolution No. 33592-092297.
Wyatt voted no.)
File #72
(6-1, Vice-Mayor
11.
A report recommending execution of a contract with Total Action
Against Poverty in Roanoke Valley, to provide certain program
services for the City during fiscal year 1997-98.
Adopted Resolution No. 33593-092297. (7-0)
File #72-226
12.
A report with regard to regulating use of City Market spaces,
stalls and tables.
Adopted Ordinance No. 33594-092297. (7-0)
File #24-42-373
13.
A report with regard to creation of an employee leave bank and
leave donation policy.
Adopted Ordinance No. 33595 on first reading. (7-0)
File #24-184-202
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6. REPORTS OF COMMITTEES:
me
A report of the Bid Committee recommending execution of a contract
with Alex E. Paris Contracting Company, Inc., in the amount of
$18,367,063.00, for construction of the Roanoke River Interceptor
Sewer Replacement project; and transfer of funds in connection
therewith. Council Member John H. Parrott, Chairperson.
Adopted Budget Ordinance No. 33596-092297 and Ordinance No.
33597-092297. (7-0)
File #60-27
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A report of the Bid Committee recommending execution of a contract
with E. C. Pace Company, Inc., in the amount of $480,197.15, for
construction of the Baker Avenue Storm Drain Project; and transfer of
funds in connection therewith. Council Member John H. Parrott,
Chairperson.
Adopted Budget Ordinance No. 33598-092297 and Ordinance No.
33599-092297. (7-0)
File #60-27
7. UNFINISHED BUSINESS: None.
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INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
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Ordinance No. 33567, on second reading, authorizing the City Manager
to execute on behalf of the City a Franchise Extension Agreement with
Bell Atlantic-Virginia, Inc., and extension agreements for the
Temporary Nonexclusive Revocable License Agreements with KMC
Telecom of Virginia, Inc., and American Communication Services of
Virginia, Inc., for a period of one year each.
Adopted Ordinance No. 33567-092297. (7-0)
File #112-117-166-169-272-291-383-386
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A Resolution designating a Voting Delegate and Alternate Voting
Delegate for the Annual Business Session of the Virginia Municipal
League and designating a Staff Assistant for any meetings of the Urban
Section of the League.
Adopted Resolution No. 33600-092297. (7-0)
File #17-132
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MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Council Member Trout requested a response to his previous inquiry
with regard to the increasing number of small signs advertising
local businesses which have been placed on public rights-of-way;
whereupon, Mr. Clark advised that City staff conducted a sweep of
major thoroughfares and retrieved approximately 325 illegal signs,
and these thoroughfares will be placed on a regular schedule for
removal of such signs.
Council Member Swain advised that he has received citizen
complaints relating to the City's weed abatement process, and
suggested that the City review its procedures and follow up after
City crews have completed weed removal to ensure that the work
has been performed to the citizens' satisfaction.
Council Member Swain expressed concern with regard to the
"grand fathering clause" relating to junk yards, and the City's lack
of authority to require fences in these areas. He requested that City
staff look at these areas and review the City's authority to require
fences to shield these areas from public view. The Mayor requested
that the City Manager contact Council Member Swain to obtain the
specific locations of these areas.
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Council Member Swain stated that recently he and Council Member
White requested information with regard to assistance being given
to minority/small businesses in the City, and a reply had been
received from the City administration; however, it appears the
process does not provide an opportunity for input from the
businesses. He requested that information be provided to
minority/small businesses as to how and where they may obtain help
from the City, and in particular, better explanations and assistance
with regard to the City's bidding process.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR
CITIZENS TO BE HEARD. IT IS THE CITIZENS' TIME TO SPEAK
AND COUNCIL'S TIME TO LISTEN. MATTERS REQUIRING
REFERRAL TO THE CITY MANAGER WILL BE REFERRED,
WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY
AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT
BACK TO COUNCIL.
Mr. Anthony Peterson, 1551 Wellsley Street, N. W., expressed concern
with regard to financial and employment difficulties he is experiencing.
The Mayor requested that the City Manager discuss the matter with Mr.
Peterson.
File/t66-104
CERTIFICATION OF EXECUTIVE SESSION (7-0)
Appointed Cedric E. Malone as a member of the
Commission for a term ending December 31, 2000.
File #110-200
City Planning
Reappointed Calvin H. Johnson as a member of the Roanoke Civic Center
Commission for a term ending September 30, 2000.
File #110-192
Council voted to waive the City residency requirement for Christie
Meredith Keisey as a Commissioner of the Roanoke Redevelopment and
Housing Authority Board.
File #110-178
At 4:18 p.m., the meeting was declared in recess until 7:00 p.m.
12
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ROANOKE CITY CO UNCIL
REGULAR SESSION
September 22, 199 7
7:00p. m.
CITY COUNCIL CHAMBER
/t GEND/I FOR THE COUNCIL
Call to Order-- Roll Call. ^~! present.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Bowers.
Welcome. Mayor Bowers.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
1. Request to address Council with regard to Affirmative Action concerns
in the City of Roanoke. Angela E. Norman, Spokesperson. (5 minutes)
13
The following persons addressed Council with regard to affirmative
action and discrimination concerns in the City of Roanoke:
Angela E. Norman, Robert Gravely, Evelyn D. Wheeler,
Carolyn Harris-Hinchee, James A. Croan and Perneller L.
Wilson.
The remarks were referred to the City Manager and City Attorney
for report back to Council.
File #184-202-411
B. PUBLIC HEARINGS:
Public hearing on the request of Bobby Lee Willis that a certain tract of
land located at 1102 Centre Avenue, N. W., designated as Official Tax
No. 2112311, be rezoned from LM, Light Manufacturing District, to
RS-3, Residential Single Family District. Bobby Lee Willis,
Spokesperson.
The matter was tabled in order to resolve certain issues relating to
the request.
File #51
C. OTHER HEARING OF CITIZENS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR
CITIZENS TO BE HEARD. IT IS THE CITIZENS' TIME TO SPEAK
AND COUNCIL'S TIME TO LISTEN. MATTERS REQUIRING
REFERRAL TO THE CITY MANAGER WILL BE REFERRED,
WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY
AND APPROPRIATE RESPONSE, RECOMMENDATION OR
REPORT BACK TO COUNCIL.
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RECEIVED
CITY CLERKS OFFICE
· M SEP15 11:01
Roanoke, Virginia
September 22, 1997
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Roanoke Neighborhood Development Corporation
Proposal
Please reserve space on Council's 12:15 p.m., agenda for a briefing on
the above-referenced matter.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:mpf
546
PERSONNEL COMMITTEE ............ ROANOKE CITY COUNCIL
May 31,1997
10:00 a.m.
A meeting of the Roanoke City Council Personnel Committee, composed of
the Members of Roanoke City Council, was called to order on Saturday, May 31,
1997, at 10:00 a.m., in the City Council's Conference Room, fourth floor of the
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Chairman and
Mayor David A. Bowers presiding.
PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt (entered the meeting
during Executive Session) and Mayor David A. Bowers .................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: Sandra H. Eakin, Deputy City Clerk.
The Mayor stated that the meeting was called for a special purpose and that
there would be no discussion with regard to the salaries of the Mayor and Members
of Roanoke City Council.
CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK-MUNICIPAL
AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Mr. White moved
that the City Council Personnel Committee meet in Executive Session to discuss a
personnel matter, specifically being the discussion of the performance and
evaluation of each of the six Council Appointed Officers and the salaries of each
such officer, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Parrott and adopted by the following vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White and
Mayor Bowers ............................................................................................... 6.
NAYS: None ....................................................................................... 0.
(Vice-Mayor Wyatt had not entered the meeting.)
At 10:06 a.m., the Mayor declared the meeting in recess.
At 11:28 a.m., the meeting reconvened in the City Council's Conference Room,
with Mayor Bowers presiding and all Members of the City Council Personnel
Committee in attendance.
547
CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK-MUNICIPAL
AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: With respect to the
Executive Session just concluded, Mr. White moved that each Member of the City
Council Personnel Committee 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 Executive Session was
convened were heard, discussed or considered by the City Council Personnel
Committee. The motion was seconded by Mr. Parrott and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and
Mayor Bowers ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
The Mayor advised that the Committee met for approximately one and one-half
hours and could not come to any agreement.
There being no further business, the Mayor declared the City Council
Personnel Committee meeting adjourned at 11:30 a.m.
APROVED
ATTEST:
Sandra H. Eakin
Deputy City Clerk
Mayor
548
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
June 2, 1997
12:30 p.m.
The Council of the City of Roanoke met in regular session in the City Council
Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, on Monday, June 2, 1997, at 12:30 p.m., the regular meeting hour, with
Mayor David A. Bowers presiding, pursuant to Rule 1, Re_eular Meetin_~s. of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members C. Nelson Harris, John H. Parrott,
Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor
David A. Bowers ........................................................................................... 7.
ABSENT: None .................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Michael R. Crew,
Manager of Accounting Services; and Mary F. Parker, City Clerk.
ZONING: The City Manager called upon John R. Marlles, Chief, Community
Planning and Development, for a briefing on the inoperative motor vehicle
ordinance.
Mr. Marlles advised that over a year ago, the Department of Planning and
Community Development implemented a new program designed to help rid the City
of junk motor vehicles stored or abandoned on private property, which represent a
major source of blight in the City's neighborhoods. He stated that prior to adoption
of the inoperative motor vehicle ordinance last year, City staff was lucky if 25
vehicles per year were eliminated; however, since the new inoperative vehicle
program went into effect 13 months ago, approximately 1900 junk motor vehicles
have been eliminated from the residential areas of the City. He added that of the
1900 inoperative vehicles which were cited, 123 or 8.0 per cent of the total had to be
towed by a private towing company under contract with the City, which means that
there was a 92 per cent voluntary compliance rate. He stated that 47 per cent of the
vehicles cited and eliminated were located in the northwest section of the City
because this is an area which reported the largest number of complaints, and it is
an area with high concentration of Iow income individuals who cannot afford to
repair their vehicles once they break down; and the remaining vehicles cited by staff
were equally distributed between the other quadrants of the City. He called attention
549
ACTION:
to several amendments to the ordinance, such as prohibiting the use of tarps or
covers as a means to comply with the ordinance and an increased fine that
enforcement staff could levy if the cited vehicle is not removed from the property
within the required period of time. He advised that City staff receives approximately
30 calls per week from citizens reporting junk vehicles which are responded to by
a full-time inspector and the loan of a part-time secretary from the Commonwealth
Attorney's Office; and City staff is in the process of preparing an amendment which
will allow trailers that are being used for storage purposes to be exempt from the
ordinance under certain circumstances.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
At 12:50 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, June 2, 1997, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members C. Nelson Harris, John H. Parrott,
Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor
David A. Bowers ........................................................................................... 7.
ABSENT: None .................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Michael R. Crew,
Manager of Accounting Services; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Larry
Atkin, Pastor, Edgewood Christian Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS:
PROCLAMATIONS-HABITAT FOR HUMANITY: The Mayor
presented a proclamation declaring the week of June 2 - 6, 1997, as
Habitat for Humanity Week in the City of Roanoke.
55O
FLOOD REDUCTION/CONTROL: The Director of Public
Safety presented a briefing in regard to the heavy rainfall which was
experienced in the City on June 1, 1997. He advised that April and May
rainfall totalled approximately four and one-half inches below average,
therefor, the ground was not saturated, which helped during the time
of heavy downpours. He stated that on June 1, the City received about
5.27 inches of rain over a 24 hour period ending at approximately 3:00
a.m., on the morning of June 2, and the Roanoke River rose to just
under eight feet at 3:00 a.m. He advised that during the night, certain
intersections in the City had to be closed because of heavy downpours,
viz: Shaffers Crossing, Brandon Avenue and Edgewood Street, S. W.,
Williamson Road and Liberty Road, N. W., and Salem Turnpike at Peters
Creek; and water rose out of the banks at Peters Creek in the
Meadowbrook Street area. He noted that the Emergency Services
Coordinator worked throughout the night in the 911 Center and in the
field to visit those locations that have the greatest tendency to flood,
while working with the Police Department and Emergency Services
personnel to ensure that the intersections and streets were properly
barricaded.
Question was raised as to the status of the Roanoke River Flood
Reduction project; whereupon, the Director of Utilities and Operations
advised that the project is currently undergoing an evaluation by the
Corp of Engineers of environmental testing data which was secured
over a two to three week period, the target date was to evaluate the
information by the end of May, and draft a report relative to addressing,
as a part of the Corp project, the disposal or spillage of soil to be
excavated during the process of widening the Roanoke River. He
explained that it was determined that there is no hazardous
contaminated soil, but there is soil that is contaminated to an extent
due to the fact that it is in the flood plain. He advised that the major
delay in recent years has been the City's desire to undertake the
environmental testing to insure that the City does not obtain rights on
property that is contaminated with hazardous waste, testing has been
completed, and it is now between the Corp of Engineers and the
Department of Environmental Quality to consummate a plan for
disposal of contaminated dirt, following which, the project will be
subjected to one more round of cost benefit analysis.
The City Manager explained that certain of the Roanoke River
Flood Reduction Improvements are already in place; viz: I-flow, and
improvements at the Sewage Treatment Plant whereby the entire facility
has been floodproofed. He advised that the City has collected all of the
ACTION:
ACTION:
data that has been requested by Federal agencies, the Department of
Environmental Quality is working with Federal agencies to reach
conclusions relative to disposition of the matter, and he is unaware of
any further action that the City should take at the present time.
Mr. Swain suggested that Congressman Robert W. Goodlatte be
contacted to intervene on the City's behalf.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
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 Executive Sessions to
discuss specific legal matters requiring the provision of legal advice
by counsel, being the terms and conditions of an economic
development agreement in negotiation; a specific matter of actual
litigation requiring provision of legal advice by counsel; and personnel
matters with regard to vacancies on various authorities, boards,
commissions and committees appointed by the Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
551
552
ACTION:
ACTION:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................ 7.
NAYS: None ................................................................... 0.
ECONOMIC DEVELOPMENT-COUNCIL: A report of the City
Manager requesting that Council convene in Executive Session to
discuss specific legal matters requiring the provision of legal advice by
counsel, being the terms and conditions of an economic development
agreement in negotiation, 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. White moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss specific legal
matters requiring the provision of legal advice by counsel, being the
terms and conditions of an economic development agreement in
negotiation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Swain and adopted by
the following vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
MENTAL HEALTH SERVICES-BLUE RIDGE COMMUNITY
SERVICES-OATHS OF OFFICE-COMMITTEES: A report of qualification
of Delores Y. Jones as a member of the Blue Ridge Community
Services Board of Directors to fill the unexpired term of Onzlee Ware,
resigned, ending December 31, 1998, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
553
ACTION:
COUNCIL: A report of the City Attorney requesting that Council
convene in Executive Session to discuss a specific matter of actual
litigation requiring provision of legal advice by counsel, 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. White moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a specific matter
of actual litigation requiring provision of legal advice by counsel,
pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... O.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-WORKERS COMPENSATION-CITY EMPLOYEES-RISK
MANAGEMENT FUND-WAR MEMORIAL: The City Manager and the
Director of Finance submitted a joint written report advising that
personnel lapse is generated due to employee turnover and vacancies
in City departments; and for the current fiscal year, salary savings of
$815,000.00 are projected as a result of vacancies.
554
ACTION:
It was further advised that in order to provide timely information
to Council and to increase administrative efficiency, the status of lapse
was reported quarterly to Council for the first two quarters as a
Consent Agenda item; the current report provides a budget ordinance
that encompasses all quarters, eliminates the budgeted lapse amount
and adjusts affected departmental operating budgets; the total
estimated personnel lapse generated for fiscal year 1996-97 is
$1,019,106.00; and personnel lapse generated exceeds the estimate of
$815,000.00 by $204,106.00, which additional funding is recommended
to be used for the following purposes:
Workers' Compensation Wages and
Medical Expenditures - $85,000.00;
D-Day Memorial - $50,000.00; and
Risk Management - $69,106.00.
The City Manager and the Director of Finance recommended
that Council authorize the transfer of personnel lapse funds from
departmental accounts to Personnel Lapse Account No. 001-002-9410-
1090 as listed on Attachment A to the report.
(For full text, see joint report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33414-060297) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 537.)
Mr. Trout moved the adoption of Ordinance No. 33414-060297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES' Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
555
ACTION:
BUDGET-POLICE DEPARTMENT-WORKERS COMPENSATION-
FIRE DEPARTMENT-CITY EMPLOYEES: The City Manager submitted
a written report advising that workers' compensation expenditures for
fiscal year 1996-97 are projected to be approximately $785,000.00, an
increase of $85,000.00 over fiscal year 1995-96, which information is
based on actual expenditures through April 30, 1997, and projected
expenditures for May and June 1997; and funding to cover fiscal year
1996-97 Workers' Compensation claims is adequate and needs to
be allocated to departmental accounts from the non-departmental
category.
The City Manager recommended that Council authorize the
transfer of funds to cover workers' compensation claims in the amount
of $785,000.00, to departmental workers' compensation accounts from
the following sources:
Workers Compensation - Wages,
Account No. 001-004-9110-1135
$350,000.00
Workers Compensation - Medical,
Account No. 001-004-9110-1140
$350,000.00
PersonnelLapse,
Account No. 001-002-9410-1090
$ 85.000.00
Total $785,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33415-060297) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 540.)
Mr. Trout moved the adoption of Ordinance No. 33415-060297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
556
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... O.
Following questions by the Members of Council, the City
Manager advised that City staff will present a briefing at a future
Council meeting with regard to City workforce safety issues.
Council Member White requested information on the number of
workers' compensation claims filed by City employees that are
considered to be serious in nature.
CITY GOVERNMENT-CITY EMPLOYEES: The City Manager
submitted a written report advising that mileage reimbursement at the
rate of $.24 per mile for the first 15,000 miles and $.11 per mile for all
additional miles traveled has been made to City employees utilizing
their personal automobiles in the performance of City business, which
rate was established by Council on May 22, 1989; historically, the
City has set its mileage reimbursement rate at the same level
established by the Commonwealth of Virginia for its employees; and
mileage reimbursement rates paid by the Commonwealth have been
increased retroactive to March 24, 1997, to $.27 per mile for the first
15,000 miles and $.13 per mile for all additional mileage over 15,000
miles.
The City Manager recommended that Council establish an
increased mileage reimbursement rate of $.27 per mile for the first
15,000 miles and $.13 per mile for all additional miles, effective July 1,
1997.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33416-060297) A RESOLUTION establishing the rate of
reimbursement per mile to be paid to officers and employees of the City
for use of privately owned personal motor vehicles on City business;
and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 59, page 543.)
557
ACTION:
Mr. Trout moved the adoption of Resolution No. 33416-060297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-HOUSING/AUTHORITY-COMMUNITY PLANNING-
GRANTS: The City Manager submitted a written report advising that
each year the City receives Community Development Block Grant
(CDBG) entitlement funds from the U. S. Department of Housing and
Urban Development (HUD) to implement a variety of community
development programs, which programs are outlined each year as an
Annual Update to the Five Year Consolidated Plan.
It was further advised that a Redevelopment Plan for the
Gainsboro Community Development Program Area was approved by
Council on January 10, 1972; Amendment Nos. 1 - 4 have also been
approved by Council; and on May 13, 1996, pursuant to Resolution No.
32939-051396, Council approved the fiscal year 1996-97 Annual Update.
It was explained that currently the Roanoke Redevelopment and
Housing Authority is implementing the Gainsboro Land Use Plan
project; two parcels of vacant land (Official Tax Nos. 2011801 and
2011803) located within the Gainsboro Community Development
Program Area are for sale; funds to purchase the land have been
identified in Community Development Block Grant Unprogrammed
Income, Account Nos. 035-095-9540-5189 and 035-095-9540-5197; the
City and the Housing Authority need to amend the 1996-97 CDBG
Agreement to increase funding for the project; and the City needs to
amend the Annual Update with the U. S. Department of Housing and
Urban Development.
The City Manager recommended that Council concur in the
following actions:
Authorize the City Manager, or the Assistant City Manager,
to execute Amendment No. 2 to the 1998-97 Community
Development Block Grant Agreement with the
Roanoke Redevelopment and Housing Authority, and any
amendments thereto, if necessary, to ensure U. S.
558
ACTION:
Department of Housing and Urban Development approval
and eligibility for funding with CDBG funds, said
agreement to be approved as to form by the City Attorney.
Authorize the City Manager, or the Assistant City Manager,
to amend the City's Annual Update with the U. S.
Department of Housing and Urban Development.
Transfer funds totalling $60,000.00 from CDBG
Unprogrammed Fund-Other, Account No. 035-095-9540-
5189 ($21,258.00), and CDBG Unprogrammed Fund-RRHA,
Account No. 035-095-9540-5197 ($38,742.00), to Gainsboro
Land Use Plan, Account No. 035-095-9530-5016.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#33417-060297) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 544.)
Mr. White moved the adoption of Ordinance No. 33417-060297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. White offered the following resolution:
(#33418-060297) A RESOLUTION authorizing the City Manager to
amend the Annual Update of the Entitlement Consolidated Plan for FY
1996-97 and submit said amendment to the United States Department
of Housing and Urban Development (HUD), and to execute documents
559
in connection with said amendment; and authorizing execution of
Amendment No. 2 to the Agreement with the City of Roanoke
Redevelopment and Housing Authority.
(For full text of Resolution, see Resolution Book No. 59, page 545.)
ACTION:
Mr. White moved the adoption of Resolution No. 33418-060297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
HOUSING/AUTHORITY-COMMUNITY PLANNING-FIFTH
PLANNING DISTRICT COMMISSION-ECONOMIC DEVELOPMENT-
REGIONAL COMPETITIVENESS ACT: The City Manager submitted a
written report advising that Council endorsed the City's participation
in the Fifth District Regional Alliance, pursuant to Resolution No.
33251-020397, adopted on February 3, 1997; and the Fifth District
Regional Alliance was formed under authority of the 1996 Regional
Competitiveness Act, which provides, in part, that incentive funds will
be provided to jurisdictions within a qualifying region that agree to
participate in regional cooperation activities within their respective
region.
It was further advised that the Board of Directors of the Fifth
Planning District Regional Alliance is composed of the chief elected
official and the chief administrative official of each participating local
government, as well as leaders from the business, civic, high education
and secondary educational communities within the region; the
Regional Competitiveness Act Program provides that each participating
local government within the region must approve, by resolution, a
methodology for distribution of incentive funds to participating
governments within their region; and the Board of Directors met on
April 24, 1997, and approved a specific funding distribution
methodology recommendation for each participating local government,
as follows:
Ninety per cent of the total funds to be distributed on a per
capita basis;
56O
ACTION:
Eight per cent of the total funds to be distributed based on
the level of fiscal stress of each local government as
calculated by the Virginia Commission on Local
Government; and
Two per cent of the total funds to be allocated to the
Regional Alliance for administrative and research support.
The City Manager recommended that Council adopt a resolution
endorsing the funding distribution methodology as recommended by
the Board of Directors of the Fifth Planning District Regional Alliance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#33419-060297) A RESOLUTION approving a formula for State
incentive funds to be distributed among participating local
governments in the Fifth Planning District Regional Alliance.
(For full text of Resolution, see Resolution Book No. 59, page 546.)
Mr. Swain moved the adoption of Resolution No. 33419-060297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-ROANOKE CiViC CENTER: The City Manager submitted
a written report advising that the original fiscal year 1997 Roanoke
Civic Center budget appropriation totaled $2,626,471.00, including
operations, promotions, depreciation and capital outlay; budget
adjustments through April 1997 total $88,404.00; current Civic Center
operating budget as of April 1997 totals $2,714,875.00 and multi-year
projects are budgeted in the amount of $215,671.00; total expenses for
fiscal year 1997 are estimated to be $3,177,446.00, an increase of
$246,900.00 over the current budget; and the primary reasons for over-
budget expenditures include an increase in the number of events as
well as a direct increase in expenses attributed to those events.
ACTION:
It was further advised that appropriation of funds from revenues
is requested to cover the cost of additional operational expenses; and
funding is available from Civic Center revenues due to an increase in
the total number of events; and there were substantial increases in
Coliseum rental, parking, admissions taxes, concessions and novelty
fees.
The City Manager recommended that Council approve the
appropriation of $246,900.00 to cover the cost of certain operating
expenses and adjust revenue estimates $404,400.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33420-060297) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 Civic Center Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 548.)
Mr. Trout moved the adoption of Ordinance No. 33420-060297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-PARKS AND RECREATION-CMERP-SCHOOLS-
EQUIPMENT: The City Manager submitted a written report advising that
the Capital Maintenance and Equipment Replacement Program has
identified funding for the City's share of a fitness center at Breckinridge
Middle School; and the City's share of funding, together with funding
from the Roanoke City Schools, will allow for acquisition of equipment
to establish a Community Family Fitness Center; whereupon, the City
Manager recommended that Council appropriate $36,000.00 from
561
562
ACTION:
General Fund Current Year Capital Maintenance and Equipment
Replacement Program to Recreation Account No. 001-052-7110-9015,
to provide funds for the City's share of fitness equipment for a
Community Fitness Center at Breckinridge Middle School.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33421-060297) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 550.)
Mr. Trout moved the adoption of Ordinance No. 33421-060297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-PARKS AND RECREATION-CITY SHERIFF-CAPITAL
IMPROVEMENTS PROGRAM-EQUIPMENT: The City Manager submitted
a written report advising that Council requested that the City
Administration focus on upgrading existing facilities located in
neighborhood and community parks; and the City Sheriff has offered
to transfer $100,000.00 from Jail Budget Recovered Cost Account No.
001-024-3310-8005 to a Capital account for needed park renovation
projects.
It was explained that park project renovations are proposed to
include:
Park toilets City-wide - $32,000.00
install commercial type seamless flooring in
18 existing park restroom facilities
West End Park, S.W. - $35,000.00
replace existing play equipment and
area surfacing
play
ACTION:
Melrose Park, N.W. - $20,000.00
resurface one existing tennis court
resurface two existing basketball courts
replace existing fencing at the courts
Fallon Park, S. E. - $ 9,100.00
resurface two existing basketball courts
resurface two existing tennis courts
Preston Park, N. E. - $ 2,600.00
resurface two existing basketball courts
Thrasher Park, N.E. $ 1,300.00
resurface one existing basketball court
The City Manager recommended that Council concur in the
following actions:
Authorize the transfer of $100,000.00 from Jail Recovered
Cost, Account No. 001-024-3310-8005, to General Fund
Transfer to Capital Projects Fund, Account No. 001-004-
9310-9508; and
Appropriate funds to a new Capital Projects Fund account
to be established by the Director of Finance for the
abovereferenced park renovation projects.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33422-060297) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 551.)
Mr. Trout moved the adoption of Ordinance No. 33422-060297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
563
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None .................................................................... O.
Council Member Swain advised that inmates of the Roanoke City
Jail painted toilets in the City's parks and requested information on the
total amount of funds expended for the project; whereupon, the City
Manager advised that the information will be forthcoming.
BUDGET-LANDMARKS/HIST. PRESERVATION-CAPITAL
IMPROVEMENTS PROGRAM-GRANTS-LIBRARIES: The City Manager
submitted a written report advising that the Gainsboro Branch Library
was recently designated as a Virginia Historic Landmark and is listed
on the National Register of Historic Places; in 1994-95, the Library's
front concrete steps and entry walk was modified and door openers
were installed to provide wheelchair accessibility into the building; a
Library Facility's Master Plan which was completed in the fall of 1996
identified several items that need to be done to bring the Gainsboro
Branch Library into compliance with current building codes and the
Americans with Disabilities Act (ADA), including new toilets, plumbing
renovations and emergency lighting; an additional 500 square feet is
needed to provide space for two new wheelchair-accessible restrooms,
expansion of the Virginia Y. Lee African-American collection, and
relocation of current periodical back files from the meeting room to an
expanded staff work area; and an on-site parking lot of approximately
ten spaces has been designed inasmuch as no off-street designated
parking for the Library exists; and total estimated cost of improvements
is $145,770.00.
It was further advised that the City Manager has applied to the
Library of Virginia for Library Services and Construction Act, Title II
funds ($72,885.00) for expansion and remodeling of the Gainsboro
Branch Library; should the City's application for said funds be
approved, the City Manager will recommend that Council accept the
grant award, thereby creating a contract between the City and the
Library of Virginia; and assurance must be given that local matching
funds equal to at least 50 per cent of the cost of the project are
available for expenditure, which must be public funds available in a
library building account.
ACTION:
The City Manager recommended that Council authorize transfer
of $75,000.00 from the Jail Recovered Cost, Account No. 001-024-3310-
8005, to an account in the Capital Projects Fund to be established by
the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#33423-060297) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 552.)
Mr. White moved the adoption of Ordinance No. 33423-060297.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
Council Member Swain inquired if guests at The Hotel Roanoke
are provided with information advising that the Gainsboro Branch
Library is listed on the Virginia Landmarks Register and the National
Register of Historic Places; whereupon, the City Manager advised that
he would make the appropriate inquiry and advise Council accordingly.
Vice-Mayor Wyatt advised that the clientele of some branch
libraries have computers in their homes where they have internet
accessibility; however, there are those families who do not have
computers in their homes. She stated that as the City reviews
computer/internet accessibility at the branch libraries, she would
encourage that first priority be given to libraries in those
neighborhoods where the likelihood of computers and internet
accessibility in the home is less likely.
565
566
ACTION:
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of April 1997.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial Report would be received and filed.
BUDGET-CITY INFORMATION SYSTEMS-FLEET MAINTENANCE
FUND-RISK MANAGEMENT FUND-EQUIPMENT: The Director of Finance
submitted a written report advising that the City's Internal Service
Funds account for certain services provided to departments of the
General Fund; Internal Service Funds recover their costs by charging
the receiving departments for services provided; and budgeted funds
for Internal Services are allocated in each fiscal year's budget
throughout various departments based on estimated usage, which
varies from the original estimates.
It was further advised that each fiscal year, it is necessary to
make appropriations/transfers between departments to provide
sufficient funds for Internal Services for the fiscal year; and a proposed
budget ordinance would make such transfers and adjust the salary
lapse by $57,937.00 to provide additional funds for risk management
claims inasmuch as the amount originally budgeted will not cover
anticipated costs, which transfers do not increase the overall General
Fund budget, but reallocate amounts between departments.
The Director of Finance recommended adoption of a proposed
budget ordinance which will provide for the required transfers.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33424-060297) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 553.)
567
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33424-060297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ O.
(Vice-Mayor Wyatt was out of the Council Chamber.)
BUDGET-CITY EMPLOYEES-PERSONNEL DEPARTMENT-
INSURANCE: The Director of Finance submitted a written report
advising that the fiscal year 1996-97 General Fund budget included
funds in the nondepartmental category for long-term disability
insurance and for termination (vacation) leave and unemployment
wages, which fringe benefits are budgeted at estimated amounts in the
nondepartmental category because annual charges for each
department are difficult to project, and actual costs are charged to the
applicable department in anticipation of budget transfers to cover said
costs.
It was further advised that a proposed budget ordinance will
transfer funds from the nondepartmental category to the applicable
departmental budgets; additionally, the proposed ordinance will
transfer funds remaining in two departments for life insurance, which
amounts are not needed for life insurance, but are available to cover
other fringe benefits; the proposed ordinance also adjusts the Payroll
Accrual to provide an additional $20,492.00 in termination leave wages,
since the amount originally budgeted will not cover anticipated costs;
the transfers will not increase the General Fund budget in total, but will
reallocate amounts between departments; and a summary of total
transfers is as follows:
Budget Amount Transfers Revised Budget
Before Transfers Inl(Oufl Amount
Termination (Vacation)
Leave Wages $ 91,275.00 $ 28,039.00
Unemployment Wages 35,000.00 (5,558.00)
Life Insurance 1,989.00 (1,989.00)
Payroll Accrual 150,000.00 (20,492.00)
Total $278.264.00 $ 0
$119,314.00
29,442.00
0
129,508.00
$278,264.00
568
ACTION:
The Director of Finance recommended that Council adopt a
proposed budget ordinance which will accomplish the required
transfers.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33425-060297) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 558.)
Mr. Trout moved the adoption of Ordinance No. 33425-060297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White and
Mayor Bowers ............................................................................ 6.
NAYS: None ...................................................................... 0.
(Vice-Mayor Wyatt was out of the Council Chamber.)
REPORTS OF COMMITTEES:
INDUSTRIES-ECONOMIC DEVELOPMENT-STREETS AND
ALLEYS: Council Member John H. Parrott, Chairperson, Bid Committee,
presented a written report on behalf of the Committee, in connection
with bids received by the City for construction of Blue Hills Drive
Extension and Infrastructure Improvements at the Roanoke Centre for
Industry and Technology.
The Bid Committee recommended that Council authorize the City
Manager to execute a contract, in a form to be approved by the City
Attorney, with Allegheny Construction Co., Inc., in the amount of
$601,962.00, for the abovedescribed project.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
569
ACTION:
Mr. Swain offered the following emergency ordinance:
(#33426-060297) AN ORDINANCE accepting the bid of Allegheny
Construction Company, Inc., to construct Blue Hills Drive Extension
and Infrastructure Improvements at Roanoke Centre for Industry and
Technology, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 561.)
Mr. Swain moved the adoption of Ordinance No. 33426-060297.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Swain, Trout, White, Wyatt and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Parrott abstained from voting.)
UNFINISHED BUSINESS:
BUDGET-COUNCIL: Ordinance No. 33397 establishing the annual
salary of the Mayor for the fiscal year beginning July 1, 1997, at
$23,000.00, having previously been before the Council for its second
reading on Monday, May 19, 1997, and deferred until the regular
meeting of Council on Monday, June 2, 1997, the matter was again
before the body.
Mr. Trout offered the following ordinance for its second reading
and final adoption:
(#33397) AN ORDINANCE establishing the annual salary of the
Mayor for the fiscal year beginning July 1, 1997; and providing for an
effective date.
The motion was seconded by Mr. White.
570
Ms. Kathy McMillan, 4235 Norwood Street, S. W., advised that a
pay increase is something that everyone who performs to certain
expectations deserves; however, pay scales and reasonable
percentages should be used. She stated that it can be documented that
no City employee has ever received a 28 per cent pay increase in the
span of one year; therefore, there are two issues which should be
considered by Council: (1) Does the Mayor, Council, and Council-
Appointed Officers deserve a raise, and the answer appears to be yes;
and (2) Are the proposed raises reasonable, and the answer is no. She
added that what is fair and equitable for all City employees should be
used as a guide for those individuals who are responsible for making
the City's rules.
Mr. Steven D. Vassar, 1117 Floyd Avenue, S. W., advised that
Council has quoted Roanoke City's good fiscal health as a reason for
large pay raises for Council and Council-Appointed Officers. He stated
that the median family income for a citizen in the City of Roanoke is
$30,590.00; however, Council proposes $120,750.00 per year for the
City Manager, which is four times the amount of the salary of the
average citizen in the City. He advised that Roanoke is far behind other
cities with little unity among banks, neighborhood groups and
government regarding the urgency of saving Roanoke's central
neighborhoods, and City officials are aware that Roanoke's downtown
neighborhoods are in trouble because they have been warned
repeatedly by planners, the housing task force, and consultants to take
corrective action.
James R. Radcliffe, Sergeant, Roanoke City Police Department,
expressed disappointment that citizens were not allowed to be heard
on the issue at the Council meeting on Monday, May 19. He advised
that it has been stated that Council wishes to raise salaries so that the
City can keep qualified persons in top positions; however, he would
hope that Council is of the mindset that every City employee holds a
top position. He stated that 31 police officers have resigned from the
task force in the last two and one-half years, and there is no waiting list
of qualified applicants seeking the position. For the benefit of public
safety, he stated that it is time to ask the question, what is a fair salary
for a police officer. He added that citizens have spoken in mass and
now is the time for Council to represent the overwhelming wishes of
the citizens, and urged that Council rescind its vote to adopt the pay
increase ordinance and adopt the same pay increase percentage for
Council Members and Council-Appointed Officers as all other City
employees will receive.
571
Ms. Elsie White, 318 Windward Drive, S. W., raised the question
that in view of the fact that Council chose to give itself a sizeable pay
increase last year, why is it necessary to receive another increase this
year. In addition to present salaries, she stated that it has been
reported that Council Members receive health insurance, life insurance,
dental insurance and pension benefits, all at the expense of taxpayers,
which represent additional income, thus making Council's present
salary even higher. She requested that Council consider its present
salary, plus fringe benefits, before making a decision on the pay issue.
Mr. Obediah Overstreet, 3203 King Street, N. E., advised that City
services such as curbside refuse collection have been eliminated as a
cost-saving measure, but, at the same time, the City can identify funds
for exorbitant pay increases for Council Members and Council-
Appointed Officers. He stated that if Council Members do not like their
job, they should resign.
Mr. Robert D. Gravely, 1524 Hanover Avenue, N. W., spoke in
opposition to the proposed pay increase for Council Members and
Council-Appointed Officers.
Mr. W. H. Highfill, 4213 Belle Aire Circle, S. W., advised that
Council cannot justify an approximately 20 per cent pay increase for
the Mayor, and five per cent for Council-Appointed Officers, while other
City employees will receive three per cent. He stated that employees
make the City of Roanoke what it is, not department managers, and all
employees deserve their share of the honor. He called attention to
various inequities in the present pay plan and advocated the pay plan
of the Federal Government which provides that all employees,
regardless of rank, are treated fairly and equitably.
Mr. Syed Ally, 1057 Old Country Club Road, N. W., expressed
opposition to the proposed pay increase for Council Members. He
stated that it is the civic duty of Council Members to serve without pay
or fringe benefits.
Ms. Helen Hall, 1411 Orange Avenue, N. W., advised that greed
has brought about a closer scrutiny of elected officials whose main
purpose should be service to the City of Roanoke and to its citizens.
She questioned how Council Members can vote themselves such a
large pay increase, work part-time, and receive fringe benefits, while
other City employees receive a three per cent raise. She advised that
pay increases should be the same across-the-board for everyone.
572
Ordinance No. 33397, on its second reading, was lost by the
following vote:
AYES: None ........................................................................ 0.
NAYS: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................ 7.
BUDGET-COUNCIL: Ordinance No. 33398 establishing the annual
salaries of the Vice-Mayor and Council Members for the fiscal year
beginning July 1, 1997; having previously been before the Council for
its second reading on Monday, May 19, 1997, and deferred until the
regular meeting of Council on Monday, June 2, 1997, that matter was
again before the body.
Mr. Trout offered the following for its second reading and final
adoption:
(#33398) AN ORDINANCE establishing the annual salaries of the
Vice-Mayor and Council Members for the fiscal year beginning July 1,
1997; and providing for an effective date.
The motion was seconded by Mr. Swain.
Mr. Stephen D. Vassar, 1117 Floyd Avenue, S. W., advised that'
Roanoke City neighborhoods are on the brink of despair, the City and
its housing stock are getting older, the average median income of a
Roanoke citizen is $30,590.00, 16.1 per cent of Roanoke's citizens are
below the poverty level and 8.8 per cent receive public assistance,
there are 3,854 units of subsidized housing in the City, and the City of
Roanoke is not fiscally strong enough to provide large pay increases
for Council and the six Council-Appointed Officers. He stated that if
help is not forthcoming for the neighborhoods of Roanoke, there will
not be a need for a City Council.
Ordinance No. 33398 was defeated by the following vote:
AYES: None ........................................................................ 0.
NAYS: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................ 7.
573
BUDGET-DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-
CITY MANAGER-REAL ESTATE VALUATION-MUNICIPAL AUDITOR:
Ordinance No. 33399 establishing compensation for the City Manager,
City Attorney, Director of Finance, Director of Real Estate Valuation,
Municipal Auditor and City Clerk for fiscal year beginning July 1, 1997;
and providing for an effective date, having previously been before the
Council for its second reading on Monday, May 19, 1997, and deferred
until the regular meeting of Council on Monday, June 2, 1997, the
matter was again before the body.
Mr. Trout offered the following ordinance for its second reading
and final adoption:
(#33399) AN ORDINANCE establishing compensation for the City
Manager, City Attorney, Director of Finance, Director of Real Estate
Valuation, Municipal Auditor and City Clerk for the fiscal year beginning
July 1, 1997; and providing for an effective date.
Ordinance No. 33399 died for the lack of a second to the motion.
Ms. Wyatt offered the following emergency ordinance providing
for a pay increase for Council-Appointed Officers at their current salary,
plus 3.3 per cent.
(#33427-060297) AN ORDINANCE establishing compensation for
the City Manager, City Attorney, Director of Finance, Director of Real
Estate Valuation, Municipal Auditor and City Clerk for the fiscal year
beginning July 1, 1997; and providing for an emergency and an
effective date.
Ms. Wyatt moved the adoption of Ordinance No. 33427-060297.
The motion was seconded by Mr. Trout.
Mr. Swain offered an amendment to the ordinance to provide for
a pay increase for Council-Appointed Officers at their current salary,
plus 2.5 per cent.
The amendment to the motion failed for lack of a second.
Ordinance No. 33427-060297, offered by Ms. Wyatt, seconded by
Mr. Trout, providing for a pay increase for Council-Appointed Officers
of their current salary, plus 3.3 per cent, was adopted by the following
vote:
ACTION:
AYES: Council Members Harris, Parrott, Trout, White, Wyatt and
Mayor Bowers ............................................................................ 6.
NAYS: Council Member Swain ............................................ 1.
Mr. W. H. Highfill, 4213 Belle Aire Circle, S. W., commended
Council on its actions regarding the pay raises; however, he stated that
there are inequities in the City's pay plan that need to be addressed.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 33411 permanently
vacating, discontinuing and closing a portion of a cul-de-sac located at
the end of Woods End Lane, S. W., (formerly Forest Road), at 851 and
855 Woods End Lane, having previously been before the Council for its
first reading on Monday, May 19, 1997, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#33411-060297) AN ORDINANCE permanently vacating,
discontinuing and closing 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. 59, page 532.)
Mr. Trout moved the adoption of Ordinance No. 33411-060297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................ 7.
NAYS: None ............................................................. 0.
STREETS AND ALLEYS: Ordinance No. 33412 permanently
vacating, discontinuing and closing an alley located at the rear of 1506
Franklin Road, S. W., and parallel to the rear of 312 Woods Avenue,
described as Official Tax Nos. 1031204 and 1031203, respectively,
having previously been before the Council for its first reading on
Monday, May 19, 1997, read and adopted on its first reading and laid
over, was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
575
ACTION:
ACTION:
(#33412-060297) AN ORDINANCE permanently vacating,
discontinuing and closing 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. 59, page 534.)
Mr. Trout moved the adoption of Ordinance No. 33412-060297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ...................................................................... 0.
ZONING: Ordinance No. 33413 rezoning a certain tract of land
located at 1928 Maiden Lane, S. W., being part of Lots 1-3, inclusive,
Block 4, Keystone Place, Official Tax No. 1331205, from RM-2,
Residential Multifamily District, to C-1, Office District, pursuant to a
Petition filed in the Office of the City Clerk on February 5, 1997, subject
to any changes required by the City during site plan review, having
previously been before the Council for its first reading on Monday, May
19, 1997, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following for its second reading
and final adoption:
(#33413-060297) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 133, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 59, page 536.)
Mr. Trout moved the adoption of Ordinance No. 33413-060297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
576
ACTION:
ACTION:
DECEASED PERSONS: Mr. Trout offered the following resolution
memorializing the late Joseph L. Bush, Jr., Member, Vinton Town
Council:
(#33428-060297) A RESOLUTION memorializing the late
Joseph L. Bush, Jr.
(For full text of Resolution, see Resolution Book No. 59, page 563.)
Mr. Trout moved the adoption of Resolution No. 33428-060297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ...................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
COUNCIL-VISION STATEMENT: Council Member Harris inquired
about the status of the City's vision statement; whereupon, Vice-Mayor
Wyatt advised that in view of certain responsibilities of key City staff
regarding the budget process, the vision statement was held in
abeyance; however, now that the City's fiscal year 1997-98 budget has
been adopted, City staff will be free to continue their work on the vision
statement.
Mr. Harris moved that Council be provided with a status report
on the City's vision statement at its regular meeting on Monday, July
21, 1997. The motion was seconded by Mr. Parrott and adopted.
OTHER HEARINGS OF CITIZENS UPON PUBLIC MATTERS:
SEWERS AND STORM DRAINS-COMPLAINTS-FLOOD
REDUCTION/CONTROL-ROANOKE NEIGHBORHOOD PARTNERSHIP:
Ms. Patsy Stroop, 3748 Chesterton Street, S. W., called attention to
flooding conditions in her neighborhood as a result of heavy rainfall on
June 1, and expressed frustration at the City's inability to take action
on flooding and sewage problems in the Chesterton Street area. She
advised that when she purchased her home 11 years ago, there was a
dry drainage ditch that remained dry; however, over the past 11 years,
numerous developments such as Windsor Place town homes, Norwood
Street, Airview and Route 419 developments have shifted large
amounts of water run-off into the area which have proven to be more
than the current drainage and sewer system can handle and, in turn,
has endangered property and the lives of families who live in the area.
She explained that sewer lines have been replaced up to her property
line, and the Public Works Department has advised that a 12-inch pipe
has been installed leading into an eight-inch pipe on a curb, thus, every
time it rains, a small geyser with raw sewage, sanitary products, etc.,
flows into her yard. She referred to a communication from the City
Engineer under date of October 29, 1990, which indicated that a project
to address the entire problem from Mudlick Creek to Westchester is
included on the neighborhood storm drainage priority list, yet residents
of the area still experience major flooding problems. She stated that it
was six and one-half years ago when the letter was written and
something needs to be done now to correct the flooding situation. She
advised that there are certain actions that could be taken immediately
on a cost effective basis that could save the homes in the area, such as
replacement of three water restricting drainage pipes by re-enforcing
bridges. She explained that her neighbor installed a wooden fence on
his property which serves as a dam causing flooding conditions to her
backyard, and property owners have repeatedly called the City and the
Health Department seeking help to no avail. She asked that Council
help the residents of the area to maintain the value of their homes.
The Mayor requested that the remarks of Ms. Stroop be referred
to the City Manager for study, investigation, and report to Council at its
next regular meeting on Monday, June 16, 1997.
At 4:50 p.m., Mr. Trout left the meeting.
LANDMARKS/HIST. PRESERVATION: Evelyn D. Bethel,
President, Historic Gainsboro Preservation District, Inc., presented a
progress report on the Historic Gainsboro brochure which has been
distributed locally to the Harrison Museum of African-American Culture,
the Roanoke Valley Convention & Visitors Bureau, and the Virginia
Museum of Transportation. She advised that the brochure will be
distributed to various tourist destination points, to each of the City's
branch libraries, at the Booker T. Washington Memorial, and to other
tourist attractions in the Commonwealth of Virginia and Washington,
D.C.
577
578
Ms. Bethel advised that the Gainsboro Library's National and
State historic landmark plaques for the Gainsboro Branch Library have
been displayed on the library walls, and encouraged Council Members
and citizens to visit the Gainsboro Branch Library.
Ms. Bethel complimented Council on listening to the wishes of
the citizens of Roanoke regarding the pay issue controversy for
Council Members and Council-Appointed Officers, and on behalf of the
citizens of Roanoke, she requested that Council pay strict attention to
other problems cited by citizens as they come before Council and work
with City staff to resolve the issues.
Vice-Mayor Wyatt suggested that the Historic Gainsboro
brochure be sent to every school in the City of Roanoke to be placed
on the resource shelf in the libraries.
COMPLAINTS-TAXES-COUNCIL-ROANOKE CiViC CENTER-
TELEPHONE EQUIPMENT: Mr. William Ballentine, 3321 Birchwood
Street, N. E., suggested that the City eliminate fixed fees that affect the
ordinary citizen, such as the automobile decal fee, the Enhanced 911
fee, and the fee on cellular telephones which are all regressive taxes.
He advised that the City could raise any number of taxes by one-tenth
to one-one hundredth of a percentage to replace the revenues
generated by these fixed fees. He suggested that Council hold its
meetings at the Roanoke Civic Center where citizens would not have to
pay parking fees.
BUDGET-COMPLAINTS-COUNCIL-ROANOKE CiViC CENTER:
Mr. Syed Ally, 1057 Old Country Club Road, N. W., advised that
Council Members are elected to fill part-time positions and should
serve without pay or fringe benefits. He concurred in the suggestion
of the previous speaker, Mr. William Ballentine, that Council meetings
should be held at the Roanoke Civic Center in order to provide free
parking for citizens and that Council meetings should be held in the
evening hours for the convenience of citizens.
At 5:05 p.m., the Mayor declared the meeting in recess.
At 6:10 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Council Members Harris, Parrott and
Trout.
579
ACTION:
ACTION:
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain 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 Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. White and adopted by the following vote:
AYES: Council Members Swain, White, Wyatt and Mayor
Bowers ...................................................................................... -4.
NAYS: None .................................................................... 0.
(Council Members Harris, Parrott and Trout were absent.)
OATHS OF OFFICE-COMMITTEES-GREENWAY SYSTEM: The
Mayor advised that it is necessary to appoint an additional member to
the Roanoke Valley Greenways Commission, pursuant to the Roanoke
Valley Greenways Agreement, and called for nominations to fill the
position.
Mr. White placed in nomination the name of Brian M. Shepard.
There being no further nominations, Mr. Shepard was elected as
a member of the Roanoke Valley Greenways Commission, for a term
ending June 30, 1998, by the following vote:
FOR MR. SHEPARD: Council Members Swain, White, Wyatt and
Mayor Bowers ............................................................................ -4.
(Council Members Harris, Parrott and Trout were absent.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that the terms of office of Scott Katz, Elvah D. Taylor, and Chenise
Anderson as members of the Youth Services Citizen Board expired on
May 31, 1997, and called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Scoff Katz, Elvah D.
Taylor, and Chenise Anderson.
580
There being no further nominations, Mr. Katz, Ms. Taylor and Ms.
Anderson were reelected as members of the Youth Services Citizen
Board, for terms ending May 31, 2000, by the following vote:
FOR MR. KATZ, MS. TAYLOR, AND MS. ANDERSON: Council
Members Swain, White, Wyatt and Mayor Bowers .......................... -4.
(Council Members Harris, Parrott and Trout were absent.)
There being no further business, the Mayor declared the meeting adjourned
at 6:15 p.m.
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
581
ROANOKE CITY COUNCIL ............... CAPITAL IMPROVEMENT
PROGRAM WORKSHOP
June 13,1997
8:30 a.m.
The Council of the City of Roanoke held a Capital Improvements Program
Workshop on Friday, June 13, 1997, in the Emergency Operations Center Conference
Room, Room 159, Municipal South, 215 Church Avenue, S. W., Roanoke, Virginia,
with Mayor David A. Bowers presiding.
PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt (arrived at 9:20 a.m.) and
Mayor David A. Bowers .................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
OTHERS PRESENT: William F. Clark, Director, Public Works; Kit B. Kiser,
Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development;
George C. Snead, Jr., Director, Public Safety; Diane S. Akers, Budget Administrator;
and Willard N. Claytor, Director, Real Estate Valuation.
Inasmuch as the Mayor announced that he would have to leave the meeting
to honor a previous commitment, Mr. Harris moved that Council Member White serve
as Chairman Pro Tem. The motion was seconded by Mr. Parrott and adopted.
CAPITAL IMPROVEMENTS PROGRAM: The City Manager advised that for
several years, City staff has worked to increase the City's bonding capacity beyond
$20 million and up to the $30 million range which has now been accomplished
through savings at the City Nursing Home and Solid Waste automation. He stated
that even though this bond sale may be the largest in the history of the City, if
approved by the voters, there is a 5 - 1 demand on the funds and the City will be able
to meet approximately 20 per cent of those projects which have been proposed.
582
The Director of Finance reviewed the City's Financial Capacity for Funding
New Projects, as follows:
Reduction in Existing Debt Service
$20,000,000.00
Savings from Change in Operations:
Sale of Nursing Home
5,000,000.00
Solid Waste Management Automation:
Staffing/Operations
7,000,000.00
Equipment
5,350,000.00
Interest Earnings
1,800,000.00
Proceeds from 1996 Jail Bonds
2.000,000.00
Total $41,150,000.00
At 8:45 a.m., the Mayor relinquished the Chair to the Chairman Pro Tem.
Chairman Pro Tem White noted nothing was included in the CIP documents
to indicate that any project in the bond issue will be the direct result of an increase
in the City's tax base. He stated that it should be known that the tax base is fiat and
proposed projects will be funded from either reduction in debt, or re-engineering of
certain City services, or other reductions. The Director of Finance responded that
no tax rate increases are proposed to fund the additional debt service and no part
of the year end balance will be used to fund the increase in debt service. He added
that undesignated funds are used for one time purchases so as not to create
problems in operating budgets for subsequent years.
The Director of Finance reviewed the following financial assumptions:
Total debt outstanding, including the proposed issuance included in
the Capital Improvement Program, shall not exceed the City of Roanoke
Charter Legal Debt Margin of ten per cent of the assessed valuation of
real estate within the City limits.
583
Continuation of a minimum five per cent annual growth rate in General
Fund local tax revenues; growth in local tax revenues over the past five
fiscal years has fluctuated between 3.42 per cent and 6.20 per cent,
averaging 4.54 per cent; and should the growth rate fall below five per
cent, adjustments may have to be made in other areas of the General
Fund budget to allow for continued funding of debt service.
Maintenance of current local tax structure, i.e., no reduction in local tax
rates until local tax revenue growth exceeds the five per cent minimum.
No reduction in General Fund funding levels for the following
expenditure categories to fund debt service requirements of new
bonded debt:
Annual paving contract
Fixed asset maintenance
Fleet replacement
Interest earnings on bond proceeds will not be appropriated for
projects other than those included in the CIP until the estimate has
been realized to fund those projects included in the CIP.
The maturity of any debt will not exceed the expected useful life of the
project for which the debt is issued.
Payment of debt service on new bonded debt related to the funding of
this recommended Capital Improvement Program will be an obligation
of the General Fund.
Payment of debt service on new Literary loan debt or Virginia Public
School Authority (VPSA) bonds related to the funding of School
projects in this recommended ClP will be an obligation of the School
Fund.
Chairman Pro Tem White requested that the City Manager inquire about
actions taken by the Roanoke City School Board to reduce debt service.
At 9:05 a.m., the Mayor returned to the meeting and took the Chair.
Ms. Akers reviewed Citizen Involvement in the ClP Process as more fully
explained on pages 4 and 5 of the handout document.
584
The City Attorney reviewed the time schedule for a November 1997 bond
referendum. He advised that assuming a November 4, 1997 election day, State law
requires that the Circuit Court enter an order 60 days before the date of the election
which would be September 5, 1997. He stated that the City must submit its petition
for a court order approximately ten days prior to the Court's entry of the order which
would be August 26. He added that Council is required to hold a public hearing
before adopting an ordinance authorizing a bond issue and the last opportunity to
hold the public hearing will be August 18, and the public hearing must be advertised
once a week for two consecutive weeks. He advised that July 25 is the date by
which Council would have to agree on the amount of the bond issue and the amount
to be allocated to each of the broad categories established by the City Charter. He
explained that any bond referendum requires approval of the United States
Department of Justice under the Voting Rights Act, and if the Circuit Court enters its
order on September 1, he would submit a request to the Department of Justice on
that date, the Department of Justice has 60 days under the expedited consideration
process to react, and it would be hoped that the Department of Justice would
respond prior to November 4.
At 9:20 a.m., Council Member Wyatt entered the meeting.
Mr. Clark reviewed the status of the Current Capital Improvement Program,
pages 8 - 14, of.the handout document.
There was discussion with regard to increased costs at the Sewage Treatment
Plant; whereupon, Mr. Clark pointed out that the City has always funded
improvements in its water and sewer systems out of revenues from the two systems.
The Director of Finance advised that Sewage Treatment Plant cost overruns should
be dealt with outside the Capital Improvement Program.
Mr. Clark reviewed pages 15 - 24, Capital Improvement Program - New Project
Requests, totalling $196,012,952.00. He also reviewed a list of Proposed 1997 Bond
Referendum Projects (Tentative), as set forth on pages 25-30 of the handout
document.
There was discussion with regard to The Jefferson Center in which the
question was raised as to why the project continues to be recommended for funding
by the City, especially in view of other outstanding needs such as curb, gutter,
streets, and sewer projects, etc.
The City Manager explained that when Council appointed the Jefferson Center
Foundation Board of Directors to work on behalf of the City to help make the project
a reality, two phases were proposed: Phase one was the core building for which The
Jefferson Center raised $2 million and the City provided $3.5 million, for a total of
585
$5.5 million. He stated that Council made it clear that it would like to see the project
completed and it was known that the project had to be divided into pieces because
the citizen group appointed for fundraising purposes was of the opinion that it could
raise $4 - 5 million over a period of time. He added that funds which were
appropriated for Fitzpatrick Hall fully funded construction of the project; and the
final piece of the project, or Phase II, is the interior auditorium work in the range of
$4 - 5 million. He stated that The Jefferson Center has requested that the City
provide $2 million, with the remainder of the funds to be provided by The Jefferson
Center.
In the scheme of necessary City capital projects, the question was raised if
The Jefferson Center is a high enough priority to take $2 million out of the City's
limited resources. Some Members of Council were of the opinion that the City
Manager should give further review to additional funding for The Jefferson Center
and provide Council with funding alternatives.
There was discussion with regard to inclusion of the Higher Education Center
in the Capital Improvement Program, in which it was pointed out that if the City does
not include funds in its CIP, it will be difficult to obtain support at the State level.
The City Manager advised that no funding is proposed in the Capital
Improvement Program, because no formal commitment has been made by Council
and once the City makes that commitment, the project will become a budgetary item.
He stated that the Higher Education Center is a complicated project, there are no
firm answers at the present time, and he would not recommend a project to Council
unless it is considered to be a project that can be successfully completed.
There was discussion with regard to the need for improvements to the present
Animal Control facilities (see page 130 - CIP notebook); whereupon, the matter was
referred to the City Manager for further consideration.
There was also discussion with regard to the new Police Building in which it
was pointed out by some Members of Council that more information should be
provided, inasmuch as $3.9 million is recommended for funding without reviewing
other alternatives.
Mr. Clark pointed out that the consultant has stated that long range space
needs for the City total $23 million and staff is attempting to make interim
improvements to relieve the overcrowding in the Police Department for a period of
five to ten years, while not suggesting that this is the permanent solution for all of
the City's office space needs.
Mr. White left the meeting at 11:25 a.m.
586
Inasmuch as additional time was needed to discuss the proposed CIP, the City
Manager advised that Council had previously agreed to hold another workshop on
Thursday, June 26.
The Director of Finance advised that the City has the revenue capacity to
issue approximately $37.5 million of bonds.
Following discussion, it was the consensus of Council to recommend a $37.5
million bond issue, that the question be placed before the qualified voters of the City
of Roanoke at an election to be held on Tuesday, November 4, 1997, and that
discussions regarding the content of the proposed Capital Improvement Program
will continue at a second workshop to be held on Thursday, June 26, 1997, at 8:30
a.m., in the Emergency Operations Center Conference Room.
There being no further business, the Mayor declared the meeting/workshop
adjourned at 11:35 a.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
June 16, 1997
12:30 p.m.
The Council of the City of Roanoke met in regular session in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, on Monday, June 16, 1997, at 12:30 p.m., the regular meeting hour, with
Mayor David A. Bowers presiding, pursuant to Rule 1, Re~lular Meetin~_s. of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members John H. Parrott, Carroll E. Swain, James O.
Trout, William White, Sr., C. Nelson Harris and Mayor David A. Bowers ............... 6.
ABSENT: Vice-Mayor Linda F. Wyatt ....................................................... 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr.,
City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
VIRGINIA COOPERATIVE EXTENSION: The Director of Human Resources
advised that for more than 75 years, Virginia Cooperative Extension has provided
invaluable education and information to the families and communities of Virginia by
disseminating factual research based knowledge to improve the quality of life and
to advance economic development. He stated that a partnership has existed
between the land grant universities of Virginia Tech, State, Federal and local
governments and countless individual volunteers. He advised that City departments
are often assisted by non-City units in the delivery of services to Roanoke's citizens,
and Virginia Cooperative Extension is a state agency funded partially with local
funds, and the Extension Office works with City departments to provide various
services to Roanoke City citizens in certain specific areas.
Ms. Jean Vandergriff, Director, Roanoke City and Roanoke County
Cooperative Extension Office, presented an overview of services provided to the
citizens of the Roanoke Valley. She advised that Cooperative Extension began in
Virginia in 1914, which established an opportunity for representatives of the land
grant universities to bring research based information to the communities, and the
Extension Service is a national and international organization. She stated that
Family/Consumer Science is one of the areas covered by the Extension Service,
2
which includes nutrition and wellness, family and human development, and
management housing and consumerism. She presented information describing
programs and agencies that the Cooperative Extension Service collaborates with on
a daily basis.
(See information on file in the City Clerk's Office.)
At 12:50 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, June 16, 1997, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members John H. Parrott, Carroll E. Swain, James O.
Trout, William White, Sr., C. Nelson Harris and Mayor David A. Bowers ............... 6.
ABSENT: Vice-Mayor Linda F. Wyatt ....................................................... 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr.,
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
Jim Drinard Smith, Pastor, St. Elizabeth's Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The Mayor presented students
and coaches from Crystal Spring Elementary School with Executive glasses and City
logo lapel pins in recognition of their participation in Odyssey of the Mind
competition in Roanoke, Richmond, and College Park, Maryland.
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 two requests for Executive Sessions to
discuss a matter involving acquisition, use and disposition of certain
public property currently being dedicated to school use adjacent to
3
ACTION:
ACTION:
Huff Lane Micro Village School and Round Hill Primary School, the
same matter also being a legal matter requiring the provision of legal
advice by counsel as to the terms and conditions of an agreement to be
entered into between the City and the Roanoke City School Board; and
to discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by the
Council.
MINUTES: Minutes of the regular meeting of Council held on
Monday, March 3, 1997; the informal session of Council held on
Monday, March 3, 1997, to discuss the Long Range Facilities Master
Plan prepared by Daniel C. Smith and Associates; the Financial
Planning Workshop of Council held on Saturday, March 8, 1997; a joint
meeting of City Council and the Roanoke County Board of Supervisors
held on Tuesday, March 11, 1997; and the regular meeting of City
Council held on Monday, March 17, 1997, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Parrott and adopted by the following vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council meet in Executive Session 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. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
4
ACTION:
committees appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Parrott and adopted by the following vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Wyatt was absent.)
CITY PROPERTY-SCHOOLS-COUNCIL: A report of the City
Manager requesting that Council meet in Executive Session to discuss
one matter involving acquisition, use and disposition of certain public
property currently being dedicated to school use adjacent to Huff Lane
Micro Village School and Round Hill Primary School, pursuant to
Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, the same
matter also being a legal matter requiring the provision of legal advice
by counsel as to the terms and conditions of an agreement to be
entered into between the City and the Roanoke City School Board,
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. White moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss one matter
involving acquisition, use and disposition of certain public property
currently being dedicated to school use adjacent to Huff Lane Micro
Village School and Round Hill Primary School, pursuant to Section
2.1-344 (A)(3), Code of Virginia (1950), as amended, the same matter
also being a legal matter requiring the provision of legal advice by
counsel as to the terms and conditions of an agreement to be entered
into between the City and the Roanoke City School Board, pursuant to
Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Parrott and adopted by the following vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
5
ACTION:
TAXES-ANNUAL REPORTS-REAL ESTATE VALUATION: A
communication from the Honorable Richard C. Pattisall, Judge, Twenty-
Third Judicial Circuit of Virginia, transmitting the Annual Report of the
Board of Equalization for the taxable year July 1, 1997 through June 30,
1998, inclusive, advising that the Board received 80 appeals, and seven
appeals were withdrawn before inspection, was before Council.
The Board of Equalization recommended that future Equalization
Boards continue to have access to computer service in their work and
that they be provided with the current office space which is private and
separate from the Office of Real Estate Valuation, advising that in order
to accomplish their duties, it is critical that proper and private space be
provided for the Board to meet with taxpayers; and requested that the
City make two parking spaces available during the three-month interval
for use of Board members when attending to business of the Board of
Equalization.
(For full text, see communication and Annual Report on file in the City
Clerk's Office.)
Mr. White moved that the communication and Annual Report be
received and filed. The motion was seconded by Mr. Parrott and
adopted by the following vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
EMERGENCY SERVICES-COMMUNICATIONS DEPARTMENT: A
report of the City Manager advising that as requested by Council, he
has researched the status of the 3-1-1 telephone numbers for reporting
public safety non-emergency requests, was before Council.
The City Manager further advised that the system has not been
approved by the Federal Communications Commission (FCC) at this
time; the Association of Public Safety Communications Officials,
International (APCO International) supports the 3-1-1 telephone number
6
ACTION:
ACTION:
for use by State and local governments but does not support
mandatory or nationwide public safety use; and APCO International
believes that use of 3-1-1 is best determined by the individual local
government entity.
It was explained that APCO International research determined
that the majority of 9-1-1 systems are working efficiently and are not
overloaded; their research found that while certain urban systems do
experience problems with 9-1-1 efficiency, it is due to lack of needed
personnel support to adequately handle incoming telephone volume;
the issue was discussed by the Southwest Virginia Regional 9-1-1
Committee where it was noted that no jurisdictions in the area are
considering installing the 3-1-1 telephone number system; and the
system would require considerable expense which cannot be justified
since the same 9-1-1 personnel will be responsible for answering
telephones.
The City Manager advised that the City will continue to monitor
the issue, however, at this time, it appears that the Roanoke Valley
does not experience the problems of major metropolitan areas, and he
would not recommend spending additional funds to support the 3-1-1
initiative.
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Parrott and adopted by the following vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None .................................................................... O.
(Vice-Mayor Wyatt was absent.)
SEWERS AND STORM DRAINS-COMPLAINTS-FLOOD
REDUCTION/CONTROL: A report of the City Manager with regard to a
drainage problem at 3748 Chesterton Street, S. W., was before Council.
Mr. White moved that the report be removed from the Consent
Agenda for discussion as a separate agenda item. The motion was
seconded by Mr. Parrott and adopted.
7
ACTION:
ROANOKE VALLEY GREENWAYS COMMISSION-OATHS OF
OFFICE-COMMITTEES: A report of qualification of Brian M. Shepard as
a member of the Roanoke Valley Greenways Commission for a term
ending June 30, 1998, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Parrott and adopted by the
following vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
REGULAR AGENDA
SEWERS AND STORM DRAINS-COMPLAINTS-FLOOD
REDUCTION/CONTROL: A report of the City Manager with regard to a
drainage problem which was brought to Council's attention at its
regular meeting on Monday, June 2, 1997, by the property owner, Ms.
Patsy P. Stroop, 3748 Chesterton Street, S. W., having been removed
from the Consent Agenda for separate discussion, the matter was
before the body.
The City Manager advised that residents of Chesterton Street
appeared before Council in 1984 to express concerns with regard to
flooding problems, and at that time, it was felt that the recently installed
storm drain system along Norwood Street, upstream of Chesterton
Street, was the primary cause of the flooding in the Chesterton area;
the Norwood storm drain was designed to carry a 25-year storm and
was installed in 1981 to alleviate flooding conditions along Norwood
Street as a requirement of the annexation order; and additional
modifications were made to the Norwood system in 1983 to restrict the
amount of water entering the system to a ten-year storm.
It was explained that in 1985, the culvert at Deyerle Road, S. W.
(at the lower end of Chesterton Street), was replaced with a larger box
culvert designed to provide a 25-year storm capacity at that location;
the watershed above the Chesterton area was approximately 80 per
8
cent developed prior to annexation and is now approximately 100 per
cent developed; the City's Engineering Department has completed a
preliminary study of the area and designed a project which would
construct a ten-year channel from Westchester Street to Deyerle Road
and six drive culverts capable of passing a ten-year storm, at an
estimated cost of $643,000.00; this project is among a list of known
neighborhood drainage problems located throughout the City which are
estimated to cost approximately $23 million to construct; and
implementation of the project will be dependent upon funding in future
bond issues.
It was explained that since the mid-1980's, the City has spent
over $24 million on storm drain improvements and continues to fund
additional projects with each bond issue; and due to the significant
number of drainage projects currently awaiting funds throughout the
City, projects such as Chesterton Street may take some time to be
funded.
(For full text, see report on file in the City Clerk's Office.)
Ms. Patsy Stroop, 3748 Chesterton Street, S. W., advised that two
weeks ago, she appeared before Council and expressed her frustration
and the frustration of her neighbors regarding flooding and sewer
problems in her neighborhood, which problems have not been
corrected by the City. She explained that she appeared before Council
two weeks ago following an extremely heavy rainfall during which a
drainage ditch filled up and flowed into her property, because her next
door neighbor's driveway culvert dams up the natural flow of water. In
addition, she stated that the City recently issued a building permit to a
neighbor for a new privacy fence which, with the recent rain, served to
dam up the water that normally flows from the ditch in the front yard
between two houses and around the back of the property line, and the
newly constructed privacy fence dammed up the water to the extent
that water backed up in her backyard, making her home to appear to be
in the middle of a lake, and forced water into the crawl space under her
home. She expressed concern over the issuance of building permits,
particularly in areas where there are known water problems. She stated
that when it rains, there is a geyser of raw sewage that flows out of a
manhole cover in her next door neighbor's yard and presents a health
hazard. She advised that she was recently informed by a
representative of the City Engineer's Office that the Chesterton Street
neighborhood storm drainage project is number 13 on the City's
9
ACTION:
priority list, and it will be a number of years before the problem can be
resolved, and only if a flood causes heavy loss in the area and Federal
funds are then made available can anything be done to correct the
drainage problem. She stated that one solution to the problem would
be to widen the drainage ditch to accommodate more water, or the City
could purchase her home since her lot is the hardest hit in the area,
and the property could be bulldozed to provide for a larger holding area
for run-off water which would, in turn, help the flooding situation down
stream, and this stop gap measure would be more cost effective for the
City. In regard to the sewer problem, she stated that she has not heard
from the City on the status of the situation and to her knowledge
nothing further has been done to address the problem. Once again,
she advised that she appeared before Council as a frustrated citizen
since it appears that no timely help is forthcoming from the City, and
requested that Council intervene on behalf of the citizens.
The City Manager advised that the sewer issue alluded to by Ms.
Stroop will be addressed in the Sewage Treatment Plant and the
Roanoke River Sewer Interceptor Project which will be constructed
from the Sewage Treatment Plant toward the City of Salem. He
explained that the project has been approved and funded by Council
and is scheduled for construction in approximately two years. He
advised that he would meet with Ms. Stroop to discuss her specific
concerns, and it may be necessary to involve the neighborhood
organization to determine if some of the problems can be addressed
through a goodwill approach.
Without objection by Council, the Mayor advised that the remarks
of Ms. Stroop would be referred to the City Manager for appropriate
response.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUDGET-WRABA-CONSULTANTS REPORTS-CAPITAL
IMPROVEMENTS PROGRAM: Ms. Lucy Mullis, Executive Director,
Williamson Road Area Business Association (WRABA), addressed
Council in connection with the Williamson Road Corridor Improvement
Study which was developed by WRABA, Hill Studio, P. C., and the City
of Roanoke. She advised that the idea for the study grew out of a
meeting between members of WRABA, the City's Economic
Development staff and the City Manager, and it was decided that a
study of and a comprehensive plan for the Williamson Road Corridor
was needed, and development of the plan has been an ongoing
process. She stated that last year she accompanied the Chief of
Community Planning, the Chief of Economic Development and
Members of the Williamson Road Area Business Association Board of
Directors to Scogie, Illinois, to study a mature, successful commercial
corridor redevelopment project, and many of the lessons that were
learned have been incorporated into the Williamson Road Corridor
Improvement Study.
David Hill, representing Hill Studio, P.C., presented overall
aspects and specifics of the Williamson Road Corridor Improvement
Study. He advised that over the past 18 months, a consensus has been
built among the business community by listening to neighborhood
concerns, and through a series of publicized meetings and workshops,
a plan for a $14 million public/private partnership has been developed
that will comprehensively renovate the Williamson Road area, and
Economic Research Associates and Mattern and Craig, Consulting
Engineers, have been included as a part of the team. He presented a
map delineating 16 individual projects and programs of construction,
the first five years to include seven distinct sections of construction in
the public right-of-way and on lands with public interest from Orange
Avenue to the Roanoke County line. He advised that the sections
include improvements to curb, gutter, and sidewalks, entrances to sites
and buildings, better location and amelioration of utilities, and
maximum potential for the drainage system which was recently
installed. He explained that following these improvements, a series of
public/private partnerships will begin to enhance the safety,
accessibility, appearance and business potential of the Williamson
Road Corridor. He presented a display of the facade program, a
parking clarification program, a signage program, and a program
designed to assist small businesses in complying with design
guidelines for an enhanced corridor, better route planning, and making
the corridor safer and more appealing. He reviewed a schedule chart
for implementation of the 16 projects over a 20 year period, and advised
that two redevelopment projects are scheduled in years ten and fifteen,
which two anchors will bring on to the market 40 acres of prime
business space with infrastructure improvements and access. He
advised that the provision of $7 million in private sector and grant
funds for funding infrastructure/structural improvements provides one-
half of the funding necessary for the work, as well as the impetus for
Williamson Road to realize its potential and to accommodate the type
of businesses that it will attract. He stated that Williamson Road is the
Roanoke Valley's main street, Williamson Road contributes an
additional 40 per cent of the businesses to Roanoke's Special Service
District status, with a private sector investment currently valued at $200
million. He noted that the most recent downtown study predicts that the
future success of downtown Roanoke is wrapped to the success of the
Williamson Road Corridor. He explained that the infrastructure
improvement plan caps 15 years of study and planning for Williamson
Road's future, and over the next 20 years, the Roanoke Valley's main
street will use these empowerment tools to begin to pay back the
municipal investment, both financially and aesthetically.
Michael Bailey, President, Williamson Road Area Business
Association, advised that the plan is important to the economic vitality
and quality of life for not just Williamson Road, but for the adjoining
neighborhoods in the entire City. He stated that the heart of the
Roanoke Valley, which is downtown Roanoke, can only stay healthy if
its main artery which is Williamson Road is healthy. He further stated
that Williamson Road is now a healthy mix of businesses such as
restaurants, banks, churches, and automobile dealerships, etc. He
stated that the investments the City has made in Oakland Elementary
School renovations, James Breckinridge Middle School, and in the
storm drainage run-off system reflect the City's commitment to the
area. He spoke positively about the plan because it will raise the
entrepreneurial spirit of the marketplace by making the commercial
atmosphere of Williamson Road durable, desirable, and long lasting,
and the plan will lead to a greater generational continuity in the existing
businesses and neighborhoods, provide an opportunity for new
business, and promote revitalization of underutilized properties along
Williamson Road and adjoining neighborhoods. He added that the plan
provides a safe and attractive pedestrian and commercial environment
and the completed curb, gutter and storm drainage aspects will
complement the storm water drainage upgrades of several years ago
and help to further alleviate water run-off problems. He stated that the
plan is practical, affordable, attractive, doable, and well thought out. He
advised that it is the desire of the Williamson Road Area Business
. Association that elements of the plan would begin to be implemented
in the upcoming five years, and the Board of Directors will work with
the City Manager to find a place in the next budget cycle to request
necessary funds from the City to begin implementation of portions of
the plan as early as 1999. He also requested that Council consider
including part of the project in the City's upcoming bond issue.
Question was raised as to what the Williamson Road Area
Business Association will request of the City in the initial five year
thrust; whereupon, Mr. Hill advised that the first four years of the
project will include the first seven public infrastructural projects and
would require a $3.9 million investment from the City. He stated that
the proposed plan would attempt to work around anticipated Virginia
Department of Transportation improvements to 10th Street in 2001 and
2002.
ACTION:
Following discussion, Mr. Trout moved that the matter be
referred to the City Manager for study, report and recommendation to
Council at its Capital Improvements Program Workshop to be held on
Thursday, June 26, 1997. The motion was seconded by Mr. Swain and
unanimously adopted.
The Mayor suggested that representatives of the Williamson
Road Area Business Association visit Atlantic and Pacific Boulevards
in Virginia Beach where a similar project has been successful.
PARKS AND RECREATION-GREENWAY SYSTEM-WESTERN
VIRGINIA LAND TRUST: M. Rupert Cutler, Executive Director, Western
Virginia Land Trust, appeared before Council and presented
information on what a Land Trust is and how the new local Land Trust
can be a partner in the development of the Lick Run Greenway and the
management of Mill Mountain and Carvins Cove. He advised that the
new Western Virginia Land Trust was established to provide a
voluntary means to help preserve our region's natural and cultural
heritage; that less than one year ago, a group of Roanoke Valley citizen
volunteers began to meet to form a Land Trust in the Roanoke Valley
to further the greenway cause and to protect the views from the Blue
Ridge Parkway, among other things; an ad hoc citizens' committee
wrote articles of incorporation and bylaws and elected a board of
trustees and officers; and Ms. Barbara Lemon was named President.
It was further advised that by March 1997, a tax-exempt status
letter had been obtained from the Internal Revenue Service so that
contributions to the Land Trust would be tax deductible; funding has
been totally received from private gifts; a membership campaign has
just begun; the Western Virginia Land Trust plans to request public
funds when their potential value to local and State government
becomes better known (the more successful the Land Trust is in
obtaining voluntary conservation easements on key tracts of private
land, the less government will have to be involved in buying or
regulating the use of the lands); the Land Trust plans to increase
awareness of the significance of the region's natural and cultural
features -- rare plant and animal habitats, prime farmlands, Civil War
battlefields, Blue Ridge Parkway views -- and help landowners
understand their land conservation options, viz: how they can obtain
tax benefits from entering into easement agreements that benefit the
public as well; and the Land Trust will concentrate on the Roanoke
Valley initially, then move on to serve all of southwestern Virginia.
Dr.' Cutler explained that top priority projects of the Western
Virginia Land Trust include protection of undeveloped mountainsides
and ridgetops from unsightly development, to keep the Roanoke River
corridor as natural as possible, to assist the National Park Service in
saving the quality of the views from the Blue Ridge Parkway, and to
help create the Roanoke Valley Greenway Trail Network.
Dr. Cutler offered the assistance of the Western Virginia Land
Trust, as a partner with the City, in the creation of the proposed Lick
Run Greenway between Valley View Mall and The Hotel Roanoke and
in the perpetual protection of the City's two most important watersheds,
Mill Mountain (Crystal Spring) and Carvins Cove. He advised that while
in-depth consideration of the watershed protection issue can wait, the
City must make a decision soon on the Lick Run Greenway question,
which is inseparable from the question of what kind of first-phase
overpass will be built over 1-581 to handle traffic out of an expanded
Valley View Mall shopping area. He stated that the Land Trust agrees
to serve as owner of donated land or holder of options on land on both
ends of the overpass -- land that eventually will become parts of a Lick
Run Greenway; and the offer may appeal to potential donors because
donations of land as well as other assets to the Western Virginia Land
Trust may be treated as tax-deductible gifts to a charitable foundation.
Dr. Cutler advised that on June 4, 1997, the Board of Trustees of
the Western Virginia Land Trust adopted a resolution calling on the City
to (1) include a pedestrian/bicycle lane in the first phase of construction
of the 1-581 overpass, (2) adopt plans to build a Lick Run Greenway trail
connecting the overpass and The Hotel Roanoke, and (3) include the
Lick Run Greenway in its park system. He stated that the Land Trust
will help by accepting privately donated lands and options as charitable
13
14
ACTION:
contributions and joining with others to seek funds to develop the
greenway trail. He requested that the City Administration include
provision for the Lick Run Greenway lane in the contract to be awarded
for the first phase of the 1-581 overpass.
Dr. Cutler pointed out that a Lick Run Greenway will be an asset
for the Washington Park neighborhood; with respect to Mill Mountain,
the Western Virginia Land Trust and the Virginia Outdoors Foundation
would be pleased to enter into a conservation easement agreement
with the City on that portion of the Mountain (including the source of
Crystal Spring) which the City decides should be kept in its present
condition in perpetuity; and relative to the Carvins Cove watershed, the
Land Trust and the Outdoors Foundation will offer perpetual protection
of the clean water-producing forests with adequate provision for
access and maintenance by City staff.
Dr. Cutler stated that it is the view of the Land Trust that it makes
good sense for City Council to take such far-sighted steps to preserve
these water-producing, scenic and recreational resources for future
generations of Roanokers; that this is a new concept and requires
thorough review, and it is hoped that Council will direct the City
Manager to look into the idea and report back to Council at a later date.
With regard to the 1-581 Bridge, the City Manager advised that
plans for the new interchange will include an option to build the
additional ten to twelve feet that could be included as part of the
greenway connection, and Council will have the option when bids are
received in October to determine whether it wishes to fund that portion
of the project.
Without objection by Council, the Mayor advised that Mr. Cutler's
remarks would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-CAPITAL IMPROVEMENTS PROGRAM-SCHOOLS: A
communication from the Roanoke City School Board requesting
adoption of a Resolution authorizing the School Board to expend $9.4
million for adding to and improving the present building at Addison
Middle School and declaring the City's intent to borrow to fund or
reimburse such expenditures, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
Mr. Trout offered the following resolution:
(#33429-061697) A RESOLUTION authorizing the School Board
for the City of Roanoke to expend funds for adding to and improving
the present school building at Addison Middle School and declaring the
City's intent to borrow to fund or reimburse such expenditures.
(For full text of Resolution, see Resolution Book No. 59, page 564.)
Mr. Trout moved the adoption of Resolution No. 33429-061697.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
BUDGET-GRANTS-SCHOOLS: A communication from the
Roanoke City School Board requesting the close-out of two completed
school grants, in the total amount of $550.00, with no change in local
revenues or expenditures created by close-out of the following grants,
was before Council.
Arts Incentive - Roanoke Academy $300.00
Arts Incentive- Lincoln Terrace - $250.00
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. Trout moved that Council concur in the request of the School
Board. The motion was seconded by Mr. Harris and adopted.
BUDGET-CAPITAL IMPROVEMENTS PROGRAM-GRANTS-
SCHOOLS: A communication from the Roanoke City School Board
requesting the following appropriation of funds, was before Council.
Grant No. 6543 - $7,729.00 for the Summer Special
Education Interpreter Training Program to provide
funds for the development of training curriculum for the
hearing impaired program. The continuing program will
be 100 per cent reimbursed by Federal funds.
Additional funds for appropriation have been received totalling
$58,155.00 from interest earned in the State Non-Arbitrage Pool
for construction costs of the Breckinridge Middle School
renovation.
ACTION:
Higher level of participation in the student lunch program for the
period April to June and the resulting higher level of expenses
required for food purchase requires an additional appropriation
of $50,000.00 from Federal food aid revenues and cafeteria
receipts.
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:
(#33430-061697) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 School and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 565.)
Mr. Harris moved the adoption of Ordinance No. 33430-061697.
The motion was seconded by Mr. Parrott and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers ........................................................................... 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY-
COMMUNITY PLANNING-GRANTS-ECONOMIC DEVELOPMENT: The
City Manager submitted a written report advising that the HOME
Investment Partnerships Program (HOME) is a housing assistance
program of the U. S. Department of Housing and Urban Development
(HUD); the City of Roanoke has received a HOME entitlement grant
each year since fiscal year 1992 and must annually reapply to HUD to
receive funding; and pursuant to Resolution No. 33402-051297, adopted
on Monday, May 12, 1997, Council authorized filing the fiscal year
1997-98 HOME application through submission of an Annual Update to
the Consolidated Plan to HUD.
It was further advised that approval of the City's 1997-98 HOME
entitlement of $587,000.00 is forthcoming from HUD; and a total of
$595,262.00 needs to be appropriated from the following sources:
$587,000.00 from the 1997-98 HOME entitlement grant; and
$8,262.00 from 1996-97 HOME Unappropriated Program
Income Revenue Account Nos. 035-035-1234-7220
($2,226.00) and 035-035-1234-7230 ($6,036.00).
It was explained that $27,843.00 needs to be transferred from
HOME accounts from prior years to projects included in the fiscal year
1997-98 HOME Program; and the new $587,000.00 grant requires
$62,369.00 in matching funds, which will come from cash and in-kind
contributions from non-Federal sources, with no outlays of City funds
needed to meet the match requirement.
The City Manager recommended that Council concur in the
following actions:
l?
ACTION:
Adopt a resolution accepting fiscal year 1997-98 HOME
funds, contingent upon receipt of an approval letter from
HUD, and authorize the City Manager to execute the
required Grant Agreement, to be approved as to form by
the City Attorney, Funding Approval, and any other forms
required by HUD on behalf of the City in order to accept
such funds;
Appropriate $595,262.00 to revenue and expenditure
accounts in a Grant Fund to be established by the Director
of Finance; and
Transfer $27,843.00 in HOME accounts from prior years
to projects included in the fiscal year 1997-98 HOME
program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#33431-061697) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 567.)
Mr. Harris moved the adoption of Ordinance No. 33431-061697.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Wyatt was absent.)
ACTION:
Mr. Harris offered the following resolution:
(#33432-061697) A RESOLUTION accepting the Fiscal Year 1997-
98 funds for the HOME Investment Partnerships Program, and
authorizing the proper City officials to execute the requisite Grant
Agreement with the United States Department of Housing and Urban
Development (HUD).
(For full text of Resolution, see Resolution Book No. 59, page 569.)
Mr. Harris moved the adoption of Resolution No. 33432-061697.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY-
COMMUNITY PLANNING-GRANTS-HOTEL ROANOKE CONFERENCE
CENTER-VIRGINIA TECH: The City Manager submitted a written report
advising that pursuant to Resolution No. 33402-051297, adopted on
Monday, May 12, 1997, Council authorized the filing of a Community
Development Block Grant (CDBG) application through the submission
of the Consolidated Plan to the U. S. Department of Housing and Urban
Development (HUD) for fiscal year 1997-98; and HUD approval of the
fiscal year 1997-98 CDBG application is forthcoming.
Itwas further advised that grant approval is for $2,134,000.00, the
amount requested by the City; the appropriation request includes
$366,184.00 in expected Community Development Block Grant 1997-98
program income from parking receipts, The Hotel Roanoke 108
loan repayment, Roanoke Redevelopment and Housing Authority
rehabilitation loan repayments, miscellaneous loan repayments, and
repayments from the Home Ownership Assistance Program; the
appropriation request also includes $127,548.00 in appropriated
program income received from the Roanoke Redevelopment and
Housing Authority in the 1996-97 program year for land sales in
Deanwood and Shaffers Crossing; and the appropriation request totals
$2,627,732.00:
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CDBG Entitlement
Estimated 1997-98 Program Income
Unprogrammed Program Income
$2,134,000.00
366,184.00
127,548.00
Total Appropriation
$2,627,732.00
An additional $1,928.00 needs to be transferred between accounts in
the prior year of CDBG entitlement.
The City Manager recommended that Council concur in the
following actions:
Adopt a resolution accepting fiscal year 1997-98
Community Development Block Grant funds, contingent
upon receipt of the approval letter from the U. S.
Department of Housing and' Urban Development, and
authorize the City Manager to execute the required Grant
Agreement, to be approved as to form by the City
Attorney, Funding Approval, and any other forms required
by HUD on behalf of the City in order to accept such
funds;
Appropriate $2,627,732.00 to revenue and expenditure
accounts in the Grant Fund to be established by the
Director of Finance ($2,134,000.00 CDBG entitlement,
$366,184.00 projected fiscal year 1997-98 program income,
and $127,548.00 in unappropriated fiscal year 1996-97);
and
Transfer $1,928.00 between the prior two years of
Community Development Block Grant entitlements.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#33433-061697) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 570.) __
21
ACTION:
Mr. White moved the adoption of Ordinance No. 33433-061697.
The motion was seconded by Mr. Swain.
Estelle H. McCadden, President, Melrose/Rugby Neighborhood
Forum, advised that the organization has operated for six years and
has never requested assistance from the City. She called attention to
certain accomplishments of the organization, all of which make the City
of Roanoke look good. On behalf of the Melrose/Rugby Neighborhood
Forum, she requested one-time funding through the City's Community
Development Block Grant for funds to acquire a building to house
equipment, to conduct meetings, and to use as a small community
center for tutoring, etc.
The City Manager advised that he was requested by Council to
work with Ms. McCadden to identify a source of funds and whether or
not the project would qualify for funding once fully identified. He
explained that City staff continues to meet with Ms. McCadden,
although it is his understanding that the option for the building in
question might expire before the City can identify carryover funds by
July 15. He stated that once the building is identified, there are a
number of questions in terms of use of the building and technical and
zoning issues that will have to be addressed. He added that many of
the questions involve timing issues, and staff will continue to work with
the Melrose/Rugby Neighborhood Forum.
Ms. McCadden advised that based on meetings with the property
owner, it may be possible to extend the option for approximately three
months to provide the City with more time to identify a funding source.
Ordinance No. 33433-061697 was adopted by the following vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ O.
(Vice-Mayor Wyatt was absent.)
22
ACTION:
Mr. White offered the following resolution:
(#33434-061697) A RESOLUTION accepting the Fiscal Year 1997-
98 funds for the Community Development Block Grant Program, and
authorizing the proper City officials to execute the requisite Grant
Agreement with the United States Department of Housing and Urban
Development (HUD).
(For full text of Resolution, see Resolution Book No. 59, page $76.)
Mr. White moved the adoption of Resolution No. 33434-061697.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .......................................................................... 6.
NAYS: None .0.
(Vice-Mayor Wyatt was absent.)
PURCHASE/SALE OF PROPERTY-TRAFFIC-EASEMENTS-
CONDEMNATION PROCEEDINGS-INDUSTRIES-ECONOMIC
DEVELOPMENT: The City Manager submitted a written report advising
that Ordinance No. 33241-012197, adopted on Monday, January 21,
1997, provides for acquisition of property rights needed by the City for
the Roanoke Electric Steel Industrial Access Road project across
property owned by Haymes Brothers, Inc., and identified as Official Tax
No. 6010603, and the ordinance further provides that total
consideration expended for the parcel of land should not exceed
$70,000.00, including closing costs, appraisal fees, title search fees,
attorney fees and recordation costs, without Council approval; the City
received an appraisal of the abovereferenced parcel of land and
negotiated a purchase price of $77,500.00 with the owner; and closing
costs and associated fees are estimated to be $$,000.00.
The City Manager recommended that Council amend Ordinance
No. 33241-012197, adopted on January 21, 1997, to authorize
acquisition of property rights needed by the City for the Roanoke
23
ACTION:
Electric Steel Access Road project, Official Tax No. 6010603, for a
consideration not to exceed $85,000.00, including closing costs and
associated fees.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#33435-061697) AN ORDINANCE amending Ordinance No.
33241-012197 to amend the total amount of consideration that may be
offered or expended for acquisition of property rights needed by the
City for the Roanoke Electric Steel Industrial Access Road Project
across property owned by Haymes Brothers, Inc., and identified as
Official Tax No. 6010603; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 577.)
Mr. Swain moved the adoption of Ordinance No. 33435-061697.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
BUDGET-TRAFFIC-STATE HIGHWAYS-CAPITAL IMPROVEMENTS
PROGRAM-GRANTS-STREETS AND ALLEYS-lSTEA: The City Manager
submitted a written report advising that the Intermodal Surface
Transportation Efficiency Act (ISTEA) was signed into Federal law
in December 1991; ISTEA requires State departments for transportation
to set aside a minimum of ten per cent of The Surface Transportation
Program (STP) allocation each year to be used for "hazard elimination"
and "rail/highway grade crossings"; and the Virginia Department of
Transportation (VDOT) approved the City's project applications in
December 1993, for the following projects:
Old Mountain Road/Nelms Lane, N. E., Intersection -widen
pavement and improve alignment of Nelms Lane;
24
King Street/Berkley Avenue, N. E., intersection - improve
sight distance by widening King Street; and
Albemarle Avenue, S. E., railroad grade crossing - upgrade
flashing lights and add gates, east of Williamson Road.
It was further advised that Council adopted Resolution Nos.
32101-071197, 32102-071194, and 32103-071194 on July 11, 1994, to
enable the Virginia Department of Transportation to program the
abovereferenced projects in the Six-Year Improvement Program;
Council authorized execution of project administration agreements on
August 15, 1995, and authorized right-of-way acquisitions on October
7, 1996; plans for the two intersection projects are complete and have
been reviewed with each property owner, and right-of-way acquisition
is complete; design concerns have been resolved to the apparent
satisfaction of the property owners; and, consequently, VDOT has
allowed the projects to proceed without a formal public hearing (the
Albemarle Avenue, S. E., railroad grade crossing project was
completed in 1996).
It was explained that bids for construction of the two projects
were advertised jointly as one contract; the Virginia Department of
Transportation received one bid from Fort Chiswell Construction Co.,
Bluefield, West Virginia, in the amount of $306,653.15, which was
determined to be an acceptable bid price, and the Commonwealth
Transportation Board awarded the contract on May 15, 1997; the City
must execute the two City/State Agreements before VDOT will allow
Fort Chiswell Construction Co., to begin construction; the City's share
of the cost of the projects totals $63,114.84; project costs exceed
Federal allocations by $47,533.87 for the Old Mountain Road/Nelms
Lane Project, and $14,922.97 for the King Street/Berkley Road Project;
the City is responsible for 100 per cent of these costs; the City will
front-fund the right-of-way costs in the amount of $17,340.00; and
billing procedures between VDOT and the City require that the City
establish a receivable account of $17,340.00.
The City Manager recommended that Council concur in the
following actions:
Authorize the City Manager to execute two City/State
Agreements on behalf of the City, said Agreements to be
in a form approved by the City Attorney; and
ACTION:
ACTION:
Establish a receivable account from the Virginia
Department of Transportation for $17,340.00, and transfer
$17,340.00 from Account No. 008-052-9606-9001 to
Account No. 008-052-9606-9007.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#33436-061697) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 578.)
Mr. Harris moved the adoption of Ordinance No. 33436-061697.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
Mr. Harris offered the following resolution:
(#33437-061697) A RESOLUTION authorizing execution of an
agreement between the City and the Commonwealth of Virginia,
Department of Transportation, said agreement relating to the
construction phase of the Old Mountain Road, N. E., and Nelms Lane,
N. E., Project (Project No. U000-128-V21, PE-101, RW-201, M-501); upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 59, page 579.)
Mr. Harris moved the adoption of Resolution No. 33437-061697.
The motion was seconded by Mr. Swain and adopted by the following
vote:
25
26
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Wyatt was absent.)
Mr. Harris offered the following resolution:
(#33438-061697) A RESOLUTION authorizing execution of an
agreement between the City and the Commonwealth of Virginia,
Department of Transportation, said agreement relating to the
construction phase of the King Street and Berkley Road, N. E., Project
(Project No. U000-128-V22, PE-101, RW-201, M-501); upon certain terms
and conditions.
ACTION:
(For full text of Resolution, see Resolution Book No. 59, page 580.)
Mr. Harris moved the adoption of Resolution No. 33438-061697.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ O.
(Vice-Mayor Wyatt was absent.)
ROANOKE CiViC CENTER-CMERP-EQUIPMENT: The City
Manager submitted a written report advising that on April 21, 1997,
Council authorized award of a contract for rigging system renovations
at the Roanoke Civic Center Auditorium to Custom Rigging Systems,
Inc., in the amount of $98,027.00; during development of contract
documents, it was determined that Custom Rigging Systems, Inc., is
not incorporated and is a subsidiary of Harris-Johnson Industries, Inc.;
all other aspects of the bid, its response and the recommended award
remains the same as originally presented; and an amendment by
Council to Ordinance No. 33341-042197 is necessary to correct the
abovedescribed misnomer.
ACTION:
The City Manager recommended that Council authorize an
amendment to Ordinance No. 33341-042197, adopted on Monday,
April 21, 1997, which will correct the name of the firm for the award of
rigging system renovations at the Roanoke Civic Center Auditorium to
Harris-Johnson Industries, Inc., d/b/a Custom Rigging Systems.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#33439-061697) AN ORDINANCE amending Ordinance No.
33341-042197 to correct a misnomer and set forth the correct name of
the entity being awarded the bid to renovate the existing rigging system
at the Roanoke Civic Center Auditorium; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 581.)
Mr. Swain moved the adoption of Ordinance No. 33439-061697.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
POLICE DEPARTMENT-GRANTS-COMMUNICATIONS
DEPARTMENT-CITY INFORMATION SYSTEMS: The City Manager
submitted a written report advising that in October 1996, the Roanoke
Police Department received information that grant funds would be
available through the Department of Criminal Justice Services for
records management upgrades; one of the grant programs addressed
funding for assistance as project manager for a technology upgrade
project; and hiring of a professional with extensive experience in the
law enforcement technology field was identified by City Information
Systems as being the best method to ensure that the project
progresses in a timely and efficient manner.
27
28
It was further advised that pursuant to Resolution No. 33177-
110496, adopted on November 4, 1996, Council authorized the City
Manager to execute appropriate documents for application to the
Department of Criminal Justice Services Grant Program for funds in the
amount of $15,000.00, with the City providing a local cash match of
$3,750.00; on December 18, 1996, the City was notified that funds, in the
amount of $9,675.00, have been awarded to the Police Department
under the grant program, which grant program requires a local cash
match of $3,225.00; in March 1997, City Information Systems distributed
a Request for Quotations for firms to handle the responsibilities of
project manager for the pending upgrade of the Police Records
Management System and needed changes to the Communications
Computer Aided Dispatch System; and responses to the request have
been evaluated, interviews have been conducted, and selection has
been completed.
The City Manager recommended that Council appropriate
$12,900.00 ($9,675.00 State funds and $3,225.00 local match) to Grant
Fund expenditure and revenue accounts to be established by the
Director of Finance.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#33440-061697) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 582.)
Mr. Harris moved the adoption of Ordinance No. 33440-061697.
The motion was seconded by Mr. Parrott and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers ........................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Wyatt was absent.)
HUMAN DEVELOPMENT-LEGISLATION-MANAGEMENT AND
BUDGET-YOUTH: The City Manager submitted a written report advising
that on April 15, 1992, pursuant to Senate Bill 171 and House Bill 935,
the Comprehensive Service Act for At-Risk Youth and Families (CSA)
was enacted by the Virginia General Assembly, which legislation
"created a collaborative interagency system of service and funding that
is child-centered, family-focused, and community-based when
addressing the strengths and needs of troubled and at-risk youth and
their families"; the CSA established, effective July 1, 1993, a pool of
State funds to be expended for public or private non-residential or
residential services for the targeted population of at-risk youth
and their families; Resolution No. 31301-011193, adopted by Council on
January 1~, 1993, provided for "establishment for the City of Roanoke
of a Community Policy and Management Team to be named the
Roanoke Interagency Council, pursuant to the Comprehensive Services
Act for At-Risk Youth and Families, appointed the membership of such
team, provided powers and duties of the team, and designated the legal
counsel and a fiscal agent, effective January 1, 1993."; and Section 2.1-
751 of the Act states that "the local governing body may appoint other
members to the team including, but not limited to, a local government
official ...... ".
It was explained that the Comprehensive Services Act required
the consolidation of eight categorical funding streams from four
agencies into a State Funds Pool which is distributed-to localities on a
formula basis; and membership of the Roanoke Interagency Council
(RIC) needs to include the City's Budget Administrator who can provide
assistance and direction to the RIC in complying with requirements of
State and local audits and address changes in fiscal management
required by the State.
The City Manager recommended that Council adopt a resolution
appointing the Budget Administrator as a representative on the
Roanoke Interagency Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#33441-061697) A RESOLUTION appointing the City's Budget
Administrator to the Roanoke Interagency Council.
(For full text of Resolution, see Resolution Book No. 59, page 583.)
29
30
ACTION:
Mr. White moved the adoption of Resolution No. 33441-061697.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers ........................................................................ 6.
NAYS: None .................................................................. 0.
(Vice-Mayor Wyatt was absent.)
BUDGET-HUMAN DEVELOPMENT-GRANTS-FDETC: The City
Manager submitted a written report advising that the Fifth District
Employment and Training Consortium administers the Federally funded
Job Training Partnership Act (JTPA) for the Fifth Planning District; the
Consortium serves eligible residents in the Counties of Alleghany,
Botetourt, Craig and Roanoke, and the Cities of Clifton .Forge,
Covington, Roanoke and Salem; the Consortium serves the
economically disadvantaged and dislocated workers; and the City of
Roanoke is the grant recipient for Fifth District Employment and
Training Consortium funding, and Council must appropriate funding for
all grants and other monies received by the Consortium.
It was further advised that the Governor's Employment and
Training Department (GETD) has sent to the Consortium Notices of
Award and adjustments for programs which include on-the-job training,
work experience, job related education, classroom training, job
placement activities, and remedial education, in the following amount,
viz: One Stop Planning Grant - $20,000.00 - representing support costs
for development of a One Stop Career Center System implementation
plan.
The City Manager recommended that Council appropriate Fifth
District Employment and Training Consortium funding totalling
$20,000.00 and increase the revenue estimate by $20,000.00 in
accounts to be established in the Consortium Fund by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Swain offered the following emergency budget ordinance:
(#33442-061697) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 Consortium Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 583.)
Mr. Swain moved the adoption of Ordinance No. 33442-061697.
The motion was seconded by Mr. Parrott and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ O.
(Vice-Mayor Wyatt was absent.)
BUDGET-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA
TECH: The City Manager submitted a written report advising that on
July 27, 1992, Council authorized establishment of an Agency
Fund entitled, "Hotel Roanoke Conference Center Commission
(HRCCC)"; operating budget for the HRCCC must be approved by
Roanoke City Council and the Virginia Tech Board of Visitors, pursuant
to Sections 21B and 21C of the Hotel Roanoke Conference Center
Commission Act, which operating subsidies are to be equally divided
between the City and Virginia Tech; on June 10, 1997, HRCCC adopted
an operating budget for fiscal year 1997-98, which is intended to cover
expenses of the Conference Center operations as managed by Double
Tree Hotels, Inc.; at its meeting on April 21, 1997, the Virginia Tech
Board of Visitors approved its subsidy in the amount of $175,000.00;
and the City of Roanoke General Fund budget adopted on May 12, 1997,
included the City's subsidy of $175,000.00.
The City Manager recommended that Council concur in the
following actions:
Approve the 1997-98 Hotel Roanoke Conference Center
Commission operating budget;
3l
32
ACTION:
ACTION:
Appropriate $350,000.00 to Conference Center agency
fund accounts established by the Director of Finance for
Conference Center administration support and other
expenses; and
Establish revenue estimates of $175,000.00, each, for City
and Virginia Tech contributions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Parrott offered the following emergency budget ordinance:
(#33443-061697) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Hotel Roanoke Conference Center Commission
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 584.)
Mr. Parrott moved the adoption of Ordinance No. 33443-061697.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Wyatt was absent.)
Mr. Parrott offered the following resolution:
(#33~.~.~.-061697) A RESOLUTION approving the annual operating
budget of the Hotel Roanoke Conference Center Commission for fiscal
year 1997-98.
(For full text of Resolution, see Resolution Book No. 59, page 586.)
Mr. Parrott moved the adoption of Resolution No. 33444-061697.
The motion was seconded by Mr. Swain and adopted by the following
vote:
33
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
Upon question, the City Manager advised that the fiscal year will
end on June 30, and he projected that thers will be retained earnings at
the end of the fiscal year which will go into the capital reserve. He
stated that the Conference Center has exceeded the City's original
estimates.
The Director of Finance advised that last year, the Conference
Center generated $1,283,000.00 in local dollars, which more than
adequately paid the debt service on the bonds that were issued to
construct the facility, and also funded the $175,000.00 contribution that
the City made toward operation of the Hotel Roanoke Conference
Center Commission, therefore, the facility is paying for itself.
Mr. Swain inquired about Hotel Roanoke operating profits;
whereupon, the City Manager advised that officials of Virginia Tech
could be requested to present a Council briefing. He stated that The
Hotel Roanoke operates as a private business with certain proprietary
information that requires normal business protection.
The City Manager advised that he would discuss the matter
further with Mr. Swain following the Council meeting.
DIRECTOR OF FINANCE:
BUDGET-SEWERS AND STORM DRAINS-BUILDINGS/BUILDING
DEPARTMENT-PARKS AND RECREATION-BRIDGES-CAPITAL
IMPROVEMENTS PROGRAM-WATER RESOURCES-STREETS AND
ALLEYS: The Director of Finance submitted a written report advising
that capital projects of all types have been approved by Council for
construction over the past years; funding is established for each
project when Council approves construction based on the bids for the
various construction costs, as well as extra funding for possible
contingencies; and completed projects have contingency funds
remaining after final bills are paid, because projects are completed
within established budgets.
ACTION:
It was further advised that a number of projects have been
completed and can be closed out; remaining funds need to be
transferred from the completed projects to capital projects still under
construction or to capital improvement reserve accounts for other
future construction; and a proposed budget ordinance will provide for
the following:
Transfer $132,936.00 in remaining funds from completed
projects to the capital improvement reserve to be available
for future appropriations;
Transfer bond proceeds funds of $6,894.00 to the 1994
Sewage Treatment Bond account for future
appropriations; and
Transfer remaining funds of $56,786.00 to other related
projects still under construction.
The Director of Finance recommended that funds from completed
capital projects be transferred into appropriate accounts, pursuant to
a proposed budget ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Parrott offered the following emergency budget ordinance:
(#33445-061697) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 Water, Sewage Treatment, and Capital Projects
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 586.)
Mr. Parrott moved the adoption of Ordinance No. 33445-061697.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
ACTION:
CITY ATTORNEY:
CITY CODE-LEGISLATION: The City Attorney submitted a written
report advising that since 1982, Council has reenacted and recodified
the City Code on an annual basis, in order to properly incorporate
amendments made by the Virginia General Assembly at the previous
Session to State statutes that are incorporated by reference in the City
Code, which procedure ensures that ordinances codified in Roanoke's
Code incorporate current provisions of State law; and this year, the
procedure is more important because of the massive recodification of
Title 15.1, Code of Virginia (1950), as amended, relating to local
government, as new Title 15.2, which will be effective October 1, 1997.
The City Attorney recommended that Council adopt a proposed
ordinance to readopt and reenact the Code of the City of Roanoke
(1979), as amended.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#33446-061697) AN ORDINANCE to readopt and reenact the
Code of the City of Roanoke (1979), as amended; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 589.)
Mr. Harris moved the adoption of Ordinance No. 33446-061697.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
CITY CODE-COUNCIL-LEGISLATION: The City Attorney
submitted a written report transmitting three proposed measures
relating to meetings of City Council.
36
The City Attorney advised that the first measure is an ordinance
that amends Rule 1 of Council to provide that, after July 1, 1997,
Council will meet at 12:15 p.m., on the first and third Mondays of each
month; the second measure conforms the City's procedures relating to
Council meetings to the requirements of new Title 15.2, Cities. Counties
and Towns, of the State Code which will be effective on October 1,
1997; Section 15.2-1416 will require that Council hold an organizational
meeting at its first meeting in July of each year, at which meeting,
Council will be required to adopt a resolution establishing its meeting
schedule (days, times and places of regular meetings) for the fiscal
year, and thereafter, if Council desires to amend the regular meeting
schedule, a resolution establishing the future meeting date, place or
time will have to be adopted. He explained that a copy of the
amendatory resolution will have to be posted at the door of the City
Council Chamber and published in a newspaper of general circulation
at least seven days prior to the affected meeting; Section 15.2-1416
also provides authority for the Mayor to postpone a regular meeting of
Council in case of a weather emergency, and provides new authority
that regular meetings may be adjourned without further public notice
from day to day or from time to time or from place to place not beyond
the time fixed for the next regular meeting; and the third measure will
change the time and place for the July 7, 1997, Council meeting to
commence at 12:15 p.m., at the Virginia Museum of Transportation, 303
Norfolk Avenue, S. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#33447-061697) AN ORDINANCE amending and reordaining
Rule 1, Re~jular meetincjs, of §2-15, Rules of procedure, of the Code of
the City of Roanoke (1979), as amended, to provide for a new schedule
of regular meetings of City Council, effective July 1, 1997; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 591.)
ACTION:
Mr. Harris moved the adoption of Ordinance No. 33447-061697.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
ACTION:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
Mr. Parrott offered the following emergency ordinance:
(#33448-061697) AN ORDINANCE amending and reordaining
Rule 1, Re_~ular meetings, of §2-15, Rules of _~rocedure, of the Code of
the City of Roanoke (1979), as amended, to provide for regular
meetings, an organizational meeting, amendments to meeting
schedule, continuance of a meeting due to emergency and adjournment
of meetings; and providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 59, page 592.)
Mr. Parrott moved the adoption of Ordinance No. 33448-061697.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
Mr. Swain offered the following resolution:
(#33449-061697) A RESOLUTION changing the time and place of
commencement of the regular meeting of City Council scheduled to be
held at 12:30 p.m., on Monday, July 7, 1997.
(For full text of Resolution, see Resolution Book No. 59, page 595.)
Mr. Swain moved the adoption of Resolution No. 33449-061697.
The motion was seconded by Mr. Harris and adopted by the following
vote:
37
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Wyatt was absent.)
REPORTS OF COMMITTEES:
BUDGET-ROANOKE CiViC CENTER-CAPITAL IMPROVEMENTS
PROGRAM: Council Member Parrott, Chairperson, Bid Committee,
presented a written report on behalf of the Bid Committee, in
connection with bids received by the City for cleaning and restoration
of the exterior of the Roanoke Civic Center.
The Bid Committee recommended that Council concur in the
following actions:
Authorize the City Manager to enter into a contractual
agreement with Williams Painting and Remodeling, Inc., in
a form to be approved by the City Attorney, in the amount
of $65,400.00 and 90 consecutive calendar days to
complete the work;
Transfer funds from the 1996 Public Improvement Bond
Issue to a Capital account entitled, "Cleaning and
Restoration Exterior of Roanoke Civic Center", as
follows:
Contract Amount
Contingency
Total
$65,400.00
5,600.00
$71,000.00
The estimated cost of Bid Items 1, 2, and 3 totaled
$100,000.00, the designated amount for the project; due to
the amount of the Iow bid, an additional appropriation of
$29,000.00 is desirable to apply sealer to the exterior
surfaces following cleaning and painting, which would be
within the budgeted amount of $100,000.00; and
Reject the other bid received by the City.
39
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
ACTION:
(For full text, see reports on file in the City Clerk's Office.)
Mr. Parrott offered the following emergency budget ordinance:
(#33450-061697) AN ORDINANCE to amend and reordain certain
sections of the 1996-97 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 595.)
Mr. Parrott moved the adoption of Ordinance No. 33450-061697.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
PUBLIC WORKS-EQUIPMENT: Council Member Parrott,
Chairperson, Bid Committee, presented a written report on behalf of the
Bid Committee, in connection with bids received by the City for removal
of four 20,000 gallon steel fuel tanks, and replacement with four 10,000
gallon FRP single wall tanks at the Public Works Service Center.
The Bid Committee recommended that Council authorize the City
Manager to enter into a contractual agreement, in a form to be
approved by the City Attorney, with S. J. Conner and Sons, Inc., in the
amount of $99,995.00, and 49 consecutive calendar days to complete
the work; and that all other bids received by the City be rejected.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
4O
ACTION:
Mr. Parrott offered the following emergency ordinance:
(#33451-061697) AN ORDINANCE accepting the bid of S. J.
Conner and Sons, Inc., for the removal of four 20,000 gallon steel fuel
tanks and to replace them with four 10,000 gallon FRP single wall tanks
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; 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. 59, page 596.)
Mr. Parrott moved the adoption of Ordinance No. 33451-061697.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .................. 6.
NAYS: None ...................................................................... 0.
(Vice-Mayor Wyatt was absent.)
CITY PROPERTY-CHURCH AVENUE PARKING GARAGE-
CENTURY STATION PARKING GARAGE-TOWER PARKING GARAGE-
WlLLIAMSON ROAD PARKING GARAGE-REPUBLIC PARKING SYSTEM,
INC.-MARKET SQUARE PARKING GARAGE: Kit B. Kiser, Director,
Utilities and Operations, presented a written report on behalf of a
committee, regarding proposals for management and operation of
parking structures and parking lots. He advised that management and
operation of City parking facilities has been provided by the Greater
Roanoke Transit Company (GRTC) on a temporary basis since
September 26, 1996, when the previous contract with Republic Parking
System was terminated; fees paid to GRTC for temporary operation and
management do not cover all costs, therefore, continuation of the
current arrangement on a long-term basis is not an option; competitive
negotiation, as opposed to competitive sealed bidding, was approved
by Council on August 19, t996, as the selection method most
advantageous to the City in securing management and operating
services for the parking facilities; and proposals were received on
March 7, 1997, following public advertisement for management and
operation of the following facilities, effective July 1, 1997, or as soon
thereafter as possible:
ACTION:
Century Station Parking Garage
Church Avenue Parking Garage
Market Square Parking Garage
Tower Parking Garage
Williamson Road Parking Garage
Viaduct Parking Lot
Williamson Road Parking Lot
It was explained that following review of all proposals, AIIright
Roanoke Parking, Inc., and Greater Roanoke Transit Company were
deemed to be the most qualified and were selected for competitive
negotiation.
The committee recommended that Council authorize acceptance
of the proposal submitted by AIIright Roanoke Parking, Inc., and
execution of a contract document, as said document was provided to
prospective proposers, in a form to be approved by the City Attorney.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Parrott offered the following emergency ordinance:
(#33452-061697) AN ORDINANCE accepting the proposal of
AIIright Roanoke Parking, Inc., for the management and operation of
certain parking facilities for a term of five years, with a renewal option,
upon certain terms and conditions; awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract;
rejecting all other proposals made to the City; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 597.)
Mr. Parrott moved the adoption of Ordinance No. 33452-061697.
The motion was seconded by Mr. Swain and adopted by the following
vote:
41
42
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .......................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Wyatt was absent.)
BUDGET-HUMAN DEVELOPMENT-COMMITTEES-CULTURAL
SERVICES COMMITTEE: Sandra W. Ryals, Chairperson, Cultural
Services Committee, presented a written report on behalf of the
Committee, advising that the Cultural Services Committee's budget was
established by Council, pursuant to Ordinance No. 33382-051297,
adopted May 12, 1997; requests from 19 agencies were received
totalling $901,375.00; and the budget for fiscal year 1997-98, approved
by Council, provides available funding allocation for fiscal year 1997-98
in the amount of $441,204.00.
The Cultural Services Committee recommended that Council
concur in the following actions:
Allocate funding to agencies in amounts recommended on
Attachment A to the Committee's report;
Authorize the Director of Human Development to process
payment of funds to agencies after objectives, activities,
and/or other reasonable requests of the monitoring staff
are submitted and accepted;
Transfer $441,204.00 from the Cultural Services
Committee, Account No. 001-054-5221-3700, to new line
items to be established within the Cultural Services
Committee budget by the Director of Finance; and
Transfer $10,000.00 from the Health Department,
Account No. 001-054-5110-3700, to Memberships and
Affiliations, Account No. 001-002-7220-3753, Sister Cities,
International.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
Mr. Trout offered the following emergency budget ordinance:
(#33453-061697) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 598.)
Mr. Trout moved the adoption of Ordinance No. 33453-061697.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Wyatt was absent.)
The Mayor inquired if other local governments in the Roanoke
Valley provide funding for the Roanoke Valley Sister Cities Committee;
whereupon, the City Manager advised that he would make the
appropriate inquiries and advise Council accordingly.
Mr. Trout offered the following resolution:
(#33454-061697) A RESOLUTION concurring in the
recommendations of the Cultural Services Committee for allocation of
City funds to various nonprofit agencies for Fiscal Year 1997-1998.
(For full text of Resolution, see Resolution Book No. 59, page 600.)
Mr. Trout moved the adoption of Resolution No. 33454-061697.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
43
44
BUDGET-HUMAN DEVELOPMENT-COMMITTEES-HUMAN
SERVICES COMMITTEE: Glenn D. Radcliffe, Chairperson, Human
Services Committee, presented a written report on behalf of the
Committee, advising that the Human Services Committee's budget was
established by Council, pursuant to Ordinance No. 33382-051297, by
which the General Fund budget for fiscal year 1997-98 was adopted on
May 12, 1997; and requests from 32 agencies were received totalling
$737,569.00.
The Human Services Committee recommended that Council
concur in the following actions:
Allocate funding to agencies in the amounts
recommended on Attachment A to the Committee's report;
Authorize the Director of Human Development to process
payment of funds to agencies after objectives, activities,
and/or other reasonable requests of the monitoring staff
are submitted and accepted;
Transfer $421,267.00 from Human Services Committee,
Account No. 001-054-5220-3700, to new line items to be
established within the Cultural Services Committee budget
by the Director of Finance; and
Authorize the City Manager, or his designee, to negotiate
a contract for $26,996.00 with The Salvation Army for
provision of services to City citizens under the Homeless
Housing Program and/or Abused Women's Shelter, and
Council will be requested to authorize execution of the
contract following negotiation.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#33455-061697) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 59, page 601.) __
ACTION:
ACTION'
Mr. White moved the adoption of Ordinance No. 33455-061697.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-MaY~r Wyatt was absent.)
Mr. White offered the following resolution:
(#33456-061697) A RESOLUTION concurring in the
recommendations of the Human Services Committee for allocation of
City funds to various nonprofit agencies and performance audits for
Fiscal Year 1997-1998, and authorizing the City Manager, or his
designee, to negotiate a contract with The Salvation Army for provision
of services under the Homeless Housing Program and/or Abused
Women's Shelter.
(For full text of Resolution, see Resolution Book No. 59, page 603.)
Mr. White moved the adoption of Resolution No. 33456-061697.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
45
46
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-YOUTH-VALLEYVIEWMALL-SCHOOLS-STREETS
AND ALLEYS: Mr. William Parenfi, 3544 Courtland Road, N. W., advised
that there is considerable concern in his neighborhood regarding
safety issues surrounding the Huff Lane Micro Village as a result of
construction of the Valley View Extension Road, and the fact that the
road is proposed to be constructed 55 feet from an elementary school
attended by third, fourth and fifth grade students, and a proposed berm
will be constructed with trees at the corner of Huff Lane Micro Village
which will decrease the distance from the school to 40 feet. He
explained that two restaurants on Hershberger Road were relocated
when Valley View Boulevard was constructed, and inquired as to why
the Tire America building cannot be relocated which will enable the
road to go through that area rather than so close to school property.
He stated that the safety of the children must be paramount and
planners should ensure that there is no way that a child can get across
the berm to a four-lane congested roadway. He further stated that any
access to the roadway must be far away from Huff Lane Micro Village,
and the neighborhood would prefer a brick wall or decorative concrete
in lieu of a plain concrete wall. He called attention to conflicting reports
from the School Board and the City as to when the work will commence
-- the City advises that the work will start before the next school year
ends and the School Board advises that the work will start after the
next school year ends. He stated that construction should begin after
the school year ends because students should not be expected to
occupy a closed school building in 80 degree weather.
Ms. Kathy Parenti, 3544 Courtland Road, N. W., advised that as
one member of the community, she is of the opinion that neighborhood
concerns have not been considered in the decisionmaking process.
She stated that residents of the area have inquired about an alternative
route, only to be told that it would not be financially feasible for the
developer. She added that an alternative solution has been proposed
to the City which is a viable alternative that will address the
community's concerns and enable the road to be constructed farther
away from the neighborhood, while addressing the stipulations of
maintaining a 35 mile per hour speed limit as well as a road to the
airport. She stated that the developer and the City will recoup any
losses over a short period of time, but the community will not recoup
damage done to the neighborhood should the road be constructed as
presently proposed. She advised that as a parent of children attending
47
ACTION:
Huff Lane Micro Village, she is concerned about safety and an
uninterrupted learning atmosphere, because the proposed road will be
55 feet away from the school and with the addition of the berm, the road
will be 40 feet away from the school, and with all safety precautions in
place, the road will be too close to Huff Lane Micro Village. She stated
that there is more than enough space available for an alternative route,
but the City must place the children and the community first, not the
developer.
ZONING-COMPLAINTS-STREETS AND ALLEYS: Ms. Carolyn
Fields, 706 10th Street, N. W., expressed opposition to a proposed
rezoning of six parcels of land lying on the west side of 10th Street, N.
W., for the proposed construction of a Rite-Aid Drug Store. She
advised that she does not wish to live next door to the establishment
which will be less than six feet from her property line. She stated that
five young children reside in her home and expressed concern relative
to safety as a result of additional vehicular traffic, devaluation of her
property, and persons will congregate in the alley behind her home
engaging in unacceptable behavior. She requested that Council deny
the proposed rezoning.
Ms. Barbara Dillard, 1721 Center Avenue, N. W., addressed
Council in support of the remarks of Ms. Fields.
The Mayor advised that Council will hold a public hearing on the
matter at the 7:00 p.m. session, and invited Ms. Fields to attend the
meeting to express her concerns.
At 4:50 p.m., the Mayor declared the meeting in recess.
At 5:50 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Council Member Trout and Vice-
Mayor Wyatt.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Harris 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 Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Swain and adopted by the following vote:
48
ACTION:
AYES: Council Members Parrott, Swain, White, Harris and
Mayor Bowers .............................................................................. 5.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt and Council Member Trout were absent.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that there is a vacancy on the Youth Services Citizen Board created by
the resignation of Ronald L. Turner, and called for nominations to fill
the vacancy.
Mr. Harris placed in nomination the name of Adam G. Herbert.
There being no further nominations, Mr. Herbert was elected as
a member of the Youth Services Citizen Board, for a term ending
May 31, 2000, by the following vote:
FOR MR. HERBERT: Council Members Parrott, Swain, White,
Harris and Mayor Bowers ............................................................ 5.
(Vice-Mayor Wyatt and Council Member Trout were absent.)
OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised
that the term of office of Robert E. Tonkinson, Jr., as a member of the
Board of Trustees, City of Roanoke Pension Plan, will expire on
June 30, 1997, and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Robert E.
Tonkinson, Jr.
Thers being no further nominations, Mr. Tonkinson was reelected
as a member of the Board of Trustees, City of Roanoke Pension Plan,
for a term ending June 30, 2001, by the following vote:
FOR MR. TONKINSON: Council Members Parrott, Swain, White,
Harris and Mayor Bowers ............................................................ 5.
(Vice-Mayor Wyatt and Council Member Trout were absent.)
49
ACTION:
OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT:
The Mayor advised that the terms of office of William L. Bova,
Elizabeth S. Doughty, James O. Trout, and Linda F. Wyatt as members
of the Economic Development Commission will expire on June 30,
1997, and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of William L. Bova,
Elizabeth S. Doughty, James O. Trout, and Linda F. Wyatt.
There being no further nominations, Messrs. Bova and Trout, Ms.
Doughty, and Ms. Wyatt were reelected as members of the Economic
Development Commission, for terms ending June 30, 2000, by the
following vote:
FOR MESSRS. BOVA AND TROUT, MS. DOUGHTY, AND
MS. WYATT: Council Members Parrott, Swain, White, Harris and
Mayor Bowers ............................................................................. 5.
(Vice-Mayor Wyatt and Council Member Trout were absent.)
OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING-FIFTH
PLANNING DISTRICT COMMISSION: The Mayor advised that the terms
of office of C. Nelson Harris, J. Lee E. Osborne, and Marsha C. Fielder
as members of the Fifth Planning District Commission will expire on
June 30, 1997, Ms. Fielder has declined to serve another term, and
called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of C. Nelson Harris
and J. Lee E. Osborne.
There being no further nominations, Messre. Harris and Osborne
were reelected as members of the Fifth Planning District Commission,
for terms ending June 30, 2000, by the following vote:
FOR MESSRS. HARRIS AND OSBORNE: Council Members
Parrott, Swain, White, Harris and Mayor Bowers ................................ 5.
(Vice-Mayor Wyatt and Council Member Trout were absent.)
50
ACTION:
ACTION:
COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor
advised that the terms of office of Robert H. Bennett, Jr., Willard N.
Claytor, Lucian Y. Grove, Kathy S. Hill, Read A. Lunsford, Harold L.
Shaffer, Dennis Tinsley, and Edgar V. Wheeler as members of the Flood
Plain Committee will expire on June 30, 1997, and called for
nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Robert H. Bennett,
Jr., Willard N. Claytor, Lucian Y. Grove, Kathy S. Hill, Read A. Lunsford,
Harold L. Shaffer, Dennis Tinsley, and Edgar V. Wheeler.
There being no further nominations, Messrs. Bennett, Claytor,
Grove, Lunsford, Shaffer, Tinsley, Wheeler and Ms. Hill were reelected
as members of the Flood Plain Committee, for terms ending June 30,
1998, by the following vote:
FOR MESSRS. BENNETT, CLAYTOR, GROVE, LUNSFORD,
SHAFFER, TINSLEY, WHEELER AND MS. HILL: Council Members
Parrott, Swain, White, Harris and Mayor Bowers ............................... 5.
(Vice-Mayor Wyatt and Council Member Trout were absent.)
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT-
CITY EMPLOYEES: The Mayor advised that the terms of office of
Jeannette E. Hardin and Alphonso L. Holland, Sr., as members of the
Personnel and Employment Practices Commission will expire on June
30, 1997, and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Jeannette E. Hardin
and Alphonso L. Holland, Sr.
Thers being no further nominations, Ms. Hardin and Mr. Holland
were reelected as members of the Personnel and Employment
Practices Commission, for terms ending June 30, 2000, by the following
vote:
FOR MS. HARDIN AND MR. HOLLAND: Council Members Parrott,
Swain, White, Harris and Mayor Bowers ........................................ 5.
(Vice-Mayor Wyatt and Council Member Trout were absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS
COMMISSION: The Mayor advised that the terms of office of Lucy L.
Hazlegrove, Mark C. Scala, and Ann L. Weinstein as members of the
Roanoke Arts Commission will expire on June 30, 1997, and called for
nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Lucy L. Hazlegrove,
Mark C. Scala, and Ann L. Weinstein.
There being no further nominations, Ms. Hazlegrove, Mr. Scala,
and Ms. Weinstein were reelected as members of the Roanoke Arts
Commission, for terms ending June 30, 2000, by the following vote:
FOR MS. HAZLEGROVE, MR. SCALA, AND MS. WEINSTEIN:
Council Members Parrott, Swain, White, Harris and Mayor Bowers ..... 5.
(Vice-Mayor Wyatt and Council Member Trout were absent.)
OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor
advised that the terms of office of Rochelle S. Nolan and Brooke M.
Parrott as members of the Roanoke Public Library Board will expire on
June 30, 1997, and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Rochelle S. Nolan
and Brooke M. Parrott.
There being no further nominations, Ms. Nolan and Ms. Parrott
were reelected as members of the Roanoke Public Library Board, for
terms ending June 30, 2000, by the following vote:
FOR MS. NOLAN AND MS. PARROTT: Council Members Parrott,
Swain, White, Harris and Mayor Bowers ........................................ 5.
(Vice-Mayor Wyatt and Council Member Trout were absent.)
COMMITTEES-SPECIAL EVENTS: The Mayor advised that the
terms of office of Dorothy L. Bull, Catherine Fox, Peter R. Lampman,
Sabrina T. Law, Estelle H. McCadden, Samuel G. Oakey, II, Margaret C.
Thompson, Allen T. Wilson, Sara L. McGhee, and Michael A. Russell as
members of the Special Events Committee will expire on June 30, 1997;
the City Clerk has been unable to contact Ms. McGhee to determine if
she is willing to serve another term, and Mr. Russell has declined to
serve another term; and called for nominations to fill the vacancies.
52
ACTION:
ACTION:
Mr. Harris placed in nomination the names of Dorothy L.
Bull, Catherine Fox, Peter R. Lampman, Sabrina T. Law, Estelle H.
McCadden, Samuel G. Oakey, II, Margaret C. Thompson, and Allen T.
Wilson.
Thers being no further nominations, Messrs. Lampman, Oakey,
Wilson, and Ms. Bull, Ms. Fox, Ms. Law, Ms. McCadden, and Ms.
Thompson were reelected as members of the Special Events
Committee, for terms ending June 30, 1998, by the following vote:
FOR MESSRS. LAMPMAN, OAKEY, WILSON AND MS. BULL, MS.
FOX, MS. LAW, MS. MCCADDEN, AND MS. THOMPSON: Council
Members Parrott, Swain, White, Harris and Mayor Bowers ............... 5.
(Vice-Mayor Wyatt and Council Member Trout were absent.)
COMMITTEES-WAR MEMORIAL: The Mayor advised that the
terms of office of Robert O. Gray, W. Robert Herbert, Sloan H. Hoopes,
Daniel E. Karnes, Alfred C. Moore, Carroll E. Swain, and James O. Trout
as members of the War Memorial Committee will expire on June 30,
1997, and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Robert O. Gray,
W. Robert Herbert, Sloan H. Hoopes, Daniel E. Karnes, Alfred C. Moore,
Carroll E. Swain, and James O. Trout.
Thers being no further nominations, Messrs. Gray, Herbert,
Hoopes, Karnes, Moore, Swain and Trout were reelected as members
of the War Memorial Committee, for terms ending June 30, 1998, by the
following vote:
FOR MESSRS. GRAY, HERBERT, HOOPES, KARNES, MOORE,
SWAIN AND TROUT: Council Members Parrott, Swain, White, Harris and
Mayor Bowers ............................................................................. 5.
(Vice-Mayor Wyatt and Council Member Trout were absent.)
At 5:55 p.m., the Mayor declared the meeting in recess until
7:00 p.m.
53
On Monday, June 16, 1997, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance, Mayor
Bowers presiding.
PRESENT: Council Members John H. Parrott, Carroll E.
Swain, James O. Trout, William White, Sr., C. Nelson Harris and Mayor
David A. Bowers .......................................................................... 6.
ABSENT: Vice-Mayor Linda F. Wyatt .................................... 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of
Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Mayor
Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PRESENTATIONS:
PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT: The Mayor
presented a proclamation declaring Monday, June 16, 1997, as "George
Lynch Day" in the City of Roanoke, and he also presented Mr. Lynch
with a Key to the City.
REPORTS OF COMMITTEES:
ELECTIONS-COUNCIL: Following a public hearing on Monday,
April 22, 1996, with regard to whether the qualified voters of the City of
Roanoke desire a referendum on a City Charter amendment
establishing a specific form of modified election district system
(sometimes referred to as a "ward" system) for the election of some
Members of City Council, the City Manager was instructed to convene
a Task Force to develop a modified ward system plan to be brought to
the City Council for the purpose of sending said plan to referendum to
be voted on by the qualified voters of the City of Roanoke. Specifically,
the Task Force shall be comprised of one member from each
neighborhood organization in the Roanoke Neighborhood Partnership
54
and such other neighborhood organizations with elected membership,
by-laws, and regular meetings, and members of each neighborhood
organization shall elect their representative to the Task Force.
Michael F. Urbanski, Chairperson, Modified Election District Task
Force, presented the final report of the Task Force recommending
that Council consist of seven total members, with five members
representing five different election districts of the City (from election
district boundaries drawn in the five-district map presented in
Appendix C to the report) and two at-large members serving as Mayor
and Vice-Mayor, who would be elected separately, advising that given
the new system, and following necessary legislative and Department of
Justice approvals, the Task Force further recommended that the Mayor
and three district representatives be elected in the year 2000 and the
Vice-Mayor and two district representatives be elected in the year 2002;
and the Mayor, Vice-Mayor, and five district representatives serve four-
year terms.
(For full text, see report on file in the City Clerk's Office.)
Mr. Urbanski advised that the Task Force was charged with the
responsibility of delivering to Council a report reflecting the best
modified ward plan, not to debate the merits of the present at large
system versus the modified ward system, and the Task Force avoided
weighing the pros and cons of the two systems. He reviewed
guidelines under which the Task Force functioned which are set forth
on pages 25 and 26 of the report, and pointed out that in the 11
meetings which were held, the clear favorite was the five election
district plan. He stated that at the last meeting of the Task Force in
May, at which time seven voting members were present and two
members voted by proxy, the majority of the Task Force favored
leaving the size of City Council at seven members; individual members
of the Task Force have appended their views to the report; and the Task
Force requested that he convey to Council that the clear majority of
those members in attendance at the May meeting favored submission
of the issue to the voters by referendum. He explained that in applying
the new system to the current cycle of elections, the first election under
the system would be that of Mayor and three ward representatives in
the year 2000, and the Vice-Mayor and two Council Members in the year
2002, and the Task Force did not make a recommendation on which
seats should be up for election initially, but left that decision to the
judgement of Council.
ACTION:
ACTION:
Jeri N. Rogers, Member, Modified Election District Task Force,
advised that on March 18, 1997, the Greater Deyerle Neighborhood
Association hosted a meeting to receive public opinion, and over 300
persons were in attendance. She stated that it is obvious that there is
dissatisfaction with the current process of electing Council Members,
and there are citizens who believe that there is a lack of accountability
from City Council. She urged that Council refer the question to
referendum so that the citizens will have an opportunity to cast their
vote on the issue.
Lisa W. Farthing, Member, Modified Election District Task Force,
advised that the vast majority of Task Force Members believe that
Council should send the question to referendum for a decision by the
voters.
Following discussion of the report and questions by Council, Mr.
Trout moved that the matter be referred to the City Attorney and the
City Clerk for the purpose of advertising a public hearing to be held in
the Exhibit Hall at the Roanoke Civic Center to receive the views of
citizens. The motion was seconded by Mr. Swain and adopted.
It was the consensus of Council to hold at lease two workshops
to review the report and to address specific questions.
Mr. Parrott moved that the Modified Election District Task Force
be disbanded with appreciation for their work. The motion was
seconded by Mr. Swain and adopted.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, June 16, 1997, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of David W. Jones
that a certain tract of land located on the north side of Cove Road,
N. W., containing 5.78 acres, identified as Official Tax No. 6410111, be
rezoned from RS-3, Residential Single-Family District, to RM-3,
Residential Multifamily, High Density District, subject to certain
conditions proffered by the petitioner, the matter was before the body.
56
ACTION:
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, May 29, 1997, and Thursday, June 5,
1997, and in the Roanoke Tribune on Thursday, June 5, t997.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to construct an assisted living
facility, and the petitioners propose to develop facilities similar to
"Greenwood Assisted Living" in Blacksburg, Virginia, was before
Council.
The Planning Commission recommended that Council approve
the request for rezoning.
(For full text, see report on file in the City Clerk's Office.)
Edward A. Natt, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#33457) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 641, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 60, page 1.)
The motion was seconded by Mr. Swain.
The Mayor inquired if theirs were persons present who would like
to address Council with regard to the request for rezoning. Theirs being
none, Ordinance No. 33457 was adopted, on its first reading, by the
following vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
57
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, June 16, 1997, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City
Planning Commission that 114 parcels of land in the Norwich
neighborhood located in the southwest quadrant of the City, bounded
generally by Penn Street or Charlevoix Court on the north, Roanoke
Avenue on the south, Ashlawn Street on the east, and Bridge Street or
Irvine Street on the west, Official Tax Nos. 1420801, 1420802 1420803,
1420804, 1420805, 1420806. 1420807, 1420808, 1420809 1420810,
1420811, 1420812, 1420816 1420817, 1420818, 1420819 1420820,
1420821, 1420822, 1420823. 1420824, 1420825, 1420826 1420827
1420907, 1420908, 1420909. 1420910, 1420911, 1420912 1420913
1420914, 1421010 1421011 1421012, 1421013, 1421014 1421015
1421016, 1421017 1421018 1421110, 1421111, 1421112 1421113
1421114, 1421115 1421116 1421117, 1421118, 1421119 1421120
1421121, 1421122. 1420916 1420917, 1420919, 1420920 1420921
1420922, 1420923. 1420924. 1420925, 1421001 1421002 1421003
1421004, 1421005, 1421006 1421007, 1421008 1421009 1421101
1421102. 1421103. 1421104, 1421105, 1421106 1421107 1421108
1421109. 1420315 1420316, 1420317, 1420318 1420319 1420320
1420321. 1420322. 1420323, 1420509, 1420510 1420511 1420512
1420513 1420514. 1420515, 1420516, 1420501 1420502 1420503
1420504, 1420505 1420506, 1420507, 1420508 1420402 1420403
1420404 1420405. 1420406, 1420407, 1420408, 1420409, be rezoned
from HM Heavy Manufacturing District, to RS-3, Residential Single-
Family District; 48 parcels of land bounded generally by Roanoke
Avenue on the north, Norwich Park on the east, and Bridge Street on
the west, Official Tax Nos. 1421601, 1421602, 1421603, 1421201,
1421202, 1421203, 1421627, 1421628, 1421629, 1421204, 1421205,
1421206, 1421207, 1421208, 1421209, 1421210, 1421211, 1421215,
1421217, 1421218, 1421219, 1421220, 1421221, 1421222, 1421223,
1421224, 1421301, 1421303, 1421304, 1421308, 1322201, be rezoned
from LM, Light Manufacturing District, to RS-3, Residential Single-
Family District; six parcels of land bounded generally by Norfolk
Southern Railway lines on the north and Roanoke Avenue on the south,
including one parcel on the south side of Roanoke Avenue, Official Tax
Nos. 1322002, 1322003, 1322004, 1322026, 1322027 and 1322201, be
rezoned from LM, Light Manufacturing District, to RS-3, Residential
Single-Family District; three parcels of land owned by the City of
Roanoke, bounded on the north by Roanoke Avenue and on the west
by Rolfe Street, Official Tax Nos. 1322110, 1421402 and 1421405, be
rezoned from LM, Light Manufacturing District, to RS-3, Residential
Single-Family District; and three parcels of land on the east side of
Bridge Street, Official Tax Nos. 1420314, 1420901 and 1420926, be
rezoned from HM, Heavy Manufacturing District, to CN, Neighborhood
Commercial District, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, May 29, 1997, and Thursday, June 5,
1997, and in the Roanoke Tribune on Thursday, June 5, 1997.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purposes of the requests for rezoning are to promote the intent of the
City's Comprehensive Plan and zoning regulations and to further
general welfare and good zoning practices by: (1) making the existing
uses of the subject properties consistent with the proper zoning
category, (2) ensuring that the subject properties will be used in the
future in a manner that will not negatively impact adjoining properties,
and (3) facilitating preservation of the neighborhood; proposed areas
for rezoning to RS-3, Residential Single-Family District, and to CN,
Neighborhood Commercial District, consist of a total of 174 parcels for
a combined area of 23 acres, more or less; the area proposed for
rezoning to RS-3 is comprised of 171 parcels, which include
approximately 107 residences, three churches, a City park, a recreation
center, two businesses and a relatively small number of vacant lots;
and the area proposed to be rezoned to CN is made up of two
structures situated on three parcels of land, was before Council.
The Planning Commission recommended that Council approve
the requests for rezonings, with the exception of Official Tax No.
1421305 (the oil storage warehouse), finding that the area to be rezoned
is a viable neighborhood with an active park and churches;
neighborhood character and environmental quality would be protected,
conserved and enhanced; and small-scale neighborhood services
would be retained.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#33458) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 132 and 142, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City.
(For full text of Ordinance, see Ordinance Book No. 60, page 2.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the requests for rezonings.
John R. Marlles, Agent, City Planning Commission, advised that
last year, a group of residents from the Norwich section of the City
requested assistance in rezoning their neighborhood from Heavy
Manufacturing and Light Manufacturing Districts to residential zoning.
He stated that residents were concerned because they could not make
improvements or repairs since their properties are in a non-conforming
LM and HM zone. He explained that the matter was ultimately referred
to the City Planning Commission for report and recommendation to
Council; after studying existing land use and zoning patterns in the
area and conducting two neighborhood workshops, City Planning staff
recommended to the City Planning Commission that 114 parcels of land
be rezoned from HM to RS-3, that 57 parcels be rezoned from LM to RS-
3, and that three parcels be rezoned from HM to CN. He stated that at
the City Planning Commission public hearing on May 7, 1997, a parcel
of land owned by Mr. Coy Bolling, which was the former school on
Roanoke Avenue, and is currently used as an oil storage warehouse,
was deleted from the proposed rezoning, pursuant to advice by the City
Attorney's Office that rezoning this particular parcel of land which is
currently in business use could constitute a possible down zoning of
the property. He advised that in making the recommendation, both the
City Planning staff and the City Planning Commission considered a
number of factors, including the plight of the residential property
owners who cannot make substantial improvements to their homes, the
needs of adjacent business owners who located in the area after it was
rezoned to industry in the mid 1960's, and existing land uses and the
existing zoning pattern in the area. He stated that the Planning
59
Commission considered the recommendations of the City's
Comprehensive Plan, and in voting for the proposed rezoning,
members of the City Planning Commission found the area to be a viable
neighborhood with an active park, churches and neighborhood
businesses. He advised that approval of the rezoning will help
conserve and enhance the residential portion of the neighborhood
while allowing residents to make improvements to their properties, and
every attempt was made to not make any business or industrial
property non-conforming.
Mr. Marlles advised that the City Planning Commission was
unaware until recently that there was opposition to the rezoning by
some property owners on Buford Avenue. He stated that at the City
Planning Commission public hearing, Mr. Joseph E. Wells, who is the
owner of six properties on Buford Avenue, S. W., requested that his lots
be deleted from the rezoning; however, after considering the matter, the
City Planning Commission agreed to keep the lots as a part of the area
to be rezoned.
Mr. Parrott expressed concern about down zoning over the
opposition of property owners, because the properties would be going
from a more intense to a less intense use, and a citizen has a right to
use his or her property for the purpose for which it was purchased. He
stated that it would be his suggestion to either take those properties in
question out of the rezoning, or to send the entire matter back to the
City Planning Commission for further study and report.
The Mayor called attention to concerns that were expressed at
the City Planning Commission meeting regarding the oil storage
warehouse on Roanoke Avenue; whereupon, Mr. Marlles advised that
as a part of the rezoning process, there were concerns expressed about
some of the activities taking place on the property. He stated that City
staff conducted inspections of the property and found only a few minor
violations.
Mr. White offered a substitute motion that the matter be referred
back to the City Planning Commission for further study, report and
recommendation to Council, and for the purpose of meeting with
property owners in the area. The motion was seconded by Mr. Parrott.
Mr. Joseph E. Wells, 170 Poplar Point Drive, Hardy, Virginia,
owner of six properties on Buford Avenue, located at the rear of the oil
storage warehouse, appeared before Council in opposition to the
rezoning of his properties which he would like to use for business
purposes in the future. He stated that he is in favor of rezoning the
Norwich neighborhood because for more than 30 years, homeowners
have been deprived of their rights as property owners, it is time to
correct the situation, and properties have fallen into disrepair because
of the zoning status. He added that he represents four homeowners in
the 2200 block of Buford Avenue, who have received offers from
businesses to purchase their properties. Following presentation of a
video of the Buford Avenue area, he requested that the 2200 block of
Buford Avenue maintain its current LM, Light Manufacturing District
zoning, and he endorsed the rezoning of the remainder of the Norwich
community.
Ms. Peggy G. Blankenship, 2316 Russell Avenue, S. W., advised
that she has lived in the Norwich community since 1966, she has
owned her home for eight years, and she pays a higher interest rate on
her loan because of the zoning status. She stated that in the event of
loss, the mortgage company would be the first paid from the proceeds
of homeowners insurance; however, as the owner of the property, she
could not rebuild unless the request for rezoning is approved. She
advised that the area was previously set aside for diversified
industries, however, the neighborhood is no longer attractive to
industries which have been steadily moving out over the years,
because building standards to meet flood zone requirements, along
with the expense of commercial flood insurance, have proven to be too
costly for many businesses. She noted that some businesses are
concerned about the rezoning because it could affect commercial
traffic in the area; however, regardless of the zoning, all motorists
should obey traffic laws and the safety of children should always be a
priority. She advised that the Norwich community has a cohesive
neighborhood partnership.
Ms. Arlene G. Snellings, 2230 Charlevoix Court, S. W., advised
that residents of the Norwich community cannot construct additions to
their homes, or rebuild their homes in the event of fire, because if there
is over 50 per cent damage, the homes must be destroyed. She
explained that the Norwich community is a neighborhood in every
aspect with a park, three churches, and stores which are owned by
people who live in the neighborhood. She stated that it is not feasible
for a large manufacturing company to move into the Norwich
neighborhood because the area is not close to an interstate highway or
a public transit route, etc. She stated that the people of Norwich want
the freedom to make their homes more liveable; that she is a resident
of the City of Roanoke and she should be allowed to make
improvements to her home within reason; therefor, she requested that
the Norwich community be rezoned to residential.
Mr. Bruce L. Robinson, 520 King George Avenue, S. W., Pastor,
Woodside Evangelical Presbyterian Church, which is located in the
Norwich community, addressed Council on behalf of the neighborhood.
He advised that he represents hardworking people, people who own
their homes, but do not have the privilege of making major
improvements. He stated that these property owners can paint, re-side
or do interior work, but they cannot expand their homes, and they
deserve to have that right. He called attention to recent newspaper
articles about houses that have fallen into disrepair; however, the
Norwich community does not fit into that category because the citizens
of Norwich can and want to improve their homes if they are allowed to
do so because they take a great deal of pride in their neighborhood.
Ms. Patricia N. Toney, 2222 Russell Avenue, S. W., presented a
petition signed by approximately 67 persons in support of rezoning the
Norwich community. With regard to Mr. Wells' property on Buford
Avenue, she stated that residents are concerned that the property will
be used as a warehouse to store unsafe materials. She requested that
Council approve the rezoning so that property owners in the Norwich
community will be permitted to expand their properties.
Mr. White withdrew his substitute motion to refer the matter back
to the City Planning Commission. Mr. Parrott, maker of the second,
concurred in withdrawing the substitute motion.
The Mayor inquired as to the sentiments of property owners in
the Norwich neighborhood with regard to referring those 17 lots in
question back to the City Planning Commission for further report and
recommendation to Council, and that the remaining lots be rezoned;
whereupon, Ms. Toney advised that the neighborhood would concur in
that action; however, they are concerned that a warehouse storing
unsafe materials will be located on Mr. Wells' property.
Mr. Trout offered an amendment to Ordinance No. 34458 to delete
the following Official Tax Nos. located on the north and south sides of
Buford Avenue, S. W., viz: Official Tax Nos. 1421309 - 1421322,
inclusive, and property located on the south side of Buford Avenue,
63
ACTION:
described as Official Tax Nos. 1421624 - 1421626, inclusive. The
amendment to the ordinance was seconded by Mr. Swain and adopted.
Ordinance No. 33458, as above amended, was adopted, on its
first reading, by the following vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ......................................................................... 0.
(Vice-Mayor Wyatt was absent.)
Mr. Trout moved that properties located on the north and south
sides of Buford Avenue, S. W., described as Official Tax Nos. 1421309 -
1421322, inclusive, and Official Tax Nos. 1421624 - 1421626, inclusive,
located on the south side of Buford Avenue, be referred back to the
City Planning Commission for further study, report and
recommendation to Council. The motion was seconded by Mr. Swain
and adopted.
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, June 16, 1997, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on the request of C & C
Development, L.L.C., that a portion of a 12-foot wide alley as the same
is bound on the west by parcels identified as Official Tax Nos. 2120801-
2120806, inclusive, and on the east by parcels identified as Official Tax
Nos. 2120810 - 2120815, inclusive, be vacated, discontinued and
closed, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, May 29, 1997, and Thursday, June 5,
1997, and in the Roanoke Tribune on Thursday, June 5, 1997.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the alley
section as requested for closure extends in a north/south direction
through block six which is bound on the north by Orange Avenue,
N. W., on the east by 10th Street, and on the west by 11th Street; the
alley is developed and has a gravel surface and appears to be used by
the abutting property owners for rear access to accommodate off-street
64
ACTION:
parking in back yards; and the applicant has contracted to purchase
the abutting properties for the purpose of constructing a new Rite-Aid
drug store on the properties and the land area currently occupied by
the subject alley section, was before Council.
The Planning Commission recommended that Council approve
the request, subject to the following conditions:
The applicant shall submit to the City for review,
approval, and recordation in the Office of the Clerk of
Circuit Court, a subdivision plat providing for the
following:
Combining all properties which would
otherwise be landlocked by the requested
closure, or otherwise disposing of the land
within the right-of-way to be vacated in a
manner consistent with law.
Retention of appropriate easements, together
with the right of public passage over same
for surface and subsurface installation, repair
or maintenance of any and all utilities that
may be located within the right-of-way.
Dedication of an area at the terminus of the
alley, between 30 feet by 14 feet and 30 feet
by 20 feet in size, to provide for the
applicant's construction of an adequate
public turnaround.
If the above conditions have not been met within a period
of 12 months from the date of adoption of the ordinance
providing for closure of the subject right-of-way, said
ordinance shall become null and void with no further
action by Council being necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the following ordinance be placed upon its
first reading:
(#33459) AN ORDINANCE permanently vacating, discontinuing
and closing 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. 60, page 5.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to addres~ Council with regard to the matter.
G. Michael Pace, Attorney, representing the petitioner, advised
that Rite-Aid Drug Stores has selected the corner of 10th Street and
Orange Avenue, N. W., as the site for its next neighborhood drug store
in the City of Roanoke. He stated that the site is composed of 12
separate lots and an alley; and property in the immediate vicinity
consists of various mixed uses, such as single-family, multi-family, and
commercial including a gasoline station, a number of garages for the
repair of automobiles, a used car lot, a dentist office, and others. He
explained that of the 12 lots, six front on 11th Street and six front on
10th Street, the six lots fronting on 11th Street are currently zoned C-2
which is the proper zoning for the proposed use, however, the
properties along 10th Street are zoned RM-2. He stated that he
appeared before Council to request not only the vacation of the alley
running between the 12 lots, but also to rezone the six lots on 10th
Street from RM-2 to C-2 so as to be consistent with those lots currently
zoned C-2 on 11th Street. He noted that his client has proffered that the
development will be in substantial conformity with the site plan;
entrances to the drug store have been moved back as far as possible
from Orange Avenue to permit vehicular traffic and so as not to create
additional problems with existing traffic, sidewalks will remain in place,
significant landscaping and buffering is proposed that will meet or
exceed the City's requirements, the building has been located farther
back from the road to provide for as much greenspace as possible, and
lighting will be more than adequate and will be directed away from the
residential area. He explained that Rite-Aid Drug Stores are area
neighborhood drug stores and are not destination locations, therefor,
they do not generate additional traffic from outside the neighborhood.
He called attention to additional proffers of his client, viz: to consult
with adjoining property owners regarding the appearance of the
exterior of the building, and installation of a bike rack and a bench seat
along Orange Avenue when the Virginia Department of Transportation
makes a determination regarding pedestrian and bicycle traffic on 10th
65
Street and Orange Avenue. He stated that the alley will remain open
and a turnaround area has been provided which is large enough for
refuse collection vehicles to maneuver. He called attention to concerns
expressed at the 2:00 p.m. Council session by Ms. Carolyn Fields, 706
10th Street, N. W., regarding increased traffic, property devaluation, and
safety issues, and advised that he met with Ms. Fields on two
occasions to address her concerns. He stated that Rite-Aid has offered
to build a fence along the rear of Ms. Fields' property to provide a
greater degree of safety, in addition to buffering and screening, and his
client has offered to do whatever is necessary to address her concerns;
however, there appears to be nothing else that can be done, because
Ms. Fields does not wish to live next door to a Rite-Aid Drug Store, or
to any type of commercial establishment. He stated that he met with
members of the Washington Park Neighborhood Alliance where
concerns were expressed about appearance of the building, whether or
not Rite-Aid would hire residents from the immediate neighborhood,
concerns regarding safety primarily loitering around the building, traffic
concerns, and whether or not the drug store would benefit the
neighborhood as a whole. He advised that following those meetings,
additional meetings were held with officials of C & C Development and
Rite-Aid Drug Store to further address neighborhood concerns and, as
a result, the building was redesigned and will be constructed of brick
as opposed to any other material that might have been used in the
construction process. In regard to concerns about safety, he stated
that Rite-Aid wants to work with the residents and with other
businesses in the area to further crime prevention efforts; and if
residents are interested in some type of neighborhood watch, Rite-Aid
would be willing to discus a level of support. With regard to security,
he advised that Rite-Aid occasionally hires a full-time security
employee, and additional lighting will be provided to address security
along the perimeter of the building. In regard to concerns about hiring
residents of the neighborhood, he stated that Rite-Aid does its hiring
on site and advertises for employment directly within the community,
and while he could not say that Rite-Aid will hire residents from that
particular area, it should not present a problem, assuming individuals
are qualified for the job they seek. He requested that Council take into
consideration the changes that are taking place in the 10th Street area
and honor the recommendation of the City Planning Commission to
rezone the property and to vacate the alley.
Ms. Vernice J. Law, 1019 Staunton Avenue, N. W., advised that
she did not represent the Northwest Improvement Council at the City
Planning Commission hearing as stated in the City Planning
Commission report; however, she represented herself and her family
who reside on 10th Street. She expressed concern because there is
nothing in the Orange Avenue/10th Street area that would cause
individuals to want to live there without improvements. She expressed
appreciation to Rite-Aid for its desire to improve the neighborhood, and
advised that the drug store will provide a convenience for persons
living in the area because they will no longer have to go to Valley View
Mall for various needs. She added that the additional lights proposed
by Rite-Aid will help deter crime.
Ms. Georgia C. Reeves, 916 McDowell Avenue, N. W., spoke in
support of rezoning the property for a Rite-Aid Drug Store.
Ms. Carolyn Fields, 706 10th Street, N .W., advised that a Rite-Aid
Drug Store will not improve her neighborhood if it is built in her
backyard, and none of the previous speakers are being called upon to
live next door to a commercial establishment. She expressed concern
about devaluation of her property, safety issues as a result of
additional vehicular traffic, and undesirable persons using the alley
behind her home. She requested that the rezoning be denied because
she does not want to live next door to a Rite-Aid Drug Store.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that there
are numerous conditions to the rezoning, one of which provides that
the property will be developed according to a report of the City
Planning Commission, subject to any changes required by the City
during site plan review, and inquired if the changes will be discussed
with property owners. Also, she stated that Rite-Aid has offered to
install and maintain a bicycle rack and bench seat, and in the report of
the City Planning Commission, it is stated that Orange Avenue and 10th
Street will be widened, therefore, what effect will the bicycle rack and
bench seat have if Orange Avenue is widened. In addition, she stated
that it was mentioned that a sign will be installed to prevent motorists
from making a left turn coming out of the parking lot on to Orange
Avenue, however, there appears to be no consideration for motorists
going west on Orange Avenue to make a left turn in to Rite-Aid. She
advised that 12 properties are proposed to be purchased, but only two
67
68
residential structures will be razed, and inquired if only two properties
are to be torn down, why is Rite-Aid purchasing 12 properties. She
raised the question that based upon additional market studies, should
Rite-Aid decide not to locate in the area, would Council still rezone the
property for commercial purposes.
No other persons wishing to address Council, Ordinance No.
33459 was adopted, on its first reading, by the following vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers ........................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Wyatt was absent.)
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, June 16, 1997, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of C & C
Development, L.L.C., that six tracts of land lying to the south of Orange
Avenue (State Route 460) on 10th Street, and designated as Official Tax
Nos. 2120810 -2120815, inclusive, be rezoned from RM-2, Residential
Multifamily, Medium Density 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, May 29, 1997, and Thursday, June 5,
1997, and in the Roanoke Tribune on Thursday, June 5, 1997.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to develop a Rite Aid
neighborhood drug store; and several properties to be used for the
development are currently zoned C-2, General Commercial District, was
before Council.
The Planning Commission recommended that Council approve
the request for rezoning, and advised that the subject properties, when
combined with adjacent C-2 zoned properties, will be utilized in a well-
designed comprehensive manner that will be beneficial to commercial
69
development on Orange Avenue and the 11th Street commercial area;
while residential properties will be lost as a result of the development
proposal, the widening of 10th Street may pose future issues to the
residential integrity of the properties and their proximity to Orange
Avenue make them less desirable for residential use; and buffering for
the adjacent residential buildings on 10th Street is included as part of
the development proposal.
(For full text, see report on file in the City Clerk's Office.)
G. Michael Pace, Jr., Attorney, appeared before Council in
support of the request of his client.
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#33460) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 212, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 60, page 7.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning. Inasmuch
as the previous item closing a portion of a 12-foot wide alley in the
Orange Avenue/10th Street/l 1th Street area and this item are related,
there were no additional speakers.
Ordinance No. 33460 was adopted, on its first reading, by the
following vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers-, ............................................................................ 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
70
ACTION:
CITY CODE-ZONING: The City Clerk having advertised a public
hearing for Monday, June 16, 1997, at 7:00 p.m., or as soon thereafter
as the matter may be heard, on the request of Bennett Properties,
L.L.C., that Section 36.1-250, Special Exce0tion Uses, of Chapter 36.1,
Zonin_~, of the Code of the City of Roanoke (1979), as amended, be
amended, to provide for automobile paint and body shops as a special
exception use in LM, Light Manufacturing Districts, the matter was
before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, May 29, 1997, and Thursday, June 5,
1997, and in the Roanoke Tribune on Thursday, June $, 1997.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the proposed ordinance amendment is to provide for
automobile paint and body shops as a special exception use in the LM,
Light Manufacturing District; and the petitioner, Bennett Properties,
LLC, is the owner of a tract of land in the LM district and wishes to
construct a new automobile paint and body shop on the property, was
before Council.
The Planning Commission recommended that Council approve
the proposed amendment to Section 36.1-250, Code of the City of
Roanoke (1979), as amended, to provide for automobile paint and body
shops as a special exception use in the LM, Light Manufacturing
District; and advised that the proposed criteria and requirement that
new automobile paint and body shops be reviewed on a case-by-
case basis by the Board of Zoning Appeals at a public hearing will help
to insure that such establishments are compatible with the surrounding
area.
(For full text, see report on file in the City Clerk's Office.)
Harry S. Rhodes, Attorney, appeared before Council in support
of the request of his client.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#33461) AN ORDINANCE amending and reordaining §36.1-250,
Special exception uses, of Subdivision A. LM; Licjht Manufacturinn
District, of Division 4, Industrial Districts, of Article III, Distric-~
J~, of Chapter 36.1, Zonin[I, of the Code of the City of
Roanoke (1979), as amended, by adding new subsection (8) to provide
for automobile paint and body shops as a special exception use.
(For full text of Ordinance, see Ordinance Book No. 60, page 8.)
The motion was seconded by Mr. Parrott.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 33461 was adopted, on its first reading, by the following
vote:
?!
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Wyatt was absent.)
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, June 16, 1997, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Margaret E.
Wiggins, Iva W. and Daniel P. Brugh, Wali Jihad and Leo B. Trenor that
a certain tract of land containing approximately two acres, lying along
the south side of the 900 block of Moorman Road, N. W., the northwest
corner of 10th Street and Moorman Road and the southeast corner of
Moorman Road and 9th Street, identified as Official Tax Nos. 2110210,
2110211, 2110212, 2110227, 2110228, 2110229, 2110230, 2110401,
2110402, 2121214 and 2121215, be rezoned from RM-2, Residential
Multifamily District, and C-1, Office District, to C-2, General Commercial
District, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, May 29, 1997, and Thursday, June 5,
1997, and in the Roanoke Tribune on Thursday, June 5, 1997.
(See publisher's affidavits on file in the City Clerk's Office.)
72
A report of the City Planning Commission advising that a
property owner, Daniel P. Brugh, worked with other property owners in
the area and filed a joint petition in February 1996 to rezone several
parcels of land from C-1, Office District, to C-2, General Commercial
District; Mr. Brugh's purpose in filing the initial rezoning request was
to remove an existing business from a non-conforming status and
allow the business to be improved, however, the initial rezoning
request was withdrawn prior to any public hearing; since the first
proposal was submitted, work continued with other property owners in
an attempt to find a workable solution to improving the business
environment on Moorman Road, which presently has several non-
conforming businesses and multiple commercial buildings; and
property owners have expressed concerns regarding their ability to
utilize and improve their commercial properties, was before Council.
It was further advised that on March 6, 1997, a new petition was
filed to rezone properties on Moorman Road, 10th Street, and Fairfax
Avenue, N. W., from C-1 and RM-2 to C-2; and the purpose of the
request for rezoning is to enhance the commercial area by allowing
existing businesses to improve their properties, allow for the continued
use of non-conforming buildings, and to plan for an enhanced business
corridor in anticipation of the 10th Street widening project.
The Planning Commission recommended that Council approve
the request for rezoning, with the exception of Official Tax Nos.
2110401 and 2110402, owned by Leo B. Trenor; and advised that there
was considerable discussion at the City Planning Commission meeting
of the commercial nature of the area requested for rezoning and the
need for investment in existing commercial buildings; although present
commercial development on Moorman Road is not ideal because of
property disinvestment and small lot sizes, existing businesses are
desirous of maintaining the area for commercial services and investing
in their properties; and with the improvements proposed for 10th Street
in the near future, a change in zoning can assist businesses in
preparing for the new corridor and in undertaking enhancements to
buildings and street frontages in the area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance, excluding Official
Tax Nos. 2110401 and 2110402, be placed upon its first reading:
"AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 211, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicants."
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to be heard in connection with the matter.
Mr. Daniel P. Brugh, 801 North Mill Road, Salem, Virginia, one of
the petitioners, advised that he owns and operates Brugh's Body Shop,
926 Moorman Road, N. W., which is a family-owned business that has
operated in the same location for over 40 years and is the oldest
independent vehicular body repair facility in the City of Roanoke. He
called attention to planned improvements for 10th Street and with the
widening to four lanes, the west side of his building will be razed, which
will make the elevation exposed to the main traffic corridor, therefor,
restructuring will be necessary. He stated that he owns property
diagonally across the street at 604 10th Street which lends itself well to
office space with ample off-street parking. He added that he proposes
to consolidate the three vacant lots below his building at 926 Moorman
Road into one commercial property for further development which will
enhance his existing investment. He stated that in order for his
business to remain in its present location and to expand, it is
necessary to invest in the structure and to purchase new equipment,
however, he could not justify a capital expenditure of this magnitude
for property that is improperly zoned.
Susheela Shende, Executive Director, Northwest Environmental
Organization, advised that the Northwest Environmental Organization
has a track record of rehabilitating houses in the northwest
neighborhood, and has helped to house 26 families. She requested
that Council support the efforts of the Northwest Neighborhood
Environmental Organization by making decisions that prove that the
City has the organization's welfare at heart. She stated that the
Northwest Neighborhood Environmental Organization is of the opinion
that C-2 zoning should not cross 9th Street, because the adjacent block
has a number of houses that qualify for rehabilitation. She added that
C-2 zoning will give license to operate the building located at the
southeast corner of 9th Street and Moorman Road in a more
commercial manner, and discourage care of a possibly historically
73
74
significant property. She noted that the structure, which was formerly
the Hunton Life Saving building, is the first all black life saving rescue
building in the country. For the remainder of the block between 9th and
10th Streets, she advised that the Northwest Neighborhood
Environmental Organization requests that more emphasis be placed on
site appearance through better landscaping, drainage, etc.
Mary B. Hatch, Attorney, representing Leo B. Trenor, one of the
original property owners, advised that her client is in favor of the
rezoning as submitted by the petitioners. She explained that Mr. Trenor
was one of the original petitioners who joined in the rezoning because
of a requirement under the City's Zoning Ordinance that there be two
acres of land in order to qualify for a C-2 zoning. She stated that Mr.
Trenor's property, Official Tax Nos. 2110401 and 24110402, which is the
former Hunton Life Saving building, he has kept the property in good
condition and anticipates using the property in some manner that will
not be detrimental to the neighborhood. She explained that after Mr.
Trenor joined in the original petition for rezoning, Mr. Brugh purchased
the property on 10th Street and Moorman Road where the extension of
10th Street is proposed to take place. She indicated that at the City
Planning Commission hearing in May, it was brought to her attention
that Mr. Brugh had been advised that he did not need two acres of land
for the rezoning if the area in question is contiguous to a C-2 zone,
therefore, the City Planning Commission voted 4 - 2 against a proposal
to approve C-2 zoning for all of the petitioners and Mr. Trenor's
property was deleted from the rezoning. In summary, she stated that
Mr. Trenor was one of the original petitioners who joined in the request
for rezoning to make up the two acres, and since his property is no
longer needed for that purpose, his request for rezoning was deleted.
She spoke in support in support of C-2 zoning for Mr. Trenor's property,
Official Tax Nos. 2110401 and 2110402, and called attention to legal
ramifications that should be taken into consideration if his property is
not included in the rezoning.
Mr. Trout withdrew the original motion to adopt an ordinance on
first reading rezoning the property which would exclude the property
owned by Leo B. Trenor, Official Tax Nos. 2440401 and 2110402. Mr.
Swain withdrew his second to the motion.
Mr. Trout moved that the following ordinance, including Official
Tax Nos. 2110401 and 2110402 owned by Mr. Leo B. Trenor, be placed
upon its first reading:
(#33462) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicants.
(For full text of Ordinance, see Ordinance Book 60, page 10.)
The motion was seconded by Mr. Parrott.
Upon question, the City Attorney responded to legal issues
raised by Ms. Hatch. He advised that the matter is a policy decision for
Council, that the City Planning Commission chose to draw the line at
9th Street, however, other reasonable persons could select a different
location.
75
Council Member Harris advised that he would be in favor of using
9th Street as a buffer.
Doris M. Mack, President, Northwest Neighborhood
Environmental Organization, advised that members of the organization
have worked for 17 years as volunteers to help the neighborhood
become a better place to live. She stated that by extending C-2 zoning
across 9th Street, a non-residential property owner will be permitted to
allow his property to further deteriorate at the expense of other
property owners. She stated that the Northwest Neighborhood
Environmental Organization opposes the rezoning across 9th Street
because the rezoning will allow more commercial uses in the remainder
of the block, and the area will lose a buffer and the opportunity to
revitalize a number of houses.
Ordinance No. 33462, rezoning property lying along the south
side of the 900 block of Moorman Road, N. W., the northwest corner of
10th Street and Moorman Road, and the southeast corner of Moorman
Road and 9th Street, identified as Official Tax Nos. 2110210, 2110211,
2110212, 2110227, 2110228, 2110229, 2110230, 2110401, 2110402,
2121214 and 2121215, from RM-2, Residential Multifamily District, and
C-1, Office District, to C-2, General Commercial District, was adopted,
on its first reading, by the following vote:
76
AYES: Council Members Parrott, Swain, Trout and Mayor
Bowers .................................................................................. -4.
NAYS: Council Members Harris and White ............................ 2.
(Vice-Mayor Wyatt was absent.)
SCHOOLS-STREETS AND ALLEYS: The City Clerk having
advertised a public hearing for Monday, June 16, 1997, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on the request of the
Roanoke City School Board that a certain undesignated public right-of-
way abutting the northerly property line of Woodrow Wilson Junior
High School, and the westerly right-of-way boundary of Dudding Street
and Carter Road, S. W., be permanently vacated, discontinued and
closed, in order to establish a new right-of-way boundary along the
westerly side of Dudding Street and Carter Road, the matter was before
the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, May 29, 1997, and Thursday, June 5,
1997, and in the Roanoke Tribune on Thursday, June 5, 1997.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
application, as originally submitted on March 6, 1997, requested
closure and vacation of a certain undeveloped section of Dudding
Street, S. W., a triangular parcel (median) of right-of-way situated
between the undeveloped street section and the public right-of-way of
the existing Dudding Street and Carter Road, S. W., and a smaller
undesignated right-of-way (alley) abutting the northerly property line of
Woodrow Wilson Junior High School; and the application, as amended,
seeks to close and vacate a small section of undesignated right-of-way,
as well as establish a new right-of-way boundary along the westerly
side of Dudding Street and Carter Road, S. W., and the adjacent public
school and park properties, was before Council.
The Planning Commission recommended that Council approve
the School Board's amended application to close and vacate the
abovedescribed section of undesignated public right-of-way abutting
the northerly property line of Woodrow Wilson Junior High School; and
pursuant to Section 15.1-482(b), Code of Virginia (1950), as amended,
vacate the westerly right-of-way boundary of Dudding Street and Carter
Road, S. W., in order to establish a new right-of-way boundary along
the westerly side of Dudding Street and Carter Road, subject to the
following conditions:
The applicant shall submit to the City, receive approval of,
and record in the Office of the Clerk of Circuit Court, a
subdivision plat providing for the following:
Providing for vacation of the subject
undesignated right-of-way (alley) and the
subject sections of the westerly right-of-way
boundary of Dudding Street and Carter Road,
S. W., and the establishment of a new right-
of-way boundary along the westerly side
of Dudding Street and Carter Road, S. W.,
as shown on a plat of survey prepared by
Phillip L. Nester, Inc., on October 24, 1996.
Combining all properties which would
otherwise be landlocked by the requested
closure, or otherwise disposing of the land
within the right-of-way to be vacated in a
manner consistent with law.
Retention of appropriate easements, together
with the right of public passage over same
for surface and subsurface installation, repair
or maintenance of any and all utilities that
may be located within the right-of-way.
If the above conditions have not been met within a period
of 12 months from the date of adoption of the ordinance
providing for closure of the subject right-of-way, said
ordinance shall become null and void with no further
action by Council being necessary.
77
78
ACTION:
The City Engineer and the Clerk of Circuit Court should be
directed to note and mark such boundary on all such
plats, plans and other legal instruments, including Plat
Book 1, Page 342, Plan Nos. 2081-A, 2081-B, Plan No.
5530, and Deed Book 1386, Page 163 as "vacated."
(For full text, see report on file in the City Clerk's Office.)
Joseph L. Cason, Supervisor of Facility Construction, Roanoke
City Public Schools, appeared before Council in support of the request.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#33463) AN ORDINANCE permanently vacating, discontinuing
and closing certain undesignated public rights-of-way in the City of
Roanoke, Virginia, and rededicating and establishing new right-of-way
boundaries pursuant to §15.1-482(b) of the Code of Virginia (1950), as
amended, as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 60, page 11.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 33463 was adopted, on its first reading, by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers .............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Wyatt was absent.)
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, June 16, 1997, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke that a certain 1.527-acre parcel of land lying in the northeast
79
quadrant of the City, identified as Official Tax No. 7230302, be rezoned
from RA, Residential Agricultural District, to LM, Light Manufacturing
District, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, May 29, 1997, and Thursday, June 5,
1997, and in the Roanoke Tribune on Thursday, June 5, 1997.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request is to rezone the subject property from RA,
Residential Agricultural District, to LM, Light Manufacturing District, in
order to be consistent with surrounding zoning and industrial park use,
was before Council.
ACTION:
The Planning Commission recommended that Council approve
the request, advising that the rezoning is consistent with the goal of the
Comprehensive Plan to encourage new industrial development on
appropriate sites; and the subject rezoning is consistent with the
zoning pattern in the area.
(For full text, see report on file in the City Clerk's Office.)
John R. Marlles, Agent, City Planning Commission, appeared
before Council in support of the request.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#33464) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 723, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 60, page 14.)
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 33464 was adopted, on its first reading, by the
following vote:
8O
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... O.
(Vice-Mayor Wyatt was absent.)
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUSES-COMPLAINTS-DISABLED PERSONS: Ms. Gloria A.
Dorma, 3513 Dona Drive, N. W., addressed Council with regard to
transportation needs for disabled persons via RADAR and/or
CORTRAN. She advised that the Departments of Parks and Recreation
for Roanoke City and Roanoke County have joined together to provide
programs for people with disabilities; however, disabled persons are
unable to reach their destination points because of transportation
controversies between RADAR and CORTRAN. She requested that the
City and the County resolve the matter, and suggested that a committee
be appointed with a mediator from the City of Roanoke and the County
of Roanoke to lead discussions. She expressed concern that disabled
persons do not have transportation to reach job sites and to secure
necessary services. She called attention to businesses in the Roanoke
Centre for Industry and Technology on Route 460 that have offered jobs
to the disabled; however, disabled persons have no means of
transportation to reach job sites.
The City Manager advised that City staff is aware of the problem
and staff is working diligently to resolve the transportation issue. He
stated that extension of bus service in the Route 460 area to the
Roanoke Centre for Industry and Technology would depend upon
whether there is a sufficient amount of ridership to justify the
expenditure.
There being no further business, the Mayor declared the meeting adjourned
at 10:15 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowem
Mayor
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 22, 1997
SANDRA H. EAKIN
Deputy City Clerk
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request an Executive Session 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.
Sincerely,
David A. Bowers
Mayor
DAB:se
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 24, 1997
SANDRA H. EAKIN
Deputy City Clerk
File #15-110-326
J. Lee E. Osborne, Chairman
Fifth Planning District Commission
Post Office Box 13206
Roanoke, Virginia 24032-3206
Dear Mr. Osborne:
This is to advise you that on September 2, 1997, C. Nelson Harris qualified as a City
representative to the Fifth Planning District Commission for a term ending June 30, 2000.
Sincerely,
~__.~:~ ~,.. ,.,2.('.
Sandra H. Eakin
Deputy City Clerk
SHE:is
H:XCOUNCtL~SEPT. 22
RECEIVED
CITY CLERKS OFFICE
'rJ7 ~,n-3 .~.~n
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, C. Nelson Harris, do solemnly swear (or affirm) that I will support the Constitution
of the United States 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 City
representative to the Fifth Planning District Commission for a term ending June 30,
2000, according to the best of my ability. So help me God.
Subscribed and sworn to before me thisc? day o¢'~''~ 1997.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
H:~AGEN DA.97~REAPPOIN.WPD
Mary F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
September 24, 1997
File #53-467
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33576-092297 authorizing and directing you to file
an application with the Virginia Public School Authority seeking interest rate subsidy bond
financing in an amount not to exceed $5,000,000.00 to finance certain capital
improvements in connection with Woodrow Wilson Middle School, previously approved by
the Council at its December 16, 1996, meeting. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:is
Attachment
H:\COUNClL~EPT. Z2
W. Robert Herbert
September 24, 1997
Page 2
pc:
Marsha W. Ellison, Chairman, Roanoke City School Board, 2030 Knollwood Road,
S. W., Roanoke, Virginia 24018
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public
Schools
Cindy H. Ramsuer, Clerk, Roanoke City School Board
James D. Grisso, Director of Finance
Wilburn C. Dibling, Jr., City Attorney
H:~COU NCILt,~EFT. 22
IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA
The 22nd day of September, 1997.
No. 33576-092297.
A RESOLUTION authorizing and directing the City Manager to file an application with the
Virginia Public School Authority seeking interest rate subsidy bond financing in an amount not to
exceed $5,000,000.00 to finance certain capital improvements in connection with Woodrow Wilson
Middle School, previously approved by the Council at its December 16, 1996, meeting.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is hereby authorized and directed
to file an application with the Virginia Public School Authority for interest rate subsidy bond
financing in an amount not to exceed $5,000,000.00 (the "Bonds") to finance certain capital
improvements for Woodrow Wilson Middle School.
2. The City Clerk is hereby authorized and directed to publish in accordance with
applicable law a public notice of public heating in connection with the proposed Bonds to be held on
October 6, 1997.
ATTEST:
City Clerk.
fRoanoke
Marsha W. Ellison, Chairman
Melinda J. Payne, Vice Chairman
Harry F. Davis
CITY CLER?~S
Charles W. Day
F. B. Webster Day
RE~bS~la~n P. Lea
Brian J. Wishneff
Dr. E. Wayne Harris, Superintendent
Cindy H. Ramsuer, Clerk of the Board
City School Board P.O. Box 13145, Ro~jl~ke;:Vi'tgihi~ 2.4,~031 · ~ 540-853-2381 · Fax: 540-853-2951
September 10, 1007
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at a special meeting on September;~ 1
the Board approved an application and a resolution for Roanoke City Public Schools to
participate in the 1997 Virginia Public School Authority (VPSA) bond issue. The proceeds of the
bond issue will be used in lieu of the Literary Fund loan approved by the State for Woodrow
Wilson Middle School.
Roanoke City Council is requested to approve a resolution indicating that Roanoke City
desires to participate in the VPSA bond issue. No further action is required of the City at this
time. If the application is approved by the VPSA board, Council will be requested to conduct
public hearings and perform any other procedural matters that may be required for
participation in the VPSA bond issue.
The Roanoke City School Board appreciates the assistance of the City Administration in
preparing the necessary documents required for participation in the bond issue.
Sincerely,
Cindy H. Ramsuer
Clerk of the Board
re
Eno.
cc:
Mrs. Marsha W. Ellison
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. William L. Murray, Jr.
Mr. Ken F. Mundy
Mr. W. Robert Herbert
Mr. Wilburn C. Dibling
Mr. James D. Grisso
Excellence in Education
APPLICATION
TO THE
VIRGINIA PUBLIC SCHOOL AU'I"HORITY
1997 INTEREST RATE SUBSIDY PROGR. AS, I
,Name oF Coun~.//Ci~./:
Roanoke CJ.W
Name 'md adcL-=ss ef Couar7 A&miaiztrator/City Mar,,ager:
Mr'. W. Robert Herbert, Clt7 Manager
264 Hdmicipa[ Bu~.[diag, RoanoKe, VA 24011
T¢1,:Fhon¢: (540) 853-2333
(540) 853-1138
F:'~m= and address of'School Superintendent:
gr. E. Wayn~ Harris
?. O. Bcx 13Ir~5, Roancke, VA 2403',
Tale?hone: 540) o~ ~1
Fax: 540} 853-2951
N~'.rac of ~inc!pa; Conmcu (AIl fdm'her correspopdence ~iI1 be d~r¢c~ed t,;
R~c~ard t. KelieT, Asststan~ Su0erinT.~nden~ For Coerations
i'c,$mhon~. (5~0) 853-2276
(~40) 853-I 199
Mailing Address:
Roanoke C~t¥ PublLc Schools
P. O. Box 1314.5
?.car, cke, VA 24031
~and Delivery Addr=ss:
,-,oanoke C~.t.y Pub[i.c School. s
40 Oougtass Avenue, N. W.
F,,~-¢n~¢ VA 24012
8ond Counsel'
(firm, individuals, address, telepkone & fax'l
,,,'oo4.s. Pogers & Hazlegrove, P.L.C.
f4r. George Ciemo
¢;rsr. IJn[on Tower, 10 S. Jefferson Stree,'., Su!te la. O0, Roanoke, VA 24011
Phone' (540) 93.3-7600 Fax' (54.0) 982-7711
Locahties ir.,-:, required to take alt action necessary to procure the ser,'ic~:s of qualified
Bond Counsel prior to ,'he submission of mis application.
Dam on Project to be financ=d (use seam"are sheets iF=eeded):
5defly descdbethe pr~ec:(s) andindicate wh¢:her~he Pmjecffs) wiltbesu~ectto any
[eases or managementorse~icecontmcu:(ascpara[e page may be used).
Woodrow Wilson M~ddIe School - Reconstructiofl of a middle school to
modernize e~ectrtcit7, plumbing, mechanical, and structural ccmoonen~s.
The pro]ec~ wilt no~ be sub]e¢% to tease or management con%fac%.
Project Construction
~pptic~tion Costs
Literary Fund Loan Application Date:
LitersW Fund Loan Approval Date: June 26,
Pdod. ty Number on Litera~ Fund Waiting List: 2~
TotaIExpec~edCosts: $8.81 million
Cost by Project and Phase: (separate page may be used)
December 10, 1996
1997
Estimated E~tima~eci
5450,000 50 years
~8.3E million
$10,000
Completion
Date
June, 1997
August, 1998
September, 1997
go
Amount of VPSA financing applied for (Approved Amount of Literary
Fund Loan): S 5.0 mt ~. t t~n
The VPSA ,.viii calculate the amount (size) of' your bond aw, d the amount (size)
the interest rate subsidy ~m-ant to be'received from the Literal/Fu, nd.
h. Other Funding Sources:
Proposed Local Cap[tat Bond Issue - 53.4 mil:ion
What is the SlamS or' planning, design and construction for the Project.'?. Answer the Following
questions for the Project:
a. Have the final plans and specifications, architect's or engineer's statement and the division
superintendent's approval been submitted to the Superintendent of' Public instruction (as
required by {}22. l - t~0 of the Code of' Vir~nia)?.
I ,les ~ r~o
b. Wha~ is th~ bid date(s) for (he Projec:(s): I~a,/ '12. ~997
c. F_stim;tac r- ,, .... : S~F~ ~,~te: June ',997
' ~ On.~ d't;~. ~0 g. ·
d. Es[ima[~d Corv<r,,,:tior. Corr.,pier[on Date: ~"~,'-- ~'~r':'~°~ 1997
e. Has an,/money been ex,~ended on the Project? X yes
no
[f yes, indicate (i) the source of such money (ii') :he date(s) of expendimr~- of such money,
and (iii) the =/p.e of expenditure. (See questions 12 and ,:)
Se, l.CeS
$371,905 has been expended on arch[~ .... rai ~. ~ for t~e Project between
Jul7 18, 1996 and August 1, 1997. Those expenditures were funded from tme
proceeds of a 1994 capita1 bond issJe and wi11 mo~ be reimbursed from the
proceeds of the proposed VPSA interest rate subsidy Dond. $57,665 was expended
on Ju!7 7, 1997, for consZruction of ~he Project. That expend[:ure was funded
f~cm ,:he General Fund, pendlng reimbursement from the proceeds of the proposed
VPSA interest rar. e subsidy bond.
oe.n compie:ed? ~yes ~, no
Has the Project' '-'
Amo~ization Schedule Pr-.Ferred:
(Principal is expected. [o be paid staning on July 15, 1998.)
L~_ss than t 5 ','ears __
15 ,/ears
17 years
13 years
! 9 years
20 years X
Note: While every artempt ,,viii be made to sa:is~ your preferred schedule, there is no
w.~aran:ee that your request can be honored.
Have ,.,our Boards approved the Project(s) and authoriz:d rNis applicatlon to VPSA For the
ne=ded financing'?
Aoproved by School Board yes X no *
Approved by Counm/ Board/ City Council ?'es X no
NOTE:
Please enclose certified copies ofresolutions.
*Scheduled For adoption on Septamber 9,
**Scheduled for adoption on September 1T,
1997
1997
Were ~hes: bends ,-.r ?rojec:s ~he subject ora referendum':'
if ?'cs. diet ~he refcrer, dum ~ass?
Date of ref,~rendum:
____yes no
11. Person(s) res.F, onsibIe for disbursing and investing bond proceeds.
See attached response
Name: Mr. James Sr[sso
Address: 450 Municipal Building, Roanoke, VA 24011
:,,.r, ) 8..3-,'82=
Tc[,:phone: k---,,
F'~x: (540) 853-29,;0
\ViU b.2nd oreceeds from this sale be used to repay a Bend .-kndcipatior. Note or ,}:her form of
interirn/te;nporam/financing (the "Prior Obligation")?
yes X no
if 'les. please provide the follo~ving terms of the Prior Obligxtion:
,'iii) 7,.edz,'rior. icn ?rclvis[:)ns
(iv) Amount o£ Prior Obiigafion to be Refunded wi;.h VPSA bond procee~
(v) Date or' R,:~nding
13.
(al
Were thc proceeds of the Prior Obligation used to reimburse yourseif for expenses paid
be. fi}re the Prior Obligation was obtained?
...yes X' nc,
(bi ',,Viil bond proceeds fi.om this sale be used to reimburse you for p. rior expenditures?
X yes .no
If the answer to 13(a) or 13(b) is Yes, please at-tach a copy of your reimbursement
resolution.
4
' 1
The Pro]et,. is ex:_~_d to be flnanced tn cbe zo'~ twine manner:
(a
(b
(c)
$371,905 ~s funded from the proceeds cf a 1'994 capital bcnd ~ssue, approved at
referendum cn November 8, 1994.
35,000,000 ~s funded frcm the proceeds of t~e proposed 'IPSA ~nterest rate
subsidy bond, which is not subject to referendum.
$2,~Z8,095 ~s funded from the proceeds of ~er~a~n probosed c~o~ta[ improvement
bends, which w[1[ be submltted ~o referendum November 4, 1997~
$10,000 is funded from the 1997-98 School Board General Fund Budge~.
14.
-, .... · ~ ' ' i~ :e~rd$ ~o condnu;n~ disclosure?
HT,,e ','o',.t e ..... Ld any unde~a~mg
X yes ,.no Copte~ of t~e follow,nE at~ached-
...... 19
Cor:b~,~n~ Dtsct¢~'¢¢ Acr~emenL-._/¢_,/95
~: ¥ ~s, ~ ..... include copies of any ' ';
~ ..... Continuing ~isclosur~ Agreement-Il/14/96
NOTE: SUBMISSIO?i OF THIS APPLICATION DOES NO.'J'I GUA. RA.NTE£
?.kRTICIPATION I7'i THE SUBSIDY SALE. P.-kRTICIPATION WILL BE BASED ON A
LOCALITIES' PRiORiTY POSITION ON Tile LITEP...ARY FUND FIRST PR.!ORIT'Y
VvAI'I"iNG LiST A.ND IS SUBJECT TO THE AVAIL,YBILITY OF FU'NDS FOR THIS
PURPOSE. LOCALITIES WILL BE NOTIFIED AS SOON AS POSSIBLE AFTER
SEPTE,5IBEN. 29, !997 AS 'to WHETHER THEY ~L.-kY RECEIVE FL~DING tN 1997.
l'L!g DEF,L.R'IME."iT OF EDUCATION' AND THE VPSA Vv'ILL USE THEIR BEST
EFFOik'I'S TO INCLUDE ALL LOCALITIES WI.SHENG TO PARTICIPATE.
Si~ature requir:d.i
(County Admirdstrator/City Manage.")
S,p?.:.ra r~:'requ ireci .
APPROVED AS TO FORM:
A~istant City ',~ttorney
ET S;.G.N!NG TI-I.{S APPL[C,-kTIOS, THE LOCAL OFFICL-kLS ACI,~'OWT, EDGE TH.-'.T
,,¥' t.,'l.;:.4l~S ARE BOR. RO;VED FRO~I THE VPS,.\ TO FU',ND A PROSECT E",' LIEU t3F
~;.E:C£IvING A I,[TSFcARY FUNT~ LO,~uN, THE LOCALITY 'WILL BE RE ,Y,. EO'v'ED
· ..'-.(- ,~r
!;t.t.~, HE I'..ITEP....~.RY FUND WAITD;G LIST FOR THIS PRO.;ECT. THE ~-,.,-,;,,=
OFF:CIA!.S A",SO ACKNOWLEDGE THAT FU'r'U'~Z L[TER~.R¥ .Fb'ND 3, ION'{ES
t',lA'¥ NOT BE USED TO REDEEM BONDS SOLD TO TI.-iE VPSA.
THIS APPLIC.s.T!ON .MUST BE CO~iPLETED ,&ND .R.ETUI:~¥E£' .-'d._O,NG WITH"
COPY OF YOLrR COMPREHENSIVE .kNNUAL FINA.NCIAL REPORT (C.krR) FOR
THE LAST THREE FISCAL YEARS (JUNE 30, 1994 THROUGH JUNE 30, !996) BY 5:00
P~! OiN SEPTEMBER 3, 1.997 TO:
Rick Davis. Debt Manager
Department of the Treasury
Commonwealth oF Virginia
_F~.Deliverv to:
t01 N:'~rth t4tb St.. 3rd Floor
Ricl"umot:d. Virsrtia 232 t.9
LOCALITIES ~O'F RETUR,NING THIS FOFL%t WILL NOT BE INCLUDED EN THE
SUBSIDY .SALE.
By U.S. Mail to:
P.O. Box t8'79
Ricbamond. VA. 232tS-t879
k-q' THE COU'NCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33202-121696.
A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for
adding to and improving the present ~chool building az Woodrow Wilson Middle School and
declaring the City's intent to borrow to fund or reimburse such expenditures.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The school board of the City of Roanoke is authorized to expend out of the City's
capital improvement fund up to $?,500,000.00 for the cost of replacing the present school building
at Woodrow W'dson Middle School ("the Projem").
2. In acv. ordance with U. S. Tre:x_mry Regulations {} I. 150-2, it is hereby declared that the
City reasonably expeom to reimburse expenditurem for the Project with proceeds of debt to be
incurred by the City. The maximum principal amount of debt expected to be issued for the Project
is $7,500,000.00.
3. This is a declaration of of Sdal intent under Treasury Regulation {} 1.150-2.
4. The City Clerk is directed to make a copy of this resolution available for public
inspection at the City Clerk's Office, 456 Municipal Building, Roanoke, Virginia 24011, within thirty
(30) days from the date hereof until the date of issuance ofthe debt from the proceeds of which the
expenditures for the project are to be reimbursed.
ATTEST:
City Clerk.
CONTIN/3ING DISCLOSURE AGREEMEN?
[This Continuing Disclosure Agreement will impose obligations
on the Local Issuer if and only if the Local Issuer
is or has become and remains a "Material Obligated Person",
as defined below]
This Continuing Disclosure Agreement (the "Disclosure
~reement") is executed and delivered by the undersigned local
issuer (the "Local Issuer") in connection with the issuance by the
inia Public School Authority (the "Authority") of $121,610,000
igregate principal amount of its School Financing Bonds (1991
solution), Series 1995 C (the "1995 C Bonds") pursuant to the
-provisions of a bond resolution (the "1991 Resolution") adopted on
ne 26, 1991, as ratified, supplemented, amended and restated by
the Board of Commissioners of the Authority. The Series 1995 C
Bonds and all other parity bonds heretofore and hereafter issued
under the 1991 Resolution are collectively called the "Bonds" The
proceeds of the 1995 C Bonds are being used by the Authority to
purchase certain general obligation school bonds ("Local School
Bonds") of the Local Issuer pursuant to a bond sale agreement
between the Authority and the Local Issuer (the "Bond Sale
Agreement"). Pursuant to paragraph 3 of the Bond Sale Agreement,
the Local Issuer hereby covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Aqreement. This
Disclosure Agreement is being executed and delivered by the Local
Issuer for the benefit of the holders of the 1995 C Bonds and in
order to assist the Participating Underwriters (defined below) in
complying with the Rule (defined below). The Local Issuer
acknowledges that it is undertaking primary responsibility for any
reports, notices or disclosures that may be required under this
Agreement.
SECTION 2. Definitions. In addition to the definitions set
forth in the 1991 Resolution, which apply to any capitalized term
used in this Disclosure Agreement unless othe~ise defined in this
Section, the following capitalized terms shall have the following
meanings:
"Annual Report" shall mean any Annual Report provided by the
Local Issuer pursuant to, and as described in, Sections 3 and 4 of
this Disclosure Agreement.
"bond sale agreement" shall mean the Bond Sale Agreement and
any other comparable written commitment of the Local Issuer to sell
local school bonds to the Authority.
"Dissemination Agent" shall mean the Local Issuer, acting in
its capacity as Dissemination Agent hereunder, or any successor
Dissemination Agent designated in writing by such Local Issuer and
which has fi~ed with such Local Issuer a written acceptance of such
designation.
"Filing Date" shall have the meaning given to such term in
section 3(a) hereof.
"Fiscal Year" shall mean the twelve-month period at the end of
which financial position and results of operations are determined.
currently, the Local Issuer's Fiscal Year begins July 1 and
continues through June 30 of the next calendar year.
"holder" shall mean, for purposes of this Disclosure
Agreement, any person who is a record owner or beneficial owner of
a 1995 C Bond.
"Listed Events" shall mean any of the events listed in
subsection 5(b)(5)(i)(C) of the Rule.
"local school bonds" shall mean any of the Local School Bonds
and any other bonds of the Local Issuer held to the credit of the
1991 Purchase Fund under the Authority's 1991 Resolution.
"Material Obligated Person" (or "MOP") shall mean the Local
Issuer if it has local school bonds outstanding in an aggregate
principal amount that exceeds 10% of the aggregate principal amount
of all outstanding Bonds of the Authority.
Municipal Securities
Rule.
"National Repository" shall mean any Nationally Recognized
Information Repository for purposes of the
"Participating Underwriter" shall mean any of the original
underwriters of the Authority's 1995 C Bonds required to comply
with the Rule in connection with the offering of such Bonds.
"Repository" shall mean each National Repository and each
State Repository.
"Rule" shall mean Rule 15c2-12 adopted by the Securities and
Exchange Commission under the Securities Exchange Act of 1934, as
the same may be amended from time to time.
"State Repository" shall mean any public or private deposito~£
or entity designated by the State as a state depository for the
purpose of the Rule. As of the date of this Agreement, there is no
State Reposito~f.
SECTION 3. Provision of Annual Reports.
(a) The Local Issuer shall, or shall cause the
Dissemination Agent to, provide to each Repository an Annual Report
which £s consistent with the requirements of Section 4 of this
Disclosure Agreement. Such Annual Report shall be filed on a date
(the "Filing Date") that is not later than 12 months after the end
of any Fiscal Year (commencing with its Fiscal Year ending June 30,
1996) as of the end of which such Local Issuer was a MOP, unless as
the Filing Date the Local Issuer is no longer a MOP.~ ~3ct later
~han ten (!0) days prior to the Filing DaZe, the Local Issuer shall
~vide the Annual Report to the Dissemination A~nt (if
licable) and shall provide copies to the Authority. In each
ase, the Annual Report (i) may be submitted as a single document
o~ as separate documents comprising a package, (ii) may cross-
reference other information as provided in Section 4 of this
,isc!osure Agreement and (i£i) shall include the Local Issuer's
~audited financial statements or, if audited financial statements
~re not available, such unaudited financial statements as may be
.equired by the Rule. In any event, audited financial statements
of such Local Issuer must be submitted, if and when available,
together with or separately from the Annual Report.
(b) If the Local Issuer is unable to provide an Annual
Report to the Repositories by the date required in subsection (a),
the Local Issuer shall send a notice to the Municipal Securities
Rulemaking Board and any State Repository in substantially the form
attached hereto as Exhibit A.
SECTION 4. Content of Annual Reports. Except as othe~wise
agreed, any Annual Report required to be filed hereunder shall
contain or incorporate by reference, at a minimum, annual financial
information relating to the Local Issuer, including operating data,
(i) updating such information relating to the Local
Issuer as shall have been included or cross-
referenced in the final Official Statement of
the Authority describing the Authority's 1995 C
Bonds or
(ii)
(iii)
if there is no such information described in
clause (i), updating such information relating
to the Local Issuer as shall have been included
or cross-referenced in any comparable disclosure
document of the Local Issuer relating to its
tax-supported obligations or
if there is no such informat'ion described in
clause (i) or (ii) above, initially setting
forth and then updating the information referred
to in Exhibit B as it relates to the Local
Issuer, all with a view toward assisting
Participating Underwriters in complying with the
Rule.
.;~i.-.' :. ~The Authority will covenant in the Bond Sale Agreement to
-~'.' ', advise the Local Issuer within 60 days of the end of each Fiscal
" '~ Year if such Local Issuer was a Material Obligated Person as of the
· ~,.~~. end of such Fiscal Year. Upon written request, the Authority will
'~':,~ also advise the Local Issuer as to its status as a MOP as of any
( i~;~ other date.
:.~.,~-
~AnY or al! of such info-~mation may be incorporated by reference
if~om other documents, including official statements of securities
~issues with respect to which the Local Issuer is an "obligated
erson" (within the meaning of the Rule), which have been filed
~ith each of the Repositories or the Securities and Exchange
commission. If the document incorporated by reference is a final
official statement, it must be available from the Municipal
ecurl~les Rulemaklng Board. The Local issuer shall clearly
'identify each such other document so incorporated by reference.
SECTION 5. ReDortinq of Listed Events. Whenever the Local
Issuer is a Material Obligated Person required to file Annual
Reports pursuant to Section 3(a) hereof and obtains knowledge of
the occurrence of a Listed Event, and if such Local Issuer has
determined that knowledge of the occurrence of a Listed Event with
respect to its local school bonds would be material, such Local
Issuer shall promptly file a notice of such occurrence with each
National Repository or the Municipal Securities Rulemaking Board
and each State Repository, if any, with a copy to the Authority.
SECTION 6. Termination of Reportinq Obliqation. The Local
Issuer's obligations under this Disclosure Agreement shall
terminate upon the earlier to occur of the legal defeasance or
final retirement of all the Local School Bonds.
SECTION 7. Dissemination Aqent. The Local Issuer may, from
time to time, appoint or engage a Dissemination Agent to assist it
in carrying out its obligations under this Disclosure Agreement and
may discharge any such Agent, with or without appointing a
successor Dissemination Agent. The Local Issuer shall advise the
Authority of any such appointment or discharge. If at any time
there is not any other designated Dissemination Agent, the Local
Issuer shall be the Dissemination Agent.
SECTION 8. Amendment. Notwithstanding any other provision
of this Disclosure Agreement, the Local Issuer may amend this
Disclosure Agreement, if such amendment has been approved in
writing by the Authority and is supported by an opinion of
independent counsel, acceptable to the Authority, with expertise in
federal securities laws, to the effect that such amendment is
permitted or required by the Rule.
SECTION 9. Additional Information. Nothing in this
Disclosure Agreement shall be deemed to prevent the Local Issuer
from disseminating any other information, using the means of
dissemination set forth in this Disclosure Agreement or any other
means of communication, or including any other information in any
Annual Report or notice of occurrence of a Listed Event, in
addition to that which is required by this Disclosure Agreement~
If the Local Issuer chooses to include' any information in any
Annual Report or notice of occurrence of a Listed Event, in
addition to that which is specifically required by this Disclosure
Agreement, such Local Issuer shall have no obligation under this
reement to update such information or include it in any future
~Annuai Report or notice of occurrence of a Listed Event.
SECTION 10. Default. Any person referred to in Section 11
(other than the Local Issuer) may take such action as may be
ecessary and appropriate, including seeking mandate or specific
,erformance by court order, to cause the Local Issuer to file its
~nual Report or to give notice of a Listed Event. The Authority
'maY, and the holders of not less than a majority in aggregate
.principal amount of Bonds outstanding may, take such actions as may
De necessary and appropriate, including seeking mandate or specific
erformance by court order, to challenge the adequacy of an
nformation provided pursuant to this Disclosure Agreement, or to
enforce any other obligation of the Local Issuer hereunder. A
default under this Disclosure Agreement shall not be deemed an
event of default under the applicable resolution or bonds of the
Local Issuer, and the sole remedy under this Disclosure Agreement
in the event of any failure of the Local Issuer to comply herewith
shall be an action to compel performance. Nothing in this
provision shall be deemed to restrict the rights or remedies of any
holder pursuant to the Securities Exchange Act of 1934, the rules
and regulations promulgated thereunder, or other applicable laws.
SECTION 11. Beneficiaries. This Disclosure Agreement shall
inure solely to the.benefit of the Authority, the Local Issuer, the
Participating Underwriters, and holders from time to time of the
Authority's Bonds, and shall create no rights in any other person
or entity.
SECTION 12. Counterparts. This Disclosure Agreement may be
executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same
instrument.
Date: December 21, 1995.
City of Roanoke, Virginia
Wy ~obert Herbert, City Manager
2~L902-2.00[\¢. mnc
NOTICE OF FAILURE TO FILE ANNUAL REPORt'
[AUDITED FINANCIAL STATEMENTS]
E~qIB IT A
Re: VIRGINIA PUBLIC SCHOOL AUTHORITY
SCHOOL FINANCING BONDS (1991 RESOLUTION)
SERIES 1995 C
CUSIP NO.
Dated: September 1, 1995
Name of Local Issuer
NOTICE IS HEREBY GIVEN that the [Local Issuer] has not provided an
Annual Report as required by Section 3(a) of the Continuing
· Disclosure Agreement, which was entered into in connection with the
above-named bonds issued pursuant to that certain Series Resolution
~ adopted on June 26, 1995, by the Board of Commissioners of the
Virginia Public School Authority, the proceeds of which were used
to purchase $ [School Bonds] of the [Local Issuer].
[The Local Issuer anticipates that the Annual Report will be filed
by .] The Local Issuer is a material "obligated
person" within the meaning of Rule 15c2-12 under the Securities
Exchange Act of 1934, as amended, with respect to the above-named
bonds of the Authority.
Dated:
[LOCAL ISSUER]
By.
211902-2.00L\4. anc
EiCHIBIT 3
CONTENT OF ANNUAL REPORT
Description of the Local Issuer. A description of the Local Issuer
including a summary of its form of government, budgetary processes
and its management and officers.
Debt. A description of the terms of the Local Issuer's outstanding
tax-supported and other debt including a historical summary of
outstanding tax-supported debt; a summary of authorized but
unissued tax-supported debt; a summary of legal debt margin; a
summary of overlapping debt; and a summary of annual debt service
on outstanding tax-supported debt as of the end of the preceding
fiscal year. The Annual Report should also include (to the extent
not shown in the latest audited financial statements) a description
of contingent obligations as well as pension plans administered by
the Local Issuer and any unfunded pension liabilities.
o f the
Capital Improvement Plan.
improvement plan.
Financial Data. Financial information respecting the Local Issuer
including a description of revenues and expenditures for its major
funds and a summary of its tax policy, structure and collections as
end of the preceding fiscal year.
A summary of the Local Issuer's capital
Demographic, Economic and Supplemental Information. A summary of
the Local Issuer's demographic and economic characteristics such as
population, income, employment, and public school enrollment and
infrastructure data as of the end of the preceding fiscal year.
The Annual Report should also include a description of material
litigation pending against the Local Issuer.
2 ~Lgoz-z. OOL\4. eric
30.
EXEC~'TIQN QRIGLNAL
CO~G DISCLOSURE CERTIleICATE
This Continuing Disclosure Certificate (the "Certificate"), dated as of February 1,
1996, is executed and delivered in connection with the issuance by the City of Roanoke, Vixginia
(the "City"), of $31,300,000 principal amount of City of Roanoke, Virginia, General Obligation
Bonds, Series 1996, consisting of $23,000,000 General Obligation Public Improvement Bonds,
Series 1996A (the "1996A Bonds"), and $8,300,000 General Obligation Public Improvement
Bonds, Series 1996B (the "1996B Bonds"), dated lanuary 1, 1996 (collectively, the "Bonds"),
and pursuant to an ordinance adopted by the City Council of the City on December 18, 1995
(the "Ordinance"). Capitalized terms used in this Certificate shall have the respective meanings
specified above or in Article I hereof. Pursuant to the Ordinance, the City agrees as follows:
ARTICLE I
Definitign$
Section 1.1. Def'mifion~. The following terms used in this Certificate shall have
the following respective meanings:
(I) "Annual Financial Information" means, coUectively, (i)the financial
information and operating data with respect to the City for each fiscal year of the type
contained in the Official Statement under the headings "SUMMARY Or: GENERAL FUND
REVENUES AND EXPENDrrURES", "TAX BASE DATA" (including the tables "Assessext
Value of All Taxable Property", "Property Tax Rates (Per $100 Assessed Value)',
"General Property Tax Levies and Collections", "Ten Largest Taxpayers" and "Taxable
Retail Sales" therein), "DEBT ADMINISTRATION" (including the information under the
subheadings "Bond Amortization Schedules" and "Debt Ratios" therein) and information
contained in Appendix II to the Official Statement ("General Purpose Finarscial
Statements of the City for the Fiscal Year Ended lune 30, 1995"); and (ii) information
regarding amendments to this Certificate required pursuant to Sections 4.2(c) and (d) of
this Certificate. Anmmi Financial Information shall include Audited Financial
Statements, if available, or Unaudited Financial Statements.
The descriptions contained in clause (i) above of financial information and
operating data constituting Annual Financial Information are of general categories of f'mancial
information and operating data. Where such descriptions include information that no longer can
be generated because the operations to which it related have been materially changed or
di~:ontinued, a statement to that effect shall be provided in lieu of such information.
(2) "Audited Financial Statements" means the annual financial statements, if
any, of the City, audited by such auditor as shall then be required or permitted by State
12VT743.1 01151.5
law or the Ordinance. Audited Financial Statements shall be prepa.r~ in accordance with
GAAP for governmental units as prescribed by GASB; provided, however, that the City
may from time to time, if requir~ by federal or State legal requirements, modify the
basis upon wlfich its Financial statements are prepared. Notice of any such modificmtion
shall be provided to each NRMSER and the SID, and shall include a reference to the
specific federal or State law or regulation describing such accounting basis.
(3) "Counsel" means Hawkins, Delafield & Wood or other nationally
recognized bond counsel or counsel expert in federal securities laws, in each case
acceptable to the City.
(4) "GAAP" means generally accepted accounting principles for governmental
units as prescribed by the Governmental Accounting Standards Board.
(5) "Material Event" means any of the following events with respect to the
Bonds, whether relating to the City or otherwise, if material:
(i)
0ii)
(iv)
(v)
(vi)
(vii)
(viii)
(kx)
(x)
(xi)
principal and interest payment delinquencies;
non-payment related defaults;
unscheduled draws on debt service reserves reflecting financial difficulties;
unscheduled draws on credit enhancements reflecting financial difficulties;
substitution of credit or liquidity providers, or their failure to perform;
adverse tax opinions or events affecting the tax-exempt .status of the
security;
modifications to rights of security holders;
bond calls;
defeasances;
release, substitution, or sale of property securing repayment of the
securities; and
rating changes.
(6) "Material Event Notice" means notice of a Material Event.
(7) "MSRB" means the Municipal Securities Rulemaking Board established
pursuant to the provisions of Section 15Bet)(1) of the Securities Exchange Act of 1934.
(8) "NRMSIR' means, at any time, a then-existing nationally recognized
municipal securitiea information repository, as recognized from time to time by the SEC
for the purposes referred to in the Rule. The NRMSI:Rs as of the date of this Ce~ficate
are Bloomberg L.P. (Princeton, New Jersey), Disclosure Inc. (Bethesda, Maryland), RR
Donnelley Financial Municipal Disclosure Axchive (Hudson, Massachusetts), Kenny
Information Systems (New York, New York), Mo<xty's Investors Service (New York,
New York) and Thomson Municipal Services Group/The Bond Buyer (New York, New
York). Filing information relating to such NRMSIR is set forth in Exhibit A hereto.
-3- 12'7743.1 01552-5 CLD
'(9) "Official Statement" means the "f'mal official statement" ~.~ def'med in
paragraph (f)(3) of the Rule.
(10) "Rule" means Rule 15c2-12 promulgated by the SEC under the Securities
and Exchange Act of 1934 as amended (17 CFR Part 240, §240.15c2.-12), as in effect
on the date of this Certificate, including any official interpretations thereof issued either
before or after the effective date of this Certificate which are applicable to this
Certificate.
(11) "SEC" means the United States Securities and Exchango Commission.
(12) "SID" means, at any time, a then-existing state information depository, if
any, as operated or designated as such by or on behalf of the State for the purposes
referred to in the Rule. As of the date of this Certificate, there is no SID.
(13) "State" means the Commonwealth of Virginia.
(14) "Unaudited Financial Statements" means the same as Audited Financial
Statements, except the same shall not have been unaudited.
(15) "Underwriters" mean Merrill Lynch & Co. and Associates, the purchasers
of the Bonds.
ARTICT.~ 1I
The Undq~lcin~
Section 2.1. Pu _r!x)s~. This Certificate shall constitute a written undertaking for
the benefit of the holders of the Bonds, and is being executed and delivered solely to assist the
Underwriters in complying with paragraph (b)(5) of the Rule.
Section 2.2. Arm~u~..! Financial Information. (a) The City shall provide Annual
Financial Information for the City with respect to each fiscal year of the City,' commencing with
fiscal year begirmin§ July 1, 1995, by no later than six months after the end of the respective
fiscal year, to each NRMSIR and the SID.
Co) The City shall provide, in a timely manner, notice of any failure of the
City to provide the Annual Financial Information by the dat~ specified in sdbsection (a) above
to each NRMSIR, to the MSRB and to the SLX).
Section 2.3. Audited Financial Statements. If not provided as part of Annual
Financial Information by the dates required by Section 2.2(a) hereof, the City shall provide
Audited Financial Statements, when and if available, to each NRMSIR and the SIX).
Section 2.4. Notice$ of Material Event~. (a) If a Material Event occurs, the City
shall provide, in a timely manner, a Material Event Notice to each NRMSIR, to the MSRB and
to the SIX).
(b) Upon any legal defeasance of the Bonds, the City shall provide notice of
such defeasance to each N'RMSIR, to the MSRB and to the SIX), which notice Shall state whether
the Bonds to be defensed have been defensed to maturity or to redemption and the timing of such
maturity or redemption.
Section 2.5. Addi0q>n0,1 Disclosure Obligations. The City acknowledges and
understands that other state and federal laws, including but not limited to the Securities Act of
1933 and SEC Rule 10b-5 promulgated under the Securities Exchange Act of 1934, may apply
to the City, and that under some circumstance compliance with this Certificate, without
additional disclosures or other action, may not fully discharge all duties and obligations of the
City under such laws.
Section 2.6. Additional Information. Nothing in this Certificate shall be deemed
to prevent the City from disseminating any other information, using the means of dissemination
set forth in this Certificate or any other means of communication, or including any other
information in any Annual Financial Information or Material Event Notice, in addition to that
which is required by this Certificate. If the City chooses to include any information in any
Annual Financial Information or Material Event Notice in addition to that which is specifically
required by this Certificate, the City shall have no obligation under this Certificate to update
such information or include it in any future Annual Financial Information or Material Event
Notice.
Section 2.7. No Previou~ Non-Compliance. The City represents that since
July 3, 1995, it has not failed to comply in any material respect with any previous undertak/ng
in a written contract or agreement specified in paragraph (b)(5)(i) of the Rule.
A.R"~CT ~ ~
_Operating Rules
Section 3.1. Reference to Other Document~. It shall be sufficient for purposea
of Section 2.2 hereof if the City provides Annual Financial Information by specific reference to
documents (i) either (1) provided to each NRMSIR existing at the time of such reference and
the SID, or (2) fried with the SEC, or (ii) if such a document is an Official Statement, available
from the MSRB.
Section 3.2. Submission of Information). Annual Financial Information may be
provided in one document or multiple documents, and at one time or in part from time to time.
Section 3.3. M~terial Event Notices. Each Material Event Notice shall be so
captioned and shall prominently state the title, date and CUSIP numbers of the Bonds.
-5- 12'7743.1 01557.5 CLD
Section ~.4. Transmission of Information and Notice~. Unless otherwise required
by law and, in the City's sole determination, subject to technical and economic feasibility, the
City shall employ such methods of information and notice transmission as shall be requested or
recommended by the herein-designated recipients of the City's information and notices.
ARTICI-~ IV
Termination. Amendment a-nd Enforcement
Section 4.1. Termina, tioq.
(a) The City's obligations under this Certificate shall terminate upon legal
defeasance, prior redemption or payment in full of all of the Bonds.
(la) This Certificate or any provision hereof, shall be null and void in the event
that the City (i) delivers to the City an opinion of Counsel, addressed to the City, to the effect
that those portions of the Rule which require the provisions of this Cenfficate or any of such
provisions, do not or no longer apply to the Bonds, whether because such portions of the Rule
are invalid, have been repealed, or otherwise, aa shall be specified in such opinion, and
(2) delivers copies of such opinion to each NRMSIR and the SID.
Section 4.2. Amendment.
(a) This Certificate may be mended, by written certificate of the City
Manager and the Director of Finance of the City, without the consent of the holders of the
Bonds if all of the following conditions are satisfied: (1) such amendment is made in connection
with a cl~ange in circumstances that arises from a change ia legal (including regulatory)
requirements, a change in law (including roles or regulations) or ia interpretations thereof, or
a change ia the identity, nature or status of the City or the type of business conducted thereby,
(2) this Certificate as so amended would have complied with the requirements of the Rule as of
the date of this Certificate, after taking into ac. coum any amendments or interpretations of the
Rule, as well aa any change ia cixcumstancea, (3) the City shall have received an opinion of
Counsel addressed to the City, to the same effect aa set forth in clause (2) above and further to
the effect that the amelldmeyat does not mamrially impair the intetv.~,a of the holders of the
Bonds, and (4} the City delivers copies of such opinion and amendment to each NRMSIR and
the SID.
(b) In addition to subsection (a) above, this Certificate may be amended and
any provision of this Certifi~ may be waived, wittxa~ the consent of the holders of the Bonds,
if all of the following conditions are satisfied: (1) an amendment to the Rule is adopted, or a
new or modified official interpretation of the Rule ia is.reed, after the effective date. hereof which
is applicable to this CexMficate, (2) the City shall have received an opinion of Counsel to the
effect that performance by the City under this Certificate aa so amended or giving effect to such
waiver, as the case may be, will not result ia a violation of the Rule, and (3) the City shall have
delivered copies of such opinion and amendment to each NRMSIR and the SIX).
-6- 127'7~,3.1 015523 CLD
(c) To the extent any amendment to this Certificate results in a change in the
types of f'mancial information or operating data provided pursuant to this Ce,,tificate, the first
Annual Financ~ Information provided thereafter shall include a narrative explanation of the
reasons for the amendment and the impact of the change.
(d) If an amendment is made to the accounting principles to be followed in
preparing financial statements, the Annual Finaxlcial Information for the year in which the
change is made shall present a comparison between the financial statements or information
prepared on the basis of the new accounting principles and those prepared on the basis of the
former accounting principles. Such comparison shall include a qualitative and, to the extent
reasonably feasible, quantitative discussion of the differences in the accounting principles and
the impact of the change in the accounting principles on the presentation of the f'mancial
information. Notice of any such amendment shall be provided by the City to (i) either the
MSRB or each NRMSlR and (ii) the SID.
Section 4.3. Benefit; Third-Party Beneficiaries: Enforcement. (a) The provisions
of this Certificate shall constitute a contract with and inure solely to the benefit of the holders
from time to time of the Bonds. Beneficial owners of Bonds shall be third-party beneficiaries
of this Certificate.
(b) Except as provided in this subparagraph (b), the provisions of this
Certificate shall create no fights in any person or entity. The obligations of the City to comply
with the provisions of this Certificate shall be etlforceable by the holders of the Bonds, including
beneficial owners thereof. The fights of the holders of Bonds to enforce the provisions of this
Certificate shall be limited solely to a fight, by action in mandamus or for specific performance,
to compel performance of the City's obligations under this Certificate and the Ordinance. In
consideration of the third-party beneficiary status of beneficial owners of Bonds pursuant to
subsection (a) of this Section 4.3, beneficial owners shall be deemed to be holders of Bonds for
purposes of thi~ subsection (b).
(c) Any failure by the City to perform in accordance with this Certifi~ sha]l
not constitute a default under the Ordinance and any fights and remedies provided by the
Ordinance upon the occurrence of a default shall not apply to any such failure.
(d) This Certificate shall be construed and interpreted in acxaardance with tim
laws of the Stats, and any suits and actions arising out of this Certificate shall be instituted in
a court of compeSa:m jurisdiction in the State; provided, however, that to the extent this
Cenfficate addresse~ maxtera of federal securities laws, including the Rule, this Certificate shall
be construed in accordaac~ with such federal securities laws aad official interpretations thereof.
IN WITNESS WI4h-REOF, the undersigned have executed this Certificate as of
the date f'u'st above written.
CITY OF ROANOKE, VIRG~
Title: City Manager
Title~//Director of Finance
-8- 12D'7~,3.1 01552.$ C'LD
E~uI:II'RIT A
to Continuin~ Discl~ Certificate
,Filing information as of November 1, 1995 relating to thc Nationally Recog,','~Lzed Municipal
Securities Information Repositories approved by the Securities and Exchange Commission:
Bloomberg Municipal Repository
P.O. Box 840
Princeton, NJ 08542-0840
Interne,, address: MUNI$@bloomberg.com
(609) 279-3235
FAX (609) 279-5963
Contact: David Campbell
Disclosure lac.
Document Acquisition/Municipal Securities
5161 River Road
Bethesda, M2D 20816
(301) 951-1450
FAX (301) 718-2329
Contact: Barry Sugarman (301) 215-6015
Thomson Municipal Services/The Bond
Buyer
Municipal Disclosure
395 Hudson Street, 3rd Flo37
New York, New York 10014
laternet address: Disclosuret~muller.com
(212) 807-3814 or (800) 477-7621
FAX (212) 989-2078
Arm: Municipal Disclosure
Contact: Laura M. Guadagno
RR Dormelley Financial Municipal
Securities Disclosure Archive
559 Main Street
Hudson, Massachusetts 01749
(800) 580-3670
FAX (508) 562-1969
Contact: J'amie Johnson
JJ Kenny Information Services
Repository
65 Broadway, 16th floor
New York, New York 10006
(212) 7704568
FAX (212) 797-7994
Contact: Joan Korai, Repository
Moody's NRMSIR
Public Finance Information Center
99 Church Street
New York, New York 10007-2796
laternet address: NrRMSIR @ Moodys.com
(800) 339-6306
FAX (212) 553-1460
Contact: Claudette Stephenson
(212) 553-03452
12"D'43.1 01~$23 CLD
CONTINUING DISCLOSURE AGREEM~ENT
[This Continuing Disclosure Agreement will impose obligations on the
Local Issuer if and only if the Local Issuer is or has become and
remains a "Material Obligated Person", as defined below]
This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and
delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance by the
V'tr~nla Public School Authority (the "Authority") of $132,545,000 aggregate principal amount of
its School F'mancing Bonds (1991 Resolution), Series 1996 B (the "1996 B Bonds") purmant to the
provisions of a bond resolution (the "1991 Resolution") adopted on June 26, 1991, as ratified,
supplemented, amended and restated by the Board of Commissioners of the Axithodty. The Series
1996 B Bonds and all other parity bonds heretofore and hereafter issued under the 1991 Resolution
are collectively called the 'Bonds". The proceeds of the 1996 B Bonds are being used by the
Authority to purcha.~ certain general obligation school bonds ("Local School Bonds") ofthe Local
Issuer pursuam to a bond ~le agreemem between the Authority and the Local Issuer (the "Bond Sale
Agreement"). Purstumt to paragraph 3 of the Bond Sale Agreement, the Local Issuer hereby
covenants and agrees as follows:
SECTION I. Purpose of the Di.sclosure Agreement. This Disclosure Agreement is being
executed and delivered by the Local Issuer for the benefit of the holders of the 1996 B Bonds and in
order to assist the Participating Underwriters (defined below) in complying with the Rule (defined
below). Thc Local Issuer ac. knowledges that it is undertaking primary responsibility for any reports,
notices or disclosures that may be required under this Agreement.
SECTION 2. Definitions. In addition to the definitions set forth in the 1991 Resolution,
which apply to any capitali:,ed term used in this Disclosure Agreement unless otherwise defined in
this Section, the following capitalized terms shall have the following meanings:
"Arm,,al Report" shall mean any Anl~,,al Report provided by the Local Issuer pursuant to, and
as described in, Sections 3 and 4 of this Disclosure Agreement.
"bond sale agreemem" shall mean the Bond Sale Agreemem and any other comparable written
commitment of the Local Issuer to sell local school bonds to the Authority.
"DissemLnatlon Agent" shall mean the Local Issuer, acting in its capacity as Dissemination
Agent hereunder, or any suer Dissemination Agent designated in writing by such Local Issuer
and which has filed with tach Local Issuer a written acceptance of such designation.
"Filing Date" shall have the meaning given to such term in Section 3(a) hereof.
"Fuscal Year" shall mean the twelve-month period at the end of which financial position and
results of operations are determined. Currently, the Local Issuer's Fiscal Year begins luly 1 and
continues through June 30 of the next calendar year.
"holder" shall mean, for purposes of this Disclosure Agreement, any person who is a record
owner or beneficial owner of a 1996 B Bond.
"Listed Events" shall mean any of the events listed in subsection 5(b)(5)(i)(C) of the Rxfle.
"local school bonds" shall mean any oft. he Local School Bonds and any other bonds of the
Local Issuer held to the credit of the 1991 Purchase Fund under the Authofity~s 1991 Resolution.
"Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local school
bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate principal
amount of all outstanding Bonds of the Authority.
"National Repository" shall mean any Nationally Recogniz~ Municipal Securities Information
Repository for purposes of the Rule.
"Participating Underwriter" shall mean any of the original underwriters of the Authority's
1996 B Bonds required to comply with the Rule in connection with the offering of such Bonds.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission under
the Securities Exchange Act of 1934, as the same may be amended from time to time.
"State Repository" shall mean any public or private depository or entity designated by the
State as a state depository for the purpose of the Rule. As of the date of this Agx'eement, there is no
State Repository.
SECTION 3. Provision 9f Annual Reports.
(a) The Local Issuer ~ail. or shall cause the Dissemination Agent to, provide to
each Repository an Annual Report which is consistent with the requirements of Section 4 of this
Disclosure Agreement. Such Annual Report shall be filed on a date (the "F'fling Date") that is not
la~ than 12 momh~ afl:er the end of any Fiscal Year (commencing with its Fiscal Year ending June
30, 1996) as of the end of which such Local Issuer was a MOP, unless as of the Filing Date the Local
Issuer is no longer a MOP. ~ Not later than ten (10) days prior to the Yfling Date, the Local Issuer
shall provide the Annual Report to the Dissemination Agent (if applicable) and shall provide copies
to the Authority. In each case, the Annual Report (i) may be submitted as ~ single document or as
separate documents comprising a package, (ii) may cross-reference other information as provided in
.The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer within
60 days of the end of each Fiscal Year if such Local Issuer was a Material Obligated Person
as of the end of such Fiscal Year. Upon written request, the Authority will also advise the
Local Issuer as to its status as a MOP as of any other date.
2
Section 4 of this Disclosure A~eement and (iii) shall include the Local Issuer's audited financial
statements or, if audited financial statements are not available, such unaudited finan~ statements
~s may be required by the Rule. In a~y event, audited financial statements of such Local Issuer must
be submitted, if and when available., together with or separately fi'om the Annual Report.
Cb) If the Local Lssuer is unable to provide an Annual Report to the K~ositories
by the d~c required in subsection (a), the Local Issuer shall send a nodce to thc Municipal Securities
gulemalcin$ Board in substantially the form attached hereto as Exhibit A.
SECTION 4. ~ontent 9fAnraml R _eports. Except as otherwis~ agreed, any Annual Report
r~uixed to be filed herexmder shall contain or incorporate by reference, at a minimum, annual
finaa~ information relating to the Local Issuer, including operating data,
(i)
upa~ing such information rehting to the Local Issuer as shall have been included or cross-
referenced in the final Official Statement of the Authority describing the Authority's 1996
B Bonds or
if there is no such information described in clause (i), updating such i~'ormation rehting to
the Local Issuer as shall have been included or cross-referenced in any comparable
disclosure document of the Local Issuer relating to its tax-supported obligations or
(in)
if thez~ is no such information de.scribed in clau~ (i) or (ii) above, initially setting forth and
then updating the information referred to in Exhibit B as it relates to the Loc~ Issuer, all
with a view toward assisting Participating Underwriters in complying with the Rule.
Any or all of such information may be incorporated by reference fi'om other documents, including
official statements of securities issues with respect to which the Local Issuer is an "obligated person"
(within tl~ mear~ oftl~ Rule), which have been filed with each ofth~ Repo~todes or the Seoaxities
and Exchange Commission. If the document incorporated by reference is a final official statement,
it musx be available fi'om the Municipal Seoarities Paalemaking Board. The Local Issuer shall clearly
identify each such other document so incorporated by reference.
SECTION 5. Pugs_ rting of Listed Event~. Whenever the Local Issuer is a Material Obligated
Person required to file Ammal Reports pursuant to Section 3(a) hereof and obmln-~ Icnowledg¢ of thc
occurrence of a Listed Event, and if such Local Issuer has determined that knowledge of the
occurrence of a Listed Event with respect to its local school bonds would be material, such Local
~_~_~er shall promptly file a notice of such occurrence with each National Repository or the Municipal
Securities Rulemak/ng Board and each State Repository, if any, with a copy to the Authority.
SECTION 6. Termirmti0n of Reporting Obligation. The Local Issuer's obligations under this
Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance or final
retirement of all the Local School Bonds.
SECTION 7. Dissemination Agent. The Local Issuer may, from time to time, appoint or
engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure
Agreem~-a~t and may discharge any such Agent, with or without appointing a successor Dissemin~on
Agem. The Local Issuer shall advise the Authority of any such appointment or discharge. If at any
time there is not any other designated Dissemination Agent, the Local Issuer shall be the
Dissemination Agent.
SECTION 8. Amendment. Notwithstanding any other provision of this Disclosure
Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has been
approved in writing by the Authority and is supported by an opinion of independent counsel,
acceptable to the Authority, with expertise in federal seoarities laws, to the effect that such
amendment is permitted or required by the Rule.
SECTION 9. Additional Information. Nothing in this Disdo~a'e Agreement shall be deemed
to prevent the Local Issuer from disseminating any other information, using the means of
dissemination set forth in this Disclosure Agreement or any other means of communication, or
including any other information in any Anmml Report or notice of occurrence of a Listed Event, in
addition to that which is required by this Disclosure Agreement. If the Local Issuer chooses to
inchde any information in any Annual Report or notice of ocoarrence of a Listed Event, in addition
to that which is specifically required by this Disclosure Agreement, such Local Issuer shall have no
obligation under this Agreexn~ to update such information or include it in any future Annual Report
or notice of occurrence of a Listed Event.
SECTION 10. Default. Any person referred to in Section 11 (other than the Local Issuer) may
take such action as may be necessary and appropriate, including seeking mandate or specific
performance by court order, to cause the Local Issuer to file its Annual Report or to give notice of
a Listed Event. The Ambori~ may, and the holders of not less than a majority in aggregate prin .cipal
amount of'Bonds outstanding may, take such actions as may be necessary and appropriate, including
seeking man~e or specific perforce by court order, to challenge the adequacy of any information
provided pursuant to this Disclosure Agreement, or to enforce any other obligation of the Local
Issuer hereunder. A defiult under this Disclosure Agreement shall not be deemed an event of default
under the applicable resolution or bonds of' the Local Issuer, and the sole remedy under this
Disclosure Agreement in the event of any failure of the Local Issuer to comply here~,ith shall be an
action to compel performance. Nothing in this provision shall be deemed to re~uict the rights or
remedies of any holder pursuant to the Securities Exchange Act of 1934, the rules and regulations
promulgated thereunder, or other applicable laws.
SECTION t 1. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the
Authority, the Local Issuer, the Participating Underwriters, and holders from time to' time of the
Authority's Bonds, and shall create no rights in any other person or entity.
SECTION 12. Countershafts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of wkich shall constitute but one and the same
i~munent.
Date: November 14, 1996.
CITY OF ROANOKE
.~j~j Marsha W. Ellison, Chairman
Melinda J. Payne, Vice Chairman
Harry F. Davis
,.Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia24031
Chades W. Day
F. B. Webster Day
Sherman P. Lea
Brian J. Wishneff
Dr. E. Wayne Harris, Superintendent
Cindy H. Ramsuer, Clerk of the Board
· 540-853-2381 · Fax: 540-853-2951
September 9, 1997
RESOLUTION REQUESTING THE. CITY COUNCIL
OF THE CITY OF ROANOKE, VIRGINIA
TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL
PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF
BE IT RESOLVED,
1)
The School Board of the City of Roanoke, Virginia hereby (i) approves certain
capital improvements for Woodrow Wilson Middle School to modernize
electrical, plumbing, mechanical and structural components at an estimated cost
of $8,810,000 (the "Project"), (ii) authorizes and approves the filing of an
application to the Virginia Public School Authority ("VPSA") seeking interest rate
subsidy bond financing in an amount not to exceed $5,000,000, and (iii)
requests that the City Council of the City of Roanoke, Virginia issue its general
obligation school bonds to be sold to VPSA in an aggregate principal amount not
to exceed $5,000,000, for the purpose of financing a portion of the cost of the
Project.
2) This resolution shall take effect immediately.
The undersigned Clerk of the School Board of the City of Roanoke, Virginia
hereby certifies that the foregoing constitutes a true and correct extract from the
minutes of a meeting of the School Board held the 9th day of September, 1997.
WITNESS, ,my signature and seal of the School Board of the City of Roanoke,
Virginia, this 10~ day of September, 1997.
(SEAL)
Clerk, ~c~ of City of Roanoke, Virginia
Excellence in Education
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 24, 1997
File #329-467
SANDRA H. EAKIN
Deputy City Clerk
Marsha W. Ellison, Chairman
Roanoke City School Board
2030 Knollwood Road, S. W.
Roanoke, Virginia 24018
Dear Ms. Ellison:
I am enclosing copy of Resolution No. 33578-092297 authorizing the School Board for the
City of Roanoke to make application for a loan from the State Literary Fund for
modernizing Huff Lane Elementary School. The abovereferenced measure was adopted
by the Council of the City of Roanoke at a regular meeting held on Monday, September
22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Enclosure
pc:
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public
Schools
Cindy H. Ramsuer, Clerk, Roanoke City School Board
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
H:~COUNCIL~SEFI'.22
IN THECOUNCILFOR THE CITY OF ROANOKE, VIRGINIA
The 22nd day of September, 1997.
No. 33578-092297.
A RESOLLrrION authorizing the School Board for the City of Roanoke to make application
for a loan from the State Literary Fund for modernizing HuffLane Elementary School.
WHEREAS, the School Board for the City of Roanoke, on the 22th day of September, 1997,
presented to this Council an application addressed to the State Board of Education of Virginia for
the purpose of borrowing from the Literary Fund $1,250,000.00, for adding to and improving the
present school building at Huff Lane Elementary School, to be paid in twenty (20) annual
installments, and the interest thereon at four percent (4%) paid annually.
BE IT RESOLVED that the application of the City School Board to the State Board of
Education of Virginia for a loan of $1,250,000.00 from the Literary Fund is hereby APPROVED, and
authority is hereby granted the said City School Board to borrow the said amount for the purpose set
out in said application.
The Council of the City of Roanoke will each year during the life of this loan, at the time it
fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for
appropriation expenses and to pay this loan in annual installments and the interest thereon, as required
by law regulating loans from the Literary Fund.
ATTEST:
City Clerk.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 24, 1997
File #329-467
SANDRA H. EAKIN
Deputy City Clerk
Marsha W. Ellison, Chairman
Roanoke City School Board
2030 Knollwood Road, S. W.
Roanoke, Virginia 24018
Dear Ms. Ellison:
I am enclosing copy of Resolution No. 33577-092297 authorizing the School Board for the
City of Roanoke to expend funds for adding to and improving the present school building
at Huff Lane Elementary School and declaring the City's intent to borrow to fund or
reimburse such expenditures. The abovereferenced measure was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Enclosure
pc:
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public
Schools
Cindy H. Ramsuer, Clerk, Roanoke City School Board
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
H:'~COUNClL~SEPT. 2~
1N THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 22nd day of September, 1997.
No. 33577-092297.
A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for
adding to and improving the present school building at HuffLane Elementary School and declaring
the City's intent to borrow to fund or reimburse such expenditures.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The school board of the City of Roanoke is authorized to expend out of the City's
capital improvement fund up to $1,250,000.00 for the cost of adding to and improving the present
school building at HuffLane Elementary School ("the Project").
2. In accordance with U. S. Treasury Regulations § 1.150-2, it is hereby declared that the
City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be
The maximum principal amount of debt expected to be issued for the Project
incurred by the City.
is $1,250,000.00.
3.
4.
This is a declaration of official intent under Treasury Regulation § 1.150-2.
The City Clerk is directed to make a copy of this resolution available for public
inspection at the City Clerk's Office, 456 Municipal Building, Roanoke, Virginia 24011, within thirty
(30) days fi.om the date hereof until the date of issuance of the debt from the proceeds of which the
expenditures for the project are to be reimbursed.
ATTEST:
City Clerk.
ID~'I"'AI~TMrNT OF FINANCIr
CITY OF I~OANOKE. VA,
September 22, 1997
RECEIVED
CITY CLERKS OFFICF[
$EP18 Al1:12
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
School Board Request for the Approval for State Literary
Fund Loan Application
We have reviewed the attached report requesting approval of a State Literary Fund
Loan application.
We recommend that you concur with this request of the School Board.
Director of Finance
JDG/IF/pac
Attachments
c: Tammy Harden, Accountant
'~~1 Marsha W. Ellison, Chairman Charles W. Day
Melinda J. Payne, Vice Chairman F.B. Webster Day
Harry F. Davis Sherman P. Lea
RECEIVED
/..Roanoke CITY CLERKS OFFICE
City School Board P.O. Box 13,~5, I~oj~o~j, Vi~i,,a47.~O31
Brian J. Wishneff
Dr. E. Wayne Harris, Superintendent
Cindy H. Ramsuer, Clerk of the Board
· 540-853-2381 · Fax: 540-853-2951
September 10, 1997
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action as its meeting on September 9, 1997, the
Board respectfully requests City Council to approve a State Literary Fund loan application in
the amount of $1.25 million for Huff Lane Elementary School. The project includes
improvements required at Huff Lane to reduce safety and environmental concerns near Valley
View Mall where an access road is being developed approximately 59 feet from Huff Lane
Elementary School. The improvements include air conditioning, soundproofing, and the
addition of four classrooms. The loan application includes a resolution for architectural
supervision.
The loan application is being submitted as a contingency in the event City bond funds
are not available. The Board will be responsible for debt service on $400,000 of the $1.25
million cost and the City will be responsible for the debt service on the remaining amount.
The Board appreciates the approval of this request.
Sincerely,
Cindy H. Ramsuer, Clerk
re
Eno.
CC:
Mrs. Marsha W. Ellison
Dr. Eo Wayne Harris
Mr. Richard L. Kelley
Mr. William L. Murray, Jr.
Mr. W. Robert Herbert
Mr. Wilburn C. Dibling
Mr. James D. Grisso
Mr. Kenneth F. Mundy
Excellence in Education
V.h- flfl~
NO.
APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
Name of School Huff Lane Elementary
Name of ~j~O~-City Roanoko_
To THE STATE BOARD OF EDUCATION,
Richmond, Virginia:
Gentlemen:
The School Board for the)~tl~(-City of Roanoke hereby makes application for a
loan of $ 1 _2.q mi 1 1 ion I from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering
4412 Huff Lane, N. W.
(making permanent improvement to) a school building located at Roanoke, VA 24012 , as follows:
(Describe briefly) Impro__vements to an elementary_ s__chool to reduce safety and environmental
concerns near Valley View Mall. The improvements include air conditioninq, soun__dproofing,
and the addition of four classrooms.
1. The said buiiding, addition, or permanent improvement described above, to be of Brick
(Type of construction, brick, frame, etc.)
will be used as a e 1 ementary building, and is estimated to cost $1 . 25 mi 11 i on
(Elem., H. S., Comb. Elem. & H.S.)
2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma-
nent improvement thereto, is $ 79,079,27! .00
3. There is at present a loan from the Literary Fund on this_
of $ -0-
Huff Lane
(Building or school plant)
in the amount
4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there-
to, and site, on account of which such loan is made.
5. The site on which this building, addition, or permanent improvement, will be located contains __18,3 acres,
of which __ 9 __ acres are well suited hnd useable, or can be easily improved and made useable, for playground and
recreational purposes.
6. The plans and specifications for the 'building or improvement, complying with Minimum School Building Re-
quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public
Instruction before construction is begun. It is understood that the State Board of Education reserves the right to with-
hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public
Instruction are not followed.
7. The proposed building, addition, or permanentimprovement, is desirable because: (Explain briefly)
Improvements tn an elementary schnol to reduce safety and environmental concerns near
Vallex View Mall. The improvements include air conditioning, soundproofing, and the
addition of four classrooms.
8. The present total indebtedness of the County-City for school buildings is $ 2§:618:29S.00
$ 3,576,000.00 is owed to the Literary Fund.
, of which
9. This County-City has not defaulted or failed to meet its debt service obligations ms and when due for the past
five years except, as follows: _None
I0. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with
the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education.
11. The building or improvement for which this application for a loan is made is part of a long-range planning
program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations
State Board of Education, and is recommended in the study or survey made by (give title and date)
Five Year Capital Improvement Plan FY98-2002
12. This loan is to be made for 20 years, and is to be paid in 20
$ to 20 5 to 20
the rate of 4 per centum per annum, payable annually.
annual installments, with interest at
.13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application),
agreed to provide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit-
erary Fund and, for at least two years immediately before this loan, has not been more than six months in default in the pay-
ment of inter~st due on any loan from the Literary Fund.
Given under my hand this the 9th day of September
,1997
THE SCHOOL BOARD OF Roanoke
g~[~CITY
ATTEST:
, Clerk.
, Chairman.
SEAL
(:~)
Mary F. Parker, CMCIAAE
c~y c~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
September 24, 1997
File ft60-217-236-467
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33579-092297 amending and reordaining certain
sections of the 1997-98 School Fund Appropriations, providing for appropriation of
proceeds from the 1997-98 Capital Maintenance and Equipment Replacement Fund, in the
amount of $805,182.00 for certain summer capital projects; and appropriation of funds to
certain school grant accounts. The abovereferenced measure was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Attachment
H:~COUNCIL~SEPT. 22
James D. Grisso
September 24, 1997
Page 2
pc:
Marsha W. Ellison, Chairman, Roanoke City School Board, 2030 Knollwood Road,
S. W., Roanoke, Virginia 24018
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public
Schools
Cindy H. Ramsuer, Clerk, Roanoke City School Board
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
H:~_..OU NCIL~.~=I3T. 22
,J
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of September, 1997.
No. 33579-092297.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 School
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1997-98 School Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
SchoolFund
Appropriations
Education
Magnet School 97-98 (1-27) ..............................
Southern Regional Education Program 97-98 (28-29) ..........
Mentor-Teacher Program 97-98 (30-32) .....................
Learn & Serve Program 97-98 (33) .........................
Facilities (34-49) .......................................
Instruction (50) ........................................
Other Uses of Funds (51) ................................
Revenue
Education
Magnet School 97-98 (52) ................................
Southern Regional Education Program 97-98 (53) .............
Mentor-Teacher Program 97-98 (54-55) .....................
Learn & Serve Program 97-98 (56) .........................
$119,973,485
721,754
15,000
12,326
11,590
1,692,529
64,233,326
3,680,740
$117,360,959
721,754
15,000
12,326
11,590
Fund Balance
Capital Maintenance and Equipment Replacement Program -
School Unappropriated (57) ....................................
$ 35,091
1 ) Teachers
2) Coordinator
3) Inservice
4) Social Security
5) State Retirement
6) Health Insurance
7) Group Life Insurance
8) Supplies
9) Equipment
10) Teachers
11 ) Coordinator
12) Inservice
13) Social Security
14) State Retirement
15) Health Insurance
16) Group Life
Insurance
17) Supplies
18) Equipment
19) Management Spec/
RecruitedPlanner
20) Clerical
21) Social Security
22) State Retirement
23) Health Insurance
24) Group Life Insurance
25) Indirect Costs
26) Advertising
27) Travel
28) Inservica Education
29) Social Security
30) Mentor Training
31) Social Security
32) Supplies
33) Inservice Training
34) Replacement of
School Buses
35) Playground
Equipment
(030-060-6314-6011-0121 )
(030-060-6314-6011-0124)
(030-060-6314-6011-0129)
(030-060-6314-6011-0201 )
(030-060-6314-6011-0202)
(030-060-6314-6011-0204)
(030-060-6314-6011-0205)
(030-060-6314-6011-0614)
(030-060-6314-6011-0822)
(030-060-6314-6012-0121 )
(030-060-6314-6012-0124)
(030-060-6314-6012-0129)
(030-060-6314-6012-0201 )
(030-060-6314-6012-0202)
(030-060-6314-6012-0204)
(030-060-6314-6012-0205)
(030-060-6314-6012-0614)
(030-060-6314-6012-0822)
(030-060-6314-6307-0138)
(030-060-6314-6307-0151 )
(030-060-6314-6307-0201 )
(030-060-6314-6307-0202)
(030-060-6314-6307-0204)
(030-060-6314-6307-0205)
(030-060-6314-6307-0212 )
(030-060-6314-6307-0361 )
(030-060-6314-6307-0554)
(030-060-6967-6114-0129)
(030-060-6967-6114-0201 )
(030-060-6968-6114-0129)
(030-060-6968-6114-0201 )
(030-060-6968-6114-0614)
(030-060-6969-6100-0129)
(030-060-6006-6676-0808)
(030-060-6006-6682-0829)
55 125
11 75O
3 840
6 015
4 786
7 872
715
146 816
43 000
55 125
11 750
8 840
6 015
4 786
7 872
715
146,813
75,000
40,000
17,500
6,775
6,636
7,347
806
10,618
30,237
5,000
13,935
1,065
10,289
787
1,250
11,590
135,358
2,114
36) School Paving
Improvements
37) School Technology
Equipment
38) Facility Maintenance
39) Asbestos Abatement
40) Roof Replacement
41) Operational Service
Equipment
42) Facility Improvements-
Garden City
(030-060-6006-6682-0851 )
(030-060-6006-6683-0801)
(030-060-6006-6896-0809)
(030-060-6006-.6896-0809)
(030-060-6006-6896-0809)
(030-060-6006-6896-0821 )
(030-060-6006-6896-0851 )
$ 48,789
33,3O5
7,080
78,171
3,500
761
79,994
43) Facility Improvements-
Huff Lane (030-060-6006.6896-0851)
44) Round Hill Addition (030-060.6006.6896-0851)
45) Facility Improvements-
Jackson (030-060.6006-6896-0851)
46) Facility Improvements-
Breckinridge (030-060-6006-6896-0851) 42,973
47) School Alterations (030-060-6006-6896-0851) 20,927
48) Elementary Modular
Buildings (030-060-6006-6896-0851) 125,508
49) Modular Equipment (030-060.6006-6896-0851) 8,486
50) Teachers (030-060-6001-6000-0121 ) (6,163)
51) Transfer to MY Fund(030-060-6007-6999-0911 ) 6,163
52) Federal Grant
Receipts (030-060-6314-1102) 721,754
53) Contribution (030-060-6967-1103) 15,000
54) State Grant Receipts (030-060-6968-1100) 6,163
55) Local Match (030-060-6968-1101 ) 6,163
56) Federal Grant
Receipts (030-060-6969-1102) 11,590
57) CMERP-School (030-3324) 805,182
41,000
164,005
13,211
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
DEPARTME~NT OF' FINANCE
CITY OF' ROANOKE. VA.
September 22, 1997
RECEI'VEO
CiTY ,.,, o. ,- ~
'97 SEP18 5.11:12
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
School Board Request for the Appropriation of School Funds
and School CMERP Funds
We have reviewed the attached request to appropriate funding for the School Board. This report will
appropriate funding for four grants in the School Fund. These grants are funded with federal and state
funds and contributions. In addition to these funding sources, the Mentor-Teaching Program requires
a local match of $6,163. Funding for the local match is available in the following account:
Teacher
(030-060-6001-6000-0121) $ 6,163
This report also appropriates $805,182 from the School portion of the Capital Maintenance and
Equipment Replacement Program. The CMF~RP funds will be used for the replacement of school buses,
playground equipment, school paving improvements, school technology equipment, facility maintenance,
asbestos abatement, roof replacement, operational service equipment, facility improvements, Round Hill
addition, school alterations, elementary modular buildings, and modular equipment. This is the first
appropriation of the School Board's FY97 CMERP funding of $1,877,074. This will leave an
unappropriated School CMERP balance of $1,071,892.
We recommend that you concur with this request of the School Board.
Director of Finance
IDG/ICF/pac
Attachments
c: Ila Farris, Senior Accountant ,
030-060-6314-6011-0121
030-060-6314-6011-0124
030-060-6314-6011-0129
030-060-6314-6011-0201
030-060-6314-6011-0202
030-060-6314-6011-0204
030-060-6314-6011-0205
030-060-6314-6011-0614
030-060-6314-6011-0822
030-060-6314-6012-0121
030-060-6314-6012-0124
030-060-6314-6012-0129
030-060-6314-6012-0201
030-060-6314-6012-0202
030-060-6314-6012-0204
030-060-6314-6012-0205
030-060-6314-6012-0614
030-060-6314-6012-0822
030-060-6314-6307-0138
030-060-6314-6307-0151
030-060-6314-6307-0201
030-060-6314-6307-0202
030-060-6314-6307-0204
030-060-6314-6307-0205
030-060-6314-6307-0212
030-060-6314-6307-0361
030-060-6314-6307-0554
Appropriation Unit X3L
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Magnet School 97-98
6314
Lincoln Terrace Saturn Network
Teachers $ 55.125.00 7.6%
Coordinator 11,750.00 1 6%
Inservice 3,840.00 0.5%
Social Sec. 6,015.00 0.8%
State Ret. 4,786.00 0.7%
Health Insurance 7,872.00 1.1%
Group Life Insurance 715.00 0.1%
Supplies 146,816.00 20.3%
Equipment 43,000.00 6.0%
Huff Lane MicroVillage
Teachers 55,125.00 7.6%
Coordinator 11,750.00 1.6%
Inservice 8,840.00 1.2%
Social Security 6,015.00 0.8%
State Retirement 4,786.00 0.7%
Health Insurance 7,872.00 1.1%
Group Life Insurance 715.00 0.1%
Supplies 146,813.00 20.4%
Equipment 75,000.00 10.4%
Program Management
Management Spec/Recruiter/Planner 40,000.00 5.5%
Cledcal 17,500.00 2.5%
Social Security 6,775.00 1.0%
State Retirement 6,636.00 0.9%
Health Insurance 7,347.00 1.0%
Group Life Insurance 806.00 0.1%
Indirect Costs 10,618.00 1.5%
Advertising 30,237.00 4.2%
Travel 5,000.00 0.7%
$ 721,754.00 100.0%
030-060-6314-1102
Federal Grant Receipts
$ 721,754.00 100.0%
The 1997-98 Magnet School program will provide for the operation of the Magnet School Programs at
Huff Lane MicroVillage and at Lincoln Terrace Saturn Network. The program is one hundred percent
reimbursed by federal funds and will end June 30, 1998. This is a continuing program.
September 9, 1997
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Southern Regional Education Program 97-98
6967
030-060-6967-6114-0129
030-060-6967-6114-0201
Appropriation Unit X90
030-060-6967-1103
Inservice Education $ 13,935.00 92.9%
Social Security 1,065.00 7.1%
$ 15,000.00 100.0%
Contribution $ 15,000.00 100.0%
The Southern Regional Education Program will provide leadership training to members of the City
Schools' top management team in order to assist the district in accomplishing its long-term educational
goals. The contribution has been received. The grant will end June 30, 1998. This is a continuing
program.
September 9, 1997
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Mentor-Teacher Program 97-98
6968
030-060-6968-6114-0129
030-060-6968-6114-0201
030-060-6968-6114-0614
Appropriation Unit X9P
030-060-6968-1100
030-060-6968-1101
Mentor Training
Social Security
Supplies
$ 10,289.00 83.5%
$ 787.00 6.4%
$ 1,250.00 10.1%
12,326.00 100.0%
State Grant Funds $ 6,163.00 50.0%
Local Match $ 6,163.00 50.0%
12,326.00 100.0%
The Mentor-Teacher program will train experienced teachers to act as mentors to newly hired teachers
during the new teachers' initial year of employment. State grant funds in the amount of $6,163 will be
provided. Local match of $6,163 is to be taken from account 030-060-6001-6000-0121. The program
will end June 30, 1998. This is a continuing program.
September 9, 1997
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Learn & Serve Program 97-98
6969
030-060-6969-6100-0129
Appropriation Unit X9Q
030-060-6969-1102
Inservice Training
Federal Grant Funds
$ 11,590.00 100.0%
$ 11,590.00 100.0%
The Learn & Serve program will expand the Teen Outreach Program services to include alternative
programs. Federal grant funds in the amount of $11,590 will be provided. The program will end June
30, 1998. This is a new program.
September 9, 1997
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Capital Maintenance and Equipment Replacement Funds
Request I
030-060-6006-6676-0808
030-060-6006-6682-0829
030-060-6006-6682-0851
030-060-6006-6683-0801
030-060-6006-6896-0809
030-060-6006-6896-0809
030-060-6006-6896-0809
030-060-6006-6896-0821
030-060-6006-6896-0851
030-060-6006-6896-0851
030-060-6006-6896-0851
030-060-6006-6896-0851
030-060-6006-6896-0851
030-060-6006-6896-0851
030-060-6006-6896-0851
030-060-6006-6896-0851
Appropdation Unit ZD1
Replacement of School Buses
Playground Equipment
School Paving Improvements
School Technology Equipment
Facility Maintenance
Asbestos Abatement
Roof Replacement
Operational Service Equipment
Facility Improvements - Garden City
Facility Improvements - Huff Lane
Round Hill Addition
Facility Improvements - Jackson
Facility Improvements- Breckinridge
School Alterations
Elementary Modular Buildings
Modular Equipment
135,358.00 16.8%
2.114.00 0.3%
48,789.00 6.1%
33,305.00 4.2%
7,080.00 0.9%
78,171.00 9.7%
3,500.00 0.4%
761.00 0.1%
79,994.00 9.9%
41,000.00 5.1%
164,005.00 20.4%
13,211.00 1.6%
42,973.00 5.3%
20,927.00 2.6%
125,508.00 15.6%
8,486.00 1.1%
805,182.00 100.0%
The above appropriation represents the first request for proceeds from the 1997-98 Capital Maintenance
and Equipment Replacement Fund for summer capital projects. The estimated total of the Capital
Maintenance and Equipment Replacement Fund for 1997-98 is $1,877,074. The unappropriated balance
of the fund after the above appropriation is $1,071,892.
September 9, 1997
t Marsha W. Ellison, Chairman Charles W. Day
Melinda J. Payne, Vice Chairman F.B. Webster Day
Harry F. Davis Sherman P. Lea
Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381
Brian J. Wishneff
Dr. E. Wayne Harris, Superintendent
Cindy H. Ramsl~l~{~f the Board
CITY CLERKS OFFICE
September 10, 1997
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
The School Board requests the following appropriations as the result of official Board
action at its September 9 meeting:
Proceeds from the 1997-98 Capital Maintenance and Equipment Replacement Fund in
the amount of $805,182.00 are requested for the following summer capital projects--school
buses, playground equipment, school paving improvements, school technology equipment,
facility maintenance, asbestos abatement, roof replacement, operational service equipment,
facility improvements at Garden City, Huff Lane, Jackson, and Breckinridge, Round Hill
addition, school alterations, elementary modular buildings, and modular equipment.
Grant No. 6314 - $721,754.00 for the 1997-98 Magnet School program to provide for
the operation of the Magnet School programs at Huff Lane MicroVillage and Lincoln Terrace
Saturn Network. This is a continuing program and is one hundred percent reimbursed by
federal funds.
Grant No. 6968 - $12,326.00 for the Mentor-Teacher program to train experienced
teachers to act as mentors to newly hired teachers during the new teachers' initial year of
employment. This is a continuing program and is reimbursed by state grant funds totaling
$6,163.00 with a local match of $6,163.00.
Grant No. 6967 - $15,000.00 for the Southern Regional Education Program to provide
leadership training to members of the City Schools' top management team in order to assist
the district in accomplishing its long-term educational goals. This is a continuing program
and the contribution has been received.
Excellence in Education
Members of Council
Page 2
September 10, 1997
Grant No. 6969 - $11,590.00 for the Learn & Serve program to expand the Teen
Outreach Program services to include alternative programs. This is a new program and federal
grant funds will be provided.
The Board appreciates the approval of these requests.
Sincerely,
Cindy H. Ramsuer, Clerk
re
cc:
Mrs. Marsha W. Ellison
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy
Mr. W. Robert Herbert
Mr. Wilburn C. Dibling
Mr. James D. Grisso
Mrs. Ila Farris (with accounting details)
'~~t Marsha W. Ellison, Chairman Charles W. Day
Melinda.~J. Payne, Vice Chairman F.B. Webster Day
Harry F, 'Davis Sherman P. Lea
RECEIYED
CITY CLERKS OFF .~l.:~
Roanoke
City School Board P.O,.Bo? 13~45, Roanoke, Vir.qinia 24031
~Pll P1:40-
Brian J. Wishneff
Dr. E. Wayne Harris, Superintendent
Cindy H. Ramsuer, Clerk of the Board
· 540-853-2381 · Fax: 540-853-2951 ~
Sep~mber 10, 1997
Mrs. Mary F. Parker, CMC/AAE
City Clerk
City of Roanoke
Roanoke, VA 24011
Dear Mrs. Parker:
22.
The enclosed requests should be included on City Council's agenda for September
Thank you for your attention to this request.
Sincerely,
Cindy H. Ramsuer, Clerk
re
Enc.
Excellence in Education
Mary F. Parker, CMC/AAE
c~y Ck~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy C~y C~rk
September 24, 1997
File #165-200-236
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33581-092297 authorizing you to amend the Annual
Update of the Entitlement Consolidated Plan for Fiscal Year 1997-98, and execute
documents in connection with said amendment, and authorizing execution of an
Agreement with Melrose/Rugby Neighborhood Forum, Incorporated, in connection with the
acquisition of a building located at 1730 Orange Avenue, N. W., and a furnace for the
building. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Attachment
H:'~COUNCIL~SEI~'.22
W. Robert Herbert
September 24, 1997
Page 2
pc:
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director, Human Development
William F. Clark, Director, Public Works
George C. Snead, Director, Public Safety
Phillip F. Sparks, Chief, Economic Development
E. Douglas Chittum, Economic Development Administrator
Vickie L. Price, Administrator, Fifth District Employment and Training Consortium
Diane S. Akers, Budget Administrator, Office of Management and Budget
Frank E. Baratta, Grants Monitor/Specialist
John R. Marlles, Chief, Community Planning
Mariam K. Stacy, Coordinator, Neighborhood Partnership
Estelle H. McCadden, President, Melrose-Rugby Neighborhood Forum, 2128
Mercer Avenue, N. W., Roanoke, Virginia 24017
Frank Otis Johnson, Project Manager, Melrose-Rugby Neighborhood Forum, 2128
Mercer Avenue, N. W., Roanoke, Virginia 24017
H:~COUNClL~.,~EPT. 22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of September, 1997.
No. 33581-092297.
A RESOLUTION authorizing the City Manager to amend the Annual
Update of the Entitlement Consolidated Plan for FY 1997-98, and to
execute documents in connection with said amendment; and
authorizing execution of an Agreement with Melrose/Rugby
Neighborhood Forum, Inc.
WHEREAS, each year, the City receives Community Development
Block Grant (CDBG) and Home Investment Partnership Program (HOME)
entitlement funds from HUD to implement a variety of community
development programs;
WHEREAS, these programs are outlined each year as an Annual
Update to the Five Year Consolidated Plan;
WHEREAS, City Council approved the FY 1997-98 Annual Update on
May 12, 1997, by Resolution No. 33402-051297; and
WHEREAS, the request of Melrose/Rugby Neighborhood Forum,
Inc., for funds for the acquisition of a building located at 1730
Orange Avenue, N.W., and a furnace for the building, was referred
to the City Manager for further consideration on April 21, 1997.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that:
1. The City Manager or his designee is hereby authorized,
for and on behalf of the City, to amend the Annual Update of the
Entitlement Consolidated Plan for FY 1997-98, after the required
citizen review, provided there are no compelling objections to the
Amendment, and to execute the appropriate documents in connection
with HUD for said amendment, said documents to be approved as to
form by the City Attorney, all in accordance with the City
Manager's report dated September 22, 1997.
2. The City Manager or his designee is hereby authorized,
for and on behalf of the City, to execute an Agreement with
Melrose/Rugby Neighborhood Forum, Inc., for the acquisition of a
building located at 1730 Orange Avenue, N.W., and a furnace for the
building, upon certain terms and conditions as set out in the City
Manager's report dated September 22, 1997, said agreement to be in
form approved by the City Attorney.
ATTEST:
City Clerk.
H: ,R E S\R- HU D-UP.OIV..A
Mary F. Parker, CMCIAAE
City Crerk
CITY 0 F R OA NOKE
Office of the City Clerk
September 24, 1997
File ~60-165-200-236
Sandra H. Eakin
Deputy city c~erk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33580-092297 amending and reordaining certain
sections of the 1997-98 Grant Fund Appropriations, providing for appropriation of
Community Development Block Grant funds totaling $30,000.00 for the Melrose/Rugby
Neighborhood Forum, Inc., in connection with the acquisition of a building located at 1730
Orange Avenue, N. W., and a furnace for the building. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Attachment
H:~COUNClL~SEPT. 2:2
James D. Grisso
September 24, 1997
Page 2
pc;
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Glenn D. Radcliffe, Director, Human Development
William F. Clark, Director, Public Works
George C. Snead, Director, Public Safety
Phillip F. Sparks, Chief, Economic Development
E. Douglas Chittum, Economic Development Administrator
Vickie L. Price, Administrator, Fifth District Employment and Training Consortium
Diane S. Akers, Budget Administrator, Office of Management and Budget
Frank E. Baratta, Grants Monitor/Specialist
John R. Marlles, Chief, Community Planning
Mariam K. Stacy, Coordinator, Neighborhood Partnership
Estelle H. McCadden, President, Melrose-Rugby Neighborhood Forum, 2128
Mercer Avenue, N. W., Roanoke, Virginia 24017
Frank Otis Johnson, Project Manager, Melrose-Rugby Neighborhood Forum, 2128
Mercer Avenue, N. W., Roanoke, Virginia 24017
H :~.-,OU NCIL~SEPq'. 22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of September, 1997.
No. 33580-092297.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Community Development Block Grant FY 97 $ 2,634,898
Neighborhood CDBG Projects (1) .......................... 105,351
Unprogrammed CDBG (2) ................................ 43,512
1) Melrose/Rugby
Neighborhood Forum (035-097-9737-5278) $ 30,000
2) Unprogrammed CDBG (035-097-9740-5197) (30,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
RECEIVED
CITY C L E~,[K S' O-F'-
'97 SEP 15 All :01
Roanoke, Vir~nia
September 22, 1997
97-36
Honorable Mayor and City Council
Roanoke, Vir~nia
Dear Members of Council:
Subject:
Approval of Amendment to the Annual Update to
Consolidated Plan and Authorization to Execute
Mekose/Rugby Neighborhood Forum, Inc.
the HUD Entitlement
an Agreement with
Back~ound:
Ao
Each year the City_ of Roanoke receives Comm~mity Development Block Grant (CDBG)
entitlement fimds from the U. S. Department of Housing and Urban Development
(HUD) to implement a variety of community development programs. These programs
are outlined each year as an Annual Update to the Five Year Consolidated Plan.
On February_ 10, 1997, the Melrose/Rugby Neighborhood Forum submi~ed a proposal
requesting $38,300 for the purchase and rehabilitation of an unidentified building in
their neighborhood to use as an office and community center.
Co
On March 6, 1997. the Neighborhood and Economic Developm~t Committee reviewed
the request. Due to the lack of information it was recommended that the project not
be funded.
On March 19, 1997, the Budget Preparation Committ~ reviewed the request and it was
recommended that the project not be funded.
Current Situation:
A°
By letter dated April 8, 1997 and at the City_ Council meeting on April 21, 1997, Ms.
Estelle McCadden requested that City Council fund the project. The amount originally
requested was reduced by $8,300,00. (See Attachment A)
Bo
On April 21, 1997, it was recommended that City_ Council al>prove the 1997/98
Community Development Block Grant (CDBG) Consolidated Plan, which did not
include funding for the Melrose/Rugby Neighborhood Forum application for funds.
City_ staffhas been working with the Melrose/Rugby Neighborhoo~l Forum to identify
the actual costs for funding the project.
Honorable Mayor and City Council
Page 2
Actual costs to purchase the building located at 1730 Melrose Avenue, NW and
purchase a furnace is $31,946.00. (See Attachment B)
The City_ of Roanoke will have to amend the Annual Update with the U. S. Department
of Housing and Urban Development.
m. Issues:
A. Benefit to the City_
B. Funding
C. Timing
D. Compliance with Federal re_inflations
IV. Alternatives:
Authorize the City_ Manager to amend the Annual Update with HUD, and also authorize
the City_ Manager or Assistant City_ Manager to execute, and the City Clerk to attest
a grant Agreement with the Melrose/Rugby Neighborhood Forum~ Inc. providing for
a grant of $30,000.00 in CDBG funds for the acquisition ora new facility and flxrnace,
said agreement to be approved as to form by the City Attorney. The grant Agreement
would be contingent on the fact that the Melrose/Rugby Neighborhood Fomm~ Inc.
would have the additional money to repair and renovate the building so that it is in
compliance with all applicable codes as well as all applicable HUD regulations.
1. Benefit to the City_ will be to provide a community focal point for meetings,
activities and youth involvement.
Funding in the mount of $30,000,00 in grant funds is available in CDBG
Account No.035-097-9740-5197.
Timing is important to ensure timely acquisition of the building. Significant
changes to the Annual Update require a 30 day public review period which
expires on September 15, 1997.
Compliance with Federal re_mlhlfion~ would be achieved as long as the
Melrose/Rugby Neighborhood Forum continues its mission, thus providing public
services which benefit low and moderate income families. In addition, should the
M/RNF fail to renovate the building, meet building codes, and not use the
building, as a community center funds may have to be paid back to HUD
Honorable Mayor and City Council
Page 3
Bo
Do not authorize the City_ Manager to amend the Annual Update with HUD, and do
not authorize the City_ Manager or Assistant City_ Manager to execute an Agreem~t
with the Melrose/Rugby Neighborhood Forum for the activity outlined above.
1. Benefit to the City would be nothing; and efforts to provide a community focal
point for meetings, activities and youth involvement will be impeded.
2. Funding would not be an issue.
3. Timing would not be an issue.
4. Comp_fiance with Federal re_mslation~ would not be an issue.
V. Recommendation:
It is recommended that City_ Council concur in Alt~mittiv~ A and authorize the City Manager to
do the following:
Authorize the City_ Manager or Assistant City_ Manager to ?x~cute, and the City Clerk
to attest a grant Agreement with the Melrose/Rugby Neighborhood Forum. Inc.
providing for a grant of $30.000,00 in CDBG funds for the acquisition of a new
facility and fiu'nace, said agreement to be approved as to form by the City Attorney.
The grant Agreement would be contingent on the fact that the Melrose/Rugby
Neighborhood Fomm~ Inc. would have the additional money to repair and renovate the
building so that it is in compliance with all applicable codes as well as all applicable
HUD regulations.
Transfer the CDBG fim0s, ($30,000,00), from CDBG Contingency Account No.
035-097-9740-5197 to Account No. 035-097-9737-5278 entitled Mekose/Rugby
Neighborhood Forum
Amend the Annual Plan,_ submit the appropriate amendment if necessary, to HUD after
the required 30 day citizen review period, provided there are no compelling objections
to the amendment.
Respectfully submitted,
W. Robert Herbert
City Manager
Honorable Mayor and City Council
Page 4
WRH/CAH
attachments
Assistant City Manager
City Attorney
Director of Finance
Director of Human Development
Director of Public Works
Director of Public Safety
Economic Development Administrator
Administrator, FDETC
Budget Administrator
Office of Grants Compliance
Chief of Planning Department
Roanoke Neighborhood Partnership
Executive Director, Mekose/Rugby Neighborhood Forum
c:~re~n~firpt
Attachment A
RECEIVED
APR II
MAYOR'S OFFICE
Honorable Mayor David Bowers
and Members of Roanoke City Council
215 Church Ave., S. W.
Room 452
Roanoke, Virginia 24011
We are proud citizens of the City of Roanoke. We pay taxes to the City, we support the public
school system of the City, and we choose to willingly live in Roanoke City. We are also proud of
the notoriety achieved by Roanoke City :five all-American City awards, positive gains in revenues,
and continued economic growth. All seems well in Roanoke City. All except...
The City's administration continually touts its neighborhoods as the cornerstone of its high quality
of life. But the administration repeatedly glorifies one neighborhood group while not recognizing
the contributions of the rest of us.
We, too, feel .that neighborhoods strengthen the quality of life of Roanoke's citizens, and each
neighborhood should be provided the opportunities to be effective suppliers of goods and services
to its neighbors. By touting the laurels of one group, you do not encourage the efforts of the
other members of the Roanoke Neighborhood Partnership.
The Melrose-Rugby Neighborhood Forum is appalled that its request for CDBG funds was
denied. The funds would be used to provide an oflSce for Melrose-Ru,.oby Neighborhood Forum
,~:.ay,; ~o l~rOv?~' a community focal point for r.~;';~ :£ .. ~..:~;',:~.*ie.d ~J yotlth involvement (see
attached for accomplishments). Currentl~ our neighborheod's office equipment and furniture are
stored in several member's homes and one business firm. This is a direct result of the owners of
our previous office location opting not to continue their generous relationship in the use of their
building (grafts) to the organization.
The $38,300 requested in the CDBG application can now be reduced by $8,300.We can
accomplish the same goals as stated in articles of incorporation because we have located a more
suitable, visible and better condition building. The organization's matching funds will remain the
same.
Attachment A
The Mekose-Rugby Neighborhood Forum has grown tremendously in recent years, and we now
ask you, our elected representatives to help our community thrive. We ask you to give us the
opportunity to help you. We want that opportunity, and we believe we deserve that opportunity
to become a model to help our Star shine. At, er all, we should not believe that the NNEO wasn't/
just a model for show--it should have been a model for encouragement of all other organizations.
Your concern and consideration in this matter will be greatly appreciated
Sincerely,
Mrs. Estelle H. McCadden, President
Frank Otis Jo~n~s6th Project Manager
Attachment
Attachment A
WE WERE ORGANIZED ON JUNE 30,1989
ACCOMPLISHMENTS
MEMBER OF THE ROANOKE NEIGHBORHOOD PARTNERSHIP
CONDUCTED SYMPOSIUMS AND MEETINGS WITH CITY
OFFICIALS AND DEPARTMENTS
INSTRUMENTAL IN CLOSING SIX DRUG HOUSE~ -
INSTRUMENTAL IN REVISION OF 911 BROCHURE
PARTICIPATE IN POLICE APPRECIATION DAY
INSTRUMENTAL IN SOLVING SWAMP PROBLEM BETWEEN
MASSACHUSETTS AVE., AND FLORIDA AVENUE.
PARTICIPATE IN CLEAN VALLEY DAY
WORKED V~TH CiTY TO DEVELOP TOWING ORDINANCE
MEMBERS CLEAN VACANT LOTS SEVERAL TLMES DURrNG rEAR
W~ HAVE S01{C~(3) STATUS
FLrERS TO ARm~ HOMES nwOmm~G ZHEM OF CtTY SERVICES
WE HAVE STAT~ INCORPORATION
ATTENDED SEMINARS PROVIDED BY CITY
PUBLISH QUARTBllLY NEWSLETTER
ATTENDED NUSA AND REGIONAL NEIGHBORHOOD CONFERENCES
MEMBER ON SPECIAL Evm~rs COMMITTEE
MEMBER ON NUSA BOARD
MEMBER ON STEERING COMMITTEE
ATTEND NEWS CONFERENCE
WORK CLOSELY WITH COPE TEAM ON CRIME AND DRUG PROBLEMS
ADOPTED KENNEDY PARK
WORKED WITH CITY TO INSTALL CURB AND GUTTER
PARTICIPATED IN CITY EVENTS (CHILI COOKOFF, ETC.)
INITIATED NEIGHBORHOOD CRIME WATCH PROGRAM
PURCHASED AND ISSUFff~ CP!ME WATCH STICKERS TO
RESIDENTS.
SEVERAL SENIOR CITIES HOMES PAINTED
INSTALLED NEIGHBORHOOD SIGNS
Attachment B,
AUG-28-199? 15:55 ROANOKE CITY PLANNING
P. 02
Melrose/Rugby Neighborhood Fon~m Community Center
Proposed Project Budget
Developed Augus~ 28, 1997
Budget Source
Purchase of land and building $25,846 CDBG
Closing
Costs
Survey $300
Attorney's Fees $500
Recording Fees $50
Title Search $100
Title Insurance $100
Architectural and $600
Engeering Fees
Appraisal $300
Inspection $200
Real Estate Taxes $400
Termite inspection $50
Total Closing Costs $2,600 GDBG
Subtotal purchase $28,446
Mechanical (furnace) $3,500 CDBG
Grand Total $31,946
Mary F. Parker, CMCIAAE
c~y Ck~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
September 25, 1997
File #102-223-278
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33583-092297 authorizing execution of Amendment
No. 3 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional
services in connection with the Hunter Viaduct/Williamson Road Bridge project, and
authorizing execution of an agreement with Norfolk and Western Railway Company
providing for a contribution toward the cost of this project along with a permanent
easement and temporary construction easements necessary for the construction of a turn
lane onto Salem Avenue from the Williamson Road Bridge. The above referenced
measure was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:is
Attachment
H:~,COUNCIL~SEPT. 22
W. Robert Herbert
September 25, 1997
Page 2
pc:
Steve Chapin, Hayes, Seay, Mattern & Mattern, Inc., 1315 Franklin Road, S. W.,
Roanoke, Virginia 24016
C. T. Goewey, Chief Engineer, Bridges and Structures, Norfolk Southern
Corporation, 99 Spring Street, S. W., Atlanta, Georgia 30303
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director of Public Works
Dolores Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Clerk
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~7,OUNClL~.SEPT, 22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of September, 1997.
No. 33583-092297.
A RESOLUTION authorizing execution of Amendment No. 3 to the City's contract
with Hayes, Seay, Mattern & Mattern, Inc., for additional services in connection with the
Hunter Viaduct/Williamson Road Bridge project, authorizing execution of an agreement with
Norfolk and Western Railway Company providing for a contribution toward the cost of this
project along with a permanent easement and temporary construction easements necessary
for the construction of a mm lane onto Salem Avenue from the Williamson Road Bridge.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is hereby authorized to
execute for and on behalf of the City, upon form approved by the City Attorney, Amendment
No. 3 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., dated September 11,
1989, in order to provide for additional engineering services required to be performed as a
result of the request of Norfolk Southern Corporation or a subsidiary thereof for additional
clearance of at least 21.0 feet over the tracks in connection with the Hunter
Viaduct/Williamson Road Over Railroad, S. W., Bridge//1829 project, the cost of such
additional work to be $113,592, making the new contract mount $287,383, as set forth in
the report of the City Manager to this Council, dated September 22, 1997.
2. The City Manager or the Assistant City Manager is hereby authorized to
accept, for and on behalf of the City, a permanent easement from Norfolk and Western
Railway Company for purposes of widening Williamson Road Bridge to provide a turn lane
onto Salem Avenue, along with temporary construction easements necessary for the project.
The instrument conveying such easements shall be in form approved by the City Attorney.
The permanent right-of-way easement and the temporary construction easement on Railway
property are at the approximate location of Railroad Milepost N-257.37.
3. The City Manager or the Assistant City Manager is hereby authorized to
execute, for and on behalf of the City, an agreement with Norfolk & Western Railway
Company providing for complete City ownership and maintenance of the new bridge
structure and for the Railway's payment of $950,000 toward the cost of the project, such
agreement to be in substantial conformity with the draft agreement attached to the report of
the City Manager, dated September 22, 1997, and approved as to form by the City Attorney.
ATTEST:
City Clerk.
Mary F. Parker, CMC/AAE
c~y Ck~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
September 25, 1997
File ft60-102-223-278
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33582-092297 amending and reordaining certain
sections of the 1997-98 Capital Projects Fund Appropriations, to provide funds in
connection with Amendment No. 3 to the agreement with Hayes, Seay, Mattern and
Mattern, Inc., for engineering services relating to construction and redesign services for
the Hunter Viaduct/VVilliamson Road bridge over Norfolk Southern railway tracks. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Attachment
H:~COUNCIL~SEPT.22
James D. Grisso
September 25, 1997
Page 2
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
William F. Clark, Director of Public Works
Dolores Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Clerk
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~COUNCIL~SEPT.22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of September, 1997.
No. 33582-092297.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ADorooHations
Other Infrastructure
Hunter Viaduct Removal- Engineering (1) ......................
Revenue
Due from Third Parties (2) ...................................
$ 7,727,379
601,155
$ 84,017
1) Appropriated from
Third Parties (008-052-9636-9004) $ 84,017
2) Norfolk Southern -
Hunter Viaduct (008-1261 ) 84,017
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
RECEIVED
CITY CLEP, KS OFFICE
97 S.F. P15 PI:0~
Honorable Mayor and Members of City Council
Roanoke, Virginia
September 22, 1997
Council Report No. 97-181
Dear Mayor Bowers and Members of City Council:
Subject:
AMENDMENT NO. 3
AGREEMENT FOR ENGINEERING SERVICES
HUNTER VIADUCT/WlLLIAMSON ROAD OVER RAILROAD, S.W.
BRIDGE #1829
Backoround on the subject in chronological order is as follows:
The City awarded an Enoineerin(~ Services contract to Hayes, Seay, Mattern &
Mattern, Inc. (HSMM) on September 11, 1989, in the amount of $95.000 with
a $5,000 contingency.
Phase I of that contract was for preDarino a plan for demolition of the Jefferson
Street leg of the Hunter Viaduct's lower bridge abutment and four (4) lower
bridge spans.
Phase II was for preparing a plan for the demolition of the remainder of the
Jefferson Street leg of the Hunter Viaduct.
Phase I was complete and a stop order was issued November 26, 1990, to
HSMM on Phase II when it was realized the Second Street bridge construction
would be delayed.
Amendment No. 1 in the amount of $92.138 was approved December 12,
1994, for the development of plans for the demolition of the remaining spans
of the Jefferson Street leg. In addition, Phase II includes modification and
rehabilitation of the Williamson Road leg and a right turn lane onto Salem
Avenue.
Amendment No. 2 in the amount of $16.100 was reouested by Norfolk
Southern to study the feasibility of providing 21' 0" clearance above the tracks
under Span 7A. Norfolk Southern has reimbursed the City for the actual cost
of the feasibility study in the amount of $15.779.
The study revealed that the 21' 0" clearance was obtainable, and the railr0~d
has offered $950.000 cost contributiQn. Estimate of contribution is as follows:
Construction Cost Associated With Providing the 21' Vertical
Clearance
Redesign Engineering Fee
Norfolk Southern Contribution to Maintenance of Bridge
Total
$601,313
84,017
264.670
$950,000
Honorable Mayor and Members of City Council
AMENDMENT NO. 3
AGREEMENT FOR ENGINEERING SERVICES
HUNTER VlADUCT/WlLLIAMSON ROAD OVER RAILROAD, S.W.
BRIDGE #1829
September 22, 1997
Page 2
Ho
Norfolk Southern has also offered to donate the additional permanent easement
for the bridae widening for the left turn lane onto Salem Avenue and temporary
construction easement at approximate Milepost N-257.37(valued by Norfolk
Southern at $10,860).
The $950.000 contribution is contin0ent on the following:
1. Final plans will be approved by the Railway.
Clearance over the southernmost track (Winston-Salem Lead) will be a
minimum of 21' 0".
Norfolk Southern force account work (including utility adjustments) will
be paid for at project expense.
The new structure will be completely owned and maintained by the City
of Roanoke.
o
Norfolk Southern contribution will be paid at 70% completion of the
project, but not before January 1998.
A formal agreement which outlines these as well as other project
concerns is executed.
II.
Current situatiQn is as follows:
Redesign of portions of the bridae is reouir~d to accommodate Norfolk Southern
Railway's desire for the 21' vertical clearance. The cost for this aspect of
redesign is $84,017.
During the oreliminarv desiQn orocess for Phase II. it became aDDarent that thn
most cost-effective rehabilitation would involve reolacinQ all structural steel on
the bridoe. This decision was influenced by the fact that the existing steel
beams were coated with lead-based paint. Removal and proper disposal of the
paint, which is considered a hazardous waste, would be very tedious and
expensive, especially since the work would be performed in such close
proximity to the railroad. Adding this element to the design cost is an additional
$29.575.
Honorable Mayor and Members of City Council
AMENDMENT NO. 3
AGREEMENT FOR ENGINEERING SERVICES
HUNTER VlADUCT/WILLIAMSON ROAD OVER RAILROAD, S.W.
BRIDGE//1829
September 22, 1997
Page 3
III.
Issues in order of importance are as follows:
B.
C.
D.
Ability to meet time schedules
Reasonableness of fee
Availability of funding
Norfolk Southern's reouest
IV.
Alternatives in order of feasibility are as follows:
City Council authorize the City Manaoer to execute Amendment No. 3 in the
amount of ~ ($29,575 for services related to replacing all structural
steel and $84,017 for redesign services related to Norfolk Southern's request
for additional clearance) to the Agreement for Engineering Services with Hayes,
Seay, Mattern & Mattern, Inc., dated September 11, 1989 (Ordinance No.
29764-91189) in a form suitable to the City Attorney. The new contract
amount will be $287.383.
Ability to meet time schedul~ will be met; project will be ready for
advertisement in early 1998.
Reasonableness of fe~- has been established according to the task to be
performed.
Availability of fundino exists within the project account 008-052-9636,
Hunter Viaduct, for the replacement of structural steel costing $29,575.
Funding of $84,017 for redesign services will be provided by Norfolk
Southern.
4. Norfolk Southern's reouest would be met.
B. Do not authorize the City Manager to execute Amendment No. 3.
Ability to meet time schedul~,s will not be met. Bridge will continue to
deteriorate which may cause the weight limit to be reduced.
2. Reasonableness of fee would not be an issue.
Honorable Mayor and Members of City Council
AMENDMENT NO. 3
AGREEMENT FOR ENGINEERING SERVICES
HUNTER VlADUCT/WlLLIAMSON ROAD OVER RAILROAD, S.W.
BRIDGE #1829
September 22, 1997
Page 4
Availability of fundir~g would not be an issue.
Norfolk Southern's reouest would not be met.
Recommendatign is as follows:
City Council concur in alternative "A" and take the following actions:
Authorize the City Manaoer to execute Amendment No, 3 in the amount of
~ ($29,575 for services related to replacing all structural steel and
$84,017 for redesign services related to Norfolk Southern's request for
additional clearance.
ADDrooriate fundina of $84,Q17 to the Hunter Viaduct account no. 008-052-
9636-9004 in the Capital Projects Fund from funds to be provided by Norfolk
Southern. Establish a receivable in the same amount for Norfolk Southern's
share. The remaining contribution from Norfolk Southern ($865,983) will be
appropriated when the bid for construction services is awarded.
Co
Authorize the City Manaoer to accept bv the City the Dermanent easement for
the widenino of the brid_oe for the left turn lane onto Salem Avenue and
temporary construction easements donated by the railroad.
Do
Authorize the City Manager to execute an aareement, in a form approved by th9
City Attorney, with Norfolk Southern for the Drooosed $950.000 contributionJ
Form of agreement will be in substantial conformity with the draft attached.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/JGB/kh
Attachment
Honorable Mayor and Members of City Council
AMENDMENT NO. 3
AGREEMENT FOR ENGINEERING SERVICES
HUNTER VlADUCT/WILLIAMSON ROAD OVER RAILROAD, S.W.
BRIDGE #1829
September 22, 1997
Page 5
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
SOUTHERN
Norfolk Southern Corporation
Bridges and Structures
99 Scring Street, S.W.
Atlanta, Georgia 30303
C. T. Goewey
Chief Engineer
Bridges and Structures
T. D. Wyatt
Engineer
Grade Separation Structures
404 529-1641 404 527-2769 FAX
T. M. Br~cey 404 527-2536
M. K. Williams 404 529-1362
C. P. Bennett 404 529-1256
Assistant Engineers
Grade Separation Structures
Subject:
Roanoke, Virginia - Proposed Reconstruction of Hunter Viaduct
(Williamson Road), Milepost N-257.37.
July 9, 1997
File: 117-18491 MKW
Mr. Jan Bruce
Project Manager
Office of City Engineer
215 Church Avenue, S.W.
Roanoke, VA 24011-1587
Dear Mr. Bruce:
We are pleased to advise that the Railway's Management has
approved the proposed $950,000 cost contribution for the above captioned
project. This contribution is contingent on the following:
1. Final_plans will be approved by the Railway.
2. Clearance over the southernmost track (Winston-Salem Lead)
~:ill be a minimum of 21'-0"
3. Our force account work (including utility adjustments) will
be paid for at project expense.
4. The new structure will be completely owned and maintained by
the City of Roanoke.
5. Our contribution will be paid at 70% completion of the
project, but not before January 1998.
6. A formal agreement which outlines these as well as other
project concerns is executed.
In addition, we will donate the required easement to the City
(estimated value of $10,860) and pay for the clearance study performed by HSMM
(cost = $16,100).
Operating Subsidiaries: Norfolk Southern Railway Company / North American Van Lines, Inc.
Mr. Jan Bruce
July 9, 1997
File: 117-18491 MKW
Page Two
We now await your notification ~hat the above proposal has been
approved by City Council.
Your patience and cooperation in resolving these issues has been
greatly appreciated. If you have any questions, please contact Mr. T. D.
Wyatt or M. K. Williams of this office at the above noted numbers.
Sincerely,
Chief Engineer
Bridges and Structures
DRAFT
Hunter Viaduct
Williamson Road Bridge #1829
Over Norfolk and Western Railway
Milepost N-257.37
City of Roanoke Project No. 6123
Roanoke, Virginia
DRAFT
Hunter Viaduct
Williamson Road Bridge #1829
Over Norfolk and Western Railway
Milepost N-257.37
City of Roanoke Project No. 6123
Roanoke, Virginia
THIS AGREEMENT, made and executed in duplicate as of the day of
,1997, between the CITY OF ROANOKE, a municipal corporation
of the Commonwealth of Virginia, hereinafter called "City," and the NORFOLK AND WESTERN
RAILWAY COMPANY, a Virginia corporation, hereinafter called "Railroad."
WITNESSETH THAT:
WHEREAS, City proposes to construct a widened, improved highway facility known as
Hunter Viaduct in the City of Roanoke, said highway and appurtenances to cross Railroad's
main line right of way and tracks via a bridge at Railroad's Milepost N-257.37, reconstruction
of the existing bridge, all as shown on the plans hereinafter described; and
WHEREAS, Railroad and City jointly own and maintain the existing structure; and
WHEREAS, upon completion of the proposed structure, Railroad will be relieved of the
future maintenance responsibility for the replaced structure, Railroad is willing to participate
toward the cost of said bridge construction; and
WHEREAS, it is desired by the parties hereto to carry out and accomplish the
construction of said bridge over Railroad's right of way and tracks, the approaches thereto,
the work appurtenant thereto and to determine and agree upon the manner of doing said work;
the portion of it to be done by each of said parties and the mode and time of payment therefor.
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter
stipulated to be kept and performed, it is agreed between the parties hereto as follows:
§ 1. The plans and specifications for this Project are identified as follows:
A. City of Roanoke plans for said Project, Hunter Viaduct - Phase II, and the
standard specifications and special provisions of the City of Roanoke.
B. Before this Agreement shall be in force and effect, the foregoing plans shall
meet the approval of the parties hereto and upon such approval shall become
a part of this Agreement by reference.
§3.
The work to be done under this Agreement consists of the reconstruction of the bridge
over and across Railroad's right of way and tracks at Railroad Milepost N-257.37, the
removal of a portion of the existing bridge over Railroad's right of way and tracks as
shown on said plans, the approaches thereto, the work appurtenant thereto, the
acquisition of rights of way therefor and the adjustments to Railroad's facilities required
thereby. The work herein described is hereinafter referred to as the "Project" and the
costs and expenses in connection therewith are hereinafter referred to as "Project
Expense."
Responsibility for the several necessary items of work shall be as follows:
A. The City shall perform or cause to be performed at Project Expense the
following work:
(1) The substructure and superstructure for the bridge carrying Williamson
Road over and across the Railroad's main line right of way and tracks at
Milepost N-257.37, as shown on the plans described in § 1.
(2) Temporary falsework, sheeting, shoring and cribbing necessary for the
construction of the aforesaid bridge and for the maintenance of
Railroad's traffic during construction.
(3) Grading, drainage and pavement for said bridge and approaches.
(4) The necessary precautions to prevent slope erosion beneath the bridge
to minimize silt covering Railroad's roadbed and ditches.
(5) Dismantle, remove and dispose of the existing bridge carrying the old
Jefferson Street leg over and across Railroad's right of way and tracks.
B. The Railroad shall perform or cause to be performed at Project Expense the
following work:
(1) Temporary and permanent changes in Railroad's communication and
signal lines and facilities.
(2) Install a temporary grade crossing to facilitate Project construction and
remove same upon completion of bridge construction.
(3) Furnish such engineering and plans as may be necessary in connection
with work to be performed by Railroad's forces.
(4) Furnish such flagman and watchman service as may be necessary in
connection with work performed by the Railroad's forces and the City or
City's agents or contractors.
34.
35.
(5) Furnish an estimate for the aforementioned work, said estimate in the
amount of ~ , shall become a part of this Agreement,
attached hereto.
C. Public utilities including water, power, telephone, light, gas or sewer lines
conflicting with the construction of this Project shall be removed, replaced, or
relocated at no expense to Railroad.
Any work necessary in connection with the Project which is not specifically provided
for in 33 hereof, or its subsections, shall be done at Project Expense by one of the
parties hereto as may be mutually agreed upon by said parties. All work shall be done
in accordance with the plans and specifications referred to in 31 hereof, together with
such other plans and specifications that may be agreed upon by the parties hereto to
carry out the work fully in accordance with the intent of this Agreement and in
accordance with good engineering practices. If the parties hereto are unable to agree,
the issue or issues will be resolved in accordance with the applicable laws of the United
States and the Commonwealth of Virginia.
Permanent clearances at aforesaid bridge shall be in accordance with the dimensions
shown on the plans referred to in 31. In no event will the clearances be so limited as
to prevent the passage of the trains of Railroad beneath the structure. It is understood
and agreed that nothing herein contained shall be construed as granting to City or its
contractor authority for clearances contrary to any applicable law or regulation.
The City shall have general charge of engineering on the Project. The Railroad shall
provide, at Project Expense, such engineering services as may be necessary in
connection with the work performed by Railroad. The Railroad may also provide, at
Project Expense, an inspector to protect its interest in the work to be done on
Railroad's property and/or facilities by the City's contractor as may be deemed
necessary by the Railroad's Chief Engineer.
The City shall have general charge of the acquisition of all property or property rights
required for the Project, whether purchased or appropriated, and the cost shall be
charged to Project Expense. Railroad, to the extent that its present right, title and
interest permits or enables it to do so and without warranty, hereby grants to City an
easement to widen, reconstruct, operate and maintain said widened overhead bridge
across the right of way and over the tracks of Railroad at the location shown on the
plans referred to in 31 hereof; provided, however, that:
3
A. Such easement hereby granted is limited to the space required for said widened
bridge for highway purposes and for columns, foundations and other parts of
the bridge, and is limited vertically by a horizontal surface 40 feet above the
roadway surface of said bridge, together with the use of reasonable additional
space for construction and for access to the highway facilities for maintenance
purposes; it being understood that the easement shall not restrict the Railroad
from utilizing the airspace under said bridge for railroad operations and for wire
lines or other facilities which will not encroach on the reasonable requirements
for maintaining the highway facilities. All other rights are reserved unto the
Railroad.
B. City, in its maintenance of the highway facilities, agrees to obtain written
permission from the Railroad before undertaking any work which may interfere
with or be a real or potential hazard to passage of trains or other railroad
operations and agrees to bear all expense for watchmen and 'flagging services
which the Railroad may deem necessary because of its operations.
C. Railroad agrees to notify the City prior to undertaking the use of airspace over
the easement and prior to starting the construction of any fixed installation,
other than its customary signal and communication facilities, within $ feet of
the underside of said bridge or within 15 feet of said easement, it being
understood that such use will afford reasonable protection and safety to the
highway facilities and highway traffic, and will not unreasonably interfere with
maintenance of the highway facilities. Legal title and ownership in any
structure included in this Project erected by City on this easement is in City.
The City shall require its contractor:
A. To use all reasonable care and diligence in the performance of his work and
cooperate with Railroad's officials in order to avoid accidents, damage or
unnecessary delay to or interference with trains on Railroad's tracks.
B. To consult with Railroad's Division Engineer or his representative before starting
work on Railroad's right of way and abide by his instructions insofar as the
safety of railroad operations is concerned.
C. Not to perform any work over or within, or to place or permit the placing of any
machinery, equipment, material or other debris within the temporary
construction clearance limits stipulated in §5 hereof, without first obtaining
§9.
authority therefor from the Railroad's Division Engineer or his duly authorized
representative.
D. Before commencing work on Railroad's property to submit to City for obtaining
approval of Railroad, his design and method for performing work on Railroad's
right of way, including plans and specifications for falsework to support the
track span of the bridge during construction as well as plans and specifications
for shoring, sheeting, coffer damming foundations of piers and/or other
excavations adjacent to the track. City shall review said submittals and if found
in substantial conformance with provisions of his contract with the City, will
forward same to Railroad, for review and approval. It is understood and agreed
by the parties hereto, that approval of said bridge and methods, by Railroad, will
not in any way relieve the City or its contractor of the obligations,
responsibilities and liabilities imposed upon them by the provisions of this
Agreement.
E. To notify Railroad's Division Engineer or his representative in writing of the need
for flagman or watchman services as determined by the Railroad in accordance
with §8B, such notice shall be received by the appropriate Railroad official 72
hours in advance of this need.
F. To notify Railroad's Division Engineer of his representative in writing when such
flagman or watchman services shall be terminated (subject to Railroad's
concurrence).
G. To reimburse Railroad for all actual loss and expense incurred or suffered by
Railroad by reason of any substandard clearances erected on this Project by the
contractor.
H. To reimburse Railroad for all actual loss and expense incurred or suffered by
Railroad in the event Railroad must detour trains by reason of contractors
blocking Railroad's tracks.
The City will require its contractor, before commencing work of constructing said
Project within Railroad's right of way, to furnish evidence acceptable to Railroad that
the contractor has provided worker's compensation coverage as required by the
Statutes of Virginia, automobile liability insurance, and Contractor's Public Liability and
Property Damage Insurance generally required of its contractor by the City on such
projects and submit to Railroad a Railroad Protective Liability Policy for personal injury
5
§10.
§11.
§12.
and property damage all with limits of liability as set forth in the Contractor Proposal.
Said Railroad Protective Liability Policy shall be in the name of the Railroad and same
shall be prepared in accordance with the Standard Provisions for General Liability
Policies.
Upon completion of the Project, the bridge carrying Williamson Road over Railroad's
main line right of way and tracks at Milepost N-257.37, and the approaches thereto,
including highway drainage and appurtenances, shall be maintained by the City as a
part of the City Street System.
It is agreed between the parties hereto that this Project will relieve Railroad of the
responsibility of maintaining the existing structure; therefore, Railroad has agreed to
make a contribution of $950,000 toward Project cost. Additionally, the Project is to
bear the cost of the work described in §3C. It is understood that the remainder of the
funds for the construction of the Project herein contemplated is to be financed from
funds provided by the City and expended under City regulations; all plans,
specifications, estimates of costs, awards of contract, acceptance of work and
procedures in general are subject at all times to City laws, rules and regulations, orders
and approvals applicable to City projects of the character herein contemplated.
Railroad shall render its bills for actual costs and expenses incurred by it on account of
the Project in accordance with Federal-Aid Highway Program Manual, Volume 1,
Chapter 4, Section 3 of the Federal Highway Administration and revisions and
supplements thereto. Any items paid Railroad by City and not approved by the City in
accordance with City regulations in their final audit will be promptly refunded City by
Railroad upon submission of the items so disapproved. The City will not be liable for
payment of any bill received more than 12 months after all work on the Project is
completed and the Project has been accepted by the Railroad and City unless the
Railroad has requested an extension of the billing period in writing.
This Agreement when properly executed shall be binding upon the parties hereto and
their respective successors and assigns.
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be
executed in duplicate, each by its duly authorized officers and the corporate seal of the Norfolk
and Western Railway Company affixed hereto, all as of the day, month and year hereinabove
first written.
(Corporate Seal)
Attest:
NORFOLK AND WESTERN RAILWAY
COMPANY
President/Vice President
Attest:
CITY OF ROANOKE
City Clerk/Deputy City Clerk
City Manager/Assistant City Manager
Approved as to form:
City Attorney/Assistant City Attorney
Appropriation and Funds Required
for this Contract Certified
Approved as to execution:
Director/Deputy Director of Finance
Date:
City Attorney/Assistant City Attorney
Account #:
7
Mary F. Parker, CMCIAAE
c~y C~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy c~y c~
September 25, 1997
File ff60-2-53-237
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33584-092297 amending and reordaining certain
sections of the 1997-98 Capital Projects Fund Appropriations, to provide funds in
connection with property acquisition and additional engineering services needed to
complete the Peters Creek Flood Reduction Project. Theabovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:is
Attachment
H:\COUNClL~SEPT. 22
James D. Grisso
September 25, 1997
Page 2
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
William F. Clark, Director of Public Works
Kit B. Kiser, Director, Utilities and Operations
Dolores Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Rosemary Trussell, Accountant, Contracts and Fixed Assets
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~COUNCIL~,SEI3T.22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of September, 1997.
No. 33584-092297.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Other Infrastructure
Peters Creek Land Acquisition (1) .............................
Peters Creek Additional Engineering (2) ........................
Capital Improvement Reserve
Public Improvement Bonds - Series 1992-A (3) ...................
1) Appropriated from
Bond Funds (008-056-9656-9001) $ 500,000
2) Appropriated from
Bond Funds (008-056-9657-9001) 55,000
3) Storm Drains (008-052-9700-9176) (555,000)
$ 8,213,362
550,000
76,000
$11,528,512
1,452,521
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
RECEIVED
CITY CLER!{S OFFICE
Honorable Mayor and Members of Ci~(/
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
PETERS CREEK FLOOD REDUCTION PROJECT
LAND ACQUISITION
September 22, 1997
Council Report No. 97-187
~ on the subject in chronological order is as follows:
Peters Creek is a multi-!urisdictional watershed that flows in a southward
direction from its headwaters located north of Interstate 81. The watershed is
located in the extreme northwest quadrant of the City and extends into Roanoke
County.
L~rqe numbers of residences and businesses are located in the Iow-lvina areas
adjacent to Peters Creek and its tributaries. These areas experience periodic
flooding.
The 1992 Bond Issue included $4.000.000 to address floodino oroblems in the
Peters Creek watershed.
A four phase flood reduction Dian was prepared bv City staff in coordination
with the consulting engineer, Mattern & Craig, Inc. The four phases are as
follows:
Phase I:
Channel widening and replacement of five culverts. Provided for
channel widening and the replacement of five roadway culverts.
Cost: $1,088,498
Phase Ih
Chi~nnel clearing and snaoging. Provided for clearing debris from
approximately 20,000 linear feet of channel.
Cost: $253,000
Phase II1:
Construct two re°ional detention basins. Provide for the
construction of two regional detention basins. Two basins are
proposed to be located just north of Peters Creek Road and are
designed to store excess runoff and release at a reduced rate.
Both basins are located in Roanoke County. Estimated Cost:
$1,600,000
Phase IV:
Floodoroofino orogram. Provide assistance to homeowners and
businesses to provide floodproofing improvements. Estimated
cost: $686,569
The first two phases are complete and have provided significant improvement
to area residents. This report deals with the implementation of Phase III,
Detention Basins.
h\REED\COUNCIL\PETERS.CRK
Honorable Mayor and Members of City Council
PETERS CREEK FLOOD REDUCTION PROJECT
LAND ACQUISITION
September 22, 1997
Page 2
II.
Current situation is as follows:
Two reqionel detention basins are oroOosed to be constructed. One is known
as the Lower North Lakes Basin and the other is the Montclair Basin. Both
basins are to be located on vacant land in Roanoke County. The estimated cost
for both basins is ~ 1.600.000 including land costs.
All necessary reoulatorv approvals have been obtained to construct the basins
with the exception of a SDecial Use Permit to be issued by Roanoke County.
Application for this permit has been submitted, and it is scheduled to be voted
on by the County Planning Commission on October 7, 1997, and the Board of
Supervisors on October 28, 1997.
A total of 14 properties are needed to construct both basins. The Lower North
Lakes Basin requires five parcels at an estimated cost of $200.000 and the
Montclair Basin requires nine parcels at an estimated cost of $350.000.
Attached is a listing of properties tabulated by owner, address, and Roanoke
County tax assessment number.
Council aDDroved Ordinance No. 33112-090396 on Seotember 3. 1996, which
provided for acquisition of property rights needed for construction of Lower
North Lakes and Montclair Detention Basins. On this same date, Council also
approved Ordinance No. 33111-090396 which provided partial funding
($50,000) for property acquisition and $21,000 for additional engineering.
Construction plans end sDecifications for this Dro!ect were prepared bv Mattern
& Craio, Consultino Enoineers. in 1992. These plans and specifications are now
in need of updating and modification, before this project can be bid.
A budget ordinance is needed to provide fundino for the balance of property
acouisition and additional enoineering needed to complete this Droiect.
III.
Issues in order of importance are as follows:
A. Proiect schedules
B. Fundino
I:\REED\COUNCIL\PETERS.CRK
Honorable Mayor and Members of City Council
PETERS CREEK FLOOD REDUCTION PROJECT
LAND ACQUISITION
September 22, 1997
Page 3
IV.
Alternatives in order of feasibility are as follows:
Trensfer funds from Public Improvement Bonds Series 1992A. account number
008-052-9700-9176, into accounts entitled Peters Creek Land Acouisition
(~500,000), and Peters Creek Additional Enoineerino ($55,000).
PrQ!ect schedules will be maintained. The land acquisition phase of the
project is estimated to take approximately six months. The projects
could be ready for bid advertisement by early 1998.
Fvnding is available in Public Improvement Bonds Series 1992A, account
number 008-052-9700-9176.
Do not transfer funds from Public Improvement Bonds Series 1992A, account
number 008-052-9700-9176, into accounts entitled Peters Creek Land
A~ouisition ($500,000), and Peters Creek Additional En_oineerino ($55,000).
1. Proiect schedule will be indefinitely delayed.
2. Fvnding will remain available.
Recommendation is that City Council concur in Alternative "A" and take the following
specific actions:
Transfer $500,000 from Public Improvement Bonds Series 1992A, account
number 008-052-9700-9176, to the account entitled Peters Creek Land
Acquisition, account number 008-056-9656-9001.
Transfer $55.000 from Public Improvement Bonds Series 1992A, account 008-
052-9700-9176, to the account entitled Peters Creek Additional Engineering,
account number 008-056-9657-9001
Respectfully submitted,
Herbert
City Manager
WRH/GR/kh
I:\REED\COUNCIL\PETERS.CRK
Honorable Mayor and Members of City Council
PETERS CREEK FLOOD REDUCTION PROJECT
LAND ACQUISITION
September 22, 1997
Page 4
Attachment: Property List
C.'
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Budget Administrator
h\REED\COUNCIL\PETERS.CRK
Attachment A
City of Roanoke, Virginia
Peters Creek Flood Reduction Proiect
Owner & Address
Montclair Basin
Charles C. Harris
5956 Cove Road
Larry G. Conner &
Ida Jane E. Conner
6012 Cove Road
Keith L, & Lettia A. Smith
2965 Emissary Drive
Henry R. III & Shirley J. Kiser
2959 Emissary Drive
Chad J. Wright
2971 Emissary Drive
Bruce M. & Melissa C. Glass
2951 Emissary Drive
Patrick & Andrea B. Slachtowski
294.7 Emissary Drive
Cowan C. & Doris K. Edwards
294.1 Emissary Drive
John C. & Kimberly L. Byles
2979 Emissary Drive
Lower North Lakes Basin
Fralin & Waldron, Inc.
Layman Candy Co., Inc.
Fralin & VValdron, Inc.
Vinson B. & Lesta K. Simpson
Linda K. VVinge
4914 North Spring Drive
Tpx Ma;)
36.15-1-10
36.15-1-2
36.19-1-1.11
36.19-1-1.10
36.19-1-1.12
36.19-1-1.8
36.19-1-1.7
36.19-1-1.6
36.19-1-1,13
37.13-4-3.1
37.13-4-3
37.13-4--7
37.13-4-1
37.13-3-32
Zoning
Classification
R-1
C-2
R-1
R-1
R-1
R-1
R-1
R-1
R-1
C-2
C-2
R-3
R-2
R-1
I:\REED\COUNCIL\PETERS.CRK
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
File #2-178-200-236
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33586-092297 authorizing the execution of the
Abandoned Housing Clearance Fund Agreement with the Virginia Department of Housing
and Community Development to accept grant funds, and authorizing execution of a
Subgrantee Agreement with the owners of certain property located on First Street, S. W.,
upon certain terms and conditions. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:is
Attachment
H:~COUNCIL~SEPT.22
W. Robert Herbert
September 25, 1997
Page 2
pc:
M. Shea Hollifield, Community Development Division, Virginia Department of
Housing and Community Development, 501 North Second Street, Richmond,
Virginia 23219-1321
Virginia Realty and Auction, Inc., c/o Woltz and Associates, 23 Franklin Road,
S. W., Roanoke, Virginia 24016
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director of Public Works
George C. Snead, Director of Public Safety
Ronald H. Miller, Building Commissioner
John H. Marlles, Chief, Community Planning and Development
Phillip F. Sparks, Chief of Economic Development
Dan Pollock, Coordinator, Housing Development
H :',,COU NCIL~,SE PT. 22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of September, 1997.
No. 33586-092297.
A RESOLUTION authorizing the execution of the Abandoned
Housing Clearance Fund Agreement with the Virginia Department of
Housing and Community Development to accept grant funds, and
authorizing execution of a Subgrantee Agreement with the owners of
certain property located on First Street, S.W., upon certain terms
and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager~ W. Robert Herbert, or the Assistant
City Manager, and the City Clerk, are hereby authorized to execute,
seal and attest, respectively, the Abandoned Housing Clearance Fund
Agreement, in form approved by the City Attorney, with the Virginia
Department of Housing and Community Development to accept
$100,000.000 in grant funds, as set out and described in the City's
application for said grant, and the report to this Council dated
September 22, 1997.
2. The City Manager, W. Robert Herbert, or the Assistant
City Manager, and the City Clerk, are hereby authorized to execute,
seal and attest, respectively, the Subgrantee Agreement, in form
approved by the City Attorney, with the owners/developers of 716-
718-720-722 First Street, S.W., as described in the report to this
Council dated September 22, 1997.
ATTEST:
City Clerk.
It:!RES\R-ABAN HOU
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
SANDRA H. EAKIN
Deputy City Clerk
File ~t60-2-178-200-236
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33585-092297 amending and reordaining certain
sections of the 1997-98 Grant Fund Appropriations, to provide funds relating to execution
of an Abandoned Housing Clearance Fund Agreement with the Virginia Department of
Housing and Community Development in connection with acceptance of a $100,000.00
grant to provide for acquisition, demolition, or clearance of abandoned housing, and
execution of a Subgrantee Agreement with the owners/developers of property located at
716, 718, 720, and 722 First Street, S. W., to support redevelopment of such property.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:is
Attachment
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
William F. Clark, Director of Public Works
George C. Snead, Director of Public Safety
Ronald H. Miller, Building Commissioner
John H. Marlles, Chief, Community Planning and Development
Phillip F. Sparks, Chief of Economic Development
Dan Pollock, Coordinator, Housing Development
H:~COUNClL~SEFq'.:~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of September, 1997.
No. 33585-092297.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Community Development
Abandoned Housing Clearance Fund (1) .......................
Revenue
Community Development
Abandoned Housing Clearance Fund (2) .......................
1) Fees for Professional
Services (035-052-5251-2010) $ 100,000
2) Abandoned Housing
Clearance Fund (035-035-1234-7262) 100,000
$ 4,001,938
100,000
$ 4,001,938
100,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
RECEIVED
CITY rt r~,~ 0~'
Honorable Mayor and Members of City Council
Roanoke, Virginia
Roanoke, Virginia
September 22, 1997
97-188
Dear Mayor Bowers and Members of Council:
Subject:
Virginia Abandoned Housing Clearance Fund
1996 Vir~nia General Assembly appropriated $500,000 for the Abandoned Housing
Clearance Fund (AHCF), "to provide financial assistance for acquisition, demolition,
or clearance of abandoned housing." The Virginia Department of Housing and
Community Development's (DHCD) intention for the program is to use the funds
primarily to support projects with plans for productive reuse that will result in a
noticeable impact in a specific area.
B0
Roanoke was one of twelve (12) communities eligible for program funding of up to
$100,000 per locality.
City Council authorized the City Manager to apply for a grant through the program
on February 18, 1997. The City Manager submitted an application for $100,000 to
assist potential improvement projects along Elm Avenue SW near downtown.
II. Current Situation:
Ao
DHCD has approved Roanoke's application for $100,000, to support one or some of
the projects identified in the application.
Bo
The project identified in the application as first priority for use of the fimds, i.e. 716-
718-720-722 Elm Avenue SW, at the northeast comer of Elm Avenue and First Street
SW, has proceeded to the point that its renovation is imminent.
Co
The City must accept the grant of funds from the State and enter into an agreement
with the developers of the project for which the funds are to be used.
D°
Analysis of the project and negotiations with the developers have resulted in plans
to commit $85,000 of ACHF funds to enhance the project. The remaining $15,000
is to be reserved for potential use to support another project, but to allow it also to
be added to the First Street project if the other potential project does not materialize.
mo
AHCF funds received must be matched at the rate of one dollar locally from federal,
local, or private sources for every two dollars received from the state. However, any
fimds from any source spent on work associated with the property qualifies as
Mayor and Members of City Council
Page 2
matching funds. Accordingly, other development funds put into the project by the
developers from conventional lenders or their own funds will cover the match
requirement.
III. Issues:
A. Impact on community revitalization activities
B. Cost to the City
C. Timing
IV. Alternatives:
Authorize the City Manager or Assistant City Manager to execute the Abandoned
Housing Clearance Fund Agreement with the Virginia Department of Housing and
Community Development to accept the grant of $100,000 (Attachment A); and
Authorize the City Manager or Assistant City_ Manager to execute and the City Clerk
to attest a Subgrantee Agreement with the owners/developers of 716-718-720-722
First Street SW (Attachment B) to support the redevelopment of that property; such
Agreements to be approved as to form by the City Attorney; and
Appropriate $100,000 to revenue and expenditure accounts to be established by the
Director of Finance in the Grant Fund.
Impact on community revitalization activities will be positive, as funds
received from the AHCF and allocated for the renovation project will support
the substantial improvement of highly visible but badly deteriorated
buildings on the fringe between downtown and a historic neighborhood, for
attractive middle- to upscale housing. The renovation project will be
consistent with plans for housing in and around downtown Roanoke.
Cost to the City will be nothing from the City's own funds. Required
matching funds will be provided by other funds for the completion of the
project.
Timing is such that renovations are planned to begin within the next few
weeks. The agreement accepting the allocation of funds from the State
should be executed immediately and returned to DHCD. The agreement with
the subgrantee ideally should be executed before the project begins, even
though funds will be released as reimbursement of expenses when the project
is completed. Furthermore, the City's commitment to the project will assist
Mayor and Members of City Council
Page 3
the developers in securing attractive financing for the project.
Do not authorize the City Manager to execute the Agreement with DHCD accepting
the grant from the Virginia Abandoned Housing Clearance Fund; and Do not
authorize the City Manager to execute the Agreement with the owners/developers
of the property on First Street SW for its renovation.
Impact on community revitalization activities would not be enhanced by the
loss of $100,000 in additional financing for the alleviation of a high-visibility
deteriorated property. Without the AHCF funding, the financial feasibility
of the renovation is weakened, and the extent of renovations is likely to be
cut back, making the property less attractive and financially viable.
Cost to the City. would be nothing directly. Matching funds would not be an
issue. However, rejection of the funding for alleviation of blighting
conditions on a major traffic artery will make improvement of those
conditions less likely, leading to continued disinvestment and deterioration.
Timing would not be an issue. DHCD should be notified immediately of the
City's rejection of the grant, so it may reallocate the funds to other localities.
The owners/developers should also be notified, so their plans can be changed
accordingly.
Recommendation is to concur in Alternative A, thereby
A. Authorizing the City Manager or Assistant City Manager to execute the Abandoned
Housing Clearance Fund Agreement with the Virginia Department of Housing and
Community Development to accept the grant of $100,000 (Attachment A); and
B. Authorizing the City Manager or Assistant City Manager to execute and the City
Clerk to attest a Sub~antee Agreement with the owners/developers of 716-718-720-
722 First Street SW (Attachment B) to support the redevelopment of that property;
such Agreements to be approved as to form by the City Attorney; and
C. Appropriating $100,000 to revenue and expenditure accounts to be established by the
Director of Finance in the Grant Fund.
Respectfully submitted,
W~. ~bert Herbert ~
City Manager
Attachments (2)
Mayor and Members of City Council
Page 4
WRH/hdp (acptgrnt.cr2)
CC~
City Attorney
Director of Finance
Director of Public Works
Director of Public Safety
Building Commissioner
Chief, Community Planning and Development
Chief of Economic Development
Housing Development Coordinator
George Alien
Governor
Attachment A
COMMONWEALTH of VIRCjINIA
DEPARTMF:NT OF
HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF COMMUNITY DEVELOPMENT
Robert T. Skunda
Secretary of
Commerce and Trade
Warren C. Smith
Director
Abandoned Housing Clearance Fund Agreement
Purpose
The Abandoned Housing Clearance Fund Agreement is executed between the Virginia Department of
Housing and Community Development (DHCD) and each locality receiving grant funds under the
Commonwealth of Virginia's Abandoned Housing Clearance Fund Program. It is intended to define
procedures for:
a the disbursement of funds from DHCD to the locality; and
ta the locality's responsibilities for reporting to DHCD on the use of grant funds and the
and overall impact of the funded project.
It is also intended to define responsibilities for ensuring that:
a grant funds meet the Abandoned Housing Clearance Fund Program's intent as articulated in the
authorizing budget appropriation, and are used for the purposes proposed in the locality's
Abandoned Housing grant application;
o the funded project is successfully completed as represented in the grant application; and
o all Abandoned Housing funding guidelines and any other applicable regulations are complied
with in completing the project.
Grant Application As Appendix
By signing this agreement the locality agrees that its Abandoned Housing Clearance Fund grant
application is considered appended to this agreement to represent the scope, intent and costs of the f~
project. ,.
EOUAL NOUS~NG
OPPORTUNITY
501 North Second Street, The Jackson Center, Richmond, VA 23219-1321 · (804) 371-7030 · FAX (804) 371-7093 · TTP (804) 371-7089
"Revitalizing Virginia's Inner Cities and Rural Communities"
Changes in Project
Revisions in project scope, intent or costs which are deemed by DHCD to substantially change the project
may result in suspension of funds disbursement and necessitate a revised agreement.
Disbursement Grant Funds
It is the locality's responsibility to maintain all records related to the Abandoned Housing Clearance Fund
grant. As the locality incurs costs for Abandoned Housing Fund project activities, whether by
disbursement of local funds or by holding a bill for services rendered, it may request a reimbursement.
To request reimbursement the locality shall submit a Progress Assessment. In order to determine the 50%
of current expenses that is eligible for reimbursement, the Progress Assessment will show with
accompanying documentation all project expenses incurred during the period for which reimbursement
is sought. IXcumentation should be in the form of bills or invoices due or a copy of the canceled check
used to pay for project activities. The Progress Assessment should clearly indicate the requested
reimbursement amount and must be signed by the city manager or housing authority director. The
Progress Assessment should also indicate previous reimbursement amounts and the subsequent remaining
balance of the total grant award. It will therefore outline:
Summary of all project work to date
- all work that has been accomplished on the project to date
- all expenses that have been incurred on the project to date
- reimbursements which have been requested to date
- the remaining balance of grant funds prior to this request
Summary of expenses incurred in period of current reimbursement request
- work that has been accomplished since the previous Progress Assessment
- expenses incurred since the previous Progress Assessment
- the amount of the current reimbursement request (50 % of costs incurred during the period)
- the remaining balance of grant funds after payment of this request
After DHCD approves the amount requested, an invoice will be sent by DHCD to the State Treasurer's
office for proces,~g. It is expected that it will take 3-4 weeks from the time DHCD receives the invoice
until the locality receives its grant payment.
Monitoring
DHCD staff will be available for on-site assistance and monitoring as needed during the project, and will
perform a final site inspection upon notification from the locality that the project is completed.
Amount of Grant
The grant amount awarded by the state to the grantee locality is $100,000. A 50% match of local funds
is required.
Closeout of Grant
In order to expend all grant funds by the end of the Commonwealth's FY 1997-98 budget, final requests
for reimbursement must be received by June 1, 1998 to allow reimbursement checks to be processed
by June 30, 1998. Funds not expended by June 30, 1998 are subject to reappropriation.
Final Reports
The locality will submit to DHCD two copies of a final report detailing final project expenses and funding
sources, economic impact and other tangible results, and a statement signed by the city manager or
housing authority director certifying that all expenses were incurred and actions taken as proposed in the
grant application. The locality musts submit a copy of the audit(s) covering expenditure of Abandoned
Housing Clearance Funds.
By signing below, I hereby agree to the terms of the Abandoned Housing Clearance Fund grant as
outlined above, and agree to comply with these terms.
City Manager/HRA Director
City of
Date
Deputy Director
Community Development Division
Virginia Department of Housing & Community
Development
Date F_~ / ~ { ~ "7
g: \~ommc~v~ous~agr~mt
Attachment B
AGREEMENT
This Agreement is made and entered into this __
following parties:
day of September, 1997, by and between the
Grantee:
City of Roanoke, Virginia
215 Church Avenue SW
Roanoke, Virginia 24011
Subgrantee:
Virginia Realty and Auction, Inc.
WITNESSETH:
WHEREAS, by Resolution No. 334 -__, Roanoke City Council approved the execution of
a grant agreement with the Virginia Department of Housing and Community Development for an
allocation of funds from the Virginia Abandoned Housing Clearance Fund (AHCF); and
WHEREAS, by Resolution No. 334 -__., Roanoke City Council approved the execution of
a subgrant agreement between the Grantee and the Subgrantee to support the renovation of buildings
at 716, 718, 720, and 722 First Street, S.W., in the City of Roanoke;
NOW, THEREFORE, in consideration of the mutual promises of the parties set forth herein, the
parties hereto mutually agree as follows:
I. RENOVATION PROJECT
General -- The Subgrantee shall undertake the complete renovation of the buildings
located at 716, 718, 720, 722 Elm Avenue, S.W., according to building plans
submitted and approved by the Grantee's Building Department and in compliance
with the Virginia Uniform Statewide Building Code. The Subgrantee shall renovate
the buildings for up to twenty (20) independent dwelling units for residential
purposes.
Permits and Certificates -- The Subgrantee or the Subgrantee's contractor(s) shall
obtain all required permits and certificates. Upon completion of all renovations, the
buildings and any parts thereto shall qualify for and be the subject of a permanent
Certificate of Occupancy under the provisions of the Virginia Uniform Statewide
Building Code. Any part or parts of the buildings which are rental dwelling units
shall qualify for, and be the subject of, a Certificate of Compliance issued pursuant
to the Grantee's Rental Certificate of Compliance program.
1 of 7 pages
II.
Regulatory_ Compliance -- Any use of the property shall be in conformance with the
Grantee's zoning and land use requirements, and all other applicable regulations of
the Grantee, the Commonwealth of Virginia and the United States of America.
Period of this Agreement -- This Agreement shall be effective immediately upon its
execution by both parties, and, unless amended or terminated, shall end August 1,
1998, or upon payment of all reimbursement by the Grantee to the Subgrantee,
whichever occurs first.
Schedule -- The Subgrantee shall begin demolition by December 1, 1997. The
Subgrantee shall continue work diligently and shall complete all renovation and
obtain permanent Certificates of Occupancy and Certificates of Compliance, issued
pursuant to the Grantee's Rental Certificate of Compliance program, by May 15,
1998.
Project costs -- The Subgrantee shall provide documentation satisfactory to the
Grantee's Housing Development Coordinator of costs of the project. The total cost
of the project, including acquisition costs, renovation costs, predevelopment costs,
architectural and engineering costs, and necessary legal costs associated with the
acquisition and renovation, shall be not less that $400,000.00, of which no less than
$300,000.00 shall be for demolition, stabilization, and renovation costs. The
determination of the Grantee's Housing Development Coordinator regarding the
characterization and reasonableness of costs for the project shall be final.
Regulations of the Abandoned Housing Clearance Fund -- The Subgrantee agrees to
abide by all regulations, requirements and conditions set forth by the Department of
Housing and Community Development for use of the Abandoned Housing Clearance
Fund. The Subgrantee agrees to provide reasonable access to the project, and
records pertaining thereto, by staff of the Grantee and the Department of Housing
and Community Development to verify progress and completion of the project in
accordance with the Abandoned Housing Clearance Fund program and this
Agreement.
Ho
At all times during the renovation, Subgrantee shall comply with all applicable
federal, state, and local laws, ordinances and regulations.
REIMBURSEMENT OF EXPENSES
Form of Subsidy -- The total amount to be reimbursed to the Subgrantee by the
Grantee from the Abandoned Housing Clearance Fund under this Agreement is
$85,000.00, unless increased by the Grantee's City Manager under the provisions of
Section VIII below. The subsidy will be in the form of a grant of funds for
reimbursement of eligible expenses as described below. As funds will be released
to the Subgrantee for expenses incurred or paid, no deed of trust or other
encumbrance will be placed upon the property.
2 of 7 pages
III.
IV.
Expenses Eligible for Reimbursement -- Reimbursement is available only from the
Virginia Abandoned Housing Clearance Fund for specified costs associated with the
project, as determined eligible by the Grantee and the Virginia Department of
Housing and Community Development. Costs eligible for reimbursement shall be
costs incurred in connection with acquisition, demolition, and stabilization of the
building. Stabilization may include demolition of elements of the building, including
the rear staircase and porch assemblies; and repair or replacement of the roof,
windows, and exterior doors, so as to close and protect the building from the
elements, unauthorized entry, and deterioration. General rehabilitation expenses are
not eligible. The Grantee shall determine the eligibility of specific costs for
reimbursement claimed by the Subgrantee, subject to approval by the Department of
Housing and Community Development, and such determinations shall be final.
Claims for Reimbursement of Expenses -- The Subgrantee shall submit to the
Grantee's Housing Development Office documentation of project expenses, showing
costs incurred or paid since the inception of the project. Such documentation shall
be in the form of bills or invoices due or a copy of canceled checks used to pay for
project activities. The request for reimbursement shall indicate the total of project
expenses and the amounts, itemized by purpose, claimed for reimbursement from the
Grantee. The Subgrantee also shall include documentation of Certificates of
Occupancy under the Virginia Uniform Statewide Building Code and Certificates of
Compliance with the Grantee's rental Certificate of Compliance program. All
documentation of costs claimed for reimbursement from the Grantee must be
submitted to the Grantee by May 15, 1998. Any request or document submitted after
that date will not be accepted by Grantee and will not be eligible for reimbursement.
Do
Payment of Reimbursement -- Upon receipt of satisfactory documentation as
described above, and approved by Grantee and, if needed, VDHCD, the Grantee
shall reimburse the eligible expenses to the Subgrantee within fourteen (14) days of
receipt of the request, documentation, and approval. The determination of whether
costs are satisfactorily documented and whether costs are eligible for reimbursement
shall be within the sole discretion of Grantee's Housing Development Coordinator.
THIRD-PARTY CONTRACTS
The Grantee shall not be obligated or liable hereunder to any party other than the
Subgrantee.
TERMINATION OF AGREEMENT
In the event the Subgrantee fails to comply with any term or provision of this Agreement,
including beginning demolition by December 1, 1997, progressing diligently toward
completion, or completing all renovation work by May 15, 1998, the Grantee may suspend
or terminate, in whole or in part, this Agreement by sending 15 days' written notice to the
Subgrantee.
3 of 7 pages
VI.
VII.
VIII.
INDEMNITY
The Subgrantee agrees to, and binds itself and its successors and assigns to, indemnify, keep
and hold the Grantee and its officers, employees, agents, volunteers and representatives free
and harmless from any liability on account of any injury or damage of any type to any person
or property growing out of or directly or indirectly resulting from any act or omission of the
Subgrantee or its contractors including, but not limited to: (a) the Subgrantee's use of the
streets or sidewalks of the Grantee or other public property; (b) the performance under this
Agreement; (c) the exercise of any right or privilege granted by or under this Agreement;
or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed upon or
assumed by the Subgrantee by or under this Agreement. In the event that any suit or
proceeding shall be brought against the Grantee or any of its officers, employees, agents,
volunteers or representatives at law or in equity, either independently or jointly with the
Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any
of its officers, employees, agents, volunteers or representatives, will pay all costs of
defending the Grantee or any of its officers, employees, agents, volunteers or representatives
in any such action or other proceeding. In the event of any settlement or any final judgement
being awarded against the Grantee or any of its officers, employees, agents, volunteers or
representatives, either independently or jointly with the Subgrantee, then the Subgrantee will
pay such settlement or judgement in full or will comply with such order, pay all costs and
expenses of whatsoever nature and hold the Grantee or any of its officers, employees, agents,
volunteers or representatives harmless therefrom.
INDEPENDENT CONTRACTOR
All services performed under this Agreement shall be performed on an independent
contractor basis and under no circumstances shall this Agreement be construed as
establishing an employee/employer relationship between the Grantee and the Subgrantee.
The Subgrantee shall be completely responsible for its activities in performing services
hereunder.
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.
AMENDMENTS
The Grantee, from time to time, may require changes in the obligations of the Subgrantee
hereunder, or its City Manager may determine in his sole discretion that an allocation of
$15,000.00 in additional funds for the project is appropriate, not to exceed a total of
$100,000.00 for the total grant from the Grantee. In such event or events, such changes
4 of 7 pages
IX.
XI.
XII.
XIII.
which are mutually agreed upon by and between the Grantee and the Subgrantee shall be
incorporated in a written amendment to this Agreement.
AVAILABILITY OF FUNDS
Abandoned Housing Clearance Funds to be reimbursed by the Grantee to the Subgrantee
under this Agreement is contingent upon necessary appropriation of such funds by the
Virginia Department of Housing and Community Development to the Grantee. In the event
that appropriation of such sufficient funds are withdrawn by the Department of Housing and
Community Development, at the sole discretion of the Grantee, this Agreement may be
terminated in whole or in part without any liability of any type being incurred by Grantee.
NONWAIVER
The Subgrantee agrees that the Grantee's waiver or failure to enforce or require performance
of any term or condition of this Agreement or its waiver of any particular breach of this
Agreement by the Subgrantee extends to that instance only. Such waiver or failure is not and
shall not be a waiver of any of the terms or conditions of this Agreement, except as set forth
herein, or a waiver of any other breaches of this Agreement by the Subgrantee and does not
bar the Grantee from requiring Subgrantee to comply with all the terms and conditions of
this Agreement and does not bar the Grantee from asserting any and all rights or remedies
it may have or might have against the Subgrantee under this Agreement by law.
FORUM SELECTION AND CHOICE OF LAW
By virtue of entering into this Agreement, Subgrantee submits itself to a court of competent
jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is
controlled by the laws of the Common~vealth of Virginia and that all claims, disputes, and
other matters shall only be decided by such court according to the laws of the
Commonwealth of Virginia.
SEVERABILITY
If any provision of this Agreement, or the application of any provision to a particular entity
or circumstance, shall be held to be invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions of this Agreement shall not be affected and all other
terms and conditions of this Agreement and the Training Agreement shall be valid and
enforceable to the fullest extent permitted by law.
ASSIGNMENT
This Agreement and the rights and obligations hereunder may not be sold, assigned, or
transferred at anytime by Subgrantee without the prior written consent of the Grantee's City
Manager, such consent not to be unreasonably withheld.
5 of 7 pages
XIV. AUDIT
Subgrantee agrees that the Grantee or any of its duly authorized representatives shall have
access to any information, books, documents, papers, and records of Subgrantee which are
pertinent to this Agreement for the purpose of making an audit, examination, excerpts,
transcriptions, or verification of any information or figures provided to them by Subgrantee.
XV. 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.
XVI. COOPERATION
Each party agrees to cooperate with the other in executing any documents necessary to carry
out the intent and purpose of this Agreement.
XVII.
COUNTERPART COPIES
This Agreement may be executed in any number of counterpart copies, each of which shall
be deemed an original, but all of which together shall constitute a single instrument.
XVIII. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement and understanding of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
hereinabove written:
ATTEST:
CITY OF ROANOKE
(GRANTEE)
By. By
Mary F. Parker, City Clerk
City Manager/Assistant City Manager
ATTEST:
VIRGINIA REALTY AND AUCTION, INC.
(SUBGRANTEE)
By By
Secretary
(Affix Corporate Seal )
President, Virginia Realty and Auction, Inc.
6 of 7 pages
APPROVED AS TO FORM
APPROVED AS TO EXECUTION
Assistant City Attorney
Assistant City Attorney
APPROPRIATION AND FUNDS REQUIRED
FOR THIS AGREEMENT CERTIFIED
Director of Finance
Account Number
H 5AGKEE',,A-ABAN DO. 1C
7 of 7 pages
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
File #72-373
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33587-092297 authorizing you to enter into an
agreement with Signet Bank, for the leasing of office and classroom space within the
Signet Bank Building to house the Employment Services Program and staff, upon certain
terms and conditions. The above referenced measure was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Attachment
pc:
H. Ashley Pierce, III, Vice President, Signet Bank, Post Office Box 25339, ATTN:
12095-0239, Richmond, Virginia 23260-5339
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director of Human Development
Kit B. Kiser, Director, Utilities and Operations
Dolores Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Corinne B. Gott, Superintendent, Social Services
Ruth Hendrick, Employment Services Office
H:\COUNCIL~SEPT. 22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of September, 1997.
No. 33587-092297.
AN ORDINANCE authorizing the City Manager to enter into an
agreement with Signet Bank, for the leasing of office and classroom
space within the Signet Bank Building to house the Employment
Services Program and staff, upon certain terms and conditions; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to
execute and attest, respectively, in form approved by the City
Attorney, an appropriate lease agreement with Signet Bank, for the
lease of 6,673 square feet of office and classroom space within the
Signet Bank Building, located at 110 Church Avenue, S.W., to house
the Employment Services Program and staff; said lease shall be for
a term of not more than five years; the annual lease rate is $12.50
per square foot of space; said lease shall be upon the other terms
and conditions as more particularly described in the report to this
Council from the City Manager dated September 22, 1997.
2. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
It ~ORD~O-LE-E~IP lB
RECEIYE0 September 22, 1997
CITY CLERKS OFFICE Report No. 97-353
Honorable Mayor and City Council
Roanoke, Virginia SEP 18 Al0:43
Dear Members of Council:
SUBJECT: Employment Services Office and Classroom Space
Be~;karound on the subject in chronological order is as follows:
Ao
Eo
The [~mDIovment Services Prooram, a unit of Social Services, operates programs
to aid welfare recipients in finding full-time, unsubsidized employment in order
to achieve financial independence.
Viroinia's Initiative for EmDIovment not Welfare IVIEW) will be implemented in
the City on October 1, 1997. This is the work component of the Virginia
Independence Program which the General Assembly passed in 1995.
VIEW anticipates that caseloads will increase to more than 750 from the
current 200 due to fewer exemptions and changes in program requirements.
An additional 7 permanent staff positions have been approved to handle this
increase. Employment Services has a current staff of 11.
In-house trainino_ Dro_orams will also be offered to approximately 70 clients on
a daily basis, requiring two additional contract staff members.
Current space is insufficient to house the additional staff and meet classroom
needs.
II.
Current situation is as follows:
Ao
EmDIovment Services has located 6.673 souare feet of space in the Signet
Bank Building, 110 Church Avenue, that is suitable to house the Employment
Services Program and staff. Arrangements have also been made with AIIright
Parking for twenty {20) parking spaces (3 for staff and 17 for clients) in the
Church Avenue Parking Garage at $50/mo. per space. This is adequate space
and parking to accommodate their increased needs.
B. The terms of a lease agreement were neootiated as follow~:
1. Number of Square Feet
6,673
2. Term of Lease
Not more than five years
Availability of Funding
Lessor agrees that lessee is bound
only to the extent that funds are
appropriated by the State
Employment Services Office and Classroom Space
Page 2
September 22, 1977
Co
Eo
4. Annual Lease Rate
$12.50/square foot
5. Intended Use
Office & classroom space
6. Location
Fourth Floor of Signet Bank
Building, 110 Church Avenue
7. Utilities
Provided by landlord
8. Janitorial and Maintenance
Provided by landlord
Proposed lease reouires the City to indemnify and hold harmless the Lessor and
Sawyer Properties, Inc. from and against any and all liability, damages, and
expenses arising from any act or omission of the City, its agents, contractors,
employees, invitees, licensees, or visitors, in connection with the leased
premises.
ProDosed lease will be for a period of not more than five years, at a rate of
$6,951.04 per month, which calculates to be $12.50 per square foot per year
including utilities and custodial service. This is considered a very competitive
price for finished office space.
Proposed lease aoreement between the City and Signet Bank, a Virginia
Corporation, or its successor in interest, must be approved by City Council.
III.
Issues in order of importance are as follows:
A. Need
B. Timina
C. Cost
IV.
Alternatives in order of feasibility are as follows:
A. City Council authorize the execution of a Lease Aoreement, as summarized
above and in form approved by the City Attorney.
1. Need of Employment Services for additional office and classroom space
is met.
2. Timing to allow relocation of staff prior to October 1, 1997, will be met.
Employment Services Office and Classroom Space
Page 3
September 22, 1977
Cost will be $6,951.04 per month for office and classroom space; plus
$1,000 per month for parking. Funds are available in Employment
Services Operating Expenditure - Rental Office Space & Parking Account
#001-054-5316-3075, which is fully funded by the State.
(~itv Council not authorize the execution of a Lease Agreement, as summarized
above and in form approved by the City Attorney.
Need of Employment Services for additional office and classroom space
is not met.
Timino to allow relocation of staff prior to October 1, 1997, will not be
met.
3. Cost is zero.
V. R~commendation is as follows:
City Council authorize the execution of a Lease Agreement, as summarized above and
in form approved by the City Attorney, in accordance with Alternative "A".
Respectfully submitted,
obert Herbert
Cit~ Manager
WRH/KBK/SEF/
Attachment
CC:
City Attorney
City Clerk
Director of Finance
Director of Human Development
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Supervisor, Employment Services Office
09/~7/97 WED ~6:50 F~ 804 747 2749
SIGNET ACQ DISP
~ oot
Street Addreas:
4340 Innslake Ddve
Glen Allen VA 23060
Fax 804-747-2749
VIA FACSIMILE & U. $. MAIL
SIGHT
September 17, 1997
City of Roanoke, Virginia
c/o Charles M. Anderson, Architect
Office of City Engineer
215 Church Avenue, $. W.
Room 350
Roanoke, VA 24011
RE:
Signet Bank Building
First & Church Streets
Roanoke, Virginia
Dear Mr. Anderson:
This letter will serve to confirm that Signet Bank will lease approximately 6,673 square feet on
the fomth floor of the subject location to the City of Roanoke based on the following:
Lease term:
Rate:
Tenant Improvement Allowance:
Five years
$12.50 per square foot
$8 per square foot
Enclosed please find the proposed Office Lease, marked with the comments we would like to
incorporate Into the agreement. Additionally, we will need to review and approve Exhibits A, B &
C prior to finalizing the agreement. Please fon~vard a revised lease along with the exhibits at
your eadiest convenience.
The terms outlined above and this agreement are contingent upon full execution of a mutually
acceptable lease agreement.
Sincerely,
Vice President
Enclosure
cc: Doug Sawyer.
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Ci~urch Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
File #5-236
SANDRA H. EAKIN
Deputy Ci[y Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33588-092297 accepting a certain Law Enforcement
Block Grant from the Commonwealth of Virginia's Bureau of Justice Assistance and
authorizing execution of any required documentation on behalf of the City. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Attachment
pc:
John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority,
2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
George C. Snead, Director of Public Safety
Major J. L. Viar, Acting Chief of Police
Mariam K. Stacy, Coordinator, Roanoke Neighborhood Partnership
Donald S. Caldwell, Commonwealth's Attorney
Frank E. Baratta, Grants Monitor/Specialist
Diane S. Akers, Budget Administrator, Office of Management and Budget
H :~_.,OU NCIL~SEI~I'. 22
IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of September, 1997.
No. 33588-092297.
A RESOLUTION accepting a certain Law Enforcement Block Grant from the
Commonwealth of Virginia's Bureau of Justice Assistance and authorizing execution of any required
documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the offer made to the City by the
Commonwealth of V'u'ginia's Bureau of Justice Assistance of a Law Enforcement Block Grant in the
amount of $127,013.00, with the City's providing $14,098.00 in local match, such grant being more
particularly described in the report of the City Manager, dated September 22, 1997, upon all the
terms, provisions and conditions relating to the receipt of such funds.
2. The City Manager or the Assistant 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 Commonwealth.
ATTEST:
City Clerk.
RECEIVED
CITY CLERKS OFFIC~
· 7 SEP10 P3:23
September 22, 1997
Council Report #97-415
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Subject: Local Law Enforcement Block Grant Program Participation
I. Background
A. The Omnibus Fiscal Year 1997 Appropriations Act, Public Law 104-
208, provides $523 million for the implementation of the Local Law Enforcement
Block Grant Program, to be administered by the Bureau of Justice Assistance
(BJA), U.S. Department of Justice. The purpose of the Local Law Enforcement
Block Grant Program is to provide local government with funds to underwrite
projects to reduce crime and improve public safety.
B. The Fiscal Year 1996 Grant administered through this same process
has provided crime prevention funding to the City, with guidance on use of those
funds provided by an Advisory Board of citizens and City officials.
C. The Roanoke City Police Department is requesting to apply for funds
under this block grant program to be used for the following agenda: (1) Paying
overtime to presently employed law enforcement officers and necessary support
personnel for the purpose of increasing the number of hours worked by such
personnel and (2) Procuring equipment, technology, and other material directly
related to basic law enforcement functions.
II. Current Situation
A. August 131 1997 - The Bureau of Justice Assistance notified the
Police Department that funds were still available under the Local Law
Enforcement Block Grant Program.
Mayor David A. Bowers
Members of City Council
Page 2
September 22, 1997
III.
B. The Bureau of Justice Assistance advised that the City of Roanoke is
eligible to apply to BJA for a direct award of $127,013 under this program. This
program award would require a matching fund amount of $14,098.
C. The Police Department is prepared to meet the requirements
mandated by the BJA Program and furnish the matching funds for monies
collected from Federal Asset Forfeiture Distributions Investigations and Rewards
Account #035-050-3304-2150.
D. The Citizen's Advisory Board developed for the FY 96 grant meets the
FY 97 grant expectations and would be utilized to assist in establishing priorites
for the allocation of these funds.
Issues
IV.
A. Enhanced Law Enforcement Support - Increased police visibility.
B. Equipment Needs
C. Cost.
Alternatives.
A. Concur in the Authorization to seek funding through Local Law
Enforcement Grant Program in the amount of $127,013. These funds would be
utilized during a twenty-four (24) month period commencing on the day of award.
1. Increased Law Enforcement Support Activities would be
established involving cooperation between citizens of the City of Roanoke
and the Police Department.
2. Equipment needs to support these efforts of the Police Department
would be met and improved.
3. The Entire Cost of these cooperative efforts would be funded by
the Local Law Enforcement Block Grant Program, with the $14,098 local
match funds available from the Federal Asset Forfeiture Account #035-
050-3304-2150.
Mayor David A. Bowers
Members of City Council
Page Three
September 22, 1997
B. City Council not authorize the application process for funding through
the Local Law Enforcement Block Grant Program.
1. Law Enforcement Support could not be enhanced without the
funding requested.
2. Equipment Needs for increased police visibility would not be met.
3. Cost. of basic law enforcement programs would remain the same
but the advantage of Federal Funding support for worthy projects would
not be realized.
V. Recommendation
A. City Council Concur in Alternative "A" and allow the application
process to request Federal Funding from the Local Law Enforcement Block
Grant Program in the amount of $127,013.
B. Authorize the City Manager to sign and execute all appropriate
documents to obtain funding for Law Enforcement Support Efforts through the
Local Law Enforcement Block Grant Program administered by the Bureau of
Justice Assistance (BJA).
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:JLV/wla
CC:
City Manager
Director of Finance
Director of Public Safety
Chief of Police
Roanoke Neighborhood Partnership
Executive Director, Roanoke Housing Authority
Commonwealth's Attorney
Office of Grants Compliance
Budget Administrator
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
File #226-467
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33589-092297 authorizing execution of a contract
with Total Action Against Poverty in Roanoke Valley for in-home family support services
designed to prevent truancy in the Roanoke City Schools. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Attachment
pc:
Theodore J. Edlich, III, Executive Director, Total Action Against Poverty in Roanoke
Valley, Post Office Box 2868, Roanoke, Virginia 24001
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director of Human Development
Corinne B. Gott, Superintendent, Social Services
Diane S. Akers, Budget Administrator, Office of Management and Budget
D. Darwin Roupe, Manager, Supply Management
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy Ramsuer, Clerk, Roanoke City School Board
H:~__,OU NCl L'~SEI;~T. 22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of September, 1997.
No. 33589-092297.
A RESOLUTION authorizing execution of a contract with Total
Action Against Poverty in Roanoke Valley for in-home family support
services designed to prevent truancy in the Roanoke City Schools.
BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized on behalf of the City to execute
and attest, respectively, a contract with Total Action Against
Poverty in Roanoke Valley ("TAP") for in-home family support
services designed to prevent truancy in the Roanoke City Schools.
Payment to TAP for these services shall not exceed $81,075.00. The
contract with TAP shall contain such terms and conditions as set
forth in the City Manager's report dated September 22, 1997, and
such other terms and conditions as the City Manager deems
appropriate. The form of said contract shall be approved by the
City Attorney.
ATTEST:
City Clerk.
H:xRES\R-TAP-TR 97
Roanoke, Virginia
September 22, 1997
#9%702
The Honorable Mayor and
Members of City Council
Roanoke, Virginia
Mayor and Members of Council:
SUBJECT:
RENEWAL OF CONTRACT WITH TOTAL ACTION AGAINST POVERTY IN
ROANOKE VALLEY FOR FAMILY PRESERVATION/FAMILY SUPPORT
PROGRAM PROPOSAL NUMBER 96-8-5.
I. BACKGROUND:
The Federal Government enacted the Family Preservation Act which allocates funds to State
Government to allow localities to develop programs to strengthen family life.
Department of Social Services in conjunction with the Roanoke Interageney Council
developed a Truancy Prevention Pro,am to provide in-home services to families whose
children have excessive absenteeism.
In August, 1996, Requests for Proposals were sent to vendors and Total Action Against
Poverty in Roanoke Valley was awarded the Contract for one year to expire September 30,
1997.
The advertisement for Request for Proposals in August. 1996. allowed for renewal of
Contract for two (2) additional one-year periods. The renewal option is not included in the
current Contract which expires 9-30-97.
II. CURRENT SITUATION:
Department of Social Services wants to renew the Contract with Total Action Against
Pove~_ in the Roanoke Valley_ for the Pro.am year October 1, 1997. through September
30, 1998.
III. ISSUES:
A. Continuity of services to eli~ble families with truanc_v problems.
B. Funding.
IV. ALTERNATIVES:
Authorize the City Manager to execute a contract for $81,075.00 in a form approved by the
City Attorney_ for family support services with Total Action Against Poverty_ in Roanoke
Valley to provide in-home services to prevent truancy in Roanoke City Schools.
The Honorable Mayor and
Members of City Council
Roanoke, Virginia
September 22, 1997
#97-702
Page Two
Continuity of services to eli_eible f~lmilies with truancy problems - Families whose
children have high absenteeism from school will receive motivational and remedial
services targeted to improve school attendance.
Funding - Funding is already appropriated in the FY 97/98 Social Services
Department budget.
Do not authorize the City Manager to execute contract with Total Action Against Poverty_ in
Roanoke Valley to provide in-home services to prevent truancy in Roanoke City Schools.
Continuity of services to eli~ble families with lnlancy problems will not be
possible.
Funding - Other use of the funds would have to be renegotiated with the State
Department of Social Services, resulting in a time lag for the 1997/98 school year.
RECOMMENDATION:
City Council concur in the implementation of Alternative A and authorize the City Manager
to execute a contract with Total Action Against Poverty in Roanoke Valley in a form
approved by the City Attorney, to provide in-home services to prevent truancy in Roanoke
City Schools.
Respectfully submitted,
W.'R-bbert Herbert
City Manager
Wilburn C. Dibling, City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director of Human Development
Corinne B. Gott, Superintendent of Social Services
Diane S. Akers, Budget Administrator
D. Darwin Roupe, Manager, Supply Management
Mary F. Parker, City Clerk
TRUANCY PREVENTION PROJECT: IN-HOME SERVICE TEAM
This Contract is made this day, October 1, 1997, by and between City of Roanoke Virginia, (the "Agency"),
and Total Action Against Poverty in Roanoke Valley, (the "Contractor").
In order to continue the Agency's Department of Social Services' Truancy Prevention Project through in-
Home Services Team, the parties to this Contract agree as follows:
(1)
SCOPE OF SERVICE: The Contractor shall provide the services to the Agency as indicated in the
attached Program Description, Program Model, Program Goals, and Position Descriptions. The
Agency reserves the right to require changes to the procedures and policies agreed to herein based on
changes in Truancy Prevention Project: In-Home Services Team policies at the State level and
adjustments to the Annual Plan provided to the State.
(2)
TIME OF PERFORMANCE: The services of the contractor shall commence October 1, 1997, and
terminate on September 30, 1998. All time limits stated in this contract are of the essence. All
parties shall have the option to renew for one additional year, (October 1, 1998 through September
30, 1999).
(3)
COMPENSATION: The Contractor shall be paid by the Agency a monthly payment of $6,756.25
(Six Thousand, Seven Hundred, Fifty-Six Dollars and Twenty-Five Cents), provided services are
provided to the satisfaction of the Agency.
Total obligation of the Agency in aH forms of compensation shaH not exceed $81,075.00,
(Eighty-One Thousand and Seventy-Five Dollars). It is anticipated that a minimum of 30 families
will be served from 10/1/97 through 9/30/98.
Contractor will submit invoices to Agency's Department of Social Services ("DSS") Truancy
Prevention Project office within five (5) working days following the last day of each month in which
services are provided.
Contractor will provide monthly reports to DSS's Truancy Prevention Project unit identififing
individuals served, by name with a summary of services provided, as well as a log sheet of time
spent with the client. If these reports are not provided, no payment shall be made to contractor.
(4)
CONDITIONS OF PAYMENT: All services provided by Contractor pursuant to this contract shaH
be performed to the satisfaction of the Agency. Satisfaction is defined as meeting all policies,
procedures, time frames and requirements listed in the attached Truancy Prevention Project: In-
House Services Team Program Description, Program Model, Program Goals and Program Position
Descriptions and in accord with all applicable Federal, State, and local laws, ordinances, rules and
regulations. Contractor shall not receive payment for work found by the Agency to be
unsatisfactory, or performed in violation of Federal, State or local laws ordinances, rules or
regulations.
(5)
INDEMNITY: Contractor agrees and binds itself and is successors and assigns to indenmify, keep
and hold the Agency and its officers, employees, agents, volunteers and representatives free and
harmless from any liability on account of any injury or damage of any type to any person or property
growing out of or directly or indirectly resulting from the performance by the contractor of its work
pursuant to this contract or the failure, refusal or neglect of Contractor to perform any duty imposed
upon or assumed by Contractor by or under this contract. In the event that any suit or proceeding
shall be brought against the Agency or any of its officers, employees, agents, volunteers or
Page Two
representatives at law or in equity, either independently or jointly with Contractor on account
thereof, Contractor, upon notice given to it by the Agency or any of its officers, employees, agents,
volunteers or representatives, will pay all costs of defending the Agency or any of its officers,
employees, agents, volunteers or representatives in any such action or other proceeding. In the event
of any settlement or any fmal judgement being awarded against the Agency or any of its officers,
employees, agents, volunteers or representatives, either independently or jointly with contractor,
then Contractor will pay such settlement or judgement in full or will comply with such decree, pay
all costs and expenses of whatsoever nature and hold the Agency or any of its officers, employees,
agents, volunteers or representatives harmless therefrom.
(6)
INSURANCE PROVISIONS: Contractor shall, at its sole expense, obtain and maintain during the
life of this Contract the insurance policies and bonds required by this Section. Any required
insurance policies and bonds shall be effective prior to the beginning of any work or other
performance by contractor under this Contract. The following policies and coverages are required:
(a)
Commercial General Liability_: Commercial G~eral Liability insurance shall insure against
all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to
persons or property arising out of the contractor's performance under this Contract. The
minimum limits of liability for this coverage shall be $1,000,000 combined single limit for
any one occurrence.
Contractual Liability: Broad form Contractual Liabihty insurance shall include the
indemnification obligation set forth in Section 5 of this Contract.
Worker's Com_~'nsation: Worker's Compensation insurance covering Contractor's
statutory obligation under the laws of the Commonwealth of Virginia and Employer's
Liability insurance shall be maintained for all its employees engaged in work under this
Contract. Minimum limits of liability for Employer's Liability shall be $100,000 bodily
injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and
$100,000 bodily injury by disease (each employee). With respect to Workers'
Compensation coverage, the Contractor's insurance company shall waive rights of
subrogation against the Agency, its officers, employees, agents, volunteers and
representatives.
(d)
Automobile Liability_: The minimum limit of liability for Automobile Liability Insurance
shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles used
in the performance of any work under this Contract.
(e)
Umbrella Coverage: The insurance coverages and amounts set forth in subsections (a), (b),
(c) and (d) of this Section may be met by an umbrella liability policy following the form of
the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella
liability insurance coverage policy be used, such coverage shall be accompanied by a
certificate of endorsement stating that it applies to the specific policy numbers indicated for
the insurance providing the coverages required by subsections (a), (b), (c), and (d), and it is
further agreed that such statement shah be made a part of the certificate of insurance
furnished by Contractor to the Agency.
Page Three
(7)
(8)
(9)
(10)
(f)
Evidence of Insurance: All insurance shall meet thc following requirements:
(1)
Contractor shall furnish the Agency a certificate or certificates of insurance
showing the types, mount, effective dates and date of expiration of the policies.
Certificates of insurance shall include any insurance deductibles.
(2)
The required certificate or certificates of insurance shall include substantially the
following statement: "The insurance covered by this certificate shall not be
canceled or materially altered, except after thirty (30) days written notice has been
received by the Risk Management Officer for the City of Roanoke."
O)
The required certificate or certificates of insurance shall name thc City of Roanoke,
its officers, employees, agents, volunteers and representatives as additional
insureds.
(4)
Where waiver of subrogation is required with respect to any policy of insurance
required under this Section, such waiver shall be specified on the certificate of
(5)
Insurance coverage shall be in a form and with an insurance company approved by
the City which approval shall not be unreasonably withheld. Any insurance
company providing coverage under thi.q Contract shall be authorized to do business
in the Commonwealth of Virginia.
INDEPENDENT CONTRACTOR: Neither the contractor, its officers, employees, assignees or
subcontractors shall be deemed employees of the Agency while performing under this contract.
GENERAL PROVISIONS: Nothing in this contract shall be construed as authority for either party
to make commitments which will bind the other party beyond the Scope of Service contained herein.
Furthermore, the contractor shall not assign, sublet, or subcontract any work related to this contract
or any interest it may have herein without the prior written consent of the Agency.
INTEGRATION AND MODIFICATION: This Contract constitutes the entire agreement between
the Contractor and the Agency. Any alterations, amendments or modifications in the provisions of
this contract shall be in writing, signed by the parties.
TERMINATION: The Agency may terminate this contract upon thirty (30) days written notice sent
by certified mail to the contractor. Upon such termination, the contractor shah be paid only for
those additional fees and expenses recurred between notification of termination and the effective
date of termination that are necessary for curtailment of its work under this contract.
In the event of breach by the Contractor of this Contract, the Agency shall have the right
immediately, to rescind, revoke or mate the contract. Notice of such rescission, revocation or
termination shall be sent by certified mail and should be effective upon mailing.
In the alternative, the Agency may give written notice by certified mail to the Contractor specifying
the manner in which the Contract has been breached. If a notice of breach is given and the
contractor has not corrected the breach within ten (10) days of receipt of the written notice, the
Agency shall have the fight to terminate this Contract. In the event of rescission, revocation or
Pa§e Four
termination of this Contract resulting from an event of breach, the Contractor shall be paid pro-rated
monthly payments only for services rendered through the effective date of the rescission, revocation
or tm~fination.
In the event of rescission, revocation or termination, all documents and other materials and
equipment related to the performance of this contract shall become the property of the Agency and
will be returned to the Agency within three business days.
(11)
NON-DISCRIMINATION: In its performance of this contract, the Contractor warrants that it will
not discriminate against any employee, class participant or other person, on account of race, color,
sex, religious creed, ancest[y, age, or nation origin.
(12)
APPLICABLE LAWS: This Contract shall be governed in all respects, whether as to validity,
construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia.
(13)
SEVERABILITY: Each paragraph and provision of this Contract is severable from the entire
Contract; and if any provision is declared invalid, the remaining provisions shall nevertheless remain
in effect.
(14)
FINANCIAL RECORDS AVAILABILITY: The Contractor agrees to retain all books, records, and
other documents relative to this contract for five (5) years aRer final payment, or until audited by the
Agency, whichever is later. The Agency, its authorized agents, and/or State auditors shall have full
access to and the right to examine any of said materials during said period.
(15)
AVAIl.ABILITY OF FUNDS: R is understood and agreed between the parties herein that the
Agency shall be bound hereunder only to the extent of the funds available or which may hereafter
become available for the purpose of this contract.
IN WITNESS THEREOF the parties have caused this contract to be executed by the following duly
authorized officials:
CITY OF ROANOKE, VIRGINIA
TOTAL ACTION AGAINST POVERTY IN
ROANOKE VALLEY
Title: Title:
Page Five
Certified as to Funds:
Director of Finance
Account Number: 001-054-5314-3160 (Purchased Services)
Approved as to Form:
Assistant City Attorney
Approved as to Execution:
Assistant City Attorney
TRUANCY PREVENTION PROJECT - IN-HOME SERVICES TEAM
Program Description
A grant funded program designed to provide short term, in-home services to designated families
referred by the Truancy Prevention Project.
The In-Home Service Team will consist of one case manager and two case aides.
Referrals for services will originate from either Roanoke City Schools, Roanoke City Department
of Social Services, Roanoke City Juvenile and Domestic Relations District Court or Total Action
Against Poverty.
All referred cases must meet the following minimum criteria:
(1) Student has missed a minimum of 8 days of school, unexcused.
(2) a.
b.
Student, age 4-16, is in danger of abuse/neglect and/or out-of-home placement; or
Student, age 4-16, is experiencing severe problems in the educational setting as a
result of situations beyond the control of the school, and is at risk of being
removed from the school.
(3)
Parent or responsible adult with whom the child is living must be willing to participate in
intensive in-home services, with the goal of keeping the child in the home and in school.
Program Model
The short term model of in-home services focuses on preventing either (1) abuse/neglect and/or
out of home placement of a child; or (2) preventing the removal of a student from the school.
The program is based on crisis theory and utilizes the family's high level of motivation during a
crisis as an opportunity to teach new skills. The model contains the following characteristics:
The duration of services is limited and generally ranges from one to six months
Services are intensive and range from 7-10 hours per week in the home with the family
The team is available to the family around the clock
The team works flexible hours
The goal of the service is to return the family to a level of functioning and stability that
allows the child to remain in the home and in school
A combination of counseling, parenting skill education, case management and concrete
services are provided to meet the needs of the family
Administrative and program supervision is provided by the Truancy Prevention Project
staff
Program Goals
The primary goal of in-home services is to return the family to a level of stability and functioning
that allows the child to remain in the home and in school. As a short term crisis intervention
program, the In-Home Service Team does not expect to solve all of the family's problems.
Rather, the In-Home Service Team works toward stabilizing families and leaving them with
additional skills that they can use to function more effectively in the future. Families are linked
with other agencies for ongoing assistance.
A second goal of the In-Home Service Team is to improve school attendance of the identified
child, and of his or her siblings. The In-Home Service Team will work closely with the Truancy
Prevention Project stall'to decrease any barriers that prevent the child from regularly attending
school. In addition, project staff will strive to make the school setting more inviting and
supportive for the family.
From a program perspective, the last goal is for the In-Home Service Team to serve a minimum
of thirty families in the 1997-1998 school year (including summer).
TRUANCY PREVENTION PROJECT ~
IN-HOME SERVICE TEAM
POSITION TITLE: CASE MANAGER
Job Responsibilities: Basic Function:
The case manager is the primary service provider for cases referred by the Truancy Prevention
Project. The Case manager has responsibility for the coordination of counseling, crisis
intervention, parenting skill education, case management and concrete services. The case
manager coordinates the activities and assignments of the two case aides. The main objective is
to prevent the child's removal from either the home or the school.
Duties and Responsibilities:
Interview and obtain data from clients referred by the Truancy Prevention Project. Assist
the family in identifying family problems and strengths. Prepare service plan with the
family the ensure that the primary problems are addressed with the family's cooperation
and understanding.
(2)
Primary provider for individual and family counseling, crisis intervention, parenting skill
education, case management and delivery of concrete services.
(3)
Link families to services in the community by providing information, referrals, contacts by
phone or in person.
(4) Work with families in their homes, at times convenient to the family.
(5)
Provide crisis intervention services to clients and their families, both by phone and face to
face, 24 hours a day.
(6)
Contacts to Truancy Prevention Project staffand other service providers in order to report
progress, clarify information and coordinate care for clients, using knowledge of service
programs, program policy and procedure, skill in written and oral communications,
problem solving and interpersonal relationships.
(7) Coordinate the assignments and activities of the two case aides.
(8) Maintain appropriate records.
(9) Perform other duties as assigned consistent with program policies and procedures.
Knowledee. Skills and Abilities:
Performs responsible professional work leading and providing support and assistance to Truancy
Prevention Project clients with personal, social, health, economic, family and education needs; .
does related work as required. Provides direction to subordinate support personnel. General
knowledge of social, economic, health and educational problems; general knowledge of social
institutions and the methods of the helping process; thorough knowledge of interviewing,
assessment and individual and family counseling techniques. General knowledge of individual and
group behavior, ability to identify social problems and needs and to assess the ability of individuals
and families to utilize services in problem solving. Ability to understand and interpret laws,
policies and regUlations; ability to establish effective working relationships with clients, co-
workers, other professional and technical staff, social agencies and the general public; ability to
prepare reports and maintain records; ability to communicate effectively orally and in writing.
Education and Experience:
Any combination of education and experience equivalent to graduation from an accredited college
or university with major work in sociology or related field and considerable experience in social
work. Master's degree in Social Work preferred.
Special Proiects:
Possession of a valid appropriate driver's permit issued by the Commonwealth of Virginia.
TRUANCY PREVENTION PROJECT
IN-HOME SERVICE TEAM
POSITION TITLE: CASE AIDE
Job Responsibilities: Basic Function
The Case Aide is the person who provides direct service to the child and family referred by the
Truancy Prevention Project. The main objective is to help the child and family address and
improve their patterns of behavior in order to enable them to live as a healthy, functioning family
unit.
Duties
1.
o
4
5.
and Responsibilities:
Establi.qh a relationship of trust and friendship, through:
being caring and honest; showing primary concern to the parent; listening and offering
encouragement and support; reaching out to the parent; spending at least four hours per
week with the client initially and maintaining telephone contact.
Help the parent become involved in activities designed to reduce isolation and to establish
support systems, through:
helping the parent locate and use appropriate community resources; encouraging the
parent to become involved in local social, recreational and educational activities;
encouraging the parent to participate in different supportive activities, such as Parents
Anonymous.
Encourage school and medical appointments by providing transportation and/or
accompanying the parent to and l~om appointments.
Engage in enjoyable activities with the parents, such as shopping and picnicking.
Provide guidance in household tasks, such as meal planning, budgeting, helping with child
care needs.
Help the parent become aware of child development.
Help the parent learn how to provide nurturance to his/her child.
Help the parent to learn appropriate and consistent child management techniques, through:
modeling and offering suggestions: encouraging the parent to become involved in parent
education courses or groups.
Complete the ~ training program, participate in ongoing training and supervision and
in the evaluative process.
Maintain records of client contacts.
10.
11.
1. Education:
Completion of high school or equivalent.
science is desirable.
Maintain confidentiality requirements of the agency.
Graduation from a comm, mity college in social
Training:
Must complete agency's training program
Experience:
Should have significant experience in the child care field; must demonstrate a capacity to
work with people and have the basic qualities of warmth, maturity, and concern for
people.
Health:
Must be in good physical condition.
Other Characteristics:
Should be warm, caring and flexible; should be emotionally mature, stable and self-
directed. Should not be fearful of authority figures or have a need to assert themselves in
a critical, judgmental or authoritarian manner. Should be willing to commit themselves to
the program and be able to spend the requisite time with the client. Should be flexible
enough to adapt to new and aifficult situations and be able to assist others toward this
end.
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
File ~t60-72-236
SANDRA H. EAKIN
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33590-092297 amending and reordaining certain
sections of the 1997-98 General Fund Appropriations, to provide funds in the amount of
$10,672.00 to the Food Stamp Error Reduction Cost Center in connection with
acceptance of state grant monies for food stamp error reduction activities. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Attachment
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Glenn D. Radcliffe, Director of Human Development
Corinne B. Gott, Superintendent of Social Services
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~,OU NClL~,~EF~l'.22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of September, 1997.
No. 33590-092297.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 General Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
A~3DroDriations
Health and Welfare $ 23,070,919
Income Maintenance (1) .................................. 4,172,206
Revenue
Grants-in-Aid Commonwealth $ 38,088,771
Food Stamp Error Reduction (2) ........................... 10,672
1) Food Stamp Error
Reduction (001-O54-5313-2023) $10,672
2) Food Stamp Error
Reduction (001-020-1234-0682) 10,672
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
September 22, 1997
//97-703
The Honorable David A. Bowers, Mayor and
Members of City Council
Roanoke, Virginia
Mayor and Members of Council:
RECEIVED
CITY CLERKS OFFICE
SEP 15 / 11:02
SUBJECT:
APPROPRIATE FUNDS FOR FOOD STAMP ERROR REDUCTION
GRANT
II.
BACKGROUND
Virginia has been under Federal court order since June, 1991 to complete at least
97% of food stamp applications within thirty days of application date as a result
of Robertson vs. Jackson. Roberston vs. Jackson is a class action lawsuit filed by
a group of Virginia food stamp applicants because applications were not being
processed in a timely manner.
For Federal FY 1996, Virginia had the highest food stamp error rate in the nation.
Virginia's error rate has steadily risen over the last five years to its current level
of 13.95% while the national error rate has steadily declined to its current level of
9.22%. Virginia is liable for sanctions totaling $14 million. For this same time
period, Roanoke City's internal error rate was 11.53% which caused a 1.8%
contribution to the state's error rate.
Roanoke City Department of Social Services has been in a Special Corrective
Action program since October, 1995 as a result of the locality's error rate.
Virginia implemented this program for those agencies with the largest
contribution to the state's error rate. It requires second party case reviews,
monthly summaries of findings by supervisory unit, quarterly summaries by
agency, as well as other quality control efforts.
CURRENT SITUATION
Roanoke City will not be required to participate in the Special Corrective Action
program for federal FY 1998 since it's contribution to the state's error rate has
now dropped to 0.72%, below the 1.75% threshold for Special Corrective Action.
Roanoke City has been allocated a state grant of $10,672 to assist with further
food stamp error reduction activities.
The grant money is being allocated to hire a part-time temporary_ aide to support
eligibility staff.
The Honorable David A. Bowers, Mayor and
Members of City Council
Roanoke, Virginia
September 22, 1997
#97-703
Page Two
III.
IV.
D. The grant is composed of state general funds and no local match is required.
ISSUES
A. Services to Citizens.
B. Legal.
C. Funding.
ALTERNATIVES
A. Appropriate $10,672 tO Food Stamp Error Reduction Cost Center 001-054-5313-
2023 to accept state grant monies for food stamp error reduction activities.
Increase the general fund revenue estimates by $10,672 in Food Stamp Error
Reduction Account No. 001-020-1234-0682.
1. Services tO Citizens
a: Food stamp recipients will benefit from faster, more accurate
processing of applications.
b. Fraud prevention and error reduction will be enhanced due to more
thorough screening of income and resources prior to eligibility
determination.
2. Legal
a~
Virginia remains under Federal court order to complete at least
97% of food stamp applications within thirty days of application.
Funding
a~
No cost to locality to accept Food Stamp Error Reduction Grant.
100% of funding will be provided by state general funds.
D0 not appropriate $10.672 to Food Stamp Error Reduction Cost Center 001-054-
5313-2023 to accept state grant monies for food stamp error reduction activities.
Do not increase the general fund revenue estimates by $10,672 in Food Stamp
Error Reduction Account No. 001-020-1234-0682
The Honorable David A. Bowers, Mayor and
Members of City Council
Roanoke, Virginia
September 22, 1997
#97-703
Page Three
Services to Citizens
a:
Legal
Food stamp recipients may not receive accurate benefits in a
timely manner.
a:
3. Funding
Virginia DePartment of Social Services can impose financial
penalties on localities if errors in payment exceed the allowable
limit set by Federal policy.
a: $10,672 would have to be returned to the state general fund.
RECOMMENDATION:
Accept Alternative A and appropriate $10.672 to Food Stamp Error Reduction Cost
Center 001-054-5313-2023 to accept state grant monies for food stamp error reduction
activities. Increase the general fund revenue estimates by $10,672 in Food Stamp Error
Reduction Account No. 001-020-1234-0682.
Respectfully submitted,
W. Robert Herbert
City Manager
CCi
Wilburn C. Dibling, City Attorney
James D. C_.n'isso, Director of Finance
Mary F. Parker, City Clerk
Glenn D. Radcliffe, Director of Human Development
Corinne B. Gott, Superintendent of Social Services
Diane S. Akers, Budget Administrator
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
File #72-236
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33591-092297 authorizing execution of a contract
with Total Action Against Poverty in Roanoke Valley to provide Group Job Search, a
component of Virginia Initiative for Employment Not Welfare. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, September 2-2, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:is
Attachment
pc;
Theodore J. Edlich, III, Executive Director, Total Action Against Poverty in Roanoke
Valley, Post Office Box 2868, Roanoke, Virginia 24001
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director of Human Development
Corinne B. Gott, Superintendent of Social Services
Diane S. Akers, Budget Administrator, Office of Management and Budget
D. Darwin Roupe, Manager, Supply Management
H:~.,OUNCIL~SEPT. 22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of September, 1997.
No. 33591-092297.
A RESOLUTION authorizing execution of a contract with Total
Action Against Poverty in Roanoke Valley to provide Group Job
Search, a component of Virginia Initiative for Employment Not
Welfare.
BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized on behalf of the City to execute
and attest, respectively, a contract with Total Action Against
Poverty in Roanoke Valley ("TAP") to provide one component of
Virginia Initiative for Employment Not Welfare, Group Job Search,
which offers two weeks of classroom training to build self-esteem,
motivation and specific job seeking skills. Payment to TAP for
these services shall not exceed $53,514.00, for the period October
1, 1997 through May 31, 1998. The contract with TAP shall provide
for a unilateral right of the City to renew the contract for four
additional one-year terms, pursuant to such terms and conditions as
set forth in the City Manager's report dated September 22, 1997.
The form of said contract shall be approved by the City Attorney.
ATTEST:
City Clerk.
II RES R-TAP JOB
RECEIVED
CITY CLERI~,S ~o~a~e, Virginia
September 22, 1997
'97 SEP 15
The Honorable David A. Bowers, Mayor, and
Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT: PROPOSAL FOR EMPLOYMENT SERVICES PROGRAM, PROPOSAL NO. 97-6-24
I. BACKGROUND:
II.
Effective October 1, 1997, Roanoke City will initiote the Vir~nia Initiative for Employment
Not Welfare (VIEW), the JOBS Program in the Commonwealth of Virginia established by
House Bill 2001.
Roanoke City ha~q oper-_t~ a successful empl _oyment pro_eram for welfare recipients since
enactment of the Federal Jobs Bill in 1988 to help dependent families achieve self-
sufficiency.
Roanoke City Department of Social Services wishes tO continue to contract one component
of the VIEW Initiative called Group Job Search, which offers two weeks of classroom
training to build self-esteem, motivation, and specific job seeking skills. Anticipated
participants 700 + for the contract period.
Specifications were developed and Request for Proposals #97-6-24 was sent specifically to
twenty-five {25) vendors known to be able to provide similar services. A public
advertisement was also published in the Roanoke Times and Roanoke Tribune.
Proposals were received and publicly opened at 2:00 p.m. on July 10, 1997, in the office of
the Manager of Supply Management.
CURRENT SITUATION:
Six (6) proposal responses were received. A proposal tabulation is attached. (Attachment
A).
Proposal evaluations were conducted in a consistent manner by representatives of the
following departments: Human Development, Social Services, Supply Management.
Co
Three (3) agencies who submitted pro_oo.qal.q within the pro~am resources were interviewed
and evaluated per Request for Proposal guidelines. Negotiations were conducted with the
most qualified firm, Total Action Against Poverty in Roanoke Valley.
The Honorable David A. Bowers, Mayor, and
Members of City Council
Roanoke, Virginia
September 22, 1997
#97-704
Page Two
III. ISSUES:
A. Quality of Services.
B. Required standards of performance.
C. Cost.
IV. ALTERNATIVES:
Authorize the City Manager to execote a contract m a form at>proved by the City_ Attorney
for Group Job Search with Total Action Again.qt Poverty_ in Roanoke Valley in the amount
of $53.514 for the period October 1, 1997 through May 31, 1998, and the unilateral right of
the City to renew the agreement for four additional one-year terms for which compensation
to Total Action Against Poverty in Roanoke Valley shall not increase more than the
percentage increase in CPI for service for the previous term or 5 percent, whichever is less,
to provide necessary training for participants to ensure self-sufficiency
Quality of Services for job training and job seeking skills will continue to be
provided to eligible citizens.
Required standards of performance will continue to meet the Federal requirements
of participation.
Costs will be contained within the designated budget amount. Funds are available
in the Employment Services budget in the General Fund (Account No. 001-054-
5316).
Do not authorize the City Manager to execute a contract with Total Action Against Pove~_
in Roannke Valley_ for Group Job Search in the amount of $53.514 to provide necessary
training for participants to ensure self-sufficiency.
Quality_ of Services to equip citizens with skills necessary to enter job market would
not be met by this alternative.
Required standards of performance - City of Roanoke could be sanctioned for
failure to meet standards of performance.
3. Cost would not be a factor in this alternative.
The Honorable David A. Bowers, Mayor, and
Members of City Council
Roanoke, Virginia
September 22, 1997
#97-704
Page Three
RECOMMENDATION:
Ao
A,thorize the City M~nager to execute a contract in a form ap_proved by the City Attorney
for Group Job Search with total Action Again.~t Poverty in Ro~moke V0Jley in the amount of
$53,514 to provide necessary training for participants to ensure self-sufficiency.
B. Reject other bids received.
Respectfully submitted,
W. Robert Herbert
City Manager
Wilburn C. Dibling, City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director of Human Development
Corinne B. Gott, Superintendent of Social Services
Diane S. Akers, Budget Administrator
D. Darwin Roupe, Manager, Supply Management
Mary F. Parker, City Clerk
ATTACHMENT A
PROPOSAL TABULATION
FOR
EMPLOYMENT SERVICES PROGRAM
NO. 97-6-24
Group Job Search proposal were received and publicly opened at 2:00 p.m. on July 10, 1997.
Total Rehabilitative Fifth District
Action Services & Employment & Educational
Against Vocational ARC of Training & Assessment
Poverty** Placement. Inc. Roanoke, Inc. Consortium Systems
$80,271' $99,900* $115,740' $143,035' $157,716'
Committee:
GlennD. Radcliffe ~' t Cod~e~t
D. Darwin Roupe
$223,335*
* Annualized cost for comparative analysis
** Indicates recommendation
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
File #72
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33592-092297 authorizing the acceptance of a bid
and execution of a contract with Assured Issuance Incorporated for the provision of Food
Stamp Issuance Service, for the period November 1, 1997, through October 31, 1998. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:is
Attachment
pc:
Assured Issuance Incorporated, 3820 So. Dixie Highway, Lima, Ohio 45806-1848
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director of Human Development
Corinne B. Gott, Superintendent of Social Services
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~COUNCIL~SEPT.22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of September, 1997.
No. 33592-092297.
A RESOLUTION authorizing the acceptance of a bid and execution
of a contract with Assured Issuance Incorporated, for the provision
of Food Stamp Issuance Service.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The bid of Assured Issuance Incorporated, being the
lowest responsible bid received for the provision of Food Stamp
Issuance Service, such service being more particularly described in
the September 22, 1997 report of the City Manager to this Council,
is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized, for and on behalf of the City, to
execute and attest, respectively, a contract with Assured Issuance
Incorporated, for the services listed above for the period November
1, 1997 through October 31, 1998, at a per transaction cost of
$.425 (an approximate monthly amount of $2,763.00), with the option
to renew upon the same terms and conditions for two additional one-
year periods, upon such terms and conditions as are more fully set
out in the report to this Council dated September 22, 1997.
3. The form of the contract with such bidder shall be
approved by the City Attorney.
ATTEST:
City Clerk.
}1 ' RE S~ R-FOODST I
Roanoke, Virginia
September 22, 1997
#97-705
The Honorable David A. Bowers, Mayor, and
Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
RECEIVED
CITY CLERKS OFFICE
'97 17 P3:l?
SUBJECT: FOOD STAMP ISSUANCE CONTRACT, PROPOSAL NO. 97-7-46
I. BACKGROUND
II.
Since November, 1987, the City 0fRoanoke, Department of Social Services, has
contracted for the issuance of' food stamps to an organization specifically
designed to provide that type of service.
Bo
The existing contract, which is administered by Cost Containment. Inc.. is
scheduled tO expire on October 31, 1997.
Specifications were developed and sent to firms which provide this type of
service in Virginia. A public advertisement was also published in The Roanoke
Times and The Roanoke Tribune.
CURRENT SITUATION
Proposals were received by Cost Containment, Inc. and Assured Issuance
Incorporated. These proposals were publicly opened in the Office of Supply
Management at 2:00 p.m. on Friday, August 15, 1997.
The proposals were evaluated, in a consistent manner, by representatives of
Social Services and Supply Management Departments.
Assured Issuance Incorporated provided the lowest responsible proposal, which
meets all required specifications for a cost of $.425 per transaction, an
approximate monthly amount of $2,763.00 plus postage.
Cost per transaction, $.425, as proposed by Assured Issuance Incom_ orated, is
lower than the $.55 cost per transaction currently being charged for this service.
The COst of food stamp issuance is reimbursed 80% by Federal and State funds,
with a local match of 20%.
The Honorable David A. Bowers, Mayor, and
Members of City Council
Roanoke, Virginia
September 22, 1997
#97-705
Page Two
m. ISSUES
A. A¢countability.
B. Specifications.
C. Funding.
D. Timing.
IV. ALTERNATIVES
Bo
City Council authorize the execution of a contract with Assured Issuance
Incorporated, to provide for the issuance of food stamps for the period November
1, 1997 through October 31, 1998, with the option to renew for two (2) additional
one (1) year periods.
1. Accountability is insured by Assured Issuance Incorporated for the
requisition, inventory, control, and distribution of food stamps..
2. Specifications are met by the proposal submitted by Assured Issuance
Incorporated.
3. Funding is available in Social Services Account No. 001-054-5313-2010
to provide for the service.
4. Timing of the approval and acceptance of this proposal will allow for the
continuation of food stamp issuance without interruption.
DO not accept the proposal submitted by Assured Issuance Incorporated.
1. Accountability would not be met by this alternative.
2. Specifications would not be o factor with this alternative.
3. Funding designated for this project would not be expended at this time
with this alternative.
The Honorable David A. Bowers, Mayor, and
Members of City Council
Roanoke, Virginia
September 22, 1997
#97-705
Page Three
Vo
Timing with this alternative would temporarily interrupt service to
approximately 6,500 households.
RECOMMENDATION:
City_ Council concur with Alternative A tO authoriz? the execution of a contract
with Assured Issuance Incom_ orate& in a form approved by the City Attorney, to
provide for the issuance of food stamps for the period of November 1, 1997
through October 31, 1998, with the option to renew for two (2) additional one (1)
year periods.
B. Reject other proposal.
Respectfully submitted,
obert Herbert
Cit~Manager
CC:
Wilburn C. Dibling, City Attorney
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
Glenn D. Radcliffe, Director of Human Development
Corinne B. Gott, Superintendent of Social Services
Diane S. Akers, Budget Administrator
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
File #72-226
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33593-092297 authorizing you to enter into a
contract with Total Action Against Poverty in the Roanoke Valley (TAP), to provide certain
program services for the City, upon certain terms and conditions. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:is
Attachment
pc:
Theodore J. Edlich, III, Executive Director, Total Action Against Poverty in Roanoke
Valley, Post Office Box 2868, Roanoke, Virginia 24001
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director of Human Development
Corinne B. Gott, Superintendent of Social Services
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~COUNClL~SEPT. 22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of September, 1997.
No. 33593-092297.
A RESOLUTION authorizing the City Manager to enter into a
contract with Total Action Against Poverty in the Roanoke Valley
(TAP), to provide certain program services for the City, upon
certain terms and conditions.
BE IT RESOLVED by the Council for the City of Roanoke that the
City Manager or his designee, and the City Clerk, are hereby
authorized to execute and attest, respectively, on behalf of the
City, in form approved by the City Attorney, a contract with Total
Action Against Poverty in Roanoke Valley (TAP), subject to program
funding, in order to provide certain program services for the City,
as more particularly set forth in the report and attachments to
this Council dated September 22, 1997.
ATTEST:
City Clerk.
RES,R-TAP 3A
RECEIVED
Council Report #9SCIg~LERKS OFFICE
September 22, 1997
'97 SEP 15 / 11:01
The Honorable Mayor David A. Bowers and
Members of City Council
Roanoke, VA
SUBJECT: Contract for Services with Total Action
Against Poverty, Inc.
Dear Mayor Bowers and Members of Council:
II.
Backqround on the subject in chronological order is as
follows:
ao
Total Action Aqainst Poverty (TAP) has been receiving
funding from the City of Roanoke since 1974.
Until Fiscal Year 1986-87, funding for the agency
was included in the annual recommendation to
Council by the Citizens Services Committee.
o
In 1987, TAP was removed from the Citizens
Services Committee category and began submitting
its budgets directly to the City Manager, for
recommendation to City Council
o
Durinq Fiscal Year 1995-96, City Council approved the
reformatting of the Citizens Services Committee into
two committees, to review funding requests from
cultural and human service agencies.
Current situation is as follows:
ao
The Director of Human Development and TAP met to
develop proposed program services to be provided by TAp
on behalf of the city.
B o
Proqram Services to be provided by TAP include the
following categories:
Food and Nutrition
Community Development
Education and Employment
Transitional Living Center
Offender Services
Women's Resource Center
These services, with the exception of the Women's
Resource Center, have been previously provided by TAP
through an appropriation from the city of Roanoke.
The Honorable Mayor and
Members of City Council
Page 2
October 6, 1997
Co
Do
The Director of Human Development and TAP developed
performance measures for the goals and objectives of
the proposed services included in the contract. This
information is included as Attachment A to the report.
Performance measures will be evaluated to assure the
delivery of services to Roanoke City citizens on a
monthly, quarterly, or annual basis depending on the
particular activity.
E o
TAP provides direct services for the city of Roanoke.
The proposed contract with TAP will provide for a
definitive level of specified, measurable services.
Further, it will provide for performance measures and
monitoring for contract compliance. This budgeted item
is now included in the Human Development support
category in the Fiscal Year 1997-98 recommended budget.
Fo
TAP shall indemnify and hold harmless the city against
any costs that may arise out of or result from TAP's
providing the services under this agreement.
III. ISSUES, in order of importance are as follows:
no
Services to be provided by TAP to Roanoke City Citizens
Fundinq
C. Timinq
IV. Alternatives in order of feasibility are as follows:
ao
City Council authorize the City Manaqer or his desiqnee
to contract with TAP to provide the services as
described in the contract and Attachment A, subject to
the availability of funding in the City's Fiscal Year
1997-98 operating budget.
Services to be provided by TAP to Roanoke City
Citizens have been reviewed to ensure that
duplication of programs provided by city
departments does not occur.
o
Funding for the agency, in the amount of $213,285
has been included in the Fiscal Year 1997-98
recommended budget (general fund account numbers
001-054-5240-3700 and 001-054-5230-3715).
The Honorable Mayor and
Members of City Council
Page 3
October 6, 1997
o
Timinq is important, so that services may
continue.
o
City Council not authorize the City M~naqer or his
desiqnee to contract with TAP to provide the services
as described in the contract and Attachment A.
Services to Roanoke City citizens would need to be
provided by either the City of Roanoke or other
agencies.
o
Fundinq for the services to be provided would
still remain in the Fiscal Year 1997-98
recommended budget.
o
Timing is important, since the services could be
delayed or disrupted if the contract with TAP was
not approved.
V. Recommendation is as follows:
City Council concur in Alternative A and authorize the City
Manager or his designee to contract with TAP to provide the
services as described in the contract and Attachment A,
subject to the availability of funding in the City's Fiscal
Year 1997-98 operating budget.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:gr
Attachments
CC:
Wilburn C. Dibling, City Attorney
Mary Parker, City Clerk
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director of Human Development
Diane Akers, Budget Administrator
Theodore J. Edlich, III, Executive Director, Total Action
Against Poverty
Performance Measures for Proposed Programs Provided by TAP for the City of Roanoke
July 1, 1997-June 30, 1998
The performance measures described in this document are aligned with the goals and objectives for the
proposed 1997-98 TAP Programs in Raonoke City.
I. Food and Nutrition:
GOAL 1: To serve as a warehouse and clearinghouse to solicit, receive, safely store, and redistribute food.
OBJECTIVES: A. TAP will provide the names of new food donors.
B. TAP will provide donation data from 1996-97 to be compared with 1997-98 to
provide documentation of an increase of 5% in total donations.
C. TAP will provide information and/or records that details the amount of food received
to reach 4.2 million pounds.
D. TAP will provide copies of the reports of site inspections as they are completed.
TAP will provide records of vehicle mileage and destination and records of the
amount of food distributed will be maintained by review by city staff. (Contractor's
mileage will not be provided.)
GOAL II: To provide donated food to legitimate, qualified, non-profit charitable organizations to feed the
poor, elderly, ill, and children. To meet mass emergency needs when they arise.
OBJECTIVES: A. Listing of new member agencies will be provided. Copies of information and/or
reports detailing the amount and type of food available will be provided by TAP.
B. TAP will provide records of distribution of food in Roanoke and will provide records
of meals provided (up to 350,000).
Copies of curriculum, agenda, and roster (attendance/sign-up shee0 of persons
attending proposed seminars will be submitted by TAP upon completion of the
classes/seminars. Any written agreement for provision of services with other
agenicies will also be provided.
D. TAP will provide reports that detail the pounds of food distributed per Roanoke City
agency.
II. Community_ Development
GOAL I: Work in conjunction with appropriate neighborhood groups diagnosing their needs, setting goals,
developing and implementing action plans.
OBJECTIVES: A.
TAP will provide a copy of the completed housing inventory. Materials documenting
the organizations accessing abandoned property and vacant lots, and information doc-
umenting the development of homeowners organizations, and the plan for new
housing options for the residents.
B. TAP will provide documentation on the completed housing inventory for the Hurt
Park and Gainsboro neighborhoods.
GOAL II: To provide support for and assistance to community neighborhood organizations that serve
minority and low income residents, or critical issues affecting their lives, including organizing,
development, and fund-raising activities.
OBJECTIVES: A. TAP will provide copies of the strategic planning curriculum, agenda, roster of
participant attendance upon completion of each agreed upon comunity education
workshop and other meetings.
B. TAP will provide agenda(s), dates of meetings, and listing of the fratenities,
sororities, churches, and community organizations worked with regarding role
modeling for our youth.
C. TAP will provide agenda(s), dates of meetings, and listings of neighborhood groups'
and associations' work regarding board recruitment, development, and maintenance.
D. TAP will provide materials provided to inner city neighborhoods and dates of
meetings regarding promotion of Home Buyers Club.
GOAL III: To provide referrals to low-income citizens and organizations who are in need.
OBJECTIVES: A. TAP will provide documentation on referrals to 100 Roanoke City residents who are
in need of services because of an emergency or crisis.
III. Education and Employment:
GOAL I: To provide a range of educational and training activities designed to improve academic
achievement levels and develop employment skills of low-income clients.
OBJECTIVES: A.
Attendance reports of youth and reports of completion (GED) on completed
secondary education data, work experience placement including employee and total
positive termination rates will be provided by TAP upon the completion of each
class.
B. Rosters of adult basic education classes and the number of positive completions will
be submitted at the end of each class by TAP.
C. Roster of attendance, plus informationon the number of positive completions will be
submitted by TAP,
GOAL II: To provide job skills training and support services in orer to assist low-income adults in
maintaining meaningful employment or successful training in the operation and maintenance of
micro-business ventures.
OBJECTIVES: A.
Attendance records of youth and reports of completion (GED) on completed
secondary education data, work experience placement including employee and total
positive termination rate will be submitted by TAP on a quarterly basis.
TAP will provide rosters of residents attending training and number of positive com-
pletions, number of start-up micro loans and/or number of participants starting busi-
nesses or obtaining employment.
C. TAP will provide listing of 30 city residents attending the training program, and the
information on specified employer training given.
IV. Transitional Living Center:
GOAL I: To reduce the number of homeless persons in the City of Roanoke by providing compre-
hensive, emergency and transitional housing services, designed to assist participants in devel-
oping stable life styles, stable incomes, and independent living skills.
OBJECTIVES: A. TAP will provide quarterly reports on the number of clients served consistent with
the CSBG reporting format.
B. TAP will provide verification of 100 homeless Roanoke City citizens residing at TLC
in FY 9%98, within 30 days of fiscal year end.
TAP will provide documentation of assistance provided 55 TLC residents to locate,
access, and move to safe affordable housing during FY 97-98. TAP will provide
quarterly reports on progress of this objective.
GOAL II: To reduce the number of Roanoke City homeless by providing opportunities to develop and/or
increase income.
OBJECTIVES:
A. TAP will provide, on a quarterly basis, documentation of 100 adult, employable TLC
residents being served during the contract year with 80% obtaining employment and/
or increasing income. 100 is annual goal.
B. TAP will provide documentation of job readiness counseling for 30 long-term unem-
ployed participants, and documentation attesting to 50% adult persons obtaining em-
ployment.
GOAL III: To prevent transistioned TLC participants from becoming homeless again.
OBJECTIVE: A. TAP will provide documentation of follow-up case management to prevent
transitioned TLC participants from becoming homeless again. Services will be
provided for at least 55 clients and a listing of follow-up services provided.
V. Offender Services:
GOAL I: To assist in the successful transition and re-entry of state ex-offenders returning to Roanoke City.
OBJECTIVES: A. TAP will submit records detailing number of inmates served and topics of
workshops.
B. TAP will provide quarterly records and number of ex-offenders assessed.
C. TAP will provide records or rosters of participants counseled with documentation of
75% obtaining employment.
D. TAP will provide quarterly records/rosters of the number of family counseling
sessions provided to ex-offenders and their families.
E. TAP will provide quarterly records of trips and destinations for ex-offenders.
F. TAP will provide materials/records documenting services/referrals for 135 Roanoke
City participants.
G. Copies/reports of schedule and attendance sheets will by provided quarterly by TAP.
GOAL II: To assist in the successful transition and re-entry of local, short-term Roanoke City ex-
offenders.
OBJECTIVES: A.
B.
C.
TAP will provide quarterly records of the number of ex-offenders assessed.
TAP will submit records detailing the number of inmates served.
TAP will provide documentation/rosters of employment counseling sessions
and job placement assistance provided to 25 participants.
D. TAP will provide quarterly reports of the number of counseling sessions provided
to ex-offenders.
E. TAP will provide records of trips and destinations for ex-offenders quarterly.
F. TAP will provide documentation on the emergency food, clothing, and housing
provided, and a listing of referrals to other agencies for services for 50 participants.
G. Topic/reports of schedule and attendance sheets will be provided by TAP quarterly.
VI. Womens' Resouree Center:
GOAL I. To provide opportunity and support to abused women, enabling them to end or correct abusive
relationships and develop healthy lifestyles. To insure the confidentiality standards of the
Womens' Resource Center and to provide safety for clients and their children, no names or
other identifying data will provided on WRC clients.
OBJECTIVES: A. Complete needs/strengths assessments on 100 new clients.
B. Provide comprehensive crisis intervention services to 75 women and children needing
emergency care.
C. Provide case management services (counseling, planning, coordination, employment
skills, referrals, etc. ) to 60 abused women and their children.
D. Provide education and supportive services to 20 abuse victims who are not yet ready
or willing to end abusive relationships.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
File #24-42-373
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33594-092297 amending the Code of the City of
Roanoke (1979), as amended, by enacting new {}24-76, ReQuirement of a lease or permit,
prohibited uses of spaces and tables: penalties, to regulate the use of City Market spaces,
stalls and tables. The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Attachment
pc:
The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Virginia
H:~OUNCIL~EFT. 22
W. Robert Herbert
September 25, 1997
Page 2
pc:
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable William D. Broadhurst, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation,
P. O. Box 2235, Tallahassee, Florida 32304
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
Bobby D. Casey, Office of the Magistrate
Wilburn C. Dibling, Jr., City Attorney
R. Matthew Kennell, Executive Director, Downtown Roanoke, Incorporated, 310
First Street, S. W., Roanoke, Virginia 24011
Major J. L. Viar, Acting Chief of Police
H:'~COUNCIL~SEPT. 22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of September, 1997.
No. 33594-092297.
AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by
enacting new {}24-76, Requirement of a lease or permit, prohibited uses of spaces and tables;
penalitics, to regulate the use of market spaces, stalls and tables; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The Code of the City of Roanoke (1979), as amended, is amended and reordained by
the addition of the following new section:.
§24-76.
Requirement of a lease or permit; prohibited uses of spaces
and tables: penalties,
(a) Market spaces or stalls shall be used only by persons
possessing a valid lease or permit issued by the City Manager and the
agents and employees of such lessees or permittees.
(b) No person shall sit or lie on or under market tables or make
any use of any market space or stall other than those uses authorized
by this Article or by a valid license or permit issued by the City
Manager.
(c) Violation of this section shall constitute a Class 4
misdemeanor. A second or subsequent violation of this section shall
constitute a Class 2 misdemeanor.
2. In order to provide for the usual dally 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.
RECEIVED
CITY CLERI~$ OFF!CF
'97 SEP 16 All :55
September 22, 1997
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
I have recently received an increasing number of complaints from Downtown
Roanoke, Incoporated, as well as from individual merchants and citizens regarding activity
in the city market. After discussing this matter with the City Attorney, Wilburn C. Dibling,
Jr., I am pleased to recommend to you the attached ordinance which will be of benefit to
our Roanoke City Police Department in ensuring that the market spaces and stalls will be
used for their intended purposes.
I would be pleased to respond to any questions or comments regarding this
important matter.
WRH/dh
Respectfully,
W. Robert Herbert
City Manager
Attachment
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
File #27
SANDRA H. EAKIN
Deputy City Clerk
Emanuel A. Paris, III, President
Alex E. Paris Contracting
Company, Incorporated
Route 18, Box 369
Atlasburg, Pennsylvania 15004
Dear Mr. Paris:
I am enclosing copy of Ordinance No. 33597-092297 accepting the bid of Alex E. Paris
Contracting Company, Incorporated, for a combined contract, including sections Al, A2,
B1, and B2, for the Roanoke River Interceptor Sewer Replacement Project, upon certain
terms and conditions, in the total amount of $18,367,063.00, 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. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Enclosure
H :~.,OU NCIL~,SF..I:~'. 22
Emanuel A. Paris, III
September 25, 1997
Page 2
pc:
The Honorable Marsha Compton Fielder, Commissioner of the Revenue
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
William F. Clark, Director, Public Works
Dolores Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~:OUNClL~EFT.22
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
File #27
SANDRA H. EAKIN
Deputy City Clerk
Bryant Electric Company, Incorporated
Post Office Box 481
Archdale, North Carolina 27263-4819
Casper Colosimo & Son, Incorporated
5170 Campbells Run Road
Pittsburgh, Pennsylvania 15205
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 33597-092297 accepting the bid of Alex E. Paris
Contracting Company, Incorporated, for a combined contract, including sections Al, A2,
B1, and B2, for the Roanoke River Interceptor Sewer Replacement Project, upon certain
terms and conditions, in the total amount of $18,367,063.00, 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. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, September 22, 1997.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your
bid on the abovedescribed project.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Enclosure
H:~.~::)U NClL~SEFT. 22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of September, 1997.
No. 33597-092297.
AN ORDINANCE accepting the bid of Alex E. Paris Contracting Company, Inc., for a
combined contract, including sections Al, A2, B1, and B2, for the Roanoke River Interceptor Sewer
Replacement Project, upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Alex E. Paris Contracting Company, Inc., in the total amount of
$18,367,063.00, for a combined contract, including sections Al, A2, B 1, and B2, for the Roanoke
River Interceptor Sewer Replacement Project, as is more particularly set forth in the September 22,
1997, report 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 said bidder, which bid is on file in
the Office of the City Clerk, be and is hereby ACCEPTED.
2. The City Manager or the Assistant 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,
said contract to be in such form as is approved by the City Attorney, and the cost of said 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 aforesaid 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.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
File ~60-27
SANDRA H. EAKIN
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33596-092297 amending and reordaining certain
sections of the 1997-98 Sewage Treatment Fund Appropriations, providing for the transfer
of funds in connection with construction of the Roanoke River Interceptor Sewer
Replacement project. The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Attachment
pc:
The Honorable Marsha Compton Fielder, Commissioner of the Revenue
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
William F. Clark, Director, Public Works
Dolores Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~..OUN~L~SEPT.~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of September, 1997.
No. 33596-092297.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage
Treatment 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 1997-98 Sewage Treatment Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriation
Capital Outlay
1994 STP Expansion Bonds (1) ...............................
Roanoke River Interceptor Sewer Construction (2-3) ..............
Revenue
Due from Other Governments (4-5) .............................
1) Appropriated from
Bond Funds
2) Appropriated from
Bond Funds
3) Appropriated from
Other Governments
4) Due from City of
Salem
5) Due from Roanoke
County
(003-056-8465-9001)
(003-056-8484-9001 )
(003-056-8484-8999)
(003-1071)
(003-1072)
$(7,442,308)
7,442,308
12,836,461
6,833,945
6,002,516
$ 40,851,179
880,656
20,278,769
$12,836,461
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
RECEIVED
CITY CLERI(S OFF!CE
September 22, 1997
Council Report No. 97-165
")7 SEP15 P1:08
Honorable Mayor and Members 'of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT
CONTRACTS Al, A2, B1 & B2
BID NO. 97-5-62
We, the undersigned Bid Committee, hereby submit the attached report for your
consideration.
,~~2ctfull.y s~b/~ted'
_~h~"H. ~a-rrott, Chairman
Kit B. Kiser
JHP/PCS/kh
Attachment: Bid Committee Report
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to the City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of the Revenue
September 22, 1997
Council Report No. 97-165
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT
CONTRACTS Al, A2, B1 & B2
BID NO. 97-5-62
I concur with the Bid Committee recommendation relative to the above project and
recommend it to you for appropriate action.
Sincerely,
W. Robert Herbert
City Manager
WRH/PCS/kh
Attachment: Bid Committee Report
C;
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
RECEIVED
CITY CLERKS OFFICE
September 22, 1997
Council Report No. 97-165
SEP 17 I 9:48
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT
CONTRACTS Al, A2, B1 & B2
BID NO. 97-5-62
Backarovnd on the subject in chronological order is as follows:
Roanoke River InterceDtor Sewer Reolacement is Dart of the renovation end
expansion of !oint use sewer facilities considered by City Council at its meeting
of December 13, 1993.
Funding in the amount of $15.7 million was aDoroved by Coungil action on
December 13, 1993, to support the City's share of the $41.5 million project.
The funding is from the proceeds of a general obligation bond issue.
The Roanoke River Interceptor Sewer ReDlacement Droiect reDlaces the existing
interceotor sewer from the Water Pollution Control Plant to the Salem city limit.
Contracts Al, A2, B1 and B2 reDlace the existino interceptor from the Water
Pollution Control Plant to W8$ena Park at Winchester Street. These contracts
represent a total of 26,982 feet (5.1 miles) of sewer replacement. This is 52.0
percent of the total project length of 51,870 feet (9.82 miles).
II.
Current situation is as follows:
The Dro!ect was advertised for bids with two alternate DiDe materials, of
prestressed concrete cylinder pipe (PCCP) and reinforced concrete pipe (RCP).
The project was advertised for bids as four seDarate contr~gts, Contracts Al,
A2, B1 and B2. Each contract included approximately the same amount of
work. Bidders had the option of bidding each contract individually or all
contracts together as a single contract. The allowable time for all contracts is
540 calendar d~vs.
Proiect was advertised on Sunday June 1, 1997, and bids were oubliclv oDen~d
and read aloud by D. Darwin Rouoe, Manager of SuPPly Management, gn
Thursday, June 26, 1~}7.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT
CONTRACTS Al, A2, B1 & B2
BID NO. 97-5-62
September 22, 1997
Page 2
Fo
Eleven (11) bids were received from three contractgrs for the various project
alternatives with Alex E. Paris Contractino Comoanv, Inc., Route 18, Atlasburg,
Pennsylvania, 15004, submitting the Iow bid in the amount of $18.367.063 for
the combined Contract Al. A2. B1
The City of Salem and Roanoke County share the cost of the Dro!ect with the
City of Roanoke. All have agreed to begin work now on the Sections covered
by Contracts A1 & A2 and negotiate with the Iow bidder for a combined
Contract with Sections Al, A2, B1 & B2. Although the total amount of the bid
for the combined Contract with Sections Al, A2, B1 & B2 was not able to be
reduced, Alex E. Paris Contracting Company, Inc., has agreed to assign the
following costs and expenses to each section of the combined contract: A1 -
$4,270,642; A2 - $4,615,283; BI- $4,754,556; B2 - $4,726,582. The Iow
bidder has agreed that all sections of the combined contract will be subject to
available funding and that initially a notice to proceed will only be issued for
Sections A1 and A2 of the combined contract, and should the City decide to
terminate Section B1 and/or B2 of the combined contract, the City may do so
without incurring any cost or expenses for the cost and expenses assigned to
those sections. This approach will allow time for additional engineering studies
to evaluate alternatives to possibly reduce or defer construction cost for part of
the project.
The total construction cost of the Droiect (Contracts Al. A2. B1 & B2) i~
estimated as follow~:
Construction Contract
Contingency
Railroad Flagging & Construction
Total
$18,367,063
1,836,706
75.000
$20.278,769
The project cost is apportioned between the participating jurisdictions as
follows:
City of Roanoke 36.7%
City of Salem 33.7%
Roanoke County 29.6%
$ 7,442,308
6,833,945
6,002,516
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT
CONTRACTS Al, A2, B1 & B2
BID NO. 97-5-62
September 22, 1997
Page 3
In the event that only Sections A1 & A2 of the combined ~0nl;r~l~;t are
undertaken, the oroiect cost is estimated ~8 fQIIQwS:
Contract A1 $4,270,642
Contract A2 4,615,283
Contingency 888.592
Total $9.774.517
The project cost is apportioned between the participating jurisdictions as
follows:
City of Roanoke 36.7%
City of Salem 33.7%
Roanoke County 29.6%
3,587,248
3,294,012
2,893,257
III.
Issues in order of importance are as follows:
A. Cost
B. Fundin_o
IV.
Alternatives in order of feasibility are as follows:
Ao
Authorize the City Manaoer to execute a unit price contr~l~;l~ for the combined
contract as set forth in II.E., above, in a form approved by the City Attorney,
with Alex E. Paris Contractino Company. In~;., in the amount of $18.367.063
with 540 calendar days for completion with a project contingency of
$1.836.706 and $75,000 for charges by Norfolk Southern Corporation for
flagman services. The contractor will only be authorized to proceed with work
on Sections A1 and A2 at this time.
Cost is 5.9% above the Engineer's estimate of $17.330.09,c). The
estimated construction cost for the entire project is $29,635,117.
Fundino for the City's share IS 7.442.308) is available in STP Expansion
Bonds 1994 account (003-056-8465) and may be transferred to an
account to be established by the Director of Finance. Funding in the
amount of $12,836,461 will be provided by other localities participating
in the project.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT
CONTRACTS Al, A2, B1 & B2
BID NO. 97-5-62
September 22, 1997
Page 4
Do not authorize the City Manager to execute a contract with Alex E. Peris
Contractino Comoany,
1. Cost would be based on future bids.
2. Funding would remain in the STP Expansion Bonds 1994 account.
Recommendation is as follows:
City Council concur in alternative "A" and take the following actions:
Authorize the City Manaoer to execute a unit Drice contract for the combined
contract as set forth in II.E. above, in a form approved by the City Attorney,
with Alex E. Paris Contracting Company. In~;., in the amount of $18.367.0(~3
with 540 calendar days for completion with a project contingency of
$1.836.706 and $75.000 for charges by Norfolk Southern Corporation for
flagman services. The contractor will only be authorized to proceed with work
on Sections A1 and A2 at this time.
Transfer $7.442.308 from STP Expansion Bonds 1994 account (003-056-8465-
9001 ) to an account to be established by the Director of Finance titled Roanoke
River Interceptor Sewer Construction. Appropriate $12,836,461 to the same
account from funds to be provided by other jurisdictions and establish accounts
receivable in the same amount.
WRH/PCS/kh
Attachment: Bid Tabulation
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
TABULATION OF BIDS
ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT
CONTRACTS Al, A2, B1 & B2
BID NO. 97-6-52
Bids were opened by D. Darwin Roupe, Manger, Office of Supply Management, on Thursday,
June 26, 1997, at 2:00 p.m.
Contracts
Al, A2, B1,
Bidder Contact A1 Contract A2 Contract B1 Contract B2 and B2
Alex E. Paris Contracting $4,270,642 $4,615,283 $4,882,056 94,864,222 918,367,063
Company, Inc.
Bryant Electric Company, 94,448,898 95,311,660 94,806,796 95,642,365 919,436,976
Inc.
Casper Colosimo & Son, No Bid No Bid No Bid 94,996,560 No Bid
Inc.
Estimated Cost: $17.330.339
Office of the City Engineer
Roanoke, Virginia
September 22, 1997
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 26, 1997
File #27
SANDRA H. EAKIN
Deputy City Clerk
David R. Conner
Vice President
E. C. Pace Company, Inc.
Post Office Box 12685
Roanoke, Virginia 24027
Dear Mr. Conner:
I am enclosing copy of Ordinance No. 33599-092297 accepting the bid of E. C. Pace
Company, Inc., for the construction of the Baker Avenue Storm Drain Project, upon certain
terms and conditions, in the total amount of $480,197.15, 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. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
September 22, 1997.
SHE:js
Enclosure
Sincerely,
Sandra H. Eakin
Deputy City Clerk
H:~,OUNCIL~SEPT. 22
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.
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 26, 1997
File ~60-27
SANDRA H. EAKIN
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33598-092297 amending and reordaining certain
sections of the 1997-98 Capital Projects Fund Appropriations, providing for the transfer of
$528,197.00 in connection with construction of the Baker Avenue Storm Drain Project.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Attachment
pc:
The Honorable Marsha Compton Fielder, Commissioner of the Revenue
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
William F. Clark, Director, Public Works
Dolores Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~COUNCIL~SEPT.22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of September, 1997.
No. 33598-092297.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Improvement Reserve
Public Improvement Bonds - Series 1996 (1) ....................
Sanitation
Baker Avenue Storm Drain Project (2) .........................
$11,352,882
8,763,821
$ 1,093,026
528,197
1 ) Storm Drains (008-052-9701-9176) $ (528,197)
2) Appropriated from
Bond Funds (008-052-9692-9001) 528,197
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
RECEI~EO
CIT¥ CLERI~'S OFFICE
'97 SEe 17 p3'.17
September 22, 1997
Council Report No. 97-186
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject: BID COMMITTEE REPORT
BAKER AVENUE STORM DRAIN PROJECT
BID NO. 97-7-61
We, the undersigned Bid Committee, hereby submit the attached report for your
consideration.
· Parrott, Chairman
Carroll E. Swa/i~'
William F. Clark
JHP/DWD/kh
Attachment: Bid Committee Report
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to the City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of the Revenue
September 22, 1997
Council Report No. 97-186
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject: BID COMMITTEE REPORT
BAKER AVENUE STORM DRAIN PROJECT
BID NO. 97-7-61
I concur with the Bid Committee recommendation relative to the above project and
recommend it to you for appropriate action.
Sincerely,
W~ ~obert Herbert
City Manager
WRH/DWD/kh
Attachment: Bid Committee Report
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
September 22, 1997
Council Report No. 97-186
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject: BID COMMITTEE REPORT
BAKER AVENUE STORM DRAIN PROJECT
BID NO. 97-7-61
Ba~;k~oround on the subject in chronological order is as follows:
A sic~nificant drairl~_oe problem has existed for over 20 years on Shenandoah
Avenue between Baker Avenue and Luckett Street. Shenandoah Avenue carries
over 14,000 vehicles per day and is frequently flooded to depths that slow or
impede traffic. Also, several businesses located in this area of Shenandoah
Avenue are repeatedly flooded by the lack of proper drainage.
The Engineering Department hes established a priority index system for ratina
drainaqe projects, end the Baker Avenue Drainaae Proiect is currently one of the
highest rated proiects due to its imoact on the travelina public and existina
businesses.
Followina proper advertisement, bids were publicly oDened and read aloud by
D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday,
August 19, 1997, at 2:00 p.m.
Five (5) bids were received with E. C. Pace Company, Inc., P.O. Box 12665,
Roanoke, Virginia, 24027, submitting the Iow bid in the amount of
~480.197.15.
II.
Current situation is as follows:
A. Proiect hes been bid and contract needs to be executed.
III.
Issues in order of importance are as follows:
A. Amount of the Iow bid
B. Fundino
C. Time of completion
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
BAKER AVENUE STORM DRAIN PROJECT
BID NO. 97-7-61
September 22, 1997
Page 2
IV.
Alternatives in order of feasibility are as follows:
A. Award a unit price contract to E. C. Pace ComDanv Inc., in the amount of
~480,197.15 and 240 consecutive calendar days for completion, with a project
contingency of $48,000, for a total of $528.197.15.
1. Amount of the Iow bid is 19.6% below the engineer's estimate, which
is acceptable.
2. Fundino is available in account number 008-052-9701-9176, 1996
Bonds, Storm Drains.
Contract Amount $480,197.15
Contingency 48,000,00
Total Project Amount $528.197.15
3, Time of completion is quoted at 240 days, which is acceptable,
B. Reiect the bids and do not award a contract at this time,
1. Amount of the Iow bid could increase at a later date.
2, Fundino would not be encumbered at this time.
3. Time Qf comoletion would be extended.
Re~;Qmmendation is as follows:
City Council concur in alternative "A" and take the following actions:
Authorize the City Manaoer to enter into a contractual aoreement, in form
approved by the City Attorney, with E. C. Pace Company. Inc.. in the amount
of 8480,197,15 and 240 consecutive calendar days. with a project contingency
of $48,000, to construct the Baker Avenue Storm Drain Project as designed and
subject to acquisition of necessary property rights,
Bo
Tr~lnsfer $528.197.15 from 1996 Bonds. Storm Drains. account number 008-
0,~2-9701-9176 to an account to be established entitled "Baker Avenue Storm
Drain Project."
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
BAKER AVENUE STORM DRAIN PROJECT
BID NO. 97-7-61
September 22, 1997
Page 3
Attachment: Bid Tabulation
C'
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
TABULATION OF BIDS
BAKER AVENUE STORM DRAINAGE PROJECT
BID NO. 97-7-61
Bids were opened by D. Darwin Roupe, Manger, Office of Supply Management, on Tuesday,
August 19, 1997, at 2:00 p.m.
TOTAL BID
CONTRACTOR BID BOND AMOUNT
E. C. Pace Company, Inc. Yes $480,197.15
Aaron J. Conner, General Contractor, Inc. Yes 512,775.00
Reed Excavating Yes 560,543.55
Dixon Contracting, Inc. Yes 560,631.50
Allegheny Construction Company, Inc. Yes 629,775.00
Engineer's Estimated Cost: ~593,000
Office of the City Engineer
Roanoke, Virginia
September 22, 1997
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997 SANDRA H. EAKIN
Deputy City Clerk
File #112-166-169-272-291-383-386
Donald C. Reid
Area Manager
Bell Atlantic - Virginia, Inc.
5415 Airport Road, N. W.
Roanoke, Virginia 24012
George Cumming
Manager, Municipal Affairs
American Communication Services, Inc.
131 National Business Parkway, Suite 100
Annapolis Junction, Maryland 20701
James A. Gillis
Vice-President
KMC Telecom of Virginia, Inc.
11660 Alpharetta Highway, Suite 545
Roswell, Georgia 30076
Gentlemen:
I am enclosing copy of Ordinance No. 33567-092297 authorizing the City Manager to
execute on behalf of the City a Franchise Extension Agreement with Bell Atlantic - Virginia,
Inc., and extension agreements for the Temporary Nonexclusive Revocable License
Agreements with KMC Telecom of Virginia, Inc., and America Communication Services of
H:~_,OU NClL~SEFT. 22
Donald C. Reid
George Cumming
James A. Gillis
September 25, 1997
Page 2
Virginia, Inc., for a period of one year each. The abovereferenced measure was adopted
by the Council of the City of Roanoke on first reading on Monday, September 2, 1997, also
adopted by the Council on second reading on Monday, September 22, 1997, and will be
in full force and effect ten days following the date of its second reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:is
Enclosure
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
George C. Snead, Director of Public Safety
William F. Clark, Director of Public Works
Kit B. Kiser, Director of Utilities and Operations
Archie Harrington, Manager, City Information Systems
Charles M. Huffine, City Engineer
Glenn A. Asher, Risk Management Officer
Dana Long, Chief, Billings and Collections
H:~COUNCIL~SEI~r,22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of September, 1997.
No. 33567-092297.
AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Franchise
Extension Agreement with Bell Atlantic - Virginia, Inc., and extension agreements for the Temporary
Nonexclusive Revocable License Agreements with KMC Telecom of Virginia, Inc., and American
Communication Services of Virginia, Inc., for a period of one year each.
BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the
Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and
attest, respectively, a Franchise Extension Agreement with Bell Atlantic - Virginia, Inc., and extension
agreements for the Temporary Nonexclusive Revocable License Agreements with KMC Telecom of
Virginia, Inc., and American Communication Services of Virginia, Inc., for a period of one year each,
with the other terms of the Franchise and License Agreements to remain the same, the form of each
to be approved by the City Attorney, all as more particularly set forth in the City Manager's report
to this Council dated September 2, 1997.
ATTEST:
City Clerk.
RECEIVED
CITY CLERKS OFFICE
Honorable Mayor and Members of City council
Roanoke, Virginia
28 AIO :11
September 2, 1997
Council Report No.97-356
Dear Mayor Bowers and Council Members:
SUBJECT:
Extension of Telephone Franchise Agreement with Bell Atlantic - Virginia,
Inc., and Temporary Nonexclusive Revocable License Agreements for KMC
Telecom of Virginia, Inc. and American Communication Services of Virginia,
Inc.
I. Background on the subject in chronological order is:
A thirty_ year franchise was granted by Ordinance No. 17677, adopted on August 28,
1967, to The Chesapeake and Potomac Telephone Company of Virginia from the
effective date of the ordinance to operate and maintain a telephone and telegraph
system within the limits of the City. The effective date of the ordinance was
September 27, 1967. Accordingly, that franchise expires September 27, 1997.
A Temporary_ Nonexclusive Revocable License Agreement was authorized by
Ordinance No. 33199-121696, adopted on December 16, 1996, for KMC Telecom
of Virginia, Inc. (KMC) and American Communication Services of Virginia, Inc.,
(ACSI) for the construction, maintenance and operation of telecommunication
facilities in the City's rights-of-ways. Pursuant to the above ordinance, the City
entered into a Temporary Nonexclusive Revocable License Agreement with ACSI
dated December 31, 1996, and a Temporary Nonexclusive Revocable License
Agreement with KMC dated January 7, 1997, (hereafter Agreements). Those
Agreements are to expire upon the adoption of a final telecommunications regulatory
ordinance or September 26, 1997, whichever occurs first.
The 1997 General Assembly Session addressed a controversy over the issue of what
compensation or charges localities, including municipal corporations, could impose
on or require from telecommunications carders for the use of the rights-of-way within
the localities. In response to this controversy, the 1997 General Assembly amended
Virginia Code Sections 56-458 and 56-462 to require the localities to maintain their
charges as of February 1, 1997, until July 1, 1998. The purpose of these amendments
is to allow the telecommunications carriers and the localities to try to resolve the
controversy between the parties as to what type of compensation and how much
compensation the localities should be allowed for the use of their rights-of-way. It
is anticipated that the 1998 General Assembly will address the issue and will provide
further guidance or appropriate legislation to guide the localities in this area.
H:XPJdlSCXREPORT.
Honorable Mayor and Member of City Council
Roanoke, Virginia
September 2, 1997
Page 2
II. Current situation is:
III.
mo
Bell Atlantic - Virginia, Inc., is the successor to The Chesapeake and Potomac
Telephone Company of Virginia. In light of the legislation enacted by the 1997
General Assembly, and in order to obtain guidance from the 1998 General Assembly,
Bell Atlantic has requested an extension of its franchise for a period of one year, to
September 27, 1998. By extending the franchise for a period of one year, both Bell
Atlantic and the City will have the opportunity to benefit from any new legislation or
guidance that the 1998 General Assembly may provide and will be better able to
negotiate a fair and equitable franchise for the future that will replace the current
franchise that Bell Atlantic has with the City.
KMC and ACSI have both requested an extension of their Agreements for a period
of one year, to September 26, 1998. This will allow each of the companies to proceed
under the Agreements that were negotiated with them for a one year period of time
so that the City can determine what type of permanent telecommunications regulatory
ordinance or franchise should be adopted once the 1998 General Assembly issues
additional legislation on this matter.
Co
The extensions of the Bell Atlantic franchise and the KMC and ACSI Agreements
would be under the same terms and conditions as the prior franchise and Agreements
except that the expiration terms of the franchise and Agreements would be extended
for a period of one year, subject to all the other terms and conditions of the franchise
and Agreements.
Issues in Order of Importance:
A. Need for services.
IV.
Bo
Compliance with Telecommunications Act of 1996.
The rights of the City to manage its public rights-of-ways and to require fair and
reasonable compensation for their use from telecommunications providers on a
competitively neutral and nondiscriminatory basis.
Alternatives in order of feasibility are:
Ao
City Council authorize the appropriate City officials to execute and attest a separate,
franchise extension agreement with Bell Atlantic - Virginia, Inc., and extension
Honorable Mayor and Member of City Council
Roanoke, Virginia
September 2, 1997
Page 3
agreements for the Temporary Nonexclusive Revocable License Agreements for
KMC Telecom of Virginia, Inc. and American Communication Services of Virginia,
Inc., for a period of one year each, with the other terms of the franchise and
Agreements to remain the same, the form of each to approved by the City Attorney.
Need to allow telecommunications carriers to provide telecommunications
services to the citizens of the City on a competitive basis will be met.
Compliance with the Telecommunications Act of 1996 will be met because the
telecommunications carriers will be allowed to construct, maintain and
operate their telecommunications facilities within the City to provide
telecommunications services as anticipated by the Act.
The rights of the City to manage its public rights-of-way and to require fair
and reasonable compensation for the use of those rights-of-way would be met
or preserved pending further clarification and authorization from the 1998
General Assembly and any legislation that it might pass concerning these
issues.
Bo
City Council not authorize the appropriate City officials to execute and attest a
separate franchise extension agreement with Bell Atlantic - Virginia, Inc., and
extension agreements for the Temporary Nonexclusive Revocable License
Agreements for KMC Telecom of Virginia, Inc. and American Communication
Services of Virginia, Inc., for a period of one year each, with the other terms of the
franchise and Agreements to remain the same, the form of each to approved by the
City Attorney.
o
Need to allow telecommunications carriers to provide telecommunications
services to the citizens of the City on a competitive basis would not be
accomplished.
Compliance with the Telecommunications Act of 1996 would be questioned
by the carriers as to whether or not the City was providing a barrier to their
entry into the telecommunications business within the City.
The rights of the City to manage its public rights-of-way and to require fair
and reasonable compensation for the use of those rights-of-way would still be
an issue for consideration in the telecommunications regulatory ordinance and
H:~.M I SC"d~.E PO RT.
Honorable Mayor and Member of City Council
Roanoke, Virginia
September 2, 1997
Page 4
license/franchise agreement to be adopted by the City and the City would still
need to wait for guidance or the enactment of further legislation from the
1998 General Assembly before adopting such an ordinance or franchise
agreement.
Vo
Recommendation is as follows:
City Council concur with Alternative A and authorize the City Manager and City
Clerk to execute and attest, respectively, a separate franchise extension agreement
with Bell Atlantic - Virginia, Inc., and extension agreements with KMC Telecom of
Virginia, Inc. and American Communication Services of Virginia, Inc., extending each
of their agreements with the City for a period of one year, with all other terms and
provisions of the franchise and those Agreements to remain the same and subject to
the other terms and provisions of those documents, the form of each to be approved
by the City Attorney.
'~)-~Respectfully ~,~/~~__
W. Robert Herbert
City Manager
GET/lsc
CC2
City Attorney
City Clerk
Director of Finance
Director of Public Safety
Director of Public Works
Director of Utilities & Operations
Manager, CIS
Manager, Engineering
Manager, Risk Management
Chief, OBC
H:'~.MI .~RE PO RT.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 25, 1997
File #17-132
SANDRA H. EAKIN
Deputy City Clerk
R. Michael Amyx
Executive Director
Virginia Municipal League
Post Office Box 12164
Richmond, Virginia 23241
Dear Mr. Amyx:
I am enclosing copy of Resolution No. 33600-092297 designating the Honorable Linda F.
Wyatt, Vice-Mayor, as Voting Delegate and the Honorable Carroll E. Swain as Alternate
Voting Delegate for the Annual Business Session of the Virginia Municipal League to be
held in Hampton, Virginia, on October 21, 1997; and designating W. Robert Herbert, City
Manager, as Staff Assistant for any meetings of the Urban Section of the League. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, September 22, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
Enclosure
pc: W. Robert Herbert, City Manager
H:~-,OUNClL~SEPT.22
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 22nd day of September, 1997.
No. 33600-092297.
A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for
the Annual Business Session of the Virginia Municipal League and designating a Staff
Assistant for any meetings of the Urban Section of the League.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. For the Annual Business Session of the Virginia Municipal League to be held
in Hampton, Virginia, on October 21, 1997, the Honorable Linda F. Wyatt, Vice-Mayor, is
hereby designated Voting Delegate, and the Honorable Carroll E. Swain is hereby designated
Alternate Voting Delegate.
2. For any meetings of the Urban Section of the Virginia Municipal League to be
held in conjunction with the League's 1997 Annual Conference, W. Robert Herbert, City
Manager, shall be designated Staff Assistant.
3. Mary F. Parker, City Clerk, is directed to complete any forms required by the
Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate
and Staff Assistant and to forward such forms to the League.
ATTEST:
H:/M~ASUKES/R-VM~VO. 6
City Clerk.
Mary F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
September 30, 1997
File ~6-67
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke on Monday, September 22,
1997, Council Member Swain advised that he has received citizen complaints relating to
the City's weed abatement process. He suggested that the City review its procedures and
follow up after City crews have completed weed removal to ensure that the work has been
performed to the citizens' satisfaction.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
pc:
William F. Clark, Director of Public Works
John W. Coates, Manager, Parks and Recreation
Barry K. Stacy, Weed Control Coordinator
H:\COUNCIL~.~EPT. 22
Mary F. Parker, CMC/AAE
c~ c~rk
CITY OF ROANOKE
Office of the City Clerk
September 30, 1997
File #51-200
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke held on Monday, September 22,
1997, Council Member Swain expressed concern with regard to the "granclfathering
clause" relating to junk yards, and the City's lack of authority to require fences in these
areas. He requested that City staff look at these areas and review the City's authority to
require fences to shield the areas from public view.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
pc:
William F. Clark, Director of Public Works
John R. Marlles, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Rose M. Woodford, Executive Secretary, City Manager's Office
H:~C.,OU NCIL~SEPT. 22
Mary F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
September 30, 1997
File #360-497
Sandra H. Eakin
Deputy City Clerk
VV. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke held on Monday, September 22,
1997, Council Member Swain stated that recently he and Council Member White requested
information with regard to assistance being given to minority/small businesses in the City,
and a reply had been received from the City administration; however, it appears the
process does not provide an opportunity for input from the businesses. He requested that
information be provided to minority/small businesses as to how and where they may obtain
help from the City, and in particular, better explanations and assistance with regard to the
City's bidding process.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
pc:
The Honorable Marsha Compton Fielder, Commissioner of the Revenue
D. Darwin Roupe, Manager, Supply Management
Phillip F. Sparks, Chief, Economic Development
Rose M. Woodford, Executive Secretary, City Manager's Office
H:\COUNCIL~SEP'r.22
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
September 30, 1997
File f~66-104
Sandra H. Eakin
Deputy C~y Ck~rk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke held on Monday, September 22,
1997, Mr. Anthony Peterson, 1551 Wellsley Street, N. W., expressed concern with regard
to financial and employment difficulties he is experiencing; whereupon, the Mayor
requested that you discuss the matter with Mr. Peterson.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:js
pc:
Mr. Anthony Peterson, 1551 Wellsley Street, N. W., Roanoke, Virginia 24017
H:~COUNClL~SEPT.22
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
September 30, 1997
File #184-202-411
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Gentlemen:
At a regular meeting of the Council of the City of Roanoke on Monday, September 22,
1997, the following persons addressed Council with regard to affirmative action and
discrimination concerns in the City of Roanoke:
Angela E. Norman
Robert Gravely
Evelyn D. Wheeler
Carolyn Harris-Hinchee
James A. Croan
Perneller L. Wilson
The matter was referred to the City Manager and the City Attorney for investigation and
report to Council.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:is
pc: Rose M. Woodford, Executive Secretary, City Manager's Office
H:~COUNCILt. SEPT. 22