HomeMy WebLinkAboutCouncil Actions 11-18-02
HARRIS
36125-111802
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 18,2002
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1. Call to Order--Roll Call.
(Council Member Dowe was absent.)
The Invocation was delivered by The Reverend Earl Robertson, Pastor,
Roanoke First Church of the Nazarene.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday,
November 21, 2002, at 7:00 p.m., and Saturday, November 23, 2002, at
4:00 p.m. Council meetings are now being offered with closed captioning for
the hearing impaired.
1
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE
THE CITY COUNCIL AGENDA AND RELATED
COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR
REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED
IN OBTAINING A COpy OF ANY ITEM LISTED ON THE AGENDA
MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C.
T A YLORMUNICIP AL BUILDING, 215 CHURCH AVENUE, S. W., OR
CALL 853-2541.
THE CITY CLERK'S OFFICE NOW PROVIDES THE MAJORITY OF
THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING
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CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON
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ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE
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ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY
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WWW.ROANOKEGOV.COM. TO OBTAIN AN APPLICATION.
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2. PRESENTATIONS AND ACKNOWLEDGMENTS:
Shining Star Awards were presented to the Roanoke Valley Mopar Club
and Ms. J anine Palma M. VanDenBerg.
File #80
Proclamation declaring the week of November 24 - 30, 2002, as Roanoke
Family Week.
File #3
Presentation by The Roanoke Dazzle. Joe Preseren, Team President; Kent
Davison, Head Coach; and DAZZ, Mascot.
File #388
3.
CONSENT AGENDA
(APPROVED 6-0)
(Item C-8 was withdrawn from the Consent Agenda)
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.
C-l Minutes of the regular meeting of City Council held on Monday,
October 3, 2002, and recessed until Sunday, October 6, 2002.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
C-2 A communication from Mayor Ralph K. Smith requesting that Council
convene in a Closed Meeting to discuss vacancies on authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-
3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #110-132
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C-3 A communication from Council Member William H. Carder requesting
that Council convene in a Closed Meeting to discuss a special award, being the
Shining Star Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia
(1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #80-132
C-4 A communication from the City Manager requesting that Council
convene in a Closed Meeting to discuss acquisition of real property for public
purpose, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the City, pursuant to Section
2.2-3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #2-104-132-166
C-5 A communication from the City Attorney requesting that Council
convene in a Closed Meeting to consult with legal counsel on a matter of
pending litigation, pursuant to Section 2.2-3711 (A)(7), Code of Virginia
(1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #83-132
C-6 A communication from S. James Sikkema, Executive Director, Blue
Ridge Behavioral Healthcare, recommending concurrence by Council in the
reappointment of Linda H. Bannister as an at-large member of the Blue Ridge
Behavioral Healthcare Board of Directors, for a term ending December 31,
2005.
RECOMMENDED ACTION: Concur in the request.
File #110-335
C-7 A communication from Christine Proffitt tendering her resignation as a
member of the Roanoke Neighborhood Partnership Steering Committee.
RECOMMENDED ACTION: Accept the resignation and receive and file
communication.
File #110-488
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C-8 A communication from David Davis tendering his resignation as a
member of the Special Events Committee.
RECOMMENDED ACTION: Accept the resignation and receive and file
communication.
Withdrawn.
C-9 An oral request of the City Manager that Council convene in a Closed
Meeting to discuss acquisition of real property for public purpose, where
discussion in open meeting would adversely affect the bargaining position or
negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of
Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #2-104-132-166
C-IO An oral request of the City Manager that Council convene in a Closed
Meeting to discuss acquisition of real property for public purpose, where
discussion in open meeting would adversely affect the bargaining position or
negotiating strategy ofthe City, pursuant to Section 2.2-3711 (A)(3), Code of
Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #2-104-132-166
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS: NONE.
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
5
ITEMS RECOMMENDED FOR ACTION:
1. A communication recommending execution of a lease agreement
with the Department of Historic Resources for office space at
Buena Vista Recreation Center, for a term retroactive to March
2002.
Adopted Ordinance No. 36125-111802. (6-0.)
File #67-216-373
2. A communication recommending execution ofa contract with the
Virginia Department of Emergency Management to participate in
a Regional Hazardous Materials Response Team, for a two-year
term ending June 30, 2004.
Adopted Budget Ordinance No. 36126-111802 and Resolution
No. 36127-111802. (6-0.)
File #60-188
3. A communication recommending execution of an agreement with
Lawrence Reid Bechtel, d/b/a Heady Stuff Studio, to develop and
create a statue memorializing fallen law enforcement officers to
be located in front of the Police Department, 348 West Campbell
Avenue.
Adopted Resolution No. 36128-111802. (6-0.)
File #5
4. A communication recommending the use of competitive
negotiation as the method to secure vendors to secure a company
to develop City-owned property along Gainsboro Road, N. W.
Adopted Resolution No. 36129-111802. (6-0.)
File #166-178-432
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5. A communication recommending rejection of all bids received in
connection with five side loading refuse cabs and chassis and five
one-armed bandit bodies.
Adopted Resolution No. 36130-111802. (6-0.)
File #144-472
Council Member Wyatt requested the dollar amount
expended to date for solid waste collection.
File #60-144
6. A communication recommending appropriation of $483,336.00
in connection with the Fifth District Enlployment and Training
Consortium - Workforce Investment Act.
Adopted Budget Ordinance No. 36131-111802. (6-0.)
File #60-246
7. A communication recommending transfer of $60,000.00 in
connection with design services for streetscape improvements to
Salem Avenue, S. W.
Adopted Budget Ordinance No. 36132-111802. (6-0.)
File #57-60-227
8. A communication recommending amendment to the lease
agreement with Blue Eagle Partnership for use of office space for
human service agencies at 1502 Williamson Road, N. W.
Adopted Ordinance No. 36133-111802. (6-0.)
File #72-373
9. A communication recommending amendment to the Rental
Certificate of Compliance Program.
Adopted Ordinance No. 36134-111802. (6-0.)
File #24-402
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10. A communication recommending acceptance of a donation from
the Garden City Recreation Club in connection with construction
of a shelter in Garden City Park.
Adopted Resolution No. 36135-111802. (6-0.)
File #67-68
7. REPORTS OF COMMITTEES:
a. A report of the Legislative Committee transmitting the proposed 2003
Legislative Program. Council Member William H. Carder, Chair.
Adopted Resolution No. 36136-111802. (6-0.)
File #110-137
b. A communication from the Roanoke City School Board requesting
appropriation of$856,000.00 for school instructional technology funds;
and a report of the Director of Finance recommending that Council
concur in the request. Richard L. Kelley, Assistant Superintendent of
Operations, Spokesperson.
Adopted Budget Ordinance No. 36137-111802. (6-0.)
File #60-467
c. A communication from the Roanoke City School Board requesting
approval of a State Literary Fund loan application for improvements to
Lincoln Terrace Elementary School, in the amount of $1.3 million.
Richard L. Kelley, Assistant Superintendent of Operations,
Spokesperson.
Adopted Resolution Nos. 36138-111802 and 36139-111802. (6-0.)
File #467
8. UNFINISHED BUSINESS: NONE.
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9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Council Member Cutler announced a Pre Disaster Mitigation and
Remediation Conference and Workshop to be held on
November 21-22, 2002, at The Hotel Roanoke, to be sponsored by
The Cabell Brand Center, the Virginia Housing Development
Network and Shenandoah Valley Project Impact, to provide
information on water shed management opportunities.
File #468
At the suggestion of Vice-Mayor Harris and concurred in by
Council, the matter of a cost-of-living adjustment for City retirees
was referred to 2003-04 budget study.
File #60-429
In view of the revenue shortfall, when preparing the budget for
fiscal year 2003-04, Council Member Wyatt requested that the City
Manager consider all options, including service reductions, in lieu
of laying off City employees.
File #60-184
Council Member Carder referred to communications from residents
of Brandon Oaks retirement community in regard to speeding on
Brandon Avenue, S. W., and requested that the City Manager
review arterial streets, including Brandon Avenue, with regard to
potential traffic calming measures.
File #20-514
Council Member Carder commended the work of Civic Center staff
and traffic calming measures at the Roanoke Civic Center.
File #20-192
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Council Member Bestpitch requested that the City Manager submit
a recommendation to Council at its meeting on Monday,
December 2, 2002, with regard to holiday leave for City employees.
File #184
The Mayor extended an invitation to the Members of Council and
citizens to attend a ceremony dedicating a historic plaque at the Mill
Mountain Star, on Wednesday, November 27, 2002, at 12:00 noon.
File #67-80-216
b. Vacancies on various authorities, boards, commissions and committees
appointed by Council.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
12. CITY MANAGER COMMENTS:
The City Manager called upon the Director of Utilities for a briefing on
the water level at the Carvins Cove Reservoir; whereupon, Michael
McEvoy advised that as of November 18, Carvins Cove was at 25.2' below
the spillway, which is approximately nine feet from the lowest point
beginning in mid October.
File #468
The City Manager advised that the City does not intend to lift full
mandatory water restrictions until the Carvins Cove Reservoir reaches 22'
below spillway and voluntary conservation will be in effect until the
reservoir reaches 15'. She further advised that while the City has
experienced substantial rainfall and the Governor has lifted state
restrictions, the City of Roanoke, as a community, should continue to
conserve water.
File #468
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The City Manager commended City staff on traffic management in and
around the Roanoke Civic Center.
File #20-192
The City Manager advised that the City of Roanoke is 18 tons short of
reaching its 300 ton per month goal for recyclables, at which point the City
would pay no acceptance fees to its recycling vendor. She stated that the
majority of paper products that have not been exposed to food waste can
be recycled, and encouraged citizens to recycle holiday wrapping paper,
with the exception of foil paper.
File #282
THE MEETING WAS DECLARED IN RECESS TO BE
IMMEDIATELY RECONVENED IN CITY COUNCIL'S
CONFERENCE ROOM FOR A BRIEFING ON RELOCATION OF
UTILITIES OVERHEAD TO UNDERGROUND.
FOLLOWING THE ABOVEREFERENCED BRIEFING, THE
COUNCIL MEETING WAS DECLARED IN RECESS FOR ONE
CLOSED SESSION.
THE COUNCIL MEETING RECONVENED AT 5:10 P.M. IN ROOM
159, FOR A JOINT MEETING OF CITY COUNCIL AND THE
ROANOKE ARTS COMMISSION.
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CITY COUNCIL/ROANOKE ARTS COMMISSION
JOINT MEETING
NOVEMBER 18,2002
5:00 P.M.
EMERGENCY OPERATIONS CENTER
CONFERENCE ROOM
AGENDA
1. Call to Order.
2. Roll Call by the Roanoke Arts Commission.
3. Welcome. Mayor Ralph K. Smith.
4. Invocation/Dinner.
5. Introduction of Roanoke Arts Commission Members.
6. Historical Accomplishments of the Arts Commission.
7. Recent Accomplishments/Developments:
a. Per Cent for Arts Program.
b. Public Arts Plan.
c. Agency Funding Advisory Committee.
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8. Future of the Arts Commission:
a. Under Purview of Economic Development Department.
b. Funding of Public Arts Plan and Per Cent for Arts Program.
c. Inclusion in Budgeting Process (AF AC).
d. More Involvement with City Council.
9. Comments by City Council Members:
a. How will the Arts Commission prepare the envisaged public art
supplement to the new Comprehensive Plan (Vision 2002-2020)? Do
they have a process and a timetable in mind?
b. How does the Arts Commission propose to proceed with the probable
opportunity to provide an outdoor sculpture at the Civic Center and/or
at the new stadium/amphitheatre? What are the steps that will be taken
in that regard? What do they envision the role of Council to be in that
process?
c. Has the Arts Commission considered revising the City grant application
guidelines for local charitable nonprofit organizations to allow them to
request unrestricted operating support to fund core staff and overhead
expenses as well as grants restricted to special (e.g., outreach to
children) projects?
d. Does the Arts Commission see an opportunity to provide art of some
kind along the new greenway trail system? Does the definition of "art"
include landscaping? What do other cities do in this regard?
10. Comments by the Roanoke Arts Commission Members.
11. Comments by the City Manager.
12. Other Business.
THE COUNCIL MEETING WAS DECLARED IN RECESS AND
MEMBERS OF COUNCIL RECONVENED IN CLOSED SESSION IN
THE COUNCIL'S CONFERENCE ROOM, FOURTH FLOOR, NOEL C.
TAYLOR MUNICIPAL BUILDING.
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ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 18,2002
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call. (Council Members Wyatt and
Dowe were absent.)
The Invocation was delivered by Council Member William D.
Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Smith.
Welcome. Mayor Smith.
NOTICE:
Tonight's meeting will be televised by RVTV Channel 3 to be replayed on
Thursday, November 21, 2002, at 7:00 p.m., and Saturday, November 23,
2002, at 4:00 p.m. Council meetings are now being offered with closed
captioning for the hearing impaired.
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A. PUBLIC HEARINGS:
1. Public hearing on a request of Western Virginia Foundation for the Arts
and Sciences, a Virginia non-stock corporation, that a portion of
Shenandoah Avenue, N. E., adjacent to Official Tax Nos. 3013603 and
3013604, be permanently vacated, discontinued and closed. Stephen W.
Lemon, Attorney.
Adopted Ordinance No. 36140-111802. (5-0.)
File #514
2. Public hearing on a request of Michael A. Wells that the rear 25 feet x
50 feet portion of Official Tax No. 2761421 be rezoned from RS-3,
Residential Single Family District, to C-2, General Commercial District,
subject to certain conditions proffered by the petitioner; and that the
conditions set forth in Ordinance No.3 2294-121994 for property located
at the corner of Virginia Avenue and Westside Boulevard, N.W.,
designated as Official Tax No. 2761409, be repealed and replaced with
new conditions. Roy V. Creasy, Attorney.
Adopted Ordinance No. 36141 on first reading. (4-1, Council
Member Bestpitch voted no.)
File #51
Adopted Ordinance No. 36142-111802 authorizing acceptance of the
donation of a parcel of land by Robert E. Zimmerman, located at
351 Salem Avenue, S. W., Official Tax No. 1010106, in an "as is"
condition. (5-0)
File #32-68-166
B. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIA TEL Y FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
15
Ms. Helen E. Davis, 35 Patton Avenue, N. E., concurred in earlier remarks
presented by Mr. E. Duane Howard with regard to a memorial for fallen
law enforcement officers (agenda item 6.a.3). With regard to enacting
budget cuts, she requested that consideration be given to the cost of
publishing the City Magazine versus the cost of including a City
information insert in The Roanoke Times. She referred to agenda item
6.a.4 which was approved by Council at the 2:00 p.m. session, in regard to
the use of competitive negotiation as the method to secure vendors to
engage a company to develop City-owned property along Gainsboro Road.
She called attention to a past commitment of the City administration that
the three Gainsboro neighborhood organizations would be notified as to
any actions proposed by the City for the Gainsboro community; however,
residents were not aware of the above referenced agenda item. She
advised that Gilmer Avenue, N. W., is a narrow street and called attention
to the potential of traffic accidents due to large refuse collection vehicles,
which also cause traffic to back up while the one-arm bandit empties trash
containers. She stated that refuse is not being collected at an acceptable
level in northwest Roanoke. She requested information on costs paid by
the City for consulting contracts.
File #5-20-66-144-165-178-227-432
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., referred to the action taken
by Council earlier in the meeting regarding the property on Gainsboro
Road (agenda item 6.a.4). She advised that it was stated that residents of
Gainsboro are interested in housing; however, during the Comprehensive
Plan meeting, residents of the Gainsboro community emphasized the need
for infill housing, as opposed to a new housing complex, to complete the
vacant lots throughout the neighborhood. She requested that the
Presidents of the three neighborhood organizations in Gainsboro be
adequately and timely informed when the real estate developer is selected
by the City, and that the real estate developer meet with residents of
Gainsboro. She suggested that the Roanoke Neighborhood Development
Corporation be contacted to determine its interest in developing the land.
File #66-165-200
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Mr. Robert Gravely, 617 Hanover Avenue, N. W., expressed concern with
regard to the Gainsboro community, and questioned actions in regard to
constructing an $80,000.00 house in the 1100 block of Gilmer Avenue,
N. W., when the average home costs in the range of $32,000.00 -
$40,000.00. He suggested that the area be placed in a tax bracket so as to
fit the needs of the citizens. He called attention to the lack of sidewalks,
and advised that the needs of the citizens of the Gainsboro Community
should be kept in mind by City planners.
File #57-60-66-79-165-200
Mr. Chris Craft, 1501 East Gate Avenue, N. E., expressed appreciation for
the Shining Star award which was presented earlier in the meeting to the
Roanoke Valley Mopar Club, in connection with fund raising efforts for
St. Jude's Hospital. He commended the Members of Council and the City
Manager on their accomplishments on behalf of the citizens of the City of
Roanoke.
File #80-104-132-221
The Council meeting was declared in recess and Council reconvened in
Closed Session.
CERTIFICATION OF CLOSED MEETING. (5-0)
The following persons were reappointed to certain Council-Appointed
Committees:
Roanoke Valley Juvenile
Detention Center Commission
Jesse A. Hall and Glenn
D. Radcliffe, for terms
ending June 30, 2006.
File #110-305
Regional Policy Board, Alcohol
Safety Action Program
File #5-110
A. L. Gaskins for a term
ending June 30, 2004.
Roanoke Valley Resource
Authority
Robert K. Bengtson for
a term ending
December 31,2006.
File #15-110-253
17
Office of the Mayor
CITY OF ROANOKE
.
rot m Ion
WHEREAS, the City of Roanoke is blessed with a multitude of families _ an
essential part of the cultural, social and spiritual fabric that is
Roanoke; and
WHEREAS, the City of Roanoke recognizes that strongfamilies are at the center
of strong communities; and
WHEREAS, neighborhood organizations, businesses, non-profit agencies,
policymakers, churches and families all have a responsibility in
makingfamilies successful; and
WHEREAS, all citizens should take time during Thanksgiving week to honor the
importance of families, to recognize the special connections that
support and strengthen families year-round and recommit to
enhancing and extending all of the connections that strengthen and
enrich families; and
WHEREAS, families in the Roanoke Valley can create a better future with the
assistance and resources of agencies and organizations such as the
Alliance for Children and Families and its local member agency,
Family Service of Roanoke Valley.
NOW, THEREFORE, 1, Ralph K. Smith, Mayor of the City of Roanoke, Virginia,
do hereby proclaim the week of November 24 - 3D, 2002, throughout this great
All-America City, as
ROANOKE FAMILY WEEK.
Given under our hands and the Seal of the City of Roanoke this eighteenth day of
November in the year two thousand and two.
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
o F
ROANOKE
V ALL E Y
IN ROCKY MOUNT:
5 EAsT COURT S TRElT
SUITE 201
RocKY MOUNT VA 24151
VOICE: (540) 48}-422~
FAX: (540) 48~-02~~
EMAlL: iNfo@fsRV.ORG
IN ROANOkE:
~60 CAMPBELL AVENUf SW
ROANOKE VA 24016 OR
P.O. Box 6600 24017
VOICE: (540) 5M-5~16
FAX: (540) 5M-5254
EMAlL: iNfo@fsRV.ORG
FAMILY SERVICE
October 22, 2002
RECEIVED
OCT 2 5 2002
MAYOR'S OFFICE
The Honorable Ralph K. Smith
Mayor of Roanoke
c/o Joyce Johnson
215 Church Ave., Rm. 452
Roanoke, VA 24011
Dear Mayor Smith:
We cordially invite you to support the biggest National Family Week in its more than 30-year
history by proclaiming November 24-30 Roanoke Family Week. It is a wonderful opportunity
to honor the most important institution in America: the family.
We also ask for your attendance at our National Family Week reception, which will take place on
Monday, November 25 from 4:00 - 5:30 p.m. Family Service is sponsoring an art contest and .'7 <f'
will present six awards to area youth at the reception. Also, we will recognize an area business // v
for providing a family friendly work environment. Ifpossible, we would like for you to present
the awards to the children and business leader. This will take place at Family Service's
downtown location (360 Campbell Ave. SW, Roanoke).
(,,rr
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....l,'t ,/.,.
v
Hundreds of communities across the country celebrate National Family Week the week of
Thanksgiving, a time when many families traditionally celebrate their connections with one
another. Weare encouraging everyone to celebrate the special connections that exist within
neighborhoods and communities, connections that help strengthen families. Accordingly, the
theme for National Family Week is Connections Count.
To enhance public awareness, we ask you to declare the week of November 24-30 Roanoke
Family Week. A proclamation would serve as an effective endorsement, greatly enhancing the
potential for families to partiCipate. We would like for you to present the proclamation at a City
Council meeting during the month of November. If this is possible, please let me know and I will
plan on attending that meeting to accept on behalf of Family Service.
Enclosed find background information and a sample proclamation. If you have questions or need
additional information, please call Christa Keefer at 540-563-5316 or e-mail ckeefer@fsrv.org.
Thank you for considering this request.
Re~pectfUl1YY~
~-i~ iarviS .
President/CEO
l.
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Enclosures
II
United Way
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ALLIANCE
FOR CHILDREN & FAMILIES
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COA
ACCREDITED
C-1
REGULAR WEEKLY SESSION-----ROANOKE CITY COUNCIL
October 3, 2002
12:15 p.m.
The Council of the City of Roanoke met in regular session on Thursday,
October 3, 2002, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter
2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ral p h K. S m i th --------------------------------------------------------------------------------------------------7.
ABSENT: None------------------------__________________________-----------------------------------0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A){1), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A){1), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r Smith ----------------------------------------------------------------------------------------------7.
NAYS: None-------------------------_________________________----------------------------------------0.
1
CITY MANAGER-CITY PROPERTY: A request ofthe City Managerfor a Closed
Meeting to discuss acquisition of real property for public purpose, where discussion
in open meeting would adversely affect the bargaining position or negotiating
strategy of the City of Roanoke, pursuant to Section 2.2-3711 (A)(3), Code of Virginia
(1950), as amended, was before Council.
Mr. Dowe moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss acquisition of real property for public
purpose, where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the City of Roanoke, pursuant to Section 2.2-3711
(A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r Smith --------------------------------------------------------------------------------------------7.
NAYS: None------------------------__________________________---------------------------------------0.
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: A communication from
Council Member William H. Carder requesting a Closed Meeting to discuss a special
award being the "Shining Star" award, pursuant to Section 2.2-3711 (A)(10), Code of
Virginia (1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request to convene in a
Closed Meeting to discuss a special award being the "Shining Star" award, pursuant
to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Sm ith --------------------------------------------------------------------------------------------7.
NAYS: None--------------------------________________________---------------------------------------0.
At 12:20 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159, for
a briefing on the future function and appearance of City of Roanoke streets.
At 12:25 p.m., the meeting reconvened in Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with all Members of the
Council in attendance, Mayor Smith presiding.
2
TRAFFIC-STREETS AND ALLEYS: The City Manager introduced a briefing in
connection with the future design and function of City streets, which was the topic
of an August 2002 work session of Council and the City Planning Commission. She
advised that the Comprehensive Plan adoption is a vehicle by which the City should
continue to measure its performance and progress in making the City of Roanoke
the most liveable City in the United States. She called attention to her commitment
that a number of work sessions will be scheduled to provide an opportunity for
Council to talk with City staff in a more informal setting regarding future policy
direction activities within the City of Roanoke.
Robert K. Bengtson, Director, Public Works, presented an overview of the
topic to set the stage for additional discussion, and explained the concept of the
Comprehensive Plan relative to street design/function.
R. Brian Townsend, Director, Community Planning and Code Enforcement,
highlighted the context of the Comprehensive Plan. He called attention to three
basic policies regarding transportation; i.e.: to look at transportation issues from a
regional perspective, development of transportation systems that are designed to
look at the realistic approach to transportation which consists of more than just
streets, pedestrians, greenways, mass transit, airport, roads, etc., and to integrate
future land use with transportation planning. He advised that actions listed in the
Comprehensive Plan relate to street classifications and priorities, design principles
for City streets, policy actions toward development of greenways, bicycle routes and
mass transit.
Council Member Bestpitch advised that he recently met with the
Commissioner of the Virginia Department of Transportation (VDOT) in his capacity
as Chair of the Metropolitan Planning Organization, who stated that over 80 per cent
ofVDOT's planning staff has, in the past, been located in Richmond and only 20 per
cent in the field; therefore, VDOT is working to reverse the ratio. Mr. Bestpitch
stated that one of the first new transportation planning positions will be assigned
to the Staunton District, and VDOT is trying to be more open to local government
involvement in land use and transportation planning.
Mr. Townsend presented views of Roanoke's street network (x-ray view), grid
constraintsllimitations and examples of framework and non-framework streets. He
advised that the general plan indicates that Roanoke is a transportation system of
interconnecting grids, and identified breaks in the grids that are either man made,
or natural barriers that begin to run their way through the City of Roanoke. He
reviewed a sketch of framework and non-framework streets in the City and the role
they play, and noted that framework streets are important for not only the movement
of through traffic, but the connection with traffic systems within the City.
3
Kenneth H. King, Jr., Traffic Engineer, presented examples of street crossing
sections in relation to what framework and non framework streets would look like.
He stated that typically on a non framework street residential properties would be
located on each side of the street, sidewalks along with a certain level of planting
strips, parking on both sides of the street, and a parking lane. He referred to
examples of framework streets in the City of Roanoke, and presented examples of
framework and non framework streets in other localities.
Mr. Bengtson referenced joint efforts of City staff; i.e.: Public Works
Department, the Urban Forestry and Landscape section ofthe Parks and Recreation
Department, Planning and Code Enforcement, Roanoke Neighborhood Partnership,
and Economic Development, all of which are addressing the specific menu of
options that should be compiled into a landscaping plan, which are considered to
be enhancements and amenities. He referred to such things as different pavement
treatments, sidewalk treatments, street trees, benches, gateway signage,
undergrounding of utilities, all of which can fit together into a landscape/streetscape
plan that can serve as a menu of options for streets in the future, whether they are
streets capes or non streetscapes. He mentioned efforts of the urban forestry
division that could fit into a streetscape plan; the City Planning Commission is
considering overhead versus underground utilities that can also fit into a
streetscape plan, and neighborhood plans should also be considered. He stated
that the ultimate goal is to establish a priority order for streetscaping in concert with
the Comprehensive Plan and identify those streets that have been listed in the
Comprehensive Plan as streetscape priorities, whether they are Route 460, Franklin
Road or Brandon Avenue, and at the top of the list would be a streetscaping plan
for 1-581. He called attention to City streets that require redesign, reconstruction and
retrofit, and advised that 10th Street is a success story in terms of plans that are
forthcoming, because 10th Street started out as a four lane route design, however,
following meetings with the neighborhood organization, it was deemed necessary
to scale back to a two-lane roadway because traffic volumes along 10th Street
plateaued several years ago with no foreseeable growth in the future. By contrast,
he stated that there are challenges in regard to breathing life into the southeast area
(BullittlJamison Avenues) and the best way to do so in view of a pair of two lane
roads on Bullitt and Jamison Avenues that carry thousands of vehicles per day. He
noted that the challenge is to effect some type of change in terms of streetscape
opportunities, and how to effect a change that will manage traffic in the area. He
called attention to plans ofthe Northwest Neighborhood Environmental Organization
for developing 5th Street adjacent to the Coca Cola Plant between Gilmer and
Shenandoah Avenues, N. W. He advised that Williamson Road is a framework street
that recently came up on the street paving program, which presented an opportunity
4
to rework some of the striping on the roadway, given concerns about compatibility
with the Comprehensive Plan. Therefore, he stated that staffwould like to reassess
Williamson Road as a part of the present general discussion with Council. He
explained that the Williamson Road issue to date relates to efforts regarding
resurfacing and safety improvements through restriping.
In regard to funding, Mr. Bengtson advised that none ofthe improvements will
come without a cost and will involve projects that will require either local funding,
some improvements could be made through TEA-21 highway enhancement grants,
and there could be opportunities to include improvements as a part of the City's
paving program or sidewalk, curb and gutter program, and resources will be
necessary to maintain improvements as the City increases its streetscape assets
which will require a greater level of attention and funding through the City's
operating budget.
Discussion:
What is the best way to educate Council and the neighborhoods on the
various options? What is in the best interest of the City and associated
improvement costs?
There is a model that takes framework streets and applies land use,
motor vehicle registration, and population, etc., and by weaving all of
the information in with the street network, it is possible to create the
amount of traffic volumes that can be expected on certain roads, which
can also serve as a guide for the City to review trends of past
performance, traffic volumes, how they match up with what has been
projected, and allows City staff the opportunity to experiment.
The City Manager called attention to the need to focus on the land use issue
and how land use affects speed, as well as the types of traffic calming and
pedestrian friendly activities that might be needed. She advised that the
Comprehensive Plan describes many streets that are challenges to the City as
arterial streets; Le.: Orange Avenue, Williamson Road, BullittlJamison Avenues,
Peters Creek Road, Brandon Avenue, Grandin Road, and Franklin Road, and the fact
that the streets are categorized as arterial streets does not mean that they would
have to be placed in a category that they could not be changed from arterial streets.
She stated that it is hoped that today and in subsequent discussions with Council,
City staff will receive clear policy guidance as to Council's priorities within the City,
and those streets that Council would like City staff to target and begin to make small
5
changes in view of the cost factor per linear foot for improvements. She stressed
the importance of not taking any action in the next two to five years that the City will
regret as it moves toward furthering elements of the Comprehensive Plan.
Discussion:
The City is currently more aware of physical fitness, bicycles and
pedestrian friendly streets. There would be an advantage to looking at
what other jurisdictions are experiencing.
The more mobile automobiles become, the less access citizens of the
community will have. The Comprehensive Plan clarifies and
frameworks the vision of the City of Roanoke, and the City must be
careful if it continues with the suburban mentality that automobiles
should be accessible at 40 - 45 miles per hour. The City should not do
anything that is contrary to the Comprehensive Plan, and look at every
area of the City to identify some way of traffic calming.
The City can spend exorbitant amounts of money on housing in the
BullittlJamison Avenue area, but the area will be in trouble if traffic
calming measures are not put in place that will at least reduce speed
to the posted limit.
There is a need to review street design to the point where street design
drives the speed Iimit(s); and street design, many times, determines
land use.
Traffic counts serve no useful purpose if traffic is moving at 60 miles
per hour because motorists will not stop at business establishments,
therefore, speed determines whether traffic will stop at a certain point.
Those cities that talk about being pedestrian friendly and slowing down
traffic also have elements in their cities that the City of Roanoke does
not have; i.e.: some form of mass transit that will move persons
expeditiously throughout the locality, and the City of Roanoke should
look at creating a balance.
Before spending the kind of money that will be required to turn
Williamson Road into a two way street, it was proposed, on an
experimental basis, to close the two outside lanes on Williamson Road
for one month, in order to determine the impact on traffic and outlying
Williamson Road neighborhoods and businesses.
6
Is there a neighborhood association or business association that would
volunteer an arterial street on an experimental basis in order to
implement traffic calming measures?
It is agreed that the City of Roanoke must be accessible, but at what
speed. All of the "Warehouse Row" projects in the world and all of the
shell buildings that the City could possibly need could be constructed,
but unless Roanoke is a liveable community, it will not attract
technology-type persons to the area because they can live anywhere in
the United States that they choose to live.
The Comprehensive Plan drafts the framework for a liveable City and
the City of Roanoke should develop a plan to look at framework and
non-framework streets that can be adopted by Council that will provide
City staff with a clear understanding of the policy direction of the
Council.
With regard to the Brandon Avenue section of the MudlicklEdgewood
intersection, why did the City construct a two way turning lane, and
what does that suggest that the City should do with other projects? It
was noted by staff that the Brandon Avenue project evolved as a part
of the entire Peters Creek Road process, and the City of Roanoke was
not focused on the ideas that are being shared with Council today. The
City Manager advised that the City could take what has been done on
Brandon Avenue and embellish it in such a way that will acknowledge
some of the principles that are in the Comprehensive Plan by taking
portions of the center left turn lane and creating an attractive green
median, or raised cross walk. It was noted that funding would be less
of an issue if such items had been included when the entire project was
under construction, rather than go back and make changes now.
It is necessary to strike a balance between residential and arterial
routes, to provide for the needs of all citizens, to address arterial routes
that get people in and out of the City, because if the City of Roanoke is
not user friendly, people will not be attracted to the area. Therefore, it
is important to reach a balance between the two, and certain things
can be done that will provide for both.
With regard to the repaving of a portion of Williamson Road, there is a
proposal to take two of the lanes and turn them into bike lanes in order
to address the needs of the younger generation. Greenways are
7
wonderful, but many citizens have stated that if there was a way to ride
their bicycle to work, a greater number of persons would not drive their
automobiles.
It is hoped that the City will move forward and accommodate the
citizens and businesses of the Williamson Road area which are vital to
the survival of the City of Roanoke.
Question was raised as to the timetable for resolving issues on Williamson
Road; whereupon, the City Manager referred to a series of meetings and discussions
with various community and business representatives in the area. She expressed
concern that a proposed plan for Williamson Road might not take into account the
findings of the Comprehensive Plan in regard to arterial routes; therefore, in
August 2002, it was reported to the Council and to the community that the restriping
of a portion of Williamson Road would be placed on hold pending direction from the
Council as to its acceptance and/or commitment to those elements of the
Comprehensive Plan relative to off streets, or whether or not staff should modify the
plan. She explained that even if there is a change of opinion in regard to how to
restripe Williamson Road, it would be spring 2003 before paving could begin, given
the paving schedule and the limited amount of time left in the paving season.
Therefore, she stated that in the intervening time, it is proposed, with direction by
Council, to look at what modifications could and should be made to accommodate
the area and to demonstrate more of the principles of pedestrian friendliness and
traffic calming, while recognizing the responsibility to move a certain number of
vehicles up and down Williamson Road in a given amount of time.
Ben Burch, III, President, Airlee Court Neighborhood Association, presented
a petition signed by approximately 231 persons with regard to paving of Williamson
Road. He advised that Williamson Road is past due for paving; and after 12 years,
repaving was scheduled for 2001, but was delayed because restriping was an issue.
He further advised that the public at large, residents and businesses were asked to
respond to the City's three proposals for the project and based on those responses,
the City made a decision to have a center turn lane from Angell Avenue to
Hershberger Road; and Williamson Road residents request the repaving and
restriping of Williamson Road as was previously scheduled and funded.
At 2:00 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke.
8
At 2:00 p.m., on Tuesday, October 3,2002, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfrerd T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph t(. Smith---------------------_____________________________________________________________________________jr.
AB SENT: Non e --------------------------------------------------------------------------------------0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Catherine A.
Houchins, Pastor, Metropolitan Community Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACt(NOWLEDGEMENTS:
PROCLAMATIONS-POLICE DEPARTMENT: The Mayor presented a
Proclamation declaring the month of October 2002, as Crime Prevention Month.
PROCLAMATIONS-FIRE DEPARTMENT: The Mayor presented a Proclamation
declaring the week of October 6-12, 2002, as Fire Prevention Week.
PROCLAMATIONS-BLUE RIDGE BEHAVIORAL HEAL THCARE: The Mayor
presented a Proclamation declaring the week of October 6-12,2002, as Mental Illness
Awareness Week.
PROCLAMATIONS: The Mayor presented a Proclamation declaring the month
of October 2002, as National Arts and Humanities Month.
PROCLAMATIONS-DISABLED PERSONS: The Mayor presented a Proclamation
declaring the month of October 2002, as National Disability Employment Awareness
Month.
9
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.
MINUTES: Minutes of the regular meeting of City Council held on Monday,
August 19, 2002, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Carder moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Dowe and
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r Sm ith ---------------------------------------------------------------------------------------------7.
NAYS: None-----------------_________________________________-----------------------------------------0.
EASEMENTS-WATER RESOURCES: A communication from the City Manager
advising that the City of Roanoke Water Division has been contacted by a developer,
John Griffin, regarding Kingston Estates, a new subdivision to be constructed in
Roanoke County; the main water distribution line from the Falling Creek Filtration
Plant runs through the property proposed for development, which water line has
existed in this location for approximately 100 years; the water line runs at a diagonal
through the property, which impacts the above referenced housing layout _ two
houses would be less than ten feet from this line; the line is under very high
pressure and could cause considerable damage to property if left in its current
location; and leaving the water line in its current location would make routine or
emergency maintenance very difficult, was before Council.
It was further advised that the City has requested the contractor to locate the
water line in a new easement outside the lots in a dedicated water line easement; the
new line and the new easement will be in place before the existing easement is
vacated; the water line relocation has been completed and is acceptable to the City's
Utility Department; the contractor has requested the City to quitclaim its easement
through the roads which the Virginia Department of Transportation requires in order
to accept the road system for maintenance; and the City Attorney and the attorney
for the developer have agreed on a Deed of Release and Dedication for the water line
and the Deed of Quitclaim that is acceptable to the City of Roanoke.
10
The City Manager recommended, following a public hearing, execution of a
Deed of Release vacating the existing water line easement, the Deed of Dedication
establishing a new water line easement and a Deed of Quitclaim for the Virginia
Department of Transportation for the easement through the roadway right-of-way.
Mr. Carder moved that Council concur in the request of the City Manager to
schedule a public hearing on the matter. The motion was seconded by Mr. Dowe
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r S m i th --------------------------------------------------------------------------------------------7.
~AYS: ~one---------------------------_______________________---------------------------------------0.
DIRECTOR OF FI~A~CE-OATHS OF OFFICE-CITY CLERK-CITY ATTOR~EY-
COMMITTEES-HOUSI~G/AUTHORITY -MU~ICIPAL AUDITOR-TRA~SPORT A TIO~
SAFETY-FIFTH PLA~~I~G DISTRICT COMMISSIO~: The following reports of
qualification were before Council:
William M. Hackworth as City Attorney; Jesse A. Hall as Director of
Finance; Mary F. Parker as City Clerk; and Troy A. Harmon as Municipal
Auditor, for the City of Roanoke, for two year terms of office,
commencing October 1, 2002, and ending September 30, 2004;
Raymond Debose, Jr., as a member ofthe Fair Housing Board, to fill the
unexpired term of Bruce L. Robinson, resigned, ending March 31,2003;
Ben A. Burch, III, as a member of the City of Roanoke Transportation
Safety Commission, for a term ending October 31, 2004; and
R. Brian Townsend as a member of the Roanoke Valley Alleghany
Regional Commission, to fill the unexpired term of Evelyn S. Lander,
resigned, ending June 30, 2003.
Mr. Carder moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r Smith ----------------------------------------------------------------------------------------------7.
~AYS: ~one-------------------------_________________________-----------------------------------------0.
11
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
HOUSING/AUTHORITY-GRANTS: The City Manager introduced a briefing with
regard to the "Southeast by Design" project. She advised that the purpose of the
briefing was to provide a community update as the City of Roanoke embarks upon
a plan for revitalization of this portion of the southeast area.
Michael Etienne, Acting Director of Housing and Neighborhood Services,
advised that approximately five months ago, the City of Roanoke retained the
services of Marsh Witt and Associates to develop a master plan for the "Southeast
by Design" pilot project, which is located between 6th and 13th Streets, S. E. He
stated that the southeast corridor is the first area selected under the City's new
neighborhood revitalization initiative, which is essentially to concentrate Federal
housing funds in one neighborhood at a time in orderto achieve a visible and lasting
impact and to leverage investment. He explained that master planning would serve
as a guide for neighborhood revitalization activity on the corridor which is referred
to as "Southeast by Design." He introduced Terrence Harrington, Director of
Planning Services, Marsh Witt and Associates, to present a briefing on the master
plan design.
Mr. Harrington presented a status report on the findings and
recommendations of the "Southeast by Design" Community Master planning
process. He advised that the goal was to prepare a master plan that could be used
by the City of Roanoke and the community as a guide for community revitalization,
with the primary focus on housing revitalization and housing infill; however, the plan
will ultimately address community service needs, commercial infill, rehabilitation
plans, and transportation needs and issues in the corridor. He noted that the project
consists of the BullittlJamison corridor between 6th and 13th Streets, and contains
a variety of land uses, the primary land use being single family homes consisting of
approximately 111, and 35 additional multi-family structures; however, 30 of the 35
structures were at one time constructed as single family homes and through their
life transition were converted into either a duplex unit or an accessory apartment.
He advised that of the houses in the corridor, approximately 33 per cent represent
12
the median housing value in the City, household incomes are approximately 50 per
cent median City-wide income, 57 per cent of the units are owner-occupied
compared to the City rate of 56 per cent, and most of the single family homes with
the highest degree of ownership are located in those portions of the corridor east
of 9th Street. He explained that 20 per cent of the land area is designated as
commercial nodes, and the 9th Street commercial node and the 13th Street
commercial node are designated as desirable village center areas in the Vision 2001
Plan and in the draft Belmont Neighborhood Plan. He stated that approximately ten
per cent of the land area, or approximately six acres of land is vacant, and 45 vacant
parcels, most of which were at one time used for housing, have been removed for
a variety of reasons. He called attention to a four step process that was used over
the past five months consisting of analyzing existing conditions, looking at land use
patterns, ownership patterns, vacant land and vacant units (nine); and a
comprehensive housing quality evaluation was undertaken looking at the external
components of all 146 residential structures in the corridor by evaluating 12 different
components of the property, ranging from roofs and chimneys, to windows,
grounds, doors, and electricity. He added that following the evaluation, it was
determined that approximately 36 of the units are below average and approximately
44 units are of average quality, and the housing quality analysis will provide a guide
in terms of where to direct funding for the most immediate needs and for the most
immediate benefit to the neighborhood. He stated that appropriate stakeholder
interviews were conducted in an effort to gather background information on
community issues and needs, a neighborhood design workshop was held on
July 22 - 23, which provided an opportunity for residents and property owners to
share ideas about appropriate infill design, traffic mitigation, and landscaping, etc.
He advised that monthly meetings were held with the community steering team
which was instrumental in setting community needs, priorities, and identifying
neighborhood issues.
Mr. Harrington stated that five priorities have been identified, the top being
housing rehabilitation in terms of the direction of efforts and resources; at least 44
structures are considered to be good candidates for substantial rehabilitation and
at least an equal or greater number of structures are candidates for minor
renovation; therefore, over one-half of the structures in the corridor would benefit
from some type of community revitalization. He advised that community services
were identified as a priority for the neighborhood and the project; for a number of
months the neighborhood has been working to locate a health care center in the
southeast corridor; residents are anxiously waiting for the opening of the police
substation which they believe will be of benefit to the corridor; and residents are
hopeful that a community recreation center will be located somewhere in southeast
and in the project area. He called attention to suggestions in the planning process
that there be an evaluation of vacant property within the corridor to determine
whether or not such community facilities could be located in the project area and,
13
if so, vacant land should be used for the above referenced community service
facilities and not for infill housing. He stated that of the 43 vacant lots, housing infill
is a potential in the corridor by both public and private action. He recommended, as
the City continues the process to adopt neighborhood design district standards, that
infill housing be compatible by design and scale perspective with existing housing.
He advised that the fourth priority was traffic and neighborhood calming; the area
is a major transportation corridor for the community, with approximately 24,000
vehicles per day traveling in and out of the City through the area; therefore,
recommendations involve investigation of alternatives to ensure that the streets are
brought back to the neighborhood character through neighborhood calming and
traffic calming technology. He explained that the fifth priority relates to commercial
rehabilitation and infill and called attention to two new examples of commercial
development in the corridor: Advance Store and CVS Pharmacy, with most of the
other commercial properties being relatively dated and suffering from lack of
landscaping and outdated signage. He called attention to numerous opportunities
for housing revitalization activities and opportunities in terms of evaluating traffic
and commercial uses. He referred to the following two components for
implementation; Le.: the housing component - - in the near future, Council will be
requested to enter into agreements with the City of Roanoke Redevelopment and
Housing Authority and Blue Ridge Housing Development Corporation to serve as
lead housing agencies to implement the housing components, and Blue Ridge
Housing Development Corporation will sponsor a faith-based organization, World
Changers, involving approximately 350 youth who will participate in minor home
activities in the corridor in the summer of 2003. He advised that three lending
institutions, in addition to private leveraging being brought by the Roanoke
Redevelopment and Housing Authority and Blue Ridge Housing Development
Corporation, have blended activities and resources in the amount of $1.7 million,
some of which is in inkind services, publications, and actual financing. He
presented copy of the non-housing component and plans of the City of Roanoke for
implementation of various activities outside of housing, which lists the various City
departments agencies and resources they plan to contribute for implementation of
the "Southeast by Design" project.
Council Member Carder commended the work of The Reverend David Walton,
Pastor, Belmont Christian Church, and the Faith Works organization. He requested
an update on the complexity ofthe project and those City departments participating
in the process.
Mr. Etienne advised that neighborhood revitalization is a complex activity
because it requires not just housing, but City resources to address traffic,
community health care, neighborhood planning, etc. He stated that 17 City
departments have committed their resources to revitalize the community which is
a major undertaking that requires not only Federal housing funds, but City
14
resources. He expressed appreciation to those City departments that have
committed approximately $500,000.00 toward revitalization of the corridor, and
explained that for every $1.00 of Federal funds devoted to the project, the City is
leveraging the project with $4.00; therefore, the City of Roanoke is leveraging the
$1.5 million invested in the community with $4.8 million in private funds, while
continuing to work with other financial institutions to increase the leverage.
Question was raised in regard to traffic calming mitigation; whereupon, the
City Manager advised that as specific plans are developed, and because the traffic
challenge is particularly onerous, it may be necessary to come back to Council with
regard to the traffic situation. She stated that because southeast was the first
communityto be addressed under the program, the next Council agenda will include
a report on those neighborhoods that will be targeted following completion of the
"Southeast by Design" project. She advised that it is anticipated that it will take
longer than 12 months to complete the stated goals in the southeast area; therefore,
it may be necessary to focus on the southeast corridor for two years, as opposed to
the one year that was initially envisioned. She explained that future neighborhoods
will have neighborhood plans already developed which will enable activities to be
completed at a faster pace.
Mr. Etienne advised that the National Housing Design competition will be held
in January, 2003 and winning designs will be used in the "Southeast by Design" pilot
project. He stressed the importance that houses constructed in the community are
compatible with existing housing, and winning designs from the National Housing
Design competition will be used as a model for the community.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
ITEMS RECOMMENDED FOR ACTION:
CAPITAL IMPROVEMENTS PROGRAM-ROANOKE ARTS COMMISSION-ART
ACQUISITION-SCHOOLS: The City Manager submitted a communication advising
that at its regular meeting on September 3, 2002, Council received a staff
recommendation regarding potential changes to current guidelines for the Percent
for Art Program; at that time, Mark McConnel, Chair, Roanoke Arts Commission,
presented suggested changes to the guidelines as prepared by staff; Council
referred the proposed guidelines back to the City Manager for a second review in an
effort to reach consensus with the Arts Commission; and subsequently, Council met
with the School Board on September 16, 2002, to discuss involvement of the
Schools in the Percent for Art Program.
15
It was further advised that guidelines have now been revised to incorporate
changes suggested by the Arts Commission Chairman and Members of Council;
guidelines have also been revised to reflect participation by Roanoke City Schools
in the Program; and cost to begin implementation is $192,701.00 based on one per
cent of construction cost for eligible capital projects, including School projects, in
the Capital Improvements Program.
The City Manager recommended that Council adopt a measure approving
revised guidelines for the Percent for Art Program.
Mr. Cutler offered the following resolution:
(#36076-100302) A RESOLUTION endorsing a Percent-for-Art Program, and
repealing Resolution No. 33077-081996, adopted on August 19, 1996, which adopted
certain guidelines for the Percent-for-Art Program; and adopting new guidelines for
the Program.
(For full text of Resolution, see Resolution Book No. 66, page 437.)
Mr. Cutler moved the adoption of Resolution No. 36076-100302. The motion
was seconded by Mr. Bestpitch.
Robert Humphreys, Vice-Chair, Roanoke Arts Commission, spoke in support
of the guidelines and expressed appreciation to Council and to City staff for their
work. He stated that the guidelines will mark a new era for cultural enhancements
in the City of Roanoke, and the Roanoke Arts Commission looks forward to working
with Council and the citizens of the City of Roanoke. He explained that the Roanoke
Arts Commission is in the developmental stage of a long range City wide public art
plan that will involve input from City government, business leaders and citizens of
Roanoke, and it is the goal of the Arts Commission that the City of Roanoke be seen
as a progressive city that has its share of public art and cultural institutions and
serves as a successful model for other cities to emulate.
Resolution No. 36076-100302 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r Smith --------------------------------------------------------------------------------------------7.
NAYS: None-------------------_______________________________---------------------------------------0.
FIRST CITIES COALITION: The City Manager submitted a communication
advising that Virginia First Cities is a coalition of 14 of the most fiscally stressed
older cities in Virginia advocating State government policy changes that will help
16
create a high quality of life in urban areas, and Roanoke is currently a member city;
Virginia First Cities Coalition is determined to develop a more formal relationship
among its member cities; a consultant was asked to prepare organizational
documents for Virginia First Cities; and it has been concluded that the structure
which best suits this purpose is a Joint Powers Association, allowable by the Code
of Virginia, ~15.2-1300 et seq; in order for the City of Roanoke to enter into a more
formal relationship among the member cities, an ordinance needs to be approved
by City Council; and copy ofthe proposed Joint Powers Association Agreement and
By-Laws was presented for Council's consideration.
The City Manager recommended that Council adopt an ordinance authorizing
the City of Roanoke to enter into a Joint Powers Association Agreement, pursuant
to the Code of Virginia, 1950, as amended, ~15.2-1300 et seq.
Mr. Carder offered the following ordinance:
(#36077 -100302) AN ORDINANCE authorizing execution of a Joint Powers
Association Agreement, dated September 1, 2002, by and among the City and
various local governments of the Commonwealth, for the purpose of formally
establishing the Virginia First Cities Coalition, and approving the By-Laws of the
Coalition, upon certain terms and conditions, and dispensing with the second
reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 438.)
Mr. Carder moved the adoption of Ordinance No. 36077-100302. The motion
was seconded by Mr. Dowe.
Due to lobbying efforts of the Virginia First Cities Coalition, Council Member
Carder called attention to a victory in regard to the street maintenance payment
allocation formula, and advised that the street maintenance cost index has been
increased by eight per cent, which means an additional $253,215.00 to the City of
Roanoke.
Council Member Bestpitch inquired if the Joint Powers Association Agreement
is in draft format; whereupon, the City Attorney advised that the City has not
received the final version of the agreement. Mr. Bestpitch called attention to
instances in the draft agreement where it states, "take such other legal actions as
are appropriate", and suggested that the word "lawful" be used in lieu of "legal",
since legal action means taking one to court and lawful action means doing those
things that are within the law, or not specifically against the law.
17
Mr. Bestpitch also inquired about discussions in regard to membership cost
for localities; whereupon, the City Manager advised that current members pay an
annual fee and there is no indication at this time that the annual fee will increase.
She stated that any change would have to be presented to the member organization
in the spring ofthe year for adoptionlincorporation into the annual operating budget
and any change would be effective at the beginning of each fiscal year. She advised
that currently, no increased cost is proposed; however if the annual fee increases
in the future, member localities would have the opportunity to address the matter
prior to enaction. She added that there are ways within the confines of the
agreement to withdraw from the organization, should the locality determine the
annual fee to be onerous at any point in time.
Mr. Bestpitch advised that the By-Laws speak to the designated elected
official or alternate, and the designated administrative official or alternate; however,
the agreement does not identify a process by which those individuals are to be
appointed. The City Manager explained that it is at the discretion of the individual
member localities to determine their membership; Council Member Carder was
reaffirmed on July 1, 2002, as the Council's designated representative and the
administrative official has typically been the City Manager of each of the
participating jurisdictions.
Mr. Bestpitch suggested that the City Manager report to Council with regard
to formalizing the process for appointing the designated representative and
alternate, and the designated administrative official and alternate.
There was discussion with regard to listing the names of specific individuals
assigned to the various offices in the Joint Powers Association Agreement;
whereupon, the City Attorney clarified a requirement in the Commonwealth of
Virginia that when a new corporation files its initial Articles of Incorporation, it is
appropriate to name the initial officers, which are later subject to change.
Ordinance No. 36077-100302 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r Smith --------------------------------------------------------------------------------------------7.
NAYS: None-----------------------___________________________---------------------------------------0.
HEALTH DEPARTMENT -BUDGET -HUMAN DEVELOPMENT-GRANTS: The City
Manager submitted a communication advising that the Roanoke Department of
Social Services and the State Department of Social Services entered into an
agreement in 1994 to establish an Eligibility Worker position through the Department
of Social Services to be located at the Roanoke Health Department, to ensure that
18
all citizens have an opportunity to apply for Medicaid; the Agreement remains in
effect until modified by mutual consent or operation of law; there is no local cost for
the position; approximately 50 per cent of the cost is reimbursed from Federal
Medicaid administrative funds, and the Health Department reimburses the remaining
cost; and the Roanoke Health Department wishes to continue the service.
The City Manager recommended that she be authorized to execute a contract
between the City of Roanoke, the State Health Department, and the Virginia
Department of Social Services, such agreement to be approved as to form by the
City Attorney, to continue the services of the outstationed Eligibility Worker at the
Health Department, in accordance with the original agreement; and that Council
appropriate $34,678.00 for fiscal year 2002-03 to revenue and expenditure accounts
to be established by the Director of Finance, as follows:
Salary
City Retirement
ICMA Match
FICA
Health Ins.
Dental Ins.
Disability Ins.
$27,203.00
1,700.00
650.00
2,081.00
2,748.00
202.00
94.00
Mr. Bestpitch offered the following budget ordinance:
(#36078-100302) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 440.)
Mr. Bestpitch moved the adoption of Ordinance No. 36078-100302. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r Smith --------------------------------------------------------------------------------------------7.
NAYS: None---------------------_____________________________---------------------------------------0.
Mr. Dowe offered the following resolution:
19
(#36079-100302) A RESOLUTION authorizing the City Manager to execute, on
behalf of the Department of Social Services, an Agreement between the Roanoke
City Department of Social Services, the State Health Department and the Virginia
Department of Social Services for the continued services of an Eligibility Worker at
the Health Department, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 66, page 441.)
Mr. Dowe moved the adoption of Resolution No. 36079-100302. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r Smith --------------------------------------------------------------------------------------------7.
NAYS: None-----------------------___________________________---------------------------------------0.
SIGNALS AND ALARMS-TRAFFIC: The City Manager submitted a
communication advising that the Virginia Department of Transportation (VDOT)
approved an application from the City of Roanoke in 1998 for installation of railroad
crossing gates on Norfolk Avenue, west of 3rd Street, S. E, which location is
presently controlled by flashing lights; funding to install the new gates and replace
the flashing lights is 90 per cent Federal and ten per cent local; VDOT allows 98 per
cent of the local share to be funded from Roanoke's annual allocation of urban
construction funds; of the $329,400.00 estimated for the project, Roanoke will be left
with a direct cost of $658.80 (0.2 per cent of total cost); and existing operating
accounts within the Transportation Division of the Department of Public Works can
fund the City of Roanoke's share of this project.
It was further advised that an agreement between the City of Roanoke, the
Commonwealth of Virginia and the Norfolk Southern Railway Company has been
prepared and provided to the City for execution; in addition to construction cost,
there is an annual maintenance fee of $987.50 for which the City of Roanoke will be
responsible, which likewise can be funded from the Transportation Division's
operating accounts; and authority is needed for the City Manager to execute the
agreement on behalf of the City of Roanoke.
The City Manager recommended that she be authorized to execute, on behalf
of the City of Roanoke, an agreement with the Commonwealth of Virginia and the
Norfolk Southern Railway Company.
Mr. Harris offered the following resolution:
20
(#36080-100302) A RESOLUTION authorizing execution of an agreement
between the City and the Commonwealth of Virginia, Department of Transportation,
and the Norfolk Southern Railway Company, said agreement relating to the
installation of flashing light signals and short arm gates at the crossing of Norfolk
Avenue.
(For full text of Resolution, see Resolution Book No. 66, page 442.)
Mr. Harris moved the adoption of Resolution No. 36080-100302. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r S m i th --------------------------------------------------------------------------------------------7.
NAYS: None-----------------_________________________________---------------------------------------0.
POLICE DEPARTMENT-BUILDINGS/BUILDING DEPARTMENT-BUDGET: The
City Manager submitted a communication advising that in January 2002, a contract
for consulting services between the City of Roanoke and Ronald M. Martin &
Associates, P.C., t1a Martin & Associates, P.C., for the Police Building project _
Phase II, was terminated for cause based on the consultant's inability to maintain the
project schedule and due to the loss of key personnel within its organization; and
upon termination, the City paid approximately $63,000.00 for services rendered to
date.
It was further advised that in January 2002, a Request for Proposals to solicit
professional architectural and engineering services to complete the Phase II portion
of the Police Building project was publicly advertised; and the City received
proposals from four architectural-engineering design firms, with the firm of
Cederquist Rodriguez Ripley, P.C., d/b/a Rodriguez Ripley Maddux Motley being
selected as the best qualified to provide the required services.
It was stated that City staff has negotiated an acceptable agreement for the
above referenced work with Rodriguez Ripley Maddux Motley, for a lump sum fee of
$345,000.00, which includes all normal ("basic") architectural/engineering design,
bid and construction phase services; cost for project design has increased due to
introduction of a new consultant; the new consultant will also assist the City in
preparation of several development options related to the proposed site, which
services were not included in the previous scope of work; total funding in the
amount of $375,800.00 is needed for the project; funding in excess of the contract
amount is needed to support advertising expenses, reproduction of bid documents,
and other unforeseen project expenses; and funding is available in the following
accounts:
21
Name
Account Number
Amount
New Police Building
Construction
008-052-9563
$ 34,000.00
Police Building Design
008-052-9564
201,000.00
Capital Improvement
Reserve
008-052-9575-9173
140.000.00
$ 375,800.00
The City Manager recommended that she be authorized to execute a Contract
for Consultant Services for the above referenced work with Cederquist Rodriguez
Ripley, P.C., d/b/a Rodriguez Ripley Maddux Motley, in the amount of $345,000.00;
that Council transfer $34,000.00 from Account No. 008-052-9563, New Police
Building Construction, $201,800.00 from Account No. 008-052-9564, Police Building
Design, and $140,000.00 from Account No. 008-052-9575-9173, Capital Improvements
Reserve, to an account to be established by the Director of Finance entitled, Police
Building Design - Phase II.
Mr. Harris offered the following ordinance:
(#36081-100302) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 443.)
Mr. Harris moved the adoption of Ordinance No. 36081-100302. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r Smith --------------------------------------------------------------------------------------------7.
NAYS: None----------------__________________________________---------------------------------------0.
Mr. Bestpitch offered the following resolution:
22
(#36082-100302) A RESOLUTION authorizing a contract with
Cederquist Rodriquez Ripley, P. C., d/b/a Rodriguez Ripley Maddux Motley, for
architectural and engineering services for the Police Building Project - Phase II.
(For full text of Resolution, see Resolution Book No. 66, page 444.)
Mr. Bestpitch moved the adoption of Resolution No. 36082-100302. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r Smith -.---.-.-.-.-.-.-.-.--.-.--.-.--.-.-.-.----.------.-.-------.--__._.________.._._..__._..__. 7.
NAYS: None--..........................................___._.---..--..-..--..-...-......-....-......0.
BUDGET-FIRE DEPARTMENT.EMERGENCY MEDICAL SERVICES: The City
Manager submitted a communication advising that the Assistance to Firefighters
Grant Program is designed as an opportunity for the United States Congress to work
with the Federal Emergency Management Agency (FEMA) to enhance basic fire
service delivery across the United States; over 19,000 fire departments applied for
grant awards this year; however, 5,000 departments will receive the allotted $360
million to support fire protection, EMS delivery, vehicle purchase, and prevention
programs in 2002.
It was further advised that the Federal Emergency Management Agency and
the United States Fire Administration recently announced that the Roanoke Fire.EMS
Department has been awarded a $624,840.00 grant from the 2002 Assistance to
Firefighters Grant program; the total award package includes a local match of 30
per cent, totaling $187,452.00, which is budgeted in Account No. 001.520.3213.9132;
the grant was authored and submitted in collaboration with Randall Funding and
Development, Inc., the firm with which Council authorized execution of a contract
for grant writing services earlier this year; and to date, not inclusive of matching
funds, $570,388.00 in grant funding ($15,000.00 non.monetary) has been generated
to the City through the contract, at a cost of $121,000.00 for two years.
It was explained that the award will be used by the Fire/EMS Department for
support in Fire Operations and Firefighter Safety; specifically, the award will be used
to acquire new firefighting equipment in the form of Rapid Intervention Team (RIT)
kits and to update personal protective equipment by replacing old and obsolete air
packs.
23
The City Manager recommended that Council authorize acceptance of the grant
award; authorize the City Manager to execute the required grant agreement and any
other related documents, and establish appropriate revenue and expenditure
estimatesin the Grant Fund in accounts to be determined by the Director of Finance;
and approve transfer of the City's match, in the amount of $187,452.00, from Account
No. 001-520-3213-9132, to Transfers to Grant Fund account.
Mr. Dowe offered the following ordinance:
(#36083-100302) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 General and Grant Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 445.)
Mr. Dowe moved the adoption of Ordinance No. 36083-100302. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and MayorSmith------------------_______________________________--------------------------------------------------7.
NAYS: N one-------------------------_____
--------------------
~~---------~.
Mr. Bestpitch offered the following resolution:
(#36084-100302) A RESOLUTION authorizing the acceptance of a certain
Assistance to Firefighters Grant from the Federal Emergency Management Agency, and
authorizing execution of any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 66, page 446.)
Mr. Bestpitch moved the adoption of Resolution No. 36084-100302. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and MayorSmith------------------__________________________ ~ .~-------------------------------------7.
NAYS: None------------------------__________________________---------------------------------------------0.
CITY ATTORNEY:
24
BUDGET -LEGISLATION-SCHOOLS: The City Attorney submitted a written report
advising that at the Council meeting on September 16, 2002, after reviewing a Virginia
Education Association resolution concerning the educational funding crisis in the
Commonwealth of Virginia, Council referred the matter to the City Attorney for
preparation of a resolution for consideration by Council; whereupon, in accordance
with the request of Council, he transmitted a resolution expressing the City Council's
concerns regarding the educational funding crisis in the Commonwealth of Virginia.
Ms. Wyatt offered the following resolution:
(#36085-100302) A RESOLUTION declaring the educational funding crisis in the
Commonwealth to be of paramount importance to the City, its residents and its school
children.
(For full text of Resolution, see Resolution Book No. 66, page 447.)
Ms. Wyatt moved the adoption of Resolution No. 36085-100302. The motion was
seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and MayorSmith---------------------_______________________-------------------------------------------------------7.
NAYS: None------------------------___________________________---------------------------------------------0.
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 July, 2002.
The Director of Finance pointed out that sales tax is up by 1.6 per cent compared
to a year ago, which is positive because the sales tax was previously declining on a
month to month basis. He stated that he has been working with cell phone companies
to better identify the locality of residence of an individual cell phone customer, and the
method by which the cell phone company divides the cell phone tax. He advised that
prior to closing the fiscal year on June 30, 2002, the City received a payment from a
major cell phone company of approximately $400,000.00, with the understanding that
on a monthly basis, the City of Roanoke is owed a major share of cell phone tax
collections in the Roanoke Valley. He stated that everyone is anxiously awaiting news
from the Governor on proposed State budget reductions, and the City Manager has
identified several measures to be taken by the City in anticipation of State funding
reductions.
25
There being no questions and without objection by Council, the Mayor advised
that the Financial Report would be received and filed.
REPORTS OF COMMITTEES: NONE
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
VIRGINIA MUNICIPAL LEAGUE-CITY COUNCIL: Mr. Cutler offered the following
resolution designating William D. Bestpitch as Voting Delegate, and William H. Carder
as Alternate Voting Delegate, for the Annual Business Session and meetings of the
Urban Section of the Virginia Municipal League, and designating the City Manager as
the Staff Assistant for any meetings of the Urban Section to be held on Tuesday,
October 22, 2002, in Nolfolk, Virginia:
(#36086-100302) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Session and meetings of the Urban Section
of the Virginia Municipal League and designating a Staff Assistant for any meetings of
the Urban Section.
(For full text of Resolution, see Resolution Book No. 66, page 449.)
Mr. Cutler moved the adoption of Resolution No. 36086-100302. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and MayorSmith------------------------------------________---------------------------------------------__________Jr.
NAYS: None----------------------------------------__________----------------------------------------------0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
WATER RESOURCES: Council Member Dowe referred to a recent newspaper
article regarding lead poisoning, and inquired if there is anything that can be done to
decrease and eventually eliminate lead poisoning and arsenic levels in the City's water
supply.
DECEASED PERSONS: Council Member Dowe called attention to the passing of
Ms. Lola Morgan, a long time resident of the City of Salem, and requested that the
Morgan family be remembered in prayer.
26
CITY COUNCil-LANDMARKS/HISTORIC PRESERVATION: Council Member
Carder commended Vice-Mayor Harris on his book entitled, Roanoke In Vintage
Postcards, which chronicles the history of the City of Roanoke and its architecture
through postcards.
COMPLAINTS-CITY COUNCil-COMMUNITY PLANNING: Council Member Wyatt
expressed concern with regard to the proliferation of tattoo parlors in the Williamson
Road area. She advised that the City Attorney has provided the City Planning
Commission with a draft measure to address the matter and requested that the City
Manager expedite the process through the City Planning Commission for presentation
to Council as soon as possible.
The City Manager advised that the process could be expedited by approximately
six weeks if the Council and the City Planning Commission hold a joint public hearing;
therefore, she would refer the matter to the Director of Community Planning and Code
Enforcement.
GRANDIN THEATER: Vice-Mayor Harris advised that the grand opening of the
Grandin Theater will be held on Sunday, October 20, 2002. He further advised that some
Members of Council will be out of the City on October 20; therefore, the Executive
Director of the Grandin Theater will be available to provide tours for those Members of
Council who cannot attend the grand opening. He expressed appreciation to Council
for its support of the Grandin Theater project, which was a public/private partnership
to save and renovate a historical theater in the Roanoke community. He advised that
on October 20, 2002, the Grandin Theater will come back on the City's tax roles as a tax
paying corporate citizen of the community.
YOUTH: The Mayor presented remarks with regard to the White House
Conference on "Missing, Exploited and Runaway Children", which he attended on
Wednesday, October 3,2002, in Washington, D. C. He advised that the Conference was
attended by the President of the United States and Mrs. Bush, the Attorney General, a
majority of the President's Cabinet, the Director of the Federal Bureau of Investigation,
the Secretary of Education, the Secretary of State, and John Walsh, host of America's
Most Wanted, all of whom were present to emphasize the seriousness of the matter.
He stated that many persons were in attendance who had experienced such tragedies
in their lives; whereupon, the Mayor called attention to the importance of supporting
those organizations that would prevent this type of tragedy from happening in the
Roanoke Valley.
SPORTS ACTIVITIES: Council Member Wyatt advised that the Roanoke Express
hockey team recently held its first game with Richmond and the second expedition
game for this season will be held this evening at the Ice Station. She encouraged
citizens to support their home town hockey team.
27
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring referral
to the City Manager will be referred immediately for response, report and
recommendation to Council.
No citizens signed up to speak.
CITY MANAGER COMMENTS:
GRANDIN THEATER: The City Manager advised that she had an opportunity to
tour the newly renovated Grandin Theater, and the community will be pleased with the
changes that have been made to the facility.
CITY COUNCIL-CITY INFORMATION SYSTEMS: In view of time constraints, the
City Manager withdrew a briefing on technology which was previously scheduled to be
held following the 2:00 p.m. session of City Council.
At 4:10 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159, for a
briefing on a traffic management study.
At 4:15 p.m., the Council meeting reconvened in Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, for a briefing on a traffic
management study.
PRESENT: Council Members William D. Bestpitch, William H. Carder, M. Rupert
Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith-7.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A Hall, Director of Finance; and Mary F. Parker, City Clerk.
TRAFFIC-ROANOKE CIVIC CENTER: The City Manager introduced an overview
of the traffic management study that addresses parking and traffic issues related to
expansion of the Roanoke Civic Center and construction of the new
stadium/amphitheater on Orange Avenue, N. W. She advised that both projects are
anticipated to be bid shortly after January 1, 2003, with the goal of achieving certain
economies through the potential of a single contractor. She introduced Paul Anderson,
representing the firm of Hayes, Seay, Mattern and Mattern; Joe Wallace, representing
the firm of Weldon Smith Associates; and Kenneth H. King, City of Roanoke Traffic
Engineer, members of the team that worked on the traffic management plan. She
advised that Mr. Anderson would address the traffic study which covered numerous
Roanoke intersections, the proposed management plan for addressing traffic at the
Civic Center and any major event in the downtown area, and experiences with regard
to two recent large events at the Roanoke Civic Center.
28
Mr. Anderson addressed the impact of additions/improvements to the Civic
Center and construction of a new stadium/amphitheater on Orange Avenue. He stated
that traffic must be viewed differently for a venue of this type, as opposed to normal
development such as an office park/building, etc., in that there will not be a lot of traffic
most of the time; however, when events are held, there will be a large volume of traffic,
demanding a large amount of parking spaces. Additionally, he noted that expectations
for those persons exiting the facility will be different than for the average development
that has week day traffic five days a week throughout the year.
He explained the data gathering phase of the study which involved talking with
persons familiar with the operation of civic centers, interviews with stakeholders in the
project, and reviewing actual events during the study process. He stated that impacts
of the site are not going to be felt at just the Williamson Road/Orange Avene site alone,
but at other major venues and arterials of Williamson Road/Orange Avenue, and as far
out as Hershberger Road could be affected when there is a need to route traffic for large
events.
He called attention to the method of reviewing traffic, from a typical Friday night
hockey game, to a sell out concert at the stadium/amphitheater; therefore, it was
decided to review seven different scenarios; i.e.: a major event with a sell out at both
sites at the same time, a major event at the civic center, a major event at the
stadium/amphitheater, normal events at the civic center and stadium/amphitheater, or
those kinds of events that happen 10 - 20 times a year such as a high school football
game, and minor events at both sites; Le.: what happens when there is a high school
football game and a hockey game going on at the same time.
He advised that a traffic management plan involves taking the tools that the City
has at its disposal and coordinating those tools with traffic in the area, because there
is a lot of capacity to bring people to the site, through the use of exit ramps, and parking
on the two sites; however, there will not be sufficient parking at either site to handle all
vehicles at a sell out event; therefore, the question becomes where will patrons park.
He called attention to a large amount of downtown parking which could be utilized with
accompanying shuttle bus operations that will serve as the backbone of the traffic
management plan; the need for improved communication with patrons through the use
of variable message signs that will advise patrons of the status of the parking lots and
directions to nearby parking garages; and temporary signs will be set up on barricades
and permanent signs will be flipped up or down depending on whether a shuttle is
available. He stated that there should be better communication between parking lot
attendants so that they will know when the parking lots are full, the civic center roof top
has been used to observe traffic for two recent events, and will continue to be used with
appropriate staff and video cameras, and video cameras can be used for security
purposes as well. He called attention to the need to accommodate the shuttle bus
operations to ensure that they are not detained in traffic, waiting for traffic lights to
29
change, or waiting for vehicular traffic to move on, all of which can cause efficiency to
go down. He referred to the need to establish a temporary traffic management center
to manage the various agencies involved in an event such as police, civic center on site
parking staff, coordination with the Virginia Department of Transportation in regard to
message signs on 1-581, and Valley Metro staff. He also called attention to the
importance of the pedestrian bridge which is intended to link the civic center and the
stadium/amphitheater sites, and the need for meetings in order to coordinate plans so
that everyone involved is working from one plan.
Kenneth H. King, Traffic Engineer, discussed pre planning traffic management
at two recent civic center events; Le.: the Down From the Mountain concert which was
almost a sell out and the Elton John concert which was a sell out. He reviewed
management measures that were implemented for both events, including shuttle
buses,vehicular parking in the Gainsboro, Church Avenue and Williamson Road parking
decks, variable message signs at certain peripheral locations, directions to the various
parking decks for those persons who are not familiar with the Roanoke area, a parking
attendant who greeted individuals as they exited shuttle buses to remind patrons to
remember which shuttle they took and which parking deck they used, and shuttle bus
operators communicated over radios with civic center patrons.
Mr. King called attention to measures that were taken to keep a clear corridor for
the shuttle bus operation by working with public safety staff and civic center staff to
maintain a free flow of traffic, bus priority loop, certain street intersections were chosen
where staff could restrict movement and intersection lights were placed on flashing,
while other intersections were moved by police control. He advised that each event will
be different or unique and will require coordination with the various parties involved;
therefore, the key component is pre planning coordination and cooperation with other
affected City departments. He stated that the goal of the City is to make shuttle bus
operations as attractive, if not more so, than actually driving to the site, because those
persons driving to the site create the greatest demand on the system. He called
attention to the need to reduce congested traffic points, reroute traffic around
congested points, utilize off site parking to its greatest advantage, improve shuttle
ramps and efficiency of the shuttle loop, enhance on-street traffic control, effective
communication by staff which will involve all persons working from the same game
plan, and staff will have to be proactive and take control of the traffic in order to manage
traffic and prevent traffic congestion.
Mr. Lawrence called attention to the importance of coordination of traffic signals
for successful traffic management, which can be a 24 hour a day, seven days a week
project, and can be used in those instances when an event is not taking place at the
civic center and/or stadium/amphitheater and can also be implemented in the event of
a traffic accident when traffic needs to be detoured. Also, he indicated that some of the
variable message signs that are currently temporary could be made permanent so that
30
they are available for these types of occurrences. He advised that by virtue of sending
the parking downtown, an economic spin-off is created for the downtown area; and
civic center events are not competing with, but complimenting downtown, i.e.: a patron
comes from work, leaves their vehicle parked in its same location, goes to dinner in the
downtown area, takes a shuttle bus to the civic center, returns to the downtown area
after the event, and takes advantage of activities in the City Market area.
The City Manager advised that the recommendations have applicability to the
entire City, and civic center and stadium/amphitheater parking can, in the future, serve
as locations to park vehicles when there are major events in the downtown area;
therefore, the kinds of tools that will be used for parking can be applied to different
scenarios.
Council Member Dowe suggested the use of pre-recorded am radio messages
for civic center and stadium/amphitheater patrons to monitor the parking/traffic
situation via their car radios, which would enable them to take advantage of alternate
routes prior to approaching a multiple message sign.
It was noted that part of the overall publicity package could be the provision of
flyers with ticket purchases containing information on available parking and shuttle bus
service; and messages could be posted on the City's web-site.
Question was raised as to traffic management for the amphitheater and sports
complex; whereupon, Mr. Anderson advised that it is not proposed to widen Williamson
Road, but it is envisioned that temporary signage will be used to indicate that through
traffic should stay to the right and event traffic should remain in the left lane, and Wayne
Street will be used as the main entrance. By using a map of the area, he explained how
traffic will enter and exit the stadium/amphitheater complex.
Council Member Wyatt suggested a type of color coding for shuttle buses that
could be linked to a certain garage/parking deck.
Upon question, the City Manager advised that currently, the Civic Center parking
lot is used by City employees for parking, which has freed up approximately 300
parking spaces in downtown; however, City staff is looking at other distant lots because
the Civic Center parking lot cannot be filled up during the day due to day time events
that need parking accommodations. She stated that as soon as another distant lot is
identified, a shuttle service to downtown will be initiated and Downtown Roanoke, Inc.,
has expressed an interest in participating in the employee shuttle bus program.
The Mayor suggested that Center in the Square and First Union Tower Parking
decks also be used for parking for civic center and stadium/amphitheater events, which
would also create a spinoff for restaurants in the City Market area.
31
There was discussion in regard to costs associated with the traffic management
plan in which the City Manager advised that in most communities traffic management
is a shared cost between the promoter and the facility; i.e.: the event may require the
use of police office's, but police officers would be paid from a budget other than the
City's police budget, and shuttle buses could be funded from a combined promoter fund
and/or civic center budget.
(Council Member Bestpitch left the meeting at 5:10 p.m.)
(Council Member Dowe left the meeting at 5:20 p.m.)
At 5:25 p.m., the Mayor declared the meeting in recess for three Closed Sessions
which were previously approved by Council.
At 6:00 p.m., the Council meeting reconvened in the City Council Chamber,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with all
Members of the Council in attendance, except Council Members Bestpitch and Dowe,
Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting 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 Closed Meeting was convened were heard,
discussed or considered by City Council. The motion was seconded by Mr. Cutler and
adopted by the following vote:
AYES: Council Members Carder, Cutler, Harris, Wyatt and Mayor Smith--------5.
NAYS: None-----------------------____________________________________________
------------------().
(Council Members Bestpitch and Dowe were absent.)
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor advised that the term
of office of Dennis R. Cronk and Stark H. Jones as members of the Industrial
Development Authority will expire on October 20, 2002, and called for nominations to
fill the vacancies.
Mr. Harris placed in nomination the names of Dennis R. Cronk and Stark H.
Jones.
There being no further nominations, Messrs. Cronk and Jones were reappointed
as Directors of the Industrial Development Authority, for terms ending October 20,2006,
by the following vote:
32
FOR MESSRS. CRONK AND JONES: Council Members Carder, Cutler, Harris,
~~att and Ma~or Smitl1-------------------_____________________________________________________________________~.
(Council Members Bestpitcl1 and Dowe were absent.)
OATHS OF OFFICE-TRAFFIC-COMMITTEES-TRANSPORTATION SAFETY: Tile
Ma~or advised tl1at tl1ere is a vacanc~ on tile City of Roanoke Transportation Safety
Commission, and called for nominations to fill tile vacanc~.
Mr. Harris placed in nomination tile name of David Fifer.
Tl1ere being no furtl1er nominations, Mr. Fifer was appointed as a member of tile
City of Roanoke Transportation Safety Commission, for a term ending October 31,2004,
b~ tile following vote:
FOR MR. FIFER: Council Members Carder, Cutler, Harris, ~~att and Ma~or Smitl1-
---------------------------------------------------------------------------------------------------------------------------~.
(Council Members Bestpitcl1 and Dowe were absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: Tile Ma~or
advised tl1at tl1ere is a vacanc~ on tile Roanoke Arts Commission, and called for
nominations to fill tile vacanc~.
Mr. Harris placed in nomination tile name of Betty Brancl1.
Tl1ere being no furtl1er nominations, Ms. Brancl1 was appointed as a member of
tile Roanoke Arts Commission, for a term ending June 30, 200~, b~ tile following vote:
FOR MS. BRANCH: Council Members Carder, Cutler, Harris, ~~att and Ma~or
Smitl1------------------________________________________________________________________________________________________~.
(Council Members Bestpitcl1 and Dowe were absent.)
ZONING-Y. M. C. A.: Tile City Manager submitted a communication advising tl1at
tile City of Roanoke owns approximatel~ 1.99 acres of land in tile block bounded b~
Fiftl1 Street, Campbell Avenue, Sixtl1 Street, and Luck Avenue, S. ~., designated as
Official Tax Nos. 1113401, 1113408, 1113409, 1113410, 1113411, 1113412, 1113414,
1113418, and 1113419; tile onl~ structures on said properties are tile Jefferson Center
(located on Official Tax No. 1113401) and tile Jefferson G~m (located on Official Tax No.
1113414), and tile remaining parcels are currentl~ used for parking; tile YMCA of
Roanoke Valle~, Inc., owns approximately 0.902 acre in tile same block, identified as
Official Tax Nos. 111341~, 1113416, 1113417, 1113420, 1113421, 1113422, 1113423,
1113424, and 111342~; and said parcels are currentl~ used for parking and zoned C-1,
Office District.
33
It was further advised that the YMCA of Roanoke Valley has developed plans for
a new central branch facility that involves participation by the City of Roanoke; the
proposed project is consistent with the Jefferson Center Initiative of Roanoke Outlook
Update, the downtown component of the City's Comprehensive Plan; and in order to
accommodate moving forward with the project, the City needs to enter into a rezoning
petition with the YMCA to rezone said properties from C-1 , Office District, to C-3, Central
Business District.
The City Manager recommended that she be authorized to jointly file with the
YMCA of Roanoke Valley, Inc., an application with the City Planning Commission to
request that the above described parcels of real estate be rezoned from C-1, Office
District, to C-3, Central Business District.
Mr. Carder offered the following resolution:
(#36087 -100302) A RESOLUTION authorizing the filing of a petition to rezone
property which is owned by the City of Roanoke and which is designated as Official Tax
Nos. 1113401, 1113408, 1113409, 1113410, 1113411, 1113412, 1113414, 1113418 and
1113419.
(For full text of Resolution, see Resolution Book No. 66, page 450.)
Mr. Carder moved the adoption of Resolution No. 36087-100302. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Carder, Cutler, Harris, Wyatt and Mayor Smith-------5.
NAYS: None--------------------_________________________________________________________________________.().
(Council Members Bestpitch and Dowe were absent.)
BUDGET-WATER RESOURCES: The City Manager submitted a communication
advising that on February 4, 2002, Council declared that a water supply emergency
existed and instituted water conservation measures, which continue as of this date; on
April 15, 2002, Council further declared the existence of an emergency in connection
with obtaining design services and construction work for certain projects to obtain
additional sources of water to increase the City's water supply to assist in dealing with
the City's water supply emergency; one of the projects was modified by Council on
July 1,2002, to allow for a temporary filtration system at Crystal Spring; two of the three
projects have been completed and the third project is currently underway; since
approval of the emergency water supply projects, rainfall has continued to avoid the
Carvins Cove Reservoir and watersheds and the City's water reserves continue to drop;
and as of September 23, 2002, the level of Carvins Cove Reservoir was 33.6 feet below
the spillway, and 4.4 feet below the lowest recorded level.
34
The City Manager further advised that staff has determined that it is imperative
to expedite additional projects to continue to provide water to the City's customers and
to extend the life of the Carvins Cove Reservoir; staff requests that deviations to the
normal procurement methods be allowed in order to fast track the projects; staff
recommends exploration and development of additional well sites utilizing and
extending the current contract with Golder Associates Inc., of Richmond, Virginia;
estimated cost for additional well sites is $500,000.00, based on the degree of
complexity to evaluate the viability of wells; staff further recommends additional
infrastructure water line construction to bring water from the Roanoke County system
to the City from the Loch Haven service district, at an estimated cost of $1 ,000,000.00,
which is expected to yield three million gallons; balance of remaining funds may be
used for other water line projects; and if real property needs to be acquired for any of
the projects, approval by Council will be requested.
The City Manager recommended that Council appropriate $500,000.00 from Water
Fund retained earnings to Account No. 002-530-8408-9003 - Well Supplements, to
provide for exploration, design and construction of additional well projects as above
described; appropriate $1,000,000.00 from Water Fund retained earnings to an account
to be established by the Director of Finance, to provide for design and construction of
an additional water line(s) as above described, appropriate $140,000.00 from Water Fund
retained earnings to Account No. 002-530-8413-9003 - Crystal Spring Temporary
Filtration, to provide for continuation of use of the system, replacement filters and
additional monthly lease cost on equipment until the permanent facility is placed on
line; that Council declare that an emergency exists within the meaning of ~41 of the City
Charter and authorize the City Manager to make emergency improvements without
following the normal procurement methods, to the extent reasonably necessary for the
above referenced projects; authorize the City Manager to negotiate directly with Golder
Associates to provide additional consulting and well drilling services and to take such
further action, or to execute such documents as may be necessary, to implement and
administer additional well development projects as above referenced, within the above
estimated cost; and authorize the City Manager to negotiate and contract directly with
appropriate entities to provide and obtain design, construction, equipment, and related
work to develop additional infrastructure water line(s) to bring additional water from the
Roanoke County system to the City system from the Loch Haven service district as
above referenced, within the above estimated cost.
Mr. Harris offered the following budget ordinance:
(#36088-100302) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Water Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 451.)
35
Mr. Harris moved the adoption of Ordinance No. 36088-100302. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Cutler, Harris, Wyatt and Mayor Smith-------------5.
NAYS: None------------------------------------___________________________________________________________.().
(Council Members Bestpitch and Dowe were absent.)
Mr. Carder offered the following ordinance:
(#36089-100302) AN ORDINANCE declaring the existence of an emergency in
connection with obtaining certain design services, the lease and/or purchase of
equipment, and construction work for certain projects to try to obtain additional sources
of water to increase the City's water supply to help with the City's water supply
emergency that was declared on February 4,2002, by Ordinance No. 35741-020402;
providing that due to the need to expedite such projects, the normal procurement
method of advertising, conducting competitive negotiations, and/or competitive sealed
bidding be dispensed with to the extent reasonably necessary; authorizing the City
Manager to take such further action and to execute such documents as may be
necessary to implement and administer such projects; and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 452.)
Mr. Carder moved the adoption of Ordinance No. 36089-100302. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Carder, Cutler, Harris, Wyatt and Mayor Smith-------------5.
NAYS: None------------------------------------________________---------------------------------------------0.
(Council Members Bestpitch and Dowe were absent.)
At 6:15 p.m., the Mayor declared the meeting in recess to be reconvened on
Sunday, October 6, 2002, at which time the seven Members of Council will participate
in the 2002 Roanoke Valley Leadership Trip on October 6 - 8,2002, in Charleston, South
Carolina, coordinated by the Coalition for Economic Development.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
36
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
RALPH K. SMITH
Mayor
November 18, 2002
The Honorable Vice-Mayor and
Members of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended.
Mayor
RKS:sm
N:\cksm1\Agenda.02\Closed Session on Vacancies.wpd
CITY OF ROANOKE
CITY COUNCIL
RALPH K. SMITH
Mayor
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Council Members:
William D. Bestpitch
William H. Carder
M. Rupert Cutler
Alfred T. Dowe, Jr.
C. Nelson Harris
Linda F. Wyatt
November 18, 2002
The Honorable Mayor and Members of
the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss a special award, being the Shining Star
Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended.
e;ce~4.
William H. Carder
Council Member
WHC:sm
H:\Agenda.02\CroSed Session Shining Star Award.wpd
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 18, 2002
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Subject: Request for closed meeting
Dear Mayor Smith and Council Members:
This is to request that City Council convene a closed meeting to discuss the
acquisition of real property for a public purpose, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the City, pursuant to 92.2-
3711.A.3, of the Code of Virginia (1950), as amended.
Sincerely,
Darlene L. Burcham
City Manager
DLB/f
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
CITY OF ROANOKE
OFFICE OF CITY A TIORNEY
464 MUNICIPAL BUILDING
2] 5 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 240] ].]595
WILLIAM M. HACKWORTH
CITY ATTORNEY
TELEPHONE: 540-853-2431
FAX: 540-853-1221
EMAIT.: cityatty@ci.roanoke.va.us
ELIZABEm K. DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHERP.FERGUSON
ASSISTANT CITY ATTORNEYS
November 18, 2002
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Smith and Council Members:
This is to request that City Council convene a closed meeting to consult with legal
counsel on a matter of pending litigation, pursuant to s2.2~3711.A.7, Code of Virginia
(1950), as amended.
With kindest personal regards, I am
Sincerely yours,
u~~.~
WMH:f
William M. Hackworth
City Attorney
cc: Darlene L. Burcham, City Manager
Mary F. Parker, City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@cLroanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
November 22, 2002
File #110-335
S. James Sikkema, Executive Director
Blue Ridge Behavioral Healthcare
301 Elm Avenue, S. W.
Roanoke, Virginia 24016-4001
Dear Mr. Sikkema:
Your communication recommending concurrence by Council in the reappointment of
Linda H. Bannister as an at-large member of the Blue Ridge Behavioral Healthcare Board
of Directors, for a term ending December 31,2005, was before the Council of the City of
Roanoke at a regular meeting which was held on Monday, November 18, 2002.
On motion, duly seconded and unanimously adopted, Council concurred in the
reappointment of Ms. Bannister as an at-large member of the Blue Ridge Behavioral
Healthcare Board of Directors for a term ending December 31, 2005.
Sincerely, /J
I'A. ~ J. r A..-h.
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Ms. Linda H. Bannister, 3747 Long Meadow Avenue, N. W., Roanoke, Virginia
24017
H:\Agenda.02\November 18,2002 correspondence.wpd
Blue Ridge
Behavioral
Healthcare
R E. C E ,I \t,E \J " c:- 'I '.' ;.
T " '" .... P l" '"' il r I ,,"- Executive Director
n t ;,. L C " \ - ',' S. James Sikkema, LCSW
William L. Lee Chairman
Rita J. Gliniecki Vice Chairman
John M. Hudgins, Jr. Treasurer
Meredith B. Waid Secretary
'02 NOV 12 P5 :00
November 8, 2002
Ms. Darlene L. Burcham
City Manager
City of Roanoke
215 Church Avenue, SW
Roanoke, VA 24011
Dear Ms. Burcham:
According to our records, the current term of Ms. Linda H. Bannister as an at-
large representative on the Blue Ridge Behavioral Healthcare Board of Directors
will expire on December 31, 2002.
According to 937.1-196 of the Code of Virginia as amended in 1998, Community
Services Board members are eligible for three full three-year terms. We
respectfully request that Roanoke City Council ratify the reappointment of Linda
Bannister for a second term, which will run from January 1, 2003 through
December 31, 2005.
The by-laws of the Board require that appointments of members at-large be
ratified by all five participating localities, so this request is being sent for action by
our other four governments as well.
Si~
\ ,
\ r;1JJ
If. .'
S. Jam Sik ema
Executive Director
C The Honorable Ralph K. Smith, Mayor
Mary F. Parker, City Clerk
Ms. Linda H. Bannister
Executive Offices 301 Elm Avenue SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax (540) 345-6891
~:1e Community Services Board serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@cLroanoke.vaus
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
November 22, 2002
File #110-488
Ms. Christine C. Proffitt
424 Bullitt Avenue, S. E.
Roanoke, Virginia 24013
Dear Ms. Proffitt:
Your communication tendering your resignation as a member of the Roanoke
Neighborhood Partnership Steering Committee, effective immediately, was before the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 18, 2002.
On motion, duly seconded and adopted, the communication was received and filed and
your resignation was accepted.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the Roanoke Neighborhood
Partnership Steering Committee from September 4, 2001 to November 18, 2002. Please
find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke
Valley which was issued by the Mayor on behalf of the Members of the Roanoke City
Council.
SinCerelY,. /)
~ ~ 1. r~
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Carl D. Cooper, Chair, Roanoke Neighborhood Partnership Steering Committee,
2001 Angus Road, N. W., Roanoke, Virginia 24017
Stephen S. Niamke, Roanoke Neighborhood Partnership Coordinator
Stephanie M. Moon, Deputy City Clerk
H:\Agenda.02\November 18, 2002 correspondence.wpd
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CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@cLroanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
November 22,2002
File #67-216-373
Kathleen S. Kilpatrick, Director
Virginia Department of Historic Resources
2801 Kensington Avenue
Richmond, Virginia 23221
Dear Ms. Kilpatrick:
I am enclosing copy of Ordinance No. 36125-111802 authorizing the entering into of a
lease agreement between the City of Roanoke and the Commonwealth of Virginia,
Department of Historic Resources, for certain space in the Buena Vista Recreation Center,
upon certain terms and conditions, and dispensing with the second reading of this
ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002, and is in full force and
effect upon its passage.
n:1~ I ~
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc: Dr. John R. Kern, Director, Virginia Department of Historic Resources, Roanoke
Regional Preservation Office, 1030 Penmar Avenue, S. E., Roanoke, Virginia 24013
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Rolanda A. Johnson, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
H:\Agenda.02\November 18, 2002 correspondence.wpd
~~J
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of November. 2002.
No. 36125-111802.
AN ORDINANCE authorizing entering into a lease agreement between the City and the
Commonwealth of Virginia, Department of Historic ResoUrces, for certain space in the Buena
Vista Recreation Center, upon certain terms and conditions, and dispensing with the second
reading ofthis ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are hereby authorized to execute and attest,
respectively, on behalf of the City, a five-year lease agreement retroactive to March 1, 2002,
between the City and the Commonwealth of Virginia, Department of Historic Resources, with
the option to renew for one (1) additional five-year period, providing for the lease of office and
storage space, said lease term to commence as of March 1, 2002, and terminate February 28,
2007, with provision for cancellation with three (3) months written notice by either party, a copy
of which is attached to the City Manager's report dated November 18, 2002, to this Council,
such lease to be in form approved by the City Attorney.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:\ORDINANCES\0-LeaseBuenaVistall1802.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable C, Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Lease Agreement for
Buena Vista Recreation
Center
Background:
The Commonwealth of Virginia, Department of Historic Resources (DHR) has
been operating its Roanoke Regional Preservation Office from the Buena Vista
Recreation Center. Even though its use of the facility involves limited office and
storage space; DHR has made approximately $10,000 worth of improvements to
its leased space of the Center. These positive changes are consistent with the
departmental direction noted within the Comprehensive Master Plan of Roanoke
Parks and Recreation.
Considerations:
The unexecuted Lease Agreement, authorized by City Council by ordinance
number 33798-051898 between the City of Roanoke and DHR was to expire in
Honorable Mayor and Members of Council
November 18, 2002
Page 2
February 2001. Following minor modifications to the Agreement, DHR has
agreed upon its continuing use of a portion of the facility. The renewal of the
revised Lease (Attachment 1) provides for a term retroactive to March 2002 for a
term of five years at no fee with the option to renew for one additional term.
Recommended Action:
Authorize the City Manager to execute the Lease Agreement with the
Department of Historic Resources upon its being approved as to form by the City
Attorney.
Respectfully submitted,
~~
Darlene L. Burc
City Manager
DLB:kaj
Attachment
c: Rolanda A. Johnson, Assistant City Manager for Community Development
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Steven B. Buschor, Director of Parks and Recreation
#CM02-00258
LEASE AGREEMENT
THIS LEASE AGREEMENT, made this
day of
, 2002, by and
between the CITY OF ROANOKE (the "Lessor") and the COMMONWEALTH OF
VIRGINIA, by the Department of Historic Resources (the "Lessee"), pursuant to 910.1-104
(A)(2) of the Code of Virginia (1950), as amended.
WIT N E SSE T H:
FOR AND IN CONSIDERATION of the terms, conditions, covenants, promises and
agreements herein made, Lessor hereby leases and demises unto Lessee those portions of
Buena Vista Recreation Center ("Recreation Center") outlined in red on Attachment Nos. 1
and 2, ("Premises").
1. TERM OF LEASE: The Premises are leased to Lessee for a period of five (5) years,
beginning on the 1st day of March, 2002, and terminating on the 28th day of February,
2007 (the "Initial Term").
2. RENT: Lessee covenants to pay Lessor the sum of NO DOLLARS and NO CENTS
($0.00) as rent.
3. PURPOSE AND USE OF PREMISES: The Premises are leased to be used and
occupied by the Lessee, and its agents and employees, for a Regional Preservation
Center Program, offices and archaeology laboratory.
4. ACCESSIBILITY BY THE HANDICAPPED:
(A) Lessor agrees that, when the Recreation Center is open to the public, the
Recreation Center leader will notify Lessee's employees on the Premises of the
arrival of physically handicapped and aged individuals needing information or
assistance from the Lessee. Whenever required by Lessee to meet the needs of
physically handicapped individuals, the Recreation Center staff will provide
suitable meeting space on the main floor to the Recreation Center, if such
space is available. Access for the handicapped during hours when the
Recreation Center is not open to the public will not be available and other
arrangements will be made by Lessee's employees.
(B) Lessee shall comply with Lessor's requirements, including means of access to
the Premises and parking. It is agreed that public access to the office space
assigned to the Lessee on the second floor (see attachment) will be through the
front entrance of the building when the Recreation Center is open to the public.
5. DELIVERY OF POSSESSION:
(A) Lessor covenants to deliver quiet posseSSIOn of the Premises at the
commencement of the initial term.
(B) Lessor covenants to deliver the Premises to Lessee upon the commencement of
the initial term in good repair and condition, suitable for the purposes and uses
for which the Premises are leased. Lessor warrants that all plumbing, heating,
air conditioning, electrical and mechanical devices and appliances of every
kind or nature located upon or serving the Premises are, or will be, in good
repair, condition and working order as of the commencement of the initial
term.
6. MAINTENANCE: Lessor covenants to keep, repair and maintain, at Lessor's
expense, the Premises and all plumbing, heating, air conditioning, electrical and
mechanical devices, appliances and equipment located upon or serving the Premises
at the commencement of occupancy of this Lease Agreement in good repair, condition
and working order suitable to the purposes and uses for which Lessee has leased the
same, during the initial term and any renewal terms. As used herein, the word
"repair" shall be deemed to mean and include replacement of broken or cracked glass.
Lessee agrees and consents that Lessor shall have the right to enter the Premises at all
reasonable times for the purpose of inspecting or making any repairs or routine
maintenance that Lessor may deem necessary or appropriate.
7. UTILITIES:
(A) Lessor shall provide, at Lessor's expense, electricity, water, sewage and trash
disposal, to and for the Premises during the initial term and any renewal terms.
In the event that anyone or more such utilities are not provided or are
reduced, other than due to causes beyond the reasonable control of Lessor, and
the failure to provide or reduction of same renders the Premises unsuitable for
the purpose and use for which same are leased, then Lessee, in addition to any
other remedy available under the law, shall be entitled to deduct from the total
rent, or any installment thereof, the per diem rental for each day that the
2
Premises are rendered unsuitable due to the failure to provide or reduction of
such utilities. Lessee shall provide, at Lessee's expense, telephone and
supplemental heating and air conditioning, with the approval of the Lessor.
(B) The above subsection notwithstanding, the Lessee shall, on or before the first
day of March of each year, pay to the Lessor an amount equal to one-third the
total cost of all utilities, including electricity, water, sewage and trash disposal,
for the preceding calendar year. Lessee shall be responsible for all expenses
related to telephone usage.
8. ALTERATIONS BY LESSEE: With the consent of Lessor, Lessee may make such
alterations, modifications, additions and/or improvements upon or to the Premises and
may install or remove such fixtures and partitions as Lessee may deem proper;
provided, however, that any structural alterations of the roof, foundation or exterior
walls shall require the prior written consent of Lessor. All materials used in such
alterations, modifications, additions or improvements, and all fixtures and partitions
made and/or installed by Lessee shall remain the property of the Lessee and, upon
termination of this Lease Agreement, shall, at Lessor's request, be removed.
9. DAMAGE OR DESTRUCTION OF PREMISES:
(A) If the Premises are damaged by fire or other casualty so as to render same, in
the opinion of Lessee, untenantable for the purposes or uses for which Lessee
has leased same, this Lease Agreement, and all obligations hereunder, may
immediately terminate upon Lessee's giving notice of that fact to Lessor by
certified or registered mail, return receipt requested, as hereinafter provided.
(B) Under no circumstances of destruction of the Premises, in part or in whole, by
fire or other casualty shall the Lessor be required to repair or restore the
Premises. As used herein, the words "repair" and "restore" shall be deemed to
mean and include replacement of broken, cracked or damaged glass or
windows. Lessor, in its sole and absolute discretion, shall decide whether to
repair or restore the Premises, or any portion thereof, damaged in whole or in
part by casualty or other cause.
(C) Any property or equipment placed or stored in the Premises by Lessee shall be
at the risk of the Lessee. Nothing herein shall affect the Lessor's liability, if
any, for property damage caused by the negligence of its officers, agents, or
employees.
(D) Lessee shall be responsible for damage to, or loss of, real or personal property
of Lessor caused by the negligence of Lessee or its officers, agents or
3
employees. At the termination of this Lease Agreement, Lessee shall deliver
peacefully the Premises to Lessor.
1 O. RENEWAL OF LEASE: With written approval of the City Manager, Lessee shall
have the option to renew this Lease Agreement for one (1) additional term of five (5)
years upon such terms and conditions as may be mutually agreed to by the parties.
11. TERMINATION:
(A) This Lease Agreement and any renewal term of this Lease Agreement may be
terminated by either party only upon written notice to the other party by
certified or registered mail, return receipt requested, at least three (3) months
prior to March 1 of any year in which the Lease Agreement is in force;
otherwise, this Lease Agreement may be renewed and continued as provided in
Paragraph No.1 O. In addition, during any renewal term, Lessee, at its option,
may terminate this Lease Agreement at any time upon at least three (3) months
written notice to Lessor by certified or registered mail, return receipt
requested.
(B) Notwithstanding any provision in this Lease Agreement to the contrary, if any
session of the Virginia General Assembly fails to appropriate funds for the
continuance of this Lease Agreement or the federal government fails to
appropriate or allocate sufficient funds for the purpose of continuation of this
Lease Agreement, it shall automatically terminate upon depletion of the then
currently allocated funds.
(C) Notwithstanding any provision to the contrary, if, by operation of law, the
leasing agency designated in Paragraph No.3 shall cease to exist or its powers
and authority are limited so as not to permit the continued use of the Premises
for the purpose and use for which same is leased, then this Lease Agreement
and all obligations of Lessee hereunder shall terminate.
(D) This Lease Agreement shall not be assigned and the property or any portion
thereof shall not be sublet without Lessor's prior written consent, which
consent shall not be unreasonably withheld.
12. NOTICE:
(A) Any and all notices affecting this Lease Agreement may be served by the
parties hereto, or by their duly authorized agents, as effectively as if the same
were served by any officer authorized by law to serve such notices. The return
4
of such party, or its duly authorized agent, showing the time, place and manner
of service of such notice shall have the same force and effect in any legal
proceedings based thereon as a return of service by any officer authorized by
law to serve such notice.
(B) All notices required by law to be served upon, and all notices permitted by this
Lease Agreement to be mailed to, a party to this Lease Agreement shall be
served upon or mailed to, as the case may be, the following agents for each
party who are hereby appointed and designated as such for the purpose of
receiving all such notices:
(1) Lessor's agent shall be:
Steven C. Buschor
Manager of Parks and Recreation
210 Reserve Avenue, S.W.
Roanoke, Virginia 24016
(2) Lessee's agent shall be:
Kathleen S. Kilpatrick
Director, Department of Historic Resources
2801 Kensington Avenue
Richmond, Virginia 23221
Each party shall immediately notify the other party, in writing, of any change
of agents, and no change of agents shall be effective until such notice is given.
(C) Where, under the terms of this Lease Agreement, a notice is required or
permitted to be sent by certified or registered mail, return receipt requested,
and such notice is not mailed in such manner, the notice shall be effective if
actually received by the party, or its appointed agent, to whom the notice is
directed.
13. BINDING UPON SUCCESSORS: This Lease Agreement shall be binding upon the
heirs, successors in interest and assigns of the parties hereto.
14. ENTIRE AGREEMENT: This Lease Agreement constitutes the entire, full and
complete understanding and agreement of the parties, and all representations,
conditions, statements, warranties, covenants, promises or agreements previously
made or given by either party to the other are hereby expressly merged into this Lease
Agreement and shall be null, void and without legal effect.
15. MODIFICATION: This Lease Agreement shall not be modified, altered or amended
5
except by written agreement executed by the parties hereto with the same formality as
this Lease Agreement.
16. PARAGRAPH HEADINGS: Headings to the paragraphs are mere catchwords and
are illustrative only; they do not form a part of this Lease Agreement nor are they
intended to be used in construing the same.
17. ASSIGNMENT: This Lease Agreement shall not be assigned, and the property or any
portion thereof shall not be sublet without Lessor's prior written consent, which
consent shall not be unreasonably withheld.
18. DRUG-FREE WORKPLACE: The Lessee will: (i) provide a drug-free workplace for
the Lessee's employees; (ii) post in conspicuous places, available to employees and
applicants for employment, a statement notifying employees that the unlawful
manufacture, sale, distribution, dispensation, possession, or use of a controlled
substance or marijuana is prohibited in the Lessee's workplace and specifying the
actions that will be taken against employees for violations of such prohibition; (iii)
state in all solicitations or advertisements for employees placed by or on behalf of the
Lessee that the Lessee maintains a drug-free workplace; and (iv) include the
provisions of the foregoing clauses in every subcontract or purchase order of over ten
thousand dollars and no cents ($10,000.00), so that the provisions will be binding
upon each subcontractor or vendor. For the purpose of this subsection, "drug-free
workplace" means a site for the performance of work done in connection with this
contract.
19. EQUAL EMPLOYMENT OPPORTUNITY:
Non-Discrimination: During the performance of this Agreement, the Lessee agrees as
follows:
(A) The Lessee will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age,
disability, or any other basis prohibited by state law relating to discrimination
in employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the Regional Preservation
Center Program. The Lessee agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
(B) The Lessee, in all solicitations or advertisements for employees placed by or
on behalf of the Lessee, will state that such Lessee is an equal opportunity
6
employer.
(C) Notices, advertisement and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
(D) The Lessee will include the provisions of the foregoing subsections (a), (b) and
(c) in every contract or purchase order of over ten thousand dollars and no
cents ($10,000.00) so that the provisions will be binding upon each contractor
or vendor.
IN WITNESS WHEREOF, the parties have affixed their signatures and seals, as of
the date first hereinabove written.
ATTEST:
CITY OF ROANOKE
By:
Darlene L. Burcham, City Manager
Mary F. Parker, City Clerk
ATTEST:
COMMONWEALTH OF VIRGINIA, by the
Department of Historic Resources
By
Title:
COMMONWEALTH OF VIRGINIA ~
~ To-wit:
CITY OF ROANOKE ~
The foregoing instrument was acknowledged before me this _ day
of , 2002, by Darlene L. Burcham, City Manager, for and on behalf of
said municipal corporation.
My Commission expires:
Notary Public
C:IDOCUME-IICMSM I.OOOlLOCALS-IITEMPlc.r .OTUS.NOTES.DAT AIDHRAGREEMENT.DOC
7
Approved as to form: Approved as to execution:
Assistant City Attorney Assistant City Attorney
COMMONWEALTH OF VIRGINIA S
S To-wit:
CITY OF RICHMOND S
The foregoing instrument was acknowledged before me this _ day of
, 2002, , the
of , for and on behalf of the Commonwealth of Virginia.
My Commission expires:
Notary Public
Recommend Approval:
Division of Engineering
and Buildings
Recommend Approval:
Department of General Services
By:
By:
Director
Director
APPROVED BY THE GOVERNOR:
Pursuant to S of the Code of Virginia (1950), as amended, as the
official designee of the Governor of Virginia, as authorized and designated by Executive
Order , dated , 2002, I hereby approve the acquisition of
the Premises pursuant to this Lease Agreement and the execution of this instrument for, on
behalf of, and in the stead of the Governor of Virginia.
Secretary of Administration
Date:
C:IDOCUME-IICMSM I.OOOILOCALS-IITEMPlC.LOTUS.NOTES.DA T AIDHRAGREEMENT.DOC2
8
,,--
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #60-188
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36127-111802 authorizing the City Manager to enter
into a two-year contract with the Commonwealth of Virginia, Department of Emergency
Management, to participate in a Regional Hazardous Materials Response Team and to
accept "pass though" funding in the amount of $15,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002.
Sincerely, ;?
~~ 1. r~
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Barry L. Key, Director, Office of Management and Budget
James Grigsby, Chief, Fire/EMS Department
H:\Agenda.02\November 18, 2002 correspondence.wpd
c~.)!)
/7 r
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of November, 2002.
No. 36127-111802.
A RESOLUTION authorizing the City Manager to enter into a two-year contract with the
Commonwealth of Virginia, Department of Emergency Management, to participate in a Regional
Hazardous Materials Response Team and to accept "pass-through" funding in the amount of
$15,000.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized, on behalf of the City,
to execute and attest, respectively, a two-year contract commencing July 1, 2002, with the
Commonwealth of Virginia, Department of Emergency Management, to participate in a Regional
Hazardous Materials Response Team, said contract to be in such form as is approved by the City
Attorney, as is more particularly set forth in the letter of the City Manager, dated November 18,
2002.
2. The City Manager is authorized to accept $15,000 in "pass-through" funding
pursuant to the contract.
ATTEST:
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #60-188
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36126-111802 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of "pass
though" funding in the amount of $15,000.00, in connection with execution of a contract
with the Virginia Department of Emergency Management, for participation in a Regional
Hazardous Materials Response Team; and dispensing with the second reading by title of
this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002, and is in full force and
effect upon its passage.
s~'~ :IlL--
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Operations
Barry L. Key, Director, Office of Management and Budget
James Grigsby, Chief, Fire/EMS Department
H:\Agenda.02\November 18,2002 correspondence.wpd
~~s
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of November, 2002.
No. 36126-111802.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Grant Fund Appropriations and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Public Safety
Hazardous Materials Response Team FY03 (1-2) ...................................
$3,107,979
15,000
Revenues
Public Safety
Hazardous Materials Response Team FY03 (3) ......................................
$3,107,979
15,000
1) Expendable Equipment
2) Training and Development
3) State Grant Receipts
(035-520-3225-2035 )
(035-520-3225-2044 )
(035-520-3225-3225)
$ 10,000
5,000
15,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Regional Hazardous
Materials Response Team
Contract and Grant
Background:
Since July 1, 1986, the city has been under contract with the Virginia Department
of Emergency Management (VDEM) to respond to Level III hazardous materials
incidents in a regional concept involving firefighter/EMTs from the cities of
Roanoke and Salem. In July 2000, the city renewed its agreement to participate in
a Level III Regional Response Team. This report requests the city, for the next two
fiscal years (July 2002- June 2004); authorize another bi-annual agreement to
keep funding and reimbursement needs current.
Roanoke benefits in several ways from this contract. The city receives
reimbursement for training, team member physical examinations and purchase of
related equipment. Without this state contract, the city would still have a need for
a hazardous materials response team but would not have the corresponding
benefit of being a reimbursed regional provider.
The Honorable Mayor and Members of Council
November 18, 2002
Page 2
Considerations:
The present VDEM hazardous materials team contract expired June 30, 2002.
VDEM agreed to sign a new, two year agreement and to furnish $15,000.00 per
year in "pass-through" funds in order to assist with the purchase of equipment,
physicals, and to attend training programs needed to comply with Federal and
State response criteria mandates.
"Pass-through" funding totaling $15,000.00 has been received from VDEM as of
this report and deposited in revenue account 035-520-3225-3225.
Recommended Action:
City Council authorize execution of the new contract and "pass-through" funding
which honors the two-year VDEM hazardous materials team contract for the
period July 1, 2002 until June 30, 2004, and appropriate funding of $15,000 as
follows: $10,000 to Expendable Equipment and $5,000 to Training and
Development under the Hazardous Materials Response Team Grant (035-520-
3225-2035 and 035-520-3225-2044) and establish a revenue estimate of $15,000.
Respectfully submitted,
DLB/WS/jsf
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
George S. Snead, Assistant City Manager for Operations
James Grigsby, Fire-EMS Chief
Winston Simmons, Fire-EMS Deputy Chief
#CM02-00245
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #5
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36128-111802 authorizing execution of an
agreement between the City of Roanoke and Lawrence Reid Bechtel doing business as
Heady Stuff Studio, providing for development and creation of a statue to memorialize
fallen law enforcement officers to be erected in front of the Police Department at 348 West
Campbell Avenue.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002.
Sincerely,
/h.~
!. (J ~.
Mary F. Parker, CMC
City Clerk
Attachment
pc: Mr. Lawrence R. Bechtel, 511 Fairview Avenue, Blacksburg, Virginia 24060
Jesse A. Hall, Director of Finance
Rolanda A. Johnson, Assistant City Manager for Community Development
Philip C. Schirmer, City Engineer
Jeffrey H. Powell, Director, General Services
Robert H. Bird, Acting Manager, Purchasing
A. L. Gaskins, Chief of Police
H:\Agenda.02\November 18, 2002 correspondence.wpd
, .,'\,
(I)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of November, 2002.
No. 36128-111802.
A RESOLUTION authorizing execution of an agreement between the City of
Roanoke and Lawrence Reid Bechtel doing business as Heady Stuff Studio, providing for
development and creation of a statue to memorialize fallen law enforcement officers to be
erected in front of the Police Department at 348 West Campbell Avenue.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized, for and on
~
behalf of the City, to execute and attest, respectively, an agreement with Lawrence Reid
Bechtel doing business as Heady Stuff Studio, in the amount of $83,500, providing for
the development and creation of a statue, substantially similar to the one depicted in the
attachments to the City Manager's letter to Council dated November 18, 2002, to
memorialize fallen law enforcement officers.
2. Such agreement shall be approved as to form by the City
Attorney.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CI1Y MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of Council:
Subject: Police Memorial Statue
Background:
The design of the new police building at 348 West Campbell Avenue has always
included a space directly in front of the door for a monument or memorial to
recognize the sacrifice of fallen police officers. A committee of Police
Department employees has worked with the Arts Commission to develop a fitting
memorial. Solicitations for proposal were sent to artists regionally, with four
artists submitting works for consideration. A quality statue at this highly visible
location would also promote the arts in the City.
Blacksburg sculptor Lawrence Reid Bechtel, one of the four artists offering works
for review, has submitted a proposed work entitled "Officer Down" which has
been displayed within the Police Department and is recommended by the joint
Police Department/Arts Commission committee. Production of this monument is
anticipated to take approximately one year following execution of a contract.
Considerations:
Anticipated costs relating to this project are $96,500.
Funding is available in account number 008-640-9902-9132.
Honorable Ralph Smith, Mayor and members of Council
November 18, 2002
Page 2
Recommendations:
City Council authorize the City Manager to enter into a contract with artist
Lawrence Bechtel, the form of which shall be approved by the City Attorney, and
to advertise for bids for architectural and construction work associated with
completing this project.
Respectfully submitted,
~
Attachments
DLBf ALGfwa
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Phil Schirmer, City Engineer
Bob Bird, Acting Purchasing Manager
A. L. Gaskins, Police
Rolanda Johnson, Assistant City Manager for CD
#CM02-00248
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #166-178-432
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36129-111802 designating the procurement method
known as competitive negotiation, rather than the procurement method known as
competitive sealed bidding, to be used to secure a real estate development company for
development of city-owned property along Gainsboro Road, N. W.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002.
MFP:mh
Sincerely, /J
f\ -..,. .j. r ~
Mary F. Parker, CMC
City Clerk
Attachment
pc: Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
H:\Agenda.02\November 18, 2002 correspondence.wpd
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of November. 2002.
No. 36129-111802.
A RESOLUTION designating the procurement method known as competitive
negotiation, rather than the procurement method known as competitive sealed bidding, to be used
to secure a real estate development company for development of the city-owned property along
Gainsboro Road, N.W.; and documenting the basis for this determination.
WHEREAS, the City seeks to procure proposals from real estate developers for
development of the city-owned property along Gainsboro Road, N.W., which includes
development experience, employee training, customer responsiveness, marketing, and financial
capacity.
WHEREAS, this Council finds that the use of the procurement method of competitive
negotiation for the above mentioned services will allow for consideration of the factors of
experience, qualifications, and references which are of equal, if not greater, importance than the
cost.
WHEREAS, City Council is of the opinion that such services should be procured by
competitive negotiation rather than competitive sealed bidding.
THEREFORE, BE IT RESOLVED by this Council of the City of Roanoke as follows:
1. Pursuant to Section 23.1-4 (e), Code of the City of Roanoke, (1979), as amended,
this Council finds that the procurement method known as competitive sealed bidding is not
practicable and/or is not fiscally advantageous to the public for the reasons set forth to secure a
real estate developer for development of the city-owned property along Gainsboro Road, N.W.
2. City Council directs that the procurement method known as competitive
negotiation shall be used for the procurement of a real estate developer, as more fully set forth in
the City Manager's Letter to this Council dated November 18, 2002.
3. This Resolution documents the basis for City Council's determination.
ATTEST:
City Clerk
II
H:\RESOLUTIONS\R-CompNegoGainsboroII1802.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Competitive Negotiation For
Development Proposals
Background:
The City currently owns several parcels along Gainsboro Road, NW, suitable for potential
development of a mixed-use community.
The City desires the opportunity to consider entering into a contractual agreement with a real
estate developer who has submitted the successful proposal for development of the property.
Although, the sealed bid method of procurement would normally be used, it is not practicable or
fiscally advantageous to the public in procuring the above services, The experience, qualifications,
and references of firms that can provide the real estate development proposal are of equal, if not
greater, importance than the cost. Additional issues, other than price, include development
experience, employee training, customer responsiveness, marketing, and financial capacity.
Therefore, the process of competitive negotiation using the request for proposal process has been
identified as the best method for procurement of these services.
Considerations:
The Code of the City of Roanoke provides, as an alternate method of procurement to using the bid
process, a process identified as "competitive negotiation." Prior approval by Council is necessary
before the alternate method may be used. See City Code Section 23.1-4 (e). This method will
allow for negotiations with two (2) or more providers to determine the best qualified at the most
competitive price or rate.
Honorable Mayor and Members of Council
November 18, 2002
Page 2
Recommended Action(s):
Authorize the use of competitive negotiation as the method to secure a development company for
development of the city-owned property along Gainsboro Road, NW.
DLB/SEF
c:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Respectfully submitted,
#CM02-00256
CITY OF ROANOKE
OFFICE OF CITY CLERK
2]5 Church Avenue, S.W., Room 456
Roanoke, Virginia 240] ]-]536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
November 22, 2002
File #144-472
Cavalier Equipment Corp.
Volvo and GMC Truck Sales
Truck Enterprises Volvo, Inc.
Virginia Truck Center
Carolina Environmental Systems, Inc.
Mid-Atlantic Waste Systems
Bridgeport Manufacturing, Inc.
Wilbar Truck Equipment
McNeilus Companies
ladies and Gentlemen:
I am attaching copy of Resolution No. 36130-111802 rejecting all bids received by the City
for five side loading refuse cab and chassis and five "one-armed bandit" bodies.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002.
On behalf of the City of Roanoke, thank you for submitting your bid for the abovedescribed
equipment.
S/hY~ IlL
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc: Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Robert K. Bengtson, Director, Public Works
Jeffrey H. Powell, Director, General Services
Robert H. Bird, Acting Manager, Purchasing
H:\Agenda.02\November 18, 2002 cOITespondence.wpd
~~
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGlNIA,
The 18th day of November. 2002.
No. 36130-111802.
A RESOLUTION rejecting all bids for five side loading refuse cab and chassis and five "one-
armed bandit" bodies.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. All bids received by the City for five side loading refuse cab and chassis and five
"one-armed bandit" bodies, are hereby REJECTED.
2. The City Clerk is directed to notify all bidders and to express to each the City's
appreciation for said bids.
3. The City Manager is authorized to make any changes in the specifications contained
in the Invitation for Bid for the five side loading refuse cab and chassis and five "one-armed bandit"
bodies or the procurement documents deemed advisable and to reissue an Invitation for Bid.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 20, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Honorable Dr. M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Dear Mayor Smith and Members of City Council:
Members of City Council have expressed interest in quarterly updates of the operating
budget for the Solid Waste Management (SWM) Division. Budget figures for the first quarter
of fiscal year 02-03 have been tallied and staff is pleased to report that SWM is indeed on
target with its budget expenditures. Of the total approved budget of $5,861,152 for SWM,
first quarter expenditures amounted to $1,419,986.57 which represents 24.2% of the budget.
While certain line items have exceeded anticipated expenditure levels, it is believed that they
can be offset by savings in other line items within the SWM budget. Staff continues to work
diligently at managing its resources while providing residents with on-time trash and recycling
services. Equipment replacement authorized and purchased within the past year continues
to improve SWM's ability to deliver these services.
r would be pleased to answer any questions that Members of Council might have concerning
this information.
DLB/RKB/gpe
C: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Rejection to Bid #02-09-22
Background:
On October 25, 2002, Invitation for Bid # 02-09-22 for five side loading refuse
cab and chassis and five "one-armed bandit" bodies was opened. Five bids were
received for the cabs and chassis, and five bids were received for the bodies.
During evaluation of the bids, an error in the specifications was discovered which
requires that these bids be rejected. Updated specifications are ready, and a
new invitation for bid can be issued immediately following rejection of all bids.
Considerations:
An error was made in the submission of old specifications rather than new
specifications to Purchasing. A new sign-off procedure will now be initiated to
avoid future errors such as this.
Honorable Mayor and Members of Council
November 18, 2002
Page 2
Recommendation:
Reject all bids received on Invitation for Bid # 02-09-22 and reissue an invitation
for bid on five side loading refuse cab and chassis and five "one-armed bandit"
bodies with revised specifications.
DLB/FWD/mc
Attachment
C: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22,2002
File #60-246
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36131-111802 amending and reordaining certain
sections of the 2002-03 Fifth District Employment and Training Consortium Fund
Appropriations, providing for appropriation of $483,336.00, in connection with Fifth District
Employment and Training Consortium - Workforce Investment Act and Opportunity Knocks
grant; and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002, and is in full force and
effect upon its passage.
Si^.~ #.(J~
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
Glenn D. Radcliffe, Director, Human Services
Barry L. Key, Director, Office of Management and Budget
H:\Agenda.02\November 18, 2002 correspondence.wpd
~v.. <;
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of November, 2002.
No. 36131-111802.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Fifth
District Employment and Training Consortium Fund Appropriations, and dispensing with
the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Fifth District Employment and Training Consortium Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
Appropriations
II
Fifth District Employment and Training Consortium $
Administration (1-5) .......................... ..................... ......... ...........................
Opportunity Knocks (6-17).................. ........... ........................ ...... ........ ......
Virginia Workforce Center Signs (18) .... ...... .......... ....................................
Adult Program (19-30) .................................... ...... .......... ....... ....................
Dislocated Worker Program(31 ) .. ..... ............ ....... ............. ....... ......... .........
Revenues
Fifth District Employment and Training Consortium $
Administration (32).....................................................................................
Opportunity Knocks (33)............................................................................
Virginia Workforce Center Signs (34) ........................................................
Adult Program (35) ................. ...... .......... ................. .................. ......... .......
Dislocated Worker Program (36) ........ .................. .............. ............ ...........
1) Temporary Employees (034-633-2300-8049) $ 15,207
2) Wages (034-633-2300-8050) 14,578
3) Fringe Benefits (034-633-2300-8051 ) 7,545
4) Insurance (034-633-2300-8056) 500
5) Miscellaneous (034-633-2300-8060) 3,000
6) Wages (034-633-2350-8050) 17,322
7) Fringe Benefits (034-633-2350-8051 ) 4,328
8) Travel (034-633-2350-8052) 100
9) Communication (034-633-2350-8053 ) 200
10) Supplies (034-633-2350-8055) 200
11 ) Insurance (034-633-2350-8056) 80
12) Contractual Services (034-633-2350-8057) 1,500
13) Miscellaneous (034-633-2350-8060 ) 300
4,788,449
95,562
50,000
25,000
251,752
262,782
4,788,449
95,562
50,000
25,000
251,752
262,782
14) Support Services
15) Training
16) On-the-job-training
17) Subsidized Wages
18) Contractual Services
19) Temporary Employees
20) Wages
21) Fringe Benefits
22) Travel
23) Communication
24) Supplies
25) Insurance
26) Contractual Services
27) Miscellaneous
28) Support Services
29) Training
30) Subsidized Wages
31) Contractual Services
32) Administration
33) Opportunity Knocks
34) Virginia Workforce
Center Signs
35) Adult Program
36) Dislocated Worker Program
(034-633-2350-8461 )
(034-633-2350-8500)
. (034-633-2350-8501)
(034-633-2350-8502)
(034-633-2360-8557)
(034-633-2361-8049)
(034-633-2361-8050)
(034-633-2361-8051 )
(034-633-2361-8052)
(034-633-2361-8053)
(034-633-2361-8055 )
(034-633-2361-8056)
(034-633-2361-8057)
(034-633-2361-8060)
(034-633-2361-8461 )
(034-633-2361-8500)
(034-633-2361-8502)
(034-633-2381-8057)
(034-633-2300-2300 )
(034-633-2350-2350)
(034-633-2360-2360 )
(034-633-2361-2361 )
(034-633-2381-2381 )
$ 8,000
1,350
1,500
15,120
25,000
6,220
83,000
23,000
2,500
500
250
500
7,000
1,144
15,500
46,000
3,200
178,692
40,830
50,000
25,000
188,814
178,692
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Funding for - Workforce Investment
Act (WIA) and Opportunity Knocks
Grant
Background:
The City of Roanoke is the grant recipient and fiscal agent for Workforce Investment Act (WIA)
funding, thus, City Council must appropriate the funding for all grants and other monies received.
The Workforce Investment Act for the region, Workforce Area 3, encompasses the counties of
Alleghany, Botetourt, Craig, Franklin and Roanoke as well as the cities of Covington, Roanoke,
and Salem. WIA funding is for three primary client populations:
· dislocated workers who have been laid off from employment through no fault of their
own, and
· economically disadvantaged individuals as determined by household income guideHnes
set up by the U.S. Department of Labor.
· WIA Youth Programs
1. The Notice of Obligation (NOD) has been received from the Virginia Employment
Commission authorizing Workforce Area 3 to spend $209,792.00 for the Adult Program,
which serves economically disadvantaged persons and $198,544.00 for the Dislocated
Worker Program, which serves persons laid off from their jobs through no fault of their
own.
Honorable Mayor and Members of Council
November 18, 2002
Page 2
2. The Virginia Employment Commission has issued a NOO dated September 10, 2002,
authorizing Workforce Area 3 to spend a total of $25,000.00 to purchase and install
Virginia Workforce Center signs. These funds are available from July 1, 2002 through
June 30, 2003.
3. The Fifth District Employment and Training Consortium, (FDETC), under an agreement
with the City of Roanoke, administers funding for Workforce activities not included in the
identified WIA program categories. The FDETC has received funding in the amount of
$50,000.00 from the State Department of Social Services to operate the Opportunity
Knocks program for Workforce Area 3. The Opportunity Knocks Program provides
services to eligible youth. These funds are available from October 1, 2002 through June
30,2003.
Consideration:
· Program Operations - Existing activities will continue and planned programs will be
implemented.
· Funding - Funds are available from the Grantor agency and other sources as indicated,
at no additional cost to the City.
Recommended Action:
Appropriate the WIA and FDETC funding totaling $483,336.00 and increase the revenue
estimate by $483,336.00 in accounts to be established in the Consortium fund by the Director of
Finance.
DLB:wc
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
Glenn D. Radcliffe, Director of Human Services
Rolanda A. Johnson, Assistant City Manager for Community Development
#CM02-00246
...
"
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #57-60-227
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36132-111802 amending and reordaining certain
sections of the 2002-03 Capital Projects Fund Appropriations, providing for transfer of
$60,000.00, in connection with design services for streetscape improvements to Salem
Avenue, S. W.; and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002, and is in full force and
effect upon its passage.
MFP:mh
Siy;: ~ j. f ~
Mary F. Parker, CMC
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
Philip C. Schirmer, City Engineer
Barry L. Key, Director, Office of Management and Budget
H:\Agenda.02\November 18,2002 correspondence.wpd
~'V<')
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of November, 2002.
No. 36132-111802.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Capital Projects Fund Appropriations and dispensing with the second reading by title ofthis
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Capital Projects Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
II
Streets and Bridges
Salem Avenue Streetscape (1 ).................................................................
$26,331,040
60,000
$ 7,540,186
4,140,000
Capital Improvement Reserve
Public Improvement Bonds - Series 2002 (2) ...........................................
1) Appropriated from Series
2002 Bond Issue
2) Curb, Gutter and Sidewalk
Improvements
(008-530-9794-9076)
(008-530-9711-9195)
$ 60,000
( 60,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Funds Transfer
Design Services
Streetscape Improvements to
Salem Avenue
Proposal No. 02-08-16
Salem Avenue from Jefferson Street to 5th Street, S. W., was identified as a special project for curb
and sidewalk improvements. The first phase, First Street to Second Street in the area of the new
Roanoke Times Building is to be constructed in the summer of 2003.
Request for Proposals for Design Services were publicly advertised and received from the
following firms: Hayes, Seay, Mattern & Mattern, Inc., LMW, P.C., and Anderson & Associates, Inc.
A selection committee consisting of Jan Bruce, Engineering Technical Supervisor; Christopher
Whitlow, Economic Development Administrator; and Margaret Munton, Budget Analyst, conducted
interviews with all three firms.
The committee selected Hayes, Seay, Mattern & Mattern, Inc., 1315 Franklin Road, S. W.,
Roanoke, Virginia 24016, as the most qualified for this project. City staff has negotiated an
acceptable agreement for the above work in the amount of $54,734.00.
Funding in the amount of $60,000 is needed for the project. The additional funds that exceed the
contract amount will be used for miscellaneous project expenses including advertising, printing and
Honorable Mayor and Members of Council
November 18, 2002
Page 2
unforeseen project expenses. Funding is available from Public Improvement Bonds - Series 2002,
account no. 008-530-9711-9195.
Recommended Action:
Transfer $60,000 from Public Improvement Bonds - Series 2002, account no. 008-530-9711-9195,
to an account to be established by the Director of Finance entitled, Salem Avenue Streetscape.
Respectfully submitted,
Darlene L. rcham
City Manager
DLB:JGB:na
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, P.E., L.S., City Engineer
#CM02-00252
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #72-373
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36133-111802 authorizing the City Manager to enter
into an amendment to the lease agreement between the City and Blue Eagle Partnership
dated November 21,2001, for certain property located at the Civic Mall, 1501 Williamson
Road, N. E., to be used by the Department of Human Services, upon certain terms and
conditions, and dispensing with the second reading of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002, and is in full force and
effect upon its passage.
MFP:mh
Sincerely, f)
~ AN; .J. f/ ~
Mary F. Parker, CMC
City Clerk
Attachment
pc: Jesse A. Hall, Director of Finance
Rolanda A. Johnson, Assistant City Manager for Community Development
Glenn D. Radcliffe, Director, Human Services
H:\Agenda.02\Novernber 18, 2002 correspondence.wpd
O!jC
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of November, 2002.
No. 36133-111802.
AN ORDINANCE authorizing the City Manager to enter into an amendment to the lease
agreement between the City and Blue Eagle Partnership dated November 21, 2001, for certain
property located at the Civic Mall, 1501 Williamson Road, Roanoke, Virginia, for the Department
of Human Services, upon certain terms and conditions, and dispensing with the second reading of
this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and City Clerk are hereby authorized to execute and attest,
respectively, on behalf of the City, in form approved by the City Attorney, an amendment to the
lease agreement dated November 21, 2001, commencing on June 1, 2003, with Blue Eagle
Partnership, for the Department of Human Services, to provide for a dollar limit to the cost of
improvements, and to provide for termination of the lease in the event of the nonappropriation of
federal, state or local funding for payment of office space, and as more particularly set forth in the
City Manager's letter to this Council, dated November 18, 2002.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:\ORDINANCES\O-LEASEAMEND-BLUEEAGLEII1802.DOC
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred 1. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Amendment to Lease
Agreement for Human
Services Building
Background:
In November 2001, the City of Roanoke entered into a lease agreement for office
space with Blue Eagle Partnership for property located at The Civic Mall, 1501
Williamson Road, Roanoke, Virginia. The Department of Human Services will
relocate its offices to the Civic Mall, and the term of this lease is twenty (20)
years, commencing on June 1,2003, and expiring on May 31,2023. Prior to the
commencement date, the Lessor will complete renovations and improvements to
the Premises in an amount not to exceed $2,497,080. In the event that such
improvements exceed that amount, the cost will be amortized over the term of
the Lease and such amortization payments will be included in monthly rental
payments as additional rent. Additionally, the lease has a nonappropriation
provision which provides that the City shall have the right to terminate the Lease
without penalty or further obligation in the event the federal, state or municipal
government does not appropriate the funds necessary for the lease.
Honorable Mayor and Members of Council
November 18, 2002
Page 2
Considerations:
Both parties desire to amend the Lease Agreement to reflect a dollar limit to the
cost of improvements. As per the attachment, Blue Eagle Partnership has
agreed to be responsible for any costs over and beyond $2,497,080, and the City
of Roanoke will now be responsible for the installation of the computer system
and telephone system wiring. Additionally, Blue Eagle Partnership's lender has
expressed concern over the nonappropriation provision. Specifically, the lender
is concerned that while the state and federal governments may appropriate
funding, it may be appropriated for office space at a different location. Both
parties desire the lease to indicate that the City shall have the right to terminate
the lease in the event of nonappropriation only if federal, state or local funding is
not appropriated to pay for office space at any location.
Recommended Action:
Authorize the City Manager to execute the attached Lease Amendment in a form
approved by the City Attorney.
Darlene L. Burc
City Manager
DLB:rji
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Glenn D. Radcliffe, Director of Human Services
Rolanda A. Johnson, Assistant City Manager for Community Development
#CM02-00250
LEASE AMENDMENT NO.1
This Lease Amendment No.1 made this
day of November 2002, to Lease
Agreement by and between BLUE EAGLE PARTNERSHIP, a Virginia Partnership,
("Lessor") and CITY OF ROANOKE, a Virginia municipal corporation, ("Lessee"),
WHEREAS, the Lessor and Lessee entered into a Lease Agreement dated November
21,2001, ("Lease Agreement") for the lease of a portion of the Civic Mall, located at 1502
Williamson Road, Roanoke, VA 24012, and containing approximately 83,236 sq. ft. for a
term of 20 years("Premises") for office space for the Department of Human Services; and
WHEREAS, both parties desire to amend the Lease Agreement to reflect a dollar limit
to the amount that Lessor expends on improvements to the Premises; and
WHEREAS both parties want to amend the Lease Agreement's termination for
nonappropriation provision to provide for termination of the Lease Agreement by the City
only in the event that state, federal, or municipal governments do not appropriate necessary
funds to provide for office space for the Department of Human Services at any location; and
WHEREAS both parties want to amend Exhibit C of the Lease Agreement which
details the work Lessee will make to Premises by making Lessee additionally responsible for
the installation of computer system and telephone system wiring.
NOW, THEREFORE, in consideration of the mutual promises contained herein and in
the original Lease Agreement, the Lessor and Lessee agree as to amend the Lease Agreement
as follows:
1. Subsection (a) of Section Eight, "Repairs and Improvements" is amended to
provide as follows:
8. REPAIRS AND IMPROVEMENTS
(a) Prior to the Commencement Date, Lessor will complete
renovations of the Premises according to the specifications and designs for
finishing and improving the Premises, which are attached hereto as Exhibit B
and made a part of this Lease Agreement. Improvements to the Premises by
Lessor are limited to $2,497,080.00 ($30 per rentable square foot). Lessor
acknowledges and agrees that it will be solely responsible for any costs over
and beyond $2,497,080.00, unless the increase in cost has been approved by
both parties through a Change Order.
All such renovations shall have a Certificate of Occupancy, as that term
is defined in Paragraph 2 ("Term"), and the premises ready for occupancy as
that term is defined in Paragraph 2, on or before June 1, 2003; provided,
however, if Lessor is delayed at any time in the commencement or progress of
the work by an act or neglect of the Lessee or any employee or contractor or
supplier employed by Lessee, or by changes ordered in the work, or by labor
disputes, fire, unusual delay in deliveries, unavoidable casualties or other
causes beyond Lessor's control, or delay authorized by Lessee pending
mediation or arbitration, then the deadline of June 1, 2003, stipulated in this
paragraph shall be extended by Change Order for such additional time as the
parties may agree upon. Lessor acknowledges that failure to have the Premises
ready for occupancy by June 1,2003, could result in substantial damages to the
Lessee. Therefore, Lessor agrees that in the event the Premises are not ready
for occupancy by June 1,2003, (or such extended date as agreed upon by the
parties), Lessor agrees to pay as delay damages $6,000.00 per month, until
occupancy is available for those departments scheduled to occupy space in the
Premises.
2. Section Thirty-Two of the Lease Agreement "Termination in Event of Non-
Appropriation" is hereby amended to provide as follows:
32. TERMINATION IN EVENT OF NONAPPROPRIA TION
Notwithstanding any other provision of this Lease, Lessee shall have
the right to terminate this Lease without penalty or further obligation in the
event the federal, state or municipal governments do not appropriate the funds
necessary for this Lease. Lessee shall give thirty (30) days notice of such
nonappropriation. In the event such federal, state or municipal governments do
not appropriate the funds necessary for this Lease, but do appropriate funds for
the same offices to be located elsewhere, then Lessee and Lessor acknowledge
and agree that Lessee may not terminate this Lease for nonappropriation
pursuant to the provisions of this Section.
3. Item 2 and 3 of Exhibit C "Lessee's Work" to the Lease Agreement is hereby
amended to read and provide as follows:
2. Design and installation and maintenance of computer system wiring.
3. Design and selection of telephone system and installation of wiring.
4. All other terms and conditions of the Lease Agreement shall remain in full
force and effect except those mentioned above.
IN WITNESS WHEREOF, the parties hereto have signed this Lease
Amendment No.1 by their authorized representatives.
WITNESS
BLUE EAGLE PARTNERSHIP
By
Title
Date:
ATTEST:
CITY OF ROANOKE, VIRGINIA
By
Darlene L. Burcham, City Manager
Date
Mary F. Parker, City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #24-402
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36134-111802 amending and reordaining 97-34,
Purpose and intent; 97-35, Definitions; 97-36, Applicability; subsections(a) and (b) of
97-37, Inspection and certificate of compliance required; subsection (a), (b) and (c) of
97-38, Exemptions; and subsections (a)(1), (b) and (c) of 97-39, Certificate of exemption:
subsections (a) and (b) of 97-40, Issuance of certificate of compliance; subsections (a),
(a)(1), (a)(2) and (b) of 97 -41, Temporary waiver of compliance; and subsection (a) of 97-
42, Display of proof of compliance, of Article III, Rental Certificate of Compliance, of
Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended,
to amend the definition of multiple-family rental complex, add the definition of rooming unit,
and to repeal the definitions of Uniform Statewide Building Code, Volume I, and Uniform
Statewide Building Code, Volume II; to broaden the area of possible application of Article
III, Rental Certificate of Compliance; to require inspections under certain conditions; and
to exempt certain dwellings, dwelling units and rooming units, from the application of the
rental inspection program; and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002, and is in full force and
effect upon its passage.
S~y~ j ~
Mary F. Parker, CMC
City Clerk
MFP:mh
H:\Agenda.02\November 18, 2002 correspondence.wpd
Darlene L. Burcham
November 22,2002
Page 2
Attachment
pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable James R. Swanson, 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 Francis W. Brukart, III, 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
Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to
Municipal Code Corporation)
Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia
24011
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Peggy B. Stewart, Office of the Magistrate
Michael R. Meise, Law Librarian
Jesse A. Hall, Director of Finance
Rolanda A. Johnson, Assistant City Manager for Community Development
F. Mike Etienne, Acting Director, Housing and Neighborhood Services
H:\Agenda.02\November 18,2002 correspondence.wpd
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of November, 2002.
No. 36134-111802.
AN ORDINANCE amending and reordaining ~7-34, Purpose and intent; 97-35,
Definitions; 97-36, Applicability; subsections (a) and (b) of ~7-37, Inspection and
certificate of compliance required; subsections (a), (b) and (c) of ~7-38, Exemptions; and
subsections (a)(1), (b) and (c) of ~7-39, Certificate of exemption: subsections (a) and (b) of
~7-40, Issuance of certificate of compliance: subsections (a), (~)(1), (a)(2) and (b) of ~7-
41, Temporary waiver of compliance; and subsection (a) of ~7-42, Display of proof of
compliance, of Article III, Rental Certificate of Compliance, of Chapter 7, Building
Regulations. of the Code of the City of Roanoke (1979), as amended, to amend the
definition of multiple-family rental complex, add the definition of rooming unit, and to
repeal the definitions of Uniform Statewide Building Code, Volume I, and Uniform
Statewide Building Code, Volume II; to broaden the area of possible application of Article
III, Rental Certificate of Compliance; to require inspections under certain conditions; and
to exempt certain dwellings, dwelling units and rooming units, from the application of the
rental inspection program; and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 7-34, Purpose and intent, ~7-35, Definitions, ~7-36, Applicability,
subsections (a) and (b) of ~7-37, Inspection and certificate of compliance required,
subsections (a), (b) and (c) of ~7-38, Exemptions. and subsections (a)(1), (b) and (c) of ~7-
39, Certificate of exemption, of Article III, Rental Certificate of Compliance, of
Chapter 7, Building Regulations. of the Code of the City of Roanoke (1979), as amended,
are hereby amended and reordained to read and provide as follows:
Sec. 7-34. Purpose and intent.
The city council fmds that certain residential rental housing, when not the
subject of either regular inspections, or inspections upon a change in
tenancy, to ensure compliance with applicable building maintenance
regulations, may become unsafe, a public nuisance, and unfit for human
habitation. The city council further fmds that certain residential housing
areas within the city, designated as conservation and rehabilitation districts,
or designated as blighted pursuant to section 36-49.1: 1 of the Code of
Virginia (1950), as amended, are in need of a housing inspection program to
prevent property deterioration and neighborhood blight, and to protect the
public health, safety and welfare by ensuring proper building maintenance
and compliance with applicable building regulations in rental dwellings.
Sec. 7-35. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
***
Multiple-family rental complex means any dwelling, or series of dwellings,
consisting of no less than ten (10) dwelling units, occupied for valuable
consideration, on a single lot or adjacent lots under common ownership. The
term "multiple-family rental complex" shall not include mobile homes under
common ownership in a mobile home park or subdivision, and such term
shall not include single-family homes, two-family homes, or townhouses
under common ownership.
* * *
o-ca-RentalInspec
10/30/02
Rooming unit shall mean any room or group of rooms forming a single
habitable unit occupied or intended to be occupied for sleeping or living, but
not for cooking purposes.
* * *
Sec. 7-36. Applicability.
The provisions of this article shall apply to all dwelling units or rooming
units not occupied by any owner and all dwellings,exclusive.of a dwelling
unit occupied by any owner, which are located in the areas heretofore or
hereafter designated by the city council as conservation or rehabilitation
districts or in other areas designated as blighted pursuant to section 36-
49.1:1 of the Code of Virginia (1950), as amended. A map showing the
city's conservation and rehabilitation districts or other areas designated as
blighted pursuant to section 36-49.1:1 of the Code of Virginia (1950), as
amended, for purposes of this article shall. be available fOf public inspection
in the Department of Housing and Neighborhood Services for the City of
Roanoke.
~7-37. Inspection and certificate of compliance required.
(a) No owner or managing agent having had control for a period of six
(6) months or longer of any dwelling, dwelling unit or rooming unit, located
in a conservation or rehabilitation district identified in section 7-36 of this
article, or in any area designated as blighted pursuant to section 36-49.1: 1 of
the Code of Virginia, (1950), as amended, shall permit (i) a change in
occupancy of any dwelling, dwelling unit or rooming unit, (ii) a new tenant
or tenants to occupy a dwelling, dwelling unit or rooming unit which is
vacant on the date the requirements of this subparagraph apply to such a
dwelling, dwelling units or rooming unit, or (iii) occupancy of any dwelling,
dwelling unit or rooming unit which has been the subject of a separate
finding by City Council that additional inspections at specific time intervals,
not more frequently than once annually, are necessary to protect the public
health, safety or welfare, unless the dwelling, dwelling unit or rooming unit
shall be the subject of a valid certificate of compliance, a temporary waiver
of compliance certificate, or a certificate of exemption. If, however, an
inspection has been conducted within the last twelve-month period, no
inspection shall occur upon the termination of a rental tenancy or upon a
change in ownership. The requirements of this subparagraph shall not apply
to any dwelling, dwelling unit or rooming unit until the city manager has
published notice in a newspaper having general circulation in the city, at
least thirty (30) days in advance, of the initiation of the Rental Certificate of
Compliance Program within the particular conservation or rehabilitation
o-ca- RentalInspec
10/30/02
district, or in any area designated as blighted pursuant to section 36-49.1: 1
of the Code of Virginia, (1950), as amended, or a portion thereof, in which
the dwelling, dwelling unit or rooming unit is located, and until an inspection
of the dwelling, dwelling unit or rooming unit pursuant to this article has
been scheduled.
(b) Compliance with the terms of this article shall be evidenced by a
certificate of compliance issued by the city manager. Except as otherwise
noted in this article, a certificate of compliance shall be valid for two (2)
years from the date of issuance.
* * *
~7-38. Exemptions.
(a) A certificate of compliance shall be issued, and no inspection shall be
required within four (4) years of the. issuance of a certificate of occupancy,
for a new dwelling, dwelling unit or rooming unit constructed under the
provisions of the building code, in effect at the time of the construction.
(b) A certificate of compliance shall be issued, and no inspection shall be
required within four (4) years of the date of issuance, upon the building
commissioner's written determination that a dwelling, dwelling unit or
rooming unit which has been the subject of a building permit for substantial
rehabilitation or repair, which rehabilitation or repair meets the requirements
of the building code, and the extent of the rehabilitation or repair renders the
entire dwelling, dwelling unit or rooming unit equivalent to new construction
with respect to the general public health, safety and welfare.
(c) A certificate of compliance shall be issued, and no inspection shall be
required within four (4) years of the date of issuance, for a dwelling, 6f
dwelling unit or rooming unit, having no violations of the property
maintenance code upon the initial inspection.
~7-39. Certificate of exemption.
(a) The city manager may issue a certificate of exemption for any
dwelling unit in a multiple-family rental complex ("rental complex") strictly
meeting each of the following criteria:
(1) No less than one half of the total number of dwelling units to a
maximum of ten (10) of the dwelling units within the rental complex
have been randomly selected, inspected and approved under the terms
Q-ca - RentalInspec
10/30/02
of this article; and
(2) At the time of the inspections, no violations of the building
code exist within the dwelling units or dwellings so inspected.
(b) A certificate of exemption shall be valid for a period of four (4) years
from the date of issuance.
(c) If the city manager determines during any four-year exemption period
that one (1) or more substantial violations of applicable building regulations
in effect existed at the time of the inspection pertaining to the condition of
any dwelling or dwelling unit contained in the rental complex, the city
manager may revoke the certificate of exemption. Prior to any such
revocation, the city manager shall send by first class mail written notice to
the owner or managing agent, specifying the nature of the violations found
and the date upon which the revocation of the certificat11 of exemption will
take effect. Proof of mailing to the last known addregs of the owner or
managing agent of the property, by affidavit or otherwise, shall be sufficient
evidence that the notice was received.
* * *
~7-40. Issuance of certificate of compliance.
(a) The city manager shall issue a certificate of compliance if, upon
inspection, the dwelling, dwelling unit, or rooming unit complies with the
property maintenance code. The owner or managing agent will be entitled to
receive a certificate of compliance immediately upon the city manager's
determination that a dwelling, dwelling unit, or rooming unit complies with
the property maintenance code.
(b) If the dwelling, dwelling unit, or rooming unit fails to comply with
anyone (1) or more of all applicable building regulations set forth in the
property maintenance code, the city manager shall furnish the owner,
managing agent or tenant with a written list of specific violations and the
time frame within which to correct said violations. Failure to list any
violation shall not be deemed a waiver of such violation. Upon the
completion of all corrections and repairs, the owner, managing agent or
tenant shall request a reinspection of the dwelling, dwelling unit, or rooming
unit.
o-ca-RentalInspec
10/30/02
~7-41. Temporary waiver of compliance.
(a) A temporary waiver of compliance certificate may be issued for any
dwelling, dwelling unit, or rooming unit which is inspected pursuant to this
article and fails to comply with regulations set forth in the property
maintenance code. Such temporary waiver of compliance certificate may be
issued only upon a determination by the city manager that:
(1) The work necessary to bring the dwelling, dwelling unit, or
rooming unit into compliance with the property maintenance code, can be
reasonably undertaken and completed while the premises are occupied
without endangering the safety of the occupants of the property, or
subjecting the occupants to any conditions rendering the dwelling,
dwelling unit, or rooming unit uninhabitable; and
(2) The dwelling, dwelling unit, or rooming unit can be brought into
compliance with all applicable building code requirements within the
period of time for which the temporary waiver of compliance certificate is
issued not to exceed six (6) months.
(b) A temporary waiver of compliance certificate shall authorize the
occupancy of the dwelling, dwelling unit, or rooming unit for such period of
time as is reasonably necessary to remedy or correct all defects or violations
by reason of which the certificate of compliance was refused. Every
temporary waiver of compliance certificate shall set forth the period of time
for which temporary occupancy is authorized, such period of time not to
exceed six (6) months. The failure of the owner, managing agent or tenant to
complete all corrections within the specified period of time shall constitute a
violation of this article.
~7-42. Display of proof of compliance.
(a) Any sticker issued in connection with, and evidencing the issuance
of, any certificate of compliance, temporary waiver of compliance
certificate, or certificate of exemption, may be adhered to the dwelling,
dwelling unit, or rooming unit to which it applies. No such sticker may be
adhered to any dwelling, dwelling unit, or rooming unit for which the sticker
was not intended, or issued, and the use of such a sticker shall not be
mandatory .
***
o-ca- RentalInspec
10/30/02
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
1
o-ca- RentalInspec
10/30/02
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Amendments to the Rental
Certificate of Compliance Program
Background:
As authorized by State law, City Council has instituted a Rental Certificate of Compliance
program under Section 7-34 of the Code of the City of Roanoke (1979). The program allows the
City to inspect rental properties at the change of tenancy or ownership to protect the health,
safety and welfare of residents in rental dwelling units. The program is limited to core areas of
the City that are designated Conservation Areas, Rehabilitation Districts and areas designated
as blighted pursuant to section 36-49.1.1 of the Virginia Code.
Considerations:
According to the 2000 census, there are approximately 18,000 rental properties in the City,
4,299 of which are located in the Conservation Areas and Rehabilitation Districts. Current code
enforcement records of the Department of Housing and Neighborhood Services indicate that,
since the inception of the rental inspection program, about 2,400 units have been inspected of
which 1,800 or 75% have received Certificates of Compliance. However, code enforcement
records also indicate that nearly 1,000 rental properties are not inspected, either because their
tenancy does not change, or the owners simply do not abide by the requirement to have the unit
inspected upon turnover. Ultimately, staff finds that many rental properties, when not the
subject of either regular inspections or inspections upon a change in tenancy, may become
unsafe, a public nuisance and unfit for human habitation.
Honorable Mayor and Members of Council
November 18, 2002
Page 2
Therefore to improve the efficiency and effectiveness of the Rental Certificate of Compliance
program, it is recommended that Sections 7-34 through 42 of the Code be amended as
described in the attached ordinance. Specifically, Section 7-37 of the attached ordinance
ensures that all rental properties in the Conservation Areas, Rehabilitation Districts and other
areas designated as blighted shall be inspected upon (i) a change of ownership, (ii) a change in
tenancy, or (iii) whenever the property is the subject of a separate finding by City Council that
additional inspections at specific time intervals, not more frequently than once annually, are
necessary to protect the public health, safety or welfare, unless the rental property has a valid
certificate of compliance, a temporary waiver of compliance certificate, or a certificate of
exemption. If, however, an inspection has been conducted within the last twelve-month period,
no inspection shall occur upon the termination of a rental tenancy or upon change of ownership
(enabling legislation authorizing the latter provision was authorized by the General Assembly in
2002 at the request of the City).
Recommendation:
City Council approve the attached amendments to Sections 7-34 through 42 of the Code of the
City of Roanoke (1979) as amended to streamline the Rental Certificate of Compliance
program, and to allow for inspection of rental properties in the Conservation Areas and
Rehabilitation Districts or in other areas designated as blighted pursuant to the Code of Virginia
under certain circumstances. These amendments are part of the City's effort to enhance its
code enforcement response time and improve the overall quality of life in residential
neighborhoods.
Respectfully submitted,
Darlene L. Burch
City Manager
Attachment
DLB:ME:dw
cc: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda Johnson, Asst. City Manager for Community Development
F. Mike Etienne, Acting Director, Housing and Neighborhood Services
#CM02-00249
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #67-68
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36135-111802 authorizing the City Manager to
execute an agreement between the City of Roanoke and the Garden City Recreation Club,
accepting a donation of materials and supplies, including a concrete pad, for the
construction of a 20' x 35' shelter in Garden City Park, upon terms and conditions as set
forth in the City Manager's letter dated November 18, 2002, to Council, and expressing
appreciation for such donation.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002.
MFP:mh
S7hY~ I.IL
Mary F. Parker, CMC
City Clerk
Attachment
pc: Jesse A. Hall, Director of Finance
Rolanda A. Johnson, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
H:\Agenda.02\November 18,2002 correspondence.wpd
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
2]5 Church Avenue, S.W., Room 456
Roanoke, Virginia 240] ]-]536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
November 22, 2002
File #67-68
Diane M. Alexander, President
Garden City Recreation Club
1175 Deerheart Road, S. E.
Roanoke, Virginia 24014
Charles W. Hancock, President
Garden City Civic League
1016 Estates Road, S. E.
Roanoke, Virginia 24014
Dear Ms. Alexander and Mr. Hancock:
I am enclosing copy of Resolution No. 36135-111802 authorizing the City Manager to
execute an agreement between the City of Roanoke and the Garden City Recreation Club,
accepting a donation of materials and supplies, including a concrete pad, for the
construction of a 20' x 35' shelter in Garden City Park, upon terms and conditions set forth
in the City Manager's letter dated November 18, 2002, to Council.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002.
On behalf of the City of Roanoke, thank you for your generous donation which will be
enjoyed by Garden City residents and other City residents for many years to come.
/h:' ! IL
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
H:\Agenda.02\November 18, 2002 correspondence.wpd
~
c1 \ 0/
/ ~f\\
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of November, 2002.
No. 36135-111802.
A RESOLUTION authorizing the City Manager to execute an agreement between the
City of Roanoke and the Garden City Recreation Club, accepting a donation of materials and
supplies, including a concrete pad, for the construction of a 20' x 35' shelter in Garden City
Park, upon the terms and conditions set out in the City Manager's letter dated November 18,
2002, to this Council, and expressing appreciation for such donation.
WHEREAS, as outlined in the Parks and Recreation's Comprehensive Master Plan, all
City parks should have a fair and suitable distribution of park amenities;
WHEREAS, currently, Garden City Park's amenities include only a playground,
restrooms, and athletic fields;
WHEREAS, the Garden City Recreation Club has offered to donate materials and
supplies, including a concrete pad, for the construction of a 20' x 35' shelter in Garden City
Park to the City; and
WHEREAS, upon execution of the agreement by the City Manager and completion of
the project in March, 2003, the City will own, maintain and manage use of the shelter on the
same terms and under the same conditions as are shelters in other parks owned by the City.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf
of the City, to execute and attest, respectively, the agreement between the City of Roanoke
H:\RESOLUTJONSIR-DONA TIONGARDENCITYPARKJJI802.DOC
~ r
and the Garden City Recreation Club attached to the City Manager's report dated
November 18, 2002, to this Council, approved as to form by the City Attorney.
2. This Council hereby accepts the donation of materials and supplies, including a
concrete pad, for the construction of a 20' x 35' shelter in Garden City Park, a total value of
$7,500.00.
3. This Council wishes to express its appreciation and that of the citizens of the
City of Roanoke to the Garden City Recreation Club for its generous donation to the City.
4. The City Clerk is directed to transmit a copy of this resolution to the Garden
City Recreation Club, expressing the City's appreciation for this donation.
ATTEST:
City Clerk.
H:\RESOLUTIONSIR-DONA TIONGARDENCITYP ARK111802.DOC
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Garden City Park Shelter
Background:
As outlined in Parks and Recreation's Comprehensive Master Plan, adopted by
Council in May 2000, it was established that all City parks should have fair and
suitable distribution of park amenities. Currently, Garden City Park's amenities
only include a playground, restrooms, and athletic fields.
Due to a limited amount of amenities for surrounding residents and visitors, the
Garden City Recreation Club has agreed to play an active role in helping the City
of Roanoke provide a park shelter in Garden City Park to help support its needed
amenities. They are able to assist by the funds they received from the
Neighborhood Partnership Grant under the Community Development Block Grant
to use towards park improvements.
Considerations:
In the proposed Agreement between the City of Roanoke and Garden City
Recreation Club (Attachment 1), this Recreation Club will provide all the
materials and supplies that are necessary for the construction of a 20' x 35'
shelter including the concrete pad; a total value of $7,500. The specifications
and location of the shelter have been agreed upon between the Club and the
Parks and Recreation Department (Exhibit A & B). Once the Recreation Club
completes the concrete base, the supplies are to be delivered to the C:ty to
Honorable Mayor and Members of Council
November 18, 2002
Page 2
complete the construction of the shelter by the Building Maintenance
Department. Once the project is completed in March 2003, the City will have full
responsibility and rights to this shelter, which include overseeing of maintenance
and all rental/usage requirements of the facility. Funding will be available
through the operating budget to operate and routinely maintain this shelter.
Recommended Action:
Authorize the City Manager to accept the donation of a park shelter by executing
the Garden City Shelter Agreement with the Garden City Recreation Club upon
its being approved as to form by the City Attorney.
Respectfully submitted,
DLB:kaj
Attachment
c: Rolanda A. Johnson, Assistant City Manager for Community Development
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Steven B. Buschor, Director of Parks and Recreation
#CM02-00251
THIS AGREEMENT ("Agreement"), is made and entered into this the _ day of
, _, by and between the CITY OF ROANOKE, ("City"), and Garden City
Recreation Club ("Garden City").
For and in consideration of the mutual promises set forth in this Agreement, the
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Term: The initial term of this Agreement shall be from October 1, 2002 until
March 1, 2003, subject to the termination rights of the parties as set forth in this Agreement
and the rights of the parties to extend the term of this Agreement.
2. Consideration:
(a) Garden City shall donate all necessary materials and supplies for the
construction of a wooden picnic shelter, and a concrete pad for such picnic shelter, in
accordance with the plan dated May 15, 2002, prepared by Lysaught & Associates, P.A.
(Exhibit A.) Such picnic shelter shall be commercial quality from a pre-fabricated kit, and all
materials and supplies donated by Garden City shall be approved, in writing, prior to
purchase by Garden City, by the City Manager, or the City Manager's designee. All of such
materials shall be delivered by Garden City to a location selected by the City Manager, or the
City Manager's designee, on a dated selected by that person.
(b) In exchange for the donation of materials and supplies from Garden City, the
City, or its contractor, shall install the picnic shelter selected by Garden City, and a concrete
pad for such picnic shelter, at the location in Garden City Park identified in Exhibit B.
(c) Upon completion of the construction of the picnic shelter and concrete pad, the
City shall own the picnic shelter and the concrete pad and be responsible for its maintenance.
Such picnic shelter and concrete pad shall be maintained by the City in a manner similar to
any other similar facility owned by the City. As owner of the picnic shelter and concrete pad,
the City shall retain the authority to move, or in the event of vandalism, Act of God,
depreciation, wear and tear, or any other cause or need, or no cause, to demolish the picnic
shelter.
(d) The picnic shelter, when completed, shall be subject to the City's scheduling
and rental requirements, including fees.
1
0911702
3. All funds for payments or services performed by the City under this Agreement are
subject to the availability of an annual appropriation for this purpose by the City Council of the City
of Roanoke. In the event of nonappropriation of funds by the City Council of the City of Roanoke
for the goods or services provided under this Agreement or substitutes for such goods or services
which are as advanced or more advanced in their technology, this Agreement shall be considered
terminated, without termination charge or other liability of the City, on the date of such action by
City Council. If funds are not appropriated at any time for the continuance of this Agreement,
cancellation will be accepted by the Contractor or on thirty (30) days prior written notice, but failure
to give such notice shall be of no effect, and the City Council of the City of Roanoke shall not be
obligated under this Contract beyond the date of termination.
4. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
5. Faith-based organizations: Pursuant to ~2.2-4343.1 of the Code of Virginia
(1950), as amended, the City of Roanoke does not discriminate against faith-based
organizations.
6. Negotiation: This Agreement has been fully negotiated by and between the
parties and shall be construed as if both parties had an equal responsibility in the drafting
hereof.
7. Entire Agreement: This Agreement represents the entire integrated agreement
between the parties and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement shall not be amended or modified except by written
instrument signed by the parties.
8. Successors and assigns: Except as otherwise specifically provided herein, the
terms and provisions of this Agreement shall be binding upon, and shall inure to the benefit
of, the successors and assigns of the parties.
9. No Waiver of Terms of Agreement: No failure of any party to insist upon strict
observance of any provision of this Agreement, and no custom or practice of the parties at
variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement
in any instance.
10. Notice: Any notice, request, or demand given or required to be given under this
Agreement shall, except as otherwise expressly provided herein, be in writing and shall be deemed
duly given only if delivered personally or sent by certified mail, return receipt requested to the
following addresses:
2
09/1702
To the City:
City Manager
Room 364, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011
To Garden City:
Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed,
upon the third business day after the mailing thereof.
IN WITNESS WHEREOF, the parties hereto have executed the same as of the day
and year first hereinabove written:
A TTEST: CITY OF ROANOKE
By
Mary F. Parker, City Clerk Darlene L. Burcham,
City Manager
A TTEST: GARDEN CITY RECREATION CLUB
By By
Secretary President
Approved as to Form: Approved as to Execution:
Assistant City Attorney Assistant City Attorney
3 09/1702
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Garden City Park:
New Shelter Location
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EXHIBIT B
6.a.l0.
To Each Council Person
City Council
215 Church Avenue
Roanoke, Virginia 24011
Charles W. Hancoc~President
Garden City Civic League
1016 Estates Road
Roanoke, Virginia 24014
November 12, 2002
Dear Council Person,
The Garden City Civic League and The Garden City Recreation Club would like to donate a picnic
shelter to the Garden City Park . The Recreation Department and the two organizations have been
working together for the betterment of our community since 1996 and have made several
improvements to the park. This Grant was one of two Grants, received from the Neighborhood
Partnership and both approved by Council, the first in 1996, for a wall, and the second in 2000,
for the picnic shelter which has not been built because of unforseen problems. All problems been
resolved. We need you to approve this donation again. The shelter is purchased and shipped to
Roanoke and once you approve this, we are ready to construct. Thank you for your understanding.
cc
Mayor Ralph Smith
Nelson Harris
Bill Carder
Bill Bestpitch
Linda Wyatt
Alfred T. Dowe, Jr.
M. Rupert Cutler
Sincerely,
A! ~ ~U,J I . ''>Ait''/
lt~k;"WCck
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@ci.roanoke.va.us
MARY F. PARKER, CMC
City Clerk
November 22, 2002
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #110-137
The Honorable John S. Edwards
Member, Senate of Virginia
P. O. Box 1179
Roanoke, Virginia 24006-1179
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 990
Roanoke, Virginia 24005
Gentlemen:
I am enclosing copy of Resolution No. 36136-111802 adopting and endorsing a Legislative
Program for the City to be presented to the City's delegation to the 2003 Session of the
General Assembly of Virginia. The abovereferenced measure was adopted by the Council
of the City of Roanoke at a regular meeting which was held on Monday, November 18,
2002. By separate cover, the City Attorney will transmit copy of the 2003 Legislative
Program.
On behalf of the Mayor and Members of Roanoke City Council, you are invited to a joint
luncheon meeting with City Council and the Roanoke City School Board on Monday,
December 2,2002, at 12:15 p.m., in the Emergency Operations Center Conference Room,
Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
With kindest regards, I am
s^'~ #. P fAAA-
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc: William H. Carder, Chair, Legislative Committee
William M. Hackworth, City Attorney
Cindy H. Lee, Clerk, Roanoke City School Board
Thomas A. Dick, Legislative Liaison, 1108 East Main Street, Suite 904, Richmond,
Virginia 23219
H:\Agenda.02\November 18,2002 correspondence.wpd
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of November, 2002.
No. 36136-111802.
A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to
the City's delegation to the 2003 Session of the General Assembly.
WHEREAS, the members of City Council are in a unique position to be aware ofthe legislative
needs of this City and its people;
WHEREAS, previous Legislative Programs ofthe City have been responsible for improving the
efficiency of local government and the quality of life for citizens of this City;
'VHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be
advocated by the Council and its representatives at the General Assembly; and
WHEREAS, the Legislative Committee of City Council has by report, dated November 18, 2002,
recommended to Council a Legislative Program to be presented at the 2003 Session of the General
Assembly;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Legislative Program transmitted by report of the Legislative Committee, dated
November 18, 2002, is hereby adopted and endorsed by the Council as the City's official Legislative
Program for the 2003 Session of the General Assembly.
2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the
2003 Session ofthe General Assembly to attend Council's meeting relating to legislative matters, to be
held at 12:15 p.m., on December 2, 2002.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF CITY A TIORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY ATTORNEY
TELEPHONE: 540-853-2431
FAX: 540-853-1221
EMAIL: cityatty@ci.roanoke.va.us
ELIZABETH K. DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY ATTORNEYS
November 18, 2002
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: 2003 Legislative Program
Dear Mayor Smith and Members of Council:
On November 4, 2002, City Council's Legislative Committee met to review the
proposed 2003 Legislative Program. A copy of this Legislative Program is attached. After
careful review, the Committee recommends it to City Council for favorable action. The
School Board portion of the Program was approved by the School Board at its meeting on
November 11,2002.
As Chair of the Legislative Committee, I wish to thank the other members of Council,
who comprise the Committee, and Mr. Day and Mr. Lindsey of the School Board. We also
wish to thank Tom Dick, our Legislative Liaison, and Bill Hackworth, City Attorney, who
coordinated and prepared this Program.
As Chair of the Legislative Committee, I commend the Program to City Council for its
approval. I am confident the members of the Council will agree that the recommended
Program will advance the legislative interests of the City and its people at the 2003 Session.
Respectfully submitted,
~~k
William H. Carder, Chair
Legislative Committee
WHC/f
Honorable Mayor and Members
of City Council
November 18,2002
Page 2
Attachments
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
F. B. Webster Day, Esquire
William H. Lindsey, Esquire
Dr. E. Wayne Harris, Superintendent
Richard L. Kelley, Assistant Superintendent
for Operations and Legislative Liaison
Mary F. Parker, City Clerk
Thomas A. Dick, Legislative Liaison
2003
LEGISLATIVE PROGRAM
CITY OF ROANOKE
CITY COUNCIL
SCHOOL BOARD
Ralph K. Smith, Mayor
Gloria P. Manns, Chair
C. Nelson Harris, Vice-Mayor
Ruth C. Willson, Vice-Chair
William D. Bestpitch
F. B. Webster Day
William H. Carder
Marsha W. Ellison
M. Rupert Cutler
William H. Lindsey
Alfred T. Dowe, Jr.
Melinda J. Payne
Linda F. Wyatt
Robert J. Sparrow
CITY MANAGER
SUPERINTENDENT
Darlene L. Burcham
Dr. E. Wayne Harris
William M. Hackworth
City Attorney
464 Noel C. Taylor Municipal Building
Roanoke, VA 24011
540-853-2431
I; \Legislative Info\2003ccsb .wpd
2003 Lee:islative Proe:ram
Leldslation Requested
1. Roanoke Civic Center, Amphitheatre and Stadium Improvements Funding - The City's
civic events infrastructure - the civic center, amphitheatre and stadium - require substantial
investment to meet the needs of the community. The City has funded $21.2 million in
improvements to the Civic Center and the construction of a new stadium/amphitheatre. The next
phase of improvements to the Civic Center will involve construction of new exhibit space and
additional improvements to cost $14.9 million. Additional flexibility in the local funding
mechanisms allowed by the State to cover debt service for those projects is needed. The legislature
should grant authority to allow any locality the discretion to levy its admissions tax at designated
public facilities at a higher rate than is applicable elsewhere in the locality. Such a provision would
allow the locality to impose a lower admissions tax rate at privately owned facilities.
2. Two-Tiered Real Estate Tax Authority - To improve opportunities for development and
redevelopment, the City requests authority to impose a two-tiered real estate tax. Such authority,
which the General Assembly has already granted the City of Fairfax, would be permissive and allow
the City to tax the improvements to real property at a separate rate (but not exceeding) the rate on
the real property itself Authority to impose a tax rate on the improvements to the property at a
lower rate than that on the real property would create much needed additional incentives for
investment in the City.
3. Liens Against Real Estate for Unpaid Water Bills - Roanoke requests legislation to allow the
City to place a lien against real estate in order to collect unpaid water bills. The City already has
this authority with regard to sewer bills. Section 21-118.4 of the Code of Virginia grants this power
to localities that have created sanitary districts, S15.2-5139 provides this power to public service
authorities and S 15.2-2118 grants this authority to 16 additional localities. The City requests that it
be added to the localities with this authority under section S15.2-2118.
4. Civil Penalties for Inoperable Motor Vehicles and Trash and Weed Violations - To address
the problem of blight in the City and other localities in the State, legislation is needed to allow
localities the flexibility to impose civil penalties for violations of inoperable motor vehicles and
local trash and weed removal ordinances.
5. Absentee Landlord Representation - Section 55-218.1 of the Code of Virginia requires
property owners who own four or more units in the Commonwealth of Virginia, but do not reside in
the Commonwealth themselves, to maintain an agent who is a resident of the State. It is difficult to
serve summons and other notices on property owners who do not live in the same locality, delaying
action to address blight. The General Assembly is requested to amend this Code section to require
that the property owner's leasing agent or representative operate in the same locality as the property
or in an adjacent locality.
6. Study of Delinquent Tax Sale Process - The process to sell or transfer property with
delinquent real estate taxes is difficult and time consuming. The General Assembly is requested to
study ways to streamline this process that would include, among other things, looking at the process
utilized in other states.
Other Leldslative Priorities
1. Opposition to Restrictions on Local Zoning Authority - The City opposes any legislation
such as HB 1212, introduced during the 2002 General Assembly, that would limit the authority of
the City to restrict certain types of housing in certain areas ofthe City.
2. Opposition to Biosolids Restrictions - The City opposes legislation such as SB 618, also
introduced in the 2002 General Assembly, that would allow localities to restrict or prohibit the
application ofbiosolids in the locality.
3. Support for Virginia First Cities Coalition - As a member of Virginia First Cities, a group of
15 of the State's older cities, Roanoke supports the broad legislative objectives of this coalition,
including: restructuring the State's tax system to raise State tax revenues to generate the additional
funding required annually for education, transportation and human services; the adoption of an
urban policy and smart growth strategies and holding older, core cities harmless from any budget
balancing actions because of the fiscal stress they are facing.
Additionally, Roanoke supports the First Cities efforts to:
a. Minimize the loss of State aid to localities that disproportionately affects Virginia
First Cities, including preserving education funding, human services, enterprise zone
tax credits, juvenile justice and 599 funds.
b. Support further funding for education; allowing cities more flexibility to manage
urban construction funds; changing the street maintenance formula to better reflect
the cost; and adding legislative language to the State Code section on comprehensive
plans to provide housing opportunities for all income levels.
School Board Le!!islative Priorities
The major legislative priorities listed in priority sequence of the Roanoke City School Board are for
the State:
1. To improve its share of funding public education based on the results
of the JLARC study
2. To communicate to our legislators that any reduction in State funding
must be made through an across-the-board budget reduction rather than
reductions in specific programs
2
3. To enhance the State's support of school capital outlay projects
through a permanent funding source for school construction and debt
service requirements that will fund 55% of school construction needs
over the next five years (This legislative issue has been adopted by the
seven school boards and governing bodies who are members of the
Roanoke Valley School Boards Consortium as a funding priority for
FY2003-04)
4. To maintain local governance over K-12 educational and administrative
Issues
5. To continue to support standards and consequences for school
accreditation that are non-punitive in nature
6. To address student safety and discipline issues through additional
funding and program support, and
7. To provide incentives for the recruitment and retention of teachers
and principals
The City of Roanoke endorses the School Board Legislative Program In its entirety and
incorporates it into the City's Legislative Program.
Lel!islation the City Would Support
TransDominion Express
Roanoke supports the proposal to extend passenger rail service from Bristol through Roanoke and
on to Lynchburg and then to Washington, D.C. and Richmond, VA. Roanoke is the largest city in
Virginia without passenger rail service. The 2000 General Assembly provided $9 million in
preliminary funding for this important economic development initiative. The City supports the
additional State funding necessary to place the service into operation.
Access to VCIN for Parking Ticket Enforcement
The City supports legislation to slightly broaden local government access to the Virginia Criminal
Information Network (VCIN). This is needed to obtain the name and address of ticketed drivers
from out-of-state so they can be required to pay their parking tickets. In Roanoke, the Director of
Finance, who is responsible for collecting on these tickets, does not fall under the current definition
of local officials who are authorized by the Virginia Code to have such access. Section 46.2-100
should be amended to include Directors of Finance.
Service of Civil Process Fees
Roanoke supports legislation to allow the City to keep the revenue it receives from the fees paid
when civil process papers are served by the Sheriffs office. Section 15.2-1609.3 requires that any
amounts collected "in excess of such fees received in fiscal year 1994" be remitted to the State
Treasurer. Such fees are more appropriately retained by the locality.
3
Courthouse Security Fee
Section 53.1-120 ofthe Code of Virginia allows all local governments to assess a sum not in excess
of five dollars as part of the costs in each criminal and traffic case in both district and circuit courts
for the funding of courthouse security personnel. This Code section has a July 1, 2004, sunset
provision. The City supports deleting this sunset language.
Jail Funding Formula
The formula that allows the state to recover personnel costs when local jails house federal inmates
should be modified to more appropriately reflect the costs to localities of housing these prisoners.
Blight Related Remedies
Roanoke City supports several important remedies to the problem of urban blight:
· The General Assembly should amend ~15.2-1127 of the State Code to increase the current
registration fee of $25 for vacant buildings to $500 to assist localities in addressing the
additional costs of fire, police and inspection activities related to vacant properties.
· The State should streamline the legal process applicable to sale of properties on which
delinquent taxes are owed so that these properties can be transferred to responsible
ownership more expeditiously and less expensively; or in the absence of this, the State
should allow localities to sell real estate tax lien certificates as done in some other states.
· The City supports legislation to allow eligible projects in enterprise zones to consist of up to
80 percent residential use.
· The State should delete the requirement in the enterprise zone real property investment tax
credit that the owner or tenant receiving the credit actually conduct business on the property.
Regional Competitiveness Act Funding
In the past, this State funding primarily supports workforce development efforts to strengthen the
region I s competitiveness. Additional funding by the State ofthis program is recommended.
Aircraft Taxation and Incentives
The City of Roanoke supports tax incentives that would provide encouragement for aircraft to be
located at Virginia airports. Section 58.1-1500 of the State Code should be amended to reduce the
State I s tax on the sale of aircraft in the Commonwealth. Any reduction in revenues should be
replaced with State general fund dollars.
Telecommunications Tax Collections
Localities are losing tax revenues provided for under existing law from telecommunications firms
that begin new service in a locality but never notify that locality that they are operating. The City
supports legislation to require each telecommunications company to notify each locality that they
are doing business in that locality. Additionally, some types of telephone services, such as prepaid
4
cellular services and telephone cards, are not taxed or are not taxed on the same basis as other
telephone services. Some equitable way of assessing the required tax on mobile telecommunications
($3.00 or ten percent of the first $30.00) should be found, such as imposing the tax on whatever
entity wholesales such services or cards to retailers. Roanoke also supports an amendment to the
Code of Virginia to clarify that the City can impose a late payment penalty and disallow the
collection fee/discount for late payment of local taxes by utilities collecting the Consumer Utility
Tax, E-911 tax and other taxes.
Policy Positions
Commissions to Study Local Government Needs
The legislature is conducting studies concerning State and local tax structure. In recent years,
numerous studies have been conducted that have provided useful information. The Commission on
the Future of Virginia's Cities and The State and Local Tax Structure Commission have identified
issues and developed recommendations that have not been implemented. Roanoke recognizes the
need for review of these important issues but urges that useful results of the studies actually by
implemented by the legislature so their benefits will finally be realized.
State Support for Cultural Agencies and Activities
Institutions such as the Center in the Square and its constituent agencies, the Virginia Museum of
Transportation and the Commonwealth Games all attract tourists to the region and help support the
economy. City Council is appreciative of the legislature's partial funding of regional cultural
institutions and regional events in previous years. The State is encouraged to develop a policy that
ensures stable funding for these agencies. Additionally, a regional funding mechanism is needed
to provide a source of funding for environmental, entertainment, and cultural assets. The City
supports legislation that would allow for the development of funding from regional resources for
cultural, historic, and recreation amenities such as a Blue Ridge Asset District.
Mental Health Funding
The State should expand its scope of mental health services to include those with traumatic brain
injuries. The State should provide additional funding to operate a comprehensive mental health
facility in the western part of the State. Such facilities already operate in at least two other parts of
the State, but not in the southwestern region of Virginia. The City supports line item funding in the
State budget for "Brain Injury Services of Southwest Virginia". Additionally, special consideration
should be given to meeting mental health needs that fall under the jurisdiction of the court system.
Transportation (Including Mass Transit) Funding
Adequate funding, especially that for mass transit, is critical to keep Virginia's transportation
system viable. In addressing transportation needs, the General Assembly should consider:
adjusting fund sources such as the motor fuels tax, to keep pace with inflation; imposing moderate
increases in state transportation-related taxes and fees; authorizing more options for long-term
financing for major projects; authorizing the creation of regional transportation districts; seeking
equity among various road users by ensuring that trucks pay their proportionate share of road costs
and promoting mass transit solutions on a regional and statewide basis.
5
Standards for Adult Homes
The State should raise its standards for adult homes to more fully reflect the care needed for this
population segment. Additionally, the State should improve funding for adult homes, particularly
for indigent care.
Zoning Districts
Roanoke opposes any legislation that would restrict present land use powers of local governments to
establish, modify and enforce zoning classifications. Local governments should remain free to adopt
and enforce zoning changes that address local land use needs. The City opposes any legislation that
would limit local government regulation of historic zoning districts and its ability to accept
proffered conditions in rezonings that relate to building features and materials.
Redevelopment Initiatives
Roanoke City opposes further restrictions on eminent domain powers of State and local
governments.
General Policy Considerations
The Federal and State governments should recognize that local governments are the best vehicles
for the delivery of many services to the public because local governments are closest to the people
and the most responsive. Roanoke remains concerned with the cumulative effect of Federal and
State legislative and regulatory mandates that have stressed the serious financial problems of local
governments. It is essential that the State fully fund all State mandates, including public employee
salaries.
Roanoke is vitally concerned over the continued erosion of local revenue sources. The General
Assembly is urged to leave the taxing authority and revenue sources of local governments alone.
Additionally, the State should pay a greater share of the costs of education and other essential
servIces.
City Council calls upon the Governor and the General Assembly to develop an economic
development strategy for the Commonwealth and its local governments. The strategy should
include special programs for those areas west of the Blue Ridge mountains and central cities across
the Commonwealth. Tourism and convention activities that enhance the economic well being ofthe
State and its political subdivisions should be recognized as legitimate components of economic
development.
ROANOKE CITY PUBLIC SCHOOLS
LEGISLATIVE PROGRAM--FY2002-2004 BIENNIUM
State Standards
The State's new standards for the accreditation of public schools will be fully
implemented with the class of 2004 (present eleventh grade students). The standards provide
high expectations for students and schools in order for schools to be accredited and for students
6
to graduate from high school. The standards are based on a rigorous curriculum which is
annually tested, making the schools and teachers accountable for student achievement.
Roanoke City Public Schools' Le!!islative Issues
The Roanoke City Public Schools' legislative program for the second year of the 2002-
2004 Biennium addresses the State initiatives necessary to assist urban school districts in
meeting and exceeding the State accreditation standards. The School Board's emphasis on
student promotion and intervention will be the foundation for raising school and student
performance to the State standards. The School Board's legislative agenda identifies progressive
legislative strategies and outcomes that are crucial to meeting the Schools' educational goals and
the public's expectations for student success.
The Roanoke City School Board and Superintendent have established high expectations
and standards for schools and students. The objectives include: 1) Improving student
achievement and focusing on student reading skills; 2) Increasing the student attendance rate; 3)
Improving physical education scores on the State test; 4) Decreasing the student drop-out rate; 5)
Increasing staff accountability for student performance; and 6) Improving the competitiveness of
employee salaries.
During the first year of the current Biennium, eleven Roanoke City schools met the new
State accreditation standards and four schools missed accreditation by a small margin. All
Roanoke City schools demonstrated improvement on the core SOL tests. The Roanoke Valley's
legislative team is to be commended for its exceptional work during the last three Bienniums in
securing additional State funding for education that is greatly assisting the City schools in our
initiatives to meet the State standards.
The Roanoke City School Board's legislative package for the second year of the 2002-
2004 Biennium asks that the General Assembly continue to improve the State's share of funding
the Standards of Quality and Standards of Accreditation.
The JLARC study released in the fall of 2001 indicated that the funding gap is over $600
million in comparing actual State funding to required State funding in meeting the Standards of
Quality. Last Spring the General Assembly implemented the first phase of funding to meet the
gap noted by the JLARC study. The General Assembly needs to continue the phase-in of
funding to meet the recommendations of the JLARC study.
School Board Le!!islative Priorities
The legislative priorities of the Roanoke City School Board listed in priority sequence
are:
1. To improve its share of funding public education based on the results of the
JLARC study
7
2. To communicate to our legislators that any reduction in State funding must be
made through an across-the-board budget reduction rather than reductions in
specific programs
3. To enhance the State's support of school capital outlay projects through a
permanent funding source for school construction and debt service requirements
that will fund 55% of school construction needs over the next five years. (This
legislative issue has been adopted by the seven school boards and governing
bodies who are members of the Roanoke Valley School Boards Consortium as a
funding priority for FY2003-04)
4. To maintain local governance over K-12 educational and administrative issues
5. To continue to support standards and consequences for school accreditation that
are non-punitive in nature
6. To address student safety and discipline issues through additional funding and
program support, and
7. To provide incentives for the recruitment and retention ofteachers and principals
The Governor and General Assembly have said that public education is a priority in the
Commonwealth; however, State funding for education has declined from slightly more than 50%
of the total State budget for the 1976-78 Biennium to about 32% of the State budget during the
current Biennium. Legislative actions taken by the State during the first year of the current
Biennium have substantially increased the State's funding commitment to public education.
However, the State's economic difficulties during the past two years have resulted in an average
increase of only $725,000 in State funding. Public surveys, both at the State and local levels,
indicate the public believes the legislature should continue the emphasis on educational
initiatives and funding.
The General Assembly should continue its emphasis on reducing disparity as it relates
to student performance. State incentive programs for reducing class size and educating
preschool age children should continue to be expanded. Roanoke City has taken advantage of
both of these State incentive programs. All 19 of its 21 elementary schools eligible to participate
in the primary class size initiative are participating in the program, while 11 preschool classes
have been added in the last five years.
The State should improve its share of funding public education by increasing the State's
share of financial support in the following areas:
· Average Teacher Salary - The State Basic Aid formula for average teacher salaries
should use the national average for teacher salaries as the basis for teacher salary
cost rather than using the prevailing average for the State.
8
· School Staffing Ratios - The average class size for grades 4 & 5 in Roanoke City is
18 to 1 but the State formula only supports a ratio of 25 to 1. It costs an additional
$1.7 million in local funds to support lower class sizes.
· Preschool Programs - The State should fund preschool programs at a level which
serves 100% of the eligible preschool age population rather than 60% of the
eligible preschool age population.
· Truancy Programs - Visiting teachers must be included in the Standards of Quality
since they are essential to Roanoke City's truancy prevention programs. The
locality expends $365,000 in funds to support the positions.
· Alternative Education - State funds provide support for only 10% of the program's
cost. The remaining costs amounting to $1.3 million are funded by the school
district.
· School Resource Officers - The Standards of Quality should include School
Resource Officer positions. The Roanoke City Schools now expend $271,000 for
these positions with no funding support from the State.
· School Security Equipment - No funds are provided from the State for school
security equipment (e.g., video monitors, metal detectors, and radios). The State
should provide a minimum of $15 per pupil for the purchase of such equipment.
Most school districts in the State have experienced severe problems in the recruitment of
teachers and school principals. The State should provide incentive funds to attract and
retain teachers and principals. The incentives would include: 1) Scholarships for instructional
aides and other support personnel who wish to obtain a teaching degree; 2) Internships for high
school and college students to acquaint them with teaching as a profession; 3) Pay differentials
for teachers and principals working in schools with a high percentage of at risk students; 4)
Financial incentives for new teachers including relocation and signing bonuses, interest free
loans for home purchase, and tax exemptions for teachers and principals working in schools
located in economic enterprise zones.
The State has set school and student accountability as a priority. In response to the
new State standards, the School Board has adopted a school incentive program that relates its
objectives to measurable standards for schools and students. The State Department of Education
has adopted accreditation standards based on student test performance that may result in schools
losing their accreditation status. The General Assembly is encouraged to ensure that the
consequences of not meeting accreditation standards are not punitive for both schools and
students.
The State has directed a substantial portion of State Lottery profits to school construction
needs. Despite the infusion of these new funds, Roanoke City still faces a large deficit in
meeting its future requirement for school construction which totals over $100 million. The
capital projects include elementary school renovation, additional classrooms and physical
education facilities, instructional technology, and air conditioning improvements. Major
9
renovation of the City's two high schools will be required starting in FY2005. State funds are
available to fund only 17% ofthe total requirement.
Statewide, over $6.6 billion in school capital requirements exists with only about $4.0
billion available to meet these needs. The General Assembly should adopt legislation to create
an education infrastructure trust fund to finance direct grants for school construction needs using
State Lottery proceeds. The trust fund should fund at least 55% of school construction
requirements over the next five years.
Standards of Learnin2:
The State Department of Education has implemented a comprehensive set of learning
standards for students and accreditation standards for schools. The Standards of Learning
combined with the Standards of Accreditation are the basis for a system of school and student
accountability. The General Assembly should continue to review the standards to ensure:
· School improvement should be evaluated over time based on continuous progress,
with additional funding assistance provided to schools based on the need for
teacher professional development and student intervention services.
· School accreditation should be based on a combination of factors which, at a
minimum, should include mastery of the Standards of Learning (SOL) and
compliance with standards that are actually funded by the State. Other factors
should include attendance and dropout rates, business and technical education
certifications, and performance on other tests such as the Stanford Achievement
Test.
· The Standards of Quality (SOQ) and accreditation must be adequately funded by
the General Assembly to include teacher training, instructional materials and
textbooks, testing services, and instructional equipment and technology.
Pupil Services
Legislative actions related to pupil services issues must be oriented to improving student
achievement and reducing educational disparity. Recent events and concerns regarding potential
terrorist activity dictate that the State must assume a larger role in funding school security and
safety requirements. Localities must retain flexibility in dealing with issues regarding student
placement and a student's school attendance. Issues of concern include the following:
· State funding for truancy and absenteeism programs should be enhanced through
the inclusion of visiting teachers in the Standards of Quality at the rate of one per
every 500 students.
· The State should fund at least 50% of the locality's cost for alternative education
and should provide for the funding of multiple sites within a school district.
Alternative education funding provided by the State should recognize the high cost
oftransportation and facility services needed to support the program.
10
· State funding must be provided for the assignment of a school resource officer to
every secondary school through the inclusion in the Standards of Quality of one
resource officer per middle school and one per every 500 students at the high
school level.
. School security equipment including two-way communication between school
offices and classrooms, video monitors, metal detectors, and radios/cellular
telephones should be funded by the State. At minimum, each school in the
Commonwealth should receive $15 per pupil for security related equipment.
· Localities must retain flexibility in the educational placement required by the State
for suspended or expelled students.
· Roanoke City now employees 12.5 FTE school nurses with local funds. The State
should fund student health related services on the basis of one nurse for every 1,000
pupils in membership.
Construction and Technolo2:V
The maintenance and construction of school facilities has reached a crisis situation in
Virginia with over 65% of all buildings being over 25 years old. Local funds to resolve the crisis
are not readily available, and State funding through the Literary Fund does not have the capacity
to support the immediacy of the requirement. Technology dictated by the new Standards of
Learning requires a massive infusion of new equipment and retooling of facility infrastructures.
Additional technology personnel are required to assist schools with technology operations and
training. The General Assembly is urged to address construction and technology issues as
follows:
· The funding capacity of the Literary Fund must be restored and protected over the
next two Biennia in order that additional capital funds may be loaned to localities.
· The State maintenance fund which was eliminated in the current year budget
should be restored at $15 per pupil.
· A permanent education infrastructure trust fund should be created to provide direct
construction grants to schools in order to address the current crisis for building
modernization and to provide for the additional classrooms required by State
initiatives for smaller classes. The fund should provide 55% of the monies required
over the next five years to meet school construction requirements.
· Student technology requirements required by the new Standards of Learning should
be incorporated into the Standards of Quality in order that funding may be secured
for these requirements. The Standards of Quality should include a minimum of one
technology assistant for every school.
11
School Governance
Local control and flexibility in school operations is a priority for school boards if the
State expects accountability standards to be meaningful and achievable by schools and students.
Such flexibility involves management of school finances without mandates to relinquish control
to the local governing body. Governance issues of legislative concern during the next legislative
session include the following:
· The local school board should have control over the school calendar and the
opening and closing dates for the school year.
· The present system of State waivers for school accreditation standards should be
continued.
· Local school boards must maintain control over the establishment and operation of
charter schools as provided for in legislation adopted during the previous
Biennium.
· Drug testing of students and school personnel should be a local option and not
mandated by the state.
· Local school boards should retain the right to regulate the use of non-prescription
drugs by students on school property.
· A State study should be conducted on increasing the length of the school year and
school day in conjunction with intervention programs designed to assist schools in
meeting the Standards of Accreditation.
· State funding should be continued for the Standards of Quality regarding
elementary guidance counselors and reading teachers where the Virginia
Department of Education has revised the mandate.
· The State should not provide tax credits to parents of children enrolled in private
schools or tax credits for donations to fund scholarships for the attendance of
children at private schools.
Governor's School Proe:ram
A total of 15 academic-year Governor's Schools now serve 5,200 students statewide.
Prior to the 1998-2000 Biennium, State funding for ongoing Governor's Schools had been frozen
since 1992 at a fraction of $2,765 per pupil based on each district's composite index. During the
current Biennium, per pupil funding for ongoing Governor's Schools has been increased to
$3,410, again based on each district's current composite index. It is imperative that the State
continue to increase per pupil funding for the Governor's Schools at an annual rate of increase
equivalent to the annual rate of increase in per pupil cost as computed for the State Standards of
Quality.
12
State Bud2et Constraints
Current economic conditions may require the State to reduce Aid to Public Education for
the second year of the Biennium. If the State is forced to implement reductions to education
funding, such reductions should occur through across the board cuts, rather than reducing
specific programs. This option will provide flexibility to local school districts in determining the
reductions that will take place at the local level.
13
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22,2002
File #60-467
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36137-111802 amending and reordaining certain
sections of the 2002-03 School Fund Appropriations, providing for appropriation of
$856,000.00, in connection with a school instructional technology fund; and dispensing with
the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002, and is in full force and
effect upon its passage.
Sincerely, /)
n... ---r 1. r LJ-. -
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Darlene L. Burcham, City Manager
Gloria P. Manns, Chair, Roanoke City School Board, 1727 Staunton Avenue, N. W.,
Roanoke, Virginia 24017
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy H. Lee, Clerk, Roanoke City School Board
Barry L. Key, Director, Office of Management and Budget
H:\Agenda.02\November 18, 2002 correspondence.wpd
~>
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of November, 2002.
No. 36137-111802.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
School Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 School Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Education
School Instructional Technology 2002-03 (1) ..........................................
$147,114,988
856,000
Revenues
Education
School Instructional Technology 2002-03 (2) ..........................................
1) Additional - Data
Processing Equipment
2) State Grant Receipts
$147,114,988
856,000
(030-062 -6845-6002 -0826)
(030-062-6845-1100)
$ 856,000
856,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
t~1
Gloria P. Manns, Chairman
Ruth C. Willson, Vice Chairman
F. B. Webster Day
Marsha W. Ellison
William H. Lindsey
Melinda J. Payne
Robert J. Sparrow
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
Roonol"'\e
City School l300rd P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 . Fax: 540-853-2951
November 18, 2002
The Honorable Ralph K. Smith, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its November 11
meeting, the Board respectfully requests City Council to approve the
appropriation of $856,000 for School Instructional Technology funds.
The funds will be used for the purchase of school instructional
technology equipment which will enable students in grades six
through eight to take the Standards of Learning tests on-line. This
continuing program will be one hundred percent reimbursed by State
bond funds.
The School Board appreciates your approval of this request.
re
cc: Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mr. William L. Murray
Sincerely,
~-tt. ~
Cindy H. Lee, Clerk
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Mrs. Ann H. Shawver (with
accounting details)
Preparing Students for Success
CITY OF ROANOKE
DEPARTMENT OF FINANCE
2 I 5 Church A venue, S. W., Room 46 I
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
JESSE A. HALL
November 18, 2002
ANN H. SHAWVER
Deputy Director
email: anu_shawver@cLroanoke.va.us
Director of Finance
email: jesse_hall@ci.roanoke.va.us
The Honorable Ralph K. Smith, Mayor
The Honorable C. Nelson Harris, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable William H. Carder, Council Member
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
We have reviewed the attached request to appropriate funding for the School Board. This
report will appropriate the following:
$856,000 for School Instructional Technology funds. The funds will be used for the purchase
of school instructional technology equipment which will enable students in grades six through
eight to take the Standards of Learning tests on-line. This continuing program will be one
hundred percent reimbursed by proceeds from State bond funds. Therefore, debt will be
incurred by the State and will not increase the School's debt service.
I recommend that you concur with this report of the School Board.
Sincerely,
~4.M-!I
Jesse A. Hall
Director of Finance
JAH/ctg
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of City Schools
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
November 22,2002
File #467
Gloria P. Manns, Chair
Roanoke City School Board
1727 Staunton Avenue, N. W.
Roanoke, Virginia 24017
Dear Ms. Manns:
I am enclosing copy of Resolution No. 36139-111802 authorizing the School Board for the
City of Roanoke to expend funds out of the City's capital improvement funds, in an amount
up to $1.3 million, for adding to and improving the present school building at Lincoln
Terrace Elementary School, and declaring the City's intent to borrow to fund or reimburse
such expenditures.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002.
Sincerely, /}
n. AA..; 1. f/ ~
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc: Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy H. Lee, Clerk, Roanoke City School Board
H:\Agenda.02\November ] 8,2002 correspondence.wpd
\iJ v.. ~
IN THE COUNCIL OF TIlE CITY OF ROANOKE, VIRGINIA
The 18th day of November, 2002.
No. 36139-111802.
A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds fur
adding to and improving the present school building at Lincoln Terrace Elementary and declaring the
City's intent to borrow to fund or reimburse such expenditures.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The School Board of the City of Roanoke is authorized to expend out of the City's
capital improvement fund up to $1.3 million for the cost of adding f and improving the present
school building at Lincoln Terrace Elementary School ("the Project").
2. In accordance with U. S. Treasury Regulations ~1.15{)-2, it is hereby declared that the
City reasonably expects to reimburse capital expenditures and bond issuance costs for the Project
with proceeds of debt to be incurred by the City . The maximum principal amount of debt expected to
be issued for the Project is $1.3 million.
3. This is a declaration of official intent under Treasury Regulation ~ 1.150-2.
ATTEST:
City Clerk.
{RKE#0775712.DOC-l }
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
November 22, 2002
File #467
Gloria P. Manns, Chair
Roanoke City School Board
1727 Staunton Avenue. N. W.
Roanoke, Virginia 24017
Dear Ms. Manns:
I am enclosing copy of Resolution No. 36138-111802 authorizing the Roanoke City School
Board to make application to the State Board of Education of Virginia for a loan from the
State Literary Fund, in the amount of $1.3 million, to be paid in 20 annual installments and
the interest thereon at four per cent, paid annually, for modernizing Lincoln Terrace
Elementary School by adding to and improving the present school building.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002.
SA'~ j~
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc: Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy H. Lee, Clerk, Roanoke City School Board
H:\Agenda.02\November 18, 2002 con'espondence.wpd
~
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of November, 2002.
No. 36138-111802.
A RESOLUTION authorizing the School Board for the City of Roanoke to make application
for a loan from the State Literary Fund for modernizing Lincoln Terrace Elementary School.
WHEREAS, the School Board for the City of Roanoke, on the 18th day of November, 2002,
presented to this Council an application addressed to the State Board of Education of Virginia for the
purpose of borrowing from the Literary Fund $1.3 million, for adding to and improving the present
school building at the Lincoln Terrace Elementary School, to be paid in twenty (20) annual
installments, and the interest thereon at four percent (4%) paid annually.
BE IT RESOLVED that the application of the City School Board to the State Board of
Education of Virginia for a loan of$1.3 million from the Literary Fund is hereby APPROVED, and
authority is hereby granted the said City School Board to borrow the said amount for the purpose set
out in said application.
The Council of the City of Roanoke will each year during the life of this loan, at the time it
fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for
operation expenses and to pay this loan in annual installments and the interest thereon, as required by
law regulating loans from the Literary Fund.
ATTEST:
City Clerk
{RKE#077S712.DOC-l}
t~.
Gloria P. Manns, Chairman
Ruth C. Willson, Vice Chairman
F. B. Webster Day
Marsha W. Ellison
William H. Lindsey
Melinda J. Payne
Robert J. Sparrow
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
Roanol.l\e
City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951
November 18, 2002
The Honorable Ralph K. Smith, Mayor
And Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its November 11
meeting, the Board respectfully requests City Council to approve a
State Literary Fund loan application in the amount of $1.3 million for
improvements to Lincoln Terrace Elementary School. The loan
application includes resolutions for architectural supervision and a site
waiver. The debt service on the loan will increase the Board's debt
service expenditure by $104,000 commencing in FY2004-0S, but no
debt service liability is incurred until funds are drawn against the loan
account.
The Board appreciates the approval of this request.
Sincerely,
~;t. ~
Cindy H. Lee, Clerk
re
Enc.
cc: Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mr. William L. Murray
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Preparing Students for Success
V.A. 005 1/99
No.
APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
Name of School Lincoln Terrace Elementary School
Name of County-City
Roanoke
TO THE STATE BOARD OF EDUCA nON,
Richmond, Virginia:
Gentlemen:
The School Board for the City of Roanoke
hereby makes application for a
loan of $ 1.3 million from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering
(making permanent improvement to) a school building located at 1802 Liberty Road, N. W., Roanoke, VA as follows: Describe
briefly) Replacement of the existing roof system and skylights, exterior windows and doors, and the heating system; renovation of
restrooms and canopy decking; modernization of classroom and office lighting systems; and construction of partitions in the corridors
and classrooms.
1. The said building, addition, or permanent improvement described above, to be
Brick
(Type of construction, brick, frame, etc.)
will be used as a
Elementary
(Elem., H. S., Comb. Elem. & H.S.)
building, and is estimated to cost $
2.1 million
2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or permanent
improvement thereto, is $ 865,959
3. There is at present a loan from the Literary Fund on this
Lincoln Terrace Elementary School in the amount
(Building or school plant)
of$
-0-
4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement thereto, and site, on
account of which such loan is made. .
5. The site on which this building, addition, or permanent improvement, will be located contains 9.5 acres, of which
9.5 acres are well suited and useable, or can be easily improved and made useable, for playground and
recreational purposes.
6. The plans and specifications for the building or improvement, complying with Minimum School Building Requirements, have been
or will be approved by the division superintendent of schools and the Superintendent of Public Instruction before construction is
begun. It is understood that the State Board of Education reserves the right to withhold any part or all of the amount of this loan, if the
plans and specifications approved by the Superintendent of Public Instruction are not followed.
7. The proposed building, addition, or permanent improvement, is desirable because: (Explain briefly)
school for the 21st Century
Upgrade an elementary
8. The present total indebtedness of the City for school buildings is $65,499,084
$6,536,000 is owed to the Literary Fund.
of which
9. This County-City has not defaulted or failed to meet its debt service obligations as and when due for the five years except, as
follows: None
10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the provisions of
"Minimum Requirements and Standards for School Buildings," Regulations State Board of Education.
II. The building or improvement for which this application for a loan is made is part of a long-range planning program in accordance
with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education, and is
recommended in the study or survey made by (give title and date)
Five-Year Capital Improvement Plan, FY2003-2007
12. This loan is to be made for
20 years, and is to be paid in
20
annual installments, with interest at the rate
51020
51020
of ~ per centum per annum, payable annually.
13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application agreed to
provide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Literary Fund and, for
at least two years immediately before this loan, has not been more than six months in default in the payment of interest due on any
loan from the Literary Fund.
Given under my hand this the
day of
,2002.
THE SCHOOL BOARD OF
County-City
By
, Chairman
A ITEST:
, Clerk
SEAL
t~.
Gloria P. Manns, Chairman
Ruth C. Willson, Vice Chairman
F. B. Webster Day
Marsha W. Ellison
William H. Lindsey
Melinda J. Payne
Robert J. Sparrow
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
Roonol~e
City School l300rd P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951
November 11, 2002
RESOLUTION
WHEREAS, the Roanoke City School Board has approved the design
plans for Lincoln Terrace Elementary School and actual construction is
scheduled to proceed in March, 2003; and
WHEREAS, State Literary Fund Loan regulations require that
professional supervision be provided by the School Board for all projects
funded by Literary. Fund loans.
",---.- . :.-. ;C"'-. .
THEREFORE, BE IT'RESOLVED that the Roanoke City School Board
agrees to retail'l professional services (the architectural firm of MarshWitt
Associates) to supervise the improvements to Lincoln Terrace Elementary
School.
E. Wayne Harris, Ed.D., Superintendent
Gloria P. Manns, Chairman
Preparing Students for Success
t~1
Gloria P. Manns, Chairman
Ruth C. Willson, Vice Chairman
F. B. Webster Day
Marsha W. Ellison
William H. Lindsey
Melinda J. Payne
Robert J. Sparrow
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
Roanol.l\€
City School Goard P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 . Fax: 540-853-2951
November 11, 2002
RESOLUTION
WHEREAS, the Roanoke City School Board has undertaken a project to
improve Lincoln Terrace Elementary School; and
WHEREAS, Lincoln Terrace Elementary School is located on
approximately 9.5 acres of property and the state requirement for a school
of this size is ten acres; and
-
WHEREAS, Lincoln Terrace, Elementary School is located within a
densely populated residential area of the City and the acquisition of
additional real~state to meet the State requirement for the school's site size
is not feasible; arid
WHEREAS, the School Board has access to an additional 3.5 acres of
City park property adjacent to the school which is dedicated to recreational
use:
THEREFORE, BE IT RESOLVED that the School Board of the City of
Roanoke, Virginia requests the State Department of Education to grant a site
waiver for the improvements to Lincoln Terrace Elementary School.
Gloria P. Manns, Chairman
E. Wayne Harris, Ed.D., Superintendent
Preparing Students for Success
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #60-429
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 18, 2002, it was the consensus of Council to refer the matter of a cost-of-Iiving
adjustment for City retirees to fiscal year 2003-04 budget study.
/ft~
j./i1.A
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
Kenneth S. Cronin, Director, Human Resources
N:\CKMH]\Agenda.02\November ]8,2002 comspondence.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #20-514
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 18, 2002, Council Member Carder referred to communications from residents
of Brandon Oaks retirement community in regard to speeding on Brandon Avenue, S. W.,
and requested that the City Manager review arterial streets, including Brandon Avenue,
with regard to potential traffic calming measures.
Sincerely, /J
I"h~ Ir~~
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Robert K. Bengtson, Director, Public Works
Kenneth H. King, Jr., Manager, Streets and Traffic
H:\Agenda.02\November 18, 2002 correspondence.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #184
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 18, 2002, Council Member Bestpitch requested that you submit a
recommendation to Council at its meeting on Monday, December 2,2002, with regard to
holiday leave for City employees.
~y~ !;J~
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Kenneth S. Cronin, Director, Human Resources
H:\Agenda.02\November 18, 2002 con-espondence.wpd
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 18, 2002
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject:
Relocation of Utilities from
Overhead to Underground
This is to request space on Council's regular agenda for a 30-minute briefing on
the above referenced subject.
Respectfully submitted,
Darlene L. Burc
City Manager
DLB:sm
c: City Attorney
Director of Finance
City Clerk
Aerial Utilities
City Council Briefing
November 18, 2002
Purpose
. Identify issues
. Identify opportunities for progress
Impact
../
. Cluttered street5eapes
. Overall visual quality of the city
Research of other localities
. Widespread concern
~
. Projects limited to small areas
. Key economic development and
revitalization tool
Approaches
. Relocation underground
. Relocation to alleys
t/
. Consolidation on fewer poles
r I ~ M,M.(.,
. ~II street trees
Underground Relocation
. Very high cost
. Most effective
../'
. Street lights
. Cost to property owners converting to
underground service drops
1
la:1-~ ~ V1- J
t/
Alley Relocation
. Costs less than underground relocation
. Effective in reducing clutter on streets
. Allows larger street trees
. Some utilities already located in alleys
. Less cost to property owners
. Access issues
w~
Utilities located in alley
)~
Consolidation
. Can reduce, but not eliminate, visual dutter
. Issues with street trees remain
. Relatively low cost
. Most locations have utilities consolidated to one
side
Current policies
. SUbdivision ordinance
. Requires utility lines for new subdivisions to be
located at the rear
. "Strongly encouragesn underground wiring
. Distribution lines must be located underground in the
500le dlsbicts
. Past efforts limited to core areas of downtown
2
Roanoke Vision 2001-2020
. Recommends alley location,
relocation underground, and
consolidation
. Implementation requires a long-range
approach
./
Priorities
. Remaining portions of downtown
. Village centers
. Residential neighborhoods
V'.
v
Other opportunities
. Road projects and redevelopment projects
. Issue: Oty bears half the cost
. Install conduit for future wiring
. Street trees can reduce visual impact
~
tJl/
~
.~
.,.,.
or--
Funding
. Cost is the biggest obstacle
v/
. Funding sources could supplement
financing by the city and utilities
. Transportation Enhancement funds
. Special assessment districts for area-specific
projects
3
Ideas for Action v
. Identify aty priorities
. Long-range strategy - spread cost over time
. Short-range plans for consolidation
. Include relocation in planning major projectS
. Amend subdivision ordinance
. require underground wiring In new subdivisions
. require underground service distributions In all
dlstrk:ts
. Regular funding in CIP and operating budgets
. Demonstration projects
Discussion & Questions
4
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@cLroanoke.va.us
November 22,2002
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #514
Stephen W. Lemon, Attorney
Martin, Hopkins & Lemon, P. C.
P. O. Box 13366
Roanoke, Virginia 24033
Dear Mr. Lemon:
I am enclosing copy of Ordinance No. 36140-111802 vacating, discontinuing and closing
that portion of Shenandoah Avenue, N. E., adjacent to Official Tax Nos. 3013603 and
3013604; and dispensing with the second reading of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002, and is in full force and
effect upon its passage.
MFP:mh
Sincerely, /J
fk ~ t r~.....
Mary F. Parker, CMC
City Clerk
Enclosure
pc: The Western Virginia Foundation For The Arts and Sciences, One Market Square,
S. E., Roanoke, Virginia 24011
H. R. Foundation, Inc., c/o Virginia Tech, 312 Burruss Hall, Blacksburg, Virginia
24061
Roanoke Redevelopment and Housing Authority, P. O. Box6359, Roanoke, Virginia
24012
Norfolk and Southern, 110 Franklin Road, S. E., Roanoke, Virginia 24011
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
H:\Agenda.02\November 18, 2002 correspondence.wpd
~~rJ/
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of November, 2002.
No. 36140-111802.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and
dispensing with the second reading of this ordinance by title.
WHEREAS, Western Virginia Foundation for the Arts and Sciences, filed an
application to the Council of the City of Roanoke, Virginia, in accordance with law,
requesting the Council to permanently vacate, discontinue and close the public right-of-way
described hereinafter; and
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after
having conducted a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held on said application by the City Council on
November 18,2002, after due and timely notice thereof as required by S30-14, Code of the
City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closing of the subject public right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no inconvenience
will result to any individual or to the public from permanently vacating, discontinuing and
closing said public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly
described as follows:
That portion of Shenandoah Avenue, N.E., as identified in a plat dated
August 20, 2002, prepared by Lumsden Associates, P.e., appended to the
petition filed in the Office of the City Clerk on September 5, 2002 by the
Western Virginia Foundation for the Arts and Sciences (hereinafter referred to
as "Plat")
be, and is hereby permanently vacated, discontinued and closed, and that all right and interest
of the public in and to the same be, and hereby is, released insofar as the Council of the City
of Roanoke is empowered so to do with respect to the closed portion of the right-of-way,
reserving however, to the City of Roanoke and any utility company, including, specifically,
without limitation, providers to or for the public of cable television, electricity, natural gas or
telephone service, an easement for sewer and water mains, television cable, electric wires,
gas lines, telephone lines, and related facilities that may now be located in or across said
public right-of-way, together with the right of ingress and egress for the maintenance or
replacement of such lines, mains or utilities, such right to include the right to remove,
without the payment of compensation or damages of any kind to the owner, any landscaping,
fences, shrubbery, structure or any other encroachments on or over the easement which
impede access for maintenance or replacement purposes at the time such work is undertaken;
such easement or easements to terminate upon the later abandonment of use or permanent
removal from the above-described public right-of-way of any such municipal installation or
other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant, or its successors in interest, 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, 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 the applicant, or its successors in interest, shall
dedicate to the City a portion of Official Tax Number 3013603 as right-of-way to be added to
Shenandoah Avenue, as set forth in the Plat.
BE IT FURTHER ORDAINED that the applicant, or its successors in interest, shall,
upon meeting all other conditions to the granting of the application, deliver to the Clerk of
the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for
recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of
the City of Roanoke, Virginia, as Grantor, and in thename of the Petitioner, or the name of
Petitioner's successors in interest, 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
3
ordinance being recorded by the Clerk of the Circuit Court ofthe City of Roanoke, Virginia,
where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FINALLY ORDAINED that if the above conditions have not been met within a
period of one (1) year from the date of the adoption of this ordinance, then said ordinance
shall be null and void with no further action by City Council being necessary.
ATTEST:
City Clerk.
H:\ORDINANCES\O-STCLOS- WYFAS(SHENANDOAH)EXII1802.DOC
4
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appeals
Planning Commission
November 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from the Western Virginia Foundation for the Arts and
Sciences, represented by Stephen W. Lemon, Attorney, that a
portion of Shenandoah Avenue, N.E., lying adjacent to parcels
bearing Official Tax Nos. 3013603 and 3013604, be permanently
vacated, discontinued and closed
Planning Commission Action:
Planning Commission public hearing was held on Thursday, October 17, 2002. By a
vote of 6-0-1 (Mr. Chrisman abstaining), the Commission recommended approval.
Background:
The petitioner requests the portion of right-of-way on Shenandoah Avenue to add to its
site for the redevelopment of Official Tax Map Nos. 3013603 and 3013604. These two
parcels house the former Norfolk and Western Passenger Station. The petitioner plans
to rehabilitate this structure to accommodate a visitors bureau and museum.
During the public hearing on October 1 ih; staff explained that the requested closure
would involve an exchange of property on Shenandoah Avenue. In return for the
vacation of the portion of Shenandoah Avenue requested, the petitioner will dedicate to
the City a portion of Official Tax Map Number 3013603 as right-of-way to Shenandoah
Avenue. This exchange would be in lieu of sale of the portion of right-of-way to be
vacated. There was no one present to speak in favor of or in opposition to the request
Considerations:
Both of the petitioner's parcels are zoned C-3, Central Business District, as are all the
adjoining properties. The Hotel Roanoke lies to the northwest, a vacant parcel to the
north, the railroad tracks to the south and Williamson Road to the east.
There are no sewer or gas lines under the said portion of right-of-way. Staff received
comments from AEP, which stated that it has facilities at the site and would need to
retain an easement and from Verizon, which stated that any existing telephone plants
be grandfathered.
The proposed vacation in and of itself will not have a discernible impact on traffic in the
area. Development and subsequent operation of facilities at the site will increase
traffic at the intersection of Shenandoah Avenue and Williamson Road. However, the
changes to said portion of right-of-way will have little to no impact on the flow of traffic
at the intersection. City staff is working with the petitioner to ensure that the turning
radius from Williamson Road onto Shenandoah Avenue is as safe and accessible as
possible.
Staff received no comments in opposition to the petitioner's request.
City Council is authorized to sell this vacated portion of alley, if it so chooses. Section
15.2-2008 of the Virginia Code (1950), as amended, authorizes a City to require an
abutting property owner to purchase the vacated right-of-way as a condition of the
vacation. Under such an arrangement, the price may be no greater than the property's
fair market value or its contributory value to the abutting property, whichever is greater,
or the amount agreed to by the parties.
The petitioner and the City of Roanoke have agreed to an exchange of portions of
rights-of-way in lieu of sale for the said portion of right-of-way to be vacated. The City
Engineer advised that the said portion of right-of-way should be vacated in exchange
for the petitioner's dedication to the City of a portion of right-of-way at the westernmost
portion of the petitioner's property on Shenandoah Avenue.
Recommendation:
Planning Commission recommends approval of the petitioner's request to close,
discontinue and vacate this portion of Shenandoah Avenue, N.E., subject to the
conditions set forth below.
A. The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and record the
plat with the Clerk of the Circuit Court for the City of Roanoke. Said
plat shall combine all properties which would otherwise dispose of the
land within the right of way to be vacated in a manner consistent with
law, retain appropriate easements for the installation and maintenance
of any and all existing utilities that may be located within the right-of-
way, including the right of ingress and egress, and effect the exchange
of property desired by the parties in this matter.
2
B. Upon meeting all other conditions to the granting of the application, the
applicant shall deliver a certified copy of this ordinance for recordation
to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the
same in the name of the City of Roanoke, Virginia, as Grantor, and in
the name of the Petitioner, and the names of any other parties in
interest who may so request, as Grantees. The applicant shall pay
such fees and charges as are required by the Clerk to effect such
recordation.
C. Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicant shall file
with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
D. If the above conditions have not been met within a period of one year
from the date of adoption of this ordinance, then said ordinance shall
be null and void with no further action by City Council being necessary.
Respectfully submitted,
tf~ ~.Ih~
Robert 8. Manetta, Chairman
Roanoke City Planning Commission
attachment
cc: Darlene L. Burcham, City Manager
Roland Johnson, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Stephen Lemon, Attorney for the Petitioner
3
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
INRE:
)
) APPLICATION FOR VACATION, DISCONTINUING
) AND CLOSING OF A PORTION OF SHENANDOAH
) AVENUE, N.E., ADJACENT TO ROANOKE CITY
) TAX MAP NOS. 3013603 AND 3013604
)
)
)
)
Application of Western Virginia
Foundation for the Arts and Sciences,
a Virginia non stock corporation for
vacation of a portion of Shenandoah
Avenue, N.E., adjacent to Roanoke
City Tax Map Nos. 3013603 and
3013604
MEMBERS OF COUNCIL:
The Western Virginia Foundation for the Arts and Sciences ("WVFAS"), by counsel,
applies to have a portion of Shenandoah Avenue, N.E., adjacent to Roanoke City Tax Map Nos.
3013603 and 3013604, in the City of Roanoke, Virginia, permanently vacated, discontinued and
closed, pursuant to Section 15.2-2006 Virginia Code (1950), as amended and Section 30-14,
Code of the City of Roanoke (1979), as amended. The portion of Shenandoah Avenue to be
vacated is more particularly described on the attached plat.
WVFAS, states that the grounds for this application are as follows:
(1) The applicant desires to use the property to be vacated in combination with its
adjoining property to create a single economically viable parcel which may be utilized in
connection with the rehabilitation of the former Norfolk & Western Passenger Station for use as
the proposed Roanoke Valley Visitors and Convention Bureau and the O. Winston Link Museum.
(2) The rights-of-way in question are not necessary for adequate ingress or egress to
any adjoining property and are further not necessary for through traffic.
(3) WVFAS proposes to exchange the property owned be WVFAS and delineated on the
attached plat as "to be conveyed and made a part of the right of way of Shenandoah Avenue" for
the right of way in question.
WHEREFORE, WVFAS respectfully requests that the above-described street be vacated
by the Council of the City of Roanoke, Virginia, in accordance with the Section 15.2-2006 Virginia
Code (1950), as amended and Section 30-14, Code of the City of Roanoke (1979), as amended.
Respectfully submitted
WESTERN VIRGINIA FOUNDATION FOR
THE ARTS AND SCIENCES
~ .. L 1..-...- Sefllember 5. 2002
J es C. Sears
President
Stephen W. Lemon
Martin, Hopkins, & Lemon, P.C.
P.O. Box 13366
Roanoke, VA 24033
1000 First Union Tower
10 S. Jefferson Street
Roanoke, VA 24011
Telephone: (540) 982-1000
Facsimile: (540) 982-2015
EXHIBIT B
Official Tax Map. No. I
Street Address Name of Prooertv Owner MailinQ Address
N/A Norfolk & Southern 110 Franklin Road, S.E.
Roanoke, VA 24011
3013501 H. R. Foundation, Inc. c/o Virginia Tech
312 Burruss Hall
Blacksburg, VA 24061
3013502 Roanoke Redevelopment and P. O. Box 6359
Housing Authority Roanoke, VA 24012
3013503 Roanoke Redevelopment and P. O. Box 6359
Housing Authority Roanoke, VA 24012
3013602 Roanoke Redevelopment and P. O. Box 6359
Housing Authority Roanoke, VA 24012
3013603 The Western Virginia 1 Market Square, S.E.
Foundation For The Arts and Roanoke, VA 24011
Sciences
3013604 The Western Virginia 1 Market Square, S.E.
Foundation For The Arts and Roanoke, VA 24011
Sciences
PlAT SHOWlG
1HE COMIIIAlIllN
1 (1.213 Acres
and .
0.070 Acre portion of
Shenandoah Avenue, NE
c..atJn, _ Now
Tract 1a (1.168 Acres)
~aI
WESTERN VIRGINIA FOUNDATION
for the ARTS AND SCIENCES
: and~
, 0.115 Acres
for SHENANDOAH AVENUE, NE
......,.ny aI
THE CITY OF ROANOKE, VIRGINIA
Sh_ A_ ~..a1:L..-. _ N.W.
ROANOD. VIRGINIA
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-.. S OZ"J657 W 5.09
4c-4d N 12TJ'., C J9.25
-.. 5 88T61. C 167.35
-:::: 5 85TI'S.' W 8&J4'
5 68'06 14 W 548
14-15 N O2T2'45 C 4.15
15-16 N 66'2447 C 51.7J
16-17 N 79'09'35' E 62.66
17-1 S/IB'OSJ7 C 195.04
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ar 142.00
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This
M.B
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LocgJ~LJ(8n
This plat Is based an a current field survey.
This plat was prepared without the bllflefit of 0 current title repart.
Iron pins set at all carner.. un/es. otherwise noted.
This property does lie within the limit. of 0 700 Year Flood Boundary a.
designated by FEMA. This opinion Is based on an inspection of the
Flood Insurance Rate Maps and has been verified by octuol field elevations.
See Community Panel 151013 0046 0, Map 151161ctXU6 0, dated
October IS, 1993. Zone "A" (no base flood elevations detennlned)
Legal References: PraDer'. of WfSTFRN VIRGINIA FOUNDATION FOR THE
ARTS and SCIENCES
0.839 Acre Tract (Tax 13013603); Instrumllflt 1000012974 .t Mop Book I,
Page 1765
0.270 Acre Tract (Tax 13073604); Instrument /001000177 .t I./op Book I,
Page 2/89
ProDert. of NORFOLK SOUTHERN CORPORA TlON
Deed Book 178, Page 336 .t Deed Book No Page 84
For details of Utilities effecting thl. Property.... plot prepared by Lum.dllfl
Associates, PC, IlfItlt/ed Boundary and Topographical Survey of 1.109 Acre Troc~
being Roanoke City Tax Parcels 30/3603 (0.839 Acres) .t JOIJ6IU (0.270
Acres) prepared for Spectrum Design, doted January JO. 2002.
It.tes:
I.
2.
3.
4.
DOW AU ME' .r THESE PRESEKrS TO WIT:
That Western Virginia Foundation for the Arts and Sciences and the City of
Roanoke. VIrginia ore the fee simple Owners and Proprietors of the land
shown hereon to be subdivided, bounded by outside corners / through 17 to
I, inclusive, which comprises oil of the land conveyed to sold Western Virginia
Foundation for the Arts and Science.. recorded in the Clerk's Office of the
Circuit Court of the City of Roanoke, Virginia. in Instrument /0000/2974,
doted ond comprises 011 of the lond conveyed to sold
Western VIrginia Foundation for the Arts and Sciences, recorded In the
aforesaid Clerk" Office Instrument /00/000177, dated
which oIso comprises oil of the land conveyed to sold Western Virginia
Foundation for the Arts and Sciences In Instrument
5.
In
The sold Owner certifies that they have .ubdivided this land, as shown
hereon, /lfItlrely with their own free will and cans/lflt and pursuant to and
compliance with the Virginia Code of 1950, os required by Sections
15.2-2240 through 15.2-2279, os amended to dote, and further pursuan
and In compliance with the City of Roanoke Land Subdivision Ordinances.
6.
to
Dote
A"IOVED:
Agen~ Roanoke City Planning Commission
City En9ineer, Raonoke, . VIrginia
hereby placed the followIng signatures and seal on
2002.
',mile S"them C'/7JDflftlo.
WeI"'" VlfII/." "lIndati..
ftlr t/w ArtIlntl Be",,",
In witness wh....of ore
this _ day of
Date
In the Clerk's Office of the Circuit Court of the City of
Roanoke, VIrginia. this mop with the certificate of
acknowledgmlJtlt thereto anneJ/ed Is admitted to record an
2002, at
o'clock _m.
irATE OF VlRSI~
of
III
Arthur B. Crush,
Deputy Clerk
Testee:
,.,.
1.213
-
Tot~
the aforesaid
whose
2002, has
and State and
o Notary Public
and State do hereby certify that _
of Westem Virginia Foundation for the Arts and Sciences,
name Is silJlled to the foregoing writing doted
personofly appeared be fare me In my aforesoid
acknowledged the same on
My commission e""ires
for
and
in
2002.
I
I'
jl
I
!I~
PlAT SHOWING
1HE _AllON
1 (1.213 Acres)
.....
0.070 Acre portion of
Shenandoah Avenue, NE
CroaDl, _ _
Tract 1a (1.168 Acres)
""","",at
WESTERN VIRGINIA FOUNDATION
for the ARTS AND SCIENCES
.... -....
0.115 Acres
for SHENANDOAH AVE
--", of
Tract
Notary Public
o Notary Public In and for the aforesaid
and State do hereby certify that
of Norfolk Southem Corporatlan, whose nome Is signed to the
foregoing writing dated _ _ _ 2002, ha. personally appeared
before me in my of ores old _ and State and acknowledged the some
an 2002.
I./y commission e""ires
NE
NUE
..
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~
o
..
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o
...
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~
PG
VIRGINIA
-'
N.W.
M.B.
OF ROANOKE
511....._ A~~ .."';A..,_ Read,
ROANOD, VIRGINIA
THE CITY
STATE OF VlRSlllA
of
Notary Public
Shenandoah Ave, NE
3013705
3013501
401
HM
~'/
Qj;
0:/,
~!/
Cf.)! j
~;
S'i
-./ ;
~,
~...
s
3013604
---nORFOLK AV SE ~--______
4010121
4010120
w
en
1011 r-
en
r-
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~
4010205
N
w
E
s
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@cLroanoke.va.us
MARY F. PARKER, CMC
City Clerk
October 30,2002
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #514
Stephen W. Lemon, Attorney
Martin, Hopkins & Lemon, P. C.
P. O. Box 13366
Roanoke, Virginia 24033
Dear Mr. Lemon:
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,
November 18, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Western Virginia Foundation for the Arts and
Sciences, a Virginia non stock corporation, that a portion of Shenandoah Avenue, N. E.,
adjacentto Official Tax Nos. 3013603 and 3013604, be permanently vacated, discontinued
and closed.
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the November 18
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
MFP:mh
Sincerely, /J
fh """7 1. f/ ~..
Mary F. Parker, CMC
City Clerk
Enclosure
H:\Public Hearings.02\November 18.all-po.lllrs.wpd
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@cLroanoke.vaus
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
October 30,2002
File #51
The Western Virginia Foundation ForThe
Arts and Sciences
One Market Square, S. E.
Roanoke, Virginia 24011
Roanoke Redevelopment and Housing
Authority
P. O. Box 6359
Roanoke, Virginia 24012
H. R. Foundation, Inc.
c/o Virginia Tech
312 Burruss Hall
Blacksburg, Virginia 24061
Norfolk and Southern
110 Franklin Road, S. E.
Roanoke, Virginia 24011
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,
November 18, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Western Virginia Foundation for the Arts and
Sciences, a Virginia non stock corporation, that a portion of Shenandoah Avenue, N. E.,
adjacent to Official Tax Nos. 3013603 and 3013604, be permanently vacated, discontinued
and closed.
The City Planning Commission is recommending that Council approve the request for
rezoning. If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541 .
H:\Public Hearings.02\November 18.att-po.lttrswpd
Interested Property Owner and/or
Adjoining Property Owner
October 30, 2002
Page 2
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, Building and Development at 540-853-1730.
Sincerely,
A~ :l.P~-
Mary F. Parker, CMC
City Clerk
MFP:mh
N:\CKMH1\Public Hearings.02\November 18.att-po.lttrs.wpd
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
RECEIVED
Cln CLEfi:\<.S OFf:
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a publi~e~.Dll T~19"~;&', October 17,
2002, at 1 :30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following:
Request from the Western Virginia Foundation for the Arts and Sciences, represented by
Stephen W. Lemon, Attorney, that a portion of Shenandoah Avenue, N.E., lying adjacent
to parcels bearing Official Tax Nos. 3013603 and 3013604, be permanently vacated,
discontinued and closed.
A copy of said application is available for review in the Department of Planning Building
and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this hearing, please contact the
Department of Planning Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on October 1 and 8, 2002
Please bill:
Stephen W. Lemon
Martin Hopkins & Lemon, PC
POBox 13366
Roanoke, VA 24033
(540) 982-1000
Please send affidavit of publication to:
Department of Planning Building & Dev.
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-1730
~
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE CLOSURE REQUEST OF:
Western Virginia Foundation for the Arts and )
Sciences for part of Shenandoah Avenue, NE ) 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
17th day of September, 2002, notices of a public hearing to be held on the 17th day of
October, 2002,on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel
Owner's Name
Mailing Address
Norfolk Southern Corporation
110 Franklin Road, SE
Roanoke, VA 24011
3013501
H R Foundation, Inc.
c/o VA Tech
3013502
3013503
3013602
Roanoke Redevelopment and Housing
Authority
312 Burruss Hall
Blacksburg, VA 24061
POBox 6359
Roanoke, VA 24012
3013603
3013604
Petitioner
~~ IO-u- '8v~~,
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 17th day of September, 2002.
~~.r~n n,..1,.
Notary ~"'tr
My Commission Expires: ~ ~ ~" OJ)~
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
September 5, 2002
File #514
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
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
an application received in the City Clerk's Office on September 5, 2002, from
Stephen W. Lemon, Attorney, representing Western Virginia Foundation for the Arts and
Sciences, a Virginia non stock corporation, requesting that a portion of Shenandoah
Avenue, N. E., adjacent to Official Tax Nos. 3013603 and 3013604, be permanently
vacated, discontinued and closed.
Sincerely,
'-Ir7M.::1 if. ?~w
Mary F~arker, CMC
City Clerk
MFP:mh
Enclosures
H:\Rezonings - Street.Alley Closings.02\Westem Virginia Foundation for the Arts and Sciences. alley closing.wpd
Robert B. Manetta, Chair
September 5, 2002
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
Stephen W. Lemon, Attorney, Martin, Hopkins & Lemon, P. C., P. O. Box 13366,
Roanoke, Virginia 24033
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
H:\Rezonings - Street.AIIey Closings.02\Westem Virginia Foundation for the Arts and Sciences.alley closing.wpd
;
.~
6' A"
/ \v~
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing on Monday,
November 18, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
Council Chamber in the Noel C. Taylor 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:
That portion of Shenandoah A venue, N.E., adjacent to parcels bearing Official
Tax Map Nos. 3013603 and 3013604.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question. If you are a person with a disability who needs
accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by
Thursday, November 14,2002.
GIVEN under my hand this ~ day of Octoher
,2002.
Mary F. Parker, City Clerk.
H:INOTICESIN-CLOSEALLEY(SHENANDOAH)WVFAS_I1 1802.DOC
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
. RECEI'vED _ I -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - =~~ - ~~~~~~~ _ = ~ ~i'in_ ~:1 f. f ~ '~. _f.0!~ _1_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I
'02 NO\! 113 P 6 :02
I
I
I
I
I
I
I
STEPHEN W. LEMON
PO BOX 13366
MARTIN HOPKINS & LEM
ROANOKE VA 24033
REFERENCE: 80094105
02017668
Shenandoah Ave.
.'-_...
".~;""<'~~' ;:
JO;."MAY CONCEJIN: '
~orhQlclthel ~~:
~n;.p~
1OOj\'.: lithe mItt8r
~ 1M '-d. In the Councll
.C\lImbIr In" Noll c. TIYIor
,...... ~ 215 Church
AIiInUI, s.w.,on lit 1IpIlIIciI.
,1lOt'I. to-. PIRllIllllllll'7 lIbiIndDn..
.... dIIaailltnuIlIId _.
'" the ~ the.Cl\Y hlllIIy
. ~ ,In.. public
rtIIt-.of"WIY. ... flllIoWIIlt pub.
110 -of~.,.
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
__~i~___day of November 2002. Witness my hand and
Off~C\i\t !\a~.
___~____________~Notary pu~ic
My commlssion expires __~~~_~_~_~~__'
A copy or_lIO\lOIII_ ....
IbIe far .~........ In the
0lIIcI or the CIl;y CleItl, RoOm
458. Noel C. T~ MunIclpeI
BuIklnC. All PIttIIs In IIIWeIt
/IllY IPPMr Clllthe __' dIIt8
,n blllelInt!lft the QUeIlIaIJ.
If ~ _ I IIIIIOIl wllh I eIla.
ebIllty who IIIedIlICCOIlIIIlocl8.
t10na far thIlI public lIe8IInc.
contIIct lIIe CIl;y CIerb Otftce,
863.2541. by thursdlY,
NcMmber 14, 2002.
GIVEN Imder nW hIIId thls 30th
dlY or October, 2002.
Miry F. PIItcer,CIl;y Cillrk.
(2017188)
PUBLISHE~ eN: 11/01 11/08
TOTAL COST:
FILED ON:
220.80
11/11/02
--------------------------------------------------+---------------------------
Authori
Signat
, Billing Services Representative
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #32-68-166
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36142-111802 authorizing acceptance of the
donation of a parcel of land located at 351 Salem Avenue, S. W., bearing Official Tax No.
1010106, in an lias is" condition, upon certain terms and conditions, and subject to the
City's receiving permission to enter the property for the purpose of conducting an
environmental assessment of the site, with findings of the assessment to be satisfactory
to the City; and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002, and is in full force and
effect upon its passage.
Sinlit~ J L
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
H:\Agenda,02\November 18, 2002 correspondence,wpd
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
November 22, 2002
File #32-68-166
Mr. Robert E. Zimmerman
P. O. Box 1031
Roanoke, Virginia 24005
Dear Mr. Zimmerman:
I am enclosing copy of Ordinance No. 36142-111802 authorizing acceptance of the
donation of a parcel of land located at 351 Salem Avenue, S. W., bearing Official Tax No.
1010106, in an "as is" condition, upon certain terms and conditions, and subject to the
City's receiving permission to enter the property for the purpose of conducting an
environmental assessment of the site, with findings of the assessment to be satisfactory
to the City; and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 18, 2002, and is in full force and
effect upon its passage.
On behalf of the City of Roanoke, thank you for your donation of the abovedescribed parcel
of land.
/hel:' JfL
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
N :\CKMHl \Agenda.02\November 18, 2002 correspondence, wpd
.~~ .
vJ
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of November, 2002.
No. 36142-111802.
AN ORDINANCE authorizing acceptance of the donation of a parcel located at
351 Salem Avenue, S. W., bearing Official Tax No. 1010106, in an "as is" condition,
upon certain terms and conditions, and subject to the City's receiving permission to enter
the property for the purpose of conducting an environmental assessment of the site, with
findings of the assessment to be satisfactory to the City; expressing appreciation for the
donation of this parcel to the City; and dispensing with the second reading by title of this
ordinance.
WHEREAS, Robert E. Zimmerman, owner of the property, has offered to donate
the property to the City of Roanoke, and the Council deems it advisable to accept the
property subject to certain terms and conditions, in accordance with the recommendation
of the City Manager in a letter to Council dated November 18, 2002.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The City Manager is authorized to accept the donation of the parcel, located
at 351 Salem Avenue, S. W., bearing Official Tax No. 1010106, which parcel adjoins
property currently owned by the City, in an "as is" condition, subject to a satisfactory
environmental site inspection.
.
2. City Council wishes to express the appreciation of the City of Roanoke to
Robert E. Zimmerman for his generous donation of the parcel, and the City Clerk is
directed to forward an attested copy of this ordinance to Mr. Zimmerman.
3. Pursuant to ~ 12 of the City Charter, the second reading by title of this
ordinance is hereby dispensed with.
ATTEST:
City Clerk.
H:\o-accepting351 salemI 01 01 06..doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Acceptance of Property
351 Salem Avenue, S.W.
The owner of property at 351 Salem Avenue, S.W., Robert E. Zimmerman, has offered to donate
to the City a parcel containing approximately .210 acres of land. The property, identified as tax no
1010106, is adjacent to a City-owned parcel that is currently utilized as a satellite office and parking
for city vehicles. The building on the property was recently destroyed by fire, leaving the assessed
value of the land at $47,000. The City intends to demolish the building after the property is
conveyed.
Recommended Action:
Authorize the City Manager to accept the donation of property identified by tax no. 1010106,
subject to a satisfactory environmental site inspection.
Respectfully submitted,
arlene L. Burc
City Manager
DLB/sef
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
#CM02-00253
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #110-305
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 18, 2002, you were reappointed as a member of the Roanoke Valley Juvenile
Detention Center Commission, for a term ending June 30, 2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
H:\Agenda.02\November 18, 2002.0aths.wpd
Mr. Jesse A. Hall
November 22, 2002
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Roanoke Valley Juvenile Detention Center Commission.
Sincerely,
11t-,
Mary F. Parker, CMC
City Clerk
1~
MFP:mh
Enclosures
pc: Vincent Copenhaver, Secretary, Roanoke Valley Juvenile Detention Center
Commission, 40 East Court Street, Rocky Mount, Virginia 24151
Stephanie M. Moon, Deputy City Clerk
H:\Agenda.02\November 18, 2002.0aths.wpd
"...----...-';'-.
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the eighteenth day of November, 2002, JESSE A. HALL was reappointed as
a member ofthe Roanoke Valley Juvenile Detention Center Commission, for a term ending
June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-second day
of November, 2002.
fh ;~I4....L"-
~ . --
City Clerk
H:\Agenda.02\November 18, 2002.0aths.wpd
,..,.____......,..,."".___...,_"~,,,."'.,.~c.._.,.,.._<< ..",....<_..,
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22,2002
File #110-305
Glenn D. Radcliffe, Director
Department of Human/Social Services
Roanoke, Virginia
Dear Mr. Radcliffe:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 18, 2002, you were reappointed as a member of the Roanoke Valley Juvenile
Detention Center Commission, for a term ending June 30, 2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue,S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy
of the Virginia Freedom of Information Act.
H:\Agenda.02\November 18, 2002.0aths,wpd
Mr. Glenn D. Radcliffe
November 22,2002
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Roanoke Valley Juvenile Detention Center Commission.
SA'-, 1. L
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc: Vincent Copenhaver, Secretary, Roanoke Valley Juvenile Detention Center
Commission, 40 East Court Street, Rocky Mount, Virginia 24151
Stephanie M. Moon, Deputy City Clerk
H:\Agenda.02\November 18, 2002.0aths,wpd
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the eighteenth day of November, 2002, GLENN D. RADCLIFFE was
reappointed as a member of the Roanoke Valley Juvenile Detention Center Commission,
for a term ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-second day
of November, 2002.
/'h~ I~
City Clerk
H:\Agenda.02\November 18, 2002.0aths.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #5-110
A. L. Gaskins, Chief
Department of Police
Roanoke, Virginia 24015
Dear Mr. Gaskins:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 18, 2002, you were reappointed as a member of the Regional Policy Board,
Alcohol Safety Action Program, for a term ending June 30, 2004.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
H:\Agenda.02\November 18, 2002.0aths,wpd
Mr. A. L. Gaskins
November 22,2002
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Regional Policy Board, Alcohol Safety Action Program.
Sincerely, /J
fA., t fA.. L~
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc: James 1. Phipps, Recording Secretary, Regional Policy Board, Alcohol Safety
Action Program, City of Salem, Court Community Corrections, 516 East Main
Street, Salem, Virginia 24153
Stephanie M. Moon, Deputy City Clerk
H:\Agenda.02\November 18, 2002.0aths.wpd
.""...__,.,__,....~"".~.'..~.".__~...........v,,...~""..,....,,~~.. ..,0"""_".' ^"___'~"'-_"
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the eighteenth day of November, 2002, A. L. GASKINS was reappointed as
a member of the Regional Policy Board, Alcohol Safety Action Program, for a term ending
June 30, 2004.
Given under my hand and the Seal of the City of Roanoke this twenty-second day
of November, 2002.
/"k~J~~
City Clerk
H:\Agenda.02\November 18, 2002.0aths,wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 22, 2002
File #15-110-253
Robert K. Bengtson, Director
Department of Public Works
Roanoke, Virginia
Dear Mr. Bengtson:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 18, 2002, you were reappointed as a member of the Board of Directors,
Roanoke Valley Resource Authority, for a term ending December 31, 2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
H:\Agenda.02\November 18, 2002.0aths.wpd
"'~'~'''-'---''''''''''-''''.'''"'~''''''-''''''~''''''-'"'-'''.''''''''Y~.",..., ,..",__..",__.",...,-"..".,,~,..,.;
Mr. Robert K. Bengtson
November 22, 2002
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Board of Directors, Roanoke Valley Resource Authority.
Sincerely, ~
/1 ,,~~ L
, 1'\ ~ 7 · --
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc: Deborah T. Charles, Secretary, Board of Directors, Roanoke Valley Resource
Authority, 1020 Hollins Road, N. E., Roanoke, Virginia 24012
Stephanie M. Moon, Deputy City Clerk
H:\Agenda.02\November 18, 2002.0aths.wpd
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the eighteenth day of November, 2002, ROBERT K. BENGTSON was
reappointed as a member of the Board of Directors, Roanoke Valley Resource Authority,
for a term ending December 31,2006.
Given under my hand and the Seal of the City of Roanoke this twenty-second day
of November, 2002.
Ih ~ ;. flL.~
City Clerk
H:\Agenda.02\November 18, 2002.0aths.wpd