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HomeMy WebLinkAboutCouncil Actions 10-02-00Wyatt $5076 ROANOKE CITY CO UNCIL REGULAR SESSION October 2, 2000 12:lSp. m. EMERGENCY OPERA TIONS CENTER CONFERENCE ROOM 1. Call to Order-Roll Call. AH Present. Bo Roanoke City Council Roanoke Neighborhood Partnership Steering Committee Welcome and Opening Remarks: Mayor Smith Chairperson Duerk C. Invocation: Council Member Harris. D. Lunch: E. Overview of Partnership History: William E. Skeen, Past Chair. F. Funding: Charles W~ Hancock, Grants Committee, and Lular R. Lucky, CDBG Representative. G. Appointments: Paula L. Prince, Community Life Chair. H. City Planning Commission Relationship: Alfred T. Dowe, Jr., City Planning Commission Member. I. Focus Forward: William E. Skeen, Past Chair. J. Closing Remarks: Roanoke City Council Roanoke Neighborhood Parmership Steering Committee The meeting was declared in recess at 1:20 p.m., to be reconvened at 3:00 p.m., in the Falion Park Elementary School Gymnasium, 50219'" Street, S. E., City of Roanoke. R O/INOKE CITY CO UNCIL RE G UL,4R SESSION October 2, 2000 3:00p. m. FALL ON P/IRK ELEMENT~IR y SCHOOL GYMNASIUM 502- 19~ STREET, S. E. .4 GEND.4 FOR THE COUNCIL Call to Order- Roll Call. An Present. The Invocation was delivered by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. Today's meeting will be taped and replayed on Channel 3 on Thursday, October 5, 2000, at 7:00 p.m., and Saturday, October 7, 200.0, at 4:00 p.m. ANNOUNCEMF, NTS. ,~uu~n~ar, AL/ENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND a so no s, ~v~w OF ~FO~~ON. CITIZENS ~O ~ ~TE~STED ~f~~G A COPY OF ~ I~M LIS~D ON ~ AGE~A ~Y CONTACT ~ CI~ CLE~'S OF~CE. R ~M ae~ ~ ~ T . O .......,..~ ~. C~~~CIP~ B~DING, 21~ C~CH A~N~, S. W., OR THE CITY CLERK'S OFFICE NOW PROVIDES THE ENTIRE CITY COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS THE AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.CI.ROANOKI~,VA.U$_ CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISH'ING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE GYMNASIUM. FORMER COUNCIL MEMBER ELIZABETH T. BOWLES AND PAUL TORGERSEN RECEIVED THE HONOR OF BUSINESS HALL OF FAME LAUREATE BY JUNIOR ACHIEVEMENT OF SOUTHWEST VIRGINIA ON WEDNESDAY, SEPTEMBER 20, 2000. THIS IS A PRESTIGIOUS AWARD WHICH CELEBRATES THE ACCOMPLISHMENTS OF INDIVIDUALS WHO HAVE MADE A LASTING IMPACT ON THE FREE ENTERPRISE SYSTEM AND IMPROVED OUR WAY OF LIFE IN SOUTHWEST VIRGINIA. File #80 PRESENTATIONS. A Proclamation declaring the week of October Awareness Week. File #3-314 1 7 as Mental Illness A Proclamation declaring the week of October 8 - 14 as Fire Prevention Week. File #3-70 A Proclamation declaring October 20 as National Mammography Day and the month of October as National Breast Cancer Awareness Month. File #3-22 A Proclamation declaring Sunday, October 15, 2000, as White Cane Safety Day. · File #3-353 C-1 CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF ~ ITEMS. IF DISCUSSION IS DESIRED, ~ ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Mayor Ralph K. Smith requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #132 Concur in request to convene in Closed Meeting. C-2 A communication from Mayor Ralph K. Smith requesting a Closed Meeting to discuss a special award, being the annual Citizen of the Year Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #132-496 Concur in request to convene in Closed Meeting. C-3 A report of the Water Resources Committee recommending that a public heating be advertised and, lacking any comments to the contrary, execution of a document to lease City property located northwest of the former City Nursing Home at Coyner Springs for agricultural purposes to Richard B. and Ned B. Jeter for a term of five years. RECOMMENDED ACTION: File 044-166-305-373..468 Concur in request to advertise a public hearing. C-4 A report of the Water Resources Committee recommending that a public hearing be advertised and, lacking any comments to the contrary, execution of a document to lease City property located at 1015 Jamison Avenue, S. E., to the Southeast Action Forum for a term of five years. RECOMMENDED ACTION: File 0165-166-373-468 Concur in request to advertise a public hearing. C-5 A report of the Water Resources Committee recommending that a public hearing be advertised on the sale of surplus City property identified as Official Tax No. 4013701, and, lacking any comments to the contrary, approve conveyance of the property to the highest bidder. RECOMMENDED ACTION: File #2-166-468 Concur in request to advertise a public heating. C-6 Qualification of the following persons: Rochelle S. Nolan as a member of the Roanoke City Public Library Board for a term ending June 30, 2003; and File #15-110'323 William M. Hackworth as City Attorney, James D. Grisso as Director of Finance, and Mary F. Parker as City Clerk for the City of Roanoke for terms of two years, each, commencing October 1 2000 and ending September 30, 2002. ' File #1-15-38-83-209 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTER : ae Presentation of the Annual Report of the Mayor's Committee for People with Disabilities. Christene A. Montgomery, President, Dan Semones, Co-Chair, Employment Subcommittee, and Gordon Davidson, Co- Chair, Special Projects Subcommittee, Mayor's Committee for People with Disabilities. A request for funds to duplicate the "Common Ground" video for distribution to the Roanoke City Public Schools was referred to the City Manager for report and recommendation to Council. FHe #109=110=353-467 Briefing with regard to the Blue Ridge Technical Academy. E. Wayne Harris, Superintendent, Roanoke City Public Schools. Received and filed. File #467 Dr. 7 de Request to address traffic calming for Smith Park. E. Duane Howard, Spokesperson. The question of whether Wiley Drive will be opened for vehicular traffic was referred to the City Manager for study and report to Council. File #20-67 Request to address sanitation and landscaping issues in certain areas of the City. Charles Stallings, Spokesperson. Mr. Stallings was not present. File #66 0 0 PETITIONS AND COMMUNICATIONS: NONE REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. A report recommending that Council concur in proposed Capital Maintenance and Equipment Replacement Program expenditures. Concurred in the recommendation. File 0270-472 A report recommending extension of the contract with Robinson Pipe Cleaning Co. for removal, transportation and disposition of digested lag##ned sludge from the City's Water Pollution Control Plant, for a period of one year from October 1, 2000 through September 30, 2001. Adopted Ordinance No. 35076-100200. (7-0) File #27-60 A report recommending appropriation of funds in the amount of $750,000.00, from Sewage Fund retained earnings. Adopted Budg. e.t Ordinance 35077-1.00200. (6-0, Council Member Bestpltch abstained from voting.) File #27-60 A report recommending authorization to execute a two-year agreement with Appalachian Power Co., dgo/a American Electric Power, establishing electrical rates and terms of services commencing July l, 2000 through June 30, 2002. Adopt. ed Resol.ution 35078-100200. (6-0, Council Member Bestpltch abstained from voting.) File #29 A report recommending acceptance of grant funds from the United States Department of Health and Human Services for the Sanctuary Runaway and Homeless Youth Outreach Program, in the amount of $106,606.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 35079-100200 and Resolution No. 35080-100200. (7-0) Mr. ~M.~a .rfln Jeffrey, 517 Rutherford .Avenue, N. E., asked if the C,ty is re.qmre~ to prov~d.e, ma. tchmg, funds for the. grant, and, ff so, which City budget hne item will be responsible for providing the matching funds. File #22-60-304.305 A report recommending authorization to participate in the Certified Crime Prevention Community Program, which is administered by the Virginia Department of Criminal Justice Services. Adopted Resolution No. 35081-100200. (7-0) be Mr. Martin Jeffrey, 517 Rutherford Avenue, N. E., inquired ~a.s to spec. ific activities to be addressed in the program and if mere will be an opportunity for citizens to receive information. File 05-236 A report recommending appropriation of $43,550.00, in connection with State aid to public libraries. Adopted Budget Ordinance No. 35082-100200. (7-0) .M.r. Marti.n. Jeffrey, 517 Rutherford Avenue, N. E., inquired 'f fund. s v~U be allo.cate~ to each branch library, and~ if so how will the determination be made. ' File 060-323 A report recommending appropriation of funds, in the amount of $12,000.00 in connection with the EMS Computer Block Grant. Adopted Budget Ordinance No. 35083-100200. (7-0) File 060-236-354-472 CITY ATTORNEY: A report lxansmitting measures authorizing issuance by the City of its general obligation bonds to fund improvements at Preston Park Primary School, Grandin Court Elementary School and Garden City Elementary School. Adopted Resolution Nos. 35084-100200, 35085-100200, and 35086-100200. (7-0) Mr. Martin Jeffrey, 517 Rutherford Avenue, N. E., inquired as to the total amount of general obligation bonds to be issued by the City. File 053-467 l0 e DIRECTOR OF FINANCE: 1. Financial report for the month of August 2000. Received and filed. File #1-10 REPORTS OF COMMITTEES: a# A report of the Water Resources Committee recommending that the City Manager be authorized to execute appropriate documents to acquire all property rights needed for construction of the Tinker Creek Greenway. Council Member Linda F. Wyatt, Chair. Adopted Ordinance No. 35087-100200. (7-0) File #2-379-468 A report with regard to the Hotel Roanoke Conference Center Commission's capital budget for fiscal year 2000-2001. lames D. Grisso, Treasurer, and .tames D. Ritchie, Commissioner. Adopted Budget Ordinance 35089-100200. (7-0) File 060-247 35088-100200 and Resolution No. 7. UNFINISHED BUSINESS: A report of the City Manager in connection with the inswuctions of Council regarding a written cooperation agreement between the City and the Art Museum of Western Virginia for funding for the Art Museum/lMAX Theatre project. Adopted Budget Ordinance 35091-100200. (7-0) File 060-277-450-538 35090-100200 and Resolution No. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 35070, on second reading, amending proffered conditions on a certain tract of land containing 0.40 acre, more or less, lying at the southeast corner of the intersection of Peters Creek Road and Lewiston Street, N. W., located at 3509 Peters Creek Road, Official Tax No. 6421133; and repealing proffered conditions accepted in Ordinance No. 29414 adopted on January 17, 1989. Adopted Ordinance No. 35070-100200 on second reading. (7-0) File #51 be Ordinance No. 35071, on second reading, rezoning certain property located at 3806 Thirlane Road, N. W., designated as Official Tax No. 6520105, from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Adopted Ordinance 35071-100200 on second reading. (7-0) File #51 Ordinance No. 35073, on second reading, permanently vacating, discontinuing and closing a .variable length and width portion of Shenandoah Avenue, N. W., extending in a westerly direction from Williamson Road, N. W. Adopted Ordinance No. 35073-100200 on second reading. (7-0) Ftc #514 de A Resolution designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. Adopted Resolution 35092-100200. (7-0) File #17-132 0 MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. vCO.u, ncil Member Wyatt commended the citizens of the Roanoke alley on the way. they responded to the tragic death .of Mr. Danny Overstreet on Frnday, September 22, 2000. She advised that at a recent meeting of the Legislative Committee, she requested that the City include legislation in the 2001 Legislative Program adding sexual ornentation to those groups that are included in non- discrimination legislation policies and procedures. Additionally, she requested that the City Manager and the City Attorney review the City's policies and procedures to insure that the City is in compliance. File #5-11-137-411 Having recently returned from a visit to Germany, Council Member Bestpitch brought greetings to the citizens of the City of Roanoke and the Members of City Council from citizens and officials of the City of Nuremberg and the Town of SchHengen. File #132 be Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HE G OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS TI:HS TIME AS A PRIORITY FOR CITIZENS TO BE HE~. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Ms..Evelyn D. B. ethel, 3.5. Patton Avenue, N. E., advised t · · receive the printed City Cou-A:, ......... hat cmzens do not Saturday before the Monday C~,~;~ugen~.U-a un..m late. Friday or early · . ? cn meeung which does not allow s~fficlent time to re. view agenda Items, arrive at s eciflc · City staffand obtain answers befo-~ -,-- .~.-- -. p .. questions, contact citizens have very little time to o~':-~'tue ~l~.lsouncn mee,ti.n.g; therefore, ·. ~Jer input. ~he stated th · · to learn !.hat cmzens are now being requested to a-'~---a-t ~ IS dl~.turbI, ng agenna Item num iff ~x,~.__ .. . _ uuress c'ouncll un~ler · her -.., ,JL,.:r r~ear~n s of C*' · trad,tionally been used in the,~ast fo .... .---g .... ltiz_ens, w_hsch has ..... t- ,,- non agenua Items· In t . snqulred ff citizens ' s,~ on..,._., ~_ ..... he future, she · will or five minutes total for aH it ........ P tern to be addressed · . z:ms to ne atltlressed. She re uest City Councd agenda be ,,ubli-~-~-.-' .... . -. q ed that the · t. ~tacu an lne l(oanoKe 'l'imes_. File 0132 Mr. Ma~.r~i. n Jeffrey, 517 R. utherford Avenue, N. E., encoura ed citize attend City Council meetinos_ obtai.- ~A..,__ _,,, .. g.. ns to raise questions as the-. dee~ ~ ..... ~ ,.o~,.~ o~ ~,ouncn agencla Items. and He advised that there are certain witnesses to the James Minor motorcycle accident, whose names will be °Iven to ..... _ . _ ~- ~ ~.aty ~vianager, and asked that als .w~.tnesses ne Interviewed because there are certain unanswered questions that should be addressed. File #5-132 The meeting was declared in recess at 5:30 p.m. to go into closed session and the meeting reconvened. CERTIFICATION OF CLOSED MEETING. (7-0) The following persons were appointed to fill vacancies: Randall Scott Sharon Metzler - Gloria EHiott - Melvin Sanders - Roanoke Neighborhood Partnership Steering Committee Special Events Committee Special Events Committee City of Roanoke Pension Plan, Board of Trustees 14 Elizabeth Neu, Chief, Economic Development Economic Development Commission New River Valley Commerce Park Study Committee Roanoke Valley Convention of Visitor's Board of Directors. A motion was unanimously adopted to waive the City residenc reqmrement f~r Ms. Metzler and Ms. Elliott as members of the Speci~ Events Committee. File #15-293-317-429-450-488-526 cC0uncil Member Harris was annointt~d ouncil's Personnel Committee. '-'- ...... as Chairperson of the City File #132 he ma. tter of appointment ofa Visio~ 2001 Co.mprehensi.ve.Plan Advisory' o. mmittee was referred ba.ek to the C,ty P!ann~ng Comm,ssmn for review, sa~d revised list to be submitted to Council at ~ts next regular meeting on Monday, October 16, 2000. File #200-424 · , u~tOlSER 10, 2000, AT 12:00 NOON ~WH/CH TIME CITY COUNCIL IS SCItE~-~ ,,-- ...... , AT RO ~ F S~ER~SO~ AT during the past decade, many effective new medications for severe mental illness have been developed, and genetic discoveries and progressive brain research continue to move closer to sound medical answers for living with or preventing severe mental illnesses; and WHERE,, science has greatly expanded the understanding and treatment of severe mental illnesses; and individuals with these disorders, though once forgotten in back wards of mental institutions, have a chance at reclaiming full and productive lives, but only if they have access to treatments, services and programs that are vital to recovery; and WHE~, depression, bipolar disorder, schizophrenia, and obsessive- compulsive disorder account for an estimated twenty percent of the world's total disability resultingfrom all diseases and injuries; and for every U. S. taxpayer dollar spent on medical research, less than one cent is allocated to schizophrenia, one of the most disabling mental illnesses; and as underscored by U. S. Surgeon General David Satcher in his 1999 landmark report on mental health, stigma toward mental 'illness remains a pervasive and potentially lethal barrier to mental illness recovery. NOFF, THEREFORE, L Ralph IC Smith, Mayor of the City of Roanoke, Virginia, in order to increase public awareness of severe mental illness and to promote greater understanding for those who suffer from the potentially disabling symptoms of these disorders, do hereby proclaim October I - 7, 2000, throughout this great All-~4merica City, as MENTAL ILLNESS AWARENESS WEEK. Given under our hands and the Seal of the City of Roanoke this second day of October in the year two thousan& WHEREAS, smoke and poisonous gases are the leading causes of death in fires, killing a person long before the flames; and underestimating the power of fire and the time required to escape a home fire place people at severe risk of fire death and injury; and WHEREAS, developing and regularly practicing a complete home fire escape plan that includes everyone in the household knowing two ways out of each room, having an outdoor location where everyone will meet, and memorizing the local fire department's emergency telephone number, is critical to safely escaping afire; and the Fire Prevention Week 2000 theme, "Fire Drills: The Great Escaper.", emphasizes the importance of having a complete escape plan and physically practicing it regularly; and WHEREAS, NFPA, the official sponsor of Fire Prevention Week, has documented almost sixty lives saved as a direct result of participation by families in "The Great Escape" over the past two years; and has for almost eighty years, successfully joined North American fire departments each year during Fire Prevention Week in a shared mission of making the public safer from fire; and WHEREAS, Roanoke Fire-EMS is dedicated to the safety of life andpropertyfrom the devastating effects of fire and is joined by other concerned citizens, as well as other emergency service providers, safety advocates, businesses, schools, service clubs and organizations, in their fire safety efforts. NOIF, THEREFORE, L Ralph K. Smith, Mayor of the City of Roanoke, Virginia, to commemorate the Great Chicago Fire of 1871 which killed more than 250 persons, lefi 100, 000 homeless and destroyed more than 17, 400 buildings, do hereby proclaim the week of October 8 - 14, 2000, throughout this great All-America City, FIRE PREVENTION ~rEEK. Given under our hands and the Seal of the City of Roanoke this second day of Oc'tober in the year two thousand. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor CITY OF ROANOKE m ifil WltEREA& during the year 2000, an estimated 182,800 new cases of female breast cancer will be diagnosed in the United States and more than 40,000 women will lose their lives, including 1,000 in the Commonwealth of Virginia; and an estimated 1,400 new cases of male breast cancer will be diagnosed this year and 400 will die of the disease; and early detection and prompt treatment can significantly reduce the suffering and deaths caused by this disease; and mammography, an "x-ray" of the breast, is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt; and the National Breast Cancer Awareness Month program is dedicated to increasing public knowledge about the importance of early detection of breast cancer. NOt~, THEREFORE, I,, Ralph K Smith, Mayor of the City of Roanoke, Virginia, do hereby proclaim October 20, 2000, as National Mammography Day and the month of October throughout this great All-America City, as NATIONAL BREAST CANCER AWARENESS MONTH. Given under our hands and the Seal of the City of Roanoke this second day of October in the year two thousand ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor the white cane is widely recognized as a symbol of independence for people who are blind or visually impaired, and has provided freedom to generations ofblind Americans by enabling them to move through their communities with greater ease, confidence, and safety; and WHEREAS, the late Dr. Kenneth Jernigan, former President of the National Federation of the Blind, was an early advocate of the white cane and the full integration of blind people into every aspect of society; Dr. Jernigan used the white cane himself and recognized its power as a means to allow blind people to leave the confines of their homes to go to school, to work, and to be active participants in their communities; and WHEREAS, today, many barriers to full inclusion for blind Americans have been dismantled through enormous advances in technology which have provided tools such as voice recognition software, computer screen readers and braille translators to assist the blind in carrying out their responsibilities on the job; and WHEREAS, the Congress, by joint resolution approved on October 6, 1964, has designated October 15 of each year as "White Cane Safety Day" to honor the achievements of blind and visually impaired citizens and to recognize the significance of the white cane in advancing independence. NOW, THEREFORE, L Ralph K. Smith, Mayor of the City of Roanoke, Virginia, in recognition of the significance of the white cane in advancing independence for the blind and visually impaired, do hereby proclaim Sunday, October 15, 2000, throughout this great All-America City, as WHITE CANE SAFETY DA Y. Given under our hands and the Seal of the City of Roanoke this second day of October in the year two thousand. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 October 2, 2000 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Ralph K. Smith Mayor RKS:sm H:~Agenda. OO~Exe. Ses on vacancies.wpd 'RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 October 2, 2000 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss a special award, being the annual Citizen of the Year Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended. Ralph K. Smith Mayor RKS:sm H:~Agenda 00~xecutive Session.wpd Roanoke City Council Regular Agenda Report October 2, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Lease of City Property - Coyner Springs The attached staff report was considered by the Water Resources Committee at its regular meeting on September 18, 2000. The Committee recommends that Council authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of an appropriate document to lease for a five year term the above City-owned property. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFVV:afm Attachments: 1 CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Ned B. Jeter, 181 Blue Ridge Blvd., Roanoke, VA 24012 #00-367 Water Resources Committee Regular Agenda Report September 18, 2000 To: e/l~l.~em~bers, Water Reso ces C m itte From: ~ Kit B. Kiser, Dire~t.o.,~ff'~lfllities & Operations thru Darle~j~)~l'ia~, City Manager /'/' Subject: Lease of ~'ity Property - Coyner Springs Background: Property located northwest of the former City Nursing Home at Coyner Springs has been leased for agricultural purposes to several individuals since the early 1970's. Through the years the City has reduced the size of the leased tract, which is now approximately 7.41 acres. See Attachment 1 for map of area. The current lease with Richard B. and Ned B. Jeter has expired. The Jeters, who have leased this tract since April 20, 1982, have requested that they be granted a five-year lease under essentially the same terms as their previous lease. See Attachment 2. Considerations: Farming of the tract serves the primary purpose of keeping it cleared and eliminating the need for City forces to keep it cleared and mowed. Lease rate is Ten Dollars ($10) per acre per year. Lessee will be required to maintain fencing as necessary and assume all liability for damage to and by their actions or actions of their livestock, machinery, equipment, employees, and guests. Liability insurance to be provided by Lessee shall be as specified in Attachment 3. Recommended Action(s): Authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of an appropriate document to lease for a five- year term the above City-owned property. DLB/KBK/SEF Attachment(s): 3 CC: VVilliam M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator H:\USER\COMMON\Council\Fitton~J ETER.VVPD #00-367 .,i ATTACHMENT 1 A'~'ACHMENT 2 RICHARD B. JETER 181 Blue Ridge Blvd. Roanoke, VA 24012 977-5314 August 2, 2000 Sarah E. Fitton Engineering Coordinator Room 350, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Dear Ms. Fitton: This letter is to advise you that we intend to continue leasing the 7.41 acres of land at Coyner Springs. We would like to request that we be able to lease the property for a term of five years. Please advise us if this is acceptable to you. Thank you for your consideration in this matter. Sincerely, ATTACHMENT 3 INSURANCE REQUIREMENTS FOR AGRICULTURAL LEASES Lessee shall obtain liability insurance coverage with respect to claims arising out of the subject matter of this agreement. The amount of such insurance shall not be less than: A. General aggregate $1,000,000 B. Products - Completed/Operations Aggregate $1,000,000 C. Personal and Advertising Injury $1,000,000 D. Each Occurrence $1,000,000 Eo Above amounts may be met by umbrella form coverage in a minimum amount of $1,000,000 aggregate; $1,000,000 each occurrence. Lessee shall name the City, its officers, agents, employees and volunteers as additional insured as its interests may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty (30) days prior written notice of such cancelation or material alteration to the Assistant City Manager for Operations of the City of Roanoke. NOTICE OF PUBLIC HEARING The City of Roanoke proposes to renew an existing lease of City-owned property located northwest of the former City Nursing Home at Coyner Springs with the existing tenants for farming of the land. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on October 16, 2000, commencing at 7:00 p.m., in the Lecture Hall of the Governor's School at Patrick Henry High School, located at 2102 Grandin Road, S.W. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 3111) day of October, 2000. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, October 8, 2000. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:\NOTICE-WRC-CCkNL-CoynerSpringsProp-Jeters-PH' I 0-16-00 Roanoke City Council Regular Agenda Report October 2, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Lease of City Property - Old Fire Station #6 The attached staff report was considered by the Water Resources Committee at its regular meeting on September 18, 2000. The Committee recommends that Council authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of an appropriate document to lease for a five year term the above City-owned property, in a form approved by the City Attorney. Respectfully submitted, Linda F. VVyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 CC: Mary F. Parker, City Clerk William M. Hackworth, City Attomey James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator #00-368 Water Resources Committee Regular Agenda Report September 18, 2000 To: From: Subject: rylembers. Water Resources Committee /~B. i~iser, Director of Utilities &~ thru Darlene L. Burch~__.~C~a~er Lease of City Property, Old Fire Station Background: Property located at 1015 Jamison Avenue, S.E. has been leased to the Southeast Action Forum or its predecessor since 1980. The current lease has expired. The Southeast Action Forum has requested that they be granted a new five-year lease under the same terms as their previous lease. See Attachment 1. Considerations: The Southeast Action Forum serves the primary purpose of maintaining the property and reducing the need for City forces to provide maintenance. Paragraph 2 of the lease provides that the Lessee shall be responsible for, without limitation, any repairs to or maintenance of plumbing or electrical systems as well as all interior design, painting, carpeting or other such items. The lease rate is One Dollar ($1.00) per year. Lessee will be required to provide liability insurance as specified in Attachment 2. Recommended Action(s): Authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of an appropriate document to lease for a five- year term the above City-owned property, in a form acceptable to the City Attorney. DLB/KBK/SEF Attachment(s): 2 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator H :\U SER\COMMON\CounciI\Fitton\FIREST~.WPD #00-368 SOUTHEAST ACTION FORUM 1015 JAMISON AVENUE S.F.. ROANOKE, VIRGINIA 24013 ATTACHMENT 1 ATTACHMENT 2 INSURANCE REQUIREMENTS Southeast Action Forum, Inc. agrees that it will protect, indemnify and save harmless the City from the claims of all persons arising as the result of the activities of the South- east Action Forum, Inc., its members, employees, and agents, in the leased premises and on the accompanying grounds, and that it will secure, maintain, pay for and keep in force, until the expiration of this lease, commercial general liability insurance written on an occurrence basis with a limit of no less than $1,000,000 (one million dollars). South- east Action Forum, Inc. shall name the City of Roanoke, its officials, officers, employ- ees, agents and volunteers as additional insureds on said policy, and shall provide the City with a copy of the certificate of insurance prior to July 1 of each year of the lease. NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease City-owned property located at 1015 Jamison Avenue, S.E., (the Old Fire Station #6) to the Southeast Action Forum under the same terms and conditions as their previous lease at the same location. Pursuant to'the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on October 16, 2000, commencing at 7:00 p.m., in the Lecture Hall of the Governor's School at Patrick Henry High School, located at 2102 Grandin Road, S.W. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 3RU day of October, 2000. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, October 8, 2000. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:\NOTICE-WRC-CCLN-L-JamisonAve to SE Action Forum - PH-IO-16-00 Roanoke City Council Regular Agenda Report October 2, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Surplus City-owned Property, Tax No. 4013701 The attached staff report was considered by the Water Resources Committee at its regular meeting on September 18, 2000. The Committee recommends that Council authorize the advertisement of the City-owned parcel identified by Tax No. 4013701 for sale at a minimum price of $10,000 and authorize a public hearing on the sale of surplus property. Lacking any comments to the contrary, approve the conveyance of the property to the highest bidder. Purchaser is to be responsible for all title work, surveying, plat preparation, and preparation of legal documents, in a form acceptable to the City Attorney. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator #00-370 T ~ Water Resources Committee Regular Agenda Report To: From: Subject: September 18, 2000 Uemb~s~,~,ater Resources Committee · ser, Uir~ctor of Utilj~s ~&,~'~ns thru Darlene L~~~l[l~a~n~-ger .... Surplus City-o~v'ned Propert~ Tax No. 4013701 Background: Property is located at the corner of Bullitt Avenue and Sixth Street, S.E., and was ac- quired by the City in 1965. It is in a residential area (RM-2) and contains approximately 11,000 s.f. The lot has been assessed by the Office of Real Estate Valuation for $10,000. City policy requires surplus property to be advertised and sold to the highest bidder if property can be used to construct a separate structure. Considerations: The property is no longer needed by the City. The City would be relieved of the cost of continued maintenance of the property. Sale of the property will produce income for the City and will return the property to the tax base. Recommended Action(s): Authorize the advertisement of the City-owned parcel identified by Tax No 4013701 for sale at a minimum price of $10,000 and authorize a public hearing on the sale of sur- plus property. Lacking any comments to the contrary, approve the conveyance of the property to the highest bidder. Purchaser is to be responsible for all title work, survey- ing, plat Preparation, and Preparation of legal documents, in a form acceptable to the City Attorney. DLB/KBK/SEF Attachment(s): I CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator H:\USER\COMMON\CounciI\Fitton\SURPLUS 1 .VVPD #00-370 NOTICE OF PUBLIC HEARING The City of Roanoke proposes to sell surplus City-owned property located at the comer of Bullitt Avenue and Sixth Street, S.E., to the highest bidder. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on October 16, 2000, commencing at 7:00 p.m., in the Lecture Hall of the Governor's School at Patrick Henry High School, located at 2102 Grandin Road, S.W. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this :~ltn day of October, 2000. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, October 8, 2000. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 N:\CADC2qotices2qS-SurplusProp-Bullitt & Sixth St - PH-10-16-00 MARY F. PARKER, CMC civff Cle~k CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mail: ¢lerk@¢i.roanoke.va. us STEPHANIE M. MOON ~ Ci~ Cl~k October 4, 2000 File #15-110-323 Michael L. Ramsey, Chairperson Roanoke Public Library Board 3015 Carolina Avenue, S. W. Roanoke, Virginia Dear Mr. Ramsey: This is to advise you that Rochelle S. Nolan has qualified as a member of the Roanoke City Public Library Board for a term ending June 30, 2003, Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc pc: Emily Keyser, Acting Director, Department of Libraries Stephanie M. Moon, Deputy City Clerk '00 ~.'.,,.~., - '[g P3:47 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Rochelle S. Nolan, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke City Public Library Board for a term of three years beginning July 1,2000, and ending June 30, 2003, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this /~day of..~-/~2000. ARTHUR B. CRUSH, III, CLERK BY ,DEPUTY CLERK C:'x/VIyFiles\j une 19.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, James D. Grisso, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Director of Finance of the City of Roanoke for a term of two years, commencing October 1, 2000, and ending September 30, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me thisc~.oc/day of ~-~_~-~- 2000. ARTHUR B. CRUSH, III, CLERK BY , DEPUTY CLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, William M. Hackworth, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as City Attorney of the City of Roanoke for a term of two years, commencing October 1, 2000, and ending September 30, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me thCT~_~d~d00. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mary F. Parker, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as City Clerk of the City of Roanoke for a term of two years, commencing October 1,2000, and ending September 30, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me thi~'~-~day of~ 2000. ARTHUR B. CRUSH, III, CLERK ,DEPUTYCLERK CITY OF ROANOKE Office of the C~ty Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #109-110-353-467 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, October 2, 2000, Christene A. Montgomery, President, Mayor's Committee for People with Disabilities, presented the Annual Report. A request for funds to duplicate the Roanoke City Public Schools was recommendation to Council. "Common Ground" video for distribution to the referred to the City Manager for report and Sincerely,~)~~ ~'~' ~~ Mary F. Park~er, CMC City Clerk MFP:vbc pc; Christene A. Montgomery, President, Mayor's Committee for People with Disabilities, 622-A Walnut Avenue, S. W., Roanoke, Virginia 24016 To: FROM: DATE: RE: ALL ELECTED OFFICIALS PEOPLE WITH DISABILITIES TODAY AND EVERYDAY SUPPORT THE AMERICANS WITH DISABILITIES ACT (ADA) SPIRIT OF ADA PLEDGE FOR ELECTED OFFICIALS AND POLICY MAKERS I do hereby pledge to support the goals of equality of opportunity, full participation, independent living and economic self-sufficiency for all people with disabilities, and to honor the 10th anniversary of the Americans with Disabilities Act (ADA) and the 25th anniversary of the Individuals with Disabilities Education Act (IDEA) by renewing my personal commitment to the following: · Full implementation of and compliance with the federal civil rights laws ADA and IDEA; · Increased outreach and technical assistance so that people with disabilities and fami- lies are educated on their dghts under ADA and IDEA; and · Adequate funding for monitoring, oversight and enforcement of ADA and IDEA. By promoting the goals of ADA and IDEA, I hereby reaffirm my pledge to an America that lives up to the promise of liberty and justice for all. Signed: Date: Address: Phone: Emaih Please mail to: Amedcan Association of People with Disabilities (AAPD) 1819 H Street, Suite 330 Washington, DC 20006-3603 202/757-0473 (Fax) You may also sign the pledge on-line at: www. spiritofada.org 5 MAYOR'S COMMITTEE FOR PEOPLE WITH DISABILITIES BY-LAWS SEPTEMBER 21, 20001DECEMBER 21, 2000 ARTICLE I NAME Section 1 The name of this organization shall be the "Mayor's Committee for People with Disabilities." ARTICLE II PURPOSE Section 1 To stimulate the development of maximum opportunities for people with disabilities' and to encourage their full participation in the life of the community. To support this mission, the Committee shall operate on a year-round basis, with promotional efforts targeted'to the quality of life for citizens with disabilities. Section 2 To cooperate with the federal and state parent organizations in utilizing recommended methods for promoting the overall well-being of people with disabilities. Section 3 To cooperate with other local civic and community groups in efforts to maximize opportunities for citizens with disabilities. Section 4 To provide guidance to the Mayor, City Council Members, City Officials, and others concerned with issues affecting citizens with disabilities. Page 1 of 4 ARTICLE III OFFICERS AND MEMBERS Section 1 The Committee Chairperson and Vice-Chairperson will be appointed yearly by the Mayor of the City of Roanoke. The Steering Committee may make recommendations for Chairperson and Vice-Chairperson to the Mayor with the final decision being that of the Mayor. The Chairperson and Vice-Chairperson may succeed themselves as many times as the Mayor designates. The Chairperson and Vice-Chairperson are to be appointed in December each year to assume duties of their office, effective January 1. Section 2 There shall be a Secretary provided by the City as staff support to the Mayor's Committee for People with Disabilities. The Steedng Committee will appoint a member from the Steering Committee to serve as Treasurer. : Section 3 Members of the Mayor's Committee for People with Disabilities will be volunteers from government, industry, private agencies, civic clubs, veterans organizations, and private citizenry. Section 4 With the exception of the Secretary, all officers and members are to serve voluntarily. ARTICLE iV SUBCOMMITTEES Section 1 The Steering Committee shall appoint subcommittee chairpersons from the General Membership who wilt, in tum, solicit members from the General Membership. Subcommittees will be comprised as follows: Employment, Membership, Public Relations, Recreations, Special Projects, and Transportation. The Subcommittee Chairpersons will be appointed in December each year to take effect on January 1. Section 2 The Steedng Committee will coordinate the work of the subcommittees; provide a central point for clearance of all Committee activities and issues; determine direction and progress and recommend accordingly to the General Membership. The Steedng Committee will be composed of the current chairperson, current vice-chairperson, immediate past chairperson, subcommittee chairpersons and subcommittee co-chairs of the Mayor's Committee for People with Disabilities. Written resignations will be required from Steedng Page 2 of 4 Committee members to resign, and must be submitted to the Steedng Committee. To fill vacancies on the subcommittees due to resignations the Steedng Committee shall appoint subcommittee chairpersons from the General Membership. Vacancies due to resignation of the Committee Chairperson and Vice-Chairperson will be filled by appointment of the Mayor of the City of Roanoke. All decisions will be approved by a majority vote of the General Membership present at the next General Membership meeting. Section 3 Subcommittee membership will be established at the first quarterly General Membership meeting of each calendar year. Membership will be solicited relative to the specific annual Committee objectives. Subcommittees shall meet at least quarterly and provide written summary of their activities to the Chairperson no later than two (2) weeks prior to the General Membership Quarterly Meeting for dissemination to the membership at large. Subcommittee members will be encouraged to serve from year to year to provide continuity to the work of the overall Committee. New members may volunteer for subcommittee membership at anytime during the year. Section 4 Subcommittees may, as deemed appropriate and necessary, invite other community groups and interested, individuals to assist in subcommittee work. ARTICLE V MEETINGS Section I There shall bea minimum of four General Membership meetings each year, called by the Chairperson. The agenda for these meetings will be determined by the Steering Committee and will include educational programming. Section 2 At the first quarterly meeting of the calendar year, membership will consider and adopt the bylaws, mission, goals and objectives of the Committee and membership for the Subcommittees will be established, Section 3 At the final quarterly meeting of the calendar year, officers and subcommittee chairpersons will be approved by a majority vote of the General Membership present at the meeting. Page 3 of 4 ARTICLE VI AMENDMENTS These By-Laws may be repealed or amended by a request of the Steedng Committee to the General Membership and a vote of two-thirds of the General Membership present at any General Membership meeting. Any proposed change(s) made to the By-Laws will require approval by a vote of two-thirds of the General Membership present at two consecutive General Membership meetings. The Chairperson will notify the Membership of such meeting and shall specify the proposed changes. The By-Laws under date of September 21, 2000/December 21,2000 were presented by the Steedng Committee of the Mayor's Committee For People With Disabilities at two consecutive General Membership meetings on September 21, 2000 and December 21, 2000 and have been approved by a two-thirds majodty vote of the membership in attendance at said meetings. The By-Laws under date of September 21,2000/December 21, 2000 supersede all previous versions of Mayor's Committee For People With Disabilities By Laws. Given under our hands this day of in the year 2000. Chairperson Secretary Page 4 of 4 MAYOR'S COMMITTEE FOR PEOPLE WITH DISABILITIES Report to City Council October 2, 2000, 3 p.m It is an honor to appear here today and to be able to thank City Council and City staff for your help with the many projects of the Mayor's Committee this year. In June, Shauna Hudson and our parks and Rec. staff did an excellent job of making our annual picnic an enjoyable experience. We were pleased to be able to meet Mayor Smith, Mr. Bestpitch, Mr. Carder, and Ms. Burcham. We thank you for taking time from your busy schedules to visit with us at our picnic. There is not enough time to thank everyone who has worked for and with us this year but we must thank our City Attorney, Mr. Hackworth for reviewing our By-Laws and providing us with much needed suggestions, (a copy has been given to you); Ms. Johnson, Secretary to the Mayor, for answering calls for help so cheerfully; and, Ms. Parker, our City Clerk, for her invaluable assistance. We are very pleased to have Mr. Hudson as our liaison to City Council. We appreciate his interest and support. We are glad for your response to the need for closed captioning of City Council meetings and Roanoke City Show. It is our understanding that this expense has been included in RVTV's current budget. We have been told that Roanoke County shows will be closed captioned beginning this month. We hope that the City's programs will be captioned when you move back to Council Chambers. We would like to invite you to attend the Rising Expectations Independence Expo (our tenth year) at Valley View Mall on October 19 from 10 a.m. to 4 p.m. There will be more than 50 vendors displaying products and services for seniors and people with disabilities and three related workshops presented. We will display art produced by local high and junior high school students for our "Abilities Can Be Different" art contest. This is the third year for our school contest and it has proven to be an excellent tool to introduce our students to disability concerns (see flyers). Each City Council member has been provided a copy of a video produced by Elaine Simpson at RVTV titled "Common Ground." This video is closed captioned. It is an introduction to disability and aging issues. It features our neighbors, people who live and work in Roanoke City, Roanoke County and Salem. There is no way I can praise Elaine and her crew enough for the excellent job they have done producing this video. We searched long and hard to find someone to do this video. We were very lucky the project was adopted by the Roanoke County Seniors and Challenged Citizens Commission. The video could not have been done without the work of the Commission and Debbie Pitts and Elaine Simpson. In my opinion, it is a masterpiece. The Mayor's Committee, with an unanimous vote at our September meeting, asked that I request funding from the City so that we can provide this video to our schools, libraries and other organizations that could benefit. We hope that each of you have viewed the video. We are sure that you will agree that it is an excellent educational tool. How do we make a request to Roanoke City for $1000 to cover this reproduction cost? We invite each of you to our December 21 General Membership meeting at 10 a.m. Our quarterly meetings are open to everyone. The ladies at High Street Baptist Church will serve us a breakfast which is sponsored by Valley Metro. High Street Baptist Church Members know what accessibility is about (attitude)--they welcome us with open arms. This is a very brief recap of our activities and concerns. Thank you for you attention and support in the past year. We look forward to working with and for you in the coming year. Christene A. Montgomery President, Mayor's Committee for People with disabilities MAYOR'S COMMITTEE FOR PEOPLE WITH DISABILITIES STEERING COMMITTEE MEMBERS October 2000 PURPOSE: Serves as Governing Board for Mayor's Committee ROANOKE CITY COUNCIL LIAISON: Councilman W. Alvin Hudson PRESIDENT: Christene A. Montgomery, Community Volunteer 622-A Walnut Avenue SW, Roanoke VA 24016, 540-342-0326 PRESIDENT-ELECT: (vacant) PAST-PRESIDENT: Karen B. Michalski, Blue Ridge Independent Living Center, Inc. 1502-D Williamson Road NE, Roanoke VA 24012, 540-342-1231 PAST-PRESIDENT: William C. Martin, Paralyzed Veterans of America 210 Franklin Road SW, Roanoke, VA 24011,540-857-2722 EMPLOYMENT SUB-COMMITTEE CO-CHAIRS: Patricia Miles, Department of Rehabilitative Services 3433 Brambleton Avenue SW, Roanoke VA 24018, 540-776-2715 and Dan Semones, Department of Rehabilitative Services 3433 Brambleton Avenue SW, Roanoke VA 24018, 540-776-2740 MEMBERSHIP SUB-COMMITTEE CHAIR: (vacant) PUBLIC RELATIONS SUB-COMMITTEE CHAIR: Judy Jackson, Community Volunteer PO Box 13562, Roanoke VA 24035-3562, 540-819-2606 RECREATION SUB-COMMITTEE CHAIR: Linda Dudley, Verizon (Bell Atlantic Telephone Company) 225 Franklin Road SW, Roanoke VA 24011, 540-982-4050 SPECIAL PROJECTS SUB-COMMITTEE CHAIR: Gordon P. Davidson, Blue Ridge Independent Living Center, Inc. 1502-D Williamson Road NE, Roanoke VA 24012, 540-342-1231 TRANSPORTATION SUB-COMMITTEE CO-CHAIRS: Curtis A. Andrews, RADAR PO Box 13825, Roanoke VA 24037-3825, 540-343-1721 and Donald E. Elder, Department for the Visually Handicapped 210 Church Avenue SW, Suite 308, Roanoke VA 24011,540-857-7122 ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 12, 2000 AGENDA ITEM: Request from the Senior and Challenged Citizens Commission for funding the reproduction of a public awareness video series and an update on commission activities. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: In 1997, the Board of Supervisors appointed the Commission for Senior and Challenged Citizens to look at the needs of this population in Roanoke County. The Commission has met regularly since January 6, 1998 looking at a number of topics, but focusing on the issues of Education. Transportation, Accessible Housing, and the Americans with Disabilities Act (ADA). On July 14, 1998. the Commission presented two recommendations to the Board. These contained recommendations on improvements for Special Education services in the County Schools and Transportation services for citizens through the CORTRAN service. The Commission has also concluded through their research that many wonderful services are available tbr citizens; however, in most cases, citizens are not aware of these services. Rather than recommend the creation of additional services the commission has been working with RVTV to produce a series of public awareness videos to improve communication with our citizens. We are very pleased to announce that the first video, Common Ground, has been completed and is the first closed-captioned video produced by RVT¥. This video prompted RVTV and the valley governments to support closed-captioning of the broadcasts of city council and board meetings. The second video on Transportation Services for Senior and Challenged Citizens is under production and will be completed by the end of September. The third video in the series will be on ADA or education services. We would like to publicly thank RVTV and its dedicated staff for working with us on the video series. The Commission is currently working on a recommendation for affordable and accessible housing, ADA compliance issues, employment for senior citizens and individuals with disabilities, and public awareness. The public awareness initiative will include seminars, lectures, community meetings, print and broadcast media. SUMMARY OF INFORMATION: The Common Ground video is currently running on RVI'V: however. the Commission would like to distribute it and the subsequent videos to area schools, libraries, clubs. churches, and organizations. The production of the videos is free through RVTV; however, we are responsible for duplication and mailing costs. We are requesting permission to reproduce and distribute the video series and will need $1,000 to cover the expenses of making this available to the public. FISCAL IMPACT: $1,000 ALTERNATIVES: Do not reproduce and distribute the videos. STAFF RECOMMENDATION: Staff recommends that the Board provide support and funding for the Commission's public awareness program for the citizens of Roanoke County. For Senior Citizens, Children & Adults with Disabilities, and Their Advocates 10t~ ANNIVERSARY INDEPENDENCE EXPO VALLEY VIEW MALL Thursday, October 19, 2000 10 a.m. to 4 p.m. Lower Level ABILITIES CAN BE DIFFERENT Art Created By Students from Ama Schools on Display Illustrating Abilities of People with Disabilities FREE FREE 50+ EXHIBITORS RESOURCES, SERVICES, & TECHNOLOGY to ENHANCE INDEPENDENCE Consultants & Therapists with Hundreds of Products & Services for You to Examine, Test, & Preview FREE FREE SEMINARS 12:30 p.m. HEARING IMPAIRED SERVICES I Deaf & Hard of Hearing Service Center 1:30 p.m. ASSlSTIVE TECHNOLOGY I Woodrow Wilson Rehab Center 2:30 p.m. CHILDREN'S PROGRAMS / Easter Seals Virginia FREE round-trip transportation to Valley View Mall on October 19th for qualified persons with disabilities in area. Call Valley Metro, 982-0305 for bus VIP PASS. For CORTRAN/STAR services, call 343-1721 by October 8th to schedule on October 19. RISING EXPECTATIONS Events are supported entirely by volunteers and donations. We appreciate your comments, suggestions, and support. Planning Committee Members: Blue Ridge Independent Living Center/Gordon Davidson, Consultant/Walter Sabin, Deaf & Hard of Headng Service Center/Betti Thompson & Kay Seib, Easter Seals Virginia/Jenifer Toney, Lions Club of New Castle/Paul Paradzinski, Mobility Plus/Clay Highberger, Radford University T/TAC/Alice Anderson, Roanoke Valley SPCA/Don Thorne, United Home Healthcare/Ken Woodson, US Forest Se~ice, Valley Matro/Terry Russell & Tabitha Cooper, Valley V*~=w Mall/Mandy York, Virginia Department of Rehabilitative Services/Dan Semones & Patricia Miles, Virginia Dept for the V"mua~y Handicapped/Debra Helms. Information call Chairperson, Christene Montgomenj, (540) 342-0326. INDEPENDENCE EXPO 10th ANNIVERSARY DESIGN YOUR ENTRY CONTEST "ABILITIES CAN BE DIFFERENT" Open to All High School & Junior High/Middle School Students in Roanoke City, Roanoke County, Salem, & Vinton. Winner from Each School WIN $25 Gift Certificate & 1s' Place Ribbon Help Your School Win $50 Gift Certificate Each Participant Awarded a Certificate of Recognition. All Entries will be Displayed at Valley View Mall on Thursday, October 19, 2000, at Rising Expectations Independence Expo. For Details See . Your School Contest Coordinator The purpose of this contest is to increase the awareness of the abilities of people with disabilities. Entries must be submitted to school contest coordinator no later than 3:00 p.m., October 5, 2000. RISING EXPECTATIONS Events are supported entirely by volunteem and donations. We appreciate your comments, suggestions, and support. Planning Committee Members: Blue Ridge Independent Living Center/Gordon Davidson, Consultant/Walter Sabin, Deaf & Hard of I-leafing Service Center/Betti Thompson & Kay Seib, Easter Seals Virginia/Janifer Toney, Lions Club of New Castle/Paul Paradzinski, Mobility Plus/Clay Highberger, Radford University T/TAC/Alice Anderson, Roanoke Valley SPCA/DOn Thorne, United H(xne Healthcare/Kan Woodson, US Forest Service, Valley Metro/Terry Russell & Tab#ha Cooper, Valley V~w Mall/Mandy York, V~g~a Oepadmeet o~ Rehabili~i~e Ser~icas/Dan Semonas & Patricia Miles, V~g~ Oe~t for the %r~ua~y Handicapped/Debra Helms. Information call Chairperson, Christane Montgomep/, (540) 342-0326. C/O Blue Ridge ILC 1502-D Williamson Road, NE Roanoke, Virginia 24012 10~h ANNUAL INDEPENDENCE EXPO 'Abilities Can Be Different" Thursday, October 19, 2000 10 a.m. - 4 p.m. Valley View Mall, Roanoke For additional information call Christene Montgomery 540-342-0326 TTY 711, Virginia Relay SPONSORED BY Blue Ridge Independent Living Center Deaf & Hard of Hearing Service Center Easter Seals Virginia Lions Club of New Castle Mobility Plus RADAR Radford University T/TAC Roanoke Valley SPCA United Home Healthcare USDA Forest Service Valley Metro Valley View Mall Virginia Department of Rehabilitative Services Virginia Department for the Visually Handicapped October 10, 2000 TO: All Teachers Interested in Disability Awareness In Roanoke City, Roanoke County, and Salem City High Schools and Junior High/Middle Schools RE: Rising Expectations School Art Contest Please review the attached contest information. We hope that you will help us with this project and that each of you will give your students an opportunity to learn more about disability issues and people with disabilities. Please call me at 342-0326 when your entries are ready. I will need the school contact person and phone number to schedule pick up. If you have entries and a problem with the deadline, need more information or additional forms, please call me. If you need someone within your school system to provide information please contact: Mr. Dennis Bevins, Roanoke City Schools Administration Office; Dr. Linda Weber, Roanoke County Schools Administration Office; Ms. Dawn Hartless, Salem High School. Your continued support of our disability education efforts are appreciated. Thank you for all you do for our community and each of us. Sincerely, Christene Montgomery, Chair RISING EXPECTATIONS Copy to: Mr. Dennis Bevins, Roanoke City Schools Dr. Linda Weber, Roanoke County Schools Ms. Dawn Hartless, Salem City Schools INDEPENDENCE EXPO DESIGN YOUR ENTRY CONTEST RULES "ABILITIES CAN BE DIFFERENT" PURPOSE: The purpose of this contest is to increase the awareness of the abilities of people with disabilities. demonstrate how you support the theme "Abilities Can Be Different." Your entry should DEADLINE: Entries must be submitted to school coordinator no later than 3:00 p.m., Thursday, October 5, 2000. SCHOOL COORDINATOR: RULES: 1. Entries should portray positive image(s) of person(s) with disabilities and increase the awareness of the abilities of people with disabilities. Entries will be judged on originality, creativity, completeness and accuracy. 2. Entry may be a drawing, painting, picture, poem, narrative, or three-dimensional model portraying individual(s) with disabilities in slice-of-life situations within the community. Medium used to be selected by entrant. 3. Maximum size of entries can be no larger than standard poster board. If three dimensional entry overall size must be no larger than 24 inch length, 18 inch depth and 18 inch height. Poems and narratives are to be typed and no longer than one letter or legal size page with one inch margins and a minimum font of 12cpi. 4. The attached entry form must be completed with entrants name, school, grade, and school coordinator's name; and, securely attached to back of entry or if three dimensional entry form must be securely attached to bottom of model. 5. Contest open to all high school/junior high/middle school students in Roanoke City, Roanoke County, Salem, & Vinton. 6. Each school with entries is to select one winner from their school. The winner from each school will be awarded a $25 gift certificate and First Place Ribbon. If the winning entry from any school is a team effort, the school coordinator will be responsible for distribution of the award. 7. A $50 gift certificate will be awarded to the high school and a $50 gift certificate will be awarded to the junior high/middle school with the most entries. 8. Each participant will be awarded a Certificate of Recognition and all entries received will be displayed at Valley View Mall on Thursday, October 19, 2000, during the Rising Expectations Independence Expo. DISBURSEMENT OF PRIZES' Winners will be announced and awards presented at 11:30 a.m. on Thursday, October 19, 2000, at the Rising Expectations Independence Expo at Valley View Mall. Unclaimed awards will be delivered to the winner's school by October 31, 2000. SUPER I NTENDENT OFC 540 853 2951 P.01×01 September 6, 2000 Mrs. Man/F. Parker, CMC Clerk, City of Roanoke 215 Church Avenue, SW, Room 456 Roanoke, VA 24011-1536 Dear Ms. Parker; Roanoke City Public Schools is appreciative of the opportunities we have had to present instructional programs at City Council meetings. The superintendent would like to present a program regarding the Blue Ridge Technical Academy at the October 2, 2000, 3:00 p.m. City Council meeting. At your earliest convenience, would you let me know if this item can be included on the October 2 agenda. Please call me at extension 2381 or feel free to send an e-mail to clee~_.meil.roanoke.k 12.v_a.us. I look forward to hearing from you. Sincerely, Cindy H. Lee, CPS Administrative Assistant to the Superintendent TOTAL P.O1 SEP-~8-2000 09:30 540 853 2951 98~ P.O1 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #20-67 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke, which was held on Monday, October 2, 2000, the following persons addressed Council regarding the question of opening Wiley Drive to vehicular traffic: E. Duane Howard Lisa Knappe Amy Board Hume Powers William Lavin James Armstrong Sue Snellings Bob Zimmerman Debbie White Amy Beard Bob Fetzer 508 B Walnut Avenue, S. W. 2220 Westover Avenue, S. W. 912 Winchester Avenue, $. W. 2641 Nottingham Road, $. E. 3062 Carolina Avenue, $. W. 619 Highland Avenue, $. W. 2230 Charlevoix Court, S. W. 1510 Langhorn Street, S. E. 3009 Dover Drive, S. W. 912 Hamilton Avenue, S. W. 2402 Stanley Avenue, $. E. On motion, duly seconded and unanimously adopted, the question of whether Wiley Drive will be opened for vehicular traffic was referred to you for study and report to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Darlene L. Burcham October 4, 2000 Page 2 pc: E. Duane Howard, 508 B Walnut Avenue, S. W., Roanoke, Virginia 24016 Kit B. Kiser, Assistant City Manager for Operations George C. Snead, Jr., Assistant City Manager for Community Development Robert K. Bengtson, Director, Department of Public Works Wanda B. Reed, Acting Director, Department of Parks and Recreation Fax Name: Organization: Fax: Phone: From: Date: Subject: Pages: The Honorable W. Alvin Hudson, Jr. Roanoke City Council Member 853-6384 Christene Montgomery September 27, 2000 Smith Park and Wiley Drive and Mayor's Committee meeting last Thursday 1 The Mayor's Committee for People with Disabilities has made no determination as a group on the issue of Wiley Drive being opened or closed. The topic has been discussed at several meetings with few comments from members. I think that few members that attend the meetings live in Wasena or Old Southwest or visit these parks. My personal wish is that the road be open through Smith Park and Wasena Park. I have said this at the Parks & Rec workshops. I have said this at City Council meetings. I also informed Council that my words were personal preference, that I was not speaking for any of the groups I chair. I believe that closing the road will increase problems (crime) in the park, contribute to less police patrol, be a problem for access to Roanoke Memorial Hospital and South Roanoke areas (the other parks including Mill Mountain, the stadium, Recreation Department, etc.) by those of us who live on this side of Franklin Road. I especially like to drive through the park for pleasure and miss not being able to stop on the river bank in my car to eat lunch and sometime a late breakfast (from McDonalds). I also know that I am but one voice and the majority rules. I trust you, the other members of City Council, and our City Officials responsible for this decision will do what is best for the most people and wish you all good luck. Thank you for your attention to this. Sincerely, Christene A. Montgomery 622-A Walnut Avenue SW Roanoke, Virginia 24016 540-342-0326 FOR YOUR INFORMATION. Mary In the next few weeks, if not sooner, the City will be signing a contract to begin traffic calming work in Smith Park. If you support keeping the Park closed to traffic here's how you can help: 1) Attend the next City Council meeting, Oct. 2nd at Fallon Park Elementary School at 3 :P.M and address council with your views. ,: 2) Write a letter to the Editor of the Roanoke Times 3) Phone, fax, or email the City Manager Help preserve this traffic free environment for generations to come, "It's Roanoke's future" Email: WeR4SavSmithPark~aol. com Phone: 540-982-1085 SCOLI!S O[ At~E~CA ~OY Charles Stallings Program Coordinator Scout Reach Blue Ridge Mountains Council 2131 Valley View Blvd. Roanoke, Virginia 24012 540-265-0656 '~ ~,~ Fax 540-265-0659 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #270-472 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your report recommending that Council concur in proposed Capital Maintenance and Equipment Replacement Program expenditures, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc pc: James D. Grisso, Director of Finance Barry L. Key, Director, Department of Management. and Budget Roanoke City Council Regular Agenda Report October 2, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Capital Maintenance and Equipment Replacement Program Background: Section 2-189 of the City Code established a reserve from the year-end General Fund balance for capital maintenance and equipment replacement items. The intent of the Code was to provide a method to fund equipment purchases, maintenance, and other one-time allocations. The Fiscal Year 1999-00 General Fund balance designated for the Capital Maintenance and Equipment Replacement Program (CMERP) is $4,708,412. After reducing this amount by $400,626 for Street Paving funding that was reappropriated into the current year operating budget, $4,307,786 of CMERP funds are available for appropriation. CMERP requests from General Fund departments, excluding technology requests, totaled $5.7 million. Technology requests from all departments totaled $2.6 million. ^ list of the CMERP funding recommendations is attached (Attachment 1) and can be classified into the following categories: · Additional Funding (PriorYear Items) $ 12,902 · Office Furniture and Equipment $ 50,577 · Equipment $ 634,059 · Capital Maintenance $1,948,941 · All Other $ 560,102 · Technology $1,101,205 City Council has appropriated funding for the following time-critical projects included in the categories above: · New Police Building Phase II (Capital Maintenance) - $282,000 · Greater Gainsboro Property Acquisition (All Other) - $165,102 · Greater Gainsboro Infrastructure Improvements (Capital Maintenance) - $250,000 Enterprise and Internal Service fund departments primarily fund capital needs from their own retained earnings. Funding recommendations for these departments are also included in Attachment 1. Honorable Mayor and Members of City Council October 2, 2000 Page 2 Recommended Action(s): City Council concur with the CMERP funding recommendations. Attachments: 1 Respectfully submitted, Darlene L. Burch~lm City Manager C~ James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk #00-60 Attachment 1 Capital Maintenance and Equipment Replacement Program (CMERP) Recommended Expenditures - Justification Prior-Year Carryover Items - $12,902: Prior-Year Carryover Items - $12,902 - As a result of the reallocation of CMERP funding for environmental issues at the Public Works Service Center and the actual cost of selected items exceeding the estimated cost, $12,902 is needed to fully fund Phase III of Topography Mapping and Orthophotography. This item is a carryover from a prior year. Office Furniture and Equipment - $50,577: Circuit Court Judge - Stand-up Desk - $3,000 - A stand-up desk is needed for a Circuit Court Judge. Electoral Board/Registrar - Work Station Units - $10,250 - Work stations are needed to replace current furniture which is in poor condition, and to make more efficient use of limited work and storage space. Juvenile Court Clerk - Three (3) Judges Chairs - $2,700 - Replacements are needed for three judges chairs in three Juvenile Courtrooms. Police - Two (2) Desks and One (1) High-back Chair - $1,402 - Current furniture in Crime Prevention and Northside Commander's office, originally obtained from surplus, has deteriorated and is in need of replacement. 5. Recreation: Furniture for Mill Mountain Interpretive Center- $18,575 - This new visitor center requires furnishings for its professional meeting area, visitor education section, staff office, and working spaces. Folding Tables, Chairs and Other Furnishings for Recreational Centers - $14,650 - Replacement of worn and damaged furnishings at recreation centers is needed to improve service to the public and potential for recruiting corporate sponsors. Equipment Needs - $634,059: Civic Facilities/Victory Stadium - Public Address System - $4,000 - A public address system is needed to replace the system stolen from Victory Stadium. Page 2 2. Fire/EMS: Twenty-four (24) Integrated Personal Alarm Safety System Devices - $20,000 - Phase two of five phases to meet National Fire Protection Agency firefighter safety equipment standards; units are attached to air packs and emit a loud shrill signal if a firefighter goes down in a fire. Twenty-one (21) Self-Contained Breathing Apparatus Air Bottles - $11,500 - Over the next two to three years, current wear-dated air bottles must be replaced with new-style bottles that have an unlimited life span. Air Compressor Self-Contained Breathing Apparatus (SCBA) Bottle Filling Station - $40,000 - This state-of-the-art high capacity air compressor is needed to meet National Fire Protection Agency standards for rapid fill of SCBA air bottles used by firefighters and depleted during fires and training. Forest/Brush Fire-fighting Equipment - $5,000 - This purchase will assist in providing skid-style, ready-to-go equipment not presently available for fighting forest or brush fires. 3. Libraries: Compact Mobile Shelving for Audiovisual Materials - $10,000 - Shelving is needed to house audiovisual materials. Six (6) Sections of Double-faced Metal Shelving - $5,400 - Purchase of these 90" tall metal units is needed to accommodate additional materials for the Law library. 4. Parks and Grounds: Four (4) Zero-Turn-Radius 48" Riding Mowers - $27,200 - These mowers are needed to speed up mowing progress on medians and islands within the City. Boom Mower - $15,000 - This mower, with a four-foot deck, will allow safe mowing of right of way areas, sloped banks and the inside of guard rails. The mower will be mounted on an existing Parks and Grounds tractor. Park Furnishings (tables, grills, benches, trash receptacles, fountains) - $127,000 - Replacement of various substandard and deteriorated park furnishings is needed to meet citizen requests for improved services to the community. Page 3 Ei.clht (8) Hydro/Walk-behind 48" Mowers with Attachments - $32,800 - Two (2) additional and six (6) replacement units are needed to improve grounds maintenance capabilities; units are in daily use. 5. Parks and Recreation: Fitness Equipment for Jackson Middle School Family Fitness Center - $47,716 - The purchase of this equipment is needed to provide similar fitness center capabilities as at the Breckinridge, Woodrow Wilson and Addison centers, resulting in increased memberships and revenue. Equipment and Amenities for Recreational Centers - $36,250 - To improve the appearance and usefulness of several recreation centers, non- fire-retardant curtains, malfunctioning mini-blinds, and refrigerators need to be replaced. New signage will also be installed. Six (6) Steel Storage Boxes and Three (3) Scoreboards - $22,200 - Storage boxes are needed to house materials and equipment used to prepare and maintain ballfields. Scoreboards are needed to improve scoring and timekeeping for games. Municipal Pool Equipment - $32,902 - To enhance patronage and revenues, worn and unusable pool umbrellas, lounge chairs and lane-line storage reels need to be replaced. In addition, the pools would benefit from installing two 16' pool slides. 6. Police: Twenty-four (24) Mobile In-Car Video Systems - $90,216 - Units will be used to record traffic stops, pursuits, surveillance situations and for recording of calls when officers are out of camera visibility range. Cameras can also be used for videotaping the transporting of prisoners, crime, and accident scenes. bm Emergency Response Vehicle Equipment - $11,055 - Protective screens, siren speakers, speaker control heads, light control boxes and directional light control panels need to be replaced. Three (3) Falcon HR-12 Handheld Radar Systems - $4,800 - With the expansion of radar enforcement to the entire Patrol Division, these units are needed to increase traffic monitoring in such areas as the Expressway and other high-volume routes. Three (3) Golden Eagle Radar Systems - $6,000 - These units are needed to enhance traffic monitoring in high-volume areas and allow monitoring both Page 4 directions of traffic through stationary or mobile use. Tractor with Attachments for Mounted Patrol Stable - $20,000 - This tractor, with mower, loader and blade attachments, is needed to maintain the grounds of the Mounted Patrol Stable. 7. Solid Waste Management: Five hundred (500) Toter 96-.qallon Cans - $21,250 - This purchase is needed to ensure an adequate supply of containers for new residents, to replace damaged or stolen units and to provide for residents requesting a second container. Three Thousand Sixty-Fire (3,065) 21-.qallon Recycling Bins - $13,770 - Provides a reserve for additional recycling bins that may be needed with Phase IV of the Recycling Program. Traffic Engineering - Thermoplastic Pavement Marking Premelter- $30,000 - This purchase is to replace the existing worn equipment which has become burdensome to repair. Capital Maintenance - $1,948,941: City Council - Sidewalk and Curbing Program - $50,000 - Funding will be used to install concrete sidewalk and curbing in neighborhoods with outstanding requests. This supplements funding in the current year General Fund budget to address sidewalk and curbing needs. Greater Gainsboro (Downtown North) Public Infrastructure - $250,000 - Public infrastructure consisting of water, sanitary sewer, storm drainage, utilities, grading, paving, landscaping, and associated improvements are needed to support projects within the Greater Gainsboro Redevelopment Area. Projects being undertaken in the area include the Roanoke Higher Education Center, Shenandoah Crossing Apartments and the Crew Suites Office Building. (Funding for this item has been appropriated by City Council.) 3. En.qineerin .q: am Police Buildinq, Phase II (Design Architecture/Engineering) - $282,000 - Design and engineering services for the new Police Building are needed for Phase II of the project, which consists of the construction of additional space for administrative offices, the crime laboratory and related services. (Funding for this item has been appropriated by City Council.) Page 5 Preparation of NPDES Stormwater Management Permit - $110,000 - The City must submit a National Pollutant Discharge Elimination System (NPDES) permit application to the Department of Environmental Quality by March 2003. This permit is mandated by the Environmental Protection Agency. The permit application must address public education, detection and elimination of illicit discharge, development of a construction site stormwater runoff control program, and the development of a post- construction stormwater management plan for the entire City. It will also include a pollution prevention plan for all municipal operations. The funding will be used for an initial assessment of current functions with respect to the preparation of the NPDES permit, assessment of the cost of compliance, assessment of elements that can be done on a regional basis, and a feasibility study of funding alternatives once compliance costs are identified. Phase II of Building Inspection and Assessment Program - $40,000 - Funds will be used to continue the assessment of the condition of City- owned buildings. This activity will lead to the development of a comprehensive twelve-year maintenance, remodeling, rehabilitation, and replacement plan for City-owned buildings. Drainage Projects - $155,000 - These funds will form a pool for addressing several small drainage projects. The projects will be selected according to criteria developed by the Engineering Department. Libraries: Recarpeting of Williamson Road and Raleigh Court Branches - $42,091 - Funds will be used to remove and replace current floor coverings which are 18 years old and in poor condition. Library Improvements - $100,000 - The Main Library is in need of immediate interior improvements, including painting, replacing carpet, widening the space between shelves to comply with the Americans with Disabilities Act, and various cosmetic improvements. Parks and Grounds: a. Skate Park Repairs and Improvements - $49,750 - The original underlayment used for ramp surfaces has not held up and needs to be replaced with more appropriate materials. Fencing needs to be installed to restrict access to the park. Resurfacin,q and Fence Replacement for Athletic Courts - $100,000 - Nearly 50 basketball and tennis courts are in substandard condition and require fencing, resurfacing and restriping. Page 6 Reforestation Program - $25,000 - Funds are needed to begin rebuilding the City's tree population by planting new trees in business districts, along thoroughfares, in residential areas, and in parks. 6. Public Works: Environmental Issues - $60,000 - Funds will be used for environmental consultants, legal fees and environmental commitments associated with the Consent Agreement and clean-up activities at the Public Works Service Center. This supplements funding in the current year General Fund budget to address environmental issues. Enhanced Security at Public Works Service Center - $15,100 Safeguarding employees, equipment and environmental integrity needs to be enhanced by installing fencing, sensor-type and other gates, panic bars, and electric locks. Construction of Quick Service Facility at Public Works Service Center - $50,000 - Fleet Management operations will be enhanced by adding a quick service vehicle maintenance area. This will also open up space for street sweeping equipment being transferred to the Public Works Service Center from Parks and Recreation Building on Reserve Avenue. Resurfacinq/Pavinq Public Works Service Center Parking Lot - $105,000 - The asphalt is 22 years old and is need of resurfacing. There is also a need for repair of curbing and repainting of parking space lines. Street Lighting - Peters Creek Road Liqhtin.q - $60,000 - Street lighting is needed for the portion of the Peters Creek Road extension that did not include lighting as part of the original project. Citizens who live in the area close to the Peters Creek Road extension support the additional street lighting. Street Paving - Repave Various Streets - $350,000 - Funds will provide asphalt, tack, manholes and planing to repair various A-rated streets that could not be included in the current year paving program. 9. Traffic Engineering: Replace Overhead Signs at Orange Avenue and Williamson Road - $30,000 - Eight (8) overhead signs at this intersection are in need of replacement with highly reflective material to improve visibility at night. Mini-Projects - $10,000 - Funds for unbudgeted needs which arise during the course of the year, such as relocating traffic signals, controllers, detectors and conduits. Page 7 Gm Replace Overhead Signs at Brandon Avenue and Franklin Road - $9,000 - Four (4) large overhead signs at this intersection are in need of replacement with highly reflective material to improve visibility at night. Replace Globes in Central Business District - $21,000 needed to replace globes where exposure to the sun deterioration of light reaching the streets and sidewalks. - Funds are has caused Traffic Barriers/Si,qna,qe for Civic Center - $35,000 - Rear access to the Civic Center via Walker Avenue (beneath 1-581) is closed to traffic except during major events. Closure was urged by VDOT to protect the underside of the 1-581 bridge, which is frequently hit by trucks despite existing clearance signage. Funds will provide for a system of poles and overhead signs to give trucks clear notification when they are over height. All Other - $560,102: Center in the Square - Atrium Restroom Renovations - $100,000 - The atrium is receiving its first major renovation in 17 years. Restrooms in the atrium are available to the public and are heavily used by shoppers, merchants and downtown employees. The women's restroom in particular is in great need of repair and upgrading to meet Americans with Disability Act standards. Economic Development - Economic Development Programs - $130,000 - Funding will be used to provide incentives for business attraction and retention and the Enterprise Zone. Jaycees - Camp Virginia Jaycee - $10,000 - Funds will be used for capital improvements at Camp Virginia Jaycee and represent the first installment toward the City's commitment to provide $50,000 over five years. Roanoke Redevelopment and Housing Authority - Gainsboro Property Acquisition - $165,102 - These funds will provide for the acquisition of several properties that are part of the Greater Gainsboro Development Project area. (Funding for this item has been appropriated by City Council.) Contingency - $155,000 - Funding will serve as a contingency for any unanticipated capital maintenance items. Page 8 Fleet Replacement: The recommended Fleet Replacement Program totals $2,303,000. The program includes acquiring 13 vehicles via a lease/purchase arrangement at a cost of $326,976. The lease/purchase option provides for the acquisition of additional vehicles. Fleet replacement funds in the amount of $1,025,000 in the Fleet Management budget will be combined with Fleet Management Retained Earnings in the amount of $224,976, for a total budget of $1,249,976. Vehicles to be replaced are selected based on maintenance records and are generally replaced at the point where further investment exceeds the value of the equipment. A total of 45 vehicles will be replaced. A detailed list of all fleet purchases is attached. Technology Improvements: Funding will be used to provide for a variety of technology-related projects which will be prioritized by the Information Technology Committee and presented to City Council. CMERP funding in the amount of $1,101,205 will be combined with Technology Fund Retained Earnings of $870,000, for a total budget of $1,971,205. Enterprise and Internal Service Funds: The following departments primarily fund capital needs through their own retained earnings. The following requests are included for informational purposes only. City Council approval will be requested before any funds are expended for these capital purchases. 1. Management Services - $2,955 Color Laser Printer - $2,955 2. Utility Line Services - $205,050 Rubber-tired Backhoe/loader - $55,000 Three (3) Low-profile 1-1/2 ton Cab Chassis with Utility Body - $114,000 Three (3) Metrotech 48B Pipe Locators - $1,950 Two (2) Metrotech 880B Metal Detectors - $1,600 Two Sets (2) Large size Open and Box End Wrenches - $500 Two (2) Water Leak Detectors - $8,000 Mounted Rock Breaker for MB856 Backhoe/loader - $24,000 Page 9 3. Civic Facilities - $620,905 a. Facility Maintenance - $439,600 Engineering Projects (Stage Rigging and Safety Projects) - $108,500 Coliseum Lighting Replacement- $125,000 Refurbish Basketball Floor- $15,000 Economic Feasibility Study - $28,500 Civic Center Architectural Design Study - $10,000 Rendering of Proposed Civic Center Improvements - $5,600 Concourse Improvements for Coliseum - $20,000 Coliseum Restroom Renovations -$20,000 Identification Kiosk - $10,000 Security System for Auditorium and Exhibit Hall- $12,000 Auditorium Stage Rigging Repairs- $15,000 Metal Storage Building - $45,000 Roof Replacement Inspection Services - $25,000 b. Equipment - $181,305 Three (3) Mobile Concession Cads - $50,000 Catering Smallware Purchase - $6,015 Food Service Equipment for Catering - $15,000 Rider/sweeper for Concourse, etc. - $10,000 Parking Lot Sweeper - $40,500 Auditorium Stage Monitoring System - $5,300 Dasher Boards for Indoor Football - $20,000 Stage Lights for Auditorium -$6,990 Five hundred (500) Folding Chairs - $27,500 EQUIPMENT REPLACEMENT RECOMMENDATION -FY 200012001 Equlpmanl Cycle Estimated Lease* New Rank Agency N~me Unit It Year EQUIPMENT DESCRIPTION Fiscal ;Reldacemanl Purclmea Cumulative Reiplaced Year Cost Cost Cost 1669/00 CMERP FUNDING-UI IT8 T(~ BE PURGHASED 440 Bollcll~ Molntenance ~21 1~ Pick.up Truck w#h Utility Body 1~ 22,00~ 22,000 440 Bolldl~ Molnienance 920 1~ 3/4 Ton Pic~p Track w~t UlS#y Body 1~ 24,00(} 46,00~ 830 Tr~lk: Er~ ,Ine~Hn~ ~10 1~ 3/4 To. Pk:kup Track 2000 38,69~ 74,000 940 Police 8erviceMD 21t 1~? Van 2069 20,000 100,000 S20 E.lerg~¥ Servlc~ OM 1#~ 4 door, 4x, I Mid 81z. ~ VeN(:le ~ 20,OOO 129,000 820 FIre/EM8 041 1~ Full 81ze Utll#y Suburban 2000 38,069 191,000 920 Pa~k. and Grounds 1448 1690 Tractor/Mowing Attachments 1690 12,000 173~(~ $20 FIre/EMS 004 lOLl 4 Door Full Size Sedan 2000 21,000 194,000 440 Building Maintenance 6~2 1696 Cargo Van 1698 21,000 218,000 Subtotal 218,000 218,000 PROPOSED LEASE PURCHASE UNIT8 832 Solid Waste I~ Temp. Add#ion Automate4 Refuse Tna:l[s 146,000 34A20 34,220 532 Solid Waste Uanageman( Temp. Add#ion Automated Refuse Tracks 146,000 34A20 99,440 520 FIra/EMS 018 1878 PumpeffElevated Water/Tower Tnlcl[ 1698 418,000 69,230 187,970 920 ParksJRecrea#on 46t 1901 2 1/2 Tm1 Dump Truck 1691 e0,000 14,180 101,830 920 PsrksJl~cmMIon 1430 1692 2 1/2 Ton Dump Trucl[ 1692 00,690 14,180 195,969 530 8traMs and Tralllc 369 1080 Ba(:khoe 1999 00,069 14,100 210~1M 830 8treats and Traflk: 344 1690 10 Too Dump Truck t~ 08,000 18,340 225,469 830 Straats and Traflk: 343 1089 10 Ton Dump Truck 1~ 08,000 18,340 246,8.18~ 930 St _re~___ and Traffic 347 1690 2 1/2 TOO Dump Truck 1~ 69,000 14,160 2MA69 920 P~rke/Recraatlon 470 1078 Crane Truck 1~69 169,000 23,600 278,569 920 Flra/EM8 698 1094 Amlmbnce 1999 70,000 10,820 208,110 830 $treM$ and Traffic 381 1089 18 Ton Dump Truck 1699 78,000 17,700 312,010 530 8traat. and Traflk: 348 1699 2 1/2 Too Dump Truck 1~ 69,000 14,180 320,070 PROPOSED PURCHASE UNIT8 832 Solid Waste Manaement Temp. AddNk)n Bulk Truck 82,000 82,000 932 Solid Waste Manaemen4 Temp. AdclNk)n B.Ik TrUCk 12,000 194,00(~ 920 ParkaJRecrastk)n 1138 1698 Van wl~ Wheal Chair Lift 1698 38,000 194,000 440 Buikllng Maintenance 011 t690 CargoVan 1~ 23,000 217,000 940 Polk:e Patrol 223 1~ 4 Door Sedan 2000 28,000 242A00 640 P(dk:e Patrol 220 1069 4 Door 8edan 2000 28,000 207,000 940 Polk:e Patrol 237 1698 4 Door Sedan 2000 28,000 202,000 640 Pc41ce Patrol 249 1698 4 Door 8e4an 2000 28,000 317,000 940 Po#ce Pstral 283 1998 4 Door 8edan 2000 20,000 342,000 940 Polk:e Pstrol 289 1698 4 Door Sedan 2000 20,000 387,000 640 Pollc:e Patrol 1228 1008 4 Door Sedan 1999 28,000 302,000 640 Po#ce Patrol 1246 1697 4 Door 8edlln 2000 29,000 417,00o 640 Police Patrol 1297 1997 4 Door 8edan 2000 29,000 442,000 640 Po#ce Patrol 1214 1998 4x4 Patrol Vehk:les 2000 28~000 09111/OOcmerplistingO0-01.123 Page 1 EQUIPMENT REPLACEMENT RECOMMENDATION -FY 200012001 Equipment Cycle Eatlmated Lease* New Rank Agency Name Unit it Year EQUIPMENT DESCRIPTION Flncal Replacement Purchase Cumuiative Replaced Year Cost Cost Cost 840 Police Patrol1'253 ~ 1~ 4x4 Patrol Vehicles 204)0 29,000 408,008 040 Police Patrol 1250 1088 4x4 Patrol Vehicles 2908 29,008 830 Social 8ewicea 1107 1083 Mid 81ze Sedan 2000 18,000 444,000 S40 PoNce CID 1~13 1081 Mid 81ze 8edln 1088 18,000 502,000 $30 Traffic En~lnearln~l 329 1080 Van (Amt~l Bucket) 1~ 40,000 ~07,00~ 530 Tratlic Englneerlr~ 329 1088 .44~1 ~ PlMIom~ Truck 1~ ,LS,O00 052,000 440 Buiidlng Mi~atemmce 010 1080 CaTo Vea 2000 23,000 070,080 440 Bu#dlng Malnlanance ~02 1088 1/2 Ton Pickup Truck 1081 11,008 083,080 250 BI01n~s ~ Collections t20 '1085 Mid Size Pickup Truck 2002 15,000 708,000 Suidotal 708,000 TOTAL: 2,303,000 325,070 09/11/OOcmerplistingO0-01.123 Page 2 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #27-60 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35076-100200 authorizing execution of an amendment to extend the contract with Robinson Pipe Cleaning Company for removal, transportation and disposition of digested lagooned sludge from the City's Water Pollution Control Plant, for a period of one year from October 1,2000 through September 20, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Kit B. Kiser, Assistant City Manager for Operations James D. Grisso, Director of Finance D. Darwin Roupe, Acting Director, Department of General Services S. Scott Shirley, Sewage - Administration, Department of Utilities IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 2000. No. 35076-100200. AN ORDINANCE authorizing execution of an amendment extending for an additional term of one year a contract with Robinson Pipe Cleaning Company for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendment to a contract dated August 2, 1999, with Robinson Pipe Cleaning Company extending such contract for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant, for an additional term of one year at a cost of $87.57 per dry ton, with a minimum of 10,000 dry tons of sludge and a maximum of 12,000 dry tons of sludge during the period of October 1, 2000, through September 30, 2001, for a minimum amount of $875,700 and a maximum amount of $1,050,840, as more particularlY set forth in the report of the City Manager to Council dated October 2, 2000. 2. The form of the amendment shall be approved by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report October 2, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council Subject: Second Year Contract Extension Remove, transport and dispose of sludge from the Water Pollution Control Plant, 1402 Bennington Street, S.E., Roanoke, Virginia Background: Bids were received on July 1, 1999 to properly remove, transport and dispose of lagooned sludge by land application. Robinson Pipe Cleaning Company of Eighty Four, PA., submitted the Iow bid of $84.47 per dry ton with a minimum of 10,000 dry tons and a maximum of 12,000 dry tons. The contract was to start on October 1, 1999. In the one year contract, the City reserved the right to extend the contract each year for a total of five years. The first year bid price is to be adjusted each year according to the consumer price index, Philadelphia office. The contractor has performed according to the terms of the contract, and the second year extension needs to be approved. Considerations: The latest consumer price index available is June, 2000. The rate for October 1, 2000 through September 30, 2001 would be as follows: June, 1999 CPI was 166.2 and the dry ton cost was $84.47. June, 2000 CPI was 172.3. June, 2000 172.3 - June, 1999 166.2 = 6.1. 6.1 divided by 166.2 = 3.67% increase. $84.47 x 1.0367 = $87.57 per dry ton. The second year contract with Robinson Pipe Cleaning Company would be a unit price per dry ton of $87.57 with a minimum of 10,000 dry tons, or $875,700.00, and a Bid Committee Report Remove, Transport and Dispose of Sludge Water Pollution Control Plant October 2, 2000 Bid No. 00-173 Page 2 maximum of 12,000 dry tons, or $1,050,840.00. The base contract would be for the 10,000 dry tons with additional tonnage up to the 12,000 dry tons maximum being approved monthly by administrative change orders. Recommended Action: Authorize the City Manager to enter into a one year extension from October 1,2000 through September 30, 2001, of the contract with Robinson Pipe Cleaning Company of Eighty Four, PA., to remove and properly dispose of a minimum of 10,000 dry tons of sludge and a maximum of 12,000 dry tons of sludge from the existing five (5) lagoons at the Water Pollution Control Plant at the unit price of $87.57 per dry ton. The 10,000 minimum dry ton contract extension would be $875,700.00 and the maximum 12,000 dry tons would be $1,050,840.00. Funding is available in Account No. 003-510-3150-2010 Sewage Fund Administration - Fees for Professional Services for fiscal year 2001. Fiscal year 2002 funding will be provided during the annual budget process in the same account. Respectfully submitted, City Manager DLB/LBC/sas CC: Mary Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance D. Darwin Roupe, Acting Director of General Services #00-173 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #27-60 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35077-100200 amending and reordaining certain sections of the 2000-2001 Sewage Treatment Fund Appropriations, providing for appropriation of $750,000.00 from Sewage Fund retained earnings, in connection with unanticipated expenditures related to expansion and an increase in the amount of bio-solids contracted for removal. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Darlene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations Scott Shirley, Manager, Water Pollution Control Plant, 1402 Bennington Street, S.E., Roanoke, Virginia 24014 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of October, 2000. No. 35077-100200. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 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 2000~2001 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDropriations Operating Administration (1) ......................................... Maintenance (2-4) ......................................... Operations (5-6) .......................................... $ 9,627,258 2,627,078 1,258,437 2,635,393 Retained Eamin,qs Retained Earnings - Unrestricted (7) ' $ 29,917,083 1 ) Fees for Professional ServiCes 2) Overtime Wages 3) Maintenance of Equipment 4) Maintenance of Buildings 5) Overtime Wages 6) Maintenance of Infrastructures 7) Retained Earnings- Unrestricted (003-510-3150-2010) (003-510-3155-1003) (003-510-3155-2048) (003-510-3155-2050) (003-510-3160-1003) (003-510-3160-3055) (003-3336) 500,000 20,000 100,000 40,000 40,000 50,000 (750,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Rep~ '~' ~ ?-] ,r~ I~ :~,~ October 2, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request to appropriate Sewage Fund retained earnings. Background: The Water Pollution Control Plant has incurred, and will likely continue to incur, unanticipated expenditures related to conditions encountered after the recent expansion effort. The conditions encountered have created additional need in areas such as employee overtime, repair and replacement expenses, and consulting fees. Additionally, it is recommended that the quantity of bio-solids contracted for removal be increased for the current budget year by 2000 dry tons due to a higher than anticipated level of solids being processed by the Plant. The funds necessary for this body of work is included in the figure for the Fees for Professional Services account listed below. Recommended Action(s): Appropriate $750,000 from the Sewage Fund retained earnings in the following amounts into the stated operating accounts: Operating Account 003-510-3155-1003 003-510-3160-1003 Overtime Wages Overtime Wages Amount $20,000 $40,000 003-510-3150-2010 Fees for Professional Services $500,000 003-510-3160-3055 Maintenance of Infrastructures $50,000 Page 2 003-510-3155-2048 003-510-3155-2050 Maintenance of Equipment Maintenance of Buildings TOTAL $100,000 $40,000 $750,000. Darlene L. Burct~m City Manager C: Ms. Mary F. Parker, City Clerk Mr. William M. Hackworth, City Attorney Mr. James D. Grisso, Director of Finance Mr. S. Scott Shirley, Wastewater Manager #00-174 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #29 Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35078-100200 authorizing execution of a two-year agreementwith Appalachlan Power Company, d/b/a American Electdc Power, establishing electrical rates and terms of services commencing July 1, 2000 through June 30, 2002. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Sincerely, Mary F. Parker,. CMC City Clerk MFP:vbc Attachment pc: William M. Hackworth, City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Assistant City Manager for Operations Barry L. Key, Director, Department of Management and Budget Richard Kelley, Assistant Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Jacqueline Shuck, Executive Director, Roanoke Regional Airport, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012-1148 John Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority, 1020 Hollins Road, Roanoke, Virginia 24012 r~ THE COUNCrr. OF ~ CITY OF ROANOKE, VIRGINIA The 2nd day of October, 2000. No. 35078-100200. A RESOLUTION authorizing the City Manager to enter into the appropriate contractual agreements with Appalachian Power Company, d/b/a American Electric Power, providing for electrical service and rates effective retroactively to ~ specified dates, and approving certain rate schedules, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and a~test, respectively, in form approved by the City Attorney, contractual agreements for a two year term through June 30, 2002, with Appalachian Power Company, d/b/a American Electric Power, providing for electric service and rates applicable to municipal corporations and political subdivisions, ail such rates effective retroactive to July 1, 2000, and as more fully set forth in the City Manager's report to Council dated October 2, 2000. Such agreements shall include such other terms and conditions as are deemed appropriate by the City Manager. 2. City Council hereby approves the electric service rates, effective retroactive to July 1, 2000, in accordance with the attachments to the report of the City Manager dated October 2, 2000. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report October 2, 2000 Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Approval of New Electrical Rates Background: Roanoke City Council agreed on April 5, 1999, to participate with other southwestern Virginia jurisdictions through the Virginia Municipal League (VML) and the Virginia Association of Counties (VACO) for governmental electrical rate negotiations with Appalachian Power Company d/b/a American Electric Power (AEP). Roanoke has participated with VML and VACO in similar negotiations since 1974. Also on July 19, 1999, Council authorized the payment of $33,675 as the City's prorata share of the estimated expense of these negotiations. Consideration: The previous agreement expired on June 30, 1999. Negotiations have been prolonged due to upcoming deregulations and restructuring of AEP. Rates have been unchanged since the expiration of the prior contract with AEP. AEP had proposed a constant rate contract for a 3-year term of July 1, 1999, through June 30, 2002. Negotiations have resulted in no change in rates for the year just ended (July 1, 1999, through June 30, 2000) and an approximate 4.5% annual decrease for the two year period of July 1, 2000, through June 30, 2002. The City expends approximately $4.25 million annually for electrical service in the categories of general government, water and sewage utilities, and schools. Approximate savings to the City will be $202,500/year or a total of $405,000 for the two year term of the contract. Attached is a form of agreement from VML and VACO (see Attachment 1) with a letter of transmittal (see Attachment 2) recommending each local jurisdiction authorize the negotiated agreement. Honorable Ralph K. Smith, Mayor and Members of City Council October 2, 2000 Page 2 Recommended Action: Authorize the City Manager to execute the attached two year agreement with Appalachian Power Company (d/b/a American Electric Power) thereby establishing electrical rates and terms of services for the two (2) year term of July 1, 2000, through June 30, 2002. Respectfully submitted, Darlene L. ~ City Manager CC; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Assistant City Manager for Operations Barry L. Key, Director of Management & Budget Richard Kelley, School Administrator Jacqueline Shuck, Airport Executive Director John Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority Attachments: 2 #00-361 ATTACHMENT 1 VIRGINIA PUBLIC AUTHORITIES AGREEMENTFOR THE PURCHASE OF ELECTRICITY FROM APPALACHIAN POWER COMPANY (dba American Electric Power) THIS AGREEMENT entered into this 2nd day of October ,2000, by and between APPALACHIAN POWER COMPANY (dba American Electric Power), hereinafter called the "Company," and CITY OF ROANOKE, hereinafter called the "Customer." WITNESSETH: For and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree with each other as follows: FIRST: Provision of Electric Service The Company agrees to furnish to the Customer, and the Customer agrees to take from the Company, subject to the terms and conditions of this Agreement, all the electric energy of the character specified herein that shall be purchased by the Customer on the premises at installations shown on "Exhibit A" attached hereto and made a part of this Agreement. SECOND: Term FOURTH: The term of this Agreement shall be for a period of twenty-four (24) months beginning July 1, 2000, and ending June 30, 2002. The Company and the Customer agree that the terms of their prior agreement shall apply through June 30, 2000. Voltage and Electrical Characteristics The electric energy delivered hereunder shall be alternating current and it shall be delivered at the voltage and other electrical characteristics as set forth on "Exhibit A," which shall constitute the points of delivery under this Agreement. The said electric energy shall be delivered at reasonably close maintenance to constant potential and frequency, and it shall be measured by a meter or meters owned and installed by the Company and located as set forth on "Exhibit A." Metering and Service Points Normally, the Company will provide one service from its distribution system and all of the electricity supplied to an installation will be measured by one meter, but FIFTH: the Company may, at its option, provide as many services and meters as it may deem practicable. When such multiple services and meters are so used, separate bills will be rendered for each metered installation. The electricity will be delivered to such point as may be designated by the Company on the premises occupied by the Customer and shall be used only by the Customer and upon the premises occupied by the Customer. For the purpose of this Agreement, an "installation" means a delivery point, building, part of a building, or group of buildings located in such close proximity to each other as to constitute one operating unit occupied by the Customer. Those installations to be served by the Company as of the effective date of this Agreement are set forth on attached "Exhibit A." The Company will sUpply the electricity required by the Customer during the term of this Agreement at such additional installations beyond those being served by the Company as of the effective date of this Agreement as may, from time to time, be requested in writing by an authorized representative of the Customer. All services furnished to such additional installations shall be governed by the terms of this Agreement as if such additional installations were being served as of the effective date of this Agreement. Service will be supplied at a single voltage considered by the Company to be standard for the area in which electricity is requested and will be available for general service to municipal corporations and state governmental entities and their agencies, excluding Public Housing Authorities and the Commonwealth of Virginia, as those terms are used in {}{}56- 232 and 234 of the Code of Virginia and in pertinent decisions of the Supreme Court of Virginia. Extension of Service - Overhead The Company will make extensions or expansions of its overhead facilities in accordance with the following provisions: The Company will supply and meter service at one delivery point through overhead facilities of a kind and type of transmission or distribution line or substation equipment normally used by the Company. Whenever the Customer requests the Company to supply electricity in a manner which requires equipment or facilities other than those which the Company would normally provide, the Customer will pay the Company a Contribution in Aid of Construction equal to the additional cost of all such special equipment or facilities. This contribution will be in addition to any Contribution in Aid of Construction or other obligation of the Customer required under the remaining provisions of this section. The Company will, for single phase service for new loads up to and including 25 KW estimated demand, extend service not more than 150 feet from existing secondary facilities of 300 volts or less having adequate capacity, at no charge to the Customer. Extensions of facilities for service which do not meet each of the above criteria will be provided pursuant to the remaining provisions of this section. For service delivered to estimated new loads above 25 KW or for extensions for loads 25 KW or less not meeting all of the criteria covered in the previous paragraph, the Company may require a Contribution in Aid of Construction prior to the extension or expansion of its facilities based upon an analysis of the economic justification of making such extensions or expansions. Economic justification will be based upon a comparison of the annual cost to the Company and the increase in annual base rate non-fuel revenue. Annual cost to the Company equals the additional investment in local facilities to serve the new load times the Company's annual carrying charge rate of 27.25%; and the increase in annual base rate revenue equals the annual revenue from the estimated increase in the Customer's power consumption, exclusive of the fuel component of rates. If the estimated increase in annual base rate revenue is less than the annual cost to the Company of the extended or expanded facilities, the Customer will be required to pay the Company a Contribution in Aid of Construction equal to the annual cost to the Company less the increase in annual base rate revenue from the extension, divided by the Company's annual carrying charge rate. If the increase in annual base rate revenue is equal to or greater than the annual cost to the Company, the extension or expansion of facilities will be provided at no charge to the Customer. If the Company has reason to question the financial stability of the Customer requesting an extension or expansion of service or the duration of the Customer's electric service requirements, or if the Customer's service requirements are seasonal or temporary, or if the Customer requires special facilities to meet the Customer's service requirements, the Company may, at its option, in addition to imposing a Contribution in Aid of Construction as determined under the provisions of this section, (a) require the Customer to execute the Advance and Refund Line Extension Agreement and/or (b) require a special minimum charge or definite and written guarantee from the Customer in addition to any minimum payment required by this Agreement. If, at any time, the financial condition of the Company is such that it cannot issue debt securities necessary to pay for the construction of new facilities, the Company may require from the Customer a Contribution in Aid of Construction and/or execution by the Customer of the Advance and Refund Line Extension Agreement to cover the total cost of tapping existing transmission or distribution lines and increasing existing station capacity and new facilities required to serve SIXTH: SEVENTH: EIGHTH: and/or execution by the Customer of the Advance and Refund Line Extension Agreement to cover the total cost of tapping existing transmission or distribution lines and increasing existing station capacity and new facilities required to serve new or increased loads. The Company shall advise the State Corporation Commission when this condition exists. Extension of Service - Under~'ound Underground service and facilities will be provided by the Company upon payment to the Company of an amount equal to the sum of (1) the difference between the estimated cost of the underground facilities and the estimated cost of overhead facilities that otherwise would have been required, and (2) the amount as determined by the FIFTH Section above using the cost of equivalent overhead facilities. Should the estimated cost of underground facilities be less than the estimated cost of overhead facilities that would otherwise be required, then the terms of this Agreement relating to overhead extension of service will apply. Extension of Service - Temporary The Company will supply electricity for construction purposes, within areas normally served by the Company, to loads of a temporary nature upon payment by the Customer of a temporary service charge equal to the nonrecoverable estimated cost of temporary facilities required to serve the Customer plus the cost of removing the facilities. Rates (1) (2) The rates at which the Company shall furnish the electricity herein provided shall be set forth in "Exhibit B" entitled "Public Authority Tariff No. 8, Schedule P.A.," attached hereto and made a part hereof. If the Customer elects to take service under the "Optional Rate" section of the Tariff, it shall establish a contract capacity for each account. The contract capacity should equal the normal maximum demand experienced by the Customer for that account. From July 1, 2000 to June 30, 2002, the customer may only make one change to or fi.om the "Optional Rate". Outdoor lighting service will be furnished in accordance with the monthly rate, hours of lighting and ownership of facilities provisions of Schedule O.L. as contained in the then current tariff on file with the State Corporation Commission of Virginia, until such time as an unbundled tariff for outdoor lighting service takes effect. Thereafter, and until the termination of this Agreement, the last bundled tariff shall apply. A copy of the present Schedule O.L. is attached as "Exhibit C." (2) (3) (4) (5) Bills are due upon presentation and payable by mail, eheckless payment plan,.eleclxonic payment plan or at authorized collection agencies of the Company by the next bill date. On all accounts not so paid, a charge of 1 1/2 % per month will be applied to any account balances not received by the Company by the next bill date. If the Company fails to mail bills promptly after the billing date, the due date will be extended accordingly. The Customer may designate its billing address. Inspection The Customer shall properly install and maintain its wiring and electrical equipment, and it shall at all times be responsible for the character and condition thereof. The Company makes no inspection thereof and in no event shall be responsible therefor. Service Connections The Company will, when requested to furnish service, designate the location of the service connection. The Customer's wiring must, for an overhead secondary service, be brought outside the building wall nearest the Company's service wires so as to be readily accessible thereto. In this case, the Customer's wiring must extend at least 18 inches beyond the building. In all other cases, the Company and the Customer will mutually designate a point of delivery best suited to the Customer's and the Company's facilities. If the Customer desires that energy be delivered at a point or in a manner other than that designated by the Company, the Customer shall pay the additional cost of same. Relocation of Company's Facilities at Customer's Request Whenev. er at the Customer's request, the Company's facilities located on the Customer's premises are relocated to suit the convenience of the Customer, the Customer shall reimburse the Company for the entire cost incurred in making such change. Company's Liability The Company will use reasonable diligence in furnishing a regular and uninterrupted supply of energy, but does not guarantee uninterrupted service. The Company shall not be liable for damages for injury to person 5 (6) service. The Company shall not be liable for damages for injury to person or property in case such supply should be interrupted or fail by reason of an act 'of God, the public enemy, accidents, labor disputes, orders or acts of civil or military authority, breakdowns or injury to the machinery, transmission lines, distribution lines, or other facilities of the Company, extraordinary repairs, or any other occurrence beyond the Company's control, or any act of the Company to interrupt service to any customer whenever in the judgment of the Company such interruption is necessary to prevent or limit any instability or disturbance on the electric system of the Company or any electric system interconnected with the Company. Unless otherwise provided in a contract between the Company and the Customer, the point at which service is delivered by the Company to the Customer, to be known as "delivery point," shall be the point at which the Customer's facilities are connected to the Company's facilities. The Company shall not be liable for any loss, injury, or damage resulting from the Customer's use of its equipment or its use of the energy furnished by the Company beyond the delivery point. The Customer shall provide and maintain suitable protective devices on its equipment to prevent any loss, injury or damage that might result from single phasing conditions or any other fluctuation or irregularity in the supply of energy. The Company shall not be liable for any loss, injury or damage resulting from a single phase condition or any other fluctuation or irregularity in the supply of energy which could have been prevented by the use of such protective devices. The Company will provide and maintain the necessary line or service connections, transformers, meters and other apparatus which may be required for the proper measurement of and protection of its service. All such apparatus shall be and remain the property of the Company. Customer's Liability In the event of loss or injury to the property of the Company through misuse by, or the negligence of, the Customer, or the employees of the same, the cost of the necessary repairs or replacement thereof shall be paid to the Company by the Customer. The Customer will be responsible for any damages resulting from tampering with, interfering with, or breaking of seals of meters, or other equipment of the Company installed on the Customer's premises. The Customer hereby agrees that no one except the employees of the Company shall be allowed to make any internal or external adjustments of any meter (7) (8) or any other piece of apparatus which shall be the property of the Company. The Company shall have the right at all reasonable hours to enter the premises of the Customer for the purpose of installing, reading, removing, testing, replacing or otherwise disposing of its apparatus and property, and the fight of entire removal of the Company's property in the event of the termination of this Agreement for any cause. Location and Maintenance of Company's Equipment The Company shall have the fight to construct its poles, lines and circuits on the Customer's property and to place its transformers and other apparatus on the property or within the buildings of the Customer, at a point or points convenient for such purpose, as required to serve such Customer, and the Customer shall provide suitable space for the installation of necessary measuring instruments so that the latter may be protected from injury by the elements or through the inadvertent acts of the Customer or of any employee of the same. Use of Energy by Customer The service connections, transformers, meters and appliances supplied by the Company for the Customer have a definite capacity and no additions to the equipment, or load connected thereto, will be allowed except by consent of the Company. The Customer shall install only motors, apparatus or appliances which are suitable for operation with the character of the service supplied by the Company, which shall not be detrimental to same, and the electric power must not be used in such a manner as to cause unprovided for voltage fluctuations or disturbances in the Company's transmission or distribution system. The Company shall be the sole judge as to the suitability of apparatus or appliances, and also as to whether the operation of such apparatus or appliances is or will be detrimental to its general service. No attachment of any kind whatsoever may be made to the Company's lines, poles, cross arms, structures or other facilities without the express written consent of the Company. All apparatus used by the Customer shall be of such type as to secure the highest practicable commercial efficiency, power factor and the proper balancing of phases. Motors which are frequently started or motors arranged for automatic control must be of a type to give maximum starting 7 TENTH: arranged for automatic control must be of a type to give maximum starting torque with minimum current flow, and must be of a type and equipped with controlling devices approved by the Company. The Customer agrees to give reasonable notification to the Company of proposed increases or decreases in its connected load to prevent operating problems with the Company's facilities. Except with the consent of the Company, the Company will not supply service to the Customer if the Customer has other sources of electric energy supply to the installations listed on Exhibit A. The Customer shall not be permitted to operate its own generating equipment in parallel with the Company's service except with the written permission of the Company. Resale of energy will not be permitted. Information to Be Provided The Customer hereby authorizes the Company to provide to a single designated representative of the PA customer group, as designated by the Executive Directors of the Virginia Municipal League and Virginia Association of Counties, the following information in a format mutually agreed to by the parties: class - level load research information which the Company currently develops for the Public Authority class based on approximately 155 representative metering points, assuming the Company has received appropriate authorizations; b) monthly usage (kWh) for the Customer's accounts for the most recent 12 month period including a) on/off peak usage for each account where available and b) interval usage for each account where available; c) actual kW demand data for the Customer's accounts for the most recent 12 month period where available. The above information shall be provided to the single designated representative of the PA customer group, and shall be provided electronically, at no expense to the Customer, within 90 days after receiving the request, but no more frequently than once in a single calendar year until June 30, 2002. The Company shall comply with any reasonable additional requests from the designated representative of the PA customers for the data described above and the Customer agrees to pay for such data. ELEVENTH: Distribution The Company agrees to provide to the designated representative of the PA customer group by May 1,2001 a proposed distribution revenue requirement and distribution rate(s) based on the cost of providing distribution service to the PA customers. The Company agrees to comply with all reasonable requests for information in connection with the proposed distribution rates including the underlying distribution cost of service study and supporting work papers. The Company shall respond to any such requests from the PA customer group for information within 30 days from receipt of such requests. The parties further agree to enter into good faith negotiations to establish by January 1, 2002 a cost- of-service based distribution rate, to be effective after June 30, 2002, for service to PA customers and for the distribution component of street lighting rates. TWELFTH: Transmission The Company agrees to provide to the designated representative of the PA customer group a copy of AEP's currently applicable FERC Open Access Transmission Tariff (OATT), and to provide copies of any new or modified replacement OATT which would apply to transmission service for the PA customers, or their supplier. THIRTEENTH: Generation After June 30, 2002, the parties' rights and responsibilities regarding generation service shall be as provided by applicable law and regulation, except to the extent otherwise agreed by the parties. FOURTEENTH: (1) (2) (3) Additional Terms and Conditions In no event shall any officer or agent of the Customer executing or authorizing the execution of this Agreement be held personally liable on account of such authorization or execution. This Agreement shall be binding upon the Company only when accepted by it and approved by its proper official, and shall not be modified by any promise, agreement, or representation of any agent or employee of the Company unless incorporated in writing in this Agreement before such acceptance. The obligations of the Company and the Customer for service under this Agreement are subject to appropriations by Customer's governing body to pay for such service. (4) (5) The following sheets, as amended or revised from time to time, are attached hereto and made a part hereof. Exhibit A - Present Listing of Accounts Exhibit B - Schedule P.A. Exhibit C - Present Schedule O.L. In the third quarter of 2000 and 2001, the Company will perform an analysis based on the twelve months ended in June of that year of the effects of the optional demand charge rates for each of the Customer's accounts. The results of this analysis.will be provided to the Customer when the analysis shows the annual bill at the alternative rate would have been lower than the actual bill during the historical period. The Customer understands that the results of this analysis will not entitle the Customer to any refund, nor is it a guarantee of any future savings should the Customer change rates. Any change in rates selected must be initiated by the Customer. (6) (7) There are no unwritten understandings or agreements relating to the service herein above provided. This Agreement cancels and supersedes all previous agreements relating to the purchase by the Customer and sale by the Company of electric energy at the Customer's premises as referred to above. CUSTOMER: CITY OF ROANOKE BY: TITLE: DATE: APPALACHIAN POWER COMPANY (dba American Electric Power) BY: TITLE: DATE: 10 Exhibit A OF RO^.OKE 0200141420 0200202420 0200381810 0200489000 0200586560 0200648350 0200689670 0200786840 0200997880 0201477980 0201499320 0201569110 0201581420 0201727920 0201985521 0202133810 0202135170 0202169110 0202490820 0202879670 0202881810 0203612420 0203734090 0203771420 0203999320 0204995710 0205014350 0205180100 0205761380 0205981810 0205996710 0206303600 0206436210 0206705980 0206921100 0209524170 0209594980 Service Location 1402 UNDERHILL AVE SE 2ND ST SW 109 ORANGE AVE NW HUFF LN NW 1200 WILLIAMSON RD NE 3000A DOGWOOD LN SW MELROSE AVE NW WILLIAMSON RD NW WELLS AVE HOLLINS RD NE 1333 JAMISON AVE SE PRESTON AVE NW JEFFERSON ST SE 210 RESERVE AVE SW 330 CAMPBELL AVE SW 930 GUS NICKS BLVD NE CAMPBELL AVE SW 3142 PRESTON AVE NW VALLEY VIEW BLVD NW MELROSE AVE NW WELLS AVE NE 612 JEFFERSON ST SE PETERS CREEK RD NW JEFFERSON ST SE 13TH ST SE 402 TAZEWELL AVE SE WASENA PARK SW RUTGERS ST NW WESTSlDE BLVD NW WILLIAMSON RD NE 2150 DALE AVE SE LIBERTY RD NE 2807 MARY LINDA AVE NE HERSHBERGER RD NW CARVINS COVE RD lA BOULEVARD SW PETERS CREEK RD NW Facility Served B47294 SEWAGE PLNT UG MH278A3G3-FRANKLN WEST SIGN 1 IRIG BRIDGE-WALNT & WMSON SEWAGE LIFT PUMP MELROSE BASKETBALL FLASHER 10TH ST & WILLIAM INT 2ND ST CORNR OLD MTN RD FIREHOUSE #6 PRESTON BALLFLD TFL PRK & REC OFFICES SHERIFF DEPART. THRASHER CENTER PL 2542580-E 6TH ST PRESTON TENNIS TFL LOGANS ROUDHOUSE AT SALEM TPK INTERSTATE 581 STL STREET LIGHT TFL STEEL DR UG MH254B4T6-CAMPBEL P O B98745 BRIDGE LIGHTS & CONTROL WASENA 1 BALLFLD RTG/HERBG STRAUSS BALLFLD UG MH254D2Bl-S KIMBL FALLON POOL MUNDY RD NE STATESMAN PUMP COR THIRLANE WATER GATES @ DAM SHAFFERS CROSS CRNR NORTHSIDE DR Voltage 120/240 v 120 v 120 v 120 v 120/208v 240/120 v 120~40 v 120v 120v 120/240 v 208/120 v 120/240 v 120/208 v 208/120 v 12/208v 120/240 v 120 v 120/240 v 120 v 120/240 v 120/240 v 208/120 v 120/240 v 120/208 v 120 v 120/240 v 120/240 v 120 v 120/240 v 120 v 208/120 v 120 v 480~277 v 120~40 v 120/208 v 120/240 v 120 v Phase 1 1 1 1 3 3 1 1 1 1 3 1 1 3 3 1 1 1 1 1 1 3 1 1 1 1 1 1 1 1 3 1 3 1 3 1 1 Delivery Point I Meter Location OH service to top of mast on west wall Service box - meter on cabinet URD service from riser pole URD service to Customer pole near Valley View parking OH to customer mast at rear OH service to top of Customer pole OH service to Customer pole OH to cust. service pole OH to mtr on AEP pole Service to Customer pole Service to CT cabinet inside building OH service to Customer pole Meter on control box Service to top of riser pole - meter on building Network mtr at rear of bldg OH service to north side of building OH service to Customer pole OH service to Customer pole URD. to Meter Structure OH service to Customer pole URD service from riser pole Off network to street lighting cabinet O.H. to Customer Meter Pole Service to Customer pole OH service to Customer meter pole Outside wall of building OH service to Customer pole Top of AEP pole #205-7549 OH service to customer pole Service box - meter on cabinet URD service to west wall Top of AEP pole OH service to top of mast on rear wall OH service to Customer pole Service to Customer pole OH service to top of Customer pole Service from AEP pole #205-1004 9/6/00 Page 1 Exhibit A c,T or.o^.oKE 02O9643380 0209661420 0210323350 0210608920 0210755840 0210761810 0210945170 0211853350 0211987920 0212310421 0212921100 0213002420 0213355121 0213363350 0214093170 0214636380 0214867980 0215024350 0215214170 0215371810 0215793590 0216041420 0216229560 0217214350 0217342790 0217376142 0217435170 0218562350 0218612590 0218827530 0218934170 0219512420 0219566140 0219797710 0220790770 0221003980 0221026170 Service Location SALEM TPKE NW 1 MARKET ST SE 2625 BARHAM RD SW JEFFERSON ST SW 10TH ST SW ORANGE AVE NW SHENANDOAH AVE NW WOODLAWN& SPRIN SW 2980 PROSPECT RD SE 1011 SERVICE AVE SE BLD CARVINS COVE RD CHURCH AVE SW 3763 PETERS CREEK RD S 2424 BRAMBLETON AVE S 1109 NORFOLK AVE SW 4330 APPLETON AVE NW NORFOLK AVE SW 1618 WILEY DR SW SALEM AVE SW 1610 BURRELL ST NW 1428 10TH ST NW 1402 UNDERHILL AVE SE 303 EUGENE DR NW WASENA PARK SW MARKET ST SE 418 LUCK AVE SW 348 CAMPBELL AVE SW GRANDIN RD SW 1802 COURTLAND RD NE 5TH ST SW 301 6TH ST SW JEFFERSON ST SE 5TH ST SW 1030 PENMAR AVE SE 1526 CARROLL AVE NW 2750 CLIFTON ST NW 15 PATTON AVE NE Facility Served Voltage COR DELTA 120 v SPOTLIGHTS 120/208 v GRANDIN C CENTER 120/240 v CRESTAR FTN LIGHTS 120/240 v FLASHER LEVELTON & 10TH 120v 10TH ST 120 v P1 2542309-10TH ST 120/240 v FLASHER SPRING RD & WOO 120v MAINTENANCE BULDING 120/240 v BUILDING 8A 120/240 v FILTER PLANT 480 v UG MH278A3F3-2ND ST 120 v FIRE STATION ~4 120/208 v FISHBURN TENNIS 120/240 v PERRY D D LIGHTS 120/240 v FIREHOUSE #13 2081120 v SOUTH -2ND ST BRDG 120/208v WASENA BR SHLTR 120/240 v UG MH254B413-3RD ST 120 v WASH UPPR TENNIS 120/240 v TEL BOOTH 120 v 2ClTIP71003 PLANT 2 480/277 v WATER DEPARTMENT 120/240 v WASENA 2 BALLFLD 120/240 v RAILWAY WALKWAY & FOUN 120v DID LIGHTS 120 v BLDG MAINTENANCE POLICE 208/120 v COR BRANDON AV 120 v VEHICLE WASH 208/120 v FLASHER 120 v FIRE HSE 3 120/240 v AT BULLITT 208/120 v PL 278-92-S LUCK AV 120 v JACKSON SHELTER 120/240 v EUREKA BALLFIELD 120/240 v VILLA HT CENTER 120/240 v GAINSBORO LIBRARY 120/240 v Phase Delivery Point I Meter Location 1 Service on C&P pole 1 SE corner of 1st floor of Center In The Square bldg. 1 OH service to front of building 1 OH service to west wall 1 OH to cust service pole 1 Top of AEP pole meter on control cabinet 1 Service to top of customer pole I OH to cust. service pole 1 URD service from AEP pole #302-4019-B 1 Outside wall of building 3 OH service to top of Customer pole 1 Service box - meter on cabinet 3 URD. to Meter on Left Wall 1 OH service to Customer pole 1 At top of riser pole 3 At CT cabinet inside building 3 URD to mtr pedestal und bridge I Outside wall of building 1 Top of Customer pole - meter on cabinet 1 Service to Customer pole 1 OH service to top of mast 3 Service at padmount transformer 1 URD off riser pole I OH service to top of Customer pole 1 URD to cust. mtr pedestal 1 Non metered DID light(s) 3 URD. to Rear of Building in Room 1 Top of AEP pole - meter on control cabinet 3 Top of riser pole - meter on building 1 OH service to Customer pole 1 OH service to mast on north wall 3 Customer-owned underground from manhole - meter on cabinet 1 Service from top of AEP pole 1 OH service to mast on east wall 1 OH service to Customer pole 1 OH service to front of building 1 OH service to mast on west wall 9~6~00 Page 2 Exhibit A c,Ty OF RO^.OKE 0221214170 0221681810 0221889320 0221925170 0222041420 0222176850 0222412420 0222816210 0222881420 0223176560 0223435170 0223513210 0223830030 0223885520 0223962350 0224612590 0224741231 0224761420 0224915740 0224967980 0225220570 0225349110 0225351100 0225600330 0226508920 0226539920 0226727920 0227136140 0227244500 0227572540 0227881810 0228090420 0228461420 0228465590 0228612420 0229622060 0229680420 Service Location 339 SALEM AVE SW KIMBALL AVE NE BULLITT AVE SE CAMPBELL AVE SW 1402 BENNINGTON ST SE HUNTINGTON BLVD NE WILLIAMSON RD NE BLUE HILLS DR NE 210 CAMPBELL AVE SW 2121 BUFORD AVE SW 310 CAMPBELL AVE SW STATE RT 779 VENTNOR RD SE 200 CHURCH AVE SW GRANDIN RD SW 1802 COURTLAND RD NW BRANDON AVE SW 1ST ST SE COLONIAL AVE SW 3447 HOLLINS RD NE 9TH ST SE 3837 WILLIAMSON RD NW STATE RT 648 8192 ANGEL LN 2006 JEFFERSON ST SE MCCLANAHAN ST SW 33 RESERVE AVE SW 714 13TH ST SW WILLIAMSON RD NE NORFOLK AVE SE WILLIAMSON RD NE PLATEAU RD SE 55 CHURCH AVE SE PLANTATION RD NE TAZEWELL AVE SE MUDLICK RD SW BENNINGTON ST SE Facility Served VEHICLE PARKING AREA ORANGE AV TFL PL 2542578-6TH ST SW SEWAGE PLANT TRF LGT WILLIAMSON & HUN PLE 2781575-ALBEMARL WATER DEPARTMENT MUNICIPAL BUILDING NORWICH CENTER CAMPBELL AV ANNEX TINKER TUNNEL INTAK GRDN CITY BALLFD MUNICIPAL ANNEX SHRINE HILL TENNIS MOTOR HEATER TFL CORP CIRCLE SW CAMPBELL AV-FARM MKT OH PL 278-2597 UTILITY LINE FACILITY FLASHER SCHOOL LIBRARY SECURITY OFC WELL PUMP WATER FILTER CRYSTAL SPRING RIVERS EDD LTS NAT GUARD ARMORY MT VIEW CENTER TRF LGT WAYNE ST & WILLIA TRF LGT NORFORK & MARKE UG MH25432C1-SHEN AV MT PLEASANT TANK SISTER C FTN LTS HOLLINS PUMP ST P O 00747-WMSON RD FLASHER LIGHT N MT PLEASANT PUMPING Voltage 208/120 v 120/240 v 120 v 120 v 120/240 v 120v 120 v 120/240 v 208/120 v 240/120 v 208/120 v 120/240 v 120/240 v 480/277 v 120~40 v 120/240 v 120 v 208/120 v 120 v 240/120 v 120 v 240/120 v 120/240 v 480/277 v 480/277 v 120 v 20~120 v 120/240 v 120/240v 120v 120 v 120/240 v 120/208 v 240/120 v 120 v 120 v 208/120 v Phase 3 1 1 1 1 1 1 1 3 3 3 1 1 3 1 1 1 3 1 3 1 3 1 3 3 1 3 1 1 1 1 1 1 3 1 1 3 Delivery Point I Meter Location OH service to mast on south wall Delivery at base of street light pole Service to Customer pole Top of AEP pole Outside wall of building OH to cust. service pole Top of AEP pole - meter on cabinet Service to Customer pole At property line - meter in building Top of AEP pole Network service to West wall - meter on west wall OH service to top of Customer pole OH service to Customer pole At secondary bus in vault - meter in building Top of Customer pole OH service to top of Customer pole O.H., Meter on Customer Pole In basement on south wall Top of riser pole Service to top of Customer pole O.H. to Meter on AEP Pole 278-4617 URD secondary off riser pole - meter on building URD service to left outside wall URD. to Customer Meter Pedestal Service at bus in vault meter on building OH service to Customer pole OH service to west wall OH service to SE wall OH to mtr on AEP pole URD to cust. mtr pedestal Service box - meter on cabinet Service to Customer pole Meter terminal at NE corner of parking garage OH service to east side of building In service box - meter on cabinet OH service to top of Customer pole Outside wall of building 9/6/00 Page 3 Exhibit A C,TY oF RO^.OKE ~229740421 0230282380 0230437140 0230471810 0230852060 0231202420 0231360420 0231512420 0231916210 0232020420 0232074170 0232209000 0232316170 0232356950 0232727920 0233169110 0233219310 0233534350 0234739880 0234850380 023512042O 0235212420 O23532517O O23547077O 0235681420 0235991420 0236014350 O23641535O O23676138O 0237303600 0237561420 0237796170 O23796574O 0238441100 0238696530 0238931420 0239076560 Service Location ROSEWALK LN SE MELROSE AVE NW FRANKLIN RD SW LIBERTY RD NW WELCOME VLY RD SE 229 FRANKLIN RD SW YELLOW MTN RD SE ELM AVE SE BLUE HILLS DR NE RIVER AVE SE 10TH ST SW 3707 WOODCREST RD NW 16 WELLS AVE NW 2330 WINDSOR SW JEFFERSON ST SW 3304 TRINKLE AVE NW WlLLIAMSON RD NE 900 MAIN ST SW CRESTON AVE SW 24TH ST NW GARDEN CITY BLVD SE JEFFERSON ST SW CAMPBELL AVE SE 1529 CARROLL AVE NW 1ST ST SW 121 CHURCH AVE SW WASENA PARK SW BRANDON AVE SW 544 WESTSIDE BLVD NW LIBERTY RD NE CHURCH AVE SE 10TH ST NW BRANDON AVE SW WILLIAMSON RD NE 222 WILEY DR 1402 UNDERHILL AVE SE ROANOKE AVE SW Facility Served ROSEWALK LN PUMP TFL 98-COMER ST TFL WASH BALLFIELD WELCOME VALLEY WATER T TRAFFIC SIG 3RD & FR GRDN CITY CENTER PL 278-1428-JEFF ST PL 2314532-ORANGE AV TFL TFL-PATTERSON AVE ROUND HILL PUMP STREET LIGHT RALEIGH CT TENIS VICTRY STAD WEST PRESTON BSKETBLL WILLIAMSON/THURSTON TFL 60-COR OF WASENA WATER TANK CONTROLLER TRF LGT SALEM TRNPK & 24 TFL UG MH278-A4 WALNUT FLASHER EUREKA TENNIS CT UG MH254B407-CAMPBEL ORDER B-93703 WASENA TEN-BBALL SHERWOOD & MAIN ALSO STRAUSS CONCESS 0000073304-HOLLINSRD UGMH 278A3P3-JEFF ST TFL UG PL2782209-COL AV TFL WILDHURST AVE RIVERS E TENNIS 2CIT1P31006 PLANT 1 NORWICH BALLFLD Voltage 120/240 v 120 v 120 v 480~277 v 120/240 v 120 v 120/240 v 120 v 120/240 v 120 v 120 v 120/240 v 208/120 v 120/240 v 208/120 v 120/240 v 120v 120 v 120/240 v 120/240v 120/240 v 120 v 120 v 120/240 v 120 v 208/120 v 120/240 v 120 v 120D40 v 120 v 120 v 120/240 v 120 v 120 v 120D40 v 480/277 v 120~40 v Phase 1 1 1 3 1 1 1 1 1 1 1 1 3 1 3 1 1 1 1 1 1 1 1 1 1 3 1 1 1 1 1 1 1 1 1 3 1 Delivery Point I Meter Location URD. to Customer Meter Pedestal behind fence Delivery at top of AEP pole #228-1549 - meter on pedestal Customer owner URD service to control panel meter on control panel Control cabinet near football field O.H. to Meter on Right Side of Bldg. Customer-owned URD from handhole to control cabinet Service to Customer pole Service box - meter on cabinet URD service from pole #231-4532 to side of Customer's cabinet Service on AEP pole #278-7691 At top of riser pole - meter on pole OH service to mast on north side of building Service to Customer pole URD service to meter on control cabinet near tennis courts Service at secondary bus in vault - primary meter on pole URD service from AEP pole #230-1188 to cabinet behind cabinet OH to mtr on AEP pole 254-4007 OH service from AEP pole #277-5525 URD. to Customer Meter Pedestal OH to cust. service pole OH service to Customer pole Top of pole - meter on cabinet OH service to Customer pole URD service to pedestal at northeast side of tennis courts Service box - meter on cabinet In switchgear room Customer service pedestal OH service from AEP street light pole #271-7180 OH service to Customer pole Top of AEP pole #230-6146 In service box - meter on cabinet URD service to signal control box Top of riser pole OH to Customer Pole OH service to Customer pole Service at padmount transformer Top of AEP pole - meter on Customer board 9/6/00 Page 4 Exhibit A 0239346100 0239398140 0239399670 0240171810 0240612420 O24112O42O O24121242O 0241542810 02416O892O O24172714O 0242281420 024274938O 0242811090 O24298792O 0243432980 024392110O 0244597710 O24586798O 0246024350 O246176380 0246269320 0246391210 0246654770 O24666142O 0246842980 O24686128O 0247102420 0247303500 O247389O00 0247547380 0247881423 O24815493O 0248469110 0249636210 0249706380 0249781810 0249915740 Service Location 1402 UNDERHILL AVE SE 1301 3RD ST SW 1900 ORANGE AVE NW 600 ORANGE AVE NW 706 JEFFERSON ST SE 1135 RIVERLAND RD SE JEFFERSON ST SW 1728 NORTH AVE NE 2070 JEFFERSON ST SE 5TH ST SW NORFOLK AVE SE PETERS CREEK RD NW 116 PATTON AVE NW MILL MTN SE WYOMING AVE NW CARVINS COVE RD MONTROSE AVE SE SALEM AV & 2ND ST SW WASENA PARK SW HERSHBERGER RD NW ELM AVE SE 4916 WILLIAMSON RD NW FERNCLIFF AVE NW 15 CAMPBELL AVE SW 3900 MELROSE AVE NW FERNCLIFF AVE NW 210 CHURCH AVE SW 309 OLD BROOK RD HUFF LN NW HERSHBERGER RD NW 120 KIRK AVE SW COMPTON ST NE 3137 PRESTON AVE NW ORANGE AVE NE HERSHBERGER RD NW WILLIAMSON RD NE WONJU ST SW Facility Served B.A.F. BLDG HUMAN RESCOURCE CENTE TFL-COR OF' 19TH ST TRF FLASHER CRESTAR FOUNTAIN WATER TANK P1 2781617-ALBEMARLE EASTGATE SHELTER CRYS SPR SHELTER P1 278282-ELM AV W^LKBRIDGE COR WOODHAVEN IRRIGATION PUMP WATER STORAGE TANKS WASHINGTN HTS TK PMP CHEM BLDG LIBRARY TRF LGT SALEM&2ND ST SW SECURITY LIGHTS WESTSIDE FIELDS 581E P12784067 ANDREWS FLAG LT FLASHER RUFFNER ELEM PARKING GARAGE WEST$1DE - TFL 110 FLASHER WILLIAM FLEMING C V BLG WATER DEPARTMENT HUFF LANE 2 BALL TFL-FERNCLIFF OCCUPATIONAL TRF LGT WILLIAMSON & CO PRESTON CENTER CORN GRANBY TFL-INT 117 MH254-D2BA WELLS AV PL 2782671-COL AV Voltage 480/277 v 120/240 v 120 v 120/240v 208/120 v 120/240 v 120 v 120/240 v 240/120 v 120 v 120/208 v 120 v 120v 120/208 v 120 v 120 v 240/120 v 120v 120/240 v 120/240 v 120 v 120 v 120 v 480/277 v 120 v 120 v 208/120 v 120/240 v 120/240 v 120 v 208/120 v 120v 120/240 v 120 v 120 v 120/240 v 120 v Phase Delivery Point I Meter Location 3 URD to meter on switchgear on east side of building 1 OH to cust mast on bldg 1 OH service to Customer pole I OH to cust. service pole 3 Meter in basement of Main Library 1 Outside wall of building 1 OH service to Customer pole I OH service to top of mast 3 OH service to Customer pole I Service to top of AEP pole - meter on pole 3 Service to Customer pole I OH service to Customer mast from pole #181-6549 1 URD to cust. mtr pedestal 1 URD service from AEP pole #302-4019-B 1 Service to top of Customer pole 3 Outside wall of building 3 Service to top of riser pole - meter on building 1 OH to cust. mtr pedestal I Service to top of Customer pole 1 Service to Customer pole 1 Service to top of pole - meter on cabinet 1 Customer meter pedestal I OH to customer's metering & service pole 3 At bus in vault - meter on outside vault wall 1 OH service to Customer pole 1 OH to customer's metering & service pole 3 In vault located in basement 1 OH service to Customer meter pole 1 OH service to top of Customer pole 1 OH service to Customer pole 3 Outside wall of building 1 OH to cust. service pole 1 OH service to west wall 1 OH service to Customer pole 1 URD from riser pole 1 Service box - meter on Customer post 1 Top of riser pole 9~6/00 Page 5 Exhibit A c,Ty OF RO^.OKE 0249965170 0250161420 0250626710 0251718710 0251725560 O251790770 0252391210 0253041420 025323556O O25354738O O25369674O 0254435170 0254797530 0254891090 0255040630 0255612590 0255905980 0255967980 0256351100 0256381810 O25651242O 0256674210 0256797710 0256966880 0257122590 O25731617O 0257508920 0257539920 02575615OO O257951420 0258169110 O2583O7530 0258601100 0259235980 0259461420 0259479670 0259481810 Service Location 216 12TH ST NW 13 CHURCH AVE SE 18TH ST SE MUNFORD AVE SE 1742 MEMORIAL AVE SW 1529 CARROLL AVE NW 5012 WILLIAMSON RD NW 1402 UNDERHILL AVE SE 13TH ST SW HERSHBERGER RD NW BRANDON AVE SW 309 3RD ST SW 341 KING GEORGE AVE SW 1402 UNDERHILL AVE SE DUKE GLOUCESTER SW 1802 COURTLAND AVE NE VALLEY VIEW BLVD NW 3447 HOLLINS RD NE STATE RT 648 320B CARVER AVE NE 706 JEFFERSON ST SE 1000 MECCA ST NE 1030 PENMAR AVE SE BRAMBLETON AVE SW 55 NOBLE AVE NE COMMONWEALTH DR NE WILEY DR SW WILEY DR CHURCH AVE SW FRANKLIN RD SW 3901 WILLIAMSON RD NW FRANKLIN RD SW 4901 WILLIAMSON RD NW AIRPORT RD NW 25 CHURCH AVE SE 24TH ST NW WILLIAMSON RD NE Facility Served FIREHOUSE #5 FIRE STATION #1 FALLON L BALLFLD JACKSON TENNIS FIREHOUSE 7 EUREKA CENTER ORDER B-72209 2CLT1 P34002 BRIDGE LIGHTING PL22945390ORWY/HERBG LAKEWOOD PUMP COURT ANNEX STL BAF INFLUENT PS A20156 FRANKLN ROAD CHEMICAL STORAGE TRF LGT RUTGERS ST & HER UTILITY LINE FACILITY STORAGE LOT & SHELTR CITY MAINTENANCE BLDG MAIN LIBRARY STA 14 BUENA VISTA CTR SHEN LIFE TRF LGT FIRE STATION #2 ENTRANCEWAY FTN OH PL278-3712-JEFFST RIVERS E FIELDS JEFFERSON CTR PKG LOT UG MH278A3Q3-JEFF TRF LGT FLEMING & WILLIAM COR BROADWAY ORDER B-72209 FIREHOUSE 10-B43395 CENTURY STATION MELROSE ORG P1 254-4568 Voltage 120/240 v 208/120 v 120/240 v 120/240 v 120/240 v 120/240 v 120 v 240/120 v 120/240 v 120 v 240/120 v 208/120 v 120 v 120/208v 120 v 208/120 v 120/240 v 240/120 v 120/240 v 120/240 v 208/120 v 120/240 v 120/240 v 120v 120/240 v 240/120 v 120 v 480/277 v 120v/208v 120 v 120v 120 v 120 v 208/120 v 208/120 v 120 v 120 v Phase 1 3 1 1 1 1 1 3 1 1 3 3 1 3 1 3 1 3 1 1 3 1 1 1 1 3 1 3 1 1 1 1 1 3 3 1 1 Delivery Point I Meter Location OH service to north wall of building URD service to junction box - meter in front right corner Service to top of Customer pole OH service to top of Customer pole Top of riser pole OH service to mast on north wall Top of riser pole Service to top of mast on SE wall Service to SW side of bridge Top of riser pole - meter on AEP pole Service to top of mast on north side Network service to west alley OH service to Customer pole URD to cust. mtr pedestal OH service to top of riser pole OH service to Customer pole on north side of building OH to cust. service pole OH service to mast on rear wall OH service to top of Customer pole O.H. to Right of Building At property line on Bullitt Ave. - meter in building Service to Customer pole OH service to east wall OH to cust. service pole URD service from riser pole - meter in basement Top of AEP riser pole OH service to Customer pole URD service to CT cabinet adjacent to padmount transformer URD to mtr in alley Service box - meter on cabinet OH to mtr on AEP pole URD service from riser pole OH service to top of Customer pole At padmount transformer - meter on building URD service at CT cabinet Top of AEP pole meter on cabinet Top of pole - meter on cabinet 9/6/00 Page 6 Exhibit A or.o^.oKE 0259612420 0259804090 0260860380 0261081420 0261471810 0261490770 0261879240 0262006660 0262010630 0262351100 0262512420 0262594810 0263178400 0263727920 0263836380 0263951420 0263985520 0264332790 0264705520 0265171810 0265186950 0265449110 0265592550 0265612420 0266095521 0266212420 0266707740 0267125520 0268705980 0269696530 0269721860 0269733810 0269781420 0269831100 0269931420 0270292810 0271479670 Service Location WILLIAMSON RD SE 8192 ANGEL LN GARDEN CITY BLVD SE SALEM & MARKET SE GAINSBORO RD NW 20TH ST NW MELROSE AVE NW VALLEY VIEW BLVD NW 3373 PEAKWOOD DR SW STATE RT 648 ELM AVE SE 108 COYNER SPRINGS RD KING ST NE RESERVE AVE SW STATE RT 116 510 JEFFERSON ST SW 324 CAMPBELL AVE SW FRANKLIN RD SW 710 WILLIAMSON RD NE 233A ORANGE AVE NW 307 MARKET ST SE 3901 WILLIAMSON RD NW U STAUNTON AVE NW 602 JEFFERSON ST SE 10 S JEFFERSON ST-TOWE JEFFERSON ST SW SHERWOOD AVE SW 1402 UNDERHILL AVE SE VALLEYVIEW BLVD NW 218 WILEY DR SW FRANKLIN RD SW GUS NICKS BLVD NE 2ND ST SW STATE RT 648 1402 UNDERHILL AVE SE 2207 ORANGE AVE NE 514 24TH ST NW Facility Served UG MH278-A3U5-CHURCH MAINTENANCE BLDG OL STREET LIGHTS AT LIBERTY CARROLL/TANK CONTROL TRF LGT- 3200 MELROSE TFL VALLEY VIEW WEST PUMP PICNIC RESTROOMS MH 278A3X1- 1581-W CRISIS CENTER TFL VICTRY STAD FTN TFL-INT 117 CRESTAR FOUNTAIN PLAZA CITY JAIL GAZEBO ELMWOOD PARK CIVIC CENTER WASH LOWR TENNIS FRAMER MKT POWER SUPPL BRECK BALLFIELD UNIT A STAUNTON PARK SHELTER KEY PLZA D D LTS GARAGE WALNUT 278-3297 FLOOD DIGHT SEWAGETREATMENT MOTO TRF LGT RING RD & BLVD WASENA ST SHLTER TFL CRNR RICHARD AV UG MH254B4J8-CAMPBEL HOLLINS TANK ALT #1-PLT#1 AT GUS NICKS BLV NE FIRE DEPT 9 Voltage 120 v 120/240 v 120 v 120/208 v 120/240 v 120 v 120v 120 v 240/120 v 120/240 v 120 v 120/240 v 120 v 208/120 v 120 v 480/277 v 480~277 v 120/240 v 480/277 v 120/240 v 120v 120/240v 120v 480~277 v 480/277 v 120/240 v 120 v 12,470 v 120/240 v 120D40 v 120 v 120 v 120 v 120 v 480/277 v 120/240 v 120/240 v Phase 1 1 1 1 1 1 1 1 3 1 1 1 1 3 1 3 3 1 3 1 1 1 1 3 3 1 1 3 1 1 1 1 1 1 3 1 1 Delivery Point I Meter Location In service box - meter on cabinet URD. to Meter on Right Side of Building Non metered DID light(s) At control panel Service to Customer pole Service to Customer pole at tank OH to mtr on AEP pole URD. to Customer Meter Structure URD service to riser pole OH service to front wall Service box - meter on cabinet URD service to CT cabinet in front of building URD service from AEP pole #255-510 to east side of King St. URD service to Customer pedestal Service from AEP pole #204-2048 - meter on pedestal At bus in vault At Customer switch out of vault - meter on S. wall. URD. to meter pt of Gazebo At padmount transformer Top of Customer pole URD to cust. mtr pedestal URD to cust. mtr pedestal OH to cust. service pole Bus bas in vault - meter on outside of building Switch panel in electrical equipment room in the Dominion Tower URD service to meter under bridge Service to Customer pole OH service to Customer pole in front of plant URD to cust. mtr cabinet URD service to restroom Service to Customer pole Service from AEP pole #255-1153 Service box - meter on cabinet OH service to top of mast on north side Service at padmount transformer At top of riser pole - meter on AEP pole URD from riser pole - meters inside 9/6/00 Page 7 Exhibit A C,TY OF.O^.OKE ~271612420 0271776530 0272212420 0272576140 0272681420 0272827920 0273360380 0273802420 0273836210 0273987920 0273996710 O274112691 0274639670 0274921100 0275274880 0275319380 O27558892O 0275597710 0275739920 0275952570 0276645171 O27720914O 0277390770 0277602060 0277643380 0278102420 O2783890OO 0278796530 O27880417O 0279012420 0279299530 O279396O60 O27962792O 0279791420 0280114171 0280561420 0280904590 Service Location JEFFERSON ST SE 1402 UNDERHILL AVE SE JEFFERSON ST SW MARSHALL AVE SW CAMPBELL AVE SW JEFFERSON ST SW 24TH ST NW 1ST ST SW ORANGE AVE NE MILL MTN SE FALLON SHELTER 1 MARKET STSE WALKER AVE NE CARVINS COVE RD RESERVE AVE SW PETERS CREEK RD NW 2328 CRYSTAL SPG SW 1205 MORNINGSIDE ST SE BROADWAY AVE SW CAMPBELL AVE SW SHENANDOAH AVE NW 1105 5TH ST SW CARROLL AVE NW MUDLICK RD SW 2607 SALEM TPKE NW 3RD ST SW HUFF LN NW 1618 WILEY DR SW 10TH ST SW JEFFERSON ST SW 3410 WEST RIDGE RD SW WILLIAMSON RD NE 344 RESERVE AVE SW 1ST ST SW SALEM AVE SVV CHURCH AVE SE 10TH ST NW Facility Served UG MH278A3R3-BULLITT OLD INFLUENT PUMP BLDG PL 2781622-MAPLE AV PL278100 - 5TH ST STL 1ST BLOCK P12783756-RESERVE AV SHENANDOAH UG MH278A3L4-FRANKLN KING ST MILL MOUNTAIN STAR FALLON SHELTER POWER SOURCE FRIDAY'S A BRIDGE LIGHTS CARVINS LF STAT TRF LGT FRANKLIN/RESERV NORTH LAKES DR FIRE HSE 8 JACKSON CONCESS P O A23398 TRF LGT 8 1/2 ST & CAMPBEL TRF LT-COR 5TH ST HIGHLAND D D LTS 21 ST ST FLASHER LIGHT LIBRARY UG MH278A3G9-LUCK AV HUFF LANE TENNIS SMITH SHELTER TFL-SALEM AVE P1 2781554-MTN AV CHAPEL FOREST TFL RUTHERFORD MAHER BALLFIELD UG MH278A3K7-CHURCH TFL STL-1ST BLOCK CORNR HUNT AVE Voltage 120 v 480/277 v 120 v 120 v 208/120 v 120/240 v 120 v 120 v 120/240 v 120/240 v 120/240 v 120D40v 120/240 v 480/277 v 120v 120/240 v 120/240 v 120/240 v 120 v 120v 120 v 120/240v 240/120 v 120 v 208/120 v 120 v 120/240 v 120/240 v 120 v 120 v 240/120 v 120 v 480/277 v 120 v 120 v 208/120 v 120/240 v Phase 1 3 1 1 3 1 1 1 1 1 1 1 1 3 1 1 1 1 1 1 1 1 3 1 3 1 Delivery Point I Meter Location Service box - meter in cabinet URD to meter on front of building Top of pole - meter on cabinet Service to top of AEP pole At switch cabinet east of mini-mall/parking building OH service to Customer pole Top of AEP pole - meter on cabinet Service box - meter on cabinet Service from pole #231-83 OH service from AEP pole #278-6545 Service to Customer pole OH to cust. mtr pedestal Service to top of Customer pole Top of AEP pole OH to cust. mtr pole Service from top of AEP pole - meter on pedestal URD service from riser pole - meter in building URD service to meter at rear of Concession stand OH service to Customer pole OH to mtr on AEP pole Service to Customer pole Top of riser pole - meter on private pole Service to top of pole near school OH service to top of Customer pole URD service to padmount transformer Service box - meter on cabinet 1 OH service to top of Customer pole 1 OH service to mast on rear wall 1 At top of riser pole - meter on pole 1 Top of AEP pole 1 OH service to mast on front wall 1 URD. to Customer Pole, N.W. Corner 3 URD service to north wall of building 1 Service box - meter on cabinet 1 Service to Customer pole 3 At switch cabinet in park 1 Service to Customer pole 9~6~00 Page 8 Exhibit A ClTY OFROANOKE 0280921100 0281002420 0281363350 0281659000 0283024350 0283371810 0283678140 0283889320 0284041420 O2846815O0 O284697710 0285171420 0285292980 0285435170 0286016100 0286612590 0286676680 0286737770 0286764210 O286860770 0286905980 0286967980 O287236740 0287375350 0287512420 0287797710 0288337530 O288446410 0288508920 0288627140 0288634980 0288975980 0289076140 O2891O3731 O28918142O 0289285370 0289315350 Service Location HERSHBERGER RD NW 3RD ST SW 2424 BRAMBLETON AVE S WILLIAMSON RD NW 802 WILEY DR SW 1616 BURRELL ST NW JEFFERSON ST SW JAMISON AVE SE 1402 UNDERHILL AVE SE STATE RT 1035 PENMAR AVE SE WILLI^MSON RD SE MELROSE AVE NW 315 CHURCH AVE SW STATE RT 660 1802 COURTLAND AVE NE 1402 BENNINGTON ST SE JEFFERSON ST SE ORANGE AVE NW STAUNTON AVE NW HERSHBERGER RD NW 3447 HOLLINS RD NE COLONIAL AVE SW GRANDIN RD SW JEFFERSON ST SE 9TH ST SE 637 WALNUT AVE SW ELM AVE SW JEFFERSON ST SE ELM AVE SW MELROSE AVE NW WILLI^MSON RD NW CHURCH AVE SW CHURCH AVE SW SALEM AVE SW WILLIAMSON RD NW MAIN ST SW Facility Served INT BEAN UG MH278A3F7-CHURCH FISHBUR PARK CARETAKER TRF SIG CRNR YARDLEY OLD TRANSPORT MUSEUM WASHINGTON POOL P12781618-S ALBEMARL INT 9TH ALT 2 FALLING CREEK JACKSON BALLFLD UG MH 254-B4Y3 COR-FOREST PARK COURTHOUSE JUVENILE HOME IMPOUNDMENT LOT PUMP AT POND TRF LGT JEFFERSON & SALE TFL STAUNTON BASKETBALL HIGHWAY SIGN MAINTENANCE / GARAGE BL FLASHER CORNR SHERWOOD AVE AT BULLITT JACKSON TENNIS CT HIGHLAND TENNIS TRF LHT MAIN&FERDINAND& UG PL2783755-JEFF AV PL 278162- W 5TH ST LAFAYETTE BOXLEY HILLS LEE FOUNTAIN LTS WAR MEMORIAL UG MH254B4N4-1ST ST TFL PIONEER RD FLASHER Voltage 120 v 120 v 120/240v 120/240 v 120/240 v 208/120 v 120 v 120 v 480/277 v 208/120 v 120/240 v 120/208 v 120 v 208/120 v 480~277 v 120 v 120/240 v 120/240v 120 v 1201240 v 120/240 v 120/240 v 120 v 120 v 208/120 v 120/240 v 120/240 v 120v 120/240 v 120 v 120 v 480~277 v 120/208 v 120 v 120 v 120 v 120/240 v Phase 1 1 1 1 1 3 1 1 3 3 1 1 1 3 3 1 1 1 1 1 1 1 1 1 3 1 1 1 1 1 1 3 1 1 1 1 1 Delivery Point I Meter Location On AEP pole #206-2605 Service box - meter on cabinet OH to mtr on right of bldg Service to Customer pole URD service to CT cabinet on building wall URD service to north wall of building Service to top of Customer pole - meter on pole Service to Customer pole Service at padmount transformer OH service to mast in rear of building Service to top of Customer pole OH service to Customer pole at corner of Firestone lot Service to Customer pole In vault north of building - meter on north wall URD. to Meter on Rear of Building Outside wall of building OH to customer meter structure 50' N of National Guard parking lot URD to mtr in manhole near Service to control box OH service to Customer pole OH service to Customer pole O,H. to Meter on Left Side of Bldg. AEP pole near intersection Service to Customer pole Customer-owned URD from manhole - meter on cabinet OH service to top of Customer pole - meter is 20' up pole OH service to Customer pole OH to mtr on AEP pole URD service from riser pole Service to top of AEP pole - meter on pole Top of AEP pole - meter on cabinet At padmount transformer meter on building SW end of Lee Plaza to Customer meter pedestal URD. Downtown Network Service box - meter on cabinet O.H. Meter on Pole 230-1706 Service to Customer pole 9/6/00 Page 9 Exhibit A OF RO^.OKE 0289389920 0289974170 0290247140 0290311100 0290816210 0290881420 0291090030 0291359000 0291592810 0292300910 0292541420 0292612590 0293329560 0293351100 0293505980 0293512420 0293594810 0293647380 0293691810 0294508920 0294615560 0294656820 0294727920 0294776880 0294951420 0295135170 0295327920 0295662350 0295712030 0295751170 0295887920 0296171810 0296246370 0296449110 0296461420 0296612420 0296975170 Service Location 1006 ROSEMARY AVE SE 1302 PATTERSON AVE SW ELM AVE SW 4828 DELRAY ST NW BLUE HILLS DR NE CAMPBELL AVE SW U S ROUTE 220 WILLIAMSON RD NW ORANGE AVE NE PETERS CREEK RD NW 1566 CARLISLE AVE SE 1802 COURTLAND RD NW 4810 SALEM TPKE NW STATE RT 648 PETERS CREEK RD NW ELM AVE SE STATE RT 660 COVE RD NW 1205 WILLIAMSON RD NE JEFFERSON ST SW GRANDIN RD SW BRANDON AVE SW 16 RESERVE AVE SW ORANGE AVE NW 13A CHURCH AVE SE CAMPBELL AVE SW JEFFERSON ST SE 2112 GRANDIN RD SW U S ROUTE 220 107 MARKET ST SE MILL MTN SE 233 ORANGE AVE NW GILMER AVE NW 3901 WILLIAMSON RD NW CHURCH AVE SE 201 TAZEWELL AVE SE 10TH ST NW Facility Served GARDEN CITY TELE BOOTH P1 2781270-1ST ST 2CITIP31010 STREET LIGHTING UG MH254B4J5-3RD ST WATER PUMP CRNR EPPERLY POLE 2545714-13TH ST TFL AERIAL WAY DR GOLDEN SHELTER PUR ORDER 69325 FIREHOUSE 12 MAIN RESTROOM PCRK-THRI-VLYPT MH278-A3X1-WMS RD 2ClTIZ11009 TFL AT HERSHBERGER GATEWAY FLG LTS PL2783754-WELLER AV SW CORN. OF MEMORIAL LAKEWOOD PARK RESTROO VICTRY STAD EAST TRF LGT 5TH ST & ORANGE FIREHOUSE #1 P12542889-5TH ST SW BRIDGE FACILITIES LIBRARY TANK FARMER MKT POWER SUPPL MILL MT GRDN IRIG WASH BASKETBALL TFL BRECK CONCESSIN CRNR MARKET ST VALLEY METRO TFL-LOUDON AVE Voltage 240/120 v 120 v 120 v 480 v 120/240 v 120 v 480~277 v 120/240 v 120 v 120/240 v 120/240 v 208/120 v 120/240 v 120/240 v 120/240 v 120 v 120/240 v 120 v 120/240 v 120/240 v 120 v 120/240v 208/120 v 120v 208/120 v 120 v 120/240v 240/120 v 208/120 v 120v 120/240 v 120/240 v 120/240 v 120/240 v 120/208 v 208/120 v 120/208 v Phase 3 1 1 3 1 1 3 1 1 1 1 3 1 1 1 1 1 1 1 1 1 1 3 1 3 1 1 3 3 1 1 1 1 1 1 3 1 Delivery Point I Meter Location OH service to Customer pole OH service to top of mast Service to top of Customer pole - meter on pole OH service to mast on west wall URD service to street lighting enclosure Service box - meter on cabinet Service to CT cabinet on side of building Overhead service to Customer pole Delivered at top of AEP pole - meter on Customer cabinet URD. to Meter on Customer Pole OH service to top of mast on shelter At padmount transformer - meter on building OH service to front wall OH service to front wall URD service to Customer control cabinet from pedestal #205-9-75 Service box - meter on cabinet OH service to rear wall OH service to Customer pole URD service to meter pedestal among pine trees URD service from riser pole OH service to Customer pole o to mtr on rear wall Service at secondary bus in vault - primary meter on pole OH to mtr on AEP pole At property line on Church Ave. - meter in building Top of Customer pole - meter on cabinet URD to cust. mtr pedestal Top of riser pole - meter on building Service from AEP pole #325-5539 to meter on south wall URD to cust. mtr pedestal URD service from AEP pole from #302-3791 to well house OH service to Customer pole Service to Customer pole OH service to rear of building At junction box in sidewalk - meter on traffic control box At padmount transformer at parking garage At top of riser pole - meter on AEP pole 9/6~00 Page 10 Exhibit A ciw oF 0297120420 0297212420 0298258350 0298512810 0298571280 0298690770 0299367690 0299428430 029999298O Service Location 1502 RIVERLAND RD SE UNI JEFFERSON ST SE 3800 PARK LN SW ORANGE AVE NE WlLLIAMSON RD NE 1526 CARROLL AVE NW HERSHBERGER RD NW WlLLIAMSON RD NE 2750 CLIFTON AVE NW Facility Served FIRE STATION 11 PL 278-3264-WMS RD SEWAGE TREATMENT CNR HOLLINS TRF LGT CLOVER & WILLIAM EUREKA BASKETBALL TFLW SIDE BLVD TFL LIBERTY RD VILLA HT BALLFLD Voltage 240/120 v 120 v 120/240 v 120 v 120v 120/240 v 120 v 120 v 120/240 v Phase 3 1 1 1 1 1 1 1 1 Delivery Point I Meter Location Service on top of riser pole - meter on east wall Top of pole - meter on cabinet At the Customer URD meter pedestal Service from AEP pole #254-5758 OH to mtr on AEP pole OH service to Customer pole O.H. to customer's meter pole S.E. Corner O.H. to Meter on AEP Pole 230-6501 Top of AEP pole 9/6/00 Page 11 APPALACHIAN POWER COMPANY d/b/a American Electric Power Exhibit Page 1 of PUBLIC AUTHORITY TARH~ NO. 8 SCHEDULE P.A. AV~H. ABILITY OF SERVICE Available for general service to municipal corporations and state governmental ea~es, excluding Public Housing Authorities and the Commonwealth of Virginia, as those terms are used in §§56-232 and 234 of the Code of Vir~'nia and in pertinent decisions of the Supreme Court of Virginia. MONTHLY RATE (Schedule Codes 804, 805, and 806) Monthly Rate CUSTOMER CHARGE Per Service Connection ("Account") .......................... $827 SCHOOLS Per KWH Consumed ...................................... 4.575~ WATI~R pUMPING. SEWAGE PUMPING. AND SEWAGE DISPOSAL SERVICE (806) Per KWH Consumed ...................................... 3.728~ ~ OTHER (S0S) Per KWH Consumed ...................................... 4.262~ · OPTIONAL RATE (Schedule Codes 809, 812, and 813) Available to any Public Authority Account with normal maximum electrio demands of 100 KW or more. A conUact ~pacity will be established which is equal to the Account's estimated normal maximum electrical capacity requirements. Monthly SCHOOLS (S09) Rate Customer Charg~ Per Account ............................................ $20.00 Demand Charge All KW of Billing Demand ................................ $4.54 Energy Charge All KWh M~,.ered KWH .................................. 2.8615 Issued: June 30, 2000 Effective: July 1, 2000 through Jue 30, 2002 APPALACHIAN POWER COMPANY d/b/a American Electric Power Exhibit B Page 2 of 5 ~ PUBLIC AUTHORITY TARIFF NO. 8 SCHEDULE p.s. (Coutinued) OPTIONAL RATE (eoutinued) WATER PUMPING. SEWAGE PUMPING AND SEWAGE DISPOSAL SERVICE (813) Monthly Customer Charge Per Accoun~ ............................................ S20.00 Demand Charge All KW of Billing Demand ................................ $6.18 Energy Charge All KWH Metered KWH ................................. 2.000¢ Re. active Demand Charge All KVAR of Lagging Reaedve Demand .............................................. 291 ~L OTHER (812) Custom~ Charge Per Account ........................................... $20.00 Demand Charge All KW of Billing Demand ................................ $6.76 Energy Charge All KWH Metered KWH ................................. 2.000~ OPTIONAL ICE STORAGE RATE (Schedule Code 815 md 816) Available to any Public Authority Account wher~ the Customer has installed Company approved energy storage equipment. Monthly Customer Charge Per Account ............................................ $10.80 Energy Charge All metered kWh during on-peak billing period All metered kWh during off-peak billing period 5.584~ pet kWh 2.745~ per kWh For the purpose of this Schedule, the on-peak billing period is defined as 7 ~ to 8 p.m. local time, for all weekdays, Monday through Friday. The off-peak billing period is defined as 8 pan. to 7 a.m. for all weekdays and ail hours of Saturday and Sunday and the following legally observed holid~rys: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Issued: June 30, 2000 Effective: July 1,2000 through June 30, 2002 APPALACHIAN POWER COMPANY d/b/a American Electric Power Exhibit B Page 3 of 5 PUBLIC AUTHORITY TARIFF NO. 8 SCHEDULE P.A. (Continued) OPTIONAL ICE STORAGE RATE (continued) The Company reserves the right to inspect at all reasonable times tim energy storage equipment and dmrices which qualify the Account for service under the Oprional Ice Storage Rat~ If the Company finds that, in its sole judgment, the availability condifi~ms of this provision are being violated, it may discontinue billing the Account under this provision and commence billing under the standard monthly rote. OPTIONAL UNMETEHED SERVICE PROVISION (Schedule Code 800) Available to Public Authority Accounts with small fixed electrical loads of 2~ kW or less, such as traffic signals and signboards which can be served by a standard service drop from the Company's existing secondary distribution systcm. This service will be furnished at the option of the Company, if requested by the Customer. Each separate Account shall be separately billed under the agreemem for elecU/c service. In the event one customer has several Accounts for like service, the Company may meter one Account to determ/ue the appropriate kilowatt-hour usage applicable to each of the Accounts. The Customer shall furnish swiW. hing equipment satisfactory to the Company. The Customer shall notify the Company in advance of every change in connected load, and the Company reserves the right to inspect the Customer's equipment at any time to verify the actual load. In the event of the Customer's failure to notify the Company of an increase in load, the Company reserves the right to refuse to serve the contract location thereafter under this provision, and shall be entitled to bill the Customer re~oactiveiy on the basis of the increased load for the full period such load was connected plus three months. Calculated energy use per month shall be equal to the contract capacity specified at the location times the number of days in the billing period times the specified hours of operation. Such calculated energy shall then be billed at 4.$75¢ per KWH plus the Fuel Adjustment Clause plus a monthly customer charge of $5.27. DETERMINATION OF BILLING DEMAND The billing demand in KW shall be taken each month as the highest registration of a 1S-minute demand meter or indicator. Monthly billing demand established hereunder shall not be less than 60% of the Account's established contract For those Accounts that are designated to have a Reactive Demand Charge, the reactive demand in KVAR shall be taken each momh at the highest single 15-minute peak in KVAR as registered during the month by a KVAR meter or indicator. Billing demands shall be rounded to the nearest whole KV and KVAl~ MINIMUM CHARGE This Schedule is subject to a minimura monthly charge pcr account equal to the sum oftbe customer charge, demand charge, energy charges, fuel adjustment clause and reactive demand charge of the applicable monthly rate. MEASUREMENT OF ENERGY Energy supplied hereunder will be delivered through not more than one single phase and/or one polyphase meter for each Account. Issued: June 30, 2000 Effective: July 1, 2000 through June 30, 2002 APPALACHIAN POWER COMPANY dro/a American Electric Power Exhibit Page 4 of PUBLIC AUTHORITY TARXFF NO. 8 SCHEDULE P.A. (Continued) PAYMENT Bills are due upon presentation and payable by mail, checidess paymant plan, electronic payment plan, or at authorized collection a~encies of the Company by the next bill ~__~e__-~ On all accounts not so paid, a charge of 1-I/2% per month will be applied ~o any accomn balsm~s not received by tho Company by th~ n~xt bill 4~__.~ If the Company fails ~o mail bills promptly after the billing date, the due date will be extended accordingly. The Customer may designate its billing address. SPECIAL TERMS This Schedule is subject to all terms and conditions contained in the agreement for electric service entered into between the Company and each city, county and town gov~vh'vantal authority. FUEL ADJUSTMENT CLAUSE Bills computed according to the rates set forth herein will be inorcased or decreased by a Fuel Adjustment Factor per KWH calculat~i in compliance with the following Fuel Adjustment Clause. When the estimated unit cost of fuel (Fro/Sm) used to me~ Appalachian Povmr Company's Not Energy Requirement less losses (Sm) is above or below the base unit cost of 12.8000 mills per kilowa~our (Fb/Sb), an additional charge or credit equal ~o the product of the actual kilowaUhours used and a fuel clause adjuran~ factor (A) shall be made, wber~ (A), calculated to the nearest 0.0001 mill pm' kilowat~hour, is as d~med below: Adjustment Factor (A) =Fm - Fb Sm Sb Any difference betweeu the estima~xi cost of fuel used to meet Appalachian Power Company's Net Ener~ Requirement and the ac-mai cost of such fuel will be reflected in the calculation of the Fuel Adjuslmem Factor in the second succeeding month. In the above formula (F) is the expense of fossil and nuclear fuel in the base (b) and current (m) periods; and (S) is the KWH sales in the base and current periods, all as defined below: Fuel Costs (F) shall be the cost off (a) fossil and nuclear fuel consumed in Appalachian Power Company's plans, and Appalachian Power Company's share of fossil and nuclear fuel consumed in jointby owned or leased plants; (b) The cost of emission allowances consumed concurrently with the monthly emi---qion of sulfur dioxide from the Company's generating plants, including those wholly owned, jointly owned and leased; (c) the actual identifiable fossil and nuclear fuel costs associated with energy purchased for masons other than identified in (d) below;, (d) the net energy cost of mergy purchases, exclusive of capacity or demand chsrges (irrespective of the designation assigned to such umm~'lion) when such energy is purchased on an economic dispatch basis (included therein shall be such costs as the charges for economy energy purchases and the charges as a result of scheduled outage, all such kinds of energy being purchased by Appalachian Power Company to subsgmte for its own higher cost enersy), and less; (c) the cost of fossil fuel, emission allowauces and nuclear fuel recovered through inler-syslmn sales including thc fuel costs related to economy enersy sales and other energy sold on an economic dispa~h basis. Issued: June 30, 2000 Effective: July 1, 2000 through June 30, 2002 APP~CHIAN POWER COMPANY d/b/a American Electric Power Exhibit B Page 5 of 5 PUBLIC AUTHORITY TARIFF NO. 8 SCHEDULE P.A. (Continued) FUEL ADJUSTMENT CLAUSE (continued) Sales (S) shall be equated to the sum of(a) generation, (b) purclutscs, (c) interchange-in, less (d) energy associated with pumped storage operations, less (c) inter-system sales referred to in (c) above, less (0 total systcm losses. Sales (S) shall be modified to r~fl~ losses of 10.51% associa~d with Appalachian Power Company's deliveries to customers served under this schedule. · The adjustment factor developed according to the preceding parairaphs may be further modified to allow the recovery of gross receipts or other similar revenue based lax charges occasioned by the fuel adjusmient revenues. The cost of fossil fuel shall include no items other than those listed in Account 151 of the Commission's Uniform System of Accounts for Public Utilities and Licensees. The cost ofemi-~sion allowances shall be that included in Account 509. The cost of nuclear fuel shall be that as shown in Account 518, except that if Account 518 also contains any expense for fossil fuel which has already been included in the cost of fossil fuel, it shall be deducted from this account. All references to the Commission's Uniform System of Accounts for Public Utilities and Licensees shall be to such Uniform System of Accounts for Public Utilities and Licensees as is in effect from time to time. Issued: June :30, 2000 Effective: July 1, 2000 through Jue 30, 2002 APPALACHIAN POWER COMPANY d/b/n American Eketrie Power V& S.C.C. TARII~ NO. 17 Exhibit C First Revision of Sheet No. 16=1 SCHEDULE O~. -' AVAnJ~BILITY OF SERVICE Available for outdoor lighting to individual ~ustomen loca~ omside ~.~ eov~d by ~ street lighting MONTIILY RATE A. Ove~h~ Lightin~ Service Lamp Approx. Nominal InMai 100 9,~00 2OO 22,OOO 400 50,000 250 2~,500 400 50,000 Rn~ Per Month Bas~ LevelizM Tariff ~ Fuel Code $ $ 7.64 plus _~4 O94 8.87 plus 1.13 097 I0.06 plus 2.23 098 10.06 plus 1.38 127 12~0 plus 2.23 109 175 8~00 Men:my Vapor 6.58 plus .96 093 250* 13,000' Mercury Va0or 8~9 plus 1-34 096 400 23,000 Merely Vapor 10.13 plus 2.12 095 175 13,000 Metal Halide Flood 9.22 plus .96 - 134 400 36,000 Metal ~ Flood 9.39 pim 2.12 102 1000 110,000 Metal Halide Flood 26.64 plus 5.07 131 * Effis:iiveAu~ust2~ 1990, the250wslt 13,0001mnm mmmry vnpor lamp will no longm' be available for new inmllatiom or for r~air or ~pin~nent of esistin$ unit~ following: For each addifionnl pole and ~ wire spin not over 150 f~mt: Wood Pole S3..S0 per month Al:~imlm Pole S7.50 per moadl Fl'bm. gian Pole S8.50 per mondl B. Post-Top Li~ohtln_a Service installation Ohm typ~ and height of which will b~ oomismem with ~ Compan~ oousUmmion sumdards~ including underp~nd wi,in8 for a ~ of 30 f~t hum ~ Comlmy's exis~ns ~ ~ Lamp AM~I~t. Rnt~ 1~ Month Nominal Initisl Bas~ Leveliz~d Ta~ff ~ ~ ~ ~. F~ c~ 175 8~ M~ V~ 7.80 p~ .~ ~ 50 4,000 High Pr~sur~ Sodium 16.93 plus .26 133 70 6,300 High Prem~ Sodium 11.61 plus -38 106 100 9~00 High Pvusu~ Sodium 11.62 plus .54 111 250 28,500 High Ptussu~ Sodium 11.93 plus 138 103 400 50,000 High ~ Sodium 12.82 plus 2.23 104 Issued: November 30, 1999 El~ttve~ December 1, 1999 Pursuant to Order Dated November 8, 1999 Ca~ N~ PUE990716 APPALACHIAN POWER COMPANY d~/s Amwic~ Eketric Pome' VA. S.C.C. TABIFF NO. 17 SCIW~ O.L. (~i) B. Post-Top Lighting ~ - mmimmi Lamp Approx. Nomiml Initial ~o 400 175 13,000 M~ml ~ Flood 23.64 400 36,000 M~I ~ Flood 11.2~ 1000 110,000 Metal ~ Flood 52.42 ~ Tariff Fuel Code plm 2.12 10~ plus I_38 128 plus 2.23 124 plus .96 13S plus 2.12 126 plus ~.07 132 Exhibit C First Revisiou of Sheet No. 16-2 Cusma~ mmchm and backflll~ entire mmch* ('nmudins th~ nnt 30 ~ea~ * Trench must comply with ail Company ~ local smn~. PAYMENT bill ~ dsm. A ~ of 1 ½% p~r month will be applied m any account ~t~ces, excluding local For all oth~ ~mmnm~ with ouldoor liglm, bil~ a~ due uooa ~ Any amount due and not received by mail, checkless pa~nmit plm, el~mmi~ psymmt plan, or st m~e~zmi psymmt agems of ~he Company within twenty (20) days ofthe bill 1~ date shMl be subject to a del~ paymmt c~ of 1½%. This charge shall not be applicable to local consumer ~ taxes. Isme~ November 30, 1999 Purmmnt to Order Dated November 8, 1999 Case No. PUE990716 Effusive: Deem~ I, 1999 APPALACHIAN POWER COMPANY d/b/a American El~'trie Power Exhibit C First Revision of Sheet No. 16=3 VA. S.C.C. TARIFF NO. 17 SCl~gn~ O.L. (Outdoor Li~tinO (continued) HOURS OF LIGHTING oF FACKn' Conditions of Service. SPECIAL ~ AND CoNDmON~ This Schedule is sabject to the Company's Terms and Conditions of Service. I~su~d: Februm~ 22, 1999 Pursuit to F~ml Ord~ Dami F~br~r~ 18,1999 Ca~ N~ PUE96~01 APPALACm~kN POWER COMI'ANY d/h/~ Amerie:m El~'tri¢ Power VA. S.C.C. TARIFF NO. 17 SCHEDUI~ OJ~ Exhibit C First Revision of Sheet No. 1 ~4 TOTAL MONTHLY ENERGY CONSUMP'IION IN KILOWATT HOURS PER SINGLE LAMP ALL ~U(mT LAMPS (~ for ~o~ ~ ~o To~ 400O Hour~ TYPI~ OF LAMP, API, aOXIMATa LUMRqS, & ToM NOMINALWATTA~ V/mn Jm ~ ~ ~ ~ Jm ~ ~ ~ ~ ~ ~Y 7~ L ~ L 17~ 216 91 76 76 ~ ~g ~ ~ ~ ~ gl ~ 10,7~ L 13,~ L ~0W ~1 ~ L~ 1~ ~ 81 ~ ~ ~ ~ 113 119 19,1~ L ~,~ L ~ 474 1~ 167 1~ 1~ 1~ 114 ~1 ~8 1~ 1~ 1~ 2~ 33,~ L ~,~ L 7~ ~ ~7 ~ ~ ~1 21~ 1~ 20~ ~ ~ ~ 318 S~ V~R 3,~L 4,~ L ~W ~8 ~ ~ ~ 1~ 1~ 14 15 17 19 ~ ~ ~,670 L 6~ L 70W ~ ~ ~ ~ ~ ~ 21 ~ ~ ~ 32 ~ 37 8~50L 9~ L I~W 121 ~! 43 ~ 36 ~ ~ 31 35 39 4~ ~ 14,~L I~ L l~0W 176 74 ~ ~ ~ 47 42 4~ 51 57 ~ ~ 75 19,~L ~ L 2~W ~ 1~ ~ ~ 76 ~ 61 ~ 74 81 ~ 1~ ~,~L ~ L ~0W ~ 130 1~ l~ ~ ~ 74 ~ ~ ~ 116 ~ 33~L 37,~ L 310W ~ 1~ 1~ 128 110 ~ ~ 93 1~ 117 137 14~ 45,~L 50,~ L ~W 5~ 210 176 176 1~ l~ 1~ 1~ 1~ 1~ I~ 1~ 214 ~;~ L l~,~ L 1,~ 1,13S 4~ ~ ~ ~ ~ 2~ ~1 331 ~ 4~ ~ 10D~0 L 13,~ L 17~ 216 91 76 76 ~ ~8 ~2 ~ ~ ~ 81 M 17,~ L 2~ L ~0W ~1 ~7 1~ 1~ ~ 81 ~ ~ ~ ~ 113 119 ~ L ~ L ~W 474 l~ 1~ I~ 142 ~ 114 ~1 13g 1~ 178 I~ 8~ L 110,~ L I,~W 1.~ 4W ~ ~ ~ ~ ~ ~1 331 3~ 4~ ~ ~6 Issued: Februr7 22,1999 l~ursuant to Fbmi Order Dated February 18,1999 Case No. pUE960301 ATTACHMENT 2 TO: FROM: DATE: RE: 'County Administrators and City/Town Managers in the Appalachian Power Company Service Territory R. Michael Amyx, Executive Director, Virginia Municipal League James Campbell, Executive Director, Virginia Association of Counties July 31, 2000 VMI./VACo Rate Negotiations with Appalachian Power Company We reported to you April 28, 2000 that the VML/VACo APCo Steering Committee reached an agreement in principle with Appalachian Power Company (doing business as American Electric Power "AEP") for electric service to the political subdivisions in the AEP service area. Changes to the contract language and rate schedules have now been finalized. A redlined version of the main contract showing language changes from the previous contract is attached along with a revised rate schedule. AEP should deliver a formal agreement to each governmental entity soon for necessary execution by the governing body. The decrease in rates negotiated went into effect July l, 2000 for service rendered after that date. Localities should check their bills to ensure that the decrease was implemented. Local governments enter into a separate contract for street lighting services. This contract will be revised soon for those entities that have a street lighting contract that expires prior to June 30, 2002. Regardless of when your locality's street lighting contract expires, street lighting rates were negotiated to stay the same. As reported earlier, the main contract will be for a three-year period from July 1, 1999 to June 30, 2002. In the first year, rates are unchanged but in the second and third years, there is an overall annual decrease of approximately 4.5% from the rates previously in effect. This results in a decrease in revenue of $2 million to AEP over the period of the contract. The agreement also includes a provision to include the cost of emission allowances in the Fuel Adjustment Clause beginning July 1, 2000. The overall impact of this during the last two years of the contract is expected to be a minimal increase (i.e. $60,000 annually). The contract also includes provisions that will enable local governments to begin preparing for the time when they must exercise "choice" in selecting an electric generation supplier. These provisions include the requirement for AEP to provide data on the amount and usage pattern of all accounts for the local government class. Local governments can use this information to develop load profiles to enable them to determine the terms and rates for obtaining generation service from competitive suppliers. Regardless of which utility supplies future generation service, AEP will continue to provide distribution service in its service area and the agreement provides that by January 1, 2002 the parties will negotiate a distribution rate based on AEP's cost of delivering electricity to the local government customers. Although this newly negotiated contract will extend to June 30, 2002, it is most advisable for local governments to commence immediately to explore all possible .options for purchasing electricity to e~nsure that gove.rnments do not pay more than "fair and reasonable" rates. There is much that local governments need to do to prepare for "choice." You will be hearing more about this in the near future as the Steering Committee considers the best means to move forward. However, the development of load profiles and "unbundling" the distribution rate from the single rate, which now includes distribution, transmission and generation, services are key initiatives that must be undertaken before local governments can exercise "choice". The agreement with AEP will allow these to be completed prior to the end of the contract irrespective of when local governments move to exercise "choice." Of course, each locality must enter into an agreement with AEP that must be approved by the locality's governing body. However, we recommend the agreement negotiated by the Steering Committee, and are hopeful that, as in the past, each locality will accept the Steering Committee's recommendation in lieu of individually negotiating its own contract. If your locality has not paid its assessment to pay negotiating expenses, we hope it will do so. The rates negotiated over the three-year contract period provide savings to our localities many times greater than the assessment that was required to finance the negotiations. Each locality benefits from this collective effort; it is only appropriate that each locality share the expenses for such. ff your locality has not paid, an invoice is enclosed for its assessment. The Steering Committee, chaired by Kit Kiser of the City of Roanoke, has expended a great deal of time and effort in the negotiation process. They deserve the gratitude of all affected localities for the conscientious and valuable service rendered in the successful conclusion of these negotiations. If your locality is not represented on the Steering Committee and would like to send a representative or be included on the mailing list to receive all correspondence sent to the Steering Committee, please contact Sarah Finley at the number below or e-mail her at sfinley@wmcd, com. If you have any questions, please do not hesitate to call Howard W. Dobbins (804) 783- 6441, Sarah Hopkins Finley (804) 783-6481 or C.F. Hicks at (804) 788-6652. cc: VML/VACo APCo Steering Committee 0610373.03 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #22-60-304-305 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35079-100200 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for apPropriation of $106,606.00, in connection with acceptance of a grant from the United States Department of Health and Human Services for the Sanctuary Runaway and Homeless Youth Outreach Program, to provide services at the City's Crisis Intervention Center (Sanctuary). The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment James D. Grisso October 4, 2000 Page 2 pc: Dadene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development Dr. Molly O'Dell, Health Director, Commonwealth of Virginia, Roanoke City Health District Glenn D. Radcliffe, Director, Human Services/Social Services Marion Vaughn-Howard, Youth Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of October, 2000. No. 35079-100200. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Health and Welfare Runaway and Homeless Youth Grant FY01 (1-17) ................. $ 4,051,915 106,606 Revenues Health and Welfare Runaway and Homeless Youth Grant FY01 (18) .................. $ 4,051,915 106,606 1 ) Regular Employee Salaries 2) Temporary Employees Wages 3) City Retirement 4) ICMA Match 5) FICA 6) Health Insurance 7) Dental Insurance 8) Life Insurance 9) Disability Insurance 10) Fees for Professional Services 11) Cellular Telephone 12) Administrative Supplies 13) Publications and Subscriptions 14) Dues and Memberships (035-630-5137-1002) $ 58,465 (035-630-5137-1004) 17,000 (035-630-5137-1105) 5,262 (035-630-5137-1116) 1,122 (035-630-5137-1120) 5,773 (035-630-5137-1125) 4,200 (035-630-5137-1126) 372 (035-630-5137-1130) 468 (035-630-5137-1131 ) 140 (035-630-5137-2010) (035-630-5137-2021) (035-630-5137-2030) (035-630-5137-2040) (035-630-5137-2042) 1,500 700 804 400 700 15) Training and Development 16) Local Mileage 17) Program Activities 18) Federal Grant Receipts (035-630-5137-20~) $ 3,000 (035-630-5137-2046) 2,000 (035-630-5137-2066) 4,700 (035-630-5137-5137) 106,606 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report October 2, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Acceptance of Runaway and Homeless Youth Act Grant funds from the United States Department of Health and Human Services for Sanctuary's Outreach Program. Background: Sanctuary's Outreach Program is for youth who are runaway, homeless or in high risk situations of becoming a runaway or homeless youth. This program is designed to reduce the number of runaway and homeless youth in our community and to increase family reunification. This program has been in operation and grant funded for 11 years. Considerations: Sanctuary's Outreach program provides an expedient service to clients who are in crisis by maintaining the residential programs' waiting list. The outreach program provides services to youth and their families who are waiting for bed space in the residential program. The services provided include assessments, intakes, counseling, medical/ psychiatric emergencies and referrals. The goal of the Outreach Program is to alleviate the need for a bed in the residential program and to facilitate family reunification. Grant funding must be applied for on an annual basis. This is the third year in a three year funding cycle. Recommended Actions: Adopt a resolution accepting the $106,606.00 in 2000-2001 funding from the Department of Health and Human Services, Grant # 03CY0396/3, for Sanctuary's Runaway and Homeless Youth Outreach Program; Authorize the City Manager to execute the required Grant Acceptance, Request for Funds and any other forms required by the Department of Health and Human Services in order to accept these funds; and 3. Appropriate $106,606.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as detailed in Attachment A. espectfully submitted, Dar'~e L. Burcham City Manager Attachment: C~ Glenn D. Radcliffe, Director of Human Services/Social Services Letitia Malone, Juvenile Justice Administrator William Hackworth, City Attorney James D. Grisso, Director of Finance Sherman Stovall, Management and Budget Tammy Todd, Senior Accountant Jim O'Hare, Youth Counselor Supervisor Debby Stanley, Youth Counselor III Sandra McCoy, Report Author #00-400 Runaway and Homeless Youth Act Grant 2000/2001 Accounts Description Revenue-2000/2001 RHY-Basic Grant Total Revenue Amount $106,606.00 $106,606.00 Attachment Expenditures: 1002 1004 1105 1116 1120 1125 1126 1130 1131 2010 2021 2030 2040 2042 2044 2046 2066 Regular Salaries Temporary Employees City Retirement ICMA Match FICA Health Dental Life Long Term Disability Fees for Professional Services Telephone/Cellular Administrative Supplies Publications and Subscriptions Dues/Memberships Training and Development Mileage Program Activities $58,465.00 17,000.00 5,262.0O 1,122.00 5,773.00 4,200.00 372.00 468.00 140.00 1,500.00 700.00 804.00 400.00 700.00 3,000.00 2,000.00 4,700.00 Total Expenditures $106,606.00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk O~ober4, 2000 File #22-60-304-305 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35080-100200 authorizing acceptance of a grant from the United States Department of Health and Human Services, in the amount of $106,606.00, to provide services at the City's Crisis Intervention Center (Sanctuary), and further authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Martin Jeffrey, 517 Rutherford Avenue, N. W., asked if the City is required to provide matching funds for the grant, and, if so, which City budget line item will be responsible for providing the matching funds. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment Darlene L. Burcham October 4, 2000 Page 2 pc: Martin Jeffrey, 517 Rutherford Avenue, N. W., Roanoke, Virginia 24016 George C. Snead, Jr., Assistant City Manager for Community Development Dr. Molly O'Dell, Health Director, Commonwealth of Virginia, Roanoke City Health District James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Services/Social Services Marion Vaughn-Howard, Youth Planner 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 2000. No. 35080-100200. A RESOLUTION authorizing the acceptance of a grant from the United States Department of Health and Human Services to provide services at the City's Crisis Intervention Center (Sanctuary); and aUthor/zing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant (No. 03CY0396/3), in the amount of$106,606 to be used to augment client services at the City ofRoanoke's Crisis Intervention Center through Sanctuary's RunaWay and Homeless Youth Outreach Program, and as more particularly set forth in the October 2, 2000, report of the City Manager to this Council. 2. The City Manager is hereby authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: City Clerk. H:~S~q.G-DLC. R~naway- 10-2 October 9, 2000 Mr. Martin Jeffrey 2901 Bradley Street, NE Roanoke, VA 24012 Dear Mr. Jeffrey: RE: Questions cOncerning Council Agenda Items At your request, I am providing answers to questions you raised at the City Council meeting on Monday, October 2. In addition to the questions raised at that time, you asked me on OctOber 4 to answer two other questions that you did not get to ask at the Council meeting. On Item 5.a.5, the source of funds for the Runaway and Homeless Youth Outreach Program in the amount of $106,606 was requested. This is a grant from the U.S. Department of Health and Human Services and requires no local cash match. This is an on-going program that Sanctuary (the Crisis Intervention Center) has operated with this funding for several years and provides for counseling and work with the families who are on the waiting list to get into. Sanctuary. On Item 5.a.6, you asked what is included in the Certified Crime Prevention Community Program. This statewide certification program, which is preventive in nature, is one of the first in the nation and is designed to encourage localities to develop and implement collaborative community crime-prevention plans. It also provides for an ongoing process by which communities reassess their plans and programs. The report lists the required elements and the optional elements that will make up the certified program. On Item 5.a.7, you asked what the library grant from the State of $43,550 will be used for and which branches will benefit. First of all, State Aid is distributed to each library system in the Commonwealth based on a formula. The initial grant for this year was $235,050, which was less than the maximum of $250,000 we are eligible to receive under the formula. The $43,550 is additional money that will be made available by the State and will be used to buy books and equipment for the entire system. The $43,550 will be spent as follows: Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 2401 I- i 591 (540) 853-2333 FAX (5,:t0) 553-' ' .~5 CityWelD:www c~ roanoke.va.us ' $3,950 for a video tape cleaning machine which will be housed at the Main Library and will be used to clean videos that are housed at all six locations of the library system $39,600 will be used to purchase materials in various formats such as books, magazines, videos, CD's and tapes. These materials will be housed in all branches of the system. On item 5.b.1, you asked about the amount of the bonds requested by the school system. The bond amount for Preston Park Elementary is $1.9 million; Grandin Court Elementary, $1.9 million; and Garden City Elementary, $2.75 million. As stated previously, you did not get to ask questions on two other items and I am pleased to respond to these as well. On Item 5.a.2, you asked if the contractor for the sludge removal for the city's Water Pollution Control Plant is required to be certified and if there is a copy of such certification on file. Any contractor that is eligible to perform this service for us must be a licensed contractor in the State of Virginia. The State requires certain certifications prior to licensing such contractors. A copy of the license for our contractor is on file. On Item 5.a.3, you asked the purpose of the $750,000 appropriation from the sewage fund. That funding will provide for the removal of an additional 2,000 dry tons of biosolids and for additional operating costs and consulting fees associated with the recent plant expansion. I trust this information is responsive to your request. JDR:ca:cs C: Sincerely yours, James D. Ritchie Deputy City Manager The Honorable Ralph K. Smith, and Members of City Council Darlene L. Burcham, City Manager Mary F. Park, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #5-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35081-100200 authorizing the City's participation in the Certified Crime Prevention Community program which is administered by the Virginia Department of Criminal Justice Services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Martin Jeffrey, 517 Rutherford Avenue, N. W., inquired as to specific activities to be addressed in the program and if there will be an opportunity for citizens to receive information. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Martin Jeffrey, 517 Rutherford Avenue, N. W., Roanoke, Virginia 24016 George C. Snead, Jr., Assistant City Manager for Community Development Barry L. Key, Director, Department of Management and Budget A. L. Gaskins, Chief, Police Department IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 2000. No. 35081-100200. A RESOLUTION authorizing participation in the x&'sinia Certified Crime Prevention Community Program. WHEREAS, Council is interested in the safety and security of its citizenry and the community at large and is prepared to support appropriate efforts within the community to promote crime prevention and community safety; and WHEREAS, the Department of Criminal Justice Services (DC$S) offers a program entitled. the Certified Crime Prevention Community Program which is specifically designed to recognize V~rginia communities committed to crime prevention and community safety while providing a framework for those communities to institutionalize crime prevention at the local level. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke wishes to participate in the Certified Crime Prevention Community Program, and authorizes the City Manager to take all reasonable steps to meet the DCJS requirements for the City to become desL~-,-ated as a Certified Crime Prevention Community. 2. Because the program requires the existence of a local community crime prevention/community safety council or coalition, this Council designates the Crime and Safety Coalition of Roanoke to represent our community for the purpose of participating in this program. ATTEST: City Clerk October 9, 2000 Mr. Martin Jeffrey 2901 Bradley Street, NE Roanoke, VA 24012 Dear Mr. Jeffrey: RE: Questions concerning Council Agenda Items At your request, I am providing answers to questions you raised at the City Council meeting on Monday, October 2. In addition to the questions raised at that time, you asked me on October 4 to answer two other questions that you did not get to ask at the Council meeting. On Item 5.a.5, the source of funds for the Runaway and Homeless Youth Outreach Program in the amount of $106,606 was requested. This is a grant from the U.S. Department of Health and Human Services and requires no local cash match. This is an on-going program that Sanctuary (the Crisis Intervention Center) has operated with this funding for several years and provides for counseling and work with the families who are on the waiting list to get into Sanctuary. On Item 5.a.6, you asked what is included in the Certified Crime Prevention Community Program. This statewide certification program, which is preventive in nature, is one of the first in the nation and is designed to encourage localities to develop and implement collaborative community crime-prevention plans. It also provides for an ongoing process by which communities reassess their plans and programs. The report lists the required elements and the optional elements that will make up the certified program. On Item 5.a.7, you asked what the library grant from the State of $43,550 will be used for and which branches will benefit. First of all, State Aid is distributed to each library system in the Commonwealth based on a formula. The initial grant for this year was $235,050, which was less than the maximum of $250,000 we are eligible to receive under the formula. The $43,550 is additional money that will be made available by the State and will be used to buy books and equipment for the entire system. The $43,550 will be spent as follows: Room 364 Municipal South 21,5 Church Avenue, S.W. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX ~540) 553-' ' ]] CityWeD:www c~ roanoke va.us $3,950 for a video tape cleaning machine which will be housed at the Main Library and will be used to clean videos that are housed at all six locations of the library system $39,600 will be used to purchase materials in various formats such as books, magazines, videos, CD's and tapes. These materials will be housed in all branches of the system. On item 5.b.1, you asked about the amount of the bonds requested by the school system. The bond amount for Preston Park Elementary is $1.9 million; Grandin Court Elementary, $1.9 million; and Garden City Elementary, $2.75 million. As stated previously, you did not get to ask questions on two other items and I am pleased to respond to these as well. On Item 5.a.2, you asked if the contractor for the sludge removal for the city's Water Pollution Control Plant is required to be certified and if there is a copy of such certification on file. Any contractor that is eligible to perform this service for us' must be a licensed contractor in the State of Virginia. The State requires certain certifications prior to licensing such contractors. A copy of the license for our contractor is on file. On Item 5.a.3, 'you asked the purpose of the $750,000 appropriation from the sewage fund. That funding will provide for the removal of an additional 2,000 dry tons of biosolids and for additional operating costs and consulting fees associated with the recent plant expansion. I trust this information is responsive to your request. JDR:ca:cs c: Sincerely yours, James D. Ritchie Deputy City Manager ' The Honorable Ralph K. Smith, and Members of City Council Darlene L. Burcham, City Manager Mary F. Park, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Roanoke City Council Regular Agenda Report October 2, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Certified Crime Prevention Community Program Background: By Executive Order, Governor Gilmore has established the Certified Crime Prevention Community Program, administered by the Virginia Department of Criminal Justice Services. The program requires that a community meet twelve core elements and a minimum of seven optional community safety elements to qualify for designation as a Crime Prevention Community. Other than adoption of a resolution of participation and submission of a statement of intent to participate, the City of Roanoke already meets the designation criteria shown on the attachment. Participation in this program would demonstrate the City's commitment to crime prevention. Additionally, becoming a Certified Crime Prevention Community would assist economic development initiatives and give Roanoke a preference in the state criminal justice grant application process. Re-certification in the process is required every three years. Recommended Action: City Council adopt the attached resolution authorizing Roanoke's participation in the Certified Crime Prevention Program. Resi~ectfully submitted, Ohrlene L. Burchac~h City Manager Attachment: 1 CC: City Clerk City Attorney Assistant City Manager for Community Development Chief A. L. Gaskins, Police 00-401 Attachment 1 Council Report 00-401 Certified Crime Prevention Community Program Virginia Department of Criminal Justice Services Required Core Community Safety Elements 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Development of a local community crime prevention coalition. A DCJS-certified crime prevention specialist assigned to crime prevention duties. A neighborhood watch program with training and documented support. Community policing or a crime control planing process. Organized distribution of community safety information Designation of person(s) trained to conduct community safety assessments. Functional crime analysis capability. A comprehensive school safety audit process. A business watch program with training and documented support. An on-site victim/witness services program. A delinquency prevention program targeting at-risk youth. An accredited local law enforcement agency. Optional Community Safety Elements (Must meet a minimum of seven; Roanoke meets those shown in bold.) DARE or similar school-based prevention program National Night Out Crime Solvers/Stoppers program Crime Prevention Newsletter School Resource Police Officer(s) Domestic violence response program School violence prevention curriculum Crime prevention in public housing "Zero tolerance" policies in schools Truancy prevention initiatives School crime lines McGruff House program Employee Watch program Annual crime prevention awards Inter-agency code enforcement teams Cooperative agreements between jurisdictions on crime/safety issues Fatherhood responsibility/accountability initiative Pre-trial corrections program Campus crime prevention outreach CITY OF R O NOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #60-323 James D. Grisso Director of Finance Roanoke, Virginia Darlene L. Burcham City Manager Roanoke, Virginia Dear Mr. Grisso and Ms. Burcham: I am attaching copy of Ordinance No. 35082-100200 amending and reordaining certain sections of. the 2000-2001 General Fund Appropriations, providing for appropriation of $43,550.00, in connection with State aid to public libraries. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Martin Jeffrey, 517 Rutherford Avenue, N. E., inquired if funds will be allocated to each branch library, and, if so, how will the determination be made. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Martin Jeffrey, 517 Rutherford Avenue, N. E., Roanoke, Virginia 24016 George C. Snead, Jr., Assistant City Manager for Community Development Barry L. Key, Director, Department of Management and Budget Emily Keyser, Acting Director, Department of Libraries IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of October, 2000. No. 35082-100200. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3~)ropriation~ Parks, Recreation and Cultural Libraries (1-2). Revenues $ 4,607,190 2,272,281 Grants-in-Aid Commonwealth Other Categorical Aid (3) 1) Expendable Equipment 2) Publications and Subscriptions 3) Library (001-650-7310-2035) $ 3,950 (001-650-7310-2040) 39,600 (001-110-1234-0656) 43,550 $ 61,662,779 15,573,023 BE. IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report :22 October 2, 2000 Honorable Ralph Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Background: State Aid to Public Libraries The original FY2000-01 estimate for state aid for the Roanoke Public Library was $235,000. Because of General Assembly action, the actual appropriation is $278,550, which represents an increase of $43,550. Recommended Actions: Increase the revenue estimate in account number 001-110-1234_0656, Grants-in-Aid Commonwealth--Library, by $43,550. Appropriate additional funds to the accounts listed below as follows: Expendable Equipment 001-650-7310-2035 $ 3,950 Publications and Subscriptions 001-650-7310-2040 39,600 $43 550 C: City Clerk City Attorney Director of Finance Acting Director of Libraries #00-443 v '00 ?~'-9 October 9, 2000 Mr. Martin Jeffrey 2901 Bradley Street, NE Roanoke, VA 24012 Dear Mr. Jeffrey: RE: Questions concerning Council Agenda Items At your request, I am providing answers to questions you raised at the City Council meeting on Monday, October 2. In addition to the questions raised at that time, you asked me on October 4 to answer two other questions that you did not get to ask at the Council meeting. On Item 5.a.5, the source of funds for the Runaway and Homeless Youth Outreach Program in the amount of $106,606 was requested. This is a grant from the U.S. Department of Health and Human Services and requires no local cash match. This is an on-going program that Sanctuary (the Crisis Intervention Center) has operated with this funding for several years and provides for counseling and work with the families who are on the waiting list to get into Sanctuary. On Item 5.a.6, you asked what is .included in the Certified Crime Prevention Community Program. This statewide certification program, which is preventive in nature, is one of the first in the nation and is designed to encourage localities to develop and implement collaborative community crime-prevention plans. It also provides for an ongoing process by which communities reassess their plans and programs. The report lists the required elements and the optional elements that will make up the certified program. On Item 5.a.7, you asked what the library grant from the State of $43,550 will be used for and which branches will benefit. First of all, State Aid is distributed to each library system in the Commonwealth based on a formula. The initial grant for this year was $235,050, which was less than the maximum of $250,000 we are eligible to receive under the formula. The $43,550 is additional money that will be made available by the State and will be used to buy books and equipment for the entire system. The $43,550 will be spent as follows: Room 364 MunicilDol South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 553-' ' ~A CityWel::):www. c~ roano ke.va, us ~ ~ $3,950 for a video tape cleaning machine which will be housed at the Main Library and will be used to clean videos that are housed at all six locations of the library system · $39,600 will be used to purchase materials in various formats such as books, magazines, videos, CD's and 'tapes. These materials will be housed in all branches of the system. On item 5.b.1, you asked about the amount of the bonds requested by the school system. The bond amount for Preston Park Elementary is $1.9 million; Grandin Court Elementary, $1.9 million; and Garden City Elementary, $2.75 million. As stated previously, you did not get to ask questions on two other items and I am pleased to respond to these as well. On Item 5.a.2, you asked if the contractor for the sludge removal for the city's Water Pollution Control Plant is required to be certified and if there is a copy of such certification on file. Any contractor that is eligible to perform this service for us must be a licensed contractor in the State of Virginia. The State requires certain certifications prior to licensing such contractors. A copy of the license for our contractor is on file. On Item 5.a.3, you asked the purpose of the $750,000 appropriation from the sewage fund. That funding will provide for the removal of an additional 2,000 dry tons of biosolids and for additional operating costs and consulting fees associated with the recent plant expansion. I trust this information is responsive to your request. JDR:ca:cs C: Sincerely yours, James D. Ritchie Deputy City Manager The Honorable Ralph K. Smith, and Members of City Council Darlene L. Burcham, City Manager Mary F. Park, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #60-236-354-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35083-100200 amending and reordaining certain sections of the 2000-2001 Department of Technology and Grant Fund Appropriations, providing for appropriation of $12,000.00, in connection with the EMS Computer Block Grant, for enchancements to the current records management system and eight computers to service six Fire/EMS stations with ambulances and EMS administrative use. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Sincerely, //~ Mary F.-P~r~er, CMC City Clerk MFP:vbc Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Department of Management and Budget Kit B. Kiser, Assistant City Manager for Operations James Grigsby, Director, Department of Fire/EMS Joe D. Slone, Director, Department of Technology IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd da}, of October, 2000. No. 35083-100200. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Department of Technology and Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Govemment of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Department of Technology and Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Department of Technolo.qy Fund Capital Outlay $ 6,888,524 Public Safety Automation Project (1) ............................. 3,117,280 Operating $ 3,175,425 Transfer to Grant Fund (2) ..................................... 4,000 Grant Fund Public Safety EMS Computer Block Grant FY01 (3) ............... · ............. Revenues Public Safety EMS Computer Block Grant FY01 (4-5) .......................... $ 1,771,436 12,000 $ 1,771,436 12,000 1 ) Appropriated from General Revenue 2) Transfer to Grant Fund 3) Expendable Equipment < $5,000 4) State Grant Receipts 5) Local Match (013-052-9841-9003) (013-430-1601-2240) (035-520-3340-2035) (035-520-3340-3340) (035-520-3340-3341) $( 4,000) 12,000 8,000 4,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke Ci{~cdun(~ii:~ Regular Agenda Report October 2, 2000 The Honorable Mayor Smith and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of City Council Subject: EMS Computer Block Grant Background: In July, 2000 the State Department of Health mandated through legislation emergency medical services reporting requirements. Fifty-three elements of data must be submitted on a quarterly basis to comply with this mandate. Additionally, on January 1, 2001 the StateDepartment of Fire Programs will change fire reporting requirements to comply with the National Fire Incidents Reporting standards. In August, 2000, the State Office of Emergency_ Medical Services announced a block grant program for automatic external defibrillators (AED)and computers. The State identified limited funding for this program, allowing $3,000 per AED and $1,000 per computer. The computer grants were targeted toward agencies in need of computers to comply with state reporting requirements. Consideration: Roanoke Fire - EMS has submitted a funding request to the Information Technology Committee (ITC) for a fire and ems records management system (RMS). Changes in state reporting mandates for both fire and ems necessitate enhancements to the current records management system. The funding request is to network our fire-ems stations to a central computer with one common records management software. Roanoke Fire-EMS submitted a block grant application for eight (8) computers to service the six fire-ems stations with ambulances. The two additional computers were slated for ems administrative use. On September 20, 2000, Roanoke Fire-l~MS was awarded a block grant for eight (8) computers at $1,000 each. There are no matching fund requirements for this grant, however, the Department of Technology estimates the computers will cost $1,500 each to ensure network capability. This grant will help offset the cost of the RMS project, if funded, by $8,000. Recommendation: 2A(~5~5ropriate state funds in the amount of $8,000 to the grant fund account (035-520-3340- ). Additionally, ap~3ropriate local funds from public safety automation project account (_013-052-9831-9003) ~n the amount of $4,000 to the grant account (035-520-3340-2035). Establish a grant fund revenue estimates totaling $12,000. Attachments (1) c: City Clerk City Attorney Director of Finance Assistant City_ Manager, Operations Fire-EMS Chief # 00-175 COMMONWEALTH of VIRGINIA E. Anne Peterson, M.D.M.P.H State Health Conmfissioner P. Scott Winston Assistant Director Department of Health Office of Emergency Medical Services September 1, 2000 1538 East Parham Road Richmond, Virginia 23228 1-800-523-6019 (VA only) 804-371-3500 FAX: 804-371-3543 Grant Administrator ROANOKE FIRE 8,: EMS 541 LUCK AVE SW, SUITE 120 ROANOKE VA 24016 Dear Grant Administrator: I am pleased to announce that your agency' has qualified for an Office of EMS Block Grant award. Awards for AEDs and 15 I computers have been approved for funding. Because of the importance of this equipment, funding is being made available outside of the normal grant cycles. Please note the very important dates for purchase and reimbursement! You may purchase the awarded item(s) indicated on the Award Page between September 1, 2000 and November 1, 2000. All required documentation (original invoice, Agreement for Sen'ice, Final Report Form) are to be submitted for reimbursement no later than December 1, 2000. Please refer to the attached Award Page for >'our specific award(s). AED AWARDS: The Automated External Defibrillator (AED) awards were made, based on the placement of the AED either on a permitted transport vehicle or on a permitted non-transport vehicle. AED Condition: BLS permitted agencies are required to purchase an AED unit only. Combination defibrillator (unit with manual and AED modes) will not be reimbursed. COMPUTER AWARDS: Each of computer atvards will have the following conditions: Computer Condition: Any agency receiving state funds for a computer must agree to the following conditions: 4. Establish an internet account and provide OEMS with agency e-mail address 5. Must submit PPCR data electronically to OEMS 6. Must submit all grants electronically to OEMS Please contact mc with any questions that you have. Sincerely, Carol S. Morrow, Grant Administrator MENT H and Your Envimetmem www.vdh.state.va.us/oems Virginia Office of Emergency Medical Services ',~?ginia Department of Health OEMS Block Grant Return an original form to the OEI~IS and retain a copy for your records As a grantee under the terms of the Office of EMS Comolidated Grant Program the undersigned hereby agrees to abide by the following requirements: Awards shall not be transferable. Any funds disbursed pursuant to an award shall be properly used and accounted for at all times. Grantee is be responsible for the preparation and maintenance of proper accounting records which shall be maintained for a period of not less than five (5) years and which shall be subject to and available for inspection by the Commissioner or his agent and for state audit inspections. Funds shall be reimbursed solely to grantee for the items, services or purposes for which they ~vere a~varded. Grantee must comply with all conditions as noted on Award Page. Should any audit reveal that funds were disbursed for item(s) not awarded funding, the grantee shall be held responsible for repayment. Reimbursement shall not be made for expenditures or commitments made prior to, or after the conclusion of the grant period dates. Purchases can be made between September 1, 2000 and November 1, 2000. Equipment axvarded fun~-~g is to be purchased new, be operational and all documentation submitted for reimbursement (original invoices) to OEMS, no later than December 1, 2000. Grant funds are for purchased items only. Leased equipment or vehicles are not elig/ble for reimbursement. Loans v~hich require a lien being placed on a vehicle that has been purchased with grant funds is discouraged. Requests for reimbursernent that have not been submitted to OEMS by the conclusion of the grant period shall revert to RSAF. No funds shall be reimbursed for capital outlay for any construction projects or for daily operational costs, extended warranties or maintenance agreements. The equipment purchased in v~hole or in part with the use of state mordes shall be used by the grantee and shall remain for use within grantee's jurisdictior~ Grants awarded under RSAF are required to submit an Equipment Status/Final Report Form to the OEMS no later than December 1, 2000. 10. The grantee shall comply with all plans, policies, procedures and guidelines adopted by the State EMS Advisory Board and the Health Codes of Virginia, as they may apply. 11. The grantee shall not discriminate in the provision of its services or in the conduct of its business or affairs on the basis of race, color, creed,, religion, sex, disability, or national origin 12. Grant awards for any defibrillator, vehicle or other equipment as indicated on Award Page conditions, must display the OEMS sticker stating that funding was provided by the Office of EMS. The sticker for the defibrillator must be displayed in a location easily seen by OEMS Program Representative upon inspection. The sticker for the vehicle is to be displayed in the rear w/ndow on the inside of the vehicle easily seen by the public. 13. Automatic External Defibrillators (AED) - BLS permitted agencies are required to purchase an AED urdt only. Combination defibrillators (unit with manual and AED modes) will not be reimbursed. 1538 E Parham Road, Richmond VA 23228 (804) 371-3500 (800) 523-6019 FAX (804) 371-3543 Page 1 Revision 09/00 Virginia Office of Emergency Medical Services Virginia Department of Health 14. Computers - Any agency receiving state funds for a computer must agree to establish an intemet account and provide OEMS with agency e-mail address; must submit PPCR data electronically to OEMS and must submit all grants electronically to OEMS. VERIFICATION I, as the Authorized Agent, affirm that the grantee agrees to abide by all items listed in the Agreement for Semces, and by signing below attests to this fact. Any fraudulent submissions for pa.vment (or misrepresentations of any kind) may be considered sufficient cause for grant revocation, repayment and possible prosecution of both the Grantee and the Authorized Agent, whose name appears below. By signed below you are indicating that your agent, will comply with the items listed below: AED Conditions - BLS permitted agencies are required to purchase an AED unit only. Combination defibrillators (unit ~vith manual and AED modes) will not be reimbursed. 2. Computer Conditions - Any agency recei~Sng state funds for a computer must agree to the follm~ing conditions: a) establish an intemet account and provide OEMS x~ith agency, e-mail address b) must submit PPCR data electronically to OEMS c) must submit all grants electronically to OEMS. 3. Submission of documentation ver/fying Federal Identification Number Name of Grantee (Agency) ame and Title of Authorized Agent Daytime Phone No. E-mail address (if available) Signature of Authorized Agent Federal Identification Number (FIN) Grant Number Date Executed Roanoke Fi re-Ems Darlene L. Burcham, City Manager (540)8§3-2333 54-6D01§69 WV-Cll/09-O0 IO/02/O0 NOTE: Your grant a~vard may have a condition. This condition must be met in order to receive grant funds. 1538 E Parham Road, Richmond VA 23228 Page 2 (804) 371-3500 (800) 523-6019 FAX (804) 371-3543 Revision 09/00 Office of Emergency Medical Services Consolidated Grant Program EMS DEVELOPMENT BLOCK GRANT AWARD PAGE September 1, 2000 - November 1, 2000 Grant Period Agency Name: ROANOKE FIRE & EMS Grant Number: WV-Cll/09-00 Code Items Requested Quantity Funding Amount Status Funded % Level Funded B 10556 COMPUTER SYS FOR COUNTY STATIONS FUNDED 8 100 $8,000.00 Conditions: Any agency receiving state funds fo~ a computer must agree to establish an internet account and provide OEMS with agency e-mail address; must submit PPCR data electronically to OEMS and must submit all grants electronically to OEMS. $8,000.00 MARY F. PARKER, CMC City Cl,Wk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mail: clerk~ci.mnnoke.va, us STEPHANIE M. MOON City Cl~t October 4, 2000 File #53-467 Melinda J. Payne, Chairperson Roanoke City School Board . 301 Rutherford Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Payne: I am enclosing copy of Resolution No. 35086-100200 authorizing issuance of not to exceed $2,750,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Sedes 2000-B, to be sold to the Virginia Public School Authority and providing for the form and details thereof, in connection with improvements at Garden City Elementary School. The aboverefemnced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Sincerely,A ~,~ ~, Mary F. Parker, CMC City Clerk MFP:vbc Enclosure pc: George J. A. Clemo, Attomey, Woods, Rogers and Hazlegmve, P. O. Box 14125 Roanoke, Virginia 24038-4125 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board Garden City IN THE COUNCIL OF ~ CITY OF ROANOKE, VIRGINIA Th~ 2nd day of October, 2000. No. 35086-100200 RESOLWHON AUTHORIZING ~ ISSUANCE OF NOT TO EXCEED $2,750,000 GENERAL OBLIGATION SCHOOL BONDS OF ~ CITY OF ROANOKE, VIRGINIA, SERIES 2000-A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AU'I~ORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, in November, 1999 the Commonwealth of Virginia Council of Education (the "Council of Education") placed the application (the "Application") of the School Board of the City of Roanoke, Virginia (the "School Board"), for a loan of $2,750,000 (the "Literary Fund Loan") from the Literary Fund, a permanem trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke, Vh'ginia (the "City"), on the First Priority Waiting List; WltlC~S, the Council of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one (1) year of placement of the Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Council of Education, of the Application as having met all conditions for a loan from the Literary Fund; wm~REAS, the Council of Education was thereat~er to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHE~S, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated imo a permanent loan note of the School Board to the Literary Fund (the '~Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne imerest at four percent (4.0%) per annum and mature in annual installments for a period of twenty (20) years; WHEREAS, in connection with the 2000 Interest Rate Subsidy Program (the "Program"), the Vkginia Public School Authority (the "VPSA") has offered to purchase general obligation school { 0664587. DOC-} bonds of the City, and the Council of Education has offered to pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which the VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the City will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance"); Wi~'~REAS, the City Council (the "Council") of the City of Roanoke, xrirginia (the "City"), has determined that it is necessary and expedient to borrow an amount not to exceed $2,750,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and Wlt'E~, the City held a public hearing, duly noticed, on September 18, 2000, on the issuance of the Bonds (as defined, below) in accordance, with the requirements of Section 15.2-2606, Code of Vh'ginia 1950, as amended (the "Vh'ginia Code"); and WlIEREAS, the School Board of the City has, by resolution, requested the Council to authorize the issuance of the Bonds (as hereinafter defined); NOW, TI:IEREFORE, BE IT RESOLVED BY ~ COUNCIL OF TIqE CITY OF ROANOKE, VIRGINIA: 1. A,tha~atlnn of Rnnd~ and IT~ at pl~eOs,~l,. Th~ Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $2,750,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. g~l~ nf th~ ]land.~. It is determined to be in the best interest of the City to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase fi-om the City, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Mayor and the City Manager, that is not less than 98% of par and not more than 103% of par upon the terms established pursuant to this Resolution. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 10, 2000, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. I~tsil~ nf th~ Pmnd.~. The Bonds shall be issuable in. fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2000-A"; shall bear interest fi-om the date of delivery thereof payable semi-annually on each Janualy 15 and July 15 beginning July 15, 2001 (each an "Interest Payment Date"), at the rotes estab- lished in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal {0664587.DOC-} Installments"), subject to the provisions of Section 4 of this Resolution. 4. lnt~r~t li~t~ ~ntl lh-inei.mll ln.~t~ilment_~ The City Manag~ is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed seven and one tenth percent (7.10 %) per anmsm The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Farm flf *bp Rnnrl, The Bonds shall be initially in the form of a single, temporary typewritten bond su~y in the form attached hereto as Exhibit A. 6. P~vm~_nt: P. vin~o A?nt ~ntl ilnnd 11 ~i~tr~r. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premimn, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11:00 a~m on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m on the business day next preceding such Interest Payment Date or Principal Payment Date. Co) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) First Union National Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Rnl~mntlnn m' Pr~.nl.vm~nt. The Principal Installments of the Bonds shall not be subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City, not to refund or refinance the Bonds without f~'st obtaining the written consent of the VPSA or the registered owner of the Bonds. 8. Ex~entian at th~ Pmnd.q The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. {0664587.DOC-} 9. Plmtgo nf l~ull l~saith sand C. rodit. For the prompt pa~ of ~e ~dp~ of ~d pr~ ~ ~y, ~d ~e ~t~ on the Bonds ~ ~e ~e s~ ~me due, ~e ~ ~ ~ ~t of · e Ci~ ~e h~ ~~ly pl~ ~d ~ ~h y~ w~e ~ of ~ Bonds sb~ ~ out~g · ~e s~ ~ 1~ ~d ~H~ ~ ~r~ ~ law ~ ~ ~ vnl~r~ ~ u~n ~ ~le pro~ ~ ~e Ci~ ~bj~ to 1~ ~fion ~d~ ~ ~o~ to pro, de for ~e pa~ of ~e p~p~ of ~d pr~ · ~y, ~d ~e ~ on ~e Bonds ~ tach p~dp~ pr~ ~ ~y, ~d ~ ~ ~ ~e, w~ch ~ s~ ~ ~out ~fion ~ to rate or ~o~t ~d ~ ~&fion to ~ o~ ~ ~o~ to ~ 1~ ~ ~e C~ to ~e ~ o~ ~ of ~e Ci~ ~e ~t la~y av~le ~d appropfi~ for ~ch p~. 10. IT.~ af Prncoorl.~ C~rtifiesat~ sand Certifiesato sa.~ tn Arhitrsag~. The Mayor, the City Manager and such officer or offilcers of the City as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covena~s as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided below. The Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Non-Arbitrage Certificate and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. ~tsat,~ Nfln-Arhitr~ge ~m. l)roe~l.~ Agreempn]t The Council hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VI)SA, the investment manager and the depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. 12. Cnntinuing Di~lm.r~ Agreement, The Mayor, the City Manager and such office~ or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing nfl~al,,tlnn. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 14. l~urth~r p. etion~ The members of the Council and all 'officers, employees and agents of {0C~87.DOC-} the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Eff~iw_ l~nt, This Resolution shall take effect immediately. The undersigned Clerk 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 City Council held on October 2, 2000, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: Ralph K. Smith, Mayor W'dliam H. Carder, Vice Mayor W'tlliam D. Bestpkch C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Lynda F. Wyatt WITNESS MY HAND and the seal of the City of Roanoke, Vkginia, this October, 2000. day of Clerk, City of Roanoke, Virginia {0664587.DOC-} EXHIBIT A ~FORM OF ~RARY BOND~ NO. TS-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA crrY OF ROANOKE General Obli~tion Sehooi Bond Series 2000-A acknowledges itself indebted and promises to AUTHORrrY the principal amount of CITY O1, ROANOI~'.. VIRGINIA (the "City"), for value received, hereby pay to the VIRGINIA PUBLIC SCHOOL DOLLAI~ ($ ), in annual installments in the amounts set forth on Schedule I 'attached hereto payable on July 15, 2001 and annually on July 15 thereaf~ to and includ~ July 15, 2020 (each a '~incipal Payment Date"), together with interest from the date of this Bond on the unpaid installme~ payable semi-annually on January 15 and Suly 15 of each year, commencin~ on July 15, 2001 (each an "Interest Payment Date"; togethe~ with any Principal Payment Date, a "Payment Date"), at the rates per ammm set forth on Schedule I attached hereto, subject to prepayment or redemption aa hereinatter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the V'u'ginia Public School Authority is the registered owner of this Bond, First Union National Bank, Richnond, Virginia, as bond registrar (the "Bond Registm"), shall make all { 0664587. DOC-} A-! payments of prindpal, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a~m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Vh-ginia or for the Commonwealth of V'tr~inia, then the payment of principal, premium, if any, or interest on this Bond shall be made in imm~iot_ely available funds at or before 11:00 ~m~ on the business da), next preceding the scheduled Payment Date or date fixed for prepayment or reden-q:rdon. Upon receipt by the re~stered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowled~rn~ of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council authorizing the issuance of the Bonds provides, and Section 15.2-2624, V'u'ginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the exter~ other funds of the City are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of V'u'ginia, including the Public Finance Act of 1991, Chapter 26, <0664587.DOC-} A-2 Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the City Council of the City and the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice fi.om the Virginia Public School Authority, at the ofl~ee of the Bond Registrar on one or more occasions for two or more temporaxy bonds or definitive bonds in fully registered form in denominations of $5,000 and whole multiples thereof, and; in any case, having an equal aggregate principal amount having maturities and bearing interest at rat~ correSPOnding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the V'u~nia Public School Authority on the books of the city kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bomi Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name ~of the assignee or assignees named in such The .principal ~ of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other lla~it prescribed by the Constitution and laws of the Commonwealth of xragini~ IN wrrNESS WI~REOF, the City Council of the City of Roanoke, Vh'ginia has caused {0664587.DOC-} A-3 this Bond to be issued in the name of the City of Roanoke, Vh-ginia, to be signed by its Mayor or Vice Mayor, its seal to be af~ed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated November_.~ 2000. CITY OF ROANOKE, VIRGINIA (SEAL) Mayor, City of Roanoke, V'wginia ATTEST: Clerk, City of Roanoke, Virginia {0664587.DOC-} A-4 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers umo (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYINO NUMBER OF ASSIGNS.: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the mmsfer of such definitive bonds on the books kept for registration thereot~ with full power of substitution in the premises. Date: Signature G-uanmee& (NOTICE: Signature(s) mus~ I~ institution" ~ the r~tx~zmmta of the Bond Regist~ which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be detenm~ by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the fi, om of this Bond in every partio,lar, without alteration or change.) {0664587.DOC-} A-5 VIRGINIA PUBLIC SCHOOL AUTHORITY BOND SALE AGREEMENT dated as of October 10, 2000 [Garden City] Name of Jurisdiction (the "Local Unit"): City of Roanoke, Virginia Sale Date: Not earlier than October 16, 2000, nor later than November 1, 2000 Closing Date: On or about November 16, 2000 Principal Amount (Requested): $2,750,000 Amortization Period: Up to Twenty (20) Years 1. The Virginia Public School Authority CVPSA'') hereby offers to purchase your general obligation school bonds at a price, determined by the VPSA to be fair and accepted by you, that is not less than 98% of par and not more than 103% of par in the Principal Amount set forth above (as authorized by your bond resolution) from the proceeds of the VPSA's bonds, the sale of which is scheduled to take place on the Sale Date. You represent that on or before October 10, 2000, your local governing body will have duly authorized the issuance of your bonds by adopting a resolution in the form attached hereto as Appendix B (the "local resolution") and that your bonds will be in the form set forth in the local resolution. Any changes that you or your counsel wish to make to the form of the local resolution and/or your bonds must be approved by the VPSA prior to adoption of the local resolution by your local governing body. You hereby covenant that you will comply with and carry out all of the provisions of the Continuing Disclosure Agreement in the form attached hereto as Appendix E, which agreement is hereby incorporated by reference herein and expressly made a part hereof for all purposes. The VPSA has defined a Material Obligated Person ("MOP") for purposes of the Continuing Disclosure Agreement as any Local Issuer the principal amount of whose local school bonds pledged under VPSA's 1997 Resolution compromise more than 10% of the total principal amount of all outstanding 1997 Resolution bonds. MOP status will be determined by adding the principal amount of your local school bonds to be sold to the VPSA and the principal amount of your local bonds previously sold to the VPSA and currently pledged under VPSA's 1997 Resolution and measuring the total against 10% of the face value of all outstanding bonds under VPSA's 1997 Resolution. If you are or may be a MOP, the VPSA may require that you file all the information described in the following paragraph prior to VPSA's mailing its Preliminary Official Statement, currently scheduled October 16, 2000. You acknowledge that if you are a MOP following the issuance of your local school bonds that {0663756.DOC-} are the subject of this Bond Sale Agreement, the VPSA will incorporate by reference in its Preliminary Official Statements and final Official Statements (for this sale and, if you remain a MOP or become a MOP again after ceasing to be a MOP, for applicable furore sales) the information respecting you ("Your Information") that is on file with the Nationally Recognized Municipal Securities Information Repositories or their respective successors ("NRMSIRs") and the Municipal Securities Rulemaking Board or its successors ("MSRB"). Accordingly, if it appears that you will be a MOP (i) following the delivery of your local school bonds to the VPSA in connection with this sale, or (ii) during the course of any future sale, whether or not you are a participant in such sale, you hereby represent and covenant to the VPSA that you will file such additional information, if any, as is required so that Your Information, as of each of (i) the date of the VPSA's applicable Preliminary Official Statement (in the case of this sale, expected to be October 16, 2000), (ii) the date of the VPSA's applicable final Official Statement (in the case of this sale, expected to be October 25, 2000) and (iii) the date of delivery oft he applicable VPSA bonds (in the case of this sale, expected to be November 16, 2000), will be true and correct and will not contain any untrue statement .of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it has been filed or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading. You further agree to furnish to the VPSA a copy of all filings you make with NRMSIRs and the MSRB subsequent to the date of this Agreement. Such copy will be furnished to the VPSA on the same day that any such filing is made. The VPSA will advise you within 60 days of the end of each fiscal year if you were a MOP as of the end of such fiscal year. Upon written request, the VPSA will also advise you of your status as a MOP as of any other date. 4. VPSA's commitment to purchase your bonds is contingent upon (i) VPSA's receipt on the Closing Date of (a) your bonds which shall include and otherwise meet the Standard Terms and Conditions contained in Appendix A hereto, (b) a certified copy of the local resolution (see Appendix B attached hereto), (c) an executed agreement, among VPSA, you and the other local units simultaneously selling their bonds to VPSA, State Street Bank and Trust Company, N.A. and its successors and assigns, and Mentor Investment Advisors, LLC, the depository and the investment manager, respectively, for the State Non-Arbitrage Program ("SNAP"), providing for the custody, investment and disbursement of the proceeds of your bonds and the other general obligation school bonds, and the payment by you and the other local units of the allocable, associated costs of compliance with the Internal Revenue Code of 1986, as amended, and any costs incurred in connection with your participation in SNAP (the "Proceeds Agreement"), (d) an executed copy of the Use of Proceeds Certificate in the form attached hereto as Appendix C, (e) if you will be a MOP on the date of delivery of your local school bonds, your certificate dated the date of the delivery of the VPSA's bonds to the effect that Your Information was as of the date of the VPSA's Preliminary and final Official Statements, and is as of the date of the certificate, tree and correct and did not and does not contain an untrue statement of a material fact or omit to state a material fact which should be included in 'Your Information for the purpose for which it has been filed or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading, (f) an approving legal opinion from your bond counsel in form satisfactory to VPSA as to the validity of the bonds and the exclusion from gross income for federal and Virginia income tax purposes of the interest on your bonds, the conformity of the {0663756.DOC-} 2 terms and provisions of your bonds to the requirements of this Bond Sale Agreement including the appendices attached hereto, and the due authorization, execution and delivery of this Bond Sale Agreement, Continuing Disclosure Agreement and the Proceeds Agreement, and the validity of the Continuing Disclosure Agreement and the Proceeds Agreement, (g) a transcript of the other customary closing documents not listed above, (h) the proceeds of VPSA's bonds, (ii) if you will be using the proceeds of your bonds to retire a bond anticipation note, certificate Of participation or other form of interim financing (the "Interim Security"), receipt by VPSA of (A) an opinion of your bond counsel that, as of the Closing Date, the Interim Security will be defeased according to the provisions of the instrument authorizing the Interim Security or it will no longer be outstanding (in rendering such opinion bond counsel may rely on a letter or certificate of an accounting or financial professional as to any mathematical computations necessary for the basis for such opinion) and (B) an executed copy of the escrow deposit agreement/letter of instruction providing for the retirement of the Interim Security and (iii) your compliance with the tenm of this agreement. Two complete transcripts (one original) of the documents listed above shall be provided by your counsel to the VPSA on the Closing Date or, with VPSA's pennission, as soon as practicable thereafter but in no evem more than thirty (30) business days after the Closing Date. This Bond Sale Agreement shall take effect on October 10, 2000. Virginia Public School Authority By: Authorized VPSA Representative City of Roanoke, Virginia By: Name: Darlene Burcham Title: City Manager {0663756. DOC-} 3 (For information only; not part of the Bond Sale Agreement.) Please have the presiding officer, or other specifically designated agent, of your governing body execute 2 copies of this Bond Sale Agreement and return them, along with the tax questionnaire attached hereto as Appendix D, no later than close of business on October 10, 2000 to Richard A. Davis, Debt Manager, Virginia Public School Authority, [by mail] P. O. Box 1879, Richmond, Virginia 23218-1879 or [by hand or courier servicei James Monroe Building- 3rd Floor, 101 N. 14th Street, Richmond, Vir~nia 23219. If your governing body or bond counsel requires more than one originally signed Bond Sale Agreement, please send the appropriate number; all but one will be returned at closing. {0663756.DOC-} 4 WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ ci.roanoke.va.us October 2, 2000 WILLIAM X PARSONS STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: VPSA Bonds Sale Dear Mayor Smith and Council Members: Attached are three resolutions authorizing issuance of general obligation bonds to fund a portion of the improvements at Garden City Elementary School, Grandin Court Elementary School and Preston Park Primary School. This matter was first before Council on August 21, 2000, when Council authorized the City Manager to apply for funding for these three projects from the Virginia Public School Authority (VPSA). At your September 18, 2000 meeting, a public hearing was held on the proposed issuance of the Bonds. Either I or a representative of the Roanoke City School Board will be pleased to answer any questions which Council may have about these matters. Sincerely yours, William M. Hackworth City Attorney WMH/Isc c: Dr. E. Wayne Harris, Superintendent Richard L. Kelley, Assistant Superintendent of Operations H:XAM1SC\council bonds MARY F. PARKER, CMC city cle~ CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 !-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mnil: clerk@ci.roanoke.va, us STEPHAN~ M. MOON October 4, 2000 File #53-467 Melinda J. Payne, Chairperson Roanoke City School Board 301 Rutherford Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Payne: I am enclosing copy of Resolution No. 35085~100200 authorizing issuance of not to exceed $1,900,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Sedes 2000-B, to be sold to the Virginia Public School Authority and providing for the form and details thereof, in connection with improvements at Grandin Court Elementary School. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Sincerely, Mary F. Parker, CMC City Clerk. MFP:vbc-' Enclosure pc: George J. A. Clemo, Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125 Roanoke, Virginia 24038-4125 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance Dr.'E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board Grandin Cou~ IN ~ COUNCfL OF ~ CITY OF ROANOKE, VIRGINIA The 2nd day of 0¢tober, 2000. No. 35085-100200 RESOLUTION AU'I~ORIZING THE ISSUANCE OF NOT TO EXCEED $1,900,000 GENERAL OBLIGATION SCHOOL BONDS OF THE CITY OF ROANOKE, VIRGINIA, SERIES 2000-C, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAH~S TFI~REOF. WH-Ir~, in November, 1999 the Commonwealth of Virginia Council of Education (the "Council of Education") placed the application (the "Application") of the School Board of the City of Roanoke, V'~rginia (the "School Board"), for a loan of $1,900,000 (the "Literazy Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke, V'n'ginia (the "City"), on the First Priority Waiting List; WHE~, the Council of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one (1) year of placement of the Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Council of FAucation, of the Application as having met all conditions for a loan from the Literap] Fund; WI:w.~S, the Council of Education was there~er to have given advances on the amount of the Commitment for the Literapj Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Litermy Fund (the "Tempormy Notes") for the amounts so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHE~S, the Literary Fund Obligation was to have borne interest at four percent (4.0%) per annum and mature in annual installments for a period of twenty (20) years; wmC~REAS, in connection with the 2000 Interest Rate Subsidy Program (the "Program"), the Vh'ginia Public School Authority (the "VPSA") has offered to purchase general obligation school {0664811. DOC-} bonds of the City, and the Council of Education has offered to pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which the VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the City will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance"); WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow an amount not to exceed $1,900,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WI~REAS, the City held a public hearing, duly noticed, on September 18, 2000, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Vh'ginia Code"); and WHEREAS, the School Board of the City has, by resolution, requested the Council to authorize the issuance of the Bonds (as hereinafter defined); NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF ~ CITY OF ROANOKE, VIRGINIA: 1. Anthflrl-ts~tlnn flf l~nd~ smd lI~ nf l~'ne~lm The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $1,900,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolutio~ 2. ,qnlp nf th~ l~ndq. It is determined to be in the best interest of the City to accept the offer of the V'wgim~a Public School Authority (the "VPSA") to purchase from the City, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Mayor and the City Manager, that is not less than 98% of par and not more than 103% of par upon the terms established pursuant to this Resolution. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 10, 2000, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. I~tail, of th~ Rand~. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2000-C"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2001 (each an "Interest Payment Date"), at the rates estab- lished in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "lh:mdpal 2 Installments"), subject to the provisions of Section 4 of this Resolution. 4. Intoner Rst~ and l~4mqn~l In~i'~lllm~.t.~ ~e C~ ~ff is ~ ~o~ ~d ~ to ~ ~e ~ r~ on ~e Bon~ ~h~ ~ ~e ~S& pro~d~ ~ ~h ~t~est ~te s~ ~ t~ on~h~~ of one ~ (0.1~) ov~ ~e ~ rme to ~ p~d ~ ~e ~SA for ~e ~pon~g p~dp~ pa~ Bonds"), a ~on of the pr~ ofw~ch ~ ~ u~ to p~c~ ~e Bonds, ~d pro~d~ ~h~, ~ ~e ~ ~e ~t~ Pa~ ~ ~d ~e ~dpfl ~~ts ~e ~ to c~ge ~ ~e r~ue~ of ~e ~S~ ~e Ci~ ~~ ~ h~y ~o~ ~d ~ to ~ c~g~ ~ ~e ~t~e~ Pa~ Da~ ~d ~e ~dpfl ~~s a ~e r~u~ of ~e ~S& pro~d~ ~t ~e ~te ~d~ ~o~t of ~e Bon~ ~ not ex~ ~e ~o~ ~o~M ~ ~ R~lufion. ~e ex~fion ~d de~ of ~e Bonds ~ d~ ~ S~on 8 h~f s~ ~nc~ve~ ~d~ tach ~t~e~ rotes ~~ by ~e ~SA ~d ~t~ Pa~t D~ ~d ~e ~dpfl ~~ts r~u~ by ~e ~SA ~ M~g ~ m ~ ~ ~o~ by ~ R~lufio~ 5. Fnma nf th~ Rnnd.~ The Bonds shall be initially in the form of a single, temporary typewritten bond substantially, in the form attached hereto as Exlal~it A. 6. P~vmont~' P.vln~ A~ont And Rand l~i.~r The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Vh'ginia, then at or before 11:00 a.nt on the business day next preceding such Interest Payment Date or Principal Payment Date. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (¢) First Union National Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Nn R,~rl~m?h~n nr Pr~?ym~nt. The Principal Installments of the Bonds shall not be subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City, not to retired or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owner of the Bonds. 8. ~,,tinn nf th~ Rnntl~. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. {0664811.IXIG} 9. Plnl? af i~pfl I~ith ~nd Crmlit, For ~e pro~t pa~t of ~e p~d~ of ~d pr~ ff ~y, ~d ~e ~ on ~e Bon~ ~ ~e ~e s~ ~me due, ~e ~ ~ ~ ~ of · e Ci~ ~e h~y ~~ pl~g~ ~d in ~ y~ ~e ~ of ~e Bon~ ~ ~ ou~g · ~e ~ ~ 1~ ~d ~R~ ~ ~r~ ~ law ~ ~ ~ vainr~ ~ u~n ~ ~le pro~ ~ the Ci~ mbj~ to 1~ ~fion ~d~ ~ ~o~t to pro, de for the pa~ of the p~dpd of ~d pr~ · ~y, ~d ~e ~ on ~e Bonds ~ tach p~dp~ ~~ ~ ~, Et~ ~ b~me due, w~ch ~ s~ ~ ~out ~fion ~ to rae or ~o~ ~d ~ ~fion to ~ o~ ~ ~o~ to ~ 1~ ~ ~e C~ to ~e ~ o~ ~ds of ~e C~ ~e not arkie ~d approp~ for ~h ~. 10. Uae of Prt~la C~rtifieato. and C~fient~ an tfl Arhi~Ep. ~e ~yor, the Ci~ ~~ ~ ~ch o~ or o~ of ~e Ci~ ~ ~ ~y ~e ~e h~y ~o~ ~d ~ to ~e a Non-~e C~ ~d a ~~ u~ ~d ~v~ of ~ ~s of ~e Bo~s ~ ~n~ ~ ~v~s ~ ~y be n~ ~d~ (~e "C~e"), ~d app~le r~om rel~g to ~e ~c~ion from ~o~ ~me of ~t~ on ~e Bonds ~d on ~e ~SA Bon~ ~ ~ pro~d~ ~low. ~e Co~ ~v~s on ~ of ~e CiF ~ (i) ~e pr~s from ~e is~ ~ ~e of ~e Bon~ ~ ~ ~v~ ~d ~d~ ~ ~ fo~ ~ ~ Non-~e C~e ~d ~ch U~ of~~ C~e ~d t~ the Ciw s~ ~mp~ s~ ~mp~ ~ ~e ~o~om of ~e C~ ~ ~ ~ on ~e Bonds ~d on ~e ~SA Bon~ ~ ~ ~clu~le from ~o~ h~me for F~ h~me ~ p~. 11..gtato_ Ntm-ArhitraEo_ ~m.' Prm, ooda A~or~.mpnt. The Council hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. 12. CnntlnninE l~iae~anr~ A~or~.m~nt. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and comaining such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. lZilinE t~f ]~mlll~inn. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 14. l~nrth~r {O~11.DOC-} The members of the Council and all officers, employees and agents of 4 the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. EffoetlV~- l~.to~. This Resolution shall take effect immediately. The undersigned Clerk 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 City Council held on October 2, 2000, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: Ralph K. Smith, Mayor W'dliam FL Carder, Vice Mayor William D. Bestpitch C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Lynda F. Wyatt WITNESS MY tlAND and the October, 2000. seal of the City of Roanoke, Vh'ginia, this __ Clerk, City of Roanoke, V'rginia day of [SEAL] EXHIBIT A (FORM OF TEMPORARY BOND) NO. TS-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation School Bond Series 2000-(2 The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2001 and annually on July 15 thereat~r to and including July 15, 2020 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and Suly 15 of each year, commencing on July 15, 2001 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rotes per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereina~er provided. Both principal of and interest on this Bond are payable in lavfful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, {0664811.DOC-} A-I First Union National Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar"), shall make ail payments of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principai of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council authorizing the issuance of the Bonds provides, and Section 15.2-2624, Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. { 0664811. DOC-} A-2 This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the City Council of the City and the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority} at the office of the Bond Registrar on one or more occasions for two or more temporary bonds or definitive bonds in fully registered form in denominations of $5,000 and whole multiples 'thereof, and; in any case, having an equal aggregate principal amount having maturities and bearing interest at rates Corresponding to the maturities of and the interest rotes on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap- pened, exist and have been performed in due time, form and manner as so required, and this Bond, {0664811.DOC-} A-3 together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City Council of the City of Roanoke, Virginia has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice Mayor, its seal to be affmed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated November ,2000. CITY OF ROANOKE, VIRGINIA (SEAL) Mayor, City of Roanoke, Vir~nia ATTEST: Clerk, City of Roanoke, Virginia {0664811.DOC-} A4 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the f~ont of this Bond in every particular, without alteration or change.) {0664811.DOC-} A-5 VIRGINIA PUBLIC SCHOOL AUTHORITY BOND SALE AGREEMENT dated as of October 10, 2000 [Grandin Courq Name of Jurisdiction (the "Local Unit"): City of Roanoke, Virginia Sale Date: Not earlier than October 16, 2000, nor later than November 1, 2000 Closing Date: On or about November 16, 2000 Principal Amount (Requested): $1,900,000 Amortization Period: Up to Twenty (20) Years 1. The Virginia Public School Authority ("VPSA") hereby offers to purchase your general obligation school bonds at a price, determined by the VPSA to be fair and accepted by you, that is not less than 98% of par and not more than 103% of par in the Principal Amount set forth above (as author/zed by your bond resolution) from the proceeds of the VPSA's bonds, the sale of which is scheduled to take place on the Sale Date. You represent that on or before October 10, 2000, your local governing body will have duly authorized the issuance of your bonds by adopting a resolution in the form attached hereto as Appendix B (the "local resolution") and that your bonds will be in the form set forth in the local resolution. Any changes that you or your counsel wish to make to the form of the local resolution and/or your bonds must be approved by the VPSA prior to adoption of the local resolution by your local governing body. o You hereby covenant that you will comply with and carry out all of the provisions of the Continuing Disclosure Agreement in the form attached hereto as Appendix E, which agreement is hereby incorporated by reference herein and expressly made a part hereof for all purposes. The VPSA has defined a Material Obligated Person ("MOP") for purposes of the Continuing Disclosure Agreement as any Local Issuer the principal amount of whose local school bonds pledged under VPSA's 1997 Resolution compromise more than 10% of the total principal amount of all outstanding 1997 Resolution bonds. MOP status will be determined by adding the principal amount of your local school bonds to be sold to the VPSA and the principal amount of your local bonds previously sold to the VI)SA and currently pledged under VPSA's 1997 Resolution and measuring the total against 10% of the face value of all outstanding bonds under VPSA's 1997 Resolution. If you are or may be a MOP, the VPSA may require that you file all the information described in the following paragraph prior to VPSA's mailing its Preliminary Official Statement, currently scheduled October 16, 2000. You acknowledge that if you are a MOP following the issuance of your local school bonds that {0664821.DOC-} are the subject of this Bond Sale Agreement, the VPSA will incorporate by reference in its Prelinfinary Official Statements and f'mal Official Statements (for this sale and, if you remain a MOP or become a MOP again at, er ceasing to be a MOP, for applicable future sales) the information respecting you ("Your Information") that is on file with the Nationally Recognized Municipal Securities Information Repositories or their respective successors ('~IR. MSI~") and the Municipal Securities Rulemaking Board or its successors ("MSRB"). Accordingly, if it appears that you will be a MOP (i) following the delivery of your local school bonds to the VPSA in connection with this sale, or (ii) during the course of any future sale, whether or not you are a participant in such sale, you hereby represent and covenant to the VPSA that you will file such additional information, if any, as is required so that Your Information, as of each of (i) the date of the VPSA's applicable Preliminary Official Statement (in the case of this sale, expected to be October 16, 2000), (ii) the date of the VPSA's applicable final Official Statement (in the case of this sale, expected to be October 25, 2000) and (iii) the date of delivery of the applicable VPSA bonds (in the case of this sale, expected to be November 16, 2000), will be tree and correct and will not contain any untrue statement'of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it has been filed or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading. You further agree to furnish to the VPSA a copy of all filings you make with NRMSIRs and the MSRB subsequent to the date of this Agreement. Such copy will be furnished to the VPSA on the same day that any such filing is made. The VPSA will advise you within 60 days of the end of each fiscal year if you were a MOP as of the end of such fiscal year. Upon written request, the VPSA will also advise you of your status as a MOP as of any other date. 4. VPSA's commitment to purchase your bonds is contingent upon (i) VPSA's receipt on the Closing Date of (a) your bonds which shall include and othenvise meet the Standard Terms and Conditions contained in Appendix A hereto, (b) a certified copy of the local resolution (see Appendix B attached hereto), (c) an executed agreement, among VPSA, you and the other local units simultaneously selling their bonds to VPSA, State Street Bank and Trust Company, N.A. and its successors and assigns, and Mentor Investment Advisors, LLC, the depository and the investment manager, respectively, for the State Non-Arbitrage Program ("SNAP"), providing for the custody, investment and disbursement of the proceeds of your bonds and the other general obligation school bonds, and the payment by you and the other local units of the allocable, associated costs of compliance with the Internal Revenue Code of 1986, as amended, and any costs incurred in connection with your participation in SNAP (the "Proceeds Agreement"), (d) an executed copy of the Use of Proceeds Certificate in the form attached hereto as Appendix C, (e) if you will be a MOP on the date of delivery of your local school bonds, your certificate dated the date of the delivery of the VPSA's bonds to the effect that Your Information was as of the date of the VPSA's Preliminary and final Official Statements, and is as of the date of the certificate, tree and correct and did not and does not contain an untrue statement of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it has been filed or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading, (f) an approving legal opinion from your bond counsel in form satisfactory to VPSA as to the validity of the bonds and the exclusion from gross income for federal and Virginia income tax purposes of the interest on your bonds, the conformity of the {0664821.DOC-} 2 o terms and provisions of your bonds to the requirements of this Bond Sale Agreement including the appendices attached hereto, and the due authorization, execution and delivery of this Bond Sale Agreement, Continuing Disclosure Agreement and the Proceeds Agreement, and the validity of the Continuing Disclosure Agreement and the Proceeds Agreement, (g) a transcript of the other customary closing documents not listed above, (h) the proceeds of VPSA's bonds, (ii) if you will be using the proceeds of your bonds to retire a bond anticipation note, certificate of participation or other form of interim financing (the "Interim Security"), receipt by VPSA of (A) an opinion of your bond counsel that, as of the Closing Date, the Interim Security will be defeased according to the provisions of the instrument authorizing the Interim Security or it will no longer be outstanding (in rendering such opinion bond counsel may rely on a letter or certificate of an accounting or financial professional as to any mathematical computations necessary for the basis for such opinion) and (B) an executed copy of the escrow deposit agreement/letter of instruction providing for the retirement of the Interim Security and (iii) your compliance with the terms of this agreement. Two complete transcripts (one original) of the documents listed above shall be provided by your counsel to the VPSA on the Closing Date or, with VPSA's permission, as soon as practicable thereafter but in no event more than thirty (30) business days after the Closing Date. This Bond Sale Agreement shall take effect on October 10, 2000. Virginia Public School Authority By:. Authorized VPSA Representative City of Roanoke, Vir~nia By: Name: Darlene Bureham Title: City Manager {0664821.DOC-) 3 (For information only; not part of the Bond Sale Agreement.) Please have the presiding officer, or other specifically designated agent, of your governing body execute 2 copies of this Bond Sale Agreement and return them, along with the tax questionnaire attached hereto as Appendix D, no later than close of business on October 10, 2000 to Richard A. Davis, Debt Manager, Virginia Publle School Authority, [by mail] P. O. Box 1879, Richmond, Virginia 23218-1879 or [by hand or courier service] James Monroe Building- 3rd Floor, 101 N. 14th Street, Richmond, Virginia 23219. If your governing body or bond counsel requires more than one originally signed Bond Sale Agreement, please send the appropriate number; all but one will be returned at closing. {0664821.DOC-} 4 '00 ~ ,i ., ?~}:5~fficeetthecir¥ October 9, 2000 Mr. Martin Jeffrey 2901 Bradley Street, NE Roanoke, VA 24012 Dear Mr. Jeffrey: RE: Questions concerning Council Agenda Items At your request, I am providing answers to questions you raised at the City Council meeting on Monday, October 2. In addition to the questions raised at that time, you asked me on October 4 to answer two other questions that you did not get to ask at the Council meeting. On Item 5.a.5, the source of funds for the Runaway and Homeless Youth Outreach Program in the amount of $106,606 was requested. This is a grant from the U.S. Department of Health and Human Services and requires no local cash match. This is an on-going program that Sanctuary (the Crisis Intervention Center) has operated with this funding for several years and provides for counseling and work with the families who are on the waiting list to get into Sanctuary. On Item 5.a.6, you asked what is included in the Certified Crime Prevention Community Program. This statewide certification program, which is preventive in nature, is one of the first in the nation and is designed to encourage localities to develop and implement collaborative community crime-prevention plans. It also provides for an ongoing process by which communities reassess their plans and programs. The report lists the required elements and the optional elements that will make up the certified program. On Item 5.a.7, you asked what the library grant from the State of $43,550 will be used for and which branches will benefit. First of all, State Aid is distributed to each library system in the Commonwealth based on a formula. The initial grant for this year was $235,050, which was less than the maximum of $250,000 we are eligible to receive under the formula. The $43,550 is additional money that will be made available by the State and will be used to buy books and equipment for the entire system. The $43,550 will be spent as follows: Room 364 Municipal South 215 Church Avenue. S.W Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-' ' 33 CityWelo:www. ci roanoke va.us $3,950 for a video tape cleaning machine which will be housed at the Main Library and will be used to clean videos that are housed at all six locations of the library system $39,600 will be used to purchase materials in various formats such as books, magazines, videos, CD's and tapes. These materials will be housed in all branches of the system. On item 5.b.1, you asked about the amount of the bonds requested by the school system. The bond amount for Preston Park Elementary is $1.9 million; Grandin Court Elementary, $1.9 million; and Garden City Elementary, $2.75 million. As stated previously, you did not get to ask questions on two other items and I am pleased to respond to these as well. On Item 5.a.2, you asked if the contractor for the sludge removal for the city's Water Pollution Control Plant is required to be certified and if there is a copy of such certification on file. Any contractor that is eligible to perform this service for us must be a licensed contractor in the State of Virginia. The State requires certain certifications prior to licensing such contractors. A copy of the license for our contractor is on file. On Item 5.a.3, you asked the purpose of the $750,000 appropriation from the sewage fund. That funding will provide for the removal of an additional 2,000 dry tons of biosolids and for additional operating costs and consulting fees associated with the recent plant expansion. I trust this information is responsive to your request. JDR:ca:cs C: Sincerely yours, James D. Ritchie Deputy City Manager The Honorable Ralph K. Smith, and Members of City Council Darlene L. Burcham, City Manager Mary F. Park, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance MARY F. PARKER, CMC City Cl~'k CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mail: clerk~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk October 4, 2000 File #53-467 Melinda J. Payne, Chairperson Roanoke City School Board 301 Rutherford Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Payne: I am enclosing copy of Resolution No. 35084-100200 authorizing issuance of not to exceed $1,900,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 2000-B, to be sold to the Virginia Public School Authority and providing for the form and details thereof, in connection with improvements at Preston Park Elementary School. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Enclosure pc: George J. A. Clemo, Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125 Roanoke, Virginia 24038-4125 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board Preston Park IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of October, 2000. No. 35084-100200 RESOLUTION AUTHORIZING ~ ISSUANCE OF NOT TO EXCEED $1,900,000 GENERAL OBLIGATION SCItOOL BONDS OF TIlE CITY OF ROANOKE, VIRGINIA, SERIES 2000-B, TO BE SOLD TO ~ VIRGINIA PUBLIC SCItOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAII~S THEREOF. WHEREAS, in November, 1999 the Commonwealth of Virginia Council of Education (the "Council of Education") placed the application (the "Application") of the School Board of the City of Roanoke, Virginia (the "School Board"), for a loan of $1,900,000 (the '%iterary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Xcu'gjnia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke, Virginia (the "City"), on the First Priority Waiting List; WHE~S, the Council of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the "Commitment") within one (1) year of placement of the Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Council of Education, of the Application as having met all conditions for a loan from the Literary Fund; WHE~S, the Council of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as cons~ction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHE~S, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4.0%) per annum and mature in annual installments for a period oftwenty (20) years; WHE~S, in connection with the 2000 Interest Rate Subsidy Program (the "Program"), the {0664808 .DOC-} Vh'ginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and the Council of Education has offered to pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date on which the VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the City will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance"); WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow an amount not to exceed $1,900,000 and to issue its general obligation school bonds for the purpose of finandng certain capital projects for school purposes; and WIIEREAS, the City held a public heating, duly noticed, on September 18, 2000, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Vh'ginia 1950, as amended (the "Virginia Code"); and WI~EREAS, the School Board of the City has, by resolution, requested the Council to authorize the issuance of the Bonds (as hereinafter defined); NOW, TI~IIEFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. A,,thari~atinn flf Rnndn and lYno. nf Praeood.~. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $1,900,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. ~qAI,_ nf tho. llanda. It is determined to be in the best interest of the City to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase fi.om the City, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Mayor and the City Manager, that is not less than 98% of par and not more than 103% of par upon the terms established pursuant to this Resolution. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 10, 2000, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. l~t~il.~ ~f th~ l~nd~. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2000-B'; shall bear interest fi.om the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2001 (each an "Interest Payment Date"), at the rates estab- lished in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. lnter~t Rat~ and Principal ln.~tallment.~ The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the tree interest cost of the Bonds does not exceed seven and one tenth percent (7.10 %) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPS~ The City Manager is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Farm nf the llnnd.~. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment-' Paving Ao~ent and P, and lio~i~'.~trar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of prindpal, premium, if any, and interest on the Bonds shall be made in immediately available fimds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Vkglnia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date or Principal Payment Date. (b) AH overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) First Union National Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Nn l:l~lemntJnn nr Pro.na.vment. The Principal Installments of the Bonds shall not be subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owner of the Bonds. 8. F~x~'ntlnn nf the ll~nda. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. 3 {0664808.Doc-} 9. Plodg~ nf Full Faith and C~r~llt. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad vaic~rem tax upon ail taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium., if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City to the extent other funds oftbe City are not lawfully available and appropriated for such purpose. 10. I~'~,~ nf Praeood~ C~etit~e~tp and C!prtltleat~ as tn Arhltr~g~. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions oftbe Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion fi.om gross income of interest on the Bonds and onthe VPSA Bonds except as provided below. The Council covenants on behalf of the City that (i) the proceeds fi.om the issuance and sale of the Bonds will be invested and expended as set forth in such Non-Arbitrage Certificate and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable fi.om gross income for Federal income tax purposes. 11. Statp Nnn-Arhite~ge Prag~-~m: Pr~e~l~ Ao~r~ment. The Council hereby determines that it is in the best interests of the City to authorize and direct thc City Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. 1~2. C. nntinnin~o l~i.~cln.~,,r~ Agr~.m~nt The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions oftbe Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing nf l~nlutinn. The appropriate officers or agents oftbe City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 14. lrnrth~r Aetlan~. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effeefiw l~a*~. This Resolution shall take effect immediately. The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a tree and correct extract fi.om the minutes of a meeting of the City Council held on October 2, 2000, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: Ralph K. Smith, Mayor William H. Carder, Vice W~tlliam D. Bestpitch C. Nelson Harris W. Alvin Hudson, Jr. V~rdliam White, Sr. Lynda F. Wyatt WITNESS MY RAND October, 2000. Mayor and the seal of the City of Roanoke, Vkginia, this Clerk, City of Roanoke, Virginia [SE dq EXHIBIT A (FORM OF TEMPORARY BOND) NO. TS-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation School Bond Series 2000-B The CITY O1;' ROANOKE, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal mount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2001 and annually on July 15 thereat~er to and including July 15, 2020 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15, 2001 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rotes per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinaRer provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, {o~48o8.~oc-~ A-1 First Union National Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council authorizing the issuance of the Bonds provides, and Section 15.2-2624, Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other fimds of the City are not lawfially available and appropriated for such purpose. {0664808.DOC-} A-2 This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the City Council of the City and the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for two or more temporary bonds or definitive bonds in fully registered form in denominations of $5,000 and whole multiples thereof, and; in any case, having an equal aggregate principal amount having maturities and bearing interest at rotes corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to redemption or prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap- pened, exist and have been performed in due time, form and manner as so required, and this Bond, {0664808.DOC-} A-3 together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WI-IEREOF, the City Council of the City of Roanoke, Virginia has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice Mayor, its seal to be affixed hereto and attested by the signatur~ of its Clerk or any of its Deputy Clerks, and this Bond to be dated November ,2000. CITY O1* ROANOKE, VIRGINIA (SEAL) Mayor, City of Roanoke, Vir~nia ATTEST: Clerk, City of Roanoke, Virginia {0664008.Doc-} A-4 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner Signature Guaranteed: (NOTICE: Signature(s) must be guarant~ by aa "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the ~ont of this Bond in every particular, without alteration or change.) {0664808.DOC-} A-5 VIRGINIA PUBLIC SCHOOL AUTHORITY BOND SALE AGREEMENT dated as of October 10, 2000 [Preston Park] Name of Jurisdiction (the "Local Unit"): City of Roanoke, Virginia Sale Date: Not earlier than October 16, 2000, nor later than November 1, 2000 Closing Date: On or about November 16, 2000 Principal Amount (Requested): $1,900,000 Amortization Period: Up to Twenty (20) Years 1. The Virginia Public School Authority CVPSA") hereby offers to purchase your general obligation school bonds at a price, determined by the VPSA to be fair and accepted by you, that is not less than 98% of par and not more than 103% of par in the Principal Amount set forth above (as authorized by your bond resolution) from the proceeds of the VPSA's bonds, the sale of which is scheduled to take place on the Sale Date. You represem that on or before October 10, 2000, your local governing body will have duly authorized the issuance of your bonds by adopting a resolution in the form attached hereto as Appendix B (the "local resolution") and that your bonds will be in the form set forth in the local resolution. Any changes that you or your counsel wish to make to the form of the local resolution and/or your bonds must be approved by the VPSA prior to adoption of the local resolution by your local governing body. You hereby covenant that you will comply with and carry out all of the provisions of the Continuing Disclosure Agreement in the form attached hereto as Appendix E, which agreement is hereby incorporated by reference herein and expressly made a part hereof for all purposes. The VPSA has defined a Material Obligated Person ("MOP") for purposes of the Continuing Disclosure Agreement as any Local Issuer the principal amount of whose local school bonds pledged under VPSA's 1997 Resolution compromise more than 10% of the total principal amount of all outstanding 1997 Resolution bonds. MOP shams will be determined by adding the principal amount of your local school bonds to be sold to the VPSA and the principal amount of your local bonds previously sold to the VPSA and currently pledged under VPSA's 1997 Resolution and measuring the total against 10% of the face value of all outstanding bonds under VPSA's 1997 Resolution. If you are or may be a MOP, the VPSA may require that you file all the information described in the following paragraph prior to VPSA's mailing its Preliminary Official Statement, currently scheduled October 16, 2000. You acknowledge that if you are a MOP following the issuance of your local school bonds that {0664819.DOC-} are the subject of this Bond Sale Agreement, the VPSA will incorporate by reference in its Preliminary Official Statements and final Official Statements (for this sale and, if you remain a MOP or become a MOP again after ceasing to be a MOP, for applicable future sales) the information respecting you ("Your Information") that is on file with the Nationally Recognized Municipal Securities Information Repositories or their respective successors ("NRMSIRs") and the Municipal Securities Rulemaking Board or its successors ("MSRB"). Accordingly, if it appears that you will be a MOP (i) following the delivery of your local school bonds to the VPSA in connection with this sale, or (ii) during the course of any future sale, whether or not you are a participant in such sale, you hereby represent and covenant to the VPSA that you will file such additional information, if any, as is required so that Your Information, as of each of (i) the date of the VPSA's applicable Preliminary Official Statement (in the case of this sale, expected to be October 16, 2000), (ii) the date of the VPSA's applicable final Official Statement (in the case of this sale, expected to be October 25, 2000) and (iii) the date of delivery of the applicable VPSA bonds (in the case of this sale, expected to be November 16, 2000), will be tree and correct and will not contain any untrue statement 6f a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it has been filed or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading. You further agree to famish to the VPSA a copy of all filings you make with NRMSIRs and the MSRB subsequent to the date of this Agreement. Such copy will be furnished to the VPSA on the same day that any such filing is made. The VPSA will advise you within 60 days of the end of each fiscal year if you were a MOP as of the end of such fiscal year. Upon written request, the VPSA will also advise you of your status as a MOP as of any other date. 4. VPSA's commitment to purchase your bonds is contingent upon (i) VPSA's receipt on the Closing Date of (a) your bonds which shall include and otherwise meet the Standard Terms and Conditions contained in Appendix A hereto, (b) a certified copy of the local resolution (see Appendix B attached hereto), (c) an executed agreement, among VPSA, you and the other local units simultaneously selling their bonds to VPSA, State Street Bank and Trust Company, N.A. and its successors and assigns, and Mentor Investment Advisors, LLC, the depository and the investment manager, respectively, for the State Non-Arbitrage Program ("SNAP"), providing for the custody, investment and disbursement of the proceeds of your bonds and the other general obligation school bonds, and the payment by you and the other local units of the allocable, associated costs of compliance with the Internal Revenue Code of 1986, as amended, and any costs incurred in connection with your participation in SNAP (the "Proceeds Agreement"), (d) an executed copy of the Use of Proceeds Certificate in the form attached hereto as Appendix C, (e) if you will be a MOP on the date of delivery of your local school bonds, your certificate dated the date of the delivery of the VPSA's bonds to the effect that Your Information was as of the date of the VPSA's Preliminary and final Official Statements, and is as of the date of the certificate, tree and correct and did not and does not contain an untrue statement of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it has been filed or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading, (f) an approving legal opinion from your bond counsel in form satisfactory to VPSA as to the validity of the bonds and the exclusion from gross income for federal and Virginia income tax purposes of the interest on your bonds, the conformity of the {0664819.DOC-} 2 terms and provisions of your bonds to the requirements of this Bond Sale Agreement including the appendices attached hereto, and the due authorization, execution and delivery of this Bond Sale Agreement, Continuing Disclosure Agreement and the Proceeds Agreement, and the validity of the Continuing Disclosure Agreement and the Proceeds Agreement, (g) a transcript of the other customary closing documents not listed above, (h) the proceeds of VPSA's bonds, (ii) if you will be using the proceeds of your bonds to retire a bond anticipation note, certificate of participation or other form of interim financing (the "Interim Security"), receipt by VPSA of (A) an opinion of your bond counsel that, as of the Closing Date, the Interim Security will be defeased according to the provisions of the instrument authorizing the Interim Security or it will no longer be outstanding (in rendering such opinion bond counsel may rely on a letter or certificate of an accounting or financial professional as to any mathematical compmations necessary for the basis for such opinion) and (B) an executed copy of the escrow deposit agreement/letter of instruction providing for the retirement of the Interim Security and (iii) your compliance with the terms of this agreement. Two complete transcripts (one original) of the documents listed above shall be provided by your counsel to the VPSA on the Closing Date or, with VPSA's permission, as soon as practicable thereafter but in no event more than thirty (30) business days after the Closing Date. This Bond Sale Agreemem shall take effect on October 10, 2000. Virginia Public School Authority By:. Authorized VPSA Representative City of Roanoke, Virginia By: Name: Darlene Burcham Title: City Manager {0664819.DOC-} 3 (For information only; not part of the Bond Sale Agreemem.) Please have the presiding officer, or other specifically designated agent, of your governing body execute 2 copies of this Bond Sale Agreement and return them, along with the tax questionnaire attached hereto as' Appendix D, no later than close of business on October 10, 2000 to Richard A. Davis, Debt Manager, Virginia Public School Authority, [by mail] P. O. Box 1879, Riehmond~ Virginia 23218-1879 or [by hand or courier service] James Monroe Building- 3rd Floor, 101 N. 14th Street, Richmond, Virginia 23219. If your governing body or bond counsel requires more than one originally signed Bond Sale Agreement, please send the appropriate number; all but one will be returned at closing. {0664819.DOC-} 4 WILLIAM M. HACKWORTH CITY A'I'rORNEY CITY OF ROANOKE OFFICE OF CITY ATI'ORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ci.roanoke.va. us October 2, 2000 WILLIAM X PARSONS STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY ATTORNEY~ The Honorable Mayor and Members of City Council Roanoke, Virginia Re: VPSA Bonds Sale Dear Mayor Smith and Council Members: Attached are three resolutions authorizing issuance of general obligation bonds to fund a portion of the improvements at Garden City Elementary School, Grandin Court Elementary School and Preston Park Primary School. This matter was first before Council on August 21, 2000, when Council authorized the City Manager to apply for funding for these three projects from the Virginia Public School Authority (VPSA). At your September 18, 2000 meeting, a public hearing was held on the proposed issuance of the Bonds. Either I or a representative of the Roanoke City School Board will be pleased to answer any questions which Council may have about these matters. Sincerely yours, William M. Hackworth City Attorney WMH/Isc c: Dr. E. Wayne Harris, Superintendent Richard L. Kelley, Assistant Superintendent of Operations H:L4,MISCMouncil bonds CITY,. OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 9, 2000 The Honorable Arthur B. Crush, III, Clerk Circuit Court Roanoke, Virginia File #53-467 Stephanie M. Moon Deputy City Clerk Dear Mr. Crush: I am enclosing coPy of Resolution No. 35084-100200 authorizing issuance of not to exceed $1,900,000.00 General Obligation School .Bonds of the City of Roanoke, Virginia, Series 2000-B, to be sold to the Virginia Public School Authority and providing for the form and details thereof, in connection with improvements at Preston Park Elementary School. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. According to provisions on page 4 of the resolution, I am required to file a certified copy with the Circuit Court of the City of Roanoke. Sincerely, ~..~ Mary F. Parker, CMC City Clerk MFP:vbc Enclosure CITY OE R O NOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 9, 2000 File #53-467 Ste~taaJ~M..~on, / The Honorable Arthur B. Crush, III, Clerk Circuit Court Roanoke, Virginia Dear Mr. Crush: I am enclosing copy of Resolution No. 35085-100200 authorizing issuance of not to exceed $1,900,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 2000-B, to be sold to the Virginia Public School Authority and providing for the form and details thereof, in connection with improvements at Grandin Court Elementary School. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. According to provisions on page 4 of the resolution, I am required to file a certified copy with the Circuit Court of the City of Roanoke. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Enclosure CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 9, 2000 File #53-467 The Honorable Arthur B. Crush, III, Clerk Circuit Court Roanoke, Virginia Dear Mr. Crush: I am enclosing copy of Resolution No. 35086-100200 authorizing issuance of not to exceed $2,750,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 2000-B, to be sold to the Virginia Public School Authority and providing for the form and details thereof, in connection with improvements at Garden City Elementary School. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. According to provisions on page 4 of the resolution, I am required to file a certified copy with the Circuit Court of the City of Roanoke. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Enclosure CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #53-467 William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Monday, October 2, 2000, Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., inquired as to the total amount of general obligation bonds to be issued by the City in connection with Resolution Nos. 35084-100200, 35085-100200 and 35086-100200, for improvements at Preston Park Elementary School, Grandin Court Elementary School and Garden City Elementary School. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc pc: Martin Jeffrey, 517 Rutherford Avenue, N. W., Roanoke, Virginia 24016 Department of Finance City of Roanoke, Virginia October 2, 2000 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance August Financial Report This financial report covers the first two months of the 2000-2001 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect a decrease of 3.27% or $333,000 compared to FY2000. Variances in specific categories of revenues are as follows: General Property Taxes increased 34.28% or $499,000. Real estate tax collections increased over the same period in the prior fiscal year as a result of the earlier receipt of payments. Real estate tax revenues are projected to increase approximately 4% in the current fiscal year. Personal property revenues have also increased due to a timing difference in the processing of exonerations resulting from personal property audits. Other Local Taxes rose 6.42% or $305,000 due in part to increased utility consumer tax revenues. Water utility consumer tax revenue increased as a result of the rate increase, which was effective January 1, 2000, and the reversal of a year-end accounting entry made to adjust revenue to the cash basis. Admissions tax revenue increased as a result of improved delinquent collections and additional revenue derived from the opening of the Valley View Grande theater. Franchise tax revenue from the telecommunications act right of way use fee also increased. Permits, Fees and Licenses decreased 4% or $5,000, due to declines in building inspection and electrical inspection fees. Fines and Forfeitures increased 23.72% or $29,000, due to increased general district court fines and general district court collection fees, resulting from an increased case load. Revenue from parking tickets also increased. Revenue from Use of Money and Property decreased 16.02% or $38,000. In FY00, the state was billed for the amount that actual expenditures exceeded projected operating and maintenance costs for the Commonwealth Building. This revenue was reflected in August 1999, producing a significant increase in revenue in' the prior fiscal year. This decrease is offset somewhat by an increase in interest income, as a result of a higher average cash balance than in August 1999. Grants-in-Aid Commonwealth decreased $1,149,000 or 39.61%, primarily due to timing differences in the receipt of rental car tax revenue and law enforcement funding through House Bill 599. Charges for Services increased $80,000 or 18.97% due to an increase in weed cutting and demolition charges. These revenues were down in FY2000 compared to historical performance. Miscellaneous Revenue increased $63,000, as a result of a timing difference in the sale of surplus property. The fall sale of surplus property is usually conducted later in the fiscal year. An increase in the volume of surplus vehicles necessitated an earlier sale in the current fiscal year. Internal Services are down 71.05% or $117,000 due to a timing difference in fire safety airport billing, and declines in street maintenance and engineering billings. Honorable Mayor and Members Roanoke City Council October 2, 2000 Page 2 EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have increased 6.15% or $2,109,000 since FY2000. August 2000 included three bi-weekly payrolls, whereas August 1999 included only two. In FY2000, the three payroll month was September. The resulting increase in personal service and fringe benefit expenditures accounts for the majority of the overall increase. Other significant variances in individual expenditure categories are discussed as follows: General Government expenditures increased $204,000 or 10.38%. Expenditures of the City Attorney increased due to increased equipment purchases. Office of Billings and Collections expenditures rose as a result of the purchase of new office furniture. Judicial Administration expenditures increased 12.01% or $96,000. Equipment purchases by the General District Court have increased in this category. Public Safety expenditures are up $1,330,000 or 20.31%. Jail expenditures have increased due to expenses incurred for the installation of a new elevator. Public Works expenditures increased 7.79% or $421,000. Paving Program expenditures have increased approximately $210,000. Building Maintenance expenditures have increased due to costs incurred for window cleaning and treatment. Parks, Recreation and Cultural expenditures rose 17.07% or $154,000. Cultural Services Committee expenditures increased as a result of timing differences in the payment of contributions. Equipment expenditures at the Libraries also increased. Transfer to Debt Service expenditures are down $859,000 or 12.4% due to decreased principal payments made on the Series 1994 and 1997B General Obligation Bonds. Nondepartmental expenditures increased 62.07% or $449,000, as a result of increased transfers to Transportation, Capital Projects and Grant Funds. Transfer to Transportation Fund increased to provide the local match to the federal grant received for the operation of the downtown shuttle service. Transfer to Capital Projects Fund increased as a result of transfers made to provide the local share of funding to the Virginia Department of Transportation for local road improvement projects, and the appropriation of $947,000 of CMERP funds. Transfer to Grant Funds is up due to increased Virginia Juvenile Community Crime Control Act funding designated for the grant fund programs. I would be pleased to answer questions which City Council may have regarding the monthly financial statements. JDG/HRH Attachments UDirecfor of Finance Balance July 1, 2000 Ordinance Number Date CMT 382 07/07/00 34979 08/07/00 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE AUGUST 31, 2000 De_~artment Purchasing Emergency Management Services Balance August 31, 2000 Pur_oose Portrait of Dr. Noel C. Taylor Project Impact $420,244 (4,500) (16,590) $399,154 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period July I - Aug 31 July 1 - Aug 31 Percentage Revenue Source 1999-2000 2000-2001 of Change General Property Taxes $1,454,744 $1,953,408 34.28 % Other Local Taxes 4,744,188 5,048,900 6.42 % Permits, Fees and Licenses 125,028 120,028 (4.00) % Fines and Forfeitures 122,994 152,167 23.72 % Revenue from Use of Money and Property 238,144 199,983 (16.02) % Grants-in-Aid Commonwealth 2,901,610 1,752,179 (39.61) % Grants-in-Aid Federal Government - % Charges for Services 420,391 500,150 18.97 % Miscellaneous Revenue 12,740 76,264 498.62 % Internal Services 163,992 47,470 (71.05) % Total $10,183,831 $9,850,549 (3.27) % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $57,545,438 3.39% 55,834,655 9.04% 729,250 16.46% 864,500 17.60% 1,124,863 17.78% 61,619,229 2.84% 34,260 - 3,634,660 13.76% 346,500 22.01% 2,350,111 2.02% $184,083,466 5.35% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Date for the Period July I - Aug 31 1999-2000 $1,963,565 796,311 6,547,981 5,412,326 3,189,949 900,784 652,648 6,924,352 7,159,869 723,143 $34,270,928 July 1 - Aug 31 2000-2001 $2,167,446 891,915 7,877,642 5,833,848 3,226,665 1,054,549 657,536 6,065,612 7,432,572 1,171,992 $36,379,777 Percentage of Change 10.38 % 12.01% 20.31% 7.79 % 1.15 % Current Fiscal Year Percent of Unencumbered Revised Budget Balance Appropriations Obligated $9,974,543 $12,141,989 17.85% 5,418,756 6,310,671 14.13% 36,807,282 44,684,924 17.63% 17,505,877 23,339,725 25.00% 23,888,482 27,115,147 11.90% 17.07 % 3,518,091 4,572,640 23.06% 0.75 % 3,264,734 3,922,270 16.76% (12.40) % 3.81% 62.07 % 6.15 % 6,044,187 12,109,799 50.09% 37,162,860 44,595,432 16.67% 6,354,898 7,526,890 15.57% $149,939,710 $186,319,487 19.53% CITY OF ROANOKE, VIRGINIA SCHOOL AND SCHOOL FOOD SERVICE FUNDS STATEMENT OF REVENUE Year to Date for the Period July I - Aug 31 July I - Aug 31 Percentage Revenue Source 1999-2000 2000-2001 of Change State Sales Tax $747,974 $761,570 (1.82) % Grants-in-Aid Commonwealth 5,210,714 6,003,031 15.21% Grants-in-Aid Federal Government 56,099 38,620 (31.16) % Charges for Services 191,971 123,053 (35.90) % Transfer from General Fund 7,159,869 7,432,572 3.81% Special Purpose Grants 2,238,692 1,027,060 (54.12) % Total $15,606,319 $15,385,906 (1.41) % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $9,040,476 8.42% 42,057,082 14.27% 2,891,748 1.34% 3,526,973 3.49% 44,470,432 16.71% 1,779,913 NA $103,766,624 14.83% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures Instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Total Year to Date for the Period Current Fiscal Year July I - Aug 31 1999-2000 $4,835,956 506,991 357,523 1,915,137 319,126 938,028 4,034,507 2,080,255 $14,987,523 July 1 - Aug 31 Percentage 2000-2001 of Change $4,571,595 (5.47) 638,464 25.93 167,857 (53.05) Percent of Unencumbered Revised Budget Balance Appropriations Obligated % $71,193,926 $75,765,521 6.03% % 3,190,375 3,828,839 16.68% % 3,458,222 3,626,079 4.63% 1,690,104 (11.75) % 8,653,046 278,607 (12.70) % 4,246,664 320,318 (65.85) % 639,618 2,596,688 (35.64) % 1,274,201 1,779,913 (14.44) % $12,043,546 .... (19.64_) % $9~i$5~1052 10,343,150 16.34% 4,525,271 6.16% 959,936 33.37% 3,870,889 67.08% 1,779,913 NA $104,699,598 11.50% CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF AUGUST 31, 2000 General Govemment Education Flood Reduction Economic Development Community Development Public Safety Recreation Streets and Bridges Sanitation Projects Traffic Engineering Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobllgated Budget To Date Balance Encumbrances Balance $16,383,876 $5,491,102 $10,892,774 $422,251 $10,470,523 2,500,000 2,250,000 250,000 250,000 14,239,396 8,135,284 6,104,112 56,666 6,047,446 20,634,441 14,207,354 6,427,087 467,806 5,959,281 3,956,145 1,026,253 2,929,892 532,949 2,396,943 11,658,733 7,012,491 4,646,242 3,542,984 1,103,258 8,436,536 3,765,101 4,671,435 648,864 4,022,571 26,303,594 21,817,722 4,485,872 1,699,739 2,786,133 2,004,690 820,362 1,184,328 743,856 440,472 4,241,660 2,789,094 1,452,566 628,110 824,456 5,659,557 5,659,557 5,659,557 $116,018,628 $67,314,763 $48,703,865 $8,743,225 $39,960,640 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF AUGUST 31, 2000 Education Capital Improvement Reserve Total Budget $31,585,697 1,926,271 $33,511,968 Expenditures Unexpended Outstanding Unobligeted To Date Balance Encumbrances Balance $28,055,730 $3,529,957 $3,166,400 1,926,271 $28,055,730 $5,456,238 $3,166,400 $363,567 1,926,271 $2,289,838 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 2 MONTHS ENDING AUGUST 31, 2000 Interest Revenue: Interest on Bond Proceeds Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: FEMA- Regional Mitigation Project Commonwealth: Virginia Transportation Museum - ISTEA Total Intergovernmental Revenue Revenue from Third Parties: Bell Atlantic - Brambleton Avenue Signals Mill Mountain Visitors Center- Private Dona[ions Total Revenue from Third Parties Other Revenue: Transfers from General Fund Total Other Revenue Total $345,236 158,745 503,981 230,692 230,692 36,055 1,260 37,315 462,000 462,000 $1,233,988 $112,926 162,586 275,512 196,046 196,046 40,000 40,000 $511,558 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 2000 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton City of Salem County of Roanoke County of Botetourt County of Bedford Customer Services Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Rent Miscellaneous Revenue Interest and Fiscal Charges Net Nonoperating Expenses Net Income FY2001 $632,688 595,279 57,050 2,972 5,168 38,284 2,564 53,901 403,820 1,791,726 749,461 453,303 285,066 1,487,830 303,896 82,580 11,954 3,778 (187,760) (89,448) $214,448 FY2000 $546,491 505,599 40,607 4,097 134,003 36,624 2,432 104,408 466,265 1,840,526 625,711 551,610 284,871 1,462,192 378,334 65,205 14,599 453 (203,163) (122,906) $255,428 6 CiTY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 2000 FY 2001 FY 2000 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services $1,236,190 $1,323,086 142,146 121,494 36,929 15,254 150,593 84,415 24,004 16,799 86,344 34,300 7,055 - 1,683,261 1,595,348 Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation 362,356 287,597 783,194 933,721 200,144 193,052 Total Operating Expenses 1,345,694 1,414,370 337,567 180,978 Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and fiscal charges (1) Miscellaneous Revenue 69,852 80,741 (129,090) - 8,714 Net Nonoperating Revenues (Expenses) (59,238) 89,455 Netlncome $278,329 $270,433 (1) Through Fiscal Year 2000, interest was capitalizable on the 1994 Bonds issued for the Sewage Treatment expansion. Because the project is now substantially complete, interest will be expensed. 7 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 2000 Operating Revenues Rentals Event Expenses Admissions Tax Facility Fees Commissions Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Transfer From General Fund Interest on Investments Miscellaneous Total Nonoperating Revenues Net Loss FY 2001 $34,161 19,824 10,979 7,030 40,201 7,009 119,204 231,027 202,047 73,334 506,408 (387,204) 7,800 13,322 1,308 22,430 ($364,774~ FY 2000 $32,512 7,435 1,557 30,747 16,363 88,614 159,545 149,658 68,737 377,940 (289,326) 9,905 29O 10,195 ($279,131) CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 2000 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Transfer From General Fund Interest on Investments Interest and Fiscal Charges Miscellaneous Net Nonoperating Revenues (Expenses) Net Income FY 2001 $57,255 60,161 36,745 74,591 67,049 12,022 307,823 134,702 91,856 226,558 81,265 130,000 5,643 (86,958) 7,255 55,940 $137,205 FY 2000 $60,517 67,850 35,266 65,752 61,427 12,694 303,506 109,089 91,704 200,793 102,713 1,853 (90,492) 295 (88,344) $14,369 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 2000 Operating Revenues FY 2001 COMMISSION (1) CONFERENCE CENTER (2) TOTAL FY 2000 Conference Center Total Operating Revenues $ $ 584,055 $ 584,055 $ 439,208 584,055 584,055 439,208 Operating Expenses Commission Conference Center Total Operating Expenses 213,495 - 213,495 73,567 452,242 452,242 397,448 213,495 452,242 665,737 471,015 (213,495) 131,813 (81,682) (31,807) Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Interest on Investments Rent, Taxes, Insurance, and Other 43,750 - 43,750 43,750 43,750 - 43,750 43,750 8,842 - 8,842 8,306 (6,354) (6,354) (2,950) Net Nonoperafing Revenues (Expenses) 96,342 (6,354) 89,988 92,856 (117,153) 125,459 8,306 61,049 79,570 29,203 108,773 103,985 ($196,723) $96,256 ($100,467) ($42,936) Net Income (Loss) Before Depreciation Depreciation Expense/Replacement Reserve Net Income (Loss) Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree ManagemenL 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 2000 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues (Expenses) Interest Revenue Transfer From Other Funds Net Nonoperating Revenues (Expenses) Net Income (Loss) TOTALS Department of Materials Management Fleet Risk Technology Control Services Management Management FY 2001 FY 2000 $615,401 $34,769 $19,051 $462,573 $1,382,841 $2,514,635 $1,860,798 615,401 34,769 19,061 462,573 1,382,841 2,514,635 1,860,798 366,166 20,541 5,334 236,692 39,686 668,419 496,151 248,751 2,348 12,695 130,531 1,530,566 1,924,891 1,772,498 51,254 3,094 322,070 376,418 383,164 666,171 22,889 21,123 689,293 1,670,252 2,969,728 2,681,813 (50,770) 11,880 (2,072) (226,720) (187,411 ) (455,093) (791,015) 43,623 (192) 2,534 9,185 116,127 171,277 142,184 125,900 43,623 (192) 2,634 9,186 116,127 171,277 268,084 ($7,147) $11,688 $462 ($217,535) ($71,284) ($283,816) ($522,931) 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED AUGUST 31, 2000 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED AUGUST 31,2000. BALANCE AT BALANCE AT BALANCE AT FUND JUL 31, 2000 RECEIPTS DISBURSEMENTS AUG 31, 2000 AUG 31, 1999 GENERAL $25,574,813.65 $9,038,315.54 $27,504,772.91 $7,108,356.28 $4,510,252.46 WATER 7,970,075.89 648,391.81 2,327,880.22 6,290,587.48 6,852,945.36, SEWAGE 8,431,250.61 1,691,438.23 3,715,270.75 6,407,418.09 7,764,217.52 ~ CIVIC CENTER 1,285,929.72 122,621.37 332,686.76 1,075,864.33 1,062,359.85 TRANSPORTATION 706,000.99 184,441.98 821,563.52 68,879.45 (62,342.83 CAPITAL PROJECTS 45,622,705.21 2,515,418.78 1,300,704.39 46,837,419.60 32,295,797.27 CONFERENCE CENTER 936,992.65 50,374.27 211,800.97 775,565.95 1,008,192.38 i JUVENILE DETENTION 4,354,536.25 137,370.49 304,702.20 4,187,204.54 8,773,746.00 DEBT SERVICE 9,647,843.51 7,429,436.82 9,751,275.00 7,326,005.33 4,351,845.44 CITY INFORMATION SYSTEMS 4,311,874.95 332,717.92 366,497.67 4,278,095.20 4,372,309.52 MATERIALS CONTROL (148,757.55) 239,078.47 36,979.24 53,341.68 20,179.13 MANAGEMENT SERVICES 239,925.75 18,668.03 4,474.42 254,119.36 227,990.48 ;i FLEET MANAGEMENT 1,008,988.52 36,457.02 372,211.34 673,234.20 1,523,690.78 PAYROLL (21,967,890.58) 22,962,761.17 12,516,768.34 (11,521,897.75) (7,671,978.74)! RISK MANAGEMENT 10,596,358.77 1,552,788.62 800,259.81 11,348,887.58 10,710,368.60 HIGHER EDUCATION AUTH 0.00 0.00 0.00 0.00 7,096,703.83 PENSION 1,539,903.96 2,310,167.09 1,899,769.22 1,950,301.83 282,095.90 SCHOOL FUND 11,101,400~26 4,506,665.00 6,316,993.32 9,291,071.94 10,862,699.65 SCHOOL CAPITAL PROJECTS 239,517.77 342,426.09 2,004,250.92 (1,422,307.06) (6,331,148.74' SCHOOL FOOD SERVICE (18,564.74) 134,682.98 104,820.02 11,298.22 0.00' FDETC 125,823.63 83,123.46 181,673.95 27,273.14 24,915.02 ~ GRANT 905,810.87 335,348.05 466,930.67 774,228.25 312,290.831 TOTAL $112,464,540.09 $54,672,693.19 $71,342,285.64 $95,794,947.64 $87,987,129.71 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED AUGUST 31, 2000. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL HIGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER FEDERAL AGENCY BONDS LOCAL GOVERNMENT INVESTMENT POOL REPURCHASE AGREEMENTS STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER) VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $26,510.55 1,570,600.30 6,650,000.00 13,324,290.12 4,977,361.11 9,984,300.00 15,630,902.84 10,000,000.00 3,748,198.94 29,882,783.78 $95,794,947.64 DATE: SEPTEMBER 8, 2000 DAVID C. ANDERSON, TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE MONTH ENDING AUGUST 31, 2000 Revenue Contributions Investment Income Net Appreciation in Fair Value of Investments Bond Discount Amortization Total Revenue FY 2001 $501,691 340,498 11,202,684 9,343 $12,054,216 FY 2000 $555,544 26,039 (12,413,186) 6,262 ($11,825,341) Ex_Denses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to Age 65 Total Expenses Net Gain (Loss) $2,062,297 (4,410) 20,398 854 42,453 2,121,592 $9,932,624 H) $1,875,836 16,467 25,951 867 29,097 1,948,218 ($13,773,559) (1) Reversal of accruals made at June 30, 2000. 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AUGUST 31, 2000 Assets Cash Investments, at Fair Value Due from Other Funds Due from Other Governments Other Assets Total Assets FY 2001 $1,950,302 359,962,802 1,749 5,097 $361,919,950 FY 2000 $281,096 329,936,322 14,758 (1,839) (1) 18,000 $330,248,337 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance $1,058,112 69 1,058,181 350,929,145 9,932,624 360,861,769 $361,919,950 $947,778 2,101 949,879 343,072,017 (13,773,559) 329,298,458 $330,248,337 (1) Reversal of accruals made at June 30, 1999. 14 CITY OF R O. ANOKE Office of the C~ty Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #2-379-468 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35087-100200 authorizing the City Manager to execute appropriate documents to acquire all property rights needed for construction of the Tinker Creek Greenway; setting a certain limit on acquisition costs of such property rights; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on the property for the purpose of commencing the project; all upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Kit B. Kiser, Assistant City Manager for Operations Robert K. Bengtson, Director, Department of Public Works Sarah E. Fitton, Engineering Coordinator Philip C. $chirmer, City Engineer Cassandra Altice, Project Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 2000. No. 35087-100200. AN ORDINANCE providing for the acquisition of certain interests in property needed by the City for the Tinker Creek Greenway Project; setting a certain limit on the acquisition costs of such property fights; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on the property for the purpose of commencing the project; all upon certain terms a~d conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the Tinker Creek Greenway Project, the City wants and needs certain fee simple interests, permanent and temporary construction easements, and/or rights of ingress and egress, licenses or permits, and indemnification of the railroad for liability, to property identified by Tax Map Nos. 4321014, 4321015, 4321016 and 4321021. The proper City officials are authorized to take appropriate action to acquire the necessary property fights for the City from the respective owner or owners for such consideration as the City Manager deems appropriate, subject to certain limitations and subject to the applicable statutory guidelines, providing the acquisition costs of..~uch property rights shall not exceed $150,000.00 without further authorization of Council, all as more fully set forth in the report to Council dated October 2, 2000. All requisite documents shall be approved by the City Attorney. 2. Upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consid, eration to the owner or owners, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner or owners of the real estate identified above, or should any owner or owners be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner or owners be unknown, the City Attorney is authorized and directed to institute condenmation or legal proceedings to acquire for the City the property fights identified above. 4. In seeking or conducting any condenmation proceeding, the City Attorney is authorized to make a motion on behalf of the City for entry of an order, pursuant to {}25-46.8 or §33.1-120, et seq, Code of Virginia (1950), as amended, granting to the City the fight to enter upon the property for the purpose of ¢0mmencing the projeCt. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the sums offered to the respective owner or oWners. 5. In order to provide for the usUal daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report October 2, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Property Rights Acquisition for Tinker Creek Greenway The attached staff report was considered by the Water Resources Committee at its regular meeting on September 18, 2000. The Committee recommends that Council authorize the City Manager to execute the appropriate documents to accomplish the acquisition of all property rights necessary for the construction of the project, in a form acceptable to the City Attorney. Said property rights may be acquired, following a satisfactory environmental site inspection, by negotiation or eminent domain and include permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc. and indemnification of the railroad liability related to the construction, removal, replacement, and maintenance of the project. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Cassandra Altice, Project Manager #00-369 Water Resources Committee Regular Agenda Report September 18, 2000 To: From: Subject: K~i~ ~ b~,~i~Se~rW-'~i~ri s~ ice~ C ° m m itt e e ~'~J · . ' , ' 'ty anager for,~O~ions t~i~p~arrt~el~i~hLt~BAU~i~'o~itf~rM~~"T~ker Creek ~reenway Background: The Consent Order between the City of Roanoke and Department of Environmental Quality for the alleged violations of environmental regulations at the Public Works Service Center requires the City of Roanoke to spend at least $150,000 for a greenway to be placed along Tinker Creek. The proposed plan for Tinker Creek Greenway runs along Tinker Creek for approximately one mile. It begins west of the bridge crossing Tinker Creek at Wise Avenue and ends just south of Kenwood Boulevard where the railroad crosses Tinker Creek. The total trail width is 16' with a 12' paved surface and 2' grass shoulders on each side. Parking access is provided at the beginning of the trail and at the Dale Avenue crossing. The end of the trail will be connected to the southern end of Kenwood Boulevard by a 12' access trail. Plans for the proposed improvements have been sufficiently finalized to identify the property rights that will be required for the greenway and parking facilities. Authorization is needed to move forward with acquisition of the necessary property rights. See Attachment 1 for a list of parcels, and Attachment 2 for a map of the properties affected. Considerations: The Tinker Creek Greenway is largely within the Fallen Park area, therefore, the City of Roanoke owns most of the property. The city will need to secure a permit from Norfolk & Southern Railroad to locate the greenway within the railroad right-of-way. Funding for Railroad Protective Liability Insurance is available. Funding of $150,000 is available in the State Settlement DEQ Greenway Project Account #008-052-9681-9213. Recommended Action(s): Authorize the City Manager to execute the appropriate documents to accomplish the acquisition of all property rights necessary for the construction of the project, in a form acceptable to the City Attorney. Said property rights may be acquired, following a satisfactory environmental site inspection, by negotiation or eminent domain and include permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc. and indemnification of the railroad of liability related to the construction, removal, replacement, and maintenance of the project. DLB/KBK/SEF #00-369 Attachment(s): 2 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Cassandra Altice, Project Manager H:\USER\COMMON\Council\Fitton\tnker-crk ATTACHMENT 1 TINKER CREEK GREENWAY Tax No. Property Owner 4321014 4321015 4321016 4321021 N/A Hooker Furniture Corporation Hooker Furniture Corporation Hooker Furniture Corporation Hooker Furniture Corporation Norfolk Southern Corporation ATTACHMENT 2 , %, % (mm) DA'II 0 mmm0 am tofo CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #60-247 James D. Gdsso, Treasurer . Hotel Roanoke Conference Center Roanoke, Virginia James D. Ritchie, Commissioner Hotel Roanoke Conference Center Roanoke, Virginia Dear Mr. Grisso and Mr. Ritchie: I am attaching copy of Resolution No. 35089-100200 approving the capital expense budget of the Hotel Roanoke Conference Center Commission for Fiscal Year 2000-2001, in the amount of $7 million; and providing, subject to appropriation, the funding for same in future years. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: John H. Parrott, Chairperson, Hotel Roanoke Conference Center Commission, P. O. Box 1628, Roanoke 24008 Dr. Raymond D. Smoot, Jr.,Secretary, Hotel Roanoke Conference Center Commission, 312 Burruss Hall, Blacksburg, Virginia 24061 Debbie Moses, Director, Hotel Roanoke Conference Center Commission, 106 Shenandoah Avenue, N. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager Barry L. Key, Director, Department of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 2nd day of October, 2000. No. 35089-100200. RESOLUTION approving the capital expense budget of the Hotel Roanoke Conference Center Commission for Fiscal Year 2000-2001 and providing, subject to appropriation, the funding for the same in future years. WHEREAS, §21 of the Hotel Roanoke Conference Center Commission Act (Chapter 440 of 1991 Acts of Assembly) (the "Act") requires that each participating party approve the Commission's proposed capital budget for the forthcoming fiscal year; and WHEREAS, the City of Roanoke, Vir~nia (the "City") is, with V~ginia Polytechnic Institute and State University (the "University") one of the participating parties named in the Act; and WHEREAS, the Commission expects to borrow the sum of $7,000,000 through the issuance and sale of its $7,000,000 Revenue Note, Series 2000 (the "Note") to be sold to First Union National Bank, a national banking association with offices in Roanoke, Virginia (the "Bank"); and WHEREAS, the City is approving this capital expense subsidy budget to provide assurance to the Bank that funds will be available to pay the interest as it accrues each month and principal on the Note on or before its due date of April I, 2003; and WHEREAS, the Commission has submitted to this Council a proposed capital budget showing estimated capital expenses in the amount of $7,000,000 for Fiscal Year 2000-2001'; and WHEREAS, this Council desires to approve the proposed capital budget and to commit itself, pursuant to Section 10 of the Amended and Restated Agreement dated August 4, 1993 by and among the City, Virginia Polytechnic Institute and State University (the "University"), Virginia T¢ch Real Estate Foundation Inc. ("VTREF") and Hotel Roanoke Conference Center Commission (the "Commission"). THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the capital budget of the Hotel. Roanoke Conference Center Commission which has been prepared and submitted for Fiscal Year 2000-2001 is hereby approved and that the City shall be obligated SUBJECT TO APPROPRIATION to pay the Commission the amount required for projected capital expenditures, which funds shall be paid as required by Section 10(c) of the Commission Agreement. This Resolution shall take effect immediately. ATTEST: City Clerk 2 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #60-247 James D. Gdsso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35088-100200 amending and reordaining certain sections of the 2000-2001 Hotel Roanoke Conference Center Commission Fund Appropriations, in connection with approval of the capital expense budget of the Hotel Roanoke Conference Center Commission for fiscal year 2000-2001 in the amount of $7 million. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Darlene L. Burcham, City Manager Debbie Moses, Director, Hotel Roanoke Conference Center Commission, 106 Shenandoah Avenue, N. W., Roanoke, Virginia 24016 Barry L. Key, Director, Department of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of October, 2000. No. 35088-L00200. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Hotel Roanoke Conference Center Commission Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Hotel Roanoke Conference Center Commission Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AppropHation~ Capital Outlay $ 7,000,000 Hotel Roanoke Conference Center Commission Repair Facility Project (1-4) ............................................... 6,245,000 Hotel Roanoke Conference Center Commission Capitalized Interest (5) ................................................ 755,000 1 ) Professional Services 2) Administration and Engineering Fees 3) Construction - Structures 4) Construction- Incentive 5) Capitalized Interest Expense (010-320-9510-2010) $ 40,000 (010-320-9510-9055) (010-320-9510-9060) (01 0-320-9510-9130) (01 0-320-9511-9062) 256,618 5,748,382 200,000 755,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A'I-I'EST: City Clerk. flotel Roanoke Conference Cente Comm i n , John H. Parrott, Chairman Minnis E. Ridenour, Vice Chairman Raymond D. Smoot, Jr., Secretary James D. Grisso, Treasurer James D. Ritchie C. Clark Jones Deborah J. Moses, Director October 2, 2000 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member SUBJECT: Hotel Roanoke Conference Center Commission Capital Budget FY 2000-2001 Dear Mayor Smith and Members of City Council: Background: The Hotel Roanoke Conference Center Commission ( the "Commission") was established by Resolutions adopted by Virginia Polytechnic Institute and State University on November 18, 1991, and the City of Roanoke on April 14, 1992, pursuant to Chapter 440 of the 1991 Acts of the Commonwealth of Virginia, adopted March 22, 1991 (the "Enabling Legislation"). Section 21B of the Enabling Legislation provides that the Commission annually prepare and submit to both the City of Roanoke and Virginia Polytechnic and State University a proposed capital budget. Considerations: On September 21,2000 the Commission recommended approval of the capital budget f~ fiscal year 2000-2001 that was presented by its director and attached as Exhibit A. Funding for the capital budget is to be provided by a $7,000,000 Revenue Note which will be due on or before April 1,2003. This capital budget will be presented to the Board of Visitors of the Virginia Polytechnic and State University for consideration on November 6, 2000. 215 Church Avenue, S.W., Room 364, Roanoke, Virginia 24011 (540) 853-1170 - Telephone (540) 853-1138 - Facsimile Honorable Mayor And Members of City Council October 2, 2000 Page 2 Recommended Action(s): City Council approve the Commission capital budget for FY 00-01, appropriate $7,000,000 to accounts to be established by the Director of Finance as shown on Exhibit A. Respectfully submitted, s( Treasurer Attachments C~ Darlene L. Burcham, City Manager John H. Parrott, Chairman, Hotel Roanoke Conference Center Commission William M. Hackworth, City Attorney Mary F. Parker, City Clerk Barry M. Key, Manager, Office of Management and Budget CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clark Stephania M. Moon Deputy City Clark October 4, 2000 File #60-277-450-538 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35091-100200 authorizing execution of an Agreement between the City of Roanoke and the Art Museum of Western Virginia providing for the City to make certain appropriations to the Art Museum upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. ~.)~~ ~ ~Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Dr. Judy Larson, Executive Director, Art Museum of Western Virginia, 1 Market Square, S. E., Roanoke, Virginia 24011 James D. Grisso, Director of Finance Elizabeth Neu, Director, Department of Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day, of October, 2000. No. 35091-100200. A RESOLUTION authorizing the execution of an Agreement between the City of Roanoke (City) and the Art Museum of Western Virginia (Art Museum) providing for the City to make certain appropriations to the Art Museum upon certain terms and conditions. WHEREAS, the Art Museum intends to raise funds for the design, development, and construction of a new building or complex to be located in Roanoke City that will house the Art Museum, an anticipated IMAX theater, and possibly other entities, and the Art Museum has requested appropriation of funds from the City for that Project; and WHEREAS, the City wishes to support the design, development, and construction of the above Project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an Agreement between the City and the Art Museum that will provide for the City to make the following appropriations to the Art Museum for the above Project: A. $300,000 to be paid to the Art Museum within 10 days from the date the Agreement. B. $2.5 million to be paid to the Art Museum not later than on or about June 30, 2003, upon certain terms and conditions. C. $1.2 million to be paid to the Art Museum not later than on or about June 30, 2004, upon certain terms and conditions. 2. That the total appropriations referred to above will not exceed 20% of the total costs of the Project and will be subject to such other terms and conditions as the City Manager deems appropriate, all as more fully set forth in the City Manager's report to this Council dated October 2, 2000. 3. The appropriations referred to in paragraphs 1 (B) and (C) will be subject to the further appropriation of such funds by Council. 4. The Agreement shall be in substantially the same form as that which is attached to the above mentioned report, and shall be approved as to form by the City Attorney. ATTEST: City Clerk- CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 4, 2000 File #60-277-450-538 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35090-100200 amending and reordaining certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, appropriating/transferring $300,000.00 in connection with the Art Museum/IMAX Theatre Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Darlene L. Burcham, City Manager Elizabeth Neu, Director, Department of Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ~e 2nd day of October, 2000. No. 35090-100200. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, be,. and the same are hereby, amended and recrdained to read as follows, in part: Nondepartmental Transfers to Other Funds (1) $64,436,121 ................................... 64,216,169 Fund Balance Reserved for CMERP - City (2) ................................. $ 3,591,614 Capital Proiect~ Fund Community Development Art Museum/IMAX Theatre Project (3) ............................ Capital Improvement Reserve Capital Improvement Reserve (4) ............................... Revenues $ 4,256,145 300,000 $ 5,584,557 27,339 Nonoperating Transfer from General Fund (5) $ 2,325,746 ................................. 2,210,246 1) Transfer to Capital Projects Fund 2) Reserved for CMERP - City 3) Appropriated from General Revenue 4) Buildings and Structures 5) Transfer from General Fund (001-250-9310-9508) (001-3323) (008-410-9734-9003) (008-052-9575-9173) (008-110-1234-1037) $ 150,000 (150,000) 300,000 (75,000) 150,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage.. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report October 2, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Art Museum/IMAX Theater Project Background: The City of Roanoke has pledged a total of $4 million and approximately an acre of downtown City property (the former Hunter Viaduct site) to the Art Museum of Western Virginia for the design, development and construction of a building to house a new museum and IMAX theater. The project is estimated to cost $30 million to complete. This agreement sets forth the terms of the monetary pledge from the City. A separate agreement for the transfer of land will be established at a later date between the City and the Western Virginia Foundation for the Arts and Sciences (WVFAS). The funds the Art Museum is requesting from the City will be used solely for the project costs or activities associated with the design, planning, predevelopment work, development and construction of the project. The $4 million includes construction of infrastructure of any type for the project, encompassing roads, sidewalks, utilities of any type, water and sewer service, or other improvements to work to the public rights-of-way or any other items necessary for the project. If the City determines that any of the public infrastructure or work for the public infrastructure improvements should be provided by the City and the Art Museum concurs in writing, those costs may be deducted by the City from any of the appropriations to the Art Museum or the City may request the Art Museum reimburse the City for such costs. The $4 million pledged shall be paid to the Art Museum in the following manner: 1. $300,000 will be paid within 10 days from the date of this agreement. These funds will be used for activities associated with the planning, design and predevelopment work for the project. 2. $2.5 million will be appropriated when the Art Museum certifies in writing to the City Manager that the museum has obtained sufficient funds or donations, to include the City's appropriation, to actually start construction. The City and the Art Museum have agreed upon a June 30, 2003, deadline for start of construction. If the museum is able to start the project by June 30, 2003, the City will, after 30 days notice from the Art Museum, provide the second payment of $2.5 million. 3. The third and final payment of $1.2 million will be made on or before June 30, 2004, when the Art Museum certifies in writing with supporting documentation to the City Manager, that the project is 50 percent or more complete. The museum also must show proof that it has sufficient funds to complete the project before it receives the $1.2 million appropriation. The appropriations referred to in 2 and 3 above will be subject to the further appropriations of such funds by Council. Art Museum/IMAX Project October 2, 2000 Page 2 The total City appropriations are subject to the condition that they do not exceed the lesser of 20 percent of the total cost of the project or $4 million. Should City appropriations be less than a total of $4 million, the amount of the pledge will be reduced accordingly. The Art Museum will keep the City, through its Economic Development Director, abreast of the progress of the project and related matters. The Art Museum also agrees to allow the City and/or its representative to inspect, audit, copy or examine any books, documents, or other relevant material in connection with this project and the use of City funds. Considerations: Funding is available for appropriation or transfer from the following accounts to fund the initial $300,000 commitment. · Account 001-250-9310-9508 Transfers to Capital Projects · Account 008-052-9575 Capital Improvement Reserve - Buildings and Structures · Fiscal Year 99-00 Capital Maintenance and Equipment Replacement Program $ 75,000 $ 75,OOO $150,000 Recommended Action(s): City Council is requested to authorize the City Manager to execute an agreement substantially similar to the one which is attached to this report setting forth the terms by and between the City of Roanoke and the Art Museum of Western Virginia. Council also is asked to adopt the attached budget ordinance appropriating/transferring a total of $300,000 from accounts identified above to a new account in the Capital Projects Fund entitled "Art Museum/IMAX Project." These funds will be provided within 10 days of the date of the agreement. City Manager CC: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk #00-53 AGREEMENT COPy This Agreement (Agreement) is dated this ~ day of October, 2000, by and between the City of Roanoke, Virginia, a municipal corporation (City), and the Art Museum of Western Virginia, a charitable and/or recreational Virginia Nonprofit Corporation located in Roanoke City (Art Museum). WITNESSETH: WHEREAS, the Art Museum has advised the City that the Art Museum intends to undertake a major fund-raising effort in order to fund the design, development, and construction of a new building or complex that will be located in Roanoke City and will house the Art Museum, an anticipated IMAX theater, and possibly other entities, all of which will provide benefits and services to the residents of Roanoke City and Southwestern Virginia. The planning, design, the predevelopment work, the development, and construction of the building or complex are hereinat~er referred to as the "Project"; and WHEREAS, the Art Museum has estimated the cost of the entire project to be approximately $30 million; and WHEREAS, the Art Museum has requested that the City provide appropriations of a total of $4 million for the Project (which does not include any appropriation of real property which the City may donate for the Project) pursuant to the terms and conditions of this Agreement; and WHEREAS, the parties wish to reduce to writing the understanding of the parties concerning this matter. NOW, THEREFORE, the parties mutually agree as follows: SECTION 1. REPRESENTATIONS BY ~ ART MUSEUM. The Art Museum hereby represents as follows: A. The Art Museum is a charitable and/or recreational nonprofit Virginia corporation and has been granted a 501(c)(3) tax exempt status fi.om the United States Internal Revenue Service. That the representations set forth above concerning the Project and its costs are true and accurate. The funds which the Art Museum is requesting fi.om the City wifl be used solely for the Project. H:XA.G~ Pe~fm'm~m~ A~l~ne~t SECTION 2. REQUEST FOR FUNDS BY THE ART MUSEUM. The Art Museum hereby requests that the City provide appropriations of funds to the Art Museum as follows: A. $300,000 to be paid to the Art Museum within 10 days from the date of this Agreement, such funds to be used for the planning, design, and predevelopment work for the Project. $2.5 million to be paid to the Art Museum when the Art Museum certifies in writing to the City Manager that the Art Museum has obtained sufficient funds or donations (to include the City's appropriations) to actually start construction of the Project and the estimated cost of the Project and that the Art Museum has a binding contract with a contractor to actually start such construction on or before June 30, 2003, and that such construction has commenced by that date. Provided, however, and subject to the terms and conditions of this Agreement, such payment from the City will not be made to the Art Museum until 30 days after the City, through the City Manager, receives sufficient written documentation to establish the Art Museum's compliance with the conditions precedent set forth above. Co Provided that the Art Museum has complied with the requirements set forth in Section 2(B) above, an additional $1,200,000.00 to be paid to the Art Museum when the Art Museum certifies in writing to the City Manager, together with a written certification to the City Manager from the Art Museum's architect or engineer for the Project, that the Project is 50% or more complete and that the Art Museum further certifies in writing that it continues to have sufficient funds to complete the Project and the estimated cost for the Project and further that the certifications are provided to the City Manager on or before June 30, 2004. Provided, however, and subject to the terms and conditions of this Agreement, such payment from the City will not be made to the Art Museum until 30 days after the City, through its City Manager, receives sufficient written documentation to establish the Art Museum's compliance with the conditions precedent set forth above. Do That the total of $4 million being requested from the City as set forth above in Sections 2(A),(B), and (C) includes construction of all infrastructure of any type for the Project (infrastructure to include public improvements to roads, sidewalks, utilities of any type, water and sewer service, or other improvements or work to the public fights-of-way or any other items necessary for the Project) and that the Art Museum or the Art Museum's contractor or representative will be responsible for all such public infrastructure or improvements. Provided, however, that any work in or improvements to any public rights-of-way will be subject to appropriate approval by the City. Also, if the City determines that the City should provide for any of the public infrastructure or work for the infrastructure improvements mentioned above, and the Art Museum gives its written consent (which consent will not be unreasonably withheld), then any such amounts or costs related to that work by or on behalf of the City may be deducted by the City from any of the above appropriation amounts or the City may request the Art Museum to reimburse the City for such costs, in which case H:~AGM'f~[MAX Pert'o~nee the Art Museum will pay the City the requested costs or expenses within 30 days of any such written request. The total of $4 million being requested from the City by the Art Museum in Sections 2(A),(B), and (C) does not include the value or cost of the real property or the transfer of that property for the Project, which will be subject to a separate agreement between the City and the Art Museum or another entity. SECTION 3. CITY APPROPRIATION OF FUNDS. The City, pursuant to Virginia Code Section 15.2-953, will provide for the appropriation of the $300,000 requested by the Art Museum in Section 2(A) of this Agreement. The City, pursuant to Virginia Code Section 15.2-953, expresses its intent to provide for the appropriations of the funds requested by the Art Museum in Sections 2(B) and (C) of this Agreement subject to Section 3(C) below and to the appropriation by City Council of such funds either at or before the time the Art Museum submits its written certifications to the City referred to in those sections and any such appropriations will be subject to the conditions set forth in those sections. All City appropriations of funds provided for in this Agreement are subject to the condition that the total of all such City appropriations shall not exceed the lesser of 20% of the total cost of the Project [such cost not to include the cost or value of the real property referr, ed to in Section 2(E)] or $4 million. Should City appropriations be less than a total of $4 million as provided for herein, the amounts referred to in Sections 2(B) and (C) will be reduced accordingly. For example only, fi.the scope of the Project is reduced and the total cost of the Project is reduced from the estimated $30 million to $18 million, then the total of City appropriations would be $3.6 million and the $1,200,000.00 referred to in Section 2(C) would be reduced to $800,000.00. SECTION 4. REPORTS TO TIlE CITY AND BOOKS AND RECORDS The Art Museum will keep the City, through the City's Economic Development Director, advised of the progress of the Project and related matters. The Art Museum further agrees to allow the City and/or its representative to inspect, audit, copy or examine any books, documents, or other relevant material in connection therewith upon written request by the City in connection with the Project and the use of funds appropriated by the City for the Project. SECTION 5. INDEMNITY. The Art Museum. agrees to indemnify and hold harmless the City, its officers, directors, agents, employees, representatives, and volunteers for and from any and all claims, causes of action, damages or any liability of any type on account of any claims by or injury to or damage to any person(s), entity, or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of the Art Museum or its agents, employees or representatives arising out of H:~.GMTS~MAX P~'fo~t~ or connected in any way to any of the matters involved in this Agreement or its performance or in connection with the Project. SECTION 6. COMPLIANCE WITH LAWS. The Art Museum agrees to comply with all applicable federal, state, and local laws and regulations. SECTION 7. COOPERATION. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose of this Agreement. SECTION 8. SEVERABILITY. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. SECTION 9. AUTHORITY TO SIGN. The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement in their representative capacities as indicated. SECTION 10. 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. SECTION 11. SUCCESSORS. 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. SECTION 12. NONDISCRIMINATION. The Art Museum agrees not to discriminate on the basis of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment in its employment practices, contracting or provision of services in violation of any applicable laws. SECTION 13. ASSIGNMENT. The Art Museum agrees not to assign or transfer any part of this Agreement without the prior written consent of the City, and any such assignment will not relieve the Art Museum from any of its obligations under this Agreement. H 5AG~X P~form~,~ Agx~m~m '~ SECTION 14. FORUM SECTION AND CHOICE OF LAW By virtue of entering into this Agreement, the Art Museum agrees and 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 Commonwealth of Virginia and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia. SECTION 15. NONWAIVER Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any party's waiver of any particular breach of this Agreement by any other party 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 or a waiver of any other breaches of the Agreement by any party and does not bar the nondefaulting party from requiring the defaulting party to comply with all the terms and conditions of this Agreement and does not bar the nondefaulting party from asserting any and all fights and/or remedies it has or might have against the defaulting party under this Agreement or by law. SECTION 16. CAPTIONS AND FIEADINGS. The section captions and headings are for convenience and reference purposes and shall not affect in any way the meaning or interpretation of this Agreement. SECTION 17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements between the parties. No amendment to this Agreement will be valid unless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF,. the parties have executed this Agreement by their authorized representatives. ATTEST: CITY OF ROANOKE By Mary F. Parker, City Clerk City Manager ART MUSEUM OF WESTERN VIRGINIA By. Printed Name and Title Printed Name and Title H:XAG~ P,~f'omlan~ A~,~:m~tt 5 Approved as to Form: Approved as to Execution: City Attorney City Attorney Appropriation and Funds Required for this year for this Comract Certified and the remaining funds are subject to appropriation by Cit~ Council: Director of Finance Date Acct. MARY F. PARKER, CMC City CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mail: clerk(~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk October 4, 2000 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Agee & Kidd, P. C. P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: I am enclosing copy of Ordinance No. 35070-100200 amending proffered conditions on a certain tract of land containing 0.40 acre, more or less, lying at the southeast comer of the intersection of Peters Creek Road and Lewiston Street, N. W., located at 3509 Peters Creek Road, Official Tax No. 6421133; and repealing proffered conditions accepted in Ordinance No. 29414 adopted on January 17, 1989. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000, also adopted by the Council on second reading on Monday, October 2, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Enclosure Mr. Edward A. Natt October 4, 2000 Page 2 pc: Mr. and Mrs. Jack M. Allara, II, 4910 Valley View Boulevard, N. W, Roanoke, Virginia 24012 Ms. Ruth Black Eades, 4561 Lewiston Street, N. W., Roanoke, Virginia 24017 Shear Experience, 2408 Horsepen Mountain Circle, Roanoke, Virginia 24019 Melrose Baptist Church, 3520 Peters Creek Road, N. W., Roanoke, Virginia 24019 Gary L. and Martha D. Dean, 3328 Peters Creek Road, N. W., Roanoke, Virginia 24019 Patricia Keith Whitley, 3224 Peters Creek Road, N. W., Roanoke, Virginia 24019 Roanoke County Board of Supervisors, c/o Elmer C. Hodge, County Administrator, 5204 Bernard Drive, S. W., Roanoke, Virginia 24018 Melvin L. Hill, Chairperson, City Planning Commission, 2545 Marr Street, N. W., #15F, Roanoke, Virginia 24012 Dadene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, ]?he 2nd clay of October, 2000. No. 35070-100200. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditiOns presently binding upon certain property previously conditionally zoned C-1, Office District. WHEREAS, Jack M. Allara, II and Marla D. Allara, filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land containing 0.40-acres, more or less, lying at the southeast comer of the intersection of Peters Creek Road and Lewiston Street, located at 3509 Peters Creek Road, N.W., and designated as Official Tax No. 6421133, which property was previously conditionally rezoned by the adoption of Ordinance No. 29414, adopted January 17, 1989; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on September 18, 2000, after due and timely notice thereof as required by §36. l- 693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this recommendation made Council, after considering the aforesaid application, the to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land containing 0.40-acres, more or less, lying at the southeast comer of the intersection of Peters Creek Road and Lewiston Street, located at 3509 Peters Creek Road, N.W., and designated as Official Tax No. 6421133, and the matters presented at the public hearing, should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 642 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the First Amendment to Amendment of Proffered Conditions filed in the City Clerk's Office on August 25, 2000, and as set forth in the report of the Planning Commission dated September 18, 2000. ATTEST: City Clerk. H:\O RD-REZ\OAP-Allara-9-18-00 Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Roanoke City Council Regular Agenda Report September 18, 2000 Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Jack M. Allara, II and Maria D. Allara, represented by Edward A. Natt, Esquire, that proffered conditions relating to property located at 3509 Peters Creek Road, N.W., Official Tax No. 6421133, be amended. Background: This tract was conditionally rezoned in 1989 from RS-1 to C-1 for the construction of a bank. The petitioner proffered "that the property would be developed in substantially conformity with the site plan prepared by Dickson Architects and Associates, P. C., under date of October 5, 1988, with such' revisions and amendments as may be required by the City of Roanoke during the site plan review process." The petitioner is requesting an amendment of the existing proffered conditions to repeal the existing proffer and proffer additional conditions. The petition and rezoning request was reviewed by the Planning Commission at its regular hearing on August 17, 2000. Mr. Robert McNichol of 3333 Peters Creek Road spoke to the Planning Commission regarding his concerns about stormwater management and aesthetic design of the proposed dentist office. The petitioner verbally proffered additional conditions that the new structure would be constructed in substantial conformity with the submitted elevation drawing. Mr. Natt, on behalf of the petitioner, subsequently filed a First Amendment to Amendment of Proffered Conditions, dated August 22, 2000, with the following conditions: That the property will be developed in substantial conformity with the Preliminary Plan for Proposed Professional Office Building, prepared by Lumsden Associates, under date of June 20, 2000, attached hereto as Exhibit 4 and made a part hereof subject to any changes that may be required by the City during development plan review. That the property will be developed in substantial conformity with the Front Elevation Plan dated June 21,2000, attached hereto as Exhibit 5 Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals and made apart of the Petition subject to such changes that may be required by the City during development plan review. Considerations: Current zoning of the subject area is C-1 conditional, Office District. Zoning along Peters Creek Road is generally commercial, both in Roanoke and Roanoke County. Properties to the east are zoned residential. Land uses surrounding the area are generally commercial. A residential property adjoins the rear of the subject property. A ten foot evergreen buffer will be required as a part of site plan review. No neighborhood organization exists in the area. Staff received comments from Melrose Baptist Church which had no objection to the rezoning. The Comprehensive Plan recommends that development of new or existing commercial or industrial areas in the city should be carefully planned and designed to promote quality development and land use. In addition the Draft Peters Creek North Neighborhood Plan recommends encouraging commercial development along existing commercial corridors. Recommendation: Planning Commission by a vote of 6-0 (Mr. Hill absent) recommends City Council approve the repeal of the existing proffer and substitution of the new proffers set forth in the First Amended Petition submitted on August 22, 2000. Development of professional offices will not create additional impacts beyond what was proposed on the original proffered site plan. This site, presently zoned C-1, with conditions, has little development potential for residential use. Impacts on adjacent residential areas will be minimized by buffering requirements. SW:ESL:f attachment cc: Assistant City Attorney Attorney for the Petitioner Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission ~TERHOUDT, FERGUSDN, NATT, AGEE & KIDD ATTBRNEYSoAT-LAW ROANOKE, VIRGINIA 24D18-1699 FIRST AMENDMENT TO AMENDMENT OF PROFFERED CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of Proffered Conditions of a tract of land containing 0.40 acres, more or less, lying at the southeast corner of the intersection of Peters Creek Road and Lewiston Street (Tax Map No. 6421133), further identified as 3509 Peters Creek Road, Roanoke, Virginia. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, JACK M. ALLARA, II and MARLA D. ALLARA, are the owners of land in the City of Roanoke containing 0.40 acres, more or less, situate at the southeast comer of Peters Creek Road and Lewiston Street (Tax Map No. 6421133), further identified as 3509 Peters Creek Road, Roanoke, Virginia, said tract being currently zoned Commercial C-1 Conditional. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the proffered conditions relating to said property be amended as hereinafter set out for the purpose of construction of a professional office building on the subject property. The Petitioners believe the amendment of proffers for said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable a parcel of land located at 3509 Peters Creek Road to be used for a professional office building. Attached as Exhibit "2" is a legal description of the subject property. Attached as Exhibit "3" are the names, addresses and tax numbers of the owners or owners 5TERHOUDT, FERGUSDN, NATT, AGEE & KIDD ATTORNEYS-AT-LAW RQANOK£, VIRGINIA 24D18-1699 of all lots or property immediately adjacent to immediately across a street or road fi:om the property to be rezoned. '- The Petitioners voluntarily admit the following proffers to be included as a part of the rezoning request: (a) That the property will be developed in substantial conformity with the Preliminary Plan for Proposed Professional Office Building, prepared by Lumsden Associates, under date of June 20, 2000, attached hereto as Exhibit4 and made a part hereof subject to any changes that may be required by the City during development plan review; Co) That the property will be developed in substantial conformity with the Front Elevation Plan dated June 21, 2000, attached hereto as Exhibit 5 and made a part of the Petition subject to such changes that may be required by the City during development plan review. WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. · Respectfully submitted this ~ 2. day of ?]"':5 "~ .pr ,2000. MARLA D. ALLARA 2 STERHOUDT, FERGUSDN, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 2401B-1699 Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. 1919-Electric Road, S.W., Suite 1 Roanoke, Virginia 24018 (540) 774-1197 (540) 774-0961 (facsimile) VSB #1104 I.... EXHIBIT ! The Roanoke Roanoke Virginia Affidavit of Publication The Roanoke '~ne.~:i' '~ ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01501633 Lewiston St. Lewiston Street State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _J_~_~,/~_day of September~, - -- - ,n- ---~-- ---~2000' witnems my hand and official seal.__~-~~~_~ , Notary Public My commission e.xpires _~__~_J_/ ~~__. PUBLISHED ON: 09/01 09/08 TOTAL COST: 163.17 NOllCE OF PUBLIC HEARING ' TO WHOM IT MAY CONCERN: Purmmat to the provisions of Art]~a ~11 of Ch~ 36.1, Code of the C#y of Roanoke 1979), as amended, the Co~n- hcid a Publk~ Hemtng on Man- 7:00 p.m., in the C~ateda at William Ruffner Middle School, located at 3601 Femdiff Ave- nue, N.Wo, on the .quast~on of accepted in Ordinance No. 29414, adopted Jonu~y 17, ~989, and subatltut]ng new Ttmt ce~Mn tract of land cun- toining 0.40-acres, more o~ nar of the Intersection of Peters Creek Road and Lewtston Street, located at 3509 Potato Creek Road, N.W., 6421133. A copy of ttds pn~m~al ia ave#* able for publtc inspeatlon in ttm 456, Municipal Building. All ~mties in interest may appear un the above data and be day of Auguat, 2000. (1501633) A~r i~ ed- Signature/ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, September 18, 2000, at 7:00 p.m., in the Cafeteria at William Ruffner Middle School, located at 3601 Ferncliff Avenue, N.W., on the question of repealing proffered conditions accepted in Ordinance No. 29414, adopted January 17, 1989, and substituting new proffered conditions, upon the following property: That certain tract of land containing 0.40-acres, more or less, lying at the southeast comer of the intersection of Peters Creek Road and Lewiston Street, located at 3509 Peters Creek Road, N.W., and bearing Official Tax No. 6421133. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 29thday of August ,2000. Mary F. Parker, City Clerk. H:hNOTICEhNAP-Allara-9-18-00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 7, 2000 File #51 Mr. and Mrs. Jack M. Allara, II Ms. Ruth Black Eades Shear Experience Melrose Baptist Church Mr. and Mrs. Gary L. Dean Ms. Patricia K. Whitley Elmer C. Hodge, Roanoke County Administrator Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, September 18, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Cafeteria at William Ruffner Middle School, located at 3601 Ferncliff Avenue, N. W., on the request of Jack M. Allara, II, and Maria D. Allara, to substitute new proffered conditions on a certain tract of land containing 0.40 acre, more or less, lying at the southeast corner of the intersection of Peters Creek Road and Lewiston Street, located at 3509 Peters Creek Road, N. W., designated as Official Tax No. 6421133; and to repeal the proffered conditions accepted in Ordinance No. 29414 adopted on January 17, 1989. The City Planning Commission is recommending approval of the abovedescribed request. Please call the City Clerk's Office at 853-2541 if you would like to receive a copy of the report. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk September 7, 2000 File #51 Stephanie M. Moon Deputy City Clerk Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Agee & Kidd, P.C. 1919 Electric Road, Suite One Roanoke, Virginia 24018-0007 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, September 18, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Cafeteria at VVilliam Ruffner Middle School, 3601 Ferncliff Avenue, N. W., on the request of Jack M. Allara, II, and Maria D. Allara, to substitute new proffered conditions on a certain tract of land containing 0.40 acre, more or less, lying at the southeast corner of the intersection of Peters Creek Road and Lewiston Street, located at 3509 Peters Creek Road, N. W., designated as Official Tax No. 6421133; and to repeal the proffered conditions accepted in Ordinance No. 29414 adopted on January 17, 1989. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 853-2344. It will be necessary for you, or your representative, to be present at the September 18 public hearing. Failure to appear could result in a deferral of the matter until a later date, MFP:sm. Sincerely, Mary F. Parker, CMC City Clerk Enclosure Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Roanoke City Council Regular Agenda Report September 18, 2000 Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Jack M. Allara, II and Maria D. Allara, represented by. Edward A. Natt, Esquire, that proffered conditions relating to property located at 3509 Peters Creek Road, N.W., Official Tax No. 6421133, be amended. Background: This tract was conditionally rezoned in 1989 from RS-1 to C-1 for the construction of a bank. The petitioner proffered "that the property would be developed in substantially conformity with the site plan prepared by Dickson Architects and Associates, P. C., under date of October 5, 1988, with such' revisions and amendments as may be required by the City of Roanoke dUring the site plan review process." The petitioner is requesting an amendment of the existing proffered conditions to repeal the existing proffer and proffer additional conditions. The petition and rezoning request was reviewed by the Planning Commission at its regular headng on August 17, 2000. Mr. Robert McNichol of 3333 Peters Creek Road spoke to the Planning Commission regarding his concerns about stormwater management and aesthetic design of the proposed dentist office. The petitioner verbally proffered additional conditions that the new structure would be constructed in substantial conformity with the submitted elevation drawing. Mr. Natt, on behalf of the petitioner, subsequently filed a First Amendment to Amendment of Proffered Conditions, dated August 22, 2000, with the following conditions: That the property will be developed in substantial conformity with the preliminary Plan for Proposed Professional Office Building, prepared by Lumsden Associates, under date of June 20, 2000, attached hereto as Exhibit 4 and made a part hereof subject to any changes that may be required by the City dudng development plan review. That the property will be developed in substantial conformity with the Front Elevation Plan dated June 21,2000, attached hereto as Exhibit 5 Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 6, 2000 File #51 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on August 25, 2000, from Edward A. Natt, Attorney, representing Jack M. Allara, II, and Maria D. Allara, transmitting a first amendment to Amendment of Proffered Conditions of a tract of land containing 0.40 acre, more or less, located at 3509 Peters Creek Road, N. W., identified as Official Tax No. 6421133, which was previously rezoned pursuant to Ordinance No. 29414 adopted on January 17, 1989. Mary F. Parker, CMC City Clerk MFP:sm Enclosure Melvin L. Hill September 6, 2000 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Agee and Kidd, P. O. Box 20068, Roanoke, Virginia 24018-0007 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner CHARLES H. OSTERHOUDT MICHAEL S. FERGUSON EDWARD A. NATT G. STEVEN AGEE MARK D. KIDD KRISTEN KONRAD JOHNSTONE OSTEKHOU DT, LAX%/ OFFICES ~[,!~ FERGUSON, ~, ,,.:AG£,E ,0, KIDD A P~OFESSIONAL CORPORATION I~1~ ELECTRIC ~OAD. gUITE I P. O. BOX 20068 ~ ~OANOKE. VIRGINIA 24018-0007 August 24, 2000 TELEPHONE 540-774-1197 FAX NO, 540-774-0961 Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Amendment of Proffered Conditions -- (Tax Map No. 6421133) 3509 Peters Creek Road, Roanoke, Virginia Jack M. Allara, II and Maria D. Allara Dear Mary: Enclosed please find First Amendment to Amendment of Proffered Conditions in the above matter relating to the Front Elevation Plan dated June 21, 2000. With best personal regards, I am Very truly yours, OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, iP.C. Edward A. Natt EAN/csb Enclosure pc: Mr. Steven J. Talevi Assistant City Attorney City of Roanoke 464 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Evelyn S. Lander, AICP Chief Roanoke City Planning Department Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Mr. Jack M. Allara, Jr. 4910 Valley View Blvd. Roanoke, VA 24012 OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAW RDANOKE, VIRGINIA 2401B-1699 FIRST AMENDMENT TO AMENDMENT OF PROFFERED CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of Proffered Conditions of a tract of land containing 0.40 acres, more or less, lying at the southeast corner of the intersection of Peters Creek Road and Lewiston Street (Tax Map No. 6421133), further identified as 3509 Peters Creek Road, Roanoke, Virginia. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, JACK M. ALLARA, II and MARLA D. ALLARA, are the owners of land in the City of Roanoke containing 0.40 acres, more or less, situate at the southeast comer of Peters Creek Road and Lewiston Street (Tax Map No. 6421133), further identified as 3509 Peters Creek Road, Roanoke, Virginia, said tract being currently zoned Cormnercial C-1 Conditional. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the proffered conditions relating to said property be amended as hereinafter set out for the purpose of construction of a professional office building on the subject property. The Petitioners believe the amendment of proffers for said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable a parcel of land located at 3509 Peters Creek Road to be used for a professional office building. Attached as Exhibit "2" is a legal description of the subject property. Attached as Exhibit "3" are the names, addresses and tax numbers of the owners or owners OSTERHOUDT, FERGUSDN, NATT, AGEE & KIDD ATTORNEYS-AT-LAW RDANDEE, VIRGINIA 2401B-1699 of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. The Petitioners voluntarily admit the following proffers to be included as a part of the rezoning request: (a) That the property will be developed in substantial conformity with the Preliminary Plan for Proposed Professional Office Building, prepared by Lumsden Associates, under date of June 20, 2000, attached hereto as Exhibit 4 and made a part hereof subject to any changes that may be required by the City during development plan review; (b) That the property will be developed in substantial conformity with the Front Elevation Plan dated June 21, 2000, attached hereto as Exhibit 5 and made a part of the Petition subject to such changes that may be required by the City during development plan review. WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. - Respectfully submitted this ~ ,2 day of /],.~ ~ ~c ,2000. ~//AC.,K/M. ALL~, II ~ MARLA D. ALLARA 2 OSTERHDUDT, FERGUSON, NATT, AGEE & KIDD ATTDRNEYS-AT-LAW ROANDKE, VIRGINIA 24018-]699 Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. 1919 Electric Road, S.W., Suite 1 Roanoke, Virginia 24018 (540) 774-1197 (540) 774-0961 (facsimile) VSB #1104 tabbies- PRONT BbBVATION JL~ 21. ?EX i:ii'¥ :7!.7 : ~'- NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: '00.~u.~l"ll ?.6 F) .~ '~' :40 The Roanoke City Planning Commission will hold a public hearing on Thursday, August 17, 2000, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Jack M. Allara, II and Marla D. Allara, represented by Edward A. Natt, Esquire, that proffered conditions relating to property located at 3509 Peters Creek Road, N.W., Official Tax No. 6421133, be amended. A copy of said application is available for review in the Department of Planning and Community Development, Room 166, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, August 1 and August 8, 2000 Please bill: Edward A. Natt, Esquire 1919 Electric Road, SW Roanoke, VA 24018 (540) 774-1197 Please send affidavit of publication to: Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC 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-I 145 July 10, 2000 File #51 SANDRA H. EAKIN Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.~-690(e) of the Cod~ of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on June 30, 2000, from Edward A. Natt, Attorney, representing Jack M. Allara, II, and Mada D. Allara, requesting Amendment of Proffered Conditions of a tract of land containing 0.40 acres, more or less, located at 3509 Peters Creek Road, identified as Official Tax No. 6421133. Sincerely, ary F. Parker, CMC City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Agee & Kidd, P. C., 1919 Electric Road, S. W., Suite 1, Roanoke, Virginia 24018 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner H :\REZO NIN G.g8~lewiston.wl:~l CHARLES H. OSTERHOUDT MICHAEL S. FER(3USON EDWARD A. NATT G. STEVEN A(3EE MARK D. KIDD I~RISTEN H;ONRAD JOHNSTONE OSTERHOUDT. LAW OFFICES FERGUSON. NATT. AGEE A PROFE$51ONAL CORPORATION 1919 ELECTRIC ROAD, SUITE I P. O. BOX 20068 R. OAN OKE. VI R. CIN IA 24018-0007 June 29, 2000 8 KIDD TELEPHONE 540-774-1197 FAX NO. 540-774'0961 Mary Parker, City Clerk City of Roanoke 456 Mtmicipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Jack M. AHara, II and Maria D. Allara 3509 Peters Creek Road (Tax Map No. 6421133) z Dear Mary: Enclosed please find an original and one copy of an Amendment of Proffered Conditions relating to the above property, together with our firm's check in the amount of $50.00 for the cost of filing. I am providing copies of these to the Planning Department, the City Attomey, as well as my clients. Thanking for your attention to this matter, I am Very truly yours, OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. Edward A. Natt EAN/csb Enclosure pc: Evelyn S. Lander, AICP Chief Roanoke City Planning Department Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 pc~ William M. Hackworth, Esq. City Attorney, City Of Roanoke Room 464, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Mr. and Mrs. Jack M. Allara, II 4910 Valley View Blvd. Roanoke, VA 24012 DSTERHOUDT, FERGUSDN, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-1699 AMENDMENT OF PROFFERED CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment of Proffered Conditions of a tract of land containing 0.40 acres, more or less, lying at the southeast corner of the intersection of Peters Creek Road and Lewiston Street (Tax Map No. 6421133), further identified as 3509 Peters Creek Road, Roanoke, Virginia. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, JACK M. ALLARA, II and MARLA D. ALLARAt, are the owners of land in the City of Roanoke containing 0.40 acres, more or less, situate at the southeast comer of Peters Creek Road and Lewiston Street (Tax Map No. 6421133), further identified as 3509 Peters Creek Road, Roanoke, Virginia, said tract being currently zoned Commercial C-1 Conditional. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the proffered conditions relating to said property be amended as hereinafter set out for the purpose of construction of a professional office building on the subject property. The Petitioners believe the amendment of proffers for said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable a parcel of land located at 3509 Peters Creek Road to be used for a professional office building. Attached as Exhibit "2" is a legal description of the subject property. Attached as Exhibit "3" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. 0STERHDUDT, F£RGUSDN, NATT, AGEE & KIDD ATTORNEYS-AT-LAW RDANDK£, VIRGINIA 24D18-1699 The Petitioners voluntarily admit the following proffers to be included as a part of the rezoning request: (a) That the property will be developed in substantial conformity with the Preliminary Plan for Proposed Professional Office Building, prepared by Lumsden Associates, under date of June 20, 2000, attached hereto as Exhibit 4 and made a part hereof subject to any changes that may be required by the City during development plan review; WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 2 ~} day of ~"'~/oO~_ ,2000. M. ALLARA, II MARLA D. ALLARA Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. 1919 Electric Road, S.W., Suite 1 Roanoke, Virginia 24018 (540) 774-1197 (540) 774-0961 (facsimile) VSB #1104 2 o~PoRATIObI CR££K EXHIBIT 2 BEGINNING at a point in the southerly side of Virginia State Highway Route No. 117 at point of curve at the S.E. comer of said highway and Lewiston Street; thence with the southerly side of Virginia State Highway Route No. 117, 30 feet southerly from and parallel with the centerline of same, N. 49 deg. 06' E. 87.24 feet to a point; thence with the west line of Lot 35'B being conveyed to Buster Weddle and wife by P. L. Poof and wife, S. 27 deg. 10' E. 201.0 feet to a point on the north line of Lot 34; thence with the North Line of Lot 34 as shown on map of Southview Addition, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3 at Page 59, S. 62 deg. 50' W. 100.0 feet to a point on the easterly side of Lewiston Street (50 feet wide); thence with the same N. 27 deg. 10' W. 160.86 feet to a point of curve; thence with a curved line to the right whose radius is 20.0 feet and whose tangent distance is 15.70 feet, an arc distance of 26.62 feet to the place of beginning, and being Lot 35-A, which comprises a westerly portion of Lot 35, Map of Southview Addition, and as shown on Plat made by C.B. Malcolm and Son, S.C.E., dated August 23, 1954; and Being the same property conveyed unto the grantors herein by deed dated September 13, 1999 and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia ADJOINING PROPERTY OWNER LISTING EXHIBIT 3 Address of Subject Property: Applicant's Name: 3509 Peters Creek Road Jack M. Allara, II and Mafia D. Allara ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number 6421132 6421134 CITY OF ROANOKE Owner's Name and Mailing Address Ruth Black Eades 4561 Lewiston Street, N.W. Roanoke, VA 24017 Shear Experience 2408 Horsepen Mountain Circle Roanoke, VA 24019 37-10-1-22 37-14-1-7 37-14-1-8 COUNTY OF ROANOKE Melrose Baptist Church 3520 Peters Creek Road Roanoke, VA 24019 Gary L. and Martha D. Dean 3328 Peters Creek Road Roanoke, VA 24019 Patricia Keith Whitley 3224 Peters Creek Road Roanoke, VA 24019 Roanoke County Board of Supervisors c/o Elmer C. Hodge, County Administrator 5204 Bernard Drive, SW Roanoke, VA 24018 G:\Users\CBaumgardner~ZONING'~Allara APO.doc 1 June 27, 2000 OWNER= TAX ~. LEM$STON STREET ,lACK ALLARA, 49t0 VALLEY ~E~t BL VD. ROANOKE, VA 2~1012 i~. 1 FOR PROPOSED PROFESSIONAL OFFICE BUILDINO SITUATED ON LLrlffiSTON STREET PREPARED FOR ,,JACK ALI_ARA, D,D. S. SCALE I"=¢0' DATE: JUNE 20, 2000 LUMBDEN A$8OCIATES, P.C. EN OINEERS-SUR V[YORS--. PLANNERS COMM. 2000-036 ITl PRONT BbBVATION JLINI~ 21, 20( MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 L'hurch ..\xcnuc. ~\t,.. Room 456 Roanoke. Virginia 24011-153,'~ l'clephonc: (540) 853-2541 Fax 154(i} 853-1145 E-mail: clerk, cLroanok¢.~ a tls N'I'I{Pltl XNIE M. MOON Dcput?, (-'it? (_lcrk REVISED November 6, 2000 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Agee & Kidd, P. C. P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: I am enclosing a copy of an invoice from the Roanoke Times, in the amount of $163.17~ The invoice is for two consecutive advertisements for a notice of public hearing amending proffered conditions on a certain tract of land containing 0.40-acres, more or less, lying at the southeast corner of the intersection of Peters Creek Road and Lewiston Street, located at 3509 Peters Creek Road, N. W.,Official Tax No. 6421133; and repealing proffered conditions accepted in Ordinance No. 29414 adopted on January 17, 1989. Please forward a check payable to the City of Roanoke for $163.17 to the undersigned. If you should have questions, please do not hesitate to contact me at 853-2541. Your assistance regarding this matter is greatly appreciated. With kindest regards, I am Sincerely, Stephanie M. Moon Deputy City Clerk Enclosure H:\Public Hearings O0~Advertisement Bill wpd The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 Lewiston St. 01501633 Lewiston Street State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _J_7~_day of September 2000. i4itness mY hand and official seal.__~~_~ ....... Notary Public co miss o e ir.s . PUBLISHED ON: 09/01 09/08 TOTAL COST: 163.17 NOTICE OF PUBLIC HEARING ' TO WHOM IT MAY CONCERN: ~ VII of ~ 36,f. (1979), M amm~WL 7:00 p.m~ in ~o Cat. mM mt kx:~od ,d. 3601 ~ accel)t~l lis Ordifl~ No. nM of t~ InteractiOn- M P~to~ Creek Rood led MARY F. PARKER, CMC Ci~ Cl~'k CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mnil: clerk@ci.roanoke.va.us STEPHANIE M. MOON ~ Cit~ Clerk October 4, 2000 File #51 C. Cooper Youell, IV, Attorney Gentry Locke Rakes and Moore P. O. Box 40013 Roanoke, Virginia 24022-0013 Dear Mr. Youell: I am enclosing copy of Ordinance No. 35071-100200 rezoning certain property located at 3806 Thirlane Road, N. W., Official Tax No. 6520105, from PA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000, also adopted by the Council on second reading on Monday, October 2, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Enclosure Mr. C. Cooper Youell, IV October 4, 2000 Page 2 pc: Robert C. Crawford, Jr., Manager, Crawford Development Company, LLC, 2217 Crystal Spring Avenue, S. W., Suite 201, Roanoke, Virginia 24014 Jesse C. & Silvia J. Ails, 3942 Thirlane Road, N. W, Roanoke, Virginia 24019 Clive E. & Betty A. Rice, 3906 Thidane Road, N. W., Roanoke, Virginia 24019 Kenneth Kayser, 1202 Corporate Circle, S. W., Roanoke, Virginia 24018 Calvin Powers, 2021 Lukens Ddve, N. W., Roanoke, Virginia 24012 Melvin L. Hill, Chairperson, City Planning Commission, 2545 Marr Street, N. W., #15F, Roanoke, Virginia 24012 Dadene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 2000. No. 35071-100200. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 652, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Azile S. DelPierre has made application to the Council of the City of' Roanoke to have the hereinafter described property rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, Crawford Development Co., L.L.C., purchased the property from Azile S. DelPierre on August 10, 2000, and has made application by a First Amended Petition to the Council of the City of Roanoke to have the hereinafter described property rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on September 18, 2000, after due and timely notice thereof as required by §36.1- 693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this recommendation made Council, after considering the aforesaid application, the to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that {}36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet No. 652 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain property located at 3806 Thirlane Road, N.W., and designated on Sheet No. 652 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6520105, be, and is hereby rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on September 1, 2000, and that Sheet No.652 of the Zone Map be changed in this respect. ATTEST: City Clerk. I'[:~.O R.13- R~O- Re~.C raw t'o~d [2}eveto~ment ( DelPie~'~)-9.18-00 Roanoke City Department of Planning and Code Enforcement Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Email: planning@ci.roanoke.va.us Roanoke City Council Regular Agenda Report September 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request from Azile S. DelPierre, represented by Robert C. Crawford, Jr., that property located at 3806 Thirlane Road, N.W., identified as Official Tax No. 6520105, be rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. Background: The petitioner owns approximately 3.5 acres at 3806 Thirlane Road, N.W. The property is zoned RA, Residential Agricultural District. Crawford Development Company, LLC, is currently negotiating with the petitioner to purchase the property for use as an office and industrial park, similar in use and character to the nearby Valley Pointe development. The petitioner anticipates that more than 50% of the development will be devoted to general and professional office use, with manufacturing uses accounting for less than 50% of the development. Under the City's LM zoning district regulations, the petitioner must seek a special exception from the Board of Zoning appeals in order to accommodate office space of 20,000 square feet or more on the same site. (This provision encourages protection of LM zoned land for industry.) Planning Commission public hearing was held on August 17, 2000. Mr. Cooper Youell, attorney for Messrs. DelPierre and Crawford, presented the rezoning request. There was no public comments or opposition to the request. Commission members discussed the architecture of the proposed building and landscaping along 1-581. The initial petition to rezone was amended at the Planning Commission public hearing on August 17, 2000. A first amended petition to rezone was subsequently filed on August 31,2000. The proffered conditions are: Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals The face of the first floor of the buildings constructed on the subject property will be built in substantial conformity with the elevations dated June 27, 2000, prepared by Rife + Wood, as shown on Exhibit A attached hereto. The sides of the buildings will be brick and the rear of each of the buildings will be either brick or painted split block matching the color of the brick. The subject property shall only be used for laboratories and testing facilities not accessory to a specific use including photographic laboratories, industrial testing facilities and similar uses; general storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises; establishments engaged in the wholesale distribution of goods; manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing or other processes related to the creation of new products and including as an accessory use, the retail sale fo goods manufactured on the premises, where such manufacturing, assembly, mixing, processing or other processes related to the creation of new products, and retail sales of goods manufactured on the premises, are wholly enclosed in a building; general service establishments primarily engaged in the repair or maintenance of goods or items including automobiles, trucks, construction equipment and the provision of business services provided all repair and maintenance activities are wholly enclosed in a building and provided that the gross floor area of all new buildings for such uses is not less than five thousand (5,000) square feet; or upon the granting of a special exception by the Roanoke City Board of Zoning Appeals, general and professional offices, including financial institutions provided the gross floor area of such use exceeds twenty thousand (20,000) square feet. Either two, three or four buildings shall be constructed on the subject property and they shall provide at least 40,000 square feet of usable, interior commercial or light manufacturing space. Permanent certificates of occupancy shall be issued for at least two of the buildings within five (5) years of the acceptance of these proffers by City Council. Upon completion of the construction of the first building on the subject property and before a certificate of occupancy, either temporary or permanent, is issued for that building, a buffer shall be planted and maintained on the subject property. The buffer shall be located on the southern boundary of the subject property, beginning approximately 125 feet from the southeast corner and running parallel with 1-581 for 300 feet, and shall consist of two parallel rows, five feet apart, of cypress trees at least 8' in height, within a 15' wide strip. The two rows shall be staggered so as to provide a maximum density screen of live trees. All planting shall be properly maintained and replaced as necessary. 2 Considerations: The petitioner proposes to develop the site with "flex space," a hybrid of office and manufacturing uses, the ratio and configuration of which will be determined by the tenant. The site is zoned RA, Residential Agricultural District, but has been identified by the Roanoke Vision Comprehensive Plan as a potential industrial site. The property is bounded by light manufacturing uses to the south and east, residential uses to the north, and 1-581 to the west. Nearby developments include a United Parcel Service distribution center, a Penske truck leasing facility, and Roanoke Regional Airport. Recommendation: The Planning Commission recommended approval of the rezoning request by a vote of 4- 0-2 (Messrs. Chrisman, Dowe, Manetta and Mrs. Duerk voting in favor, Messrs. Butler and Rife abstaining, and Mr. Hill absent). It is recommended that City Council approve the amended rezoning request, subject to the proffered conditions set forth in the First Amended Petition to Rezone dated August 31,2000. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission Attachments cc: Darlene Burcham, City Manager William Hackworth, City Attorney George Snead, Assistant City Manager for Community Development Petitioner CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 6, 2000 File #51 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: 8EP 0 7 2000 Cote Enfcrce .ent Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition received in the City Clerk's Office on September 1, 2000, from C. Cooper Youell, IV, Attorney, representing Crawford Development Co., L.L.C., requesting that a tract of land lying east of 1-581, located at 3806 Thirlane Road, N. W., identified as Official Tax No. 6520105, be rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Sincerely, 7~¢:t~,,,~- Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council C. Cooper Youell, IV, Attorney, Gentry Locke Rakes and Moore, P. O. Box 40013, Roanoke, Virginia 24022-0013 Robert C. Crawford, Jr., Manager, Crawford Development Company, LLC, 2217 Crystal Spring Avenue, S. W., Suite 201, Roanoke, Virginia 24014 H:\REZO NIN G.98~thirlane.wpd Melvin L. Hill September 6, 2000 Page 2 pc: Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator ~,,i~artha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner H:'~3,EZO NING.98\thidane.w13d FIRST AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: RE: Rezoning of a tract of land lying east of 1-581, 3806 Thirlane Road, Tax Map No. 6520105, from RA, Residential Agricultural District, to LM, Light Manufacturing District, such rezoning to be subject to certain conditions. Azile S. DelPierre, represented at the time by Robert C. Crawford, Jr. of Crawford Development Co., L.L.C., submitted a petition, dated July 6, 2000, to rezone that certain tract of land located in the City of Roanoke, containing 3.5 acres, more or less, designated as Tax Map No. 6520105 and commonly known as 3806 Thirl~e Road (the "Property"), from RA, Residential Agricultural District, to LM, Light manufacturing District, subject to certain proffered conditions. Crawford Development Co., L.L.C. purchased the Property from Mrs. DelPierre on August 10, 2000, and appeared, by counsel, before the Roanoke City Planning Commission on August 17, 2000 .to request the Planning Commission's recommendation of the rezoning petition. The Planning Commissian recommended approval of the rezoning to City Council, subject to the following proffers which amend and supersede those found in the initial application: The face of the first floor of the buildings constructed on the subject property will be built in substantial conformity with the elevations dated June 27, 2000, prepared by Rife + Wood, as shown on Exhibit A attached hereto. The sides of the buildings will be brick and the rear of each of the buildings will be either brick or painted split block matching the color of the brick. The subject property shall only be used for laboratories and testing facilities not accessory to a specific use including photographic laboratories, industrial testing facilities and similar uses; general storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises; establishments engaged in the wholesale distribution of goods; manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing or other processes related to the creation of new products and including as an accessory use, the retail sale of goods manufactured on the premises, where such manufacturing, assembly, mixing, processing or other processes related to the creation of new products, and retail sales of goods manufactured on the premises, are wholly enclosed in a building; general service establishments primarily engaged in the repair or maintenance of goods or items including automobiles, trucks, construction equipment and the provision of business services provided all repair and maintenance activities are wholly enclosed in a building and provided that the gross floor area of ail new buildings for such uses is not less than five thousand (5,000) square feet; or, upon the granting of a special exception by the Roanoke City. Board of Zoning Appeals, general and professional offices, including financial institutions provided the gross floor area of such use exceeds twenty thousand (20,000) square feet. Either two, three or four buildings shall be constructed on the subject property and they shall provide, at least 40,000 square feet of usable, interior commercial or light manufacturing space. Permanent certificates of occupancy shall be issued for at least two of the buildings within five (5) years of the acceptance of these proffers by City Council. { W:\lransact~ 18008\ I \00721289. DOC Vet:.2 Upon completion of the construction of the first building on the subject property and before a certificate of occupancy, either temporary or permanent, is issued for that building, a buffer shall be planted and maintained on the subject property. The buffer shall be located on the southern boundary of the subject property, beginning approximately 125 feet from the southeast corner and running parallel with 1-581 for 300 feet, and shall consist of two parallel rows, five feet apart, of cypress trees at least 8' in height, within a 15' wide strip. The two rows shall be staggered so as to provide a maximum density screen of live trees. All pla~ting shall be properly maintained and replaced as necessary. Wherefore Crawford Development Co., L.L.C. submits this First Amended Petition and requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ;5 t day of August, 2000. Respectfully submitted, CRAWFORD_DEVELOPMENT CO., L.L.C. BYs/ Robert C. Crawford, Jr. V ~ Its: Manager { W:\transact~ i 8008\1~0721289.DOC Vet:.2 } .~ ~ ~$ ,4~. (pS~.OlOl Proposed Rezoning fro~ ..RA to LM Conditional The Roanoke Roanoke, (i ~'i~gin!la~ Affidavit The Roan~PkeC~i~s ~- ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 Thirlane Rd. 01501645 3806 Thirlane Road State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __~_'~__day of September_ _ -- __ ~ _ _2000' ~itn~ss my hand and official seal.__~-~~_~_~ , Notary Public My commission expires __~__~ C~~. PUBLISHED ON: 09/01 09/08 TOTAL COST: 139.86 NOTICE OF PUBUC HEARING TO WWOM IT MAY CONCERN: Pursuant to b%e prodsJons of Code of t~e City of Roanoke (1979), as amem::k~, the Court- hold a Public Hemlr~ on Molt- 7:00 p.m., In the Cafeteria at k)cated at 3601 FemcJ~f AVe- nue, N.W., on the question of rezonini[ property from RA, That ~lzin pn~ty ~ at 3808 Thirtan~ Road, N.W., b~al'ins~ Offioia! ]*ax No. 6~2010~, subj~t to ~min profftu~d oonditlons. al~ for public ill~Xl~xxt in pa~tk~ in int~x~ may (1501645) FILED 0N.~) /~3~13~00 Afit,~or i~ed Szgnature ~/ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, September 18, 2000, at 7:00 p.m., in the Cafeteria at William Ruffner Middle School, located at 3601 FerncliffAvenue, N.W., on the question ofrezoning property from RA, Residential Agricultural District, to LM, Light Manufacturing District, the following property: That certain property located at 3806 Thirlane Road, N.W., bearing Official Tax No. 6520105, subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 28thday of August ,2000. Mary F. Parker, City Clerk. H:\NOTICE\N-Rez-DelPierre-9-18-00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 11, 2000 File #51 Stephanie M. Moon Deputy City Clerk C. Cooper Youell, IV, Attorney Gentry Locke Rakes and Moore P. O. Box 40013 Roanoke, Virginia 24022-0013 Dear Mr. Youell: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, September 18, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Cafeteria at William Ruffner Middle School, 3601 Ferncliff Avenue, N. W., on the request of Crawford Development Co., LLC, that certain property located at 3806 Thirlane Road, N. W., designated as Official Tax No. 6520105, be rezoned from PA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance, and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 853-2344. It will be-necessary for you, or your representative, to be present at the September 18 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk September 11, 2000 File #51 Stephanie M. Moon Deputy City Clerk Robert C. Crawford, Jr., Manager, Crawford Development Co., LLC Mr. and Mrs. Jesse C. ^lis Mr. and Mrs. Clive E. Rice Mr. Kenneth Kayser Mr. Calvin Powers BT New York UPS Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, September 18, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Cafeteria at William Ruffner Middle School, 3601 Ferncliff Avenue, N. W., on the request of Crawford Development Co., LLC, that certain property located at 3806 Thirlane Road, N. W., designated as Official Tax No. 6520105, be rezoned from PA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. The City Planning Commission is recommending approval of the abovedescribed request. Please call the City Clerk's Office at 853-2541 if you would like to receive a copy of the report. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. Sincerely, F~,~' Mary F P~ark CMC City Clerk MFP:sm CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC . City Clerk Stephanie M. Moon Deputy City Clerk September 6, 2000 File #51 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition received in the City Clerk's Office on September 1, 2000, from C. Cooper Youell, IV, Attorney, representing Crawford Development Co., L.L.C., requesting that a tract of land lying east of 1-581, located at 3806 Thirlane Road, N. W., identified as Official Tax No. 6520105, be rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Sincerely,/"~'~ ~ ~' Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council C. Cooper Youell, IV, Attorney, Gentry Locke Rakes and Moore, P. O. Box 40013, Roanoke, Virginia 24022-0013 Robert C. Crawford, Jr., Manager, Crawford Development Company, LLC, 2217 Crystal Spring Avenue, S. W., Suite 201, Roanoke, Virginia 24014 H:\REZONING.98\thidane.wpd Melvin L. Hill September 6, 2000 Page 2 pc: Willard N. claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner H:\REZON ING.98\thidane.wpd Attorneys at Law 540.983.9300 Facsimile 540.983.9400 GENTRY RAKES a M RE A Limited Liability Partners· O0 Direct Dial: (540) 983-9409 e-mail: cooper_youell @ gentrylocke.com 10 Franklin Road, S.E. Post Office Box 40013 Roanoke, Virginia 24022-00] 3 August31,2000 HAND DELIVERY Mary F. Parker Clerk City of Roanoke 215 Church Avenue, S.W. Roanoke, VA 24011 Re: First Amended Petition of Crawford Development Co., L.L.C. - Rezoning of a tract of land lying east of 1-581, 3806 Thirlane Road, Tax Map No. 6520105, from RA, Residential Agricultural District, to LM, Light Manufacturing District. Dear Ms. Parker: As discussed, please find enclosed the original First Amended Petition executed by Crawford Development Co., L.L.C. in connection with the above referenced rezoning. We ask that you deliver copies of the First Amended Petition to members of City Council or other such persons as is necessary. Thank you for your assistance in this matter. If you have any questions, please give me a call at 983-9409. Very truly yours, GENTRY LOCKE RAKES & MOORE C. Cooper Youell, IV CCY:slg Enclosures cc: Steve Talevi, Esq. (via hand delivery w/encl.) Neil Holthouser (via hand delivery w! encl.) Robert C. Crawford, Jr. (via facsimile w/encl.) G. Michael Pace, Jr., Esq. (w!o encl.) { W:\transact\18008\1\00722565.DOC } FIRST AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: RE: Rezoning of a tract of land lying east of 1-581, 3806 Thirlane Road, Tax Map No. 6520105, from RA, Residential Agricultural District, to LM, Light Manufacturing District, such rezoning to be subject to certain conditions. Azile S. DelPierre, represented at the time by Robert C. Crawford, Jr. of Crawford Development Co., EEC., submitted a petition, dated July 6, 2000, to rezone that certain tract of land located in the City of Roanoke, containing 3.5 acres, more or less, designated as Tax Map No. 6520105 and commonly known as 3806 Thirlane Road (the "Property"), from RA, Residential Agricultural District, to LM, Light manufacturing District, subject to certain proffered conditions. Crawford Development Co., L.L.C. purchased the Property from Mrs. DelPierre on August 10, 2000, and appeared, by counsel, before the Roanoke City Planning Commission on August 17, 2000 to request the Planning Commission's recommendation of the rezoning petition. The Planning Commission recommended approval of the rezoning to City Council, subject to the following proffers which amend and supersede those found in the initial application: The face of the first floor of the buildings constructed on the subject property will be built in substantial conformity with the elevations dated June 27, 2000, prepared by Rife + Wood, as shown on Exhibit A attached hereto. The sides of the buildings will be brick and the rear of each of the buildings will be either brick or painted split block matching the color of the brick. The subject property shall only be used for laboratories and testing facilities not accessory to a specific use including photographic laboratories, industrial testing facilities and similar uses; general storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises; establishments engaged in the wholesale distribution of goods; manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing or other processes related to the creation of new products and including as an accessory use, the retail sale of goods manufactured on the premises, where such manufacturing, assembly, mixing, processing or other processes related to the creation of new products, and retail sales of goods manufactured on the premises, are wholly enclosed in a building; general service establishments primarily engaged in the repair or maintenance of goods or items including automobiles, trucks, construction equipment and the provision of business services provided all repair and maintenance activities are wholly enclosed in a building and provided that the gross floor area of all new buildings for such uses is not less than five thousand (5,000) square feet; or, upon the granting of a special exception by the Roanoke City Board of Zoning Appeals, general and professional offices, including financial institutions provided the gross floor area of such use exceeds twenty thousand (20,000) square feet. Either two, three or four buildings shall be constructed on the subject property and they shall provide at least 40,000 square feet of usable, interior commercial or light manufacturing space. Permanent certificates of occupancy shall be issued for at least two of the buildings within five (5) years of the acceptance of these proffers by City Council. { W:\transact\ 18008\1 \00721289.DOC Vet:2} Upon completion of the construction of the first building on the subject property and before a certificate of occupancy, either temporary or permanent, is issued for that building, a buffer shall be planted and maintained on the subject property. The buffer shall be located on the southern boundary of the subject property, beginning approximately 125 feet from the southeast corner and running parallel with 1-581 for 300 feet, and shall consist of two parallel rows, five feet apart, of cypress trees at least 8' in height, within a 15' wide strip. The two rows shall be staggered so as to provide a maximum density screen of live trees. All planting shall be properly maintained and replaced as necessary. Wherefore Crawford Development Co., L.L.C. submits this First Amended Petition and requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 3 t day of August, 2000. Respectfully submitted, CRAWFORD DEVELOPMENT CO., L.L.C. By:~~9~C. Cra~w~fo~~_____.,~' Its: l~lanager { W:\transact\ 18008\ 1 \00721289.DOC Vet:2} NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CIT~'PL~ING',: i ':- COMMISSION TO WHOM IT MAY C.ONCERN: '00 ~][?~ 2(~ ? '3 ;40 The Roanoke City Planning Commission will hold a public hearing on Thursday, August 17, 2000, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Azile S. DelPierre, represented by Robert C. Crawford, Jr., that property located at 3806 Thirlane Road, N.W., identified as Official Tax No. 6520105, be rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Department of Planning and Community Development, Room 166, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, August 1 and August 8, 2000 Please bill: Robert C. Crawford,, Jr. Crawford Development Company 2217Crystal Spring Avenue, SW Suite 201 Roanoke, VA 20414 344-0444 Please send affidavit of publication to: Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY E PARKER, CMC 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-I 145 SANDRA H. EAKIN Deputy City Clerk July 10, 2000 File #51 Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on July 7, 2000, from Robert C. Crawford, Jr., representing Azile S. DelPierre, requesting that a tract of land lying east of 1-581, located at 3806 Thidane Road, N. W., identified as Official Tax No. 6520105, be rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC ~ City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Robert C. Crawford, Jr., Crawford Development Company, LLC, 2217 Crystal Spring Avenue, S. W., Suite 201, Roanoke, Virginia 24014 VVillard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner H :\REZO NING.98~thi~lane.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying east ofi-581, 3806 Thirlane Road, Tax Map No. 6520105, from RA, Residential Agricultural District, to LM, Light Manufacturing District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: The Petitioner, Azile S. DelPierre, represented by Robert C. Crawford, Jr., of Crawford Development Company, LLC, owns land in the City of Roanoke containing 3.5 acres, more or less, located at 3806 Thirlane Road, Tax Map No. 6520105. Said tract is currently zoned RA, Residential Agricultural District. A map of the property is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions set forth below, for the purpose of a business/industrial park. The Petitioner believes the rezoning of the said tract will further the intent and purposes of the City's Zoning Ordinance and its Comprehensive Plan, in that it will provide high-paying jobs and tax revenues while projecting a first-rate, professional appearance for those traveling on 1-581 and Thirlane Road. The Petitioner hereby proffers and agrees that if the said tract is rezoned, the rezoning will be subject to, and the Petitioner will abide by, the following conditions: The property will be developed in substantial conformity with the development plan prepared by Rife + Wood, Architects, dated June 27, 2000, a copy of which is attached as Exhibit B, and which is subject to any changes required by the City during development plan review. Of the uses permitted in the LM, Light Manufacturing District, the Petitioner proffers that only the following permitted uses may be included in the development: laboratories and testing facilities; general storage and warehousing establishments; establishments engaged in the wholesale distribution of goods; manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing, or other processes related to the creation of new products; and general service establishments primarily engaged in the repair or maintenance of goods. A minimum total of 20,000 square feet shall be devoted to general and professional office use, subject to the granting of a special exception by the Roanoke City Board of Zoning Appeals, as required by the Section 36.1-250 of the City Code for special exception uses in the LM, Light Manufacturing District. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediate across a street or road from the property to be rezoned. Wherefore the Petitioner requests that the above-described tract to be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 6th day of July, 2000. Respectfully submitted, By: Azile S. DelPierre 3806 Thirlane Road, N.W. Roanoke, V~irginia 24019 / v__ Robert C. Crawford, Jr// Crawford DevelopmenffCompany, LLC 2217 Crystal Spring Avenue, S.W., Suite 201 Roanoke, Virginia 24014 ' ~'"-- Rife + Wood THE OAKS AN INDUSTF'~IAL PI.,~NNED UNIT DEVP-LOP~ENT PHASE f 1055.6 X X wsl.e x / Rife + Wood THE OAKS AN INDU$'r~IAI. Fq_ANN~D UNIT U~ld al!~ pasodo, td ?/ _] LISTING OF ADJOINING PROPERTY OWNERS Official Tax No. 6520102 Name(s) Jesse C. & Silvia J. Ails Mailing Address 3942 Thirlane Rd Roanoke,VA 24019 652O104 Chve E. & Betty A. Rice 3906 Thirlane Rd. Roanoke,VA 24019 65201O6 Kenneth Kayser 1202 Corporate Circle Roanoke,VA 24018 6520101 Calvin Powers 2021 Lukens Dr. Roanoke,VA 24012 6520107 BT NEWYO LLC(UPS) MARY F. PXRKER. Citx Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church .\xcnuc. S.\\ . Rooln 45(', Roanoke. \'iq:inia 24011-1536 I'cl.ephone {540) 853-2541 Fax 154c)~ 853-t 145 Ii-mail dcrk,,ciroanokcxaus REVISED November 6, 2000 S, I'EPII:X\I[.. M. MOON Dcput? (.'it,. ( Icrk C. Cooper Youell, IV, Attorney Gentry Locke Rakes and Moore P. O. Box 40013 Roanoke, Virginia 24022-0013 Dear Mr. Youell: I am enclosing a copy of an invoice from the Roanoke Times, in the amount of $139.86. The invoice is for two consecutive advertisements a notice of public hearing to rezone certain property located at 3806 Thirlane Road, N. W., Official Tax No. 6520105, from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Please forward a check payable to the City of Roanoke for $139.86 to the undersigned. If you should have questions, please do not hesitate to contact me at 853-2541. Your assistance regarding this matter is greatly appreciated. With kindest regards, I am Sincerely, Deputy City Clerk Enclosure H:\Public Hearings O0~Advertisement Bill wpd The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................... ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 Thirlane Rd. 01501645 3806 Thirlane Road State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State. of Virginia. Sworn and subscribed before me this __~_/__~_ _day of Septemberj, -- ~ ~;J -,200q' Witne~r~ my hand and official seal. ~~_____~__~_~ .... , Notary Public My commission expires ...... PUBLISHED ON: 09/01 09/08 TOTAL COST: 139. 86 ............................ NO~ICE OF IqJ~JC ~ TO WHOM IT MAY CONCERfN, (1979), ii almended, the Cougt- d~, ~M~t~m~ 1~, 2000, ~t ~ M 3e01 ~ J'W- hue, N.W%, on ~ que~k~ ~ M~F. W, ~ MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mail: clerk~ci.manoke.va, us STEPHANIE M. MOON city Clerk October 4, 2000 File #514 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: I am enclosing copy of Ordinance No. 35073-100200 permanently vacating, discontinuing and closing a variable length and width portion of Shenandoah Avenue, N. W., extending in a westedy direction from Williamson Road. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000, also adopted by the Council on second reading on Monday, October 2, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. , City Clerk MFP:vbc Enclosure Mr. Melvin L. Hill October 4, 2000 Page 2 pc: Roanoke Foundation for Downtown, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 Norfolk & Western Railway Company, Attn: L. R. Clingenpeel, Manager, Real Estate, 110 Franklin Road, S. E., Roanoke, Virginia 24011 Darlene L. Burcham, City Manager VVillard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review, Coordinator Edward R. Tucker, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,' The 2nd day of 0¢tober, 2000. No. 35073-100200. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, the City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on September 18, 2000, after due and timely notice thereof as required by {}30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A variable length and width portion of Shenandoah Avenue, N.W., extending in a westerly direction from Williamson Road, N.W., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public fight-of-way of any such municipal installation or. other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the fight of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the land within the right-of-way of the described portion of Shenandoah Avenue, N.W., upon vacation, shall be conveyed to the Roanoke Foundation for Downtown, Inc., for the agreed sum of One Dollar ($1.00), and other good and valuable consideration. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by 3 the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. .. ATTEST: City Clerk. H:~ORD-CLOS\O-SC-Shen~tW~Iliamson-PH-9- [ ~00 Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Roanoke City Council Regular Agenda Report September 18, 2000 The Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of the City of Roanoke, to close, discontinue and permanently vacate a portion of Shenandoah Avenue N.W., as the same extends in a westerly direction from Williamson Road N.W. Background: The section of the public right-of-way of Shenandoah Avenue, N.W., being requested for closure and vacation extends along the front of the old Norfolk and Southern Railway passenger station located on the southwest corner of Shenandoah Avenue and Williamson Road, N.W. The public street right-of-way at this location is approximately 132' wide (standard right-of-way width for a street of this type is 66'). The applicant is requesting the closure and vacation of a portion of the excess right-of-way along the southerly side of Shenandoah Avenue, N.W. All of the properties abutting upon this section of Shenandoah Avenue, are owned by the applicant, the Roanoke Foundation for Downtown Inc., and the Norfolk and Southern Railway Company. Title to the land within a street right-of-way, upon vacation, generally reverts to, orvests in, the abutting property owners. The applicant requests that the closure be conditioned on the land being conveyed to the Roanoke Foundation for Downtown Inc. This application was reviewed by the Planning Commission at its regular meeting of August 17, 2000. No objection or opposition to the request was expressed by any person or persons in attendance at the meeting. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Considerations: A major objective of recent downtown plans has been to reshape, improve upon, and to create a distinct character and image of certain key elements. In a 1997 planning study, "Outlook Roanoke", these elements were identified as, The Market, The Rail District, The Financial District, The Courthouse District, The Warehouse District, and Uptown. The element defined as "The Rail District", encompasses an area centered around Shenandoah and Norfolk Avenues, extending from Fifth Street to Williamson Road N.W. The study recommends, among other things, the renovation of the former Norfolk and Western passenger station into a Visitors Center with related attractions. The passenger station is located within the Rail District. The closure and vacation of the described portion of Shenandoah Avenue, N.W., will facilitate the City's efforts to implement one of the objectives defined in this plan. It will encourage the reuse of the passenger station property by establishing a proper and more appropriate alignment of the abutting street right-of-way. This closure and vacation will have no adverse effect on existing traffic or any future traffic needs in the immediate area. Appropriate easements for any and all public utilities that may be located in the right-of- way, will be retained. A plat of survey/subdivision defining the area of closure and the adjusted boundary of the street right-of-way will also be required to be submitted and recorded, as a condition to the closure. Recommendation: The Planning Commission recommends by a vote of 4-0-1, (with Messrs. Butler and Hill absent and Mr. Manetta abstaining) that City Council approve the request to close and permanently vacate the described portion of Shenandoah Avenue N.W., subject to the following conditions: Ao The land within the right-of-way of the described portion of Shenandoah Avenue, N.W., upon vacation, shall be conveyed to the Roanoke Foundation for Downtown, Inc., for the agreed sum of one dollar ($1.00), and other good and valuable consideration. B° The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, along with the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, in said Clerk's Office, the applicant shall file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission ERT attachments cc: Assistant City Attorney '00 ,,u,'l z_, £,11:07 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA APPLICATION OF THE CITY OF ) ROANOKE FOR CLOSURE OF A ) PORTION OF SHENANDOAH ) AVENUE AT WILLIAMSON ) ROAD, NW ) APPLICATION FOR CLOSING A PUBLIC STREET TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have a portion of Shenandoah Avenue, NW, extending in a westerly direction from Williamson Road, NW, permanently closed pursuant to Sections 15.2-2006 and 15.2-2008, Code of Virginia, and Section 30-14, Code of the City of Roanoke (1979), both as amended. This portion of Shenandoah Avenue, NW, is more particularly described as follows: A variable length and width portion of Shenandoah Avenue which lies west of Williamson Road, NW, shown on Exhibit A. (2) All adjacent property is owned by Petitioner, the Roanoke Foundation for Downtown, Inc., and Norfolk & Western Railway Company. As a condition to closure, Petitioner intends to convey the vacated right-of-way to the Foundation for the agreed upon sum of $1.00, and other good and valuable consideration. Closure of this portion of right-of- way will have no adverse effect on any property or owner. (3) A list of the property owners whose lots border or abut the subject street is attached as Exhibit B. .. WHEREFORE, the City of Roanoke respectfully requests that the above-described street be permanently closed by the Council of the City of Roanoke in accordance with Sections 15.2-2006 and 15.2-2008, Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. Date: ~,,/~7 ~/O O Respectfully submitted, CITY OF ROANOKE, VIRGINIA Darlene L. Burcham City Manager 2 I:\WPDOCSXPlancom I.l~t WELLS Exhibit 5013501 VENUE 3013601 HOTEL ROANOKE 5015602 AVENUE 0 AREA TO BE CLOSED Exhibit "B" LIST OF ADJACENT PROPERTY OWNERS Owner Tax Number Roanoke Foundation for Downtown, Inc. 310 First Street, SW Roanoke, VA 24011 3013603 Norfolk & Western Railway Co. Attn: L. R. Clingenpeel Manager, Real Estate 110 Franklin Road, SE Roanoke, VA 24011 No Tax # (Tracks) o o. ~> o zo AREA CLOSURE / I ',,,4 / .Z .~ ' .'.,.ct '. ,,. . ~-~. ' .~ ..... - .~.,~..~, · ',L.~- ' ':. ~.. / ".:", . ?. .- ~'. ~o' - ~ ,::~. '~[~ REQUESTED FOR AND VAI~.,'AIIt.//N I " "~ ~= \ '..,.,\, .o,;-.ill ," I' -::':'" '1 · ~ ~ o MAP A I ! The Roanoke T~mes R o a n o k ~!~ i':V ! ~'gt n i a Affidavit of Publication ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01501615 Shenandoah Shenandoah Ave. NW State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _7_y~_day of September 2000. ~witne~Ds my hand and official seal.~__~_~~__ .... Notary Public My commission expires _~ ---~ ~. . PUBLISHED ON: 09/01 09/08 TOTAL COST: 139.86 Headng'On Monday, September at WRIiam Ruffner:~.-Milldle School, located at 3601 Femc- lift AV~lUe, N.W., on an apl)ii- lng public right-of-way: tim1 of Shenandoah Avenue, N.W., exmndlng .In 8 westerly dlre6tion from Wllllomson Road, N.W. ~1~1, ~or I~11¢ ~ In th~ 4~0, Munl~l~ml ButMI~. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand ttds 28~ .(~501616) FILED ON; ~-~9/13 / 00 A~ho f~i z ed' Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, September 18, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Cafeteria at William Ruffner Middle School, located at 3601 Ferncliff Avenue, N.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: A variable length and width portion of Shenandoah Avenue, N.W., extending in a westerly direction from Williamson Road, N.W. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 28th day of August ,2000. Mary F. Parker, City Clerk. H:~qOTICEX/q-SC-Shenandoah at Williamson-PH-9-18-00 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Ro~moke, Virginia 24011-1536 Telephone: (540) 853-6425 F~x: (540) 853-2027 E-mail: clerk@ci.roanoke.va, us STEPHANIE M. MOON D~uty City Cl~tk October 4, 2000 File #17-132 R. Michael Amyx, Executive Director Virginia Municipal League P. O. Box 12164 13 East Franklin Street Richmond, Virginia 23241 Dear Mr. Amyx: I am enclosing copy of Resolution No. 35092-100200 designating Vice-Mayor William H. Carder as Voting Delegate and Council Member Linda F. Wyatt as Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section to be held in Arlington, Virginia, on October 24, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 2, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Vice-Mayor William H. Carder Council Member Linda F. Wyatt Dadene L. Burcham, City Manager 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of October, 2000. No. 35092-100200. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. 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 Arlington, Virginia, on October 24, 2000, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, the Honorable William H. Carder Vice-Mayor, is hereby designated Voting Delegate, and the Honorable Linda F. Wyatt, Member of City Council, 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 2000 Annual Conference, Darlene L. Burcham, 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:/MEASURES/R-VMLVO.00 City Clerk. ATTACHMENT C NOTE: This form is to be returned by localities over 35,000 population. Please remm by October 13, 2000 to the VML. URBAN SECTION DELEGATES, ALTERNATIVES AND STAFF ASSISTANTS LOCALITY Roanoke. Virginia (PLEASE TYPE) INFORMATION SUPPLIED BY ~,-y TITLE CAW VOTING DELEGATE NAME Willtam H, C~Ider TITLE Vtcm-Maynr ADDRESS 215 Church Avenue- g- W.; Nna] C._ Tmylnr Muntei.nal Rutlding, Roanoke, Virgini 24011 TELEPHONE: BUSINESS (540) 345-8811HOME {540) 342-1704 ALTER]qATE VOTING DELEGATE NAME Linde F. Wyatt TITLE Member of City Council ADDRESS 215 Church Avenue~ $. W.~ Noel C. Taylor Municipal Building, Roanoke, Virginia 240.]21 TELEPHONE: BUSINESS -- HOME (540) 366-1420 STAFF ASSISTANT NAME Darlene L, Burgham TITLE City Manager ADDRESS 215 Church Avenue. S. W.. Noel C. Taylor ~m~e~pal Ru~ld~ng, Roanoke, Virginia 24011 TELEPHONE: BUSINESS (54o) 853-2333 HOME ATTACHMENT A CERTIFICATION OF VOTING DELEGATE AND ALTERNATE BUSINESS SESSION Virginia Municipal League Annual Conference Arlington County, Virginia Tuesday, October 24, 2000 Vot~g D~eg~e: Name William H. Cardar Title Vice-Mayor Loca~ty Roanoke~ VirKinia Altem~e Voting DMeg~e: Name Linda F. Wya~ T~le Membev of City Council Locality Roanpke. Virginia Ce~ified by: Name Mary F- Parkmr Return byOctober 13,2000 to: VirginiaMunicipal League P.O. Box 12164 Richmond, Virginia 23241 09/13/00 I~D 15:21 FAX 804 343 3758 ~002 W¥1 fl[¥[LLf.. F. WOODR'OW [-{ARRD ]Mr4~IIIIATE PRST PRE~,IDENT ~]ARTINSVILL[~ CIIY ~'"IAflAGEA Eart B. Revnott~ ]~ F. XECU'UYE DIR[I:IDR ~V~AGAZINE VIRGINIA TOWN ¢J CI1'¥ P,O. Box ~z~64 13 ~AST I~RAr4KLIN RICHMONI), VIRGINIA 804/049 F~x: 804/343 3758 E man: o-mailavml.org ~w. vml.org TO: FROM: DATE: RE: Key Official R. Michael Amyx, Executive Director September 12, 2000 Section Voting Procedures The city, town and urban sections of the Virginia Municipal League will meet during the Annual Conference at 10:30 a.m. on Tuesday, October 24, 2000. Each section will select a chairperson and a vice chairperson. The chairpersons will serve as members of the VML Executive Committee. Each locality has one vote in the city and town sections. The urban section uses a weighted voting procedure explained below. Any locality that is a regular member of the Virginia Municipal League and that has a population in excess of 35,000 is automatically a part of the urban section. Each locality has one vote per 100,000 population rounded to the nearest 100,000. The vote is considered as the expression of the majority of the council or board of supervisors of the locality. Population is based on the latest Center for Public Service figures as shown on the back of this page. The operating procedures of the urban section of the League require that each locality appoint an official delegate, delegate alternate and staff assistant to the urban section. The official delegate is the voting representative of their locality on matters decided by the urban section. Please designate these officials on Attachment C, which should be returned by October 13, 2000. The chief elective officer of your locality will be the voting member if Attachment C is not returned. SEP-15-2~0 15:55 834 34g 35~8 94~ P.02 09/13/00 WED 15:24 FAX 804 3758 VML ~003 URBAN SECTION VOTESPERMEMBER LOCALITY Alexandria Arlington Charlottesville Chesapeake Chesterfield Danville Fairfax County Hampton Henrico James City Lynchburg Newport News Norfolk Portsmouth Prince William Richmond Roanoke City Stafford County Suffolk Virginia Beach TOTALS POPULATION* 117,900 180,400 37,600 193,700 248,300 50,700 929,200 136,100 245,600 44,800 65,000 179,000 226,900 97,700 260,600 192,500 94,000 89,200 61,700 418,300 VOTES 1 2 1 2 2 1 9 1 2 1 1 2 2 1 3 2 1 1 1 4 41 *Center for Public Service, 1997 $EP-13-2OOO 15:34 99Z P. 03 CITY OF R O/INOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 10, 2000 File #5-11-137-411 Darlene L. Burcham City Manager Roanoke, Virginia William M. Hackworth City Attomey Roanoke, Virginia Dear Ms. Burcham and Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Monday, October 2, 2000, Council Member Wyatt commended the citizens of the Roanoke Valley on the way they responded to the tragic death of Mr. Danny Overstreet on Friday, September 22, 2000. She advised that at a recent meeting of the Legislative Committee, she requested that the City include legislation in the 2001 Legislative Program adding sexual orientation to those groups that are included in non-discrimination legislation policies and procedures. Additionally, she requested that the City Manager and the City Attorney review the City's policies and procedures to insure that the City is in compliance. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of October, 2000, RANDALL SCOTT was appointed as a member of the Roanoke Neighborhood Partnership Steering Committei~ to fill the unexpired term of Mark A. Harris, ending November 30, 2002. 2000. Given under my hand and the Seal of the City of Roanoke this fifth day of October, City Clerk COMMONWEALTH Of VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of October, 2000, MELVIN L. SANDERS, JR. was appointed as a member of the Board of Trustees, City of Roanoke Pension Plan, for a~ term ending June 30, 2002. 2000. Given under my hand and the Seal of the City of Roanoke this fifth day of October, City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 17, 2000 File #110-293 Elizabeth Neu Director, Economic Development Roanoke, Virginia Dear Ms. Neu: At a regular meeting of the Council of the City of Roanoke which was held on Monday, October 2, 2000, you were appointed as an ex-officio member of the Roanoke Valley Convention and Visitors Bureau Board of Directors. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. Mary F. Parker, CMC City Clerk MFP:vbc Enclosure pc~ David L. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, 114 Market Street, S. E., Roanoke, Virginia 24011 Stephanie M. Moon, Deputy City Clerk H:\councilOOXagenda\header.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 17, 2000 File #15-526 Elizabeth Neu Director, Economic Development Roanoke, Virginia Dear Ms. Neu' At a regular meeting of the Council of the City of Roanoke which was held on Monday, October 2, 2000, you were appointed as a City Representative to the First Virginia Regional Industrial Facility Authority, to fill the unexpired term of Phillip F. Sparks ending September 24, 2002. Attached you will find a Certificate of your appointment and an Oath of Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. Ms. Elizabeth Neu October 17, 2000 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a City Representative to the First Virginia Regional Industrial Facility Authority. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Gary L. Cutlip, Administrator, Bland County, P. O. Box 510, Bland, Virginia 24315 Chris McKlarney, 507 Wenonah Avenue, Pearisburg, Virginia 24134 Peter Huber, Acting Administrator, Pulaski County, 143 3r~ Street, N. W., Suite 1, Pulaski, Virginia 24301 R. Cellel Dalton, Administrator, Wythe County, 345 S. Fourth Street, Administration Building, Suite A, Wytheville, Virginia 24382-2598 Michele M. Cregger, Clerk of Council, Town of Christiansburg, 100 E. Main Street, Christiansburg, Virginia 24073 Linda M. McGIothin, Clerk of Council, Town of Narrows, 801 Westview Street, Narrows, Virginia 24124 Patricia Pendergrast, Town Clerk, Town of Pulaski, P. O. Box 660, Pulaski, Virginia 24301 Elizabeth N. Frank, Administrator, Craig County, P. O. Box 308, New Castle, Virginia 24127 Jeffrey D. Johnson, Administator/Clerk, Montgomery County, P. O. Box 6126, Christiansburg, Virginia 24068 Mary H. Allen, Clerk of Council, Roanoke County, P. O. Box 29800, Roanoke, Virginia 24018-0798 Roy I. Llyod, Jr., Clerk of Council, City of Radford, 619 Second Street, Radford, Virginia 24141 Forest G. Jones, Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153 William H. Parker, Interim Manager/Clerk, Town of Dublin, P. O. Box 1066, Dublin, Virginia 24084 Judy R. Harrell, Clerk of Council, Town of Pearisburg, 112 Tazewell Street, Pearisburg, Virginia 24134 Darlene L. Burcham, City Manager, Roanoke, Virginia COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of October, 2000, ELIZABETH NEU was appointed as a City Representative to the First Virginia Regional Industrial Facility Authority, to fill the unexpired term of Phillip F. Sparks ending September 24, 2002. Given under my hand and the Seal of the City of Roanoke this seventeenth day of October, 2000. City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 17, 2000 File #15-110-407 The Honorable William D. Bestpitch Council Member Roanoke, Virginia 24016 Dear Mr. Bestpitch: At a regular meeting of the Council of the City of Roanoke which was held on Monday, October 2, 2000, you were appointed as a member of the Roanoke Valley Area Metropolitan Planning Organization to fill the unexpired term of Evelyn S. Lander, resigned, ending June 30, 2002. Attached you will find a Certificate of your appointment and an Oath of Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. The Honorable William D. Bestpitch October 17, 2000 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member to the Roanoke Valley Area Metropolitan Planning Organization. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: J. Lee E. Osborne, Chair, Roanoke ValleyArea Metropolitan Planning Organization, 1401 Franklin Road, S. W., Roanoke, Virginia 24016 Wayne G. Strickland, Secretary, Roanoke Valley Area Metropolitan Planning Organization, 313 Luck Avenue, S. W., Roanoke, Virginia 24016 Stephanie M. Moon, Deputy City Clerk H:XcouncilOO\agenda\header.wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of October, 2000, WILLIAM D. BESTPITCH was appointed as a member of the Roanoke Valley Area Metropolitan Planning Organization, to fill the unexpired term of Evelyn S. Lander, resigned, ending June 30, 2002. Given under my hand and the Seal of the City of Roanoke this seventeenth day of October, 2000. City Clerk MARY F. PARKER, CMC city Cl~rk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON city Clttk October 6, 2000 File #200-424 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: At a regular meeting of the Council of the City of Roanoke which was held on Monday, October 2, 2000, the question of appointment of a Vision 2001 Comprehensive Plan Advisory Committee was referred back to the City Planning Commission for further review. It was requested that the proposed list of names be submitted to Council at its next regular meeting on Monday, October 16, 2000, at 3:00 p.m., to be held at the Governor's School Lecture Hall on the Patrick Henry High School Campus. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc pc: George C. Snead, Jr., Assistant City Manager for Community Development Evelyn S. Lander, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Roanoke City Department of Planning and Community Development ~.- ...... Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 ,,,.-.-~ ~ ,~ ~4fi0~,flt~3-2344 (Fax) 853-1230 Roanoke City Council Regular Council Agenda September 18, 2000 The Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Comprehensive Plan Advisory Committee Background: Over the past few months, City Council has authorized funding for, and has been briefed on, the City's development of a new Comprehensive Plan. Hutton Associates, Jinni Benson, and Hill Studio have been hired to assist the City with this important planning effort. As part of the planning program and the City's commitment to participatory government, an intensive citizen participation process has been developed by city staff and members of the Planning Commission's Long Range Planning Committee. During the next nine months, citizens will have the opportunity to participate in the development of the plan in many ways, including a Citizens' Advisory Committee, working Task Teams, and various public workshops. In addition, more detailed information on the plan, the process, and a public opinion survey will be widely distributed over the next few weeks. As the first step in this important planning project, the Planning Commission is recommending that thirty citizens, along with two Planning Commission members, be appointed by City Council to the Citizens' Advisory Committee. This Committee represents a broad diversity of persons in our community who have expressed an interest in serving on the Committee or on working Task Teams. In late July, information describing Vision 2001 was mailed to various citizens, businesses, civic organizations, and neighborhood groups. Interested persons were invited to participate in the project. Over 150 persons responded and expressed interest in working on the Committee and Task Teams addressing such specific issues as: housing and neighborhoods, economic development, quality of life (parks and recreation, environment, historic resources), infrastructure (transportation, utilities, technology), people (education, health, human services, libraries), public services (police, fire, emergency services, code enforcement, solid waste management), and city design. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals On August 28, 2000, the Planning Commission held a special meeting to review the applications received and make recommendations for the Citizens' Advisory Committee for formal appointment by City Council. The Commission's recommendations and the qualifications of these nominees are included as Attachment 1 to this report. Considerations: The Planning Commission placed special emphasis on recommending Advisory Committee members who were representative of a diversity of community interests, cultures, ages, gender, and neighborhoods. Working Task Team membership will be open to any citizen who wishes to participate. The Citizens' Advisory Committee also includes an executive committee comprised of the Chair, Vice-Chair, and Chairs of each of the working Task Teams which will serve an important role in that it will be heavily involved in development of issues and strategic planning for implementing future policies and programs. Any applicant who was not selected to serve on the Citizens' Advisory Committee will be asked to serve on a working Task Team. These working teams will include a Planning Commission member, planning staff, relevant city staff with expertise in that area, and any citizens who wish to participate. The first Vision 2001 city wide forum is scheduled for October 10, 2000, fi:om 7:00 p.m. to 9:30 p.m., at the Civic Center Exhibit Hall. The Planning Commission would like to schedule a work session with the Citizens' Advisory Committee and working Task Teams on October 14, 2.000. Recommendation: Planning Commission recommends that City Council appoint the thirty citizens and two Planning Commission members identified in Attachment 1 to the Vision 2001 Citizens' Advisory Committee. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission MLH:ESL:mpf attachment cc: Darlene Burcham, City Manager William Hackworth, City Attorney George C. Snead, Jr., Assistant City Manager for Community Development Evelyn S. Lander, Agent, Roanoke City Planning Commission ATTACHMENT 1 Vision 2001 Advisory Committee: Planning Commission Recommendation 4. 5. 6. 7. 8. 9, 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21 22. 23. 24. 25. 26. 27. 28. 29. 30. 32. Walter Rugaber (Chair) Brenda L. McDaniel (Vice-Chair) ~ (Housing and Neighborhoods Chair) Frederick M. Williams (Infrastructure Chair) ~ (Public Services Chair) Steve Lemon (Economic Development Chair) Paula L. Prince (People Chair) Talfourd H. Kemper, Jr.(Quality of Life Chair) Kevin A. Deck (City Design Chair) Matthew Kennel Dan Smith Tom Pettigrew Daniel E. Karnes Susan L. Willis Jeanne H. Pedigo Patrick N. Shaffner J. Lee E. Osborne Pearl Fu John P. Bradshaw, Jr David W. Davis III Beth Doughty James M. Turner, Jr Kevin Kays ~e Jeannette D.~ns Erin Garvin Mark McConnel Brian M. Shepard Richard Rife (Planning Commission Member) Robert Manetta (Planning Commission Member)