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HomeMy WebLinkAboutCouncil Actions 12-12-94 Sp SPECIAL SESSION ROANOKE CITY COUNCIL AND ROANOKE CITY SCHOOL BOARD Decem~r 12, 1994 12:30 p.m. AGENDA o e Call to Order. Roll Call of Council Members. Roll Call of School Board Members. Invocation. Welcome and Introductory Remarks. Mayor Bowers. Introductory Remarks. Chairperson Harris. Review of 1995 Legislative Program. a. Mandates (page 1). Vice-Mayor Edwards. b. Full Funding of State Mandated Education /,/ Standards of Quality (page 2). School Board. Programs, Including Special Needs of Central Cities Without Annexation Power (page 5). Council Member McCadden. d. Economic Development (page 6). Vice-Mayor Edwards. Educational Priority - School Opening Date (pages 9 - 13). School Board. ge je ne Oe ne ro se te Business License Tax (page 13). Mr. Herbert. Constitutional Officers - Funding (page 13.) Vice-Mayor Edwards. Interstate 73 (page 13). Council Member White. Transportation - Improved Access to Blacksburg/Virginia Tech (page 14). Council Member White. Jail - Staffing Requirements of Expanded City Jail (page 15). Council Member Wyatt. Jail - Funding of Educational Programs (page 15). Council Member Wyatt. Nursing Home (page 16). Council Member White. Law Library (page 16). Vice-Mayor Edwards. Virginia Museum of Transportation (page 16). Mayor Bowers. Eviction of Tenants - Costs of Removing and Disposing of Personal Property (page 17). Council Member McCadden. Bingo - Regulation in General (page 17.) Council Member Bowles. Bingo - Regulation of Manufacturers and Distributors of Bingo Supplies (page 18). Council Member Bowles. Virginia Housing Development Authority - Local Governing Body Approval of Projects (page 18). Council Member Bowles. Tax Collection Procedures - Suspension of Collection Procedures During Administrative Appeal (page 19). Council Member Parrott. Virginia Public Employees Retirement Systems - Portability of Benefits (page 19). Council Member Parrott. 2 10. 11. 12. 13. 14. u. Curfew Violations (page 20). Council Member Wyatt. v. Change Orders on Construction Contracts (page 22). Mr. Dibling. w. Handguns in Public Parks (page 22). Mr. Dibling. Recognition of Co-Chairpersons of Legislative Committee for remarks. Recognition of City Council and School Board Members for any additional remarks. Remarks by City Manager. Remarks by School Superintendent. Recognition of the Roanoke Valley's Representatives to the 1995 Session of the General Assembly for remarks. Concluding remarks and invitation to VML Legislative Day on Thursday, February 9, 1995. Mayor Bowers. Adjournment. 3 DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011- ! 594 Telephone: (703) 981-2444 December 8, 1994 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Section 10, Meetings of Council, of the Roanoke City Charter, I am calling a special meeting of the Roanoke City Council for Monday, December 12, 1994, at 12:30 p.m., in the Social Services Conference Room, Room 306, Municipal North. The purpose of the meeting will be to meet with the Roanoke City School Board and the City's delegation to the 1995 Session of the Virginia General Assembly to discuss the City's proposed 1995 Legislative Program. Lunch will be served at 12:30 p.m., and the meeting will convene immediately thereafter. Also in attendance will be the Honorable H. Morgan Griffith and the Honorable C. Richard Cranwell, Members of the House of Delegates. Best personal regards. Sincerely, ~avid A. Bowers Mayor DAB: sm pc: W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney William X Parsons, Assistant City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Robert H. Bird, Municipal Auditor Willard N. Claytor, Director of Real Estate Valuation WILBURN C. DIBMNG, JR. CITY A'I-rORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE. SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-9~1-2431 TELECOPIER: 703-224-3071 December 7, 1994 WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN M&RIE KRONAU GLADYS I.. YATES ASSISTANT CITY ATTORNEYS The Honorable Chairman and Members Roanoke City School Board Roanoke, Virginia Re: 1995 Leqislative Proqram Ladies and Gentlemen: I am pleased to enclose a final copy of the 1995 Legislative Program for City Council and the School Board. The Legislative Program includes all those items adopted by the School Board at its meeting of November 8, 1994, and the Program was formally adopted by City Council at its meeting of November 28, 1994. Typically, the members of City Council and the members of the School Board have divided up the various items in the Program for presentation to the legislators. Mr. Kelley has agreed to coordinate with the Chairman of the School Board and provide a list of School Board Assignments. As you have been previously advised, the Legislative Meeting will be held at 12:30 p.m. on December 12, 1994, in the Social Services Conference Room, Room 306, Municipal North. I hope that each of you will be able to be in attendance at this important meeting. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:f cc: The Honorable David A. Bowers, Mayor Wa~ryObert Herbert, City Manager F. Parker, City Clerk E. Wayne Harris, Superintendent Richard L. Kelley, Assistant Superintendent'for Operations WILBURN C. DIBMNG, JR. CiTY A'i~'Ofl N E Y CITY OF ROANOKE OFFICE OF CITY ATTORNE 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703..g81-2431 TELECOPIER: 703-224-3071 December 7, 1994 WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU GLADY$ L YATES ASSISTANT CITY ATTORNEYS The Honorable Brandon Bell Member, Senate of Virginia 3721 Franklin Road, S.W, Suite 1 Roanoke, Virginia 24014 The Honorable Malfourd W. Trumbo Member, Senate of Virginia P. O. Box 44 Fincastle, Virginia 24090 The Honorable C. Richard Cranwell Member, House of Delegates P. O. Box 459 Vinton, Virginia 24179 The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 The Honorable Clifton A. Woodrum, III Member, House of Delegates P. O. Box 1371 Roanoke, Virginia 24007 The Honorable H. Morgan Griffith Member, House of Delegates P. O. Box 1250 Salem, Virginia 24153 Gentlemen: Re: Legislative Meetinq I am pleased to enclose a copy of the 1995 Legislative Program for the City of Roanoke. This is a joint Legislative Program for the City Council and School Board. I know that you have previously placed on your calendars the Legislative Meeting which will be held at 12:30 p.m. on December 12, 1994, in the Social Services Conference Room, Room 306, Municipal North. Members of City Council and the School Board, as well as myself, look forward to seeing you at our annual meeting. Messrs. Bell, Trumbo, Cranwell, Thomas, Woodrum and Griffith December 7, 1994 Page 2 With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:f Enclosure cc: The Honorable David A. Bowers, Mayor W~ryObert Herbert, City Manager F. Parker, City Clerk E. Wayne Harris, Superintendent Richard L. Kelley, Assistant Superintendent for Operations WILBURN C. DIBUNG, JR. CiTY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-981-2431 TELECOPIER: 703-224-3071 December 7, 1994 WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU GLADYS L. YATES ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 1995 Leqislative Program Dear Mayor Bowers and Council Members: I am enclosing a final copy of the City's 1995 Legislative Program which was adopted by City Council on November 28, 1994. Typically, the various items in the Legislative Program have been divided up among the Council members for presentation to our legislators. The Legislative Committee requested that this procedure be followed again this year and that the Mayor make the assignments. I am providing with this letter a list of Mayor Bowers' assignments. As you know, our Legislative Meeting is scheduled for 12:30 p.m. on December 12, 1994, in the Social Services Conference Room, Room 306, Municipal North. Mary Parker advises me that all the invited legislators have responded affirmatively except for Senator Trumbo. Should you have any questions about the subject matter of your assignment, please contact me immediately. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:f Enclosure/s cc: ~Robert Herbert, City Manager p/Mary F. Parker, City Clerk ASSIGNMENTS FOR LEGISLATIVE MEETING DECEMBER 12, 1994 Presenter Item Page Edwards ~ Mandates 1 School Board Full funding of State-mandated education 2 programs McCadden Special needs of Central Cities 5 Edwards Economic Development 6 School Board Education Priority thru School Opening Date 9-13 Herbert Business License Tax 13 Edwards Constitutional Officers - funding 13 White 1-73 13 White Transportation - Imp. Access to Blacksburg/VT 14 Wyatt Jail - Staffing Requirements 15 Wyatt Jail - Funding of Educational Programs 15 White Nursing Home 16 Edwards ~ Law Library 16 Mayor Va. Museum of Transportation 16 McCadden Eviction of Tenants 17 Bowles Bingo - Regulation in General 17 Bowles Bingo - Regulation of Manufacturers 18 Bowles VHDA - Local gov. body approval of projects 18 Parrott Tax Collection Procedures - Suspension of 19 collection procedures Parrott Va. Pub. Emp. Retirement Systems - Portability 19 Wyatt Curfew violations 20 Dibling Change Orders on Construction Projects 22 Dibling Handguns in Public Parks 22 J. BRANDON BELL 21 ST SENATORIAL DISTR~CT COUNTY OF ROANOKE, EASTERN PART: CITY OF ROANOKE 372! FRANKLIN ROAD SUITE ! ROANOKE. VIRGINIA 24014 SENATE OF VI RGI NI-A COMMITTEE ASSIGNMENTS: COMMERCE ANOLABOR EDUCATION AND HEALTH LOCAL GOVERNMENT December 12, 1994 The Honorable David A. Bowers Mayor of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Mayor Bowers, As you are already aware, I have been approached by several of my constituents that are very interested in having a referendum put before the citizens of Roanoke concerning a modified ward system. As per their request I have received information from Legislative Services concerning the available options. I was informed that there is currently no provision in state law that would allow citizens to initiate a change to the method of electing city officials. Without such a provision, the preferred alternative would be to pursue a change to Roanoke's charter. This change could outline and detail any specifics necessary to~ implement the referendum. I have enclosed a letter I received that covers further detail on this subject. Subsequent to this letter I have had several conversations with the legal staff of Legislative Services to clarify the proper approaches. After discussing this issue with my constituents, I feel that it is a matter that warrants my attention. I am wilhng to introduce legislation changing the Roanoke City charter calling for a referendum on a modified ward system. Since I feel it imperative that no such change be implemented without support of a majority of Council members, I would prefer a formal endorsement from Council. In order to prepare the legislation, I respectfully request your letting me know the direction you wish to take before Tuesday, January 3. "NOT PRINTED AT STATE EXPENSE" This is an issue that should be approached very carefully. It should be done with the utmost of concern for om' citizens and their ~ht to have the form of representation they desire. I look forward to receiving yom' position and direction concerning this matter. Please feel free to contact me at (703) 342-8053. Sincerely yom's, CC~ Members of Council Bob Herbert Wil Dibling J. Brandon Bell E. M. MILLER, JR, DIRECTOR COMMONWEALTH OF DIVISION OF LEGISLATIVE VIRGI.NIA SERVICES GENERAL ASSEMBLY BUILDING 910 CAPITOL STREET. 2ND FLOOR RICHMOND. VIRGINIA 23219 (804) 786-3591 FAX (804) 371-0169 November 14, 1994 The Honorable J. Brandon Bell 3721 Franklin Road, Suite 1 Roanoke, Virginia 24014 Re: Roanoke City Council Dear Senator: You asked for background on the steps which must be taken to shift from an at-large election system to a ward system for the City of Roanoke. The present City Charter specifies that the Council will be elected at large and for staggered terms. City Charter, § 4. The mayor and three council members will be elected in 1996 for four years and three council members will be elected in 1998 for four years. Roanoke's Charter requires at-large elections for the Council and overrides general law provisions which authorize city councils to establish and set the number of wards for cities. See § 15.1-803. The first step to change to a ward system for the City would be to amend or override the Charter provision for at-large elections. Under Title 15.1 procedures (Chapter 17, § 15.1-833 et seq.), the City can request a charter change after a referendum or after a public hearing. It would also be possible for the General Assembly to initiate the change by a charter amendment or a separate statute to require a ward system for the City. My understanding is that the preferred and usual approach is a city-initiated request for a charter change. The law (whether a charter amendment or separate statute) which changes the City's at- large system to a ward system must be submitted to the United States Department of Justice under § 5 of the Voting Rights Act for review and approval. Any change in law which affects the election of the Council must be cleared under § 5 before it can be implemented. (There is an alternate submission procedure through the District of Columbia District Court, but it is rarely used because of the time and expense involved.) After the General Assembly provides for the ward system, the next step is to draw the ward boundaries. This job is assigned to City Council by Article VII, Section 5, of the Virginia Constitution. The Code sets out procedures for councils to draw wards in Title 15.1. See § 15.1- 37.4 et seq. and § 15.1-803 et seq. The Council establishes ward boundaries by ordinance subject to the usual notice and public heating requirements. The Honorable J. Brandon Bell November 14, 1994 Page 2 After the ordinance is enacted, the City would then submit the ordinance and the ward boundaries to the Department of Justice for § 5 Voting Rights Act clearance before elections could be held to elect council members from the new wards. You asked about the establishment of a reapportionment commission. I believe a number of governing bodies may appoint an advisory reapportionment commission or committee to assist in drawing lines. These advisory groups are neither required nor prohibited by state law. Under the Constitution and Code, however, the Council has the responsibility to establish ward boundaries and would have the final say in the ordinance. One issue to be considered is whether the City wishes to continue staggered terms and how the City wants to phase in a ward system. Your letter was assigned a draft number (LD1035611) for the 1995 Session. I'll hold the file without starting a draft charter change until you give further instructions. If the City or you do wish to proceed, we'll be glad to assist with the draft. One caution--charter changes must be introduced the first day of the session. Please let me know if you have any questions. Sincerely, Mary R. Spain Staff Attorney DLS/mrs