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HomeMy WebLinkAboutCouncil Actions 12-02-91 SPECIAL SESSION ROANOKE CITY COUNCIL AND ROANOKE CITY SCHOOL BOARD December 2, 1991 10:30 a.m. AGENDA 2. 3. 4. 5. 6. 7. Call to Order. Roll Call of Council Members. Roll Call of School Board Members. Invocation. Mayor Noel C. Taylor. Welcome and introductory remarks. Mayor Taylor. Introductory remarks. Chairman Pincus. Discussion of 1992 Legislative Program: a. Mandates, Page I - Mayor Taylor b. Revenue and Finance, Page 1 - Mayor Taylor c. Special Needs of Central Cities Without Annexation Power, Page 2 - Mr. Musser d. Hotel Roanoke - Funding of Public Facilities, Page 6 Mr. Harvey e. Education - Equitable Funding, Page 7 - Chairman Pincus f. Education - Method of Calculating Standards of Quality Costs; Full Funding of Standards, Page 8 School Board g. Education - Elimination of School Age Census, Page 9 School Board h. Education - Enrollment Loss, Page 9 School Board i. Education - Day Care, Page 10 - School Board j. Education - School Opening Date, Page 10 - School Board k. Education - Criminal Conviction Records of Applicants for Employment With School Division, Page 10 - School Board 1. Transportation - Improved Access to Blacksburg/Virginia Tech, Page 10 - Mr. Fitzpatrick m. Juvenile Detention Facilities, Page 11 - Mr. Bowers n. Jail - Cost of Personnel and Expansion of Facilities, Page 11 - Mrs. Bowies o. Saies Tax - Local Option, Page 12 - Mr. White p. Technical and Legal Issues, Pages 12-14 - Mr. Dibling q. City Charter Amendment, Page 15 Mr. Dibling 8. Recognition of the Chairman and Members of the Roanoke City School Board for any additional remarks. 9. Recognition of the Chairman of Legislative Committee for remarks. 10. Remarks by the City Manager. 11. Remarks by the School Superintendent. 12. Recognition of the City's representatives to the 1992 Session of the General Assembly for remarks. 13. Concluding remarks. Mayor Taylor. 14. Adjournment. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOK~ VIRGINIA 24011-15~5 WILBURN C. DIBLIRG, JR. November 2 7, 19 9 1 '9t 1~0¥ 27 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI )CATHLEEN MARIE KRORAU ASSISTANT C~P( ATTOflHEY~ The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 1992 Leqislative Program Dear Mrs. Bowles and Gentlemen: I am enclosing a bound copy of the 1992 Legislative Program. I have also transmitted advance copies to the City's delegation to the 1992 Session of the General Assembly. I shall look forward to seeing each of you at our Legislative Meeting at 10:30 a.m. on Monday, December 2, 1991. Please do not hesitate to contact me if you have questions with respect to the Legislative Program. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:f En~los~e cc. ~. Robert Herbert, City Manager Mary F. Parker, City Clerk Noel C. Taylor Mayor Howard E. Musser Vice '~I~yor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 November 27, 1991 Council Members: David A. Bower~ ~ Elizabeth T. Bowles Beverly T. Fitzpatrick, Jr ~James G. Harvey, II William White, Sr. The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Section 10, Meetings of Council, of the Roanoke City Charter, I am calling a Special Meeting of the Council of the City of Roanoke on Monday, December 2, 1991, at 10:30 a.m., in the City Council's Conference Room. The purpose of the meeting will be to meet with the City's representatives to the General Assembly to discuss the proposed 1992 Legislative Program of the City of Roanoke. With kindest regards, I am Sincerely yours Mayor NCT: sw PROGRAM pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Ms. Mary F. Parker, City Clerk CITY OF ROANOKE · OFFICE OF THE CITYATrOR~EY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-15~ WILBURN C. DIBLING, JR. November 27, 1991 KATHLEEN MARIE KRONAU The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 The Honorable Clifton A. Woodrum, III Member, House of Delegates P. O. Box 1371 Roanoke, Virginia 24007 The Honorable Brandon Bell Member-Elect, Senate of Virginia 5628 Golden Eagle Lane Roanoke, Virginia Re: 1992 Leqislative Proqram for City of Roanoke Gentlemen: As you know, City Council is looking forward to meeting with the City's delegation to the 1992 Session of the General Assembly at 10:30 a.m. on December 2, 1991. As you have been previously advised by the City Clerk, the meeting will be held in Council's Conference Room which is adjacent to the Council Chambers on the Fourth Floor of the Municipal Building. For . >ur convenience, Legislative Program which Monday. I am enclosing an advance copy of the will be the topic of discussion on I shall look forward to working with each of you in advancing the interests of the people of the City of Roanoke at the 1992 Session. With kindest personal regards, I am Sincerely ~ours, Wilburn C. Dibling, City Attorney Jr. Messrs. Thomas, Woodrum and Bell November 27, 1991 Page 2 ' WCD:ff Enclosure cc: The Honorable Mayor and Members of ~City Council ~./~obert Herbert, City Manager ~/~ary F. Parker, City Clerk (30805) REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL DECEMBER 2, 1991 2:00 P.M. AGENDA FOR THE COUNCIL 1- Call to Order Roll Call. All Present. THE INVOCATION WILL BE DELIVERED BY MAYOR NOEL C. TAYLOR. WHE PI,EDGE OF AT-T-RGIANCE ?O ~ FLAG OF THE UNITED STATES OF AMERICA #ILL BE LED BY MAYOR ?AYLOR. PUBLIC HEARINGS PUBLIC HEARING ON A RESOLUTION AUTHORIZING ARTICLES OF ANENDMENT TO THE ROANOKE COUNTY RESOURCE AUTHORITY, AUTHORIZING THE JOINDER OF THE CITY OF ROANOKE AND THE TOWN OF VINTON TO THE ROANOKE COUNTY RESOURCE AUTHORITY, AND AUTHORIZING THE CREATION OF THE ROANOKE VALLEY RESOURCE AUTHORITY. MR. W. ROBERT HERBERT, CITY ~NAGER, AND MR. WILBURN C. DIBLING, JR., CITY ATTORNEY. ADOPTED RESOLU~ION NO. 30805-120291. (7-0) PUBLIC HEARING TO CONSIDER THE PROPOSED COMPREHENSIVE HOUSING AFFORDABILITY ST~TEGY (CHAS) FOR SUBMISSION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. MR. W. ROBERT HERBERT, CITY ~NAGER. ADOPTED RESOLUTION NO. 30806-120291. (7-0) THE CITY MANAGER WAS REQUES~ED~OREPORTTOCOUNCIL WI?HIN 90 DAYS AS TO MEETINGS WITH OTHER JURISDICTIONS IN THE ROANOKE V~T.T.Ry RELATIVE TO FORNULATION OF A REGIONALPLANFOR DEVELOPMENT OF A S?MAWEGY FOR AFFORDABLE HOUSING. 2. CONSENT AGENDA C-! C-2 C-3 C-4 (APPROVED 7-0) ~.T~T. MA~'~ERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOV1~D FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A COMMUNICATION FROM MAYOR NOEL C. TAYLOR REQUESTING AN EXECUTIVE SESSION TO DISCUSS VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL, PURSUANT TO SECTION 2.1-344 (A)(1), CODE OF VIRGINIA (1950), AS AMENDED. RECOMMENDED ACTION: CONCUR IN REQUEST FOR COUNCIL TO CONVENE IN EXECUTIVE SESSION TO DISCUSS VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL, PURSUANT TO SECTION 2.1-344 (A)(1), CODE OF VIRGINIA (1950), AS AMENDED. A COMMUNICATION FROM MAYOR NOEL C. TAYLOR REQUESTING AN EXECUTIVE SESSION TO DISCUSS A SPECIAL AWARD, BEING THE ANNUAL CITIZEN OF THE YEAR AWARD, PURSUANT TO SECTION 2.1-344 (A)(10), CODE OF VIRGINIA (1950), AS AMENDED. RECOMMENDED ACTION: CONCUR IN REQUEST FOR COUNCIL TO CONVENE IN EXECUTIVE SESSION TO DISCUSS A SPECIAL AWARD, BEING THE ANNUAL CITIZEN OF THE YEAR AWARD, PURSUANT TO SECTION 2.1-344 (A)(10), CODE OF VIRGINIA (1950), AS AMENDED. A COMMUNICATION FROM MR. RALEIGH CAMPBELL, EXECUTIVE DIRECTOR, COUNCIL OF COMMUNITY SERVICES, REQUESTING THAT THE PUBLIC HEARING TO CONSIDER THE ORGANIZATION'S REQUEST FOR REAL ESTATE TAX-EXEMPT STATUS ON PROPERTY LOCATED AT 502 CAMPBELL AVENUE, S. W., BE RESCHEDULED FROM DECEMBER 9 TO DECEMBER 16, 1991. RECOMMENDED ACTION: CONCUR IN REQUEST. A LIST OF ITEMS PENDING FROM JULY 10, 1978, THROUGH NOVEMBER 25, 1991. RECOMMENDED ACTION: RECEIVE AND FILE. 2 I~]~GUL/~/~AGENDA HE/n~t~ING OF CITIZENS UPON · ~/~TTERS: NONE- PETITIONS /~I~D CO~TJNICATIONS: 1~]~ PORT S OF OFFICERS A. CITY MANAGER: BRIEFINGS: 1. A REPORT WITH REGARD TO PROGRAM. RECEIVEDAND FILED. ITEMS RECOMMENDED FOR ACTION: PUBLIC B. CITY 1. THE DIVERSIFIED HOUSING A REPORT RECOMMENDING ACCEPTANCE OF A HAZARDOUS MATERIALS REGIONAL RESPONSE TEAM GRANT, IN THE AMOUNT OF $16,000.00, TO PROVIDE FOR THE PURCHASE OF SPECIALIZED EQUIPMENT FOR THE HAZARDOUS MATERIALS REGIONAL RESPONSE TEAM. ADOPTED BUDGET ORDINANCE NO. 30807-120291 AND RESOLUTION NO. 30808-120291. (7-0) ATTORNEY: A REPORT RELATING TO A PROPOSED BAN ON CIGARETTE ADVERTISING ON VALLEY METRO BUSES. RECEIVED AND FILED. NO.) (COUNCIL MEMBER BOMERS VOTED 6- I~J~PORTS OF COI~I~IITTEES: NONE- 7. UNFINISHED BUSINESS: NONE. 8- INTRODUCTION ~U CONSIDEI~TION OD IN/~I~CES /n~qD I~SOLUTIONS: A. OF A RESOLUTION DESIGNATING A VOTING DELEGATE FOR THE ANNUAL BUSINESS MEETING OF THE NATIONAL LEAGUE OF CITIES. ADOPTED RESOLUTION NO. 30809-120291. MEMEER B0~LES ABSTAINED FROM VOTING.) ( 6-0 ) COUNCIL 10. MOTIONS ;L~D M I S CELLi%I~EOU S ]~US IHESS -- A. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL. VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONSAND COMMITTEES APPOINTED BY COUNCIL. OTHER HEi%I~INGS OF CITIZENS: CERTIFICATION OF EXECUTIVE SESSION. (7-0) HONE - MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W., Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 December 4, 1991 SANDRA H. EAKIN Deputy City Clerk File #253-144 Ms. Carolyn S. Ross Clerk of Council Town of Vinton P. O. Box 338 Vinton, Virginia 24179 Dear Ms. Ross: I am enclosing copy of Resolution No. 30805-120291 authorizing articles of amendment to the Roanoke County Resource Authority, authorizing the joinder of the City of Roanoke and the Town of Vinton to the Roanoke County Resource Authority, and authorizing creation of the Roanoke Valley Resource Authority. Resolution No. 30805-120291 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 2, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V~rginia 24011 Telephone: (703)981-2541 December 4, 1991 SANDRA H. EAKIN Deputy City Clerk File #253-144 Ms. Mary H. Allen Clerk of the Board County of Roanoke P. O. Box 29800 Roanoke, Virginia 24018-0798 Dear Ms. Allen: I am enclosing copy of Resolution No. 30805-120291 authorizing articles of amendment. to the Roanoke County Resource Authority, authorizing the joinder of the City of- Roanoke and the Town of Vinton to the Roanoke County Resource Authority, and authorizing creation of the Roanoke Valley Resource Authority. Resolution No. 30805-120291 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 2, 1991. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 December 4, 1991 SANDRA H. EAI~N Deputy City Clerk File #253-144 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: held on Monday, December 2, 1991. I am attaching copy of Resolution No. 30805-120291 authorizing articles of amendment to the Roanoke County Resource Authority, authorizing the joinder of the City of Roanoke and the Town of Vinton to the Roanoke County Resource Authority, and authorizing creation of the Roanoke Valley Resource Authority. Resolution No. 30805-120291 was adopted by the Council of the City of Roanoke at a regular meeting MFP: sw Sincerely, Mary F. Parker, CMC/AAE City Clerk Eno. pc: Mr. Kit B. Kiser, Director, Utilities and Operations MARY F, PARF~R CiD' Clerk CITY ROANOKE OFFICE 0? E CITY CLERK 215 Churc~ , $.W., Room 456 Roar ginia 24011 Telephone: ,i.?03)981-2541 December 4, 1991 SANDRA H. Deputy City Clerk File #253-144 Mr. Job. il. Parrott, Chairman Roanoke Valley Regional Solid Waste Management Board 714 Wildwood Road, S. W. Roanoke, Virginia 24014 Dear ~' ~rrott: I am e~,. ,)py of Resolution No. 30805-120291 authorizing articles of amendment to the RoanoKe County Resource Authority, authorizing the joinder of the City of Roanoke and the Town of Vinton to the Roanoke County Resource Authority, and authorizing creation of the Roanoke Valley Resource Authority. Resolution No. 30805-120291 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 2, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: Mr. Jeffrey A. Cromer, Manager, Roanoke Regional Landfill, RFD 6, Rutrough Road, S. E., Roanoke, Virginia 24014 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 1991. No. 30805-120291. A resolution authorizing articles of amendment to the Roanoke County Resource Authority, authorizing the Joinder of the City of Roanoke and the Town of Vinton to the Roanoke County Resource Authority, and authorizing the creation of the Roanoke Valley Resource Authority. WHEREAS, the Board of Supervisors of Roanoke County, Virginia, ("County"), the Council of the City of Roanoke, Virginia, ("City"), and the Council of the Town of Vinton, Virginia, ("Town") have determined that it is in their best interests to authorize the City of Roanoke and the Town of Vlnton'to become members of the existing Roanoke County Resource Authority, pursuant to the provisions of the Virginia Water and Sewer Authorities Act, Chapter 28, Title 15.1, Code of Virginia (1950), as amended, ("Act"); and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the City of Roanoke, Virginia, and the Council of the Town of Vinton, Virginia, do by concurrent resolutions provide for the Joinder of said political subdivisions to the Roanoke County Resource Authority pursuant to S15.1-1248 of the Act; and WHEREAS, public hearings have been held in accordance with the requirements of S~15.1-1243, 15.1-1248, and 15.1-1250.01 of the Act; and WHEREAS, the Roanoke County Resource Authority has, by resolution, expressed its consent to the Joining of these other political subdivisions to become members of the existing Authority. NOW, THEREFORE, BE IT RESOLVED as follows= 1. The Joinder of the City and the Town as members to the Roanoke County Resource Authority is hereby approved, and the Articles of Amendment of the Roanoke County Resource Authority specifies the number and term of office of members of the expanded Authority. 2. That the Articles of Amendment of the Roanoke County Resource Authority are as follows: ARTICLES OF AMENDMENT OF THE ROANOKE COUNTY RESOURCE AUTHORITY The Board of Supervisors of Roanoke County, the Town Council of the Town of Vlnton, and the Council of the City of Roanoke have by concurrent resolution adopted the following amendments to the Articles of Incorporation of the Roanoke County Resource Authority pursuant to the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia (1950), as amended) ("Act"): (1) The name of the Authority shall be the Roanoke Valley Resource Authority and the address of its principal office is 3738 Brambleton Avenue, Roanoke, Virginia 24018-0798. (2) The names of the incorporating political subdivisions are the County of Roanoke, Virginia; the City of Roanoke, Virginia; and the Town of Vlnton, Virginia. The County of Roanoke, the City of Roanoke, and the Town of Vinton, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these Articles of Incorporation shall not be further amended or changed without the express governing bodies of each of the subdivisions. agreement of each of the incorporating political Neither of the following actions shall be taken or permitted to occur by the Authority without the consent of the City of Roanoke and the County of Roanoke as expressed by the affirmative vote of all City and County representatives on the Authority: (a) Any change in the terms or conditions of design or operation of the Transfer Station located in the City of Roanoke as set forth In the Solid Waste Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the Roanoke City Planning Commission on June 5, 1991, and the Part A and Part B applications for the Transfer Station as approved by the Commonwealth of Virginia, or any expansion or modification thereof or use by any persons or entities other than City, County, or Town; (b) Any change in the terms and conditions of the design or operation of the Landfill located in Roanoke County as set forth in the special use permit and the Landfill Permit Conditions and Operating Policies, Action 62789-10 and Resolution 62789-12, each dated June 27, 1989, and the Part A and Part B applications for the Landfill as approved by the Commonwealth of Virginia. valuable Since the Landfill and Transfer Station are scarce and resources, and because the incorporating political subdivisions have a common interest in insuring that the Landfill is utilized in the best possible and most efficient manner, the incorporating political subdivisions agree that Authority membership and operation and use and operation of the Transfer Station and Landfill shall be governed by the terms and conditions of the Roanoke Valley Resource Authority Members Use Agreement ("Use Agreement") dated October 23, 1991. (3) The names, addresses, and terms of office of the members of the Board of the Roanoke Valley Resource Authority ("Authority") are as follows: Name Address Tenn Expires 1. Gardner W. Smith P.O. Box 29800 12/31/95 3738 Brambleton Ave. Roanoke, Virginia 24018 2. Diane D. Hyatt 3. John R. Hubbard P. O. Box 29800 3738 Brambleton Ave. Roanoke, Virginia 24018 P. O. Box 29800 3738 Brambleton Ave. Roanoke, Virginia 24018 12/31/94 12/31/93 4. Mikeiel T. Wimmer 3878 Harborwood Road 12/31/93 Salem, Virginia 24153 5. Joel M. Schlanger Room 461, Municipal Bldg. 12/31/95 215 Church Ave., S.W. Roanoke, Virginia 24011 Room 354, Municipal Bldg. 215 Church Ave., S.W. Roanoke, Virginia 24011 P. O. Box 338 311 S. Pollard Street Vinton, Virginia 24179 6. Kit B. Kiser 7. S. Brad Corcoran 12/31/94 12/31/95 The terms of office of each of the members shall become effective on the date of issuance of a certificate of Joinder for the Authority by the State Corporation Commission in accordance with the provisions of S15.1-1248 of the Act. The governing body of each participating political subdivision shall appoint the number of members, who may be members of the governing body, set forth opposite its name below~ County of Roanoke four City of Roanoke - two Town of Vinton - one It being the intention of these Articles that the governing body of the County of Roanoke shall always appoint a majority of the members, whenever an additional political subdivision shall join the Authority, such governing body shall be entitled to appoint one or more additional members tn order to maintain such majority. Initially, the governing body of the County of Roanoke shall appoint one member for a four-year term, one member for a three-year term, and two members for a two-year term. Initially, the governing body of the City of Roanoke shall appoint one member for a four-year term and one member for a three-year term. Initially, the governing body of the Town of Vinton shall appoint one member for a four-year term. After the initial terms, each member shall be appointed for a four-year term or until his successor is appointed and qualified. Any additional members appointed by the County of Roanoke to maintain its majority pursuant to the foregoing paragraph shall also be appointed for four-year terms. The governing body of each political subdivision shall be empowered to remove at any time, without cause, any member appointed by it and appoint a successor member to fill the unexpired portion of the removed member's term. Each member may be reimbursed by the Authority for the amount of actual expenses incurred by him in the performance of bls duties. (4) The purpose for which the Authority is to be formed is to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage and maintain a garbage and refuse collection and disposal system and related facilities pursuant to the Act. For purposes of these Articles, and any contracts or documents entered into on behalf of Authority, "garbage and refuse collection and disposal system and related facilities" .shall mean collection and disposal of garbage and refuse at and through a transfer facility owned and operated by the Authority and the associated landfill or disposal operations only. The Authority shall not be authorized to engage in or provide for individual residential or business collection activities or services. The Authority shall contract with the County of Roanoke, the City of Roanoke, and the Town of Vinton to furnish garbage and refuse collection and disposal services upon identical terms and conditions including the same schedule of service rates, fees and charges of all types which shall be uniformly applicable to both such political subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other political subdivisions to furnish garbage and trash disposal services upon such terms and conditions as the Authority shall determine. The Authority may contract to make host locality payments to Roanoke County and Roanoke City to compensate the County and City in consideration of location of facilities within their communities. It is not practicable to set forth herein information regarding preliminary estimates of capital costs, proposals for specific be undertaken, or initial rates for the proposed projects to projects. (5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town of Vlnton and, to the extent permitted by the Act and by the terms of these Articles and the Use Agreement, such other public or private entities as the Authority may terms and conditions established pursuant to Authority shall cause an annual audit of its to be made by the State Auditor of Public independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the incorporating political subdivisions. 3. A copy of the Roanoke Valley Resource Authority Members Use Agreement is available for inspection in the Office of the City Clerk, Room 456, Municipal Building, Office of the Clerk to the Board, Administration Center, and Office of the Town Manager, 311 Pollard Street. 4. (i) Privately-owned sanitary landfill services are not available in a reasonable and cost efficient manner, and (ii) determine upon the such contracts. (6) The books and records Accounts or by an Operation by the Roanoke Valley Resource Authority of a sanitary landfill and any related facilities or the contract for such operation in spite of any potential anti-competitive effect is important to provide for the development and/or operation of a regional system of garbage and refuse collection and disposal for the County of Roanoke, the City of Roanoke, and the Town of Vinton and such other governmental units or private entities as the Authority may determine. 5. That this resolution shall take effect immediately upon its adoption. ATTEST: City Clerk. MARY F. PARKER City Clerk CITY OF ROANOKF.. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vh'ginia 24011 Telephone: (703)981-2541 December 10, 1991 SANDRA H. EAKIN Deputy City Clerk Ms. Mary H. Allen Clerk, Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, Virginia 24018 Dear Ms. Allen: I am enclosing copy of the Affidavit of Publication and an invoice in the amount of $662.40, from the Times-World Corporation for publication of a Notice of Public Hearing by the City of Roanoke, the County of Roanoke and the Town of Vinton on a Resolution authorizing Articles of Amendment to the Roanoke County Resource Authority, authorizing the joinder of the City of Roanoke and the Town of Vinton to the Roanoke County Resource Authority, and authorizing the creation of the Roanoke Valley Resource Authority. Please forward the County of Roanoke's one-third payment for the advertisement, in the amount of $220.80, to the undersigned, made payable to the City of Roanoke. Your assistance in this matter will be sincerely appreciated. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: se Eno o pc: Mr. Paul M. Mahoney, Roanoke County Attorney, p. O. Box 29800, Roanoke, Virginia 24018 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 December 10, 1991 SANDRA H. Deputy City Clerk Mr. S. Brad Corcoran Town Manager P. O. Box 338 Vinton, Virginia 24179 Dear Mr. Corcoran: I am enclosing copy of the Affidavit of Publication and an invoice in the amount of $662.40, from the Times-World Corporation for publication of a Notice of Public Hearing by the City of Roanoke, the County of Roanoke and the Town of Vinton on a Resolution authorizing Articles of Amendment to the Roanoke County Resource Authority, authorizing the joinder of the City of Roanoke and the Town of Vinton to the Roanoke County Resource Authority, and authorizing the creation of the Roanoke Valley Resource Authority. Please forward the Town of Vinton's one-third payment for the advertisement, in the amount of $220.80, to the undersigned, made payable to the City of Roanoke. Your assistance in this matter will be sincerely appreciated. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: se EHe. MARY Y. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 December 4, 1991 SANDRA H. ~ Deputy City Clerk File #253-144 Ms. Carolyn S. Ross Clerk of Council Town of Vinton P. O. Box 338 Vinton, Virginia 24179 Dear Ms. Ross: I am enclosing copy of Resolution No. 30805-120291 authorizing articles of amendment to the Roanoke County Resource Authority, authorizing the joinder of the City of Roanoke and the Town of Vinton to the Roanoke County Resource Authority, and authorizing creation of the Roanoke Valley Resource Authority. Resolution No. 30805-120291 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 2, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. AD NUMb~ PUBLISHER'S 10251V375 CITY UF RUANOKm C/O MARY F PAKKL~ CITY CLLRKS OFFICe RUOM ffSo MUNICIPAL ~LoG R~ANOKE VA 2~Oll RECEIVED CITY CL~:]?!' s ~]FF!C~] '91 NOV -7 P_3:21 STATE OF VIRGINIA CiTY OF ROANC~L ~FFIDAVIT UF PUBLICATION I~ (TH~ UNDERSIGNEO) AN AUTHORIZEU REPRESENTATIVE CF THE TI~S-~ORLD COR- PORATION~ ~HiCH CORPQRATiUN IS PUBLISHER QF T~E ROANOKE TINES & .CRLD-NE~S~ A UAILY NEmSPAPEK PU~LISHEO IN RQ~NQ~E~ IN TH~ STAT: OF VIK~INIA~ UO CERTIFY THAT THE ANNEXED NQTiCE NAS PU~LISHEO IN SAIU NEWSPAPERS GN TH~ POLLQ~ING OATES NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of the Virginia Water and Sewer Authorities Act, sections 15.1-1239, et seq. of the Code of Virginia (1950), as amended, public hearings will be held by: (1) the City of Roanoke in the Council Chambers, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on Monday, December 2, 1991, at 2:00 p.m. or as soon thereafter as may be practicable; (2) the County of Roanoke in the Administration Center Community Room, 3738 Brambleton Avenue, Roanoke, Virginia, on Tuesday, December 3, 1991, at 3:00 p.m. or as soon thereafter as may be practicable; and (3) the Town of Vinton in the Council Chambers in the Town Municipal Building, 311 South Pollard Street, Vinton, Virginia, on Tuesday, December 3, 1991 at 7:00 p.m. or as soon thereafter as may be practicable, on the following resolution: RESOLUTION AUTHORIZING ARTICLES OF AMENDMENT TO THE ROANOKE COUNTY RESOURCE AUTHORITY, AUTHORIZING THE JOINDER OF THE CITY OF ROANOKE AND THE TOWN OF VINTON TO THE ROANOKE COUNTY RESOURCE AUTHORITY, AND AUTHORIZING THE CREATION OF THE ROANOKE VALLEY RESOURCE AUTHORITY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, ("County"), the Council of the City of Roanoke, Virginia, ("City"), and the Council of the Town of Vinton, Virginia, ("Town") have determined that it is in their best interests to authorize the City of Roanoke and the Town of Vinton to become members of the existing Roanoke County Resource Authority, pursuant to the provisions of the Virginia Water and Sewer Authorities Act, Chapter 28, Title 15.1, Code of Virginia (1950), as amended, ("Act"); and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the City of Roanoke, Virginia, and the Council of the Town of Vinton, Virginia, do by concurrent resolutions provide for the joinder of said political subdivisions to the Roanoke County Resource Authority pursuant to S15.1-1248 of the Act; and WHEREAS, public hearings have been held in accordance with the requirements of §~15.1-1243, 15.1-1248, and 15.1-1250.01 of the Act; and WHEREAS, the Roanoke County Resource Authority has, by resolution, expressed its consent to the joining of these other political subdivisions to become members of the existing Authority. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The joinder of the City and the Town as members to the Roanoke County Resource Authority is hereby approved, and the Articles of Amendment of the Roanoke County Resource Authority specifies the number and term of office of members of the expanded Authority. 2. That the Articles of Amendment of the Roanoke County Resource Authority are as follows: ARTICLES OF AMENDMENT OF THE ROANOKE COUNTY RESOURCE AUTHORITY The Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton, and the Council of the City of Roanoke have by concurrent resolution adopted the following amendments to the Articles of Incorporation of the Roanoke County Resource Authority pursuant to the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia (1950), as amended) ("Act"): (1) The name of the Authority shall be the Roanoke Valley Resource Authority and the address of its principal office is 3738 Brambleton Avenue, Roanoke, Virginia 24018-0798. (2) The names of the incorporating political subdivisions are the County of Roanoke, Virginia; the City of Roanoke, Virginia; and the Town of Vinton, Virginia. The County of Roanoke, the City of Roanoke, and the Town of Vinton, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these Articles of Incorporation shall not be further amended or changed without the express governing bodies of each of the subdivisions. Neither of the following actions shall be taken or agreement of each of the incorporating political permitted to occur by the Authority without the consent of the City of Roanoke and the County of Roanoke as expressed by the affirmative vote of all City and County representatives on the Authority: (a) Any change in the terms or conditions of design or operation of the Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21, 1991, as approved by the Roanoke City Planning Commission on June 5, 1991, and the Part A and Part B applications for the Transfer Station as approved by the Commonwealth of Virginia, or any expansion or modification thereof or use by any persons or entities other than City, County, or Town; (b) Any change in the terms and conditions of the design or operation of the Landfill located in Roanoke County as set forth in the special use permit and the Landfill Permit Conditions and Operating Policies, Action 62789-10 and Resolution 62789-12, each dated June 27, 1989, and the Part A and Part B applications for the Landfill as approved by the Commonwealth of Virginia. Since the Landfill and Transfer Station are scarce and valuable resources, and because the incorporating political subdivisions have a common interest in insuring that the Landfill is utilized in the best possible and most efficient manner, the incorporating political subdivisions agree that Authority membership and operation and use and operation of the Transfer Station and Landfill shall be governed by the terms and conditions of the Roanoke Valley Resource Authority Members Use Agreement ("Use Agreement") dated October 23, 1991. (3) The names, addresses, and terms of office of the members of the Board of the Roanoke Valley Resource Authority ("Authority") are as follows: Name Address Term Expires 1. Gardner W. Smith P.O. Box 29800 12/31/95 3738 Brambleton Ave. Roanoke, Virginia 24018 2. Diane D. Hyatt P.O. Box 29800 12/31/94 3738 Brambleton Ave. Roanoke, Virginia 24018 3. John R. Hubbard P. O. Box 29800 3738 Brambleton Ave. Roanoke, Virginia 24018 12/31/93 4. Mikeiel T. Wimmer 3878 Harborwood Road 12/31/93 Salem, Virginia 24153 5. Joel M. Schlanger Room 461, Municipal Bldg. 12/31/95 215 Church Ave., S.W. Roanoke, Virginia 24011 6. Kit B. Kiser Room 354, Municipal Bldg. 215 Church Ave., S.W. Roanoke, Virginia 24011 P. O. Box 338 311 S. Pollard Street Vinton, Virginia 24179 7. S. Brad Corcoran 12/31/94 12/31/95 The terms of office of each of the members shall become effective on the date of issuance of a certificate of joinder for the Authority by the State Corporation Commission in accordance with the provisions of S15.1-1248 of the Act. The governing body of each participating political subdivision shall appoint the number of members, who may be members of the governing body, set forth opposite its name below: County of Roanoke - four City of Roanoke - two Town of Vinton - one It being the intention of these Articles that the governing body of the County of Roanoke shall always appoint a majority of the members, whenever an additional political subdivision shall join the Authority, such governing body shall be entitled to appoint one or more additional members in order to maintain such majority. Initially, the governing body of the County of Roanoke shall appoint one member for a four-year term, one member for a three-year term, and two members for a two-year term. Initially, the governing body of the City of Roanoke shall appoint one member for a four-year term and one member for a three-year term. Initially, the governing body of the Town of Vinton shall appoint one member for a four-year term. After the initial terms, each member shall be appointed for a four-year term or until his successor is appointed and qualified. Any additional members appointed by the County of Roanoke to maintain its majority pursuant to the foregoing paragraph shall also be appointed for four-year terms. The governing body of each political subdivision shall be empowered to remove at any time, without cause, any member appointed by it and appoint a successor member to fill the unexpired portion of the removed member's term. Each member may be reimbursed by the Authority for the amount of actual expenses incurred by him in the performance of his duties. (4) The purpose for which the Authority is to be formed is to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage and maintain a garbage and refuse collection and disposal system and related facilities pursuant to the Act. For purposes of these Articles, and any contracts or documents entered into on behalf of Authority, "garbage and refuse collection and disposal system and related facilities" shall mean collection and disposal of garbage and refuse at and through a transfer facility owned and operated by the Authority and the associated landfill or disposal operations only. The Authority shall not be authorized to engage in or provide for individual residential or business collection activities or services. The Authority shall contract with the County of Roanoke, the City of Roanoke, and the Town of Vinton to furnish garbage and refuse collection and disposal services upon identical terms and conditions including the same schedule of service rates, fees and charges of all types which shall be uniformly applicable to both such political subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other political subdivisions to furnish garbage and trash disposal services upon such terms and conditions as the Authority shall determine. The Authority may contract to make host locality payments to Roanoke County and Roanoke City to compensate the County and City in consideration of location of facilities within their communities. It is not practicable to set forth herein information regarding preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates for the proposed projects. (5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town of Vinton and, to the extent permitted by the Act and by the terms of these Articles and the Use Agreement, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to such contracts. (6) The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the incorporating political subdivisions. 3. A copy of the Roanoke Valley Resource Authority Members Use Agreement is available for inspection in the Office of the City Clerk, Room 456, Municipal Building, Office of the Clerk to the Board, Administration Center, and Office of the Town Manager, 311 Pollard Street. 4. (i) Privately-owned sanitary landfill services are not available in a reasonable and cost efficient manner, and (ii) Operation by the Roanoke Valley Resource Authority of a sanitary landfill and any related facilities or the contract for such operation in spite of any potential anti-competitive effect is important to provide for the development and/or operation of a regional system of garbage and refuse collection and disposal for the County of Roanoke, the City of Roanoke, and the Town of Vinton and such other governmental units or private entities as the Authority may determine. 8 5. That this resolution shall take effect immediately upon its adoption. Mary Allen, Clerk to the Board Mary F. Parker, City Clerk Carolyn Ross, Town Clerk Note to Publisher: Please publish once in Monday, October 28, 1991 morning edition of the Roanoke Times and World News. Send bill to Office of the City Clerk, Room 456, Municipal Building, Roanoke, Virginia 24011. 9 MAi~ F, PARKER C~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Awnue. S.W.. Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 Decembez, 9, 1991 File #178-236-200 SANDItA H. EAKIN Deputy C~ty Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: A public hearing to consider the proposed Comprehensive Housing Affordability Strateg~ (CHAS) for submission to the U. S. Department of Housing and Urban Development was held by the Council of the City of Roanoke on Monday, December 2, 1991. On motion, duly seconded and unanimously adopted, you were requested to report to Council within 90 days with regard to discussions with other jurisdictions in the Roanoke Valley relative to formulation of a regional plan for development of a strategy for affordable housing. Sincerely/"~x ~ ~. ' ~d.~.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 December 4, 1991 SANDRA H. EAKIN Deputy CiW Clerk File //178-236-200 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30806-120291 approving and adopting a Comprehensive Housing Affordability Strategy, under date of December 2, 1991, for the City of Roanoke. Resolution No. 30806-120291 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 2, 1991. Sincerely, ~k~- Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Joel M. Schlanger, Director of Finance Mr. James D. Ritchie, Director, Human Resources Mr. William F. Clark, Director, Public Works Mr. John R. Marlles, Chief, Community Planning Mr. Ronald H. Miller, Manager, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. Brian J. Wishneff, Chief, Economic Development MAgY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 December 4, 1991 SANDRA H. EAI~N Deputy City Clerk File #178-236-200 Mr. Charles A. Price, Jr., Chairman Mr. John P. Bradshaw, Jr. Mr. Paul C. Buford, Jr. Mr. Willard N. Claytor Mr. John B. Ferguson Mr. Richard L. Jones Gentlemen: I am enclosing copy of Resolution No. 30806-120291 approving and adopting a~ Comprehensive Housing Affordability Strategy, under date of December 2, 1991, for the City of Roanoke. Resolution No. 30806-120291 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 2, 1991. On behalf of the Mayor and Members of Council, I would like to express appreciation to the City Planning Commission for your assistance in development, review and recommendation of the study. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of December, 1991. No. 30806-120291. VIRGINIA, A RESOLUTION approving and adopting a Comprehen~ive Affordability Strategy, dated December 2, 1991, for the Roanoke. Housing City of WHEREAS, the Cranston-Gonzalez National Affordable Housing Act of 1990 requires that entitlement com~unities, such as the City of Roanoke, develop a Comprehensive Housing Affordabllity Strategy ("CHAS") as a condition to receiving federal funding under certain community development and housing programs; WHEREAS, the CHAS was developed by the City Planning Commission which held a duly advertised public hearing with respect to such document on September 25, 1991, at which all citizens desiring to comment on the CHAS were afforded the opportunity to do so; WHEREAS, the draft CHAS was made available for a 60-day public review and comment period, as required by the United States Department of Housing and Urban Development regulations, from August 8, 1991, through October 7, 1991; and WHEREAS, the Planning Commission has recommended adoption of the CHAS to this Council, and Council has held public hearing on the CHAS and is adopting the CHAS; THEREFORE, BE IT RESOLVED by the Roanoke as follows: desirous a duly advertised of approving and Council of the City of 1. The Comprehensive Housing Affordabllity Strategy, dated December 2, 1991, recommended to this Council by the City Planning Commission, is hereby approved and adopted. 2. The City Manager Is directed to file the Comprehensive Housing Affordability Strategy with the United States Department of Housing and Urban Development. 3. Appreciation is expressed to the City Planning Commission for its assistance in the development, review and recommendation of the Comprehensive Housing Affordability Strategy. ATTEST: City Clerk. 27 Honorable Mayor and Members of Council Roanoke, Virginia A8:10 Roanoke, Virginia December 2, 1991 Dear Members of Council: SUBJECT: Proposed Comprehensive Housing Affordability Strategy (CHAS) I. Background: The Cranston-Gonzalez National Affordable Housing Act of 1990 requires that entitlement localities, like Roanoke, develop a Comprehensive Housing Affordability Strategy (CHAS), by October 31, 1991, in order to receive funding from several community development and housing programs. Because this is the first year for this new requirement, HUD is giving some flexibility with this deadline. These federal programs include: the Community Development Block Grant (CDBG) program, Section 108 loan program, housing assistance under the Stewart B. McKinney Homeless Assistance Act, Supportive Housing for the Elderly and the new HOME and HOPE programs. CHAS is to be a five-year plan for housing that will be affordable to low to moderate-income persons and special needs populations in the city. It includes: An estimate of local housing assistance needs of low- moderate income families, homeless persons and other special needs population groups; 2. An assessment of resources available for addressing identified needs; 3. The local strategy and specific annual goals for meeting the identified needs. City Council was briefed on this requirement by letter, dated April 1, 1991, and received a formal briefing on the development of the CHAS during the November 25, 1991 Council meeting. The Planning Commission was requested to serve as the coordinating body for preparation of the CHAS, with its Community Development Committee assuming direct responsibility. (Staff support for this effort has been provided by the Office of Grants Compliance, City Planning Department and Housing Development Office.) Draft version of the CHAS was developed using information and comments gathered from the community through public meetings, surveys and other data collection methods. The draft was made available for a 60-day public review and comment period as required by U.S. Department of Housing and Urban Development (HUD) regulations. (The review period began on August 8, 1991 and ended October 7, 1991). A public hearin~ before the Plannin~ Commission was held on September 25, 1991 to receive public comments on the CHAS. (Citizen comments in response to the draft have been reviewed and incorporated into the document wherever appropriate). II. Current Situation: Plannin~ Commission voted to recommend approval of the CHAS to City Council at the Commission's reqularly scheduled meeting on November 6, 1991. B. City Council was briefed at the November 25, 1991, meeting. A public hearing is scheduled for December 2, 1991. Basic findin~ of the CHAS is that there is an adequate supply of affordable housing for the majority of city residents, with some exceptions among segments of the population who require rent subsidies. The CHAS recommends improvement and rehabilitation of existing substandard housing units, rather than new construction. D. Specific priorities recommended by the CHAS are: Coordination of public and private resources for the provision of supportive services in conjunction with housing assistance; Provision of new homeownership opportunities and assistance to current homeowners for maintenance; 3. Improvement and maintenance of affordable rental units; Elimination of public policies that limit housing choice, perpetuate substandard housing, or unnecessarily increase the cost of housing; Provision of ~ood quality shelter and support services for special needs populations, including the homeless, elderly and the disabled; 6. Establish and maintain homeless prevention pro~rams. III. Issues: A. Benefit to the City B. Compliance with applicable C. Timing D. regulations Impact on the City's Housing Objectives IV. Alternatives: Approve the resolution adopting the Comprehensive Housing Affordability Strategy (CHAS) dated December 2, 1991, as recommended by the Roanoke City Planning Commission. Benefit to the City will be continued eligibility to receive: CDBG funds, make application for Section 108 loans, and the ability to participate in the new federally funded housing programs: HOME and HOPE. (Projects supported by these funds range from economic development activities such as Hotel Roanoke and the Downtown East Parking Garage, to a variety of housing and neighborhood improvement efforts, to the Roanoke Neighborhood Partnership). Compliance with applicable regulations is assured through the submission of a CHAS which has been adopted by the local governing body, as required by HUD regulations. Timing is important because, while HUD is being lenient on the submission deadline, Roanoke is not eligible to participate in federally funded community development or housing programs until the City has an approved CHAS. Impact on the City's Housing Objectives is positive through the recommendation for rehabilitation of substandard housing units, since the maintenance of such housing stock contributes to a healthy balance of housing types and costs within the city. Do not approve the resolution adopting the Comprehensive Housing Affordability (CHAS). Benefit to the City would be lost, with the loss of approximately $1.5 million in CDBG funds, annually, $756,000 from the HOME program, and the resulting $7 million in leveraged monies which are generated by these federally supported activities. This would mean that programs and activities currently funded with such monies would have to obtain funding from other sources or be eliminated. In addition, the City would be ineligible to apply for or receive Section 108 loans, or monies under the new HOPE program. Compliance with applicable regulations would not be realized without an approved CHAS. Timing would not be an issue. Impact on the City's Housing Objectives would be negative, since potential sources of funding for achieving these objectives would be unavailable. We Recommendation: It is recommended that City Council concur in Alternative A and approve the resolution adopting the Comprehensive Housing Affordability Strategy (CHAS) dated December 2, 1991. Respectfully submitted, W. Robert Herbert City Manager WRH:VLP:HDP CC: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Resources Chief of Economic Development Chief of Community Planning Building Commissioner Grants Monitoring Administrator Housing Development Coordinator Executive Director, RRHA NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY COUNCIL The Roanoke City Council will hold a public hearing on Monday, December 2, 1991 at 2:00 p.m., or as soon thereafter as the matter may be heard, in City Council Chambers, Fourth Floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the proposed Comprehensive Housing Affordability Strategy (CHAS) for submission to the U. S. Department of Housing and Urban Development. All citizens and other persons may appear at such hearing and be heard with respect to the proposed CHAS. The CHAS describes local housing conditions and sets quantitative goals for providing housing to low and moderate income residents, including the homeless. The five-year CHAS will be in effect from October 1, 1991 through September 30, 1996. As part of the submission to HUD, the City will include an annual strategy for the period of October 1, 1991 through September 30, 1992. Additional information may be obtained from the City's Housing Development Coordinator, Room 170, (703) 981-2222, or the City's Office of Grants Compliance, Room 362, (703) 981-2141, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. A copy of the draft CHAS is on file for review by interested persons in the Office of the City Clerk, Room 456 Municipal Building, Roanoke, Virginia. If you are a person with a disability who needs accommodations to fully participate in this public hearing, contact the Office of Grants Compliance at 981-2141 or 981-1580 (TDD). Given under my hand this 18th day of November, 1991. Mary F. Parker City Clerk Roanoke, Virginia '9~ ~¥26 P4:27 December 2, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Council Members: Subject: Diversified Housing Program Please reserve space on Monday's Council agenda for the above referenced item. Respectfully submitted, W. Robert Herbert City Manager WRH/kkd II. D~'VERS?F[ED HOUS'rN~ Ouidinq Philosophies - Approach to Developing a Plan A. Promote diversified housinq effort. Have a continuous, onqoinq organizational effort and strategy, not a one-time plan. Make our proqrams and policies market tested - everything we do we will get consultation, reaction and input from a variety of real estate and housing professionals in the Valley. There will be no substitution for location. The diversified housing program will be market and location driven. D. Dual strategy. Reinvestment - Cause the reinvestment in existing housing and infill in existing city neighborhoods. This will be done through a variety of methods outlined below, including: zoning, quality school, continued capital investments in our neighborhoods, etc. Larqe Project Orientation - we will have an equal strategy which deals with trying to facilitate and make deals on larger, undeveloped, underutilized tracts of land for new construction. That orientation would be towards dealing with the single housing developer as opposed to the single individual wanting to build a house here or there. Proces~ A. Environmental scan (examples) 1. Review city's past history. a) b) c) Number of households (1980 vs. 1990) (charts) Building permit values since 1980. (charts) Appreciation of values in City neighborhoods. Based on sales of homes over the last five years, 13 neighborhoods in the City ranging from Ridgewood Park to Thrasher to Jefferson Hills to Raleigh Court have had annual appreciation in values of 5% or more. That's as good as or better than the valley-wide rate. The City remains a great investment for a home. 2. Current housing market conditions. (describe) 3. Lending environment. (describe) Ce 4. Population growth. (charts) Attitudes of surrounding jurisdictions to change their perceived imbalance of too much residential versus commercial. (example) 6. Window of opportunity. (describe) Evaluate strengths and weaknesses. 1. Assess strengths (examples) a) b) c) d) e) School rehabilitations. (over $15 million has been spent or is under way) Drainage projects, such as Williamson Road. (almost $16 million) Neighborhood Parks - through our Today and Tomorrow program $2,500,000 during the last 5 years. In general, the City has good capacity in its infrastructure (schools, water, sewer, roads, etc.) as compared to its surrounding jurisdictions. Competitive cost of the City versus surrounding jurisdictions. (chart) 2. Assess weaknesses (examples) a) b) Perceived lack of land/lots. Perception of central city problems. Identify future opportunities (market tested, market analysis) 1. Demographics (examples) a) Income. b) Age. c) Desires. 2. Niche opportunities a) b) c) Housing developers. Real estate professionals. Financial institutions. Review and visit successful central city housing programs around the country, i.e. Norfolk and St. Paul, MN. Market the city as a place to buy or build a home. 1. Educate real estate professionals on opportunities in the City. 2. Educate general public on opportunities and advantages. Create sufficient and proper educational and promotional materials and campaigns. F. Review planning and development processes. Review process work internally to reduce our review process and make it as simple and user friendly as possible. Subdivision ordinances - the staff has been working on major changes to our subdivision ordinances. We expect to share those with the real estate and housing development community shortly. Once we get their input and make the necessary changes we will bring those recommendations on to the Planning Commission and City Council. Zoning review current zoning regulations affecting housing. This review will not only look at encouraging housing development but at whether our current zoning laws or designations have helped push an imbalance between rental and owner occupied housing. Continue to develop neighborhood plans to strengthen existing neighborhoods, i.e. South Roanoke Neighborhood Plan. (down-zoned some property in South Roanoke thus increasing stability of owner occupied homes. Neighborhood by neighborhood plans - best - one plan won't fit each neighborhood.) Communicate the desire of the City for diversified housing clearly to the various City Council appointed Boards (Planning Commission, Board of Zoning Appeals, Architectural Review Board, and Roanoke Redevelopment and Housing Authority). We cannot work at cross purposes. Organization considerations - review current organizations that might have some role in market rate housing to see if they are sufficient as well as review whether new ones are needed. For example: Is there a greater role for RRHA in the creation of redevelopment plans and/or land assembly. 2. Look at the various community development corporations (CDC) to evaluate a role they might play. 3. What needs to be done internally within the City to give this topic its proper focus? Land and incentives. Review potential impediments to development of housing, i.e. current agricultural use, tax overlay. Review our current City-sponsored financial incentives to see if there needs to be more orientation towards home ownership. Develop a five year capital improvement plan (CIP) for housing development similar to what has been done in economic development. a) Give an example of what has been done economic development and its relative success. - most projects we've done in last 8 years first appeared here (RCIT) example. b) Process to be followed in developing plan. review major vacant parcels that have potential for large housing development. analyze underutilized properties. prioritize identified properties · availability · marketability · cost benefit c) Implement a strategy to affect development of those parcels. through the City or related agency who might gain ownership or control. influence their development by creating incentives to land owners and/or developers through incentives such as infrastructure improvements or zoning. All you have to do is drive through some of our city neighborhoods and see the gymnastics that some are going through to put houses where you didn't think a house could be built. If we can get lots built, people will come. Initial process - we will report back to Council on our progress in six months or by the first of July; some of this work I describe will be brought to you in incremental parts during the six month period. HOUSEHOLDS/HOUSING UNITS/POPULATION-ROANOKE CITY 1980 VS 1990 YEAR NUMBER OF HOUSEHOLDS NUMBER OF HOUSING UNITS POPULATION 1980 40,023 42,672 100,220 1990 41,030 44,384 96,397 PERCENT CHANGE 2.5% 4.0% -3.8% Bureau of the Census HOUSEHOLDS/HOUSING UNITS/POPULATION-ROANOKE MSA 1980 VS 1 990 YEAR NUMBER OF HOUSEHOLDS NUMBER OF HOUSING UNITS POPULATION 1980 81,878 86,916 220,393 1990 89,694 95,467 224,477 PERCENT CHANGE 9.5% 9.8% 1.9% Bureau of the Census ROANOKE CITY RESIDENTIAL CONSTRUCTION NUMBER OF BUILDING PERMITS 1,600 1,400 1,200 1,000 800 6O0 400 200 0 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 Roanoke City Building Department ROANOKE CITY RESIDENTIAL CONSTRUCTION VALUE OF BUILDING PERMITS Millions 25 20 10 5 0 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 Roanoke City Building Department ROANOKE CITY ONE & TWO FAMILY DWELLINGS NUMBER OF BUILDING PERMITS 200 1 00 50 0 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 Roanoke City Building Department ROANOKE CITY ONE & TWO FAMILY DWELLINGS NUMBER OF UNITS 200 1 5O 100 50 0 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 Roanoke City Building Department ROANOKE CITY ONE & TWO FAMILY DWELLINGS VALUE OF BUILDING PERMITS 10 8 6 4 2 0 Millions 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 Roanoke City Building Department WATER RATES FIVE YEAR ANALYSIS JURISDICTIONS IN THE MSA Current 7/1/92 7/1/93 7/1/94 7/1/95 Monthly Rates Roanoke City Roanoke County Salem City Botetourt County 4.64 5.17 6.03 6.03 6.03 16.46 18.11 19.90 21.90 24.11 6,75 6.75 6.75 6,75 6.75 18.50 18.50 18.50 18.50 18.50 Annual Rate Roanoke City Roanoke County Salem City Botetourt County 53.52 62.04 72.36 72.36 72.36 197.52 217.32 238.80 262.80 289.32 81.00 81.00 81.00 81.00 81.00 222.00 222.00 222.00 222.00 222.00 % Higher than Roanoke City Roanoke County Salem City Botetourt County 369% 350% 330% 363% 400% 151% 131% 112% 112% 112% 315% 258% 207% 207% 207% 1991 Virginia Water & Sewer Rate Report TAX RATES - 1990 Effective Rates FEE ROANOKE CITY ROANOKE COUNTY SALEM CITY BOTETOURT COUNTY Real Estate Tax Personal Property Tax $1.10/$100 $3.45/$1 O0 $1.01/$100 $3.50/$100 $.99/$1 O0 $3.20/$1 O0 $.64/$100 $1.80/$100 Center for Public Service ROANOKE CITY VS ROANOKE COUNTY ANNUAL COSTS EXPENSE ROANOKE CITY ROANOKE COUNTY Real Estate Tax (Effective Rate) ($100,000 home) $1,100.00 $1,010.00 Personal Property Tax ('91 Ford Explorer) $460.00 $493.00 ('89 Honda Accord LXI) $310.50 $325.00 Water Bill $53.52 $197.52 TOTAL $1,924.02 $2,025.52 Assumes other costs are equal ROANOKE CITY VS ROANOKE COUNTY ANNUAL COSTS EXPENSE ROANOKE CITY ROANOKE COUNTY Real Estate Tax (Nominal Rate) ($100,000 home) $1,25O.OO $1,130.00 Personal Property Tax ('91 Ford Explorer) ('89 Honda Accord LXl) Water Bill $460.00 $310.50 $53.52 $493.00 $325.00 $1 97.52 TOTAL $2,074.02 $2,1 45.52 Assumes other costs are equal NOEL C. TAYLOR Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011 Telephone: (703)981-2444 December 2, 1991 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A) (1), Code of Virginia (1950), as amended. NCT:se Sincerely, Noel C.~aylo Mayor NOEL C. TAYLOR Mayor CITY OF ROANOKE~ OFFICE OF THE MAYOR 215 Church Avenue, $.W., Room 452 Roanoke, Virginia 24011 Telephone: (703)981-2444 December 2, 1991 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss a special award, being the Annual Citizen of the Year Award, pursuant to Section 2.1-344 (A) (10), Code of Virginia (1950), as amended. NCT:se Sincerely, Taylor '91 t40~/26 P4:45 COUNCIL OF COMMUNITY SERVICES P. O. Box 598 · Roanoke, VA 24004 (703) 985-0131 PRES~ENT: C. Start Cross, Jr. VICE PRESI3ENTS: Howard Packett Cheri Hartman, Ph.D. Richard D. Lucas BOARD OF DIRECTORS: Briggs Andrews Carolyn Bass James P. Beatbj Roger Baumgardner Mary Ellen Cameal R. D. Carson, Jr. Michael W. Coffman David C. Douglas Broaddus Fitzpatick Jan B. Garrett Shelby Hamlett Ecba Henning Calvin Johnson Samuel L. Lionbergar, Jr. Katherine McCain Donna Proctor Larry T. Rasche Madlyn A. Rigby Wayne Slusher Vanetta Stockton Michael M. Waldvogel EXECUTIVE DIRECTOR: Ralei~ Campbell November 26, 1991 City of Roanoke 215 Church Ave., SW Roanoke, VA 24011 Attn.: Mary Parker City Clerk Dear Ms. Parker: We are asking that the public hearing to consider our request for tax exemption for our newly acquired building (502 Campbell Avenue) be re-scheduled from December 9th to December 16th. It would appear that this additional week would be useful in providing the information required by the City of Roanoke. Sincerely, Raleigh Campbell Executive Director /at A LlflJ~d Wily Pel~lef' Pending Items from July 10, Referral Date Referred To 7/10/78 City Manager 1978, 7/9/90 City Manager Director of Finance 8/27/90 City Manager 2/4/91 City Manager 2/11/91 Architectural Review Board 3/4/91 City Manager School Administration through November 25, 1991. Item Recommendation No. 11 contained in the Mayor's 1978 State of the City Message. (Development of a hotel on Mill Mountain.) Matter with regard to the Pay Plan for Roanoke employees. City Request to investigate the feasibility of instituting a "Adopt-A-Program," an arrangement whereby businesses could fund a specific City program for a certain period of time. Matter with regard to placement of banners and flags in the downtown area of the City, as well as tourism signs for downtown Roanoke. Request to review Section 36.1-345(b) of the City Code and after conducting a public hearing on the matter, to submit a report and recommendation to Council with regard to clarification of the language contained therein. Request to submit a joint report to Council and the School Board relative to the three schools proposed to be renovated after Forest Park Elementary School renovations have been completed to determine if there remains a need to renovate said facilities as elementary schools. (Note: See City Pending Items Referral Date 3/4/91(continued) 4/8/91 5/13/91 5/13/91 5/13/91 5/28/91 from July 10, 1978, Referred To City Manager City Manager 1992-93 Budget Study City Manager City Attorney City Manager through November 25, 1991. Item Manager's communication under date of March 22, 1991, suggesting that the study process on the matter begin in July, 1991; and City Manager's communication to Dr. Tota under date of August 26, 1991, requesting a response to certain questions by September 16, 1991.) Matter with regard to rental fees proposed to be charged by the Department of Parks and Recreation for use of City recreation facilities. Request to confer with the City's Pay Plan consultant with regard to salaries for certain positions which appear to be out of line with comparable positions in the Pay Plan. Request to investigate the feasibility of retaining a consultant to review areas of joint cooperation where the City and the school system could combine activities in an effort to save money. Request to obtain information with regard to a Sales Tax Rebate Program. (See City Attorney's communication under date of May 17, 1991, to the Honorable David A. Bowers.) A communication from Council Member David A. Bowers requesting consideration of a proposal to allow a real estate property tax rebate for developers or homeowners who build single family residences on inner-city vacant lots. 2 Pending Items from July 10, Referral Date Referred To 6/17/91 City Attorney 8/12/91 City Manager 8/12/91 City Manager 8/12/91 City Manager 1978, through November 25, 1991. Item A communication from Mr. Edward $. Grandis, Attorney, representing Mr. John P. Cone, Jr., advising of his client's appeal to the Circuit Court of the City of Roanoke, in connection with Council ' s denial of a petition to appeal a decision of the Architectural Review Board regarding an application for a Certificate of Appropriateness for property located at 526 Mountain Avenue, S. W. Mayor's 1991 State of the City Recommendation No. 1 that the City of Roanoke make an all-out effort and call upon its citizens to volunteer with reading programs to assist those persons who are unable to read. Mayor's 1991 State of the City Recommendation No. 2 that the City continue to emphasize the establishment of Jobs for its citizens, and to assure that education and training programs are in place that will prepare all citizens for meaningful work within their capabilities. Mayor's 1991 State of the City Recommendation No. 3 to establish a committee to report back to Council before the end of the year as to whether the Roanoke area has adequate facilities and support to compete in an even greater way in the area of attracting amateur sporting events to the Roanoke Valley. Pending Items from July 10, 1978, Referral Date Referred To 8/12/91 City Manager Director of Finance 8/12/91 City Manager 8/12/91 City Manager City Planning Commission 8/12/91 City Manager City Attorney 9/23/91 1992-93 Budget Study through November 25, 1991. Item Mayor's 1991 State of the City Recommendation No. 4 that the necessary steps be taken to reduce the real estate tax rate from $1.25 per $100.00 of assessed value to $1.20 per $100.00 of assessed value during the next five years. Mayor's 1991 State of the City Recommendation No. 5 to provide employees of Roanoke City Government and the Roanoke City School System with a salary increase during fiscal year 1992-93. Request of the Wright- Creston-Rosewood Association that Creston Avenue and Rosewood Avenue, S. W., rights- of-way be barricaded by way of traversable barricades across Creston Avenue at the intersection of Strother Road and Creston Avenue, and across Rosewood Avenue southeast of its intersection with Sweetbriar Avenue. Remarks of Mr. Ted H. Key, Director of the Northwest Revitalization Corporation, with regard to consideration of a measure prohibiting the owners of motels or other living facilities from renting rooms to the general public when other portions of the same facility are being used by prisoners on work release, parole or half-way house. Matter regarding holiday seasonal outlining of City- owned buildings. Pending Items from July 10, 1978, through November 25, 1991. Referral Date Referred To Item 10/21/91 City Manager Legislative Committee Matter with regard to a new beverage container deposit bill which will be submitted to the General Assembly by Senator Joseph Gartlan in January 1992. 10/28/91 11/11/91 11/11/91 11/11/91 11/18/91 City Manager William White, Sr., Ch. William F. Clark Kit B. Kiser William White, Sr., Ch. William F. Clark George C. Snead, Jr. City Manager William White, Sr., Ch. George C. Snead, Jr. William F. Clark Request to report to Council with regard to the impact on the City of Roanoke as a result of the continuing downturn of the economy as it relates to the expenditure side of the City of Roanoke Budget. Bids for the Luck Avenue By- Pass Storm Drain Project. Bids for asbestos abatement, floor tile and mastic, at the National Guard Armory, 32 Reserve Avenue, S. W. Request of the Council of Community Services for real estate tax-exempt status on property located at 502 Campbell Avenue, S. W. Request to develop a proposed policy statement for handling future requests for real estate tax-exempt status. Bids for floor tile replacement in the Assembly Hall and kitchen of the National Guard Armory, 32 Reserve Avenue, S.W. 5 MARY F. pARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virg4.nia 24011 Telephone: (703)981-2541 December 4, 1991 S.a._N'DRA H. F-AKIN Deputy City Clerk File #70-188-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30808-120291 authorizing acceptance of a grant made to the City of Roanoke by the Virginia Department of Emergency Services for purchase of equipment to be used by the Hazardous Materials Regional Response. Team, and authorizing acceptance, execution and filing of all appropriate documents - to obtain said grant. Resolution No. 30808-120291 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 2, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw EDCo pc: Mr. Joel M. Schlanger, Director.of Finance Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. Rawleigh W. Quarles, Fire Chief Mr. Winston V. Simmons, Acting Deputy Chief of Training and Safety Ms. Wanda B. Reed, Manager, Emergency Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 1991. No. 30808-120291. A RESOLUTION authorizing the acceptance of a grant made tO the City of Roanoke by the Virginia Department of Emergency Services for the purchase of equipment for the Hazardous Materials Regional Response Team and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Hazardous Materials Response Team grant in the total amount of $16,000 from the Virginia Department of Emergency Services for the purchase of specialized equipment for such Team. 2. W. Robert Herbert, City Manager, or his successor in office is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the aforegoing grant or with such project. ATTEST: City Clerk. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Yqrginia 24011 Telephone: (703)981-2541 December 4, 1991 SANDRA H. EAKIN Deputy City Clerk File #60-70-188-236 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30807-120291 amending and reordaining certain sections of the 1991-92 Grant Fund Appropriations, appropriating $16,000.00 to. Other Equipment - Hazardous Materials Response Team, to provide funds for the purchase of specialized equipment for the Hazardous Materials Regional Response Team. Ordinance No. 30807-120291 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 2, 1991. Sincerely, ~/~0..~__ Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. Rawleigh W. Quarles, Fire Chief Mr. Winston V. Simmons, Acting Deputy Chief of Training and Safety Ms. Wanda B. Reed, Manager, Emergency Services IN THE COUNCIL OF THE CITY OF ROANOKE; VIRGINIA The 2nd day o[ December, 1991. No. 3080?-120291. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AporoDri&tions Public Safety Hazardous Materials Response Team (1) ............ $1,090,660 121,665 Revenue Public Safety Hazardous Materials Response Team (2) ............ 1) Other Equipment (035-050-3220-9015) $ 16,000 2) State Revenue (035-035-1234-7067) 16,000 $1,090,660 121,665 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk. '91 26 Roanoke, Virginia December 2, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke City Fire Department Hazardous Materials Regional Response Team Grant I. BACKGROUND June 10, 1991t the Roanoke City Fire Department submitted a report to City Council recommending that the City enter into an agreement with the Virginia Department of Emergency Services for the City to provide, along with the City of Salem, a Level III Regional Response Team. City Council concurred with recommendation and authorized City Manager to enter an agreement to participate in a Level III Regional Response Team. July 1, 1991, the City Manager and the State Coordinator of Emergency Services entered into this agreement which is effective until June 30, 1992 unless terminated upon thirty (30) days notice by either party. According to the executed agreement, the City of Roanoke, as well as all localities who participate in a regional response team will receive "pass-through funding" to assist with the purchase of equipment to be used by the Regional Hazardous Materials Response Team. Pass-through funding totalling $16,000 has been received by the City of Roanoke as of this report and deposited in Revenue Account 035-035-1234-7067. II. CURRENT SITUATION The City of Roanoke and the City of Salem will coordinate purchase of equipment for the Hazardous Materials Regional Response Team in III · IV. order to avoid duplication of expensive equipment and allow for compatibility of equipment purchased. ISSUES A. Funding B. Equipment C. Public Safety ALTERNATIVES City Council accept the Hazardous Materials Regional Response Team Grant in the amount of $16,000.00 for the purpose of providing funds for purchase of specialized equipment for the Hazardous Materials Regional Response Team. Funding in the amount of $16,000 will be utilized to maintain a Level III Hazardous Materials Response Team in the City of Roanoke and participate in the Regional Response Team. Equipment - Necessary specialized equipment needed by the Hazardous Materials Team will be purchased. Public Safety - Level III Regional Response Team improves public safety and concept could not be implemented without State funds. City Council not accept the Hazardous Materials Regional Response Team Grant in the amount of $16,0000 to purchase specialized equipment for the Hazardous Materials Regional Response Team. Funding in the amount of $16,000 will be returned to the Treasurer, State Department of Emergency Services and request that future funding not be sent. Equipment - Necessary equipment will not be purchased for response to Level III hazardous materials incidents. 3. Public Safe_~ would not be improved. RECOMMENDATION A. City Council approve ,,Alternative A" and accept the Hazardous Materials RegiJnal Response Team Grant in the amount of $16,000~ B. City Council appropriate $16,000 to Other Equipment under the Hazardous M~terials Response Team grant in the Grant Fund (Account Number 035-050-3220-9015)- Respectfully submitted, W. Robert Herbert City Manager :t CC: Director of Finance City Attorney Director Administration and Public Safety Fire Chief Acting Deputy Chief Training & Safety MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virgin/a 24011 Telephone: (703)981-2541 December 4, 1991 SANDRA H. EAKIN Deputy City Clerk File #55-137 Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: Your report with regard to a proposed ban on cigarette advertising on Valley Metro buses, was before the Council of the City of Roanoke at a regular meeting held on Monday, December 2, 1991. On motion, duly seconded and adopted, the report was received and filed. Sincerely, ~_~,_.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Mr. William Tanger, 1302 Second Street, S. W., Roanoke, Virginia 24016 Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Stephen A. Mancuso, General Manager, Valley Metro IMAGE ADVERTISING December 2, 7991 TO: City CouncJl FROM: Bill Tanger RE: Cigarette Advertising Since the city attorney has determined that the Dillon Rule would prohibit City Council from passing an ordinance that would con- trol tobacco advertising on buses, would City Council therefore support the following: A request to state legislators from the city to submit a charter amendment that would allow the city to decide whether or not it could restrict tobacco advertising on city buses. CITY OF ROANOKE OFFICE OF ~ CITYATTORNEY 464 MUNICIPAL BUILDING ROANOK~ VIRGINIA 24011-1595 WILBURN C. DiBLING, JR. CrrY A~TORNEY November 26, 1991 WILLIAM X PARSONS MARK ALI. AN WILLIAMS STEVEN J. TALEVI KATHLEEN MARE KRONAU The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Re: Request to Ban Cigarette Advertisinq on Valley Metro Buses Dear M~s. Bowles and Gentlemen: You have requested this Office to review the legality of a request that the City ban cigarette advertising on Valley Metro buses. It is my understanding that the proposed ban would apply to exterior as well as interior advertising. I am pleased to provide this opinion in response to your request. QUESTION PRESENTED Is a proposed ban on cigarette advertising on Valley Metro buses legally permissible? ANSWER No; such a ban would be subject to challenge on the basis that the City lacks authority under the Dillon Rule. In addition, such a ban may be subject to challenge as a violation of the First Amendment to the United States Constitution. DISCUSSION OF LAW I. AUTHORITY TO ENACT BAN The rule is well established in Virginia that a municipal corporation has only those powers which are expressly granted, those that are necessarily implied from such expressly granted powers, and those that are essential and indispensable. See Tabler v. Board of Supervisors of Fairfax County, 221 Va. 200, 202 (1980). Under the well known "Dillon Rule", unless the power is expressly granted or implied in the City Charter or the Virginia Code, the The Honorable Mayor and Members of Roanoke City Council November 26, 1991 Page 2 City does not have the authority to establish such an advertising ban. The Roanoke City Charter and Virginia statutes contain no express authority for a ban on cigarette advertising. II. CONSTITUTIONAL ISSUES In addition, such a ban would raise significant constitutional issues. The United States Supreme Court has established different standards of review for what is designated as commercial speech as opposed to political speech. Action banning purely commercial speech is judged against a less stringent standard than if such action encroaches on purely political speech. Central Hudson Gas Electric Corporation v. Public Service Co~ission, 447 U.S. 557, 562-63 (1980). Therefore, a threshold constitutional issue presented in determining the validity of any ban would be a determination of whether the particular cigarette advertisement is of a "political" or "commercial" nature. Although the United States Supreme Court has indicated that there is a "common sense distinction" between the most distinct examples of the two, distinguishing between commercial and political speech is not always clear-cut. Id. Merely because a message appears as a paid advertisement does not automatically mean it is commercial speech for First Amendment purposes. There can be an inherent overlap of commercial, social, and political messages in "public relations type advertisements by commercial, for-profit entities. See Penthouse International v. Koch, 599 F.Supp. 1338, 1345 (S.D.N.Y. 1984). A. Regulation of Political Speech For cigarette advertisements that are determined to contain non-commercial political speech entitled to full First Amendment protection, a determination must be made whether and to what extent Valley Metro buses constitute a public forum. Whether a right of access to public property exists and the standard for evaluating limitations upon such right differ depending upon the nature of the property at issue. Perry Education Association v. Perry Local Education's Association, 460 U.S. 37, 44 (1983). The United States Supreme Court has divided public property into the following three categories for First Amendment purposes: (1) "traditional public forums" such as parks and streets which have traditionally been devoted to assembly and debate; (2) "designated public forums" such as certain public areas that the government has voluntarily The Honorable Mayor and Members of Roanoke City Council November 26, 1991 Page 3 opened to the public for expressive activities; and (3) "non- forums" which are areas not by tradition or designation a forum for public communication. 460 U.S. at 45-46. Public transportation buses are not inherently a traditional public forum. In a 1974 decision, by a vote of 5 to 4, the United States Supreme Court upheld a uniformly applied blanket exclusion of an entire class of political advertisements on interior city bus advertising. Lehman v. City of Shaker Heiqhts, 418 U.S. 298, 304 (1974). It is my understanding, however, that Valley Metro has in the past solicited and accepted all types of commercial as well as public service type advertising. In this case, Valley Metro buses would most likely be classified as a designated public forum for the advertising of commercial and political speech. Penthouse International v. Koch, 599 F.Supp. 1338, 1347 (S.D.N.Y. 1984). In order to restrict political speech in a designated public forum, the government bears an extremely heavy burden. As expressed by the U.S. Supreme Court, a content based exclusion must be shown to serve a compelling state interest and be narrowly drawn to achieve that end. Perry Education Association v. Perry Local Educator's Association, 460 U.S. 37, 44 (1983). In a designated public forum, an outright ban of speech determined to have political content in all likelihood would be violative of the First Amendment. See Planned Parenthood Association v. Chicago Transit Authority, 767 F2d 1225, 1233 (7th Cir. 1985); Coalition for Abortion Riqhts v. Niaqara Frontier Transportation Authority, 584 F. Supp. 985, 989 (W.D.N.Y. 1984). B. Regulation of Commercial Speech In the event the cigarette advertising were determined to be strictly commercial in nature, a different standard would apply. In 1972, the United States Supreme Court affirmed a decision upholding the banning of cigarette advertisements in the electronic medium subject to FCC regulation. Capital Broadcastinq Company v. Mitchell, 333 F.Supp. 582 (D.D.C. 1971), aff'd w/o op. sub. nom. Capital Broadcastinq Company v. Kleindienst, 405 U.S. 1000 (1972). The district court opinion in Mitchell, however, was based upon older case law that upheld the power of Congress to limit any such advertising as an exercise of congressional authority to regulate commerce. Following Mitchell, the Supreme Court has recognized that commercial speech does benefit from First Amendment protection. In Virqinia State Board of Pharmacy v. Virginia Citizens Consumer Council~ Inc., 425 U.S. 748 (1976), the Court held that the advertising of prescription drug prices could not be The Honorable Mayor and Members of Roanoke City Council November 26, 1991 Page 4 prohibited. The Court held that the consuming public had a protected First Amendment interest in the free flow of truthful information regarding lawful activity. I__~d. at 773. Subsequently, in Central Hudson Gas and Electric Corporation v. New York Public Service Commission, 447 U.S. 557 (1980), the Court held that a ban on public utility advertising was overly broad. The Central Hudson Court set forth the following four-part test for determining whether commercial speech can be restricted: 1) The speech must concern lawful activity and not be misleading; 2) The state interest advanced by the regulation must be "substantial"; 3) The regulation must directly advance the state interest; and 4) The regulation must not be more extensive than is required to serve the governmental interest. Id. at 566. Many of the Supreme Court cases in the area of commercial free speech have turned upon an ad hoc application of the Central Hudson test. Lower federal court decisions have applied this test in upholding state liquor advertising bans in the face of First Amendment challenges. See Oklahoma Telecasters Association v. Crisp, 699 F2d 490 (10th Cir. 1983), rev'd on other grounds sub nom. Capital Cities Cablet Inc. v. Crisp, 467 U.S. 691 (1984); Dunagin v. City of Oxford, 718 F.2d 738 (5th Cir. 1983) cert. denied, 467 U.S. 1259 (1984). In addition, the United States Supreme Court, by a 5-4 vote, upheld the constitutionality of a Puerto Rican statute that restricted local advertising for casino gambling. Posados de Puerto Rico Associates v. Tourism Company, 478 U.S. 328, 347 (1986). Nevertheless, the exact degree of protection owed to commercial speech is unsettled. See L. Tribe, American Constitutional Law §12-16 at 895 (2nd ed. 1988). Most of the applicable Supreme Court cases have not been unanimous and there have been strong dissents. Legitimate questions remain regarding whether a City ban on commercial cigarette advertising on buses would be constitutional under the Central Hudson test. At least one commentator has noted that under current Supreme Court precedent, unless Congress outlaws cigarettes, it should not be able to prohibit concededly truthful information. The Honorable Mayor and Members of Roanoke City Council November 26, 1991 Page 5 There may also be an empirical issue whether a ban on advertising of cigarettes necessarily dampens the demand for the product. 3 R. Rotunda, Treatise on Constitutional Law, S20.31 (1988). Other commentators argue that bans on the advertising of potentially harmful substances such as liquor and cigarettes are unconstitutional because they violate the First Amendment rights of those who receive commercial messages. The First Amendment and Legislative Bans of Liquor and Cigarette Advertisinq, 85 Colum. L. Rev. 632, 633 (1985). Therefore, in addition to being violative of the Dillon Rule, the proposed ban on advertising of cigarettes on Valley Metro buses would raise significant constitutional issues. I trust the information contained in this opinion is responsive to your inquiry. With kindest personal regards, I am Sincerely yours Wilburn C. , Jr. City Attorney cc: W. Robert Herbert, City Manager Steve Mancuso, General Manager, Valley Metro William Tanger 25 A8:50 COMMONWEALTH o[ VIRGINIA Roanoke City Health Department ROANOKE, VIRGINIA 24016 (703) 857-7600 November 12, 1991 Mr. Robert Herbert, City Manager Room 364, Municipal Buildin9 215 Church Avenue Rilld~i~l<e, Virginia 24011 ~ ~ · RE: L~.t..e:r of Support advertisements ,m Dear Mr. Herbert: An ordinance to band tobac:co advertisements on city buses would be a reasonable public health policy. The city may lose revenue~ by implementing this policy. Yet, eliminating this lucrat i,~e advertisement, the City of Roanok~ would be investing in a program to prevent young people from using tobacco and eliminate th~-, citxj's contribution to the maj~r cause of cardiovascular and can~er death in the city. The American Cancer Society Report "Cancer Facts and Figures-lq9l" estimates that in the U.S. 161,000 new r'ases of lung cancer will be identified. Four thousand, one hundred of these wil 1 be ]n Virginia. I estimate 82 new cases of lung ,~ancer will be di4gnos~d in Roanoke City. The American Cancer Society also estimates 143,00(3 lung cancer deaths will occur in lqgl. In 1987, for the first time more ~omen died of lung cancer than *~f breast cancer-why? Inet-eased smoking am~,ng women over tbe last l(1 Smoking is the most preventable cause c,f death in our society. Smoking accounts for about 30z of all cancer deaths and 839z of lung cancer cases. Those who smok,= ] or mt~re packs of cigarettes r~ day have lung cancer mortality r,~t~s 15-25 t~mes greater than n~.n- smokers. The use of chewing tobacco or snuff increases risk of cancer of the mouth, larynx, throat and esophagus and is highly habit forming. Tobacco is r~sponsible for more than ¢~n~ in six deaths in the United States. We need to break the "smoke ring" which cc)ntributes to this ongoing mortality and morbidity. (1) Mr. Robert HerbeFt Page 2 November 12, 1991 The decision to not advertise tobacco has presidence. Several American publications, the most notable Readers Digest, Good Housekeeping, The New Yt~rker an,] the Washington Monthly do not accept cigarette advertising on principle. The tobacco products are exempt from EPA, FDA and Consumer Product Safety Commission regulations. These specific exemptions provide that this deadly drug can be sold and bought legally. If we continue using tobacco advertisements, we should show them in connection to their true results rather than advertisements that emphasis vitality with suggestions of health, outdoor activity, femininity, romance and sex, pleasure and relaxation. We should insist on showing tobacco advertisements that depict illness, death, and the tremendous economic burden in managing the cancer and cardiovascular disease caused by cigarette smoking. (Think of the contribution of tobacco in regards to your own city employees illness care costs.) What I would like to do is replace the tobacco advertisements with posters to encourage smoking cessation or posters to encourage young people not to smoke at all. In the long run, such a campaign will contribute much more to the overall health and well being of our community and be an investment in our community's future. Donald R. Stern, M.D., M.P.H. Health Director DRS/lka Bill Tanger Image Advertising P.O. Box 1750 Roanoke, VA 24008 Dr. Backie Noland President-Roanoke Academy of Medi<.ine Dr. Paul Dallas Director of Ambulatory Medicine Roanoke Memorial Hospital 1. Peter Taylor, "The Smoke Ring". Pantheon Books, New York 1984. MARY F. pARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 December 3, 1991 File #228-132 SANDRA H. EAKIN Deputy City Clerk Mr. Donald J. Borut Executive Director National League of Cities 1301 Pennsylvania Avenue, N. W. Washington, D. C. 20004 Dear Mr. Borut: I am enclosing copy of Resolution No. 30809-120291 designating the Honorable Elizabeth T. Bowles, Council Member, as Voting Delegate for the 1991 Annual Business Meeting of the National League of Cities in lieu of the Honorable Noel C. Taylor, Mayor, which information was previously forwarded to you under date of~ August 28, 1991. Resolution No. 30809-120291 was adopted by the Council of the City of Roanoke at a regnlar meeting held on Monday, December 2, 1991. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. R. Michael Amyx, Executive Director, Virginia Municipal League, P. O. Box 12203, Richmond, Virginia 23241 The Honorable Elizabeth T. Bowies, Council Member ~ F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 December 3, 1991 File #228-132 SANDRA H. EAKIN Deput)' City Clerk Ms. Lesleyenne Rennie, Secretary National League of Cities 1301 Pennsylvania Avenue, N. W. Washington, D. C. 20004 Dear Ms. Rennie: I am enclosing copy of Resolution No. 30809-120291 designating the Honorable Elizabeth T. Bowies, Council Member, as Voting Delegate for the 1991 Annual Business Meeting of the National League of Cities in lieu of the Honorable Noel C. Taylor, Mayor, which information was previously forwarded to you under date of August 28, 1991. Resolution No. 30809-120291 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 2, 1991. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw BOWLES Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of December, 1991. No. 30809-120291. VIRGINIA, A RESOLUTION designating a Voting Delegate for the Annual Business Meeting of the National League of Cities. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as For the National League of Cities Conference to be held on December 12 through 16, 1991, and any Business Meetings in connection with such Conference, the Honorable Elizabeth T. Bowles, Member of City Council, is hereby designated Voting Delegate on behalf of the City. 2. Mary F. Parker, City action required by the National Clerk, is directed to take any League of Cities with respect to certification of the City's official Voting Delegate. 3. Resolution No. hereby repealed. 30688-82691, adopted August 26, 1991, is ATTEST: City Clerk.