HomeMy WebLinkAboutCouncil Actions 06-07-99~tHTE
34307
ROANOKE CITY CO UNCIL
REGULAR SESSION
June 7, 1999
12:15p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order--Roll Call. All Present.
Joint meeting of Roanoke City Council and the Roanoke County Board of
Supervisors.
Recess and reconvene in the Commonwealth Building, Lobby, 210 Church
Avenue, S. W., City of Roanoke.
ROANOKE CITY COUNCIL
ROANOKE COUNTY BOARD OF SUPERVISORS
JOINT MEETING
Commonwealth Building
210 Church Avenue, S. W.
Lobby
Monday, June 7, 1999
AGENDA
WELCOME:
David A. Bowers, Mayor
Roanoke City Council
INVOCATION AND LUNCH
ROLL CALL:
Roanoke City Council
Roanoke County Board of Supervisors
OPENING REMARKS:
Mayor David A. Bowers
Chairman Bob L. Johnson
REQUESTS TO ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS:
2
DISCUSSION ITEMS:
1.
Discussion with regard to increased funding for tourism. (Mayor
Bowers)
2. Review of the Regional Stormwater Management Program. (George
Simpson, Roanoke County Assistant Director of Community Development)
3. Update on the joint Skateboard Park. (John Coates, Roanoke City
Manager of Parks and Recreation; Pete Ha,slip, Roanoke County Director
of Parks and Recreation)
4. Results of the Teen Center Survey. (Deborah Pitts, Roanoke County
Assistant Director of Recreation; Vic Garber, Roanoke City Superintendent
of Recreation)
5. Update on the joint 800 MHZ Radio System. (John Chambliss, Roanoke
County Assistant County Administrator; Chip Snead, Roanoke City Director
of Public Safety)
6. Report on the Regional Refuse Collection Proposal. (Don Meyers,
Roanoke County Assistant County Administrator)
7. Briefing on the Blue Ridge Parkway Orientation/Interpretation Center.
(Elmer C. Hodge, Roanoke County Administrator)
8. Discussion with regard to water conservation. (Council Member Hudson)
G. COMMENTS
1. Members of the Roanoke City Council
2. Members of the Roanoke County Board of Supervisors
At 1:50 p.m., the meeting was declared in recess until 2:00 p.m., in the City Council
Chamber, 215 Church Avenue, S. W., City of Roanoke.
3
ROANOKE CITY CO UNCIL
REGULAR SESSION
June 7, 1999
2:00p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order-- Roll Call. All Present.
The Invocation was delivered by The Reverend John L. Washington,
Pastor, Faith and Hope Church of God and Christ.
Presentation of Colors. Roanoke City Color Guard.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor David A. Bowers.
Welcome. Mayor Bowers.
4
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, June 10, 1999, at
7:00 p.m, and Saturday, June 12, 1999, at 4:00 p.m.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE
THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS,
REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE
THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE
SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS
WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM
LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S
OFFICE, ROOM 456, MUNICIPAL BUILDING, OR CALL 853-2541.
PRESENTATIONS:
A Proclamation declaring Monday, June 14, 1999, as National Flag Day.
File #3
0
CONSENT AGENDA
(Approved 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
5
C-1
Minutes of the regular meetings of Roanoke City Council held on
Monday, February 1, 1999; Tuesday, February 16, 1999; Monday, March 1,
1999; Monday, March 15, 1999, and the special meeting on Friday, March 19,
1999.
RECOMMENDED ACTION: Dispense with the reading thereof and approve
File #132 as recorded.
C-2
A communication from Mayor David A. Bowers requesting an Executive
Session to discuss vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Sectio.n 2.1-344 (A)(1), Code of
Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request to convene in Executive
File #132 Session.
C-3
C-4
A report of the Acting City Manager requesting an Executive Session to
discuss a matter relating to acquisition of real property for public purpose,
specifically property to be used for Railside Linear Park, Phase I, pursuant to
Section 2.1-344 (A)(3), Code of Virginia (1950), as amended.
Removed from Consent Agenda for discussion. (See page 8)
A report of the Acting City Manager requesting an Executive Session to
discuss the disposition of publicly held property, specifically property proposed
to be conveyed for economic development purposes, pursuant to Section 2.1-
344 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request to convene in Executive
File #450 Session.
C-5
A communication from Mayor David A. Bowers transmitting a
communication from the Honorable Richard C. Pattisall, Judge, Twenty-third
Judicial Circuit of Virginia, with regard to a report of the Board of Equalization
for the taxable year July 1, 1999 to June 30, 2000, inclusive.
RECOMMENDED ACTION: Receive and file.
File #79
C-6
C-7
C-8
A communication from E. Douglas Chittum tendering his resignation as
a member of the Board of Trustees, City of Roanoke Pension Plan.
RECOMMENDED ACTION: Accept the resignation and receive and file the
File #110-429 communication.
A report of the City Manager with regard to hosting annual conferences
of the Virginia Municipal League in the City of Roanoke in one or more years
between 2003 and 2007.
RECOMMENDED ACTION: Concur in recommendation.
File #17
Qualification of the following persons:
Sherman A. Holland as a member of the Youth Services Citizen
Board for a term ending May 31, 2002;
File #15-110-304
Evelyn S. Lander as a member of the Fifth Planning District
Commission for a term ending June 30, 2000; and
File #15-110-326
Mark A. Harris as a member of the Roanoke Neighborhood
Partnership Steering Committee to fill the unexpired term of
Ronald H. Miller, ending November 30, 1999.
File #15-110-488
RECOMMENDED ACTION: Receive and file.
7
REGULAR AGENDA
C-3
A report of the Acting City Manager requesting an Executive Session to
discuss a matter relating to acquisition of real property for public purpose,
specifically property to be used for Railside Linear Park, Phase I, pursuant to
Section 2.1-344 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request to convene in Executive
Session
Following the remarks of Mr. James D. Leonard, 1935 Hope Road, S. W.,
Council adopted a motion to convene in Executive Session. (7-0)
File #2-392
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
ao
Request to present the findings of a regional quality of life study, Vital
Signs: Community Indicators for the New Century Region. Terri Lynn
Comwell, Project Director, and Robert B. Manetta, Co-Chair,
Spokespersons. (5 minutes)
Received and filed.
File #23-395
4. PETITIONS AND COMMUNICATIONS:
A communication from the Roanoke City School Board requesting
adoption of a reimbursement resolution to update the original resolution
for improvements to Lucy Addison Middle School, in order to facilitate
the release of State Literary loan funds for the project.
Adopted Resolution No. 34307-060799. (7-0)
File #60-467
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
A report and presentation with regard to the Consumer Confidence
Report. (10 minutes)
Received and filed.
File #468
ITEMS RECOMMENDED FOR ACTION:
A report recommending contribution of funds, in the amount of
$11,250.00, to the History Museum and Historical Society of
Westem Virginia for completion of the "Ships and Shipmates" of
Roanoke Valley exhibit.
Concurred in recommendation.
File #427
A report with regard to reimbursements from the Commonwealth
of Virginia in association with the Personal Property Tax Relief
Act of 1998.
Adopted Ordinance No. 34308-060799. (7-0)
File #60-79
w
A report recommending transfer of funds in connection with the
1-73 study.
Adopted Ordinance No. 34309-060799. (7-0)
File #60-77-405
Se
A report recommending repeal of Chapter 14, Garbage and Refuse,
and enactment of new Chapter 14.1, Solid Waste Management, of
the Code of the City of Roanoke, (1979), as amended, to update
the regulation of solid waste collection, and amending the City's
Fee Compendium to establish fees in connection with the City's
Solid Waste Management Program.
Tabled until the regular meeting of Council on Monday, June
21, 1999, at 2:00 p.m.
File #24-144-289
o
A report recommending transfer of funds to cover refuse disposal
program requirements in Solid Waste Management for fiscal year
1998-99.
Adopted Ordinance No. 34310-060799. (7-0)
File #60-144
o
A report recommending appropriation of funds in connection with
environmental studies, legal services, consultant and expert fees
and related expenses at the City's Public Works Service Center.
Adopted Ordinance No. 34311-060799. (7-0)
File #60-183
A report recommending execution of a contract with Lumsden
Associates, P.C., for provision of professional services for the
Downtown North Development Project.
Adopted Ordinance No. 34312-060799. (7-0)
File #332-511
J
A report recommending execution of separate three-year
engineering contracts with Hayes, Seay, Mattern and Mattem, Inc.,
and Mattern and Craig, Inc., to provide for certain bridge,
overhead sign and parking garage inspection services.
Adopted Resolution No. 34313-060799. (7-0)
File #102-107-181
l0
10.
11.
A report recommending appropriation of funds from the Capital
Maintenance and Equipment Replacement Program to provide for
acquisition and installation of fire and security alarms for the Parks
and Recreation main office and recreation centers, and new
electrical wiring and related services for Washington Park and
Fallon Park pools.
Adopted Ordinance No. 34314-060799. (7-0)
File #60-67-256-472
A report recommending appropriation of funds as a result of an
audit of the Roanoke City Nursing Home by the State Department
of Medical Assistance Services.
12.
Withdrawn
A report recommending transfer of funds in connection with
workers' compensation claims for fiscal year 1998-99.
Adopted Ordinance No. 34315-060799. (7-0)
File #60-63
DJ
CITY ATTORNEY:
A report transmitting a measure to readopt and reenact the Code of
the City of Roanoke (1979), as amended.
Adopted Ordinance No. 34316-060799. (7-0)
File #24
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DIRECTOR OF FINANCE:
1. A financial report for the month of April, 1999.
Received and filed.
File #10
A report recommending authorization to advertise a list of real
estate which is delinquent for nonpayment of taxes, pursuant to
Section 58.1-3925, Code of Virginia (1950), as amended.
Adopted Resolution No. 34317-060799. (7-0)
File #1-2-140
o
A report recommending allocation of Internal Services Fund
charges to General Fund department budgets.
Adopted Ordinance No. 34318-060799. (7-0)
File #60-355
o
A report recommending allocation of employee fringe benefits to
General Fund departmental budget.
Adopted Ordinance No. 34319-060799. (7-0)
File #60-184
6. REPORTS OF COMMITTEES:
ae
A report of the Bid Committee recommending acceptance of the bid
submitted by H & S Construction Company, in the amount of
$71,040.00, for demolishing and reconstructing certain retaining walls in
the Downtown North area of the City. Council Member Carroll E.
Swain, Chairperson.
Adopted Ordinance No. 34320-060799. (7-0)
File #183-432
be
A report of the Water Resources Committee recommending execution of
an amendment to the Sublease Agreement between the Jefferson Center
Foundation and the City providing for one additional term of five years
for the rental of office space for the Office of Grants Compliance and
Office on Youth. Council Member Linda F. Wyatt, Chairperson.
Adopted Resolution No. 34321-060799. (7-0)
File #236-304-373-337-468
12
do
A report of the Water Resources Committee recommending execution of
a lease agreement with the Estate of James L. Trinkle, or its successor,
for use of office space at 120 West' Kirk Avenue, by the Occupational
Health Nurse for the Employee Medical Program. Council Member
Linda F. Wyatt, Chairperson.
Adopted Ordinance No. 34322-060799. (7-0)
File//202-373-468
A report of the Water Resources Committee transmitting copy of an
interim report of the Carvins Cove Comprehensive Land Use Committee
dated February 1, 1999, and concurring in the conclusion set forth in the
report. Council Member Linda F. Wyatt, Chairperson.
Received and filed.
File #67-468
A report of the Water Resources Committee recommending that Council
authorize advertisement of a public hearing, and lacking any comments
to the contrary, approve the conveyance of surplus City-owned property
located at Tenth Street and Loudon Avenue, N. W., designated as Official
Tax No. 2111321, to the Northwest Neighborhood Environmental
Organization, Inc. Council Member Linda F. Wyatt, Chairperson.
Concurred in recommendation.
File #2-468
A report of the Water Resources Committee recommending acquisition
of property located in the 400 block of Luck Avenue, S. W., designated
as Official Tax Nos. 1012408, 1012407 and a portion of Official Tax No.
1012406, for the Employee/Jefferson Center Parking Project; and
appropriation of funds in connection therewith. Council Member Linda
F. Wyatt, Chairperson.
Adopted Ordinance Nos. 34323-060799 and 34324-060799. (7-0)
File #2-20-184-337-468
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A report of the Water Resources Committee recommending approval of
the Water Conservation Plan dated May 17, 1999, and authorizing the
City Manager to take certain actions and provide for such rules and
regulations as may be necessary to implement, administer and enforce the
Water Conservation Plan. Council Member Linda F. Wyatt, Chairperson.
Adopted Ordinance Nos. 34325-060799 and 34326-060799. (7-0)
File #468
7. UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
a#
Ordinance No. 34298, on second reading, amending Chapter 6, Animals
and Fowl, of the Code of the City of Roanoke (1979), as amended, to
provide for certain revisions relating to the dog ordinance.
Adopted Ordinance No. 34298-060799 on second reading. (7-0)
File #24-54
Ordinance No. 34302, on second reading, authorizing acceptance of a
donation and conveyance of certain property identified by Roanoke City
Tax No. 2022611, located on McDowell Avenue, N. W., to the City fi.om
the Roanoke Redevelopment and Housing Authority for construction of
a new sign at the entranceway of Historic Gainsboro District, authorizing
preparation of the appropriate documents, upon certain terms and
conditions.
Ce
Tabled
Ordinance No. 34304, on second reading, rezoning property located at
1805 Orange Avenue, N. W., Official Tax No. 2321415, from C-2,
General Commercial District, to C-1, Office District.
Adopted Ordinance No. 34304-060799 on second reading. (7-0)
File 051
14
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Ordinance No. 34305, on second reading, rezoning a tract of land located
at 907 4th Street, S. E., Official Tax No. 4021001, from C-2, General
Commercial District, to LM, Light Manufacturing District, subject to
certain proffered conditions.
Adopted Ordinance No. 34305-060799 on second reading. (7-0)
File #51
Ordinance No. 34306, on second reading, permanently vacating,
discontinuing and closing certain portions of Norfolk Avenue, S. W.,
extending in an easterly direction from Second Street, S. W., lying
generally between Second Street, S. W., and Williamson Road, S. E., and
a portion of former Norfolk Avenue, S. W.
Adopted Ordinance No. 34306-060799 on second reading. (7-0)
File #514
f. A Resolution memorializing the late Walker R. Carter, Jr.
Adopted Resolution No. 34327-060799. (7-0)
File #367
g. A Resolution memorializing the late Dr. Maynard Herman Law.
Adopted Resolution No. 34328-060799. (7-0)
File #367
9. MOTIONS AND MISCELLANEOUS BUSINESS:
Re
Inquiries and/or comments by the Mayor and Members of City Council.
Adopted Resolution No. 34329-060799 urging the U. S.
Congress to support full funding of the Community
Development Block Grant (CDBG) Program in 2000, at least
at the Fiscal Year 1999 level of $4.750 billion, as an investment
in the future of America's communities. (7-0)
File #228-236
Adopted Resolution No. 34330-060799, urging the members of
the United States House Commerce Committee and the United
States House of Representatives to amend H.R. 10 to modernize
the Community Reinvestment Act (CRA) passed in 1977, in
order for the CRA to continue to be an important economic
development tool to increase home ownership and economic
development in low income urban and rural communities.
(7-0)
File #178-228-236-450
Council Member Hudson referred to complaints by citizens
who are unable to contact the City's Weed Control
Coordinator by telephone and inquired if telephone calls can
be forwarded to a City employee for response when the Weed
Control Coordinator is out of the office.
It was the consensus of Council that the request would be
referred to the Acting City Manager for appropriate response.
File #67
Council Member White requested a briefing with regard to
appointment by the Acting City Manager of an internal team
of City employees to work with the year 2000 national census
to ensure that every citizen of the City of Roanoke is counted
in the upcoming census.
File #184-185
bo
Council Member Swain expressed concern with regard to the
cleanliness of the City and reiterated previous remarks as to
the need for a public education campaign regarding the cost to
the taxpayers of Roanoke to remove litter from streets. He
suggested billboard advertising and soliciting
input/participation from students as to how to address the
problem. In regard to weed control/overgrown lots, he
suggested that the City explore the feasibility of using small
business contractors or inmates from the City jail to address
the problem.
The remarks were referred to the Acting City Manager for
appropriate response.
File #67-144
Vacancies on various authorities, boards, commissions and committees
appointed by Council. Council convened in Executive Session.
CERTIFICATION OF EXECUTIVE SESSION: (7-0)
10.
OTHER HEARING
MATTERS:
OF CITIZENS UPON PUBLIC
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A
TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING
REFERRAL TO THE CITY MANAGER WILL BE REFERRED,
WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY
AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Council convened in Executive Session to discuss agenda items C-3 and
C-4.
CERTIFICATION OF EXECUTIVE SESSION: (7-0)
Adopted Ordinance No. 34331-060799, affirming the intent of the Council
of the City of Roanoke to provide for acquisition of property rights needed
by the City for Railside Linear Park-Phase I; setting a certain limit on the
consideration to be offered by the City; providing for the City's acquisition
of such property rights by condemnation, under certain circumstances;
authorizing the City to make motion for the award of a right of entry on
any of the parcels for the purpose of commencing the project. (7-0)
File #2-392
Council unanimously adopted a motion to provide that it shall be the
procedure of Council to convene in Executive Session at agenda item 9b,
Vacancies on Various Authorities, Boards, Commissions and Committees
Appointed by Council, and prior to consideration of agenda item 10, Other
Hearing of Citizens, with any other requested Executive Session to be
convened immediately following agenda item 10; and RVTV-Channel 3
coverage of City Council meetings will conclude immediately following
completion of agenda item 9a, Inquiries and/or Comments by the Members
of Council.
File #132
CITY 0 F ROANOKE
Given under our hands and the Seal of the City of Roanoke this seventh day of June
nineteen hundred and ninety-nine.
VetlEREA&
WttE~,
by Act of Congress of the United States dated June 14, 1777, the first
official Flag of the United States was adopted; and
by Act of Congress dated August 3, 1949, June 14 of each year was
designated as "NA TIONAL FLAG DA Y; " and
~ttEREAS,
WttE~,
on December 8, 1982, the National Flag Day Foundation was
chartered to conduct educational programs and to encourage all
Americans to PA USE FOR THE PLEDGE OF ALLEGIANCE as part
of the celebration of National Flag Day throughout the nation; and
by Act of Congress, dated June 20, 1985, Public Law 99-54 was
passed to have the PA USE FOR THE PLEDGE OF ALLEGIANCE
as part of the celebration of National Flag Day throughout the
nation; and
Flag Day celebrates our nation's symbol of unity, a democracy in a
republic, and stands for our country's devotion to freedom to the rule
of all, and to equal rights for all.
NOVY, THEREFORE, I, David ,4. Bowers, Mayor of the City of Roanoke,
Virginia, urge all citizens to pause at 7:00 p.m. EDT on June 14, 1999, for
the Twentieth Annual National PAUSE FOR THE PLEDGE OF
ALLEGIANCE to the Flag of the United States of America, and do hereby
proclaim Monday, June 14, 1999, throughout this great All-America City as,
NATIONAL FLAG DA E
Mary F Parker
City Clerk
David A. Bowers
Mayor
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
February 1, 1999
11:30 a.m.
The Council of the City of Roanoke met in regular session on Monday,
February 1, 1999, at 11:30 a.m., in the Emergency Operations Center Conference
Room, Room 159, Municipal Building South, 215 Church Avenue, S. W., City of
Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular
Meetin~ls, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
· as amended, and pursuant to Resolution No. 34147-011999, adopted on Tuesday,
January 19, 1999.
PRESENT: Council Members Carroll E. Swain, James O. Trout, William White,
Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor David A.
Bowers ......................................................................................................... 7.
ABSENT: None ...................................................................................... 0.
(Council Member White entered the meeting at 12:35 p.m.)
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Vice-Mayor Harris.
PARKS AND RECREATION-ARMORY/STADIUM: John W. Coates, Manager,
Department of Parks and Recreation, staff of the Parks and Recreation Department,
and member of the Citizens Advisory Committee, presented findings of the data
gathering phase of the Roanoke City Comprehensive Parks and Recreation Master
Plan planning process.
Mr. Coates advised that the Citizens Advisory Committee and City staff will
move to the analysis and recommendation portion of the plan by the end of February
1999, and the purpose in bringing preliminary findings to Council is three-fold: (1)
to inform Council of the results of the various studies conducted and the public
forums which have been held; (2) to present Council with a preliminary indication
of the major issues, keeping in mind that the list of issues presented today may
change as Parks and Recreation staff and members of the Citizens Advisory
Committee work together over the next month finalizing the data gathering phase;
and (3) to receive comments from Council regarding findings and issues.
Dinah Ferrance, Project Assistant, presented an update on process review and
status; and Freddie Monk, representing the Citizens Advisory Committee, presented
information on the Citizens Advisory Committee/Community involvement.
Leon Younger, representing Leon Younger and PROS, presented information
on demographics, feasibility assessment, program analysis, locality benchmark
analysis, citizen focus groups, staff focus groups and telephone survey.
(See pages 3 - 17 of a work book entitled, "Steaming Ahead into the 21st Century"
on file in the City Clerk's Office.)
Ms. Ferrance presented information on the citizen workshop analysis.
(See pages 17 and 18 of the work book.)
Lisa Soltis, Marketing Coordinator, presented the parks inventory and analysis
and the public works analysis.
(See pages 19 - 27 of the work book.)
Wayne Strickland, Executive Director, Fifth Planning District Commission,
presented the transportation analysis.
(See pages 28 and 29 of the work book.)
Johnny Pompey, Recreation Coordinator, presented the programming
benchmark analysis.
(See pages 30 and 31 of the work book.)
Melida McKee, Recreation Coordinator, presented the program/facility overlay.
(See pages 32 and 33 of the work book.)
Beverly T. Fitzpatrick, Jr., Chair, and Elizabeth Poff, Vice-Chair, Citizens
Advisory Committee, presented a preliminary list of key issues as determined by
input from citizens, staff and technical analysis.
(See page 34 of the work book.)
Mr. Herbert and Mr. Coates led Council in an appreciative inquiry exercise in
which Council Members were requested to respond to the following questions:
2
What do you think about the findings?
"Appear to be valid/good data - where are the dollars"
"Impressed with the high percentage who liked parks and recognize the
number who want improvements"
"Need to take a good look at organization structure/what once was important
may not be true today (trying to do too much)"
"Surprised at how much of the parks and recreation budget goes to public
works activities"
"Low per centage of user fee"
"Small percentage of hours that parks and recreation centers operate"
What do you think about the key issues?
"Safety issues need to be considered"
"Qualify after school programs that are not just sports programs -- think of
schools as part of the recreation activities"
"Have the right issues"
"Churches can be partners like schools"
"Partnerships with schools need to look at indoor swimming pools"
"Victory Stadium - new options"
"Opposed to any kind of parking on Mill Mountain"
What other issues do we need to study?
"More outdoor activities for the elderly/look to schools"
There was not sufficient time to complete the third question; whereupon, the
City Manager advised that City staff would continue to address the matter with
individual members of Council.
3
COUNCIL-CITY ATTORNEY: A report of the City Attorney requesting that
council convene in Executive Session to discuss a personnel matter, specifically the
resignation of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City Attorney to
convene in Executive Session to discuss a personnel matter, specifically the
resignation of a specific public officer, pursuant to Section 2.1-344 (A)(I), Code of
Virginia (1950), as amended. The motion was seconded by Ms. Wyatt and adopted
by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris, and
Mayor Bowers ............................................................................................... 6.
NAYS: None ......................................................................................... 0.
(Council Member Hudson was out of the Conference Room.)
At 1:40 p.m., the Mayor declared the meeting in recess.
At 1:55 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Municipal Building South, with Mayor Bowers
presiding and all Members of the Council in attendance.
ACTION:
COUNCIL: With respect to the Executive Session just concluded, Mr. Harris
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Executive
Session was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and
Mayor Bowers ............................................................................................... 7.
NAYS: None ......................................................................................... 0.
At 1:57 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
4
At 2:00 p.m., on Monday, February 1, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members Carroll E. Swain, James O. Trout, William White,
Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor David A.
Bowers .......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Todd
Meyer, Pastor, Act 2 Ministry.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to one request for an Executive Session to
discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by the
Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
5
ACTION:
ACTION:
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication
from Ronald H. Miller tendering his resignation as a member of the
Roanoke Neighborhood Partnership Steering Committee, effective
February 26, 1999, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council accept the resignation and receive
and file the communication. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
HUMAN DEVELOPMENT-ZONING-COMMUNITY PLANNING-
ROANOKE NEIGHBORHOOD PARTNERSHIP-HUMAN DEVELOPMENT
COMMITTEE-YOUTH-OATHS OF OFFICE-COMMITTEES: The following
reports of qualification were before Council:
Courtney A. Penn as a member of the Advisory Board of
Human Development for a term ending November 30,
2001;
Benjamin S. Motley as a member of the Board of Zoning
Appeals for a term ending December 31, 2001;
D. Kent Chrisman and Melvin L. Hill as members of the
City Planning Commission for terms ending December 21,
2OO2;
6
ACTION:
Charles W. Hancock for a term ending November 30, 1999,
and George M. McMillan, Richard J. Nichols and Mark E.
Petersen for terms ending November 30, 2001, as
members of the Roanoke Neighborhood Partnership
Steering Committee;
Frank W. Feather and Katherine M. McCain as members of
the Human Services Committee for terms ending June 30,
1999; and
Jonathan Katz as a member of the Youth Services Citizen
Board for a term ending May 31, 2001.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: A request of Dr. E. Wayne Harris, Superintendent,
Roanoke City Public Schools, to present a briefing with regard to the
"Character Counts" instructional program was deferred until a later
date.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
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HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
written report advising that from 1981 to 1993, the Roanoke
Redevelopment and Housing Authority issued mortgage revenue bonds
to expand available funding for housing rehabilitation; and bonds were
originally purchased by a consortium of banks, with the proceeds used
to provide loans to eligible residents in the City's Conservation and
Redevelopment Areas and Rehabilitation Districts for rehabilitation of
single-family, owner-occupied housing.
It was further advised that Community Development Block Grant
funds (CDBG) provided security for each bond issue, along with the
value of the properties mortgaged; CDBG funds established a debt
service and loan loss reserve for each bond issue; CDBG reserve
balances no longer needed as security are returned to the City under
provisions of the Roanoke Redevelopment and Housing Authority's
past and current CDBG subgrantee agreements; of $580,250.00 in
CDBG funds provided, $95,131.00 remains in the reserve; and the
Roanoke Redevelopment and Housing Authority has returned a total of
$446,944.00 to the City, with $38,175.00 having been expended to cover
delinquencies and defaults.
It was explained that management of the mortgage portfolio has
become burdensome due to the necessities of responding to a
consortium of bondholders; the Roanoke Redevelopment and Housing
Authority (RRHA) would like to buy out the bonds and has been
negotiating a loan with another bank for this purpose; upon final
settlement of the loan, management of the mortgage portfolio would
involve only the Housing Authority and one bank, eliminating the
complexities created by the consortium structure and improving
customer service; an additional $500,000.00 line of credit will also be
provided by the bank for more home rehabilitation loans, leveraging the
City's CDBG and HOME Investment Partnerships (HOME) funds
subgranted to the Housing Authority; the Housing Authority is seeking
approval to retain the current $95,131.00 CDBG reserve balance; these
funds would make up part of the debt service and loan loss reserve
required by the bank to secure the additional line of credit and
financing for the bond buy-out; and a total reserve of $145,000.00 is
required, with mortgage payments over the next two years providing
the remaining needed reserve funds.
The City Manager recommended that he be authorized to execute
Amendment No. 2 to the 1998-99 CDBG Subgrantee Agreement with the
Roanoke Redevelopment and Housing Authority to be approved as to
form by the City Attorney.
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(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34158-020199) A RESOLUTION authorizing execution of
Amendment No. 2 to the 1998-99 CDBG Subgrantee Agreement with the
Roanoke Redevelopment & Housing Authority, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 61, page 362.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34158-020199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ O.
BUDGET-CITY EMPLOYEES-COMMUNITY PLANNING: The City
Manager submitted a written report advising that Roanoke Vision, the
City's Comprehensive Development Plan 1985 -2005, adopted in 1988,
recommended that neighborhood plans be completed for each of the
City's neighborhoods in order to provide detailed information on land
use, zoning, neighborhood development, public services and other
issues; because of other work priorities and limited staff devoted to
planning, only four Neighborhood Plans have been completed
including South Roanoke, Greater Deyerle, Hershberger Hills and
Melrose Rugby neighborhoods; and neighborhood plans that have
been completed are used to assist City officials in making decisions on
projects and development applications that affect neighborhoods.
It was further advised that the current need for neighborhood
plans have become critical; land use in many of the City's
neighborhoods conflicts with overlying zoning and encourages
undesirable or incompatible development; neighborhood planning is
necessary to establish a clear, future direction and to formulate a
comprehensive approach to zoning changes, future land use, and
needed public services and facilities; Raleigh Court is an example of a
neighborhood which started planning on its own in 1994 to address
multi-family zoning issues in the neighborhood; in July 1998,
neighborhood leaders worked with City Planning staff and the Planning
9
ACTION:
Commission to identify an initial area for zoning changes from multi-
family to single-family; a comprehensive neighborhood plan has not
been prepared; however, a plan is needed to analyze proposed zoning
changes and to address other neighborhood issues; similar land use
and zoning issues are shared by other City neighborhoods, making the
resolution of problems in Raleigh Court a precedent for addressing
issues in other neighborhoods; and in November, 1998, Roanoke
Renaissance recommended preparation of neighborhood plans (four
a year) as a strategy for revitalizing Roanoke's inner City
neighborhoods and addressing significant urban problems facing the
community.
The City Manager recommended that Council approve a request
for funding for additional personnel in the Department of Community
Planning to address Neighborhood Plans, and authorize the transfer of
$35,942.00 from Contingency Account No. 001-002-9410-2199 to the
following accounts:
001-052-8110-1002
001-052-8110-1105
001-052-8110-1120
001-052-8110-2010
Regular Employee Salaries $21,442.00
Retirement 2,515.00
FICA 1,985.00
Fees for Professional Services $10.000.00
$35,942.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34159-020199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 362.)
Mr. Trout moved the adoption of Ordinance No. 34159-020199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
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In view of the fact that preparation of Neighborhood Plans is a
voluminous and difficult task, Council Member Swain suggested that
the services of the Fifth Planning District Commission be enlisted, if
feasible.
TRAFFIC-BUDGET-STATE HIGHWAYS-VALLEY VIEW MALL: The
City Manager submitted a written report advising that 1-581 Interchange
improvements at Valley View Boulevard were endorsed by Council on
March 18, 1996; the Federal Highway Administration notified the City on
August 23, 1996, of its approval of the new interchange access; Council
approved an agreement with the Virginia Department of Transportation
(VDOT) for project construction bidding and administration on
December 16, 1996, pursuant to Resolution No. 33205-121696; the City
is required to be responsible for 100 per cent of all project costs; and
Council officially notified VDOT of its approval of the Iow bid submitted
to VDOT by Allegheny Construction Co., Inc., in the amount of
$3,964,813.90.
It was further advised that change orders to VDOT's construction
contract with Allegheny Construction Co., Inc., in excess of $25,000.00,
require Council's approval; a change order was recently forwarded to
the City from VDOT, in the amount of $45,688.00; VDOT indicates that
this change order is needed to make payment to the contractor for a
delay in the contractor's ability to begin construction of the bridge over
1-581, which is due to a 36-day delay in receipt of approved
construction plans; $45,688.00 was established by VDOT as the
monetary value for the 36-day delay due to changes in timing of the
work; changes in timing caused the contractor to alter his scheduled
use of manpower and equipment, resulting in higher costs; the total of
all change orders to date, including this change order, is $296,307.10,
which is 7.5 per cent of the original contract amount; and funding is
available in 1-581 Interchange Account No. 008-052-9545-9001, due to
contingency funding for the project.
The City Manager recommended that he be authorized to execute
a VDOT change order with Allegheny Construction Co., Inc., in the
amount of $45,688.00 and 36 additional calendar days.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
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ACTION:
(#34160-020199) AN ORDINANCE authorizing the City Manager
to execute a Change Order on behalf of the City to the contract between
the Virginia Department of Transportation and Allegheny Construction
Co., Inc., for the 1-581 Interchange improvements at Valley View
Boulevard; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 363.)
Mr. Trout moved the adoption of Ordinance No. 34160-020199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
BUDGET-CMERP-EQUIPMENT: The City Manager submitted a
written report advising that the Capital Maintenance and Equipment
Replacement Program for General Fund Accounts and Prior Year
Retained Earnings for Internal Service Accounts has identified various
operational needs for four City Departments, which include Building
Inspections, Traffic Engineering, Engineering and Civic Center; and it
is necessary for Council to appropriate funds from Capital Maintenance
and Equipment Replacement Programs and Prior Year Retained
Earnings to provide for acquisition of the following items:
Building Inspections
Customer Service/Process Improvement
$ 32,500.00
Traffic Engineering
Emergency Vehicle Traffic Signal Preemption
Program (Opticom) $200,000.00
Funds designated in the Current Year Capital Maintenance and
Equipment Replacement Program:
Engineering
Market Building Roof Repair
$ 36,500.00
Funds designated in the Prior Year Retained Earnings Account:
Civic Center
Modification and updating of Concession
Stands
$107,000.00
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The City Manager recommended that Council appropriate
$376,000.00, as follows:
$32,500.00 from General Fund Prior Year Capital
Maintenance and Equipment Replacement Program to
Capital Projects Fund Account No. 008-052-9556-9003.
$200,000.00 from General Fund Prior Year Capital
Maintenance and Equipment Replacement Program to
Capital Projects Fund Account No. 008-052-9569-9003.
$36,500.00 from General Fund Current Year Capital
Maintenance and Equipment Replacement Program to
Capital Projects Fund Account No. 008-052-9699-9003.
$107,000.00 from Prior Year Retained Earnings to Civic
Center Account No. 005-056-2109-9015.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#34161-020199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General, Capital Projects and Civic Center Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 364.)
ACTION:
Mr. White moved the adoption of Ordinance No. 34161-020199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
POLICE DEPARTMENT-ANIMALS/INSECTS: The City Manager
submitted a written report advising that the Roanoke Valley SPCA has
provided facilities and animal impounding services for the City under
a contractual agreement since 1979; in January 1994, Council approved
the City of Roanoke entering into a contractual agreement with
Roanoke Valley SPCA for animal impounding facilities and services
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with the right to renew the agreement annually thereafter; and in
August 1996, Council approved as impoundment boarding fee per
animal per day of $7.75 to be paid to the Roanoke Valley SPCA for
domestic animals.
It was further advised that the Roanoke Valley SPCA has notified
the City of Roanoke and all other jurisdictions they provide
impoundment services for that the SPCA intends to build a new facility
and the SPCA intends to terminate its relationship (contracts) with the
City of Roanoke and other municipalities by approximately the spring
season of the year 2000; and the Roanoke Valley SPCA has requested
modifications to the current contract with all jurisdictions, as follows:
Increase the impoundment boarding fee from $7.75 per
day per animal to $8.75 per day per animal.
Compensate the SPCA for all stray animals brought to the
SPCA by citizens of that jurisdiction. This is a new cost to
the City. The City currently compensates the SPCA for
animals taken to the facility by its Animal Control officers.
It was explained that in fiscal year 1999, the Animal Control
budget provides for $100,000.00 to compensate the SPCA for
contractual animal impoundment services (paid monthly based on the
number of animals impounded); boarding fees charged to citizens by
the City should be increased from $7.75 to $8.75 to reflect the actual
cost of impounding an animal if the fee paid to the SPCA is increased;
animal pickup fees (fee charged animal owners) should be increased
to more accurately reflect Animal Control operating costs and to be
consistent with surrounding jurisdictions; and a Regional Committee
is working to determine the most efficient and effective regional
solution to the long term issues of providing animal impounding
facilities and services.
The City Manager recommended that he be authorized to enter
into a new six-month contractual agreement with the Roanoke Valley
SPCA for animal control impounding facilities and services; that the
animal impoundment boarding fee paid to the Roanoke Valley SPCA be
increased to $8.75 per animal per day and amend the contract with the
Roanoke Valley SPCA to compensate the SPCA for impounding stray
domestic animals brought in by citizens of Roanoke City, for not more
than a five-day impoundment period per animal; and authorize the
Director of Finance to amend the City's Fee Compendium to increase
14
ACTION:
the impoundment boarding fee from $7.75 per animal per day to $8.75
per animal per day and increase the fee charged to citizens for animal
pickup to $20.00 for the first pickup, $35.00 for the second pickup and
$50.00 for the third pickup within a 12-month consecutive period.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#34162-020199) A RESOLUTION authorizing and providing for
an agreement between the City of Roanoke and the Roanoke Valley
Society for the Prevention of Cruelty to Animals relating to the
operation of an animal shelter by the Society and increasing the
impoundment boarding fee charged to animal owners.
(For full text of Resolution, see Resolution Book No. 61, page 366.)
Mr. Harris moved the adoption of Resolution No. 34162-020199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
CITY ATTORNEY:
TRAFFIC-LEGISLATION: The City Attorney submitted a written
report advising that at the Council meeting on January 19, 1999, he was
requested to prepare the required measure to increase the maximum
penalty for a traffic infraction from $100.00 to $200.00.
The City Attorney further advised that acting pursuant to the
authority of §§46.2-1300 and 46.2-1313 of the State Code, Council has
adopted all of the provisions and requirements of Title 46.2 regulating
operation of motor vehicles except those provisions and requirements
which, by their very nature, could have no application to or within the
City of Roanoke; Council has further provided that any violation of any
provision of Title 46.2 incorporated by reference in the City Code shall
constitute a traffic infraction punishable by a fine of not more than
$100.00; under Title 46.2 of the State Code, however, traffic infractions
are punishable by a fine of not more than $200.00 unless otherwise
15
ACTION:
stated; and by adoption of the proposed ordinance, Council will
establish the maximum fine possible for a traffic infraction and provide
clear authority for the judiciary to impose fines in excess of $100.00 for
traffic offenses where appropriate.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#34163-020199) AN ORDINANCE amending and reordaining §20-
1, Compliance with chapter required; general penalty for violations,
Code of the City of Roanoke (1979), as amended, to increase the
maximum fine for a traffic infraction from $100 to $200; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 367.)
Mr. Harris moved the adoption of Ordinance No. 34163-020199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
ARCHITECTURAL REVIEW BOARD: The City Attorney submitted
a written report advising that at the Council meeting on January 19,
1999, the Mayor inquired as to why appeals from the Architectural
Review Board (ARB) go to Council rather than directly to the Circuit
Court as in the case of appeals from the Board of Zoning Appeals.
It was further advised that Section 62(24) of the City Charter
authorizes Council to create the Architectural Review Board and to
appoint its members; and the same section provides for a two step
appellate process; any decision of the Architectural Review Board may
be appealed to the Council, and any decision of the Council may be
appealed to the Circuit Court, pursuant to §15.1-503.2 (now §15.2-2306)
of the Code of Virginia.
It was explained that Section 15.2-2306.A.1, Code of Virginia
(1950), as amended, provides that a local governing body may adopt an
ordinance as to historic districts providing that no building or structure
16
shall be erected, reconstructed, altered or restored within any such
district "... unless approved by the review board, or on appeal, by the
governing body of the locality .... "; it is further provided that a local
ordinance may provide that no historic landmark, building or structure
shall be razed, demolished or moved unless "... approved by the review
board or, on appeal, by the governing body .... "See §15.2-2306.A.2;
and it is provided that a local ordinance shall provide "... for appeals to
the Circuit Court for such locality from any final decision of the
governing body .... ".
The City Attorney expressed the opinion that the appellate
process established by the Code of the City of Roanoke for
Architectural Review Board appeals is in full compliance with both the
City Charter and the Code of Virginia; and other cities may utilize
different appeal procedures which are authorized by unique provisions
of local charters.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be received and filed.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising
that pursuant to Chapter 9, Education, of The Code of the City of
Roanoke (1979), as amended, establishing a procedure for the election
of School Board Trustees, the three year terms of office of Brian J.
Wishneff and Charles W. Day will expire on June 30, 1999.
It was further advised that pursuant to Section 9-16 of The City
Code, on or before February 15 of each year, Council shall announce
its intention to elect trustees of the Roanoke City School Board for
terms commencing July 1 through (1) public announcement of such
intention at two consecutive regular sessions of the Council and (2)
advertisement of such intention in a newspaper of general circulation
in the City twice a week for two consecutive weeks; Section 9-17 of the
City Code provides that applications must be filed in the City Clerk's
Office by March 10 of each year; and application forms will be available
in the City Clerk's Office and may be obtained between the hours of
8:00 a.m., and 5:00 p.m., Monday through Friday.
(For full text, see report on file in the City Clerk's Office.)
17
ACTION:
Without objection by Council, the Mayor advised that the report
would be received and filed.
DIRECTOR OF FINANCE:
ACTION:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS-
INSURANCE-BUDGET: The Director of Finance submitted the Financial
Report for the City of Roanoke for the month of December, 1998.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial report would be received and filed.
Council Member White raised a question with regard to the
amount of funds to be included in the Insurance Reserve; whereupon,
the Director of Finance advised that pursuant to provisions of the City
Code, the Insurance Reserve must carry a maximum balance of three
per cent of the General Fund; and $250,000.00 is budgeted to the
account each fiscal year, however, the total amount has not reached
three per cent. Mr. White inquired if three per cent of the City's General
Fund is a realistic figure.
In regard to establishing a stabilization fund, Council Member
Swain inquired as to the source of funds; whereupon, the Director of
Finance advised that the funds, would come from excess revenue
funds.
It was the consensus of Council that the abovestated inquiries
would be referred to 1999-2000 budget study and to the Financial
Planning Session on Saturday, March 20, 1999, at 8:30 a.m., for future
discussion.
BUDGET-JUVENILE CORRECTIONAL FACILITIES: The Director
of Finance submitted a written report advising that the Roanoke Valley
Detention Commission was established by the Cities of Salem and
Roanoke, and the Counties of Botetourt, Franklin and Roanoke,
pursuant to Section 16.1-315 of the Code of Virginia; the Commission
was created to renovate and construct an addition to the existing City
Detention Center to increase the rated capacity to an 81 bed facility and
to equip, maintain and operate the Center; the Service Agreement
signed by the member jurisdictions to establish the Commission
agreed to purchase Detention Center real property and equipment, but
18
ACTION:
to allow the City of Roanoke to continue to administer and to operate
the facility until Phase I, or 58 beds, of the renovation is completed in
approximately April, 2000; and the Director of Finance was authorized
by Council to serve as the temporary fiscal agent for the Commission.
It was further advised that the Roanoke Valley Detention
Commission secured a bank note for $4.2 million to serve as interim
financing to pay for design and startup costs; the loan was secured at
a favorable interest rate of 3.68%; construction proposals are currently
being received by the Commission's architect, Hayes, Seay, Mattern
and Mattern; once construction costs are established, the Commission
will secure permanent financing with either a long-term bank note or
issuance of bonds; proceeds of the $4.2 million interim financing must
be appropriated by the City, as fiscal agent, in order to pay expenses
authorized by the Commission; expenses of the Commission include
payment to the City of $700,000.00, the agreed upon amount for
purchase of current Detention Center real property and equipment; and
closing on the real property is scheduled to occur later this month.
The Director of Finance recommended that Council adopt an
ordinance appropriating $4.2 million to accounts established in the
Roanoke Valley Detention Commission agency fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34164-020199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Juvenile Detention Commission Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 368.)
Mr. Trout moved the adoption of Ordinance No. 34164-020199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
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REPORTS OF COMMITTEES:
WATER RESOURCES: Elizabeth T. Bowles, Chairperson, Carvins
Cove Comprehensive Land Use Committee, presented an interim report
on behalf of the Committee, recommending that consideration be given
to the need for soil and water "best management practices" on the
headwaters of Catawba and Tinker Creeks to protect the purity of the
water in the Carvins Cove Reservoir. She advised that the consultant
has been hired and the project is on schedule and well underway.
Mrs. Bowles further advised that protecting the purity of the
water in Carvins Cove Reservoir cannot be dealt with by a land use plan
for City-owned lands; the committee voted to bring the matter to
Council's attention because Council appears to be considering how to
address other regional water management issues, and the Committee
hopes this aspect could be on the agenda if such regional
conversations are held; the Committee is cognizant of the fact that the
primary purpose of the Council-commissioned study is to produce a
land use plan for City-owned land surrounding Carvins Cove Reservoir
which, among other things, addresses the potential for light
recreational use of the watershed; and the Committee understands that
the public's overriding interest with respect to the Carvins Cove issue
is in its protection from contamination of the source of pure water for
City residents.
It was explained that the Committee has been informed that
during certain times of the year, a major portion of the water in the
Carvins Cove Reservoir originates from outside the City-owned
reservation by entering the reservoir via two tunnels, Catawba Creek
and Tinker Creek; and nothing the City does with respect to
management of City-owned land can keep these waters clean.
Mrs. Bowles advised that in the context of certain planning and
coordination meetings with persons representing other Roanoke Valley
governments including Botetourt, as well as Roanoke County, and on
the basis of appropriate reciprocity, the Committee requests that
Council encourage those jurisdictions to consider giving special
attention to the need for soil and water "best management practices"
on the headwaters of Catawba and Tinker Creeks to protect the purity
of water in the Carvins Cove Reservoir.
(For full text, see reports on file in the City Clerk's Office.)
20
ACTION:
Council Member Wyatt, who also serves as Chair of the Water
Resources Committee, moved that the matter be referred to the Water
Resources Committee to address pertinent issues and report to
Council accordingly. The motion was seconded by Mr. Trout and
unanimously adopted.
ROANOKE CiViC CENTER: A report of the Roanoke Civic Center
Commission with regard to an extension of the contract with The
Swanson Corporation for food and beverage concession management
at the Roanoke Civic Center, was before Council.
It was advised that an extension would provide more preparation
time for transition, which would coincide with the end of the fiscal year;
and transition would occur at a slow time for business, providing an
opportunity for a smooth transition period during the summer months.
The Roanoke Civic Center Commission recommended that
Council approve a contract extension with The Swanson Corporation
for two months, from April 30, 1999 through June 30, 1999, and
continuing on a month-to-month basis not to exceed one year, only,
upon mutual agreement by both parties, with the remaining terms of the
contract to remain the same.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harris moved that the following ordinance be placed upon its
first reading:
(#34165) AN ORDINANCE extending the Food/Beverage
Concession Management Contract agreement between the City of
Roanoke and The Swanson Corporation for a period of two months with
an option upon mutual agreement of the parties to extend the contract
month-to-month up to an additional one year unless terminated sooner
by either party pursuant to Section 4 of the contract.
(For full text of Ordinance, see Ordinance Book No. 61, page 374.)
The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
21
PURCHASE/SALE OF PROPERTY-HABITAT FOR HUMANITY-
WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, in connection with property rights disposition of 6.5 acres
of land in Westview Terrace.
A staff report advised that Council directed the initiation of
negotiations to purchase the above referenced property from Habitat
for Humanity at its meeting on Monday, August 3, 1998; Council
authorized acquisition of the property from Habitat for $352,800.00 on
October 7, 1998, pursuant to Ordinance No. 34031-100798; development
restrictions have now been developed and approved by neighborhood
representatives; and the property may now be declared surplus and
sold with certain development restrictions.
The Water Resources Committee recommended that Council
authorize the City Manager to take appropriate action to advertise a
public hearing, and, lacking any comments to the contrary, convey to
the highest bidder the property as shown on a list, described as
Westview Terrace Properties, after all legally required procedural steps
are completed, with the City reserving the right to reject any and all
bids; and approve development minimum standards as shown on
Exhibit A of the report.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following resolution:
(#34166-020199) A RESOLUTION authorizing the advertisement
for bids for the purchase of 6.5-acres of City-owned property located in
Westview Terrace, subject to certain minimum development standards;
approving the minimum development standards; and authorizing the
City Manager to advertise a public hearing at the appropriate time in
order to comply with §15.2-1800B of the Code of Virginia (1950), as
amended.
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 369.)
Ms. Wyatt moved the adoption of Resolution No. 34166-020199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
22
ACTION:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
AIRPORT-CITY PROPERTY-LEASES-WATER RESOURCES: Vice-
Mayor Linda F. Wyatt, Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
scheduling a public hearing in anticipation of authorizing extension of
the lease with The Hertz Corporation for land located at 1302 Municipal
Road, N. W.
A staff report advised that Council, pursuant to Ordinance No.
18406, adopted on November 11, 1968, and Resolution No. 18537,
adopted on January 27, 1969, authorized execution of a lease for a
period of ten years, with provision for two five-year extensions, of a
two-acre parcel of property to The Hertz Corporation to be used as
facilities for maintenance, servicing and storage of vehicles; and
subsequent five-year extensions to the original lease were authorized
by Council in 1989 and 1993.
It was further advised that City staff has negotiated an extension
to the current lease, for a term of five years, for a total lease fee of
$118,319.00; and total value of the previous five year lease was
$95,000.00.
The Water Resources Committee recommended that Council hold
a public hearing in anticipation of authorizing execution of an extension
to the lease with the Hertz Corporation, for a term of five years, in a
form to be approved by the City Attorney, and in accordance with
conditions as set forth in the report.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that Council concur in the recommendation and
authorize a public hearing to be held on Tuesday, February 16, 1999, at
7:00 p.m., in the City Council Chamber. The motion was seconded by
Mr. Hudson and unanimously adopted.
WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson,
Water Resources Committee, presented a written report on behalf of
the Committee, with regard to execution of a contractual agreement
with the Bedford County Public Service Authority for the sale of surplus
water by the City of Roanoke.
23
ACTION:
A staff report advised that sale of surplus water to Roanoke
County was authorized by Council on July 23, 1979, for a term of 30
years; an addendum to the 1979 water contract was executed on
January 27, 1995, and extends the original contract for nine years until
the year 2015 and gradually reduces the minimum quantity of water
required to be purchased by the County from 2.5 MGD (1995) to 1.0
MGD starting in 2010; and surplus water is also provided to the City of
Salem on an as needed basis (limited to 2 MGD) and to the Town of
Vinton.
It was further advised that the Bedford County Public Service
Authority conducted a feasibility study to determine a source of water
to meet their needs in the western Route 24 corridor of Bedford County;
the Falling Creek Treatment Plan located in Bedford County off Route
24 has a safe yield capacity of 1.5 MGD and has surplus water available
to sell; the Bedford County Public Service Authority approached the
City of Roanoke in January 1998 and expressed a desire to purchase
surplus water up to one MGD from the Falling Creek Plant; and contract
language has been negotiated between the Bedford County Public
Service Authority and the City of Roanoke.
The Water Resources Committee recommended that Council
authorize the City of Roanoke to enter into a contractual agreement
with the Bedford County Public Service Authority, in accordance with
a negotiated contract for the sale of surplus water, as more fully set
forth in the report.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following resolution:
(#34167-020199) A RESOLUTION authorizing the execution of a
surplus water purchase agreement between the City of Roanoke and
the Bedford County Public Service Authority.
(For full text of Resolution, see Resolution Book No. 61, page 370.)
Ms. Wyatt moved the adoption of Resolution No. 34167-020199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
24
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
BUDGET-PARKS AND RECREATION-SWIMMING POOLS: Council
Member Carroll E. Swain, Chairperson, Bid Committee, presented a
written report on behalf of the Committee, in connection with bids
received by the City for remodeling and upgrading municipal swimming
pools in Washington and Fallon Parks; whereupon, he recommended
that Council approve the following actions:
Authorize the City Manager to enter into a contractual
agreement, in a form to be approved by the City Attorney,
with U. S. Construction Co. of Roanoke to construct
Municipal Swimming Pools Remodeling and Upgrade, in
accordance with contract documents as prepared by the
Office of City Engineer and as negotiated with U. S.
Construction Co. of Roanoke, in the amount of
$270,126.00. Completion date for Fallon Park Swimming
Pool is June 1, 1999 and June 15, 1999 for Washington
Park Swimming Pool.
Authorize transfer of funds and appropriate the following
funds to a Capital Account entitled, Municipal Swimming
Pools (1999):
From 1996 CMERP
From Public Improvement Bonds 2000,
Account No. 008-052-9709-9180
Total Project Amount
$248,000.00
22.126.00
$270,126.00
Adopt a resolution declaring the City's intent to reimburse
itself $22,126.00 from the proceeds of the sale of Series
2000 general obligation bonds.
Reject all other bids received.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
25
ACTION:
(#34168-020199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 371.)
Mr. Swain moved the adoption of Ordinance No. 34168-020199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Harris was out of the Council Chamber.)
Mr. Swain offered the following emergency ordinance:
(#34169-020199) AN ORDINANCE accepting the bid of U. S.
Construction Co. of Roanoke for the remodeling and upgrading of the
Municipal Swimming Pools at Washington and Fallon Parks, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 373.)
Mr. Swain moved the adoption of Ordinance No. 34169-020199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Mayor Bowers ............................................................................ 6.
NAYS: None ........................................................................ 0.
(Council Member Harris was out of the Council Chamber.)
UNFINISHED BUSINESS: None.
26
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 34148, permanently
vacating, discontinuing and closing a portion of 15th Street, N. E.,
extending north from Varnell Avenue, N. E., having previously been
before the Council for its first reading on Tuesday, January 19, 1999,
read and adopted on its first reading and laid over, was again before
the body, Mr. White offering the following for its second reading and
final adoption:
(#34148-020199) AN ORDINANCE permanently vacating,
discontinuing and closing certain public right-of-way in the City of
Roanoke, Virginia, as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 61, page 358.)
Mr. White moved the adoption of Ordinance No. 34148-020199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
ZONING: Ordinance No. 34149, rezoning property known as the
former Norfolk & Western Passenger Station located at 209
Shenandoah Avenue, N. E., identified as Official Tax No. 3013603, from
HM, Heavy Manufacturing District, to C-3, Central Business District,
subject to the Second Amended Petition filed in the Office of the City
Clerk on December 7, 1998, having previously been before the Council
for its first reading on Tuesday, January 19, 1999, read and adopted on
its first reading and laid over, was again before the body, Mr. Harris
offering the following for its second reading and final adoption:
(#34149-020199) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 301, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 61, page 360.)
27
ACTION:
Mr. Harris moved the adoption of Ordinance No. 34149-020199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ O.
ACTS OF ACKNOWLEDGEMENT: Action on a resolution paying
tribute to The Reverend Dr. Noel C. Taylor, former Mayor of the City of
Roanoke, upon the occasion of his retirement as Pastor of High Street
Baptist Church, was deferred until the next regular meeting of Council
on Tuesday, February 16, 1999, at 2:00 p.m.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ZONING-COUNCIL-COMMUNITY PLANNING: Council Member
Trout reiterated a referral to the City Manager under date of Monday,
August 17, 1998, in which he expressed concern with regard to
conversion of residential houses into apartments, thus creating parking
problems, etc. He referred specifically to a house located on
Broadway, S. W., which was converted into apartments and a dwelling
was constructed at the rear of the property and attached to the original
structure.
It was the consensus of Council that the matter would be referred
to the City Manager for report to Council.
BUDGET-COUNCIL-REFUSE COLLECTION-STREETS AND
ALLEYS: Council Member Swain expressed concern with regard to
unsightly debris at one of the main thoroughfares to the City, and
advised that he would provide the location to the City Manager for
appropriate response.
Council Member Swain requested an evaluation of the policy with
regard to sweeping main streets and thoroughfares of the City on a
three week cycle.
28
ACTION:
It was the consensus of Council that the matter would be referred
to 1999-2000 budget study and the City Manager will prepare a cost
analysis for consideration by Council.
Council Member White called attention to the need to educate the
public on the consequences of littering via the City Page of The
Roanoke Times., RVTV Channel 3, and in-house anti-littering
information. He requested that the City Manager review the matter of
disseminating public information in partnership with the community.
PUBLIC WORKS-STREETS AND ALLEYS: Council Member
Hudson addressed the time table for the repaving of City streets and
inquired as to the most appropriate manner to respond to citizen
concerns.
The City Manager suggested that telephone inquiries be referred
to the City Manager's Office and/or the Director of Public Works for
appropriate response, and Council Member Swain suggested that the
City's policy for paving streets be publicized on the City Page of The.
Roanoke Times.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
FIRE DEPARTMENT-PENSIONS: Wilbur A. Drewery, 844 Dillon
Drive, Vinton, Virginia, having retired from the Fire Department
approximately two months prior to adoption by Council of a certain
pension incentive ordinance, expressed concern that the Circuit Court
refused to hear his case that he be allowed to receive $300.00 per
month in enhanced benefits until age 65.
The remarks were referred to the City Manager and the City
Attorney.
CITY ATTORNEY: A communication from Wilburn C. Dibling, Jr.,
City Attorney, tendering his resignation, effective April 1, 1999, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson moved that Council accept the resignation, effective
April 1, 1999, and that the City Attorney be requested to prepare the
proper measure appointing William X Parsons as Acting City Attorney,
effective April 1, 1999. The motion was seconded by Mr. Harris and
unanimously adopted.
29
At 3:55 p.m., the Mayor declared the meeting in recess.
At 4:20 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Council Member Harris who left the
meeting prior to the Executive Session.
ACTION:
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised
that there is a vacancy on the Board of Trustees, City of Roanoke
Pension Plan, created by the ineligibility of F. Wiley Hubbell to serve
another term, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of David C. Key.
There being no further nominations, Mr. Key was appointed as
a member of the Board of Trustees, City of Roanoke Pension Plan, for
a term ending June 30, 2002, by the following vote:
ACTION:
FOR MR. KEY: Council Members Swain, Trout, White, Wyatt,
Hudson and Mayor Bowers .......................................................... 6.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that there are two vacancies on the
Roanoke Neighborhood Partnership Steering Committee created by
expiration of the terms of office of Robyn R. Wilson and Vaunda
Leftwich, and called for nominations to fill the vacancies.
30
Ms. Wyatt placed in nomination the name of Keith Moore.
Mr. Swain placed in nomination the name of Stark H. Jones.
There being no further nominations, Messrs. Moore and Jones
were appointed as members of the Roanoke Neighborhood Partnership
Steering Committee, for terms ending November 30, 2002, by the
following vote:
ACTION:
FOR MESSRS. MOORE AND JONES: Council Members Swain,
Trout, White, Wyatt, Hudson and Mayor Bowers .............................. 6.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT
COMMISSION-DISABLED PERSONS: The Mayor advised that the term
of office of Donna S. Norvelle as a member of the Fifth District
Disability Services Board expired on January 31, 1999, and called for
nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Donna S. Norvelle.
There being no further nominations, Ms. Norvelle was
reappointed as a member of the Fifth District Disability Services Board,
for a term ending January 31, 2002, by the following vote:
ACTION:
FOR MS. NORVELLE: Council Members Swain, Trout, White,
Wyatt, Hudson and Mayor Bowers ................................................ 6.
(Vice-Mayor Harris was absent.)
There being no further business, the Mayor declared the meeting adjourned
at 4:25 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
31
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
February16,1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
February 16, 1999, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re[lular
Meetin_~s. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended.
PRESENT: Council Members James O. Trout, William White, Sr., Linda F.
Wyatt, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers ........... 6.
ABSENT: Council Member C. Nelson Harris ............................................. 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
RENTAL INSPECTION PROGRAM: The City Manager introduced a briefing on
the City's Rental Certificate of Compliance Program commonly known as the Rental
Inspection Program. He advised that the program involves rental properties in the
City's older neighborhoods which are inspected periodically to insure that they meet
minimum standards of the City's Building Maintenance Code. He explained that
following the City's adoption of enabling legislation in 1994 and with the urging of
numerous community interests, the City began to develop a program of systematic
inspections of rental units to increase public safety and to maintain the inner City
housing stock, and program adoption and administration took place in the latter part
of 1996. He stated that the program is in operation in neighborhoods in all four of
the affected quadrants of the City and all eligible neighborhoods are expected to be
included by 1999, and because of anticipated programs and the effect on older
neighborhoods, as well as Council's continuing interest in the Rental Inspection
Program, a briefing is in order to discuss program design, operation and
experiences to date.
At 12:35 p.m., Council Member White entered the meeting.
H. Daniel Pollack, Jr., Housing Development Coordinator, called attention to
a long history of interest regarding rental property dating back to 1979, particularly
in the older neighborhoods of the City where there has been an apparent lack of
maintenance and a high concentration of rental properties. He explained that
although the City has had a Property Maintenance Code in effect for many years and
adopted the Statewide Building Maintenance Code in 1986, the City had no authority
to require inspection of rental properties on any systematic basis, consequently,
inspections of rental properties were reactive, particularly to the complaints of
tenants and much of the City's inspection capability was focused on vacant
buildings with no authority to inspect the inside of rental properties without tenant
complaints. He stated that in 1994, the General Assembly passed enabling
legislation to give cities the authority to require inspections of rental properties
upon the sale of property or the vacancy of a unit which applied to conservation
areas or rehabilitation districts of the City only and includes all of the southeast
area, old southwest and Hurt Park neighborhoods, lower northwest area, and
extends from the Vinton town limits to 24th Street, Lafayette Boulevard and Shaffers
Crossing down to the Roanoke River. He added that at the request of several
community and neighborhood groups and other interested persons, the City
considered design of a program in 1995 based upon enabling legislation with the
assistance of the Roanoke Regional Housing Network, and following a long and
involved process of working through the Regional Housing Network and a series of
public workshops, a program was presented to and approved by Council in 1996.
He advised that the City began to roll out the program in the fall of 1996, added staff
and the program was operational in the spring of 1997.
Mr. Pollack called attention to two general aspects of the program; viz: before
a vacant unit in one of the affected areas can be re-rented, it must be inspected at
a mandatory inspection fee of $75.00, the exception is if the unit already has a
Certificate of Compliance with the Building Maintenance Code that was issued within
the last two years, or a temporary waiver to allow the property to be re-rented while
repairs are made; and two, the City requests a voluntary inspection on the part of the
property owner before the unit becomes vacant, there is no charge for the inspection
and if no violations are found, a Certificate of Compliance is issued at which time the
property owner can rent or re-rent the property for as many times as it becomes
vacant over the two year life of the certificate unless a problem occurs at a later time
that may cause the property to be condemned or require other repairs. He stated
that pursuant to the Building Maintenance Code, which applies to all cities in
Virginia, buildings must be maintained to certain minimum standards, whether the
structure is in a conservation area or in a rehabilitation district, and whether it is a
homeowner occupied unit or a rental unit. He added that the rental inspection
program changed the administrative process by which the City may enter rental
properties to perform inspections, with a number of possible outcomes when an
inspection occurs; i.e.: (1) a Certificate of Compliance of Building Maintenance Code
standards is issued which certifies at the time of inspection that no violations were
found which entitles the owner to rent the unit as many times as it becomes vacant
in that two year period without requiring another inspection; (2) if minor issues are
2
found, or if there are developing conditions that would not cause the City to withhold
the certificate, but it is important to call the attention of the owner to certain defects
in order to monitor the condition and to take action, a certificate will be issued with
an advisory; (3) a temporary waiver which is a repair order that advises the property
owner that violations were found that must be corrected, however, while corrections
are underway the owner may continue to rent or re-rent the structure; (4) the most
serious condition would result in a condemnation which means that the property is
not safe to inhabit, however, depending upon the severity of the problem, the City
may allow the property to be occupied for a period of time while the owner makes
the necessary repairs, but if the property owner does not make the necessary
repairs, the unit must be vacated and cannot be re-rented or re-occupied until the
situation is corrected.
Mr. Pollack explained that the process involves publishing a notice in the
newspaper advising that the program is coming to a specific neighborhood; in
addition, individual notices are mailed to all property owners in the area announcing
the program, providing information on City Code requirements, and requesting that
property owners contact the City to schedule an inspection appointment. He
advised that if no response is received to the request, in two to three weeks a follow-
up notice is mailed requesting that the property owner contact the City to schedule
an inspection if they are interested in pursuing the voluntary inspection at no cost,
and following another two to three weeks if no response is received from the
property owner, the City will forward a final letter to the property owner putting them
on notice that when the rental unit (a unit not occupied by the owner) becomes
vacant, the unit must be inspected before it can be reoccupied. He stated that this
week, the program will be extended to the balance of the Hurt Park neighborhood
and the old southwest neighborhood and when those areas have been completed
in mid September, approximately 80 per cent of the area of rental units in the City
will have been covered, with the exception of a portion of southeast and northwest
which are in relatively good condition with Iow concentrations of rental properties.
Mr. Pollack advised that the first certificates which were issued in the fall of
1996 and the winter of 1997 are about to expire and are subject to renewal, and those
properties that the owners declined to participate in the initial program are coming
up for inspection and will be due for inspection under the mandatory provisions of
the rental inspection program. He advised that there are currently 1,517 inspected
units and of that number, on the initial inspection 44 per cent or 666 passed the first
time, 39 per cent or 592 did not pass the first time and were given repair orders for
temporary waivers, although the owner was entitled to continue to rent or re-rent the
units, four per cent or 58 were in such poor condition that they were condemned on
the first inspection; and 201 units do not clearly fall within any of the above
categories. He further advised that currently out of 1,517 inspected units, 1,129 or
74 per cent have Certificates of Compliance, 190 or 13 per cent have temporary
3
waivers and are under current repair orders, 53 are condemned or are in the process
of being vacated, 58 have been removed from the inventory either by demolition or
in some cases the owners have decided to take the units out of service or convert
the structure to a multi-building or to a single family unit, and 97 have various other
classifications. He added that 393 units have been repaired, including 24 that were
condemned. He noted that there are 262 units whose owners have clearly declined
to participate in voluntary inspections, therefor, they fall within the mandatory
provisions and there are other property owners who have not responded to the City.
In summary, Mr. Bengtson advised that the strategy is to change the shape
of neighborhoods by changing the dynamics and the marketing of those
neighborhoods; and residents and property owners need time to adjust to a new way
of doing business and those properties that have been in decline over a long period
of time do not suddenly experience a rebound. He stated that in the administration
of the program, the City has been lenient during the first two years in terms of time
limits given to property owners to make repairs, the extent of repairs particularly non
health and safety repairs, and the City has been lenient in charging fees. He advised
that code enforcement has two elements: (1) the remedial aspect of code violations
to prevent tragedies by making properties safer, but regulations do not guarantee
that a building will not incur a tragedy; and (2) the therapeutic aspect by making
neighborhoods more attractive and healthier, thus providing a higher quality of life.
Mr. Thomas Skelley, 2402 Avenel Avenue, S. W., advised that the City should
look at rental housing as a small industry, which is fragmented but just as
significant as overnight lodging. He stated that 40 per cent of the housing units in
Roanoke are rental units, City government is supportive of the overnight lodging
industry as exemplified by such entities as The Hotel Roanoke, therefore, the City
should support an organization such as the Roanoke Property Investors Association
and others. He added that the creation of the Rental Inspection Program for rental
housing is necessary, but it has created an adversarial relationship between City
government, property investors and property owners, and, as in any adversarial
relationship, all sides should agree that there are certain elements that need to be
created on a level playing field, with an ombudsman charged with the responsibility
of interpreting the rules and providing judgement, but with all parties agreeing to the
ground rules. He stated that insofar as the Rental Inspection Program, there was
never an agreement by all parties on the rules before the program was enacted. He
added that property investors would like some indication from Council that it will be
supportive of entrepreneurs who are willing to take ownership of housing in the City,
which are properties that are not likely to become owner occupied in the next five
to ten years, and if the City does not want to own these properties, it should defer
to a group of property investors who will take ownership of the properties and the
City should be supportive of their efforts. He requested that dual inspections be
4
eliminated by the City of Roanoke and the Roanoke Redevelopment and Housing
Authority since both inspections occur within a short period of time, and that the
building maintenance requirements be published on the City's website.
Mr. Robert Fetzer, 2602 Stanley Avenue, S. E., advised that as a property
investor in the City of Roanoke, he was a member of the Roanoke Regional Housing
Network in 1995-96 when the City developed the Rental Inspection Program. He
called attention to two issues that needed to be addressed while the City was
establishing the Rental Inspection Program; viz: a way to assist property owners in
rehabilitating property and a way to provide a safety net for those tenants who might
be adversely affected by the program. He added that the amount of money that the
City has contributed toward rental rehabilitation of properties has decreased and the
only available alternative for the property investor who would like to improve their
property is to pursue private financing. He explained that it is felt that the City
should be just as aggressive in developing a program to assist property owners who
would like to improve their property and at the same time the City should help those
tenants who are displaced as a result of the Rental Inspection Program. He
requested that the City conduct a review of the cost of the program, and inquired as
to where Community Development Block Grant funds which were targeted for Iow
to moderate income families of the City were spent. He called attention to an
adversarial relationship between property owners and the City as a result of the
program, and advised that all is not well with the City's Rental Inspection Program,
all aspects of the program should be reviewed, and an arbitration board is needed
to intervene.
Mr. Guy Sparks, 2704 Northway Drive, N. W., expressed concern with regard
to property he acquired in 1989 which contains four rental units. He explained that
at the time of purchase, all four units were rented, and the previous owner signed
a certified letter advising that the property had been used in that fashion since 1945.
He stated that pursuant to the Rental Inspection Program, the City's Building
Department and the Zoning Department have taken the position that there is no
grandfather clause that would permit the property to be used in this manner. He
added that the City's position is unfair to him as a property owner in view of the fact
that the property has been occupied as four units since 1945.
The City Manager explained that at the inception of the Rental Inspection
Program, there was significant citizen participation and it was known that the
program would be refined over a period of time. He advised that he was unaware of
some of the suggestions/concerns that were presented by previous speakers, and
it would be the City's intent to establish a mechanism to receive input from all
interested persons to insure that there is a balance in discussions.
5
Council Member Wyatt advised that there are degrees of landlords and
property owners, and some are responsible individuals. She asked that the City
review the question of providing certain incentives to those property owners who
are diligent in their duties.
In summary, the Mayor advised that the City Manager and appropriate City
staff will meet with representatives of the Roanoke Property Investors Association
and others to receive their input, with further report to Council at a later date.
At 1:00 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Tuesday, February 16, 1999, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Bowers presiding.
PRESENT: Council Members James O. Trout, William White, Sr., Linda F.
Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A.
Bowers .......................................................................................................... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Rabbi Manes Kogan,
Beth Israel Synagogue.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT: Mr. White offered the following
resolution paying tribute to The Reverend Dr. Noel C. Taylor, former
Mayor of the City of Roanoke, upon the occasion of his retirement as
Pastor of High Street Baptist Church:
(#34170-021699) A RESOLUTION paying tribute to The Reverend
Dr. Noel C. Taylor, former Mayor of the City of Roanoke, upon the
occasion of his retirement as Pastor of High Street Baptist Church.
6
(For full text of Resolution, see Resolution Book No. 61, page 375.)
ACTION:
Mr. White moved the adoption of Resolution No. 34170-021699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
On behalf of the citizens of the City of Roanoke and the Members
of City Council, the Mayor presented Dr. Taylor with a framed aerial
view photograph of the Roanoke Valley and the star on Mill Mountain.
PROCLAMATIONS: The Mayor presented a proclamation
declaring Tuesday, February 16, 1999, as Valley Metro Appreciation
Day.
(For full text, see Proclamation on file in the City Clerk's Office.)
The Mayor advised that a team of mechanics and bus operators
from Valley Metro participated in and won best overall transit property
for the second year in a row at the tenth annual Virginia Transit Roadeo
which was held on July 24 and 25, 1998, in Charlottesville, Virginia. He
commended the following maintenance team members who won first
place in maintenance competition: Steve Fisher, Wayne Thompson and
Doug Agee. He also commended the following members of the bus
operator's team who placed second overall in operator's competition:
Jimmy Carter, Neil Hartwell, Roger Broughman and Ricky Joseph.
ACTS OF ACKNOWLEDGEMENT-HOUSING/AUTHORITY-
GRANTS: Willis M. Anderson, Chair, City of Roanoke Redevelopment
and Housing Authority, advised that in 1999 the Housing Authority will
mark 50 years of service to the City of Roanoke, and over the course of
those 50 years, the Housing Authority has constructed and
successfully managed approximately 1500 units of public housing, and
worked with countless numbers of landlords to maintain a quality
assisted housing program through Section 8 funding. He stated that
the Housing Authority has contributed greatly to the lives of its
residents through self-sufficiency programs that enable residents to
achieve the goals of better education, increased employment and home
7
ownership. He further stated that in its dual role as a development
agency, the Housing Authority has been a part of many major
revitalization efforts in Roanoke which include the Shaffers Crossing
Industrial Park, the Deanwood Commerce Center, and the reopening of
The Hotel Roanoke, and acquired, assembled and made available for
development the land on which the Roanoke Civic Center, the main
post office, Coca Cola Bottling Company, First Union Tower, the
Norfolk Southern Building, and Crestar Plaza were constructed.
Mr. Anderson introduced Mary Ann Wilson, Senior Community
Builder, Virginia State Office, Department of Housing and Urban
Development, for a presentation.
Ms. Wilson advised that the 1999 budget of the Department of
Housing and Urban Development for the Hope VI public housing
revitalization program was increased and the City of Roanoke received
$15 million for the Lincoln 2000 project for revitalization of the
Washington Park community, and drug elimination grant. She stated
that HUD appreciates its positive relationship with the City of Roanoke
and through the leadership of Council and the City Manager, Roanoke
has consistently maintained a high performance record in its use of
HUD funds which is over $2 million annually, and the City is scheduled
to receive an increase of approximately $953,000.00. She advised that
HUD assists with approximately 36 multi-family projects in Roanoke, or
about 1,355 units, in addition to approximately 1,500 units of public
housing, and an equal number of units in Section 8 rental assistance
which is also administered by the Housing Authority. She further
advised that HUD developed an assessment to measure certain critical
aspects of the Housing Authority's performance and for the first time
since 1991, the Roanoke Redevelopment and Housing Authority is
recognized as a high performer with significant improvement in the
areas of rent collections, vacancy rate, and inspections of units and
systems, and a perfect score of 100 was received in the area of
modernization. She presented a plaque to Mr. Anderson and to John
P. Baker, Executive Director, Roanoke Redevelopment and Housing
Authority, containing the following inscription: Certificate of
Excellence in Management Operations presented to the Roanoke
Redevelopment and Housing Authority for Achieving High Performer
Designation.
David Baldwin, Director of Housing, Roanoke Redevelopment
and Housing Authority, presented an update on the Lincoln 2000
Project, and advised that the Housing Authority has been approved for
8
a $15.1 million grant under HUD's Hope VI program for revitalization of
the Lincoln Terrace Housing community. He expressed appreciation
for Council's endorsement of the HOPE VI Grant and for the City
Manager's letter of support which expressed the City's willingness to
give priority to providing financial support to the project if approved by
HUD, which commitments were pivotal in receiving HUD's approval for
the grant. He advised that the physical reconfiguration includes a
number of key elements, one of which is lowering the density of the
units on site by demolishing 126 of the 300 units that currently exist;
also, there will be comprehensive modernization of the remaining 174
public housing units adding amenities that will make the rental units
comparable to rental units in other Roanoke neighborhoods; and
alternative housing opportunities will be provided for residents of the
neighborhood by in-filling vacant spots created by demolition and
construction of approximately 48 new units which will be a mixture of
single family and duplex type structures that will provide opportunities
for below market rate rental as well as lease purchase. He advised that
the Hope VI project has been used as a catalyst for a more
comprehensive neighborhood revitalization program and 54 new single
family home ownership opportunities will be provided throughout the
Washington Park neighborhood. He explained that the program
provides for development of a family self-sufficiency opportunity center
in the neighborhood in front of the Lincoln Terrace development on
Burrell Street which will offer educational and job training opportunities
for residents of the area to encourage economic growth and self-
sufficiency. He advised that funding sources, other than grant funds,
include $3 million from the Housing Authority's capital improvement
fund, $17.1 million in support from the City of Roanoke, $4.8 million in
borrowed funds, $3.5 million in new mortgages by home owners and
$750,000.00 in in kind contributions. He further advised that of the
$17.1 million in support from the City, funds have been spent as
follows: $10 million for renovation of Addison Middle School, $3 million
for widening the 10th Street corridor adjacent to the Washington Park
area, approximately $100,000.00 for future work in Washington Park,
$25,000.00 for a traffic signal at the intersection of 10th Street and Hunt
Avenue, and approximately $850,000.00 for the Lick Run Greenway. He
stated that approximately $3 million is needed for the Hope VI project
which includes $1.5 million for infrastructure improvements,
approximately $500,000.00 for homeownership incentives, and $1
million for a rehabilitation fund to encourage local banks to contribute
another $1 million which will enable a pool of approximately $2 - $2.5
million for rehabilitation of properties in the Washington Park
neighborhood. He advised that approximately $1 million per year is
9
needed from the City of Roanoke over the next three years, and
requested that Council consider appropriating up to $1 million for the
Hope VI project in fiscal year 1999-2000.
Fred A. Johnson, Director of Development, Roanoke
Redevelopment and Housing Authority, presented a briefing on
Shenandoah Place. He advised that the Housing Authority is working
in partnership with the Roanoke Foundation for Downtown, Inc., to
convert 8 North Jefferson Street, or the old GOB South building, into
approximately 80 luxury apartment units; and a feasibility study was
completed in November 1998 which reveals that the market supports
the need for the project and provides justification in terms of
prospective rents. He stated that a two-prong financing approach is
under consideration; i.e.: historic tax credits and working with a
mortgage company to pursue a 40 year loan through a 221(d)(4) loan
with the Department of Housing and Urban Development which means
that HUD will insure the loan through the mortgage company, and by
the summer of 1999, it is hoped to move forward following approval of
the loan by HUD.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to four requests for Executive Session to
discuss a personnel matter, specifically consideration of the
appointment of a particular person as Acting City Manager; a personnel
matter, specifically consideration of the appointment of a particular
person as Acting City Attorney; the disposition of publicly held
property for economic development purposes; and personnel matters
with regard to vacancies on various authorities, boards, commissions
and committees appointed by the Council.
COUNCIL-MINUTES: Minutes of an informal meeting of the
Roanoke City Council and the Alexandria City Council held on
October 5, 1998; and the regular meetings of Roanoke City Council held
on November 2 and November 16, 1998, were before the body.
10
(For full text, see Minutes on file in the City Clerk's Office.)
ACTION:
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ O.
CITY MANAGER-COUNCIL: A communication from Mayor
David A. Bowers requesting that Council convene in Executive Session
to discuss a personnel matter, specifically consideration of the
appointment of a particular person as Acting City Manager, pursuant
to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
11
ACTION:
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss a personnel matter,
specifically consideration of the appointment of a particular person as
Acting City Manager, pursuant to Section 2.1-344 (A)(I), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
CITY ATTORNEY-COUNCIL: A communication from Mayor
David A. Bowers requesting that Council convene in Executive Session
to discuss a personnel matter, specifically consideration of the
appointment of a particular person as Acting City Attorney, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before
the body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss a personnel matter,
specifically consideration of the appointment of a particular person as
Acting City Attorney, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
CITY MANAGER-ECONOMIC DEVELOPMENT-COUNCIL: A report
of the City Manager requesting that Council convene in Executive
Session to discuss the disposition of publicly held property for
economic development purposes, pursuant to Section 2.1-344 (A)(3),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
12
ACTION:
Mr. White moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property for economic development purposes, pursuant
to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
FIRE DEPARTMENT-EMERGENCY SERVICES: A communication
from Council Member Carroll E. Swain in connection with a review of
the City's current method of delivering fire and emergency medical
services, was before Council.
ACTION:
At the request of Council Member Swain, Mr. White moved that
the item be removed from the Consent Agenda for separate discussion.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
COMMITTEES-FLOOD REDUCTION/CONTROL: A report of the
City Manager responding to an inquiry of Council Member Swain on
January 4, 1999, requesting additional information on the Citizens
Advisory Committee for the Roanoke Valley Regional Storm Water
Management Plan, was before Council.
It was explained that the Citizens Advisory Committee was
established by the Technical Advisory Subcommittee to include two
representatives from each community (Roanoke City, Roanoke County,
Salem and Vinton), and five at-large members representing various
interests (homebuilders, agricultural, business and industry,
environmental and regional greenways); and Delegate A. Victor Thomas
was invited to serve on the committee.
(For full text, see report on file in the City Clerk's Office.)
13
ACTION:
ACTION:
ACTION:
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
COMMITTEES-PENSIONS: A communication from Martha P.
Franklin tendering her resignation as a member of the Board of
Trustees, City of Roanoke Pension Plan, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed
and that the resignation be accepted. The motion was seconded by Mr.
Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
BLUE RIDGE COMMUNITY SERVICES-COMMUNITY PLANNING-
OATHS OF OFFICE-COMMITTEES: The following reports of
qualification were before Council:
Dolores Y. Johns as a member of the Blue Ridge
Community Services Board of Directors for a term ending
December 31, 2001;
Gilbert E. Butler, Jr., as a member of the City Planning
Commission for a term ending December 31, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
14
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
ACTION:
REGULAR AGENDA
FIRE DEPARTMENT-EMERGENCY SERVICES: A communication
from Council Member Carroll E. Swain advising that of the City's 14
fire/emergency medical stations, six were constructed before 1930, with
two other stations being rental property; and currently, one new
fire/emergency medical station has been approved for the Peters Creek
Road Extension area and will replace one rental station.
Mr. Swain pointed out that over the past century, the City has
gone through major changes which impact the way fire and emergency
medical services are delivered; and annexations, new roadways,
construction of several bridges, age and construction of houses, as
well as population density all affect the way fire and emergency
medical services tasks should be organized. He added that given the
age and location of some of the City's fire/emergency medical services
stations, and considering the above mentioned changes, it is
appropriate and important to strategically look at how the City delivers
fire and emergency medical services. Therefore, before asking the City
Manager to undertake a comprehensive review of fire services and re-
engineering efforts, he would request the support of Council to
authorize a review.
Mr. Swain moved that the matter be referred to the City Manager
for study and report to Council. The motion was seconded by Mr.
Hudson and adopted.
(For full text, see communication on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the matter
would be referred to the City Manager for study and report to Council.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: On behalf of Dr. E. Wayne Harris, Rita D. Bishop,
Assistant Superintendent for Instruction, Roanoke City Schools,
presented a briefing on the "Character Counts" instructional program,
15
which is currently in effect at Fallon Park Elementary School. She
introduced Rita Duncan, Principal, and Richard Nottinger, Guidance
Counselor, Fallon Park Elementary School.
Ms. Duncan advised that the "Character Counts" instructional
program has become a reality because of a team effort of faculty and
staff, and on a daily basis students recite the Fallon Park pledge which
highlights "Character Counts" pillars that include returning lost items,
special kindnesses to others, and improvements related to academic
achievements. According to a teacher survey that was conducted at
the end of the first semester, she stated that attitude was rated good or
very good by the overwhelming majority of respondents, students are
completing homework and producing better quality work, attitude,
behavior and achievement have improved, the impact of "Character
Counts" on Fallon Park students has been positive, with suspensions
down by more than 60 per cent and referrals to the office for discipline
related issues having declined significantly. She advised that
"Character Counts" helps to support the Standards of Learning by
instilling in students the understanding that they are responsible for
their learning; adhering to the pillars of the program enable children to
work cooperatively on problem solving activities and brings depth to
the Standards of Learning by helping children to connect the
understanding of the "Character Counts" pillars to historical figures
and events and the program helps students to relate to literature and
current events in a more critical and inciteful way. She stated that the
goal of "Character Counts" is to help children show good character in
the schools, the home and the community.
Two students from Fallon Park Elementary School presented
information on the pillars of the "Character Counts" instructional
program.
Richard Nottinger, Guidance Counselor, Fallon Park Elementary
School, advised that since the "Character Counts" program has been
in effect, there has been less teasing, and bullying, children feel more
comfortable and safer in school, and they display characteristics of
thoughtfulness and consideration toward each other. He highly
commended the program.
16
The Mayor referred to a communication from Senator John S.
Edwards advising that the success of the program has been noted on
a local, state and national level, and he has introduced legislation in the
1999 Session of the General Assembly that would mandate similar
programs in elementary schools throughout the Commonwealth of
Virginia.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
BUDGET-SPECIAL EVENTS: William H. Carder, Member, Special
Events Committee, presented a briefing on annual activities for 1998
sponsored by the Roanoke Special Events Committee. He advised that
attendance at 1998 festivals was approximately 35,000 - 40,000 people,
with a direct economic impact to the City of $300,000.00, and presented
information on the details of each event. He explained that activities
are developed on a budget of $10,000.00 per year, however, it is
becoming more and more difficult to secure corporate sponsorships for
events and activities; therefor, he requested that Council review the
successes of the Special Events Committee and consider increasing
its budget for fiscal year 1999-2000. He stated that Roanoke is fast
becoming Virginia's "festival city" and with the proper support, special
events will continue to grow and to improve. He introduced other
members of the Special Events Committee who were in attendance in
support of the funding request.
Ms. Wyatt moved that the question of increasing the budget of
the Special Events Committee be referred to fiscal year 1999-2000
budget study. The motion was seconded by Mr. Swain and
unanimously adopted.
BONDS/BOND ISSUES-BUDGET-HOUSING/AUTHORITY-
JEFFERSON CENTER: William B. Hopkins, Sr., Attorney, representing
The Jefferson Center Foundation, Ltd., appeared before Council and
requested the City's approval of the issuance by the City of Roanoke
Redevelopment and Housing Authority of its revenue bonds, in a
principal amount not to exceed $4 million, to finance a portion of the
costs of renovating and equipping a 900 seat auditorium project in The
Jefferson Center.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
17
(#34171-021699) A RESOLUTION approving the issuance by the
City of Roanoke Redevelopment and Housing Authority of its revenue
bonds in a principal amount not to exceed $4,000,000.00 to finance a
portion of the costs of renovating and equipping a 900-seat auditorium
project in the Jefferson Center for the Jefferson Center Foundation, Ltd.
(For full text of Resolution, see Resolution Book No. 61, page 377.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34171-021699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
ECONOMIC DEVELOPMENT: Elizabeth S. Doughty, Executive
Director, appeared before Council and presented the Annual Report of
the Roanoke Valley Economic Development Partnership. She advised
that overall, the Partnership filled 857 inquiries last year, or an increase
of 12 per cent over the previous year, 34 prospects visited the Roanoke
region which was the third highest total in the Partnership's 16 year
history and of those 34 prospects, two-thirds were generated by the
Partnership's efforts and one-third came to the Partnership through the
Virginia Economic Development Partnership. She stated that
international prospect activity accounted for 25 per cent of all
prospects which was a five per cent increase from the previous year,
23 of the 34 prospects who visited the Roanoke Valley also visited and
considered the City of Roanoke, total visit days were up ten per cent
over the previous year, and the Partnership assisted with six
expansions and relocations and helped to create approximately 250
direct new jobs. She advised that in 1999, the Partnership will begin its
16th year of promoting the region for jobs and investment and the City
of Roanoke has been its partner from its inception in 1983; and during
that time, the Partnership has helped to create 65 expansions and
locations and one-half million dollars in investment, with more than
16,000 direct or indirect jobs that represent approximately $225 million
in annual payroll.
Without objection by Council, the Mayor advised that the remarks
of Ms. Doughty would be received and filed.
18
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting the following appropriations, was before
Council.
$1,309,937.00 for addition and improvement costs at Hurt
Park Elementary School. Funding will be provided by a
Literary Fund loan in the amount of $1,250,000.00 and
1997 Capital Bond funds in the amount of $$9,937.00.
$600.00 for the 1999 Superintendents-Judges Liaison
Committee Grant to provide reimbursement to the division
for costs of the meeting of area School Superintendents
and Judges to discuss the issue of violence in the
schools. This new grant program is 100% state funded.
$7,300.00 for the 1998 Western Virginia Regional Science
Fair being hosted by Roanoke City Schools. Participating
school districts will contribute toward the cost of the fair
with a local match to Roanoke City Schools of $2,000.00.
This is a continuing program.
$23,738.00 for the Jobs for Virginia Graduates program to
serve at least 25 economically disadvantaged students,
providing classroom training and work experience to
assist the students to prepare for high school graduation
or to sit for the General Education Development (GED)
examination. This new program will be reimbursed by
Federal funds totaling $10,000.00 with a local match of
$13,738.00.
$50,000.00 for Comprehensive School Reform
Demonstration Grant funds to provide for the replication
of successful intervention programs from other school
divisions. This new program at Roanoke Academy will
provide an advanced skills program which includes staff
development, remedial skills instruction, and parental
involvement. The program is 100 per cent reimbursed by
Federal funds.
19
$50,000.00 for Comprehensive School Reform
Demonstration Grant funds to provide for the replication
of successful intervention programs from other school
divisions. This new program at Lincoln Terrace will
provide an advanced skills program which includes staff
development, remedial skills instruction, and parental
involvement. The program is 100 per cent reimbursed by
Federal funds.
$50,000.00 for Comprehensive School Reform
Demonstration Grant funds to provide for the replication
of successful intervention programs from other school
divisions. This new program at Fallon Park will provide an
advanced skills program which includes staff
development, remedial skills instruction, and parental
involvement. The program is 100 per cent reimbursed by
Federal funds.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34172-021699) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School and School Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 380.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34172-021699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
20
ACTION:
BUDGET-CLERK OF COURTS-STATE COMPENSATION BOARD-
EQUIPMENT: A communication from the Honorable Arthur B. Crush, III,
Clerk of Circuit Court, requesting that Council authorize the City
Manager to accept Technology Trust Funds, in the amount of $9,575.00,
to provide for computer hardware and software upgrades, was before
Council.
It was advised that the Clerk of Circuit Court is responsible, by
statute, for the recordation of legal instruments; land and property
records must be maintained and available to the public; a copy of each
deed and land instrument, marriage license, judgment release and
financing statement is scanned and then microfilmed; the existing
system is not totally year 2000 compliant; and funding in the amount of
$9,515.00 is available from the Technology Trust Fund - Compensation
Board.
The Clerk of Circuit Court recommended that Council authorize
the City Manager to accept Technology Trust Funds, in the amount of
$9,515.00; and authorize the Director of Finance to establish a revenue
estimate in the General Fund, in the amount of $9,515.00 and
appropriate $9,515.00 to Account No. 001-028-2111-2010 (Clerk of
Circuit Court - Fees for Professional Services).
The City Manager submitted a written report concurring in the
recommendation of the Clerk of Circuit Court.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34173-021699) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 383.)
Mr. Hudson moved the adoption of Ordinance No. 34173-021699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
21
ACTION:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
Mr. Hudson offered the following resolution:
(#34174-021699) A RESOLUTION authorizing acceptance of a
Technology Trust Fund grant from the Commonwealth of Virginia
Compensation Board to be used in connection with upgrading certain
record keeping functions to provide for Year 2000 compliance in the
Office of Clerk of Circuit Court, and 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.
(For full text of Resolution, see Resolution Book No. 61, page 384.)
Mr. Hudson moved the adoption of Resolution No. 34174-021699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
TAXES-COMMUNICATIONS DEPARTMENT-TELEPHONE
EQUIPMENT: The City Manager and the Director of Finance submitted
a joint written report advising that in January 1996, Congress passed
the Telecommunications Act of 1996 and the Act was signed into law
by the President in February 1996; the new Act was designed to remove
regulatory barriers and encourage new business among all types of
communications companies; the Act preempts all state and local laws
that prohibit or have the effect of prohibiting a business from providing
telecommunication services; after passage of the Act, disputes arose
among localities, the Virginia Department of Transportation (VDOT),
22
and telecommunications carriers as to what charges or compensation
localities could impose on or require from telecommunications carriers
for the use of the rights-of-way within the localities or VDOT's rights-of-
way; in response to the controversy, the 1997 General Assembly
amended Virginia Code Sections 56-458 and 56-462 to require the
localities to maintain their charges as of February 1, 1997, until July 1,
1998; the purpose of the amendments was to allow the
telecommunications carriers and the localities to try and resolve the
controversy between the parties; and the 1998 General Assembly
addressed the issues of compensation or charges localities and VDOT
could impose on or require from telecommunications carriers for the
use of rights-of- way.
It was further advised that the legislation basically provides that
a locality or VDOT cannot charge a certificated provider of
telecommunications service for the use of the public rights-of-way
except in the manner prescribed in §56-468.0, provided, however, that
any localities that have current existing franchises or ordinances can
continue with enforcement until they expire in lieu of receiving the use
fee; the amount of the use fee is to be calculated annually by VDOT and
shall not be less than $.$0 per access line per month and may be
increased yearly; the use fee is collected by the telecommunications
local exchange carrier or carriers for each jurisdiction and remitted to
the locality on a quarterly basis within two months of the end of each
calendar quarter; localities, including the City of Roanoke, must now
decide whether to enact an ordinance adopting the public rights-of-way
use fee; if an ordinance imposing the new fee is not adopted, a locality
will not be able to collect from certificated telecommunications service
providers for their use for the rights-of-way within the locality since
new franchise fees can no longer be charged to these
telecommunications providers, however, if the use fee is not adopted,
current franchise fees can be collected until the franchise expires; and
whether a locality adopts the public rights-of-way use fee or not, the
telecommunications providers still need to obtain authority from the
locality to use the rights-of-way and the locality is entitled to manage
and control its rights-of-way in a nondiscriminatory manner.
It was explained that if the public rights-of-way use fee is
adopted by Council, it would take the place of franchise fees currently
in effect for Bell Atlantic, R & B Network, Inc., and the portion of Cox
Communication's business that is related to telecommunications, but
would not affect the cable television fee; the current estimate of fee
collections and credits under the current franchise ordinances and
23
agreements is approximately $72,000.00 per year; revenues that the
City would realize under the public rights-of-way use fee are estimated
to be at least $385,000.00 per year, and revenue for the first year would
be as follows:
Full Year
Loss of Franchise Fee
Sub-total
75%
(4th Quarter remitted within
2 months of closeout)
1st year Rev.
$385,000.00
-72,000.00
$313,000.00
-78.250.00
$234,750.00
It was advised that if adopted by Council, the collection of the
public rights-of-way use fee would be effective July 1, 1999; under the
current statute, localities must notify the appropriate local exchange
carriers for their jurisdictions on or before March 15 preceding the
fiscal year in which they intend to impose the public rights-of-way use
fee, if adopted; thus, if the City of Roanoke wishes to adopt the public
rights-of-way use fee for the fiscal year starting July 1, 1999, it must do
so in sufficient time to allow the City Clerk to notify the appropriate
telecommunications providers before March 15, 1999; and regardless
of whether the City adopts the use fee, a final telecommunications
regulatory ordinance will need to be enacted by the City to address
issues dealing with the use of the City's rights-of-way by the
telecommunications providers that are now located in or will be coming
into the City.
The City Manager recommended that Council adopt a public
rights-of-way use fee as provided for by Virginia Code Section 56-468.1
for fees covered by that statute to be collected as of July 1, 1999, and
authorize the City Clerk to notify the affected certificated providers of
local exchange telephone service in the City of Roanoke before March
15, 1999, that the City has adopted such fee and that they are required
to collect the fee pursuant to the statute and remit the fee to the City in
accordance with the statute and that all other obligations or
agreements among telecommunications providers and the City, except
as to fees covered by the rights-of-way use fee or other matters under
the statute, shall remain in full force and effect.
(For full text, see report on file in the City Clerk's Office.)
24
ACTION:
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS-BUDGET: The City Manager
submitted a written report advising that the Roanoke River Interceptor
Sewer Replacement Project is part of the renovation and expansion of
joint use sewer facilities considered by Council at its meeting on
December 13, 1993; the Roanoke River Interceptor Sewer Replacement
Project replaces the existing interceptor sewer from the Water Pollution
Control Plant to the Salem City limit; Contracts C, D, and E replace the
existing Roanoke River Interceptor from Wasena Park at Winchester
Street to the Salem City limit; and these contracts represent a total of
20,245 feet (3.8 miles) of sewer replacement.
It was further advised that the project has progressed well to
date and is approximately 40 per cent complete, with a scheduled
completion date of September 23, 1999; during excavation for the
proposed sewer near Bridge Street, household solid waste was
encountered; the total cost for sorting, loading, hauling and disposal
of the waste is $135,558.68; field conditions at the connection of the
Mudlick Creek sewer to the new interceptor sewer required increasing
the size of the proposed pipe from 12 inches to 30 inches, at a total
cost of $40,617.00; it was necessary to add a manhole to the Peters
Creek connection to the new interceptor sewer, at a total cost of
$4,768.61; it is necessary to revise the connection to the existing
interceptor sewer at the end of the project which includes a large
manhole structure, at a total cost of $70,000.00; and proposed Change
Order No. 3 will provide for the items listed above, for a total change
order cost of $180,944.29.
It was noted that construction cost of the project (Contracts C,
D, and E) is estimated as follows:
Initial Contract
Change Order No. 1
Change Order No. 2
Proposed Change Order No. 3
$12,931,078.00
19,200.00
63,42O.O0
250,944.29
Total
$13,264,642.29
25
ACTION:
The proposed change order cost is apportioned between the
participating jurisdictions as follows:
City of Roanoke
City of Salem
Roanoke County
36.7% $ 92,096.55
33.7% 84,568.23
29.6% 74,279.51
$250.944.29
Remaining project contingency after Change Order No. 3 is
$312,989.71; and 48 per cent of the project contingency remains after
Change Order No. 3.
The City Manager recommended that he be authorized to execute
Change Order No. 3, in a form to be approved by the City Attorney, with
Casper Colosimo & Sons, Inc., in the amount of $250,944.29 and zero
additional calendar days of contract time.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#34175-021699) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 3 to the City's contract with Casper
Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer
Replacement Contracts C, D, & E; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 385.)
Mr. Swain moved the adoption of Ordinance No. 34175-021699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson and
Swain ......................................................................................... 6.
NAYS: Mayor Bowers .......................................................... 1.
POLICE DEPARTMENT-BUDGET-CITY JAIL-TRAFFIC-CITY
INFORMATION SYSTEMS: The City Manager submitted a written report
advising that in 1987, Council authorized implementation of the existing
Computer Aided Dispatch System (CAD); the original system vendor no
longer supports this system and it is not Year 2000 compliant, and the
system will cease functioning in October, 1999; the existing Police
26
Records Management System (RMS) was originally developed by City
staff approximately 20 years ago; the Mobile Computing/Wireless
Upgrade (KDTs) were placed in mobile public safety units to allow for
silent dispatch of units, motor vehicle and criminal history inquiries
from the field, and access to specific City databases such as personal
property and decal lookup; and these terminals are approaching
obsolescence and continue to experience downtime due to usage and
unavailable parts.
It was further advised that the Jail Management System (JMS)
was developed by City staff in 1989 and addressed four major
components of jail operations: administration, jail security, inmate
services and court services; the existing system does not provide the
necessary functionality for an integrated efficient operation of the
facility in today's environment; the proposed Automated Public Safety
System is to be comprised of a Computer Aided Dispatch System
(CAD), a Police Records Management System (RMS), a Mobile
Computing/Wireless Upgrade and a Jail Management System (JMS);
and it is essential that all of the above systems be replaced with an
integrated Public Safety System to further enhance the efficiency and
effectiveness of all public safety services.
It was explained that the management consulting firm of Dorsey-
Pages, LI_C was selected to assist in identifying the public safety needs
of the City, developing and preparing proposal specifications,
participating in proposal evaluations, and contract negotiations;
specifications for a Request for Proposal for software and professional
services were developed and provided to 46 firms requesting
consideration; 16 responses were received, all proposals were
evaluated in a consistent manner, discussions were held with the three
highest ranked offerers which were Printrak International, Inc., Tiburon,
Inc., and Vision Software, Inc.; after interviews were conducted,
demonstrations and site visits were completed and references were
verified, the firm of Printrak International, Inc., was determined to be the
vendor of choice to provide a totally integrated solution for all of the
City of Roanoke's Public Safety Systems; specifications for a Request
for Bids for the Computer Aided Dispatch Hardware for the Public
Safety System were sent to 23 providers; and one bid was received
from Printrak International, Inc., which meets all required specifications
for a total cost of $303,245.00.
27
It was advised that two Byrne Grants were applied for from the
Virginia Department of Criminal Justice Services (DCJS); both grants
have been approved under the Criminal Records Improvement/Incident
Based Reporting project providing for a contribution of $237,350.00 in
Federal funding toward the total cost of the project; a local cash match
of $93,000.00 is required for the two grants; Council previously
authorized the City Manager to accept the grants, pursuant to
Resolution No. 34032-100798 and Resolution No. 34033-100798; and
system implementation, if authorized by Council, will be conducted in
the following primary phases:
Phase I (Total Cost $2,886,280.00) consists of software,
hardware, and professional services for the Computer
Aided Dispatch System, Police Records Management
System, Mobile Computing/Wireless System Upgrades (to
allow continued temporary use of existing KDTs until
replacement units can be acquired), and the Jail
Management System.
Phase II (Estimated Cost $1,000,000.00) consists of final
upgrades to the Mobile Computing/Wireless System and
purchase of laptop computers to replace KDTs in mobile
public safety units. A second Council report regarding
this project will be forthcoming in the next 12 months to
award a bid and appropriate funding. A recommended
funding scenario for this phase of the project will be
presented as part of the recommended budget for fiscal
year 1999-2000; in the interim, all alternative funding
sources will be pursued to reduce the local cost for this
project.
Recommended funding sources for Phase I of the Automated
Public Safety System are as follows:
City Information System Fund Project Accounts
($332,453.00 of this amount is from E911 taxes
accumulated over the past three fiscal years.
$300,000.00 of this amount was appropriated from
Jail Recovered Costs during fiscal year 1997-98
by City Council.)
$1,082,990.00
City Information Systems Fund Retained Earnings 700,000.00
Fiscal year 1998-99 Capital Maintenance and
Equipment Replacement Program funding for
327,958.00
28
information technology
Jail-Recovered Costs for fiscal year 1998-99
$ 250,000.00
Byrne Grants from Virginia Department of
Criminal Justice Services
237,350.00
Subtotal - fiscal year 1998-99
$2.598.298.00
General Fund Appropriation to City Information
Systems Fund for fiscal year 1999-2000
(This is a continuation of funding included in the
fiscal year 1998-99 General Fund budget for this
project, and does not require new funding.)
193,357.00
Jail-Recovered Costs for fiscal year 1999-2000
94,625.00
Subtotal - fiscal year 1999-2000
$ 287.982.00
Total $2,886,280.00
Phase I of the project will be implemented during fiscal years
1998-99 and 1999-2000, and the total cost of $2,886,280.00 for Phase I
will be spread over the two fiscal years; $2,598,298.00 in funding is
needed at the present time to execute a contract with Printrak
International, Inc., for software and professional services, in the
amount of $2,017,172.00; accept the bid of Printrak International, Inc.,
for Computer Aided Dispatch Hardware, for a total cost of $303,245.00;
and provide for the purchase of other server, network and workstation
components totaling $277,881.00; necessary items will be purchased
at a later date and in accordance with the procurement section of the
Code of the City of Roanoke; and remaining funding required for Phase
I totaling $287,982.00 will be included in the recommended budget for
fiscal year 1999-2000.
The City Manager recommended that Council award a contract,
in a form to be approved by the City Attorney, to Printrak International,
Inc., to provide software and professional services, in the amount of
$2,017,172.00; accept the bid of Printrak International, Inc., for
Computer Aided Dispatch Hardware, at a cost of $303,245.00; and
authorize the City Manager to enter into a contract, in a form to be
approved by the City Attorney, with Printrak International, Inc., in the
total amount of $2,320,417.00, to provide software, hardware and
professional services.
29
ACTION:
The City Manager further recommended that the Director of
Finance be authorized to establish a new project account entitled,
"Automated Public Safety System" in the City Information Systems
Fund and appropriate or transfer $2,598,298.00 in funding from the
following sources to fund the contract for software and professional
services from Printrak International, Inc., ($2,017,172.00), for Computer
Aided Dispatch Hardware from Printrak International, Inc., ($303,245.00)
and provide for the purchase, at a later date, of the necessary server,
network and workstation hardware components ($277,881).
City Information Systems Fund Project Accounts
013-052-9801 $430,000.00
013-052-9804 310,537.00
013-052-9807 332,453.00
013-052-9817 10,000.00
City Information Systems Fund Retained Earnings
Capital Maintenance and Equipment Replacement
Program for fiscal year 1998-99
Jail-Recovered Costs (001-024-3310-8005)
Grants from the Commonwealth of Virginia
Department of Criminal Justice Services
$1,082,990.00
700,000.00
327,958.00
250,000.00
237.350.00
Total $2.598.298.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34176-021699) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General, City Information Systems and Grant
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 386.)
Mr. Hudson moved the adoption of Ordinance No. 34176-021699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
Mr. Hudson offered the following emergency ordinance:
3O
ACTION:
(#34177-021699) AN ORDINANCE accepting the proposal of
Printrak International, Inc., for all software and professional services to
implement Phase I of the Automated Public Safety System, upon
certain terms and conditions; accepting the bid of Printrak
International, Inc., to provide computer aided dispatch hardware;
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such software, hardware and
services; rejecting all other proposals made to the City for the aforesaid
software and professional services; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 388.)
Mr. Hudson moved the adoption of Ordinance No. 34177-021699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
POLICE DEPARTMENT-BUDGET: The City Manager submitted a
written report advising that the Virginia General Assembly passed State
legislation in 1991, Section 18.2-249, Code of Virginia, which allows
local law enforcement to seize and have forfeited property connected
with illegal narcotics distribution; and the law also makes it possible for
police departments to receive proceeds from these forfeited properties.
It was further advised that the Police Department receives
additional funds periodically from the State asset sharing program;
grant requirements include that these funds be placed in an interest
bearing account and that the interest earned be used in accordance
with program guidelines; Council action is required to accept additional
funds to be disbursed in accordance with provisions of the program;
revenues collected from June 15, 1998 through December 31, 1998, for
this grant are $147,253.00 and are recorded in Grant Account Nos. 035-
035-1234-7133 and 035-035-1234-7270; and funding received in excess
of estimated revenue, totaling $17,876.00, needs to be appropriated at
this time.
The City Manager recommended that Council accept assets from
the Forfeited Asset Sharing Program and appropriate $10,000.00 to
Grant Fund Account Capital Outlay/Other Equipment (035-050-3302-
31
ACTION:
9015); appropriate $7,876.00 to Grant Fund Account Expendable
Equipment (<$1000.00) (035-050-3302-2035); and increase the revenue
estimate in Account Nos. 035-035-1234-7133 for $14,662.00 and 035-
035-1234-7270 for $3,214.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#34178-021699) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 390.)
Mr. White moved the adoption of Ordinance No. 34178-021699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
POLICE DEPARTMENT-BUDGET: The City Manager submitted a
written report advising that Congress amended 21 USC. Sec. 881 el-4,
October, 1986, which authorized the transfer of certain Federally
forfeited property to state and local law enforcement agencies that
participated in the investigation and seizure of the property.
It was further advised that the Police Department receives
additional funds periodically from the Federal Government's Asset
Sharing Program; grant requirements include that these funds be
placed in an interest bearing account and the interest earned must be
used in accordance with program guidelines; action by Council is
required to accept additional funds to be disbursed in accordance with
provisions of the program; and revenues totaling $72,487.00 have been
collected and are available for appropriation in Grant Fund Account
Nos. 035-035-1234-7184 and 035-035-1234-7247.
The City Manager recommended that Council accept assets from
the Federal Forfeited Property Sharing Program and appropriate
$72,487.00 to the Grant Fund Account for Investigations and Rewards
32
ACTION:
No. 035-050-3304-2150 and increase the Grant Fund Revenue Account
No. 035-035-1234-7184 by $68,866.00 and Grant Fund Revenue Account
No. 035-036-1234-7247 by $3,621.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34179-021699) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 391.)
Mr. Harris moved the adoption of Ordinance No. 34179-021699.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
BUDGET-FDETC: The City Manager submitted a written report
advising that the Fifth District Employment and Training Consortium
(FDETC) administers the Federally funded Job Training Partnership Act
(JTPA) for the Fifth Planning District; the FDETC serves eligible
residents in the counties of Alleghany, Botetourt, Craig and Roanoke,
as well as the cities of Clifton Forge, Covington, Roanoke and Salem;
the agency serves two primary client populations which are dislocated
workers and the economically disadvantaged; and the City of Roanoke
is grant recipient for FDETC funding and Council must appropriate the
funding for all grants and other monies received by the Consortium.
It was further advised that the Governor's Employment and
Training Department issued a Notice of Award #99-03-06 for an
additional $150,000.00 to be used to assist dislocated workers with
retraining, relocation, and related supportive services; the Governor's
Employment and Training Department notified the Consortium of an
incentive award of $23,270.00 (Notice of Award 99-03-05); the
Consortium was awarded the incentive funds, which will be used for
administrative costs, for meeting and/or exceeding performance
standards issued by the Department of Labor; the Governor's
33
ACTION:
Employment and Training Department has issued Notice of Award #98-
03-17, for carry-in funds from the previous fiscal year: Title II-A
(Disadvantaged Adult) - $11,467.00, Title II-C (Disadvantaged Youth) -
$8,403.00, Title III (Dislocated Workers) - $1,390.00; Family Services of
Roanoke Valley has entered into an agreement with the Consortium, in
which the Consortium has agreed to provide job placement assistance
to approximately 100 referrals from Drug Court during the 12 month
period from November 1998 to October 1999; and Family Services of
Roanoke Valley will pay $19,795.00 to the Consortium for this service.
The City Manager recommended that Council appropriate funds
totaling $214,325.00, and increase the revenue estimate by $214,325.00,
in accounts to be established in the Consortium Fund by the Director
of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#34180-021699) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Consortium Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 392.)
Mr. White moved the adoption of Ordinance No. 34180-021699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
TRAFFIC-SIGNALS AND ALARMS-EQUIPMENT-PROCUREMENT
CODE: The City Manager submitted a written report advising that the
Central Business District (CBD) traffic signal system coordinates the
operation of 44 signalized intersections in the downtown area; funding
in the amount of $1,350,000.00 was included in the 1996 Bond
Referendum for plans and equipment needed to replace the existing
system which has been in operation for approximately 20 years; an
engineering services contract with Wilbur Smith Associates was
approved in an amount not to exceed $163,148.00 by Council on
34
January 21, 1997, for design services for the CBD traffic signal system
and plans are almost complete for bid by March, 1999; the Traffic
Engineering Division and the City's consultant, Wilbur Smith
Associates, considered alternative procurement methods and
determined that competitive negotiation for the procurement of other
than professional services is the best method for procuring a new
computerized traffic signal system; and under this method, proposers
are required to demonstrate experience in the implementation of traffic
signal systems, including construction, software development,
integration, system maintenance and related activities for systems
similar in size and scope to the City's project.
It was further advised that in order to use this procurement
method, Council is requested to make a determination that competitive
sealed bidding is not fiscally advantageous to the public, and that
Council adopt a resolution documenting the basis for this
determination; for the procurement of a new computerized traffic signal
system, competitive sealed bidding will not guarantee the selection of
a contractor who can provide a quality computerized signal system at
the best economic value for the City; and a bidder who meets the
minimum qualification requirements stated in the invitation for bids
could provide a computerized signal system that is more cumbersome
to operate and more difficult to maintain, resulting in less efficient
traffic operations, and higher than necessary costs to maintain the
system.
It was explained that competitive sealed bidding is not
practicable or fiscally advantageous to the City for the procurement of
a new computerized traffic signal system because the process does not
guarantee the selection of a contractor that can provide a quality signal
system at the best economic value for the City; competitive sealed
bidding requires the award of a contract to the lowest responsive
bidder who meets the minimum qualification requirements stated in the
invitation for bids, a sort of "pass-fail" determination; competitive
sealed bidding allows little flexibility in considering and ranking
proposers, based on the extent to which proposers' qualifications may
exceed those minimum requirements; and competitive sealed bidding
does not allow negotiation of price with proposers, thereby not
allowing the City to ensure that it is receiving the best economic value
in procuring a service.
35
The City Manager recommended that Council adopt a resolution
determining that the procurement method known as competitive sealed
bidding is not fiscally advantageous to the City for the procurement of
a new computerized traffic signal system, and documenting the basis
for this determination, thereby allowing the use of the procurement
method known as competitive negotiation for the procurement of a new
computerized traffic signal system.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#34181-021699) A RESOLUTION designating the procurement
method known as competitive negotiation, rather than the procurement
method known as competitive sealed bidding, to be used for soliciting
proposals for a new computerized traffic signal system for the central
business district of the City and documenting the basis for this
determination.
(For full text of Resolution, see Resolution Book No. 61, page 394.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 34181-021699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
CITY CLERK:
CITY CLERK-SCHOOLS: A report of the City Clerk advising that
on June 30, 1999, the three year terms of office of Charles W. Day and
Brian J. Wishneff as Trustees of the Roanoke City School Board will
expire; pursuant to Chapter 9, Education, of the Code of the City of
Roanoke (1979), as amended, establishing a procedure for the election
of School Board Trustees, Council must hold certain meetings and take
certain actions during the months of March, April and May to conform
with the selection process; whereupon, she requested the concurrence
of Council in establishing specific dates.
36
ACTION:
ACTION:
In view of the fact that a Member of Council had a conflict with
one of the proposed dates, without objection by Council, the Mayor
advised that action on the report would be deferred until the regular
meeting of Council on Monday, March 1, 1999, at 2:00 p.m.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ROANOKE CIVIC CENTER: Ordinance No. 34165, extending the
Food/Beverage Concession Management Contract agreement between
the City of Roanoke and The Swanson Corporation for a period of two
months, with an option upon mutual agreement of the parties to extend
the contract month-to-month, up to an additional one year unless
terminated sooner by either party, pursuant to Section 4 of the contract,
having previously been before the Council for its first reading on
Monday, February 1, 1999, read and adopted on its first reading and laid
over, was again before the body, Mr. Harris offering the following for its
second reading and final adoption:
(#34165-021699) AN ORDINANCE extending the Food/Beverage
Concession Management Contract agreement between the City of
Roanoke and The Swanson Corporation for a period of two months with
an option upon mutual agreement of the parties to extend the contract
month-to-month up to an additional one year unless terminated sooner
by either party pursuant to Section 4 of the contract.
(For full text of Ordinance, see Ordinance Book No. 61, page 374.)
Mr. Harris moved the adoption of Ordinance No. 34165-021699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
37
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
CITY MANAGER-COUNCIL: Mr. White moved that Council
approve the following procedure for selecting a new City Manager:
Meetings will be scheduled to receive the views of citizens
on the qualifications, skills and attributes that the next
City Manager should possess, which meetings will be
conducted by trained facilitators and the information
obtained from the meetings will be used in preparing a job
description for the recruitment and selection process.
Concurrently, three Members of Council will be assigned
the responsibility of meeting with appropriate City officials
to identify an executive search firm that would assist the
Council in the selection process. The three Members of
Council will forward the results of their research to the full
Council which will ultimately select the executive search
firm to be employed. The executive search firm will assist
Council in developing a schedule and sequence of events
to be followed in the selection process and these steps
will be reviewed and approved by Council at regular
intervals throughout the selection process.
The motion was seconded by Mr. Swain and unanimously
adopted.
Council Member Wyatt suggested that in addition to the public
input sessions, citizens should be encouraged to provide input via the
City's website and also advised of the opportunity to provide input
through information to be included on the City Page of The Roanoke
Times.
CITY CLERK-CITY ATTORNEY-COUNCIL: Mr. Trout moved that
Council adopt the following procedure for selecting a new City
Attorney:
The City Clerk was instructed to publish the appropriate
advertisement in those publications to be recommended
by the City Attorney requesting that applications be
received by the City Clerk's Office on or before 5:00 p.m.,
on Wednesday, March 31, 1999.
38
The public will be invited to offer comments regarding the
City Attorney selection process or concerning an
applicant for the position of City Attorney at regular
meetings of City Council to be held on Monday, March 1,
1999, at 2:00 p.m., and Monday, March 15, 1999, at
2:00 p.m. and 7:00 p.m., respectively.
The motion was seconded by Mr. Swain and unanimously
adopted.
REFUSE COLLECTION: Council Member Swain inquired as to
whether the City can legally issue a citation to those persons who
habitually violate guidelines for collection of household refuse
containers. The City Manager advised that the solid waste issue is
currently under study by the Municipal Auditor and the Audit
Committee.
Council Member Hudson inquired as to when new refuse
collection containers are scheduled for delivery; whereupon, the
Director of Public Works advised that he would respond to the
question.
LIBRARIES: Council Member Wyatt requested a report within 30
days in regard to installing computers in City libraries for use by
citizens.
It was the consensus of Council that the matter would be referred
to the City Manager for report to Council within 30 days.
COUNCIL-CABLE TELEVISION: There was discussion with regard
to taping the 12:15 p.m., Council briefings which are held in the City
Council Chamber; whereupon, it was the consensus of Council that the
12:15 p.m. briefings will be taped by RVTV Channel 3 and replayed
following the 2:00 p.m., and 7:00 p.m., Council meetings. (Vice-Mayor
Harris voted no.)
CELEBRATIONS-VIRGINIA TRANSPORTATION MUSEUM: Council
Member White commended Council Member Carroll E. Swain for his
contributions in connection with an activity which was held at the
Virginia Museum of Transportation on February 6, 1999, "African
American Heritage on the Norfolk and Western Railway - 1930-1970."
39
ACTION:
ACTION:
REFUSE COLLECTION: Council Member Wyatt inquired if brush
is deposited on an interim basis under Memorial Bridge; whereupon,
the Director of Public Works advised that he would research the
question and respond accordingly.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
At 5:25 p.m., the Mayor declared the meeting in recess.
At 6:40 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that there is a vacancy on the
Roanoke Neighborhood Partnership Steering Committee created by the
resignation of Acree Hayes, and called for nominations to fill the
vacancy.
Mr. Trout placed in nomination the name of S. Elaina Loritts.
There being no further nominations, Ms. Loritts was appointed
as a member of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 30, 2001, by the following vote:
FOR MS. LORITTS: Council Members Trout, White, Wyatt, Harris,
Hudson, Swain and Mayor Bowers ................................................. 7.
4O
CITY ATTORNEY-CITY MANAGER-COUNCIL: The Mayor
announced that immediately following the 7:00 p.m., Council session,
Council would reconvene in Executive Session to discuss two
personnel matters, i.e.: consideration of the appointment of a particular
person as Acting City Manager and consideration of the appointment
of a particular person as Acting City Attorney, pursuant to Section 2.1-
344 (A) (1), Code of Virginia (1950), as amended.
At 6:45 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Tuesday, February 16, 1999, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance, Mayor
Bowers presiding.
PRESENT: Council Members James O. Trout, William White, Sr.,
Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain
and Mayor David A. Bowers .......................................................... 7.
ABSENT: None ................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Mayor
Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
POLICE DEPARTMENT-COMPLAINTS: Mr. Scoff Johnson, who
identified himself as a gay man living in a monogamous relationship for
12 years and residing in the Wasena neighborhood, appeared before
Council in connection with police arrests in Wasena Park. He advised
that in response to two or three complaints per year, the Police
Department, in cooperation with the Commonwealth Attorney's Office,
carried out an undercover operation in Wasena Park last fall to find and
41
arrest gay men who were presumed by police to be soliciting other men
for sex. He stated that in many cases, these men were approached by
police officers who first brought up the subject of sex which makes
police action seem like entrapment; and this is the kind of action that
makes it uncomfortable for gay men to congregate which is something
that the rest of society takes for granted. He explained that this is not
the first time that gay men have been arrested in a City park and
according to police records, both gay and straight people were arrested
in many parts of the City for public sexual activity. He stated that these
men were not arrested for public sexual activity which is a
misdemeanor, but they were arrested for soliciting sexual activity, or
talking about sexual activity, which in the Commonwealth of Virginia is
a felony. He explained that oral sex between two consenting adults,
regardless of gender, relationship or location, is a felony in Virginia
which means that a straight married couple in the privacy of their own
bedroom is committing a felony if they have oral sex. He advised that
18 men were arrested for the felony of having a conversation about sex,
18 men had their lives forever altered because they were in the park on
those particular evenings, 18 men may have their careers ruined, or
lose the right to own a gun, or to hold public office or to vote, and 18
men may go to prison for simply having a conversation about sex. He
stated that he has observed straight people having sex in Wasena Park
and none have been arrested and only one straight person was
arrested in any part of the City for soliciting oral sex according to
official police records. He advised that he was not present to support
the right of anyone to engage in sex in public, but to support laws
against public sexual acts, and he was not present to protest the work
of the police department, but to support the police in their efforts to
protect lives. He stated, however, that he was present to protest the
selective enforcement of an outdated law that threatens, with
imprisonment, gay citizens for engaging in conversation, and the
Commonwealth of Virginia's law that makes private sexual conduct
between consenting adults a criminal act and until the law is repealed
by the legislature, it should not be enforced.
It was the consensus of Council that the matter would be referred
to the City Manager and the City Attorney for report to Council.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Tuesday, February 16, 1999, at 7:00 p.m., or as soon
42
thereafter as the matter may be heard, on the request of John G.
McLeod and Kathryn L. McLeod, that a tract of land located at 2619
Belle Avenue, N. E., identified as Official Tax Nos. 3410302 - 3410307,
inclusive, be rezoned from RM-I, Residential Multifamily, Low Density
District, to C-1, Office District, subject to certain conditions proffered
by the petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, January 28, 1999, and Friday, February 5,
1999, and in The Roanoke Tribune on Thursday, February 4, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to use the existing commercial
building and surrounding grounds as a day care center, was before
Council.
ACTION:
The City Planning Commission recommended that Council
approve the request for rezoning, and advised that the subject property
has been used as a day care center in the past; and rezoning the
property to C-1, with conditions, permits the property to be used only
as a day care center in compliance with the proffered development
plan.
(For full text, see report on file in the City Clerk's Office.)
J. Alexander Boone, Attorney, appeared before Council in
support of the request of his clients.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34182) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 341, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 61, page 399.)
The motion was seconded by Mr. Harris.
43
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 34182 was adopted, on its first reading, by the
following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Tuesday, February 16, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Lindymack
Corporation that a tract of land lying on the westerly side of Grandin
Road, S. W., located at 1711 Grandin Road, identified as Official Tax No.
1440607, be rezoned from RM-2, Residential Multifamily District,
Medium Density District, to C-1, Office District, subject to certain
conditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, January 28, 1999, and Friday, February 5,
1999, and in The Roanoke Tribune on Thursday, February 4, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to change the zoning
classification of one parcel, comprising 0.367 acre, more or less, into
a zoning classification that would permit the existing structure to be
used as corporate and administrative offices for Castle Sand of New
Castle, Virginia, a locally owned sand-mining company, was before
Council.
The City Planning Commission recommended that Council
approve the request for rezoning.
(For full text, see report on file in the City Clerk's Office.)
Laura M. Holbrook, Attorney, appeared before Council in support
of the request of her client.
44
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34183) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 144, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 61, page 400.)
The motion was seconded by Mr. Hudson.
The Mayor inquired if theirs were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 34183 was adopted, on its first reading, by the
following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ O.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Tuesday, February 16, 1999, at 7:00
p.m., or as soon thereafter as the matter may be heard, on the request
of Lonza E. Kingery, Joseph M. Andrews and Mary A. Andrews, that an
alley located between the 900 blocks of Shenandoah Avenue and
Centre Avenue, N. W., be permanently vacated, discontinued and
closed, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, January 18, 1999, and Friday, February 5,
1999, and in The Roanoke Tribune on Thursday, February 4, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
public right-of-way of this public alley has become a popular dumping
site and is currently littered along its west end with old appliances,
tires, and other miscellaneous junk; and the applicant wishes to clean
45
ACTION:
up the alley area behind the property (Official Tax No. 2112513), and
intends to use the land within the vacated alley area as an adjunct to
the property.
The City Planning Commission recommended that Council
approve the request, subject to certain conditions.
(For full text, see report on file in the City Clerk's Office.)
William E. Callahan, Jr., Attorney, appeared before Council in
support of the request of his clients.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34184) AN ORDINANCE permanently vacating, discontinuing
and closing a certain public right-of-way in the City of Roanoke,
Virginia, as more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 61, page 401.)
The motion was seconded by Mr. Harris.
The Mayor inquired if theirs were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 34184 was adopted, on its first reading, by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
AIRPORT-CITY PROPERTY-LEASES-WATER RESOURCES:
Pursuant to Resolution No. 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for
Tuesday, February 16, 1999, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the proposal of the City of Roanoke to extend
the lease of a 2.0 acre parcel of land located at 1302 Municipal Road,
N. W., to The Hertz Corporation for a period of five years, the matter
was before the body.
46
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, February 7, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
At the Council meeting on Monday, February 1, 1999, the Water
Resources Committee submitted a written report recommending the
appropriate lease agreement with The Hertz Corporation for a term of
five years, effective December 1, 1998 and ending November 30, 2003,
at a total lease fee of $118,319.00 over the five year period, for said
corporations maintenance, servicing and storage facilities at 1302
Municipal Road, N. W.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34185) AN ORDINANCE authorizing the proper City officials to
enter into a lease agreement between the City and The Hertz
Corporation for use of a 2.0-acre parcel of City-owned land at 1302
Municipal Road, N. W., for said corporation's maintenance, servicing
and storage facilities, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 404.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34185 was adopted, on its first reading, by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
OTHER HEARING OF CITIZENS:
47
ACTION:
PAY PLAN-CITY EMPLOYEES: Mr. Lylburn C. Ollie, 1522 Rorer
Avenue, S. W., a City employee, appeared before Council and reiterated
a previous request under date of January 19, 1999, that his five per cent
longevity step, which was included in a previous City pay plan, be
granted.
It was the consensus of Council that the remarks of Mr. Ollie
would be referred to the City Manager for report to Council.
POLICE DEPARTMENT-TAXES: Ms. Freeda Catheart, 2516
Sweetbriar Avenue, S. W., addressed Council in regard to increases in
her real property tax assessment, the City's real estate tax freeze
program, and some form of tax reduction which could be instituted by
the City as a goodwill gesture for those citizens who monitor activities
in their neighborhood. She spoke against the use of City taxpayers'
money to conduct sting operations by the Police Department in Wasena
Park, and requested that there be more consideration as to where the
City focuses its attention in the future.
At 7:35 p.m., the Mayor declared the meeting in recess.
At 9:05 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
48
ACTION:
CITY MANAGER: Mr. Harris offered the following resolution
appointing James D. Ritchie as Acting City Manager for the City of
Roanoke, effective at the close of business on April 9, 1999, and setting
forth the terms and conditions of employment for Mr. Ritchie as Acting
City Manager:
(#34186-021699) A RESOLUTION electing and appointing
James D. Ritchie as Acting City Manager for the City of Roanoke
effective at the close of business on April 9, 1999, and setting forth the
terms and conditions of employment for Mr. Ritchie as Acting City
Manager.
(For full text of Resolution, see Resolution Book No. 61, page 396.)
Mr. Harris moved the adoption of Resolution No. 34186-021699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
CITY ATTORNEY: Mr. Harris offered the following resolution
electing and appointing William X Parsons as Acting City Attorney for
the City of Roanoke, effective April 1, 1999, and setting forth the terms
and conditions of employment of Mr. Parsons as Acting City Attorney:
(#34187-021699) A RESOLUTION electing and appointing William
X Parsons as Acting City Attorney for the City of Roanoke effective
April 1, 1999, and setting forth the terms and conditions of employment
for Mr. Parsons as Acting City Attorney.
(For full text of Resolution, see Resolution Book No. 61, page 397.)
Mr. Harris moved the adoption of Resolution No. 34187-021699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
49
There being no further business, the Mayor declared the meeting adjourned
at 9:15 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
5O
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
March 1, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
March 1, 1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetin~js, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, W. Alvin
Hudson, Jr., James O. Trout, Carroll E. Swain and Mayor David A. Bowers ......... 6.
ABSENT: Council Member C. Nelson Harris .............................................. 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
CITY EMPLOYEES-BUILDINGS/BUILDING DEPARTMENT: Ronald H. Miller
having retired on February 26, 1999, as Building Commissioner of the City of
Roanoke, William F. Clark, Director, Public Works, introduced Ronald L. Smith,
Acting Building Commissioner, effective March 1, 1999.
ANNUAL REPORTS-RIVER PARKWAY/EXPLORE PARK: Roger F. EIImore,
Executive Director, Virginia's Explore Park, presented the 1999 Annual Report of
Explore Park. He reviewed slides of various Explore Park attractions and activities
and advised that Explore Park continues to develop into a top rated educational
facility and anchor attraction for western Virginia. He stated that during the 1998
season, Explore Park served 15,133 school children from 22 school districts who
continue to enjoy the Park's Standards of Learning-compliant history and natural
science education programs, which is an overall increase of 24 per cent over 1997.
He advised that paid attendance is up 38 per cent or 49,313 and total visitation at
year end topped 90,000. He reviewed the progress, needs and future plans of
Explore Park.
(See annual report on file in the City Clerk's Office).
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
CITY EMPLOYEES-PERSONNEL DEPARTMENT: The City Manager introduced
a briefing on the City of Roanoke Employee Development Program. He advised
Council Member Swain expressed a desire for the City to consider some type of on-
the-job training program; therefor, staff of the Personnel Management Department
and the Fifth District Employment and Training Consortium reviewed current efforts
and determined that a new approach is needed for a number of reasons; i.e.:
unemployment is at a record Iow and it is difficult to find qualified applicants to
perform many jobs that require specific skills, the City may lose many long time
employees to retirement over the new few years and current employees must be
prepared to move up to higher levels, jobs are changing with particular emphasis
on performance, and future jobs will require employees to have improved
technological and human relations skills. Therefore, he stated that the Employee
Development Program is intended to bridge the gap between employees who want
to commit the time and effort to participate in training programs.
Celia L. Denning, City of Roanoke Training Coordinator, reviewed the
proposed Employee Development Program which has the potential to significantly
impact the quality of service provided by the City work force and help prepare the
organization to meet future employment needs. She advised that the Employment
Development Program is an important mechanism to help address the effectiveness
of City Government and to move the City forward in becoming a model for work
place and life long learning. She explained that key components of the Employee
Development Program are career and educational planning, job training, various
apprenticeship activities and on-the-job training, mentoring for job growth and
career development and profiling of City employee needs for the future. She advised
that an Employee Development Program is needed to enable the City to better meet
the needs of individual City employees for job training and career development and
the program will allow the City to improve its ability to meet changing needs and to
provide services in an effective manner. She stated that as the City actively explores
methods to improve services, many work processes and jobs will change, and as
jobs change, the skills that employees will need in order to be proficient will also
change.
In order to provide for an Employee Development Program, Ms. Denning
suggested bringing together, in partnership, the skills of the Department of
Personnel Management and the Fifth District Employment and Training Consortium,
and with the assistance of a qualified consultant in the design and pilot phase, it is
envisioned that the program will continue to operate as a collaborative venture
between Personnel Management and the Fifth District Employment and Training
Consortium.
2
Vickie L. Price, Executive Director, Fifth District Employment and Training
Consortium, explained how the Employee Development Program is proposed to
operate. She advised that if a City department determined that it might be more
beneficial to redesign its work in order to provide service more cost effectively and
efficiently, the program would allow for a work keys profiler to assist staff in
conducting a job analysis which would include a review of current department
responsibilities and how work is currently being performed, followed by a review of
what needs to take place, the result of which would be the identification of skills and
competencies that are required to achieve high performance under the new design.
She added that the second aspect would be an update of job descriptions so that the
new skills, abilities and knowledge levels are specifically outlined; employees would
then be evaluated for their skills levels in comparison to the new work design, with
customized job training to upgrade skills and to meet new needs. She explained that
for the long time employee of the City who would like to continue working for the
City and is interested in exploring other career options, the Employee Development
Program would provide career counseling, administer a skills assessment to identify
strengths, and assist the employee in developing new career goals which would
include education and a training plan. She stated that the employee would also
engage in job shadowing in their field of interest, there would be an opportunity for
the employee to participate in the City's internal training program and they would
also receive advice and assistance in enrolling in external programs such as
courses at Virginia Western Community College or another training institution.
In regard to implementation of the Employee Development Program, Ms.
Denning advised that it would be necessary to hire a qualified consultant to serve
for a pilot period of time as a career development coordinator. She explained that
the consultant would be responsible for custom designing the City's program,
specifically bringing together the resources that already exist within City
government, market the program to all City employees, recruit, train and assign
persons who are successful in several career areas throughout the City
Government, administer the program application process, serve as liaison with
participants and their supervisors regarding job scheduling issues, provide career
planning and counseling, make referrals to City sponsored and/or other external
training programs in the Roanoke Valley, and assist in establishing specific program
objectives and evaluation outcomes. She advised that to hire a consultant to design
and implement the program for a pilot period of one year would cost approximately
$30,000.00, with operational costs in the range of approximately $7,000.00, for a total
pilot program cost of $37,000.00, and the program has been submitted as a 1999-
2000 supplemental budget item request. She explained that benefits would be a
better trained and more flexible workforce, improved employee morale and
productivity, better allocation of human resources to achieve City goals and to
insure continuous improvement and more responsive and efficient services to
citizens of the City.
3
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
BILLINGS AND COLLECTIONS: Dana B. Long, Manager, Billings and
Collections, presented a briefing on the City of Roanoke Utility Billing System. She
explained that the current utility billing system was purchased in 1984 and will not
handle Year 2000 collections; a Utility Information System Team was appointed to
develop system specifications and to re-engineer processes; in March 1998,
purchase of the HTE, Inc., system was approved by Council and work began to
implement the new billing system; and new meter reading hand held devices were
purchased in 1998. She explained that the benefits of the new system are the ability
to generate water/sewer bills in January 2000, to provide better customer service
and information, to streamline work processes and eliminate steps (work orders,
new customer sign up, elimination of paper contracts and preparing bills for
mailing), automatic manual processes, provide flexibility, and provide a work order
system for future use with other departments. She stated that data conversion was
completed in March 1999, staff training phases were held in March, April, May and
July 1999, system testing and parallel operation took place in April - June, 1999, the
work order system was operational in early June 1999, and the billing system will be
operational in the early summer of 1999. She explained that staff is currently in the
process of converting data from the old system to the new system, staff training,
designing customer information brochures, interfacing cash registers to the
mainframe, instituting electronic bank drafts, finalizing water bill design, and
interfacing with Credit Bureau reporting and system testing. She advised that the
new bill form and envelop will be on an 8t/2 x 11 paper printed on both sides, which
will also serve as a customer information tool and provide broadcast and specific
messages, and a new "Send-N-Return" envelop will provide a return envelop for
ease of billing payment. She stated that the new system will be introduced to the
citizens of Roanoke through City Page articles in The Roanoke Times, RVTV Channel
3 messages, news media coverage, a segment on the City Show, brochures, a
customer information booklet, neighborhood meetings, and information which will
be distributed on Citizens Appreciation Day at Valley View Mall.
Within one year of installation and operation of the new utility billing system,
Mr. White requested that City staff discuss the feasibility of the City providing billing
services, at a fee, for local private utility companies.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
PARKS AND RECREATION: The City Manager advised that the 1997 bond
referendum included funds for parks, particularly Mill Mountain Park; whereupon,
he called upon John W. Coates, Manager, Parks and Recreation, for a progress
report on Mill Mountain Park improvements.
4
Mr. Coates advised that the 1997 bond referendum allocated approximately
$4 million for park improvements, of which $500,000.00 was designated for
improvements to Mill Mountain Park. He stated that in 1998, Hill Studio was
employed as the design consultant to prepare construction documents for the
project, the Mill Mountain Advisory Committee has been actively involved in the
design phase, and a public workshop was conducted to receive public input.
David R. Hill, representing Hill Studio, narrated a visual presentation on the
status of construction documents.
Mr. Hill advised that during the last six months, he has worked with the Mill
Mountain Advisory Committee, Parks and Recreation staff and citizens in preparing
the community improvement documents for Mill Mountain Park. He explained that
improvements are to include a new visitor orientation center for the top of Mill
Mountain, a new picnic shelter for group picnics and a playground, a concert lawn
which will be irrigated and stabilized to handle large concerts on the mountain, and
provisions for a better entranceway into the zoo with the potential for the Mill
Mountain sculpture garden to be located adjacent to the welcome center. He
advised that the main purpose of the welcome center will be interpretative and for
orientation purposes; the park manager's office will be located in the welcome
center along with a lounge that can be transformed into a meeting room, and
restroom facilities; and a Roanoke Valley information desk which is intended to steer
visitors to the Roanoke Valley. He presented a rendering of the welcome center
which is designed to complement nearby Blue Ridge Parkway structures, and
advised that the welcome center will be located between the roadway leading to the
star and the walkway to the zoo.
In regard to the picnic structure, Mr. Hill advised that there has been much
public demand for a large seating capacity picnic shelter which is proposed to be
sited in an area near the star that requires minimal grading, while harmonizing with
local Blue Ridge parkway structures. He stated that the goal is to provide a
playground to accommodate children of all abilities, using dark brown colors to
blend in with the surroundings.
Barry L. Thomas, Vice-Chair, Mill Mountain Advisory Committee, advised that
improvements to Mill Mountain Park began approximately two years ago when the
Committee developed its vision statement and long range planning activities. He
further advised that construction documents include a number of specific uses and
steps that will enhance the use of the mountaintop by a wide variety of citizens by
using the picnic shelter and playground, and provide the ability to promote more
concerts, the proposed new facilities will further the ability of Mill Mountain to
continue to be the crown jewel of Roanoke's park system and to retain its role as the
showcase and symbol for Roanoke and the surrounding region. He explained that
5
the new information and visitors center will provide important linkages and assist
in promoting education and information not only about Mill Mountain and its history,
but also the greenway system, the Blue Ridge Parkway System, Explore Park, and
the many attributes and opportunities that are available within the City of Roanoke
and the Roanoke Valley. He stated that the construction documents presented to
Council are consistent with and embody a goal of sound stewardship of Mill
Mountain and incorporate a balance between preservation of the mountain's natural
beauty and its gift to all citizens of the Roanoke Valley. He advised that the proposal
was developed with significant public input from many segments of City government
and requested that construction documents be approved by Council.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
HOUSING/AUTHORITY: The City Manager advised that in 1997, a meeting was
held with community leaders from approximately 20 organizations regarding the
continuation of Roanoke's oldest neighborhoods, and the group came to the
conclusion that older neighborhoods ars critically important to the Roanoke
community, and all parts of the City must contribute to the renewal process. He
advised that it was the consensus of the committee to undertake a process to
identify and pursue strategies that would enhance the quality and health of
Roanoke's oldest neighborhoods and this process became known as Roanoke
Renaissance. He stated that through most of 1998, Roanoke Renaissance reviewed
and evaluated existing studies and plans and compiled a set of strategies that the
community as a whole could implement to begin the work process of revitalization.
He advised that in November 1998, Roanoke Renaissance released its first written
report and those neighborhoods which are the focus of Roanoke Renaissance have
critical implications for City government. Accordingly, he stated that the goal of the
briefing is to provide Council with an update on the process and its relationship to
City operations. He introduced H. Daniel Pollock, Jr., Housing Development
Coordinator, for a more detailed summary of Roanoke Renaissance.
Mr. Pollock reviewed certain basic principles that the stakeholders in Roanoke
Renaissance agreed to early in the process; i.e.: the identified process and
strategies needed to be comprehensive rather than focus on one element of
neighborhoods; and stakeholders were cognizant of the number of plans and
studies that have been prepared over the years and determined that the work did not
have to start from the beginning. He explained that the two most important
principles that the group decided to follow was that strategies needed to be realistic
and action oriented and thers needed to be a strong commitment to follow through
on implementations and not allow the end of the process to be the product of a plan;
and responsibility for not only developing the strategy but also implementation
would be shared by the community and not rest solely on the shoulders of City
government.
6
Mr. Pollock advised that the coordinating committee divided its work into
eight functioning areas; i.e.: education, community development and infrastructure,
economic development, housing, social and human development, public safety and
crime prevention, transportation, and leadership development. He stated that each
work group reviewed the recommendations of previous plans and tried to identify
those plans that were most important in addressing, on the short term, their area of
study. He reviewed examples of work products by agencies other than the City to
pursue those strategies; i.e.: the school system is implementing most of the
education strategies for preschool and school age children, several neighborhood
organizations are pursuing action strategies to address conditions in their
neighborhood, the Roanoke Redevelopment and Housing Authority is providing
office space in some of the housing developments for the use of COPE officers, the
Commonwealth Attorney's Office is increasing its emphasis on pursuing violations
of building and property maintenance codes, the Blue Ridge Housing Development
Corporation, Habitat for Humanity in the Roanoke Valley, and the Loudon/Melrose
Neighborhood Organization is about to begin construction on approximately 32 inflll
houses in the northwest area of the City, and the Council of Community Services,
in conjunction with Carilion Health Services and other organizations, is coordinating
development of a neighborhood resource center in the Hurt Park area. With regard
to City government, he stated that some of the projects that have grown out of the
Roanoke Renaissance strategy include: two additional planning positions which
have been approved and funded to develop neighborhood plans, the Roanoke
Neighborhood Partnership is about to complete a brochure of the property
maintenance code and other maintenance code violations and enforcement
procedures for public use, the Housing Development Office is preparing a catalogue
of vacant houses for sale in an attempt to get vacant and under utilized houses back
into reuse, funding has been provided for the Small Business Development Center
to add two business analysts, funding has been provided for additional positions in
the Police Department for crime prevention officers, and assistance has been
requested from the General Assembly to address housing abandonment and the
reuse of vacant lots in inner City neighborhoods and new construction.
Mr. Pollock stated that future projects of Roanoke Renaissance include:
information for a second progress report will be collected over the coming months
and will be published in the summer of 1999, working groups will continue to
develop longer term strategies to be pursued over a five year period, additional
partners will be solicited from the community particularly from the business
community, and exploration of the potential of forming a funding pool to fund
proposals and actions that pursue the Roanoke Renaissance theme of revitalizing
and strengthening Roanoke City neighborhoods. He advised that the Roanoke
Regional Chamber of Commerce and the Roanoke Valley Board of Realtors have
endorsed the strategies of Roanoke Renaissance, and action by Council will be
requested in the future to address specific strategies.
7
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
At 1:50 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, March 1, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson
Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Mayor David A.
Bowers .......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
(The Mayor left the meeting following adoption of the Consent Agenda.)
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Robert W. Hoel,
Member, Christian Science Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
CITY CLERK-CITY ATTORNEY-COUNCIL: At the City Council
meeting on Tuesday, February 16, 1999, the City Clerk was instructed
to publish the appropriate advertisement in certain publications inviting
applications for the position of City Attorney, which applications will
be received in the City Clerk's Office on or before 5:00 p.m., on
Wednesday, March 31, 1999.
The Members of Council also invited comments by the public
regarding the City Attorney selection process or concerning any
applicant for the position; whereupon, the Mayor inquired if any person
would like to address Council regarding the matter.
No citizen asked to be heard.
8
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to one request for Executive Session to
discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by the
Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
POLICE DEPARTMENT-PAY PLAN-CITY EMPLOYEES: A joint
report of the City Manager and the City Attorney advising that at the
Council meeting on January 19, 1999, Officer Lylburn C. Ollie, a
member of the Police Department, appeared before City Council and
requested that he be accorded a five per cent longevity step which was
included in a previous City Pay Plan, was before the body.
It was advised that at the Council meeting on April 15, 1985,
Cresap, McCormick and Paget, a consultant retained by Council,
recommended a new Pay and Classification Plan for the City; at the
9
same meeting, the City Manager in explaining implementation of the
new Pay Plan, recommended that 15 year employees in the L step have
their length of service recognized by an additional 2.5 per cent;
pursuant to Ordinance No. 27570 adopted on May 13, 1985, Council
established a new Pay Plan which included longevity pay increases of
five per cent which would" ... be accorded classified officers and
employees durinq Fiscal Year 1985-1986"; (Emphasis added); and it
was further provided that such longevity increases would become a
part of the base annual salary of each officer or employee entitled to a
longevity increase during fiscal year 1985-86.
It was explained that by report dated December 16, 1985, the City
Manager advised Council that pay inequities had been created by
awarding longevity step pay increases during 1985-86; he further noted
that inequities of a similar nature would occur any time longevity
increases are granted in future fiscal years; Council next adopted a Pay
Plan pursuant to Ordinance No. 28133 adopted on May 12, 1986,
effective July 1, 1986, which ordinance made no provision for longevity
pay; specifically, the L step was eliminated from the Pay Plan, and
Ordinance No. 28133 repealed Ordinance No. 27570 which was adopted
on May 12, 1985, and included longevity pay to the extent of any
inconsistency.
It was advised that since Officer Ollie was first employed by the
City on May 22, 1972, the 15th anniversary of his City service was
May 22, 1987; one year prior to Officer Ollie's 15th anniversary,
however, Council repealed the longevity pay step; notwithstanding this
fact, Officer Ollie contends that he and all other persons in the employ
of the City at the time the longevity step was repealed should be
entitled to longevity pay from the date of their 15th anniversaries;
Officer Ollie apparently bases this conclusion on the theory that he and
other such employees are "grandfathered"; and based on this
perceived "grandfathered" status, Officer Ollie contends that he should
be accorded longevity pay from the 15th anniversary of his initial City
service (May 22, 1987) to the present time.
The City Manager and the City Attorney advised that unless
retroactivity is specially provided for, Council acts prospectively only
as to compensation and benefits of employees; as to employees of the
City who on July 1, 1986 (the effective date of Ordinance No. 28133
which repealed longevity pay), had qualified for longevity pay, each
such employee retained the longevity increase which was built into his
or her base pay; with the adoption of Ordinance No. 28133, on and after
10
July 1, 1986, no additional employees were permitted to qualify for
longevity pay; and thus, on the 15th anniversary of Officer Ollie's City
service, there was no longer any authority for longevity pay, and Officer
Ollie could not qualify for the longevity pay to which he aspired.
It was noted that as to "grandfathered" rights, such rights exist
only by the grace of the legislative body that prospectively amends or
impairs some existing right, privilege or benefit; absent explicit
legislative action, there is no "grandfathered" status, and the Council
that repealed longevity pay in 1986 provided no safe harbor or other
mitigation for those employees of the City on July 1, 1986, who would
never qualify for longevity pay.
The City Manager and the City Attorney advised that although
Officer Ollie is a trusted member of the Police Department, he has not
been denied any benefit or right to which he is entitled.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ O.
ZONING-PENSIONS-ROANOKE NEIGHBORHOOD
PARTNERSHIP-OATHS OF OFFICE-COMMITTEES: The following
reports of qualification were before Council:
Robert R. Copty as a member of the Board of Zoning
Appeals for a term ending December 31, 2001;
David C. Key as a member of the Board of Trustees, City
of Roanoke Pension Plan, for a term ending June 30, 2002;
and
Barbara N. Duerk for a term ending November 30, 1999,
and Allen T. Wilson for a term ending November 30, 2001,
as members of the Roanoke Neighborhood Partnership
Steering Committee.
11
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
ACTION:
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
The Mayor left the meeting at 2:10 p.m., and the Vice-Mayor
presided over the remainder of the meeting.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TAXICABS AND FOR-HIRE VEHICLES-COMPLAINTS: Jeff Artis,
representing the Southern Christian Leadership Conference, having
requested time on the agenda to discuss consideration by Council of
an ordinance prohibiting providers of public transportation from
knowingly transporting persons who are engaged in illegal drug trade,
the City Clerk advised that Mr. Artis would like to defer the matter
indefinitely.
ACTION:
Without objection by Council, the Vice-Mayor advised that the
matter would be deferred indefinitely.
PARKS AND RECREATION-DISABLED PERSONS-GREENWAY
SYSTEM: Christine A. Montgomery, 622-A Walnut Avenue, S. W.,
President, Mayor's Committee for Persons With Disabilities, appeared
before Council in connection with the closing of Wiley Drive through
Wasena Park. She advised that the Mayors' Committee for Persons
With Disabilities meets quarterly and the Committee is of the opinion
that a representative of the Department of Parks and Recreation should
attend its meetings, specifically when matters are pending and/or
ongoing that impact Roanoke's disabled community. She stated that
plans and studies regarding Carvins Cove should be reviewed at a
quarterly meeting of the Mayors' Committee because it is difficult for
disabled persons to attend meetings at various locations throughout
the City due to lack of transportation or difficulty in finding appropriate
parking facilities.
12
As a private citizen, Ms. Montgomery expressed concern that the
closing of Wiley Drive through Wasena Park would make it impossible
for her to access the park without assistance; the recreational trail
being "piggy backed" to the sewer project is a shrewd way of getting
the trail constructed; and calling the recreational trail through Smith
Park a greenway is misleading because the trail cuts through the grass
and replaces a large portion of the natural green of the park with
blacktop. She stated that without Wiley Drive and the approximately
200 parking spaces throughout that portion of Wiley Drive going
through Wasena Park, accommodations will be limited to a few joggers
and a small number of families living within walking distance. She
advised that the sewer project does not require the closing of Wiley
Drive, the flood control project may or may not require the closing of
Wiley Drive, and flood control decisions will be made in the future,
however, these are three separate projects and one does not depend
upon the other.
(See statement on file in the City Clerk's Office.)
The City Manager advised that no final decisions have been
made and assured Ms. Montgomery that her input and input by
representatives of the Mayor's Committee for Persons With Disabilities
would be invited.
Without objection by Council, the Mayor advised that the remarks
of Ms. Montgomery would be referred to the City Manager.
CITY TREASURER-TAXES: The Honorable David C. Anderson,
City Treasurer, presented a briefing with regard to a new personal
property tax bill and envelopes to be used by the Treasurer's Office for
1999 Personal Property Tax billing.
(For full text, see sample bill and envelope on file in the City Clerk's
Office.)
ACTION:
Without objection by Council, the Mayor advised that the remarks
of Mr. Anderson would be received and filed.
PETITIONS AND COMMUNICATIONS:
ROANOKE VALLEY RESOURCE AUTHORITY: A communication
from Allan C. Robinson, Jr., Chair, Roanoke Valley Resource Authority,
requesting approval of the Third Amendment to the Roanoke Valley
13
Resource Authority Members Use Agreement, which provides for
establishment and operation of the regional landfill facilities, was
before Council.
A report of the City Manager recommending that Council approve
the request which will require member jurisdictions to deliver all
acceptable waste to the regional landfill in order to facilitate refunding
of $20,000,000.00 of the 1992 bonds in order to realize a savings of
$100,000.00 in annual debt payments.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#34191-030199) A RESOLUTION authorizing the Third
Amendment to the Roanoke Valley Resource Authority Members Use
Agreement.
(For full text of Resolution, see Resolution Book No. 61, page 408.)
ACTION:
Mr. White moved the adoption of Resolution No. 34191-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ O.
(Mayor Bowers was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BONDS/BOND ISSUES-BUDGET-JUVENILE CORRECTIONAL
FACILITIES-JEFFERSON CENTER: The City Manager submitted a
written report advising that in 1993, the Jefferson Center Foundation,
14
Ltd., renovated a major portion of Jefferson High School; in June 1995,
Fitzpatrick Hall was renovated, and to complete the restoration of the
Jefferson Center, the Jefferson Center Foundation, Ltd., will renovate
the Jefferson Center Performance Hall; in fiscal year 1996-97, the
Jefferson Center Foundation, Ltd., requested that $2 million be
provided by the City based on a preliminary cost estimate of $5 million
for the renovation project; and using a cost-sharing ratio of 40 per cent
City funding and 60 per cent private funding, the Jefferson Center
Foundation, Ltd., agreed to raise $3 million in private contributions.
It was further advised that as part of the 1998-2002 Capital
Improvement Plan, General Obligation Bond funding, in the amount of
$1.6 million and undesignated capital funds (interest earnings) of
$400,000.00, were dedicated by Council to the Jefferson Center
Foundation, Ltd., for the Jefferson Center Performance Hall; due to
higher than anticipated costs, the Jefferson Center Foundation, Ltd.,
revised the cost estimate for completion of renovation of the
Performance Hall from $5 million to $7 million; on November 2, 1998,
the Jefferson Center Foundation, Ltd., made a request to Council for
additional funds to be used for renovation of the Performance Hall; on
November 16, 1998, Council authorized the City to enter into an
agreement with the Jefferson Center Foundation, Ltd., to provide the
initial $400,000.00 toward renovation of the Jefferson Performance Hall
pursuant to Ordinance No. 34084-111699; on November 16, 1998,
Council agreed to consider providing an additional $800,000.00 in
funding based on a cost sharing formula of 60 per cent Jefferson
Center Foundation, Ltd., and 40 per cent City, for a maximum City total
contribution of $2.8 million, and asked the City Administration to
identify a funding source by January 19, 1999; on December 3, 1998,
the City entered into an agreement with the Jefferson Center
Foundation, Ltd., to provide the initial $2 million dollars toward
renovation of the Jefferson Center Performance Hall; and on
January 19, 1999, the City's 1999 - 2003 Capital Improvement Plan was
updated and approved by Council, which identified $800,000.00 in
funding for the project available in the series 1994 general obligation
bonds.
It was explained that the City needs to appropriate the additional
$800,000.00 in order to complete the financing arrangement for the $7
million project; $800,000.00 is available from bond funds originally
targeted for expansion of the Juvenile Detention Home; the expansion
project will now be funded and administered by the Roanoke Valley
Detention Commission; and an amendment to the current agreement
15
ACTION:
between the City and the Jefferson Center Foundation, Ltd., is required
in order for the Jefferson Center Foundation, Ltd., to receive the
additional funds and begin the project.
The City Manager recommended that Council authorize the
reallocation of $800,000.00 of the proceeds of sale of Series 1994
Bonds from the Juvenile Detention Home to the Jefferson Center; that
the City Manager be authorized to execute an amendment to the
agreement with the Jefferson Center Foundation, Ltd., in a form to be
approved by the City Attorney, to provide the Jefferson Center
Foundation, Ltd., with an additional $800,000.00 for renovation of the
Jefferson Center Performance Hall; and authorize transfer of funds, in
the amount of $800,000.00, from Account No. 008-052-9686-9001 to the
Jefferson Center Performance Hall, Account No. 008-052-9720.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34188-030199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 404.)
Mr. Trout moved the adoption of Ordinance No. 34188-030199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
Mr. Trout offered the following resolution:
(#34189-030199) A RESOLUTION of the City Council of the City
of Roanoke, Virginia, reallocating $800,000.00 of the proceeds of its
General Obligation Public Improvement Bonds, Series 1994, from its
Juvenile Detention Home to the Jefferson Center.
16
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 405.)
Mr. Trout moved the adoption of Resolution No. 34189-030199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
Mr. Trout offered the following resolution:
(#34190-030199) A RESOLUTION authorizing an amendment to
the Agreement between the City and the Jefferson Center Foundation,
Ltd., dated December 3, 1998, such Amendment providing for the City's
payment of $2.8 million, $400,000.00 of which has already been paid to
the Jefferson Center Foundation, Ltd., for the Performance Hall project,
upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 61, page 407.)
Mr. Trout moved the adoption of Resolution No. 34190-030199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
PARKS AND RECREATION-EQUIPMENT: The City Manager
submitted a written report advising that the current year Capital
Maintenance and Equipment Replacement Program has identified the
need to replace three dump trucks in the Parks and Grounds
Department; whereupon, the City Manager recommended that Council
authorize purchase of the following:
17
ACTION:
Three new ten Ton Dump Truck Cab/Chassis from Magic
City Motor Corp. for a total cost of $146,226.00.
Three new ten Ton Dump Bodies to be mounted on above
Cab/Chassis from Roanoke Welding, Inc., for a total cost
of $23,700.00.
Reject all other bids.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34192-030199) A RESOLUTION accepting bids made to the City
for furnishing and delivering dump trucks, upon certain terms and
conditions; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 61, page 409.)
Mr. Trout moved the adoption of Resolution No. 34192-030199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
POLICE DEPARTMENT-BUILDINGS/BUILDING DEPARTMENT-
PUBLIC WORKS-EQUIPMENT: The City Manager submitted a written
report advising that the Current Year Capital Maintenance and
Equipment Replacement Program has identified the need to replace
certain automobiles in the Public Works, Building Inspections and
Police Departments; whereupon, the City Manager recommended that
Council authorize purchase of the following:
One new full size four-door automobile for Police Services
to Magic City Motor Corp., for a total cost of $19,703.35.
Eighteen new full size four-door marked Police
automobiles from Magic City Motor Corp. for a total cost
of $368,967.60.
18
ACTION:
Reject all other bids.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34193.030199) A RESOLUTION accepting bids made to the City
for furnishing and delivering motor vehicles, upon certain terms and
conditions; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 61, page 410.)
Mr. Trout moved the adoption of Resolution No. 34193-030199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager
submitted a written report advising that the Omnibus Fiscal Year 1997
Appropriations Act, Public Law 104-208, provides funding for
implementation of the Local Law Enforcement Block Grant Program
administered by the Bureau of Justice Assistance (BJA), U. S.
Department of Justice; the purpose of the Local Law Enforcement
Block Grant Program is to provide local governments with funds to
underwrite projects to reduce crime and to improve public safety; the
grant provided $141,111.00 ($127,013.00 Federal and $14,098.00 local
match), which funds were placed in an interest-bearing account; and
over 3,885 hours of police overtime, as well as police bicycles and
uniforms, have been provided through grant funding:
It was further advised that according to the terms of the grant
award, grant funds were placed in an interest bearing account; interest
earnings may be used for allowable program expenditures; interest
earned on the grant funds through December 31, 1998, totals $1,581.00;
and police bicycle patrol hours could be expanded through allocation
of interest funding.
19
ACTION:
The City Manager recommended that Council appropriate funds
from the Local Law Enforcement Block Grant; appropriate all interest
revenue from the grant to Police Overtime, Grant Fund Account No.
035-050-3311-1003; and increase the grant fund revenue estimate in
Account No. 035-035-1234-7280 by $1,581.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34194-030199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 411.)
Mr. Hudson moved the adoption of Ordinance No. 34194-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted
a written report advising that Social Services, through the Foster Care
Program, provides out-of-home placements for certain children who are
in need of protection and can no longer live at home; for those children
who are determined eligible for Title IV-E funding, the Federal and State
governments will reimburse localities for costs of out-of-home
placements at 100 per cent of costs of room and board; and Social
Services, through Day Care Programs, provides financial assistance
with day care costs for children of eligible families who are employed
or in education or training programs.
It was further advised that due to changes in eligibility criteria
and program policy, Social Services has received additional funding for
ADC-Foster Care for fiscal year 1999 in the amount of $340,000.00;
$252,000.00 of this additional funding is intended to be used for
expenditures for day care services and daily supervision provided by
2O
ACTION:
foster parents for children with special needs; these expenditures were
previously charged to the Comprehensive Services Act (CSA) Program
and may now be charged to ADC-Foster Care for Title IV-E children; in
so doing, local CSA matching funds of $74,414.00 can be redirected to
other CSA programs; the remaining portion of the additional funding is
intended to be used for an increase in Title IV-E eligible children; policy
changes are permanent, and Title IV-E funding will continue for fiscal
year 2000; and due to Welfare Reform and changes in other Day Care
policy, Social Services has received additional funding for Day Care for
fiscal year 1999 in the amount of $484,000.00, which requires a local
match of $16,000.00.
The City Manager recommended that Council appropriate
$340,000.00 to ADC-Foster Care, Account No. 001-054-5314-3115, and
$484,000.00 to Day Care Services, Account No. 001-054-5314-3159, in
order to utilize additional ADC-Foster Care and Day Care funding;
transfer local funding, in the amount of $16,000.00, from Health
Department Subsidy, Account No. 001-054-5110-3700, to Day Care
Services, Account No. 001-054-5314-3159; and increase General Fund
Revenue estimates by $340,000.00 in Foster Care Revenue, Account
No. 001-020-1234-0675, and $484,000.00 in Day Care Revenue, Account
No. 001-020-1234-0686.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34195-030199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 412.)
Mr. Swain moved the adoption of Ordinance No. 34195-030199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
21
LEGISLATION-TAXES-COMMUNICATIONS DEPARTMENT-
TELEPHONE COMPANIES-TELEPHONE EQUIPMENT: The City Manager
and the Director of Finance submitted a joint written report advising
that in January 1996, Congress passed the Telecommunications Act of
1996 which was signed into law by the President in February 1996; the
new Act was designed to remove regulatory barriers and to encourage
new business among all types of communications companies; the Act
preempts all state and local laws that prohibit or have the effect of
prohibiting a business from providing telecommunication services;
after passage of the Act, disputes arose among localities, the Virginia
Department of Transportation (VDOT), and telecommunications carriers
as to what charges or compensation localities could impose on or
require from telecommunications carriers for use of the rights-of-way
within the localities or VDOT'S rights-of-way; in response to this
controversy, the 1997 General Assembly amended Virginia Code
Sections 66-458 and 56-462 to require the localities to maintain their
charges as of February 1, 1997, until July 1, 1998; and the purpose of
the amendments was to allow the telecommunications carriers and the
localities to resolve the controversy between the parties.
It was further advised that in 1998, the General Assembly
addressed the issue of compensation or charges localities and VDOT
could impose on or require from telecommunications carriers for the
use of rights-of-way; legislation provides for a public rights-of-way use
fee along with other requirements for imposing a rights-of-way use fee;
Virginia Code Section 56-468.1, which became effective on July 1, 1998,
provides for establishment of the use fee; the General Assembly
apparently decided that instead of imposing fees or charges on the
telecommunications carriers, the local exchange carriers for each area
would assess and collect a public rights-of-way use fee from each
customer who has an access line as defined in the statute; and
legislation basically provides that a locality, or VDOT, cannot charge a
certificated provider of telecommunications services for the use of the
public rights-of-way except in the manner prescribed in §56-468.1,
provided, however, that any localities that have current existing
franchises or ordinances can continue with enforcement until they
expire in lieu of receiving the use fee.
It was explained that the amount of the use fee is to be calculated
annually by VDOT and shall not be less than $.50 per access line per
month and may be increased yearly; for example, if a person has two
separate phone lines to a private home for dial tone service, the
monthly charge would be at least $1.00 per month on the customer's
22
bill; the use fee is collected by the telecommunications local exchange
carrier, or carriers, for each jurisdiction and remitted to the locality on
a quarterly basis within two months of the end of each calendar
quarter; localities, including the City of Roanoke, must now decide
whether to enact an ordinance adopting the public rights-of-way use
fee; and whether or not a locality adopts the public rights-of-way use
fee, the telecommunications providers still need to obtain authority
from the locality to use the rights-of-way and the locality is entitled to
manage and control its rights-of-way in a nondiscriminatory manner.
It was noted that in accordance with the 1996 Federal Act, the
City entered into Temporary Nonexclusive Revocable License
Agreements with KMC Telecom of Virginia, Inc., (KMC) and American
Communication Services of Virginia, Inc., now doing business as
e.spire Communications, Inc., (ACSI); the Licenses granted each the
right to use the City's rights-of-way for telecommunications purposes
and deferred the issue of compensation until the General Assembly
acted on those issues; ACSI has not elected to exercise its rights under
the Temporary License Agreement to build its network in the City as of
this date; and KMC has exercised its rights under the Temporary
License Agreement and is presently operating its network in Roanoke
and the surrounding area.
It was advised that Bell Atlantic - Virginia, Inc., is the successor
to the Chesapeake and Potomac Telephone Company of Virginia, which
had a 30 year telecommunications franchise with the City that has now
been extended by mutual agreement of the parties on a month-to-month
basis until a successor franchise is adopted and provided that either
party may terminate the franchise upon reasonable notice to the other
party; Roanoke and Botetourt Telephone Company, now R & B
Network, Inc., R & B currently has a franchise with the City that was
entered into in October 1990 for a period of 15 years for use of certain
portions of the City's rights-of-way; Cox Communications Roanoke,
Inc., now CoxCom, Inc., has a cable television franchise with the City
which is not affected by the rights-of-way use fee with regard to cable
television franchise fees; however, Cox intends to participate in the
telecommunications business which could be subject to the public
rights-of-way use fee depending on how the use is structured; and the
Cox franchise is for a term of 12 years and was entered into in May
1991.
It was explained that if the public rights-of-way use fee is
adopted by Council, it would take the place of franchise fees currently
23
in effect for Bell Atlantic, R & B, and the portion of Cox's business that
is related to telecommunications, but would not affect the cable
television fee; estimated revenues that the City would realize under the
public rights-of-way use fee are at least $385,000.00 per year; and
revenue for the first year would be as follows:
Full Year $385,000.00
Loss of Franchise Fee -72,000.00
Sub-Total $313,000.00
75 per cent -78,250.00
(4th Quarter remitted within
2 months of closeout)
1st year revenue $234,750.00
If adopted by Council, the collection of the public rights-of-way use fee
would be effective July 1, 1999.
It was noted that under the current statute, localities must notify
the appropriate local exchange carriers for their jurisdictions on or
before March 15 preceding the fiscal year in which they intend to
impose the public rights-of-way use fee, if adopted; thus, if the City of
Roanoke wishes to adopt the public rights-of-way use fee for the fiscal
year starting July 1, 1999, it must do so in sufficient time to allow the
City Clerk to notify the appropriate telecommunications providers
before March 15, 1999; and regardless of whether the City adopts the
use fee, a final telecommunications regulatory ordinance will need to
be enacted by the City to address issues dealing with use of the City's
rights-of-way by the telecommunications providers that are now in or
will be coming to the City.
The City Manager recommended that Council adopt a public
rights-of-way use fee pursuant to Virginia Code Section 56-468.1, for
fees covered by the statute to be collected as of July 1, 1999, and
authorize the City Clerk to notify the affected certificated providers of
local exchange telephone service in the City of Roanoke before
March 15, 1999, that the City has adopted such fee and they are
required to collect the fee pursuant to the statute and remit same to the
City in accordance with the statute, with all other obligations or
agreements among telecommunications providers and the City, except
as to fees covered by the rights-of-way use fee or other matters under
the statute, to remain in full force and effect.
(For full text, see report on file in the City Clerk's Office.)
24
ACTION:
ACTION:
Mr. Swain offered the following emergency ordinance:
(#34196-030199) AN ORDINANCE adopting a Public Rights-of-
Way Use Fee pursuant to §56-468.1 of the Code of Virginia (1950), as
amended; directing the City Clerk to notify certificated providers of
local exchange telephone service within the City of the adoption of
such Public Rights-of-Way Use Fee; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 413.)
Mr. Swain moved the adoption of Ordinance No. 34196-030199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
CITY ATTORNEY:
TRAFFIC-CITY CODE: The City Attorney submitted a written
report transmitting an ordinance to amend or repeal several sections
of the City Code and removes authorization for the City to install and
maintain parking meters in the City, effective May 1, 1999.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34197) AN ORDINANCE removing and eliminating the
authorization for the installation, maintenance, and use of parking
meters on City property by amending §4-7, Same - Same - Parkinq
Violations, §20-65, Parking Prohibited in Specified Places, §20-68, Time
Limitations on Parking, §20-69, Parkinq Regulations on Property_ of
Virginia Western Community Colle_~e. §20-76, Parkin_~ S0aces Reserved
for Persons with Disabilities, §20-88, Duties of Police Officers., and §21-
22, Fraudulent Use of Pay Phones, Parking Meters. and other Coin-
Operated Machines: by repealing, §4-5, Regulation of Vehicular and
Pedestrian Traffic - Powers and Duties of City_ Manaqer. §4-8,
25
Damapinp. Tamperinq with etc., Parkinp Meters, §20-77, Parkincj Meter
Zones, §20-77.1, Parkincj meter zones at Vircjinia Western Community
Collepe, §20-78, Installation and Operation of Parkincj Meters: Time
Limits' Rates, §20-79, How Parkincj Meters and Space to be Used;
Overtime Parkina, §20-80, Manner of Parkin~l Vehicles at Spaces with
Meters. §20-81, Exemptions from Certain Requirements of Parkina
Meter Recjulations, §20-82, Use of Slu_=s, §20-83, Injurincj or Tam_oerin;
with Meters, §20-84, Effect of Division on Other Parkincj Recjulations,
§20-114, Meterin~l of Unassicjned Soaces, of the Code of the City of
Roanoke (1979), as amended, and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 61, page 423.)
The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
ACTION:
(Mayor Bowers was absent.)
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of January, 1999.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Vice-Mayor advised that the
Financial Report would be received and filed.
CITY CLERK:
CITY CLERK-SCHOOLS: The City Clerk submitted a written report
advising that on June 30, 1999, the three year terms of office of
Charles W. Day and Brian J. Wishneff as Trustees of the Roanoke City
School Board will expire; pursuant to Chapter 9, Education, of the Code
of the City of Roanoke (1979), as amended, establishing a procedure for
the election of School Trustees, Council must hold certain meetings
26
and take certain actions during the months of March, April and May to
conform with the selection process; therefore, she requested the
concurrence of Council in establishing the following dates:
On Monday, March 15 at 6:00 p.m., Council will hold an
informal meeting (reception) which will be open to the
public with all candidates for School Trustee in the
Emergency Operations Center Conference Room, Room
159, Municipal Building South.
On Monday, March 15 at 7:00 p.m., or as soon thereafter
as the matter may be heard, Council as a Committee of the
Whole, will review and consider all candidates for the
position of School Trustee; at such meeting, Council shall
review all applications filed for the position and Council
may elect to interview candidates for such positions.
On Monday, April 5 at 2:00 p.m., or as soon thereafter as
the matter may be heard, Council will, by public vote,
select from the field of candidates, those candidates to be
accorded the formal interview and all other candidates will
be eliminated from the School Trustee selection process;
the number of candidates to be granted the interview shall
not exceed three times the number of positions available
on the Roanoke City School Board, should there be so
many candidates.
On Monday, April 19 at 7:00 p.m., or as soon thereafter as
the matter may be heard, Council will hold a public
hearing to receive the views of citizens.
On Wednesday, April 21 at 6:00 p.m., Council will hold a
meeting for the purpose of conducting a public interview
of candidates for the position of School Trustee.
On Monday, May 3 at 2:00 p.m., or as soon thereafter as
the matter may be heard, Council will hold an election to
fill the two vacancies for terms commencing July 1, 1999,
and ending June 30, 2002.
(For full text, see report on file in the City Clerk's Office.)
27
ACTION:
Mr. Trout moved that Council concur in the proposed dates. The
motion was seconded by Mr. Swain and unanimously adopted.
REPORTS OF COMMITTEES:
BUDGET-FLOOD REDUCTION/CONTROL-WATER RESOURCES:
Council Member Linda F. Wyatt, Chairperson, Water Resources
Committee, presented a written report on behalf of the Committee, with
regard to recommending approval of a Floodplain Management
Acquisition Policy for use on all future floodplain acquisition programs.
A staff report advised that the City of Roanoke has over 900
structures which are currently located in floodplain areas and subject
to flooding hazards; the Federal Emergency Management Agency
(FEMA) has begun several new programs to provide financial
assistance to communities in their efforts to protect flood-prone
properties; on December 15, 1998, the City of Roanoke joined FEMA's
new program entitled, "Project Impact"; under this program, the City
has committed to continue making efforts to reduce the impact of
future disasters; one of the City's primary disaster concerns has
historically been flooding; in an effort to reduce the impact of future
flooding on citizens, two grant applications have been submitted to
FEMA for the purchase of additional properties throughout the City of
Roanoke; on December 18, 1998, the City was notified that one of the
grants, the 1998 Regional Mitigation Grant Project, had been approved;
this project approved the purchase and removal of 11 of the City's most
flood-prone homes, at a total estimated cost of $743,480.00; and
funding is available in the following amounts:
Federal funding for property acquisition
Federal funding for administration
State funding for property acquisition
City funding for project
City funding for contingency (13 per cent)
Total
$557,610.00
15,870.00
37,500.00
132,500.00
17,500.00
$760,980.00
The second grant, the 1998 Floodplain Mitigation Assistance (FMA)
Project for the purchase and removal of one house is anticipated to be
approved shortly by FEMA.
It was further advised that as a "Project Impact" community, with
many flood-prone structures, the City of Roanoke will likely continue
to be eligible for future FEMA mitigation grant projects; one new grant
28
project (1998 Regional Mitigation Grant Project) has been approved for
funding by FEMA, another grant project is nearing approval (1998
Floodplain Mitigation Assistance Project), and future grant projects
appear to be likely; and approval of the Acquisition Policy would allow
the City to move quickly on current and future purchase/relocation
projects which would help City residents who are most vulnerable to
flooding hazards.
The Water Resources Committee recommended that Council take
the following actions, in accordance with conditions stated in the staff
report:
Approve the Floodplain Management Acquisition Policy
for use on all future floodplain acquisition programs.
Authorize the City Manager to accept Federal and State
grant or aid as set forth in the report and to provide and
execute necessary documents in connection with such
acceptance.
Approve the purchase of all properties listed on
Attachment 1 as 1 through 14 of the staff report.
Approve the situation, subject to FEMA approval, of
properties listed on Attachment 1 as 15 through 18 of the
report in a flood-depth priority order should any of the
property owners 4 through 14 choose not to participate.
Approve the purchase of property listed on Attachment 1
as 19, subject to grant approval by FEMA and acceptance
by the City.
All purchase prices for each property will be in
accordance with the Acquisition Policy.
Transfer $150,000.00 from 1996 bond proceeds account
for the 1998 Regional Mitigation Grant Project to a new
Capital Projects Account to be established by the Director
of Finance entitled, "1998 Regional Mitigation Grant
Project"; and appropriate FEMA grant funds of
$573,480.00 and state grant funds of $37,500.00 to the
same account and establish receivable accounts for grant
reimbursements.
29
ACTION:
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#34198-030199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 415.)
Ms. Wyatt moved the adoption of Ordinance No. 34198-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
ACTION:
(Mayor Bowers was absent.)
Ms. Wyatt offered the following emergency ordinance:
(#34199-030199) AN ORDINANCE approving the City of Roanoke
Floodplain Management Acquisition Policy; authorizing the City
Manager, or his designee, to execute the appropriate documents to
implement this program; authorizing the City Manager, or his designee,
to accept certain federal and/or grant or aid funds and to execute any
required documentation to accept those funds; authorizing the fee
simple acquisition of certain properties in conformance with the
acquisition policy; authorizing the City Manager, or his designee, to fix
a certain limit on the consideration to be offered by the City for such
properties; authorizing the City Manager, or his designee, to make
future applications for federal and state aid for the Flood Management
Acquisition Program; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 416.)
Ms. Wyatt moved the adoption of Ordinance No. 34199-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
30
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
SEWERS AND STORM DRAINS-BUDGET-CAPITAL
IMPROVEMENTS PROGRAM-FLOOD REDUCTION/CONTROL-WATER
RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, with regard to acquisition of all property rights necessary
for construction of certain storm drainage projects included in the
Capital Improvement Program.
A staff report advised that drainage problems which are in need
of correcting are a continuing process for the City; in order to address
the numerous requests fairly, projects are ranked for funding in the
Capital Improvement Program; and eight of the projects included in the
Storm Drainage section of the Capital Improvement Program are now
ready for staff to proceed with property rights acquisition.
It was further advised that preliminary engineering studies are
complete and final design is underway; initial contact with property
owners has been made; and authorization is needed to move forward
with title work, appraisals, negotiations with property owners,
document preparation, and closings for acquisition of the necessary
property rights.
The Water Resources Committee recommended that Council take
the following actions, in accordance with conditions stated in the staff
report:
Authorize acquisition of property rights as shown on
project lists attached to the report, in a form to be
approved by the City Attorney; said property rights may
be acquired by negotiation or eminent domain, and
include fee simple, permanent easements, temporary
construction easements, rights-of-way, licenses or
permits, etc., and indemnification of the railroad of liability
related to such construction, removal, replacement, and
maintenance.
31
ACTION:
Appropriate $115,000.00 from the 1992 bond issue,
Account No. 008-052-9700-9176, to certain accounts more
specifically set forth in the report.
Authorize the City Manager, or the Assistant City Manager,
and the City Clerk to execute and attest, respectively, the
necessary documents, in a form to be approved by the
City Attorney, to acquire the property.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#34200-030199) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 419.)
Ms. Wyatt moved the adoption of Ordinance No. 34200-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
Ms. Wyatt offered the following emergency ordinance:
(#34201-030199) AN ORDINANCE providing for the acquisition of
property rights needed by the City for certain storm drainage
improvements in connection with the Capital Improvement Program
("CIP") Drainage Program; authorizing the City Manager to fix a certain
limit on the consideration to be offered by the City; providing for the
City's acquisition of such property rights by condemnation, under
certain circumstances; authorizing the City to make motion for the
award of a right of entry on any of the parcels for the purpose of
commencing the project; authorizing execution of a Permit Agreement
with the railroad containing indemnification language; and providing for
an emergency.
32
ACTION:
(For full text of Ordinance, see Ordinance Book No. 61, page 420.)
Ms. Wyatt moved the adoption of Ordinance No. 34201-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-WATER
RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, with regard to acquiring property rights exchange along
Tinker Creek in the vicinity of Sand Road, N. E.
A staff report advised that City owned property along Tinker
Creek, identified as Official Tax No. 3250801, has been utilized as a
storage and soil disposal site by the City for many years; and owners
of adjacent property identified as Official Tax No. 3250414 contacted
the City last year regarding the possibility of a mutually beneficial land
swap.
It was further advised that internal review of the proposed
exchange by City staff has revealed no adverse impact on the use of
the disposal site, with the City benefitting from an improved entrance
to the site resulting from the exchange; and conveyance of real
property must be approved by Council following a public hearing.
The Water Resources Committee recommended that Council
authorize the City Manager to take the appropriate action to advertise
a public hearing, and, lacking any comments to the contrary, enter into
an agreement with Robert M. and Carolyn H. Callahan, in a form to be
approved by the City Attorney, to allow for an exchange of property
along Tinker Creek in the vicinity of Sand Road, N. E., and to execute
all necessary documents to effect the land exchange.
(For full text, see reports on file in the City Clerk's Office.)
33
ACTION:
Ms. Wyatt moved that Council concur in the recommendation and
advertise a public hearing for Monday, March 15, 1999, at 7:00 p.m., or
as soon thereafter as the matter may be heard, in the City Council
Chamber. The motion was seconded by Mr. Trout and unanimously
adopted.
CITY PROPERTY-HOSPITALS-AIR RIGHTS-WATER RESOURCES:
Council Member Linda F. Wyatt, Chairperson, Water Resources
Committee, presented a written report on behalf of the Committee, with
regard to encroachment of subterranean footings in the public right-of-
way along both sides of Crystal Spring Avenue, S. W., in connection
with the proposal of Carilion Health System to construct a multi-level
parking deck.
A staff report advised that pursuant to Ordinance No. 33794-
050498, Council authorized a lease between the City and CHS, Inc., for
lease of certain airspace over Crystal Spring Avenue, S. W.; and CHS,
Inc., a subsidiary of Carilion Health System, which operates Roanoke
Memorial Hospital, has requested additional encroachments into the
right-of-way of Crystal Spring Avenue in connection with its proposed
multilevel parking deck.
It was further advised that the proposed parking garage will
require a series of subterranean footings which would encroach into
the right-of-way along both sides of Crystal Spring Avenue; the
footings will be set at least four feet below grade to minimize any
hazard to the public; design modifications to address neighborhood
concerns will require an amendment to the lease for airspace above
Crystal Spring Avenue to include an additional 35 feet, more or less,
extending upwards above the current leased area, from an altitude of
986.75 feet to 1020 feet; potential lease of air space must be advertised
and the successful bidder will be required to reimburse the City for the
full cost of advertising; a public hearing is also required for lease of air
rights over City right-of-way; and City staff recommends authorization
of an amendment to the lease of additional air rights for the structure
and a revocable license to allow the encroachment of subterranean
footings along both sides of the right-of-way of Crystal Spring Avenue,
S. W., with all other provisions of the original lease with CHS, Inc., to
remain in effect.
The Water Resources Committee recommended that Council take
the following actions:
34
ACTION:
Authorize a revocable license to CHS, Inc., a subsidiary of
Carillon Health System, to allow encroachment of
subterranean footings along both sides of the right-of-way
of Crystal Spring Avenue, S. W.
Authorize City staff to advertise for bids and to hold a
public hearing regarding amending the lease with CHS,
Inc., for air rights over Crystal Spring Avenue to include
an additional 35 feet, more or less, extending upwards
above the current leased area, with the successful bidder
to prepare all appropriate legal documents in a form to be
approved by the City Attorney; and the City reserves the
right to reject all bids.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that Council concur in the recommendation and
advertise a public hearing for Monday, April 19, 1999, at 7:00 p.m., or
as soon thereafter as the matter may be heard, in the City Council
Chamber. The motion was seconded by Mr. Trout and unanimously
adopted.
CITY EMPLOYEES-TRAFFIC-PURCHASE/SALE OF PROPERTY-
JEFFERSON CENTER-WATER RESOURCES: Council Member Linda F.
Wyatt, Chairperson, Water Resources Committee, presented a written
report on behalf of the Committee, with regard to acquisition of
property located at 411 Fifth Street, S. W., for the City
Employee/Jefferson Center Parking Project.
A staff report advised that in September, 1994, a plan was
developed to address Jefferson Center parking needs, as well as an
employee parking recommendation; in December, 1994, Council
approved transfer of funds to allow acquisition of property and ten
parcels have been acquired; one property located at 411 Fifth Street,
S. W., Official Tax No. 1113413 has been identified as a possible site for
acquisition to implement Phase I (property acquisition) of the Parking
Project; the owner of the property, William L. K. Churchill, has been
contacted and has indicated a willingness to sell the property to the
City; the property has been reviewed by the Director of Real Estate
Valuation, and the price is consistent with values of other parcels of
land previously purchased in the area for the project.
35
ACTION:
The Water Resources Committee recommended that Council take
the following actions, in accordance with conditions stated in the staff
report:
Authorize acquisition of the property at 411 Fifth Street,
S. W., Official Tax No. 1113413, for the amount of
$26,500.00.
Authorize the City Manager, or the Assistant City Manager,
and the City Clerk to execute and attest, respectively, the
necessary documents, in a form to be approved by the
City Attorney, to acquire the property.
It was noted that a late development arising from a Title Report
on the property reveals that there may be a cloud on the title which
would require condemnation proceedings in order to obtain clear title;
therefore, it is also recommended that Council authorize the City
Attorney to institute condemnation, or other legal proceedings to allow
the City to obtain clear title to the property, if necessary.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency ordinance:
(#34202-030199) AN ORDINANCE providing for the acquisition of
a vacant lot known as 411 Fifth Street, S. W., and identified by Roanoke
City Tax Map No. 1113413, authorizing the proper City officials to
execute and attest any necessary documents for this acquisition;
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 any of the parcels for
the purpose of commencing the project; upon certain terms and
conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 422.)
Ms. Wyatt moved the adoption of Ordinance No. 34202-030199.
The motion was seconded by Mr. Trout and adopted by the following
vote:
36
ACTION:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 34182, rezoning a certain tract of land
containing 3.83 acres, located at 2619 Belle Avenue, N. E., Official Tax
Nos. 3410307, 3410306, 3410305, 3410304, 3410303 and 3410302 from
RM-I, Residential Multifamily District, Low Density District, to C-1,
Office District, subject to certain proffers contained in the First
Amended Petition filed in the Office of the City Clerk on December 21,
1998, having previously been before the Council for its first reading on
Tuesday, February 16, 1999, read and adopted on its first reading and
laid over, was again before the body, Mr. Trout offering the following for
its second reading and final adoption:
(#34182-030199) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 341, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 61, page 399.)
Mr. Trout moved the adoption of Ordinance No. 34182-030199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
37
ACTION:
ZONING: Ordinance No. 34183, rezoning a tract of land lying on
the westerly side of Grandin Road, S. W., described as 1711 Grandin
Road, Official Tax No. 1440607, from RM-2, Residential Multifamily
District, Medium Density District, to C-1, Office District, subject to
certain proffers contained in the First Amended Petition filed in the
Office of the City Clerk on December 23, 1998, having previously been
before the Council for its first reading on Tuesday, February 16, 1999,
read and adopted on its first reading and laid over, was again before
the body, Mr. Trout offering the following for its second reading and
final adoption:
(#34183-030199) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 144, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 61, page 400.)
Mr. Trout moved the adoption of Ordinance No. 34183-030199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
STREETS AND ALLEYS: Ordinance No. 34184, permanently
vacating, discontinuing and closing that certain alley located between
the 900 blocks of Shenandoah Avenue and Centre Avenue, N. W.,
having previously been before the Council for its first reading on
Tuesday, February 16, 1999, read and adopted on its first reading and
laid over, was again before the body, Mr. Trout offering the following for
its second reading and final adoption:
(#34184-030199) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way in the City of
Roanoke, Virginia, as more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 61, page 401.)
38
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34184-030199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
AIRPORT-CITY PROPERTY-WATER RESOURCES: Ordinance No.
34185, authorizing the proper City officials to enter into a lease
agreement between the City and The Hertz Corporation for use of a 2.0-
acre parcel of City-owned land at 1302 Municipal Road, N. W., for the
corporation's maintenance, servicing and storage facilities, for a term
of five years, effective December 1, 1998, and ending November 30,
2003, at a total lease fee of $118,319.00 over the five-year period, upon
such terms and conditions as more particularly described in a report
from the Water Resources Committee dated February 1, 1999, having
previously been before the Council for its first reading on Tuesday,
February 16, 1999, read and adopted on its first reading and laid over,
was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(#34185-030199) AN ORDINANCE authorizing the proper City
officials to enter into a lease agreement between the City and The Hertz
Corporation for use of a 2.0-acre parcel of City-owned land at 1302
Municipal Road, N. W., for said corporation's maintenance, servicing
and storage facilities, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 404.)
Mr. Trout moved the adoption of Ordinance No. 34185-030199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
39
ACTION:
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
At 3:00 p.m., the Vice-Mayor declared the meeting in recess.
At 3:15 p.m., the meeting reconvened in the Council Chamber,
with Vice-Mayor Harris presiding, and all Members of the Council in
attendance, with the exception of Mayor Bowers.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ......................................................................... 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
OATHS OF OFFICE-COMMITTEES-FLOOD
REDUCTION/CONTROL: The Vice-Mayor advised that there is a vacancy
on the Flood Plain Committee created by the resignation of Terry
Grimes, and called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Mark E. Petersen.
There being no further nominations, Mr. Petersen was appointed
as a member of the Flood Plain Committee, for a term ending June 30,
1999, by the following vote:
40
ACTION:
ACTION:
ACTION:
FOR MR. PETERSEN: Council Members White, Wyatt, Hudson,
Swain, Trout and Vice-Mayor Harris ............................................... 6.
(Mayor Bowers was absent.)
OATHS OF OFFICE-COMMITTEES-FIRE DEPARTMENT: The Vice-
Mayor advised that there is a vacancy on the Board of Fire Appeals
created by the resignation of Corbin L. Wilson, and called for
nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of John C. Moody, Jr.
Thers being no further nominations, Mr. Moody was appointed as
a member of the Board of Fire Appeals, for a term ending June 30, 2002,
by the following vote:
FOR MR. MOODY: Council Members White, Wyatt, Hudson,
Swain, Trout and Vice-Mayor Harris ............................................... 6.
(Mayor Bowers was absent.)
OATHS OF OFFICE-COMMITTEES-LEAGUE OF OLDER
AMERICANS: The Vice-Mayor advised that the term of office of Helen J.
Hall as a City Representative to the Advisory Committee, League of
Older Americans, expired on February 28, 1999, and called for
nominations to fill the vacancy.
Mr. White placed in nomination the name of Helen J. Hall.
There being no further nominations, Ms. Hall was reappointed as
a City Representative to the Advisory Committee, League of Older
Americans, for a term ending February 29, 2000, by the following vote:
FOR MS. HALL: Council Members White, Wyatt, Hudson, Swain,
Trout and Vice-Mayor Harris ......................................................... 6.
(Mayor Bowers was absent.)
CITY MANAGER-COUNCIL: Council Member Wyatt requested
that the City Attorney provide Council with a legal opinion regarding
appointment by the Mayor of the search committee for the new City
Manager.
41
The City Attorney advised that at the Council meeting on
Tuesday, February 16, 1999, Council Member White made a motion
relating to the appointment of a committee to select a consulting firm
to assist in the selection of a new City Manager, which motion provided
that three members of Council would be assigned the responsibility of
meeting with appropriate City officials to identify an executive search
firm, etc. Subsequently, Mr. Dibling stated that by letter of February 17,
1999, the Mayor appointed three members of Council to the committee
and the question that was presented to him was whether such action
was within the authority of the Mayor. He explained that the Mayor's
appointment authority is derived from either State Code, City Charter
or City Code; however, he was unable to find any appointment power
that would relate to the Mayor's appointment of the committee.
Ms. Wyatt advised that the Mayor was not present to participate
in the discussion; therefor, she requested that discussion of the matter
be deferred until a time when the Mayor is present.
Mr. White advised that he would be opposed to deferring
discussion on the matter, he has discussed the issue with the Mayor,
and the Mayor would not be opposed to Council taking the appropriate
action to resolve the question in his absence in order for the process
to move forward in a timely manner.
Mr. White moved that Council ratify the Mayor's appointment of
a committee composed of Council Members Hudson, Chair, Swain and
Trout, pursuant to the Mayor's communication dated February 17, 1999.
The motion was seconded by Mr. Swain and adopted, Council Member
Wyatt voted no.
Ms. Wyatt advised that she holds no ill will to any one of the
three members of Council who were appointed to the committee
because they are fine representatives of the Council and will do an
outstanding job; however, there is a need for more diverse
representation on the committee, philosophically, gender-wise and age-
wise.
42
There being no further business, the Vice-Mayor declared the meeting
adjourned at 3:35 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
C. Nelson Harris
Vice-Mayor
43
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
March 15, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
March 15, 1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
Mayor David A. Bowers presiding, pursuant to Rule 1, Re~jular Meetina_s. of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin
Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A.
Bowers ......................................................................................................... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
HUMAN DEVELOPMENT: Glenn D. Radcliffe, Director, Human Development,
advised that the purpose of the briefing is to provide Council with information on
planning efforts to identify scope of services and client outcomes of the Directorate
of Human Services. He further advised that the purpose of the Human Services
planning process is to develop an outcome-focused strategic plan confirming the
mission, goals, outcome objectives and performance measures and how each
department contributes to the overall success of the directorate; to diagram the
logic and interconnectedness of the directorate's mission, outcomes, and
performance measures with City Council's vision statement; and to explore how
employees may work smarter using resources wiser, become more integrated and
supportive of each other and deliver a higher quality of services to the citizens of
Roanoke City. He stated that several critical issues have been identified that would
impact the success of planning efforts and using those efforts as grounding
principles for decisions, such as: public accountability or being good stewards of
public resources, what trades, skills, resources and environments are required for
an individual to actively live City Council's vision statement, and to evaluate
performance based upon efficiency and effectiveness in achieving the directorate's
goals and objectives. He advised that the mission of the Directorate is to help
citizens maintain and gain self-sufficiency which is looked at in terms of five critical
characteristics: responsible people, competent people, employable people, healthy
people and resourceful and proactive people. He explained that the efforts of the
Directorate have been directed toward three service areas that address specific
needs, skills and required foundations for success. He stated that given the Federal
and State mandates and available resources, those small areas are wherever the
department can make the greatest difference in the ability of people to become self-
sufficient and to secure the greatest return on the investment in the areas of:
education and employment, building life skills, strong family and quality living
environments and individual and community health. He noted that the department
will measure its success in terms of tangible achievements among clients, which
achievements are key measures of success and include looking at adults who obtain
full or part-time employment and no longer need transitional support services, adult
and family transition from homelessness or substandard housing to long term
quality housing, and insuring that youth and adults receive appropriate and needed
immunizations, preventative screening, medical care and medication.
Vickie L. Price, Executive Director, Fifth District Employment and Training
Consortium, advised that outcomes in the directorate are those benefits that the
participants receive during or after their involvement with the program which relate
to changes in knowledge, attitudes, values, behaviors and living environment. She
explained that the outcomes are education in employment by providing citizens with
those academic and occupational skills that are necessary to maintain and to retain
gainful employment through programs provided by the Fifth District Employment
and Training Consortium, the Department of Social Services, the City's Office on
Youth, and certain contracts with Total Action Against Poverty. She advised that the
second objective pertains to building life skills, strong families and a quality living
environment which provides citizens with the capacity to meet personal needs and
dependent family member needs, such as protection from abuse, neglect and threats
to safety and property, and primary providers within the Directorate for this objective
are the Department of Social Services, the Comprehensive Services Act, the City's
Office on Youth, Sanctuary, Youth Haven, libraries and the Virginia Cooperative
Extension. She advised that the third objective relates to individual and community
health which is intended to provide basic health and wellness standards through
prevention and education, treatment and inspection, and primary providers of this
objective are the Health Department, Department of Social Services, Virginia
Cooperative Extension, libraries, and contracts with Blue Ridge Community
Services.
Corrine B. Gott, Superintendent, Social Services, and Letitia E. Malone,
Manager, Youth Haven, presented an overview of success stories that address the
impact of services on individuals in the Roanoke community.
Ms. Malone introduced Mr. Scott Fisher who was placed in the care of Youth
Haven from 1996-97 for truancy and simple assault, whose family life was less than
desirable and following one year in the program, he was placed in Foster Care. She
stated that Youth Haven provided him with support, care and treatment services,
along with stabilization that ultimately changed his life. She advised that he has
come a long way from the troubled youth he was a few years ago to a young man
who now has a plan for his life with a vision and goals for the future.
Mr. Scott Fisher appeared before Council and advised that he is a 17 year old
graduate of Youth Haven I Group Home for Boys. He further advised that when he
first entered the program in 1997, he was a troubled and defiant youth who was not
in control of his life, nor did he see a future for himself outside of life on the streets;
however, because of the counselors at Youth Haven, he was able to find direction
and a new way of life. He stated that because of the programs offered by Youth
Haven, he now has an opportunity to have a better life and he is able to make
decisions in a more caring and logical manner. He advised that he is a student at
Patrick Henry High School, a member of the ROTC and he looks forward to a career
in a branch of the United States military. He expressed appreciation for the Youth
Haven program which helped him to put his life back on track.
Mr. Radcliffe advised that many of the programs of the directorate are state
and local mandated, they are sponsored on their performance and accountability,
and in order for the programs to be successful, they require a significant investment
of local resources. He explained that local services provide the most opportunity
to prevent social problems or to treat those problems before they become a crisis.
Council Member Swain requested a report on those portions of the City's
Human Development program that are in need of improvement.
Council Members Wyatt and White advised that the City appropriates funds
to agencies such as Blue Ridge Community Services, Total Action Against Poverty
and other human service agencies, and the City also provides economic
development incentives for potential business development. They suggested that
there should be a level of accountability as to how City funds are spent and services
provided and requested that the matter be referred to the City Manager for report to
Council.
The Mayor requested information on a state-wide assessment of Human
Service Departments/programs which are operated by other Virginia localities and
how the City of Roanoke's programs rank in the overall state-wide assessment.
Pursuant to question raised by Council Member Swain regarding the total
amount of funds expended through the Human Development Programs, the City
Manager responded that including Medicaid, total dollars spent by the City through
3
the Department of Social Services is $73 million, of which the Federal government
provides $42 million, the State government provides $28 million, and the local match
is approximately $2.1 million. He advised that the local match for all programs is
approximately $10 million.
There being no further questions or discussion, the Mayor advised that
without objection by Council, the briefing would be received and filed.
At 1:10 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, March 15, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin
Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A.
Bowers .......................................................................................................... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend George
Chioros, Pastor, Holy Trinity Greek Orthodox Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
The Mayor introduced and welcomed foreign exchange students
from Japan. He presented each student with a photograph of the
Roanoke Valley and a Roanoke logo lapel pin.
COUNCIL-DECEASED PERSONS: The Mayor requested that the
City Attorney prepare the proper measure memorializing the late
James E. Jones, former Member, Roanoke City Council.
CITY CLERK-CITY ATTORNEY-COUNCIL: At the City Council
meeting on Tuesday, February 16, 1999, the City Clerk was instructed
to publish the appropriate advertisement in certain publications inviting
4
applications for the position of City Attorney, which applications will be
received in the City Clerk's Office on or before 5:00 p.m., on
Wednesday, March 31, 1999.
The Members of Council also invited comments by the public
regarding the City Attorney selection process or concerning any
applicant for the position; whereupon, the Mayor inquired if any person
would like to address Council regarding the matter.
No citizen asked to be heard.
PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT-CITY MANAGER: Vice-Mayor
Harris offered the following resolution recognizing the meritorious
services rendered to the City by W. Robert Herbert, City Manager, from
November 20, 1985 to present:
(#34203-031599) A RESOLUTION recognizing the meritorious
services rendered to this City by W. Robert Herbert, City Manager.
(For full text of Resolution, see Resolution Book No. 61, page 428.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 34203-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
The Mayor presented a ceremonial copy of Resolution No. 34203-
031599 to Mr. Herbert and a crystal star to Mrs. Herbert.
ACTS OF ACKNOWLEDGEMENT-CITY ATTORNEY: Vice-Mayor
Harris offered the following resolution recognizing the outstanding
services rendered to the City by Wilburn C. Dibling, Jr., City Attorney,
from January, 1977 to the present:
(#34204-031599) A RESOLUTION recognizing the outstanding
service rendered to the City by Wilburn C. Dibling, Jr., City Attorney.
5
(For full text of Resolution, see Resolution Book No. 61, page 429.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 34204-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
The Mayor presented a ceremonial copy of Resolution No. 34204-
031599 to Mr. Dibling and a crystal star to Mrs. Dibling.
DECEASED PERSONS: Vice-Mayor Harris offered the following
resolution memorializing the late E. Laban Johnson, Jr., who served as
Special Events Coordinator for the City of Roanoke from 1985 until his
retirement in 1996:
(#34205-031599) A RESOLUTION memorializing the late E. Laban
Johnson, Jr.
(For full text of Resolution, see Resolution Book No. 61, page 431.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 34205-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
6
called specific attention to one request for Executive Session to
discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by the
Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
POLICE DEPARTMENT-DRUGS/SUBSTANCE ABUSE-CITY
SHERIFF: A report of the City Manager with regard to a response to an
inquiry on public inebriation and the legal mechanism to deal with
providers of alcohol to inebriated persons, was before Council.
The City Manager advised that at the Council meeting on
December 7, 1998, Council received a report on the jail-based public
inebriate intervention and treatment program; at that time, Council
Member Swain requested information regarding the problem of public
inebriation and the legal mechanism to deal with businesses who sell
alcohol to inebriated persons; and Council Member Swain later
indicated that he would like information as to what methods are
available to deal with businesses that sell alcohol to inebriated citizens,
and what are the general costs to the City in connection with dealing
with the public inebriate.
7
It was further advised that for fiscal year 1997-98, the Roanoke
City Police Department made 2,694 arrests for drunk in public, which
constitutes 19 per cent of the 14,109 criminal arrests made by the
Police Department in that period; while the Roanoke City Circuit Court
has recently entered interdiction orders against several individuals,
this affects only a handful of persons in the Roanoke Valley; and sellers
of alcohol are not required to inquire if the purchaser has been
interdicted.
ACTION:
It was explained that the Roanoke City Police Department last
conducted a "sting" operation to charge for illegal alcohol sales in 1996
which targeted sales to underage persons; 20 charges were placed,
and General District Court dispositions on those cases were primarily
small monetary fines; charges for sale to intoxicated individuals are
comparatively rare, as most clerks recognize their risk for such sales
to clearly inebriated persons; and investigation of illegal sales to
intoxicated persons is dependent upon police observation of the event
and then being able to prove that the seller knew or should have known
that the purchaser was intoxicated.
It was further explained that in 1998, Roanoke City Police placed
three charges for violation of Section 4.1-304, Code of Virginia; the
Roanoke office of the Virginia Alcoholic Beverage Control Department
reports that they placed five charges under the above Code section
within the City of Roanoke in 1998 which charges are predominantly for
the sale of alcohol to underage persons; no repeat offenders were
charged in 1998, and the General District Court disposition for these
cases was the imposition of fines less than $250.00; the Roanoke City
Sheriff's Department and the Roanoke City Police Department have
estimated the general cost of arresting, booking and housing the public
inebriate during fiscal year 1998, at approximately $211,000.00 for
arresting, booking and housing which does not include costs
associated with medical expenses, transporting inebriates to medical
services as necessary and other directly associated costs, nor does the
estimate include human services and preventive type services offered
to the public inebriate.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
8
ACTION:
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
BLUE RIDGE COMMUNITY SERVICES: A report of the City
Manager with regard to certain services provided by Blue Ridge
Community Services of Roanoke Valley, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be removed from the Consent
Agenda for discussion. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
LIBRARIES-EQUIPMENT: A report of the City Manager with
regard to installing computers in City libraries for use by citizens, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be removed from the Consent
Agenda for discussion. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE:
Minutes of a meeting of the Audit Committee of Roanoke City Council
which was held on Monday, March 1, 1999, were before the body.
The Audit Committee considered the following items:
FINANCIAL AUDITS:
Clerk of Circuit Court
9
ACTION:
ACTION:
FINANCIAL RELATED AUDITS:
Business License Billing
Business License Accounts Receivable
Travel Reimbursements
Summary on Vehicle Utilization
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the Minutes be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
ROANOKE NEIGHBORHOOD PARTNERSHIP-
BUILDINGS/BUILDING DEPARTMENT-OATHS OF OFFICE-
COMMITTEES: The following reports of qualification were before
Council:
Keith Moore as a member of the Roanoke Neighborhood
Partnership Steering Committee for a term ending
November 30, 2001; and
Ronald Smith as Acting Building Commissioner, effective
March 1, 1999.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
10
REGULAR AGENDA
BLUE RIDGE COMMUNITY SERVICES: The City Manager
submitted a written report advising that at the January 19, 1999,
Council meeting, Council Member Wyatt requested information on the
programs provided by Blue Ridge Community Services, specifically
information on the services/programs being provided, funding sources,
and needs or gaps in services/programs.
It was explained that information was provided for mental health,
mental retardation and substance abuse services listing services,
funding sources, numbers of clients, and mandates or restrictions, as
well as information on strategic factors influencing service delivery.
With the requirement for governing bodies to approve the
performance contract for the provision of mental health, mental
retardation and substance abuse services, the City Manager
recommended that Blue Ridge Community Services be requested to
prepare a briefing for Council on the proposed performance contract
for the 1999-2000 fiscal year within the next three months.
(For full text, see report on file in the City Clerk's Office.)
Council Member Wyatt requested that Blue Ridge Community
Services provide a briefing on its proposed performance contract for
fiscal year 1999-2000 within 90 days, which will include the following
information:
A comparison of services provided by the City of Roanoke with the
following Virginia localities: Alexandria, Portsmouth, Richmond,
Norfolk, Petersburg, Bristol, Lynchburg, Roanoke County, Vinton and
Salem; i.e.:
Amount of local, State and Federal funding;
Funding per capita;
Types of services provided (those services that are equal
to or similar to those services provided by the City of
Roanoke, services that those localities provide in addition
to services provided by the City of Roanoke, services that
the City of Roanoke provides that those localities do not
provide); and
11
An accounting of administrative staff and service provider
staff.
ACTION: It was the consensus of Council that the request of Council
Member Wyatt for additional information would be referred to the City
Manager for further report.
LIBRARIES-EQUIPMENT: The City Manager submitted a written
report providing information in response to Council Member Wyatt's
request of February 16, 1999, regarding an update on computer Internet
access in the Roanoke City public libraries.
It was advised that in the spring of 1997, using funds from the
State Library and funds from the library's operating budget, library staff
began implementation of a local area network in the Main Library for
public Internet access; in August 1998, Internet access for the public
was made available in the Main Library; a request was submitted for
CMERP technology funds in 1997 for two computers for public Internet
access in each of the five neighborhood branch libraries; and the
request was approved and funds were appropriated to CIS; two
computers with Internet access were installed in the Gainsboro Branch;
and the remaining branches received their Internet connections and
computers the week of March 1, 1999.
It was further advised that in the spring of 1998, Council Member
Wyatt inquired about the possibility of providing computers that could
run both Windows and Macintosh applications in the City's public
libraries for students to do their homework; the request was initially
interpreted as a new service related to word processing and other
computer applications needed by students, separate and in addition to
computers for Internet access; and the issue of providing computers
for word processing in the public libraries was considered by library
staff, the Library Board and the Manager of CIS.
It was explained that in August 1998, the Library Board voted not
to provide computers with word processing capabilities in the public
libraries; the Library Board expressed concern regarding the present
need for more library staff to assist students and the general public
using the Internet, and the need for timely computer maintenance
support; the Library Board agreed to revisit the issue of providing
computers for word processing after public Internet service in all City
libraries is established; and the Library Board also suggested that the
City schools provide extended hours so students and parents could
access school technology resources.
12
ACTION:
It was noted that a supplemental budget request has been
submitted for fiscal year 1999-2000 for additional extra help hours for
the library branches to provide assistance to students doing homework
and using the Internet; the City Librarian is working with the Manager
of ClS and technology staff from the City schools to add computers that
will enable students to use the Internet, as well as do homework, using
the same Macintosh and/or Windows applications that they use in
school; and it is anticipated that installation will occur within the next
two months.
(For full text, see report on file in the City Clerk's Office.)
Council Member White raised the following questions:
Why was there a delay in installing equipment? Who is
responsible for coordination of the project?
Was there proper coordination between equipment
purchased versus equipment needed?
Was it assumed by City staff that the supplemental budget
request to provide funds for additional extra help hours for
library branches to provide assistance to students doing
homework and using the Internet would be approved?
What is the total cost?
It was the consensus of Council that the questions raised by
Council Member White would be referred to the City Manager for further
report.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: Rita D. Bishop, Assistant Superintendent for
Instruction, Roanoke City Public Schools, appeared before Council and
presented a briefing in connection with the "Jason Project"
instructional program. She advised that Roanoke City is one of only 35
sites, world-wide, that has become a primary interactive network site
for the "Jason Project," which is an electronic field trip that
incorporates all of the best in science education and technology. She
further advised that an electronic field trip recently took place to the
Peruvian Rain Forest at Woodrow Wilson Middle School where children
walked over a canopy into the rain forest and took an up close look at
13
ant colonies and all of the natural resources in the rain forest, and more
than 5000 students, grades 4 - 9, from throughout the Commonwealth
of Virginia and the States of North Carolina and West Virginia
participated. She presented a video which explained the scope of the
project.
Following presentation of the video, Ms. Bishop advised that
"Jason" is an ongoing project for Roanoke City, and invited the
Members of Council to participate in the program in the year 2000
which will be combined with a space project to be known as "Noah".
There being no further discussion, the Mayor advised that
without objection by Council, the briefing would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council.
$56,367.00 from the 1998-99 Capital Maintenance and
Equipment Replacement Fund for music instrument
replacement, facility maintenance equipment,
transportation computer equipment, Monterey School roof
replacement, Addison Middle School renovation, and
improvements for Ruffner Middle School, William Fleming
High School, and Patrick Henry High School.
$30,000.00 for the 1999 Student Success Mini-Grant
program to allow individual staff members, departments,
schools or central office supervisors the opportunity to
apply for competitive grants; the grants must support
School Board goals and objectives and improve student
performance on the Standards of Learning tests; a
donation from Wachovia Bank for $30,000.00 has been
received for this new grant program.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
14
ACTION:
Mr. Trout offered the following emergency budget ordinance:
(#34206-031599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 432.)
Mr. Trout moved the adoption of Ordinance No. 34206-031599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
POLICE: Police ChiefA. L. Gaskins advised that Council Member
Swain previously requested information on crime statistics for the City
of Roanoke; whereupon, he introduced Lt. William Altoff and Sgt.
Richard Arrington for a briefing on 1998 crime statistics.
(See data on file in the City Clerk's Office.)
Following questions and without objection by Council, the Mayor
advised that the briefing would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
BUILDINGS/BUILDING DEPARTMENT-BUDGET-EQUIPMENT: The
City Manager submitted a written report advising that an existing
building permit data system, which is not Year 2000 compliant, was
developed in 1989; the Development Assistance Center (DAC) opened
in January, 1999, the purpose of which is to integrate building,
planning, and zoning functions to provide a one-stop Development
Assistance Center offering enhanced customer service to developers,
contractors, and citizens undertaking new development and
15
ACTION:
construction projects within the City; and the existing permit system
does not provide functionality to integrate activities within the
Development Assistance Center.
It was further advised that a Request for Proposal for Permit and
Inspection System was developed and two proposals were received;
Sierra Computer Systems, Inc., was unanimously selected by
department representatives as the vendor of choice to provide a Permit
and Inspection System for the DAC, Building Department, Planning and
Community Development, and the Housing Development Office, at an
estimated total project cost of $202,000.00, as follows:
$98,072.00 total estimated cost for software and services
provided by Sierra Computer Systems, Inc., for
implementation of Permit and Inspection System have
been negotiated; and
$103,928.00 total estimated cost for workstations and
network equipment to support implementation of the
Sierra System.
The City Manager recommended that he be authorized to enter
into a contract, in a form to be approved by the City Attorney, with
Sierra Computer Systems, Inc., to provide all software and professional
services to implement a Permit and Inspection System, at total cost not
to exceed $98,072.00, and appropriate $50,000.00 from CMERP.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34207-031599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and City Information System Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 434.)
Mr. Swain moved the adoption of Ordinance No. 34207-031599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
16
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt was out of the Council Chamber.)
Mr. Swain offered the following emergency ordinance:
(#34208-031599) AN ORDINANCE accepting the proposal of
Sierra Computer Systems, Inc., for all software and professional
services to implement the Permit and Inspection System, upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such software
and services; rejecting all other proposals made to the City for the
aforesaid software and professional services; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 435.)
Mr. Swain moved the adoption of Ordinance No. 34208-031599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager
submitted a written report advising that the Omnibus Fiscal Year 1998
Appropriations Act, Public Law 105-119, provides funding for
implementation of the Local Law Enforcement Block Grant Program,
administered by the Bureau of Justice Assistance (BJA), U. S.
Department of Justice; the purpose of the Local Law Enforcement
Block Grant Program is to provide local governments with funds to
underwrite projects to reduce crime and to improve public safety;
Federal funds from this grant to the City of Roanoke have been
Awarded by the U. S. Department of Justice which renews funding to
the City of Roanoke for the third year; and funds were used for
enhanced bicycle patrol last year.
17
It was further advised that grant funds available for appropriation
through the program total $143,464.00; this amount includes the grant
amount of $126,190.00, the local match of $15,774.00, and projected
interest earnings of $1,500.00; grant requirements include that funds be
placed in an interest bearing account; local match funds are available
in the Police Department's Federal Asset Forfeiture Account; and police
bicycle patrol hours could be expanded through allocation of funding.
The City Manager recommended that Council appropriate funds
from the Local Law Enforcement Block Grant, as follows:
Appropriate $143,464.00 to the following grant fund accounts:
Expendable Equipment
Police Overtime
FICA
035-050-3313-2035
035-050-3313-1003
035-050-3313-1120
$ 27,000.00
108,182.00
8,282.00
$143,464.00
Increase the following grant fund revenue estimates:
Federal Grant Receipts
Local Match
Interest
035-035-1234-7282
035-035-1234-7283
035-035-1234-7284
$126,190.00
15,774.00
1,500.00
$143,464.00
Transfer $15,774.00 from Federal Asset Forfeiture Account
No. 035-050-3304-2150 to the Local Law Enforcement
Block Grant (98~00) Revenue Account No. 035-035-1234-
7283 as a local match.
Authorize unexpended grant funds to draw interest in
accordance with grant requirements.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34209-031599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 436.)
18
ACTION:
Mr. Harris moved the adoption of Ordinance No. 34209-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
HEALTH DEPARTMENT: The City Manager submitted a written
report advising that Health Laws of Virginia, Chapter 1, Article 5,
Paragraph 32.1-31, "Operation of local health department under
contract with Board; district health departments," states as follows:
"A governing body of a city may enter into a contract with
the Board for the operation of the local health department
in such city. The contract between the City and the Board
shall specify the services to be provided in addition to the
services required by law and shall contain other
provisions as the Board and the governing body may
agree upon."
It was further advised that the contract establishes that legal
defense with respect to services performed pursuant to local
ordinance, enabling legislation set out in Title 15.1 of the State Code,
and other services set out in Attachment A (2) of the contract will be
provided by the Office of City Attorney.
It was explained that the local required match amount of
$946,857.00 (40.36 per cent of total cooperative budget) was included
in the fiscal year 1998-99 resource allocation plan adopted by Council
on May 11, 1998; and the 1998-99 Health Department Budget is based
on approved funding as follows:
State $1,399,172.00 (59.64%)
Local Match 946.857.00 (40.36%)
$2,346,029.00
Services to be in contract include the following:
Communicable Disease
Child Health
Maternal Health
19
ACTION:
Family Planning
Environmental Health
Management and Support
Dental Health
Specialty Clinic
Other Public Health Services
Including Medicaid Nursing Home Screening
Public Health Service provided under local ordinance
Including Insect Control, Rodent Control, Swimming
Facilities and Grocery Store Delicatessens.
The City Manager recommended that he be authorized to execute
an amendment to the contract, in a form to be approved by the City
Attorney, with the State Health Department as provided for in the Health
Laws of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#34210-031599) A RESOLUTION authorizing the City Manager or
his designee to enter into an amendment to the contract with the
Virginia Department of Health relating to the operation of the local
Health Department, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 61, page 437.)
Mr. Harris moved the adoption of Resolution No. 34210-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
DRUGS/SUBSTANCE ABUSE-MENTAL HEALTH SERVICES-BLUE
RIDGE COMMUNITY SERVICES: The City Manager submitted a written
report advising that the By-Laws of Blue Ridge Community Services of
Roanoke Valley were revised by the Board of Directors at its meeting
2O
on December 3, 1998; and revised By-Laws reflect the current
standards set by the State Department of Mental Health, Mental
Retardation and Substance Abuse Services as set forth in the Code of
Virginia by the 1998 Session of the General Assembly.
It was further advised that a change in By-Laws is subject to
approval of the participating governing bodies, as required by
regulations promulgated under Title 37.1, Chapter 10, Code of Virginia;
and Blue Ridge Community Services of Roanoke Valley Board has
requested that Council ratify the following changes to the By-Laws:
Article II, Section I add "to serve as an operating
Community Service Board providing".
Article II, Section III - add "emergency services".
Article III, Membership - delete "approved" and add
"jointly appointed" and "one third of the appointments to
the Board shall be identified consumers or family
members of consumers, at least one of whom shall be a
consumer receiving services. The Board shall inform the
member governments of the number of Board members in
each of the above categories prior to each appointment
cycle".
Article III - Membership, Paragraph 2, change "two" to
"three" regarding terms of services.
Article IV - Powers and Duties, Section 4, delete
"programs of" and replace with "performance contract".
Article IV - Powers and Duties, Section 9, delete
"deposited in a special account designated by the political
subdivision serving as fiscal agent as specified by
agreement of" and add "included in the performance
contract submitted to".
Article IV, Section 13, add "by an independent auditor
approved by the City of Salem, serving as fiscal agency by
agreement of the participating governments".
Article XV - delete "two weeks" and replace with "five
days".
21
ACTION:
The City Manager recommended that Council ratify the changes
as recommended by the Board of Directors of Blue Ridge Community
Services of Roanoke Valley, pursuant to regulations promulgated under
Title 37.1, Chapter 10, Code of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be referred back to the City Manager.
REPORTS OF COMMITTEES:
BUDGET-CAPITAL IMPROVEMENTS PROGRAM-RAILSIDE
LINEAR WALK: Council Member Carroll E. Swain, Chairperson, Bid
Committee, presented a written report on behalf of the Committee, in
connection with bids received by the City for construction of Phase III
of the Railside Linear Walk project which will connect the Historic
Market area and the Virginia Museum of Transportation and follows the
main line of the Norfolk Southern Railway located along Norfolk Avenue
and continues to the south side of the Warehouse Row buildings.
The Bid Committee recommended that Council approve the
following actions:
Authorize the City Manager to execute a contract for
construction of Phase III of the Railside Linear Walk along
Norfolk Avenue between First Street and Market Street, in
a form to be approved by the City Attorney, with Acorn
Construction, Ltd., in the amount of $846,000.00, with a
contingency of $67,680.00 and 180 calendar days to
complete the project.
Authorize the Director of Finance to complete the
following transactions:
Transfer $788,000.00 from 1-581 Interchange
Account No. 008-052-9545-9001 to Account No. 008-052-
9072-9001, Railside Linear Walk.
Transfer $125,680.00 from proceeds of 1996 Public
Improvement Bonds - Parks Account No. 008-052-9701-
9180, to Account No. 008-052-9072-9001, Railside Linear
Walk.
22
ACTION:
ACTION:
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34211-031599) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 438.)
Mr. Swain moved the adoption of Ordinance No. 34211-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
Mr. Swain offered the following emergency ordinance:
(#34212-031599) AN ORDINANCE accepting the bid of Acorn
Construction, Ltd., for construction of Phase III of the Railside Linear
Walk along Norfolk Avenue between First Street and Market Street,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 439.)
Mr. Swain moved the adoption of Ordinance No. 34212-031599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
23
Council Member White requested that Council be provided with
an estimate of the remaining balance in completed Capital Projects
accounts for review at the Financial Planning Session to be held on
Saturday, March 20, 1999, at 8:30 a.m.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
POLICE DEPARTMENT-TRAFFIC-CITY CODE: Ordinance No.
34197, amending or repealing certain sections of the City Code relating
to parking meters, and deleting authorization to install and maintain
parking meters in the City, having previously been before the Council
for its first reading on Monday, March 1, 1999, read and adopted on its
first reading and laid over, was again before the body, Mr. Hudson
offering the following for its second reading and final adoption:
(#34197-031599) AN ORDINANCE removing and eliminating the
authorization for the installation, maintenance, and use of parking
meters on City property by amending §4-7, Same - Same - Parkincj
Violations, §20-65, Parkinq Prohibited in Specified Places, §20-68, Time
Limitations on Parkincj, §20-69, Parkinq Requlations on Property of
Vir_~inia Western Community_ Colle_cle, §20-76, Parkincj Spaces Reserved
for Persons with Disabilities, §20-88, Duties of Police Officers, and §21-
22, Fraudulent Use of Pay Phones, Parkincj Meters, and other Coin-
Operated Machines; by repealing, §4-5, Reaulation of Vehicular and
Pedestrian Traffic - Powers and Duties-of City Manaqer, §4-8,
Damapinq, Tamperin_~ with etc., Parkinq Meters, §20-77, Parkin~l Meter
Zones, §20-77.1, Parkin_~ meter zones at Vir[linia Western Community
Collecje, §20-78, Installation and Operation of Parkincj Meters; Time
Limits; Rates, §20-79, How Parkinq Meters and Space to be Used;
Overtime Parkin~h §20-80, Manner of Parkincj Vehicles at Spaces with
Meters, §20-81, Exemptions from Certain Requirements of Parkincj
Meter Re_~ulations, §20-82, Use of Slucjs, §20-83, In_iurinq or Tamperincj
with Meters., §20-84, Effect of Division on Other Parkincj Recjulations,
§20-114, Meterincj of Unassicjned Spaces, of the Code of the City of
Roanoke (1979), as amended, and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 61, page 423.)
24
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 34197-031599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
CITY EMPLOYEES: Council Member White advised that itwas his
understanding that Council previously established a policy that the
total number of City employees would not increase. He requested that
the City Manager and the Director of Finance provide the following
information at the Financial Planning Session on Saturday, March 20,
1999:
When was the policy established and is the policy still in
effect?
Total number of City employees.
Has the City employee complement increased or
decreased? Why?
What is the direction of Council to the City administration
regarding employee complement?
It was the consensus of Council that the matter would be referred
to the City Manager and the Director of Finance for report to Council at
the Financial Planning Session on Saturday, March 20, 1999.
COMPLAINTS-FLOOD REDUCTION/CONTROL: Council Member
Wyatt inquired as to the status of concerns expressed by Mr. Mark S.
Reynolds in regard to flooding conditions in the Mudlick Creek area of
the City; whereupon, the City Manager advised that the matter is on the
pending list of items to be addressed and a report will be presented at
a future City Council meeting.
25
COMPLAINTS-PARKS AND RECREATION-BRIDGES-COUNCIL:
Council Member Swain expressed concern with regard to lifter on Wiley
Drive and the Iow water bridge leading to Wasena Park.
It was the consensus of Council that the matter would be referred
to the City Manager for appropriate response.
AUDITS/FINANCIAL REPORTS-COUNCIL-ECONOMIC
DEVELOPMENT: Council Member Swain called attention to the manner
in which the City of Roanoke is portrayed in the Virginia State
Economic Information System, and advised that Council should
support the City administration in its efforts to ensure that Roanoke is
properly presented in the State Information System.
It was the consensus of Council that the matter would be referred
to the City Manager for appropriate response.
Council Member Swain spoke in support of performing an audit
of the most recent economic development projects which were
approved by the City of Roanoke to ensure that certain commitments
are in line with the City's financial projections.
It was the consensus of Council that the matter would be referred
to the Audit Committee for appropriate response.
COUNCIL: The Mayor called attention to the ever increasing
number of requests by citizens/organizations for representation by the
Mayor's Office at special activities/events. He pointed out that this is
an important part of the every day activities of the Mayor's Office that
most citizens are unaware of and he would be appreciative of the
assistance of Council Members by representing the Mayor's Office on
an as needed basis at special activities and events.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:45 p.m., the Mayor declared the meeting in recess.
At 5:25 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
26
ACTION:
ACTION:
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
OATHS OF OFFICE-COMMITTEES-AIRPORT: The Mayor advised
that the term of office of James M. Turner, Jr., as a member of the
Roanoke Regional Airport Commission expired on March 9, 1999, and
called for nominations to fill the vacancy.
Mr. White placed in nomination the name of James M. Turner, Jr.
There being no further nominations, Mr. Turner was reappointed
as a member of the Roanoke Regional Airport Commission, for a term
ending March 9, 2003, by the following vote:
FOR MR. TURNER: Council Members Wyatt, Harris, Hudson,
Swain, Trout, White and Mayor Bowers .......................................... 7.
At 5:30 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Monday, March 15, 1999, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance, Mayor
Bowers presiding.
PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris,
W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White,
Sr., and Mayor David A. Bowers ..................................................... 7.
ABSENT: None ................................................................... 0.
27
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Mayor
Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Members of the Virginia Skyline Girl Scout Council.
CITY CLERK-CITY ATTORNEY-COUNCIL: At the City Council
meeting on Tuesday, February 16, 1999, the City Clerk was instructed
to publish the appropriate advertisement in certain publications inviting
applications for the position of City Attorney, which applications will be
received in the City Clerk's Office on or before 5:00 p.m., on
Wednesday, March 31, 1999.
The Members of Council also invited comments by the public
regarding the City Attorney selection process or concerning any
applicant for the position; whereupon, the Mayor inquired if any person
would like to address Council regarding the matter.
No citizen asked to be heard.
SCHOOLS: On June 30, 1999, the three year terms of Charles W.
Day and Brian J. Wishneff as Trustees of the Roanoke City School
Board will expire.
Pursuant to Chapter 9, Education, of the Code of the City of
Roanoke (1979), as amended, establishing a procedure for the election
of School Trustees, Council, as a Committee of the whole, agreed to
review and consider all candidates for the position of School Trustee,
and at such meeting Council shall review all applications filed for the
position and may elect to interview candidates for such positions, the
matter was before the body.
Prior to the deadline of March 10, 1999, the following persons
submitted applications:
Toni J. Brandon
Charles W. Day
Christine C. Proffitt (Application withdrawn)
28
ACTION:
ACTION:
Michael W. Ridenhour
Brian J. Wishneff
Without objection by Council, the Mayor advised that the
applications will be received and filed and the abovenamed applicants
will be interviewed by Council on Wednesday, April 21, 1999, at 6:00
p.m., in the City Council Chamber. (The location was later changed to
the Social Services Conference Room, Room 306, Municipal North.)
PUBLIC HEARINGS:
PURCHASE/SALE OF PROPERTY-CITY PROPERTY: Pursuant to
Resolution No. 25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for Monday, March 15,
1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, to
consider a proposal by the City of Roanoke to convey, by exchange, a
portion of City-owned property bearing Official Tax No. 3250801, being
a vacant lot along Tinker Creek in the vicinity of Sand Road, N. E., the
matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, March 7, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
The Water Resources Committee submitted a written report
under date of March 1, 1999, recommending that Council authorize the
City Manager to take appropriate action to advertise a public hearing
and, lacking any comments to the contrary, enter into an agreement
with Robert M. and Carolyn H. Callahan, in a form to be approved by the
City Attorney, to allow an exchange of property along Tinker Creek in
the vicinity of Sand Road, N. E., and to execute all necessary
documents to effect the exchange of property.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
29
(#34213) AN ORDINANCE authorizing the exchange of certain
City-owned property along Tinker Creek in the vicinity of Sand Road,
N. E., for certain adjacent property owned by Robert M. Callahan and
Carolyn H. Callahan, upon certain terms and conditions, and
authorizing the City Manager to sign the necessary documents to effect
this exchange.
(For full text of Ordinance, see Ordinance Book No. 61, page 445.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34213 was adopted, on its first reading, by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
OTHER HEARING OF CITIZENS:
CITY EMPLOYEES-FIRE DEPARTMENT-PENSIONS: Mr. Wilbur A.
Drewery, 844 Dillon Drive, Vinton, Virginia, a former employee of the
Roanoke City Fire Department, addressed Council with regard to his
retirement from the Fire Department just 23 days prior to adoption by
Council of a certain pension incentive ordinance which would have
netted him more retirement income. He advised that it was his
understanding that once documents are executed by an employee to
receive City pension benefits, they cannot be rescinded; however, he
called attention to two Fire Department employees who were allowed
to return to service in order to receive the enhanced retirement benefit.
He expressed concern that he was not afforded the same privilege in
order to receive the increased benefit, and requested that he be granted
the additional pension benefit inasmuch as he retired just 23 days
before enactment of the ordinance by Council. (No action was taken by
Council on the request.)
CITY MANAGER: Mr. James Armstrong, 619 Highland Avenue,
S. W., addressed Council in regard to the process for selecting a new
City Manager, and advised that selection of a City Manager is the single
most important thing that Council Members will be called upon to do.
30
He stated that the public has already participated to a large extent in
the process by electing Members of Roanoke City Council, and there
has already been a considerable amount of discussion concerning
additional public involvement, although the lack of clarification has
resulted in confusion. He explained that citizen input is, at best,
advisory, however, comments by some Council Members have been
misleading. He advised that if Council continues to make the process
public at the beginning, it will restrict choices among candidates who
may be willing to submit themselves for consideration because there
is a significant advantage to confidentiality; however, the City could be
at risk of breaking down the level of confidentiality and the confidence
that potential candidates need to insure that their application will be
treated privately. He recommended that Council do its job well, quickly
and quietly, and that Council listen to but not prejudge candidates or
make public comments about who may or may not replace the former
City Manager.
TRAFFIC-COMMISSIONER OF REVENUE: Mr. Thomas O.
Bradley, 2042 Westover Avenue, S. W., addressed Council with regard
to suggested procedures for handling City vehicle decal transfers. He
presented two scenarios for consideration that would allow the City
decal number to be included on the Virginia transfer of license plate
form, or, execution of an application for transfer of decal at the time of
purchase of the vehicle.
The Mayor requested that the matter be referred to the
Commissioner of the Revenue and to the City Manager for further
discussion with Mr. Bradley.
ACTS OF ACKNOWLEDGEMENT-YOUTH: Members of the
Virginia Skyline Girl Scout Council addressed Council in connection
with the 87th birthday of Girl Scouting which was observed on
March 12, 1999, and presented each Member of Council with a box of
Girl Scout Cookies.
There being no further business, the Mayor declared the meeting adjourned
at 7:55 p.m.
ATTEST:
APPROVED
Mary F. Parker
City Clerk
David A. Bowers
Mayor
31
SPECIAL MEETING ...... ROANOKE CITY COUNCIL
March 19, 1999
9:15 a.m.
The Council of the City of Roanoke met in special session on Friday,
March 19, 1999, at 9:15 a.m., at the Clarion Hotel - Ballroom C, 2727 Ferndale Drive,
N. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Section
10, Meetin~ls of Council, Charter of the City of Roanoke.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, Linda F. Wyatt and Mayor David A. Bowers ............................................. 5.
ABSENT: Council Members C. Nelson Harris and William White, Sr.- ......... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
The special meeting was called pursuant to the following communication from
the Mayor under date of March 18, 1999, for the purpose of considering and adopting
measures relating to an economic development matter concerning the location of
a business or industry in the City and incentives for such business or industry and
an application to the Commonwealth of Virginia Department of Transportation for
Industrial Access Road Funds to provide access to a new industrial facility.
March 18, 1999
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Re: Request for Special Meeting of Council on Friday, March 19, 1999
Dear Members of Council:
In accordance with the provisions of Section 10, Meetings of Council, of the Charter
of the City of Roanoke, I hereby call a Special Meeting of Council and provide you
with notice of that meeting. The Special Meeting is for the purpose of considering
and adopting measures relating to an economic development matter concerning the
location of a business or industry in the City and incentives for such business or
industry and an application to the Commonwealth of Virginia Department of
Transportation for Industrial Access Road Funds to provide access to a new
industrial facility.
The special meeting of Council will be held on Friday, March 19, 1999, at 9:15 a.m.,
at the Clarion Hotel, Ballroom C, 2727 Ferndale Drive, N. W., Roanoke, Virginia.
Sincerely,
DAB:jsj
GETIDAB/jsj
pc:
David A. Bowers
Mayor
W. Robert Herbert, City Manager
James D. Ritchie, Assistant City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities and Operations
William F. Clark, Director of Public Works
Glenn D. Radcliffe, Director of Human Development
George C. Snead, Director of Public Safety
Willard N. Claytor, Director Real Estate Valuation
Robert H. Bird, Municipal Auditor
Phillip F. Sparks, Chief of Economic Development
Charles Huffine, City Engineer
Mary F. Parker, City Clerk
BONDS/BOND ISSUES-BUDGET-INDUSTRIES-
TRANSPORTATION FUND-ECONOMIC DEVELOPMENT: The City
Manager submitted a written report advising that Dr. Ronald Blum, a
Roanoke resident and entrepreneur, founded Innotech which
incorporated in 1990; Innotech soon became a leader in eyeglass lens
2
technology; Johnson and Johnson purchased Innotech in March 1997;
and Innotech merged into Johnson and Johnson Vision Products, Inc.
(J & J) in October 1998.
It was further advised that J & J wishes to construct a new,
modern manufacturing and distribution facility in the City of Roanoke
specializing in vision products; the $125 million investment in new
construction and equipment within the City is expected to occur within
the first five years after completion of construction; the investment is
expected to double in size to $200 million within ten years; the project
will be the largest industrial investment in the history of the City of
Roanoke and the Roanoke Valley, with the initial building comprising
approximately 143,000 square feet; and J & J expects to employ 600
people within three years of opening, with employment projections
proposed to increase to 1200 by the tenth year.
It was explained that the Maury L. and Shelia S. Strauss property
between the Clarion Hotel and Countryside Golf course consisting of
31.206 acres has been sold to J & J for the new facility, and closing
occurred on January 19, 1999; the property is located in a
Commonwealth of Virginia Enterprise Zone known as the
581/Hershberger Subzone, which was awarded by the Commonwealth
of Virginia in October, 1998; two million dollars is expected to be made
available to the City from the Governor's Opportunity Fund (GOF) by
Governor Gilmore, from which site acquisition will account for
$1,600,000.00 and $400,000.00 for services of architects, engineers and
other consultants; the Virginia Economic Development Partnership has
informed J & J that certain incentives from the state government will be
available to J & J, subject to J & J's qualification, as follows:
Enterprise Zone Investment Tax Credit $ 5,500,000.00
Major Business Facilities Job Tax Credit
($1000.00 credit per job)
CIT Research funds
Recruiting and Training
cost avoidance
($800.00 per job)
1,842,304.00
$ 8,442,304.00
Minimum Total Tax Credits and Grants from
the Commonwealth of Virginia (including GOF
of $2,000,000.00) $10/142__304.00
It was noted that the City's appropriation or donation to the
project will be $9,174,611.00, as follows:
$2,000,000.00 - cost of off-site improvements such as
improvements to public roads, expansion of Frontage
Road and cost of right-of-way acquisition.
$4,600,000.00 - to the Industrial Development Authority
(IDA) to grant to J & J for infrastructure improvement on
the property.
$2,574,611.00 - to the IDA to grant to J & J for purchase of
equipment for job training and production.
it was advised that $7.6 million is needed to fully fund the City's
proposed appropriation or grant of $9,174,611.00; up to $450,000.00 in
State Industrial Access Road Funds will be requested from the
Commonwealth of Virginia Department of Transportation to apply
toward infrastructure cost; the Industrial Development Authority has
authority to make grants to promote economic development; the City
intends to appropriate $7,174,611.00, plus funds received from the
Governors Opportunity Fund, to the IDA to fund grants to J & J; and the
IDA has approved, by resolution, the City's request for it to provide the
described package of incentives to J & J or its assigns.
It was further advised that the City will enter into a Performance
Agreement with J & J committing J & J to the following:
J & J will expend a minimum of $125,000,000.00 within the
City between July 1, 1998 and the fifth anniversary of the
construction completion date of July 1, 2000; if the total
amount of expenditures is less than $125,000,000.00, J & J
will promptly reimburse and repay the IDA 7.34 per cent of
the amount by which such capital investment is less than
$125,000,000.00.
J & J commits to provide a minimum of 600 full-time jobs
within the City of Roanoke within 36 months from the date
J & J has obtained a permanent certificate of occupancy
4
for the facility and begins shipment of its product; if J & J
has not provided 600 such jobs by that date, then J & J
shall be entitled to keep only the percentage of the
$2,000,000.00 equal to the percentage of 600 such jobs
provided by that date and be obligated to repay the IDA
the remaining percentage for reimbursement to the
Governor's Opportunity Fund.
It was pointed out that J & J intends to begin construction by
June 30, 1999, and to begin production of its products by July 1, 2000;
the City anticipates a full return on its investment in less than eight
years from the time the facility is in production; and the Code of
Virginia gives localities the authority to issue bonds under the Public
Finance Act by holding a public hearing.
The City Manager recommended that Council approve the
following actions:
Appropriation of up to $11,174,611.00 (to include up to
$2,000,000.00 of expected GOF funds) - less $2,000,000.00
for off site improvements for Economic Development
purposes to the IDA to fund a grant to J & J.
Authorize the City Manager to enter into the performance
agreement with the IDA and J & J, or its assigns, in a form
to be approved by the City Attorney and substantially
similar to the agreement attached to the report and
allowing the IDA to make an Economic Development grant
to J & J providing for "eligible cost" including land
acquisition, site preparation, engineering, design cost,
construction cost and other cost including financial cost,
legal cost, management cost and related consultant fees;
the portion of the grant funded with money from the
Governor's Opportunity Fund will be used only toward
qualified project investment under the Fund's rules and
regulations.
Authorize the City Manager to request and accept up to
$2,000,000.00 from the Governor's Opportunity Fund and
appropriate up to $2,000,000.00 from the Governor's
Opportunity Fund proceeds to a new Economic
Development Fund Account entitled "J & J Development",
Account No. 008-002-9701; establish an accounts
receivable for the Governor's Opportunity Fund proceeds
of up to $2,000,000.00; upon certification of funding by the
City's Director of Finance.
Authorize the City Manager to request and accept
$450,000.00 from the Commonwealth of Virginia
Department of Transportation in Industrial Access Road
Funds and appropriate the funds to a new Capital Projects
Fund Account entitled "J & J Off-Site Improvements,"
Account No. 008-002-9700, and establish an accounts
receivable for the State Industrial Access Road Funds for
$450,000.00.
The following is a breakdown of proposed improvements
and funding:
Improvements and Extension of Frontage Road
Extension of Ordway
Cul-de-sac Ferndale at Ordway and at J & J property
Total anticipated City cost
less Industrial Access Road Fund
$2,000,000.00
-450,000.00
Net anticipated City cost $1,550,000.00
(which includes $150,000.00 matching
funds required for Industrial Access
Road Funds)
Appropriate $1,124,611.00 from Undesignated Capital
Funds to a new Capital Projects account entitled "J & J
Off-Site Improvements", Account No. 008-002-9700.
Authorize the City Clerk to advertise a public hearing to be
held on April 19, 1999, for the purpose of receiving citizen
input on the issuing of $7.6 million in bonds under the
Public Finance Act of the Code of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
6
ACTION:
ACTION:
(#34214-031999) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 440.)
Mr. Hudson moved the adoption of Ordinance No. 34214-031999.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt and
Mayor Bowers ............................................................................. 5.
NAYS: None ........................................................................ 0.
(Council Members Harris and White were absent.)
Mr. Hudson offered the following emergency ordinance:
(#34215-031999) AN ORDINANCE authorizing the proper City
officials to execute a Performance Agreement among the City of
Roanoke (City), the Industrial Development Authority of the City of
Roanoke, Virginia (Authority), and Johnson & Johnson Vision Products,
Inc. (J&J) that provides for J&J to provide jobs, equipment, and make
an investment for the acquisition, development, and construction of a
new facility in the City of Roanoke; that the City will undertake to
provide certain public improvements in the vicinity of such new facility;
that the City will make an appropriation of up to $9,174,611 to the
Authority, all for the purposes of promoting economic development;
authorizing the proper City officials to apply for and accept a grant or
donation from the Governor's Opportunity Fund of an amount up to
$2,000,000 to be added to the above appropriation and made available
to the Authority; authorizing the City Clerk to advertise for a public
hearing; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 442.)
Mr. Hudson moved the adoption of Ordinance No. 34215-031999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
7
AYES: Council Members Hudson, Swain, Trout, Wyatt and
Mayor Bowers .............................................................................. 5.
NAYS: None ........................................................................ 0.
(Council Members Harris and White were absent.)
Mr. Trout offered the following resolution:
(#34216-031999) A RESOLUTION authorizing the City Manager to
make application to the Commonwealth of Virginia Department of
Transportation for Industrial Access Road Funds in an amount up to
$450,000.00 for roadway construction to provide adequate industrial
access to the former Maury L. and Shelia S. Strauss property, tax map
numbers 6460101 and 6460106, in the City of Roanoke for a new
corporate prospect and authorizing the execution of any required
documentation on behalf of the City for acceptance of any such funds
which may be awarded.
(For full text of Resolution, see Resolution Book No. 61, page 443.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34216-031999.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt and
Mayor Bowers .............................................................................. 5.
NAYS: None ........................................................................ 0.
(Council Members Harris and White were absent.)
There being no further business, the Mayor declared the special meeting
adjourned at 9:35 a.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540)853-1145
June 7,1999
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request an Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
Mayor
DAB:se
June 7,1999
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for Executive Session
Dear Mayor Bowers and Members of Council:
This is to request that Council convene in Executive Session to discuss
acquisition of real property for public purpose, specifically property to be used for
Railside Linear Park, pursuant to Section 2.1-344(A)(3), Code of Virginia (1950), as
amended.
JDR:afm
Respectfully submitted,
Ritchie
Manager
CC:
Diane S. Akers, Acting Assistant City Manager
William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
Kit B. Kiser, Director of Utilities & Operations
June 7, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
RE: Request for Executive Session
Dear Mayor Bowers and Members of City Council:
This is to request that Council convene in Executive Session to discuss the disposition of
publicly held property, specifically property proposed to be conveyed for economic development
purposes, pursuant to §2.1 ~344(A)(3), Code of Virginia (1950), as amended.
j~ s,~,,~cerely yours,
D. Ritchie
Act~g City Manager
WRH/cmk
cc: X. Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
Phillip F. Sparks, Chief of Economic Development
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #79
Sandra H. Eakin
Deputy City Clerk
The Honorable Richard C. Pattisall, Judge
Twenty-Third Judicial Circuit of Virginia
Roanoke, Virginia
Dear Judge Pattisall:
Your communication with regard to a report of the Board of Equalization for the taxable
year July 1, 1999 to June 30, 2000, inclusive, was before the Council of the Gity of
Roanoke at regular meeting which was held on Monday, June 7, 1999.
On motion, duly seconded and unanimously adopted, the communication was received
and filed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
H:~AGENDA99WON7.WPD
The Honorable Richard C. Pattisall
June 10, 1999
Page 2
pc:
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
W. G. Light, Chair, Board of Equalization, 2066 Kenwood Boulevard, S. E.,
Roanoke, Virginia 24013
Rutledge W. Robertson, II, Vice-Chair, Board of Equalization, 5014 Bruceton Road,
S. W., Roanoke, Virginia 24018
Randolph E. Harrison, Jr., Secretary, Board of Equalization, 2311 Westover
Avenue, S. W., Roanoke, Virginia 24015
Willard N. Claytor, Director, Real Estate Valuation
H:'~AGENDA99~dN7.WPD
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
June 3, 1999
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Vice-Mayor Harris and Members of Council:
Please find enclosed correspondence dated May 25, i999, from
Honorable Richard C. Pattisall, Judge of the Roanoke Circuit Court.
Attached to Judge Pattisall's letter is a May 18, 1999, report from
the Board of Equalization.
As there appears to be no problems once again with the performance
of this Board, I would ask that this report be included on the
Consent Agenda for the next meeting of Council, and thereafter
received and filed.
On behalf of the Members of Council, I want to thank the Circuit
Court and the Board of Equalization for their assistance in this
process once again this year. Bill Light, Rutledge Robertson and
Randolph Harrison, always provide exemplary service to the citizens
of our great All-America City, for which we are very grateful.
Sincerely,
David A. Bowers
Mayor
DAB: jsj
Enclosure
pc:
Honorable Richard C. Pattisall, Judge, Roanoke City Circuit
Court, 315 Church Avenue, S. W., Room 333, Roanoke, Virginia
24016
W. G. "Bill" Light, Chairman, Board of Equalization, 2066
Kenwood Boulevard, S. E., Roanoke, Virginia 24013
Rutledge W. Robertson, II, Vice-Chairman, Board of
Equalization, 5014 Bruceton Road, S. W., Roanoke, Virginia
24018
Randolph E. Harrison, Jr., Secretary, Board of Equalization,
2311 Westover Avenue, S. W., Roanoke, Virginia 24015
Richard C. Pattisall
Judge
Roanoke City Courthouse
315 W. Church Avenue, S.W.
P. O. Box 21~
Roanoke, Virginia 24002-0211
COMMONWEALTH o[ VIR( INIA
23RD JUDICIAL CIRCUIT
May25,1999
RECEIVED
NAY 2 7 1999
MAYO~'~ ~'~
Phone: (540) 853-2051
Fax: (540) 853-1040
Honorable David A. Bowers, Mayor
Members of City Council
215 Church Avenue S.W.
Roanoke, Virginia 24011
RE: 1999 Report of the Board of Equalization
Dear Mr. Mayor and Members of Council:
I met with the members of the Equalization Board on May 19, 1999, at 9:00 a.m. and
generally discussed its activities. Each of the members of the Board exhibited a positive attitude
toward his work and the working relationship between the Equalization Board and the Roanoke
City Administration. Each is willing to serve next year.
I am enclosing a copy of the Report of the Board of Equalization in preparation for the
taxable year July 1, 1999, to June 30, 2000, inclusive. The Board received 37 appeals. There
were 9 commercial and industrial appeals considered with 5 affirmed value and 4 decreased
value. There were 27 residential appeals considered with 10 affirmed value, 17 decreased value.
One appeal was withdrawn before inspection.
Orders dated May 12, 1999, were mailed on May 12, 1999, informing each taxpayer of
the Board's decision.
The Board was particularly grateful to Bob Herbert, City Manager, and his staff for
providing private office space for the Board to meet with City taxpayers to perform the Board's
duties. The Board also expressed thanks to Will Claytor and his staff for their cooperation in
supplying property data and their time in meeting with the Board on accessed values. They trust
this assistance will be available for future Equalization Boards.
The Board recommends that future Equalization Boards continue to have access to the
computer service in their work and strongly recommends that furore Equalization Boards be
provided with current office space that is private and separate from the Office of Real Estate
Valuation.
Hon. David A. Bowers, Mayor
-2- May19,1999
The Board further recommends that in order to accomplish their duties as members of the
Board of Equalization of Real Estate Assessments for the City of Roanoke that it is critical to
have safe, private space for the Board to meet with City taxpayers and that such space be
provided.
If you are aware of any problems, or if you wish to offer any suggestions for the
improvement of the appointment process for the Equalization Board, please advise us. I am
providing copies of this letter to those persons indicated below.
I am enclosing a copy of the order appointing the present Board members.
It has been a pleasure working with this Board. Please advise me if I can be of further
assistance or provide further information.
Velours,
RCP/cfp
Enclosures
James D. Ritchie, Asst. City Manager
Wilbum C. Dibling, Jr., City Attorney
Honorable Clifford R. Weckstein
Honorable Robert P. Doherty, Jr.
Honorable Jonathan M. Apgar
Mr. W.G. (Bill) Light, Chairman
Mr. Rutledge W. Robertson, II, Vice-Chairman
Mr. Randolph E. Harrison, Jr., Secretary
Ms. Mary F. Parker, City Clerk
Ms. Pat Lam, Executive Secretary to the Board of Equalization
May 18, 1999
The Honorable Richard C. Pattisall
Judge of the Circuit Court
City of Roanoke
Roanoke, Virginia 24011
Dear Judge Pattisall:
We wish to inform you that the Board of Equalization has completed its
work for the taxable year July 1, 1999 to June 30, 2000.
The Board received 37 Appeals. All properties were inspected with the
following results:
37 Appeals were considered
9 Commercial and Industrial
5 Commercial and Industrial Affirmed Value
4 Commercial and Industrial Decreased Value
27 'Residential
10 Residential Affirmed Value
17 Residential Decreased Value
! Appeal was withdrawn before inspection
Orders dated May 12, 1999 were mailed on May 12, 1999 informing each
property owner of our decision.
Our thanks to the Office of Real Estate Valuation for their cooperation
in supplying property data and their time to meet with us on various properties.
We trust that this assistance will be available for future Equalization Boards.
It is recommended that future Equalization Boards continue to have access
to the computer service in their work. Also, it is recommended that future
Equalization Boards continue to have seperate office space from the Office
of Real Estate Valuation.
The Honorable Richard C. Pattisall
Page 2
May 18, 1999
Should you have any questions, please contact us.
Very truly yours,
Board of Equalization of Real Estate
Assessments for the City of Roanoke
WGL/pl
W. ~ ill) ~ht, Chai~m~n ~
~ '~~~ e~_Chairman
Randolph E. Harrison, Jr. ,/Fec~etary
2
V I R G i N I H:
IN THE CIRCUIT COURT OF THE CITY OF ROANOKE
IN RE: CITY OF ROANOKE BOARD OF EQUALIZATION
in accordance with Section 32-39, Code of the City of
Roanoke, Virginia, and Section 58.1-3370 of the Code of Virginia,
of 1950, Randolph E. Harrison, Jr., Wi!!ard G. Light and Run!edge
W. Robertson, freeholders and citizens of the City of Roanoke,
Virginia, are hereby appcinted %c the Boar~ of Equalization cf
Real Esua~e Assessment fcr the City of Roancke, Virginia, for an
alc!uzon=~-' term ~=~nc '.~a~-~ '~, -~ac, as ~rcvided bv law-, buu
hero-re ennerlng uocn uhelr duuies as such, =ack shall uake and
subsrribe -he oath cf cffize prescribed by law and shall commie-=
[ne requirements .Df ~er-zin~ on a boar/ of ecuaiizaticn ~= '~ .... ~
ky !~w. In a~pears and the Court finis uk=~ uke herein
appclnuees have completed uhe required basic course cf
instrucuion given by uhe Departmenn of Taxauion under Secuicn
58.1-206 of the Code of Virginia.
It is further ADJUDGED ORDERED and DECREED that each member
of the Board of Equalization of Real Estate Assessmenn shall be
compensated for this duties as such rate as may be fixed by City
Council as required by law, and they shall be provided such
secretarial and logistical support as Council feels appropriate.
Chief Judge
Judge
R~ . Willett, Judge .
~ -
Robert P. Doherty, Ju~
R~~~Judge
COMMONWEALTH o[ VIR( INIA
23RD JUDICIAL CIRCUIT
Richard C. Pattisall
Judge
Roanoke City Courthouse
315 W. Church Avenue. S.W.
P. O. Box 2~1
Roanoke, Virginia 24002-021
May 25, 1999
Phone: (540) 853-2051
Fax: (540) 8,53-1040
Honorable David A. Bowers, Mayor
Members of City Council
215 Church Avenue S.W.
Roanoke, Virginia 24011
RE: 1999 Report of the Board of Equalization
Dear Mr. Mayor and Members of Council:
I met with the members of the Equalization Board on May 19, !999, at 9:00 a.m. and
generally discussed its activities. Each of the members of the Board exhibited a positive attitude
toward his work and the working relationship between fl~e Equalization Board and the ¢.eanoke
City Administration. Each is willing to serve next year.
[ am enclosing a copy of the Report of~e Board of Equalization in preparation for :he
t:~.xable year July 1, 1999, to June 30, 2000, inclusive. The Board received 37 appeals. There
were 9 commercial and industrial appeals considered with 5 affirmed value and 4 decreased
value. There were 27 residential appeals considered with 10 affumaed value. 17 decreased value.
One appeal was withdrawn before inspection.
Orders dated May 12, 1999, were mailed on May 12, 1999, informing each taxpayer of
the Board's decision.
The Board was particularly grateful to Bob Herbert, City Manager, and his staff for
providing private office space for the Board to meet with City taxpayers to perform the Board's
duties. The Board also expressed thanks to Will Claytor and his staff for their cooperation in
supplying property data and their time in meeting with the Board on accessed values. They trust
this assistance will be available for future Equalization Boards.
The Board recommends that future Equalization Boards continue to have access to the
computer service in their work and strongly recommends that future Equalization Boards be
provided with current office space that is private and separate from the Office of Real Estate
Valuation.
Hon. David A. Bowers, Mayor
-2- May19,1999
The Board further recommends that in order to accomplish their duties as members of the
Board of Equalization of Real Estate Assessments for the City of Roanoke that it is critical to
have safe, private space for the Board to meet with City taxpayers and that such space be
provided.
If you are aware of any problems, or if you wish to offer any suggestions for the
improvement of the appointment process for the Equalization Board, please advise us. I am
providing copies of this letter to those persons indicated below.
I am enclosing a copy of the order appointing the present Board members.
It has been a pleasure working with this Board. Please advise me if I can be of further
assistance or provide further information.
Ve~,~,~ours,
~chard C} Pa~isall, Judge
RCP/cfp
l~ciostlrcs
c'
James D. Ritchie, Asst. City. Manager
Wilburn C. Dibling. Jr.. City Attorney
Honorable Clifford R. Weckstein
Honorable Robert P. Doherty, Jr.
Honorable Jonathan bvI. Apgar
Mr. W.G. (Bill) Light, Chairman
Mr. Rutledge W. Robertson, II, Vice-Chairman
Mr. Randolph E. Harrison, Jr., Secretary
Ms. Mary F. Parker, City Clerk ~'
Ms. Pat Lam, Executive Secretary to the Board of Equalization
May 18, 1999
The Honorable Richard C. Pattisall
Judge of the Circuit Court
City of Roanoke
Roanoke, Virginia 24011
Dear Judge Pat~isall:
We wish to inform you that the Board of Equalization has completed its
work fo= the taxable year July !, 1999 to Ju~e 20, !CO0.
The Board received 37 Appeals. All properties ~ere inspected with the
following results:
37 Appeals were considered
9 Commercial and Industrial
5 Commercial and Industrial Affirmed Value
4 Commercial and Industrial Decreased Value
27 Residential
10 Residential Affirmed Value
17 Residential Decreased Value
1 Appeal was withdrawn before inspection
Orders dated May 12, 1999 were mailed on May 12, 1999 informing each
property owner of our decision.
Our thanks to the Office of Real Estate Valuation for their cooperation
in supplying property data and their time to meet with us on various properties.
We trust that this assistance will be available for future Equalization Boards.
It is recommended that future Equalization Boards continue to have access
to the computer service in their work. Also, it is recommended, that future
Equalization Boards continue to have seperate office space from the Office
of Real Estate Valuation.
The Honorable Richard C. Pattisall
Page 2
May 18, 1999
Should you have any questions, please contact us.
Very truly yours,
Board of Equalization of Real Estate
Assessments for the City of Roanoke
WGL/pl
~~~~ e~-Chairman
Randolph E. Harrison, Jr.~,/~cYetary
2
VIRGINIA:
IN THE CIRCUIT COURT OF THE CITY OF ROANOKE
IN RE: CITY OF ROANOKE BOB=KD OF EQUALIZATION
In accordance with Section 32-39, Code of the City of
Roanoke, Virginia, and Section 58.1-3270 of the Code of Virginia,
cf 1950, Randolph E. Harrison, Jr., Willard G. Light and Rutiedge
W. Robertson, freeholders and citizens of the City of Roanoke,
Virginia, are hereby appointed to ~he Board of Equalization cf
Real Estate Assessment for the Ci5~3 ~f Roanoke, Virginia, for an
additional term. beginning March i, i339, as ~rcvided by law; bun
before entering upon their duties as .~uch, each shall take and
subscribe the oath of office ~rescribed by i~w ~nd shall complete
nhe re~uirements .of ~ ~ -
_ se.v.ng cn= bcari sf eq:~alczau~on required
b~y law. it aupears and the :cur~ finds cnaz
a~pcinzees have complened the res'aired b~sic course cf
/nsuructiDn .~iven ky the Dep.%r:,.~en5 of Tar.ration under Section
58.1-206 of the Code of Virginia.
Iz is further ADJUDGED ORDERED and DECREED that each member
of the Board cf Equalization cf Rea! Estate Assessment shall be
compensated fcr this duties as such rate as may be fixed by City
Council as required by law, and they shall be provided such
secretarial and logistical support as Council feels appropriate.
~. Willett, Judae
Rober-- P.-Doherty, 3u~*~f
Judge
R~chard C. Pannlsait, Judge
~na~han ~:. A~a'~, Judge
MARY F. PARKF.R, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 10, 1999
File #110-429
Mr. E. Douglas Chittum
3403 Pitzer Road, S. E.
Roanoke, Virginia 24014
Dear Mr. Chittum:
Your communication tendering your resignation as a member of the Board of Trustees,
City of Roanoke Pension Plan, effective May 18, 1999, was before the Council of the City
of Roanoke at a regular meeting which was held on Monday, June 7, 1999.
On motion, duly seconded and unanimously adopted, Council accepted your resignation
and received and filed the communication.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the Board of Trustees, City of
Roanoke Pension Plan, from June 6, 1994 to May 18, 1999. Please find enclosed a
Certificate of Appreciation and an aedalview photograph of the Roanoke Valley which was
issued by the Mayor on behalf of the Members of the Roanoke City Council.
With warmest regards, I am
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
James D. Grisso, Secretary/Treasurer, Board of Trustees, City of Roanoke Pension
Plan
Sandra H. Eakin, Deputy City Clerk
May 18, 1999
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Please accept this resignation from the Board of Trustees of the Roanoke City Pension
Plan effective immediately. It has been a privilege and honor to serve on this Board as an
employee representative and Vice-Chairman. This action becomes necessary as I have also
resigned from my position as Economic Development Administrator after 15 years of service to
the City.
Thank you for giving me the opportunity to serve this great community.
Respectfully,
Board of Trustees
Roanoke City Pension Plan
Vice Chairman
CCi
Robert E. Tonkinson, Jr., Chairman
James D. Grisso, Secretary-Treasurer
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 14, 1999
File #17
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
Your report recommending that the City of Roanoke offer to host annual conferences of
the Virginia Municipal League in the City of Roanoke in one or more years between 2003
and 2007, was before the Council of the City of Roanoke at a regular meeting which was
held on Monday, June 7, 1999.
On motion, duly seconded and unanimously adopted, Council concurred in the
recommendation.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
H:'~AGENDA99~N7. WPD
Office of the City Manager
June 7,1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
RE: Virginia Municipal League Annual Conference
Dear Mayor Bowers and Members of Council:
The City of Roanoke hosted the 1998 annual conference of the Virginia Municipal League
(VML) with great success! The conference generated in excess of $1.4 million in hotel revenue
and more than $2.5 million in revenue to the business community. It is time to consider competing
for future VML annual conference meeting dates.
The VML will accept submissions from local govemments to host an upcoming conference
dudng its 1999 conference in Williamsburg this fall. Committed dates for future conferences are
as follows:
DATE
HOST LOCALITY
October, 1999
Williamsburg
October, 2000
Arlington County
October, 2001
Virginia Beach
October, 2002 Norfolk
I recommend that City Council officially express its desire to host an annual meeting of
VML in one or more years between 2003 and 2007. I further recommend that Roanoke City
Council authorize the Mayor and City Manager, or their designees, to make an appropriate
presentation on behalf of the City at the 1999 annual meeting of the VML in Williamsburg, Virginia.
Respectfully submitted,
JDR:ca
cc: Mary F. Parker, City Clerk
William X Parsons, Acting City Attorney
James D. Gdsso, Director of Finance
Diane S. Akers, Acting Assistant City Manager
Room 364 Municipal South 215 Church Avenue, S,W, Roanoke, Virginia 24011-1591
CityWeb:www. ci.roanoke.vQ us
{540) 853-2333
FAX (540) 853-1138
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 10, 1999
File #15-110-304
SANDRA H. EAKIN
Deputy City Clerk
Thomas M. Winn, II, Chair
Youth Services Citizen Board
2615 Cornwallis Avenue, S. E.
Roanoke, Virginia 24014
Dear Mr. Winn:
This is to advise you that on June 1, 1999, Sherman A. Holland qualified as a member of
the Youth Services Citizen Board for a term ending May 31, 2002.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Marion A. Vaughn-Howard, Secretary, Youth Services Citizen Board
Sandra H. Eakin, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Sherman A. Holland, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Youth Services Citizen Board for a term
ending May 31, 2002, according to the best of my ability. (So help me God.)
Subscribed and sworn to before me this // day of J, ~ ~ 1999.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
C:~MAY 17.WI~D
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 10,1999
File #15-110-326
SANDRA H. EAKIN
Deputy City Clerk
J. Lee E. Osborne, Chair
Fifth Planning District Commission
5152 Falcon Ridge Road
Roanoke, Virginia 24014
Dear Mr. Osborne:
This is to advise you that on May 17, 1999, Evelyn S. Lander qualified as a member of the
Fifth Planning District Commission for a term ending June 30, 2000.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc;
Wayne G. Strickland, Executive Director, Fifth Planning District Commission, 313
Luck Avenue, S. W., Roanoke, Virginia 24016
Sandra H. Eakin, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Evelyn S. Lander, 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 Fifth Planning District Commission for a term ending June 30,
2000, according to the best of my ability. So help me God.
Subscribed and sworn to before me this (~ day of ,/~' 1999.
ARTHUR B. CRUSH, III, CLERK
BY (~ ~~~~~~~'~, DEPUTY CLERK
H :'~AGENDPO9~M~R5 .WPD
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 10, 1999
File #15-110488
SANDRA H. EAKIN
Deputy City Clerk
Charles W. Hancock, Chair
Roanoke Neighborhood Partnership
Steering Committee
1016 Estates Road, S. E.
Roanoke, Virginia 24014
Dear Mr. Hancock:
This is to advise you that on May 19, 1999, Mark A. Harris qualified as a member of the
Roanoke Neighborhood Partnership Steering Committee for a term ending November 30,
1999.
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Elizabeth A. Watson, Secretary, Roanoke
Committee
Sandra H. Eakin, Deputy City Clerk
Neighbo, rhood
Partnership Steering
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Mark A. Harris, 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 Neighborhood Partnership Steering Committee to fill
the unexpired term of Ronald H. Miller, ending November 30, 1999, according to the
best of my ability. (So help me God.)
Subscribed and sworn to before me th~q~"~ay of'~L'~X,o,-"-~ 1999.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
N :\CKI.O 1 ~AGENDA99"aMAY3.1
Vital Signs: Community Indicators for the 1 centuryi~egiOn
May 19, 1999
Mary F. Parker, City Clerk
City of Roanoke
215 Church Ave.
Room 456
Roanoke, VA 24011
Dear Ms. Parker:
I am writing to request time at the June 7th City Council meeting to present the findings
of a regional quality of life study, Vital Signs: Community Indicators for the New Century
Region. This project, which grew out of a regional visioning process involving more than 1,000
volunteers throughout the New Century Region, is now located at Hollins University. We
believe this report is extremely valuable for community planning efforts and of particular interest
to public policymakers.
Co-chair of the Vital Signs Steering Committee, Robert Manetta, will accompany me, and
we will bring copies of the complete report for all Council Members. I have enclosed an
executive sunmam3r of the 121-page document.
Thank you for your assistance in this matter.
Project Director
Enclosure
Cc: Robert Manetta
P.O. Box 9515, Roanoke, VA 24020-1515
(540) 362-6426 · Fax: (540) 362-6286
E-mail: tcomwell~hollins.edu
Web site: www.hoilins.edu
VITAL SIGNS:
COMMUNITY INDICATORS FOR THE
NEW CENTURY REGION
Executive Summary
May 11, 1999
VITAL SIGNS 1998
COMMUNITY INDICA TOPS FOR THE NEW CENTUR Y REGION
Executive Smmnary
Background
In 1993 business and community leaders fi.om the New River and Roanoke
valleys formed an organization to design a strategic plan for the future of their region of
western Virginia. Known as the New Century Region, this area encompasses
approximately 500,000 people and includes the counties of Alleghany, Bland, Botetourt,
Craig, Floyd, Franklin, Giles, Montgomery, Pulaski, Roanoke, and Wythe (Smythe was
added after Vital Signs 1998 was published), and the independent cities of Clffion Forge,
Covington, Radford, Roanoke, and Salem. Ixxl by the New Century Council, more than
1,000 citizen volunteers throughout the region participated in a planning process which
identified goals and strategies designed to achieve a desim, ble, sustainable future.
Of primary importance to the process was the agreement that the path to this
future involved complex interconnections between various aspects of society- economic,
cultural, environmental, and social- and that these aspects must be monitored to ensure a
high quality of life for everyone. One of the major recommendations fi.om the New
Century Council's Quality of Life Committee was to establish various community
indicators, collect data pertaining to each indicator, compare the data with other areas
around the state and nation, and determine where the New Century Region has strengths
and weaknesses. This profile could then be used to create programs designed to correct
deficiencies, promote strengths, and, in general, help support a high quality of life for the
regior~
_The Community Indicators Program
When the New Century Council's visioning process was complete, several
projects were selected for implementation. One of these projects was the Community
Indicators Progrmn. Led by the Community Indicators Committee, the process involved
selecting indicators, compiling and analyzing data, and publishing a report. Indicators
were selected by the committee with advice fi.om local organizations which collected the
data from both the Roanoke and New River valleys and suggestions fi.om more than 300
citizens gathered fi.om a newspaper questionnaire and surveys of local leaders. The data-
gathering organi?ations formed what the committee has called "The Partnership," in
essence, the heart of the project. The Partnership consists of pairs oforgani?ations, one
each fi.om the New River and Roanoke valleys, which provide the research for each of
the indicators.
Indicators
While hundreds of communities across the country have also begun to 'Yate" their
regions, each chooses different indicators. The categories chosen for the New Century
Region are: Population, Community, Economy, Education, Environment, and Health.
Related to each indicator are historical data, trendlines, projections, and interpretations of
the indicator's significance for the region. For example, data related to the Health
Indicator include infant mortality rote, prevalence of prenatal care, tobacco usage,
accidental injury rates, and number of suicide deaths. Although ,the report presents and
analyzes data for the entire region, the .Appendix lists corresponding data individually for
each county and city within the region. This material allows each locality to see specific
areas, which might be of local concern.
Targ~s
Once the data is assembled, it can be compared to specific targets to determine
how well (or poorly) the region rates with respect to the chosen target. The first report,
Vital Signs I998, did not set specific targets in most cases, but did compare data, where
applicable, to figures from Virginia or the nation as a whole.
The Results
While Vital Signs 1998 has attempted to present the most reliable, current data in
an unbiased manner, interpretations of some data may differ. Still, specific quantifiable
information does provide a picture of the "objective quality of life" of the region. The
"subjective quality of life," a complex combination of objective elements and the
individual's perception of well-being is, of course, beyond the scope of the current
analysis.
Below is a brief overview of each indicator highlighting strengths and areas of
concern as indicated by the data:
POPULATION
Strengths
· Slow growth makes sustainable future possible
· Fewer traffic jams, less pollution, lower crime rates, slower pace of life
Areas of Concern
· Slow population growth makes economic growth more difficult
· Population decline in relation to the state as a whole may lower legislative influence
· Slow growth makes gradual degradation of environment hard to detect
· With the shift to a larger proportion of older residents the region must he prepared to
provide appropriate services
COMMUNITY
Strengths
· The region has a highly developed social support and health care network
· Rate of teenage mothers has dropped and is lower than the rate for Virginia
· Rate of out-of-wedlock births is lower than that of Virginia
· Person-to-person crime and property crime rotes are consistently lower than
Virginia's rates
· Number of incidents of weapons in schools has been declining, while Virginia's rate
has changed little
· Rate of arrests for possession of narcotics is lower than that for Virginia
· The number of individuals served by large arts and cultural organi?ations, as well as
the number of volunteers and staff associated with these groups, has been increasing
steadily
· The region has four times the parks and recreational acreage per person than Virginia
as a whole and, at 9.9 acres per 1,000 residents, nearly achieves the historically
accepted standard of 10 acres per 1,000 residents
· Voting rates closely track those of Virginia, but turnout is often higher in local and
state elections
Areas of Concern
· Poverty rates are higher than Virginia or the U.S.
· Percent of children living in poverty has increased dramatically
· Divorce rate is higher than that of Virginia
· Child abuse and elderly abuse have continued to increase slowly and rates are higher
than those of Virginia
· Juvenile crime rate is higher than that of Virginia
· Rate of DUI arrests exceed those of Virginia
· School incidents involving alcohol or drags are higher than those of Virginia
· Library use is not increasing like that of the state average
ECONOMY
Strengths
· Rate of unemployment is low, matching Virginia and running consistently below the
national averages, with some areas of the region rtmning below the state average
· Job base is diverse
· Per capita income has grown almost 29 percent since 1990
· Number of students continuing their education beyond high school has increased
significantly since 1986
Areas of Concern
· Percent of employment opportunities paying enough to support a family of three has
been decreasing
· "Buying power index" and "Community wealth indicator" reflect declining economic
standards relative to the state
· Per capita income for the region is lower than the state and the nation
· More than 30 percent of the area's adults lack a high school diploma
· The area has a widening disparity between lower- and upper-income households
· Average daily number of passengers boarding commercial aircraft in the region has
been static or declining; however, current figures show a slight increase
EDUCATION
Strengths
· Student enrollment is increasing
· Student drop out rate stays close to the state average of 5 percent
· Attendance rotes at community colleges are higher than those of the state
· The region offers diverse opportunities for higher education
Areas of Concern
· The region consistently scores below the state average on standardized tests
· The region is below the state average for annual per student expenditures
· The economic burden of attending a four-year college has increased for the residents
of the region and is nearly 50 percem greater than for residents of Virginia
ENVIRONMENT
Strengths
· Air and water quality are generally good
· The region has a large portion of the national forest land in Virginia
Areas of Concern
· In 1995, 28 percent of toxic chemical releases allowed in the state were in the region
while the region accounts for only 12 percent of the land and 7 percent of the
population
· Atmospheric inversions often trap unhealthy air in the valleys and the hospitalization
of children for asthma in the region is nearly double the rate for the state as a whole
· Annual solid waste disposal per person is above the U.S. EPA average annual
estimates
· The region reflects the state and national trend of decreasing farmland
· "Best Management Practices" are often not applied to private timber harvests
· The 70 percent of land that is not protected by the state or federal governments is also
not protected by local governments t}om ridgeline and steep-slope development
HEALTH
Strengths
· Infant mortality rate has decreased and is lower than the rate in the state as a whole
· Prenatal care has increased
· The percentage of 4~ and 5t~ graders passing physical fitness tests in the region is
higher than the percentage of students passing in the state as a whole
Areas of Concern
· The percentage of residents not having health insurance is slightly higher than that of
Virginia
· Rates of tobacco usage are higher for the region than for the state
· Coronary heart disease deaths are higher in the region than in Virginia
· The rate of accidental deaths is higher in the region than in the state
· Suicide rate is higher than the rate of Virginia
· Hospitalization due to diabetes mellitus is higher in the region than in the state
The Challenge
Clearly, most residents of the New Century Region value the close ties among
individuals - a special sense of community -- that can develop when living a lesser-
populated area. They also appreciate the scenic beauty and the slower pace of life found
in western Virginia. The challenge is to increase economic vitality in a sustainable
fashion that protects the highly valued natural and cultural heritage of the New Century
Region and to ensure that all residents of the area can enjoy this same high quality of life.
To be successful at this task, all sectors of the region must understand the inter-
relationships between the indicators - brought together and analyzed for the first time in
Vital Signs -- and the value of keeping score in order to track progress. The New Century
Region can then move beyond simple caretaking to leadership that will ensure a
sustainable future in the 21 st century.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 10, 1999
File #60-.467
SANDRA H. EAKIN
Deputy City Clerk
Marsha W. Ellison, Chair
Roanoke City School Board
2030 Knollwood Avenue, S. VV.
Roanoke, Virginia 24018
Dear Ms. Ellison:
I am enclosing copy of Resolution No. 34307-060799 amending Resolution No. 33429-
061697, previously adopted on June 16, 1997, authorizing the School Board for the City
of Roanoke to expend funds, in the amount of $10,600,000.00, for adding to and improving
the present school building at Addison Middle School and declaring the City's intent to
borrow to fund or reimburse such expenditures. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
James D. Ritchie, Sr., Acting City Manager
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, P. O. Box 13145, Roanoke,
Virginia 24031
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34307-060799.
A RESOLUTION amending Resolution No. 33429-061697, previously adopted on June 16,
1997, authorizing the School Board for the City of Roanoke to expend funds for adding to and
improving the present school building at Addison Middle School and declaring the City's intent to
borrow to fund or reimburse such expenditures.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The amount that the School Board of the City of Roanoke is authorized to expend out
of the City's capital improvement fund for the cost of adding to and improving the present school
building at Addison Middle School (the "Project") is increased from $9,400,000.00 to
$10,600,000.00.
2. Due to circumstances arising after the adopting of Resolution No. 33429-061697, the
maximum principal amount of debt now expected to be issued for the Project is $10,600,000.00,
rather than $9,400,000.00.
3. This resolution shall be effective immediately.
ATTEST:
City Clerk.
.~~ Marsha W. Ellison, Chairman F.B. Webster Day
Melinda J. Payne, Vice Chairman Sherman P. Lea
' Charles W. Day Ruth C. Willson Cindy H. Lee, Clerk of the Board
x..Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951
Brian J. Wishneff
Dr. E. Wayne Harris, Superintendent
May 26, 1999
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
The Roanoke City School Board respectfully requests that Roanoke City
Council adopt the enclosed reimbursement resolution at its June 7 meeting. The
City's bond counsel recommends that this reimbursement resolution be adopted in
order to update the original reimbursement resolution for Lucy Addison Middle
School that was adopted in June, 1997. City Council and the School Board have
already approved the appropriation of $10.6 million in capital funds for the project
and the adoption of the reimbursement resolution will bring the reimbursement
amount into line with the appropriated amount.
The adoption of this reimbursement resolution will facilitate the release of
State Literary loan funds for the Addison project in late June or early July.
Sincerely,
Marsha W. Ellison, Chairman
re
Enc.
CC:
School Board Members
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. James D. Ritchie
Mr. William X Parsons
Mr. James D. Grisso
Preparing Students for Success
1 Marsha W. Ellison, Chairman F.B. Webster Day
Melinda J. Payne, Vice Chairman Sherman P. Lea
Chades W. Day Ruth C. Willson
Roanoke
City School Board P.O. BOX 13145, Roanoke, Virginia 24031 · 540-853-2381
Brian J. Wishneff
Dr. E. Wayne Harris, Superintendent
Cindy H. Lee, Clerk of the Board
· Fax: 540-853-2951
May 26, 1999 c:;
Mrs. Mary F. Parker, CMC/AAE
City Clerk .~
City of Roanoke ;~:
Roanoke, VA 24011
Dear Mrs. Parker:
The Roanoke City School Board respectfully submits the enclosed request for
City Council's agenda for its June 7 meeting.
Thank you for your attention to this matter.
re
Sincerely,
Cindy H. Lee, Clerk
Enc.
Preparing Students for Success
June 7,1999
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Please reserve space on Council's agenda for a presentation, to include a
video, regarding the Consumer Confidence Report (CCR) which is a requirement of
the Safe Drinking Water Act of 1967. This program is being administered through the
Environmental Protection Agency (EPA) and requires each water system to provide
each of their customers with a report every 12 months. Approximate time desired is
8 minutes.
Respectfully submitted,
D. Ritchie
City Manager
JDR:KBK:afm
cc: William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Jesse H. Perdue, Jr., Water Department Manager
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File ~-.427
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
Your report recommending contribution of funds, in the amount of $11,250.00, to the
History Museum and Historical Society of Western Virginia for completion of the "Ships and
Shipmates" of Roanoke Valley exhibit, was before the Council of the City of Roanoke at
a regular meeting which was held on Monday, June 7, 1999.
On motion, duly seconded and unanimously adopted, Council concurred in the
recommendation.
MFP:Io
pc:
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
D. Kent Chrisman, Executive Director, History Museum & Historical Society, P. O.
Box 1904, Roanoke, Virginia 24008
James D. Grisso, Director of Finance
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
Glenn D. Radcliffe, Director, Human Development
H:LA, GENDA99kUL~7.WPD
Roanoke, Virginia
June 7, 1999
99-18
Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Members of Council:
Subject:
I. Background:
History Museum & Historical Society of Western Virginia's request for
funding towards the "Ships and Shipmates" of Roanoke Valley exhibit
Forty-three American ships, five of them military, have carried the name o£
"Roanoke."
In June 1997, the Roanoke Magazine published an article titled "USS Roanokes"
which featured five U.S. Naval ships that were named for the City of Roanoke and
the Roanoke River.
Co
After this article was published, the History_ Museum and Historical Society (thc,
Museum) was approached by several naval alumni interested in developing an exhibil
to showcase Roanoke's naval heritage.
Do
The Museum, obtaining support of numerous individuals and groups including th~;
Naval League, is preparing an exhibit that will focus on eight specific Roanoke ships
in great detail. The exhibit will display numerous artifacts relating to the ships
named for Roanoke and will feature pictures of enlisted men and naval officers from
the Roanoke area.
The Museum has found that professionally-crafted scale models of the ships serv~,
as the most important focal points of these exhibits after visiting numerous naval
museums and displays.
II. Current Situation:
mo
In March 1999, the Museum requested that the City of Roanoke contribute $15,000
towards the development of this exhibit.
Bo
In April 1999, the Ci_ty contributed $3,750 to the Museum for the development of the
model of the CL-145 USS Roanoke.
Members of Council
Page 2
III.
Co
Issues:
The Museum re uests that the Ci contribute the balance of 11 250 so that the
exhibit can be completed.
Ao
B.
C.
D.
Funding
Timing
Educational Impact
.Economic Impact
IV.
.Alternatives:
Authorize the Acting Ci_ty Manager to contribute funding in the amount of $11,251}
~o the History Museum and Historical Society for the completion of the Ships and
Shipmates Exhibit.
ao
Funding is available from excess funds budgeted for the City of
Roanoke's share for Roanoke Valley Television and has been
transferred to account #001-002-7220_3776.
bo
Timing is important as the exhibit needs to be completed as soon as
possible so that more Roanoke residents and tourists can begin to
learn about the historical significance of the ships that bear Roanoke's
name.
Co
Educational Impact will be significant. Due to the large span of time
in American history that these ships were in use, the exhibit will play
a significant role in the educational program that has been developed
by the Museum to enhance social studies SOLs.
Economic Impact could be significant. Properly promoted, the
military portion of the exhibit will provide an additional incentive for
those individuals who will visit the D-Day Memorial in Bedford to
extend their visit to downtown Roanoke.
Members of Council
Page 3
Vo
Bo
Do not authorize the Acting Ci_ty Manager to contribute funding in the amount of
$11,250 to the History_ Museum and Historical Society for the completion of the
Ships and Shipmates Exhibit.
a. Funding would not be an issue.
b. Timing. The completion of the exhibit will be delayed.
Educational Impact of the Museum will be delayed until the exhibit
can be completed.
d. Economic Impact could be reduced until the exhibit can be
completed.
Recommendation:
mo
Authorize the Acting Ci_ty Manager to contribute funding in the amount of
$11,250 to the Histo _ry Museum and Historical Society on behalf of the Ci_ty
for the completion of the Ships and Shipmates Exhibit.
CC:
(~Respectfully submitted,
{a~.es D. Ritchie
A,~sistant City Manager
Acting Assistant City Manager
City Attorney
Director of Finance
Acting Budget Administrator
Director of Human Development
Executive Director, History Museum & Historical Society
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #60-79
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34308-060799 amending and reordaining certain
sections of the 1998-99 General Fund Appropriations, providing for appropriation of
$14,450.00 for the City Treasurer's Office; and $27,400.00 for the Commissioner of the
Revenue's Office, in connection with reimbursements from the Commonwealth of Virginia
in association with the Personal Property Tax Relief Act of 1998. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, June 7, 1999.
Sincerely, .~~
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable David C. Anderson, City Treasurer
James D. Ritchie, Sr., Acting City Manager
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
H 5.AGENDA99'~JUN7. WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of June, 1999.
No. 34308-060799.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
General Government $11,475,562
City Treasurer (1) ......................................... 946,802
Commissioner of the Revenue (2) ............................. 1,002,448
Revenues
Grants-in-Aid Commonwealth $ 41,313,028
Shared Expenses (3-4) ..................................... 7,125,268
1) Expendable Equipment
2) Furniture and Equipment
3) Commissioner of
the Revenue
4) Treasurer
(001-020-1234-2035) $ 14,450
(001-022-1233-9005) 27,400
(001-020-1234-0612)
(001-020-1234-0613)
27,400
14,450
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Members of Council:
Roanoke, Virginia
June 7, 1999
99-19
II.
Subject:
Reimbursements from the State of Virginia in association with the Personal
Property Tax Relief Act of 1998.
Background:
The Virginia General Assembly approved the Personal Property_ Tax Relief Act of
1998 (PPTRA) in spring 1998. The PPTRA will be phased in over a five year
period beginning with the 1998 year. The phase in schedule is as follows: 12.5% in
1998; 27.5% in 1999; 47.5% in 2000; 70% in 2001; and 100% in 2002 for the first
$20,000 of a vehicle's assessed value.
This legislation requires local governments to make certain changes in their billing
of personal property tax systems.
City Information Systems (CIS) working with the Commissioner of Revenue and the
Treasurer, made the required modifications to the personal property tax systems to
comply with the mandated PPTRA.
Do
The State will reimburse local governments for expenses associated with the
implementation of this mandated legislation at the local level.
Current Situation:
The Ci_ty will receive reimbursement in the amount of $14,450 for expenditures
incurred in the City Treasurer's Office.
The Ci_ty will receive reimbursement in the amount of $27,400 for expenses incurred
in the Commissioner of the Revenue's Office.
The reimbursement associated with the phase-in of the PPTRA was not included in
the FY 1998-99 General Fund Budget.
This funding will be used for one-time expenses for the acquisition of computer
equipment and office furniture.
Members of Council
Page 2
III. Issues:
A. Funding
B. Timing
IV. Alternatives:
Authorize the Director of Finance to increase the revenue estimate by $14,450 for the
City Treasurer's Office and by $27,400 for the Commissioner of the Revenue's
Office and to appropriate $41,850 to the appropriate expenditure accounts:
a. Funding is available from the State of Virginia.
Timing is important as funding needs to be appropriated by June 30,
1999.
Do not authorize the Director of Finance to increase the revenue estimate by $14,450
for the Ci_ty Treasurer's Office and by $27,400 for the Commissioner of the
Revenue's Office and to appropriate $41,850 to the appropriate expenditure
accounts:
ao
b°
Recommendation:
Funding would not be appropriated from the State of Virginia to
supplement the operating expense budget and for one-time expenses
for the requisition of computer equipment.
Timing. Funds would not be appropriated by June 30, 1999.
Authorize the Director of Finance to increase the revenue estimate by $14,450 for
the Ci_ty Treasurer's Office and by $27,400 for the Commissioner of the Revenue's
Office and to appropriate $41,850 to the following expenditure accounts:
001-020-1234-2035
001-022-1233-9005
Expendable Equipment
Furniture and Equipment
$14,450
$27,400
CC'.
Acting Assistant City Manager
City Attorney
Director of Finance
Acting Budget Administrator
Commissioner of the Revenue
City Treasurer
Members of Council
Page 3
Respectfully submitted,
~~.~h~
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File 60-77-405
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34309-060799 amending and reordaining certain
sections of the 1998-99 General Fund Appropriations, providing for transfer of $29,~500.00
from Jail Recovered Costs to Fees for Professional Services to fund the 1-73 study. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Ritchie, Sr., Acting City Manager
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
Phillip F. Sparks, Chief, Economic Development
H :~AGEND A99b'LrN7, WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of June, 1999.
No. 34309-060799.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Ar~0ropriation_~
Public Safety $ 39,202,129
Jail (1) .................................................. 8,105,050
Community Development $ 2,785,080
Economic Development (2) ................................... 377,465
1) Reimbursements (001-024-3310-8005) $ (29,500)
2) Fees for Professional
Services (001-002-8120-2010) 29,500
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Honorable Mayor David A. Bowers
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
June 7, 1999
Council Report # 99-21
SUBJECT: Transfer of funds for the 1-73 Study
BACKGROUND:
Ao
1-73, a new proposed interstate highway, is being studied by the Virginia
Department of Transportation (VDOT). At present, three (3) proposed
routes are being considered.
Bo
Ci_ty Council was briefed on the importance of the 1-73 corridor to
Roanoke City businesses in summer, 1998.
Co
Ci_ty Council requested a study of the economic impact on city businesses
for all three proposed routes.
II.
CURRENT SITUATION:
Bo
Co
.Economic impact study proposals were received from three companie.s:
Economic Development Research Group, Hagler Bailly Services, Inc, and
Hunter Interests, Inc.
Bo
The proposal costs for the economic impact study exceeded $30,000. All
companies were requested to reduce the scope of services for the study to
lessen the total cost.
Proposals were received from two companies.
The preferred firm, Economic Development Research Group.. submitted a
cost of $29,500. (Scope of services attached.)
Funds for the study are not available from any Economic Development
Account, but are available from Jail Recovered Costs.
Mayor and Members of City Council
June 7, 1999
Page 2
III. ISSUES:
A. Timing
B. Funding
C. Informed decision
IV. ALTERNATIVES:
Ci_ty Council authorize transfer of $29,500 from Account #001-024-3310-
8005 (Jail Recovered Costs) to Account #001-002-8120-2010 (Fees for
Professional Services.)
Timing is crucial because VDOT will have completed its
environmental impact study by late summer, early fall.
Funding is essential now in order to have the economic impact
study completed by late summer, early fall.
o
An informed decision by City Council on their preferred route
requires the economic impact information.
Bo
.City Council not authorize the transfer of $29,500 from Account #001-
024-3310-8005 (Jail Recovered Costs) to Account #001-002-8120-2010
(Fees for Professional Services.)
Timing of the study could not coincide with the VDOT
environmental study public hearings on the desired route for 1-73.
2. Funding would not be an issue.
City Council would have to make a decision without knowing the
economic impact of any of the three proposed routes.
Mayor and Members of City Council
June 7, 1999
Page 3
Ve
RECOMMENDATION:
Ao
Recommend that City Council adopt Alternative A to transfer $29,500
from Account # 001-024-3310-8005 (Jail Recovered Costs) to Account #
001-002-8120-2010.
Respectfully Submitted,
~A~ng ~i~t~ ~<~CMhi~
LSB/crnk
cc: Diane S. Akers, Acting Assistant City Manager
James D. Grisso, Director of Finance
X Parsons, Acting City Attorney
William F. Clark, Director of Public Works
Kit B. Kiser, Director of Utilities and Operations
Sherman M. Stovall, Management and Budget
Phillip F. Sparks, Chief, Economic Development
I}iEconomic
l~Development
~))/~:' R~esea rch Group
Glen Weisbrod
10 High St., suite 620, Boston, MA 02110 Tel 617-338-6775
Fax 617-338-1174 e-mail info@edrgroup corn
February 1 I. 1999
:\Is Linda Bass
Office of Economic Development & Grants
Mtmicipal Building. Room 357
215 Church .awenue. S.\V.
Roanoke. \':& 24011
Dear Ms Bass:
RE: 1-73 Economic Impact Study- Revised Proposal
Response to Inquiry. In your recent telephone inquiry, you asked if we could submit a proposal
tbr a reduced scope of work at a lower cos! than that r~fl~cted in our proposal of October 12.
1998. We are indeed able to do that. and a reduced scope of work with a lower budget is
provided below. However. we are at this time fidly booked up with work tlu'ough April 1999. so
we can only undertake this work if you can accept a time period of May- July 1999.
Changes in Proposed Work Plan. This letter represents a revised proposal. The scope of work
is essentially the same as that of the prior proposal with the lbllowing changes:
· (Task 1) The highway network anah.'sis will focus on the overall vahle ofhiglm,'ay cost and
time savings, and exclude separate analysis of interchanges.
· (Task 2) The business interx'iex,vs will be conducted by telephone.
· (Task 4) The analysis of direct economic benefits will be summarized by area and general
type of business (but not by a detailed breakdown oi' business Lvpes).
· (Task 5) The I*IPL4, N model ~x'ill be used for short-term impacts (rather than the REMI
model which also would provide more precise forecasts of Ionger4enn impacts).
Project Objective. The purpose of the proposed anah'sis is to assist the Cih' of Roanoke by
assessing diftbrences in the likely economic impacts a..('sociated with tlu'ee aliernative alimun'ents
for the 1-73 extension: ( 1 ) throueb the City of Roanoke. (2) East of Roanoke (with a spur to the
Cit).'), and (3) West of the CitY. In particular, there is an interest in distino~uishine economic
impacts on the Ci/x' and redistribution the of economic impacts betxveen tl~-e CiW ~and the
surrounding region.
Proposed Scope of Work. There are six tasks:
I) ~Hiehwav Network .4alalvsis. Existing businesses in tile Ciw and the rest of file state wlfich
now use the highway system will realize dit'l,erent levels of'benefit associated with tile
alternative hiehwav improvements. To assess these impacts, we will ask the Cilx' to reqt,est
fi'om VDOT the required traffic data. This will include peak and oil'-peak tratt]~: volumes
('~'MT). travel times (VHT). truck, car mode split and levels of congestion for the affected
highway segments under the tlu'ee alternative aligmnents. We will then apply.' this information
to estimate the overall value ofhiehxvay travel benefits to businesses within the City and
sun'ounding region, under the tlu'e~e alternatives.
2) Business Interviexvs. We will ask tile CJI)' to supply tis with a list of 8-16 key persons to
interview, who represent important viewpoints and sources of intbrmation. This should cover
expected impacts on existing shippers and abutters, as well as opportunities fi.~r new office and
industrial park development, as presented by key public and private-sector interests. Aspects
of competition behveen dex'elopment sites in tile City and surrotmding region should also be
covered. We will interview those persons by teleph}me.
3) Review of Findines Elsewhere - The strength of the study findings will also be enhanced by
the abilib. to cite examples of research and cases elsewhe're that show how hio~hwav bypasses
and interchanges positively and negatively affect different ~'pes and locations of retail and
non-retail business activil¥. We x~'ill accordinelv develop a brief analysis of findines fi'om
relevant cases elsexvhere. ~
4)
Estimate Direct Economic Benetits. Tile traffic changes will ditl'erentially a_~l,ect different
15. 'pes of businesses m the City and surrounding reo~ion. We will develop a profile ofbt,siness
patlerns and trends for the aft,ected impact areas, combine that with information obtained
the traffic analysis (task 1) and business interviews (task 2). and use it to provide estimates of
the distribution of direct economic benefits (and dis-benefits) for businesses directly using the
highway.-system or relying on access to that system. This xvill be done for each of ihe tlu'ee
alternatives. '
5)
Estimate Indirect and Induced Economic Impact:.:. The total economic impacts will be
calculated as the sum of direct impacts on e.,dsting shippers, hiehwav-dependent businesses.
and business attraction as well as redirect impacts (on ~uppliers to the directly-
- -- opportunities .....
afl',ected businesses) and induced impacts (associated with respending on worker income on
consumer expenditures in the Cilv). To calculate these efl,ects, we will acquire tile IMPLAN
economic impact models customized tbr tile Cil)' and also Ibr the surrounding region. This
model will be used tbr analysis of short-term overall impacts (occurring within 3 years)..4al
estimate of longer-term overall impacts will also be made.
6)
Report and Presentation. We will summarize tile anal¥'sis results and findines in a re orr.
suitable for public dissemination. The CiP,' will have ,~n opporn, milv to review a dra;p
and provide '~ . report
comments prior to file development of a final version. Any fi~rther in-person
presentation and:'or Power Point slide show may also be provided tlu-ou.oh an add-on budget.
We will plan to make hvo person trips to Roanoke: one at tile be.oimlin~o of the prqject and one at
tile end. ~ ~
Cost. The estimated cost tbr this work is as follows:
Task 1. Highway Network .-~mlx'sis -- $ 5.000
Task 2. Business Interviexvs -- S 5.000
Task 3. Review of Findings Elsewhere-- $ 4.000
Task 4. Direct Economic Benelits -- $ 5.000
Task 5. Indirect & Induced Impacts -- $ 6.500
Task 6. Report & Presentation -- $ 4.000
Total Cost
$29.500
A. dditional trips and follow-up work will be provided on request and billed on a time and
materials basis.
Sincerely.
Glen Weisbrod
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #24-144-289
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
A report recommending repeal of Chapter 14, Garba,qe and Refuse, and enactment of new
Chapter 14.1, Solid Waste Mana,qement, of the Code of the City of Roanoke, (1979), as
amended, to update the regulation of solid waste collection, and amending the Ci~'s Fee
Compendium to establish fees in connection with the City's Solid Waste Management
Program, was before the Council of the City of Roanoke at a regular meeting which was
held on Monday, June 7, 1999.
On motion, duly seconded and unanimously adopted, the matter was tabled until the
regular meeting of Council on Monday, June 21, 1999, at 2:00 p.m.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Glenn D. Radcliffe, Director, Human Development
H:~AGENDA99~J~7 WI~D
James D. Ritchie, Sr
June 10, 1999
Page 2
pc:
George C. Snead, Jr., Director, Public Safety
Barry L. Key, Manager, Office of Management and Budget
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
James A. McClung, Manager, Solid Waste Management
H:'~AGEND A99~,IN7. W'PD
June 7, 1999
Council Report Number 99-114
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of City Council,
Subject: Recommendation to Amend Chapter 14 of the City Code (1979), to better
support the programs and policies of Solid Waste Management.
BACKGROUNn
mo
A_.12..fi.e,_ti~ was given on May 17, 1999 to City Council outlining the proposed major
changes to the current ordinance.
~ are changed from time to time to accurately reflect the programs and
policies of the current Solid Waste Management department.
Citizen Advisory_ Committees were formed to work on various solid waste
issues, such as bulk/brush collection and automated refuse collection.
Neighborhood Groups and Associatiom have continuously raised issues about
neighborhood cleanliness, lack of enforcement and lack of clear, up-to-date
enforceable ordinances. The city's solid waste service is intended basically for
residential properties, including some small apartment units and some limited
commercial establishments. It is not intended for large complexes or most commercial
and industrial developments.
The Solid Waste Ordinances have not been reviewed in total in many years, but minor
changes to reflect operational situations have been done periodically.
II.
CURRENT SITUATIONS
Implementation of Automated and Semi-Automated refuse collection has necessitated
some changes in the ordinances. The changes are reflective of the modernization
of solid waste practices.
Bo
l~ffective measures are needed to efficiently address the concerns of the
neighborhoods, such as illegal storage of refuse containers, early placement of bulk
and/or brush and illegal placing of materials.
Citizen committee formed and developed what it determined to be an adequate
level of service for weekly refuse collection, bulk and brush collection and household
trips to the Tinker Creek Transfer Station.
IAw. g!g_ti~ was given for citizen review of proposed changes. Copies were placed
in libraries, mailed to neighborhood groups and the property owner's association and
their availability was advertised on Channel 3.
III. ISSUES
Ao
Responsiveness to Neighborhood Concerns
B. Increased Service Efficiency
C. Adequate Level of Service
D. Enforcement
E. Public Education Plan
IV. ALTERNATIVES
Ao
City Council approve the attached ordinance amending the City Code, which will
address the issues listed below:
Neighborhood Concerns were addressed originally by stating that containers
may be stored no closer to a street than the principal building. Per Council's
suggestion, this has been modified to read "where placement in a location no
closer to the street than the building line is impractical or not feasible, the City
Manager may designate an alternative location". Citizens will be allowed to
set out material anytime during the day prior to the scheduled bulk item and
bulk brush collection. Also per Council's suggestion the section regarding the
removal of the containers from the street by 7:00 p.m. the day of collection
was modified to read removal by 7:00 a.m. the day after collection.
Increased Service Efficiency will be achieved by changing the definitions in the
chapter to better reflect the method of collection being utilized. Limited
commercial accounts will be given the automated refuse collection containers
and will be charged accordingly, if during any quarterly billing period they
have an average of more than 3 automated refuse containers. This will avoid
duplication of collection routes by residential and commercial trucks.
Increased service efficiency in the Central Business District is obtained through
the proposal to charge only for non-recyclable materials collected. Any
material set out for collection under the "blue bag" recycling program would
not count towards the I 1 bag maximum at which point a charge is incurred.
Adequate Levels of Service as determined by the citizens committee are
achieved through the changes proposed by these ordinances.
No more than two containers per household will be allowed.
The 95 gallon container provided by the city was determined to be
adequate for a family of four. Larger families of six or more shall be
allowed a second container free of charge.
Any other citizens requesting a second container would be charged for
the container, not for collection. Allowing any more would require
extra equipment as it would significantly increase route size.
Other options for citizens requiring more space are bulk/brush
collection and the six free dumps allowed at the transfer station.
Only single family dwelling units and multi-family units of 5 or less
units will be eligible to receive bulk item and bulk brush service.
The number of free bulk item and bulk brush collections per
household address will be limited to 4 per calendar year. These
pickups can be tracked through the city's new customer service
system, Respond. A limited number of pickups was proposed as a
means of discouraging abuse of the service by a few customers.
Two additional pickups will be offered for a fee of $25.00 for the fifth
and sixth pickup. Any pickup requirements beyond six must be
handled by the citizen.
Each residential address will be allowed up to six visits to the Tinker
Creek Transfer Station free of charge per calendar year. This was
included to encourage those who may have more than the allowed six
bulk and brush collections per year to haul the material to the Transfer
Station.
Enforcement of ordinances has always been a concern of neighborhood
leaders. The current enforcement process is cumbersome. With the proposed
ordinances, staff recommends utilization of supervisory staff as Special
Conservators of the Peace. A special Conservator of the Peace has the
authority to charge a violator without a warrant (i.e., using a summons issued
on the spot) in such instances as set out in the Virginia Code.
A Public Education Plan must be comprehensively developed and implemented
in order for the changes requested in the ordinance to be followed. The
effective date of the ordinance should be July 1, 1999 to allow for this
comprehensive campaign. The plan must encompass all media available and
as much "face to face" interaction as possible. All avenues available through
the government access channel will be utilized. Printed material will be used
door to door, as well as be available in all public buildings, such as libraries.
A representative from the staff will attend all neighborhood association
meetings. Use of the City Page is planned, as well as encouraging the local
newspapers to write articles on the changes in the ordinances and the effects
of those changes.
City_ Council not approve, the proposed changes to Chapter 14 of the City
Code.
Responsiveness to neighborhood concerns would not be improved as Solid
Waste Management would not have the ability to address the issues.
2. Increased service efficiency would not occur.
Adequate level of service for bulk item and bulk brush collection, as
determined by a citizens group, would not be implemented and the current
level of abuse by some citizens would continue.
4. Enforcement will continue to be an issue with neighborhood groups.
5. A Public Education Plan will not be necessary.
RECOMMENDATION
City Council concur with alternative "A" and approve the attached ordinance
amending the City Code by incorporating the changes described above with an
effective date of August 1, 1999. Also approve amendments to Fee Compendium to
provide for charges for pickup of Bulk Items/Bulk Brush beyond four in a twelve
month period.
Respectfully submitted,
a D Ritchie
Ja_n~ .
Acting City Manager
Attachments
cc: William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director of Public Works
Kit B. Kiser, Director of Utilities and Operations
Glenn D. Radcliffe, Director of Human Development
George C. Snead, Director of Public Safety
Barry L. Key, Manager, Management and Budget
Sherman M. Stovall, Acting Budget Administrator
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #60-144
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34310-060799 amending and reordaining certain
sections of the 1998-99 General Fund Appropriations, providing for transfer of $332-000.00
from Salary Lapse to Solid Waste Management Refuse, in connection with refuse disposal
program requirements in Solid Waste Management for fiscal year 1998-99. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Ritchie, Sr., Acting City Manager
William F. Clark, Director, Public Works
James A. McClung, Manager, Solid Waste Management
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
H:~AGENDA99b'UN7.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of June, 1999.
No. 34310-060799.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
ADDroDdations
Public Works $ 24,765,879
Solid Waste Management Refuse (1) ......................... 5,232,825
Nondepartmental $ 63,125,526
Salary Lapse (2) .......................................... 160,000
1) Fees for Professional
Services (001-052-4210-2010) $ 332,000
2) Salary Lapse (001-002-9410-1090) (332,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
June 7, 1999
Council Report No. 99132
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
Funding Adjustments To Cover Refuse Disposal Program Requirements
In Solid Waste Management For FY 1998-99
I. Background:
The adopted budget for Solid Waste Management for FY 1998-99 was prepared
based on several budget assumptions regarding the cost of operating refuse disposal
programs.
Estimated tons of refuse to be disposed of at the Roanoke Valley Resource
Authority during FY 1998-99 was budgeted to be forty seven thousand and
twenty-two (47,022) tons. The tonnage is now expected to be fifty thousand
seven hundred and nineteen (50,719) tons. The entire overage resulted from
a greater than expected quantity delivered to the Roanoke Valley Resource
Authority by city residents.
Refuse delivered by city homeowners expected to be disposed of at the
Roanoke Valley Resource Authority was one thousand two hundred (1,200)
tons. The revised estimate for this fiscal year is four thousand eight hundred
and ninety-seven (4,897) tons.
Contract labor was not funded in the current budget year. However, there
were implementation costs associated with Phase II of automation continuing
into FY 1999, as well as the issue of those employees who are unable to
perform the duties for which they were originally hired or have extended
absences from work. This necessitated the need for the use of contract labor.
II. Current Situation:
Financial assumptions on which the budget for operating disposal programs was
prepared changed during the fiscal year because of the following:
Homeowners tons hauled to the Resource Authority exceeded budgeted
amounts by an estimated three thousand six hundred and ninety-seven (3,697)
Mayor Bowers and Members of City Council
June 7, 1999
Page 2
III.
IV.
tons during this fiscal year. This was the only category to exceed the
budgeted estimate. This excess tonnage will cost an additional $203,335.
At the recommendation of a citizen's committee, a new proposed ordinance
limits the number of free trips taken to the Roanoke Valley Resource
Authority to six per year, which should help to control this expense related
to free dumping by homeowners.
The use of contract labor was not funded in the current budget year. Approximately
$128,665 will be spent on outside labor. This labor force was utilized mainly to
complete the final stage of implementing automated/semi-automated refuse collection.
It was also necessary to augment vacant positions during the transition process. A
majority of these funds were expended in the first six months of the fiscal year and
since that time period the only utilization has been during emergency situations.
Issues:
A. Refuse disposal programs
B. Funding availability
Alternatives:
City Council authorize the transfer of $332,000 from the General Fund Personnel
Lapse account 001- 002- 9410-1090 to the Solid Waste Management Refuse budget
account 001- 052-4210-2010.
1. Refuse disposal programs can be continued at the basic service levels
required.
2. Funding is available in the General Fund Personnel Lapse account.
City Council not authorize the transfer of $332,000 to the Solid Waste Management
Refuse budget account 001-052-4210-2010.
Refuse disposal programs cannot be continued at the basic service levels
required.
2. Funding would remain available in the General Fund Personnel Lapse account.
Mayor Bowers and Members of City Council
June 7, 1999
Page 3
V. Recommendation:
City Council approve Alternative A, authorizing the transfer of $332,000 from the General
Fund Personnel Lapse account 001-002-9410-1090 to the Solid Waste Management Refuse
budget account 001-052-4210-2010.
Respectfully submitted,
· Ritchie
g City Manager
JDR:JAM:mc
pc: City Attorney
Director of Finance
Director of Public Works
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #60-183
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34311-060799 amending and reordaining certain
sections of the 1998-99 General and Capital Projects Fund Appropriations, providing for
appropriation of $100,000.00 to Capital Projects Fund, Environmental Issues, in cormection
with environmental studies, legal services, consultant and expert fees and related
expenses at the City's Public Works Service Center. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Ritchie, Sr., Acting City Manager
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
H :'~AGEND A99~O'N 7, WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of June, 1999.
No. 34311-060799.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General and Capital Projects Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Non-departmental
Transfer to Other Funds (1) ..............................
Contingency (2) .......................................
Capital Projects Fund
Appropriations
General Government
Environmental Issues (3) ................................
1) Transfer to Capital
Projects Fund (001-004-9310-9508) $100,000
2) Contingency (001-002-9410-2199) (100,000)
3) Appropriated from
General Revenue
(008-052-9670-9003) 100,000
$ 62,205,589
61,540,378
301,872
$ 22,113,869
815,200
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk.
June 7, 1999
Council Report No. 99-134
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
SUBJECT:
Environmental Issues
Public Works Service Center
II.
The Virginia Department of Environmental Quality (DEQ) notified the City
of Roanoke in late July 1997 of a report of possible unauthorized disposal
of waste materials at the City's Public Works Service Center property on
Courtland Road, N. W.
Subsequent investigations determined some buried drums of paint-like
and tar-like products and solvents, and also quantities of inorganic
material (broken pipe, guardrails, crushed empty barrels, etc.)
Current Situation:
Ao
Excavated materials have been removed from the sit~ and sent to proper
disposal locations.
The City continues to work with DEQ and the federal Environmental
Protection Agency (EPA) to complete investigations and develop a
mutually acceptable plan for addressing all issues which have arisen
during the course of this matter. It is expected to be at least a number of
months until this matter is brought to a close.
Approximately $710,000 has been expended through May 1999 for
environmental studies, legal services, disposal fees, consultant and expert
fees, and related expenses. Approximately $100,000 is needed to pay for
services already rendered and/or anticipated for the remainder of this
fiscal year. Additionally, approximately $478,000 has been included in
Transfers to Capital Projects Fund in the recently adopted budget to pay
the costs estimated to be incurred during the upcoming fiscal year.
Honorable David A. Bowers, Mayor
and Membem of City Council
Page 2
June 7,1999
III. Issues:
IV.
Environmental Compliance
Funding
Legal Compliance
Alternatives:
City Council appropriate $100,000 to Capital Projects Fund Account No.
008-052-9670-9003 Environmental Issues - Public Works Service Center
for environmental studies, legal services, consultant and expert fees, and
related expenses.
Environmental Compliance will be ensured as the City continues to
make changes and improvements in operational procedures and
physical features related to state and federal regulations.
2. Funding is available in the FY 1998-99 General Fund Contingency.
Legal issues as to compliance with environmental regulations and
any required remediation will be resolved with EPA and DEQ as
soon as possible.
City Council not appropriate $100,000 to Capital Projects Fund Account
No. 008-052-9670-9003 for environmental studies, legal services,
consultant and expert fees, and related expenses.
Environmental Compliance will be more difficult as the City
continues to make changes and improvements in operational
procedures and physical features related to state and federal
regulations. Eventually, appropriations will be necessary as
existing operating accounts will not have sufficient funds to pay
anticipated expenditures.
2. Funding will remain available in the General Fund Contingency.
Legal issues may not be resolved as expeditiously and cost
effectively without the benefit of experts.
Honorable David A. Bowers, Mayor
and Members of City Council
Page 3
June 7, 1999
V. Recommendation:
City Council concur with Alternative A and appropriate $100,000 to Capital
Projects Fund Account No. 008-052-9670-9003 Environmental Issues - Public
Works Service Center, for environmental studies, legal services, disposal fees,
consultant and expert fees, and related expenses.
Respectfully submitted,
JDR:WFC:hw
CC:
William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director of Public Works
Kit B. Kiser, Director of Utilities & Operations
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #332-511
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34312-060799 authorizing a contract between the
City of Roanoke and Lumsden Associates, P. C., not to exceed $100,000.00, for
professional services for the Greater Henry Street Development Project. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
F. A. Johnson, President, F. A. Johnson Consulting Group, Inc., 1520 Senate
Street, Columbia, South Carolina 29201
Vernice J. Law, President, Roanoke Neighborhood Development Corporation, 1509
Lafayette Boulevard, N. W., Roanoke, Virginia 24017
H:~.GENDAggk,qJN7. WP D
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34312-060799.
AN ORDINANCE authorizing a contract between the City of Roanoke and Lumsden
Associates, P.C., for the provision of professional services for the Greater Henry Street Development
Project; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager or the Assistant City Manager and the City Clerk are hereby
authorized to execute and attest, respectively, a contract between the City of Roanoke and Lumsden
Associates, P.C., for the provision of engineering drawings and cost estimates for public
infrastructure construction in the Greater Henry Street Development Project.
2. The amount of the contract shall not exceed $100,000 and the form of the contract
shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report
to this Council dated June 7, 1999.
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.
June 7, 1999
Council Report No. 99-135
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
CONSULTANT SERVICES CONTRACT FOR
INFRASTRUCTURE IMPROVEMENTS IN DOWNTOWN
NORTH IN THE AREA OF HENRY STREET AND
JEFFERSON STREET
Background on the subject in chronological order is as follows:
mo
The above development project includes the area bounded by Wells Avenue, Gainsboro
Road, Jefferson Street and Shenandoah Avenue~
Several projects are proposed for the project area including, the Roanoke Higher Education
Center to be located in the former Norfolk & Western General Office Building North,
Market rate rental apartments to be located in the Norfolk and Western General Office
Building South and "The Yard" at Henry Street, a commercial development project
proposed by the Roanoke Neighborhood Development Corporation.
All of the proposed developments require some degree of public infrastructure construction
that may include improvements to streets, sidewalks, street lighting, landscaping, storm
drains and parking.
Do
A consultant is needed to prepare preliminary and final engineering drawings to define the
scope and cost of needed infrastructure improvements in the project area. The consultant
will be required to complete preliminary cost estimates on an expedited basis. The
preliminary cost estimates are needed to help determine the magnitude of City participation
in the projects.
II.
Current situation is as follows:
A request for consultant qualifications proposals was advertised in The Roanoke Times on
Sunday, March 21, 1999 and The Roanoke Tribune on Thursday, March 25, 1999.
Proposals were received by the Manager of Supply Management on Friday, April 2, 1999.
The five (5) firms submitting proposals were: Engineering Concepts, Inc., Hayes, Seay,
Mattern & Mattern, Inc., LMW, P.C., Lumsden Associates, P.C. with Marsh Witt
Associates, P.C. and The Wallace Group, Inc.
Co
A consultants selection committee composed of the following persons reviewed all of the
qualification proposals:
Honorable Mayor and Members of City Council
GREATER HENRY STREET DEVELOPMENT PROJECT
CONSULTANT SERVICES CONTRACT
June 7, 1999
Page 2
Vemice Law
Charles Price
Frank Baratta
Jan G. Bruce
Philip C. Schirmer
Roanoke Neighborhood Development Corporation
Roanoke Neighborhood Development Corporation
Grants Monitor, Grants Compliance
Project Manager, Roanoke City Engineering Department
Assistant City Engineer, Roanoke City Engineering Department
The selection committee interviewed Engineering Concepts, Inc., Hayes, Seay, Mattern &
Mattern, Inc., LMW, P.C., and Lumsden Associates, P.C. on Wednesday, April 21, 1999.
The committee selected the firm Lumsden Associates, P.C., 4664 Brambleton Avenue,
S.W., Roanoke, Virginia 24018, as the best qualified consultant for the proposed work.
III.
Issues in order of importance are as follows:
A. Timing
B. Funding
C. Cost
IV.
Alternatives in order of feasibility are as follows:
A. Authorize the City Manager to execute a contract, in a form approved by the City Attorney,
with Lumsden Associates, P.C., in an amount not to exceed $100,000 to provide
professional services for the Downtown North Development Project.
1. Timing will permit the Downtown North Development Project to begin. Many of
the proposed improvements need to be in place by September, 2000.
2. Funding for the study is available in the Fiscal Year 2000 CDBG budget.
3. Cost of the study is reasonable for the work to be performed.
B. Do not authorize the City Manager to execute a contract with Lumsden Associates, P.C. for
the Downtown North Development Project.
1. Timing for completion of the study will be delayed.
2. Funding will remain available.
3. Cost is not an issue.
Honorable Mayor and Members of City Council
GREATER HENRY STREET DEVELOPMENT PROJECT
CONSULTANT SERVICES CONTRACT
June 7, 1999
Page 3
Recommendation is as follows:
City Council concur in alternative "A" and take the following actions:
Authorize the City Manager to execute a contract, in a form approved by the City Attorney,
with Lumsden Associates, P.C. in an amount not to exceed $100,000 to provide professional
services for the Downtown North Development Project.
Funding is available in the Fiscal Year 2000 CDBG budget for the Downtown North
Development Project.
Respectfully submitted,
JDR/PCS
Attachments
C~
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 13, 1999
File #102-107-181
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34313-060799 authorizing the City Manager to enter
into engineering service contracts with Hayes, Seay, Mattern & Mattern, Inc., and Mattern
and Craig, Inc., for the performance of certain bridge, overhead sign, and parking,garage
inspection services. The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
Hayes, Seay, Mattern & Mattern Inc., 1315 Franklin Road, S. W., Roanoke, Virginia
24016
Mattern & Craig Consulting Engineers Surveyors, 701 First Street, S. W., Roanoke,
Virginia 24016
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Ellen S. Evans, Construction Cost Technician
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
D. Darwin Roupe, Manager, Supply Management
H:~AGENDA99XJUN7 WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34313-060799.
A RESOLUTION authorizing the City Manager to enter into separate three (3) year engineering
services contracts with certain engineering firms providing for the performance of certain bridge, overhead
sign, and parking garage inspection services.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized,
for and on behalf of the City, to execute and to attest, respectively, a three (3) year engineering services
contract with Hayes, Seay, Mattern & Mattern, Inc. for the provision by such finn of bridge, overhead sign,
and pm:king garage inspection services, as more particularly set forth in the June 7, 1999, report of the City
Manager to this Council, for an amount not to exceed $48,000 for the first year and with the second and
third years to be negotiated according to the scope of work for each year.
2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized,
for and on behalf of the City, to execute and attest, respectively, a three (3) year engineering services
contract with Mattem & Craig, Inc., for provision by such firm of bridge, overhead sign, and parking garage
inspection services, as more particularly set forth in the June, 7, 1999, report of the City Manager to this
Council, for an amount not to exceed $51,800 for the first year and with the second and third years to be
negotiated according to the scope of work for each year.
3. The form of the contract with each firm shall be approved by the City Attorney.
ATTEST:
City Clerk.
June 7, 1999
Council Report No. 99-136
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject: 3-YEAR BRIDGE INSPECTION PROGRAM 1999-2001
I. Background:
1 978 Surface Transportation Act enacted by Congress requires that all
bridges, including "off Federal Aid System" structures, must be included
in the bi-annual inspection program.
Supplementary Bridge Inspection Reports are required on sixty-five (65)
structures in the City of Roanoke this year. Forty-one (41) structures are
inspected annually while twenty-four (24) structures are inspected bi-
annually.
Federal Highway Administration has established a new requirement that
overhead sign structures are to be inspected. Fifteen (15) of these
structures exist within the City.
Inspection of five (5) parking structures are required, three (3) every four
(4) years and two (2) every two (2) years, by prudent engineering
practices.
3-Year Bridge Inspection Program (1996-1998) was performed by Hayes,
Seay, Mattern & Mattern, Inc. and Mattern & Craig, Inc. 1998
inspections were performed by:
1. Hayes, Seay, Mattern & Mattern, Inc.
32 Bridges, 2 original bridge reports, 1 5 overhead signs
at a cost of $78,400.
2. Mattern & Craig, Inc.
40 Bridges, 2 parking structures and the old
Jefferson Street underpass, at a cost of
867,200.
Honorable Mayor and Members of City Council
RE: 3-Year Bridge Inspection Program 1999-2001
June 7, 1999
2of5
II.
Current situation is that Engineering Services Qualification Proposals for the
necessary technical inspection and reports were publicly advertised and
received from:
* Hayes, Seay, Mattern & Mattern, Inc.
* L.A. Gates
* Mattern & Craig, Inc.
Ao
Selection of the firms for consideration was based on the following
criteria:
1. Qualification of personnel
2. Time available to meet schedule
3. Experience in performing bridge inspections
4. Ability to produce project on time
5. Local accessibility for project coordination and cooperation
6. Response to request for proposal
7. Past record with City of Roanoke
Interviews were held with all three (3) qualified firms. Staff team
included Philip C. Schirmer, P.E., Assistant City Engineer, Cassandra D.
Altice, Civil Engineer I, Jan G. Bruce, Engineering Technical Supervisor.
Complexity of Bridge Inspections again led the staff to select two (2)
qualified firms to complete two (2) portions of work.
Negotiations were conducted with the two (2) most qualified firms
(Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, Inc.) for the
necessary technical inspections and reports.
Honorable Mayor and Members of City Council
RE: 3-Year Bridge Inspection Program 1999-2001
June 7, 1999
3of5
E. Scope of work to be performed includes:
Field investigations of bridges by each firm to include pertinent
roadway approaches, waterways, piers and abutments, bearings,
stringers, beams, girders, decks, expansion joints, curbs, sidewalks,
bridge railings, culverts, and signing.
Inspection reports to be prepared with sketches and/or photographs
to adequately describe deficiencies and problem areas.
Final inspection documents completed in accordance with the
Federal, State and City criteria regarding the bridge inspection
program. All reports to be completed before the end of 1 999.
In-depth inspections have been stressed by Federal and State Highway
agencies related to a particular aspect of bridge inspection as a result of
catastrophic bridge failures in other states in recent years. The agencies
require:
Underwater bridge inspections require more care to detect possible
erosion of support in waterways beneath bridge structures. Many
of the City's bridges being inspected are above waterways, the
majority of which have structural supports underwater. These
structures must be analyzed physically and mathematically to
determine catastrophic scour potential.
Go
Fee for engineering services is based on actual manhours used to
physically review each component of the bridges, signs, parking garages,
and tunnel. Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig,
Inc., in following this billing procedure, offer reasonable manhour pay
rates.
III.
Issues in evaluating the proposal and awarding contracts to firms known to be
qualified are:
A. Inclusion of proper work scope
B. Ability to meet time schedules
C. Reasonableness of fee
Honorable Mayor and Members of City Council
RE: 3-Year Bridge Inspection Program 1999-2001
June 7, 1999
4of5
D. Availability of funding
IV.
Alternatives for providing the necessary work are:
A. Award enqineering services agreements to Hayes, Seay, Mattern &
Mattern, Inc. and Mattern & Craig, Inc. in amounts of $48,000 and
$51,800 respectively for the work.
1. Inclusion of proper work scopes has been reviewed and verified.
2. Ability to meet time schedule has been reviewed and verified.
3. Reasonableness of fee has been established through negotiation in
accordance with the scope of work.
4. Availability of funding exists as follows:
Bridges/Signs:
Account //001-052-4310-3072
$99,800
Bo
Do not award enqineering services aqreements to Hayes, Seay, Mattern
& Mattern, Inc. and Mattern & Craig, Inc. in amounts of $48,000 and
951,800 respectively.
Inclusion of proper work scope would have to be deferred to the
City or other consultants.
Ability to meet time schedule would be jeopardized.
Reasonableness of fee cannot be assured.
Availability of funding would remain in the respective accounts.
Recommendation is that the City:
A. Award separate three (3) year engineering services agreements in forms
approved by the City Attorney to Hayes, Seay, Mattern & Mattern, Inc.,
Honorable Mayor and Members of City Council
RE: 3-Year Bridge Inspection Program 1999-2001
June 7, 1999
5of5
1315 Franklin Road, S.W., Roanoke, Virginia 24016 and Mattern &
Craig, Inc.. 701 1st Street, S.W., Roanoke, Virginia 24016 in amounts of
$48,000 and $51,800 respectively for the first year (1999) for bridge,
overhead sign, and parking structure inspection services as set forth in
this report.
Year 2 (2000) and Year 3 (2001) shall be negotiated with Hayes, Seay,
Mattern & Mattern, Inc. and Mattern & Craig, Inc. according to the work
scope for that year.
Funding is available for the first year contracts in the FY 1999-2000
Adopted Budget as follows:
Hayes, Seay, Mattern & Mattern, Inc.:
32 Bridge Inspections
001-052-4310-3072
$48,000
TOTAL CONTRACT AMOUNT
$48,000
Mattern & Craig, Inc.:
33 Bridge Inspections
O01-052-4310-3072
$51,800
TOTAL CONTRACT AMOUNT
$51,800
~,~. s.pectfully submitted,
J_a' .m,~s D. Ritchie
Acting City Manager
JDR/JGB/fm
Acting City Attorney
City Clerk
Director of Finance
Director of Public Works
City Engineer
Assistant to City Manager for Community Relations
Construction Cost Technician
Acting Budget Administrator
Manager, Office of Supply Management
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #60-67-256-472
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34314-060799 amending and reordaining certain
sections of the 1998-99 General and Capital Projects Funds Appropriations, providing for
appropriation of $26,551.00 from 1998-99 Capital Maintenance and Eq~pment
Replacement Program, as follows: $18,954.00 to Parks and Recreation and $7,597.00 to
Engineering, in connection with installation of fire and security alarms for the Parks and
Recreation main office and recreation centers, and new electrical wiring and related
services for Washington Park and Fallon Park swimming pools. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc;
James D. Ritchie, Sr, Acting City Manager
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
John W. Coates, Manager, Parks and Recreation
D. Darwin Roupe, Manager, Supply Management
Barry L. Key, Manager, Office of Supply Management
H:~AGENDA99~IUN7.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of June, 1999.
No. 34314-060799.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 General
and Capital Projects Funds Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1998-99 General and Capital Projects Funds Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Aoorooriations
Parks, Recreation and Cultural $ 4,415,097
Recreation (1) ............................................. 1,810,929
Nondepartmental $62,113,186
Transfers to Other Funds (2) ................................. 61,447,975
Fund Balance
Reserved for CMERP - City (3) ................................ $ 626,846
Capital Proiects Fund
Appropriations
Recreation $ 3,721,824
Municipal Swimming Pools (4) ................................ 255,597
1) Other Equipment (001-052-7110-9015) $ 18,954
2) Transfer to Capital
Projects Fund (001-004-9310-9508) 7,597
3) Reserved for
CMERP - City (001-3323) (26,551)
4) Appropriated from
General Revenue (008-052-9723-9003) 7,597
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
June 7, 1999
Council Report #99-344
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT:
Appropriation of Funds from
Current Year Capital Maintenance
and Equipment Replacement
Program
Background on the subject in chronological order is:
Ao
The Current Year Capital Maintenance and Equipment Replacement
Program has identified various operational needs for City departments.
B. Two (2) specific needs have been identified as follows:
Fire and security alarms at Eureka Park Center, Preston Park Center,
Norwich Park Center, Buena Vista Park Center, Mountain View
Center, and Parks/Recreation Main Office.
New electrical wiring and related services for Washington Park Pool
and Fallon Park Pool.
Co
Above identified items will be acquired in accordance with the procurement
section of the Code of the City of Roanoke.
Do
The City Manager, by the authority designated by City Council, can approve
expenditures of $75,000 or less providing the Funds have been appropriated
by Council.
II Current situation is:
Ao
It is necessary for City Council to appropriate Funds from the Current Year
Capital Maintenance and Equipment Replacement Program to provide for
the acquisition of the needed Fire and Security Alarms and their installation.
III Issues in order of feasibility are:
A. Need
B. Funding
Mayor David A. Bowers and Members of Council
Fund Appropriations from Current Year CMERP
June 7, 1999
Page 2
IV
V
C. Timing
Alternatives in order of importance are:
A. City Council appropriate $26,551 as follows:
$18,954.00 to Parks/Recreation account 001-052-7110-9015 to allow
for the acquisition of Fire and Security Alarm Systems for Six (6)
Parks/Recreation locations.
$7,597.00 to Engineering account 008-052-9723-9365 to provide for
necessary electrical work on City swimming pools.
Need to better insure the safety of citizens using the Parks and
Recreation Facilities would be addressed with this alternative.
bo
Funding for the requested items is available in the Current
Year Capital Maintenance and Replacement Program account.
Timing of the requested appropriation will allow the systems to
be completed in the most efficient manner.
B. City Council not appropriate requested Funds.
Need to provide increased safety to Citizens would not be addressed
by this alterative.
Funding to provide for this request, which is designated in the Current
Year Capital Maintenance and Equipment Replacement Program,
would not be expended at this time with this alternative.
3. Timing would not be a factor with this alternative.
Recommendation is that City Council concur with Alternative "A" and appropriate
$26,551.00 from '98-'99 Capital Maintenance and Equipment Replacement Program
account as follows:
~1. $18,954.00 to Parks/Recreation account 001-052-7110-9015.
Mayor David A. Bowers and Members of Council
Fund Appropriations from Current Year CMERP
June 7, 1999
Page 3
$7,597.00 to Engineering account 008-052-9723-9003.
Respectfully Submitted,
CC:
City Attorney
Director of Finance
City Clerk
Director, Utilities & Operations
Director of Public Works
Manager, Parks
Manager, Supply Management
Management & Budget
· Ritchie
ity Manager
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #60-63
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34315-060799 amending and reordaining certain
sections of the 1998-99 General Fund Appropriations, providing for transfer of
$860,000.00, in connection with Workers' Compensation claims for fiscal year 1998-99.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc~
James D. Ritchie, Sr, Acting City Manager
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
H:'~AGENDA99klUN7. WP D
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 16, 1999
File #60-63
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
Your report recommending transfer of funds in connection with Workers' Compensation
claims for fiscal year 1998-99, was before the Council of the City of Roanoke at a regular
meeting which was held on Monday, June 7, 1999.
Ordinance No. 34315-060799 was unanimously adopted.
Council Member Swain requested a summary on the types of claims submitted by City
employees and Council Member Wyatt requested information on workers' compensation
claims attributed to stress.
It was the consensus of Council that the requests for additional information would be
referred to you for appropriate response.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
William F. Clark, Director, Public Works
Kenneth S. Cronin, Manager, Personnel Management
H:~AGENDA.~J~IUN7.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of June, 1999.
No. 34315-060799.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
General Fund (1-43) ...................................... $ 174,708,875
1) Worker's Comp
Wages (001-002-8120-1135) $ 1,853
2) Worker's Comp
Wages (001-004-1232-1135) 12,127
3) Worker's Comp
Wages (001-024-3310-1135) 20,558
4) Worker's Comp
Wages (001-050-3112-1135) 2,063
5) Worker's Comp
Wages (001-050-3113-1135) 97,687
6) Worker's Comp
Wages (001-050-3114-1135) 378
7) Worker's Comp
Wages (001-050-3211-1135) 2,345
8) Worker's Comp
Wages (001-050-3213-1135) 107,596
9) Worker's Comp
Wages (001-050-3521-1135) 172
10) Worker's Comp
Wages (001-052-3410-1135) 4,753
11) Worker's Comp
Wages (001-052-4110-1135) 6,925
12) Worker's Comp
Wages (001-052-4210-1135) 22,801
13) Worker's Comp
Wages
14) Worker's Comp
Wages
15) Worker's Comp
Wages
16) Worker's Comp
Wages
17) Worker's Comp
Wages
18) Worker's Comp
Medical
19) Worker's Comp
Medical
20) Worker's Comp
Medical
21) Worker's Comp
Medical
22) Worker's Comp
Medical
23) Worker's Comp
Medical
24) Worker's Comp
Medical
25) Worker's Comp
Medical
26) Worker's Comp
Medical
27) Worker's Comp
Medical
28) Worker's Comp
Medical
29) Worker's Comp
Medical
30) Worker's Comp
Medical
31) Worker's Comp
Medical
32) Worker's Comp
Medical
33) Worker's Comp
Medical
34) Worker's Comp
Medical
35) Worker's Comp
Medical
36) Worker's Comp
Medical
(001-052-4330-1135)
(001-052-4340-1135)
(001-054-1270-1135)
(001-054-3320-1135)
(001-004-9110-1135)
(001-002-1263-1140)
(001-002-8120-1140)
(001-004-1231-1140)
(001-004-1232-1140)
(001-024-2140-1140)
(001-024-3310-1140)
(001-050-3113-1140)
(001-050-3213-1140)
(001-050-3521-1140)
(001-050-4130-1140)
(001-052-3410-1140)
(001-052-4110-1140)
(001-052-4160-1140)
(001-052-4210-1140)
(001-052-4220-1140)
(001-052-4310-1140)
(001-052-4330-1140)
(001-052 -4340-1140)
(001-052-7110-1140)
954
20,031
10,041
2,961
(350,000)
3,719
8,280
540
12,748
42
31,571
107,501
194,351
4,436
169
19,807
17,945
19,765
9,601
1,153
105
3,723
55,563
8,219
?
37) Worker's Comp
Medical (001-052-1270-1140) $ 31,488
38) Worker's Comp
Medical (001 -O54-3320-1140) 13,477
39) Worker's Comp
Medical (001-054-3360-1140) 1,231
40) Worker's Comp
Medical (001-054-5314-1140) 841
41) Worker's Comp
Medical (001-056-1237-1140) 480
42) Worker's Comp
Medical (001-004-9110-1140) (350,000)
43) Salary Lapse (001-002-9410-1090) (160,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
June 7, 1999
#99-14
Honorable Mayor and Members of City Council
Roanoke, Virginia
Subject: Funding for Workers' Compensation Wage and Medical Accounts
Dear Mayor Bowers and Members of Council:
I. Background on the subject in chronological order is as follows:
A. Workers' Compensation is defined as "exclusive remedy, under law, for all covered
employees for compensating injuries and occupational diseases arising in the course
of and within the scope of employment."
B. The City is currently self-insured for Workers' Compensation liability with excess
insurance above the $1,000,000 (per occurrence) level.
C. Funding of $700,000 has been budgeted for the current fiscal year to cover workers'
compensation wage and medical payments.
D. These types of fringe benefits are budgeted as a lump sum in the non-departmental
category because annual charges for each department are difficult to accurately project.
II. Current Situation is:
A. Workers' compensation expenditures in the general fund for FY 1998-99 are projected
to be approximately $860,000. This information is based on actual expenditures through
March, 1999, and projected expenditures for April, May and June, 1999
(see Attachment A).
Workers' compensation expenditures for the Police and Fire Department and Jail are
greater for these departments due to State law (Heart & Lung Bill) and are based on
the presumption that heart, hypertension and lung disabilities affecting these public
safety employees are job-related. Also, this bill now includes certain cancers for
firefighters.
Workers' compensation claims are carried over from year to year. State law requires
employers to pay workers' compensation wages for up to 500 weeks or until the
employee either returns to work or is eligible for retirement. The City is liable for
workers' compensation medical expenses (which are the consequence of the original
on-the-job injury) for the lifetime of employee including retirees.
Honorable Mayor and Members of City Council
OFFICE OF RISK MANAGEMENT
Page 2
June 7, 1999
Medical cost trends, as calculated by Trigon, have risen 59% since July
1, 1993, the last time that the City Workers' Compensation budget was
increased. The medical component of the Consumer Price Index based
on the current rate has risen 21% in that time period. To keep pace with
medical cost trends this budget (currently $700,000) should now be
between $847,000 and $1,113,000. For FY 1999-00, the budget for
Workers' Compensation has been increased to $800,000.
Medical Cost Trends rise as physicians chanqe standard treatments for
injuries. For example, physical therapy and functional capacity
examinations (to evaluate capacity to safely perform job tasks) are
ordered on an almost routine basis, though they were rarely ordered in the
past.
B. Funding to cover FY 1998-99 Workers' Compensation claims is available in the
following accounts and needs to be allocated to departmental accounts from the non-
departmental categories:
Funding Sources:
Account Number
Amount
Workers' Compensation - Wages
Workers' Compensation - Medical
Salary Lapse
Total
001-004-9110-1135
001-004-9110-1140
001-002-9410-1090
$350,000
350,000
160,000
$86O,OOO
III. Issues in order of importance are:
A. Mandated Proqram
B. Funding Availability
IV. Alternatives in order of feasibility are:
A. City Council authorize the transfer of funding to cover current workers' compensation
claims during the current fiscal year.
1. Program is mandated by State and Federal regulations for the City of Roanoke to
provide workers' compensation benefits to its workers.
2. Funds are available in the General Fund to provide for this recommendation.
Honorable Mayor and Members of City Council
OFFICE OF RISK MANAGEMENT
Page 3
June 7, 1999
B. City Council not authorize the transfer of funding to cover workers' compensation claims
during the current year.
1. Program is mandated by State and Federal regulations for the City of Roanoke to
provide workers' compensation benefits to its workers.
2. Funds available during the fiscal year in the General Fund would not be expended for
actual workers' compensation expenses.
V. Recommendation:
A. City Council concur with Alternative "A" and authorize the transfer of funds to cover
workers' compensation claims in the amount of $860,000 to departmental workers'
compensation accounts (see Attachment A) from the following sources:
Funding Sources:
Account Number
Amount
Workers' Compensation - Wages
Workers' Compensation - Medical
Salary Lapse
Total
001-004-9110-1135
001-004-9110-1140
001-002-9410-1090
$350,000
350,000
160,000
$86O,OOO
JDR:GA
Attachment
CC:
City Attorney
City Clerk
Director of Finance
Budget Administrator
Respectfully submitted,
s D. Ritchie
City Manager
Counc i 1RepWCFY9 9. wpd
ATTACHMENT A
WORKERS COMPENSATION ANALYSIS
BUDGET ADJUSTMENTS FOR WORKERS' COMPENSATION
Expended Estimated
Fund Agency Organization Object Department Name Thru Exp. for Budget
3/31/99 4th Quarter Adjustment
W/C - Wa es
001 002 8120 I 135 Economic Development $ 1,853 $0 $1.853
001 004 1232 I 135 Billings & Collections 9,096 3,032 12.127
001 024 3310 1135 Jail 15,419 5,140 20,558
001 050 3112 1135 Police - Investigation 2,063 0 2,063
001 0S0 3113 1135 Police - Patrol 73,265 24,422 97,687
001 050 3114 I 135 Police - Services 378 0 378
001 050 3211 1135 Are - Administration 2,345 0 2,345
001 050 3213 I 135 Fire - Operations 80,697 26,899 107,596
001 050 3521 1135 Emergency Medical Services 172 0 172
001 052 3410 1135 Buildinl~ Inspections 3,565 1,188 4,753
001 052 4110 113S Streets&Traffic 5,194 1,731 6,925
001 052 4210 1135 Solid Waste Management - Refuse 17,101 5,700 22,801
001 052 4330 I 135 Buildinl; Maintenance 954 0 954
001 052 4340 I 135 Parks/Grounds Maintenance 15,023 5,008 20,03 I
001 054 1270 113S Director of Human Development 7,S31 2,510 10,041
001 0S4 3320 1135 Juvenile Detention Home 2,221 740 2,961
001 004 9110 I 135 Residual Fringe Benefits 0 0 (3 S0,000
WlC - Medical
001 002 1263 1140 Occupational Health Clinic 3,251 468 $3,719
001 002 8120 I 140 Economic Development 6,210 2,070 8,280
001 004 1231 I 140 Finance 540 0 540
001 004 1232 1140 Billings & Collections 9,561 3,187 12,748
001 024 2140 1140 Sheriff 42 0 42
001 024 3310 1140 Jail 23,678 7,893 31,571
001 050 3113 1140 Police- Patrol 80,626 26,875 107,501
001 050 3213 1140 Rte- Operations 163,259 31,090 194,349
001 050 3521 1140 Emergency Medical Services 4,436 0 4,436
001 050 4130 I 140 Communications 169 0 169
001 052 3410 1140 Building Inspections 14,855 4,952 19,807
001 052 4110 1140 Streets&Traffic 15,171 2,774 17,945
001 052 4160 1140 Traffic Engineering 14.824 4,941 19,765
001 052 4210 1140 Solid Waste Management - Refuse 7,201 2,400 9,601
001 052 4220 I 140 Custodial Services I, 153 ! 0 I, 153
001 0S2 4310 I 140 Engineering 105 0 I 0S
001 052 4330 I 140 Building Maintenance 2,792 931 3,723
001 052 4340 I 140 Parks/Grounds Maintenance 41,672 13,891 55,563
001 0S2 7110 1140 Recreation 6,164 2,055 8,219
001 054 1270 1140 Director of Human Development 23,616 7,872 31,488
001 054 3320 I 140 Juvenile Detention Home I 0,108 3,369 13,477
001 054 3360 1140 Crisis Intervention 1,231 0 1,23 I
001 054 S314 I 140 Social Services - Services 841 0 84 I
0S6 1237 I 140 Supply Management 120 360 480
001 004 91 I 0 I 140 Residual Fringe Benefits 0 0 (350,000'~
Salary Lapse (I 60,000~
TOTAL: (Unspent)Required iiiiiiii!iiiiiiiiiiiiiiiiii[~i~ iiiiiiiiiiiii}iiii?i![i!ii[[i![[?[ii[[[i?iiii[[i~ii~ii~i ($01
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC/AAE
City Clerk
June 10,1999
Sandra H. Eakin
Deputy City Clerk
File #24
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34316-060799 to readopt and reenact the Code of
the City of Roanoke (1979), as amended. The abovereferenced measure was adopted by
the Council of the City of Roanoke at a regular meeting which was held on Monday, June
7, 1999.
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Clifford R. VVeckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Virginia
H:'~.GEND A99'dlJN7. WPD
James D. Ritchie, Sr.
June 14, 1999
Page 2
pc~
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable William D. Broadhurst, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P O.
Box 2235, Tallahassee, Florida 32316
The Honorable David C. Anderson, City Treasurer
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
Ronald S. Albright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
Peggy B. Stewart, Office of the Magistrate
James D. Grisso, Director of Finance
Dana D. Long, Chief, Billings & Collections
Gerri K. Rorer, Tax Compliance Administrator
The Honorable Donald S. Caldwell, Commonwealth's Attorney
George C. Snead, Jr., Director, Public Safety
A. L. Gaskins, Chief of Police
H:~AGENDA99',JUN7.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34316-060799.
AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as
amended; and providing for an emergency.
WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and
enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979)
(hereinafter sometimes referred to as the "City Code");
WHEREAS, said Code, as amended, contains certain provisions which incorporate by
reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code");
WHEREAS, from time to time, certain of these State Code sections which are incorporated
by reference in the City Code have been amended by the General Assembly;
WHEREAS, such amendments are a matter of public record which are set forth in the Acts
of Assembly and supplements and replacement volumes of the State Code; and
WHEREAS, it is the desire of this Council that those provisions of the City Code which
adopt by reference State Code provisions shall be fully consistent with enactments of the most
recent Session of the General Assembly;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in
the City Clerk's Office, consisting of Chapters 1 through 36.1, each inclusive, is hereby readopted
and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be
known as the Code of the City of Roanoke (1979), as amended.
2. With respect to sections or provisions of the State Code incorporated by reference
in the City Code, Council recognizes any amendments made to such sections or provisions of the
State Code by the most recent Session of the General Assembly and hereby expresses the intent
and ordains that such amendments to sections or provisions of the State Code incorporated by
reference in the City Code shall be included in the City Code verbatim as enacted by the most
recent Session of the General Assembly.
3. Any reference in the City Code to any section, article or chapter from former Title
15.1 of the State Code shall be deemed and construed to apply to the successor section, article or
chapter of new Title 15.2 of the State Code, comparable sections being set out in Tables of
Comparable Sections for certain Repealed and Revised Titles published in Volume 3A of the Code
of Virginia (1950), as amended. Any reference in the City Code to any section, article or chapter
from former Title 58 of the State Code shall be deemed and construed to apply to the successor
section, article or chapter of new Title 58.1 of the State Code, comparable sections being set out
in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume
10 of the Code of Virginia (1950), as amended.
4. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
XMEASURESX, O-RECO.8
CITY OF ROANOKE:
OFFICE OF CIVY ATTORNEy
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW ~-i?
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-2431
WiLhi~-~,~ C. [,iBLiNG, j~,. FACSIMILE: 540-853-1221
CiTY AT~.GRNEY E-MAIL:cityatty @ci.roanoke.va. us
June 7, 1999
WILLIAM X PARSONS
STEVEN J. TALEVI
GLADYS L. YATES
GARY E. TEGENKAMP
ASSISTANT CITY AITORNEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Reenactment of Ci_ty Code
Dear Mayor Bowers and Council Members:
Since 1982, City Council has reenacted and recodified the City Code on an annual
basis in order to properly incorporate in the Code amendments made by the General
Assembly at the previous Session to State statutes that are incorporated by reference in the
City Code. This procedure ensures that the ordinances codified in our Code incorporate the
most recent amendments to State law.
Incorporation by reference is frequently utilized in local codes to preclude having to
set out lengthy provisions of State statutes in their entirety. In addition, the technique
ensures that local ordinances are always consistent with the State law as is generally
required.
The procedure whereby a local governing body incorporates State statutes by
reference after action of the General Assembly has been approved by the Attorney General.
See Report of the Attorney General (1981-1982) at 272. I recommend that Council adopt the
attached ordinance to readopt and reenact the Code of the City of Roanoke (1979). If the
attached ordinance is not adopted, City Code sections incorporating provisions of the State
Code amended at the last Session of the General Assembly may not be deemed to include the
recent amendments and may be impermissibly inconsistent which could result in the
dismissal of criminal prosecutions under these City Code sections.
Sincerely yours,
WXP:f
Attachment
William X Parsons
Acting City Attorney
The Honorable Mayor and Members
of City Council
June 7, 1999
Page 2
James D. Ritchie, Acting City Manager
George C. Snead, Jr., Director, Public Safety
The Honorable Donald S. Caldwell, Commonwealth's Attorney
A. L. "Joe" Gaskins, Chief of Police
Mary F. Parker, City Clerk
H:\COUNCIL\L-HMRECO.7
Department of Finance
City of Roanoke, Virginia
June 7, 1999
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
April Financial Report
This financial report covers the first ten months of the 1998-99 fiscal year. The following nan'ative
discusses revenues and expenditures to date.
REVENUE
General Fund revenues reflect an increase of 6.02% or $8,164,000 compared to FY98. Variances in
specific categories of revenues are as follows:
General Property Taxes have increased 6.60% or $4,061,000. Real estate taxes, which were due
April 5, are up 4.05% and have exceeded the estimate for the year. Personal property taxes are due June
1, but are recorded as revenue when levied. The current year levy increased 13.09%, in part due to a
timing difference. Business personal property taxes were not levied until May of FY98 but were levied
in April of FY99. Taking this into consideration, personal property tax levy rose approximately 9.04%.
Other Local Taxes are up 5.11% or $2,010,000. Sales tax rose $885,000 or 7.33%, in part due to a
timing difference regarding the receipt of June 1998 tax. Taking this into consideration, sales tax is up
6.09%, largely due to better Christmas sales in FY99 than in FY98. Business and professional
occupational license tax, which was due March 1, increased $386,000 or 4.07%.
Revenue from Use of Money and Property decreased $182,000 or 20.80% due to a decline in interest
revenue resulting from lower average daily cash balances in the General Fund.
Grants-in-Aid Commonwealth are up $1,809,000 or 6.41%. Social services reimbursements from
the Commonwealth have increased across the board. Due to welfare reform, the City now receives
more funding designated for day care service payments. Reimbursement received under the
Comprehensive Services Act rose due to an increase in the number of clients served and the intensity
of services provided. These increases are partially offset by a decline in law enforcement block grant
revenue resulting from a timing difference.
Grants-in-Aid Federal Government have decreased $17,000 or 49.68% due to a timing difference
in the receipt of quarterly FEMA revenue.
Miscellaneous Revenue increased 129.06% or $234,000 because the payment in lieu of taxes made
by Roanoke Redevelopment and Housing Authority was received in February of FY99 but was not
received until May of FY98. Proceeds from the sale of surplus property also increased.
Internal Services are up $249,000 or 18.21% due to an increase of approximately $150,000 in the
billing by Occupational Health Services to fund the employee health clinic. FY98 was the first year
for such billings, and the amount of the billing has increased this year. Airport safety and street
maintenance billings also rose.
Honorable Mayor and Members
Roanoke City Council
June 7, 1999
Page 2
EXPENDITURES AND ENCUMBRANCES
Expenditures and encumbrances in the General Fund have increased 5.53% or $7,721,000 since FY98.
Variances in individual expenditure categories are discussed as follows:
General Government expenditures increased 11.20% or $967,000. CIS charges to the Commissioner
of the Revenue and the Treasurer rose due to systems development related to the personal property tax
relief act. CIS charges to the Department of Finance increased due to systems development related to
a new release of the accounting system. Expenditures of the Office of Billings and Collections are up
due to the purchase of computer equipment and increased CIS charges relating to the new utility
information system.
Public Safety expenditures are up $1,633,000 or 5.20%. Expenditures by the Jail rose due to increased
personal services costs and professional fees. Reimbursements have declined due to a decrease in the
number of state prisoners housed at the jail. CIS charges relating to the year 2000 and the purchase of
the automated public safety system rose. Overtime costs of the Fire department also increased.
Health and Welfare expenditures rose $2,891,000 or 16.81%. Due to welfare reform, the City now
receives more funding designated for day care service payments. Day care service benefits provided
to clients increased substantially from FY98 to FY99 as a result. Expenditures for foster care also rose.
Expenditures under the Comprehensive Services Act are up due to an increase in the number of clients
served. Also contributing to this increase is the fact that many CSA clients now require more intensive
services.
Parks, Recreation and Cultural expenditures are up 5.47% or $195,000 as a result of increased
expenditures and a decline in fee based reimbursements received by the Recreation Department. CIS
charges, publication and subscription expenditures, and personal services costs of the Library also
increased.
Community Development expenditures declined 7.13% or $175,000. Personal service costs of the
Community Planning and Youth and Family Services/Community Education departments decreased.
Transfer to Debt Service is up $867,000 or 9.12%. This increase is caused by an additional amount
being transferred in FY99 for the principal and interest payment made on August 1, 1998 for the 1997
bonds. These bonds were issued daring FY98 with payments starting in FY99. Also, a larger principal
payment was required in August 1998 than in the prior year for the 1994 general obligation bonds,
causing the transfer to debt service to increase.
Nondepartmental expenditures rose 13.56% or $1,050,000 due to increased transfers to the Capital
.Projects fund resulting from the appropriation of funding for various capital construction projects. This
~ncrease is partially offset by a decrease in transfers to the Fleet Management fund. During FY98,
CMERP funds of $830,000 were appropriated and transferred to purchase vehicular equipment,
compared to $478,000 during FY99.
I would be pleased to answer any questions which City Council may have regarding the monthly
financial statements.
Director 6f Finance
JDG/THT
Attachments
Balance July 1, 1998
Ordinance
Number Date
CMT 138 07/31/98
33974 08/17/98
33985 08/17/98
CMT 142 08/19/98
CMT 318 08/24/98
34030 10/16~98
CMT367 10/20/98
CMT156 11/09/98
CMT172 01/25/99
CMT174 02/17/99
34159 02/19~99
CMT190 02~23~99
CMT187 03~08~99
34232 04/05~99
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
CONTINGENCY BALANCE
APRIL 30, 1999
Department
Utilities & Operations
Transfer to Grant Fund
Transfer to Grant Fund
Planning & Community
Development
Memberships & Affiliations
Transfer to Capital Projects Fund
Personnel Management
Utilities & Operations
City Council
Commissioner of the Revenue
Planning & Community
Development
Recreation
City Council
Public Works
Balance April 30, 1999
Purpose
Funding for a Portion of Shuttle Service
to Victory Stadium on July 4
Local Match for Drug Prosecutor
Grant
Local Match for VJC¢CA Grant
Funding for Passenger Station
Rezoning Advertising
Roanoke Sister Cities
Westview Terrace Property Acquisition
Funding for Pilot Program for
Diversity Training
Funding for Soil Stabilization of
Westview Terrace Property
Funding to Install Reading Light on
Council Chamber Dias
Funding for the Cost of NADA
Pricing of Vehicles
Funding for Planning Staff-
Neighborhood Planning
Funding for 1998 United Way
Campaign Expenses
Additional Funding for Mayorial and
City Council Honoraria
Snow Removal
$379,244
(2,967)
(14,806)
(2,545)
(350)
(2,5o0)
(lO,OOO)
(7,000)
(7,425)
(1,068)
(5,ooo)
(35,942)
(3,477)
(3,0oo)
(76,292)
$206,872
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Revenue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Property
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Miscellaneous Revenue
Internal Services
Total
Year to Date for the Period
July I - Apr 30 July t - Apr 30 Percentage
1997-98 1998-99 of Change
$61,509,416 $65,570,832 6.60 %
39,347,150 41,356,965 5.11%
588,903 604,911 2.72 %
834,426 818,993 (1.85) %
876,902 694,546 (20.80) %
28,205,396 30,014,522 6.41%
34,043 17,130 (49.68) %
2,771,235 2,771,001 (0.01) %
181,567 415,890 129.06 %
1,364,812 1,613,382 18.21%
$135,713,850 $143,878,172 6.02 %
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
$67,678,685 96.89%
52,032,919 79.48%
698,800 86.56%
1,035,000 79.13%
1,043,760 66.54%
41,271,178 72.73%
34,260 50.00%
3,271,270 84.71%
274,300 151.62%
2,133,773 75.61%
$169,473,945 84.90%
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
Current Fiscal Year
July I - Apr 30 July 1 - Apr 30 Percentage Unencumbered Revised
t997-98 1998-99 of Change Balance Appropriations
$9,602,408 11.20 % $1,831,304
3,727,514 2.45 % 767,196
33,058,524 5.20 % 7,084,787
20,885,324 (0.37) % 3,729,276
20,089,712 16.81% 4,732,833
3,755,279 5.47 % 640,864
2,280,305 (7.13) % 517,960
10,378,143 9.12 % 364,483
34,872,524 0.81% 6,974,505
8,795,769 13.56 % 720,165
$147,445,502 5.53 % $27,363,373
$8,635,051
3,638,302
31,425,465
20,962,010
17,198,866
3,560,595
2,455,462
9,510,800
34,592,008
7,745,718
$139,724,277
$11,433,712
4,494,710
40,143,311
24,614,600
24,822,545
4,396,143
2,798,265
10,742,626
41,847,029
9,515,934
$174,808,875
Percent of
Budget
Obligated
83.98%
82.93%
82.35%
84.85%
80.93%
85.42%
81.49%
96.61%
83.33%
92.43%
84.35%
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND
STATEMENT OF REVENUE
Revenue Source
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Transfer from General Fund
Special Purpose Grants
Total
Year to Date for the Period
July I - Apr 30 July 1 - Apr 30 Percentage
1997-98 1998-99 of Change
$5,879,402 $6,334,165 7.73 %
26,394,480 28,037,051 6.22 %
1,768,853 1,768,370 (0.03) %
2,470,128 2,501,718 1.28 %
34,592,008 34,872,524 0.81%
8,230,041 8,738,807 6.18 %
$79,334,912 $82,252,635 3.68 %
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
$8,269,520 76.60%
36,144,414 77.57%
2,924,162 60.47%
3,158,735 79.20%
41,847,029 83.33%
9,036,381 NA
$101,380,241 81.13%
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
Percent of
July 1 - Apr 30 July 1 - Apr 30 Percentage Unencumbered
1997-98 _ 19_9~7_9.~ ..... ?f__C~a_ng__e_~_ Balance
$52,251,404 $55,121,177 5.49 % $12,879,359
2,364,955 2,728,107 15.36 % 676,628
2,453,432 2,721,178 10.91 % 755,603
7,563,329 7,365,417 (2.62) % 1,993,896
3,206,360 3,318,459 3.50 % 830,735
2,549,283 1,859,648 (27.05) % 113,031
3,611,967 4,143,861 14.73 % 5,252
9,506,847 9,036,381 (4.95) %
$83,507,577 $86,294,228 3.34 % $17,254,504
Revised Budget
Appropriations Oblig~a_ted
$68,000,536 81.06%
3,404,735 80.13%
3,476,781 78.27%
9,359,313 78.70%
4,149,194 79.98%
1,972,679 94.27%
4,149,113 99.87%
9,036,381 N/A
$103,548,732 83.34%
3
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF APRIL 30, 1999
General Government
Public Safety
Community Development
Recrea§on
Streets and Bridges
Sanitation Projects
Traffic Engineering & Communications
Other Infrastructure Projects
Capital Improvement Reserve
Total
Expenditures Unexpended Outstanding Unobligatsd
Budget To Date Balance Encumbrances Balance
$22,013,869 $13,863,676 $8,150,193
1,992,481 326,987 1,665,494
1,081,000 517,966 563,034
3,714,227 1,236,236 2,477,991
22,597,850 15,915,577 6,682,273
1,299,301 904,295 395,006
2,628,764 2,180,196 448,568
23,217,663 11,670,966 11,546,697
11,330,249 11,330,249
$736 364
662 852
521 909
857 925
5,210 180
35 180
79 948
4,274,506
$89,876A04 $46,616,899 $43,259,505 $12,378,864
$7,413,829
1,002,642
41,125
1,620,066
1,472,093
359,826
368,620
7,272,191
11,330,249
$30,880,641
CITY OF ROANOKE, VIRGINIA
SCHOOL CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF APRIL 30, 1999
Educalion
Capital Improvement Reserve
Total
Budget
$28,774,853
0,590,458)
$20,184,395
Expenditures Unexpended Outstanding Unobligated
To Date Balance Encumbrances Balance
$22,860,810 $5,914,043 $4,186,310
~,59o,458)
$22,860,810 ($2,676A15) $4,186,310
$1,727,733
(8,590,458)
($6,862,725)
4
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
COMPARATIVE STATEMENT OF REVENUES
FOR THE 10 MONTHS ENDING APRIL 30, 1999
Interest Revenue:
Interest on Bond Proceeds
Interest on Idle Working Capital
Total Interest Revenue
Multi Year Revenues:
Intergovernmental Revenue:
Federal Government: Garden City
Commonwealth:
Garden City
Public Works Service Center
Virginia Western Community College-Signals
Virginia Transportation Museum-ISTEA
Government Opportunity Funds-Maple Leaf
Second Street and Gainsbom Avenue
Total Intergovernmental Revenue
Revenue from Third Parties:
First Union Penalty Payment
Roanoke Valley Detention Commission
A & M Enterprises -Land Sale
Miscellaneous
Total Revenue from Third Parties
Other Revenue:
Transfers from General Fund
Proceeds From Sale of Bonds
Transfers from Debt Service Fund
Transfers from Other Funds
Total Revenue from Other Revenue
Total
FY1999
$911,839
594,611
26,283
100,000
71,503
109,150
705,872
4,158,040
727,845
4,885,885
$8,154,447
FY1998
$1,188,385
495,932
1,684,31 7
1,321,539
220,39~
110,000
1,651,937
167,112
2,727,766
8,469,000
763,803
11,960,569
$15,463,935
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDING APRIL 30, 1999
Operating Revenues
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
County of Roanoke
City of Salem
County of Botetourt
County of Bedford
Customer 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
Sale of Land
Loss on Disposal of Fixed Assets
Interest and Fiscal Charges
Transfer to ClS Fund
Transfer to Capital Projects Fund
Net Nonoperating Expenses
Net Income
FY 1999
$2,597,976
2,455,762
195,640
18,353
1,348,546
13,888
100,685
5,802
324,043
7,~0,695
1,223,220
2,795,572
1,168,519
5,187,311
1,873,384
262,833
46,163
24,535
325,000
(569)
(1,109,757)
(451,794)
$1,421,590
FY 1998
$2,528,612
2,350,207
186,682
18,879
1,144,082
3,633
447,465
6,679,560
1,183,759
2,692,558
1,157,125
5,033,442
1,646,118
343,134
17,011
41,353
(1,289,204)
(172,371 )
(233,446)
(1,293,523)
$352,595
CITY OF ROANOKE, VIRGINIA
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDING APRIL 30, 1999
Operating Revenues
Sewage Charges - City
Sewage Charges - Roanoke County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Miscellaneous Revenue
Transfer to Capital Projects Fund
Transfer to ClS Fund
Loss on Disposal of Fixed Assets
Net Nonoperating Revenues
Net Income
FY 1999
$6,172,954
655,409
110,836
449,538
87,203
124,037
89,731
7,689,708
1,498,017
4,369,894
809,060
6,676,971
1,012,737
512,452
16,428
(4,382)
524,498
$1,537,235
FY1998
$5,816,841
797,929
140,770
731,889
97,937
181,999
51,339
7,818,704
1,431,556
3,757,274
800,694
5,989,524
1,829,180
472,200
14,366
(37,071)
(172,371 )
277,124
$2,106,304
7
CITY OF ROANOKE, VIRGINIA
CiViC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDING APRIL 30, 1999
Operating Revenues
Rentals
Parking Fees
Event Expenses
Admissions Tax
Commissions
Novelty Fees
Charge Card Fees
Other
Total Operating Revenues
Operating Exp~nses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenues (Expenses)
Transfer from O~er Funds
Interest on Investments
Loss on Disposal of Fixed Assets
Miscellaneous
Net Nonoperating Revenues
Net Income (Loss)
FY 1999
$489,221
191,108
151,976
160,876
227,480
50,825
26,898
16,342
1,314,726
964,020
1,064,485
333,699
2,362,204
(1,047,478)
858,771
60,577
(25,372)
2,664
896,640
($150,838)
FY1998
$424 870
202 940
126 651
170 530
237 710
50 025
5,873
1,218,599
908,410
920,931
329,378
2,158,719
(940,120)
1,037,162
43,801
8,234
1,089,197
$149,077
8
CITY OF ROANOKE, VIRGINIA
TRANSPORTATION FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDING APRIL 30, 1999
Operating Revenues
Century Station Parking Garage
Williamson Road Parking Garage
Market Square Parking Garage
Church Avenue Parldng Garage
Tower Parking Garage
Surface Parking Lots
Total Operating Revenues
Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Interest and Fiscal Charges
Transfer from General Fund
Operating Subsidy for GRTC
Capital Subsidy for GRTC
Transfer to Capital Projects Fund
Miscellaneous
Net Nonoperating Expenses
Net Income (Loss)
FY 1999
$253,288
340,968
148,508
349,954
246,316
52,930
1,391,964
649,090
449,840
1,098,929
293,035
13,640
(473,052)
1,214,506
(1,02S,260)
(100,000)
5,098
(368,069)
($7S,034)
FY 1998
$222,128
340,180
139,397
321,751
207,145
80,008
1,310,609
610,467
449,582
1,060,049
250,560
31,211
(487,736)
1,097,773
(750,000)
(29,682)
2,881
( 135,553)
$115,007
9
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDING APRIL 30, 1999
FY 1999
CONFERENCE
COMMISSION (1) CENTER (2) TOTAL
Operating Revenues
Conference Center
Total Operating Revenues
$ - $ 2,414,823 $
2,414,823
FY1998
Operating Expenses
Commission
Conference Center
Total Operating Expenses
264,771
2,414,823 $ 2,328,374
2,414,823 2,328,374
- 264,771 77,488
2,115,108 2,115,108 2,044,298
Net Operating Income (Loss)
Nonoperating Revenues (Expenses)
Contributions from City of Roanoke
Contrib~ons from Virginia Tech
Proceeds from Brick Sales
Interest on Investments
Rent, Taxes, Insurance, and Other
264,771 2,115,108 2,379,879 2,121,786
(264,771) 299,715 34,944 206,588
131,250
131,250
(103,060)
131,250 175,000
131,250 175,000
572
37,849 23,885
(103,060) (109,473)
Net Nonoperating Revenues (Expenses)
37,849
Net Income Before Depreciation
300,349 (103,060) 197,289 264,984
232,233 471,872
435,788 433,858
Deprecialfon Expense/Replacement Reserve
35,578 196,655
Net Income (Loss)
387,490 48,298
Notes to Financial Statement:
($351,912) $148,357 ($203,555) $37,714
(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 Management.
10
CITY OF ROANOKE, VIRGINIA
INTERNAL SERVICE FUNDS
COMPARATIVE INCOME STATEMENT
FOR THE 10 MONTHS ENDING APRIL 30, 1999
Operating Revenues
Charges for Se~ces
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income (Loss)
Nonoperating Revenues (Expenses)
Interest Revenue
Gain on Sale of Trigon Common Stock
Transfer from Other funds
Transfer to Other Funds
Loss on Disposal of Fixed Assets
Net Nonoperating Revenues (Expenses)
Net Income (Loss)
TOTALS
city
Information Materials Management Utility Line Fleet RJsk
Systems Control Services Services Management Management FY 1999 FY 1998
$3,124,870 $126,777 $109,653 $2,774,213 $2,821,914 $5,349,855 $14,307283 $12,674,374
3,124,870 126,777 109,653 2,774,213 2,821,914 5,348,655 14,307,283 12,674,374
1,380,206 87,260 22,195 2,031,017 1,067,322 162,159 4,750,160 4,356,822
861,107 11,978 119,810 426,770 823,084 5,799,220 8,041,969 7,339,492
400,645 1,523 12,725 118,068 1,428,121 1,961,081 1,976,496
2,641,958 100,761 154,730 2,575,855 3,318,527 5,961,379 14,753,210 13,672,810
482,912 26,016 (48,077) 195,959 (496,913) (611,524) (445,927) (998,436)
162,601 (3,933) 9,300 62,685 39,396 410,250 680,298 679,888
276,713
1,076,890 477,723 250,000 1,804,613 2,633,874
- (473,972)
(9,938) (49,500) - (59,438)
1,229,553 (3,933) (40,200) 62,685 517,119 660,250 2,425,473 3,116,503
$1,712,485 $22,083 ($95,277) $261,644 $20,506 $48,726 $1,979,540 $2,118,067
11
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED APRIL 30, 1999
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR
THE FUNDS OF SAID CITY FOR THE MONTH ENDED APRIL 30, 1999.
BALANCE AT - " BALANCE AT BALANCE AT
FUND MAR 31, 1999 RECEIPTS DISBURSEMENTS APR 30, 1999 APR 30, 1998
GENERAL
WATER
SEWAGE
CiViC CENTER
TRANSPORTATION
CAPITAL PROJECTS
CONFERENCE CENTER
JUVENILE DETENTION
DEBT SERVICE
CITY INFORMATION SYSTEMS
i MATERIALS CONTROL
MANAGEMENT SERVICES
UTILITY LINES SERVICES
FLEET MANAGEMENT
PAYROLL
RISK MANAGEMENT
HIGHER EDUCATION AUTH
PENSION
SCHOOL FUND
SCHOOL CAPITAL PROJECTS
FDETC
GRANT
TOTAL
($3,535,738.53) $19,254,296.71 $17,695,237.05 ($1,976,678.87) $5,532,981.62
6,426,428.41 255,675.58 135,207.87 6,546,896.12 6,629,371.29
9,614,353.25 1,480,459.93 3,561,842.20 7,532,970.98 16,709,731.33
1,432,356.03 90,482.11 306,194.99 1,216,643.15 1,049,280.86
562,618.85 147,506.63 445,493.32 264,632.16 194,204.14
32,685,331.91 2,280,487.80 1,234,719.50 33,731,100.21 42,834,291.03 i
953,674.53 42,420.38 10,003.39 986,091.52 876,259.03 !
2,892,633.20 16,660.24 33,670.86 2,875,622.58 0.00
11,035,418.15 41,116.83 3,000.00 11,073,534.98 11,195,386.27
5,121,197.40 230,007.35 135,617.27 5,215,587.48 3,748,255.271
(75,504.44) 89,817.48 96,448.71 (82,135.67) (71,918.45)i
191,947.02 9,115.75 3,920.32 197,142.45 236,181.87
1,848,862.94 110,178.06 28,696.18 1,930,344.82 1,808,655.59!
1,614,886.53 7,166.91 47,192.06 1,574,861.38 1,022,846.84 i
(11,558,926.53) 15,874,311.54 13,997,115.60 (9,681,730.59) (12,088,581.83)
10,208,843.99 672,807.78 470,542.84 10,411,108.93 9,807,100.82
5,024,846.23 18,793.33 13,518.90 5,030,120.66 0.00
621,206.00 659,386.86 859,197.60 421,395.26 (216,240.69)
9,106,332.93 5,430,348.89 5,766,888.32 8,769,793.50 8,510,660.84 '
(3,771,429.01) 74,225.24 663,394.85 (4,360,598.62) 0.00i
82,809.23 65,494.85 119,837.51 28,466.57 132,849.92:
739,605.99 353,902.13 697,412.27 396,095.85 - 348'436:33 i
$82,101,264.8-~ $98,259,752.08!
$81,221,754.08 $47,204,662.38 $46,325,151.61
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 APRIL 30, 1999.
THAT SAID FOREGOING:
CASH:
CASH IN HAND
CASH IN TRANSIT
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
OVERNIGHT INVESTMENT
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
$617,147.40
(705,231.79)
8,756,000.00
7,971,733.33
9,984,300.00
17,189,182.04
20,000,000.00
2,941,922.77
5,346,211.10
$82,101,264.85
DATE: MAY 12, 1999
DAVID C. ANDERSON, TREASURER
12
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE 10 MONTHS ENDING APRIL 30, 1999
Revenue
Contributions
Investment Income
Gain on Sale of Investments
Bond Discount Amortization
To~lRevenue
1999
$4,718,104
6,662,896
6,019,331
20,523
$17,420,854
1998
$4,618,326
6,091,360
12,111,671
2,218
$22,823,575
Pension Payments
Fees for Professional Services
Bond Premium Amortization
Active Service Death Benefits
Administrative Expense
City Supplement to Age 65
To~lExpenses
Net Income
$8,011,868
513,292
161,108
236,971
39,114
8,962,353
$8,458,501
$7,431,672
653,640
228,441
21,621
216,281
8,551,655
$14,271,920
13
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
APRIL 30, 1999
Assets
Cash
Investments:
(market value:
Due from Other Funds
Other Assets
Total Assets
1999 $340,478,070
1998 $300,842,886)
1999
$420,418
235,782,133
9,540
18,000
$236,230,091
1998
($425,036)
225,926,081
40
18,000
$225,519~085
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Accounts Payable
Total Liabilities
Fund Balance:
Fund Balance, July 1
Net Income - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
$879,452
2,103
881,555
226,890,035
8,458,501
235,348,536
$236,230,091
$743,117
191
743,308
210,503,857
14,271,920
224,775,777
$225,51%085
14
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #1-2-140
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Resolution No. 34317-060799 authorizing the Director of Finance
to place an advertisement in The Roanoke Times and The Roanoke Tribune of real estate
which is delinquent for nonpayment of taxes thereon, pursuant to {}58.1-3925 of th.~ Code
of Virginia (1950), as amended. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday, June 7,
1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable David C. Anderson, City Treasurer
James D. Ritchie, Sr., Acting City Manager
William X Parsons, Acting City Attorney
Dana D. Long, Chief, Billings and Collections
H :~AGEND A99"JUN7. Wp D
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34317-060799.
A RESOLUTION authorizing the Director of Finance to place an advertisement in the
Roanoke Times and the Roanoke Tribune of real estate which is delinquent for nonpayment
of taxes thereon pursuant to §58.1-3925 of the Code of Virginia (1950), as amended.
BE IT RESOLVED by the Council of the City of Roanoke that the Director of
Finance is authorized to publish a list of real estate which is delinquent for the nonpayment
of taxes thereon as more specifically set forth in the letter from the Director of Finance to
Council dated June 7, 1999, pursuant to §58.1-3925 of the Code of Virginia (1950), as
amended.
ATTEST:
City Clerk.
H:XP. ES~R.-AD-DELTAXES
JAMES D. GRISSO
Director of Finance
June 7, 1999
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461.,~?
R O. Box 1220 >"
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-2940
JESSE A. HALL
Deputy Director
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Advertisement of delinquent tax properties
Dear Mayor Bowers and Members of Council:
As part of our continuing effort to collect delinquent real estate taxes, we request
permission to place an advertisement in Tile Roa~oRe Times and the Roal~ORe T~'btme
for approximately 150-200 real properties that we are currently identifying. Our strategy
is to identify properties that have not made or kept adequate payment arrangements to
obtain full payment of taxes and assessments. This is the next step in a series of
collection efforts to obtain payment for these taxes and assessments before beginning
the Judicial Sale of Real Property ("Tax Sale") process.
Section 58.1-3924 of the Code of Virginia (1950), as amended (the "State Code") provides
that the governing body may cause a list of real estate which is delinquent for the
nonpayment of taxes to be published at least once in the newspaper in the City. Section
25.1 (k) of the Charter of the City of Roanoke provides that the Director of Finance shall
have the power and authority to use any and all collection methods available to the
treasurers under general law to collect delinquent real estate taxes. Based on these two
provisions, the Office of Billings and Collections will review delinquent real estate taxes
which have been turned over to it to collect and develop a list to publish in local
newspapers for the purpose of collecting those taxes. In the past, we have had great
success from these listings not only from the property owners listed but also from others
that may consider their property as being the next to be advertised.
The newspaper advertisement will list the tax map number, assessed owner's name,
legal description of the property, amount of taxes due and owing as well as the amount
of liens ranking on parity with taxes due and owing. If the delinquent taxes and
assessments are not paid as a result of the advertisement, these properties would be
considered for the City's next Tax Sale. Another report would be presented to council
for approval prior to the actual placement of these properties on the next Tax Sale
listing.
Honorable Mayor and Memberfs
of City Council
June 7, 1999
Page 2
Accordingly, we recommend your approval to authorize placement of an advertisement
of real estate tax delinquent properties. We will be pleased to answer any questions you
might have on this matter.
Sincerely,
Director of Finance
C:
The Honorable David C. Anderson, Treasurer
James D. Ritchie, Acting City Manager
William X Parsons, Acting City Attorney
Jesse Hall, Deputy Director of Finance
Dana Long, Chief, Billings and Collections
Gladys Yates, Assistant City Attorney
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #60-335
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34318-060799 amending and reordaining certain
sections of the 1998-99 General Fund Appropriations, providing for transfer of funds in
connection with allocation of Internal Services Fund charges to General Fund department
budgets. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Ritchie, Sr, Acting City Manager
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
H :",AGEND A99kIUN7. WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of June, 1999.
No. 34318-060799.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Aoorooriations
General Fund (1-184) ........................................ $175,158,875
1 ) City Information Systems (001-001-1110-7005) $ 741
2) ClS - PC Rental (001-001-1110-7007) 2,252
3) City Information Systems (001-001-1120-7005) 8,822
4) CIS - PC Rental (001-001-1120-7007) 2,149
5) City Information Systems (001-002-1211-7005) 5,435
6) ClS - PC Rental (001-002-1211-7007) 1,823
7) Fleet Management (001-002-1211-7025) ( 1,505)
8) Fleet Rental (001-002-1211-7027) 258
9) City Information Systems (001-002-1212-7005) (71,315)
10) ClS - PC Rental (001-002-1212-7007) ( 725)
11) Risk Management Crisis (001-002-1212-7018) ( 643)
1.2) City Information Systems (001-002-1261-7005) 157
13) C IS -PC Rental (001-002-1261-7007) 532
14) Risk Management Overhead (001-002-1261-7017) 209
15) CIS - PC Rental (001-002-1263-7007) ( 500)
16) Risk Management Overhead (001-002-1263-7017) 159
17) City Information Systems (001-002-8120-7005) 1,734
18) CIS - PC Rental (001-002-8120-7007) 1,404
19) Fleet Management (001-002-8120-7025) 1,148
20) Fleet Rental (001-002-8120-7027) 1,678
21 ) City Information Systems (001-002-8123-7005) 547
22) C15 - PC Rental (001-002-8123-7007) 2,100
23) City Information Systems (001-003-1220-7005) 4,610
24) ClS - PC Rental (.001-003-1220-7007) 1,978
25) Risk Management Overhead
26) City Information Systems
27) Risk Management Overhead
28) City Information Systems
29) CIS - PC Rental
30) Risk Management Overhead
31) Fleet Management
32) Fleet Rental
33) City Information Systems
34) CIS - PC Rental
35) City Information Systems
36) ClS - PC Rental
37) City Information Systems
38) CIS - PC Rental
39) City Information Systems
40) CIS - PC Rental
41) Risk Management Overhead
42) City Information Systems
43) CIS - PC Rental
44) Risk Management Overhead
45) Fleet Management
46) City Information Systems
47) CIS - PC Rental
48) Risk Management Overhead
49) Fleet Management
50) City Information Systems
51) CIS - PC Rental
52) City Information Systems
53) CIS - PC Rental
54) Risk Management Overhead
55)
56)
57)
58)
59)
60)
61)
62)
63)
64)
65)
66)
67)
City Information Systems
ClS - PC Rental
CIS - PC Rental
Fleet Management
Fleet Rental
Risk Management Overhead
Fleet Rental
Risk Management Overhead
Fleet Management
Fleet Rental
City Information Systems
Risk Management Overhead
Fleet Management
(001-003-1220-7017)
(001-004-1231-7005)
(001-004-1231-7017)
(001-004-1232-7005)
(001-004-1232-7007)
(001-004-1232-7017)
(001-004-1232-7025)
(001-004-1232-7027)
(001-005-1240-7005)
(001-005-1240-7007)
(001-010-1310-7005)
(001-010-1310-7007)
(001-020-1234-7005)
(001-020-1234-7007)
(001-022-1233-7005)
(001-022-1233-7007)
(001-022-1233-7017)
(001-023-1235-7005)
(001-023-1235-7007)
(001-024-2140-7017)
(001-024-2140-7025)
(001-024-3310-7005)
(001-024-3310-7007)
(001-024-3310-7017)
(001-024-3310-7025)
(001-026-2210-7005)
(001-026-2210-7007)
(001-028-2111-7005)
(001-028-2111-7007)
(001-028-2111-7017)
(001-050-1260-7005)
(001-050-1260-7007)
(001-050-3111-7007)
(001-050-3111-7025)
(001-050-3111-7027)
(001-050-3112-7017)
(001-050-3112-7027)
(001-050-3113-7017)
(001-050-3113-7025)
(001-050-3113-7027)
(001-050-3114-7005)
(001-050-3114-7017)
(001-050-3114-7025)
$ 226
(118,430)
265
(97,594)
5,533
253
2,449
341
4,369
628
1,473
969
15,320
3,433
121,933
5,233
246
(41,038)
4,441
199
(4,238)
(93,120)
7,343
6,206
13,075
3,428
7,722
(8,772)
(4,212)
(1,131)
413
782
40,155
( 264)
2,452
407
8,077
( 5,593)
8,690
(60,480)
80,733
244
194
68) Fleet Rental
69) Fleet Management
70) Fleet Rental
71) City Information Systems
72) CIS - PC Rental
73) Fleet Management
74) Fleet Rental
75) Fleet Management
76) Fleet Rental
77) Risk Management
Overhead
78) Fleet Management
79) Fleet Rental
80) City Information Systems
81) CIS - PC Rental
82) Risk Management Claims
83) Fleet Management
84) City Information Systems
85) CIS - PC Rental
86) Risk Management
87) Fleet Management
88) Fleet Rental
89) Fleet Management
90) Fleet Rental
91) City Information Systems
92) ClS - PC Rental
93) Risk Management
Overhead
94) Fleet Management
95) Fleet Rental
96) City Information Systems
97) CIS - PC Rental
98) Risk Management Claims
99)
100)
101)
102)
103)
104)
105)
106)
107)
lO8)
109)
Fleet Management
Fleet Rental
City Information Systems
CIS - PC Rental
Fleet Management
City Information Systems
CIS - PC Rental
Risk Management
Overhead
Fleet Management
Fleet Rental
Fleet Management
(001
(001
(001
(OOl
(OOl
(OOl
(OOl
-050-3114-7027)
-050-3115-7025)
-050-3115-7027)
-050-3211-7005)
-050-3211-7007)
-050-3211-7025)
-050-3211-7027)
(001-050-3212-7025)
(001-050-3212-7027)
(001-050-3213-7017)
(001-050-3213-7025)
(001-050-3213-7027)
(001-050-3520-7005)
(001-050-3520-7007)
(001-050-3520-7018)
(001-050-3520-7025)
(001-050-3521-7005)
(001-050-3521-7007)
(001-050-3521-7017)
(001-050-3521-7025)
(001-050-3521-7027)
(001
(001
(OOl
(OOl
-050-3530-7025)
-050-3530-7027)
-050-4130-7005)
-050-4130-7007)
(001-050-4130-7017)
(001-050-4130-7025)
(001-050-4130-7027)
(001-052-1280-7005)
(001-052-1280-7007)
(001-052-1280-7018)
(001-052-1280-7025)
(001-052-1280-7027)
(001-052-3410-7005)
(001-052-3410-7007)
(001-052-3410-7025)
(001-052-4110-7005)
(001-052-4110-7007)
(001-052-4110-7017)
(001-052-4110-7025)
(001-052-4110-7027)
(001-052-4140-7025)
$(
(
(
(
334)
177
2,676
27,844
11,845
3,845)
220)
4,562
4,957)
773
29,714)
15,252
2,154
1,937
137
2,724)
1,589)
1,704
224
1,981)
466
8,637)
1,943
33,160
4,626
281
453)
1,138
423
900
235
1,504)
957
33,827)
400)
1,195
3,225
1,983
5,189)
4,020
7,815
1,286
110) City Information Systems
111) CIS - PC Rental
112) Risk Management
Overhead
113) Fleet Management
114) Fleet Rental
115) CIS - PC Rental
116) Risk Management
Overhead
117) Fleet Management
118) Fleet Rental
119) Fleet Management
120) Fleet Rental
121 ) Risk Management
Overhead
122) Fleet Management
123) City Information Systems
124) CIS - PC Rental
125) Risk Management
Overhead
126) Fleet Management
127) Fleet Rental
128) City Information Systems
129) CIS - PC Rental
130) Fleet Management
131) Fleet Rental
132) City Information Systems
133) CIS - PC Rental
134) Risk Management
Overhead
135) Fleet Management
136) Fleet Rental
137) City Information Systems
138) CIS - PC Rental
139) Risk Management
Overhead
140) Risk Management Claims
141) Fleet Management
142) Fleet Rental
143) City Information Systems
144) CIS - PC Rental
145) Fleet Management
146) Fleet Rental
147) City Information Systems
148) CIS - PC Rental
(001-052-4160-7005)
(001-052-4160-7007)
(001-052-4160-7017)
(001-052-4160-7025)
(001-052-4160-7027)
(001-052-4210-7007)
(001-052-4210-7017)
(001-052 -4210-7025)
(001-052-4210-7027)
(001-052-4211-7025)
(001-052-4211-7027)
(001-052-4220-7017)
(001-052-4220-7025)
(001-052-4310-7005)
(001-052-4310-7007)
(001-052-4310-7017)
(001-052-4310-7025)
(001-052-4310-7027)
(001-052-4330-7005)
(001-052-4330-7007)
(001-052-4330-7025)
(001-052-4330-7027)
(001-052-4340-7005)
(001-052-4340-7007)
(001-052-4340-7017)
(001-052-4340-7025)
(001-052-4340-7027)
(001-052-7110-7005)
(001-052-7110-7007)
(001-052-7110-7017)
(001-052-7110-7018)
(001-052-7110-7025)
(001-052-7110-7027)
(001-052-8110-7005)
(001-052-8110-7007)
(001-052-8110-7025)
(001-052-8110-7027)
(001-054-1270-7005)
(001-054-1270-7007)
542
2,059
157
23,492
14,783
3,168
238
53,939
(40,013)
(6,684)
17,791
20O
1,835
5,913
9,958
150
( 185)
889
450
1,593
(14,662)
2,552
( 957)
1,016
(5,826)
(38,120)
10,484
11,925
7,483
120
6,010
4,962
6,423
6,919)
1,022
2,922)
3,589
2,101
2,272
149) City Information Systems
150) CIS - PC Rental
151 ) Risk Management
Overhead
152) Fleet Management
153) Fleet Rental
154) CIS - PC Rental
155) City Information Systems
156)
157)
158)
159)
16o)
161)
162)
163)
164)
165)
166)
167)
168)
169)
170)
171)
172)
173)
174)
175)
176)
177)
178)
179)
18o)
181)
182)
183)
184)
CIS - PC Rental
Fleet Management
Fleet Rental
City Information Systems
CIS - PC Rental
Fleet Management
Fleet Rental
CIS - PC Rental
City Information Systems
CIS - PC Rental
Risk Management
Overhead
Risk Management
Overhead
Risk Management
Overhead
Fleet Management
Fleet Rental
City Information Systems
CIS - PC Rental
Risk Management
Overhead
Fleet Management
Fleet Rental
City Information Systems
CIS - PC Rental
City Information Systems
CIS - PC Rental
Fleet Management
Fleet Rental
City Information Systems
City Information Systems
CIS - PC Rental
(001-054-3320-7005)
(001-054-3320-7007)
(001-054-3320-7017)
(001-054-3320-7025)
(001-054-3320-7027)
(001-054-3330-7007)
(001-054-3350-7005)
(001-054-3350-7007)
(001-054-3350-7025)
(001-054-3350-7027)
(001-054-3360-7005)
(001-054-3360-7007)
(001-054-3360-7025)
(001-054-3360-7027)
(001-054-5110-7007)
(001-054-5311-7005)
(001-054-5311-7007)
(001-054-5311-7017)
(001-054-5313-7017)
(001-054-5314-7017)
(001-054-5314-7025)
(001-054-5314-7027)
(001-054-7310-7005)
(001-054-7310-7007)
(001-054-7310-7017)
(001-054-7310-7025)
(001-054-7310-7027)
(001-056-1237-7005)
(001-056-1237-7007)
(001-056-1250-7005)
(001-056-1250-7007)
(001-056-1250-7025)
(001-056-1250-7027)
(001-070-2120-7005)
(001-076-2130-7005)
(001-076-2130-7007)
$(
119)
1,901
107
( 828)
2,862
1,998
( 185)
1,605
2,311
831
( 428)
2,740
(6,269)
612
2,045
(10,994)
( 749)
124
544
431
3,995
2,916
(1,037)
1,473
237
(2,651)
149
(3,971)
1,605
455
742
( 144)
( 930)
1,017
3,175
630
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
City of Roanoke, VA
Department of Finance
June 7, 1999
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
Transfer of Appropriations for Internal Service Funds Charges
The City of Roanoke's Internal Service Funds account for certain services provided to other
departments of the City. The Internal Service Funds recover their costs by charging the receiving
departments for services provided.
Budgeted funds for internal services are allocated in the General Fund in each fiscal year's
budget throughout various departments based on estimated usage. Usage usually varies from
the original estimates. Each fiscal year, at this time, it is necessary to make appropriations
transfers between departments to provide sufficient funds for internal services for the fiscal year.
This ordinance makes such transfers. The transfers do not increase the overall General Fund
budget, but only reallocate amounts between departments.
A summary of the total transfers in the attached budget ordinance is as follows:
Computer Information Systems
Computer Information
Systems - PC Rental
Risk Management Overhead
Risk Management Claims
Fleet Management
Fleet Rental
Total
Budget Amount Revised
Before Transfers Budget
Transfers In/(Out) Amount
$2,765,260 $(148,196) $2,617,064
143,242 148,196 291,438
531,718 ( 5,739) 525,979
186,859 5,739 192,598
1,725,560 0 1,725,560
1,025,000 0 1,025,000
~6.377.639 0 ~
Honorable Mayor and Members of City Council
June 7, 1999
Page 2
The attached budget ordinance will accomplish the required transfers.
approval.
JDG/AFS:s
Attachment
c: Sherman Stovall, Acting Budget Administrator
I recommend it for your
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #60-184
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34319-060799 amending and reordaining certain
sections of the 1998-99 General Fund Appropriations, providing for transfer of funds in
connection with allocation of employee fringe benefits to General Fund departmental
budgets. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Ritchie, Sr, Acting City Manager
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
H :~,AGENDA99~_rN7. WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of June, 1999.
No. 34319-060799.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 General Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
General Fund (1-113) ........................................ $175,158,875
1) ICMA Match (001-001-1110-1116)
2) ICMA Match (001-001-1120-1116)
3) Retiree Medical Insurance (001-001-1120-1127)
4) ICMA Match (001-002-1211-1116)
5) ICMA Match (001-002-1212-1116)
6) ICMA Match (001-003-1220-1116)
7) Termination Leave Wages (001-003-1220-1150)
8) ICMA Match (001-004-1231-1116)
9) Termination Leave Wages (001-004-1231-1150)
10) ICMA Match (001-004-1232-1116)
11 ) Retiree Medical Insurance (001-004-1232-1127)
12) Unemployment Wages (001-004-1232-1145)
13) Termination Leave Wages (001-004-1232-1150)
14) Retiree Medical Insurance (001-004-9110-1127)
15) Unemployment Wages (001-004-9110-1145)
16) Termination Leave Wages (001-004-9110-1150)
17) Termination Leave Wages (001-005-1240-1150)
18) ICMA Match (001-020-1234-1116)
19) Termination Leave Wages (001-022-1233-1150)
20) ICMA Match (001-023-1235-1116)
21 ) Unemployment Wages (001-023-1236-1145)
22) VRS Retirement (001-024-2140-1110)
23) ICMA Match (001-024-2140-1116)
24) Termination Leave Wages (001-024-2140-1150)
106
2O2
477
317
508
248
18,296
( 109)
5,069
( 236)
1,749
144
3,739
(213,875)
(35,o00)
(91,275)
5,448
473
941
473
2,132
3,852
981
418
25)
26)
27)
28)
29)
3O)
31)
32)
33)
34)
35)
36)
37)
38)
39)
40)
41)
42)
43)
44)
45)
46)
47)
48)
49)
5O)
51)
52)
53)
54)
55)
56)
57)
58)
59)
6O)
61)
62)
63)
64)
65)
66)
67)
68)
69)
VRS Retirement
ICMA Match
Retiree Medical Insurance
Unemployment Wages
Termination Leave Wages
ICMA Match
Termination Leave Wages
ICMA Match
ICMA Match
Retiree Medical Insurance
Termination Leave Wages
City Retirement
ICMA Match
Retiree Medical Insurance
Termination Leave Wages
ICMA Match
Retiree Medical Insurance
Termination Leave Wages
ICMA Match
Retiree Medical Insurance
ICMA Match
Retiree Medical Insurance
Termination Leave Wages
Retiree Medical Insurance
Termination Leave Wages
ICMA Match
Retiree Medical Insurance
Unemployment Wages
Termination Leave Wages
ICMA Match
Retiree Medical Insurance
Termination Leave Wages
ICMA Match
Termination Leave Wages
ICMA Match
ICMA Match
ICMA Match
Retiree Medical Insurance
Unemployment Wages
Termination Leave Wages
ICMA Match
Termination Leave Wages
ICMA Match
Retiree Medical Insurance
Unemployment Wages
(001-024-3310-1110)
(001-024-3310-1116)
(001-024-3310-1 t 27)
(001-024-3310-1145)
(001-024-3310-1150)
(001-026-2210-1116)
(001-026-2210-1150)
(001-050-3111-1116)
(001-050-3112-1116)
(001-050-3112-1127)
(001-050-3112-1150)
(001-050-3113-1105)
(001-050-3113-1116)
(001-050-3113-1127)
(001-050-3113-1150)
(001-050-3114-1116)
(001-050-3114-1127)
(001-050-3114-1150)
(001-050-3115-1116)
(001-050-3115-1127)
(001-050-3211-1116)
(001-050-3211-1127)
(001-050-3211-1150)
(001-050-3212-1127)
(001-050-3212-1150)
(001-050-3213-1116)
(001-050-3213-1127)
(001-050-3213-1145)
(001-050-3213-1150)
(001-050-3214-1116)
(001-050-3214-1127)
(001-050-3214-1150)
(001-050-3521-1116)
(001-050-3530-1150)
(001-050-4130-1116)
(001-052-3410-1116)
(001-052-4110-1116)
(001-052-4110-1127)
(001-052-4110-1145)
(001-052-4110-1150)
(001-052-4160-1116)
(001-052-4160-1150)
(001-052-4210-1116)
(001-052-4210-1127)
(001-052-4210-1145)
$ (34,543)
3,823
1,749
262
26,923
( 307)
1,298
26O
697
4,452
10,105
(25,873)
1,696
6,042
17,004
449
636
10,930
236
954
( 189)
1,908
968
4,770
12,284
437
20,511
4,882
119,549
319
954
34O
792
276
774
236
538
477
3,988
132
443
5,183
2,222
3,816
175
70)
71)
72)
73)
74)
75)
76)
77)
78)
79)
8O)
81)
82)
83)
84)
85)
86)
87)
88)
89)
90)
91)
92)
93)
94)
95)
96)
97)
98)
99)
100)
lOl)
102)
103)
104)
lO5)
lO6)
107)
lO8)
109)
110)
111)
112)
113)
Termination Leave Wages
ICMA Match
ICMA Match
Termination Leave Wages
ICMA Match
Termination Leave Wages
ICM^ Match
Retiree Medical Insurance
Termination Leave Wages
ICMA Match
Retiree Medical Insurance
Unemployment Wages
Termination Leave Wages
ICMA Match
Unemployment Wages
ICMA Match
Retiree Medical Insurance
Termination Leave Wages
ICMA Match
ICM^ Match
ICMA Match
Unemployment Wages
Termination Leave Wages
ICMA Match
Termination Leave Wages
ICMA Match
Retiree Medical Insurance
Unemployment Wages
Termination Leave Wages
ICMA Match
ICMA Match
Retiree Medical Insurance
Termination Leave Wages
ICMA Match
Termination Leave Wages
ICMA Match
Termination Leave Wages
ICMA Match
Termination Leave Wages
ICMA Match
ICMA Match
Termination Leave Wages
Unemployment Wages
Termination Leave Wages
(001-052-4210-1150)
(001-052-4211-1116)
(001-052-4220-1116)
(001-052-4220-1150)
(001-052-4310-1116)
(001-052-4310-1150)
(001-052-4330-1116)
(001-052-4330-1127)
(001-052-4330-1150)
(001-052-4340-1116)
(001-052-4340-1127)
(001-052-4340-1145)
(001-052-4340-1150)
(001-052-7110-1116)
(001-052-7110-1145)
(001-052-8110-1116)
(001-052-8110-1127)
(001-052-8110-1150)
(001-054-3320-1116)
(001-054-3330-1116)
(001-054-3350-1116)
(001-054-3350-1145)
(001-054-3350-1.150)
(001-054-3360-1116)
(001-054-3360-1150)
(001-054-5311-1116)
(001-054-5311-1127)
(001-054-5311-1145)
(001-054-5311-1150)
(001-054-5312-1116)
(001-054-5313-1116)
(001-054-5313-1127)
(001-054-5313-1150)
(001-054-5314-1116)
(001-054-5314-1150)
(001-054-5316-1116)
(001-054-5316-1150)
(001-054-5317-1116)
(001-054-5317-1150)
(001-054-5318-1116)
(001-054-7310-1116)
(001-054-7310-1150)
(001-054-8170-1145)
(001-056-1237-1150)
$ 9,914
5O8
(1,099)
356
236
4,292
325
2,385
1,651
(1,560)
1,590
13,466
9,151
319
2,209
(236)
1,908
4,888
(406)
39O
751
126
412
815
1,850
284
636
4,279
694
260
2,635
795
1,450
1,152
7,206
(260)
4,814
236
438
(378)
(406)
3,160
354
754
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
City of Roanoke, VA
Department of Finance
June 7,1999
TO:
Honorable Mayor and Members of City Council
FROM:
James D. Grisso, Director of Finance
SUBJECT: Transfer of Appropriations for Employee Fringe Benefits
The fiscal year 1998-99 General Fund Budget included funds in the nondepartmental
category for retiree medical insurance, unemployment wages and termination (vacation)
leave wages. These fringe benefits are budgeted at estimated amounts in the
nondepartmental category because annual charges of each department are difficult to
project. Actual costs are charged to departments in anticipation of budget transfers to
cover the costs.
The attached budget ordinance transfers funds from the nondepartmental category to the
applicable departmental budgets. As needed, available funding related to one type of
fringe benefit is used to supplement funding needed in another area such as termination
wages. The ordinance transfers funds from General Fund City Retirement and VRS
Retirement to provide necessary funding for termination leave wages and transfers funds
from General Fund City Retirement to provide necessary funding for ICMA match. The
transfers do not increase the General Fund budget in total, but only reallocate amounts
between departments.
A summary of the total transfers in the attached budget ordinance is as follows:
City Retirement
VRS Retirement
ICMA Match
Retiree Medical Insurance
Unemployment Wages
Termination Leave Wages
Budget Amount Revised
Before Transfers Budget
Transfers In/(Out) Amount
$ 4,672,483 $ (25,873) $ 4,646,610
1,200,326 (30,691) 1,169,635
270,932 18,955 289,887
213,875 (158,066) 55,809
35,000 ( 2,983) 32,017
91,275 198,658 289,933
$ 6.483.891 $ 0 $ 6.483.891
Honorable Mayor and Members of City Council
June 7, 1999
Page 2
The attached budget ordinance will accomplish the required transfers.
your approval.
JDG/AFS:g
c: Sherman Stovall, Acting Budget Administrator
I recommend it for
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 10,1999
File #183-432
SANDRA H. EAKIN
Deputy City Clerk
William D. Gee, President
H & S Construction Company
P. O. Box 6226
Roanoke, Virginia 24017
Dear Mr. Gee:
I am enclosing copy of Ordinance No. 34320-060799 accepting the bid of H & S
Construction Company, in the amount of $71,040.00, for demolishing and reconstructing
certain retaining walls in the Downtown North area of the City, upon certain terms and
conditions, and awarding a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; and rejecting all other bids made to the City for the
work. The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Sherman A. Holland, Commissioner of the Revenue
James D. Ritchie, Sr., Acting City Manager
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Charles A. Harlow, Grants Monitor, Office of Grants Compliance
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
D. Darwin Roupe, Manager, Supply Management
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 10, 1999
File #183432
Robert L. Faulkner, President
Robert L. Faulkner & Son, Inc.
P. O. Box 545
Glasgow, Virginia 24555
William R. Hedrick, President
Corte Construction, Co., Inc.
P. O. Box 1089
Bluefield, Virginia 24605
Gentlemen:
I am enclosing copy of Ordinance No. 34320-060799 accepting the bid of H & S
Construction Company, in the amount of $71,040.00, for demolishing and reconstructing
certain retaining walls in the Downtown North area of the City, upon certain terms and
conditions, and awarding a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; and rejecting all other bids made to the City for the
work. The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, June 7, 1999.
On behalf of the City of Roanoke, I would like to express appreciation for. submitting your
bid on the abovedescribed project.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINI&
The 7th day of June, 1999.
No. 34320-060799.
AN ORDINANCE accepting the bid of H&S Construction Company, for demolishing and
reconstructing certain retaining walls in the Downtown North area of the City, upon certain terms
and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the City for the work; and providing
for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of H&S Construction Company, in the total amount of $71,040 for
demolishing and reconstructing certain retaining walls in the Downtown North area of the City, as
is more particularly set forth in the City Manager's report dated June 7, 1999, to this Council, such
bid being in full compliance with the City's plans and specifications made therefor as modified through
negotiations between the City and the bidder in accordance with {}23.1-14.C, Code of the City of
Roanoke (1979), as amended, which bid is on file in the Office of Supply Management, be and is
hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the City Clerk are hereby
authorized on behalf of the City to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications made therefor,
said contract to be in such form as is approved by the City Attorney, and the cost of said work to be
paid for out of funds heretofore or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED,
and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation
for such bid.
4. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Honorable Mayor and Members of City Council
Roanoke, Virginia
June 7, 1999
Council Report No. 99-133
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
WALLS OF GAINSBORO
GILMER AVENUE, N. E.
ROANOKE, VIRGINIA
BID NO. 99-1-66
We, the undersigned Bid Committee, hereby submit the attached report for your
consideration.
Respectfully submitted,
Carroll E. Swai~j/
W. Alvin Hudson
William F. Clark
Charles A. Harlow
Attachment:
Bid Committee Report
C;
Acting City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to the City Manager for Community Relations
Grants Monitoring
City Engineer
Construction Cost Technician
Acting Budget Administrator
Manager, Office of Supply Management
Commissioner of the Revenue
June 7, 1999
Council Report No. 99-133
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
WALLS OF GAINSBORO
GILMER AVENUE, N. E.
ROANOKE, VIRGINIA
BID NO. 99-1-66
I concur with the Bid Committee recommendation relative to the above project and
recommend it to you for appropriate action.
Sincerely,
· Ritchie
Act~'~ City Manager
Attachment: Bid Committee Report
C:
Acting City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to City Manager for Community Relations
Grants Monitoring
City Engineer
Construction Cost Technician
Acting Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
June 7, 1999
Council Report No. 99-133
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
WALLS OF GAINSBORO
GILMER AVENUE, N. E.
ROANOKE, VIRGINIA
BID NO. 99-1-66
Background on the subject in chronological order is as follows:
Following proper advertisement, bids were publicly opened and read aloud by
D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday, April
6, 1999, at 2:00 p.m.
Bo
Three (3) bids were received with H. & S. Construction Company submitting
the Iow bid in the amount of $131,860.
C. Project consists of the following:
Demolition, removal, and re-construction of some damaged retaining
walls along the southerly side of the 01-99 block of Gilmer Avenue N.
E.
Various landscaping around the re-constructed walls to re-establish
the suburban ambiance of this one block length of Gilmer Avenue in
the Gainsboro Neighborhood is included.
This project was originally requested by Historic Gainsboro, Inc. and
approved for funding with Community Development Block Grant for the
1997/98 CDBG Program Year by Resolution Number 33402051297. Project
assigned to Department of Engineering in late 1998.
II.
Current situation is as follows:
A. Proiect has been bid and a contract needs to be executed.
B. Proiect Scope and Bid has been negotiated to bring it within budqet.
Demolition, removal, and re-construction has been reduced in scope to
match the budgeted amount of $80,000 for the project. See the
"Revised Bid Sheet" attached. The contractor has agreed to the
changes and the reduced quantities.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
WALLS OF GAINSBORO
GILMER AVENUE, N.E.
BID NO. 99-1-66
June 7, 1999
Page 2
III.
Various landscaping around the re-constructed walls will be reduced
to match with walls being re-constructed.
Issues in order of importance are as follows:
Compliance of bidders with the requirements of the contract documents for
bidding.
Amount of the Iow bid.
Funding.
Time of completion.
IV.
Alternatives in order of feasibility are as follows:
Award a unit price contract to H. & S. Construction Company in the amount
of $71,040 and ninety (90) consecutive calendar days for demolition of
existing walls and re-construction of walls demolished, in accordance with
the contract documents as prepared by Hill Studio of Roanoke, Virginia.
1. Compliance of the bidders with the requirements of the contract
Reject
documents for bidding were met. Contractor failed to indicate time of
contract so this informality was waived and the ninety (90)
consecutive calendar days were negotiated.
Amount of the Iow bid was 85 % over the consultants estimate and
therefore negotiated to within project budget.
Funding is budgeted in:
Community Development Block Grant Fund
Account 035-098-9837-5173
Time of completion is neqotiated as ninety (90) calendar days.
the bids and do not award a contract at this time.
Compliance of the bidders with the requirements of the contract
documents would not be an issue.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
WALLS OF GAINSBORO
GILMER AVENUE, N.E.
BID NO. 99-1-66
June 7, 1999
Page 3
Amount of the Iow bid would probably be h .qher if re-bid at a later
date.
Funding would not be encumbered at this time.
Time of completion would be extended.
Recommendation is as follows:
City Council concur in alternative "A" and take the following actions:
Authorize the City Mana.qer to enter into a contractual a.qreement, in form
approved by the City Attorney, with H. & S. Construction Company in the
amount of $71,040 for the Walls of Gainsboro in the 01-99 block of Gilmer
Avenue N. E. in accordance with the contract documents as prepared by Hill
Studio. Total available funding will be utilized as follows:
Design contract with Hill Studio
$ 7,500
Negotiated Contract Amount
71,040
Contingencies (including advertisements, City
Engineering Expenses, & additional
construction quantities)
Project Budget
1,460
80,000
B. Reject the other bids received.
Attachments: Bid Tabulation
Revised Bid Sheet
C;
Acting City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to City Manager for Community Relations
City Engineer
Grants Monitoring
Construction Cost Technician
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
WALLS OF GAINSBORO
GILMER AVENUE, N.E.
BID NO. 99-1-66
June 7, 1999
Page 4
Acting Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
TABULATION OF BID-q
WALLS OF GAINSBORO
DEMOLITION AND RE-CONSTRUCTION
IN 10 BLOCK OF GILMER AVENUE N.E.
ROANOKE, VIRGINIA
BID NO. 99-1-66
Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on
Tuesday, April 6, 1999, at 2:00 p.m.
BIDDER LUMP SUM NO. OF
DAYS
H. & S. Construction Company $131,860
Robert L. Faulkner & Son, Inc. $238,703 150
Corte Construction Co., Inc. $310,245
Estimated Cost: $71,325
Office of the City Engineer
Roanoke, Virginia
June 7, 1999
REVISED BID SHEET
WALLS OF GAINSBORO
ITEM DESCRIPTION REVISED UNIT PRICE NEGOTIATED
QUANTITIES AMOUNT
Mobilization Lump Sum $ 7,500 $ 7,500
Site Demolition Lump Sum 12,000 12,000
Type I Wall 450 Sq. Ft. 40 18,000
Type II Wall 0 Sq. Ft. 65 -0-
Type III Wall 140 Sq. Ft. 65 9,100
Type IV Wall 0 Sq. Ft. 40 -0-
Type V Wall 72 Sq. Ft. 40 2,880
Type VI Wall 0 Sq. Ft. 55 -0-
Concrete for Steps 6 Cu. Yd. 1,500 9,000
Concrete Sidewalk 220 Sq. Ft. 6 1,320
Pavers on Concrete Base 140 Sq. Ft. 19 2,660
Type A Pier 1 Ea. 1,000 1,000
Type B Pier 3 Ea. 1,000 3,000
Sodding 1,750 Sq. Ft. .60 1,050
Shrubs-Winter Jasmine 12 Ea. 50 600
Helleri Holly 18 Ea. 50 900
Butterfly Bush 4 Ea. 50 200
Forsythia 6 Ea. 45 270
Nandina 6 Ea. 45 270
Spires 14 Ea. 50 700
Lilac 2 Ea. 45 90
As-Built Drawings Lump Sum 500 500
BID TOTAL $ 131,860
NEGOTIATED TOTAL $ 71,040
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #236-304-373-337-468
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Resolution No. 34321-060799 authorizing execution of an
amendment to the Sublease Agreement between the Jefferson Center Foundation and the
City providing for one additional term of five years, with an annual cancellation provision,
for the rental of office space for the Office of Grants Compliance and Office on Youth. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Barry L. Key, Manager, Office of Management and Budget
Charles A. Harlow, Grants Monitor, Office of Grants Compliance
Marion A. Vaughn-Howard, Youth Planner, Office on Youth
Sarah E. Fitton, Engineering Coordinator
A:~JN7 W~D
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34321-060799.
A RESOLUTION authorizing execution of an Amendment to the Sublease Agreement
between the Jefferson Center Foundation and the City providing for one additional term of
five years, with an annual cancellation provision, for the rental of office space for the Office
of Grants Compliance and Office on Youth.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Acting City Manager or Acting Assistant
for and on behalf of the City, to execute
between the Jefferson Center Foundation
authorized,
Agreement
City Manager is hereby
an Amendment to the Sublease
and the City providing for one
additional term of five years, with an annual cancellation provision, for the rental of office
space for the Office of Grants Compliance and Office on Youth, said Amendment to be upon
the terms and conditions as more particularly set out in the Water Resources Committee's
report to this Council dated June 7, 1999.
2. The amendment shall be in form approved by the Acting City Attorney.
ATTEST:
H:\RESW-,AL-GRANTS
City Clerk.
June 7, 1999
Report No. 99-324
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Leased Space in Jefferson Center
Office of Grants Compliance/Office on Youth
The attached staff report was considered by the Water Resources Committee
at its regular meeting on May 17, 1999. The Committee recommends that Council
authorize an amendment to the sublease between the City and the Jefferson Center
Foundation for one additional term of five years with an annual cancellation provision,
beginning August 1, 1999, at the initial rate of $1,335.33 per month, in a form
approved by the City Attorney, in accordance with conditions stated in the attached
report.
Linda F. Wyatt, Chairperson
Water Resources Committee
L FW: KB K: afm
Attachment
CC;
William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Barry L. Key, Manager, Management & Budget
Grants Specialist, Office of Grants Compliance
Marion A. Vaughn-Howard, Youth Planner
Sarah Fitton, Engineering Coordinator
Report No. 99-324
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
May 17, 1999
~,e_~mbe?~..~ter Resources Committee
r,,~t~m~r- ~irector, Utilities and Operations
'~"~ es i~..~Acting City Manager thru
Leased Space in Jefferson Center
Office of Grants Compliance/Office on Youth
Background in chronological order is as follows:
Sublease between Jefferson Center Foundation and the City of Roanoke-; for 2,003
square feet of office space required by the Office of Grants Compliance (Grants)
and the Office on Youth (Youth) was authorized April 4, 1994, by Ordinance No.
31945-040494.
Initial term of the sublease expires July 31, 1999. Current lease rate is $7.00 per
square foot.
II.
Current Situation is as follows:
Grants and Youth need to assure continuation of the subleaso in order to remain
in the same space previously leased on the second floor of the Jefferson Center
under substantially the same terms as provided during the initial five year period.
Lessor has agreed to amend the lease for the space previously leased to include
an additional five year period, expiring July 31, 2004.
B. The terms for amendment of the sublease have been negotiated as follows:
1. Number of Square Feet
2,003
2. Term of Lease
Five years, with annual cancellation
provision
3. Lease Rate
$8.00/square foot, with a 3%
increase each successive year
4. Intended Use Office space
Members, Water Resources Committee
Leased Space in Jefferson Center
Office of Grants Compliance/Office on Youth
May 17, 1999
Page 2
5. Location
Suite 221, Jefferson Center
541 Luck Avenue, SW
6. Utilities
Provided by landlord
7. Janitorial and Maintenance
Provided by landlord
Availability of Funding
Lessor agrees that lessee is bound
only to the extent that funds are
appropriated by the U. S. Gov't.
Lease requires each party to indemnify and hold harmles,-, the other from and
against any loss, damage or liability occasioned by or resulting from any default
hereunder or any negligent act on its part, its agents, employees or invitee.
Lease will be extended for a period of not more than five yearn, at a rate of
$1,335.33 per month ($16,024 annually), which calculates to be $8.00 per square
foot per year including utilities and custodial service. The lease amendment
provides for cancellation with six months notice of intent, and a 3% annual increase
for each successive year of the lease. This is considered a very competitive price
for finished office space. See Attachment A for lease fee schedule.
Proposed extension between the City and Jefferson Center Foundation, must be
approved by City Council.
III.
Issues in order of importance are:
A. Need
B. Timing
C. Cost to City
IV.
Alternatives in order of feasibility are:
Water Resources Committee recommends that City Council authorize an
amendment to the sublease between the City and the Jefferson Center Foundation,
for one additional term of five years with an annual cancellation provision, beginning
August 1, 1999, at the initial rate of ~1,335.33 per month, in a form approved by
the City Attorney.
1. Need of Grants and Youth for continued use of office space is met.
Members, Water Resources Committee
Leased Space in Jefferson Center
Office of Grants Compliance/Office on Youth
May 17, 1999
Page 3
Timing to ensure continuation of the sublease prior to expiration of current
term is critical.
Cost to City will be as shown on Attachment A. Funding will be included in
the recommended Community Development Block Grant (CDBG) budget for
Fiscal Year 1999-2000 to pay the ongoing rental costs. CDBG funding is
renewed each year and is contingent upon necessary appropriations by the
U. S. Government.
Water Resources Committee does not recommend that City Council authorize an
amendment to the sublease between the City and the Jefferson Center Foundation,
for one additional term of five years with an annual cancellation provision, beginning
August 1, 1999, at the initial rate of $1,335.33 per month, in a form approved by the
City Attorney.
1. Need of Grants and Youth for continued use of office space is not met.
Timing to ensure continuation of the sublease prior to expiration of current
term is jeopardized.
Cost to City will be the expense of locating, moving, and leasing suitable
new quarters for Grants and Youth.
Water Resources Committee's Recommendation is that City Council authorize an
amendment to the sublease between the City and the Jefferson Center Foundation, for one
additional term of five years with an annual cancellation provision, beginning August 1,
1999, at the initial rate of $1,335.33 per month, in a form approved by the City Attorney,
in accordance with Alternative "A".
WRH\KBK\SEF
Attachment
CC:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Manager, Management and Budget
Grants Specialist
Youth Planner
Engineering Coordinator
HALL ASSOCIATES, INC.
COMMERCIAL - INDUSTRIAL - REALTORS
213 SOUTH JEFFERSON STREET, SUITE 1007
ROANOKE, VA 24011-1714
(540) 982-0011 - (540) 344-1730 FAX
AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE is made and entered into this 25th day of_F_eJ;a3Ja]~,
19 99 by and between JEFFERSON CENTER FOUNDATION. LTD, hereinafter referred
to as "Landlord", and CITY OF ROANOKE. a municipal co_moration of tl~"
Commonwealth of Vim_inia, hereinafter referred to as "Tenant".
WITNESSETH:
WHEREAS, Landlord leased certain premises (2,003 square feet) in ~
Center located at _ 540 Campbell Avenue. Suite 221. Roanoke. Vir_einla to Tenant
pursuant to that certain Lease dated the 26th day of_~, hereinafter referred to
as the "Lease", the premises being more particularly described therein; and
V~HEREAS, Landlord wishes to amend said Lease and the Tenant wishes to amend
the Lease;
NOW THEREFORE, in consideration of those present and the agreement of each
other, Landlord and Tenant agree that the said Lease shall be and the same is hereby
amended as of the 25th dayof._~, 19 99 .
1. The Lease term shall commence on Au_=ust 1. 1994 and expire at midnight
on --~J]~1~4~.
2. Rent Schedule:
August 1, 1999 to July 31, 2000
August 1, 2000 to July 31, 2001
August 1, 2001 to July 31, 2002
August 1, 2002 to July 31, 2003
August 1, 2003 to July 31, 2004
$1,335.33 monthly
$1,375.39 monthly
$1,416.66 monthly
$1,459.15 monthly
$1,502.93 monthly
$16,024.00 annually
$16,504.72 annually
$16,999.86 annually
$17,509.86 annually
$18,035.15 annually
3. Tenant has the dght to cancel this lease on each annual anniversary by giving
Landlord six (6) months notice of intent to cancel. Without notice this lease will continue as
described in the above rent schedule
4. Prior to expiration of lease, a minimum of 60 days wdtten notice is required or
lease will continue for a pedod of 60 days from first day of any month.
5. All other terms, covenants and conditions of the Lease as amended, shall
remain in full force and effect heretofore.
All parties acknowledge that the REALTOR is the Agent of the Landlord, not the
Tenant. The REALTOR'S fiduciary duties of loyalty and faithfulness are owed to the
Landlord who is their principal. REALTORS ara required by law and their Code of Ethics to
treat the Tenant honestly and fairly.
IN WITNESS WHEREOF, Landlord and Tenant have executed this agreement on
the date below written.
LANDLORD: JEFFERSON CENTER FOUNDATION, LTD. DATE:
TENANT: CITY OF ROANOKE, VIRGINIA
DATE:
LEASING AGENT: STUART L. MEREDITH
HALL ASSOCIATES, INC.
DATE:
Attachment A
Grants and Youth Lease Extension
Monthly Lease Annual Lease
Fee Fee
Year 1 1,335.33 16,024
Year 2 1,375.39 16,505
Year 3 1,416.66 17,000
Year 4 1,459.15 17,510
Year 5 1,502.93 18,035
Total 85,074
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #202-373-468
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34322-060799 authorizing the proper City officials
to execute a lease agreement with the Estate of James L. Trinkle, or its successor, for use
of office space at 120 West Kirk Avenue, by the Occupational Health Nurse, for an initial
term of 12 months, beginning June 1, 1999, with an option to renew for three additional
one year terms. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Barry L. Key, Manager, Office of Management and Budget
Kenneth S. Cronin, Manager, Personnel Management
Charles M. Huffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34322-060799.
AN ORDINANCE authorizing the proper City officials to execute a lease agreement with
the Estate of James L. Trinkle, or its successor, for use of office space at 120 West Kirk Avenue, by
the Occupational Health Nurse, upon certain terms and conditions, and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are authorized to execute and attest, respectively,
for and on behalf of the City, in form approved by the City Attorney, a lease agreement with the
Estate of James L. Trinkle, or its successor, for 2,525+ square feet of office space on the ground floor
of the building located at 120 West Kirk Avenue, for use by the Occupational Health Nurse, for an
initial term of twelve months, beginning June 1, 1999, at a rate of $1,200.00 per month, with an
option to renew for three additional one-year terms at a rate to be increased each year by $150.00
per month, as more particularly set forth in the report to this Council dated June 7, 1999. Such lease
shall be in form approved by the Acting City Attorney and contain such terms and conditions as are
approved and required by the Acting City Manager.
2. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
H:\ORD-GEN'XO-NURSE.3
June 7, 1999
Report No. 99-325
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Leased Space - Employee Medical Program
The attached staff report was considered by the Water Resources Committee
at its regular meeting on May 17, 1999. The Committee recommends that Council
authorize a new lease between the City and the Estate of James L. Trinkle, for an
initial term of one year at the rate of $1,200 per month, beginning June 1, 1999, with
option to renew for three additional one-year terms, in a form approved by the City
Attorney, in accordance with conditions stated in the attached report.
Linda F. Wyatt, Chairperson
Water Resources Committee
LFW: KB K:afm
Attachment
CC:
William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Barry L. Key, Manager, Management & Budget
Kenneth S. Cronin, Manager, Personnel Management
Charles M. Huffine, City Engineer
Sarah Fitton, Engineering Coordinator
Report No. 99-325
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
May 17, 1999
K~aitm~~ater Resources Committee
~ector, Utilities and Operations thru
s D. Ritchie, Acting City Manager
Leased Space - Employee Medical Program
Background in chronological order is as follows:
Ao
Additional space for the Employee Medical Program to temporarily relieve
over-crowding until a permanent facility was located was leased from C. W.
Francis & Son, Inc., authorized by Ordinance No. 32724-102395.
Initial term was for a period of six months and expired May 31, 1996.
Subsequently, lease was extended for a one year period, with an option to
renew for two additional one year terms. The current renewal period will
expire June 1, 1999.
C. W. Francis & Son, Inc., t/a Francis Realtors, is no longer the Lessor, due
to the death of James L. Trinkle. The Estate of James L. Trinkle is now the
owner and Lessor, through Francis Realtors as Agent.
II.
Current situation is as follows:
Personnel Management needs to assure the right to continued use of the
space for at least one additional year. Lessor has agreed to continue the
lease at the same rate for a one year period, expiring May 31, 2000. The
City would be responsible for maintenance and service required in
maintaining the heating and air conditioning units, except for any major
repairs in excess of $500.00, which will be the responsibility of the Lessor.
Lease provides that both Landlord and City agree to indemnify and hold
harmless the other from and against any loss, damage or liability occasioned
by or resulting from any willful or negligent act on its part.
Members, Water Resources Committee
LEASED SPACE - EMPLOYEE MEDICAL PROGRAM
May 17, 1999
Page 2
Rental rate will be $1,200 per month ($14,400 annually) for the 2,525 square
feet, which calculates to be $5.70 per square foot per year. This is
considered to be a very good price for space of this type.
Lease provides for an option to renew after the first year for up to three
additional one-year terms. Rent will increase $150 per month on the first day
of each renewal term. Thus, the monthly rental rates would be as follows:
first year - $1,200; second year - $1,350; third year - $1,500; and fourth year
- $1,650.
III.
Issues in order of importance are:
A. Need
B. Timing
C. Cost to City
IV.
Alternatives in order of feasibility are:
Water Resources Committee recommends that City Council authorize a new
lease between the City and the Estate of James L. Trinkle, for an initial term
of one year at the rate of $1,200 per month, beginning June 1, 1999, with
option to renew for three additional one-year terms, in a form approved by
the City Attorney.
Need of Occupational Health Nurse for continued use of office space
is met.
Timing to secure continuation of the lease as soon as possible is
critical.
Cost to City will be $1,200 per month for a one year period. Funds
are available in the recommended budget for FY 99-00 Occupational
Health Clinic's Medical Account 001-002-1263-3075, and will also be
included as part of the budgeting process for subsequent years.
Bo
Water Resources Committee does not recommend that City Council
authorize a new lease between the City and the Estate of James L. Trinkle,
for an initial term of one year at the rate of $1,200 per month, beginning June
1, 1999, in a form approved by the City Attorney.
Members, Water Resources Committee
LEASED SPACE - EMPLOYEE MEDICAL PROGRAM
May 17, 1999
Page 3
Need of Occupational Health Nurse for continued use of office space
is not met.
Timing to secure continuation of the lease as soon as possible is
critical.
Cost to City would be the expense of locating and moving the Office
of the Occupational Health Nurse into suitable quarters, as well as the
cost of leasing space from another party assuming no City-owned
property is available.
Recommendation is as follows:
Water Resources Committee recommends that City Council concur in Alternativn
"A" and authorize a new lease between the City and the Estate of James L. Trinkle,
for an initial term of one year at the rate of $1,200 per month, beginning June 1,
1999, with option to renew for three additional one-year terms, in a form approved
by the City Attorney.
JDR/KBK/SEF
Attachment
CC:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Manager, Management and Budget
Manager, Personnel Management
City Engineer
Engineering Coordinator
FROM:KONICA FAX TO: 540 8531364 AUG 30, 1989 9:01AM N040 P.02
THIS LEASE, ma0c th~s ............ day of ., ]99~, by and Ix~wo~ CR~$TA~
BANK, ~USTEE ~'S ~UST ~,v JAM~ K TRINKI,E a~d ~L ~ ~
~T~ TRUST u/w JAME~ ~ ~~ LESSO~ t~u~ FRANCIS REALTOr,
AGEN~. and Ih~ ~y OF ROANOK~ LESSEE:
WITN E S E TJI:
IN CONSIDERATION o£lhc mutual covcmmls and a~m~ts
of O~ THOUSAND ~O HUNDRED mhd n./l~ DOLLARS (~1,2~.00)
fca on t~ ~utd fl~r tis ~o~ off ~]3" "A"at~ch~ ~rct~
Avon~ ~noke, Vi~n~ 2401 l, for a ~ of oho (1) y~ (or Jon~
June C 1999, and expmfl~ ~ mJ~lght M~, ~s J, 2(R~, ~o~
~]d ~e~ to ~ u~ by LEVEE for ~ ~c of offi~s and for
It is fmxhcr c~vonamcd aizt agro.xJ at, £ullowb.
(]) Thc rental dl]ring Ihe renu cd'thig lea.W, ghRII he. l~yahle ~ nmmh In advav~ hy LK.qL~KF.
Io LI~;SOR'~ ACr. NT, FRANCIS R~AL?OR$, Or 8~ooc;a~m'8, 8t said AOENT'8 ofGc~, .~05 First
(2) LK~KK, u~ t~ ~m~l of the ~n~ ~in ~fi~ ~d ~ ~orma~ of ~
~cflan~ a~ agr~cn~ ~in ~fl~in~, ~ay ~c a~d ~i~y ~, ~]d and ~ ~o l~
p~ lbr t~ i~n ~br~d.
(-~) LKS$OR docs not agro~ to provido LESSEr with ~ utilitY'. ~k ~i~ ~, ~l
~ns, e]~ ~1~ ~ ~dow ~i~, ~d ~g ~e term ~ ~ ~ aU n~h It~ ~ ~ t~
r~i~i~ ~ at ~c ~ ~LE~EE.
('4) Al thc cx~f~ttit.] id'Lin: i,[itb;l lr. iittl t'~vr, rt~ I,y II.i.~ T.tmxu, tJ.~ I,lr.~qtF, ,h-'.ll huvc tim
option to rcflcw ~i$ Le~._~ annually for up to throo (.~) otto (])).oar torres. The LEVEE mu~
Ihi$ OpliOn IO renew by ~ndin~ nolice cd'its il~le~t lo re~e.w by certified mail, requrrl 1X~e. lpl reqlle~ed,
no latcr than May l$lh ofthc lhc, n currotd tcmx. Thc rental talc for thc Lca~d Prcmiscs shall bc Ono
Thou~md Two Hundred and no/L00 I=JOIInTS ($l,200JNI) p~- month dl~'Jn8 IbC firfl
tc, flanc.v, with thc rent lo inc~casc by O.c Huflcb'cd Fifty and no/lO0 Dollars ($150.00) pcJ* monfllL on Jmic
J, 2~, and by ,'t r. Jlmlaf :lnloill~t on J~ile isl ol ~lcb mJlemll year
(5) LRSSRR ~l~gl ~ol ovcrload lh~ Ica,sod I~cmi~?,s, ~or overload th~ ¢i~ri~ wiriaA of sam~,
anti I~hall occupy said prcmi~c~ in acoordanc~ with $1a1¢ an0 City ~3~ilOin& ~ir0, ~ Zonit~
lind oth~ ~pvlic~bic ~gtdations and law& No iiltinl= ap~uratus or hoista sh~ll bcattachc, d to any portion
(6) It is further covenanted that the LESSEE has examined and knows the condition of said
premises and has received the same in good order and repair, except as hereinafter specified, and that no
representations as to the condition or repair thereof have been made by the LESSOR, or the AGENT of
the LESSOR, prior to, or at the execution of this Lease, that are not herein expressed or endorsed hereon.
THE LEASED PREMISES ARE TO BE KEPT CLEAN AND IN C_K)OD ORDER AND REPAIR BY
LESSEE, AND AT THE EXPIRATION OF THIS LEASE ARE TO BE TURNED BACK TO LESSOR
CLEAN AND IN CK)OD CONDITION AND STATE OF REPAIR, ORDINARY WEAR AND TEAR
ALLOWED FOR. Any damage on the part of the LESSEE shall be paid for by the LESSEE. The
maintenance, servicing, repair and keeping clean of the roof, electrical, plumbing, and heating system, air
conditioning/cooling/ventilation system(s), and/or flues, if any, shall be the responsibility of the LESSOR.
However, the LESSEE will be responsible for maintenance and service required to maintain the heating
and air conditioning units unless the cost of such repairs or maintenance exceeds $500.00 including labor
per occurrence. LESSEE will be responsible for changing filters on heating and air conditioning systems
on a regular basis, but not less than four (4) times per year. The maintenance of the glass in the leased
premises and the replacement thereof, if broken, shall be the responsibility of LESSEE. This applies also
to plate glass if the premises contain such. It is understood that LESSEE is to unstop any stopped-up
sewer or waste lines in or on the leased premises. LESSEE COVENANTS AND AGREES TO TAKE
WHATEVER PRECAUTIONS ARE NECESSARY TO PREVENT FREEZING OF PIPES, PLUMBING
FIXTURES, AND HEATING PLANT, IF ANY, IN THE LEASED PREMISES. LESSEE SHALL
REMOVE ALL SNOW PROMPTLY FROM PUBLIC AND PRIVATE SIDEWALKS ABUTTING THE
LEASED PREMISES.
(7) If LESSOR, and/or LESSOR's AGENT, is negligent in its maintenance of the roof, or
other such item which LESSOR is responsible for maintaining, LESSOR shall be be responsible for any
damage or injury to LESSEE or others, or the property of either mused by water flowing in from the roof
or any portion of the leased premises, or any other premises, or mused by smoke or soot from the leased
premises, or any other premises. If LESSOR, and/or LESSOR's AGENT, is negligent in its
maintenance of the roof or other such item which LESSOR is responsible for maintaining, LESSOR,
and/or LESSOR's AGENT, shall be responsible for any damage or injury mused by water or other
substance flowing into the basement of said leased premises, or for damage or injury mused by burst,
stopped-up or leaking water pipes or fixtures, or other pipes or fixtures, in or around the premises herein
leased.
(8) LESSOR, LESSOR's AGENT, and LESSEE, shall indemnify and hold harmless all other
parties to this Lease from and against any loss, damage, or liability occasioned by or resulting from any
willful or negligent act on its part.
(9) The leased premises are to be used by LESSEE in the orderly and lawful carrying on of the
purpose or purposes as set out and restricted herein. The premises are not to be used for any other
purposes, nor are they to be sublet in whole or in part, nor is this Lease to be assigned, without written
permission from LESSOR. LESSEE shall not allow the said premises to stand vacant or unoccupied
without written permission from LESSOR. IN THE EVENT THE LESSOR GIVES PERMISSION FOR
LESSEE TO SUBLET, THE LESSEE WILL PAY TO THE SAID AGENT THE COMMISSION FOR
THE UNEXPIRED TERM; HOWEVER, THE LESSEE SHALL BE RESPONSIBLE FOR THE RENT
UNTIL THE EXPIRATION OF THE FULL LEASE TERM OR UNTIL PROPERTY HEREIN HAS
BEEN SUBLET.
(10) LESSEE shall not make any structural changes or alterations to the property herein leased
without written permission from LESSOR.
-2-
(11) LESSEE shall, without any previous demand therefor, pay the rent reserved herein at the
times and in the manner and amounts herein specified for the payment thereof, and fulfill the other
covenants or agreements of this Lease incumbent upon LESSEE; and in the event of default on the part
of LESSEE to pay any rental installment when same is due as provided herein, or to fulfill any other
covenant or agreement of this Lease incumbent upon LESSEE, LESSOR shall have the option of
terminating said Lease upon five (5) business days written notice of such default, and LESSOR's
intention to exercise said option, which said notice shall be mailed to LESSEE at the said leased premises
by certified mail return receipt requested; and upon the expiration of the five (5) busine ss days, if the rent
shal then still be in default and hsall not have been paid, or ff other default by LESSEE, shall not have
been corrected, the fights of LESSEE hereunder shall immediately cease and end. Or, in the event of
such default by LESSEE, LESSOR, at LESSOR's option, as alternative remedies, shall have those
provided by law.
ffLESSOR fails to comply with any of its obligations hereunder, and such failure continues
for a period of five (5) business days after written notice sent by regular mall to LESSOR, at 305 First
Street, SW, Suite 700, Roanoke, Virginia 24011-1914, LESSEE may cure such defect and set-offthe cost
of such cure from subsequent rental payments due LESSOR. Should LESSEE choose not to cure
LESSOR's viotation after such written notice has been provided to LESSOR, LESSEE may vacate the
premises, and the lease shall terminate without further obligation on the part of either party
(12) In the event LESSEE becomes insolvent or makes a general assignment, or is adjudicated a
bankrupt, LESSOR shall have the option of terminating this Lease and, upon fifteen (15) days notice in
writing by certified mail to LESSEE at the said leased premises, may require and receive possession of
said premises free and discharged from all claims of LESSEE or LESSEE's assigns; or LESSOR may
have the further option to declare due immediately and recover the rem for the balance of the term.
(13) The LESSEE hereby agrees to pay all expenses incurred in collecting amounts due here,
including all attorneys' fees, in case it is necessary to take court action.
(14) LESSOR reserves the right for LESSOR or LESSOR's AGENT to enter upon said leased
premises at all reasonable times for the purpose of inspecting same.
(15) Notice given under the provisions of this Lease by LESSOR's AGENT shall have the full
meaning and effect as though given by LESSOR No agreement between LESSOR and LESSEE shall
be considered to exist except as expressed in writing herein or endorsed in writing hereon.
(16) In the event of damage to the leased premises by fire or other action of the elements,
provided that such shall not be due to the fault or negligence of LESSEE, LESSOR shall within a
reasonable time make repairs; provided further, however, that in event of such damage amounting to at
least thirty percent (30%) ora total loss of either the leased premises or of the building of which the leased
premises are a part, LESSOR shall have the option of restoring the premises within a reasonable time, or
cancelling this lease at any time after such damage on twenty-four (24) hours notice; LESSOR's de-
cision of this option, however, to be given LESSEE within fifteen (15) days al~r such damage
(17) WHEN THE DATE IS FIXED FOR LESSEE TO VACATE THE PREMISES, LESSOR
OR LESSOR's AGENT MAY, AT ANY TIME WITHIN THIRTY (30) DAYS PRIOR THERETO,
SHOW THE PREMISES TO PROSPECTIVE NEW TENANTS AT SUCH TIME AND UNDER SUCH
CONDITIONS AS WOULD BE REASONABLE AND PROPER; AND IN THE EVENT THE LEASED
PREMISES ARE OFFERED FOR SALE DURING the period covered by this Lease, LESSOR may
place a "FOR SALE" sign upon the premises and LESSOR or LESSOR's AGENT may show the
property to prospective purchasers at such times and under such conditions as would be reasonable and
proper.
(18) In the event of condemnation, or imminent threat thereof, of the leased premises or any
portion thereof, by any public or governmental authority, LESSOR may, at LESSOR's option, terminate
this Lease on at least sixty (60) days written notice prior to expiration oof any rental month.
(19) In the event LESSEE abandons the leased premises LESSOR may declare due immediately
and recover the rent for the balance of the term and may enter upon said premises and act for the
protection of LESSOR's interest and right and may, at LESSOR's option, offer the premises for rent and
rent them to the best advantage, applying the net proceeds to LESSEE's obligations hereunder; or
LESSOR may, at LESSOR's option, as an alaternative remedy, enter upon the premises and act for
LESSOR's best interests, and then terminate this Lease upon five (5) days written notice from any date.
However, said notice shall not be necessary i/reasonable efforts fail to locate LESSEE. In either such
event, LESSOR also shall have full recourse to remedies allowed by law.
(20) LESSEE HAS RECEIVED TWO (2) KEYS TO THE LEASED PREMISES AND SHALL
BE RESPONSIBLE FOR THE RETURN OF SAME TO LESSOR's AGENT. RENT WILL
CONTINUE UNTIL ALL KEYS ARE RETURNED.
(21) The LESSOR covenants with the LESSEE as follows: For the LESSEE's quiet enjoyment
of this term; and for the benefit of FRANCIS REALTORS, AGENT, as a covenant running with the
land, that in consideration of the services of said AGENT in procuring this Lease, it is to receive a
commission of six percent (6%) of the monthly rental of the premises to be paid by LESSOR out of the
rent proceeds during the term of this Lease or any renewal or extensions thereof, or any new lease between
the parties hereto. Said commission shall not be an additional charge to the LESSEE. Said commission
shall be paid by the LESSOR to the AGENT out of the monthly rent. Any repairs requiring the
supervision and the obtaining of bids for same by said AGENT is to carry a ten percent (10%) service
charge for the AGENT, AND THAT NO SALE, TRANSFER, ASSIGNMENT, OR RELEASE BY THE
LESSOR OF THE LEASE AND THE PROPERTY COVERED HEREIN SHALL AFFECT THIS RIGHT
TO COMMISSIONS. Said service charge shall be paid by LESSOR. Should the premises be sold to
LESSEE or its assign(s), a commission of six percent (6%) of the sales price shall be due and payable to
said AGENT. LESSEE shall have no obligation to pay this commission.
(22) Request for repairs by LESSEE must be in writing, otherwise, they are not acceptable,
unless there is an emergenacy.
(23) A late charge of ten percent (10%) of monthly rental payment will be due by LESSEE as
additional rent on any payment not received by AGENT by the 10th day of the month in which rent is
due.
(24) SPECIAL COVENANTS:
(A) LESSEE will furnish LESSOR with evidence of insurance or self-insurance, naming
LESSOR and LESSOR's AGENT as "Additional Insureds".
(B) ENVIRONMENT3I,, LESSOR has had an environmental analysis done for the
leased premises, which is incorporated in an Asbesstos Management Plan, which LESSEE has read and
signed. LESSEE is aware of asbestos in building, which has been deemed non-friable. Based on this
information, LESSOR and LESSOR's AGENT are not aware of any existing friable asbestsos in the
building. Should non-encapsulated friable asbestos or other hazardous materials other than those
identified in Asbestos Management Plan dated April 20, 1996, and attached hereto as Exhibit "B" be
discovered in the building or leased premises, LESSEE may immediately terminate this Lease, and be
relieved of all obligations set forth herin.
-4-
(C) ACCESSIBILITY BY THE HANDICAPPED. Prior to commencement
of the initial term and delivery of possession, LESSOR shall certify to LESSEE in writing that the
minimum requirements of the Virginia Uniform Statewide Building Code pertaining to access by
physically handicapped and aged persons have been met. As hereinafter used, the term "the standards"
shall mean and incorporate those standards issued or promulgated by the American National Standards
Institute entitled "American National Standard Specifications for Making Buildings and Facilities
Accessible to and Usable by Physically Handicapped People," ANSI-A117.1-1980, and the term
"accessible" shall mean accessible to physically handicapped and aged individuals in accordance with the
standards. The minimum requirements are:
1. Walks used as accessible routes to the building shall comply with the standards.
2. An accessible primary entrance to the building shall be at grade or ramped to grade
in accordance with the standards.
3. Entrance to the premises is via 36" push-open door.
4. At least one accessible route (comdors and doors) to the leased premises shall comply
with the standards.
Directional signs complying with the standards shall be provided directing the public
to the leased premises occupied by LESSEE. This is the responsibility of the LESSEE.
Where the foregoing standards for handicapped access conflict with applicable local
ordinances, rules, or regulations setting forth standards for handicapped access, the
more restrictive of the two shall govern.
IN WITNESS WHEREOF, LESSOR, LESSEE and AGENT have signed this Lease
Agreement under seal this the day of ,1999.
AGENT: FRANCIS REALTORS LESSOR:
By: (SEAL)
William F. Trinlde - President
CRESTAR BANK, TRUSTEE JIM'S TRUST u/w JAMES L. TR1NKLE
By: (SEAL)
Margaret M. Walters - Real Estate Officer
MURIEL K. TRINKLE MARITAL TRUST
u/w JAMES L. TRINKLE
By:
William F. Trinkle - Co-Trustee
(SEAL)
ATTEST:
LESSEE: CITY OF ROANOKE, VIRGINIA
Mary F. Parker - City Clerk
Approved as to form:
(SEAL)
(SEAL)
By:
(print name).
Title:
(SEAL)
Title:
-5-
EX~TBIT "A'
2,525~_ square feet - 120 West Kirk Avenue
Roanoke, VA 26011
e~
· .'-"
.. ,ge-
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 10, 1999
File #67-468
Elizabeth T. Bowles, Chair
Citizens Advisory Committee - Carvins Cove Reservoir
4865 Glen Ivy Lane, S. W., Unit 104
Roanoke, Virginia 24018-4709
Dear Mrs. Bowles:
A report of the Water Resources Committee transmitting copy of an interim report of the
Carvins Cove Comprehensive Land Use Committee dated February 1, 19g'9, and
concurring in the conclusion set forth in said report, was before the Council of the City of
Roanoke at a regular meeting which was held on Monday, June 7,1999.
On motion, duly seconded and unanimously adopted, the report was received and filed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
James D. Ritchie, Acting City Manager
Chuck Supan, County Planner/Zoning Administrator, Botetourt County, 1 West Main
Street, Box 1, Fincastle, Virginia 24090-2002
David R. Holladay, Planner, Roanoke County, P. O. Box 29800, Roanoke, Virginia
24018-0798
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Jesse H. Perdue, Jr., Manager, Water Department
June 7, 1999
Report No. 99-329
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Interim Report of the Carvins Cove Comprehensive
Land Use Committee
The attached staff report was considered by the Water Resources Committee
at its regular meeting on May 17, 1999. The Committee agrees to the conclusion
stated in the attached report and submits a copy of the report to Council for their
information.
Respectfully submitted,
Linda F. Wyatt, Chairperson
Water Resources Committee
LFW: KB K:afm
Attachment
CC~
William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Jesse H. Perdue, Jr., Water Department Manager
Chuck Supan, County Planner/Zoning Administrator, Botetourt County
David R. Holladay, Planner, Roanoke County
Members, Carvins Cove Comprehensive Land Use Committee
CITY OF ROANOKE
Report No. 99-329
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
THRU:
SUBJECT:
May 17, 1999
Members, J/Vater Resources Committee
~,,t u. tt,ser, uirector of Utilities& Operations
Oa~es D. Ritchie, Acting City Manager
Interim Report of the Carvins Cove Comprehensive
Land Use Committee
I. Background:
II.
City Council received the attached February 1, 1999, report from the
subject committee.
Bo
City Council referred the report to the Water Resources Committee for
consideration.
The report asked members of Council to "encourage your opposite
numbers in Roanoke and Botetourt Counties to consider giving attention
to the need for soil and water 'best management practices' on the
headwaters of Catawba and Tinker Creeks to protect the purity of the
water in Carvins Cove reservoir."
Water Department Manager Jesse Perdue and I met with Chuck Supan,
Botetourt County Planning/Zoning Administrator, and David Holladay,
Roanoke County Planner, on February 10, 1999, to discuss the
recommendation.
Current situation'
Ao
Representatives for both counties state that their government does
enforce all known legal construction and development requirements and
would be willing to consider any other recommendations and, if
applicable, discuss them with the county farm bureaus.
Page 2
II1.
Source Water Assessment Program (SWAP) is a requirement of the
1996 Amendments to the Federal Safe Drinking Water Act. Attached is
a one page sheet describing that requirement as well as pages 5 - 14 of
a 60-page draft Virginia SWAP that was submitted to the Environmental
Protection Agency (EPA) on or before February 6, 1999, for approval.
The Virginia SWAP, once approved, will require a formal assessment
program, including land use activities, for all public water supply sources
within 42 months of approval by EPA by the Virginia Department of
Health, either alone or in cooperation with water system owners. This
assessment will be the initial step of providing technical assistance to
water works owners in developing a Source Water Protection Program
which in turn may provide recommendations for additional "best
management practices" to discuss with our neighboring jurisdictions and
property owners along the headwaters of Tinker and Catawba Creeks.
Conclusion:
Ao
No additional activity is recommended until such time as the State
Department of Health, in cooperation with the City, and undoubtedly
representatives of Botetourt and Roanoke Counties conduct the formal
Source Water Assessment Program.
A copy of this report be forwarded to Roanoke City Council and the
Carvins Cove Comprehensive Land Use Committee for information.
KBK:afm
Attachments
cc: Jesse H. Perdue, Jr., Water Department Manager
Chuck Supan, County Planner/Zoning Administrator, Botetourt County
David R. Holladay, Planner, Roanoke County
CARVINS COVE COMPREHENSIVE I-AND USE COMMITTEE
February 1, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Thank you for allowing me to serve as Chairperson of the Carvins Cove
Comprehensive Land Use Committee. The consultant has been hired and the project
is on schedule and well underway. The committee has met on a monthly basis and
held one public hearing in November.
This committee wishes to make an interim report to Council. This report deals
with an aspect of protecting the purity of the water in Carvins Cove reservoir that
cannot be dealt with by a land use plan for city-owned lands. Our committee voted to
bring this matter to your attention because you appear to be considering how to
address other regional water management issues, and we would hope this aspect
could be on the agenda if such regional conversations are held.
The committee is cognizant of the fact that the primary purpose of the Council-
commissioned study is to produce a land use plan for city-owned lands surrounding
Carvins Cove reservoir which, among other things, addresses the potential for light
recreational use of the watershed.
The committee understands that the public's overriding interest with respect to
the Carvins Cove issue is in the protection from contamination of the source of pure
water for city residents.
The committee has been informed that during certain times of the year a major
proportion of the water in the Carvins Cove reservoir originates from outside the city-
owned reservation. It enters the reservoir via two tunnels, one from Catawba Creek,
and the other from Tinker Creek. Nothing the city does with respect to management
of city-owned land can keep these waters clean.
The Honorable David A. Bowers, Mayor
and Members of City Council
February 1, 1999
Page 2
In the context of your envisaged planning and coordination meetings with your
peers representing other nearby local governments including Botetourt as well as
Roanoke counties, and on the basis of some appropriate reciprocity, we ask that you
do the following: Encourage your opposite numbers in those jurisdictions to consider
giving special attention to the need for soil and water "best management practices"
on the headwaters of Catawba and Tinker creeks to protect the purity of the water in
Carvins Cove reservoir.
Thank you for your consideration of our views.
Sincerely,
Elizabeth T. Bowles
Chairperson
ETB:afm
CC;
W, Robert Herbert, City Manager
Mary F. Parker, City Clerk
VVilburn C. Dibling, Jr., City Attorney
Kit B. Kiser, Director of Utilities & Operations
Molly L. Rutledge, M.D., Director, Health Department
John W. Coates, Manager, Parks & Recreation
Jesse H. Perdue, Jr., Manager, Water Department
Evelyn Lander, Chief, Planning Department
Phillip C. Schirmer, Civil Engineer
David R. Holladay, Planner, Roanoke County
Chuck Supan, County Planning/Zoning Administrator, Botetourt County
Gene VVhitesell, VVhitesell Orrison, Inc.
Members, Carvins Cove Comprehensive Land Use Committee
VIRGINIA'S SOURCE WATER ASSSESSMENT PROGRAM
The 1996 Amendments to the Safe Drinking Water Act (SDWA) initiated a new era in cost-effective
protection of ddnking water quality, state flexibility, and citizen involvement. Source water assessment
programs required under the 1996 Amendments offer tools and opportunities to build a prevention barrier
to drinking water contamination.
SOURCE WATER ASSESSMENTS
Under the SDWA, states are required to develop comprehensive Source Water Assessment Programs
(SWAP) that will:
· Identify the areas that supply public water
· Inventory contaminants and assess water system susceptibility to contamination
· Inform the public of the results
SOURCE WATER ASSESSMENT PROGRAM GUIDANCE
EPA is responsible for the review and approval of SWAP's. The states must submit their SWAP to EPA
in February 1999. The EPA State Source Water Assessment and Protection Programs Guidance lays out
the information that states need to provide about their program before approval, public padicipation
requirements, and funding available through the 1997 DWSRF.
SOURCE WATER PROTECTION
Once completed, assessments can be used to focus prevention resources on drinking water protection.
Implementation of source water protection programs should be linked to the source water assessments.
VIRGINIA DEPARTMENT OF HEALTH ACTIONS
Virginia's Pdmacy Agency is the Virginia Department of Health (VDH). VDH has been developing its
SWAP with the involvement of three (3) separate groups:
· Source Water Protection Team
· Source Water Assessment Technical and Citizens Committee
· Waterworks Advisory Committee
A DRAFT of Virginia's SWAP document has been completed. The final document must be submitted to
EPA by February 6, 1999.
Public meetings on the DRAFT SWAP were held in Roanoke, Virginia on January 11, 1999 and in
Richmond, Virginia on January 12, 1999.
After EPA gives final approval of Virginia's SWAP, the Virginia Depadment of Health (specifically the
Office of Water Programs staff), in cooperation with water system owners will prepare or help prepare the
assessment for each public water supply source in the Commonwealth - in excess of 5000 individual
source water assessments.
VIRGINIA SOURCE WATER ASSESSMENT PROGRA.\I
IV. Source Water Assessment Areas Delineation
A. Ground Water-Sources
VDH through the TEAM, TAC, WAC and Public Participation has determined that a
fixed radius delineation approach for groundwater sources is the approach of choice for
Virginia. The advantages and disadvantages of the six methods suggested by EPA in
the June 1987, Cntidelines ;for Delineation of }~'ellhead 12rotection Areas were
considered. The basis for choosing the fixed radius approach is:
· Virginia}s permitting of contaminant releases to the environment, which locates
sources of potential pollutants.
· VDH's public water supply \yell construction and abandonment regulations.
· VDH's sanitary surveillance program for drinking water supplies where VDH staff
performs surveys every 12 to 18 months.
VDH's chemical and bacteriological monitoring requirements for public water
supplies per the SDWA and a Virginia program for routine raw water
bacteriological monitoring to detect changes in nficrobiological quality.
· VDH's completion of the GUDIS assessments has already identified those sources
experiencing microbiological contamination resulting from surface water influence.
VDH's completion of vulnerability assessments for synthetic organic chemicals
under the Safe Drinking Water Act Phase II/V Rule Waiver Program based on 1000
foot fixed radius assessment zones.
VDH's contract with the United States Geological Survey (USGS) to perform a
statewide aquifer study which may identify areas where a more detailed delineation
may be beneficial.
VDH's contract with the Virginia Department of Conservation and Recreation
(DCR) to perform detailed studies in Karst areas where detailed delineation may be
beneficial.
· The costs of the other delineation methods exceed the incremental improvement of
data quality expected for the other methods.
· Neither the waterworks o~vners or VDH have adequate staff and financial resources
to complete more complex delineations in the allotted time frame.
· The reality that future assessments will be required due to new EPA Regulations.
5
December 15, 1998
VIRGINIA SOURCE WATER ASSESSMENT PROGRA.\I
Assessment Areas
· Zone 1- 1000 foot fixed radius - inventory land use activities (LUA) listed in
Tables 1 and 2 and potential conduits to groundwater listed in Table 3 (see
Appendix F).
Zone 2 - 1 mile fixed radius - identify potential sources of contamination (PSC)
sites shown on GIS layers available from other regulatory authorities or other
sources (Virginia Pollutant Discharge Elimination System (VPDES) discharges,
tire piles, landfills, superftmd sites, etc.).
B. Surface Water Sources
VDH through the TEAM, TAC, WAC and Public Participation has determined that a 5-
mile fixed distance delineation approach for surface water sources is the approach of
choice for Virginia. The advantages and disadvantages of time of travel versus fixed
distance were considered. The basis for choosing the fixed distance approach is:
The 5-mile distance is a recognizable figure utilized by VDH and the Virginia
Department of Environmental Quality (DEQ). It is based on Section 15.1-292 of
the Code of Virginia, which specifies that local governments may prevent water
pollution within 5-miles of a ~vater supply intake.
· Virginia's permitting of contaminant releases to the environment, which locates
sources of potential pollutants.
· VDH's public water supply construction and operations regulations.
· VDH's mandatory filtration requirement reduces threats to public health from
microbiological organisms.
VDH's sanitary surveillance program for drinking water supplies where VDH staff
performs surveys every 6 months ensuring that filtration plants are operated
properly.
· VDH's chemical and bacteriological monitoring requirements for public water
supplies.
VDH's completion of vulnerability assessments for synthetic organic chemicals
under the Safe Drinking Water Act Phase IW Rule Waiver Program based on 5-
mile assessment zones for non-tidal sources.
· The possibility that future assessments will be required due to new EPA
Regulations.
6
December 15. 1998
VIRGINIA SOURCE WATER ASSESSMENT PROGRAM
2. Assessment Area
a. 4qon-Tidal Source Intakes or Pumped Storage Project Intakes
· Distance upgradient from intake (limited only by topo~aphic boundaries)
(see Appendix G).
· Zone 1: Watershed bounded by a 5-mile radius - inventory land use
activities listed in Tables 1 and 2.
Zone 2: Watershed >5 mile radius - identify PSC sites shown on GIS layers
available from other regulatory authorities or other sources (VPDES
discharges, tire piles, landfills, Superfund sites, etc.).
b. Tidal Source Intakes
· Distance upgradient and downgradient from intake (limited only by
topographic boundaries).
· Zone 1: Watershed bounded by a 5-mile radius - inventory land use
activities listed in Tables 1 and 2.
Zone 2: Watershed >5 mile radius - identify PSC sites shown on GIS layers
available from other regulatory authorities or other sources (\rPDES
discharges, tire piles, landfills, Superfund sites, etc.).
c. Impoundment Intakes
· Distance from intake (limited only by topographic boundaries) (see
Appendix G).
· Zone 1: Watershed bounded by a 5-mile radius - inventory land use
activities listed in Tables 1 and 2.
Zone 2: Watershed >5 mile radius - identify PSC sites shown on GIS layers
available from other regulatory authorities or other sources (VPDES
discharges, tire piles, landfills, Superfund sites, etc.).
GUDIS Source Assessment Area
1. No identified flowing surface source
· Zone 1 - 1000 foot fixed radius inventory land use activities listed in Tables 1 and
2 and potential conduits to groundwater listed in Table 3.
7
December 15, 1998
VIRGINIA SOURCE WATER ASSESSMENT PROGRAM
· Zone 2 - 1 mile fixed radius - identify PSC sites shown on GIS layers available
from other regulatory authorities or other sources (VPDES discharges, tire piles,
landfills, superfund sites, etc.).
Identified flowing surface source
· Zone 1 - 1000 foot fixed radius inventory land use activities listed in Tables 1 and
2 and potential conduits to groundwater listed in Table 3.
· In addition, utilize the surface water Non-Tidal Source assessment area (IV.B.2.a)
considering the well as the intake structure.
D. Conjunctive Delineation
VDH through its TEAM, TAC, WAC and Public Participation has evaluated the factors
regarding the interaction of groundwater and surface water relative to public water supply
sources in Virginia. Conjunctive delineation concerns are adequately addressed by the
proposed groundwater and surface water assessment strategies.
December 15, 1998
VIRGINIA SOURCE WATER ASSESSMENT PROGRA_\I
Land Use Activity Inventory
VDH ~vill assure that an inventory of Land Use Activities (LUA) of concern and potential
conduits to groun&,vater (where applicable) that are present within the source water assessment
area (Zone 1) is completed. The inventory shall include only those items listed in Appendix F
Tables 1, 2, and 3. (Any further reference to LUAs regarding groundwater includes the potential
conduits to groundwater listed in Table 3). The inventory will include the name and address of the
landowner.
December 15, 1998
VIRGINIA SOURCE WATER ASSESSMENT PROGR..-L\!
VI.
Susceptibility Determinations
A. Susceptibilty Determination Process
\rDH ,,,,'ill determine the susceptibility of a waterworks source to possible contamination
using a three-step process. The first step is a sensitivity determination, which is an
evaluation of the hydrogeological and physical characteristics of the source water and its
assessment area. The second step is an inventory of Land Use Activities (LUA) of concern
and potential conduits to groundwater (where applicable). The third step is assigning
susceptibility using the criteria in Chart A below.
Chart A
Type of Source Sensitive LUA present in Susceptibility
Water Source assessment area
Groundwater No No Very Low
Groundwater No Yes Low
Grotmdwater Yes No Moderate
Groundwater Yes Yes High
Surface water Yes No Moderate
Surface water Yes Yes High
The final product of the process establishes one of four possible susceptibility determinations
(very low, low, moderate, and high) for each source water. The details of the process are:
1. Sensitivity Determination
Groundwater - VDH ,,viii classify a groundwater source as sensitive if it is
constructed within a groundwater area that tends to promote contaminant
migration (or provide little protection to migration of contaminants). VDH will
use the Groundwater Map of Virginia prepared by the Virginia Water Control
Board Ground Water Program, 1985; as the reference for determining the
predominant groundwater areas in Virginia. These sensitive groundwater areas
include:
Cumberland Plateau
Ordovician Shale
Carbonate
West Toe
Triassic Basin
Fall Zone
Coastal Plain
Quaternary Aquifer
10
December 15, 1998
VIRGINIA SOURCE ¥[ATER ASSESSMENT PROGR.-L\I
VDH will not define as sensitive a properly constructed source, as verified by
VI)H, located within one of the sensitive groundwater areas if it has been
determined by the U.S. Geological Survey (as part of the Virginia Aquifer
-Susceptibility study) to be developed in a 'confined aquifer'. The fi.~ndamental
premise of the Virginia Aquifer Susceptibility study is to use ground-water-age
determinations from various environmental tracers and isotopes as a guide for
the classification of areas and aquifers in terms of susceptibility of groundwater
to near-surface contamination.
VDH will define a GUDIS source as sensitive.
VDH ,.vill define as not sensitive a groundwater source ,.vhich is not located in a
sensitive groundwater area, if all of the following four criteria are met:
i. No 'known contamination of the source (as defined in Section VI-C) has
been detected in the last 5 years.
ii. The well is a Class IIB (or better) well which has been constructed in
accordance with the l'?rginia Waterworks Reg~dations.
iii. A driller's well log or the U.S. Geological Survey clearly indicates that an
aquitard is present and there is no evidence to suggest it does not extend
over the entire assessment area.
iv. The most recent sanitary survey confirms that the source substantially
adhere to the construction standards of the Virginia Pr'aterworkg
Regulations.
If the required information needed to confirm the items does not exist or is
questionable then the source will be classified as sensitive.
Surface Water - Surface water is by nature exposed to an inconsistent array of
contaminants at varying concentrations due to changing hydrologic, hydraulic
and atmospheric conditions. Because all surface water sources are open to the
atmosphere, they are considered sensitive.
2. Land Use Activity Inventory
VDH will use the inventory of LUAs in zone 1 in the susceptibility determination for
each source.
3. Susceptibil!ty Determination
VDH ,,viii use Chart A to determine the susceptibility of a source after the sensitivity
determination and land use activity inventory are completed. Groundwater sources will
have one of the following susceptibility determinations: Very Low, Low, Moderate or
High. Surface water sources will have one of the following susceptibility
determinations: Moderate or High.
11
December 15, 1998
VIRGINIA SOURCE WATER ASSESSMENT PROGRA.\[
Any known contamination of the source (as defined in Section VI-C) will result in a
susceptibility determination of high.
The susceptibility determination may be revised based on additional data that becomes
available.
Very Low
A ground water source is not sensitive to contamination and has no known LUAs
within it's delineated assessment area. The results of the source water assessment will
be made available to the public in accordance with Section VIII requirements.
Low
A groundwater source is not sensitive to contamination, however kno~vn LUAs of
concern exist within its delineated assessment area. The LUAs will be ranked as to
relative health risk (see ranking procedures) and the remits of the source water
assessment and the ranking will be made available to the public in accordance with
Section VIII requirements.
.Moderate
A ground water source is determined to be sensitive and has no known LUAs of
concern within its delineated assessment area or a surface water source has no 'known
LUAs of concern within its delineated assessment area. The results of the assessment
~vill be made available to the public in accordance with Section VIII requirements.
High
A ground water source is determined to be sensitive and has known LUAs of concern
within its delineated assessment area or a surface water source has known LUAs of
concern within its delineation area. The LUAs identified must be ranked as to relative
health risk (see ranking procedures). The results of the assessment and the rankings
will be made available to the public in accordance with Section VIII requirements.
B. Ranking Land Use Activities Within Individual Assessment Areas
VDH ~vill provide a ranking of LUAs so that waterworks and the public have a basis
for determining the highest health priority for providing soutce water protection
activities xvithin individual assessment areas. The ranking will indicate the highest risk
LUAs at the beginning of the list. For groundwater sources each Potential Conduit to
Ground~vater found in Table 3 ~vill be listed. Tables 1 and 2 provide a ranking as to the
relative health risk associated with each LUA. The relative health risk rankings were
chosen as a collective decision by the Team and affirmed by the TAC. They are an
amalgam of the perceived risk of release of a contaminant from a LUA, chance of
transport of the contaminant from the LUA to the source water, impact on the treatment
process (for surface water sources) and relative public health risk of the contaminant
12
December 15. 1998
VIRGFNIA SOURCE WATER ASSESSMENT PROGRA.',.!
itselfi Contaminants that could produce 'acute' PMCL violations svere regarded as
'high' risk, while contaminants that could produce 'non-acute' PMCL violations were
regarded as 'moderate' risk. Risk factors were reduced if the chance of release and/or
chance-of transport and/or impact on the treatment process (for surface water, sources)
were considered to be low.
VDH (or other assessor) will evaluate Best Management Practices (BMP) for each
LUA. BNO:~s are protective measures that are the most practical and effective means of
protecting source waters from pollution. Although BMP use at an identified LUA will
not remove the LUA from the ranking, the information detailing each BMP at a
specific LUA will be documented in the final source water assessment report for the
water~vorks. In addition, information regarding inappropriate operation and
housekeeping, etc. at the LUA will be included in the report. The water~vorks owner
could then utilize this information in setting priorities for source water protection
activities.
C. Additional Reporting
In addition, VDH will list any known contamination ofthe source within the last 5 years
(regardless if the source of this contamination has or has not been identified) in the following
order:
Acute health risk contamination of groundwater drinking water sources by microbial
contamination. (i.e. a geometric mean > 3 in 20 or more total coliform MPN samples or
2 or more identified fecal coliform samples)
2. Associated health risk contamination of drinking water sources by nitrate/nitrite at ~A
the PMCL or greater.
3. Existing, known and confirmed drinking water source contamination for SOC/VOCs.
4. Existing, known and confirmed drinking water source contamination (at a
concentration at or above the PMCL) for combined Radium-226 and Radium-228.
5. Existing, known and confirmed drinking water source contamination (at a
concentration at or above the PMCL) for IOCs.
13
December 15, 1998
VIRGINIA SOURCE WATER ASSESSMENT PROGRAM
VII.
Source Water Protection Program
The source water assessment is ,for the protection and benefit of the waterworks". The
availability of the assessment to the owner is the first step in assisting the owner in preparing a
Source Water Protection Program (SWPP). VDH will be available to provide general technical
assistance to waterworks owners in developing a SWPP. In addition, VDH has contracted with
the Virginia Rural Water Association (VRWA) to provide direct assistance to small waterworks
(pop. <10,000) in developing and implementing a SWPP. VRWA will be utilizing the Manual
entitled ]mt~lementing }l~ellhead Protection: Model Components for Local Governments ]u
Virginia, prepared by the Virginia Ground Water Protection Steering Committee.
Appendix H describes the existing Groundwater Protection Program in Virginia.
Appendix I describes laws, regulations and activities protecting surface water in Virginia.
14
December 15, 1998
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #2-468
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
A report of the Water Resources Committee recommending that Council authorize advertisement
of a public hearing, and lacking any comments to the contrary, approve the conveyance of surplus
City-owned property located at Tenth Street and Loudon Avenue, N. W., designated as Official Tax
No. 2111321, to the Northwest Neighborhood Environmental Organization, Inc., was be~bre the
Council of the City of Roanoke at a regular meeting which was held on Monday, June 7,1999.
On motion, duly seconded and unanimously adopted, Council concurred in the recommendation and
scheduled a public hearing for Monday, June 21, 1999, at 7:00 p.m., or as soon thereafter as the
matter may be heard, in the City Council Chamber, 215 Church Avenue, S. W., Roanoke, Virginia.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
pc~
Susheela Shende, Northwest Neighborhood Environmental Organization, Inc., 802 Loudon
Avenue, N. W., Roanoke, Virginia 24016
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Dolores C. Daniels, Assistant to the City Manager for Community Relations
D. Darwin Roupe, Manager, Supply Management
Charles M. Huffine, City Engineer
Sherman M. Stovall, Acting Budget Administrator
Robert K. Bengtson, Traffic Engineer
Sarah E. Fitton, Engineering Coordinator
HSAGENDA99~lJN7.WPD
June 7, 1999
Report No. 99-341
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Surplus City-owned Property - Tax No. 2111321
The attached staff report was considered by the Water Resources Committee
at its regular meeting on May 17, 1999. The Committee recommends that Council
authorize the advertisement of a public hearing and, lacking any comments to the
contrary, approve the conveyance of Tax Map No. 2111321 containing approximately
0.08 acres to the Northwest Neighborhood Environmental Organization, Inc. (NNEO).
NNEO is to be responsible for all title work, surveying, plat preparation, and
preparation of legal documents in a form acceptable to the City Attorney, in
accordance with conditions stated in the attached report.
Respectfully submitted,
Linda F. Wyatt, Chairperson
Water Resources Committee
LFW: KB K: afm
Attachment
William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
D. D. Daniels, Assistant to City Manager for Community Relations
D. D. Roupe, Manager, Office of Supply Management
Charles M. Huffine, City Engineer
Sherman Stovall, Acting Budget Administrator
Robert K. Bengtson, Traffic Engineer
Sarah Fitton, Engineering Coordinator
Susheela Shende, NNEO
Report No. 99-341
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
May 17, 1999
/~mbers, Committee
8. ~ Resources
j~B~s~e~ctor, Utilities and Operations thru
· Ritchie, Acting City Manager
Surplus City-owned Property
Tax No. 2111321
Background in chronological order is as follows:
Property. is located in Roanoke City at the corner of Tenth Street and
Loudon Avenue.
Property was acquired by the City in 1934. In 1972, the City conveyed
1,089 square feet to the Commonwealth of Virginia for Tenth Street, NW,
right-of-way, leaving a small residual parcel.
II.
Current Situation is as follows:
Property is no longer needed by the City and may be disposed of as
surplus property.
City Policy requires surplus property to be advertised and sold to the
highest bidder if property can be used to construct a separate structure,
or if it does not meet requirements to construct a separate structure, as
is the case with this lot, offered to an adjacent property owner.
Conveyance of real property must be approved by City Council, following
a public hearing.
Members, Water Resources Committee
Surplus City-Owned Property
May 17, 1999
Page 2
The adjacent property_ owner is, or will be, Northwest Neighborhood
Environmental Organization, Inc. (NNEO), who has asked that this
property be conveyed to them for a housing project. See attached letter.
III.
Issues in order of importance are:
A. Need
B. Cost to City
C. Income to City
IV.
Alternatives in order of feasibility are:
Water Resources Committee recommends that City Council authorize the
advertisement of a public hearing and, lacking any comments to the
contrary, approve the conveyance of Tax Map No. 2111321 containing
approximately 0.08 acres to the NNEO. NNEO is to be responsible for
all title work, surveying, plat preparation, and preparation of legal
documents in a form acceptable to the City Attorney.
1. Need to the City no longer exists for this residual property.
2. Cost to City will be zero.
3. Income to City will be realized from future taxes on this parcel.
Bo
Water Resources Committee does not recommend that City Council
authorize the advertisement of a public hearing and, lacking any
comments to the contrary, approve the conveyance of Tax Map No.
2111321 containing approximately 0.08 acres to the NNEO. NNEO is to
be responsible for all title work, surveying, plat preparation, and
preparation of legal documents in a form acceptable to the City Attorney.
1. Need will still not exist for this residual property.
Members, Water Resources Committee
Surplus City-Owned Property
May 17, 1999
Page 3
Cost to City will be the cost of maintaining the property.
Income to City will be zero.
Water Resources Committee recommends that City Council authorize the
advertisement of a public hearing and, lacking any comments to the contrary,
approve the conveyance of Tax Map No. 2111321 containing approximately
0.08 acres to the NNEO. NNEO is to be responsible for all title work,
surveying, plat preparation, and preparation of legal documents in a form
acceptable to the City Attorney, in accordance with Alternative "A".
JDR/KBK/SEF
Attachments
CC:
Acting City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
Manager, Office of Supply Management
Acting Budget Administrator
Traffic Engineer
City Engineer
Engineering Coordinator
NNEO, 802 Loudon Avenue, NW, Roanoke, VA 24016
NORTHWEST NEIGHBORHOOD
ENVIRONMENTAL ORGANIZATION
You don't have to mov~ io l~ in a bel~r pla~
Barbara Watson
Interim President
Barbara Watson
Vice President
JoAnne English
Vice President - Elect
Louise J. Penn
Secretary
John W. Penn
Treasurer
Jacob Mack
Chaplain
Susheela Shende, AICP
Executive Director
March 29, 1999
Sara Finton [
Engineering Department
Municipal Building ,.
215 Church Avenue
Roanoke, VA 24011 z,
Dear Ms. FimOn:
As per our discussion by phone this date, I am sending you a letter requesting that the
City of Roanoke dispose the property known as tax map # 2111321 at the corner of l O'h
Street and Loudon Avenue to the Northwest Neighborhood Environmental
Organization, Inc. (31NEO).
We have been working on a housing project which will place four duplexes (8 units)
over the adjacent parcels starting ~'om 2111318 and ending at 2111313. In the process
we will be sealing down the height of the land at this block by as much as 4 to 6 feet at
the crest. In order to make the surrounding area look aesthetically pleasing and relate
well to the street level, we ~vill also excavate and landscape the land at the comer of
10~ and Loudon Avenue.
While we seek permission fi.om the City of Roanoke to grade and landscape the land
that the City owns as surplus property, we are also willing to purchase the land if
necessary. Our excavation contract will be awarded to begin work around the end of
May 1999. If the City can sell us this land prior to that date, it will ensure timely start
and completion of this $2.1 million project. However, if the City earmot (due to its
procedural obligations) complete the sale prior to that date, I am requesting, by way of
this letter to you (copied to Mr. Bill Clark, Director of Public Works), that the City
allow us to start the site grading work Coy the end of May) which will only make the lot
more desirable and will provide a better relationship to the street.
Please respond.to this letter as soon as possible so that I can make arrangements to do
whatever I need to do. My phone number is listed at the bottom of this letter. Thank
you for your time.
Sincerely,
Susheela Shende, ~
Executive Director
Phone 540/343-5674 Fax 540/343-9474 802 Loudon Avenue, N.W. Roanoke, Virginia 24016
J'o
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #2-20-184-337-468
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34323-060799 amending and reordaining certain
sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation
of $210,493.00, in connection with acquisition of property located in the 400 block of Luck
Avenue, S. W., designated as Official Tax Nos. 1012408, 1012407 and a portion of Official
Tax No. 1012406, for the Employee/Jefferson Center Parking Project. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Ritchie, Sr, Acting City Manager
Kit B. Kiser, Director, Utilities and Operations
Dolores C. Daniels, Assistant to the City Manager for Community Relations
D. Darwin Roupe, Manager, Supply Management
Charles M. Huffine, City Engineer
Sherman M. Stovall, Acting Budget Administrator
Sarah E. Fitton, Engineering Coordinator
H: L~.GENDA99XJI. rN7. WP D
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of June, 1999.
No. 34323-060799.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
General Government $ 22,224,362
Employee Parking (1) ...................................... 1,200,000
Capital Improvement Reserve $ 10,571,145
Public Improvement Bonds - Series 1996 (2) .................... 2,282,967
1 ) Appropriated from
Bond Funds (008-056-9698-9001) $ 210,493
2) Employee Parking (008-052-9701-9192) (210,493)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #2-20-184-337-468
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34324-060799 providing for acquisition of property
located in the 400 block of Luck Avenue, S. VV., identified as Official Tax Nos. 1012408,
1012407, and a portion of 1012406, for a consideration not to exceed $140,000.00;
authorizing the proper City officials to execute and attest any necessary documents for said
acquisition; providing for the City's acquisition of such property rights by condemnation,
under certain circumstances; and authorizing the City to make motion for the award of a
right of entry on any of the parcels for the purpose of commencing the project. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
Richard A. Dearing, P. O. Box 8224, Roanoke, Virginia 24014
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Dolores C. Daniels, Assistant to the City Manager for Community Relations
D. Darwin Roupe, Manager, Supply Management
Charles M. Huffine, City Engineer
Sherman M. Stovall, Acting Budget Administrator
Sarah E. Fitton, Engineering Coordinator
H:~AGENDA99XJUN7.WPD
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34324-060799.
AN ORDINANCE providing for the acquisition of property located in the 400 block of Luck
Avenue, S.W., and identified by Roanoke City Tax Map Nos. 1012408, 1012407, and a portion of
Official Tax No. 1012406, authorizing the proper City officials to execute and attest any necessary
documents for this acquisition; 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 any of the parcels for the purpose of commencing the project; upon certain terms
and conditions; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For the Employee/Jefferson Center Parking Project, the City wants and needs fee
simple title to property located in the 400 block of Luck Avenue, S.W., and identified by Roanoke
City Tax Map Nos. 1012408, 1012407, and a portion of Official Tax No. 1012406, as more
specifically set forth in the report and attachments thereto to this Council dated June 7, 1999. The
proper City officials are authorized to execute and attest the necessary documents, in form approved
by the City Attorney, to acquire for the City from the respective owner the fee simple title to the
parcel, for a consideration not to exceed $140,000.00.
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 consideration to the owner, certified by the
City Attorney to be entitled to the same.
3. The City Attomey is authorized and directed to institute condemnation or legal
proceedings to acquire for the City the appropriate property rights should it be necessary to do so.
4. In instituting or conducting any condemnation proceeding, the City Attorney is
authorized to make 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 right to enter upon the
property for the purpose of commencing the project. The Director of Finance, upon request of the
City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the
respective 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.
H:\ORD-GEI~O-PAKKIN.6
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Acquisition of Property
Employee/Jefferson Center Parking Project
June 7, 1999
Report No. 99-342
The attached staff report was considered by the Water Resources Committee
at its regular meeting on May 17, 1999. The Committee recommends that Council
take the following actions in accordance with conditions stated in the attached report:
Authorize the acquisition of the property in the 400 block of Luck
Avenue, SW, Tax Map Nos. 1012408, 1012407, and 22,800 s.f.
more or less, of 1012406, by negotiation or eminent domain, for
the amount of $140,000.
Appropriate $210,493 from the 1996 General Obligation Bonds
(Employee Parking Account 008-052-9701-9192) to the Employee
Parking Capital Account 008-056-9698-9001 to provide funding
for property acquisitions and related expenses for this ongoing
program.
Respectfully submitted,
L~nda F. VVyatt, Chairperson
Water Resources Committee
LFW: KB K:afm
Attachment
CC:
William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
D. D. Daniels, Assistant to City Manager for Community Relations
D. D. Roupe, Manager, Office of Supply Management
Charles M. Huffine, City Engineer
Sherman Stovall, Acting Budget Administrator
Sarah Fitton, Engineering Coordinator
Richard A. Dearing
Report No. 99-342
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
May 17, 1999
Members, JNater Resources Committee
~ B_,=F~is~r, Utilities and Operations thru
J~es D. Ritchie, Acting City Manager
Acquisition of Property
Employee/Jefferson Center Parking Project
Background in chronological order is as follows:
In September, 1994, a plan was developed to address the Jefferson
Center parking needs as well as Employee Parking recommendations.
In December, 1994, Council approved the transfer of funds to allow
acquisition of property. Eleven parcels have been acquired.
Three parcels, located in the 400 block of Luck Avenue, SW, Tax Map
Nos. 1012408, 1012407, and a portion of 1012406, have been identified
as possible sites to acquire to implement Phase I (property acquisition) of
the Parking Project. Owner will subdivide Tax No. 1012406 to allow City
to purchase 22,800 s.f., more or less, which is approximately half of the
lot.
II.
Current Situation is as follows:
The property owner, Richard A. Dearing, has been offered $140,000 for
this property. It is possible that condemnation may be necessary to
acquire these parcels.
The property has been reviewed by Mr. Will Claytor, Director, Real Estate
Valuation. Staff feels that this price is consistent with values of other
parcels purchased in the area for this project. The assessed value for tax
purposes is calculated to be $130,000.
Members, Water Resources Committee
Acquisition of Property
Employee/Jefferson Center Parking Project
May 17, 1999
Page 2
III.
Issues in order of importance are:
A. Need
B. Timing
C. Funding
IV.
Alternatives in order of feasibility are:
Water Resources Committee recommends that City Council authorize the
acquisition of the property in the 400 block of Luck Avenue, SW, Tax Map
Nos. 1012408, 1012407, and 22,800 s.f., more or less, of 1012406, by
negotiation or eminent domain, for the amount of $140,000.
Need to acquire property for the Employee/Jefferson Center Parking
Project is met.
Timing is critical to acquire property which is currently available at a
fair price.
Funding totaling $210,493 is available from the sale of 1996 General
Obligation Bonds (Employee Parking Account 008-052-9701-9192)
and may be appropriated to the Employee Parking Capital Account
008-056-9698 to provide for the acquisition of the property.
Water Resources Committee does not recommend that City Council
authorize the acquisition of the property in the 400 block of Luck Avenue,
SW, Tax Map Nos. 1012408, 1012407, and 22,800 s.f., more or less, of
1012406, by negotiation or eminent domain, for the amount of $140,000.
Need for the acquisition of property for the Employee/Jefferson
Center Parking Project would continue to exist.
2. Timing would not be a factor in this alternative.
Funding designated for the acquisition of property for the
Employee/Jefferson Center Parking Project would not be expended
at this time.
Members, Water Resources Committee
Acquisition of Property
Employee/Jefferson Center Parking Project
May 17, 1999
Page 3
Water Resources Committee recommends that City Council concur in Alternative "A"
and take the following actions:
Authorize the acquisition of the property in the 400 block of Luck Avenue,
SW, Tax Map Nos. 1012408, 1012407, and 22,800 s.f., more or less, of
1012406, by negotiation or eminent domain, for the amount of $140.000.
Bo
Appropriate ~210,493 from the 1996 General Obligation Bonds (Employee
Parking Account 008-052-9701-9192) to the Employee Parking Capital
Account 008-056-9698-9001 to provide funding for property acquisitions and
related expenses for this ongoing program.
JDR/KBK/SEF
Attachment
COZ
Acting City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Manager, Supply Management
Acting Budget Administrator
Richard A. Dearing, P. O. Box 8224, Roanoke, VA 24014
PROPERTY TO BE ACQUIRED BY CITY OF ROANOKE
1120331
105
1012814
1012815
1012816
1012817
1012818
1012804
1012805
~ 1012806
101280
1012808
1012428
119.1
'0
157.0
1012809
1012810
1012811
105.0
1012812
1554
1012440 ~
100.0
100.~ L~
1012409
37.0
1012410
135.0
140
) 1012004
1012005
2OO6
81.5
O~
5TH
1011903
158.0
58.6
1011913.
69.9
'.0
~1011909
84.5
4TH
112.0
1012001
'~ 114.0
251.6 ~ 1012004.
24o.1 ~ 1012005
1012006
247.0
1012007
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File ~468
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34326-060799 declaring that a water supply
emergency exists within the City of Roanoke; approving the Water Conservation Plan
dated May 17, 1999; authorizing the City Manager to impose suitable penalties for
violations of the Water Conservation Plan; authorizing the City Manager to temporarily
employ two water conservation officers and to authorize those officers as well as certain
other City employees to patrol and issue citations for violations of the Water Conservation
Plan; authorizing the City Manager to take such further action and to provide for such rules
and regulations as may be necessary to implement, administer and enforce the Water
Conservation Plan. The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
Elmer C. Hodge, County Administrator, Roanoke County, P. O. Box 29800,
Roanoke, Virignia 24018
Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem, Virginia
24153
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Jesse H. Perdue, Jr., Manager, Water Department
H:L~GENDA99~LrN7,WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34326-060799.
AN ORDINANCE declaring that a water supply emergency exists within the City of
Roanoke; approving the Water Conservation Plan dated May 17, 1999; authorizing the City Manager
to impose suitable penalties for violations of the Water Conservation Plan; authorizing the City
Manager to temporarily employ two water conservation officers and to authorize those officers as
well as certain other City employees to patrol and issue citations for violations of the Water
Conservation Plan; authorizing the City Manager to take such further action and to provide for such
rules and regulations as may be necessary to implement, administer and enforce the Water
Conservation Plan; and providing for an emergency.
WHEREAS, Council has been advised that the water level at the Carvins Cove Reservoir has
dropped below eighteen feet; that a limited supply of water is available; that the level continues to
drop due to lack of significant rainfall; that the long range weather forecast predicts hot, dry, and
below normal precipitation for the next few months; and that there is a need to control and restrict
the use of water until the Carvins Cove Reservoir level is resupplied up to the level often feet below
the spillway in order to attempt to prevent a water shortage within the City; and
WHEREAS, for the reasons set forth above and for those set forth in the report from the
Water Resources Committee to this Council dated June 7, 1999, Council does hereby find that a
water supply emergency does exist within the City of Roanoke and that there is a need to control and
restrict the use of water during this emergency and that the Water Conservation Plan dated May 17,
1999, should be approved by Council in order to attempt to prevent a water shortage within the City.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. For the reasons set forth above and in the above mentioned report, Council does
hereby declare that a water supply emergency does exist within the City of Roanoke and that there
is a need to control and restrict the use of water during this emergency and that the water supply
emergency will be lifted when the Carvins Cove Reservoir reaches ten feet below the spillway or upon
further action of Council.
2. Council specifically approves and adopts the Water Conservation Plan dated May 17,
1999, including the surcharges contained therein, a copy of which is attached to the above mentioned
report dated June 7, 1999, and directs that the City Manager implement that Water Conservation
Plan, all as more fully set forth in the said report to this Council. Council further provides that the
conditions, allocations, conservation, restrictions, and penalties provided for in the Plan are
progressive and may be applied in a cumulative manner.
3. The City Manager is authorized in accordance with City of Roanoke Charter (1952),
§ §2(31) and (32), and § 15.2-924 of the Code of Virginia (1950), as amended, to impose suitable civil
penalties for violations of the Water Conservation Plan or any rules or regulations pursuant to the
Plan when condition 3, 4, or 5 is in effect in the amount of $100 per day for residential users and
$500 per day for institutional/commercial/industrial users, with each day of any violation constituting
a separate violation. The City Manager is further authorized to implement the provisions of the Plan
that will allow for the immediate cutting off or termination of water service for multiple (more than
one) violations of the Water Conservation Plan and/or failure to pay any civil penalty assessed for
violation of the Plan or for violation of any rules or regulations pursuant to the Plan and that such
service will not be resumed until all bills, penalties, and a $50 turn on fee are paid.
4. The City Manager is authorized to temporarily employ two persons to act as water
conservation officers and to authorize such officers to patrol and issue citations to water users for
violations of the Plan or any rules or regulations adopted pursuant to the Plan or the restrictions
provided for therein. The City Manager is further authorized to use the additional City employees
referred to in the above mentioned report to supplement such water conservation officers for
patrolling and the issuing of citations.
5. The City Manager is authorized to take such further action as may be deemed
necessary and to provide for such rules and regulations as may be necessary to implement and/or
administer the Water Conservation Plan and to enforce the provisions of that Plan.
6. Should the water level at the Carvins Cove Reservoir rise above the level often feet
below the spillway the water supply emergency will be deemed to be lifted and the City Manager is
authorized to take such actions as may be necessary to terminate the Water Conservation Plan in an
orderly manner.
7. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File tt468
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34325-060799 amending and reordaining certain
sections of the 1999-2000 Water Fund Appropriations, providing for appropriation of
$100,000.00 from Water Fund Prior Years' Retained Earnings to Purchased Water and
$3,000.00 to Overtime Wages and decreasing the revenue estimate by $408,660.00 in the
Water Fund, Bulk Sales to Roanoke County, in connection with the Water Conservation
Plan dated May 17, 1999. The abovereferenced measure was adopted by the Council of
the City of Roanoke at a regular meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Ritchie, Sr., Acting City Manager
Kit B. Kiser, Director, Utilities and Operations
Jesse H. Perdue, Jr., Manager, Water Department
H 9,AGENDA99XJUN7.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of June, 1999.
No. 34325-060799.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Water
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1999-2000 Water Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Aoorooriations
Water - Purification $ 1,937,114
Overtime Wages (1) ...................................... 21,000
Purchased Water (2) ...................................... 110,000
Revenues
Operating $ 8,416,590
Bulk Sales (3) ........................................... 1,166,340
Retained Earnin,qs
Retained Earnings (4) .....................................
1 ) Overtime Wages
2) Purchased Water
3) Roanoke County
4) Retained Earnings
(002-056-2170-1003)
(002-056-2170-2055)
(002-020-1234-0905)
(002-3336)
$ 3,000
100,000
(408,660)
(511,660)
$ 29,999,176
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
June 7, 1999
Report No. 99-343
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Water Conservation Plan
The attached staff report was considered by the Water Resources Committee
at its regular meeting on May 17, 1999. The Committee recommends that Council
take the following actions:
City Council finds that a water supply emergency exists in the
City affecting the use of water in any area of the City and that
there is a need to control and restrict the use of water during the
emergency and that Council approve the attached Water
Conservation Plan, dated May 17, 1999, including the surcharges
contained therein. That Council declare the water supply
emergency will be lifted when the Carvins Cove reservoir level
reaches 10 feet below the spillway or upon further action of
Council.
Authorize the City Manager, in accordance with the City of
Roanoke Charter (1952), Sections 2-(31) and (32), and Virginia
Code Section 15.2-924, to impose suitable penalties for the
violations of the Water Conservation Plan of not less than One
Hundred Dollars ($100.00) for residential users and Five Hundred
Dollars ($500.00)for institutional/commercial/industrial users.
Each day of a violation shall be considered a separate violation.
Penalties assessed will be immediately payable. Council further
authorize the City Manager to provide that failure to pay the
penalty assessed and/or multiple violations of the Water
Conservation Plan may subject the water user to immediate cut
off of water service and service will not be resumed until all bills,
penalties, plus a $50.00 turn on fee are paid.
Authorize the City Manager to temporarily employ and authorize
two (2) Water Conservation Officers or such additional personnel
as may be necessary for patrolling and issuing of citations to
water users in violation of restrictions and allocated conditions set
Honorable Mayor and City Council
Water Conservation Plan
June 7, 1999
Page 2
forth in the Plan. Additionally authorize the City Manager to
authorize the following employees for patrolling and issuing of
citations: Watershed Security Officers (2); Boat Inspectors (2);
Pump and Storage Operators (2); Utility Workers (2); other Water
Department employees as required.
Authorize the City Manager to take such further action and to
provide for such rules or regulations as may be necessary to
administer and/or implement the Water Conservation Plan.
Amend the Water Fund FY99/2000 budget and appropriate $100,000
from the Water Fund prior years' retained earnings into account 002-
056-2170-2055 - Purchased Water; $3,000 into account 002-056-2170-
1003 - Overtime Wages.
Authorize the Director of Finance to impose the water rates noted for in
the Plan should the reservoir level reach Condition 3 (30 feet) or
Condition 4 (42 feet) below spillway level.
Decrease the revenue estimate by $408,660 in Water Fund Account
002-056-1234-0905, Bulk Sales Roanoke County, for the estimated lost
revenue to reduce sale of water to Roanoke County of two and one-half
million gallons a day for up to 84 days.
Respectfully submitted,
Linda F. Wyatt, Chairperson
Water Resources Committee
LFW: KBK:afm
Attachment
CC~
William X Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Jesse H. Perdue, Jr., Water Department Manager
Elmer C. Hodge, Jr., Roanoke County Administrator
Randolph M. Smith, Salem City Manager
Report No. 99-343
DATE:
THRU:
.ay 17, 19j~
', Director, Utilities & Operations &
James D. Ritchie, Acting City Manager
TO: _ Members,_~/Vater Resources Committee
FROM: ~esse~.~ePe~Water Department Manager
SUBJECT: Water Conservation Plan
Background:
A. Rainfall for the period June through December 1998 was 60% below
normal.
II.
B. Carvins Cove Reservoir water level was down 21.2 feet on January
22, 1999, the second lowest level in history.
C. Rainfall from January through April is 11% below normal and not
sufficient to replenish the reservoir.
Current Situation:
Bo
Voluntary conservation was requested on April 5, 1999 at a reservoir
level of 18.0 feet below the spillway overflow, which is Condition 1
of the proposed plan, with a goal of 10% reduction.
Significant and prolonged rainfall is needed to raise the level of water
and/or fill the reservoir.
A plan of action is proposed for consideration should the level of
water in the reservoir continue to drop.
Carvins Cove Reservoir water level was down 18.5 feet on May 11,
1999.
Water supply emergency exists as the water level of the Carvins Cove
Reservoir has dropped below 18.0 feet; a limited water supply is
available; the level continues to drop due to lack of significant rainfall;
Members, Water Resources Committee
Water Conservation Plan
May 17, 1999
Page 2
long range weather forecast predicts hot, dry and below normal
precipitation.
III. Issues:
IV.
B.
C.
D.
E.
F.
G.
Critical levels
Action plan
Public awareness
Health and safety
Enforcement
Legal issues
Cost
Alternatives:
The Committee recommend the attached Water Conservation Plan
dated May 17, 1999 (Plan) to City Council for approval and that City
Council take the following actions:
(a)
City Council finds that a water supply emergency exists in the
City affecting the use of water in any area of the City and that
there is a need to control and restrict the use of water during
the emergency and that Council approve the attached Water
Conservation Plan dated May 17, 1999, including the
surcharges contained therein. It is also recommended that
Council declare that the water supply emergency will be lifted
when the Carvins Cove reservoir level reaches 10 feet below
the spillway or upon further action of Council.
(b)
Authorize the City Manager in accordance with the City of
Roanoke Charter (1952), Sections 2-(31) and (32), and
Virginia Code Section 15.2-924, to impose suitable penalties
for the violations of the Water Conservation Plan of not less
than One Hundred Dollars ($100.00) for residential users and
Members, Water Resources Committee
Water Conservation Plan
May 17, 1999
Page 3
Five Hundred Dollars ($500.00) for institutional, commercial,
industrial users. Each day of a violation shall be considered a
separate violation. Penalties assessed will be immediately
payable. Council further authorize the City Manager to provide
that failure to pay the penalty assessed and/or multiple
violations of the Water Conservation Plan may subject the
water user to immediate cut off of water service and service
will not be resumed until all bills, penalties, plus a $50.00 turn
on fee are paid.
(c)
Authorize the City Manager to temporarily employ and
authorize two (2) Water Conservation Officers or such
additional personnel as may be necessary for patrolling and
issuing of citations to water users in violation of restrictions
and allocated conditions set forth in the Plan. Additionally
authorize the City Manager to authorize the following
employees for patrolling and issuing of citations: Watershed
Security Officers (2); Boat Inspectors (2); Pump and Storage
Operators (2); Utility Workers (2); other Water Department
employees as required.
(d)
Authorize the City Manager to take such further action and to
provide for such rules or regulations as may be necessary to
administer and/or implement the Water Conservation Plan.
(e)
Amend the Water Fund FY 99/2000 budget and appropriate
$100,000 from the Water Fund prior years' retained earnings
into account 002-056-2170-2055 - Purchased Water; $3,000
into account 002-056-2170-1003 - Overtime Wages.
(f)
Authorize the Director of Finance to impose the water rates
noted for in the Plan should the reservoir level reach,
Condition 3 (30 feet) or Condition 4 (42 feet) below spillway
level.
(g)
Decrease the revenue estimate by $408,660 in Water Fund
Account 002-056-1234-0905, Bulk Sales Roanoke County, for
the estimated lost revenue to reduce sale of water to Roanoke
County of two and one-half million gallons a day for up to 84
days.
Members, Water Resources Committee
Water Conservation Plan
May 17, 1999
Page 4
Critical levels are established toward the end of ensuring
100 days of supply as a goal at all times, but certainly
no less than 30 days supply for health and safety
reasons.
Action plan is established.
Public awareness will be ongoing through the news
media, radio, and television for the duration of drought
conditions.
Health and safety is addressed as the first and final
concern. Fire suppression and personal health are
priority needs.
Enforcement is via surcharges for excessive water use
and the imposition of penalties for violation of Ordinance
on restrictive and allocated water usages and termination
of water service to water users for multiple violations of
the Plan.
Legal issues have been considered and are in accordance
with Section 15.2-924, Code of Virginia (1950), as
amended, water supply emergency ordinances and City
of Roanoke Charter (1952) Sections 2-(9), (31) and (32).
Cost of imposing and administering the plan varies
depending on the condition imposed by the action plan,
but is estimated at the following:
Twenty-two (22) feet below spillway level begin
purchasing water from City of Salem and reduce water
supplied to Roanoke County. Estimated cost per day of
$6,005.00 x 14 days -- $84,070.00 to level 24 feet.
Materials and labor to provide two (2) interconnect
stations with Roanoke County at 922,104.
Members, Water Resources Committee
Water Conservation Plan
May 17, 1999
Page 5
Condition 2 (24 feet below spillway) - Patrolling begins at
an estimated cost of $2,629 a month. Continue
purchasing available water from Salem and curtail water
sales to Roanoke County to the extent possible until the
water level fills to within 1§ feet below spillway level.
Condition 3 (30 feet below spillway) - Purchased water
to level 30 feet below spillway, estimated cost per day of
$6,005.00 x 42 days -- $252,210, at a rate of drop in
elevation of 1.0 foot per week.
Condition 4 (42 feet below spillway) - Purchased water
from 30 feet to 42 feet estimated cost per day of $6,005
x 84 days = $504,420 at a rate of drop of 1.0 foot per
week.
These costs include the following:
A. Purchased water from Salem and the
reduction of water sales to Roanoke County.
B. Brochures, handouts or special mailings
C. Additional personnel costs for: Patrolling
The Committee not recommend the attached plan for implementation.
1. Critical levels are not formally established.
2. Action plan is not established.
3. Public awareness will still need to be promoted but will not
have the impact needed.
Health and safety is assumed unless there is no water.
Enforcement is not an issue.
Members, Water Resources Committee
Water Conservation Plan
May 17, 1999
Page 6
6. Legal issues remain moot.
7. Cost is not a factor.
Recommendation - The Committee recommend Alternative "A" to City
Council for approval and that Council take the following action:
City Council finds that a water supply emergency exists in the City
affecting the use of water in any area of the City and that there is a
need to control and restrict the use of water during the emergency
and that Council approve the attached Water Conservation Plan dated
May 17, 1999, including the surcharges contained therein. That
Council declare that the water supply emergency will be lifted when
the Carvins Cove reservoir level reaches 10 feet below the spillway or
upon further action of Council.
Bm
Authorize the City Manager in accordance with the City of Roanoke
Charter (1952), Sections 2-(31) and (32), and Virginia Code Section
15.2-924, to impose suitable penalties for the violations of the Water
Conservation Plan of not less than One Hundred Dollars ($100.00) for
residential users and Five Hundred Dollars ($500.00) for
institutional/commercial/industrial users. Each day of a violation shall
be considered a separate violation. Penalties assessed will be
immediately payable. Council further authorize the City Manager to
provide that failure to pay the penalty assessed and/or multiple
violations of the Water Conservation Plan may subject the water user
to immediate cut off of water service and service will not be resumed
until all bills, penalties, plus a $50.00 turn on fee are paid.
Authorize the City Manager to temporarily employ and authorize two
(2) Water Conservation Officers or such additional personnel as may
be necessary for patrolling and issuing of citations to water users in
violation of restrictions and allocated conditions set forth in the Plan.
Additionally authorize the City Manager to authorize the following
employees for patrolling and issuing of citations: Watershed Security
Officers (2); Boat Inspectors (2); Pump and Storage Operators (2);
Utility Workers (2); other Water Department employees as required.
Members, Water Resources Committee
Water Conservation Plan
May 17, 1999
Page 7
Authorize the City Manager to take such further action and to provide
for such rules or regulations as may be necessary to administer and/or
implement the Water Conservation Plan.
Amend the Water Fund FY 99/2000 budget and appropriate
$100,000 from the Water Fund prior years' retained earnings into
account 002-056-2170-2055 - Purchased Water; $3,000 into
account 002-056-2170-1003 - Overtime Wages.
Authorize the Director of Finance to impose the water rates noted for
in the Plan should the reservoir level reach, Condition 3 (30 feet) or
Condition 4 (42 feet) below spillway level.
Decrease the revenue estimate by $408,660 in Water Fund Account
002-056-1234-0905, Bulk Sales Roanoke County, for the estimated
lost revenue to reduce sale of water to Roanoke County of two and
one-half million gallons a day for up to 84 days.
City of Roanoke
WATER CONSERVATION PLAN
May 17, 1999
II.
Purpose
Background
During the continued existence of climatic, hydrological and
other extraordinary conditions the protection of the health,
safety and welfare of the residents of the City of Roanoke may
require that certain uses of water, not essential to public
health, safety and welfare, be reduced, restricted or curtailed.
As the shortage of potable water becomes increasingly more
critical, conservation measures to reduce consumption or
curtail essential water use may be necessary. The plan is
intended to ensure that a dwindling water supply is conserved
and managed prudently to meet the City's needs at different
levels of water supply availability.
The City has three primary sources of supply with projected safe
yields as follows'
1. Carvins Cove - 20 million gallons per day;
2. Falling Creek/Beaver Dam - 1.5 million gallons per day;
3. Crystal Spring - 3.5 million gallons per day.
Safe Yield is defined as the maximum dependable draft that can be
made continuously on a source of water supply (surface or
groundwater) during a period of years during which the probable
driest period or period of greatest deficiency in water supply is likely
to occur. Dependability is relative and is a function of storage
provided and drought probability.
Current average withdrawal rates are as follows:
1. Carvins Cove - 15.0 million gallons per day
2. Falling Creek - 1.0 million gallons per day
3. Crystal - 3.5 million gallons per day.
Mode
1.
2.
of Operation
~ is utilized to its full capacity.
Falling Creek/Beaver Dam is utilized to the limit of our ability to
get the water to the City.
Carvins Cove is the major source used to provide all water
supply demands not met by the other two supplies and the
supply around which this plan is based.
Upon reaching 22 feet below spillway level at Carvins Cove and
continuing until the level rises to 15 feet below spillway level,
request up to two million gallons a day from the City of Salem,
if available, to supplement water treated from Carvins Cove at
a current cost of $1,140.00 a day per million gallons. Reduce
water supplied to Roanoke County for their usage by up to two
and one-half million gallons a day at a current cost of
$1,946.00 a day per million gallons in lost revenue to the City.
III.
Plan
Reservoir storage statistics for Carvins Cove:
1.
2.
Full reservoir elevation
Capacity _
Less evaporation (40" per year) and
Unusable bottom storage of .36 billion) -
Usable capacity - approximately
1,170 Feet
6.47 billion gal.
1.00 billion gal.
5.50 billion gal.
A full reservoir -- one year's supply for the entire water system
at current demand rates.
Establishment of critical levels of water volume stored in Carvins
Cove Reservoir identified in Exhibit A attached hereto and made a part
hereof.
2
18.0 feet below spillway level, 60% of usable supply remains -
level of unusual condition reflecting a level not usually
exceeded I per 10 years.
2. 24.0 feet below spillway level - 50% of usable supply remains.
3. 30 feet below spillway level - 43% of usable supply remains.
42 feet below spillway level, 17% of usable supply remains -
critical supply of 100 days of usable supply remaining at
current withdrawal rate of 15 million gallons per day.
53 feet below spillway level, 5% of usable supply remains -
crucial level of less than 30 days usable supply remaining at
current withdrawal rate of 15 million gallons per day.
Imposition of conditions of water allocation, conservation, restriction,
and penalties are set forth in Exhibit B attached hereto and are made
a part of this Plan.
Condition 1- Imposed and exists whenever the level of water in
(18 Feet) the Carvins Cove reservoir is 18.0 feet below
spillway overflow.
Twenty-Two (22) Feet
Request up to two million gallons a
day from the City of Salem, if
available, to supplement water treated
from Carvins Cove at a daily cost of
$1,140.00 per million gallons.
Reduce water supplied to Roanoke
County for their usage by up to two
and one-half million gallons a day at a
cost of $1,946.00 a day per million
gallons in lost revenue to the City.
Continue in this mode until the
reservoir level rises to within 15 'feet
below spillway level.
(24 feet)
Imposed and exists whenever the level of
water in the Carvins Cove reservoir is between 24
and 30 feet below spillway overflow. (Restrict
outside usage.)
3
Condition 3-
(30 feet)
Imposed and exists whenever the level of
water in the reservoir is between 30 feet and 42
feet below the Carvins Cove spillway overflow.
(Impose penalties for outside use and raise water
rates by surcharges.)
Condition 4-
(42 feet)
Imposed any time the level of water in the Carvins
Cove reservoir is between 42 feet and 53 feet
below the spillway overflow. (Raise water rates
even further by surcharges.)
Condition 5-
(53 feet)
Imposed any time the level of water in the Carvins
Cove reservoir is 53 feet or lower below the
spillway overflow·
The conservation, restrictions, allocations, and penalties provided for
in the Plan may be imposed on any water users or customers who are
defined as the person or entity in whose name the water account is
listed and may also include in appropriate circumstances the person or
entity in control of the property in question.
Penalties for violations of the water restrictions set forth in the Plan
may include one or more or any combination of the following'
Surcharges as set forth in the Plan or other ordinances or
resolutions of the City;
2. Citation or warning of a violation of the Plan;
o
Citation and assessment of a civil penalty against a water user
for a violation of the Plan or any rules or regulations pursuant
to the Plan when Condition 3, 4 or 5 is in effect in the amount
of One Hundred Dollars ($100.00) per day for residential users
and Five Hundred Dollars ($500.00) per day for
institutional/commercial/industrial users, with each day of a
violation constituting a separate violation.
Immediate cutting off or termination of water service for
multiple (more than one) violations of the Water Conservation
Plan and/or failure to pay any civil penalty assessed for
violation of the Plan.
Such other penalties or remedies as the City Manager may
deem necessary to administer the Plan, including but not
limited to injunctive relief or other appropriate legal
proceedings.
4
0.0 ~
EXHIBIT A
To Water Conservation Plan Dated May 17, 1999
CARVINS COVE RESERVOIR STORAGE
VS,
USAGE RESTRICTIONS
1999
FULL
18
Condition 1 (255 Day Supply)
60%
24
Condition 2 (Restrictions & Patrolling)
5O%
Feet
30
42
Condition 3 (Allocations, Penalties & Higher Rates)
Condition 4 (100 Day Supply & Even Higher Rates)
43%
17%
% of Usable
Supply Remaining
53
Condition 5 (30 Day Supply)
5%
60
Unusabl Storag,
O%
EXHIBIT B
To Water Conservation Plan Dated May 17, 1999
WATER CONSERVATION MEASURES
Conditions, Allocations, Restrictions, and Penalties
Condition 1' When the water level at Carvins Cove Reservoir reaches 18 feet
(18 feet) below the spillway, the water supply is below normal for the period
and sufficient but limited supplies of water are available, and the City
will call upon all water users to employ prudent restraint of water
usage and to voluntarily conserve 10% by whatever methods
available.
Twenty-Two (22) Feet-
Request up to two million gallons a day from the City of
Salem, if available, to supplement water treated from
Carvins Cove at a daily cost of $1,140.00 per million
gallons. Reduce water supplied to Roanoke County for
their usage by up to two and one-half million gallons a
day at a cost of $1,946.00 a day per million gallons in
lost revenue to the City. Continue in this mode until the
reservoir level rises to within 15 feet below spillway
level.
Condition 2: When the water level at Carvins Cove reaches 24 feet below the
(24 feet) spillway, very limited supplies of water are available, and the City
requires curtailment of non-essential usages of water including, but
not limited to the following:
The watering of shrubbery, trees, lawns, grass, plants, or any
other vegetation, except indoor plantings, greenhouse or
nursery stocks and except watering by commercial nurseries of
freshly planted plants upon planting and once a week for five
weeks following planting.
The washing of automobiles, trucks, trailers, boats, airplanes or
any other type of mobile equipment excepting in commercial
facilities operating with high pressure Iow consumption
equipment or operating with a water recycling system. The
City Manager may curtail the hours of operation of commercial
enterprises offering such services or washing their own
equipment.
The washing of streets, driveways, parking lots, service station
aprons, office buildings, exteriors of homes or apartments, or
other outdoor surfaces.
The operation of any ornamental fountain or other structure
making a similar use of water.
The filling of swimming pools, wading pools, and hot tubs or
the refilling of swimming pools, wading pools, and hot tubs
which were drained after the effective date of the order.
The use of water from fire hydrants for any purpose other than
fire suppression or other public emergency.
The serving of drinking water in restaurants, cafeterias or any
other food establishment unless requested by the individual.
All water customers within the City (residential, commercial,
institutional and industrial) are requested to voluntarily
conserve 20% of their consumption by whatever methods
available including but not limited to usages 1 through 7. If
customers do not participate in the voluntary conservation
program and the water supply continues to lower, at 30 feet
Condition 3 measures will be implemented to include penalty
surcharges on usage above an average consumption as
determined for quarterly billings of residential use and penalties
applied to nonessential usage referenced above.
Water Conservation Officers will patrol the City to warn citizens
against the use of prohibited practices and may issue citations
or warnings for such violations.
Condition 3: When the water level at Carvins Cove reaches 30 feet below the
(30 feet) spillway, critically limited supplies of water are available, and the City
requires mandatory water use reductions on all customers as follows:
All water customers (residential, industrial, institutional,
commercial, governmental, wholesale and all other
nonresidential customers) shall be required to reduce 25% in
water consumption. Such reduction shall be based on the
average consumption of 27,000 gallons (3,600 cubic feet) of
water usage per quarter. Exhibit C fee structure and cost
impact is attached as an example only for Conditions 3 and 4.
2
Impose civil penalties against a water user for violation of
water conservation rules or regulations or of the Plan as set
forth in Section III (D) of the Plan.
If the monthly and/or quarterly water usage as referenced
above is exceeded, the customer shall be charged in addition to
the regular rate the following charges:
91.87 per 750 gallons (100 cubic feet) of water
consumed above 2,100 cubic feet for a quarterly
customer. (Takes into consideration 600 cubic feet
included in base charge.)
91.87 per 750 gallons (100 cubic feet) of water
consumed above 700 cubic feet for a monthly customer.
(Takes into consideration 200 cubic feet included in base
charge.)
.Condition 4: When the water level at Carvins Cove reaches 42 feet below the
(42 feet) spillway, the City has less than 100 days of water supply available,
and the City requires a 50% reduction plan, applied the same way as
the 25% reduction plan in Condition 3 will be in effect. Usage
exceeding 50% shall be charged as follows:
92.50 per 750 gallons (100 cubic feet) of water consumed
above 1,200 cubic feet for a quarterly customer. (Takes into
consideration 600 cubic feet included in base charge.)
92.50 per 750 gallons (100 cubic feet) of water consumed
above 400 cubic feet for a monthly customer. (Takes into
consideration 200 cubic feet included in base charge.)
~: When the water level at Carvins Cove reaches 53 feet below the
(53 feet) spillway, only crucial supplies of water are available (30 day supply),
and the City shall restrict, by whatever means available, the use of
water to purposes which are absolutely essential to life, health and
safety. Restrictions imposed under previous conditions shall continue
to apply.
3
EXHIBIT C
To Water Conservation Plan Dated May 17,
Impact of Fee Structure for Conditions 3 and 4
1999
The average quarterly consumption rate has been estimated at 3,600 cubic feet per
quarter. I t~e monthly estimate is 1,200.
The following exa.mples are provided to illustrate the cost impact to the customer of
implementing suror~arges to prevent excessive use of water during our current water
supply emergency.
Low
1800
@25% '2100 (75% Avg.)
@50% * 1200 (50% Avg.)
· Allows for 600 cu. ft. Der quarter
Rate = $1.87/100 cu. ft. over 2,100 cu. ft.
-- $2.50/100 cu. ft. over 1,200 cu. ft.
Current $17.97
@25% $17.97
@50% $17.97
QUARTERL~Y
Average High
3600 7200
Quarterly Cost
$34.71 $68.19
$43.17 $110.49
$62.97 $152.97
MONTHLY
Low
600
@25% *700 (75 Avg.)
@50% *400 (50 Avg.)
*Allows for 200 cu. ft. per month
Rate = $1.87/100 cu. ft. over 700 cu. ft.
= $2.50/100 cu. ft. over 400 cu. ft.
Current $5.99
@25% $5.99
@50% $5.99
Average High
1200 2400
Mon~
$11.57 $22.73
$14.39 $36.83
$20.99 $50.9
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 10, 1999
File #24-54
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34298-060799 amending Chapter 6, Animals and
Fowl, Code of the City of Roanoke (1979), as amended, by adding new §6-11, Public
nuisance animal, 6-12, Duty of animal owners, 6-13, Cleaninq up after animals, and 6-27,
Limitations on keeping, and amending §§6-22, Definitions, 6-42.1, Licensing imposed,
6-43, When due and payable, and 6-45, Issuance, composition and contents of license;
the added and amended sections defining "public nuisance animal' and creating a Class
3 misdemeanor for keeping a public nuisance animal in the City, prescribing a duty of care
for animal owners, requiring owners to clean up after their animals, limiting to four the
number of dogs kept on residential property, providing new definitions of "dog", "domestic",
"farm" and "to run at large" or "running at large", and establishing new fees for licenses for
dogs and commercial kennels. The abovereferenced measure was adopted by the Council
of the City of Roanoke on first reading on Monday, May 17, 1999, also adopted by the
Council on second reading on Monday, June 7, 1999, and will be in full force and effect on
and after July 1, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
H:~AGENDA99'~dNT.WPD
James D. Ritchie, Sr.
June 10, 1999
Page 2
pcz
The Honorable
Virginia
The Honorable
The Honorable
Virginia
The Honorable
Virginia
The
The
The Honorable
The Honorable
The Honorable
The Honorable
Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
Honorable Julian H. Raney, Jr., Chief Judge, General District Court
George W. Harris, Jr., Judge, General District Court
Vincent A. Lilley, Judge, General District Court
William D. Broadhurst, Judge, General District Court
Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P O.
Box 2235, Tallahassee, Florida 32316
The Honorable David C. Anderson, City Treasurer
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
Ronald S. Albright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
Peggy B. Stewart, Office of the Magistrate
James D. Grisso, Director of Finance
Dana D. Long, Chief, Billings & Collections
Gerri K. Rorer, Tax Compliance Administrator
Donald Thorne, Executive Director, Roanoke Valley SPCA, 1354 8th Street, S. W.,
Roanoke, Virginia 24015
William X Parsons, Acting City Attorney
Kit B. Kiser, Director, Utilities and Operations
George C. Snead, Jr., Director, Public Safety
A. L. Gaskins, Chief of Police
Robert D. Shields, Major, Patrol Division, Police Department
Carl D. Allen, Animal Control Supervisor, Police Department
H:~AGENDA99~JN7 WPD
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34298-060799.
AN ORDINANCE amending Chapter 6, Animals and Fowl, Code of the City of
Roanoke (1979), as amended, by adding new § § 6-11, Public nuisance animal, 6-12, Du_ty of
animal owners., 6-13, Cleaning up after animals, and 6-27, Limitations on keeping, and
amending § §6-22, Definitions, 6-42.1, Licensing imposed, 6-43, When due and payable, and
6-45, Issuance, composition and contents of license; the added and amended sections
defining "public nuisance animal" and creating a Class 3 misdemeanor for keeping a public
nuisance animal in the City, prescribing a duty of care for animal owners, requiring owners
to clean up after their animals, limiting to four the number of dogs kept on residential
property, providing new definitions of "dog", "domestic", "farm" and "to run at large" or
"running at large", and establishing new fees for licenses for dogs and commercial kennels;
and providing for an effective date of July 1, 1999.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as
amended, is amended and reordained by the addition of the following new § 86-11, Public
nuisance animal., 6-12, Du_ty of animal owners, 6-13, Cleaning up after animals, and 6-27,
Limitations on keeping, such new sections to read and provide as follows:
§6-11. Public nuisance animal.
(a)
A public nuisance animal shall mean and include any animal or animals
that:
(1)
is observed to run at large, as defined by §6-22, two or
more times in any six month period;
(2)
excessively makes disturbing noises including, but not
limited to, continued or repeated howling, barking,
whining, or other utterances causing unreasonable
annoyance, disturbance or discomfort to neighbors or
others in close proximity to the premises where the
animal is kept or harbored;
(3)
creates unsanitary conditions or offensive and
objectionable odors in enclosures or surroundings where
the animal is kept and thereby creates unreasonable
annoyance or discomfort to neighbors or others in close
proximity to the premises where the animal is kept;
(4)
is offensive or dangerous to the public health, safety or
welfare by virtue of the number or types of animals
maintained; or
(5)
an animal which is not being kept in comformity with
city zoning ordinances.
(b)
No person shall keep, harbor, act as the custodian of or permit to
remain in or about any premises occupied by him any public nuisance
animal, and violation of this section shall constitute a class 3
misdemeanor. In addition, any violation of this section is hereby
declared a public nuisance, and any person suffering injury or damage
therefrom may seek correction, removal or abatement of such public
nuisance through appropriate suit in equity. Any public nuisance
animal, as defined by subsection (a) of this section, may be impounded.
-2-
(c)
This section shall have no application to dangerous and vicious dogs
which are regulated by Division 3 of this Article.
{}6-12. Duty_ of animal owners.
It shall be the duty of the owner, as defined by §6-22 of this chapter, of
any animal to exercise reasonable care and take all necessary steps and
precautions to protect other persons, property and animals from injuries or
damage which might result from his animal's behavior. If the owner or
custodian of any animal is a minor, the parent or guardian of such minor shall
be responsible to ensure that all provisions of this section are complied with.
{}6-13. Cleaning up after animals.
Any person who is the owner, as defined by §6-22 of this chapter, of
any animal shall promptly remove and properly dispose of all feces left by
such animal on any public property or on any private property not owned by
such person or not lawfully occupied by such person.
{}6-27. Limitations on keepine.
(a) No person shall keep or harbor, have in his care, act as the
custodian of, permit to remain on or about premises occupied by him or
otherwise be the owner of more than four (4) dogs on any parcel of real
property zoned for residential use (RS- 1, RS-2, RS-3, RM- 1, RM-2, RM-3 and
RM-4, pursuant to Chapter 36.1 of this Code) or used for residential purposes.
(b) This section shall have no application to:
(1) Dogs under the age of four (4) months;
(2)
Dogs kept on any parcel of real property zoned
RA, Residential Agricultural District, pursuant to
Chapter 36.1 of this Code;
(3) Dogs kept on any farm; or
(4)
Dogs kept at a veterinary hospital, or laboratory
for the purpose of study, observation or medical
research provided that any veterinary hospital, or
-3-
any such laboratory shall comply with Chapters
19, License Tax Code, and 36.1, Zoning, of this
Code.
(c) Violation of this section shall constitute a Class 4
misdemeanor.
2. Sections 6-22, Definitions, 6-42.1, Licensing imposed, 6-43, When due and
payable, and 6-45, Issuance, composition and contents of license, of Chapter 6, Animals and
fowl., are amended and reordained as follows:
§6-22. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meaning ascribed to them in this section, except where the context
clearly indicates a different meaning:
Dog: A carnivorous domestic mammal of the family Canidae, including
hybrids and crosses within this family.
Domestic: Those species of animals that normally and customarily share a
human habitat or which are dependent on humans for food and shelter,
including, but not limited to, dogs, cats, cattle, horses, sheep and goats.
Farm: Any parcel of land three (3) acres in size or larger, regardless of
zoning, devoted to production for sale of plants or animals or to production for
sale of plant or animal products useful to man.
To run at large or running at large: A dog shall be deemed to run at large or
to be running at large while off the property of its owner or custodian unless
such dog is under direct physical restraint by a leash, cage or similar effective
device which restrains and controls the dog or is securely confined within a
motor vehicle or securely confined by a fence or other secure enclosure. If the
LT t \MIAS~S\O. OIdOg. 3 4 9 9 -4-
secure enclosure is an effective, working invisible fence, then there shall be a
visible, permanent sign upon the premises stating that there is an invisible
fence. Exempted from this definition shall be dogs that are participating in
organized obedience training, training classes, field trials or shows sponsored
by recognized kennel clubs; dogs that are participating in search and rescue
operations carried out in conjunction with any governmental public safety
agency; dogs that are participating in pet therapy programs in hospitals,
hospices, clinics, nursing homes, elderly facilities and similar institutional
facilities; dogs that are being trained as service dogs by a certified service dog
trainer; and dogs that are being employed by law enforcement agencies in law
enforcement operations.
§6-42.1 Licensing imposed.
(a) An annual license fee is hereby imposed on dogs required to be
licensed under this Division in the following amounts:
(1) Each male or female dog ....................... $10.00
(2) Each sterilized dog ............................ $ 5.00
(3)
Any commercial kennel for ten (10) or
less dogs for which a valid business
license exists ................................. $50.00
(4)
Any commercial kennel for twenty (20) or
less dogs for which a valid business
license exists ................................ $100.00
(5)
Any commercial kennel for thirty (30) or
less dogs for which a valid business
license exists ................................ $150.00
(6)
Any commercial kennel for forty (40) or
less dogs for which a valid business
license exists ................................ $200.00
Ht\I(RASURBS\O-aBdOg.3499 '5-
(7)
Any commercial kennel for fifty (50) or
less dogs for which a valid business
license exists ................................ $250.00
(8)
Any dog declared dangerous by any
general district court or circuit court of the
commonwealth (in addition to the
applicable fee under (1) or (2) above) ............. $50.00
(b) The owner of a dog may purchase a three-year license as long as
the three-year license period does not exceed the period that the rabies
inoculation is effective for the particular dog as certified by a veterinarian.
The three-year license fees shall be as follows:
(1) Each male or female dog ....................... $25.00
(2) Each sterilized dog ............................ $10.00
(c) No kennel for more than fifty (50) dogs shall be licensed or
permitted in the city. No kennel license shall be issued unless the applicant for
such license presents a valid business license issued by the commissioner of
revenue for such kennel operation.
(d) No license fee shall be levied under this section on any dog that is
trained and serves as a guide dog for a blind person, that is trained and serves
as hearing dog for a deaf or hearing impaired person, or that is trained and
serves as a service dog for a mobility-impaired person. As used in this section,
"hearing dog" means a dog trained to alert its owner by touch to sounds of
danger and sounds to which the owner should respond, and "service dog"
means a dog trained to accompany its owner for the purpose of carrying items,
retrieving objects, pulling a wheelchair or other such activities of service or
support.
§6-43. When fee due and payable.
The license fee imposed on dogs by sections 6-42 and 6-42.1 shall be
due and payable as follows:
On or before January 1 of each year, the owner of any
dog four (4) months old or older shall pay such fee.
Application for a dog license shall be filed, accompanied
by the prescribed license fee, between November 1 and
December 31 of the preceding calendar year.
(2)
If a dog shall become four (4) months of age or come
into the possession of any person between January 1 and
October 31, inclusive, of any year, the license fee for the
current calendar year shall be paid within thirty (30) days
by the owner.
(3)
If a dog shall become four (4) months of age or come
into the possession of any person between November 1
and December 31 of any year, the license fee for the
succeeding calendar year shall be paid within thirty (30)
days by the owner, and such license shall protect such
dog from the date of purchase.
(4)
In the case of a three (3) year license issued pursuant to
§6-42.1(b), the application shall be filed and the
prescribed fee paid between November 1 and December
31 for the succeeding license period of three (3)
consecutive calendar years.
Sec. 6-45. Issuance, composition and contents of license.
(a) Upon receipt of a proper application and the
prescribed license fee, the city treasurer shall issue a dog
license; provided, that no such license shall be issued for any
dog, unless there is presented to the city treasurer evidence
satisfactory to the treasurer that the owner has complied with
section 6-62 with respect to such dog.
(b) Each dog license shall consist of a license tax receipt
and a metal tag. Such receipt shall have recorded thereon the
amount of the tax paid, the name and address of the owner or
custodian of the dog, the date of payment, the year for which the
license is issued, the serial number of the tag, and whether the
license is for a sterilized or unsterilized dog or for a kennel. The
metal tag issued hereunder shall be stamped or otherwise
permanently marked to show the name of the city, the whether
o
the dog is sterilized or unsterilized, and the calendar year for
which issued and shall bear a serial number.
This ordinance shall be in full force and effect on and after July 1, 1999.
ATTEST:
City Clerk.
H t \JiL~SURES \o - a.udog. 3499 -8-
May 17, 1999
Council Report No. 99-410
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject: Revisions to the Dog Ordinance in the City Code
I. BACKGROUND
Documented citizen concern and complaints about dogs running without a
leash, dogs defecating on public and private property, and dogs disturbing
their neighbor's ability to enjoy their own property, have been made to the
Animal Control Unit, the Citizens Service Center, the City Manager's
Office, the Roanoke Neighborhood Partnership, and other offices
responding to citizens' concerns.
Bo
September 1997, representatives from several city departments began
having meetings to define problems and issues related to dogs. The
Police Department, City Attorney, Commonwealth's Attorney, City
Manager's office, Animal Control, Zoning and Neighborhood Partnership
were all represented. In addition, Dr. S. A. Eichelberger, D.V.M., was
invited to represent the practitioners of veterinary medicine.
After several meetings with neighborhood organizations, the
Neighborhood Presidents' Council and various other groups, including
Roanoke Kennel Club, the Star City Canine Club, the SPCA, a draft
ordinance was written in October 1998, which addressed the many issues
pertaining to changes in Chapter 6, Animals and Fowl, Code of the City of
Roanoke, 1979.
II.
CURRENT SITUATION
A. The Animal Control Unit, the Police Department, and other city offices
continue to receive numerous complaints from citizens regarding public
III.
IV.
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 2
May 17, 1999
safety, and the health and welfare of citizens as it pertains to the
inconsistency of the current dog ordinance.
The Virginia State Code has changed to mandate that animals must be
vaccinated by four (4) months of age instead of six (6) months; and, that
the animal's gender does not have to be specified on the certificate. This
is in agreement with local Treasurers across the State, because it
simplifies the tracking of the animal's vaccination records.
An advertised public meetin9 was held at Fitzpatrick Hall November 30,
1998, with more than seventy (70) citizens participating. Their
suggestions were incorporated into the proposed ordinance, and have
since been approved by the various organizations and citizens who have
expressed an interest in an ordinance pertaining to dogs.
The issues in the proposed ordinance highlighted the following: number of
dogs allowed per household in a residential area, a "leash law," the "fecal
cleanup law," and the public nuisance issues. These and other issues
have resulted in agreeable revisions to the ordinance between the city
and its citizens. Included are copies of letters from various organizations
approving the revisions to this ordinance.
ISSUES
A. Legal.
B. Cost.
C. Enforcement.
ALTERNATIVES
Amend the City Code by adoption of the proposed ordinance to include
the following:
"Public nuisance animal" defined. It is a class 3 misdemeanor (up
to $500.00 fine) to keep a public nuisance animal in the city, and
the animal may be impounded. In addition, any person injured or
damaged by a public nuisance animal may seek injunctive relief.
{}6-11.
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 3
May 17, 1999
Duty of animal owners to protect other persons, animals and
property from injury or damage resulting from their animal's
behavior is codified. {}6-12.
Definition of "dog" is broadened to include hybrids and crosses.
{}6-22.
Definition of "to run at large or running at large" is amended so that
dogs under voice or hand control will violate {}6-23 prohibiting
owners from allowing a dog to run at large. This is a class 4
misdemeanor (up to $250.00 fine.)
Dogs kept on residentially zoned property or property used for
residential purposes are limited to four (4) dogs. {}6-27.
Owners are required to remove feces deposited by their animals on
public property or on private property without permission. Violation
is a class 4 misdemeanor (up to $250.00 fine.) {}6-29.
Distinction between male and female dogs is abandoned for
purposes of license fees. {}6-42. l(a).
Annual license fee-~ for unsterilized dogs are set at $10.00 (highest
permitted by State Code) and $5.00 for sterilized dogs. {}6-42. l(a).
License fee for commercial kennels is increased in $50.00
increments up to a kennel for fifty (50) dogs. {}6-42. l(a).
Provision is made for three-year dog licenses at discounted rates -
$25.00 unsterilized and $10.00 sterilized. {}6-42. l(b).
Service dogs, guide dogs and hearing dogs are exempted from
license fees. {}6-42. l(d).
One who becomes the owner of a dog must obtain a license within
30 days. {}6-43.
Licenses will be required for dogs four (4) months of age or older
(currently 6 months.) {}6-43.
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 4
May 17, 1999
Licenses will no longer state the sex of a dog, but will state whether
sterilized or unsterilized. §6-45(b).
Legal - City Council is authorized to approve revisions to the City
Code.
Cost - Additional materials, equipment, or personnel related to
enforcement of these revisions will be absorbed in the current
budget.
Enforcement
Animal Control personnel and. when appropriate, Police
Department personnel would be responsible for enforcement
of the Dog Ordinance.
Animal Control and the Police Department would assume
responsibility for enforcement when departments, such as
Zoning and Animal Control, overlap, thereby reducing
confusion as to enforcement responsibility.
Do not amend the City Code
1. Legality is not an issue.
2. Cost is not an issue.
Enforcement would remain the same. The current ordinance is
confusing for enforcement agencies when jurisdictions overlap. In
addition, Zoning is unable to adequately enforce certain kennel
laws. This results in increased confusion and dissatisfaction to
those citizens seeking assistance.
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 5
May 17, 1999
V. RECOMMENDATION
City Council concur with Alternative A, by amending and reordaining Chapter 6,
Code of the City of Roanoke, Animals and Fowl, as outlined in Section IV.A of
this report. Also, authorize Director of Finance to update the city's fee
compendium as this ordinance indicates.
Respectfully submitted,
Acting City Manager
WRH/hw
CC:
City Attorney
Finance Director
City Clerk
Director of Public Safety
Police Chief
Major, Patrol Division
Animal Control Supervisor
Donald Thorne, Executive Director, SPCA
Commonwealth SearCh" a Rescue
Mayor David A. Bowers March 23, 1999
BOARD OF DIRECTORS:
Ken Adams
President
540-930-1530
Roger Mamum
Vice President
$40-343-5037
Chris Laing
Secretary
540- ~44-2265
215 Church Avenue, SW
Room 452, Municipal Building
Roanoke, Virginia 24011
Dear Mayor Bowers and Roanoke City Council,
Commonwealth Search and Rescue would like to express support for the changes in
the most recent Dog Ordinances. We appreciate the concessions made in Amendment 4
for training dogs and the revision to Amendment 5 allowing 4 dogs per household
without sterilization. As stated at the Roanoke City Council meeting, Amendment 4t
and 52 will have a significant impact on Air Scent Search Dogs and their training.
Theresa Huffman
Trea. furer
540-961-$287
John Huffman
Op~raJio~ O.~cer
540-961.5287
Marc Stewart
Training Officer
540-947-2518
The City Council's willingness to take into account the concerns of professional
organizations and make revisions are greatly appreciated. Commonwealth Search and
Rescue supports the revised ordinances in the hope they will be passed into law.
(~erety~
Michelle FisherPoff, Canine Training Director
Commonwealth Seamh and Rescue
P.O. Box 568
Daleville, Virginia
24083-0568
Amendment 4, running at large, will negatively impact Search and Rescue Dogs training and working in Roanoke
City. Ail Air Scent Search Dogs work the air cun'ante for human scent making it necessary for them to range ahead
o! the handler. Air Scent Search dogs work off lead and therefore must be trained off lead. Because the Air Scent
Search Dog Is working air curt'ants for scent it is not necessary to have a daflni~e track to start the dog searching.
This la why Air Scent Search Dogs are usually one of the flint resources to be called upon. An example of this was
the recent saamh for bodies at a burnt apartment bullring in downtown Roanoke, Teresa MacPherson of Catlett,
VA responded with her Nr .Scent Search Dog. If this amendment had been in effect Air Scent Search Dog Teams
would not have bean able to respond. This proposed amendment not only impacts CSAR but also any other
Search Dog Teams that may be called upon from other parts of Virginia for an emergency in Roanoke City.
Amendment 5, limiting a household to 2 unsterilized or 4 sterilized dogs, will negatively impact Search and Rescue
Oog Team& It takes at least two years of intensive training to reach the standards of perfo~nance required for
certification with the Commonwealth of Virginia Depadm®nt of Emergency Services. Typically an Air Scent Search
Dog will need to be retired betnveen the ages of 8 and 10 years old. Because it takes 2 years to train an Air Scent
Search Dog, the handler will start training a new dog at least 2 years before retiring the current working dog. Often
there will be more than one hander par household. Relirement is not euthanasia. These dogs oontinua to live in
the handler's home. Amendment 5 will limit the~e households in sterling new dogs, The handler may want offspring
from their current working lines, Amendment 5 ram(wes the option to breed olfap~fog in multiple Air Scent Search
Dog homes.
The Commonwealth of Virginia Depa~'nent of Emergency Services mandates, du~ing the course of a Search and
Rescue mission, ail laws are to be abided,
Star City Canine Club
Kaffa Shank, President · ,4rtie Moore, Vice-President
Patti Campbell. Secretary · Richard Ericson, Treasurer
Mailing_ ~ddr~s.~: Post Oftlc~ Box 20366. Rnannk~. F,4 24018 · [540) 3,1,[-765!
March 24, 1999
Mayor David A. Bowers and Roanoke City Council Members
City of Roanoke
215 Church Avenue, SW
Roanoke, VA 24011
Dear Mayor Bowers and Council Members:
The Star City Canine Club appreciates the oppommity to work with the City on improving the
local laws affecting dog ownership. Our club promotes responsible dog ownership through
example and education. Enforcing nuisance laws and clean-up laws puts accountability where it
belongs...with the pet owner.
· We were glad to be included in the process with City represematives who were willing to consider
our input and incorporate many of our suggestions to develop the best dog ordinance possible
aimed at improving the quality of life in our community. We fully endorse the proposed dog
ordinance changes and recommend that City Council enact the ordinance into law.
Sincerely,
"Dog Training & Events for Fun & Competition"
Advancing the interest of dogs and fanciers since 1971
Vice l)residont Rocordin~ Socretar~ Cowospondin~ Soe,
Ll~d nm~n~ Kay nlalr 1-~,., Vi~inia ~mnk
1261D~da Borrow I~A I/H4 ,q~ah bout=od l~A 101 $ S¢~h C, oll~ Ave.
~phU~, VA 244~2 s~ VA ~i~ ~ VA Z2~
(~)~0~ (~{~S (~0~
(?~)~4~0
Lee D. Fitzgerald
P. O. Box 104
Fincastle, VA 24090
March 20, 1999
The Honorable David Bower
Mayor of The City of Roanoke, Virginia
City Hall
Roanoke, VA
Dear Mayor Bower:
I am writing to you as the Roanoke Kennel Club's delegate to the
Virginia Federation of Dog Clubs & Breeders (VFDC&B) and co-chair
of. the VFDC&B Legislative Committee. I was delighted to be part of
the' committee working on the proposed changes to the City's
Companion Animal ordinances and do give my support to these
changes, as now written.
VFDC&B is always interested in any measures that will make the
dog-owning public more aware of their duties and obligations when
they assume the responsibility for bringing a pet into their home.
These measures definitely seem to be a step in that direction.
Good pet owners make good neighbors.
S' erel , -.~ /
L~i si ~til*~;zg~roalmdmi ~ee '
Billie Kerfoot
Secretary, Roanoke Kennel Club
2787 Jeters Chapel Road
Vinton, Virginia 24179
Dolores C. Daniels
Assistant to the City Manager For Community Relations
City of Roanoke, Virginia
Dear Ms. Daniels,
I would like to take this opportunity to thank you for taking the time to listen to
the suggestions from both the Roanoke Kennel Club and Star City Canine Club in
regard to the proposed dog ordinance amendments. We know that owning dogs carries
responsibility, and that certain laws must be passed to ensure that these responsibilities
are met. We appreciate that the Roanoke City Council is willing to listen to the
suggestions brought forth by the local canine clubs. Government is best served when
the people have a voice in making its laws.
As we stated at the last meeting with you, the members of the Roanoke Kennel
Club are willing to do what we can to help in educating the public and promoting
responsible dog ownership.
Again, we appreciate your efforts in working with the two clubs.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 14, 1999
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
Ordinance No. 34202 authorizing acceptance of a donation and conveyance of certain property
identified by Roanoke City Tax No. 2022611, located on McDowell Avenue, N. W., to the City from
the Roanoke Redevelopment and Housing Authority for construction of a new sign at the
entranceway of Historic Crainsboro District, and authori=ing preparation of appropriate documents,
upon certain terms and conditions, was before the Council of the City of Roanoke for its second
reading on Monday, June 7, 1999.
On motion, duly seconded and unanimously adopted, action on Ordinance No. 34202 was tabled
pending appropriate discussions with representatives of Historic Gainsboro.
Sincerely,
Mary F. Parker~ CMC/AAE
City Clerk
MFP:lo
Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016
Sonji KraCz, Homeownership Coordinator, City of Roanoke Redevelopment and Housing
Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Charles M. Huffine, City Engineer
Sherman M. SWvall, Acting Budget Administrator, Office of Management and Budget
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Sarah E. Fitton, Engineering Coordinator
Robert K. Bengtson, Traffic Engineer
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 10,1999
File #51
SANDRA H. EAKIN
Deputy City Clerk
Mr. James L. Walker
514 Elm Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Walker:
I am enclosing copy of Ordinance No. 34304-060799 rezoning a tract of land located at
1805 Orange Avenue, N. W., described as Lot 15, Block 65, Melrose Land Map, Official
Tax No. 2321415, from C-2, General Commercial District, to C-1, Office District, pursuant
to the First Amended Petition filed in the City Clerk's Office on January 27, 1999. The
abovereferenced measure was adopted by the Council of the City of Roanoke,on first
reading on Monday, May 17, 1999, also adopted by the Council on second reading on
Monday, June 7, 1999, and will be in full force and effect ten days following the date of its
second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
Trustees, Faith and Hope Church of God in Christ, 1802 Orange Avenue, N. W.,
Roanoke, Virginia 24017
Mr. Woody D. White, P. O. Box 12405, Roanoke, Virginia 24025
City of Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke,
Virginia 24017
Barbara N. Durek, Chair, City Planning Commission, 2607 Rosalind Avenue, S. W.,
Roanoke, Virginia 24014
James D. Ritchie, Sr., Acting City Manager
William X Parsons, Acting City Attorney
Steven J. Talevi, Assistant City Attorney
Willard N. Claytor, Director, Real Estate Valuation
Kit B. Kiser, Director, Utilities and Operations
Mr. James L. Walker
June 10, 1999
Page 2
pc:
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Ronald L. Smith, Acting Building Commissioner
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
A:'~RYN7 WPD
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34304-060799.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 232, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City.
WHEREAS, James L. Walker has made application to the Council of the City of
Roanoke to have the hereinafter described property rezoned from C-2, General Commercial
District, to C-1, Office District; 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 heating was held by City Council on said application at its
meeting on May 17, 1999, 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 Council, after considering the aforesaid application, the
recommendation made to the Council by the' Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public heating, 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. 232 of the Sectional 1976
Zone Map, City of Roanoke, be amended in the following particular and no other:
Property located at 1805 Orange Avenue, N.W., and designated on Sheet No. 232 of
the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2321415, be, and is
hereby rezoned from C-2, General Commercial District, to C-1 Office District, pursuant to
the First Amended Petition filed in the Office of the City Clerk on January 27, 1999, and that
Sheet No. 232 of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
H:\ORD- REZ\O-WALKER
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
May 17, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from James L. Walker, represented by William W. Ward, Real
Estate Broker, that property located at 1805 Orange Avenue, N.W., and
designated as Official Tax No. 2321415, be rezoned from C-2, General
Commercial District to C-l, Office District.
I. Background:
A. Existing property was rezoned to C-2, General Commercial District in 1975.
Bo
Property is currently a residential structure that has been used for a retail business
on the first floor and a residence on the second floor. The business has not been
operational for some time.
II. Current Situation:
mo
Petition to rezone the property from C-2, General Commercial to C-I, Office
District was filed on January 5, 1999. Amended petition to clarify the request was
filed on January 26, 1999.
Purpose of the rezoning request is to permit the development of offices or
multiple residential units. It is our understanding that the property owner
currently desires to sell the subject property for the purposes of developing it into
two residential dwelling units. Under the current C-2 zoning, the first floor
cannot be used for residential purposes.
First Planning Commission public heating was held on February 3, 1999. Mr.
William Ward, agent, presented the rezoning request. Ms. Estelle McCadden,
President of the Melrose Rugby Neighborhood Forum, advised that the
neighborhood had just recently been notified of the rezoning request and had
several questions and concerns regarding use and parking for the property. After
some discussion, the Planning Commission, with concurrence of the petitioner,
deferred action on the request until their next meeting in order to allow the
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
Members of Council
Page 2
applicant time to discuss issues with the neighborhood. Ms. McCadden invited
the applicants to attend their next neighborhood meeting on February 23, 199, at
6:30 p.m.
Do
Planning staff attended neighborhood meeting on February 23, 1999, to explain
the proposed rezoning. The petitioner was not present or represented. After
discussion of the request, neighborhood residents still had questions about the
future use of the property, but generally were supportive of a less intensive zoning
that promoted residential development.
Eo
Second Planning Commission hearing was held on March 3rd. Neither the
petitioner nor his agent were in attendance. Estelle McCadden, President of the
Melrose-Rugby Neighborhood Forum was in attendance and stated that staff had
answered the questions the neighborhood had raised relative to parking and other
issues. She noted that the applicant and/or his agent had not attended the
neighborhood meeting, as requested, nor had she heard from either of them. Due
to the fact that the petitioner was not present, the Commission voted to continue
the matter until their April 7th meeting.
Third Planning Commission public hearing was held on April 7th. Both Mr.
Walker and his agent, Mr. Ward were present and requested favorable
consideration of the request. He said that he had spoken by phone with Ms.
McCadden and she approved of the request.
III. Issues:
mo
Bo
Co
Do
Zoning is presently C-2. There are no conditions associated with the current
zoning.
Land use is presently a residential structure which has been used in the past for a
small retail operation and a residential dwelling unit. Adjacent land uses also are
residential structures that are used for residential or low intensity commercial
purposes. A florist shop with parking is located next door.
Property access and parking would be limited to the rear of the property from the
alley.
Neighborhood organization for this area is the Melrose-Rugby Neighborhood
Forum.
Comprehensive Plan recommends:
Changes in zoning and land use should be carefully considered to ensure
compatibility with adjacent land uses and compliance with sound planning
Members of Council
Page 3
and development principles.
Neighborhood character and environmental quality should be protected.
Possible changes in land use or new public and private development in or
near residential areas should be carefully evaluated and designed to
conserve and enhance neighborhood quality.
o
Development of new or existing commercial and industrial areas in the
city should be carefully planned and designed to promote quality
development and good land use.
III. Alternatives:
A. City Council approve the rezoning request.
Zoning is changed from C-2, General Commercial (unconditional) to C-1,
Office (unconditional).
Land use is more in keeping with the existing residential structure and
surrounding neighborhood land uses.
o
Property access and parking would be limited to the rear of the building.
A comprehensive development plan will be required prior to the issuance
of a building permit for development of the additional dwelling unit.
Improvements to the alley and provision of surfaced parking in the rear in
accordance with city regulations would be required.
Neighborhood organization has discussed this request with property
owner. They are supportive of the change in zoning to C-1.
5. Comprehensive Plan could be followed.
B. City Council deny the rezoning request.
1. Zoning would remain C-2, General Commercial (unconditional).
Land use provisions in C-2 restrict the development of the first floor of
this structure to a commercial use (residential uses are limited to above the
first floor).
3. Access and parking still may be issues, depending on the future use,.
Neighborhood organization still may be able to comment on development
of the property, depending on the use proposed and permits required.
Members of Council
Page 4
5. Comprehensive Plan could be followed.
V. Recommendation:
The Planning Commission, by a vote of 7-0, recommended approval of this rezoning
request. Changing the zoning from C-2, General Commercial (unconditional), to C-l,
Office District (unconditional), provides a more compatible development use for the
subject property. Any future change of use for the residential structure will require
zoning and development approvals to ensure appropriate access and parking.
Respectfully submitted,
Barbara N. Duerk, Chairman
Roanoke City Planning Commission
cc;
Steven J. Talevi, Assistant City Attorney
James J. Walker, Property Owner
William W. Ward, Real Estate Broker
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
Barbara N. Duerk, Char
City Planning Commission
2607 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Duerk:
January 28, 1999
File #51
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a First Amended Petition from James J. Walker requesting that a
tract of land located at 1805 Orange Avenue, N. W., described as Lot 15, Block 65,
Melrose Land Company Map, Official Tax No. 2321415, be rezoned from C-2, General
Commercial District, to C-1, Office District.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Evelyn S. Lander, Acting Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Marlha P. Franklin' Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
FIRST AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
'99
Rezoning of a tract of land identified as Lot 15, Block 65, Melrose Land Company,
more specifically identified as 1805 Orange Avenue, N.W., Official Tax No.
2321415 from C-2, General Commercial District to C-1, Office District
TO THE HONORABLE MAYOR AND THE COUNCIL OF THE CITY OF ROANOKE:
The petitioner, James J. Walker, owns land in the City of Roanoke which is 50 feet wide and
130 feet deep, located at 1805 Orange Avenue, N.W., Official Tax No. 2321415. Said tract is currently
zoned C-2, General Commercial 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 said property be rezoned from C-2, General Commercial District to C-1, Office District.
The petitioner proposes to use the property for office or two-family use.
Attached as Exhibit B are the names, addresses, and tax numbers of the owners of all lots or
property immediately adjacent to the property requested to be rezoned. A concept plan is attached as
Exhibit C.
The petitioner believes the rezoning of said tract of land will further the intent and purposes of
the City's zoning ordinance and its comprehensive plan in that reuse of the property for office or two-
family use will be of greater value to the City and the property owner.
Wherefore, the petitioner requests that the above described property be rezoned as requested in
accordance with the provisions of the zoning ordinance of the City of Roanoke, Virginia.
Respectfully submitted this 26m day of January, 1999.
.._ s.J. Walk~r, OJvner
~anEol~ne ,A~'eA~4_~01 ~ W.
William W. Ward, Agent
Real Estate Broker
5433 Williamson Road
EXHIBIT B
Tax No.
2322106
2322107
2322108
Owner's Name and Address
Trustees Faith and Hope Church ofGodinChrist
1802Orange Avenue, NW
Roanoke, VA24017
2321408
2321416
2321414
2321406
City of Roanoke Redevelopment and Housing Authority
P. O. Box 6359
Roanoke, VA 24017
Petitioner
Woody D. White
P. O. Box 12405
Roanoke, VA24025
EXHIBIT
Ad Number: 1133491
Publisher's Fee: $121.72
JAMES L. WALKER
514 ELM AVENUE, S.W.
ROANOKE, VA 24016
The Roanoke Times
STATE of VIRGINIA
CITY of ROANOKE
AFFIDAVIT of PUBLICATION
I, {the undersigned) an authorized
representative of the Times-World Cor-
poration, 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:
04/29/99 FULL RUN - Thursday
05/06/99 FULL RUN - Thursday
05/06/99 FULL RUN - Thursday
Witness, this 10th day of May 1999
Authorized Signature
NOTRE O~ FUBU~ HEANMe
TO IMIOM iT MAY C~I~N:
Omnis Amnue. N.W., end
beer~nl Offlol~l Tex No.
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, May 17, 1999, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215
Church Avenue, S.W., on the question ofrezoning from C-2, General Commercial District,
to C-1, Office District, the following property:
That property located at 1805 Orange Avenue, N.W., and bearing Official Tax
No. 2321415.
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 April ,1999.
Mary F. Parker, City Clerk.
H:'~NOTICh'INR.- WALK7~
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 27, 1999
File #51
Mr. James L. Walker
514 Elm Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Walker:
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, May 17, 1999, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor,
Municipal Building, 215 Church Avenue, S. W., on your request that property located at 1805
Orange Avenue N. W., Official Tax No. 2321415, be rezoned from C-2, General Commercial
District, to C-1, Office District.
For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a
report of the City Planning Commission with regard to the matter. 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 Community Development at 853-2344.
It will be necessary for you, or your representative, to be present at the May 17 public hearing.
Failure to appear could result in a deferral of the matter until a later date.
Sincerely, ~. ~
~ P~ker, CMC/AAE
Mary F.
City Clerk
MFP:lo
Enclosure
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
April 27, 1999
File #51
SANDRA H. EAKIN
Deputy City Clerk
Trustees, Faith and Hope Church of God in Christ
1802 Orange Avenue, N. W.
Roanoke, Virginia 24017
Mr. Woody D. White
P. O. Box 12405
Roanoke, Virginia 24025
City of Roanoke Redevelopment
and Housing Authority
P. O. Box 6359
Roanoke, Virginia 24017
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, May 17, 1999, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor,
Municipal Building, 215 Church Avenue, S. W., on the request of James L. Walker that property
located at 1805 Orange Avenue N. W., Official Tax No. 2321415, be rezoned from C-2, General
Commercial District, to C-l, Office District.
The City Planning Commission has recommended approval of the request.
If you would like to receive a copy of the City Planning Commission's report, please call the City
Clerk's Office at 853-2541.
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
Community Development at 853-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Request from James L. Walker, for property at 1805 Orange Avenue
Tax No. 2321415, from C-2 to C-l, conditional
)
)Affidavit
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code
of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first-class mail on the 29th day of March, 1999, notices of a public hearing to be held on
the 7th day of April, 1999, on the rezoning captioned above to the owner or agent of the parcels listed
below at their last known address:
Parcel
2322106
2322107
2322108
2321408
Owner's Name
Trustees Faith and Hope Church God
in Christ
City of Roanoke Redevelopment and Housing
Authority
2321416 Petitioner
2321414
2321406
Woody D. White
Mailing Address
1802 Orange Avenue, NW
Roanoke, VA 24017
P. O. Box 6359
Roahoke, VA24017
P. O. Box 12405
Roanoke, VA24025
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 29th day of March, 1999.
Notary Puottc
My Commissionexpires: ~/// Cff~ /~(/'7/O'
MARY F. PARKER, CMC~AAE
CITY'OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
January 28,1999
File #51
Barbara N. Duerk, Chair
City Planning Commission
2607 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Duerk:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a First Amended Petition from James J. Walker requesting that a
tract of land located at 1805 Orange Avenue, N. W., described as Lot 15, Block 65,
Melrose Land Company Map, Official Tax No. 2321415, be rezoned from C-2, General
Commercial District, to C-1, Office District.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Evelyn $. Lander, Acting Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
FIRST AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Rezoning of a tract of land identified as Lot 15, Block 65, Melrose Land Company,
more specifically identified as 1805 Orange Avenue, N.W., Official Tax No.
2321415 from C-2, General Commercial District to C- 1, Office District
TO THE HONORABLE MAYOR AND THE COUNCIL OF THE CITY OF ROANOKE:
The petitioner, James J. Walker, owns land in the City of Roanoke which is 50 feet wide and
130 feet deep, located at 1805 Orange Avenue, N.W., Official Tax No. 2321415. Said tract is currently
zoned C-2, General Commercial 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 said property be rezoned from C-2, General Commercial District to C-1, Office District.
The petitioner proposes to use the property for office or two-family use.
Attached as Exhibit B are the names, addresses, and tax numbers of the owners of all lots or
property immediately adjacent to the property requested to be rezoned. A concept plan is attached as
Exhibit C.
The petitioner believes the rezoning of said tract of land will further the intent and purposes of
the City's zoning ordinance and its comprehensive plan in that reuse of the property for office or two-
family use will be of greater value to the City and the property owner.
Wherefore, the petitioner requests that the above described property be rezoned as requested in
accordance with the provisions of the zoning ordinance of the City of Roanoke, Virginia.
Respectfully submitted this 26th day of January, 1999.
m/ss J. Walk~r, Opner
J o ne,AV 2 4a 0 '
William W. Ward, Agent
Real Estate Broker
5433 Williamson Road
Roanoke, VA 24012, 366-3211
~ ~ "'1' '"1 '"l'""~- I ~ IPr°P°sed
to
~-II:.,.~.,.. · ~l · I · [ - I~ ~,..?l berezoned
~'~i I~' ' ~l~l~l~l",,,,¢/~J ,toC-),Of~e;
~'~ I I ~! l~o~,~ ~ ~ ,'~
-~'.- I~ 1-~~ i";~ I-'~.~ [.~ !.~ ~ .~? i.'~ / '~-
, !1,~/..I ..I ,./-! ,, ,- -~i
, I I / / / / I ~ ~ /
I
4
EXHIBIT B
Tax No.
2322106
2322107
2322108
Owner's Name and Address
Tmstees Faith and Hope Church of Godin Christ
1802OrangeAvenue, NW
Roanoke, VA24017
2321408
2321416
2321414
2321406
City ofRoanoke Redevelopment and Housing Authority
P. O. Box 6359
Roanoke, VA24017
Petitioner
Woody D. White
P. O. Box 12405
Roanoke, VA24025
EXHIBIT C
?,¢ r /r'/ . f (
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
· m ~'~' 2 ' )P~ :!i)7
Request from James L. Walker, for property at 1805 Orange ffCentr8'" ~5 ~.
Tax No. 2321415, from C-2 to C-l, conditional )Affidavit
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code
of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first-class mail on the 25th day of January, 1999, notices of a public hearing to be held
on the 3rd day of February, 1999, on the rezoning captioned above to the owner or agent of the
parcels listed below at their last known address:
Parcel
2322106
2322107
2322108
Owner's Name
Trustees Faith and Hope Church God
in Christ
Mailing Address
1802 Orange Avenue, NW
Roanoke, VA 24017
2321408
City of Roanoke Redevelopment and Housing
Authority
2321416 Petitioner
2321414
P. O. Box 6359
Roanoke, VA24017
2321406
Woody D. White
P. O. Box 12405
Roanoke, VA24025
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 25th day of January, 1999
"'~ 7 Notably PubliC(
MY C°mmissi°n expires: ~x/~-~ ~(-7/~/I
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLUG
COMMISSION
TO WHOM IT MAY CONCERN: '99
The Roanoke City Planning Commission will hold a public heating on Wednesday,
February 3, 1999, 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. on the following:
Request from James L. Walker, represented by William W. Ward, Real Estate Broker, that
property located at 1805 Orange AvenUe, N.W. and designated by Official Tax No.
2321415, be rezoned from C-2, General Commercial District to C- 1, Office 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 162, 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, January 19, 1999 and Tuesday, January 26, 1999
Please bill:
William W. Ward
Real Estate Broker
5433 Williamson Road
Roanoke, VA 24012
366-3211
and send affidavit of publication to:
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1230 (fax)
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
January 8, 1999
File #51
Barbara N. Duerk, Chair
City Planning Commission
2607 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Duerk:
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 from James J. Walker requesting that a tract of land
located at 1805 Orange Avenue, N. W., described as Lot 15, Block 65, Melrose Land Map,
Official Tax No. 2321415, be rezoned from C-2, General Commercial District, to C-1, Office
District.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Evelyn S. Lander, Acting Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 10, 1999
File #51
SANDRA H. EAKIN
Deputy City Clerk
Donald L. Wetherington, Attorney
Wetherington, Melchionna, Terry, Day & Ammar
P. O. Box 90
Roanoke, Virginia 24002
Dear Mr. Wetherington:
I am enclosing copy of Ordinance No. 34305-060799 rezoning a tract of land located at
907 Fourth Street, S. E., identified as Official Tax No. 4021001, from C-2, General
Commercial District, to LM, Light Manufacturing District, subject to the proffers contained
in the Second Amended Petition for rezoning filed in the City Clerk's Office on April 13,
1999. The abovereferenced measure was adopted by the Council of the City of Roanoke
on first reading on Monday, May 17, 1999, also adopted by the Council on second reading
on Monday, June 7, 1999, and will be in full force and effect ten days following the date of
its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
Mr. John A. and Mr. William T. Bright, P. O. Box 460, Summersville, West Virginia,
26651
The Evelyn Lewis Cayton Revocable Trust Agreement, 3530 Parkwood Drive,
S. W., Roanoke, Virginia 24018
Mr. and Mrs. Duel Burnett, 3035 Bradshaw Road, Salem, Virginia 24153
Baker Performance Chemicals, 1221 McKinney Street, Suite 2400, Houston, Texas
77010
Baker Performance Chemicals, 3900 Essex, Houston, Texas 77027
CE & HM Corporation, 325-B Elm Avenue, S. E., Roanoke, Virginia 24013
Donald L. Wetherington
June t0, 1999
Page 2
pc~
Mr. and Mrs. Juan Jimenez, 2767 Derwent Drive, S. W., Roanoke, Virginia 24015
Norfolk Southern Corporation, c/o Real Estate and Contract Services, 110 Franklin
Road, S. W., Roanoke, Virginia 24011
Barbara N. Duerk, Chair, City Planning Commission, 2607 Rosalind Avenue, S. W.,
Roanoke, Virginia 24014
James D. Ritchie, Sr., Acting City Manager
William X Parsons, Acting City Attorney
Steven J. Talevi, Assistant City Attorney
Willard N. Claytor, Director, Real Estate Valuation
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Ronald L. Smith, Acting Building Commissioner
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
H:'~AGENDA99'dUN7 WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34305-060799.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 402 Sectional 1976 Zone Map, City oflRoanoke, to rezone certain
property within the City, subject to certain conditions proffered by the applicant.
WHEREAS, John A. Bright and William T. Bright, have made application to the
Council of the City of Roanoke to have the hereinafter described property rezoned from C-2,
General Commercial 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 May 17, 1999, 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 Council, after considering the aforesaid application, the
recommendation made 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. 402 of the Sectional 1976
Zone Map, City of Roanoke, be amended in the following particular and no other:
A tract of land located at 907 4th Street, S.E., and designated on Sheet No. 402 of the
Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4021001, be, and is hereby
rezoned from C-2, General Commercial District, to LM, Light Manufacturing District,
subject to the proffers contained in the Second Amended Petition filed in the Office of the
City Clerk on April 13, 1999, and that Sheet No. 402 of the Zone Map be changed in this
respect.
ATTEST:
City Clerk.
H: \OP-D-KEZ\ORE-BRIGHT
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
May 17, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Request from John A. Bright and William T. Bright, represented by
Donald L. Wetherington, attorney, that property located at 907 4th Street,
S.E., identified by Official Tax No. 4021001, and containing 2.505 acres,
be rezoned from C-2, General Commercial District, to LM, Light
Manufacturing District, such rezoning to be subject to certain conditions
proffered by the petitioners.
I. Background:
mo
Purpose of the rezoning request is to provide for the improvement and adaptation
of the existing three (3) story industrial building for compatible uses, primarily
mini-warehouse storage, and the construction of mini-warehouse storage units at
the north end of the subject property.
B. Petition to rezone was filed on March 11, 1999.
First amended petition to rezone was filed on March 30, 1999. The following
conditions were proffered by the petitioners:
No use will be permitted as a principal use on any part of the Property,
identified as City of Roanoke Official Tax Map No. 4021001, except those
uses specified in this condition, each of which is currently allowed under
the LM, Light Manufacturing District zoning classification:
General storage and warehousing establishments engaged in the
storage of miscellaneous merchandise not for sale on the same
premises.
b. Mini-warehouses.
c. Establishments engaged in the wholesale distribution of goods.
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
Members of Council
Page 2
Do
do
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 all 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.
eo
Plant nurseries and greenhouses including those with retail sales on
the premises.
Utility substations, transmission lines and towers, booster stations,
relay stations and transformers, etc.
g°
Establishments engaged in the retail sale of building or
construction supplies and equipment provided the gross floor area
of such buildings is not less than twenty thousand (20,000) square
feet.
h. Radio and television transmitters.
In addition to the permitted uses previously listed, the following uses with
special exceptions issued by the City Board of Zoning Appeals:
General and professional offices including financial institutions
provided the gross floor area of such uses exceeds twenty thousand
(20,000) square feet.
General storage and warehousing establishments engaged in the
storage of merchandise, including the retail sale of goods stored on
the premises, provided that the gross floor area of the building for
such retail sale is no greater than ten (10) percent of the gross floor
area of such building.
°
No outdoor advertising will be permitted on the Property. The term
"outdoor advertising" does not include advertising by the owner, a tenant,
or other lawful occupant of any part of the Property.
Planning Commission public hearing was held on Wednesday, April 7, 1999. Mr.
Donald Wetherington, attorney, appeared before the Commission on behalf of the
petitioners.
Members of Council
Page 3
Mr. Wetherington summarized the rezoning request noting that in 1994 the
property had been rezoned from LM to C-2, with conditions and stated that they
were now requesting to be rezoned back to LM, with conditions, for the purpose
of developing self-storage for the existing building and to construct mini-
warehouse storage units on the north end of the subject property. Mr.
Wetherington informed the Commission that the petition and proffered uses had
been developed in close consultation with planning staff, however, in speaking
with some of the Commission members, he had learned that there was some
concern about the visual impact of the property from 1-581. Mr. Wetherington
proceeded to show the Commission different brochures which depicted the
different types of mini-warehouse storage units that his clients were considering
for development on the property if successfully rezoned. He further stated that
there was also some concern about the potential use of the property for cellular or
transmission towers and that his clients had no problem in deleting those
proffered use conditions for utility substations, transmission lines and towers,
booster stations, relay stations, and transformers, etc. and television and radio
transmitters.
Further discussion took place relative to the possibility of outdoor advertising
being located on the subject property and the language used in the rezoning
petition. Mr. Wetherington agreed to delete the second sentence in the proffer
relative to signage on the property so that it was clear that no outdoor advertising
would be allowed on the property.
Considerable discussion then took place between the Commission members and
Mr. Wetherington about the appearance of the proposed mini-warehouse storage
units from 1-581 and the need and possibility of adding a landscaping buffer along
the property boundary of 1-581 to shield the storage units from view from the
interstate and the type of materials that could be used on the exterior of the
storage units to enhance their appearance.
Ms. Evelyn Dorsey, Zoning Administrator/City Planner, gave the staff report
noting that the property had been rezoned in 1994 in an attempt to adaptively
reuse the existing building for a combination of commercial and light industrial
uses, however, those plans did not work out for the petitioner. She further stated
that staff was recommending approval of the requested rezoning, with the recent
amended proffers, finding that the proposed use of the property would place it
back into a productive use.
No one from the audience appeared to speak for or against the request.
Further discussion took place by Commission members relative to the need for
either a significant landscaping buffer along the 1-581 frontage of the property or
the addition of red brick veneer on the ends of the proposed mini-warehouse
Members of Council
Page 4
storage units visible from I-581. Soon thereafter, Mr. Wetherington proffered
that the ends of the storage units facing 1-581 would be of a red brick material
compatible to that of the existing building on the property.
There being no further discussion, the request, with amended proffers, was
approved by a roll call vote of 6 to 0, with Mr. Butler being absent for voting.
The second amended petition to rezone was filed on April 13, 1999. The
following conditions were proffered by the petitioners:
No use will be permitted as a principal use on any part of the Property,
identified as City of Roanoke Official Tax Map No. 4021001, except those
uses specified in this condition, each of which is currently allowed under
the LM, Light Manufacturing District zoning classification:
General storage and warehousing establishments engaged in the
storage ®fmiscellaneous merchandise not for sale on the same
premises.
b. Mini-warehouses.
c. Establishments engaged in the wholesale distribution of goods.
do
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 all 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.
eo
Plant nurseries and greenhouses including those with retail sales on
the premises.
Establishments engaged in the retail sale of building or
construction supplies and equipment provided the gross floor area
of such buildings is not less than twenty thousand (20,000) square
feet.
In addition to the permitted uses previously listed, the following uses with
special exceptions issued by the City Board of Zoning Appeals:
a. General and professional offices including financial institutions
Members of Council
Page 5
o
II Issues:
provided the gross floor area of such uses exceeds twenty thousand
(20,000) square feet.
bo
General storage and warehousing establishments engaged in the
storage of merchandise, including the retail sale of goods stored on
the premises, provided that the gross floor area of the building for
such retail sale is no greater than ten (10) percent of the gross floor
area of such building.
No outdoor advertising will be permitted on the Property.
All signs, including the freestanding sign and any temporary signs and
banners will comply with sign regulations of the City of Roanoke.
The exterior surface of the westerly end wall (nearest
Roy L. Webber Expressway) of each mini warehouse structure shall be of
red brick veneer.
All conditions to which the prior rezoning was made subject are
eliminated, except for the foregoing conditions (1) through (5).
Bo
Zoning of the subject property is C-2, General Commercial District, conditional,
as a result of a rezoning in 1994 from LM, Light Manufacturing District. The
surrounding zoning pattern in the area is as follows: to the immediate north, south
and west is LM, Light Manufacturing District; to the northeast is C-2, General
Commercial District; and to the east and southeast are RM-1 and RM-2,
Residential Multi-family Districts.
Land use of the subject property is currently a three (3) story industrial building
with a portion being used for storage and related office purposes. The property
located to the north of the building has recently been cleared and graded in
anticipation of being able to construct mini-warehouse storage units with
accessory parking. The surrounding land uses in the area are as follows: to the
immediate north and northeast are several highway oriented commercial uses
facing Elm Avenue; to the northeast and southwest is vacant, undeveloped
industrially zoned land; to the south is a mixture of commercial and industrial
uses and storage facilities; and to the east and southeast are single family
dwellings.
Access to the property is from the adjoining public street, 4th Street. Minimal
traffic impacts are anticipated from the proposed redevelopment of the subject
property into two (2) mini-warehouse storage facilities. Typically, light industrial
Members of Council
Page 6
uses generate less traffic than commercial retail and service activities.
Industrially zoned land in the City has been identified as a valuable economic
asset. Rezoning the subject property back to LM, Light Manufacturing District
will facilitate the adaptive reuse of this existing industrial building for the purpose
of mini-warehouse storage which would be an asset to existing, redeveloping and
potential new development in the downtown area.
Comprehensive Plan recommends that we encourage appropriate infill
development or redevelopment of areas on appropriate sites.
III. Alternatives:
A. City Council approve the rezoning request.
Zoning of the subject property would become conditional, LM, Light
Manufacturing District and the proposed use and further development of
the property into a mini-warehouse storage facility would be allowed to
take place.
Land use would be mini-warehouse storage, a light industrial activity more
compatible with the adjoining land uses in the area. Landscaping
requirements would be imposed as part of the site development plan
review of the proposed free standing mini-warehouse storage units to be
built on the northern portion of the property.
o
Access to and from the subject property can safely be provided by the
adjoining public street, 4th Street. Given the proposed adaptive reuse of
the existing building and the proposed new construction of mini-
warehouse storage units, no traffic impacts are anticipated from this
development.
Industrially zoned land is restored for appropriate redevelopment of the
subject property given its location and physical constraints.
5. Comprehensive Plan issue as set forth would be followed.
B. City Council deny the rezoning request.
Zoning of the subject property would remain C-2, General Commercial
District, conditional. The proposed redevelopment of the subject property
into mini-warehouse storage facilities would not be allowed to take place
at the magnitude proposed (maximum square footage of mini-warehouse
storage in the C-2 District is 12,000 square feet.) The three (3) story
Members of Council
Page 7
industrial building would be available for adaptive reuse of a mixture of
commercial retail and service uses not suitable for its location.
o
Land use would remain a relatively vacant, under utilized developed
property in close proximity to the downtown which was unsuccessfully
marketed for various commercial uses facilitated by the previous rezoning.
3. Access to the subject property would not be an issue.
Industrially zoned land would not be available for suitable industrial uses
in close proximity to the downtown. The subject property would
essentially lay idle and be available for further commercial development
away from the downtown area and established shopping center areas in the
City.
5. Comprehensive Plan issue as set forth could be followed at a later date.
IV Recommendation:
The Planning Commission, by a vote of 6 to 0 (Mr. Butler absent), recommended
approval of the requested rezoning based on the finding that the rezoning would be in
keeping with the recommendation as set forth in the Comprehensive Plan. Furthermore,
given the primary intended use of the property for mini-warehouse storage, the property
is more suitable for that type of development and use than the mixed commercial retail
and service uses previously proffered for development on the property.
Respectfully submitted,
Barbara N. Duerk, Chairman
Roanoke City Planning Commission
EDD
attachments
cc: Assistant City Attorney
Attorney for the Petitioners
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE $.W. - ROOM 452
ROANOKE, VIRGINIA 2401 l- 1594
TELEPHONE: (540) 853-2444
FAX: (,540) $53-1145
April 14, 1999
File #51
Barbara N. Duerk, Chair
City Planning Commission
2607 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Duerk:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a Second Amended Petition from Donald L. Wetherington, Attorney,
representing John A. and William T. Bright, requesting that a tract of land located at 907
4th Street, S. E., identified as Official Tax No. 4021001, be rezoned from C-2, General
Commercial District, to LM, Light Manufacturing District, subject to certain conditions
proffered by the petitioners.
Sincerely,
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Messrs. John A. and William T. Bright, P. O. Box 460, Summersville, West Virginia
26651
Donald L. Wethedngton, Attorney, Wetherington, Melchionna, Terry, Day & Ammar,
P. O. Box 90, Roanoke, Virginia 24002
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
,.-"Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Steven J. Talevi, Assistant City Attorney
Wetherington, Melchionna,
Texxy, Day & Ammar
ATTORNEYS AND CO UNSELORS
1100 Crestar Bank Building
Post Office Box 90
Roanoke, Virginia 24002
releohone Telecoo~er
540982-3800 540-342-4480
April 13, 1999
HAND DELIVERED
Mary F. Parker, CMC/AAE
City Clerk
City of Roanoke
215 Church Avenue, S.W.
Room 456
Roanoke, VA 24011-1536
RE: Second Amended Petition to Rezone
Dear Ms. Parker:
I enclose an original of the above-referenced document and two additional copies for
filing.
Thank you very much. If you have any questions or need anything further, please let
me know.
Enclosures
cc: Evelyn D. Dorsey (w/encl.)
Diana D. Dunleavy (w/encl.)
W:%VP\WETHERIN~213410MParker31tr'acp
Sincerely,
~erington
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
Re:
Rezoning of one tract of land )
designated as 907 4th Street, )
from C-2, General Commercial )
District, subject to certain )
conditions, to LM, Light )
Manufacturing District, also )
subject to certain conditions )
SECOND AMENDED PETITION
TO REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
1. John A. Bright and William T. Bright (the "Brights"), the petitioners, own
a tract of land in the City of Roanoke, Virginia, consisting of New Lot 20oA, containing
2.505 acres (the "Property"), as shown on the "Subdivision Plat Showing the
Combination of Lots 20 through 33," prepared by Shanks Associates, P.C., dated July 22,
1994, recorded in the Clerk's Office of the Circuit Court for the City of Roanoke,
Virginia, in Map Book 1, page 1349. A copy of the plat is attached hereto as Exhibit A.
The Property is designated by City of Roanoke Official Tax Number 4021001.
2. The Property is presently zoned C-2, General Commercial District, subject
to certain uses, exceptions and variances. The relative location of the Property and the
classification and extent of adjacent zoning districts are shown on Exhibit B.
3. The Property is currently used in part for storage and for related office
purposes. Much of the floor area in the building is not used. The Brights wish to
improve the building and adapt the building for compatible purposes and uses, primarily
Wetherington, Melchionna,
Ten'y, Day & Ammar
mini-warehouse storage. The Brights also wish to construct mini-warehouse storage units
at the northerly end of the Property. Attached hereto as Exhibit C, consisting of two
pages, is a conceptual drawing to illustrate a typical placement of such storage units.
4. The Brights request that the Property be rezoned from C-2,
General Commercial District, to LM, Light Manufacturing District, subject
only to the following conditions:
(a) No use will be permitted as a principal use on any part of the
Property, identified as City of Roanoke Official Tax Map No. 4021001,
except those uses specified in this condition, each of which is currently
allowed under the LM, Light Manufacturing District zoning classification,
and the uses in condition (b) below, subject to special exception. For
convenience of reference, the subdivision number of each specified use as
it appears in Section 36.1-249 and Section 36.1-250 of the Code of the City
of Roanoke (1979), as amended, appears at the end of each specified use:
(i)
(ii)
(iii)
(iv)
General storage and. warehousing
establishments engaged in the storage of
miscellaneous merchandise not for sale on the
same premises. (16)
Mini-warehouses. (17)
Establishments engaged in the wholesale
distribution of goods. (18)
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 all such
2
Wetherington, Melchiorma,
Ten-y, Day & ~Arn~aar
(v)
(vi)
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. (20)
Plant nurseries and greenhouses including
those with retail sales on the premises. (22)
Establishments engaged in the retail sale of
building or construction supplies and
equipment provided the gross floor area of
such buildings is not less than twenty
thousand (20,000) square feet. (25)
(b) In addition to the permitted uses previously listed, the
following uses with special exception issued by the City Board of Zoning
Appeals pursuant to Section 36.250 of the Code of the City of Roanoke
(1979), as amended):
(i)
(ii)
General and professional offices including
financial institutions provided the gross floor
area of such uses exceeds twenty thousand
(20,000) square feet. (Special Exception Use
4)
General storage and warehousing
establishments engaged in the storage of
merchandise, including the retail sale of goods
stored on the premises, provided that the gross
floor area of the building for such retail sale is
no greater than ten (10) percent of the gross
floor area of such building. (Special Exception
Use 7)
(c) No outdoor advertising will be permitted on the Property.
Wetherington, Melchionna,
Terry,, Day & Amm~
(d) All signs, including the freestanding sign and any temporary signs
and banners will comply with sign regulations of the City of Roanoke.
(e) The exterior surface of the westerly end wall (nearest Roy L.
Webber Expressway) of each mini warehouse structure shall be of red-
brick veneer.
(f) All conditions to which the.prior rezoning was made subject
are eliminated, except for the foregoing conditions (a) through (e).
5. Rezoning the Property as requested will further the intent and purpose of
the City's Zoning Ordinance and its comprehensive plan by facilitating the creation of a
convenient, harmonious and attractive community while encouraging and promoting
economic development activities that provide desirable employment and enlarge the tax
base.
6. Attached as Exhibit D, consisting of two pages, are the names and
addresses of the owners of all property adjacent to the Property for which rezoning is
requested.
Wetherington, Melchionna,
'retry, Day & Ammar
WHEREFORE, John A. Bright and William T. Bright, by counsel, request that the
above-described Property be rezoned as requested in accordance with applicable provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted,
John A. Bright and
William T. Bright
By:
of Counsel
Donald L. Wetherington
Wetherington, Melchionna, Terry, Day & Ammar
Post Office Box 90
Roanoke, Virginia 24002
(540) 982-3800
Counsel for Petitioners
W:\WP\WETHERIN~ 134102NDarndrzpet~acp
Wetherington, Melchionna,
Terry, D'ay & ~anmar
..%
~" 20 A
~:s, .,., 02 Ir,. OI
' .~'~ 2. 505 AC.
'::.
...... REZONED BY ORD.
,NO. 29931 - :) 809C)
L~ TO C-I
~ 'EZONED:;BY OR'
._.....~ R
i No. ]o~,,-'t~eo
?
, LM TO:C-'I"
/
/
/
OWNERS AND ADDRESSES
PROPERTIES ADJACENT TO TAX MAP NUMBER 4021001
Tax Map Property Taxpayer's
4021112
4021113
4021602
4021901
4021914
4021915
4021027
4021025
914 Fourth Street
Pt. Lots 1-2
Block 3, MHJ
920 Fourth Street
Pt. Lots 2-3
Block 3, MHJ
Highland Avenue
Pt. Lots 4-5
Block 3, MHJ
401 Highland Avenue
Comer of Highland
and Wheat
1018 Fourth Street
Three One-Half Street
Pt. Lot 2
Block 12, Sec. 3
Fourth Street
Lots 16, 17, 18, 19
Block 2, Koontz
Three One-Half Street
Pt. Lot 15, Block 2
Koontz
The Evelyn Lewis Cayton
Revocable Trust Agreement
3630 Parkwood Drive, S.W.
Roanoke, VA 24018
The Evelyn Lewis Cayton
Revocable Trust Agreement
3630 Parkwood Drive, S.W.
Roanoke, VA 24018
Duel V. Bumett
Barbara H. Bumett
3035 Bradshaw Road
Salem, VA 24153
The Evelyn Lewis Cayton
Revocable Trust Agreement
363~) Parkwood Drive, S.W.
Roanoke, VA 240 l 8
Baker Performance Chemicals
3900 Essex
Houston, TX 77027
Baker Performance Chemicals
3900 Essex
Houston, TX -77027
John A. & William T. Bright
P. O. Box 460
Summersville, WV 26651
John A. & William T. Bright
P.O. Box 460
Summersville, WV 26651
4021024
4021022
4021019
4021018
4021016
4020317
4020423
4020426
Three One-HalfStreet
Pt. Lot l4, Block 2
Koon~
Three One-Half Street
Lot 12,13, Pt. 11
Block 2, Koontz
Three One-Half Street
Lot 10, Pt. 9 & 11
Block 2, Koontz
Three One-Half Street
Lot 8 & 9, Block 2
Koontz
Three One-Half Street
Pt. Lot 5-8, Block 2
Koontz
325 Elm Avenue
Pt. Lots 15-21, Alley
Sec. 3, Block 3
824 Fourth Street
Lot 1-3, Block 2
MCGhee
Fourth Street
Lot, Block 2, McGhee
4020427
Fourth Street
Lot, Block 2, McGhee
4021108
403MounminAvenue
Lotl-A, MHJ
4021934
Fourth Street
Pt. Lot 2, Block 12
W:xWP\DOU DIKEN~213410ZN.TPO\7
John A. & William T. Bright
P.O. Box 460
Summersville, WV 26651
John A. & William T. Bright
P.O. Box 460
Summersville, WV 26651
Commonwealth ofVA
215 Chu~h Avenue, Rm. 250
Roanoke, VA 24011
Commonwealth of VA
215 Church Avenue, Rm. 250
Roanoke, VA 24011
Commonwealth of VA
215 Church Avenue, Rm 250
Roanoke, VA 24011
C E & H MCorporation
325-B Elm Avenue
Roanoke, VA 24013
Baker Performance Chemicals
c/o 1221 McKinney St., Ste. 2400
Houston, TX 77010
John A. & Susan R. Bright
P. O. Box 460
Summersville, WV 26651
John A. Bright
P.O. Box 460
Summersville, WV 26651
Juan & Elodia B. Jimenez
2767 Dewent Drive
Roanoke, VA 24015
Baker Performance Chemicals
3900 Essex
Houston, TX 77027
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 !- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 27, 1999
File//51
Donald L. Wetherington, Attorney
Wetherington, Melchionna, Terry, Day & Ammar
P. O. Box 90
Roanoke, Virginia 24002
Dear Mr. Wetherington:
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, May 17, 1999, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor,
Municipal Building, 215 Church Avenue, S. W., on the request of John A. and William T. Bright
that a tract of land located at 907 4th Street, S. E., Official Tax No. 4021001, be rezoned from C-2,
General Co~ nmercial District, to LM, Light Manufacturing District.
For your in~
report of the
if you have
Questions w
of Planning
It will be ne
Failure to
MFP:Io
Enclosure
brmation, I am enclosing copy of a notice of the public hearing, an Ordinance and a
City Planning Commission with regard to the matter. Please review the documents and
questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431.
ith regard to the City Planning Commission report should be directed to the Department
and Community Development at 853-2344.
eessary for you, or your representative, to be present at the May 17 public hearing.
ppear could result in a deferral of the matter until a later date.
Sincerely, ~~
Mary F. CMC/AAE
City Clerk
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
April 27, 1999
File #51
SANDRA H. EAK1N
Deputy City Clerk
The Evelyn Lewis Cayton Revocable Trust Agreement
Mr. and Mrs. Duel V. Bumett
Baker Performance Chemicals
CE & HM Corporation
Mr. and Mrs. Juan. Jimenez
Norfolk and Western Corp.
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, May 17, 1999, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor,
Municipal Building, 215 Church Avenue, S. W., on the request of John A. and William T. Bright
that a tract of land located at 907 4th Street, S. E., Official Tax No. 4021001, be rezoned from C-2,
General Commercial District, to LM, Light Manufacturing District.
The City Planning Commission has recommended approval of the request.
If you would like to receive a copy of the City Planning Commission's report, please call the City
Clerk's Office at 853-2541.
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
Community Development at 853-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
Ad Number: 1133573
Publisher's Fee: $118.14
DONALD L. WETHERINGTON
WETHERINGTON, MELCHIONNA
P.O. BOX 90
ROANOKE, VA 24002
The Roanoke Times
STATE of VIRGINIA
CITY of ROANOKE
AFFIDAVIT of PUBLICATION
I, (the undersigned) an authorized
representative of the Times-World Cor-
poration, 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:
04/29/99 FULL RUN - Thursday
04/29/99 FULL RUN - Thursday
05/06/99 FULL RUN - Thursday
Witness, this 10th day of May 1999
Authorized Signature
bom a ~ui~k i#mlnl on _.-
day, Ms~
Chunm Munue,
(3Widli TiK MIl I(o, 4Q~:~O~'
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, May 17, 1999, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215
Church Avenue, S.W., on the question ofrezoning from C-2, General Commercial District,
to LM, Light Manufacturing District, the following property:
A tract of land located at 907 4th Street, S.E., and bearing Official Tax Map
No. 4021001.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building.
and be heard on the question.
GIVEN under my hand this __
All parties in interest may appear on the above date
day of .,1999.
Mary F. Parker, City Clerk.
H:\NOTICE\NR-BRiGHT
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
April 14, 1999
File #51
Barbara N. Duerk, Chair
City Planning Commission
2607 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Duerk:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a Second Amended Petition from Donald L. Wetherington, Attorney,
representing John A. and William T. Bright, requesting that a tract of land located at 907
4th Street, S. E., identified as Official Tax No. 4021001, be rezoned from C-2, General
Commercial District, to LM, Light Manufacturing District, subject to certain conditions
proffered by the petitioners.
Sincerely,
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Messrs. John A. and William T. Bdght, P. O. Box 460, Summersville, West Virginia
26651
Donald L. Wetherington, Attorney, Wetherington, Melchionna, Terry, Day & Ammar,
P. O. Box 90, Roanoke, Virginia 24002
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Steven J. Talevi, Assistant City Attorney
Wetherington, Melchionna,
Terry, Day & Ammar
ATTORNEYS AND COUNSELORS
1100 Crestar Bank Building
Post Office Box 90
Roanoke, Virginia 24002
Telephone Telecopier
540-982-3800 540-342-4480
April 13, 1999
HAND DELIVERED
Mary F. Parker, CMC/AAE
City Clerk
City of Roanoke
215 Church Avenue, S.W.
Room 456
Roanoke, VA 24011-1536
RE: Second Amended Petition to Rezone
Dear Ms. Parker:
I enclose an original of the above-referenced document and two additional copies for
filing.
Thank you very much. If you have any questions or need anything further, please let
me know.
Enclosures
cc: Evelyn D. Dorsey (w/encl.)
Diana D. Dunleavy (w/encl.)
W:\WP\WETHERIN\213 410MParker31tr\acp
Sincerely,
~erington
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
Re.'
Rezoning of one tract of land )
designated as 907 4th Street, )
from C-2, General Commercial )
District, subject to certain )
conditions, to LM, Light )
Manufacturing District, also )
subject to certain conditions )
SECOND AMENDED PETITION
TO REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
1. John A. Bright and William T. Bright (the "Brights"), the petitioners, own
a tract of land in the City of Roanoke, Virginia, consisting of New Lot 20-A, containing
2.505 acres (the "Property"), as shown on the "Subdivision Plat Showing the
Combination of Lots 20 through 33," prepared by Shanks Associates, P.C., dated July 22,
1994, recorded in the Clerk's Office of the Circuit Court for the City of Roanoke,
Virginia, in Map Book 1, page 1349. A copy of the plat is attached hereto as Exhibit A.
The Property is designated by City of Roanoke Official Tax Number 4021001.
2. The Property is presently zoned C-2, General Commercial District, subject
to certain uses, exceptions and variances. The relative location of the Property and the
classification and extent of adjacent zoning districts are shown on Exhibit B.
3. The Property is currently used in part for storage and for related office
purposes. Much of the floor area in the building is not used. The Brights wish to
improve the building and adapt the building for compatible purposes and uses, primarily
Wetherington, Melchionna,
Terry, Day & Ammar
mini-warehouse storage. The Brights also wish to construct mini-warehouse storage units
at the northerly end of the Property. Attached hereto as Exhibit C, consisting of two
pages, is a conceptual drawing to illustrate a typical placement of such storage units.
4. The Brights request that the Property be rezoned from C-2,
General Commercial District, to LM, Light Manufacturing District, subject
only to the following conditions:
(a) No use will be permitted as a principal use on any part of the
Property, identified as City of Roanoke Official Tax Map No. 4021001,
except those uses specified in this condition, each of which is currently
allowed under the LM, Light Manufacturing District zoning classification,
and the uses in condition (b) below, subject to special exception. For
convenience of reference, the subdivision number of each specified use as
it appears in Section 36.1-249 and Section 36.1-250 of the Code of the City
of Roanoke (1979), as amended, appears at the end of each specified use:
(i) General storage and warehousing
establishments engaged in the storage of
miscellaneous merchandise not for sale on the
same premises. (16)
(ii) Mini-warehouses. (17)
(iii) Establishments engaged in the wholesale
distribution of goods. (18)
(iv) 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 all such
Wetherington, Melchionna,
Terry, Day & Ammar
(v)
(vi)
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. (20)
Plant nurseries and greenhouses including
those with retail sales on the premises. (22)
Establishments engaged in the retail sale of
building or construction supplies and
equipment provided the gross floor area of
such buildings is not less than twenty
thousand (20,000) square feet. (25)
(b) In addition to the permitted uses previously listed, the
following uses with special exception issued by the City Board of Zoning
Appeals pursuant to Section 36.250 of the Code of the City of Roanoke
(1979), as amended):
(i)
(ii)
General and professional offices including
financial institutions provided the gross floor
area of such uses exceeds twenty thousand
(20,000) square feet. (Special Exception Use
4)
General storage and warehousing
establishments engaged in the storage of
merchandise, including the retail sale of goods
stored on the premises, provided that the gross
floor area of the building for such retail sale is
no greater than ten (10) percent of the gross
floor area of such building. (Special Exception
Use 7)
(c) No outdoor advertising will be permitted on the Property.
Wetherington, Melchiorma,
Terry, Day & Ammar
(d) All signs, including the fi:eestanding sign and any temporary signs
and banners will comply with sign regulations of the City of Roanoke.
(e) The exterior surface of the westerly end wall (nearest Roy L.
Webber 'Expressway) of each mini warehouse structure shall be of red-
brick veneer.
(f) All conditions to which the prior rezoning was made subject
are eliminated, except for the foregoing conditions (a) through (e).
5. Rezoning the Property as requested will further the intent and purpose of
the City's Zoning Ordinance and its comprehensive plan by facilitating the creation of a
convenient, harmonious and attractive community while encouraging and promoting
economic development activities that provide desirable employment and enlarge the tax
base.
6. Attached as Exhibit D, consisting of two pages, are the names and
addresses of the owners of all property adjacent to the Property for which rezoning is
requested.
Wetherington, Melchionna,
Terry, Day & Ammar
WHEREFORE, John A. Bright and William T. Bright, by counsel, request that the
above-described Property be rezoned as requested in accordance with applicable provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted,
John A. Bright and
William T. Bright
By:
of Counsel
Donald L. Wetherington
Wetherington, Melchionna, Terry, Day & Ammar
Post Office Box 90
Roanoke, Virginia 24002
(540) 982-3800
Counsel for Petitioners
W:\WP\WETHERINa2134102NDamdrzpet~acp
Wetherington, Melchionna,
Terry, Day & Ammar
I ~ . .-l, I~J[ ~
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' REZONED BY OR'D,
N0:31974-05!694
LM TO.C-2
CONDITIONAl ....
-:'. .... ~E. ZONF..D'BY ORD.
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NO. 501:54-'72:~90
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EXHIBIT
IRJ~N(:~ATI~ ii 1'o
OWNERS AND ADDRESSES
PROPERTIES ADJACENT TO TAX MAP NUMBER 4021001
Tax Map Property Taxpayer's
Number Address Address
4021112
4021113
4021602
4021901
4021914
4021915
4021027
4021025
914 Fourth Street
Pt. Lots 1-2
Block 3, MHJ
920 Fourth Street
Pt. Lots 2-3
Block 3, MHJ
Highland Avenue
Pt. Lots 4-5
Block 3, MHJ
401 Highland Avenue
Comer of Highland
and Wheat
1018 Fourth Street
Three One-Half Street
Pt. Lot 2
Block 12, Sec. 3
Fourth Street
Lots 16, 17, 18, 19
Block 2, Koontz
Three One-Half Street
Pt. Lot 15, Block 2
Koontz
The Evelyn Lewis Cayton
Revocable Trust Agreement
3630 Parkwood Drive, S.W.
Roanoke, VA 24018
The Evelyn Lewis Cayton
Revocable Trust Agreement
3630 Parkwood Drive, S.W.
Roanoke, VA 24018
Duel V. Bumett
Barbara H. Bumett
3035 Bradshaw Road
Salem, VA 24153
The Evelyn Lewis Cayton
Revocable Trust Agreement
3630 Parkwood Drive, S.W.
Roanoke, VA 24018
Baker Performance Chemicals
3900 Essex
Houston, TX 77027
Baker Performance Chemicals
3900 Essex
Houston, TX 77027
John A. & William T. Bright
P. O. Box 460
Summersville, WV 26651
John A. & William T. Bright
P.O. Box 460
Summersville, WV 26651
4021024
4021022
4021019
4021018
4021016
4020317
4020423
4020426
Three One-HalfStreet
Pt. Lotl4, Block 2
Koon~
Three One-Half Street
Lot 12,13, Pt. ll
Block 2, Koontz
Three One-Half Street
Lot 10, Pt. 9 & 11
Block 2, Koontz
Three One-Half Street
Lot 8 & 9, Block 2
Koontz
Three One-Half Street
Pt. Lot 5-8, Block 2
Koontz
325 Elm Avenue
Pt. Lots 15-21, Alley
Sec. 3, Block 3
824 Fourth Street
Lot 1-3, Block 2
McGhee
Fourth Street
Lot, Block 2, McGhee
4020427
Fourth Street
Lot, Block 2, McGhee
4021108
403 Mountain Avenue
Lot I-A, MHJ
4021934
Fourth Street
Pt. Lot 2, Block 12
W:\WP\DOUDIKENL213410ZN.TPO\7
John A. & William T. Bright
P.O. Box 460
Summersville, WV 26651
John A. & William T. Bright
P.O. Box 460
Summersville, WV 26651
Commonwealth of VA
215 Church Avenue, Rm. 250
Roanoke, VA 24011
Commonwealth of VA
215 Church Avenue, Rm. 250
Roanoke, VA 24011
Commonwealth of VA
215 Church Avenue, Rm 250
Roanoke, VA 24011
C E & H M Corporation
325-B Elm Avenue
Roanoke, VA 24013
Baker Performance Chemicals
c/o 1221 McKinney St., Ste. 2400
Houston, TX 77010
John A. & Susan R. Bright
P. O. Box 460
Summersville, WV 26651
John A. Bright
P.O. Box 460
Summersville, WV 26651
Juan & Elodia B. Jimenez
2767 Dewent Drive
Roanoke, VA 24015
Baker Performance Chemicals
3900 Essex
Houston, TX 77027
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRG~A
PERTAINING TO THE REZONING REQUEST OF:
John A. Bright and William T. Bright for property at 907 4th Street, SE )
Tax No. 4021001, from C-2 to LM, conditional )Affidavit
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code
of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first-class mail on the 29th day of March, 1999, notices of a public heating to be held on
the 7th day of April, 1999, on the rezoning captioned above to the owner or agent of the parcels listed
below at their last known address:
Parcel Owner's Name
4021112
4021113
4021901
The Evelyn Lewis Cayton Revocable Trust
Agreement
4021602 Duel and Barbara Bumett
4021914
4020423
Baker Performance Chemicals
4021915
4021934
Baker Performance Chemicals
4021027
4021025
4021024
4021022
4020426
4020427
Petitioner
4020317 CE & HM Corporation
4021108 Juan & Elodia B. Jimenez
4021016
4021018
4021019
Commonwealth of VA
No Tax No.
westerly
Norfolk and Western
Martha Pace Franklin
Mailing Address
3530 Parkwood Drive, SW
Roanoke, VA 24018
3035 Bradshaw Road
Salem, VA 2 4153
1221 McKinney St. Suite 2400
Houston, TX 77010
3900 Essex
Houston, TX 77027
325-B Elm Avenue, SE
Roanoke, VA 24013
2767 Dewent Drive, SW
Roanoke, VA 24015
c/o City of Roanoke
110 Franklin Road, SW
Roanoke, VA 2 4011
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 29th day of March ....1999. ,
..-q -- Notary Rkblic
My Commission expiresq4& ~// /c~c~/
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 1, 1999
File #51
Barbara N. Duerk, Chair
City Planning Commission
2607 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Duerk:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a First Amended Petition from Donald L. Wetherington, Attorney,
representing John A. and William T. Bright, requesting that a tract of land located at 907
4th Street, S. E., identified as Official Tax No. 4021001, be rezoned from C-2, General
Commercial District, to LM, Light Manufacturing District, subject to certain conditions
proffered by the petitioners.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:lo
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Messrs. John A. and William T. Bright, P. O. Box 460, Summersville, West Virginia
26651
Donald L. Wetherington, Attorney, Wetherington, Melchionna, Terry, Day & Ammar,
P. O. Box 90, Roanoke, Virginia 24002
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Steven J. Talevi, Assistant City Attorney
Wetherington, Melchionna,
Terry, Day & Ammar
ATTORNEYS AND COUNSELORS
1100 Crestar Bank Building
Post Office Box 90
Roanoke, Virginia 24002
Telephone Telecopier
540-982-3800 540-342-4480
March 30, 1999
HAND DELIVERED
Mary F. Parker, CMC/AAE
City Clerk
City of Roanoke
215 Church Avenue, S.W.
Room 456
Roanoke, VA 24011-1536
RE: First Amended Petition to Rezone
Dear Ms. Parker:
I enclose an original of the above-referenced document and two additional copies for
filing.
Thank you very much. If you have any questions or need anything further, please let
me know.
Sincerely,
Enclosures
cc: Evelyn D. Dorsey (w/encl.)
Evelyn S. Lander (w/encl.)
Diana D. Dunleavy (w/encl.)
W:\WP\WETHERIN\213 410.1tr-mp2\acp
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 10, 1999
File #514
SANDRA H. EAKIN
Deputy City Clerk
Katherine H. Strickland, Executive Director
Virginia Museum of Transportation
303 Norfolk Avenue, S. W.
Roanoke, Virginia 24011
Lloyd R. Clingenpeel, Senior Manager
Norfolk Southern Corporation
Real Estate and Contract Services
110 Franklin Road, S. E.
Roanoke, Virginia 24011
Dear Ms. Strickland and Mr. Clingenpeel:
I am enclosing copy of Ordinance No. 34306-060799 permanently vacating, discontinuing and
closing certain portions of Norfolk Avenue, S. W., between Second Street, S. W., and Williamson
Road, S. E., and a portion of former Second Street, S. W. The abovereferenced measure was*adopted
by the Council of the City of Roanoke on first reading on Monday, May 17, 1999, also adopted by
the Council on second reading on Monday, June 7, 1999, and will be in full force and effect ten days
following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
Enclosure
pc~
Barbara N. Duerk, Chair, City Planning Commission, 2607 Rosalind Avenue, S. W.,
Roanoke, Virginia 24014
James D. Ritchie, Sr., Acting City Manager
William X Parsons, Acting City Attorney
Steven J. Talevi, Assistant City Attorney
Willard N. Claytor, Director, Real Estate Valuation
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Ronald L. Smith, Acting Building Commissioner
Evelyn S. Lander, Chief, Planning and Community Development
Katherine H. Strickland
Lloyd R. Clingenpeel
June 10, 1999
Page 2
pc~
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
J. Tom Tasselli, Development Review Coordinator
Edward R. Tucker, City Planner
H:x~A. GENDA99~01JN7 WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34306-060799.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
tight-of-way in the City of Roanoke, Virginia, as are more partic, ularly described hereinafter.
WHEREAS, the City of Roanoke filed its First Amended Application on March 29,
1999, to the Council of the City of Roanoke, Virginia, in accordance with law, requesting
the Council to permanently vacate, discontinue and close the public tight-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 First Amended Application by the City
Council on May 17, 1999, after due and timely notice thereof as required by §30-14, Code
of the City of Roanoke (1979), as amended, at which heating all parties in interest and
citizens were afforded an opportunity to be heard on said First Amended 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 fight-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the public fight-of-way situate in the City of Roanoke, Virginia, and more particularly
described as follows:
Portions of Norfolk Avenue, S.W., extending in an easterly direction from
Second Street, S.W., lying generally between Second Street, S.W., and
Williamson Road, S.E., and a portion of former Norfolk Avenue, S.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 fight-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 fight 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;
2
such easement or easements to terminate upon the later abandonment of use or permanent
removal from the above-described public right-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 right of ingress and egress over the same, for the installation and
maintenance of any and all existing utilities that may be located within the right-of-way.
BE IT FURTHER ORDAINED that closure of the subject right-of-way is conditioned
upon the City of Roanoke reaching an agreement with Norfolk Southern Corporation, Inc.
("Norfolk Southern"), for the exchange of the closed portions of the public right.-of-way for
property belonging to Norfolk Southern, said exchange to be effected and memorialized in
the above-referenced subdivision plat.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the First Amended 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 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 FURTHER ORDAINED that the applicant shall make a presentation before the
Roanoke City Architectural Review Board, such Board to make a recommendation to the
Agent to the Planning Commission regarding the style of fence to be erected.
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\OSC-NORFK '~
~CHART~
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
May 17, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from the City of Roanoke to vacate, discontinue and close certain
portions of Norfolk Avenue, of variable widths, extending in an easterly
direction from Second Street S.W., to Williamson Road S.E., and a portion
of the former Second Street S.W.
Background:
Bo
Co
Do
Application was originally submitted on March 11, 1999 and was scheduled for th~:
Planning Commission's regular meeting of April 7, 1999. It was discovered,
however, that the legal description of the closure areas failed to include a portion of
Second Street S.W.
Survey maps submitted in conjunction with the application indicates that the streel
areas proposed for vacation, "Tract 1" and "Tract 3" will, upon vacation, be conveyed
to Norfolk and Western and the property identified on the survey maps as "Trac~ 2"
will in exchange, be conveyed to the City of Roanoke, by Norfolk and Western.
Applicant has requested in the application that closure and vacation of the described
street sections be conditioned upon the City of Roanoke reaching an agreement with
Norfolk and Southern Railway Company for the exchange of the properties.
Street sections requested for closure and vacation are located as follows:
Tract 1, - This is the area of Norfolk Avenue that is requested for closure and
vacation. This area is composed ora narrow strip of right-of-way lying on the north
side of Norfolk Avenue, beginning at a point just west of the southwest comer of the
intersection of Norfolk Avenue and Jefferson Street and terminating at a point just
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
Members of Council
Page 2
east of the intersection of Norfolk Avenue and Salem avenue S.E., (see attached map
A.).
Tract 3, - This is the area of Second Street S.W., that is requested for closure and
vacation. This area is a part of the old Second Street right-of-way that lead up to the
railway crossing from the south side of the railway tracks.
II. Current Situation:
Ao
Amended application to close and vacate certain portions of Norfolk Avenue and a
portion of the former Second Street S.W., was submitted on April 2, 1999.
Closure and vacation of the described sections of street right-of-way are related to the
proposed "Railway District" development, which is a part of the Outlook Roanoke
Plan. This is a long range plan for downtown Roanoke that was prepared in 1997 by
an architectural consultant for the City of Roanoke, Downtown Roanoke, Inc., and
the Roanoke Redevelopment and Housing Authority.
Co
Outlook Roanoke Plan advocates extending Norfolk Avenue to improve visibility
and provide an alternative address for development. However, at present there are
no plans to extend Norfolk Avenue behind the Virginia Museum of Transportation.
Planning Commission public hearing was held on May 5, 1999. Discussion centered
on the land "swap" between the City and Norfolk Southern as well as the possible
future closure of Norfolk Avenue. There was some discussion of proposed fencing
between the street closure property and the railroad property. The Commission
requested that the City provide additional information on the fencing to their agent
for approval in order to ensure aesthetic compatibility. There was no public
comment from the audience.
III. Issues:
A. Communi _ty impact.
B. Traffic impact.
C. Utilities in the public-right-of-way.
D. Creation of a dead end street.
E. Land use.
F. Relationship to the Comprehensive Plan.
Members of Council
Page 3
IV. Alternatives:
Approve the request to close and vacate the described portions of Norfolk Avenue
and Second Street, subject to certain conditions as set out in part V, of this report.
Communi _ty impact: Closure and vacation of the described portions of public
right-of-way will have no effect on the surrounding community.
Traffic impact: Closure and vacation will have no effect on traffic or traffic
needs in the area.
3. Utilities in the public right-of- way:
a. City has no utilities in the described rights-of-way.
bo
American Electric Power Company has facilities within the right-of-
way of Norfolk Avenue.
Creation of a dead end street: Closure and vacation of the street portions as
described in the application will not create a dead end street.
Land use: Closure and vacation of the described sections of street will create
nan'ow sub-standard parcels of land. Subdivision plat should be required to
ensure that such parcels will be combined with the adjacent and appropriate
properties.
Relationship to the Comprehensive Plan: Request is consistent with the
intent of the comprehensive plan that available land should be used in the
most appropriate manner.
B. Deny the applicant's request.
1. Community impact: Community will not be affected.
2. Traffic impact: Traffic will not be affected.
3. Utilities within the public right-of-way: Utilities will not be an issue.
4. Creation of a dead end street: This will not be an issue.
5. Land use: This will not be an issue.
6. Relationship to the Comprehensive Plan: This would not be an issue.
Members of Council
Page 4
Vo
By a vote of 6-0-1 (Mr. Rife abstaining), the Commission recommended approval of
Alternative A, thereby recommending that City Council approve the request to close and
vacate the described portions of Norfolk Avenue and Second Street, subject to the following
conditions:
Ao
The applicant shall submit 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, a subdivision plat, duly executed and signed by the owners of the
properties identified on the exhibit survey plat as "Tract 1", "Tract 2" and "Tract 3",
combining thereon 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 right of ingress and egress over the same, for the installation and
maintenance of any and all existing utilities that may be located within the right-of-
way.
Bo
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 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 the Clerk to effect such
recordation.
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, 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.
Do
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.
Eo
That the City and Norfolk Southem coordinate the fencing design with the Roanoke
City Architectural Review Board, which shall recommend an appropriate design to
the Agent to the Planning Commission for her approval, as requested by the Planning
Commission.
Members of Council
Page 5
ERT:mpf
attachment
cc: Assistant City Attomey
Petitioner
Respectfully submitted,
Barbara N. Duerk,-C~ai~~'~:?~ \
Roanoke City Planning Commission
MARY E PARKER, CMC/AAE
Cit3 Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke. Virginia 24011~1536
Telephone: (540) 853-254I
Fax: (540i 853-1145
SANDRA H. EAKIN
Deput.,, Cit'~ Clerk
April 13, 1999
File #514
Barbara N. Duerk, Chair
City Planning Commission
2607 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Duerk:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees
therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of
a First Amended Application from the City of Roanoke requesting that portions of Norfolk
Avenue extending in an easterly direction from Second Street, S. W., and a portion of
former Second Street, S. W., be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
- Evelyn $. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
~"Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
Ted Tucker, City Planner
FIRST AMENDED APPLICATION
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
APPLICATION OF THE CITY OF )
ROANOKE FOR VACATION OF )
PORTIONS OF NORFOLK AVENUE )
BETWEEN SECOND STREET, SW, )
AND WILLIAMSON ROAD, SE, )
AND A PORTION OF FORMER )
SECOND STREET. SW )
APPLICATION FOR
VACATING AND
CLOSING A PUBLIC
STREET
TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL:
(1) The City of Roanoke' ("Petitioner") applies to have portions of Norfolk
Avenue, SW, extending in an easterly direction from Second Street, SW, and a portion of
former Second Street, SW, in the City of Roanoke, Virginia, permanently vacated,
discontinued, and closed pursuant t6 Section 15.2-2006, Code of Virginia, and Section 30-14,
Code of the City of Roanoke (1979), both as amended. The portions of street right-of-way
to be closed are of variable length and width and lie generally between Second Street, SW,
and Williamson Road, SE, shown as Tract 1, containing 13,995 S.F., and Tract 3, containing
2,766 S.F. Both tracts being vacated are shown on Exhibit A (Plan No. 6334 P), Exhibit B
(Plan No. 6334M), Exhibit C (Plan No. 6334L), and Exhibit D (Plan No. 6334K), all
prepared by Hayes, Seay, Mattem & Mattem, Inc., dated January 18, 1999, and attached
hereto. The property to be conveyed by Norfolk Southern to the City, which is not a part of
this application for vacating and closing a public street, is shown for information purposes
only as Tract 2 on Exhibit A (Plan No. 6334P), Exhibit A-1 (Plan No. 63340), and Exhibit
A-2 (Plan No. 6334N). The property to be conveyed to the City has been tested for
environmental risks. Tests indicate that excavated materials would not be classified as
hazardous waste.
(2) Petitioner owns the adjacent property, dedicated right-of-way for Norfolk
Avenue, and has an informal agreement with Norfolk Southern for a mutually beneficial
exchange of property rights. This informal agreement proposes an exchange of Tracts 1 and
3 for Tract 2. Closure of these portions of right-of-way, Tracts 1 and 3, will permit this
exchange to take place, and will have no adverse effect on any property or owner. Closure
should be conditioned upon reaching an agreement with Norfolk Southern for the exchange
of property.
(3) A list of the property owners whose lots border or abut the subject street is
attached as Exhibit E.
WHEREFORE, the City of Roanoke, respectfully requests that the above-described
street be permanently vacated, discontinued and closed by the Council of the City of Roanoke
in accordance with Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City
of Roanoke, both as amended to date.
Date:
Respectfully submitted,
CITY OF ROANOKE, VIRGINIA
W. Robert Herbert
City Manager
I \ WI~DOC $~"E ' L TR ~S TREETSXRAfL S IDE~I.~'~¢-C OM PET ~
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~A~' . ~ 010L~07
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Map
A
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
April 27, 1999
File #514
SANDRA H. EAKIN
Deputy City Clerk
Katherine H. Strickland, Executive Director
Virginia Museum of Transportation
303 Norfolk Avenue, S. W.
Roanoke, Virginia 24011
Lloyd R. Clingenpeel, Senior Manager
Norfolk Southern Corporation
Real Estate and Contract Services
110 Franklin Road, S. E
Roanoke, Virginia 24011
Dear Ms. Strickland and Mr. Clingenpeel:
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, May
17, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke
City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the
request of the City of Roanoke that certain portions of Norfolk Avenue, S. VV., between
Second Street, S. VV., and Williamson Road, S. E., and a portion of former Second Street,
S. W., be permanently vacated, discontinued and closed.
If you would like to receive a copy of the report of the City Planning Commission, please
call the City Clerk's Office at 853-2541.
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 Community Development at 853-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Ad Number: 1133417
Publisher's Fee: $136.04
MARY F. PARKER, CITY CLE
215 CHURCH AVENUE, S.W.
ROANOKE, VA 24011
The Roanoke Times
STATE of VIRGINIA
CITY of ROANOKE
AFFIDAVIT of PUBLICATION
I, (the undersigned) an authorized
representative of the Times-World Cor-
poration, 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:
04/29/99 FULL RUN - Thursday
05/06/99 FULL RUN - Thursday
05/06/99 FULL RUN - Thursday
Witness, this 10th day of May 1999
Authorized Signature
~lmmml%mr m IIm mmm mmy
dly M AIxtl, ~
(1/J~417
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing on Monday, May 17,
1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber
in the Municipal Building, 215 Church Avenue, S.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:
Portions of Norfolk Avenue, S.W., extending in an easterly direction from
Second Street, S.W., lying generally between Second Street, S.W., and
Williamson Road, S.E., and a portion of former Second Street, S.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 29th day of.. April
,1999.
Mary F. Parker, City Clerk.
H:~NOTICEXNSC-NOKFK
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
April 13, 1999
File #514
Barbara N. Duerk, Chair
City Planning Commission
2607 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Duerk:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees
therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of
a First Amended Application from the City of Roanoke requesting that portions of Norfolk
Avenue extending in an easterly direction from Second Street, S. W., and a portion of
former Second Street, S. W., be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker', CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
· Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
Ted Tucker, City Planner
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN: '97 ~: "i'!
The Roanoke City Planning Commission will hold a public hearing on Wednesday,
May 5, 1999, 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. on the following:
Request from the City of Roanoke that certain portions of Norfolk Avenue, of variable
widths, extending in an easterly direction from Second Street, S.W., to Williamson Road,
S.E., and a portion of the former Second Street, S.W., be permanently vacated,
discontinued and closed.
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, April 20, 1999 and April 27, 1999
Please .bill:
Roanoke City Engineering Department
Room 350, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
853-2731
and 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)
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE STREET CLOSURE REQUEST OF:
City of Roanoke for portions of vacated 2nd Street and Norfolk
Avenue extending toward Williamson Road, S.E.
)
)Affidavit
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code
of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first-class mail on the 26th day of April, 1999, notices of a public hearing to be held on
the 5th day of May, 1999, on the closure captioned above to the owner or agent of the parcels listed
below at their last known address:
Parcel
1010140
N&W
Owner's Name
Virginia Museum of Transportation
Norfolk Southern Corporation
Real Estate and Contract Services
Attn.: Lloyd Clingenpeel
Mailing Address
303 Norfolk Avenue, SW
Roanoke, VA 24011
110 Franklin Road, SE
Roanoke, VA 24011
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 26th day of April, 1999.
Notary rubV)
My Commission expires:~ ~9~/// /qqq
FIRST AMENDED APPLICATION
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
APPLICATION OF THE CITY OF )
ROANOKE FOR VACATION OF )
PORTIONS OF NORFOLK AVENUE )
BETWEEN SECOND STREET, SW, )
AND WILLIAMSON ROAD, SE, )
AND A PORTION OF FORMER )
SECOND STREET, SW )
APPLICATION FOR
VACATING AND
CLOSING A PUBLIC
STREET
TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL:
(1) The. City of Roanoke ("Petitioner") applies to have portions of Norfolk
Avenue, SW, extending in an easterly direction from Second Street, SW, and a portion of
former Second Street, SW, in the City of Roanoke, Virginia, permanently vacated,
discontinued, and closed pursuant to Section 15.2-2006, Code of Virginia, and Section 30-14,
Code of the City of Roanoke (1979), both as amended. The portions of street right-of-way
to be closed are of variable length and width and lie generally between Second Street, SW,
and Williamson Road, SE, shown as Tract 1, containing 13,995 S.F., and Tract 3, containing
2,766 S.F. Both tracts being vacated are shown on Exhibit A (Plan No. 6334 P), Exhibit B
(Plan No. 6334M), Exhibit C (Plan No. 6334L), and Exhibit D (Plan No. 6334K), all
prepared by Hayes, Seay, Mattern & Mattern, Inc., dated January 18, 1999, and attached
hereto. The property to be conveyed by Norfolk Southern to the City, which is not a part of
this application for vacating and closing a public street, is shown for information purposes
only as Tract 2 on Exhibit A (Plan No. 6334P), Exhibit A-1 (Plan No. 63340), and Exhibit
A-2 (Plan No. 6334N). The property to be conveyed to the City has been tested for
environmental risks. Tests indicate that excavated materials would not be classified as
hazardous waste.
(2) Petitioner owns the adjacent property, dedicated right-of-way for Norfolk
Avenue, and has an informal agreement with Norfolk Southern for a mutually beneficial
exchange of property rights. This informal agreement proposes an exchange of Tracts 1 and
3 for Tract 2. Closure of these portions of right-of-way, Tracts 1 and 3, will permit this
exchange to take place, and will have no adverse effect on any property or owner. Closure
should be conditioned upon reaching an agreement with Norfolk Southern for the exchange
of property.
(3) A list of the property owners whose lots border or abut the subject street is
attached as Exhibit E.
WHEREFORE, the City of Roanoke, respectfully requests that the above-described
street be permanently vacated, discontinued and closed by the Council of the City of Roanoke
in accordance with Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City
of Roanoke, both as amended to date.
Date:
Respectfully submitted,
CITY OF ROANOKE, VIRGINIA
W. Robert Herbert
City Manager
2
I:\WPDOCS~R.E-LTR99\STREET SxlL&-ILSIDE~PLAN'COM'PET
Exhibit "E"
LIST OF ADJACENT PROPERTY OWNERS
Virginia Museum of Transportation
303 Norfolk Avenue, SW
Roanoke, VA 24011
Norfolk Southern Corporation
Attn: Lloyd Clingenpeel
Real Estate and Contract Services
110 Franklin Road, SE
Roanoke, Virginia 24011
Tax No. 1010140
No Tax No. (Tracks)
LINE ~'LAN NO. 655~-N
/
1
/
MARKET ST.i
Map
A
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 14, 1999
File #367
Mrs. Walker R. Carter
3804 Brandon Avenue, S. W.
Roanoke, Virginia 24018
Dear Mrs. Carter:
I am enclosing copy of Resolution No. 34327-060799 memorializing the late Walker R.
Carter, Jr. The Members of Roanoke City Council and the citizens of the City of Roanoke
send their deepest regrets upon the passing of Mr. Carter. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting which was held
on Monday, June 7, 1999.
Sincerely,
Mary F.
City Clerk
CMC/AAE
MFP:Io
Enclosure
IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34327-060799.
A RESOLUTION memorializing the late Walker R. Carter, Jr.
WHEREAS, the members of Council have learned with regret of the passing of Walker R. Carter,
Jr, on May 17, 1999;
WHEREAS, Mr. Carter served with distinction as Clerk of Circuit Court for the City of Roanoke
from 1961 to 1979;
WHEREAS, Mr. Carter was a charter member and past president of the Roanoke Civitan Club;
WHEREAS, Mr. Carter, in 1998, was honored as a Fellow of The Civitan International Research
Center for extraordinary contributions in leadership and community service; and
WHEREAS, this Council desires to take special note of the passing of this distinguished Roanoker;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Council adopts this resolution as a means of recording its deepest regrets at the passing
of Walker R. Carter, Jr.,, and extends to his family and friends the sympathy of this Council.
2. The City Clerk is directed to forward an attested copy of this Resolution to Mr. Carter's
widow, Mrs. Natalie DeHart Carter.
ATTEST:
City Clerk.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 14, 1999
File #367
Mrs. Maynard Law
1509 Lafayette Blvd., N. VV.
Roanoke, Virginia 24017
Dear Mrs. Law:
I am enclosing copy of Resolution No. 34328-060799 memorializing the late Dr. Maynard
Herman Law. The Members of Roanoke City Council and the citizens of the City of
Roanoke send their deepest regrets upon the passing of Dr. Law. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
IN THECOU-NCILOF THE CITY OF ROANOKE, VIRGINI&
The 7th day of June, 1999.
No. 34328-060799.
· A RESOLUTION memorializing the late Dr. Maynard Herman Law.
WHEREAS, the members of Council have learned with sorrow of the passing of Dr. Maynard Herman
Law, on May 20, 1999;
WHEREAS, Dr. Law, a native of Roanoke and product of the Roanoke City Schools, began the private
practice of medicine in 1935;
WHEREAS, Dr. Law engaged in private practice for 43 years, during which time he served as chief
of Surgery and Chief of Staff at Burrell Memorial Hospital;
WHEREAS, Dr. Law served as Commanding Officer of an overseas medical unit, for which assignment
he received a bronze star for meritorious service;
WHEREAS, Dr. Law rendered 15 years of medical service at the V.A. Medical Center in Salem;
WHEREAS, Dr. Law was a leader in the City's civil rights movement, and through the efforts of Dr.
Law and others in the movement the peaceful desegregation of many businesses in the Roanoke Valley
transpired;
WHEREAS, Dr. Law received many honors for his outstanding and dedicated service to the
community in medicine and civic leadership; and
WHEREAS, this Council desires to take special note of the passing of this distinguished Roanoker.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Council adopts this resolution as a means of expressing its most sincere regrets at the
passing of Dr. Maynard Herman Law, and extends to his family and friends the sympathy of this Council.
2. The City Clerk is directed to forward an attested copy of this Resolution to Dr. Law's widow,
Mrs. Vemice Law.
ATTEST:
City Clerk.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401'1-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 10, 1999
File #228-236
The Honorable Charles S. Robb
The Honorable John W. Warner
The Honorable Robert W. Goodlatte
The Honorable Frederick C. Boucher
Gentlemen:
I am enclosing copy of Resolution No. 34329-060799 urging the U. S. Congress to support
full funding of the Community Development Block Grant (CDBG) Program in 2000, at least
at the Fiscal Year 1999 level of $4.750 billion, as an investment in the future of America's
communities. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
Beverly Perry, Chair, CED Policy Committee, c/o National League of Cities, 1301
Pennsylvania Avenue, N. W., Washington, D. C. 20004-1763
James D. Grisso, Director of Finance
James D. Ritchie, Sr., Acting City Manager
Barry L. Key, Manager, Office of Management and Budget
The Honorable Charles S. Robb
The Honorable John W. Warner
The Honorable Robert W. Goodlatte
The Honorable Frederick C. Boucher
June 10, 1999
Page 2
pc~
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
Charles A. Harlow, Grants Monitor, Office of Grants Compliance
H :'~AGENDA99'~IUN 7. WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34329-060799.
A RESOLUTION urging the U. S. Congress to support full funding of the Community
Development Block Grant (CDBG) Program in 2000, at least at the Fiscal Year 1999 level of $4.750
billion, as an investment in the future of America's communities.
WHEREAS, the CDBG Program is celebrating its 25th year, and is the Federal government's
most successful domestic program, and its success is principally due to its utility and flexibility;
WHEREAS, the CDBG Program has previously provided cities and counties with annual
predictable levels of funding (with the exception of set-asides) to address their unique low and
moderate income neighborhood revitalization needs;
WHEREAS, the CDBG Program has moved people from dependency to self-sufficiency and
tax-paying status;
WHEREAS, the CDBG Program requires and fosters community participation in identifying
community needs and targeting resources;
WHEREAS, the CDBG Program promotes public/private partnerships which leverage
substantial private resources in affordable housing, and community and economic development;
WHEREAS, the CDBG Program fosters intergovermental and multi-jurisdictional
cooperation;
WHEREAS, based on the United States Department of Housing and Urban Development's
most recent report to Congress, between Fiscal Year 1993 and Fiscal Year 1996, an estimated 14 -
17 million households benefitted from the CDBG Program;
WHEREAS, during the same period the CDBG Program created 114,799 jobs through the
economic development programs it funded; and
WHEREAS, in Fiscal Year 1993 CDBG entitlement communities spent their CDBG grants
in the following manner: 35.8% for housing rehabilitation, assisting 200,000 households, 22.7% for
public works and infrastructure, 14% for monitoring and program administration, 12% for public
services, 7.3% for acquisition and clearance of property, 6% to prevent slums and blight and 6% for
economic development.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. This Council recognizes that the Federal government will have a budget surplus in
2000, and supports lifting the 1997 budget caps (PL 105-53) as they relate to the CDBG Program
when such surplus exists;
2. This Council urges the U. S. Congress to fully fund CDBG programs in the year
2000, at a minimum, at the Fiscal Year 1999 level of $4.750 billion as an investment in the future
of America's communities.
3. The City Clerk is directed to transmit this resolution to The Honorable Charles S.
Robb, Member, United States Senate, the Honorable John W. Warner, Member, United States
Senate, the Honorable Robert W. Goodlatte, Member, House of Representatives and the Honorable
Frederick C. Boucher, Member, House of Representatives, requesting their support for full funding
of the CDBG Program in 2000.
ATTEST:
City Clerk.
H:XMEASURF. S~.-CDBGNLC. 1
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I: 1536
Telephone: (540) 853-2541
Fax: {540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 10, 1999
File #178-228-236-450
The Honorable Robert W. Goodlatte
U.S. Representative, 6th District
123 Cannon House Office Building
Washington, D. C., 20515-4606
Members, United States House Commerce
Committee
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 34330-060799 urging the members of the United
States House Commerce Committee and the United States House of Representatives to
amend H.R.10 to modemize the Community Reinvestment Act (CRA) passed in 1977, in
order for the CRA to continue to be an important economic development tool to increase
home ownership and economic development in Iow income urban and rural communities.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
James D. Ritchie, Sr., Acting City Manager
James D. Grisso, Director of Finance
Phillip F. Sparks, Chief, Economic Development
Barry L. Key, Manager, Office of Management and Budget
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34330-060799.
A RESOLUTION urging the members of the United States House Commerce Committee
and the United States House of Representatives to amend H.R. 10 to modernize the Community
Reinvestment Act (CRA) passed in 1977, in order for the CRA to continue to be an important
economic development tool to increase home ownership and economic development in low
income urban and rural communities.
WHEREAS, since the Community Reinvestment Act (CRA) passed in 1977, it has
produced more than $1.4 billion in lending in underserved communities by FDIC-insured banks;
WHEREAS, the City of Roanoke has seen the revitalization of various areas of the City
due to CRA lending;
WHEREAS, the CRA should continue to be an important economic development tool to
increase home ownership and
communities;
WHEREAS, H.R. 10, the
modernization of the CRA so that
economic development in Iow-income urban and rural
Financial Services Modernization Act, should include
it can continue to cover lending and traditional banking
services whether performed by a bank or one of the new affiliates of the bank holding companies
which will be allowed to form with passage of H.R. 10;
WHEREAS, if CRA is not modernized to cover traditional lending and banking services
performed in the past only by banks, the new affiliates of bank holding companies will not be
covered by the CRA and could fail to provide services to low-income communities;
WHEREAS, banks that merge with insurance, securities and mortgage banking entities
will be permitted to shift their assets to their new affiliates, thus reducing the amount of capital
covered by the CRA;
WHEREAS, in order to modernize the CRA, H.R. l0 must be amended to require all
affiliates of the new bank holding companies that perform lending and banking services to be
covered by the CRA; and
WHEREAS, in order to increase access to credit for home ownership, automobile
ownership, and small business insurance products for underserved people, H.R. l0 should be
amended to require the insurance affiliates of the new bank holding companies to collect and
maintain data on the characteristics of their customers, including race, income, and the
neighborhoods in which they reside, to identify missed market oppommities in low-income
working class communities.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. City Council urges the members of the House Commerce Committee and the U.S.
House of Representatives to amend H.R. l0 in order to modernize and strengthen the CRA as set
forth above.
2. The City Clerk is directed to forward attested copies to members of the House
Commerce Committee and to The Honorable Robert W. Goodlatte, Member House of
Representatives.
ATTEST:
City Clerk.
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
June 10, 1999
File #178-228-236-450
The Honorable Robert W. Goodlatte
U.S. Representative, 6th District
123 Cannon House Office Building
Washington, D. C., 20515-4606
~~Members, United States House Commerce
Committee
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 34330-060799 urging the members of the United
States House Commerce Committee and the United States House of Representatives to
amend H.R.10 to modernize the Community Reinvestment Act (CRA) passed in 1977, in
order for the CRA to continue to be an important economic development tool to increase
home ownership and economic development in Iow income urban and rural communities.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc;
James D. Ritchie, Sr., Acting City Manager
James D. Grisso, Director of Finance
Phillip F. Sparks, Chief, Economic Development
Barry L. Key, Manager, Office of Management and Budget
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
iD strengthen
and promote
/- '~ cities as ceoters
of opponunitg.
leadership, and
governance.
National League
of Cities
1301 Pennsylvania Ave., NW.
Washington. D.C. 20004-1763
202-626.3000
Fax: 202-626-3043
Internet: www. nlc.org
1999 Officers
President
Clarence E. Anthony
Mayor. Sooth Bay. Florida
First Vice President
Bob Knight
Mayor, Wichita. Kansas
Second V~ce President
Dennis W. Archer
Mayor. Detroit, Michigan
Immediate Past President
Brian J. O'Neill
Councilman, Philadelphia,
Pennsylvania
Executive Director
Donald J. Borut
May 26, 1999
TO:
Community and Economic Development (CED)
Policy Committee Members
FROM:
Bev Perry, Chair of CED Policy Committee
Mayor Pro Tom of Brea, California
Enclosed Sample Resolutions on the Community Development
Block Grant (CI)BG) Program and the Community Reinvestment
Act (CRA)
At our recent meeting in Nashville, TN (May 20th - 22"a), the CED Steering
Committee passed the enclosed resolution in support of full funding of the
CDBG program. This resolution has now been forwarded to the National
League of Cities (NLC) Board of Directors for consideration at their summer
meeting in July in Boca Rotan, Florida.
Steering Committee members are also taking back to their respective Councils
for immediate consideration the enclosed sample resolutions supporting both the
CDBG program and the CRA, both of which are shortly coming up for review
and consideration in Congress.
I would like to ask that all CED Policy Committee members please read the en-
closed memo from Cameron Whitman and Scott Morals of NLC Staff, which
provides guidance and suggestions as to the actions that should be taken con-
coming these two very important items. I would also like to respectfully request
that all Policy Committee members please submit these sample resolutions to
your town/city councils for immediate consideration and that you please com-
municate with your U.S. Representatives and Senators on the importance of
these items as soon as possible.
I cannot emphasize enough how essential the continued viability of both CDBG
and CRA are to cities and towns across the country. If all CED Policy Committee
members take the steps as ootlined, then Congress will be sent a very strong mes-
sage from local government that these two programs are vital to municipalities.
II'you have any questions or concerns, please call Cameron Whitman or Scott
Morris of NLC's Policy and Federal Relations staff at (202) 626-3020. You can
e-mail Cameron at whitman~nlc, org or Scott at morris~nlc, org.
More information about the CED Steering Committee meeting will be contained
in articles in upcoming issues of Nations Cities Weekly and the Policy Informer.
Thank you for your help and consideration.
Enclosures (4)
Pa.~ Pres/dents: Glends F.,. Hoed, Ma/or, Odaode F[~de · Shaqm James, Ma/or, Neaark, Ne,,,: Jersa/· Gregory Laslmtha. Ma~o[ Columb~, f,,hi~ · Cathy Reynolds, C~ Cour~cil Prac~deta. Oer~;,-:r, Colorade· II/recline../hole Adamsen.
Counc*lrnao Las V~as. Nr~ade · Kenneth A, Aldefsen, [xacuh~e Oilactarr Ilbeois MuelSipai League · E. It. Alexender. Commiss~oue~, Re,t S[~ings, North Catalina * John IL A~lmws, [:~acuTive Oirecto~, Nm,,r gampsh;;o Municipa~ Assosia~ion
·lam¢ A. Bakken, Council Member, Golden Va~la/r Minnesota · James T. RenRem. ~oueci~man. Oatue adage, Louisraoa * George IL Blackw~ed, Jl. MEye115o Tern, Kansas Lit¥, Missal:ri · George A. Bmw'~ Jr. Councilmambe( L e:~togton-
[ayetle. [ent~.~ · Maxine Childmen 9rowe, C~lr, cilweman, flt'r..bestat New Y,:~. Jalm R I1~ CounoIman, Pontiac Michigan · Michael Cathe¥, Alderm3n, Seaatob,a. Mismsipg~ · Frank ClioIEO. Mayor Par~s. fllirmis * Hal Daub,
M~or, Omaha, Nebraska · Sue Oeoaldenn, C~t¥ Council President, 8o~a~le. Washington · ~ IL Dgeha!r, Ma',~r, Cambri~e, ~,~husetB * Re~ Gallegos, Councilman. Lo~omota, Colorado · Joim & Gamer.,h'. [ze~:utive Dlreclo~
Pesa~gNueia League ot C~t~es add Mue~cipalides · Nell G. Gildiaen. Mawr. lempe Arizona · 11mmas J. Gfady, ExacutNe Dire~t;r. Nevada League of Crties and Men~cipaht~es * Becky L Haskin. Council Mem~r, Fo1 Worth Te:~as · Patsy Jo
Hilliafd. May~ East Pelto. G~argia · MJe. heol Kenb, ~:e Mawr, Little flock. ~rkansas * Jack LwIch, Chief Exec~ive. B~Jtta Montana · IlalTiet Miller, Me/or, Santa Barbara [,a[ifora~a ° Jafens £ Mille*, [xacut~,.e D~actor. League o~ Mmneset2
Cibes · Undo A. Moftorl, Maym. Lakewl~od, Oelorado · William A. Meter. Executl,.'e. Dilacloi. Oklahoma Mumcipal League · Jim Nee§lo. Mayer, [afl Laudeldele. [to-ida · Leu Ogden, Ma/or TuataIin, Oregon · Jaeny Ompeza, Cuencrlmember
rang 9aach. California · Willie J, ~ Coaac~I Member Wilsm North Carobea · Ma~ C. Peas, Mayor Pro Tern, Dallas, Texas * Rebecca J. Ravine, C~)uoci! Pres,deaL Fort W,h'ne. I~iana · Johnmf Robins, on, Cr~mlmember Co!logo Park
URGENTMEMO
TO:
CED Policy Committee
DATE: May 26, 1999
FROM:
Scott Morris and Cameron Whitman
National League of Cities, Policy and Federal Relations
SUBJECT:
Attached are sample CDBG and CRA Resolutions adapted for consideration and
passage by your city council.
Background on CRA
The House Commerce Committee is expected to mark up H.R. 10, the Financial Services
Modernization Act of 1999, the week of June 7, 1999. NLC believes that H.R. 10 must
be amended in the House Commerce Committee, or on the floor of the House, for it to
adequately update and modernize the Community Reinvestment Act (CRA) so it will
cover traditional banking services of the new affiliates of bank holding companies which
will be created with passage of H.R. 10. Without modernizing the CRA at the same time
Congress modernizes financial services, banks would be able to shift their assets to their
insurance, securities and mortgage banking affiliates. This would reduce the amount of
capital covered by the CRA which requires banks to lend in the areas where they take
deposits, particularly low-income and underserved communities. NLC also supports
another amendment to H.R. 10 that would require insurance companies to collect data on
the demographic characteristics of its clients who buy insurance products. This would
include information on race and gender and other demographic indicators. This
information would help these companies identify missed market opportunities and
encourage them to expand their activities to low-income minority communities. See
ACTION request for CRA below.
Background on 2000 CDBG Funding
The 2000 appropriations allocations for the House of Representatives have been handed out to
the 13 House appropriations subcommittees. The amount of the allocation for the Veterans
Administration, the Department of Housing and Urban Develop,m_e, nt and Independent Agencies
Subcommittee (VA/HUD and IA) is $5.8 billion below last year s level which could have
dramatic consequences for CDBG and the other HUD programs. Staff on the subcommittee
have said if their allocation is not increased CDBG would have to be cut next year by $1.4
billion. This would be more than a 30 percent cut. We await details on the other HUD programs.
The final Senate allocation is expected to be closer to $10 billion less than provided last year
which would have devastating consequences for HUD. There are several reasons for these
proposed cuts in subcommittee allocations. Congress passed the balanced budget agreement in
1997, and established fixed funding caps for federal discretionary programs. The Republicans
also want to increase spending for the defense department and pass a large tax cut of as much as
$800 billion over ten years. Therefore, without lifting the caps now that we have a budget
surplus, and dispensing with large tax cuts, cities could see major cuts in HUD programs. See
ACTION request for CDBG below.
ACTION is needed on the CRA Resolution b,~ June 1-
1.)
Please call or meet with your member of the House of Representatives and urge him/her to
actively support modernization of the CRA by passing the amendments suggested in the
resolution.
2.) Please fax the CRA resolution to as many members of the House Commerce Committee (list
attached) as possible and to your member of the House of Representatives.
3.) Send copies of your CRA resolution to your two U.S. Senators.
ACTION on CDBG funding for 2000 is needed as soon as pogs]ble:
1.) Please call or meet with your Representative as soon as possible and communicate the
importance to your city of full CDBG funding in 2000.
2.) Please send letters and your CDBG resolution to your congressional delegation, both your
Representative and your two U.S. Senators.
3.) Please send copies of the CDBG resolution to President Clinton and the Republican and
Democratic leadership of the House and Senate listed below:
CRA MODERNIZATION MUST BE INCLUDED IN ANY
FINAL FINANCIAL SERVICES MODERNIZATION LEGISLATION
WHEREAS, since the Community Reinvestment Act (CRA) passed in 1977, it has
produced more than $1.4 billion in lending in underserved communities by
FDIC-insured banks; and
WHEREAS, the City of ................. has seen the revitalization of .............. due to
CRA lending; and
WHEREAS, the CRA should continue to be an important economic development tool to
increase homeownership and economic development in low-income urban
and rural communities; and
WHEREAS, H.R. 10, the Financial Services Modernization Act, should include
modernization of the CRA so that it continue to cover lending and
traditional banking services whether performed by a bank or one of the new
affiliates of the bank holding companies which will be allowed to form with
passage of H.R. 10; and
WHEREAS, if CRA is not modernized to cover traditional lending and banking services
performed in the past only by banks, the new affiliates of bank holding
companies will not be covered by the CRA and could fail to provide
services to low-income communities; and
WHEREAS, banks that merge with insurance, securities and mortgage banking entities
will be permitted to shift their assets to their new affiliates, thus reducing
the amount of capital covered by the CRA.
NOW, THEREFORE BE IT RESOLVED that the City Council of .............. strongly
urges the members of the House Commerce Committee and the U.S. House
of Representatives to amend H.R. 10 to modernize the CRA; and
THEREFORE BE IT FURTHER RESOLVED that to modernize the CRA, H.R. 10 must
be amended to require all affiliates of the new bank holding companies that
perform lending and banking services to be covered by the CRA; and
THEREFORE BE IT FURTHER RESOLVED that to increase access to credit for
homeownership, automobile ownership, and small business insurance
products for underserved people, H.R. 10 must be amended to require the
insurance affiliates of the new bank holding companies to collect and
maintain data on the characteristics of their customers, including race,
income, and the neighborhoods in which they reside, to identify missed
market opportunities in low-income working class communities.
SUPPORT FOR FULL FUNDING OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM IN 2000
WHEREAS, the Community Development Block Grant (CDBG) is celebrating its 25th
year; and
WHEREAS, CDBG is the Federal Government's most successful domestic program; and
WHEREAS, CDBG's success is principally due to its utility and flexibility; and
WHEREAS,
CDBG has previously provided cities and counties with annual predictable
levels of funding (with the exception of set-asides) to address their unique
low- and moderate-income neighborhood revitalization needs; and
WHEREAS, CDBG has moved people from dependency to self-sufficiency and tax-
paying status; and
WHEREAS, CDBG requires and fosters community participation in identifying
community needs and targeting resources; and
WHEREAS,
CDBG promotes public/private partnerships which leverage substantial
private resources in affordable housing, and community and economic
development; and
WHEREAS, CDBG fosters intergovernmental and multi-jurisdictional cooperation;, and
WHEREAS, based on HUD's most recent report to Congress, between FY 1993 and FY
1996, an estimatedl4 - 17 million households benefited from the CDBG
program; and
WHEREAS, during the same period CDBG created 114,799 jobs through the economic
development programs it funded; and
WHEREAS, in FY 1993 CDBG entitlement communities spent their CDBG grants in the
following manner:
35.8 percent for housing rehabilitation, assisting 200,000 households,--
22.7 percent for public works and infrastructure,
14 percent for monitoring and program administration,
12 percent for public services,
7.3 percent for acquisition and clearance of property,
6 percent to prevent slums and blight, and
6 percent for economic development.
Page 2 of CDBG Resolution tt/j?,~ i '
NOW, THEREFORE BE 1T RESOLVED that the National League of C~t~es recogmzes that the Federal Government will have a budget surplus in 2000; and
BE IT FURTHER RESOLVED that NLC supports lifting the1997 budget caps (PL 105-
53) when a surplus exists; and
BE IT FURTHER RESOLVED that NLC urges the U.S. Congress to fully fund CDBG in
the year 2000, at a minimum, at the FY 1999 level of $4.750 billion as an
investment in the future of America's communities.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 14, 1999
File #67
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 7, 1999, Council Member Hudson referred to complaints by citizens who are unable
to contact the City's Weed Control Coordinator by telephone and inquired if telephone calls
can be forwarded to a City employee for response when the Weed Control Coordinator is
out of the office.
It was the consensus of Council that the request would be referred to the Acting City
Manager for appropriate response.
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
William F. Clark, Director, Public Works
John W. Coates, Manager, Parks and Recreation
Barry K. Stacy, Weed Control Coordinator, Department of Parks and Recreation
H :~AGENDA99~VIJN7, WPD
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 14, 1999
File #184-185
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 7, 1999, Council Member White requested a briefing with regard to appointr~ent by
the Acting City Manager of an internal team of City employees to work with the year 2000
national census to ensure that every citizen of the City of Roanoke is counted in the
upcoming census.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
H:XAGENDA99~JUN7.WPD
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 14, 1999
File #67-144
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 7, 1999, Council Member Swain expressed concern with regard to the cleanliness of
the City and reiterated previous remarks as to the need for a public education campaign
regarding the cost to the taxpayers of Roanoke to remove litter from streets. He suggested
billboard advertising and soliciting input/participation from students as to how to address
the problem.
Council Member Swain suggested that the City explore the feasibility of using small
business contractors or inmates from the Roanoke City jail to address the problem of weed
control/overgrown lots.
It was the consensus of Council that the remarks would be referred to the Acting City
Manager for appropriate response.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
The Honorable George M. McMillan, Sheriff
William F. Clark, Director, Public Works
John W. Coates, Manager, Parks and Recreation
H :L~.GEND A99'dUN7. WPD
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 14, 1999
File #2-392
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34331-060799 affirming the intent of the Council of
the City of Roanoke to provide for acquisition of property rights needed by the City for
Railside Linear Park-Phase I; setting a certain limit on the consideration to be offered by
the City; providing for the City's acquisition of such property rights by condemnation, under
certain circumstances; and authorizing the City to make motion for the award of a right of
entry on any of the parcels for the purpose of commencing the project. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, June 7, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Mr. and Mrs. James D. Leonard, 1935 Hope Road, S. W., Roanoke, Virginia 24018
David O. Williamson, Attorney, representing Mr. and Mrs. Robert E. Zimmerman,
302 Washington Avenue, S. W., Roanoke, Virginia 24016
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
Charles M. Huffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
H:'~GENDA99'~IUN7. WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of June, 1999.
No. 34331-060799.
AN ORDINANCE affirming the intent of the Council of the City of Roanoke to provide for
the acquisition of property rights needed by the City for Railside Linear Park - Phase I; setting a
certain limit on the consideration to be offered by the City; providing for the City's acquisition of
such property rights by condemnation, under certain circumstances; authorizing the City to make
motion for the award of a right of entry on any of the parcels for the purpose of commencing the
project; and providing for an emergency.
WHEREAS, the Council of the City of Roanoke authorized acquisition of the necessary
property rights for Railside Linear Park by negotiation or eminent domain on October 7, 1996 by
Ordinance No. 33148-100796;
WHEREAS, the Council of the City of Roanoke has been able to reach negotiated
agreements with Cynthia Gardner Cassell, Betty M. Branch, Two B Investments, Carl B. and Leola
B. Flora, Trustees, and Norfolk Southern;
WHEREAS, the City is still negotiating with the remaining property owners as identified in
an attachment to the June 7, 1999 report to the Council of the City of Roanoke;
WHEREAS, this is an important City project and negotiations with property owners must
be finalized in order for this project to proceed; and
WHEREAS, the Council of the City of Roanoke wishes to reaffirm the necessity of acquiring
the appropriate interests from the remaining property owners by either negotiation or condemnation,
if necessary.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. For Railside Linear Park - Phase I, the City wants and needs all property rights
necessary for the construction of the project as identified in the report to the Council of the City of
Roanoke dated June 7, 1999. The proper City officials are authorized to acquire for the City from
the respective owners the necessary interests, for such consideration as the City Manager may deem
appropriate, subject to the limitations set forth in Ordinance No. 33148-100796, and subject to
applicable statutory guidelines.
2. Should the City be unable to agree with the owner of any real estate in which an
interest is required or should any owner be a person under a disability and lacking capacity to convey
real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and
directed to institute condemnation or legal proceedings to acquire for the City the appropriate
property fights so that this project may proceed expeditiously.
3. In instituting or conducting any condemnation proceeding, the City Attorney is
authorized to make motion on behalf of the City for entry of an order, pursuant to {}25-46.8, Code
of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing
the project. The Director of Finance, upon request of the City Attorney, shall be authorized and
directed to drawn and pay into court the sums offered to the respective owners.
4. This ordinance is intended to affirm the authority set forth in Ordinance No. 33148-
100796, adopted on October 7, 1996, and nothing in this ordinance shall be construed to repeal or
negate any authority granted by that ordinance.
5. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
H:\O R.D-GENXO-RSLW-AFFIRM
June 7, 1999
Council Report No. 99-110
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
SUBJECT:
REMAINING PROPERTY RIGHTS ACQUISITION
RAILSIDE LINEAR PARK- PHASE I
aJ~.~lZQ~jQ.d_ in chronological order is as follows:
City Council authorized acquisition of the necessary property rights for the
project by negotiation or eminent domain on October 7, 1996, by Ord. No.
33148-100796.
The project will enhance the public's accessibility to downtown attractions
by providing a connection between the market area and the
Transportation Museum.
II.
Current Situation is as follows:
re_~g[~e/]3A¢~ with the property owners of eight parcels have been reached.
Deeds have been recorded for the necessary property rights on seven
parcels. (See attached list)
Negotiations are currently underway with the remaining property owners,
two of whom are related by virtue of having one common owner, and are
challenging the time elapsed since Council's action, which was taken over
two and one half years ago.
Honorable Mayor and Members of City Council
REMAINING PROPERTY RIGHTS ACQUISITION
RAILSIDE LINEAR PARK - PHASE I
June 7, 1999
Page 2
III.
Issues in order of importance are:
A. .Need
B. Timing
C. Funding
IV.
Alternative___ _s in order of feasibility are:
.City Council affirms its intent to authorize the City Manager to take
appropriate action to acquire all property rights necessary for the
construction of the project, in a form acceptable to the City Attorney. Said
property rights may be acquired by negotiation or eminent domain and
include fee simple, permanent easements, temporary construction
easements, rights-of-way, licenses or permits, etc. and indemnification of
Norfolk Southern of liability related to such construction, removal,
replacement, and maintenance.
Need for property rights acquisition has been established by
development of construction plans.
Timing to affirm Council's intent to acquire property rights, by
eminent domain if necessary, is critical to avoid further delay in
construction of the project.
Funding is available in Railside Linear Park - Phase II account
number 008-052-9717-9050, as a result of City Council's previous
appropriation.
Bo
City Council does not affirm its intent to authorize the City Manager to take
appropriate action to acquire all property rights necessary for the
construction of the project, in a form acceptable to the City Attorney.
.Need for property rights acquisition established by development of
construction plans would not be met.
Honorable Mayor and Members of City Council
REMAINING PROPERTY RIGHTS ACQUISITION
RAILSIDE LINEAR PARK- PHASE I
June 7, 1999
Page 3
.Timing to affirm Council's intent to acquire property rights, by
eminent domain if necessary, to avoid further delay in construction
of the project would not be met.
3. ~ would remain in the account.
V. .Recommendation is as follows:
City Council concurs with alternative "A" and authorizes the City Manager to take
appropriate action in order 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 by negotiation or eminent domain
and include fee simple, permanent easements, temporary construction easements,
rights-of-way, licenses or permits, etc.and indemnification of Norfolk Southern of
liability related to such construction, removal, replacement, and maintenance.
Respectfully submitted,
Acting City Manager
JDR/KBK/SEF
Attachment
CC:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
Budget Administrator
City Engineer
Engineering Coordinator
RAILSIDE LINEAR WALK PROPERTIES
Tax No.
1010301
1O1O3O2
1010303
1O1O3O4
1010305
1010306
1010307
1010308
1010309
1010310
1010311
N/A
Owner
Cassell, Cynthia Gardner
Cassell, Cynthia Gardner
Cassell, Cynthia Gardner
Leonard, James D. & Vicki H.
Branch, Betty M.
Zimmerman, Robert E. & Lynn F.
Zimmerman, Robert & Hagen, John
Two B. Investments
Schwendeman, Thomas & James
Flora, Carl B. & Leola B., Trst.
Flora, Carl B. & Leola B., Trst.
Norfolk Southern
Agreement
Reached
Yes
Yes
Yes
No
Yes
No
No
Yes
No
Yes
Yes
Yes
Deed
Recorded
Yes
Yes
Yes
No
Yes
No
No
Yes
No
Yes
Yes
No