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HomeMy WebLinkAboutCouncil Actions 01-06-03 CARDER 36187-010603 ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 6, 2003 9:00 A.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. (All present - Vice-Mayor Harris and Council Member Dowe arrived late.) A communication from Vice-Mayor C. Nelson Harris, Chair, City Council Personnel Committee, requesting a Closed Meeting to discuss the performance of four Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. (Approved 5-0, Vice-Mayor Harris and Council Member Dowe were not present when the vote was recorded.) File #110-132 THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE IMMEDIATELY RECONVENED IN THE EMERGENCY OPERATIONS CENTER CONFERENCE ROOM, ROOM 159, FOR A COUNCIL/STAFF WORK SESSION. COUNCIL WORK SESSION JANUARY 6, 2003 9:00 A.M. ROOM 159 AGENDA Proposed structure for future Council work sessions. Committee liaison reports by Council Members: Mayor Smith: The Mayor serves as ex-officio to all City committees. · Hotel Roanoke Conference Center Commission Vice-Mayor Hams: · Roanoke Redevelopment and Housing Authority Council Member Bestpitch: · City of Roanoke Transportation Safety Commission · Roanoke Neighborhood Partnership Steering Committee/Ad Hoc Study Committee · Roanoke Valley-Alleghany Regional Commission 2 Virginia's First Regional Industrial Facility Authority Finance Best Practices Task Force War Memorial Committee Total Action Against Poverty, Board of Directors Council Member Carder: Special Events Committee Virginia's First Coalition of Cities War Memorial Committee Roanoke Valley-Alleghany Regional Commission Roanoke Neighborhood Partnership Steering Committee Ad Hoc Study Committee Roanoke Valley Convention and Visitors Bureau, Board of Directors Council Member Cutler: Mill Mountain Advisory Committee Mill Mountain Zoo, Inc. Roanoke Arts Commission Roanoke Valley-Alleghany Regional Commission Roanoke Valley Long Range Water Supply Study Committee Council Member Dowe: · Roanoke Valley Regional Cable Television Committee Council Member Wyatt: Mayor's Committee for People with Disabilities Roanoke Civic Center Commission Virginia CARES, Board of Directors Virginia Museum of Transportation, Board of Directors Items for discussion at the February 4, 2003 Council/School Board Retreat. Discussion with regard to scheduling of joint meetings of Council and certain Council-Appointed authorities, boards, commissions and committees (5:00 p.m. dinner meeting). Discussion with regard to quarterly meetings of Council and the Roanoke County Board of Supervisors. 6. Other discussion items. ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 6, 2003 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. (All present) The Invocation was delivered by The Reverend Floyd W. Davis, Pastor, High Street Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, January 9, 2003, at 7:00 p.m., and Saturday, January 11, 2003, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM, TO OBTAIN AN APPLICATION. 6 2. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. The Mayor announced that at an 11:00 a.m. News Conference, mandatory water restrictions were lifted in the City of Roanoke. File #468 e CONSENT AGENDA C-1 C-2 C-3 (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meeting of Council held on Monday, November 18, 2002. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from the Honorable Ralph K. Smith, Mayor, requesting a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in the request. File #110-132 A communication from the City Manager transmitting the proposed 2003-04 Budget Study calendar. RECOMMENDED ACTION: Concur in recommendation. File #60-104 7 C-4 C-5 C-6 C-7 C-8 A communication from the City Manager recommending that Council authorize a public hearing to be held on Tuesday, January 21, 2003, with regard to surplus City-owned property, described as Official Tax Nos. 2011718, 2021789 and 2021788. RECOMMENDED ACTION: Concur in recommendation. File #166 A communication from the City Manager recommending that Council authorize a public hearing to be held on Tuesday, January 21, 2003, with regard to lease of the Jefferson High School Gymnasium. RECOMMENDED ACTION: Concur in recommendation. File #337-373-467 A communication from the City Manager recommending that Council authorize a public hearing to be held on Tuesday, January 21, 2003, with regard to lease of the Commonwealth Building. RECOMMENDED ACTION: Concur in recommendation. File #373-524 A communication from the City Manager recommending that Council authorize a public hearing to be held on Tuesday, January 21, 2003, with regard to vacation of sewer and drainage easements on Wildwood Road, S. W. RECOMMENDED ACTION: Concur in recommendation. File #27-28 Qualification of the following persons: Jesse A. Hall as a member of the Roanoke Valley Juvenile Detention Center Commission, for a term ending June 30, 2006; The Honorable John B. Ferguson and The Honorable Julian H. Raney as members of the Court Community Corrections Program Regional Criminal Justice Board, for terms ending June 30, 2005; Carl D. Cooper as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 2005; A. L. Gaskins as a member of the Regional Policy Board, Alcohol Safety Action Program, for a term ending June 30, 2004; Alma L. Lee as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2005; and Robert Williams, Jr., as a member of the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31, 2005. RECOMMENDED ACTION: Receive and file. File #5-15-110-132-242-305-335-488-536 C-9 A communication from the City Manager recommending that Council hold a public hearing on Tuesday, January 21, 2003, with regard to lease of the City Market Building. RECOMMENDED ACTION: Concur in recommendation. File #42-373 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: NONE. 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. 9 ITEMS RECOMMENDED FOR ACTION: A communication with regard to amendment of the 2002-03 Consolidated Plan Annual Update and execution of a CDBG Agreement with Blue Ridge Housing Development Corporation, Inc. Adopted Budget Ordinance No. 36187-010603 and Resolution No. 36188-010603. (7-0) File #60-178-236-304 A communication with regard to a City Code amendment to extend responsibility for weeds and trash on public rights-of-way along streets and alleys to the owners ofadj acent private property. Adopted Ordinance No. 36189-010603. (7-0) File #24-95-144-166-514 A communication in connection with appropriation of funds to complete payment of job grants to Carilion Health System. Adopted Budget Ordinance No. 36190-010603. (7-0) File #60-221-236 A communication with regard to award of a contract for new concrete sidewalks, entrances and curb, Phase VIII. Adopted Budget Ordinance No. 36191-010603. (7-0) File #57-60 A communication with regard to a grant application on behalf of the Virginia CARES Program. Adopted Resolution No. 36192-010603. (7-0) File #5-236 10 A communication with regard to an advertising policy for City publications. The resolution was tabled pending further review by City Staff and discussion by Council at a future work session. File #227-562 b. DIRECTOR OF FINANCE: 1. Financial report for the month of November 2002. Received and filed. Council Member Carder requested information on those programs that have been mandated by State and Federal governments which have not been funded and/or funding has been reduced by the State and/or Federal governments. File #10-60 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: NONE. Om INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: A Resolution amending Paragraph 2(a) of Resolution No. 35958- 070102, which established a meeting schedule for City Council for the Fiscal Year commencing July 1, 2002, and terminating June 30, 2003, in order to change the time of commencement of the regular meetings of City Council to be held on the first Monday in each month from 12:15 p.m. to 9:00 a.m. Adopted Resolution No. 36193-010603. (7-0) File #110-132 11 10. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Member Wyatt commended staff at the Roanoke Civic Center for the efficient manner in which the change over occurred from the Roanoke Dazzle basketball game to the Roanoke Express hockey game on Saturday, January 4, 2003. File #80-192-346 Council Member Dowe encouraged citizens of the Roanoke Valley to support the Roanoke Dazzle basketball team. File #192-388 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Bob Caudle, 4231 Belford Street, S. W., addressed Council in connection with concerns of residents regarding an application, submitted by the Roanoke County School Board to the City of Roanoke Board of Zoning Appeals, for a zoning variance to install lights on the soccer/football field at Hidden Valley Middle School, which will allow light fixtures to be 90 feet in height in lieu of the maximum 35 feet limitation. File #51-66-467 12 12. CITY MANAGER COMMENTS: On behalf of all City employees, the City Manager expressed appreciation to the Members of Council for authorizing December 24, 2002, as an additional holiday for City employees. File #184 She commended City staff on the manner in which the snow event on Sunday, January 5, 2003, was addressed. File #80-184-410 She advised that the City of Roanoke will host a meeting of the Roanoke Valley-Alleghany Regional Commission at the Roanoke Civic Center on January 15, 2003, at 4:00 - 7:00 p.m., and following the meeting, guests are invited to attend the Roanoke Dazzle basketball game. File #15-110-192-246-388 CERTIFICATION OF CLOSED SESSION. (7-0) Nelett H. Lor was appointed as a member of the Roanoke Arts Commission, for a term ending June 30, 2005. Council waived the City residency requirement. File #110-230 THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL FRIDAY, JANUARY 17, 2003, AT 12:00 NOON, FOR THE REGIONAL LEADERSHIP SUMMIT LUNCHEON TO BE HOSTED BY THE CITY OF ROANOKE AT CENTER IN THE SQUARE, ONE MARKET SQUARE, S. E., ROANOKE, VIRGINIA. 13 CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Council Members: William D. Bestpitch William H. Carder M. Rupert Cutler Alfred T. Dowe, Jr. C. Nelson Harris Linda F. Wyatt Januaw 6,2003 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: I wish to request a Closed Meeting to discuss the performance of four Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, C. Nelson Harris, Chair City Council Personnel Committee CNH:sm N:\cksml ~Agenda.O2/Closed Session on Performance Evaluations.wpd C-1 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL November 18, 2002 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, November 18, 2002, at 2:00 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William D. Bestpitch, William H. Carder, M. Rupert Cutler, C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith ......... 6. ABSENT: Council Member Alfred T. Dowe, Jr.- ........................................... 1. / OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Earl Robertson, Pastor, Roanoke First Church of the Nazarene. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT: The Mayor advised that some time ago, Council Member Carder recommended and the Council concurred that the City of Roanoke should recognize those citizens who go above and beyond the call of duty to be of service to their fellow man and to their community. On behalf of the Members of Council, he stated that he was pleased to recognize Ms. Janine Palma VanDenBerg and Ms. Louise Scott, representing the Roanoke Valley Mopar Club. The Mayor advised that Ms. VanDenBerg volunteers at the Rescue Mission in the Women's Shelter; she assists in fund raising efforts for the homeless population and she is an advocate for the rights of the down trodden and disadvantaged in the Roanoke community. The Mayor further advised that the Roanoke Valley Mopar Club goes above and beyond the call of duty every year to raise money for St. Judes Hospital, which is a children's hospital that is a patron's saint for children with severe illness. He presented Ms. VanDenBerg and Ms. Louise Scott, on behalf of the Roanoke Valley Mopar Club, with "Shining Star" awards. PROCLAMATIONS: The Mayor presented a proclamation declaring the week of November 24-30, 2002, as Roanoke Family Week. SPORTS ACTIVITIES-ROANOKE CIVIC CENTER: Joseph Preseren, Team President, The Roanoke Dazzle Basketball Team, advised that the season started last weekend, and he commended Roanoke Civic Center staff on their management of a myriad of civic center events. He stated that attendance is up, preseason sales are significantly higher than last year's sales, and the team is optimistic and looks forward to a great season. Kent Davison, Head Coach, Roanoke Dazzle Basketball Team, advised that this year, the Roanoke Dazzle has played two exhibition games and two regular season games, and called attention to two local recognizable players, Cory Alexander and Jamaal Robinson, whose presence will cause an increase in attendance. He commended the City on the quality of office space and locker rooms provided for the Roanoke Dazzle which compete favorably with professional team locker rooms. He stated that the Roanoke Dazzle team and staff are now firmly entrenched in the Roanoke Valley and offered their assistance to the community. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meeting of City Council held on Monday, October 3, 2002, and recessed until Sunday, October 6, 2002, were before the body. Mr. Cutler moved that the reading of the minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Carder and adopted by the following vote. AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ............................................................................................. -6. NAYS: None ........................................................................................ -0. (Council Member Dowe was absent.) COMMITTEES.CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. Mr. Cutler moved that Council concur in the request of the Mayor to convene in a Closed Meeting. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, {~utler, Harris, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ......................................................................................... 0. (Council Member Dowe was absent.) ACTS OF ACKNOWLEDGMENT-CITY COUNCIL: A communication from Council Member William H. Carder requesting that Council convene in a Closed Meeting to discuss a special award, being the Shining Star Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended, was before the body. Mr. Cutler moved that Council concur in the request of Council Member Carder to convene in a Closed Meeting. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ........................................................................................ -0. (Council Member Dowe was absent.) PURCHASE/SALE OF PROPERTY-CITY MANAGER-CITY COUNCIL-CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Cutler moved that Council concur in the request of the City Manager to convene in a Closed Meeting. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ............................................................................................. 6. NAYS: None ......................................................................................... 0. (Council Member Dowe was absent.) CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a matter of pending litigation, pursuant to Section 2.2.-3711 (A)(7), Code of Virginia (1950), as amended, was before the body. Mr. Cutler moved that Council concur in the request of the City Attorney to convene in a Closed Meeting. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ............................................................................................. -6. NAYS: None ........................................................................................ -0. (Council Member Dowe was absent.) COMMITTEES-BLUE RIDGE COMMUNITY SERVICES: A communication from S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare, recommending concurrence by Council in the reappointment of Linda H. Bannister as an at large member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term ending December 31, 2005, was before the body. 4 It was further advised that the current term of Ms. Bannister as an at large representative will expire on December 31, 2002; according to §37.1-196, Code of Virginia, 1950, as amended, Community Services Board members are eligible for three full three-year terms; therefore, it is requested that Council ratify the reappointment of Ms. Bannister for a second term, from January 1, 2003, through December 31,2005; and By-Laws of the Board require that appointments of at large members be ratified by all five participating localities. Mr. Cutler moved that Council concur in the reappointment of Linda H. Bannister as an at large member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term ending December 31, 2005. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ............................................................................................. -6. NAYS: None ......................................................................................... 0. (Council Member Dowe was absent.) COMMITTEES- ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Christine Profitt tendering her resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, was before Council. Mr. Cutler moved that the resignation be accepted and that the communication be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ......................................................................................... 0. (Council Member Dowe was absent.) PURCHASE/SALE OF PROPERTY-CITY MANAGER-CITY COUNCIL-CITY PROPERTY: An oral request of the City Manager that Council convene in a Closed Meeting to discuss acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Cutler moved that Council concur in the request of the City Manager to convene in a Closed Meeting. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ......................................................................................... 0, (Council Member Dowe was absent.) PURCHASE/SALE OF PROPERTY-CITY MANAGER-CITY COUNCIL-CITY PROPERTY: An oral request of the City Manager that Council convene in a Closed Meeting to discuss acquisition of real property for public purpose, where discussion in open meeting would adversely affect.the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Cutler moved that Council concur in the request of the City Manager to convene in a Closed Meeting. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith .............................................................................................. 6. NAYS: None ......................................................................................... 0. (Council Member Dowe was absent.) REGULAR AGENDA PUBLIC HEARINGS:NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: PARKS AND RECREATION-LANDMARKS/HISTORIC PRESERVATION.LEASES: The City Manager submitted a communication advising that the Commonwealth of Virginia, Department of Historic Resources (DHR), operates the Roanoke Regional Preservation Office from the Buena Vista Recreation Center; even though use of the facility involves limited office and storage space, DHR has made approximately $10,000.00 worth of improvements to the leased space at Buena Vista Recreation Center; and these positive changes are consistent with the departmental direction noted within the Comprehensive Master Plan of Roanoke Parks and Recreation. It was further advised that the unexecuted Lease Agreement, authorized by Council pursuant to Ordinance No. 33798-051898 between the City of Roanoke and DHR was to expire in February 2001; following minor modifications to the Agreement, DHR has agreed to continuing use of a portion of the facility; and renewal of the revised lease provides for a term retroactive to March 2002 for a term of five years at no fee with the option to renew for one additional term. / The City Manager recommended that she be authorized to execute the Lease Agreement with the Department of Historic Resources, upon approval as to form by the City Attorney. Mr. Carder offered the following ordinance: (#36125-111802) AN ORDINANCE authorizing entering into a lease agreement between the City and the Commonwealth of Virginia, Department of Historic Resources, for certain space in the Buena Vista Recreation Center, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 66, Page 509.) Mr. Carder moved the adoption of Ordinance No. 36125-111802. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Dowe was absent.) 7 BUDGET-EMERGENCY SERVICES: The City Manager submitted a communication advising that since July 1, 1986, the City has been under contract with the Virginia Department of Emergency Management (VDEM) to respond to Level III hazardous materials incidents in a regional concept involving Fireflghter/EMTs from the Cities of Roanoke and Salem; in July 2000, the City renewed its agreement to participate in a Level III Regional Response Team; and the purpose of the report is to request, for the next two fiscal years (July 2002- June 2004), authorization for another bi-annual agreement to keep funding and reimbursement needs current. It was further advised that the City of Roanoke benefits in several ways from the contract; the City receives reimbursement for training, team member physical examinations and purchase of related equipment; and without the State contract, the City would still have a need for a hazardous materials response team, but would not have the corresponding benefit of being a reimbursed regional provider. It was explained that the present VDEM hazardous materials team contract expired on June 30, 2002; VDEM agreed to sign a new, two year agreement and to furnish $15,000.00 per year in "pass-through" funds in order to assist with the purchase of equipment, physicals, and to attend training programs needed to complywith Federal and State response criteria mandates; and "pass-through" funding totaling $15,000.00 has been received from VDEM and deposited in revenue Account No. 035-520-3225- 3225. The City Manager recommended that Council authorize execution of a new contract and "pass-through" funding, which honors the two-year VDEM hazardous materials team contract for the period July 1,2002, until June 30, 2004, and appropriate $15,000.00 as follows: $10,000.00 to Expendable Equipment and $5,000.00 to Training and Development under the Hazardous Materials Response Team Grant (035-520- 3225-2035 and 035-520-3225-2044), and establish a revenue estimate of $15,000.00. Mr. Carder offered the following budget ordinance: (#36126-111802) AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 66, Page 509.) Mr. Carder moved the adoption of Ordinance No. 36126-111802. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ................................................................... -6. NAYS: None ................................................................... -0. (Council Member Dowe was absent.) Mr. Carder offered the following resolution: (#36127-111802) A RESOLUTION authorizing the City Manager to enter into a two- year contract with the Commonwealth of Virginia, Department of Emergency Management, to participate in a Regional Hazardous Materials Response Team and to accept "pass-through" funding in the amount of $15,000.00. (For full text of Resolution, see Resolution Book No. 66, Page 510.) Mr. Carder moved the adoption of Resolution No. 36127-111802. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ..................................................... -6. NAYS: None .......................................................... (Council Member Dowe was absent.) POLICE DEPARTMENT: The City Manager submitted a communication advising that design of the new police building at 348 West Campbell Avenue has always included a space directly in front of the door for a monument, or memorial, to recognize the sacrifice of fallen police officers; a committee of Police Department employees worked with the Roanoke Arts Commission to develop a tiffing memorial; solicitations for proposal were sent to artists regionally, with four artists submitting potential designs for consideration; and a quality statue at this highly visible location would promote the arts in the City of Roanoke. It was further advised that Blacksburg sculptor, Lawrence Reid Bechtel, one of the four artists offering works for review, submitted a proposed work entitled, "Officer Down", which has been displayed within the Police Department and is recommended by the joint Police Department/Arts Commission Committee; production of the monument is anticipated to take approximately one year following execution of a contract, at an anticipated cost of $96,500.00; and funding is available in Account No. 008-640-9902-9.132. The City Manager recommended that she be authorized to enter into a contract with Lawrence Bechtel, in a form to be approved by the City Attorney, and to advertise for bids for architectural and construction work associated with completion of the project. Mr. Bestpitch offered the following resolution: (#36128-1.11802) A RESOLUTION authorizing execution of an agreement between the City of Roanoke and Lawrence Reid Bechtel, doing business as Heady Stuff Studio, providing for development and creation of a statue to memorialize fallen law enforcement officers to be erected in front of the Police Department at 348 West Campbell Avenue. (For full text of Resolution, see Resolution Book No. 66, Page 511.) Mr. Bestpitch moved the adoption of Resolution No. 36128-1.11802. The motion was seconded by Mr. Carder. Captain William Althoff, Roanoke City Police Department, advised that the design of the front of the new police building was intended for the placement of a statue to honor fallen police officers. He stated that the Roanoke Arts Commission assisted the Fallen Police Officers Memorial Committee by making announcements to persons affiliated with the art network as to the City of Roanoke's interest in commissioning a statue to memorialize fallen police officers, and a variety of artists viewed the site prior to submitting their proposal. He advised that $70,000.00 for the sculpture will be taken from the 2000-01 CMERP fund which represent funds that were carried over, and the remainder of the funds will be taken from 200'1-02 CMERP funds. He introduced Lawrence Reid Bechtel, who was selected by the committee to sculpt the proposed fallen police officers statue. For demonstration purposes, Mr. Bechtel presented a small model designed to scale of the site. He advised that he interviewed police officers and took an actual incident and tried to symbolize the way in which police officers place their lives on the line everyday. He stated that he endeavored to capture a sense of ministry between police officers, the police department and the community, and the proposed sculpture is intended to portray kinship and a sense that all citizens share a responsibility to join hands with those who are fallen and in need. Robert L. Humphrey, Vice-Chair, Roanoke Arts Commission, and liaison from the Roanoke Arts Commission to the Fallen Police Officer Memorial Committee, advised that his role was to facilitate in the artist selection process. He stated that the Arts Commission assisted the committee in drafting a prospectus which was mailed to a variety of sculptors announcing the project and the ensuing selection process. Following receipt of proposals, he added that he assisted with the arts process, the end result of which was the selection of Mr. Bechtel. He advised that the Roanoke Arts Commission applauds the selection committee on its efforts to bring the project to this point, the Arts Commission supports this most deserved project, and encourages favorable consideration of funding by Council. Mr. E. Duane Howard, 508 Walnut Avenue, S. W., commended all persons involved in the fallen police officer memorial and advised that the City can never do enough to honor those police officers who endanger their lives every day to protect others; however, he stated that it was just two weeks ago that Council discussed a $387,000.00 shortfall to the City's budget as a result of State budget cuts. He stated that there is discussion about cutting back on library hours~ and e!iminating school teacher positions, etc., therefore, he questioned whether thelstatue is an expenditure that the City should make at this time in view of the budget situation; and advised that it might be more appropriate to delay action on the expenditure. He stated that $96,000.00 is the equivalent of more Police Officers, and spoke in support of soliciting donations from private enterprise/interests to fund this worthy project. Council Member Bestpitch advised that the voters of the City of Roanoke elected City Council to set policy and to determine the budget for the City; the voters also elect representatives to the Virginia General Assembly and to the United States Congress; those persons who represent the citizens in Richmond and Washington have created a "mess" and the "mess" they have created is now resulting in reductions in services at Roanoke's libraries and cuts in funding for law enforcement, etc. He stated that if citizens want to make changes, they have it within their power as voters to do so; however, it is not appropriate to lay the responsibility for resolving the problems at the feet of City Council, when the problems were created by the General Assembly and the United States Congress and they need to find a solution. Vice-Mayor Harris expressed appreciation to Mr. Bechtel, the Roanoke Arts Commission and to those who served on the Fallen Police Officers Memorial Committee, and advised that the proposed statue will be an asset not only as a piece of art, but as a memorial to fallen police offices. He explained that the sculpture will be funded by CMERP funds which are funds that are set aside for one time capital projects and not general operating expenses that will be incurred annually. ]! Council Member Wyatt called attention to the amount of counseling involved in the work of a police officer, therefore, the proposed sculpture is most tiffing. She commended Mr. Bechtel for touching on that part of a police officers' responsibility. The Mayor advised that Mr. Howard's comments are not totally out of place in regard to priorities for spending City funds. However, he stated that he is pleased with Mr. Bechtel's proposal and the sculpture will complete the front of the police building which was designed with a memorial in mind. Resolution No. 36128-111802 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ............................................................................... -6. NAYS: None ......................................................................... -0. (Council Member Dowe was absent.) CITY PROPERTY-HOUSING/AUTHORITY-DOWNTOWN NORTH: The City Manager submitted a communication advising that the City currently owns several parcels of land along Gainsboro Road, N. W., suitable for potential development of a mixed-use community; the City desires the opportunity to consider entering into a contractual agreement with a real estate developer who has submitted the successful proposal for development of the property; although the sealed bid method of procurement would normally be used, it is not practicable or fiscally advantageous to the public in procuring the above referenced services; the experience, qualifications, and references of firms that can provide the real estate development proposal are of equal, if not greater, importance than the cost; additional issues, other than price, include development experience, employee training, customer responsiveness, marketing, and financial capacity; therefore, the process of competitive negotiation using the request for proposal process has been identified as the best method for procurement of these services. It was further advised that the Code of the City of Roanoke, (1979), as amended, provides, as an alternate method of procurement to using the bid process, a process identified as "competitive negotiation"; however, prior approval by Council is necessary; and this method will allow for negotiations with two or more providers to determine the best qualified at the most competitive price or rate. The City Manager recommended that Council authorize the use of competitive negotiation as the method to secure a development company for development of City- owned property along Gainsboro Road, N. W. Mr. Carder offered the following resolution: (#36129-111802) A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used to secure a real estate development company for development of the city-owned property along Gainsboro Road, N. W.; and documenting the basis for this determination. (For full text of Resolution, see Resolution Book No. 66, Page 512.) Mr. Carder moved the adoption of Resolution No. 36129-111802. The motion was seconded by Mr. Bestpitch. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., express/ed opposition inasmuch as the various neighborhood organizations in Gainsboro have not been afforded an opportunity to review the proposals. She stated that residents of the area are concerned because they were previously advised that the various presidents/officers of each neighborhood organization within Gainsboro would be kept informed as to matters affecting the Gainsboro community. She explained that there are three neighborhood organizations that work together and each have different interests pertaining specifically to the area in which they live; and a neighborhood comprehensive plan is currently being prepared by City staff and it was the understanding of Gainsboro residents that no real development would be undertaken in the area until the neighborhood comprehensive plan was completed by City staff and approved by Council. She inquired as to the location of the property and requested, before taking action on the matter, that a map of the area be prepared and that a meeting be held with neighborhood organizations to identify the location of the property. The City Manager clarified that no proposals have been received, no developer has been selected, and the item before Council is a request for authorization to solicit proposals. She explained that provisions of the City's Procurement Code require approval by Council in order to engage in competitive negotiation. Using the competitive negotiation process, Ms. Bethel inquired as to which developers will be contacted and how will the developer be selected. She expressed concern with regard to the process that will be used by the City. Mr. Harris called for the question. The motion was seconded by Mr. Carder and adopted. Resolution No. 36129-111802 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith .................................................. --6. NAYS: None ..................................................................... -0. (Council Member Dowe was absent.) REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a communication advising that on October 25, 2002, Invitation for Bid #02-09-22 for five side loading refuse cab and chassis and five "one-armed bandit" bodies was opened; five bids were received for the cabs and chassis and five bids were received for the bodies; during evaluation of the bids, an error in the specifications was discovered which requires that the bids be rejected; and updated specifications have been completed and a new invitation for bid can be issued immediately following rejection of all bids. It was further advised that an error was made in the submission of old specifications, rather than new specifications to the Purchasing Department; and a new sign-off procedure will now be initiated to avoid future errors. The City Manager recommended that Council reject all bids received on Invitation for Bid #02-09-22, and reissue an invitation for bid for five side loading refuse cab and chassis and five "one-armed bandit" bodies, pursuant to revised specifications. Mr. Carder offered the following resolution: (#36130-111802) A RESOLUTION rejecting all bids for five side loading refuse cab and chassis and five "one.armed bandit" bodies. (For full text of Resolution, see Resolution Book No. 66, Page 513.) ]4 Mr. Carder moved the adoption of Resolution No. 36130-111802. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ........................................................ -6. NAYS: None ...................................... (Council Member Dowe was absent.) Council Member Wyatt inquired as to the dollar amount expended to date for solid waste collection; whereupon, the City Manager advised that the information will be provided at a later date. The Mayor inquired if the technical change will rule out any of the five bidders whose bids are proposed to be rejected; whereupon, the City Manager advised that the expectation is that the City would get an equal, if not larger nu~nber of bids, as a part of the next bidding process. BUDGET-FDETC: The City Manager submitted a communication advising that the City of Roanoke is the grant recipient and fiscal agent for Workforce Investment Act (WIA) funding, thus, Council must appropriate funds for all grants and other monies received; Workforce Investment Act for the region, Workforce Area 3, encompasses the Counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, as well as the Cities of Covington, Roanoke, and Salem; and WIA funding is for the following three primary client populations: dislOcated workers who have been laid off from employment through no fault of their own, economically disadvantaged individuals as determined by household income guidelines set up by the U. S. Department of Labor, and WIA Youth Programs It was further advised that Notice of Obligation has been received from the Virginia Employment Commission authorizing Workforce Area 3 to spend $209,792.00 for the Adult Program, which serves economically disadvantaged persons and $198,544.00 for the Dislocated Worker Program, which serves persons laid off from their jobs through no fault of their own; the Virginia Employment Commission has issued a Notice of Obligation dated September 10, 2002, authorizing Workforce Area 3 to spend a total of $25,000.00 to purchase and install Virginia Workforce Center signs, which funds are available from July 1, 2002 through June 30, 2003; the Fifth District Employment and Training Consortium, pursuant to agreement with the City of Roanoke, administers funding for Workforce activities not included in the identified WIA program categories; and the Consortium has received funding in the amount of $50,000.00 from the State Department of Social Services to operate the Opportunity Knocks Program for Workforce Area 3, which provides services to eligible youth from October 1, 2002 through June 30, 2003. The City Manager recommended that Council appropriate Workforce Investment Act and Fifth District Employment and Training Consortium funding totaling $483,336.00, and increase the revenue estimate by $483,336.00 in accounts to be established in the Consortium Fund by the Director of Finance. Mr. Bestpitch offered the following budget ordinance: (#36131-111802) AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Fifth District Employment and Training Consortium Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 66, Page 514.) Mr. Bestpitch moved the adoption of Ordinance No. 36131-111802. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ............................................. --6. NAYS: None ............................................................ (Council Member Dowe was absent.) SIDEWALK/CURB AND GUTTER.BUDGET-NEWSPAPERS: The City Manager submitted a communication advising that Salem Avenue from Jefferson Street to 5th Street, S. W., was identified as a special project for curb and sidewalk improvements; the first phase, First Street to Second Street in the area of the new Roanoke Times Building, is to be constructed in the summer of 2003; and proposals for design services were received from Hayes, Seay, Mattern & Mattern, Inc., LMW, P.C., and Anderson & Associates, Inc. It was further advised that a selection committee consisting of City employees selected Hayes, Seay, Mattern & Mattern, Inc., as the most qualified for the project; City staff has negotiated an acceptable agreement for the above work in the amount of $54,734.00; funding in the amount of $60,000.00 is needed for the project, with additional funds that exceed the contract amount to be used for miscellaneous project expenses including advertising, printing and unforeseen project expenses; and funding is available from Public Improvement Bonds - Series 2002, Account No. 008-530-9711- 9195. The City Manager recommended that Council transfer $60,000.00 from Public Improvement Bonds - Series 2002, Account No. 008-530-9711-9195, to an account to be established by the Director of Finance entitled, Salem Avenue Streetscape. Mr. Carder offered the following budget ordinance: (#36132-111802) AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second reading by title of the ordinance. ! (For full text of Ordinance, see Ordinance Book No. 66, Page 516.) Mr. Carder moved the adoption of Ordinance No. 36132-111802. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ...................................................... -6. NAYS: None ................................. (Council Member Dowe was absent.) HUMAN DEVELOPMENT-LEASES: The City Manager submitted a communication advising that in November 2001, the City of Roanoke entered into a lease agreement for office space with Blue Eagle Partnership for property located at The Civic Mall, 1501 Williamson Road; the Department of Human Services will relocate its offices to The Civic Mall; term of the lease is for 20 years, commencing on June 1,2003, and expiring on May 31,2023; prior to the commencement date, the Lessor will complete renovations and improvements to the premises in an amount not to exceed $2,497,080.00; in the event that improvements exceed $2,497,080.00, the cost will be amortized over the term of the Lease and such amortization payments will be included in monthly rental 17 payments as additional rent; and additionally, the lease has a nonappropriation provision which provides that the City shall have the right to terminate the Lease without penalty or further obligation in the event Federal, State or Municipal government does not appropriate necessary funds for the lease. It was further advised that both parties desire to amend the Lease Agreement to reflect a dollar limit to the cost of improvements; Blue Eagle Partnership has agreed to be responsible for any costs over and beyond $2,497,080.00, and the City of Roanoke will now be responsible for installation of the computer system and telephone system wiring; additionally, Blue Eagle Partnership's lender has expressed concern over the nonappropriation provision; specifically, the lender is concerned that while State and Federal governments may appropriate funds, it may be appropriated for office space at a different location; and both parties desire the lease to indicate that the City shall have the right to terminate the lease in the event of nonappropriation only if Federal, State or local funding is not appropriated to pay for office space at any location. The City Manager recommended that she be authorized to execute the Lease Amendment in a form approved by the City Attorney. Mr. Carder offered the following ordinance: (#36133-111802) AN ORDINANCE authorizing the City Manager to enter into an amendment to the lease agreement between the City and Blue Eagle Partnership dated November 21,2001, for certain property located at the Civic Mall, 1501 Williamson Road, Roanoke, Virginia, for the Department of Human Services, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 66, Page 517.) Mr. Carder moved the adoption of Ordinance No. 36133-111802. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith .............................................. -6. NAYS: None ............................................................. ----0. (Council Member Dowe was absent.) CITY CODE-RENTAL INSPECTION PROGRAM: The City Manager submitted a communication advising that as authorized by State law, Council instituted a Rental Certificate of Compliance program, pursuant to Section 7-34 of the Code of the City of Roanoke (1979), as amended; the program allows the City to inspect rental properties at the change of tenancy or ownership to protect the health, safety and welfare of residents in rental dwelling units; and the program is limited to core areas of the City that are designated as Conservation Areas, Rehabilitation Districts and areas designated as blighted, pursuant to Section 36-49.1.1, Code of Virginia, 1950, as amended. It was further advised that according to the 2000 census, there are approximately 18,000 rental properties in the City, 4,299 of which are located in Conservation Areas and Rehabilitation Districts; current code enforcement records of the Department of Housing and Neighborhood Services indicate that since inception of the Rental Inspection Program, approximately 2,400 units have been inspected, of which 1,800 or 75 percent have received Certificates of Compliance; however, code enforcement records also indicate that nearly 1,000 rental properties a~'e not inspected, either because their tenancy does not change, or the owners do notlabide by the requirement to have the unit inspected upon turnover; and ultimately, City staff finds that many rental properties, when not the subject of either regular inspections or inspections upon a change in tenancy, may become unsafe, a public nuisance and unfit for human habitation. It was explained that to improve efficiency and effectiveness of the Rental Certificate of Compliance program, it is recommended that Sections 7-34 - 42 of the City Code be amended; specifically, Section 7.37 of the ordinance ensures that all rental properties in the Conservation Areas, Rehabilitation Districts and other areas designated as blighted shall be inspected upon (i) a change of ownership, (ii) a change in tenancy, or (iii) whenever the property is the subject of a separate finding by Council that additional inspections at specific time intervals, not more frequently than once annually, are necessary to protect the public health, safety or welfare, unless the rental property has a valid certificate of compliance, a temporary waiver of compliance certificate, or a certificate of exemption; and if, however, an inspection has been conducted within the last 12-month period, no inspection shall occur upon the termination of a rental tenancy or upon change of ownership (enabling legislation authorizing the latter provision was authorized by the General Assembly in 2002 at the request of the City). The City Manager recommended that Council approve amendments to Sections 7-34 - 42 of the Code of the City of Roanoke (1979), as amended, to streamline the Rental Certificate of Compliance program, and to allow for inspection of rental properties in the Conservation Areas and Rehabilitation Districts, or in other areas designated as blighted, pursuant to the Code of Virginia, 1950, as amended, under certain circumstances. It was noted that the amendments are part of the City's effort to enhance its code enforcement response time and to improve the overall quality of life in residential neighborhoods. Mr. Carder offered the following ordinance: (#36134-111802) AN ORDINANCE amending and reordaining §7-34, Purpose and intent; §7-35, Definitions; §7-36, Applicability; subsections (a) and (b) of §7-37, Inspection and certificate of compliance required; subsections (a), (b) and (c) of §7-38, Exemptions; and subsections (a)(1), (b) and (c) of §7-39, Certificate of exemption; subsections (a) and (b) of §7.40, Issuance of certificate of compliance; subsections (a), (a)(l), (a)(2) and (b) of §7-41, Temporary waiver of compliance; and subsection (a) of §7-42, Display of proof of compliance, of Article III, Rental Certificate of Compliance, of Chapter 7, Building Requlations, of the Code of the City of Roanoke (1979), as amended, to amend the definition of multiple-family rental complex, add the definition of rooming unit, and to repeal the definitions of Uniform Statewide Building Code, Volume I, and Uniform Statewide Building Code, Volume II; to broaden the area of possible application of Article III, Rental Certificate of Compliance; to require inspections under certain conditions; and to exempt certain dwellings, dwelling units and rooming units, from the application of the rental inspection program; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 66, Page 518.) Mr. Carder moved the adoption of Ordinance No. 36134-111802. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ......................................... ---6. NAYS: None ......................................................... --0. (Council Member Dowe was absent.) 2O PARKS AND RECREATION-DONATIONS/CONTRIBUTIONS: The City Manager submitted a communication advising that as outlined in the Department of Parks and Recreation's Comprehensive Master Plan, adopted by Council in May 2000, it was established that all City parks should have fair and suitable distribution of park amenities; currently, Garden City Park's amenities include only a playground, restrooms, and athletic fields; anddue to a limited amount of amenities for surrounding residents and visitors, the Garden City Recreation Club has agreed to play an active role in helping the City of Roanoke provide a park shelter in Garden City Park to help support needed amenities through funds received from the Neighborhood Partnership Grant under the Community Development Block Grant for use toward park improvements. It was further advised that in a proposed Agreement between the City of Roanoke and the Garden City Recreation Club, the Recreation Club will provide all materials and supplies necessary for construction of a 20' x 35' shelter, including a concrete pad, at a total value of $7,500.00; specifications and location of the shelter have been agreed upon between the Garden City Recreation Club and the~ Parks and Recreation Department; once the Recreation Club completes the concretb base, supplies are to be delivered to the City to complete construction of the shelter by the Building Maintenance Department; once the project is completed in March 2003, the City will have full responsibility and rights to the shelter, which include overseeing of maintenance and all rental/usage requirements of the facility; and funding will be available through the operating budget to operate and routinely maintain the picnic shelter. The City Manager recommended that she be authorized to accept donation of the park shelter through execution of the Garden City Shelter Agreement with the Garden City Recreation Club, upon approval as to form by the City Attorney. Mr. Bestpitch offered the following resolution: (#36135-111802) A RESOLUTION authorizing the City Manager to execute an agreement between the City of Roanoke and the Garden City Recreation Club, accepting a donation of materials and supplies, including a concrete pad, for the construction of a 20' x 35' shelter in Garden City Park, upon the terms and conditions set out in the City Manager's letter dated November 18, 2002, to this Council, and expressing appreciation for such donation. (For full text of Resolution, see Resolution Book No. 66, Page 525.) Mr. Bestpitch moved the adoption of Resolution No. 36135-111802. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ......... NAYS: None ..................................... (Council Member Dowe was absent.) The Mayor suggested and Council concurred that the Garden City Recreation Club and the Garden City Civic League should be awarded a "Shining Star" award for their generous donation. REPORTS OF COMMITTEES: COMMITTEES-LEGISLATION: Council Member Carder, Chair, Legislative Committee, submitted a communication advising that on November 4, 2002, City Council's Legislative Committee met to review the proposed 2003 Legislative Program, which is recommended to Council for favorable action; and the School Board's portion of the Program was approved by the Roanoke City School Board at its meeting on November 11, 2002. Mr. Carder advised that approximately 55 legislative items were forwarded to neighborhood groups, labor representatives and business and community organizations to get their input in terms of the City's legislative agenda, and local legislators were involved early on in the process. He explained that the 2003 Legislative Program focused on six specific areas, five of which relate to neighborhood improvements, by either strengthening code enforcement efforts, or two tier real estate authorization which would offer incentives to investment or redevelopment in the City. He expressed appreciation to the Members of City Council, to F. B. Webster Day and William Lindsey, School Board representatives to the Legislative Committee, to Thomas A. Dick, the City's Legislative Liaison, and to William M. Hackworth, City Attorney, for their input and contributions. Mr. Carder offered the following resolution: (#36136-111802) A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2003 Session of the General Assembly. (For full text of Resolution, see Resolution Book No. 66, Page 526.) Mr. Carder moved the adoption of Resolution No. 36136 -11'1802. The motion was seconded by Mr. Cutler. Council Member Cutler advised of receipt of a communication from the Arts Council for the Blue Ridge which acknowledges that the legislative agenda includes a recommendation for a regional funding mechanism to provide a source of funding for cultural, historic and recreational amenities through the Blue Ridge Asset District. The Mayor advised that he would support the 2003 Legislative Program as presented. Resolution No. 36136-111802 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ............................................................................... -6.. NAYS: None ..................................... - ..... 1 ......................... -0. (Council Member Dowe was absent.) BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that Council approve appropriation of $856,000.00 for School Instructional Technology funds, which will be used for the purchase of school instructional technology equipment to enable students in grades six through eight to take the Standards of Learning tests on-line, said continuing program to be one hundred per cent reimbursed by State bond funds, was before the body. A report of the Director of Finance recommending that Council concur in the request, was also before the body. Mr. Carder offered the following budget ordinance: (#36137-111802) AN ORDINANCE to amend and reordain certain sections of the 2002-2003 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 66, Page 527.) Mr. Carder moved the adoption of Ordinance No. 36137-111802. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor smith ......................................... NAYS: None .................................................................. -0. (Council Member Dowe was absent.) SCHOOLS: A communication from the Roanoke City School Board requesting that Council approve a State Literary Fund loan application, in the amount of $1.3 million, for improvements to Lincoln Terrace Elementary School, was before the body. It was further advised that the loan application includes resolutions for architectural supervision and a site waiver; debt service on the loan will increase the School Board's debt service expenditure by $104,000.00, commencing in fiscal year 2004-2005, but no debt service liability is incurred until funds are drawn against the loan account. Mr. Bestpitch offered the following resolution: (#36138-111802) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Lincoln Terrace Elementary School. (For full text of Resolution, see Resolution Book No. 66, Page 528.) Mr. Bestpitch moved the adoption of Resolution No. 36138-111802. The motion Was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith .................................................................. -6. NAYS: None ................................................................... --------0. (Council Member Dowe was absent,) Mr. Bestpitch offered the following resolution: (#36139-111802) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Lincoln Terrace Elementary and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 66, Page 529.) Mr. Bestpitch moved the adoption of Resolution No. 36139-111802. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt and Mayor Smith ............................................................................ -6. NAYS: None ........................................... (Council Member Dowe was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND ~IEMBERS OF COUNCIL: EMERGENCY SERVICES-WATER RESOURCES: Council Member Cutler announced a Pre-Disaster Mitigation and Remediation Conference and Workshop to be held on November 21-22, 2002, at The Hotel Roanoke, to be sponsored by The Cabell Brand Center, the Virginia Housing Development Network and Shenandoah Valley Project Impact, to provide information on water shed management opportunities. BUDGET- PENSIONS: At the suggestion of Vice-Mayor Harris and concurred in by Council, the matter of a cost-of-living adjustment for City retirees was referred to 2003-2004 budget study. BUDGET-CITY EMPLOYEES: In view of the revenue shortfall, when preparing the budget for fiscal year 2003-2004, Council Member Wyatt requested that the City Manager consider all options, including service reductions, in lieu of laying off City employees. TRAFFIC.STREETS AND ALLEYS: Council Member Carder referred to communications from residents of Brandon Oaks retirement community in regard to speeding on Brandon Avenue, S. W., and requested that the City Manager review arterial streets, including Brandon Avenue, with regard to potential traffic calming measures. TRAFFIC-ROANOKE CiViC CENTER: Council Member Carder commended the work of Roanoke Civic Center staff with regard to the coordination of a multitude of events, and traffic calming measures at the Civic Center. CITY EMPLOYEES: Council Member Bestpitch requested that the City Manager submit a recommendation to Council at its meeting on Monday, December 2, 2002, with regard to holiday leave for City employees. PARKS AND RECREATION-ACTS OF ACKNOWLEDGMENT- LANDMARKS/HISTORIC PRESERVATION: The Mayor extended an invitation to the Members of Council and citizens to attend a ceremony dedicating a historic plaque at the Mill Mountain Star on Wednesday, November 27, 2002, at 12:00 noon. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard, and matters requiring referral to the City Manager will be referred immediately for any necessary and appropriate response, recommendation or report to Council. No citizen registered to speak. CITY MANAGER COMMENTS: WATER RESOURCES: The City Manager called upon Michael McEvoy, Director of Utilities, for a briefing on the water level at the Carvins Cove Reservoir; whereupon, he advised that as of November 18, 2002, Carvins Cove was at 25.2 feet below spillway, which is approximately nine feet from the lowest point beginning in mid October, 2002. The City Manager advised that the City does not intend to lift full mandatory water restrictions until the Carvins Cove Reservoir reaches 22 feet below spillway and voluntary conservation will be in effect until the reservoir reaches 15 feet below spillway. She further advised that while the City has experienced substantial rainfall and the Governor has lifted State restrictions, the City of Roanoke, as a community, should continue to conserve water. TRAFFIC-ROANOKE CIVIC CENTER: The City Manager commended City staff on traffic management at the Roanoke Civic Center, and surrounding areas. RECYCLING: THE City Manager advised that the City of Roanoke is 18 tons short of reaching its 300 ton per month goal for recyclables, at which point the City would pay no acceptance fees to its recycling vendor. She stated that the majority of paper products that have not been exposed to food waste can be recycled, and encouraged citizens to recycle holiday wrapping paper, with the exception of foil paper. At 3:55 p.m., the Mayor declared the meeting in recess to be immediately reconvened in the City Council's Conference Room for a briefing on relocation of utilities, overhead to underground. At 4:00 p.m., the meeting reconvened in the Council's Conference Room. UTILITIES: The City Manager advised that the Members of Council previously expressed a desire to learn more about the possibility for additional undergrounding of utilities in the City of Roanoke, and particularly in some of the older neighborhoods; therefore, City staff has prepared a presentation that will provide essential background in considering the issue as the City moves forward in the Vision 2001-2020 Plan. Robert K. Bengtson, Director of Public Works, advised that the Department of Public Works, and the Department of Planning and Building Development have researched the matter to identify issues and available opportunities. He called upon Christopher Chittum, Senior Planner, for a detailed briefing and introduced Terry McMahan, Manager of Distribution for American Electric Power, to respond to any questions on behalf of AEP. Mr. Chittum presented an overview of issues associated with relocation of utilities and advised that the purpose of the briefing is to identify some of the opportunities and alternatives in order to begin to make progress. He advised that after researching other localities, it was determined that there is widespread concern, projects are limited to smaller areas, and undergrounding is a key economic development and revitalization tool. He stated that the various approaches include relocation underground, relocation to alleys, consolidation on fewer poles, planting more street trees, and the impact is cluttered street scapes and overall visual quality of the City. He reviewed various options: underground relocation which comes at a very high cost and is the most effective method, the issue of street lights, and cost to property owners converting to underground service drops. He showed examples of overhead utilities on Tazewell Avenue and utilities located in an alley on Wasena Avenue. He advised that the second option is consolidation, which can reduce but not eliminate visual clutter, there are issues with street trees, relatively Iow cost, and most locations have utilities consolidated to one side. He noted that the third option is alley relocation which costs less than underground relocation, is effective in reducing clutter on streets, allows larger street trees, some utilities are already located in alleys, there is less cost to property owners, and access issues. He explained that current policies are set out in the Subdivision Ordinance which requires utility lines for new subdivisions to be located at the rear, the ordinance "strongly encourages" underground wiring, distribution lines must be located underground in some districts; and past efforts of the City have been limited to core areas in downtown. 27 Mr. Chittum advised that Roanoke Vision 2001-2020 recommends alley relocation, relocation underground and consolidation, and implementation requires a long range approach. He stated that priorities include looking atthe remaining portions of downtown that still have above ground utilities, and looking at village centers and other residential neighborhoods. He added that other opportunities include installing conduit as a part of road projects and redevelopment projects with VDOT sharing in the cost, and the City bearing about one-half of the cost, and street trees can reduce the visual impact (examples on Winona Avenue were presented). He explained that funding is the biggest obstacle and funding sources could supplement financing by the City and utilities, such as Transportation Enhancement funds and special assessment districts for area-specific projects. He advised that ideas for action include: Identifying City priorities for the future, Long range strategy in order to spread cost over timet Short range for consolidation, Include relocation in planning major projects, Amend the Subdivision Ordinance to require underground wiring in new subdivisions and require underground service distributions in all districts, Regular funding in ClP and operating budgets, and Demonstration projects. Mr. McMahan advised that when one sees an overhead facility, one is actually seeing primarily telephone cable and secondary voltage cable, which are more visible and are most objectionable when driving down the highway and wires are highlighted against the sky as they cross the roadway. He stated that an interim solution could be to leave the poles and wire intact and place all service to the house underground. He mentioned the possibility of working with the telephone company to place the transformer underground as well. He contended that if those actions ara taken, aesthetics would be improved by about 75 per cent and could be done at a cost of approximately 25 per cent of installing utilities underground. A suggestion was offered that the black cable be replaced with white or grey cable, and that utility poles be painted which would be more aesthetically pleasing and blend into the skyline. It was suggested that a plan should be developed that is within the financial resources of the City and its Comprehensive Plan. Question was raised as to the cost per house to install underground wiring; whereupon, Mr. McMahan advised that from the perspective of the power company, it would cost approximately $500.00 or less, and the cable television and telephone companies would most likely not charge for the service. The City Manager advised that Council could enact a policy decision requiring that all new subdivisions have underground wiring. Brian Townsend, Director, Planning and Code Enforcement, advised that further information would be provided to Council in regard to costs to developers/home owners for undergrounding of utilities. The City Manager advised that at some point, the City should impose the same requirements on developers that are imposed on others. She stated that the City should resist the mindset that it must have lesser cost for development in order for development to occur. She added that the City of Roanoke has given up a lot of things for a long time and it must decide if it wants quality development which is expensive and is a decision that the Council will have to make. She advised that in other areas, developers are installing street lights and undergrounding utilities and they are selling houses at a fast pace in those areas. Therefore, she stated that the City needs to think about the importance of its future and make a policy decision to address the issue. The City Manager further advised that a master plan is needed which will set forth which areas will be addressed first, the most efficient way to address the issue because in some areas it may be better to select alleys, others may require undergrounding, and others may require some form of consolidation. She stated that if there is sufficient interest on the part of Council, City staff will develop a master plan and staff will look to Council for direction. It was the consensus of Council that City staff will prepare a master plan, taking into consideration the City's fiscal responsibilities and constraints, leading to a long term plan. Mr. McMahan advised of the willingness of American Electric Power to work with the City because that which is arrived at jointly will be a better solution than that which is arrived at unilaterally. Council Member Wyatt asked that AEP consider changing the color of utility wires to white or grey, in lieu of the basic black. There being no further business, at 4:50 p.m., the Mayor declared the meeting in recess, and Council convened in Closed Session. At 5:10 p.m., the Mayor declared the Council meeting in recess, for a joint meeting of City Council and the Roanoke Arts Commission. At 5:15 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Smith and Roanoke Arts Commission Chair Mark C. McConnel presiding. COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder, M. Rupert Cutler, C. Nelson Harris and Mayor Ralph K. Smith ............................ 5. COUNCIL MEMBERS ABSENT: Alfred T. Dowe, Jr. and Linda F. Wyatt ........ -2. ROANOKE ARTS COMMISSION MEMBERS PRESENT: Susan W. Jennings, Kathleen W. Lunsford, Anna Wentworth, Betty Branch, Charles E. Jordan, Frank J. Eastburn, Robert Humphrey, and Mark C. McConnel, Chair. ROANOKE ARTS COMMISSION MEMBERS ABSENT: Susannah Koerber, George Kegley, Ann L. Weinstein, Michael Brennan, and Courtney Penn. OTHERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance, Mary F. Parker, City Clerk; George C. Snead, Jr., Assistant City Manager for Operations; and Rolanda Russell, Assistant City Manager for Community Development. COUNCIL-ROANOKE ARTS COMMISSION: Mr. McConnel worked with a power point presentation explaining that the Arts Commission was created in 1983, pursuant to Ordinance No. 26537 to advise and assist Council on matters relating to the advancement of the arts and humanities within the City of Roanoke; the ordinance also referred to funding for the arts, evaluation of the appropriateness of gifts, evaluation of 3O the appropriateness of City sponsorship of certain cultural events, care of historic landmarks, and maintenance of the City's art collection. He presented examples of the City's art collection. He advised that historically, the work of the Roanoke Arts Commission has varied greatly; over the past several years, the Commission has been involved with the High School Art Show and 16 high schools participate in the Art Show which is coordinated and funded to some degree by the Arts Commission; and the Arts Commission also oversees the City's art collection which includes cataloging, maintenance, and installation when new pieces of art are acquired. He further advised that in past years, the Arts Commission has been involved in acquisition of new pieces of art for the City, and it offers advice on the purchase of art, display, and the sale of art. He called attention to recent activities including Art of the Week which is e-mailed weekly to City officials and staff and offers the opportunity to see the work of various artists; next year's City calendar will contain images of the City's art collection; a catalog of City-owned art will be made available to the public; improvements will be made to that area at the Roanoke Public Library which houses art and art book collections which requires reconflguring space, and adding shelves, etc.; there will be a renewed attention to the City's collection of library books by initiating a program to solicit donations of art related books, catalogs of recent shows, etc.; initiation of a series of lectures by persons from the arts community; providing assistance to public bodies with regard to public art issues, such as assisting the Roanoke Higher Education Center with its capital campaign which will include installation of art in the Higher Education Center at appropriate locations; and assisting the Police Department in memorializing fallen police officers by providing guidance in the selection of a piece of art that will be unique and of lasting durability and beauty. With regard to important recent developments, Mr. McConnel advised that the Arts Commission is pleased with the revised guidelines for the Percent for Arts Program, which has existed for approximately six years without clear guidelines; however, a recent revision provides the necessary clarification. He explained that Percent for Arts is a national program in which approximately 390 cities across the country participate and six states have adopted a Statewide Percent for Arts Program relating to State construction projects. He noted that this method of funding art makes sense because art is being funded only when a city is materially growing and the art work to be installed and funded by the Percent for Arts program is tied to a City's master plan. Mr. McConnel advised that the Public Arts Plan will be a major thrust for the Roanoke Arts Commission, because the Arts Commission has been aware for quite 3] some time that as large public art installations became available to the City, there was no cohesive plan for installation to ensure geographic diversity so that all parts of the City are addressed in an artistic way. He noted that the Arts Commission encourages the involvement of all neighborhoods and community groups that will be affected by the public arts plan; and the Commission is also concerned about typological diversity because not every piece of art is a beautiful statue, or a mosaic, or a fiat piece of art hanging on a wall. He called attention to the desire to address creation of diverse outdoor performance art expenditures in the public arts plan and because it is difficult to collect performance art, there is a tendency to think only in terms of investing in visual arts. He noted that another primary issue is the viewing of the public arts plan as a way to leverage Percent for Arts dollars to achieve a greater outcome for the public good; national grants for public art installations have matching requirements; and expertise on the Arts Commission can be used to look for these opportunities, to partner with outside funding sources, and to leverage the City's contributions to the Percent for Arts program to achieve greater good for the entire City. He advised that when the master plan is complete, the Arts Commission would like for the plan to be included a.s an adjunct to the City's Vision 2001-2020 Comprehjensive Plan; and the Arts Commission would like to build consensus in regard to the public arts plan by encouraging neighborhood input. He explained that the Agency Funding Advisory Committee is a subcommittee of the Arts Commission and was formerly known as the Cultural Services Committee; the Agency Funding Advisory Committee is composed of members of the Arts Commission, with assistance of the City's Economic Development Department, and receives proposals from various cultural institutions in the City of Roanoke for funding assistance. He stated that the Advisory Committee is charged with the responsibility of reviewing applications and alloting funds allocated by Council to the various organizations depending on the programs proposed to be funded. He noted that in an effort to work with these institutions, the Arts Commission holds its meetings in various locations to observe first hand the work of the various agencies/organizations, which enables the Arts Commission to better envision the specific needs of the agencies when they petition for funds. He explained that the application for funding through the Agency Funding Advisory Committee will be revised in an effort to streamline the process, because it is important to protect the interests of the City and for the City to know how funds are used by the various agencies. Mr. McConnel addressed the future of the Arts Commission, and called attention to discussions with regard to the Arts Commission coming under the purview of the City's Economic Development Department because art and public art is significantly an economic development tool. He advised that in 1999, Virginia Tech completed a study which showed that the arts, in a period of one year, contributed approximately $15 million to the Roanoke Valley. Mr. McConnel advised that the Percent for Art Committee, as originally organized, has ceased to exist because the funding mechanism has become straightforward and simplified by the revised guidelines, and art installation and selection will fall into the master plan concept. He called attention to the following standing subcommittees of the Arts Commission; Nominating, Agency Funding Advisory Committee, Public Arts Planning, Library, Maintenance, and Public Information, and noted that the Arts Commission is anxious to receive input from City Council and the citizenry in general. As to the future of the Arts Commission, Mr. McConnel advised that the Commission is currently in the research and planning stage of the Public Arts Plan~ and it encourages intense public and Council involvement, which will involve approximately an 18 to 24 month time frame. He stated that the Deputy Chief, Division of Cultural Affairs, Arlington, Virginia, has been contacted for assistance, since the City of Arlington has recently undertaken a large public arts plan, and the Deputy Chief will meet with the Arts Commission to discuss Roanoke's establishment of a public arts plan. He advised that the Arts Commission views itself as facilitators with the desire to infuse art in every aspect of the lives of Roanoke's citizens. The Chairman advised that the Arts Commission would like to regularize funding, meet with the City Engineer to understand multi-year projections, and initiate a program for long term maintenance of the City's art collection. Mr. Humphrey distributed copy of a map of the Seattle, Washington, area depicting the locations of public art. Mr. McConnel explained that in the year 2003, the arts master plan will not be in place, but there will be opportunities for public art installations and the use of public funds for this economic development tool; the Arts Commission proposes to use a 33 portion of the City's allocation to help fund the master plan; the Dorothy Gillespie mural on the side of Kirk Avenue Antiques is in need of restoration; there is an opportunity for a signature sculpture at the Roanoke Civic Center to coincide with certain renovations; the Highland Park stage needs to be enhanced; and the Arts Commission has been working with the Parks and Recreation Department in regard to public art along the greenways. He called attention to the Seattle, Washington map that was previously distributed that shows "earth works", which is envisioned by the Arts Commission as art along Roanoke's greenways, rather than plant materials or flower beds which are considered to be landscaping. He reiterated the potential for a sculpture or some type of art intervention at the Roanoke Civic Center, which is a public place that is seen by thousands of persons annually. He called attention to the importance of building a collaborative relationship with City Council, one in which the Arts Commission would develop all art procured by the City and act as the City's agent, soliciting artists' ideas and engage in a selection process, while keeping Council informed at the various stages as to what is taking place and provide an opportunity for input at any time in the process, and contract with artists to develop art works that are appropriate for specific Ioc/ations. He explained that public art is site specific and the original Percent for Art Program in many cities ties art to a specific location, which will occur in the City of Roanoke with the proposed arts master plan. Council Member Cutler inquired as to how the Arts Commission will prepare the envisaged public art supplement to the new Comprehensive Plan (Vision 2001-2020), process and timetable. Mr. Humphrey responded that there is a time frame of about 18-24 months to complete the public art plan for inclusion in the City's Comprehensive Plan; and the Arts Commission encourages input by Council and the public; the plan is currently in the research stage, there is a desire to infuse art throughout the City and to discourage communities from vying against one another for public art, and the Arts Commission proposes to hold public meetings to develop a consensus by citizens regarding public art. Mr. Cutler inquired if an inventory of potential sites would be prepared; whereupon, Mr. Humphrey answered in the affirmative. Mr. McConnel stated that there are obvious potential sites, particularly if one looks at the Vision Plan with the emphasis on village centers. He cited the new art museum as a location for artistic intervention, and noted that the Vision 2001-2020 Plan could be used as a stepping stone. 34 Mr. Cutler referenced the Dr. Martin Luther King, Jr., memorial issue; whereupon, Mr. McConnel advised that it should be left up to the citizenry to say where a certain piece of art should or should not be located, because the recommendation of the Arts Commission is to not stipulate meaning and design, but rather location and intent. Mr. Humphrey called attention to discussions by the Arts Commission in regard to using a portion of the Percent for Art funds for a matching neighborhood fund grant; i.e.: if a neighborhood was desirous of creating a memorial for someone, they could submit a proposal to the Arts Commission and request a matching fund grant. The City Manager inquired if the Arts Commission was of the mind to use Percent for Art monies to hire a consultant to create the master plan; whereupon, Mr. McConnel advised that the Arts Commission would like to retain the services of a consultant with expertise in designing public arts plans, and it would appear to be appropriate to use a portion of the first allocation of funds for the purpose of funding or partially funding the master plan, because it is just as important to lay the proper groundwork as it is to purchase the art. Mr. Cutler inquired as to how the Arts Commission proposes to proceed with the probable opportunity to provide an outdoor sculpture at the Roanoke Civic Center and/or at the new stadium/amphitheater. What does the Arts Commission envision the role of City Council to be in the process? Mr. McConnel responded that first the Arts Commission should submit a recommendation to Council and if Council is of the opinion that it is a worthwhile application of Percent for Art funds, the Arts Commission would begin to determine how, where, and what kind of art should be selected, submit a recommendation to Council, and a request for proposals would then be forwarded to the arts community. Mr. Cutler inquired if the Arts Commission has considered revising the City grant application guidelines for local charitable nonprofit organizations to allow those organizations to request unrestricted operating support to fund core staffand overhead expenses, as well as grants restricted to special projects? Ms. Jennings responded that the Roanoke Arts Council has been engaged as the monitoring agency for the City's grant money which is allocated to various organizations; previously, organizations could apply for general operating support, however, approximately five years ago, an emphasis was placed on programming, therefore, applications were submitted for programming and not for general operating support. She explained that many times, funds that are intended for general operating support are dressed in the guise of a program, and it would be much easier if agencies could state that the request is intended to be used for general operating support. Vice-Mayor Harris stated that it is a policy decision that rests with City Council. He explained that from the Council's vantage point, the agency was not being served in a healthy way by allowing the agency to build operational capacity off of a year to year funding source; Council was of the opinion that it could not guarantee that funding would be in place for the future; and consequently, when funding was not available, Council was faced with dealing with the problems of agencies that could not continue to operate. He noted that the policy adjustment was made to try and facilitate organizations to operate on a better footing while Council, through this mechanism, tried to assist with special projects or programs. He advised that he did not disagree on the premise that art organizations in today's environment need help, but Council made the policy decision so as not to mislead organizations. The Vice-Mayor called attention to the need for a s~gnature art piece at the Roanoke Civic Center; and the need to create public art and public art space in the neighborhoods, because so much of the City's public art is located in the core downtown ama or some of the larger municipal facilities. He cited the intersection of Main Street and Brandon Avenue as an ideal location for a piece of public art, and called attention to gateways into Roanoke's neighborhoods or in locations where main arteries intersect that have space for public art. He concurred in the statement that a portion of the Public Arts Plan should be to broaden, geographically, those points of influence where public art could be placed. He stated some of Roanoke's older neighborhoods are approaching their Centennial and there should be opportunities to discuss with neighborhood businesses or civic organizations the concept of becoming a funding partner in creating a piece of art that would emphasis their centennial. Council Member Bestpitch expressed concern with regard to restricting a large portion of funds received by cultural service agencies to special projects because in order to be meaningful, there should be a type of needs assessment or evaluation of the most important issues, otherwise criteria and priorities will be made up, and even with the competitive process, an evaluation will be made against unsubstantiated methodologies in terms of how to rank the different requests. In summary, he stated that the effectiveness of programs should be reviewed to identify ways to leverage funding to help an agency perform its tasks and them should be mom discussion on the issue in order for Council to reach a policy decision. Vice-Mayor Harris suggested that the Arts Commission advise Council Member Bestpitch, Chair, City Council's Budget and Planning Committee, if a policy decision by Council is necessary. Mr. Carder advised that it is much easier for the City to quantify and qualify criteria that is program-based, rather than operations-based, because it is difficult to weigh the good of one organization compared with another. As with all other Council- Appointed committees, commissions, boards, and authorities, he stated that it is important for the Arts Commission to work through the City Manager prior to submitting recommendations to Council; whereupon, Mr. McConnel explained that the Arts Commission works under and with the Economic Development Department relative to the entire grant application process, the application is under review by the Department of Management and Budget, and the Arts Commission submits its recommendations through City staff to Council. Council Member Carder suggested that the City's art collection be displayed in neighborhoods, public schools, and the Higher Education Center, etc., thereby making the collection more accessible to Roanoke's citizens. Mr. McConnel responded that art is currently on display in the Municipal Building, the Courthouse, the Civic Center, and the Library, and the City's art collection is large enough that pieces could be pulled for a traveling art show throughout the City of Roanoke. With reference to the location of public art pieces, Mayor Smith advised that when he acquires a piece of art, he considem the specific item, the location for display of the item, and funding issues. He stated that funding issues must be more structured in the arts plan of a governmental body than that of an individual, but art happens with ideas, and it is hoped that the City's art funds will not be totally depleted so that funds will be available if the right piece of art comes along for a specific location. Mr. McConnel advised that the Public Arts Plan will be updated annually, and as opportunities come to the forefront, they can be utilized, thereby making the arts plan more flexible. 37 Mr. Jordan called attention to situations where organizations appear before the Agency Funding Advisory Committee for funds, and it is known that the money will be used for operating expenses, but the organization has prepared a program to justify the request, therefore, the organizations should be relieved of the burden of that responsibility. He cited the Harrison Museum of African-American Culture as an example of an organization that should not have to come before the Agency Funding Advisory Committee, but should be a line item in the City's budget. Ms. Wentworth advised that she is currently working on cataloging art owned by the City, and expressed concern with regard to proper maintenance of the City's art collection. She added that much of the art is not accessible to the public, and she spoke in support of the purchase of more art for public buildings throughout the City. With regard to funding organizations through the Agency Funding Advisory Committee, Ms. Lunsford advised that there should be some middle ground, and rather than requiring that funds be used for a program, there could be a requirement for justification as to how the funds will be expended; .and speaking as a member of the Agency Funding Advisory Committee, the funding process should not be so complicated. She stated that she is working on the Public Arts Plan, and a pool of names is being developed of persons in City government and in the neighborhoods who might be called upon for input and assistance. With reference to the issue of operating versus program funding for the various agencies requesting funds through the Agency Funding Advisory Committee, Ms. Jennings advised that when the switch was made to program funding, some organizations pulled out of the cultural services funding category and went into line item funding within the City's budget,-such as Center in the Square and Virginia Amateur Sports. She stated that this presents an inequitable situation when some organizations are treated as line items in the budget and receive operational funds, while others are trying to come up with programs, therefore, the inequity should be addressed. Dr. Eastburn expressed concern with the role of the Arts Commission as an advocate, and explained that organizations have lost their direct contact with City Council. He called attention to the need to develop a mechanism in which the Arts Commission can filter complaints and concerns of various organizations and relate those concerns to City Council, as opposed to the organizations coming directly to City Council. Mr. Humphrey stated that the Arts Commission is composed of well-qualified individuals who ars trying to be fiscally responsible stewards of art in the City of Roanoke, with the goal of developing a better art collection, maintaining the collection, and supporting cultural organizations in the City of Roanoke. He stated that citizens and the City as a whole benefit from having an art collection and cultural organizations, all of which bring more economic development to the area. There being no further business to be discussed, at 6:35 p.m., the Mayor declared the City Council meeting in recess and Council reconvened in Closed Session in the Council's Conference Room, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke. At 7:00 p.m., on Monday, November 18, 2002, the City Council meeting reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Ralph K. Smith presiding. PRESENT: Council Members William D. Bestpitch, William H. Carder, M. Rupert Cutler, C. Nelson Harris, and Mayor Ralph K. Smith .................................... 5. ABSENT: Council Members Alfred T. Dowe, Jr., and Linda F. Wyatt .......... -2. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Council Member Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PUBLIC HEARINGS: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 18, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Western Virginia Foundation for the Arts and Sciences, that a portion of Shenandoah Avenue, N. E., lying adjacent to parcels of land bearing Official Tax Nos. 3013603 and 3013604, be permanently vacated, discontinued and closed, the matter was befors the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 1, 2002 and Friday, November 8, 2002. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the petitioner requests the portion of right-of way on Shenandoah Avenue to add to its site for the redevelopment of Official Tax Nos. 3013603 and 3013604; the two parcels of land house the former Norfolk and Western Passenger Station; and the petitioner plans to rehabilitate the structure to accommodate a visitors bureau and museum, was before the Council. The City Planning Commission recommended that Council approve the request, subject certain conditions. Stephen W. Lemon, Attorney, appeared before Council in support of the request of his client, t Mr. Carder offered the following ordinance. (#36140-111802) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 64, Page 530.) Mr. Carder moved the adoption of Ordinance No. 36140-111802. The motion was seconded by Mr. Bestpitch. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion by Council, Ordinance No. 36140-111802 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, and Mayor Smith-m--5. NAYS: None ............................................................................... -0. (Council Members Dowe and Wyatt were absent.) 40 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 18, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Michael A. Wells that the rear 25 feet x 50 feet portion of Official Tax No. 2761421 be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner; and that conditions set forth in Ordinance No. 32294-121994 for property located at the corner of Virginia Avenue and Westside Boulevard, N. W., designated as Official Tax No. 2761409, be repealed and replaced with new conditions, the matterwas before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 1, 2002 and Friday, November 8, 2002. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that sole use of the subject property to be rezoned shall be an automobile cleaning facility, was before Council. It was further advised that zoning of most of Virginia Avenue is RS-3, Residential Single Family District; the southeastern corner of Virginia Avenue and Westside Boulevard is zoned C-'I, Office District, with conditions (rezoned in 1989); properties on Melrose Avenue are zoned C-2, General Commercial District; land uses reflect the zoning pattern; the land use along Virginia Avenue is primarily residential; land use of properties facing Melrose Avenue is commercial; the property is not an appropriate area for commercial expansion because of its residential nature; the property is not located in an identifiable commercial center; though the property is adjacent to strip commercial development, it demarcates the change between residential and commercial uses; the Melrose Avenue corridor has an abundance of commercially-zoned property that is currently vacant; according to real estate records, 34 properties are both vacantJunderutilized and zoned C-2 within one-half mile of the property; eight such properties are located within one mile of the site; and rather than encourage encroachment into an established residential area, a majority of the City Planning Commission believes that existing commercially-zoned property is available and should be occupied before expansion of the commercial district is considered. The City Planning Commission recommended that Council deny the request, advising that the proposed rezoning is not in accordance with Vision 2001-2020; and there are numerous other vacantJunderutilized properties in the immediate area that ara currently zoned C-2. 4] Mr. Carder moved that the following ordinance be placed upon its first reading:. (#36141) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 276, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property bearing Official Tax No. 2761409, previously conditionally rezoned C-2, General Commercial District, by the adoption of Ordinance No. 32294-121994, and to rezone a portion of property bearing Official Tax No. 276142'1 from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions. (For full text of Ordinance, see Ordinance Book No. 64, Page 534.) The motion was seconded by Mr. Cutler. RoyV. Creasy, Attorney, appeared before Council in support of the request of his client. He advised that Mr. Wells owns two parcels of land on Virginia Avenue, and in 1994 the rear portion of one of the lots, 50 feet wide, was re~oned which enabled his client to construct a facility for Vehicle cleaning and detailingJ He stated that Mr. Wells is now requesting another 50 foot extension of adjacent land which would permit him to construct a building to store vehicles in inclement weather and would enable him to conduct his business in a more efficient and productive manner. He called attention to proffers that address screening of the property and hours of operation so as not to unreasonably interfere with the neighborhood. On behalf of his client, he asked that CoUncil approve the request. The Mayor inquired if there were persons who would like to be heard in connection with the matter. Ms. Betty McCormick, 3826 Virginia Avenue, N. W., advised that the car washing establishment is too close to the intersection of Melrose Avenue and Westside Boulevard, and called attention to the potential of a traffic accident when vehicles on Melrose Avenue are stopped so that care may enter and exit Mr. Wells' facility. She stated that Mr. Wells parks vehicles throughout the neighborhood, there is inadequate drainage, and construction work takes place around the facility, but there are no visible signs of a building permit. She called attention to the City's water shortage and the availability of property in the area that is currently zoned for such a facility. She invited the Members of Council to her home to see firsthand what she is forced to look at on a daily basis. She advised that residents of the area are not against Mr. Wells, but they are against the expansion of his car washing business into their backyards. 42 Mr. Mike Shepherd, 3829 Virginia Avenue, N. W., expressed opposition to the request. He advised that Mr. Wells has been trying to rezone his residential property for business purposes for quite some time in an effort to expand his business, and by further rezoning of the property, the City is allowing Mr. Wells to infringe on the rights of his neighbors and the community overall. He called attention to instances when Mr. Wells has violated the City's water restrictions by washing his personal vehicles. He advised that the City Planning Commission voted to deny the request and asked that Council take the same action. Mr. David Mitchell, 3910 Virginia Avenue, N. W., advised that his home is located next door to Mr. Wells' establishment; houses in the area are built on solid shell and if further construction is allowed, he is concerned that the shell will shift, thus causing the foundation of his house to shift. He expressed concern with regard to Mr. Wells' business and whether it will benefit the neighborhood in any way. Mr. Daniel Hale, 4425 Aleva Street, N. W., spoke in support of the request of Mr. Wells and advised that all complaints have been addressed. He stated that Mr. Wells has tried to improve and to invest in the neighborhood in various ways and to conduct his business in a forth right manner. Therefore, he requested that Council vote in support of the request of Mr. Wells to expand his business. Mr. Fred Galloway, 3402 Kershaw Road, N. W., advised that Mr. Wells needs to expand his business, but he cannot afford to rent another building that is appropriately zoned. He stated that too many buildings in the City of Roanoke have already been boarded up, therefore, he appeared before Council on behalf of Mr. Wells to request that he be permitted to increase the size of his building, in order to conduct his business in a more efficient manner. Mr. Robert Gravely, 617 Hanover Avenue, N. W., spoke on behalf of the request of Mr. Wells. He stated that each time a person of color tries to make improvements within the community, there is some type of adverse reaction by the community; and each time they try to do something pertaining to their culture, or to their business, or simply to better themselves, they come up against obstacles within the community, or within the system itself. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke in support of the request of Mr. Wells. She advised that Mr. Wells' petition to expand his car washing business represents economic development, which is always encouraged and supported by City 43 Council and City staff. Also, she added that Mr. Wells pays taxes to the City of Roanoke and he will pay even more taxes if he is allowed to expand the size of his business. With reference to a previous complaint involving Melrose Avenue traffic, she advised that Mr. Wells' business is located on the west side of Melrose Avenue and traffic coming from Melrose Avenue would enter on the east side of the street. She stated that Mr. Wells proposed improvements do not infringe on the residential community because at least three businesses currently operate in the area in addition to Mr. Wells establishment. She asked that Council view the matter from an economic development standpoint and for the betterment of the City of Roanoke and approve the request. Ms. Brenda Hale, 3595 Parkwood Drive, S. W., spoke in support of the request of Mr. Wells inasmuch as he is a minority entrepreneur who has accomplished a great deal. She advised that Council has a responsibility to represent persons from over 70 nations who reside in the Roanoke community; the African-American community has a lot of history; Mr. Wells is changing and evolving in his business which has been well documented over the years, and his growth and development should not be stifled as a minority entrepreneur. She stated that Roanoke is a beautiful city and its citizens want to move forward, but there is bias in the City of Roanol~e which can be changed if all citizens work together to enable the Star City to provide a united environment. She asked that Council exercise its fiduciary responsibilities this evening, and, in the future, it is hoped that more minority business owners will come forth with the knowledge that they can be successful as a minority businessman, businesswoman, or entrepreneur in the City of Roanoke. There being no further speakers, the Mayor declared the public hearing closed. There being no discussion by Council, Ordinance No. 36134 was adopted, on its first reading, by the following vote: AYES: Council Members Carder, Cutler, Harris, and Mayor Smith ........... --4. NAYS: Council Member Bestpitch ................................... (Council Members Dowe and Wyatt were absent.) BUILDINGS/BUILDING DEPARTMENT-DONATIONS/CONTRIBUTIONS-CITY PROPERTY: The City Manager submitted a communication advising that Robert E. Zimmerman, owner of property located at 351 Salem Avenue, S. W., has offered to 44 donate to the City a parcel of land containing approximately .210 acre of land, which property is identified as Official Tax No. 1010106, and is located adjacent to a City- owned parcel of land that is currently utilized as a satellite office and parking for City vehicles. She further advised that the building on the property was recently destroyed by fire, leaving the assessed value of the land at $47,000.00; and the City intends to demolish the building after the property is conveyed. The City Manager recommended that she be authorized to accept donation of the above referenced property, subject to satisfactory environmental site inspection. Mr. Carder offered the following ordinance: (#36142-111802) AN ORDINANCE authoring acceptance of the donation of a parcel of land by Robert E. Zimmerman, (For full text of Ordinance, see Ordinance Book No. 66, Page 533.) Mr. Carder moved the adoption of Ordinance No. 36142-111802. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, and Mayor Smith .... 5. NAYS: None ............................................................................... -0. (Council Members Dowe and Wyatt were absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard, and matters requiring referral to the City Manager will be referred immediately for any necessary and appropriate response, recommendation or report to Council. POLICE DEPARTMENT-TRAFFIC-COMPLAINTS-REFUSE COLLECTION- NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY- NEWSPAPERS- DOWNTOWN NORTH: Ms. Helen E. Davis, 35 Patton Avenue, N. E., concurred in earlier remarks presented by Mr. E. Duane Howard with regard to a memorial for fallen law enforcement officers (agenda item 6.a.3). With regard to enacting budget cuts, she requested that consideration be given to the cost of publishing the Roanoke City Magazine versus the cost of including a City of Roanoke information insert in 45 The Roanoke Times. She referred to agenda item 6.a.4 which was approved by Council at the 2:00 p.m. session, in regard to the use of competitive negotiation as the method to secure vendors to engage a company to develop City-owned property along Gainsboro Road, and called attention to a past commitment of the City administration that the three Gainsboro neighborhood organizations would be notified as to any actions proposed by the City for the Gainsboro community; however, residents were not aware of the above referenced agenda item. She advised that Gilmer Avenue, N. W., is a narrow street and called attention to the potential of traffic accidents due to large refuse collection vehicles, which also cause traffic to back up while the one-arm bandit empties trash containers. She stated that refuse is not being collected at an acceptable level in northwest Roanoke. She requested information on costs incurred by the City of Roanoke for consulting contracts. COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS-COMMUNITY PLANNING: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., referred to action taken by Council earlier in the meeting regarding the property on Gainsboro Road (agenda item 6.a.4). She advised that it was stated that residents of Gainsboro a.r~ interested in housing; however, during the Comprehensive Plan meeting, resi(lents of the Gainsboro community emphasized the need for infill housing, as opposed to a new housing complex, to complete vacant lots throughout the neighborhood. She requested that the Presidents of the three neighborhood organizations in Gainsboro be adequately and timely informed when the real estate developer is selected by the City, and that the real estate developer meet with residents of Gainsboro. She suggested that the Roanoke Neighborhood Development Corporation be contacted to determine its interest in developing the land. SIDEWALK/CURB AND GUTTER-BUDGET-COMPLAINTS-TAXES- NEIGHBORHOOD ORGANIZATIONS-COMMUNITY PLANNING: Mr. Robert Gravely, 617 Hanover Avenue, N. W., expressed concern with regard to the Gainsboro community, and questioned actions in regard to constructing an $80,000.00 house in the 1100 block of Gilmer Avenue, N. W., when the average home costs in the range of $32,000.00 - $40,000.00. He suggested that the area be placed in a tax bracket so as to fit the needs of the citizens. He called attention to the lack of sidewalks, and other amenities in the area, and advised that the needs of the citizens of the Gainsboro Community should be kept in mind by City Planners. ACTS OF ACKNOWLEDGMENT-CITY MANAGER-CITY COUNCIL-HOSPITALS: Mr. Chris Craft, 1501 East Gate Avenue, N. E., expressed appreciation for the "Shining Star" award which was presented earlier in the meeting to the Roanoke Valley Mopar 46 Club, in connection with fund raising efforts for St. Jude's Hospital. He commended the Members of Council and the City Manager on their accomplishments on behalf of the citizens of the City of Roanoke. At 7:45 p.m. the meeting was declared in recess to be reconvened in Closed Session. At 8:20 p.m., the City Council meeting reconvened in the City Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Smith presiding and all Members of the Council in attendance, with the exception of Council Members Dowe and Wyatt. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Cutler moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Harris, and Mayor Smith 5. NAYS: None ....................................................... --0. (Council Members Dowe and Wyatt were absent.) COMMITTEES-JUVENILE CORRECTIONAL FACILITIES: The Mayor advised that the terms of office of Jesse A. Hall and Glenn D. Radcliffe as members of the Roanoke Valley Juvenile Detention Center Commission expired on June 30, 2002, and called for nominations to fill the vacancies. Mr. Bestpitch placed in nomination the names of Jesse A. Hall and Glenn D, Radcliffe. There being no further nominations, Messrs. Hall and Radcliffe were reappointed as members of the Roanoke Valley Juvenile Detention Center Commission for terms ending June 30, 2006, by the following vote. 47 FOR MESSRS. HALL AND RADCLIFFE: Council Members Bestpitch, Carder, Cutler, Harris, and Mayor Smith ............................................................... 5. (Council Members Dowe and Wyatt were absent.) POLICE DEPARTMENT-COMMITTEES: The Mayor advised that the term of office of A. L. Gaskins as a member of the Regional Policy Board, Alcohol Safety Action Program, expired on June 30, 2002, and called for nominations to fill the vacancy. Mr. Bestpitch placed in nomination the name of A. L. Gaskins. There being no further nominations, Mr. Gaskins was reappointed as a member of the Regional Policy Board, Alcohol Safety Action Program, for a term ending June 30, 2004, by the following vote: FOR MR. GASKINS: Council Members Bestpitch, Carder, Cutler, Harris, and Mayor Smith ................................................................................. 5. / (Council Members Dowe and Wyatt were absent.) OATHS OF OFFICE-COMMI~-FEES-ROANOKE VALLEY RESOURCE AUTHORITY: The Mayor advised that the term of office of Robert K. Bengtson as a member of the Roanoke Valley Resource Authority will expire on December 31, 2002, and called for nominations to fill the vacancy. Mr. Bestpitch placed in nomination the name of Robert K. Bengtson. There being no further nominations, Mr. Bengtson was reappointed as a member of the Roanoke Valley Resource Authority, for a term ending December 31,2006, by the following vote: FOR MR. BENGTSON: Council Members Bestpitch, Carder, Cutler, Harris, and Mayor Smith ...................................................................................5. (Council Members Dowe and Wyatt were absent.) 48 There being no further business, the Mayor declared the meeting adjourned at 8:25 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 49 RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE. S.W.. ROOM 452 ROANOKE, VIRGINIA 24011- ] 594 TELEPHONE: (540) 853 2444 FAX: (540) 853-1145 Januaw 6,2003 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. ~RS~lp~h K~ncerely' Mayor RKS:sm N:/cksml/Agenda.02/Closed Session on VacancJes.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk January 14, 2003 File #60-104 Stephanie M. Moon Deputy City Clerk Sheila N. Hartrnan Assistant City Clerk Darlene L Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: The proposed Budget Study calendar for fiscal year 2003-04, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, January 6, 2003. On motion, duly seconded and unanimously adopted, Council concurred in the proposed schedule. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Willard N. Claytor, Director, Real Estate Valuation Troy A. Harmon, Municipal Auditor Barry L. Key, Director, Office of Management and Budget Cindy H. Lee, Clerk, Roanoke City School Board H:~Agenda.03~January 6, 2003 correspondence.wpd CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com January 6,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Budget Study Calendar Forwarded for your approval is the budget study calendar for Fiscal Year 2004 budget. Respectfullysubmitted, Darlene L. Burcham City Manager DLB:afs C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Date April 14-18, 2003 April 18, 2003 April 18, 2003 April 28, 2003 May 7-9, 2003 May 12, 2003 CALENDAR OF EVENTS FOR BUDGET PREPARATION ACTIVITIES FISCAL YEAR 2003-2004 Budget Preparation Activities City Manager briefs City Council on Recommended budget. Recommended budget document delivered to City Council members. Advertisements of public hearings on recommended budget and tax rates appear in newspapers. Public hearings on recommended budget and tax rates. ** Requires special meeting of City Council City Council budget study work sessions. City Council adopts General Fund, School Fund, Proprietary Fund budgets and an Update to the HUD Consolidated Plan and approves an annual appropriation ordinance. ** Requires special meeting of City Council CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com January 6,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Surplus City-owned Property Tax Nos. 2011718, 2021789, 2021788 Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on the proposed conveyance of property rights. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Tuesday, January 21, 2003. A full report will be included in the January 21,2003, agenda material for your consideration. Respectfully submitted, City Manager DLB/SEF C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator AVENUE CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, VLrginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com January 6, 2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice-Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request to Schedule a Public Hearing to Consider the Lease of the Jefferson Gym The Young Men's Christian Association of Roanoke, Virginia (YMCA) currently leases the Jefferson High School Gymnasium. The lease agreement expires January 18, 2003. The YMCA has expressed an interest in continuing this lease agreement. The feasibility of a new lease agreement or possibly a transfer of title is currently being negotiated. To facilitate time for negotiation, the YMCA has requested an extension agreement of the current lease for six (6) months. Recommended Action: Authorize the scheduling and advertising of this matter for public hearing on your January 21, 2003 agenda. Respectfully submitted, Darlene L. Burcham City Manager DLB:slm C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Department of Management and Budget Wanda Reed, Acting Building Services Manager Dana Long, Manager of Billings and Collections Scott L. Motley, Economic Development Specialist CM02-00290 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com JanuaW 6,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice-Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Lease of Commonwealth Building The United States General Services Administration (GSA) currently leases space within the Commonwealth Building, which is owned by the City. GSA uses the second floor of the building for the Federal Bankruptcy Court and its affiliated offices. The current lease expires January 31, 2003. The GSA is interested in extending this lease of this space for one year, with the same terms as the current lease. The current lease rate is $6.50 per square foot plus $3.97 per square foot for operating costs, increased annually based on Consumer Price Index 1982 - 1984 = 100, with an annual rent amount of $130,007.76. Recommended Action: Authorize the scheduling and advertising of this matter for public hearing on your January 21,2003 agenda. Respectfully submitted, Darlene L. BurL'iff-am City Manager DLB:slm C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Department of Management and Budget Wanda Reed, Acting Building Services Manager Dana Long, Manager of Billings and Collections Scott L. Motley, Economic Development Specialist CM02-00283 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com January 6, 2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Counc I Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Vacation of Sewer & Drainage Easements Wildwood Road, SW - Tax No. 1070605 Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on the proposed vacation of property rights. This is to request that a public hearing be advertised on the above matter for Council's re~,ular m--,*~.--, .A ,._ ~. ...... · ~ ~,,,,~ ,u uu ~e~a on/uesaay, January 21 2003. A full report will be included in the January 21,2003, agenda mater al for your consideration. Respectfully submitted, Darlene L. Burcham City Manager DLB/SEF CZ Mary F. Parker, City Clerk William M. Hackworth, City Attomey Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk January 14, 2003 File #15-110-305 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Vincent Copenhaver, Secretary Roanoke Valley Juvenile Detention Center Commission 40 East Court Street Rocky Mount, Virginia 24151 Dear Mr. Copenhaver: This is to advise you that Jesse A. Hall has qualified as a member of the Roanoke Valley Juvenile Detention Center Commission, for a term ending June 30, 2006. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:~Agenda.03~January 6, 2003 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jesse A. Hall, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Valley Juvenile Detention Center Commission, for a term ending June 30, 2006, according to the best of my ability. Subscribed and sworn to before me this ~ 7 day of ~-.,~-.~,.,~_~002. ARTHUR B. CRUSH, III, CLERK ,~TYCLERK H:~Agenda.02\November 18, 2002.Oaths.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lerk(~ci.roanoke.va. us January 14, 2003 File #15-110-242 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clcrk James T. Phipps, Secretary Court Community Corrections Program Regional Criminal Justice Board City of Salem, Court Community Corrections 516 East Main Street Salem, Virginia 24153 Dear Mr. Phipps: This is to advise you that the Honorable John B. Ferguson and the Honorable Julian H. Raney have qualified as members of the Court Community Corrections Program Regional Criminal Justice Board, for terms ending June 30, 2005. Mary F. Parker, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:V~,genda,O3\January 6, 2003 correspondence,wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, John B. Ferguson, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Court Community Corrections Program Regional Criminal Justice Board, for a term ending June 30, 2005, according to the best of my ability. Subscribed and sworn to before me this /~ day of x~J2E~-~2. ARTHUR B. CRUSH, III, CLERK N:\CKMH%Agenda.02\December 2, 2002.Oaths.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Julian H. Raney, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Court Community Corrections Program Regional Criminal Justice Board, for a term ending June 30, 2005, according to the best of my ability. Subscribed and sworn to before me this/~'~ay of ~'-'~ 2002. ARTHUR B. CRUSH, III, CLERK ,DEPUTYCLERK N:\CKMHl~Agenda.02\December 2, 2002.Oaths.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk January 14,2003 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk File #15-110-488 Stephen S. Niamke, Neighborhood Partnership Coordinator Roanoke Neighborhood Partnership Steering Committee Roanoke, Virginia Dear Mr. Niamke: This is to advise you that Carl D. Cooper has qualified as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:~Agenda.03~January 6, 2003 correspondence.wpd Oath or Affirmation of Office P3:13 Commonwealth of Virginia, City of Roanoke, to-wit: I, Carl D. Cooper, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 2005, according to the best of my ability. Subscribed and sworn to before me this J -7 day of ARTHUR B. CRUSH, III, CLERK ,'D~fiaC~'Y CL E RK H:~Agenda.02\December 2, 2002.Oaths.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~¢i.roanok¢.va.us January 14, 2003 File #5-15-110-536 STEPHANIE M. MOON Deputy City Clerk SHEIL~ N. HARTMAN Assistant City Clerk James T. Phipps, Recording Secretary Regional Policy Board, Alcohol Safety Action Program City of Salem, Court Community Corrections 516 East Main Street Salem, Virginia 24153 Dear Mr. Phipps: This is to advise you that A. L. Gaskins has qualified as a member of the Regional Policy Board, Alcohol Safety Action Program, for a term ending June 30, 2004. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:~Agenda,03'tJanuary 6, 2003 correspondence,wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, A. L. Gaskins, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Regional Policy Board, Alcohol Safety Action Program, for a term ending June 30, 2004, according to the best of my ability. Subscribed and sworn to before me this/,~ day of ARTHUR B. CRUSH, III, CLERK , DL~Im~I'Y CLERK H;~Agenda.02\November 18, 2002.Oaths.wpd CIT? OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk January 14, 2003 File #15-110-202 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Kenneth S. Cronin, Secretary Human Services Committee Roanoke, Virginia Dear Mr. Cronin: This is to advise you that Alma L. Lee has qualified as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2005. /~,.~ &~.~ :~, ~Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:~Agenda.03~January 6, 2003 correspondence.wpd CITY CLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Alma L. Lee, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2005, according to the best of my ability. Subscribed and sworn to before me this ,,~r~y of .~__ 2003. ARTHUR B. CRUSH, III, CLERK B / ~ EPUTY CLERK N:\CKMHl~Agenda,02\November 4, 2002.Oaths.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: {540) 853-2541 Fox: (540) 853-1145 E-mail: clcrk~ci.roanoke.va.us January 14, 2003 File #15-110-202 STEpHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk S. James Sikkema, Executive Director Blue Ridge Behavioral Healthcare 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4001 Dear Mr. Sikkema: This is to advise you that Robert Williams, Jr., has qualified as a member of the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31,2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:~.genda.03'Oanuary 6, 2003 correspondence.wpd '02 ~016 P1:36 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert Williams, Jr., do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term ending December 31,2005, according to the best of my ability. Subscribed and sworn to before me this,,/~P day of~2-'~-Z¢( 2002. ARTHUR B. CRUSH, Ill, CLERK ,I~UTYCLERK N:\CKMHl~Agenda.02\December 2, 2002.Oaths.wpd CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com January 6,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice-Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Lease of City Market Building The Lease of the City Market Building between the City of Roanoke and Downtown Associates, LP expired December 31, 2002. The City of Roanoke requested proposals for a new lessee to lease and manage the City Market Building with RFP #02-11-02 - Operational Management for the Historic City Market Building. The City of Roanoke received four responses to this RFP and is prepared to consider a new lease agreement for the City Market Building. Recommended Action: Authorize the scheduling and advertising of this matter for public hearing on your January 21, 2003 agenda. DLB:slm C: R .e~, pectfully s.~bmitted, ~,-~ ,~, ~,-~ Darlene L. B~cham City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Department of Management and Budget Wanda Reed, Acting Building Services Manager Dana Long, Manager of Billings and Collections Scott L. Motley, Economic Development Specialist CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Januaw 14,2003 File #60-178-236-304 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36188-010603 authorizing the appropriate City officials to amend the 2002-2003 Consolidated Plan Annual Update regarding the World Changers project, including submission of necessary documents to the U.S. Depadment of Housing and Urban Development, and to enter into a 2002-2003 Community Development Block Grant Subgrant Agreement with the Blue Ridge Housing Development Corp., Inc., regarding the World Changers project, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 6, 2003. Mary F. Parker, CMC City Clerk MFP:mh Attach ment pc: Alvin Nash, President, Blue Ridge Housing Development Corp., Inc., 510 11th Street, N. W., Roanoke, Virginia 24017 Jesse A. Hall, Director of Finance Barry L. Key, Director, Department of Management and Budget Frank E. Baratta, Budget Team Leader Alicia F. Stone, Budget Administrator H:~Agenda 03~January 61 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 2003. No. 36188-010603. A RESOLUTION authorizing the appropriate City officials to amend the 2002-2003 Consolidated Plan Annual Update regarding the World Changers project, including submission of necessary documents to the U.S. Department of Housing and Urban Development (HUD), and to enter into a 2002-2003 Community Development Block Grant (CDBG) Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc., regarding the World Changers project, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that, as more particularly set forth in the City Manager's letter dated January 6, 2003: 1. The City Manager is hereby authorized to amend the 2002-2003 Consolidated Plan Annual Update regarding the World Changers project, including submission of necessary documents to HUD; and 2. The City Manager and City Clerk are hereby author/zed to execute and attest, respectively, on behalf of the City, a 2002-2003 CDBG Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc., regarding the World Changers project, such agreement to be approved as to form by the City Attorney. ATTEST: City Clerk. H:\MEASURES\r-conplanchangers.l.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk January 14, 2003 File #60-178-236-304 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36187-010603 amending and reordaining certain sections of the 2002-2003 Grant Fund, to provide for appropriation of funds, in connection with amendment of the 2002-2003 Consolidated Plan Annual Update and execution of a CDBG Agreement with Blue Ridge Housing Development Corp., Inc.; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 6, 2003, and is in full force and effect upon its passage. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Department of Management and Budget Frank E. Baratta, Budget Team Leader Alicia F. Stone, Budget Administrator HSAgenda.03~January 6, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of January, 2003. No. 36187-010603. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant Fund, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant FY03 Housing FY2003 (1) ................................................................................... Community Development Block Grant FY02 Housing FY2002 (2) ................................................................................... $2,756,264 1,157,763 3,609,317 509,376 Revenues Community Development Block Grant FY03 (3-7) ....................................... $2,756,264 Community Development Block Grant FY02 (8-12) ..................................... 3,609,317 1) World Changers FY03 Funds 2) World Changers FY02 Funds 3) Miscellaneous Program Income 4) Home Ownership Assistance 5) KDL Investments Loan Repayment 6) Hotel Roanoke Section 108 Loan Repayment 7) Rental Rehabilitation Repayment 8) Parking Lot Income 9) Other Program Income-RRHA 10) Demolitions 11) Home Ownership Assistance 12) Rental Rehabilitation Repayment (035-G03-0320-5391) $ 75,230 (035-G02-0220-5390) 34,770 (035-G03-0300-2205) 1,375 (035-G03-0300-2222) 2,813 (035-G03-0300-2232) 27,076 (035-G03-0300-2234) 5,849 (035-G03-0300-2240) 38,117 (035-G02-0200-2202) 7,400 (035-G02-0200-2203) 1,806 (035-G02-0200-2204) 8,034 (035-G02-0200-2222) 3,260 (035-G02-0200-2240) 14,270 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com JanuaW 6,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor and Members of Council: Subject: Amend 2002-03 Consolidated Plan Annual Update and Execute a CDBG Agreement with Blue Ridge Housing Development Corporation, Inc. Background: World Changers is a volunteer organization that brings together youth and adults from throughout the Nation to participate in housing and related community service projects. Some months ago the City and World Changers began discussions of a project to repair 30 or more homes in the southeast and other areas of the City during July 2003. World Changers would provide the youth workers and adult supervision for painting, roofing, and other rehabilitation; the City would provide funding for materials and other support, including housing the youth and adults at a school facility for the week they are here. The City and World Changers have designed a project for the week of July 12 to 19, 2003. Uncommitted current-year Community Development Block Grant (CDBG) funds are to be used for the materials costs and need to be in place prior to July. There are also numerous other preliminary activities to be supported by CDBG funds that must be undertaken prior to the arrival of the World Changers group. Thus, the project must be added to the City's 2002-03 Annual Update to the Consolidated Plan, requiring a 30-day The Honorable Mayorand Members of Council January 6,2003 Page 2 public review before implementation. A legal notice appeared in the Roanoke Times on November 29, 2002, to begin the public comment period, which ended December 30, 2002. No objections to the project were received. Considerations: The preliminary activities to be undertaken prior to arrival of the World Changers group are extensive and critical to the success of the project. These include identifying homes and determining homeowner eligibility, preparing work write-ups, assessing and treating affected lead-based paint, securing necessary rehabilitation materials, coordinating with World Changers, and many other details. The City has chosen Blue Ridge Housing Development Corporation Inc. (BRHDC) to be the overall program administrator to perform these functions. A subgrant agreement with BRHDC, similar in form and content to the attachment to this Council Letter, will be needed to outline the various provisions. The $110,000 in CDBG funds needed for the agreement is being appropriated from additional program income that has been received in excess of current revenue estimates. Housing arrangements for the World Changers youth and adults are being finalized by the City's Youth Planner directly with the Roanoke City Schools and should be completed shortly. Recommended Actions: 1. Authorize the City Manager to amend the 2002-03 Annual Update to add the World Changers project. 2. Authorize the City Manager to execute a CDBG Subgrant Agreement with Blue Ridge Housing Development Corporation, Inc., similar in form and content to the attachment to this Council Letter, and approved as to form by the City Attorney. 3. a. Increase the revenue estimates in the following revenue accounts: Parking Lot Income Other Program Income-RRHA Demolitions Home Ownership Assistance Rental Rehabilitation Miscellaneous Program Income Home Ownership Assistance KDL Investments Loan Hotel Roanoke Section 108 Loan Rental Rehabilitation 035-G02-0200-2202 035-G02-0200-2203 035-G02-0200-2204 035-G02-0200-2222 035-G02-0200-2240 035-G03-0300-2205 035-G03-0300-2222 035-G03-0300-2232 035-G03-0300-2234 035-G03-0300-2240 by $7,40O.OO by $1,806.00 by $8,034.00 by $3,260.OO by $14,270.00 by $1,375.00 by $2,813.00 by $27,076.00 by $5,849.00 by $38,117.00 The Honorable Mayorand Members ~ Council January 6,2003 Page 3 b. Appropriate the funds listed in 3.a. to the following expenditure accounts: World Changers FY02 Funds World Changers FY03 Funds 035-G02-0220-5390 035-G03-0320-5391 $34,770.00 $75,230.00 Respectfully submitted, Darlene L. Burcham City Manager DLB:fb Attachments C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Management and Budget Alicia F. Stone, Budget Administrator Frank E. Baratta, Budget Team Leader CM02-00281 AGREEMENT This agreement is made and entered into this the following parties: day of January, 2003, by and between The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee Blue Ridge Housing Development Corporation, Inc. 510 11th Street, N.W. Roanoke, Virginia 24017 WITNESSETH WHEREAS, by Resolution No. 35848-051302, Roanoke City Council approved the 2002- 2003 Annual Update to the Consolidated Plan for the Community Development Block Grant (CDBG) program and by Ordinance No. 35914-061702 appropriated funds therefor; and WHEREAS, by Resolution No. XXXXX-010603, adopted January 6, 2003, Roanoke City Council approved an amendment to the 2002-2003 Annual Update to the Consolidated Plan, which added a housing repair program to be administered by the Subgrantee in coordination with World Changers and Habitat for Humanity in the Roanoke Valley; and WHEREAS, by Resolution No. XXXXX-010603, adopted January 6, 2003, Roanoke City Council approved the execution of a subgrant agreement between the Grantee and the Subgrantee; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: General -- The project to be undertaken by the Subgrantee under this Agreement shall be known as "World Changers," and shall have as its purpose the rehabilitation of singe-family housing. Through CDBG funding provided by the Grantee, the Subgrantee will coordinate the rehabilitation of approximately forty (40) homes located in the Southeast and/or other areas of the City of Roanoke. In addition, BRHDC may coordinate community service projects such as block litter clean-ups, gateway beautification, planting trees or shrubbery in the areas of property rehabilitation. All homes assisted with CDBG funds under this Agreement shall be the principal residences of "eligible homeowners," as described in section 1 .b. below. Further, housing activities shall be conducted in a manner consistent with the due diligence, budget Page 1 of 22 Pages narrative and memoranda of understanding between the Subgrantee and World Changers and with Habitat for Humanity in the Roanoke Valley, which are attached to this Agreement. Eliqible Homeowners -- For the purposes of this Agreement, an "eligible homeowner" shall mean a family whose income, adjusted for family size, does not exceed 80% of the area median income established by HUD and in effect at the time the family applies for assistance. In addition, the home for which the family is applying for assistance must be the family's principal residence. The Subgrantee shall prepare, and retain with records of the project, documentation of its determination of each eligible family's size and income, including the name, age, and the soumes and estimated amount of income anticipated for the succeeding twelve months for each individual related by birth, marriage or adoption living in the same household at the time of the determination. Allowable Expenditures -- Funds provided by the Grantee under this Agreement shall be used by the Subgrantee solely for the costs associated with the coordinate the rehabilitate/construct a total of thirty (30) homes concentrated in the southeast and northwest quadrants of the City of Roanoke. Except as indicated below, funds under this Agreement may be expended for any necessary, reasonable and allowable CDBG costs, including, but not necessarily limited to, staff, marketing, property preparation, supplies and rental equipment, project work, and other related costs associated with the World Changers project. With the Grantee's prior approval, expenditures may also include the cost of capacity-building activities of the Subgrantee, including observation of the Baltimore World Changers project prior to the inception of this Agreement and the World Changers Coordinators Retreat. d. Period of this Agreement --This Agreement shall be effective as on January 1, 2003, and, unless amended, shall end September 30, 2003. 2. BUDGET Unless amended, the total amount of CDBG fund provided by the Grantee under this Agreement shall not exceed $110,000. Of this amount, not more than $ shall be used by the Subgrantee for general administrative or project delivery costs without prior written approval from the Grantee. At the sole discretion of the Grantee, any funds remaining unexpended as of the end date of this Agreement may be deobligated from the Agreement and made available for other CDBG projects, as appropriate. 3. REQUESTS FOR DISBURSEMENTS OF FUNDS Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of allowable expenses. The amount of each disbursement request must be limited to the amount needed. Page 2 of 22 Pages In general, disbursements shall be requested no more frequently than monthly, and shall be submitted to the Grantee's Department of Management and Budget in form and content satisfactory to the Grantee, including copies of invoices or bills from vendors supporting the request. Requests for payment of staff wages and benefits shall be supported by payroll summaries or similar documentation. Disbursement of funds to the Subgrantee for properly documented requests will generally be made within ten (10) days of receipt, subject to the allowability of costs and the timely receipt of monthly reports (see section 5 below). All requests for disbursements of funds associated with activities under this Agreement must be received by the Grantee within 30 calendar days of the ending date set forth in section 1 .d. above. The Grantee shall not be bound to honor requests for disbursements received after this 30-day period has expired. RECORDS REQUIREMENTS Records to be maintained -- At a minimum, the Subgrantee shall maintain financial and project documents and records which comply with the requirements of 24 CFR 570.506, and 570.507, as applicable. Period of record retention -- In compliance with the requirements of 24 CFR 570.502(b), the Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period of four (4) years, as applicable, or the conclusion of any legal or administrative process requiring their use, whichever is later. Access to records -- The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 84.53. REPORTING REQUIREMENTS By the 7th working day following the end of each month, the Subgrantee shall report the progress of activities covered by this Agreement, in a format acceptable to the Grantee's Department of Management and Budget. Such monthly reports shall include, but not be limited to, the following: (1) A narrative section summarizing progress to-date on each program included under the Scope of Services and documents any matching funds identified or to be contributed by the Subgrantee; (2) A list of monthly gross program income receipts from all sources; Page 3 of 22 Pages (3) A list of any real or non-expendable personal property, including equipment, pumhased with ODBG funds; and (4) A table providing data on each housing unit and eligible family assisted (see Attachment A for minimum data elements to be reported). b. The Subgrantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this agreement. 6. MONITORING The Subgrantee shall monitor the progress of the project covered by this Agreement, and shall submit appropriate reports to the Grantee's Department of Management and Budget. In addition, it is the Grantee's intention to monitor the Subgrantee's performance and financial and programmatic compliance, which may include on-site reviews, at least once during the period of this Agreement. 7, ANNUALAUDIT As an entity receiving more than $300,000 in federal funding from the Grantee, the Subgrantee shall provide for an annual independent audit of the CDBG/HOME expenditures under this Agreement which complies with OMB Circular A-133. Within 30 days following its completion, two (2) copies of the audit will be provided to the Grantee's Department of Management and Budget. 8. PROGRAMINCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. Program income from any and all sources shall be submitted to the Grantee within five (5) days of its receipt by the Subgrantee. No program income is expected. 9. REVERSION OF ASSETS Upon expiration or termination of this Agreement, including any amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG funds or Program Income on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG funds. b. Any real property under the Subgrantee's control that was acquired or improved, in whole or in part, with CDBG funds in excess of $25,000: (1) Shall continue for a period of not less than five years following expiration of this Agreement, including any amendments thereto, to be used to meet one of the CDBG national objectives cited in 24 CFR 570.208; or (2) If the property is not used in accordance with paragraph (1) above, the Page 4 of 22 Pages Subgrantee shall pay the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment shall be considered Program Income to the Grantee. 10. SUSPENSION AND TERMINATION In the event the Subgrantee materially fails to comply with any term of the Agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 11. COMPLIANCE WITH FEDERAL REGULATIONS The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment B and all other applicable federal regulations relating to specific programs performed hereunder. Further, the Subgrantee agrees to require compliance with applicable federal regulations of the contractor by agreement. 12. SECTION 504: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination against the disabled in any federal assisted program. 13. OTHER PROGRAM/PROJECT REQUIREMENTS In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions of Subpart K of 24 CFR 570, in accordance with the type of project assisted. Such other requirements include, but are not necessarily limited to, the following. Property standards and lead-based paint -- All housing assisted shall meet the Statewide Building Code and the lead-based paint requirements in 24 CFR 570.608. In accordance with regulations, the Subgrantee shall adhere to lead-based paint abatement practices, as applicable, and in no case shall use lead-based paint in the construction or rehabilitation of the properties assisted under this Agreement. Section 109 -- In accordance with Section 109 of the Housing and Community Development Act of 1974 (42 U.S.C. 3535(d)), no person in the United States shall on grounds of race, color, religion, sex or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. (See also Attachment B.) Page 5 of 22 Pages Conditions for reli.qious orqanizations -- The Subgrantee shall not grant or loan any CDBG funds to primarily religious organizations for any activity including secular activities. In addition, funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for homeowners to be assisted under this Agreement. Labor standards -- As herein structured, the program covered by this Agreement is not considered subject to federal Labor Standards, including prevailing (Davis-Bacon) wage rates for non-volunteer labor. Such standards will be applicable in the event CDBG funds are used for infrastructure improvements. Such standards will also become applicable for any single structure in which more than 7 housing units are assisted. Environmental standards -- In accordance with 24 CFR 570.604, the activities under this Agreement are subject to environmental review requirements. Such requirements may include, but are not necessarily limited to, historic significance, floodplain, and hazardous sites. The Grantee has performed the tiered review necessary to initiate the preliminary program activities; however, no CDBG funds may be expended for a given property prior to the Subgrantee's individual property review and completion of the required Subgrantee environmental checklist. All specifications for proposed housing rehabilitation under this Agreement will be submitted to the Grantee's Department of Management and Budget for review as to compliance with Section 106 of the National Historic Preservation Act. The results of this historic review shall be reflected in the Subgrantee's environmental checklist and no work shall proceed on any given property until the Subgrantee has completed the respective checklist, including the results of the historic review. Displacement and relocation -- In accordance with 24 CFR 570.606, the Subgrantee shall take all reasonable steps to minimize displacement as a result of the activities described in section 1. Any persons displaced as a result of the activities under this Agreement shall be provided relocation assistance to the extent permitted and required under applicable regulations. Employment and contractinq opportunities -- In accordance with 24 CFR 570.607, the activities under this Agreement are subject to the requirements of Executive Order 11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968. The former prohibits discrimination on federally- assisted construction contracts and requires contractors to take affirmative action regarding employment actions. The latter provides that, to the greatest extent feasible and consistent with federal, state and local laws, employment and other economic opportunities arising housing rehabilitation, housing construction and public construction projects shall be given to Iow- and very- Iow-income persons. (See also Attachment B.) Page 6 of 22 Pages 14. Debarment and suspension -- In accordance with 24 CFR 24, the Subgrantee shall not employ or otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any of the activities under this Agreement. The Subgrantee will submit to the Grantee's Department of Management and Budget the names of all contractom and subcontractors selected under this Agreement to determine if such contractors or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal transactions. Uniform administrative requirements -- The Subgrantee shall comply with the requirements and standards set forth in 24 CFR 570.502, and all applicable CDBG and other federal regulations pertaining to the activities performed under this Agreement. Conflict of interest -- In accordance with 24 CFR 570.611, no covered individual who exercises any functions or responsibilities with respect to the program, during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. EQUAL EMPLOYMENT OPPORTUNITY Non-Discrimination: During the performance of this Agreement, the Subgrantee agrees as follows: The Subgrantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity employer. Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. d. The Subgrantee will include the provisions of the foregoing subsections (a), (b) Page 7 of 22 Pages and (c) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 15. DRUG-FREE WORKPLACE 16. The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Subgrantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee that the Subgrantee maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00), so that the previsions will be binding upon each subcontractor or vendor. For the purposes of this subsection, "drug-free workplace" means a site for the performance of work done in connection with this contract. FAITH-BASED ORGANIZATIONS: Pursuant to §2.2-4343.1 of the Code of Virqinia (1950), as amended, the City of Roanoke does not discriminate against faith-based orqanizations. 17. THIRD-PARTY CONTRACTS 18. The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. INDEMNIFICATION The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its officers, employees, agents, Page 8 of 22 Pages volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the Subgrantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 19. INDEPENDENT CONTRACTOR Services performed under this agreement shall be performed on an independent contractor basis and under no cimumstances shall this Agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. 20. SUCCESSORS This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 21. ENTIRE AGREEMENT This Agreement, including all of its Attachments, represents the entire agreement between the parties and shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 22. AMENDMENTS The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of this HOME rehabilitation project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Subgrantee shall be incorporated by written amendment to this Agreement. 21. GOVERNING LAW This Agreement shall be governed by laws of the Commonwealth of Virginia. 23. AVAILABILITY OF FUNDS CDBG and HOME funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. Page 9 of 22 Pages 24. ANTI-LOBBYING To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Page 10 of 22 Pages IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By By Cyndi Stultz, Secretary Alvin Nash, President and CEO APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Department of Management and Budget Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account # Page 11 of 22 Pages Attachments Attachment A- Housing/Beneficiary Reporting Elements Attachment B - Special Federal Terms and Conditions Attachment C - BRHDC Due Diligence Attachment D - BRHDC Budget Narrative Attachment E - BRHDC/World Changers Agreement Attachment F- BRHDC/Habitat for Humanity Agreement Page 12 of 22 Pages Attachment A Housing/Beneficiary Reporting Elements On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee summarizing progress on the project to-date. Accompanying the narrative, the Subgrantee shall submit data in a table or spreadsheet format that is needed in order that the Grantee may complete its required reports to HUD. Data provided by the Subgrantee shall include: Property -- Address -- Number of bedrooms -- Status (pending, under construction, completed or sold) Homeowner -- Name -- Total family income (projected for 12 months following determination) -- Number in family -- Ethnic group -- Whether family is headed by a single female ~- Whether head of household is disabled CDBG funds committed to property Prime Contractor (if applicable) Name Federal i.D. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both CDBG funds committed to Prime Subcontractor (if applicable; provide separate data for each subcontractor) -- Name -- Federal I.D. Number (or Owner Social Security Number) -- Whether Minority-Owned, Women-Owned or Both -- CDBG funds committed to Subcontractor Page 13 of 22 Pages Attachment B U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (Agreements $10,000 or Over) "Section 3" Compliance -- Provision of Trainin.q~ Employment and Business Opportunities: a= The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C= The Subgrantee will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d= The Subgrantee will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the contractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The Subgrantee will not subcontract with any contractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR part 135 and will not let any subcontract unless the contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Page 14 of 22 Pages Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Subgrantees and contractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Employment Opportunity: Contracts subject to Executive Order 11246, as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the Subgrantee agrees as follows: The Subgrantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Subgrantee will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subgrantee agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Subgrantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Subgrantee's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Subgrantee will comply with all provisions of Executive Order 11246 of Page 15 of 22 Pages September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The Subgrantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. n the event of the Subgrantee's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the Subgrantee may be declared ineligible for further Govemment contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The Subgrantee will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or vendor. The Subgrantee will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in or is threatened with litigation with a contractor or vendor as a result of such direction by the Department, the Subgrantee may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of Subgrantees and contractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee debarred from, or who has not demonstrated eligibility for Page 16 of 22 Pages Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Subgrantees and contractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. Nondiscrimination Under Title VI of the Civil Riqhts Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Section 504 and Americans with Disabilities Act: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act, which prohibit discrimination against the disabled in any federal assisted program. Obligations of Subqrantee with Respect to Certain Third-party Relationships: The Subgrantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Subgrantee is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share Page 17 of 22 Pages 10. or part of this Agreement or to any benefit to arise from the same. Prohibition ARainst Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Employment: This agreement is subject to the requirements of Executive Order 11246, Executive Order 1376, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant tot he matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights At of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. Legal Remedies for Contract Violation: If the Subgrantee materially fails to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following action, as appropriate in the cimumstances: a. Temporarily withhold cash payments pending correction of the deficiency by the Subgrantee, b. Disallow all or part of the cost of the activity or action not in compliance, c. Wholly or partly suspend or terminate the current Agreement, or d. Take other remedies that may be legally available. Page 18 of 22 Pages Attachment C BRHDC Due Diligence Page 19 of 22 Pages Attachment D BRHDC Budget Narrative Page 20 of 22 Pages Attachment E BRHDC/World Changers Agreement Page 21 of 22 Pages Attachment F BRHDC/Habitat for Humanity Agreement Page 22 of 22 Pages CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk January 14, 2003 File #24-95-144-166-514 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36189-010603 amending and reordaining subsection (d), (e) and (g) of §33-17, Definitions, of Chapter 33, Vegetation, of the Code of the City of Roanoke (1979), as amended, to amend the definition of Owner, Parcel and Weed or weeds; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 6, 2003, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Cimuit of Virginia The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia H:~Agenda.03\January 61 2003 correspondence.wpd Darlene L. Burcham, City Manager Januaw 14,2003 Page 2 pc: The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and D~)mestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Rolanda A. Russell, Assistant City Manager for Community Development Robert K. Bengtson, Director, Public Works F. Mike Etienne, Acting Director, Housing and Neighborhood Services H:~Agenda.03\January 6, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 2003. No. 36189-010603. AN ORDINANCE amending and reordaining subsection (d), (e) and (g) of §33-17, Definitions, of Chapter 33, Vegetation, of the Code of the City of Roanoke (1979), as amended, to amend the definition of Owner, Parcel and Weed or weeds; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (d), (e) and (g) of §33-17, Definitions, of Chapter 33, Vegetation, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: §33-17. Definitions. For the purpose of this chapter, certain terms and words used herein shall be defined as follows: (d) Owner means any person shown by any public record maintained by any circuit court, general district court, treasurer, commissioner of revenue or city clerk to have an interest ' ~^~' ...... parcel lying in the City of Roanoke, Virginia as of the date of the abatement of public nuisance under this article or any successor in title taking with actual or constructive notice of the existence of a public nuisance. (e) Parcel means any real estate (and any interest therein) lying in the City of Roanoke, Virginia, identified by a City of Roanoke Official Tax o-ca-WeedAba'~ement(interest) 120902 Number, and including the area in the public ri~ht-of-way which is between the property line of the real estate which is identified by a City of Roanoke Official Tax Number and the curb, the improved portion of a roadway, or the centerline of any alley or unimproved street. Such term shall not include any real estate lying in an RA, Residential Agriculture District, as defined elsewhere in this Code. (g) Weed or weeds means any plant, grass or other vegetation over ten (10) inches height growing upon private prc, pcrty a parcel in the City of Roanoke, including, but not limited to, any sage brush, poison oak, poison ivy, Ailanthus Altissima (commonly called Tree of Heaven or Paradise Tree), ragweed, dandelions, milkweed, Canada thistle, and any other undesirable growth, excluding trees, ornamental shrubbery, vegetable and flower gardens purposefully planted and maintained by lhe property owner or occupant free of weed hazard or nuisance, cultivated crops, or undisturbed woodland not otherwise in violation. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. o-ca-WeedAbatement(interest) 120902 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com Januaw 6,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Public Nuisances Adjacent to Private Property Background: As authorized by State law, Section 33-18 of the Code of the City of Roanoke (1979) declares weeds and trash on private property to be a public nuisance required to be abated. Roanoke enforces these provisions with owners of private property in violation of the ordinance. However, narrow areas of public rights-of-way adjacent to private property, e.g. between road pavement and sidewalks or property lines, or along alleys, are frequently overgrown. Maintenance of these narrow areas is problematic within our existing resources. Considerations: Owners of private properties currently have some maintenance responsibilities for adjacent public property, e.g. removal of snow from sidewalks. In many cases, property owners already take care of adjacent rights-of-way to the edge of streets and in alleys. Where owners do not do so and City of Roanoke crews cannot mow, trim or pick up trash frequently, streetscape appearance often is poor and presents a negative image of the community. State code allows responsibility for removal of nuisances from public property to be assigned to owners of property affected, and several other localities around the state do so, including Newport News, Richmond, Norfolk, and Bedford. Recommended Action: City Council approve the attached amendment to Section 33-17 of the Code of the City of Roanoke to extend responsibility for weeds and trash on public rights-of-way along streets and alleys to the owners of adjacent private property, This amendment is part of the City of Roanoke's effort to improve the appearance of its streetscapes and neighborhoods throughout Roanoke. Darlene L. Burcham City Manager DLB:hdp C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead, Asst. City Manager for Operations Rolanda Johnson, Asst. City Manager for Community Development Robert K. Bengtson, Director of Public Works F. Mike Etienne, Acting Director, Housing and Neighborhood Services CM02-00280 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk January 14, 2003 File #60-221-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36190-010603 amending and reordaining certain sections of the 2002-03 Capital Projects Fund Appropriations, providing for appropriation of $135,676.00, in connection with completing payment of job grants to Carilion Health System; and dispensing with the second reading by title of this ordinance. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 6, 2003, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Elizabeth A. Neu, Director, Economic Development Barry L. Key, Director, Office of Management and Budget H:~Agenda.03~January 6, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of January, 2003. No. 36190-010603. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Economic Development $ 33,047,216 Carilion Training Incentive 2002 (1) ........................................................ 161,354 Capital Improvement Reserve $ 6,999,440 Capital Improvement Reserve (2) .......................................................... 1,174,593 1) Appropriated from General Revenue (008-310-9699-9003) $ 135,676 2) Streets and Bridges (008-052-9575-9181) (135,676) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CilyWeb: www.roanokegov.com January 6,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Appropriation of Funds to Complete Payment of Job Grants to Carillon Health System Background: On September 1, 1998, the City of Roanoke and Carillon Health System (CHS) entered into an agreement whereby CHS agreed to move or create at least 310 positions in Enterprise Zone One. The City agreed to make available job training grants in the amount of up to $1000 per employee, not to exceed $500,000, through the Fifth District Employment and Training Consortium (FDETC). Considerations: CHS has experienced more growth than the minimum 310 committed positions and has requested more training funds than initially set aside. The total request for training funds for 550 positions was $471,353.42, while the City only appropriated $310,000 for CHS's training funds originally. In February 2002, City Council appropriated an additional $25,678 to help bring the total paid to CHS to $335,677.83. The FDETC still owes CHS $135,675.59, an amount equal to two payment requests by CHS that went un-addressed due to staff turnover and the misdirection of requests. This amount needs to be funded by the City to FDETC. This payment will complete all commitments under the agreement. Honorable Mayor and Members of Council January 6, 2003 Page 2 Recommended Action: Appropriate $135,676 from Capital Improvement Reserve (Account 008-052-9575-9181) into the CHS training grant account, 008-310-9699-2044. Respectfully submitted, Darlene L. Burc-ham City Manager DLB/sem C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Elizabeth A. Neu, Director of Economic Development # CM02-00282 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk January 14, 2003 File #57-60 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36191-010603 amending and reordaining certain sections of the 2002-03 Capital Projects Fund Appropriations, providing for transfer of $525,000.00, in connection with award of a contract for new concrete sidewalks, entrances and curb, Phase VIII; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 6, 2003, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc~ Darlene L. Burnham, City Manager Philip C. Schirmer, City Engineer Jeffrey H. Powell, Director, General Services Robert H. Bird, Acting Manager, Purchasing Barry L. Key, Director, Department of Management and Budget H:~genda.03~January 6, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of January, 2003. No. 36191-010603. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that cedain sections of the 2002-2003 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges $ 21,632,625 Curb, Gutter and Sidewalk- Phase VIII (1) ............................................. 525,000 Capital Improvement Reserve $ 6,315,116 Public Improvement Bonds - Series 2002 (2) ........... .............................. 3,391,630 1) Appropriated from Series 2002 Bond Issue 2) Curb, Gutter and Sidewalk Improvements (008-530-9797-9076) $ 525,000 (008-530-9711-9195) (525,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com Janua~ 6,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: New Concrete Sidewalks, Entrances and Curb - Phase VIII Bid No. 02-11-06 City Council was recently briefed on the categories toward which curb and sidewalk projects are being focused using the $5 million in bond funds generated for this purpose. This project is responsive to a number of individual citizen requests and provides for the installation of approximately 20,000 square feet of sidewalk, 12,000 linear feet of curb and 9,000 square feet of entrances on various streets within the City as shown on Attachment #2. The City Manager plans to award a contract for the above project to H. & S. Construction Company in the amount of $477,250, with 365 consecutive calendar days of construction time. Funding needs to be provided as set forth below. Funding in the amount of $525,000 is needed for the project. ']'he additional funds that exceed the contract amount will be used for miscellaneous project expenses including advertising, prints, test services, minor variations in bid quantities and unforeseen project expenses. Funding in the amount of $525,000 is available in Public Improvement Bonds - Series 2002, Curb and Gutter, account number 008-530-9711-9195. The Honorable Mayor and Members of Council January 6, 2003 Page 2 Recommended Action: Transfer $525,000 from Public Improvement Bonds - Series 2002, account number 008-530- 9711-9195, to an account to be established by the Director of Finance entitled Curb, Gutter and Sidewalk - Phase VIII. Respectfully submitted, Darlene L. Burcham City Manager DLB:JGB:na C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer Robert H. Bird, Acting Manager, Purchasing Department #CM02-00288 TABULATION OF BID,~ NEW CONCRETE SIDEWALKS, ENTRANCES AND CURB PHASE VIII ROANOKE, VIRGINIA BID NO. 02-11-06 Bids were opened by the Purchasing Department, on Tuesday, December 10, 2002, at 2:00 p.m. H. & S. Construction Company $477,250 S. C. Rossi & Company $555,500 Allegheny Construction Co., Inc. $751,750 *Snyder & Associates $462,250 g~neenng Estimate $530,000.00 Office of the City Engineer Roanoke, Virginia December 10, 2002 *Bid withdrawn due to errors. SECTION 1B-1 PROJECT LOCATIONS Monticello Avenue, N.E. Forest Hill, N. E. 28th Street, S. W. 900 Block 300 Block Beside House at 2729 Crystal Spring Ave. Campbell Avenue, S. E. Greenbrier Avenue, S. E. Stephenson Avenue, S. W. Stewart Avenue, S. E. 17th Street to 18th Street 1837 2803, 2811 and 2815 Fill-In 1800 Block 8 1/2 Street S. E. Campbell to Tazwell Gilmer Avenue, N. W. Harrison Avenue, N. W. Crowmoor Street, N. W. Wentworth Avenue, N. E. Fain"ax Avenue, N. W. Hanover Avenue, N. W. 1100 Block Gainsboro to 2nd Street 504 to 560 Cook to Brightwell 1000 Block 10th Street to 8th Street South Side Fill-In North Side as needed 6th Street, S. E. Plantation Road 510 to Dale From existing along rear of Monterey School Pr~ect: New Concrete Sidewalks, Entrances and Curb - Phase VIII 1 of 1 Project Locations Section 1B-1 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk January 14, 2003 File #51-79 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36192-010603 authorizing the City Manager to apply to the Virginia Department of Criminal Justice Services for a Byrne Memorial Formula Grant, in the amount of $331,102.00, provided that Virginia CARES secures the required cash matching funds in the amount of $110,362.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, January 6, 2003. Sincerely,~,X~ ~' Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Cynthia A. Martin, Executive Director, Virginia CARES, 145 Campbell Avenue, S. W., Roanoke, Virginia 24011 Jesse A. Hall, Director of Finance Barry L. Key, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader HSAgenda.03~January 6, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 2003. No. 36192-010603. A RESOLUTION authorizing the City Manager to apply for a grant from the Virginia Department of Criminal Justice Services. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager be and she is hereby authorized to sign on behalf of the City an application to the Virginia Department of Criminal Justice Services for a Byme Memorial Formula Grant in the amount of $331,102, provided that Virginia CARES secures the required cash matching funds in the amount of $110,362. ATTEST: City Clerk. H:~vl EAS UKES~r-virginiacaresgrant.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com January 6,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor and Members of Council: Subject: Grant Application on Behalf of Virginia CARES Program Background: The Virginia Community Action Re-entry System, Inc. (Va. CARES) is a nonprofit organization with its home office in the City of Roanoke and extensive experience in offender services. For July 1, 2002, to June 30, 2003, the Virginia Department of Criminal Justice Services (DCJS) awarded nearly $950,000 in State funding to Va. CARES to continue its statewide, multi-office, pre-release and post-incarceration assistance program. Due to budget cuts, DCJS recently notified Va. CARES that its State funding would terminate on December 31, 2002, but that federal funding under the Byrne Memorial Formula Grant Program (Byrne Grant), administered by DCJS, could be made available to support the program through the end of the fiscal year. However, the federal funds require a 25% cash match and may be awarded only to a locality, which would then be expected to contract with Va. CARES to conduct the offender services. To meet DCJS' deadline to ensure availability of the federal funds, Va. CARES submitted an application on November 15th, indicating the City as Grantee, based on an understanding that this was not final. The application requested $331,102 in Byrne Grant funding and pledged $110,362 in matching funds, for a total of $441,464 in funding for the six months. Considerations: If the City formally agrees to be the Grantee under the Byrne Grant application, it will become responsible for the entire Va. CARES program serving forty-four (44) cities and counties through nine (9) subcontractors dispersed across the Commonwealth. A grant agreement would be executed with DCJS, whereby the City would become the project administrator and fiscal agent. It is in the City's interests that this fiscal agent role be limited as much as possible to a "pass- The Honorable Mayorand Members of Council January 6,2003 Page 2 through" capacity, with day-to-day operational activities, such as service delivery, payroll functions and vendor payments, administered by the Va. CARES home office and its subcontractors. Given the City's own budgetary constraints, it is critical that the City not take on financial liability for the matching funds requirement. Under the DCJS funds that expired on December 31, 2002, Va. CARES was required to contribute matching funds, which it secured through local sources and its subcontractors. As a condition for becoming the Grantee for the federal funds, the City has stipulated that Va. CARES must provide the matching funds up front to operate during the initial six or more weeks under the Byrne Grant. By requiring Va. CARES to expend matching funds first, the City can eliminate the potential liability for providing matching funds. After the initial operating period, the City would disburse grant funds to the Va. CARES home office on a monthly basis. Disbursements would require documentation of allowable costs and additional matching funds, ensuring that these requirements are being satisfied. Initial use of match funds by Va. CARES is, in any case, necessary since grant funds cannot be drawn and disbursed until after City Council's action on the recommendation made in this report and necessary State and subgrant agreements are executed. At the January 21, 2003, meeting, a separate report will be submitted to City Council to accept the Byme Grant, appropriate funding, and authorize the City Manager to execute the agreement with Va. CARES. Recommendation: Authorize the City Manager to sign, on behalf of the City, the Va. CARES Byrne Grant application, contingent upon Va. CARES having secured cash matching funds sufficient to support its operations for a minimum of six weeks. Darlene L. Bur~ City Manager C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Management and Budget Frank E. Baratta, Budget Team Leader CM02-0293 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk January 14, 2003 File #227-562 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your communication and resolution with regard to an advertising policy for City publications, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, January 6, 2003. The resolution was tabled pending further review by City Staff and discussion by Council at a future work session. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pcz Jesse A. Hall, Director of Finance Christopher L. Slone, Director, Department of Communications HSAgenda.03~January 6, 2003 correspondence,wpd CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com January 6,2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Advertising Policy for City Publications Background: The city produces a number of publications on a regular basis, including Roanoke Citizen magazine and an annual municipal calendar, which are distributed to every household in Roanoke; City Comer, an internal newsletter distributed to approximately 3,000 city employees and retirees; and Happenings, a Parks and Recreation tabloid distributed through The Roanoke Times. These publications represent a significant expense to the city, but they also represent significant opportunities for commercial and non-profit advertisers to reach their potential customers, so long as their advertising is limited to paid advertising for consumer goods and services. The city has received a number of requests to advertise in these publications, and the advertising policy and fees proposed in the attached resolution would provide a uniform way to accept this advertising and recover a portion of the expense of providing these valuable public information services. Considerations: Most localities in Virginia do not produce publications of similar length, frequency or distribution as the Roanoke publications listed above. Of localities with comparable publications, Norfolk and Virginia Beach are the most notable examples for which advertising plays a large role. The proposed Roanoke advertising policy incorporates several provisions of the Norfolk and Virginia Beach policies, including prohibitions against political, religious, sexually oriented or issue advocacy advertisements. The advertising fees in the proposed policy are based on staff research of market rates for advertisements in similar commercial publications in the region. Recommended Action: City Council approve the proposed advertising policy and amend the Fee Compendium to accept advertising in the above-named city publications. Respectfully submitted, Darlene L. Burcham City Manager DLB:ctf C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Christopher L. Slone, Director of Communications CM02-00271 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION adopting a Publications Advertising Policy for the City of Roanoke, establishing advertising fees and amending the City's Fee Compendium. WHEREAS, the City has numerous informative publications, and is desirous of selling advertising space in those publications; and WHEREAS, in accordance with the recommendations contained in the City Manager's letter to Council dated January 6, 2003, the following proposed fees should be included in the Fee Compendium and the proposed advertising policy should be adopted. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The Council of the City of Roanoke hereby adopts the following advertising policy and establishes fees for advertising in the publications of the City. A. Advertising in the Roanoke Citizen magazine, Roanoke municipal calendar, City Comer newsletter, and Happenings brochure shall be limited to paid advertising for consumer goods and services. Political, religious, sexually oriented or issue advocacy advertisements shall be prohibited. B. Appropriate advertising shall be accepted on a first-come, first served basis as space is available in each publication. C. All advertising costing $250 or less must be paid for at the time the advertisement is submitted. For advertising costing more than $250, no less than half is to be paid at the time the advertisement is submitted, with the balance due thirty days thereafter. All checks should be made out to "City Treasurer." I I:kM EAS U RES\r-advfeepolicy. 1 .doc D. The City reserves the right to change publication dates with thirty days notice to advertisers. E. The deadline for all advertising placement is one month prior to the publication date. F. All advertising placement is at the discretion of the editor. Advertising rates shall be in the following amounts: Roanoke Citizen magazine Full-page inside cover $5,000 Full-page inside $4,000 Half-page inside $2,500 Roanoke municipaI calendar Back cover $6,000 City Comer Newsletter Half-page $ 250 Quarter-page $ 150 Eighth-page $75 Happenings Brochure Full-page back cover $3,000 Full-page inside covers $2,000 Full-page inside $1,000 Half-page inside $ 600 Quarter-page inside $ 350 G. The City Manager shall have the authority to reduce advertising rates to the extent appropriate to credit advertisers for goods or services provided to the City, to provide discounts of up to fifty (50%) for non-profit advertising, or to provide discounts of up to twenty-five percent (25%) for advertisers who agree to place multiple advertisements in City publications. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fees for advertising in the publications of the City. H:/M EASURES\R-ADVFEEPOLICY. 1 .DOC 3. Resolution No. 32412-032795 is hereby amended to the extent and onlyto the extent of any inconsistency with this Resolution. ATTEST: City Clerk. H:/M EASURES\R-ADVFEEPOLIC y. 1 DOC CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk January 14, 2003 File #10-60 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 6, 2003, Council Member Carder requested information on those programs that have been mandated by State and Federal governments which have not been funded, and/or funding has been reduced by the State and/or Federal governments. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc; Jesse A. Hall, Director of Finance Barry L. Key, Director, Office of Management and Budget H:~Agenda.03~January 6, 2003 correspondence.wpd JESSE A. HALL Director of Finance email: jesse hall@¢i roanoke va us CITY OF ROANOKi , DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: annshawver@ci.roanokc.va.us January 6, 2003 The Honorable Ralph K. Smith, Mayor The Honorable C. Nelson Hams, Vice Mayor The Honorable William D. Bestpitch, Council Member The Honorable William H. Carder, Council Member The Honorable M. Rupert Cutler, Council Member The Honorable Alfred T. Dowe, Jr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: SUBJECT: November Financial Report This financial report covers the first five months of the 2002-2003 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General fund revenues are down 0.5% compared to the same period last year. The City was notified in October of approximately $387,000 in State revenue reductions. Further cuts were proposed in Governor Wamer's recommended budget revisions presented on December 20, 2002. We are currently assessing the impact of the additional proposed reductions and will closely monitor General Assembly actions on the Governor's proposed budget amendments. Variances in specific categories of revenues are as follows: General Property Taxes increased 5.11% or $1,289,000. Real estate taxes, which were due October 5, increased 5.01%, and achieved 50.48% of the budget estimate. Personal property levies, generated primarily from pro-ration assessments for vehicle trades and purchases, were up from the prior year. However, the majority of property tax revenue will be received in the latter part of the fiscal year as the annual assessments become due. Public service corporation taxes declined, partially due to a number of large refunds processed in the current year. In addition, billing of this tax was later than in the prior year, causing a timing difference in collections. Other Local Taxes declined 1.30% or $185,000. Electric and telephone utility tax decreased due to timing differences in monthly collections. Telecommunications right of way use fees also declined due to timing differences. Business and professional occupational license (BPOL) tax was down, but the majority of this tax will be received in future months as the tax becomes due March 1. As of November 30tt~, sales tax revenues were up nearly 4% compared to the prior year. However, inclusive of the mid-December collection which represented retail sales activity for the month of October, sales tax is now up only about 2% on a year-to-date basis when compared to the prior year. Cellular phone tax revenue has increased due to efforts by City staff to ensure service providers correctly remit revenues to the proper jurisdictions. Effective July 1, 2002, admissions tax rates were increased from 5% to 6.5%, and collections for the current year increased substantially. Transient room tax also increased from the prior year. Honorable Mayor and Members of Council January 6, 2003 Page 2 Permits, Fees and Licenses declined 19.25% or $88,000. Permit valuations for commercial projects during the first five months of the current fiscal year were lower than the same period in the prior year, having a negative impact on building and heating inspection fees. Elevator inspection has been privatized with the majority of fees paid directly to a third party, causing a decline in elevator inspection revenues. There was also an expenditure decline related to this privatization effort. Fines and Forfeitures increased 47.34% or $168,000. Parking ticket revenue was up almost $126,000 from the prior year. In late fall of the prior year, the ticketing function was civilianized. As a result, the number of parking tickets issued increased substantially. Also, the penalty for late payment of parking tickets was increased effective July 1, 2002, generating additional parking ticket revenue. General District Court fines were up due to an increased caseload. Grants-in-Aid Commonwealth decreased 12.60% or $1,624,000. Social services revenue declined due to a timing difference in collection of monthly reimbursement from the Commonwealth. As anticipated, revenue received from the state under the Virginia Juvenile Community Crime Control Act (VJCCCA) for the first two quarters of FY03 decreased 51% from the prior year. Revenue received under HB599 for law enforcement declined 7.4%. Jail block grant revenues are down almost 16% from the prior year due to a change in the formula used to calculate per diem reimbursements for the housing of inmates. The new formula includes a state cost recovery component based on the percentage of federal prisoners or inmates from other states held by contractual agreement. This component decreases the jail block grant payments to the City. Reimbursement received for shared expenses of the constitutional offices was down more than 4% due to normal operating occurrences. Future month reimbursements from the compensation board will further decline as state budget reductions take effect. Charges for Services rose 22.66% or $236,000. Several new fees were authorized by the 2002 General Assembly and were effective July 1, 2002, including a courthouse security fee, inmate processing fee and DNA sampling fee. Circuit Court Clerk fees were up due to the recording of deeds for a number of high value property sales in the current year. A new fee structure for bulk garbage collection generated additional revenue. A rate increase in EMS fees was effective April I, 2002, contributing to the increase in this category. While overall revenue in this category is up from the prior year due to fee increases and the establishment of new fees, several of these fees are under performing their estimates. Miscellaneous Revenue declined 21.27% or $23,000. This is a result larger seized property and surplus property sales in the prior year for the same time period. Internal Services decreased 11.25% or $46,000. Airport billings are based on operating costs of the fire station located adjacent to the airport. Personal services costs of the airport fire station were down, causing a decline in airport billings. IntemaI billings for street and grounds maintenance were also down. EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have decreased .70% or $620,000 compared to FY02. Variances in individual expenditure categories are discussed as follows: General Government expenditures decreased 5.63% or $275,000 largely due to a decline in personal service costs in various departments due to a hiring slow down. Reimbursement from the Schools for services provided by Municipal Auditing was received earlier in F03 than the prior year. Since this is accounted for as a recovered cost, it has the effect of reducing expenditures in FY03 compared to FY02. Honorable Mayor and Members of Council January 6, 2003 Page 3 Health and Welfare expenditures rose 11.16% or $1,042,000. Timing differences in payment to the Health Department contributed to this increase. Expenditures under the Comprehensive Services Act (CSA) were up due to a substantial increase in the number of children in foster care who are not eligible for Title IV-E payments. Special education private day school placements were also up from the prior year, contributing to the increase in CSA expenditures. The City's share of the state and local hospitalization program increased from the same period in the prior year. Parks, Recreation and Cultural expenditures declined 9.93% or $221,000. Personal services costs of the Recreation department decreased due to vacancies in a number of full-time positions. In addition, several labor-intensive program cuts, the elimination of a project assistant position and shortened hours at pool facilities caused temporary wage costs to decline. Pool supplies, a scoreboard and miscellaneous furnishings and appliances for the fitness centers were purchased in the prior year. Library costs were down due to a decrease in publication and subscription expenditures. Department of Technology charges also declined. Community Development expenditures rose $269,000 or 12.59% due to an increase in Housing and Neighborhood Services costs. In September of FY02, this department was reorganized, and additional positions were added to handle changes in the code enforcement area. Thus, the first months of FY02, prior to reorganization, reflect lower personal services costs. Department of Technology charges were also higher in the current year. Transfer to Debt Service Fund increased 50.16% or $4,014,000. The current fiscal year was the first year principal and interest payments were required for the Series 2002A General Obligation Bonds, and a larger principal payment was required on the Series 1997B Bonds, increasing the required transfer amount. The final principal and interest payments were made in the prior fiscal year for Series 1992 Refunding Bonds, partially offsetting these increases. Transfer to School Fund increased $996,000 or 5.20%. CMERP appropriations totaling $691,811 were transferred in the current year while no CMERP funds had been transferred by November 30 of the prior year. These funds will be used for various school projects including technology requests, bus replacement, facility maintenance and physical education equipment. Nondepartmental expenditures decreased 59.34% or $5,261,000. A timing difference in the transfers to Capital Projects Fund contributed to this variance. Essentially all transfers to the Capital Projects Fund were made at the beginning of FY02, but these are planned for mid- and end of year in FY03, consistent with other General Fund budgeted transfers. A larger amount of CMERP funding was transferred to the Capital Projects and Department of Technology Funds in the prior year. Transfers to Greater Roanoke Transit Company have decreased, partially offsetting these increases. I would be pleased to answer questions City Council may have regarding the monthly financial statements. JAH/tht Attachments Director'of'Finance CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY NOVEMBER 30, 2002 Transfer Number Date Explanation General Fund: CMT-1368 09/03/02 The Art Project Feasibility Study CMT-649 09/26/02 American Flag Inventory CMT-651 11/12/02 Terrorism Conference CMT-653 11/11/02 Terrorism Conference From T..~o Amount Contingency* Police Patrol Fire-Support Police Training Capital Projects Fund: CMT-646 09/20/02 Century Square Project CMT-646 09/20/02 Century Square Project CMT-1385 10/31/02 Final Household Hazardous Waste Collection Day CMT-1385 10/31/02 Final Household Hazardous Waste Collection Day Special Park Project Grants Roanoke River Center Phase I Capital Improvement Reserve Capital Improvement Reserve Available Continflency Balance of Contingency at July 1,2002 *Contingency Transfers From Above Contingency Appropriations Through Budget Ordinances: BO 36022 08/19/02 Drug Prosecutor Contingency Available Contingency at November 30, 2002 Memberships and Affiliations $ 37,500 Transportation-Engineering and Operations 5,100 Environmental Services and Emergency Management 1,195 Environmental Services and Emergency Management 669 Total General Fund ~ 44,464 Sister City Century Square Upgrade $ 145 Sister City Century Square Upgrade 3,855 Environmental Issues- PWSC 5,000 Settlement State DEQ- PWSC 60,000 Total Capital Projects Fund $ 69,000 $ 476,300 (37,500) Transfer to Grant Fund (9,381) $ 429,419 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENTOFREVENUE General Preperb/Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Date for the Period July 1 - Nov 30 July I - Nov 30 Percentage 2001-2002 2002-2003 of Change $ 25,248,577 $ 26,537,875 14,263,547 14,078,598 459,162 370,757 355,842 524,315 415,590 409,642 12,887,076 11,263,158 1,043,905 1,280,404 109,755 86,412 406~172 360~497 $ 55;189~626 $ 54~9t11658 Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received 5.11 % $ 78,340,707 33.87% -1.30 % 59,301,164 23.74% -19.25 % 1,030,694 35.97% 47.34 % 1,116,350 46.97% -1.43 % 1,082,729 37.83% -12.60 % 45,687,395 24.65% 0.00 % 34,300 0.00% 22.66 % 4,353,761 29.41% -21.27 % 295,045 29.29% -11.25 % 2,302~219 15.66% -0.50 % $ 193544364 28.37% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period July I - Nov 30 July I - Nov 30 Percentage Expenditures 2001-2002 2002-2003 of Change General Government $ 4,887,812 $ 4,612,819 Judicial Administration 2,447,736 2,550,446 Public Safety 19,351,321 18,552,813 Public Works 11,855,134 11,368,774 Health and Welfare 9,332,547 10,374,234 Parks, Recreation and Cultural 2,228,843 2,007,429 Community Development 2,133,173 2,401,817 Transfer to Debt Service Fund 8,002,205 12,016,455 Transfer to School Fu nd 19,161,528 20,157,121 Nondepartmental 8,866,750 3~605~463 Total $ 881267r049 $ 87~647~371 Current Fiscal Year Percent of Unencumbered Revised Budget Balance Appropriations Obligated -5.63 % $ 7,008,174 $ 11,620,993 39.69% 4.20 % 3,742,960 6,293,406 40.53% -4.13 % 27,960,308 46,513,121 39.89% -4.10 % 13,593,911 24,962,685 45.54% 11.16 % 17,074,519 27,448,753 37.79% -9.93 % 2,802,600 4,810,029 41.73% 12.59 % 3,100,966 5,502,783 43.65% 50.16 % 4,830,587 16,847,042 71.33% 5.20 % 27,251,435 47,408,556 42.52% -59.34 % 7~048~705 10~654,168 33.84% -0.70% $ 114414165 $ 2021061~536 43.38% Note: Prior year financial statements have been restated to conform to current year presentation. 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July I - Nov 30 July 1 - Nov 30 Percentage Revenue Estimate 2001-2002 2002-2003 of Change Estimates Received $ 2,201,694 $ 1,852,124 -15.88 % $ 9,226,504 20.07 % 14,863,894 13,909,028 -6.42 % 43,236,695 32.17 % 28,905 25,150 -12.99 % 115,298 21.81% 312,840 264,550 -15.44 % 2,127,968 12~43 % 19,161,528 20,157,121 5.20 % 47,408,556 42.52 % 3~998,329 3~526~813 -11.79 % 5,768~227 NA $ 40,567,190 $ 39,734,786 -2.08 % $ 107,883,248 36.83 % SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July 1 - Nov 30 July I - Nov 30 Expenditures 2001-2002 2002-2003 Instruction $ 25,044,251 $ 27,358,847 General Support 1,375~021 1,579,008 Transpor[ation 1,280,652 1,350,908 Operation and Maintenance of Plant 3,791,081 4,241,993 Facilities 1,287,205 1,673,693 Other Uses of Funds 5,323,609 5,422,063 Special Purpose Grants 5,666,687 5~768,227 Total $ 43,768,806 $ 47,394,739 Percentage Unencumbered of Change Balance 9.24 % $ 48,585,518 14.84 % 2,441,109 5.49 % 2,667,310 Percent of Revised Budget Appropriations Obligated $ 75,944,365 36.02 % 4,020,117 39.28 % 4,018,218 33.62 % 11.89 % 6,675,420 10,917,413 38.86 % 30,03 % 414,873 2,088,566 80.14 % 1.85 % 1,647,656 7,069,719 76.69 % 1.79% 5,768~227 NA 8.29 % $ 62,4311886 $ 109,826,625 43.15 % Notes: Prior year financial statements have been restated to conform to current year presentation~ CITY OF ROANOKE, VIRGINIA SCHOOL FOOD SERVICES FUND STATEMENT OF REVENUE Revenue Source Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Total Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July 1 - Nov 30 July 1 - Nov 30 Percentage Revenue Estimate 2001-2002 2002-2003 of Change Estimates Received $ 84,483 $ 85,171 0.81% $ 84,464 100.84 % 442,743 503,098 1363 % 2,747,730 18.31% 541,522 490,012 -9.51% 1,689,923 29.00 % $ 1,068,748 $ 1,078,281 0.89 % $ 4,522,117 23.84 % SCHOOL FOOD SERVICES FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Expenditures Food Services Facilities Total Percent of July I - Nov 30 July I - Nov 30 Percentage Unencumbered Revised Budget 2001-2002 2002-2003 of Change Balance Appropriations Obligated $ 1,643,431 $ 1,490,928 -9.28 % $ 3,034,563 $ 4,525,491 32.95 % 24,062 100.00 % (9,616) 14,446 166.57 % $ 1,643,431 $ 1,514,990 ~7.82 % $ 3,024,947 $ 4,639,937 33.37 % CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF NOVEMBER 30, 2002 Budget General Government $ 14,821,884 Flood Reduction 21,529,387 Economic Development 32,911,540 Community Development 6,851,643 Public Safety 8,524,471 Recreation 28,632,537 Streets and Bridges 26,331,040 Storm Drains 3,212,131 Traffic Engineering 5,276,952 Capital improvement Reserve 7,540,186 Expenditures Unexpended Outstanding Unobligated To Date Balance Encumbrances Balance $ 13,416,721 $ 1,405,163 $ 125,209 $ 1,279,954 10,439,134 11,090,253 182,418 10,907,835 23,489,623 9,421,917 93,503 9,328,414 5,024,388 1,827,255 923,888 903,367 7,217,471 1,307,000 14,100 1,292,900 7,583,964 21,048,573 1,763,544 19,285,029 22,164,485 4,166,555 1,602,362 2,564,193 2,210,596 1,001,535 450,698 550,837 4,867,989 408,963 285,256 123,707 7,540,186 7,540,186 Total $ 155,631,771 $ 96,414,371 $ 59,21~7,400 $ 5,440,978 $ 53,776,422 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF NOVEMBER 30, 2002 Elementary Schools Renovation Middle Schools Renovation High Schools Renovation Transportation Facility Renovation interest Expense Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance 17,558,105 $ 12,631,371 $ 4,926,734 $ 314,602 $ 4,612,132 2,840,307 2,770,711 69,596 29,048 40,548 3,525,763 3,504,008 21,755 153 21,602 1,000,000 1,619 998,381 86,131 912,250 262,929 241,584 21,345 21,345 1,051,271 1,051,271 1,051,271 $ 26,238,375 $ 19,149,29._~_____3 $ 7,089,082 $ 429,934 $ 6,659,148 5 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE FIVE MONTHS ENDING NOVEMBER 30, 2002 Interest Revenue: Interest on Bond Proceeds Interest on SunTrust Lease interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: FEMA - Regional Mitigation Project Commonwealth: Passenger Station Improvement ~ ISTEA VDES - Garden City Mitigation Project Virginia Transportation Museum - ISTEA Railside Linear Walk - ISTEA Total Intergovernmental Revenue Revenue from Third Parties: Advance Stores Governor's Opportunity Fund Agreement Carillon Health Systems - Land Sale Trigon Insurance - Land Sale Times-World Corporation - Land Sale Total Revenue from Third Parties Other Revenue: Transfers from General Fund Total Other Revenue Total FY 2003 $ 467,678 451 135,581 603,710 191,554 357,791 135,386 684,731 170,000 170,000 1,284,023. 1,284,023 $ 2,742,464 FY 2002 $ 261,200 8,959 26O,667 530,826 19,223 10,143 16,176 45,542 375,000 100 100 375,200 5,147,517 5,147,517 $ 6,099,085 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE FIVE MONTHS ENDING NOVEMBER 30, 2002 FY 2003 FY 2002 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton City of Salem County of Botetourt County of Bedford Customer Services Charges for Services 1,752,826 1,259,981 238,764 7,714 14,629 91,834 2,853 165,409 1,073,029 1,671,069 1,195,128 318,016 8,699 10,238 80,164 6,893 304,107 1,050,938 Total Operating Revenues 4,607,039 4,645,252 Operating Expenses Personal Services Operating Expenses Purchased Water - Roanoke County Purchased Water - City of Salem Depreciation 1,756,555 1,851,881 875,212 300,575 697,305 1,733,448 1,610,555 699,832 4,043,835 601,417 Total Operating Expenses 5,481,528 (874,489) Operating Income (Loss) Nonoperating Revenues (Expenses) Interest on Investments Rent Miscellaneous Revenue Transfer to Department of Technology Interest and Fiscal Charges 45,642 47,330 19,053 (41,146) (399,146) 94,130 30,360 42,223 (430,729) Net Nonoperating Expenses (328,267) $ (1,202,756) (264,016) $ 337,401 Net Income (Loss) Note: Prior year financial statements have been restated to conform to current year presentation. 7 CITY OF ROANOKE, VIRGINIA WATER POLLUTION CONTROL FUND COMPARATIVE INCOME STATEMENT FOR THE FIVE MONTHS ENDING NOVEMBER 30, 2002 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges ~ Botetourt County Customer Services Interfund Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues (Expenses) Interest on Investments Miscellaneous Revenue Capital Contributions - Other Jurisdictions Transfer to Department of Technology Interest and Fiscal Charges Net Nonoperating Expenses Net Loss FY 2003 $ 2,282,185 326,502 73,544 227,932 59,839 140,357 71,057 3,181,416 861,097 1,643,626 785,598 3,290,321 (108,905) 66,929 320 14,205 (27,248) (309,954) (255,748) $ (364,653) FY 2002 $ 2,538,455 259,746 74,985 268,085 48,678 60,951 88,728 3,339,628 883,424 2,339,040 713,751 3,936,215 (596,587) 92,524 91 (316,490) (223,875) $ (820,462) Note: Prior year financial statements have been restated to conform to current year presentation. 8 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE FIVE MONTHS ENDING NOVEMBER 30, 2002 Operating Revenues Rentals Event Expenses Display Advertising Admissions Tax Electrical Fees Novelty Fees Facility Surcharge Charge Card Fees Commissions Catering/Concessions Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Interest on Investments Transfer from General Fund Transfer from Capital Projects Fund Transfer to Debt Service Fund Transfer to Department of Technology Fund Miscellaneous Total Nonoperating Revenues Net Loss FY2003 $ 102,215 55,412 75,113 4,970 17,433 31,693 1,740 35,160 156,259 5,458 485,453 710,613 783,245 273,765 1,767,623 (1,282,170) 14,547 200,000 (50,546) (47,754) 236 116,483 $ (1,165,687) FY 2002 $ 99,122 34,015 50,200 26,385 8,410 6,006 39,994 17,383 1,038 231,376 10,140 524,069 703,261 596,348 207,663 1,507,272 (983,203) 10,711 200,000 385,000 4O8 596,119 $ (387,084) 9 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE FIVE MONTHS ENDING NOVEMBER 30, 2002 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Williamson Road Surface Lots Gainsboro Parking Garage Norfolk Avenue Surface Lot Gainsboro Surface Lot Other Surface Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Transfer From General Fund Miscellaneous Interest and Fiscal Charges Net Nonoperating Expenses Net Income FY 2003 $ 157,477 $ 178,642 94,993 180,145 161,128 31,573 14,267 23,149 15,171 1,388 857,933 328,918 232,009 560,927 297,006 4,790 115,000 9,855 (244,921) (115,276) $ 181,730 FY 2002 $ 159,217 183,198 92,324 188,887 153,416 30,824 16,090 10,081 834,037 248,570 227,187 475,757 358,280 5,676 32,000 932 (207,134) (168,526) $ 189,754 10 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER COMMISSION COMPARATIVE INCOME STATEMENT FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2002 Operating Expenses Salaries and Fringe Benefits Fees for Professional Services Administrative Expenses Total Operating Expenses Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Construction Repairs (2) Interest on Investments Net Nonoperating Revenues Net Income Before Depreciation Depreciation Expense FY 2003 FY 2002 19,887 38,840 29,592 26,458 1,547 35,473 5%026 100,771 62,500 87,500 62,500 87,500 15,409 31,590 58,388 156,590. 248,797 105,564 148,026 (213,015) (189,413) Net Loss $ (107,451) $ (41,387) Notes to Financial Statements: (1) Financial information represents activity of the Commission as accounted for in the City's financial records. (2) Expense items are normally shown with brackets. Reversal of year end accruals without adequate offsetting payment cause construction expenses to be positive through November 30, 2001. 11 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE FIVE MONTHS ENDING NOVEMBER 30, 2002 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues (Expenses) Interest Revenue Interest Expense Transfers From Other Funds Other Revenue Net Nonoperating Revenues Net Income (Loss) TOTALS Department of Fleet Risk Technology Management Management FY 2003 FY 2002 $ 1,704,795 $ 1,783,667 $ 4,326,664 $ 7,815,126 $ 7,354,987 1,704,795 1,783,667 4,326,664 7,815,126 7,354,987 904,358 514,931 61,373 1,480,662 1,511,646 530,527 805,204 4,766,569 6,102,300 5,232,179 302,626 870,250 1,172,876 1,017,041 1,737,511 2,160,385 4,827,942 8,755,838 7,760,866 (32,716) (406,718) (501,278) (940,712) (405,879) 39,833 8,351 87,665 135,849 243,774 (3,611) (32,357) (35,968) (28,053) 634,753 538,577 1,173,330 2,793,442 10,184 670,975 514,571 87,665 1,273,211 3,019,347 $ 838,259 $ 107,853 $ (413,613) $ 332,499 $ 2,613,468 Note: Prior year financial statements have been restated to conform to current year presentation. 12 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED NOVEMBER 30, 2002 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED NOVEMBER 30, 2002. BALANCE AT ~ALANCE AT BALANCE A'r~ iEN FUND , ERAL OCT 31, 2002 RECEIPTS DISBURSEMENTS NOV 30, 2002 _ NOV_30, 2001 $2,309,258.47 $6,494,741.66 $14,202,759.20 ($5,398,759.07) ($2,838,785.44) 5,467,114.14 621,299.95 568,316.23 5,520,097.86 6,856,400.52 9,477,160.39 1,363,17633 1,947,078.16 8,893,258.56 7,026,149 2,729,045.34 42,634.07 457,448.77 2,314,230.64 549,732.69 140,166.65 161,860.09 27,153.77 274,872.97 380,553.38 60,448,745.32 93,479.22 2,087,272.91 58,454,951.63 33,785,439.78 4,509,170.37 2,693.85 8,579.68 4,503,284.54 4,099,344.39 ~ 2,606.00 0.00 2,606.00 0.00 2,521,293.75 i 14,345,545.01 65,657.04 0.00 14,411,202.05 13,335,005.63I 5,5711016.42 325,448.71 268,669.83 5,627,795.30 5,966,909.96 0.00 0.00 0.00 0.00 284,136.02 1,664,270.48 142,393.93 270,372.14 1,536,292.27 1,100,889.08 (12,114,605.15) 15,375,407.74 17,198,289.93 (13,937,487.34) (12,337,232.68)I 11,567,758.62 989,058.53 764,608.65 11,792,208.50 12,390,030.74I 909,998.37 1,526,791.28 1,539,000.24 897,789.41 (209,200.13~ 12,967,497.07 2,142,889.90 6,590,242.74 8,820,144.23 10,591,316.791 8,080,314.68 802,611.31 367.20 8,882,558.79 2,695,220.14 2,145.28 494,233.38 376,597.09 119,781.57 (38,639.12~ 108,333.15 136,944.00 105,455.53 139,821.62 172,516.23 1,040,796.23 377,838.23 I 394,376.06 944,143.85 $31,822,117.22 $46,792,656.30 $113,946,419.59 $87,275 22~.61 ~ WATER WATER POLLUTION CONTROL C V C FACILITIES PARKING CAPITAL PROJECTS CONFERENCE CENTER RKE VALLEY DETENTION COMM DEBT SERVICE ! DEPT OF TECHNOLOGY ' MATERIALS CONTROL FLEET MANAGEMENT PAYROLL RISK MANAGEMENT PENSION SCHOOL FUND SCHOOL CAPITAL PROJECTS SCHOOL FOOD SERV CE , FDETC GRANT 731,418.06 TOTAL $128,916,958.67 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED NOVEMBER 30, 2002. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HIGH PERFORMANCE MONEY MARKET LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT REPURCHASE AGREEMENTS U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $13,866.18 3,304,374.29 12,463,381.50 27,146,086.65 10,301,399.84 5,000,000.00 10,904,125.00 44,813,186.13 $113~946,419.59 DATE: DECEMBER 11, 2002 DAVID C. ANDERSON, TREASURER 13 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2002 Additions: Employer Contributions Investment Income Net Appreciation (Depreciation) in Fair Value of Investments Interest and Dividend Income Total Investment Income (Loss) Less Investment Expense Net Investment Income (Loss) Total Additions (Deductions) FY 2003 FY 2002 $ 1,683,411 $ 1,583,316 (9,436,426) (5,795,769) 730,969 1,184,359 (8,705,457) (4,611,410) 91,427 (27,521) (1) (8,796,884) (4,583,889) (7,1 '13,473) $ (3,000,573) Deductions Benefits Paid to Participants Administrative Expenses Total Deductions Net Increase (Decrease) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance November 30 $ 6,815,751 $ 6,077,742 36,505 18,343 6,852,256 6,096,085 (t 3,965,729) (9,096,658) 289,534,315 $275,568,586 326,337,980 $317,241,322 (1) Negative amount reflects the reversal of accrual accounting entries made for fiscal year-end financial reporting purposes. 14 CITY OF ROANOKE PENSION PLAN BALANCE SHEET NOVEMBER 30, 2002 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets FY 2003 $ 891,829 276,051,160 1,590 5,785 $ 276,960,364 FY 2002 $ (209,353) 318,672,618 1,749 5,434 $ 318,470,448 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance $ 1,373,350 8,428 1,381,778 289,534,315 (13,965,729) 275,568,586 $ 276,950,364 $ 1,226,673 2,453 1,229,126 326,337,980 (9,096,658) 317,241,322 $ 318,470,448 15 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of Januarys 2003. No. 36193-010603. A RESOLUTION amending Paragraph 2(a) of Resolution No. 35958-070102, which established a meeting schedule for City Council for the Fiscal Year commencing July 1, 2002, and terminating June 30, 2003, in order to change the time of commencement of the regular meetings of City Council to be held on the first Monday in each month from 12:15 p.m. to 9:00 a.m. WHEREAS, Resolution No. 35958-070102, adopted on July I, 2002, established a meeting schedule for City Council for the Fiscal Year commencing July 1, 2002, and ending June 30, 2003; and WHEREAS, it is the desire of City Council to change the time of commencement of the regular meetings scheduled to be held on the first Monday of each month from 12:15 p.m. to 9:00 a.m. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Paragraph 2(a) of Resolution No. 35958-070102, adopted on July 1, 2002, is hereby amended to read and provide as follows: 2. For such fiscal year, City Council shall hold regular meetings on the first, third and fifth Mondays of each month, at the following times of commencement: (a) Unless otherwise provided by resolution of Council, each regular meeting on the first Monday in each month shall commence at 9:00 a.m. for the conduct of informal meetings, work sessions or closed meetings. Thereafter Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 9:00 a.m. session and the 2:00 p.m. session. 2. All other provisions relating to establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2002, and ending June 30, 2003, contained in Resolution No. 35958-070102, shall remain unchanged and in full force and effect. ATTEST: City Clerk. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanok¢.va.us January 14, 2003 File #15-110-230 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Nelett H. Lor 3504 Sunscape Lane, Apt. 714 Roanoke, Virginia 24018 Dear Ms. Lor: At a regular meeting of the Council of the City of Roanoke which was held on Monday, January 6, 2003, you were appointed as a member of the Roanoke Arts Commission, for a term ending June 30, 2005. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving irs the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. H:~Agenda.03\January 6, 2003 Oaths.wpd Ms. Nelett H. Lor January 14,2003 Page 2 On behalf of the Mayor and Members of City Council, would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Arts Commission. Mary F. Parker, CMC City Clerk MFP:mh Enclosures pc~ Mark C. McConnel, Chair, Roanoke Arts Commission, 546 Camilla Avenue, S. E., Roanoke, Virginia 24014 Judith M. St: Clair, Secretary, Roanoke Arts Commission Stephanie M. Moon, Deputy City Clerk H:~Agenda.03~January 6, 2003 Oaths.wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of January, 2003, NELETT H. LOR was appointed as a member of the Roanoke Ads Commission, for a term ending June 30, 2005. Given under my hand and the Seal of the City of Roanoke this fourteenth day of January, 2003. City Clerk H:~,genda.03~January 6, 2003 Oaths.wpd ROANOKE REGIONAL LEADERSHIP SUMMIT FRIDAY, JANUARY 17, 2003 CENTER IN THE SQURE HISTORY MUSEUM Call to Order/Roll Call by individual localities. Welcome and Introduction of Attendees - Mayor Ralph K. Smith Welcome and History of Center in the Square - BaTbarad.:emon, Chair, Center in the Square Board of Directors Remarks - "The Next step in securing a Iow-fare air carrier to Roanoke Regional Airport" - Barry DuVal, Consultant, Roanoke Regional Airport Alliance Open Discussion Announcement of next Regional Leadership Summit Dr. Ray Smoot, Vice President of Administration and Treasurer, Virginia Polytechnic Institute and State University Acknowledgement: Thank You to Attendees Hosts - Center in Square - Jim Sears and Staff History Museum - Kent Chrisman and Staff Party Staff Catering Invite Attendees to tour Center in Square (Jim Sears) Adjourn Roanoke Leadership Summit Friday, January 17, 2003 12:00 noon Center in the Square - History Museum List of Attendees ~The Honorable Ralph K. Smith, Mayor City of Roanoke ~..--T-h~e Honorable Rupert Cutler Roanoke City Council 't~-he'~lonorable William D. Bestpitch Roanoke City Council ~ Darlene Burcham Roanoke City Manager The Honorable Frank Hepler Alleghany County Board of Supervisors The Honorable Samuel Wilhelm Alleghany County Board of Supervisors /.-'l~r. Rick Hall Deputy County Administrator Alleghany County (Representing Tammy Stephenson - County Administrator) The Honorable Bobby Pollard Bedford County Board of Supervisors The Honorable Wendy Wingo Botetourt County Board of Supervisors The Honorable H. Odell "Fuzzy" Minnix Roanoke County Board of Supervisors ~¢'he Honorable Joe "Butch" Church Roanoke County Board of Supervisors ~he Honorable Richard Flora Roanoke County Board of Supervisors f.~The Honorable Joseph McNamara Roanoke County Board of Supervisors ~The Honorable Mike Altizer Roanoke County.Board of Supervisors ~'l~r. Elmer C. Hodge, Jr. Roanoke County Administrator Mr. Bob Isner Director of Economic Development Montgomery County (Representing Jeffrey Johnson Montgomery County Administrator) The Honorable Donald Davis Mayor, Town of Vinton The Honorable Tom Rotenberry Vinton Town Council /.-I~. Clayton Goodman, Jr. Vinton Town Manager t-The/Honorable Carl E. "Sonny" Tarpley Mayor, City of Salem ~Honorable Gerald Pace Salem City Council The Honorable Howard Packett Salem City Council ~-T-he'lLIonorable John Givens Salem City Council ,;~-Th/e Honorable Alex Brown Salem City Council Dr. Raymond D. Smoot, Jr. Vice President of Administration and Treasurer Va. Tech University (Representing Dr. Charles Steger) Dr. Ed Murphy, President/CEO Carillon Health Systems ~ Doughty, President/CEO Roanoke Regional Chamber of Commerce Diane Childress Roanoke County Clerk of Board Barbara Lemon, Vice Chair Center in the Square Board of Directors ent Sears, Executive Director er in the Square ~'R(~rry DuVal, Consultant anoke Regional Airport Alliance ~ayne Strickland, Roanoke Valley-Alleghany Regional Alliance Chris Slone, Public Information Officer City of Roanoke Joyce Johnson, Assistant to the Mayor City of Roanoke Michelle Hopkins, Executive Secretary City Clerk Office For immediate Release Conta~: Chris Slone Director of Communications City of Roanoke 540-853-2333 June 14, 2002 Business-Driven Alliance Announces Quest to Help Improve Regional Air Service ROANOKE, Va. - A broad coalition of public officials and private business leaders unveiled today a regional alliance newly created to assist the Roanoke Regional Airport Commission in pursuing federal assistance and other means to improve local air service. The mission of the Roanoke Regional Airport Alliance which includes the leadership of private companies such as Carillon Health System, Advance Auto Parts, Virginia Tach, MeadWestvaco and others--is to stimulate and enhance economic development in the Roanoke Regional Airport's service area by providing the airport monetary support and a forum for information exchange among the business community, the airport, and the communities served by the airport. "VVith open arms, the Roanoke Regional Airport Commission welcomes the assistance and support of these business leaders," said Jacqueline Shuck, executive director of the Roanoke Regional Airport Commission, the body that owns and operates the airport. "With the addition of these strategic partners, we feel we can be much more effective in our endeavors to enhance airport service.' In what is developing into a national trend, airports in smaller cities--Pensacola, Fla., Rochester, N.Y., Tallahassee, Fla., and Wichita, Kan., to name a few--are partnering with local businesses to bring better service to their airports. Both Newport News and Richmond have adopted this approach. "The Roanoke region is stepping up and saying that we too w~nt to control our own destiny,' said Shuck. 'Simply put, this partnership puts local busi~less leaders in the co-pilot's seat, alongside the Roanoke Regional Airport Commission,' said Roanoke Mayor Ralph Smith. The mayor thanked the Regional Leadership Summit for spa~king life into this idea. The summit's mayors and chairS, along with the Airport Commission, have rostand endorsed the strategy. UThey're the ones who'll together be developing a flight plan to get us to where we need to be. It's certainly a proactive approach to one of our area's most. daunting challenges." Office of Public Informalion Municipal South, Room364 215 Church Ave., S.W. Roano'ke, VA 24011 (540) 853-2336 CityWeb:www. cLroauoke.va.u s The Roanoke Regional Chamber of Commerce will facilitate the administration of the new alliance. 'As a partner in the Roanoke Regional Airport Alliance, the Chamber will be working to improve the region's air service and consequently its business climate," said Chamber Chairman G. Michael Pace. Roanoke's business community represents approximately 60 percent of the passengers who use the Roanoke Regional Airport. The airport's service area Is comprised of 19 counties. Eighteen entities within the service area have already expressed support for this development effort: · City of Roanoke · County of Roanoke · -Cityof Bedford · City of Salem · County of Bath · County of Botetourt · County of Floyd · County of Giles · Town of Chrisfiansburg · Town of Vinton · County of Wytha · City of Covington · County of Alleghany · County of Bland · County of Craig · County of Franklin · Town of Blacksburg · Virginia Tech/Montgomery Regional Airport Authority According to Joseph "Butch' Church, chain'nan of the Roanoke County Board of Supervisors, the communities' goal is 'to improve air service at the Roanoke Regional Airport to benefit our citizens, corporations, and other institUtions in this area of Virginia and West Virginia. This regional initiative is a wonderful effort and Roanoke County pledges its solid support." In April, the Airport Commission and a coalition Of communities it serves applied for a federal grant of $2 million from the U.S. Department of Transportation through a Small Community Air Service Development Pilot Project. That grant application is still pending~ With the assistance of the Fifth Planning Distdct Regional Alliance, the local jurisdictions have retained former state Secretary of Commerce and Trade. Barry E. DuVal, to help navigate the path ahead. DuVal Is president and chief executive officer of the Newport News-based consulting firm, Kaufman & Canoles Consulting LLC. A former mayor of the city of Newport News, DuVal has for many years been actively involved in promoting new air service. Statements from Local Business Leaders Roanoke'= business community represents approximately 60 percent of me passengers who use the Roanoke Regional Airport. The following are a few statements made rec, entiy by Inca! business leaders in support of the Roanoke Regional Airport Alliance, Its mission, and its goals. "As a partner in the Roanoke Regional Airport Alliance, the Roanoke Regional Chamber will be working to improve the region's air service and consequently its business climate.' Michael Pace, chairman of the Roanoke Regional Chamber of Commerce 'Reasonably priced atrfare has proven to be critlcel to economic development in other areas. Secudng a Iow-fare carrier to the Roanoke Regional Airport will certainly improve the valley's economy." ---Heywood Fralin, chairmen of the Roanoke Valley Business Council "The valley region needs reliable, quality air service to reach its full potential. High-tach companies likely to result from Cadlion Biomedical Institute will require quick, convenient access to business and technology centers around the country. I believe this public- private partnership can attract the kind of airline services we need." ~dw~rd G. Murphy, MD, president and chief executive officer of Carillon Health System, the region's largest employer' "Virginia Tech has over 6,000 employees and 25,000 students who depend on the Roanoke Regional Airport for their air travel needs. It is essential to the vitality of this university that reasonably priced, quality air service be available at the airport.' --Dr. Charles W. S'teger, president of Virginia Te,~h "Timely service to our domestic and international cust .omers is criUcal tO our business success. As part of the sale, our customers expect quick service, which often means a face-to-face meeting, whether they are in Chicago or Singapore. The alliance creates a unique liaison of regional govemrnent and business interests working together. We welcome the opportunity to participate in this effort and we look forward to the benefits an enhanced air service will bring our region through Increased tourism, and improved perSOnal and business travel schedules." --Dave Newldrk, vice president of MeadWestvaco--Covlngton Operations "1 support this initiative as a businessman and as a student pilot. I cannot think of anything our valley needs more than reasonably priced, competitive, quality air service." --Victor F. Foti, executive vice-president of Viamac, Inc., which trades locally as Western Sizzlin' and Fuddruckers, employing over 300 people in Roanoke "As an active participant in economic development efforts, I often hear inconvenient and expensive air service as the primary reasons companies elect not to locate or expand in Southwestern Virginia. Wilhout reasonably priced, quality air service, our region will continue to stagnate, thus continuing to put thousands of jobs at risk. --G. Lan Boone; president of Boone & Company Realtors 'In the business community, many of us believe that one of the largest impediments that regionally based companies face in competing in national and global markets is the high cost of air travel to and from Roanoke as compared to other regions in the country. Not only is this an impediment to the growth of local companies, it has also hampered the recruitment of companies from outside this area." --Victor lannello, president of Synchrony, a technology firm located in Roanoke County "Our home office is located in Atlanta, Ga., and frequent travel is required to that location, as well as to other Cox locations and conferences across the United States. Whatever we can do to improve our air service locally helps improve our business efficiency." --Catherine McCullough, vice president and general manager for Cox Communications of Roanoke, which employs 166 in the Roanoke Valley "Improved air service is important to my company because our corporate headquarters is located in downtown Chicago. Improved access to the Roanoke Valley allows us to be more effective in making timely strategy decisions that impact the long-term viability of this facility.' --Donal Robb, vice president/division director of RR Donnelly & Sons Co., Roanoke Manufacturing Division, a hook printer located in Salem, which employs 237 people 'If the airport flourishes, we flourish." ~Jim Wade, president and chief executive officer of Advance Auto Parts, a Roanoke- b~egd auto parts retail chain employing over 32,000 nationally and approximately 1,200 in the Roanoke Valley