HomeMy WebLinkAboutReel 1250 (8/12/1991 - 2/22/93)COMMONWEALTH of VIRt INIA
THE LIBRARY of VIRGINIA
serving the archival and research needs of Virginians since 1823
CERTIFICAiE OF AUTHENTICITY
This is to certify thot the records oppeorlng on this
microform were mode ovoiloble for microfilming by the office
listed on the Title Sheet ond were In the legol custody of
thot office or of the Virglnio Store Llbrory os outhorlzed by
Sections 8,01-591, 15,1-8, q2,1-82, 42,1-83 of the Code of
ylrolnlo,
~ ,rd Cust0d'i']n
, to-~-q,,
l ote
(8O4) 786-2332
(V/TOD) (804) 786-3618
b~tRF~eT AT CA~TOL S~tJ~qE, RICHMOND
(FAX) (804) 786-5855
1
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
August 12, 1991
7:30 p.m.
The Council of the City of Roanoke met in regular session
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
August 12, 1991, at 7:30 p.m., the regular meeting hour, with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedur9, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Howard E. Musser, William
White, Sr., David A. Bowers, Elizabeth T. Bowles, James G. Harvey,
II, and Mayor Noel C. Taylor--- 6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.---1.
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City
Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger,
Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend H.
Kelly Dampeer, Sr., Pastor, Oakland Baptist Church.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
STATE OF THE CITY ADDRESS: The Mayor presented his 1991
State of the City Address containing the following
recommendations:
"1.
Basic to functioning in our society
is the need and the ability to read.
Our library system, along with
Literacy Foundation of the Roanoke
Valley, is working together to try
to make reading programs available
to every person who needs and wants
to learn to read. I recommend that
the City of Roanoke make an all-out
effort and call upon our citizens
from throughout the community to
volunteer with these programs to
help teach someone to read. I also
urge those who need to improve their
skills to contact the Literacy
Foundation or the public library.
Illiteracy is a problem that can be
eliminated in our City.
I recommend that our City continue
to emphasize the establishment of
Jobs for our citizens, and Just as
importantly, to assure that
education and training programs are
in place that will prepare all of
our citizens for meaningful work
within their capabilities. This is
the key to successful human service
and economic development programs.
I recommend that the City Council
ask the City Manager to set up a
committee this fiscal year to report
back to Council before the end of
the year as to whether the Roanoke
area has adequate facilities and
support staff to compete in an even
greater way in the area of
attracting amateur sporting events
to the Roanoke Valley.
I recommend that the Roanoke City
Council take the necessary steps to
reduce the real estate tax rate from
$1.25 per one hundred dollars of
assessed value to $1.20 per one
hundred dollars of assessed value
during the next five years. Our
citizens continue to receive higher
assessments as their property values
increase, and I believe the time has
come to give something back to the
citizens. This recommendation will
establish a goal and the five year
period will hopefully give the City
Council adequate time to deal with
any financial shortfall it may
encounter.
I recommend that we do whatever we
can, without increasing the tax
level on our citizens, to provide
the employees of Roanoke City
government and the Roanoke City
School system with a salary increase
during fiscal year 1992-93.
ACTION:
I recommend that we inform our
Congressman and Senators of our
strong support for the continuation
of the Community Development Block
Grant Program which is the final
remnant of a once proud and
effective partnership between the
Federal Government and the nation's
cities. This partnership is the most
efficient, effective, and economical
method of delivering services to the
nation's low and moderate income
citizens."
(For full text, see State of the City Address on file in
the City Clerk's Office.)
Following presentation of the State of the City
Address, the Mayor relinquished the Chair to the Vice-
Mayor at 8:15 p.m.
Mr. Harvey moved that Recommendations 1 through 6 be
referred to the City Manager for review and report to
Council. The motion was seconded by Mr. White and
adopted.
At 8:20 p.m., the Vice-Mayor relinquished the Chair
to the Mayor.
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of
advertisement for bids for neighborhood storm drain
projects, with segments at Walnut Avenue Bridge, Fleming
Avenue, N. W., and Plantation Road, N. E., said bids to
be received by the City Clerk until 4:30 p.m., on Monday,
August 12, 1991, and to be held, opened and read before
the Council at 7:30 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for
bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and
read the following bids:
BIDDER
TOTAL PROJECT BID
J. P. Turner & Brothers, Inc.
Dixon Contracting, Inc.
Aaron J. Conner General
Contractor, Inc.
John A. Hall & Co., Inc.
$144,641.00
164,886.00
199,247.50
199,760.72
ACTION:
ACTION:
S. C. Rossi & Co., Inc.
E. C. Pace Co., Inc.
Action Contracting Co., Inc.
Allegheny Construction Co.,
Inc.
205,156.50
208,718.20
211,785.00
267,907.00
Mr. Harvey moved that the bids be referred to a
committee to be appointeu by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted, Council Member Bowers
abstained from voting.
The Mayor appointed Messrs. William White, Sr.,
Chairman, Kit B. Kiser and William F. Clark as members of
the committee.
PUBLIC HEARINGS
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, August 12,
1991, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of Messrs. Joseph S. and
Louis P. Ripley and Mr. and Mrs. Daniel L. Crandall that
two parcels of land lying on the southwest corner of the
intersection of 13th Street and Cleveland Avenue, S. W.,
identified as Official Tax Nos. 1220901 and 1220902, be
rezoned from RM-2, Residential Multi-Family, Medium
Density District, to C-i, Office District, subject to
certain conditions proffered by the petitioners, the
matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, July 26, 1991, and Friday,
August 2, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to bring
an existing office into conformance with current zoning
requirements and to provide a transitional land use area
between the commercial and residential uses in the area,
was before Council.
The Planning Commission recommended that Council
approve the request for rezoning, advising that approval
would place an existing nonconforming use into a
conforming zoning status and would allow for the
continued adaptive reuse of a structure that has been
ACTION:
part of the neighborhood for a significant period of
time; and existing and proposed use of the property as
professional offices would serve to preserve and maintain
the structure, as well as provide a harmonious
transitional land use in the area as set forth in the
Comprehensive Plan.
(For full text, see report on t.~le in the City Clerk's
Office.)
Mr. Bowers moved that the following ordinance be
placed upon its first reading:
(#30644) AN ORDINANCE to amend S36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 122,
Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the petitioner.
(For full text of Ordinance, s~c Ordinance Book No. 53,
page 57.)
The motion was seconded by Mrs. Bowles.
The Mayor inquired 2f there were persons
present who would like to address Council with regard to
the request for rezoning. There being none, Ordinance
No. 30644 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ......... 6.
NAYS: None -0.
(Council Member Fitzpatrick was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 3981, the City Clerk
having advertised a public hearing ;r Monday, August 12,
1991, at 7:30 p.m., or as soon thLreafter as the matter
may be heard, on the request of L & M Properties, a
Virginia Partnership, that a tract of land located at
1011 Kimball Avenue, N. E., identified as Official Tax
No. 3030201, be rezo~ed from HM~ Heavy Manufacturing
District, to LMi Light Manufacturing District, the matter
was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, July 26, 1991, and Friday,
August 2, 1991.
ACTION:
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to
provide for the leasing of property located at 1011
Kimball Avenue, N. E., to a wholesale construction supply
sales company, was before Council.
The Planning Commission recommended that Council
approve the request for rezoning, advising that approval
would be a logical extension of the light manufacturing
district to the west and would provide for adaptive reuse
of the property; and, in addition, the proposed wholesale
construction supply sales activity is a compatible use
with the adjoining plastics manufacturing and
distribution industries to the south and west of the
property.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the following Ordinance be
placed upon its first reading:
(#30645) AN ORDINANCE to amend S36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 303,
Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 53,
page 58.)
The motion was seconded by Mr. Bowers.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning. There being none, Ordinance No. 30645 was
adopted, on its first reading, by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No.
25523 adopted by the Council on Monday, April 6, 1981,
6the City Clerk having advertised a public hearing for
Monday, August 12, 1991, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
Cox Cable Roanoke, Inc., that a portion of 20th Street
and Westport Avenue, S. W., be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, July 26, 1991, and Friday,
August 2, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission
recommending that Council approve the request to vacate
and close the alley, subject to the following conditions,
was before the body.
the applicant agrees to submit to the City for
review, approval and recordation, a plat of
subdivision providing for the combination of
all lots that ~-.would otherwise P~ left
landlocked, all necessary easements and the
proper division of the vacated rights-of-way;
and
if the above-cited subdivision plat is not
submitted and recorded within a period of 12
months from the date of any ordinance
providing for closure, said ordinance shall
become null and void with no further action by
Council being necessary.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that the following Ordinance be
placed upon its first reading:
(%30646) AN ORDINANCE permanently vacating,
discontinuing and closing certain public rights-of-way in
the City of Roanoke, Virginia, as are more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 59.)
The motion was seconded by Mr. Harvey.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for alley closure. There being none, Ordinance No. 30646
was adopted, on its first reading, by the following vote:
8
AYES: Council Members Musser,
Bowles, Harvey and Mayor Taylor---
White, Bowers,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
STREETS ANDALLEYS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City
Clerk having advertised a public hearing for Monday,
August 12, 199), at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of the City of
Roanoke that Maitland Avenue, N. W., between Williamson
Road and Woodbury Street, be altered by closure with
barricades on a temporary basis, the matter was before
the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, July 26, 1991, and Friday,
August 2, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission
recommending that Council approve the request for
closure, thereby authorizing the City Manager to alter by
closure with barricade, Maitland Avenue between Woodbury
Street and Williamson Road, for a trial period of six
months, with said date to commence from the date of
installation of the proposed barric~de, based on the
following conclusions, was before Council.
Public safety issues raised by local residents
and documented by City staff warrant
deliberate and serious consideration.
Closure on a temporary basis will provide an
opportunity to determine positive and/or
negative effects of the closure.
If the barricades are proved to be effective
in eliminating the sight clearance problem of
motorists on Woodbury Street and no negative
affects on traffic or the immediate community
are recognized, a new application will be
filed prior to the expiration of the six month
trial period requesting that the closure be
made effective on a permanent basis. Pavement
can then be removed and the intersection at
ACTION:
Maitland Avenue
eliminated.
and Williamson Road
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30647) AN ORDINANCE authorizing the temporary
closure by barricade of a certain public right-of-way in
the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 61.)
The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons present who
would like to address Council with regard to the proposal
for barricade. There being none, Ordinance No. 30647 was
adopted, on its first reading, by the following vote:
AYES: Council Members Musser, White, Bowles, Harvey
and Mayor Taylor .... 5.
NAYS: Council Member Bowers
-1.
(Council Member Fitzpatrick was absent.)
ZONING-CITY CODE AMENDMENTS: Pursuant to Resolution
No. 25523 adopted by the Council on Monday, April 6,
1981, the City Clerk having advertised a public hearing
for Monday, August 12, 1991, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
the City Planning Commission that Section 36.1, Zoning,
of the Code of the City of Roanoke, 1979, as amended, be
amended, to include proposed amendments which are deemed
necessary to ensure that the City's development
regulations are responsive to current development needs
and community issues, the matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanok% Times &
World-News on Friday, July 26, 1991, and Friday,
August 2, 1991.
10
(See publisher's affidavit on file in the City Clerk's
Office. )
A report of the City Planning Commission advising
that the current list of proposed amendments was compiled
by the Planning Commission and staff over the past six
months based on input received from administrative staff
and citizens; and the purpose of each of the proposed
amendments is summarized in an attachment to the report,
was before Council.
The City Planning Commission recommended that
Council approve the proposed amendments to the Zoning
Ordinance, advising that said proposed amendments are
necessary to ensure that the City's development
regulations are responsive to current development needs
and community issues.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the following Ordinance be
placed upon its first reading:
(#30648A) AN ORDINANCE amending S36.1-25,
Definitions; subsection (3) of §36.1-52, Permitted uses;
S36.1-52, Permitted uses, by the addition of new
subsection (10); subsection (4) of S36.1-71, Permitted
~ses; S36.1-72, Special exception uses., by the addition
of new subsections (10) and (11); subsection (4) of
S36.1-89, Permitted uses; S36.1-90, Special exception
uses, by the addition of new subsections (13) and (14);
subsection (5) of ~36.1-107, Permitted uses; ~36.1-108,
Special exception uses, by the addition of new
subsections (12) and (13); subsection (7) of ~36.1-126,
Permitted uses; ~36.1-127, Special exception uses, by the
addition of new subsections (8), (9) and (10); ~36.1-146,
Special exception uses, by the addition of new
subsections (5), (6) and (7); subsection (7) of %36.1-
164, P_ermttted uses; subsection (11) of S36.1-185,
Permitted uses; subsection (7) of ~36.1-206, Permitted
uses; subsection (8) of ~36.1-227, Permitted uses; ~36.1-
249, Permitted uses, by the addition of new subsection
(26); subsection (6) of ~36.1-270, Permitted uses; S36.1-
270, Permitted uses, by the addition of new subsection
(8); subsection (a) of ~36.1-412, Temporar~ buildings,
structures and construction dumpsters; ~36.1-412,
Temporary buildingst structures and ~onstruction
dumpsters, by the addition of subsectiOn (c), subsectio~
(a) of ~36.1-435, Parking of commercial v~hicles,
subsection (f) of S36.1-531, General requirements, ~36.1-
ACTION:
plan, by the addition of new subsection (d); subsection
(a) of S36.1-690, General authority and procedure;
subsection (b) of S36.1-691, Planning commission action;
and subsection (d)(3) of ~36.1-710, Fees generally, of
the Code of the City of Roanoke (1979), as amended, such
amendments and additions relating to the definition of
family, mobile home, manufactured home, fast food
restaurant, restaurant, boarding or rooming house, hotel,
motel or inn, a manufactured home as a permitted use in
the RA, Residential Agriculture District, radio and
television transmitters in the LM, Light Manufacturing
District, and the HM, Heavy Manufacturing District, fire
stations, police stations and elementary schools as
special exception uses in residential districts, bus
depots and repair facilities as permitted uses in the HM,
Heavy Manufacturing District, temporary construction
dumpsters, accessory columbariums with churches,
synagogues and other places of worship as permitted uses
in residential and commercial districts, parking of
commercial vehicles, accessory structures, submission
procedures for comprehensive plans of development,
general authority and procedure for filing of an
application for a zoning map amendment, notice of
hearings before the Planning Commission, and fees for
review of a comprehensive plan of development.
(For full text of Ordinance, see Ordinance Book No. 53,
page 63.)
The motion was seconded by Mrs. Bowles.
The Mayor inquired if there were persons present who
would like to address Council with regard to tl%e proposed
amendments. There being none, Ordinance No. 30648A was
adopted, on its first reading, by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ...................... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
STREETS ANDALLEYS-TRAFFIC: Pursuant to Resolution
No. 25523 adopted by the Council on Monday, April 6,
1981, the City Clerk having advertised a public hearing
to be held on Monday, August 12, 1991, at 7:30 p.m., or
as soon thereafter as the matter may be heard, on the
request of the Wright-Creston-Rosewood Association to
have Creston Avenue and Rosewood Avenue, S. W., rights
12
-of-way barricaded by way of traversable barricades
across Creston Avenue and across Rosewood Avenue,
southeast of its intersection with Sweetbriar Avenue, the
matter was before the body.
Legal advertisement of the public hearing was
published in the morning and evening editions of the
Roanoke Times & World News on Friday, July 26, 1991, and
Friday, August 2, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of tile City Planning Commission
recommending that Council deny the request of the
applicant and that Council refer the matter to the
Planning Commission for study, report and recommendation
with regard to alternative strategies for reducing
excessive through traffic in this and other residential
neighborhoods based upon the following conclusions, and
that the recommendations be submitted to Council within
a period of six months or less, was before the body.
(1)
Residents within the community are
divided on the issue of street
closure.
(2)
Residents unanimously agree that
traffic management measures are
needed.
(3)
Residential streets being used by
heavy through traffic are not
properly aligned or adequately
designed for thoroughfare or
collector street purposes.
(4)
Closure would result in a
transferral of the problem to other
residential streets.
(§)
The residential environment of
neighborhoods should be protected
and preserved.
(6)
Traffic management changes can be
made to reduce the scale of the
existing traffic problem.
(For full text, see report on file in the City Clerk's
Office.)
ACTION:
Mrs. Bowles moved that the following ordinance be
placed upon its first reading.
"AN ORDINANCE authorizing the alteration by
traversable barricades of certain public rights-of-way in
the City of Roanoke, Virginia, as is more particularly
described hereinafter."
The motion was seconded by Mr. White.
The Mayor advised that nine persons had registered
to address the Council in connection with the matter;
whereupon, Mr. Harvey moved that the proponents be given
15 minutes in which to make their presentation and that
the opponents be given 15 minutes and that each side be
requested to designate their speakers. The motion was
seconded by Mr. Musser and unanimously adopted,
Mr. Gary M. Bowman, Attorney, representing
Wright-Creston-Rosewood Association advised that the
Association is not asking Council to adopt the ordinance
presently under consideration; and the Association is not
requesting that the street be closed, however, it is
asking that Council adopt the recommendation of the City
Planning Commission in a modified fo~. He called
attention to two defects in the recommendation of the
City Planning Commission; viz: it suggests denial of the
application which presents a problem because the Wright-
Creston-Rosewood Association paid a filing application
fee in order to comply with technical requirements of the
Code of Virginia and if the application is denied, then
further studied by the Planning Department, the
Ass,)ciation would be required to pay another application
fee and resubmit its.application. Therefore, on behalf
of the Association, he spoke in favor of the six-month
study period and suggested that Council table or refer
the matter back to the City Planning Commission for
further consideration, rather than to outright deny the
application. Mr. Bowman advised that another defect in
the alternative suggested by the Planning Commission is
that it proposes that all alternatives, except closing
the street, should be considered. He stated that there
is considerable opposition to closing the street,
advising that it is possible that a ~ompromise solution
could be worked out, that the six-month study period
would allow time for a compromise solution, be worked
out, and suggested that all options should be considered
during the six-month study period. He requested that
Council adopt the City Planning Commission's
recommendation in a modified manner, as follows: (1) do
not deny the application of the Wright-Creston-Rosewood
Association, but refer the matter back to the City
14
Planning Commission; and (2) that the City Administration
be empowered to study all alternatives, including
closure, during the slx-month study period.
Ms. Bonnie Pauze, 2519 Creston Avenue, S. W., read
a statement on behalf of Ms. Cathy Benson, 2545 Creston
Avenue, S. W., advising that she supports the roads being
left as they are, but with modifications or alternatives
to be recommended by the City Planning Commission in
order to control or ease the traffic problem. She
advised that the Wrtght-Creston-Rosewood Association is
far from a neighborhood group, and many people residing
on these streets as well as Persinger Road, Clearfteld
Road, and Overland Road oppose the closing. She pointed
out that petitions which were signed in 1989 were
intended to support the need for a study of the traffic
situation on the roads and not petitions in favor of
closure, advising that closing of the roads is opposed
for the following reasons: (1) response times for fire,
rescue and police vehicles would be considerably
increased; (2) a burden would be placed on school buses
picking up and discharging children, as well as refuse
collection vehicles, mail delivery and snow removal; and
(3) vehicles will use other cut-through streets which
will cause a "domino effect" and petitions will be
submitted in favor of closing other similarly traveled
streets. She advised that the matter should be referred
back to the City Planning Commission for further study;
however, closing the road is not an option that should be
considered.
Mr. William D. Linkinhoker, 3590 Hartland Road,
S. W., spoke in opposition to the proposal submitted by
the Wright-Creston-Rosewood Association. He stated that
in general, he opposes the blocking of city streets for
any reason except legitimate repairs and/or emergencies,
etc., and to close the roads for the personal needs of a
small area goes against the interest of the public at
large.
(See communication on file in the City Clerk's Office.)
Mr. W. M. Bryant, 2702 Brambleton Avenue, S. W.,
advised that Wright Road was a thoroughfare even during
the time that it was an unimproved dirt road which was
used by persons who reside in the Ogden Road/Colonial
Avenue area. He suggested that Council consider the
widening of Wright Road, with installation of curb and
gutter as a possible alternative. He called attention to
the difficulty of reaching Wright Road in order to
collect leaves by City refuse vehicles, advising that
Rosewood Avenue and Creston Avenue are used in order to
reach to the leaf collection point and if the roads are
closed, vehicles would be required to go around Colonial
Avenue, and over Roanoke County roads in order to reach
City property. He urged that the roads not be closed.
Mr. Ellis L. Hall, 2526 Creston Avenue, S. W., spoke
in opposition to barricading the roads. He advised that
he spoke on behalf of the pastor and a majority of the
members of the Grandin Court Baptist Church, as well as
numerous residents on the north side of Creston Avenue,
including many senior citizens, who oppose blocking
access to either Colonial Avenue or Brambleton Avenue,
which position was made clear by letters and petitions
forwarded to the City Planning Department and to members
of City Council. He.called attention to petitions which
were signed by approximately 200 persons residing on
Overland Drive, Persinger Road, Colonial Avenue, Hartland
Avenue, Inglewood Road, Pasley Avenue, Clearfield Road,
and Bluefield Boulevard in opposition to closing either
of the roads. He pointed out that the City Planning
Department has indicated that traffic on Wright Road and
Rosewood Avenue can be corrected, or conditions can be
improved by certain changes which would be preferable to
creating dead-end streets. He called attention to certain
problems that would be experienced with emergency service
vehicles, refuse collection, snow removal and mail
delivery. He stated that the closing of either road
would set a precedent and encourage similar requests for
street closure because of traffic problems associated
therewith.
Mr. Mark R. Mallen, 2606 Creston Avenue, S. W.,
advised that residents of the 2500 block of Creston
Avenue live on a dead end street and they might have
between 20 and 30 vehicles to drive past their residences
each day because the other 2800 vehicles drive past his
home and proceed down Rosewood Avenue. He pointed out
that numerous traffic accidents go unreported, with
vehicles running off the road in the middle of the night;
that five vehicles have wrecked in his front yard in the
past four years; and for this reason his children are not
allowed to play in their own front yard. He explained
that the main issue is one of safety, the safety of
children against the minor inconvenience of citizens who
are opposed to closing the roads which will require
taking an extra three to four minutes in order to reach
their point of destination. He spoke in support of
closing Creston Avenue by barricade, advising that
citizens will be injured as a result of traffic accidents
if such action is not taken.
16
Mr. Dennis Gatens, 3548 Wright Road, S. W., advised
that his neighborhood is not a safe place to live
inasmuch as there is constant traffic traveling in excess
of the speed limit, that there are no sidewalks and the
roads are narrow, winding and steep. He stated that the
quality of life of residents is severely affected by this
invasion because they cannot safely walk to the homes of
their neighbors, or ride a bicycle, or jog or walk to a
nearby park. He further stated that the neighborhood is
being abused and over run as a matter of convenience,
that residents are being placed in eminent danger due to
the desire of commuters to go from point A to point B in
the least amount of time, and without corrective
measures, the situation will continue to deteriorate. He
pointed out that the benefits of closure far outweigh any
perceived losses, and explained that arguments in favor
of the closure are: (1) the well-being and lives of
residents and children; (2) the quality of life which is
so important to the survival of a neighborhood is at
risk; and (3) closure, agrees with the philosophy that the
City of Roanoke has demonstrated toward its
neighborhoods. He noted that in February 1991, the Fire
Department agreed to the use of traversable barriers,
thus eliminating the primary argument of the City's
Traffic Engineer for not endorsing the closure. He
suggested that the request for closure meets all
engineering criteria, advising that neighborhood streets
are not designed for the amount of existing traffic; that
streets do not meet current standards for new
subdivisions; that there are alternative routes designed
to handle the traffic; and emergency response times would
not be affected. Therefore, Mr. Gatens advised that
based upon engineering data, closure would be the most
appropriate action. He stated that the situation cannot
be ignored any longer because it is only a matter of time
before the situation continues to deteriorate and an
unnecessary tragedy will occur. He pointed out that in
the past, residents have shown considerable patience with
the City and they are willing to do so for an additional
six months; whereupon, he requested that the petition be
tabled and that City Planning staff be instructed to
study the matter and that the impact of street closure be
included as a part of their study.
Mr. Charles A. Price, Chairman, City Planning
Commission, advised that street closures are complex
issues that affect numerous residents, and he would
concur with the request of the applicants to refer the
matter back to the City Planning Commission for further
consideration of all.options.
The Mayor inquired if there were other persons who
wished to address Council. There being none, Mr. Bowers
offered a substitute motion that the matter be tabled and
referred to the City Planning Commission and to the City
Manager for study, report and recommendation to Council
in connection with exploration of all available
alternatives for reducing excessive traffic. The motion
was seconded by Mr. Harvey and unanimously adopted.
At 9:25 p.m., the Mayor declared the meeting in
recess.
At 9:40 p.m., the meeting reconvened in the City
Council Chamber, with all members of the Council in
attendance, Mayor Taylor presiding.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to three requests for Executive
Sessions to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council;
a personnel matter; and a matter of probable litigation,
specifically involving funding requirements.
MINUTES: Minutes of the regular meetings of Council
held on Monday, April 1, 1991; Monday, April 8, 1991;
Monday, April 15, 1991; Monday, April 22, 1991; the
special meetings held on Monday, April 22, 1991, and
Thursday, April 25, 1991; and the Personnel Committee
meeting held on Monday, April 29, 1991, were before the
body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. Harvey and
adopted by the following vote:
18
ACTION:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ................ 6.
NAYS: None
(Council Member Fitzpatrick was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A) (1), Code of Virginia
(1950), as amended, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members, Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ....... 6.
NAYS: None
.0.
(Council Member Fitzpatrick was absent.)
ACTION:
COUNCIL: A communication from Vice-Mayor Howard E.
Musser requesting an Executive Session to discuss a
personnel matter, being the appointment of a specific
public officer, pursuant to Section 2.1-344 (A)(1), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the Vice-Mayor to convene in Executive Session to
discuss a personnel matter, being the appointment of &
specific public officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Harvey and adopted by the following
vote:
ACTION:
AYES: Council Members Musser, White,
Bowles, Harvey and Mayor Taylor-
Bowers,
6.
NAYS: None ........ 0.
(Council Member Fitzpatrick was absent.)
PENDING LIST: A list of items pending from July 10,
1978, through July 22, 1991, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mrs. Bowles moved that the pending list be received
and filed. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White,
Bowles, Harvey and Mayor Taylor-
Bowers,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
BRIDGES: A communication from Council Member
David A. Bowers with regard to improvements to Memorial
Bridge, was before the body.
Mr. Bowers commended the City Manager for his
proposal to improve Memorial Bridge, advising that
Council should always consider the maintenance and upkeep
of public works projects developed in the City.
Unfortunately, he pointed out that Memorial Bridge has
been neglected over the years and now needs to be
refurbished; and although the structural integrity of the
bridge remains adequate, according to the City Manager,
he is nonetheless taking appropriate measures to clean
and re-light the structure.
Mr. Bowers expressed appreciation to the City
Manager for initiating the improvement project on
Memorial Bridge which is scheduled for completion on
November 1, 1991, and stated that the Veterans Council
will now be able to schedule a celebration on Veteran's
Day, November 11, 1991, on or in the vicinity of the
bridge.
(For full text, see communication on file in the City
Clerk's Office.)
20
ACTION:
ACTION:
Mrs. Bowles moved that the communication be received
and filed. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ....... 6.
NAYS: None .... 0.
(Council Member Fitzpatrick was absent.)
GRANTS-HOUSING-PLANNING: A report of the City
Manager advising that the U. S. Department of Housing and
Urban Development (HUD) is authorized to loan funds to
Community Development Block Grant (CDBG) entitlement
cities, up to five times the annual entitlement; that the
program is entitled, Section 108 Loan Program; and the
City of Roanoke currently has two such loans outstanding;
viz: (1) Coca-Cola Section 108, with a balance in the
amount of $2,119,488.72, and (2) Shaffers/Deanwood
Section 108, with a balance in the amount of $196,435.02,
was before Council.
It was further advised that new federal regulations
will allow the City to borrow additional funds, with CDBG
allocation as primary collateral, over a period of 20
years; that the City is considering applying for a
$6,000,000.00 Section 108 loan to assist with The Hotel
Roanoke renovation project; that two administrative
public hearings will be held on August 14 and August 22,
1991, to solicit the views of citizens; that HUD
regulations require the governing body to adopt a
resolution authorizing submission of the loan
application; and citizen participation requirements call
for an evening public hearing by Council prior to
submission of the Section 108 loan application to HUD.
The City Manager recommended that Council schedule
a public hearing on Monday, August 26, 1991, at
7:00 p.m., or as soon thereafter as the matter may be
heard, to receive public comments on the proposed
Section 108 Loan Program.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the
recommendation of the City Manager and schedule a public
hearing on Monday, August 26, 1991, at 7:00 p.m., or as
soon thereafter as the matter may be heard. The motion
was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
PARKS AND PLAYGROUNDS-COMPLAINTS-RECREATION
DEPARTMENT: A report of the City Manager in response to
concerns expressed by Mr. Henry H. Craighead regarding
rules and regulations that govern the City's adult
softball leagues, which are sponsored by the City of
Roanoke Department of Parks and Recreation, was before
Council.
The City Manager advised that Mr. Craighead has been
a long time supporter of the City's adult softball league
program; that currently being a coach, and formerly a
player, Mr. Craighead has participated in the growth of
the program which is valuable experience from which the
City can draw; and his desire for a residency requirement
has been discussed with City staff in the past, thus, the
City is aware of and has tried to be sensitive to his
suggestions; that inasmuch as no other valley government
has such a requirement and the monitoring/enforcement of
such a rule would be a monumental task, the City has not
had the staff or a demand from other coaches to implement
a change; that similarly, the matter of limiting
participants to playing in only one league touches upon
some of the same issues; and none of the City's leagues
are so filled to capacity that it has had to turn away
any team wishing to participate.
It was explained that the City has not had the
demand from other coaches and/or players to change
current rules of participation; that it is fairly common
practice for adult softball league participants to play
for more than one team inasmuch as the individuals who
commit their time to these activities are extremely
serious about the sport; and while the City is in the
process of planning its pre-season meeting for co-ed
softball and its end-of-season meeting for adult
softball, it will ensure that Mr. Craighead's concerns
are placed on the agenda to be discussed along with all
other matters which may affect the future of how the two
programs are played and regulated, with meetings to be
open to the general public.
It was further explained that a second issue of
concern to Mr. Craighead, involves the benefits derived
by allowing people from throughout the Roanoke Valley to
take part in recreational activities which help build a
ACTION:
bridge between the people of the Roanoke Valley and
provide sites where they can meet, thereby building
friendships and coming to understand each other, advising
that residency requirement would reduce the opportunity
for Roanoke citizens to meet on a people-to-people basis
and ultimately on a government-to-government basis.
The City Manager advised that it is hoped that the
pre and/or post season meetings will allow dialogue which
will be sufficient to resolve concerns as to how games
are played and regulated in the future.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Musser, White,
Bowles, Harvey and Mayor Taylor--
Bowers,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
ZONING: A report of the City Attorney with regard
to a request for an indepth review of the City's Zoning
Ordinance to determine if stronger regulations and
management procedures are in order, was before Council.
The City Attorney advised that at the Council
meeting on Monday, January 8, 1990, Council adopted a
motion requesting his office "to conduct an indepth
review of the City's Zoning Ordinance to determine if
stronger regulations and management procedures would be
in order"; that his Office has completed a careful review
of the Zoning Ordinance, Subdivision Ordinance and other
development review ordinances of the City with assistance
of the Planning Department; and upon completion of the
review, he is not aware of significant problems with any
of the ordinances or the need for major revisions.
It was further advised that amendments to the Zoning
Ordinance relating to the definitions of "fast food
restaurant" and "restaurant" are being recommended bythe
Planning Commission to Council and should eliminate the
potential for future controversies such as that which
surrounded the opening of a Little Caesar's Pizza
Restaurant in Southwest Plaza; and Council's referral
also made r~ference to review of "management procedures",
advising that management of offices other than that of
ACTION:
ACTION:
the City Attorney, is beyond the purview of the City
Attorney.
Mr. Dibling explained that the City Attorney's
Office continuously reviews development review ordinances
of the City in an effort to determine whether additional
amendments are needed; and should the need for an
additional amendmentor amendments arise, his office will
work closely with the Planning Department in recommending
such changes to Council.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
SCHOOLS (VIRGINIA WESTERN COMMUNITY COLLEGE BOARD):
A report of qualification of Mr. A. Byron Smith as a
member of the Virginia Western Community College Board,
for a term of four years ending June 30, 1995, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Musser,
Bowles, Harvey and Mayor Taylor ........
White, Bowers,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
LIBRARIES (ROANOKE PUBLIC LIBRARY BOARD): A report
of qualification of Dr. Frank J. Eastburn as a member of
the Roanoke Public Library Beard, for a term of three
years ending June 30, 1994, was before Council.
ACTION:
ACTION:
ACTION:
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Musser, White,
Bowles, Harvey and Mayor Taylor---
Bowers,
6.
NAYS: None ........... 0.
(Council Member Fitzpatrick was absent.)
CITY EMPLOYEES-PERSONNEL (PERSONNEL AND EMPLOYMENT
PRACTICES COMMISSION): A report of qualification of Ms.
Mozelle A. Scott as a member of the Personnel and
Employment Practices Commission, for a term of three
years ending June 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor .... 6.
NAYS: None--- 0.
(Council Member Fitzpatrick was absent.)
YOUTH (YOUTH SERVICES CITIZEN BOARD): A report of
qualification of Mr. Clay L. Dawson as a member of the
Youth Services Citizen Board, for a term ending May 31,
1993, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Musser, White,
Bowles, Harvey and Mayor Taylor ..........
Bowers,
6.
NAYS: None -0.
(Council Member Fitzpatrick was absent.)
ACTION:
COUNCIL: A report of the City Attorney requesting
that Council meet in an Executive Session to discuss and
consider a matter of probable litigation, specifically a
matter involving funding requirements, pursuant to
Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Attorney to convene in Executive Session to
discuss and consider a matter of probable litigation,
specifically a matter involving funding requirements,
pursuant to Section 2.1-344 (A)(7), Code of Virginia
(1950), as amended. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Councii Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor .......... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MA~TERS:
ZONING-POLICE DEPARTMENT-COMPLAINTS: Mr. Ted H.
Key, Director, Northwest Revitalization Corporation,
appeared before Council in connection with a permit that
was issued by the Board of Zoning Appeals which allowed
the State Department of Corrections to house 60
prisoners, three per room in 20 rooms, in the Embassy
Motor Court, located at 4525 Melrose Avenue, N. W. He
explained that the 31 remaining rooms would be open to
the unknowing, unsuspecting general public to utilize as
they would any other motel, with no indication that
prisoners were being housed in another part of the
facility. He stated that residents have been led to
believe that good supervision will prevail and that
dangerous prisoners will not be placed in the parole
environment; however, in a previous situation in which
the City of Roanoke had not issued a permit, problems
existed and prisoners were ill-supervised, with
surrounding businesses and residences experiencing
problems. He explained that the State Department of
Corrections has indicated that housing the prisoners at
this location will not pose a problem to the community;
however, Mr. Key stated that millions of dollars in real
estate could be lost and more specifically, such action
could be quite detrimental to continued operation of the
Roanoke-Salem Plaza which is already experiencing
problems. He pointed out that presently, no state law
exists which would prohibit locating prisoners in
facilities such as the Embassy Motor Court, and suggested
that Council give serious consideration to enacting a
measure which would prohibit such use in the future.
Mr. David H. Preston, 1511 Ashley Drive, Salem,
Virginia, President of Country Cookin' Restaurant chain,
advised that the Embassy Motor Court is located adjacent
to the Melrose Avenue location of Country Cookin'. He
stated that residents of the halfway house continually
harass his employees and make it difficult to conduct
business on a day-to-day basis. He pointed out that the
State made no attempt to apprise businesses in the area
of their plans to house the prisoners at the Embassy
Motor Court, nor did they follow up on whether or not
problems were being experienced. He requested that
Council intervene on behalf of residents and businesses
of the Melrose Avenue area.
Ms. Velma C. Midkiff, 4514 Surry Lane, N. W.,
advised that she resides two blocks from the Embassy
Motor Court and expressed concern for the safety and
well-being of children and elderly residents who live in
the neighborhood. She stated that the public should be
informed that a portion of the facility is being used as
a halfway house for non-violent offenders.
Mr. E. F. Nichols, 2804 Merino Drive, S. W., advised
that he is a property owner in the Peters Creek Road
area, and expressed opposition to use of the facility for
the abovestated purpose.
Following discussion, Mrs. Bowles moved that the
request of Mr. Key be referred to the City Manager and
the City Attorney for study, report and recommendation to
Council as soon as possible. The motion was seconded by
Mr. Bowers and adopted.
(Another hearing on the request of the State Department
of Corrections for use of a portion of the Embassy Motor
Court to house non-violent offenders was scheduled to be
heard by the Board of Zoning Appeals on September 10,
1991, at which time the Board denied the request.)
PETITIONS AND CO~4UNICATIONS:
ELECTIONS-COUNCIL: A communication from Council
Member David A. Bowers requesting that Council take the
necessary action to place the matter of a modified ward
system for referendum on the November 5, 1991 ballot for
consideration by the citizens of the City of Roanoke, was
before the body.
Mr. Bowers proposed that Council maintain the
current size of the Council at seven members, but
designate three of the seats as ward systems,
representing generally the northwest section of the City,
the northeast section of the City, and the southern
section of the City. He added that it is time to move
the issue along, to provide a public forum for expression
of citizens, to deliberate, and to put the matter to a
vote by the citizens of Roanoke.
(See communication on file in the City Clerk's Office.)
Mr. Bowers advised that Mr. Robert Firebaugh
researched records in the City Clerk's Office on persons
serving on the City's authorities, boards, commissions
and committees and discovered that since 1976, 73 per
cent of the elected members of City Council have resided
in the southwest quadrant of the City. He stated that
Mr. Firebaugh's review also revealed that 68 per cent of
City Planning Commission members, 68 per cent of Board of
Zoning Appeals members, 64 per cent of Industrial
Development Authority members, 46 per cent of Economic
Development Commission members, and 46 per cent of
Roanoke Civic Center Commission members have all resided
on the south side of the City since 1976. He pointed out
that every member of Council, over the past seven to
eight years, when they campaigned for election or
reelection, have expressed some interest in the modified
ward system for election of City Council members, and
inquired as to the wishes of Council with regard to how
it would like to proceed on the matter.
Mr. H. Joel Kelly, 378 Elm Avenue, S. W., advised
that he disagreed with Mr. Bowers' suggestion that
Council take the necessary steps to place the matter of
a modified ward system for referendum on the November 5,
1991, election ballot for consideration by the citizens
of Roanoke. Prior to such action, he stated that certain
questions need to be answered and inquired as to why
public hearings have not been held in all quadrants of
the City, as well as certain procedural steps which are
necessary prior to adoption of an election district plan.
In addition to certain unanswered questions, he stated
that it must be determined which election system would
benefit Roanoke City the most. He spoke in favor of
appointment of a task force to be charged with the
responsibility of studying the matter, with members to
include representatives of various political
organizations, the League of Women Votors, neighborhood
associations, at least two members of City Council, and
private citizens.
Ms. Elizabeth H. Fetter, 2923 Carolina Avenue,
S. W., representing the League of Women Voters of the
Roanoke Area, advised that the League of Women Voters is
not aware of any formal public reports based on current
census data which would assist in the examination of the
merits of a modified ward system. She stated that there
has not been sufficient information or hearings in order
for the public to make an informed decision in November
1991, therefore, the League of Women Voters would be
opposed to placing the matter on a referendum in
November. She urged that Council take the necessary
steps to move the issue forward and make public any type
of official report that would facilitate the debate.
The City Attorney advised that on January 14, 1991,
he reported to Council on the issue and addressed certain
matters of paramount importance. He referred to points
contained in a document entitled, "Principals To Be
Observed In Devising An Election System", as follows:
"1.
City Council is prohibited by the Voting
Rights Act from adopting any plan which
dilutes minority voting strength.
Any plan must provide proportionate
representation for black citizens.
In drawing black controlled election
districts,.Council should attempt to provide a
"super majority" of black citizens (60% to 65%
blacks)·
Election districts should observe the
Constitutional "one person, one vote"
principle. There should be no more than 10%
deviation between most populated and least
populated election districts.
Districts should be compact and contiguous and
follow clearly observable boundaries.
Any plan must be precleared by the Department
of Justice once it has been finalized."
Mr. Dibling pointed out that there is no legal
requirement for a referendum, and moreover from a legal
standpoint, a referendum may only complicate matters. He
stated that it is possible to hold a referendum and
referred to certain points contained in a document
entitled, "Steps Required Prior to Holding a Referendum
on City Council Election Procedures", as follows:
Analysis of 1990 Census data by planners,
demographers and statisticians. Issue for
analysis would be how to better provide for
proportionate representation of blacks on City
Council, if possible.
City Council provides for full opportunity (a)
for citizens to be put on notice of proposed
Charter amendment and (b) for citizen comment
(public notices, work shops, public hearings,
etc.)
Based upon technical report and citizen
comment, City Council would adopt a plan
setting forth:
a. Number of members of City Council; and
b. Number of members elected from districts.
City Attorney drafts specific language of
Charter amendment.
Se
City Attorney obtains Circuit Court order
requiring referendum and forwards to State
Board of Elections at least sixty (60) days in
advance of general election.
City Attorney obtains Department of Justice
preclearance as to date of referendum (not
preclearance of the plan; this comes only
after the plan is finalized)."
With regard to chronology, Mr. Dibling stated if
Council were to make certain critical decisions within
the next several days to hold an election on November 5,
1991, it could then submit the proposed Charter changes
to the 1992 Session of the General Assembly which meets
from January 8 through March 7, 1992; that on the next
day following conclusion of the General Assembly session,
March 8, 1992, the proposal could be submitted to the
Department of Justice which has, under Federal law, 60
days to respond which would take the procedure to May 8,
1992, and if the Department of Justice uses the full 60
days, approval would not be obtained in time to utilize
the new voting system for the May 1992 Councilmanic
election, and the next Councilmanic election would take
place in May 1994. Insofar as the length of time that it
takes to accomplish the necessary procedure, he stated
that there are numerous phases that are beyond the
control of the City Council, the City Manager or the City
Attorney, etc., such as the time when the General
Assembly meets, or the timing of the elections, or how
30
long the Department of Justice takes to review the
application for preclearance. In conclusion, he stated
that before Council begins to make any definitive
decisions, it is necessary to receive technical support
from experts such as planners, demographers, and
statisticians who would need to complete analysis of the
1990 census data and report to Council as to
alternatives. He explained that it will be necessary for
Council to make certain political decisions independent
of the work of staff and consultants which include; viz:
(1) whether any change in the current election system is
desirable, (2) what will be the optimum size of City
Council, and (3) how many members of Council should be
elected from districts, etc. He advised that
alternatives are limited by the requirement that whatever
Council does, it must provide for proportionate
representation of the City's black citizens.
Mr. Harvey advised that he has said publicly that he
would support a modified ward system as long as a
majority of the members of City Council are elected at
large; however, he must be convinced, as a representative
of the citizens of the City of Roanoke, that he is doing
the right thing for the City. Me stated that citizens
must know what they are voting on before the question is
brought to referendum.
Mr. White advised that it is necessary for Council
to receive information on the various voting plans in
order to determine which plan is best for the City of
Roanoke and instruct City staff to provide the necessary
information. He stated that he would be opposed to any
plan that would not allow for the majority of Council
members to come from wards rather than at large, however,
he pointed out that as he learns more about the various
alternatives, he may change his mind.
Mr. Musser advised that he would support a plan
where the majority of Council members are elected at
large, or a modified ward system, and the matter should
be referred to the City administration to develop a
voting plan.
Mrs. Bowles advised that it does not matter which
section of the City that a Council Member resides in
because they do not represent Just that particular area,
but all areas of the entire city. She stated that she
would support a modified ward system if the majority of
the citizens of the City of Roanoke are so inclined.
Mr. Bowers moved that Council endorse Items 1-4
contained in a document prepared by the City Attorney
under date of August 12, 1991 entitled, "Steps Required
Prior to Holding a Referendum on City Council Election
Procedures", as follows:
'Il.
Analysis of 1990 Census data by planners,
demographers and statisticians. Issue for
analysis would be how to better provide for
proportionate representation of blacks on City
Council, if possible.
City Council provides for full opportunity (a)
for citizens to be put on notice of proposed
Charter amendment and (b) for citizen comment
(public notices, work shops, public hearings,
etc.).
Based upon technical report and citizen
comment, City Council would adopt a plan
setting forth:
a. Number of members of City Council; and
b. Number of members elected from districts.
City Attorney drafts specific language of
Charter amendment."
He further moved that the matter be referred to the City
Manager and the City Attorney in order to accomplish the
various steps required to be taken between August 12,
1991 and mid-December 1991. The motion was seconded by
Mr. White.
Mr. Harvey expressed concern over the time frame,
advising that he did not understand the necessity of
completing the study by mid-December if the new election
procedure could not take effect until the May 1994
Councilmanic election, and he would prefer that the City
administration be given until July 1992 to complete its
study which would give Council sufficient time to
accomplish all of the necessary steps which are required
to be taken prior to a Councilmanic election in May 1994.
Mr. Bowers spoke in support of his motion and
timetable of mid-December 1991, advising that if the City
administration feels that it needs additional time to
complete the study,, he would be receptive to such
request.
There was discussion with regard to appointing a
task force; whereupon, the Mayor advised that it would be
the better course of action for the City Manager to
ACTION:
ACTION:
ACTION:
appoint the members of the task force in order to take
the appointments out of the political arena.
Mr. Harvey offered a substitute motion that Council
endorse Items 1-4 contained in a document prepared by the
City Attorney under date of August 12, 1991 entitled,
"Steps Required Prior to Holding Referendum on City
Council Election Procedure", as above set forth and
that the City Manager be requested to appoint a well-
rounded task force consisting of citizens of the City of
Roanoke to work with information to be compiled by City
staff, with a report to be submitted to Council by July
1, 1992. The motion was seconded by Mr. Musser.
Following discussion as to whether or not the
information should be submitted to Council in mid-
December 1991 as proposed by Council Member Bowers, or
July 1, 1992 as proposed by Council Member Harvey, the
Mayor suggested that the time stipulation be deleted from
the motion for discussion at a later date.
The substitute motion, as proposed for amendment by
the Mayor, offered by Mr. Harvey, seconded by Mr. Musser,
to endorse Items 1-4 contained in a document prepared by
the City Attorney under date of August 12, 1991, entitled
"Steps Required Prior to Holding Referendum on City
Council Election Procedure", was adopted.
Following further discussion of the matter, and
inasmuch as one member of the Council was absent, it was
agreed that the question of a specific date for
development of a voting plan, as well as appointment of
a task force to work with City staff on devising details
of the new voting plan, would be deferred until the next
regular meeting of Council in which it could be
determined that all members of the Council would be in
attendance.
COUNCIL: Mr. Bowers moved that Council extend the
Council meeting time limitation beyond the 11:00 p.m.,
automatic adjournment hour. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
COMMONWEALTH'S ATTORNEY-GRANTS-VICTIM/WITNESS/JUROR
PROGRAM: A communication from the Honorable Donald S.
,!
Caldwell, Commonwealth's Attorney, with regard to
acceptance of and participation in a Department of
Criminal Justice Services Grant for the Victim/Witness/
Juror Assistance Program, was before Council.
The Commonwealth's Attorney advised that the
Victim/Witness/Juror Program is designed to recognize and
address the needs of victims and witnesses in the Roanoke
City Criminal Justice System, and to continue the
commitment for citizen support.
The Commonwealth's Attorney further advised that in
April 1991, a request for a new grant was submitted by
the Victim/Witness/Juror Coordinator when additional
state funds became available; that the Victim/Witness/
Juror Assistance Program has been awarded a 12 month
grant, No. 91-A7677, in the amount of $34,787.00, for the
period July 1, 1991, through June 1992, which will be
matched by a local cash match, in the amount of
$20,011.00, for a total grant budget of $54,798.00; and
the Victim/Witness/Juror Assistance Program continues to
operate with a full-time coordinator, as well as a full-
time assistant, for the Juvenile and Domestic Relations
Court.
The Commonwealth's Attorney recommended that Council
authorize the City Manager to sign and execute all
appropriate documents to obtain Grant No. 91-A7677; and
appropriate $34,787.00 in State grant funds and transfer
$20,011.00 in local matching funds from the General Fund,
Account No. 001-026-2210-9536, to certain accounts in the
Grant Fund to be established by the Director of Finance.
(For full text, see communication on file in the City
Clerk's Office.)
A report of the City Manager concurring in the
recommendation of the Commonwealth's Attorney, was also
before Council.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30648-81291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant and General Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 35.)
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
30648-81291. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ...... 6.
NAYS: None .... 0.
(Council Member Fitzpatrick was absent.)
Mrs. Bowles offered the following Resolution:
(#30649-81291) A RESOLUTION authorizing the
acceptance of Grant No. 91-A7677 made to the City of
Roanoke by the State Department of Criminal Justice
Services for a Victim/Witness/Juror Assistance Program
and authorizing the execution and filing by the City
Manager of the conditions of the grant and other grant
documents.
(For full text of Resolution, see Resolution Book No. 53,
page 36.)
Mrs. Bowles moved the adoption of Resolution No.
30649-81291. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ......... 6.
NAYS: None. 0.
(Council Member Fitzpatrick was absent.)
Mrs. Bowles moved that the report of the City
Manager be received and filed. The motion was seconded
by Mr. Musser and adopted.
COMMONWEALTH'S ATTORNEY-GRANTS: A communication
from the Honorable Donald S. Caldwell, Commonwealth's
Attorney, with regard to acceptance of and continued
participation in a Multi-Jurisdictional Special Drug
PTosecutor Grant, was before Council.
It was advised that the Commonwealth's Attorneys of
Craig County, Franklin County, Roanoke County and the
Cities of Roanoke and Salem applied on October 9, 1987,
to the Commonwealth's Attorneys' Services and Training
Council, which is the State agency responsible for the
administration of grant money, to fund a Multi-
Jurisdictional Special Drug Prosecutor; that Council
ACTION=
accepted the Multi-Jurisdictional Special Drug Prosecutor
Grant in April 1988, and a full-time Special Drug
Prosecutor was hired in July, 1988; and on July 17, 1991,
the Commonwealth's Attorneys' Services and Training
Council notified ~he abovementioned Commonwealth's
Attorneys that the region's grant application was
renewed, in the amount of $86,634.00, for the period of
July 1, 1991, through June 30, 1992.
The Commonwealth's Attorney recommended that Council
authorize the City Manager to sign and execute all
appropriate documents to obtain State Grant, No. 91-
A7631AD; and appropriate $86,634.00 for the Multi-
Jurisdictional Special Drug Prosecutor and establish a
corresponding revenue estimate into accounts to be
established by the Director of Finance.
(For full text, see communication on file in the City
Clerk's Office.)
A report of the City Manager concurring in the
recommendation of the Commonwealth's Attorney, was also
before Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
Ordinance:
(#30650-81291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Or~inance, see Ordinance Book No. 53,
page 37.)
Mr. Musser moved the adoption of Ordinance No.
30650-81291. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles
and Mayor Taylor ...................................... 5.
NAYS: None 0.
(Council Member Fitzpatrick was absent.) (Council Member
Harvey was out of the Council Chamber when the vote was
recorded.)
Mr. Musser offered the following Resolution:
36
ACTION:
ACTION:
(#30651-81291) A RESOLUTION authorizing the
acceptance of a Multi-Jurisdictional Special Drug
Prosecutor Grant made to the City of Roanoke by the
Commonwealth of Virginia and authorizing the acceptance,
execution and filing of all appropriate documents to
obtain such grant.
(For full text of Resolution, see Resolution Book No. 53,
page 38.)
Mr. Musser moved the adoption of Resolution No.
30651-81291. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles
and Mayor Taylor .................. 5.
NAYS: None 0.
(Council Member Fitzpatrick was absent.) (Council Member
Harvey was out of the Council Chamber when the vote was
recorded.)
Mrs. Bowles moved that
Manager be received and filed.
by Mr. Bowers and adopted.
the report of the City
The motion was seconded
REPORTS OF OFFICERS:
ClTY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMME}~ED FOR ACTION:
BUDGET-CITY MARKET: The Assistant City Manager
submitted a written report on behalf of the City Manager
advising that curba~e rates and charges for rental of
market spaces are prescribed by Council, pursuant to
Section 24-66 (a), of the Code of the City of Roanoke
(1979), as amended; and rental fees were last revised on
July 1, 1982.
It was further advised that curbage fees collected
in fiscal year 1991 exceeded anticipated revenues by
$3,984.00; that it is projected that at current rates,
fiscal year 1992 revenues will exceed budgeted
expectations by $4,000.00; that farmers and Downtown
Roanoke, Inc., have agreed that the promotion of the City
Market is essential to its success; that farmers voted at
their February 7, 1991, meeting to request that Council
raise the current Farmers' Market curbage fees,
contingent upon additional revenue which is generated
being made available for promotional activities; and the
proposal to increase current curbage rates is as follows:
(daily rates by $2.00, and monthly rates by $5.00
depending on site location).
FROM TO
DALLY $ 3.00 $ 5.00
ACTION:
MONTHLY
$15.00 $20.00
20.00 25.00
22.00 27.00
25.00 30.00
It was explained that proposed curbage fee
increases, coupled with aggressive collections, are
estimated to increase revenues by an additional
$7,740.00, which would be utilized exclusively for
promotion of the Farmers' Market.
The City Manager recommended that Council amend the
Fee Compendium on Market Curbage Rates and Charges,
thereby increasing current daily rates by $2.00 and
monthly rates by $5.00, effective September 1, 1991; and
authorize the Director of Finance to increase the revenue
estimate for Curbage Revenue, Account No. 001-020-1234-
0505, from $12,000.00 to $19,740.00, and increase City
Market appropriation accounts by the following amounts:
Fees for Professional Services, Account No. 001-050-7210-
2010, from $6,000.00 to $10,000.00, and Advertising,
Account No. 001-050-7210-2015, from $0.00 to $3,740.00,
for a total increase of $7,740.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency budget
Ordinance:
(#30652-81291) AN ORDINANCE to amend and reordain
certain sections 'of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 39.)
Mr. Bowers moved the adoption of Ordinance No.
30652-81291. The motion was seconded by Mr. White and
adopted by the following vote:
ACTION:
AYES: Council Members Musser, White, Bowers, Bowles
and Mayor Taylor ........ 5.
NAYS: None 0.
(Council Member Fitzpatrick was absent.) (Council Member
Harvey was out of the Council Chamber when the vote was
recorded.)
Mr. Bowers offered the following Resolution:
(#30653-81291) A RESOLUTION establishing rates for
the rental of curb spaces on the streets in the City
Market area; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 53,
page 39.)
Mr. Bowers moved the adoption of Resolution No.
30653-81291. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles
and Mayor Taylor ................ 5.
NAYS: None 0.
(Council Member Fitzpatrick was absent.) (Council Member
Harvey was out of the Council Chamber when the vote was
recorded.)
CITY MARKET-DOWNTOWN ROANOKE, INC.: The Assistant
City Manager submitted a written report on behalf of the
City Manager advising that an agreement between the City
and the Roanoke Area Market Association was authorized by
Council on July 13, 1981, to manage the Roanoke City
Market; and the fee which Council authorized as payment
to the Roanoke Area Market Association for services
rendered was established at $500.00 per month.
It was further advised that Downtown Roanoke, Inc.,
and the Roanoke Area Market Association merged on May 1,
1990, and Downtown Roanoke, Inc., began overseeing the
market operation, becoming the recipient of the $500.00
monthly fee, and the agent res~onsible for hiring and
supervision of the Market Clerk; that the cuzrent
agreement specifies Roanoke Area Market Association
rather than Downtown ~oanoke, Inc.; that the Market Clerk
resigned earlier this year, and Downtown Roanoke, Inc.,
began the search process for a new Clerk, but failed to
secure a reliable candidate willing to assume the
responsibilities of the Job for only $500.00 per month.
39
ACTION:
It was explained that Downtown Roanoke, Inc.,
negotiated with and temporarily hired a Market Clerk on
April 1, 1991, at a rate of $833.33 per month, in order
to provide uninterrupted operations of the market; that
financial limitations prohibit Downtown Roanoke, Inc.,
from continuing the $333.33 monthly subsidy of the Market
Clerk's salary; and a request was received from Downtown
Roanoke, Inc., that monthly payment be raised from
$500.00 to $833.33, which would enable Downtown Roanoke,
Inc., to permanently increase the Market Clerk salary
established in 1981 to a more appropriate 1991 level.
It was pointed out that aggressive curbage
collection efforts under the supervision of Downtown
Roanoke, Inc., during the final quarter of fiscal year
1990-91 helped the City to exceed its projected annual
revenue estimate of $12,000.00 by $3,984.00; and at
current curbage rates, it is projected that actual
collections in fiscal year 1991-92 will again exceed
projections by at least the same amount.
The City Manager recommended that he be authorized
to execute an agreement with Downtown Roanoke, Inc., for
a term of one year, with a provision for automatic
renewal unless terminated upon 30 days written notice,
authorizing Downtown Roanoke, Inc., to oversee market
operations on behalf of the City and specifying payment
of a monthly fee of $833.33, subject to form approved by
the City Attorney, with accounting procedures prescribed
by the Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following Resolution:
(#30654-81291) A RESOLUTION authorizing a contract
with Downtown Roanoke, Inc., for the provision of certain
services in the Roanoke City Market area.
(For full text of Resolution, see Resolution Book No. 53,
page 41.)
Mrs. Bo~les moved the adoption of Resolution No.
30654-81291. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles
and Mayor Taylor .... 5.
NAYS: None' O.
40
ACTION:
(Council Member Fitzpatrick was absent.) (Council Member
Harvey was absent when the vote was recorded.)
SPECIAL PERMITS-ARMORY/STADIUM-ROANOKE SYMPHONY
ORCHESTRA: The Assistant City Manager submitted a
written report on behalf of the City Manager advising
that the Roanoke Symphony Association of Volunteers,
associated with the Roanoke Symphony Orchestra, sponsors
a variety of programs and events for the Roanoke
community each year; that fundraisers are held to
generate monies needed to support such projects; that an
"Attic Fair" is held annually by the Association as one
of its fundraisers; that the National Guard Armory has
been requested for use by the Roanoke Symphony
Association of Volunteers for the 1991 "Attic Fair"; and
waiver of the rental fee and granting of concession
rights and commission to the Association has also been
requested.
It was explained that Council's authorization is
required to waive rental fees to grant concession rights
and commissions, in accordance with Resolution No. 24982;
that general liability insurance must be provided by the
lessee to include bodily injury and property damage with
limits at $1,000,000.00 per occurrence and with the City
named as an additional insured; and a certificate of
insurance, acceptabl~ to the Risk Management Officer,
must be deposited with the City Clerk prior to the event.
The City Manager recommended that Council waive the
rental fee and grant concession rights and commission to
the Roanoke Symphony Orchestra's Association of
Volunteers for use of the National Guard Armory on
Friday, August 23, 1991, and Saturday, August 24, 1991.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30655-81291) A RESOLUTION waiving the standard
rental fee for use of certain City facilities for the
Roanoke Symphony Volunteer Association "Attic Fair" and
granting concession rights in conjunction with such
events.
(For full text of Resolution, see Resolution Book No. 53,
page 41.)
Mr. White moved the adoption of Resolution No.
30655-81291. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, White,
Bowles, Harvey and Mayor Taylor-
Bowers,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
BUDGET-LIBRARIES-GRANTS: The Assistant City Manager
submitted a written report on behalf of the City Manager
advising that federal aid through an LSCA Title I Grant,
in the amount of $7,615.00, has been approved for the
Roanoke City Public Library by the Virginia State Library
and Archives; and the City Library is a Subregional
Library for visually and physically impaired residents of
the Fifth Planning District, with Virginia currently
having nine subregional libraries.
It was explained that the Library Administration
recommends that the subregional grant be used to provide
the following services:
purchase additional supplies needed for
existing computer to automate circulation
procedures and enable faster shipment of
talking books to disabled patrons;
obtain staff training on the Reader Enrollment
and Distribution System (READS), the automated
circulation system of the National Library
Service for the blind and physically
handicapped, The Library of Congress; and
extend the hours of an existing part-time
library page to assist in preparing the
talking book collection for automation.
The City Manager recommended that he be authorized
to execute the necessary documents in order to accept the
LSCA Title I Subregional Library for the Blind Grant for
the Roanoke City Public Library, in the amount of
$7,615.00; and authorize the Director of Finance to
establish a revenue estimate, in the amount of $7,615.00,
in the Grant Fund, and appropriate funds to the following
accounts:
Amount
Account Name
Account Number
$ 700.O0
2,915.00
1,496.00
Training and Development
Administrative Supplies
Temporary Employee Wages
035-054-5007-2044
035-054-5007-2030
035-054-5007-1004
ACTION:
ACTION:
115.00
2,389.00
FICA
Fees for Professional
Services
035-054-5007-1120
035-054-5007-2010
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(%30656-81291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 43.)
Mrs. Bowles moved the adoption of Ordinance No.
30656-81291. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ................. 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
Mrs. Bowles offered the following Resolution:
(%30657-81291) A RESOLUTION accepting a Library
Services and Construction Act (LSCA) Title I Grant for
the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 53,
page 44.)
Mrs. Bowles moved the adoption of Resolution No.
30657-81291. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ........... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
BUDGET-LIBRARIES-GRANTS: The Assistant City Manager
submitted a written report on behalf of the City Manager
advising that a Library Services and Construction Act
(LSCA) Title I Grant, in the amount of $13,399.00, has
ACTION:
been awarded to the Roanoke City Public Library, to be
used for enhancing interlibrary loan and reference
services.
It was further advised that the City's library
reference collection is the most extensive and in-depth
of all public libraries in Southwest Virginia; that
library reference staff respond to requests for
information from local residents, as well as other
libraries in Southwest Virginia; that the library lends
materials to and borrows materials from libraries
throughout Virginia, as well as the United States, for
use by local clientele through its membership in the
Online Computer Library Center; and the Library
Administration recommends that the Metropolitan Grant, in
the amount of $13,399.00, be expended for the purchase of
equipment, supplies and telecommunication costs.
The City Manager recommended that he be authorized
to execute the necessary documents accepting the grant;
that the Director of Finance be authorized to establish
a revenue estimate, in the amount of $13,399.00, in the
Grant Fund; and that funds be appropriated to the
following accounts:
Amount
Account Name
Account No.
$11,213.00
350.O0
1,836.00
Equipment over $500.00
Administrative Supplies
Maintenance Contracts
035-054-5008-9005
035-054-5008-2030
035-054-5008-2005
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
Ordinance:
(#30658-81291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 44.)
Mr. Musser moved the adoption of Ordinance No.
30658-81291. The motion was seconded by Mr. Harvey and
adopted by the following vote:
ACTION:
AYES: Council Members Musser, White,
Bowles, Harvey and Mayor Taylor ........
Bowers,
6.
NAYS: None ........... 0.
(Council Member Fitzpatrick was absent.)
Mr. Musser offered the following Resolution:
(#30659-81291) A RESOLUTION accepting a Library
Services and Construction Act (LSCA) Title I Grant for
the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 53,
page 45.)
Mr. Musser moved the adoption of Resolution No.
30659-81291. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING
CONSORTIUM: The Assistant City Manager submitted a
written report on behalf of the City Manager, advising
that the Fifth District Employment and Training
Consortium submitted its fiscal year 1991, Title II-A,
Implementation Strategy, to the Governor's Employment and
Training Department in order to serve economically
disadvantaged persons in the community which includes on-
the-job training, Job related education, classroom
training, customized training, work experience, Job
placement activities and remedial education.
It was further advised that the agency has submitted
its fiscal year 1991, Title III Implementation Strategy,
to the Governor's Employment and Training Department to
serve dislocated residents or persons who have been laid
off from work which includes on-the-Job training, Job
related education, classroom training, customized
training, work experience, Job placement activities and
remedial education; that the City of Roanoke is the grant
recipient for ConsOrtium funding; and Council must
appropriate funding of all grants received by the
Consortium.
ACTION:
It was explained that the Governor's Employment and
Training Department has informed the Consortium of its
Notice of Award No. 92-03-01, in the amount of
$830,047.00, for program year 1991 to serve Title II-A
clients and Notice of Award No. E-92-113-03, in the
amount of $113,581.00, for program year 1991 to serve
Title III clients.
The City Manager recommended that Council
appropriate additional funding to the Fifth District
Employment and Training Consortium, in the amount of
$943,628.00, and increase the revenue estimate by
$943,628.00, in accounts to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30660-81291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 46.)
Mr. White moved the adoption of Ordinance No. 30660-
81291. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING
CONSORTIUM: The Assistant City Manager submitted a
written report on behalf of the City Manager, advising
that Operation Bootstrap is a program established %o
enable very low income families in the City of Roanoke to
become economically self-sufficient through cooperative
efforts of the public and private sectors; that the Fifth
District Employment and Training Consortium is
responsible for overall project management and
administration; and the Consortium was awarded incentive
funds from the Governor's Employment and Training
Department, based upon exceptional performance for the
fiscal year July 1, 1990, through June 30, 1991.
ACTION:
It was further advised that the City of Roanoke is
the grant recipient for Consortium funding; that only
Council can appropriate funding of all grants received by
the Consortium; that the City of Roanoke has awarded the
Fifth District Employment and Training Consortium funding
for project management and administration, in the amount
of $10,969.00, for Operation Bootstrap from fiscal year
1991-92 Community Development Block Grant funds; and
Notice of Award No. 91-03-03 has been received from the
Governor's Employment and Training Department, in the
amount of $85,642.00, for administrative and program
training expenditures for the period of December 15,
1990, through June 30, 1992.
The City Manager recommended that Council
appropriate net funding to the Fifth District Employment
and Training Consortium from Community Development Block
Grant and Incentive funds, totalling $96,611.00; and
increase the revenue estimate by $96,611.00 in accounts
to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30661-81291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 47.)
Mr. Harvey moved the adoption of Ordinance No.
30661-81291. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ........ 6.
NAYS: None. 0.
(Council Member Fitzpatrick was absent.)
BUDGET-HUMANRESOURCES: The Assistant City Manager
submitted a written report on behalf of the City Manager,
advising that the State Department of Social Services,
has, since adoption of the fiscal year 1991-92 budget,
allocated $40,000.00 to the local Soclal Services
Department to provide services for eligible clients, as
follows:
ACTION:
Home Based Services - $25,000.00 to
approximately ten citizens at $225.00 each
month to allow these individuals to live in
their own home, rather than a nursing home.
Prevention Services - $15,000.00 for providing
certain services to individuals and families
to stabilize the home situation and prevent
disruption of families through purchase of
emergency shelter and other needs in time of
crisis.
It was further advised that State regulations
require that 20 per cent be provided from local funds;
and Council is requested to transfer existing local funds
to match funds allocated by the State Department of
Social Services.
The City Manager recommended that Council authorize
the transfer of $8,000.00 from Social Services, Account
No. 001-054-5313-3145, to Account No. 001-054-5314-3160;
and increase the revenue estimate of funds received from
the State Department of Social Services, Account No. 001-
020-1234-0683, along with a corresponding increase in
Expenditure Account No. 001-054-5314-3160, in the amount
of $32,000.00.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30662-81291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 49.)
Mrs. Bowles moved the adoption of Ordinance No.
30662-81291. The motlon was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ....................... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
48
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING
CONSORTIUM-HUMAN RESOURCES: The Assistant City Manager
submitted a written report on behalf of the City Manager
advising that the Job Opportunity and Basic Skills
Training Program (JOBS) is funded by the Federal
Government and is mandated for certain recipients of Aid
to Dependent Children and Food Stamps; and the primary
goal of the program' is to assist clients in becoming
economically self-sufficient through education and Job
skills training.
It was further advised that the local department of
Social Services purchases certain services from the Fifth
District Employment and Training Consortium to provide
work experience and Adult Basic Education, as well as on-
the-Job training for certain individuals to assist in
obtaining and retaining employment; that the State
Department of Social Services has, since adoption of the
fiscal year 1991-92 budget, allocated $219,500.00 in
additional funds for purchase of said employment
services; and the local department of Social Services is
reimbursed in the amount of 100 per cent of cost of funds
allotted.
The City Manager recommended that Council increase
revenue estimates of funds received from the State
Department of Social Services in Account No. 001-020-
1234-0681; and increase the following expenditure
accounts:
Account No.
Account Name
Amount
001-054-5316-2010
001-054-5316-3160
Fees for Professional
Services
Purchased Services
$ 24,000.00
195t000.00
$219,500.00
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30663-81291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 49.)
ACTION
Mrs. Bowles moved the adoption of Ordinance No.
30663-81291. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor-- 6.
NAYS: None
---0.
(Council Member Fitzpatrick was absent.)
BUDGET-GRANTS-HUMANRESOURCES-YOUTH: The Assistant
City Manager submitted a written report on behalf of the
City Manager, advising that 222 Roanoke City youth were
placed in residential care facilities in 1988; that
monthly cost per child in residential care ranges from
$550.00 to $14,000.00; and inappropriate referral to
residential care facilities sometimes occur due to the
following reasons:
insufficient resources locally to address the
child's needs,
insufficient coordination among local service
agencies to provide "wholistic" approach, and
inability of family to handle problem.
It was further advised that treatment of dysfunctional
family or younger siblings is not addressed by Just
removing a troubled child from the family.
It was explained that the City applied to the State
Council on Community Services for Youth and Families for
a demonstration grant on September 27, 1990, on behalf of
a multi-agency task force comprised of Roanoke Social
Services, Court Service Unit, Community Services Board
(Mental Health Services), the Roanoke City Health
Department and Roanoke City Schools; that the program
will provide for better coordination of service agencies
in order to administer better screening and referral of
cases, emphasis on care and treatment of the whole
family, and increa~ed local alternatives for child
placement and treatment.
It was pointed out that the goal of the program is
to reduce the number of Roanoke children referred to
residential treatment each year, and to increase the
number of youth returned to the community from
residential care; that the City received a demonstration
grant award, totalling $401,641.00 over two fiscal years;
that $67,202.00 was awarded in fiscal year 1991, and
5O
ACTION:
$334,439.00 was awarded for fiscal year 1992; that the
City is one of six localities in Virginia to receive such
grant; and Council's authorization is needed in order for
the City Manager to execute the grant agreement with the
State Department of Criminal Justice Services, which
serves as fiscal agent for the grant program.
The City Manager recommended that he be authorized
to execute a grant agreement with the State Department of
Criminal Justice Services; that Council authorize an
appropriation, in the amount of $357,004.00, to accounts
to be established by the Director of Finance in the Grant
Fund, with a corresponding revenue estimate; and transfer
$22,565.00 in local matching funds from the General Fund,
Account No. 001-054-5314-3140, to a Grant Fund Revenue
account.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30664-81291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant and General Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 50.)
Mr. White moved the adoption of Ordinance No. 30664-
81291. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ....................... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
Mr. White offered the following Resolution:
(#30665-81291) A RESOLUTION authorizing execution
of a Grant Agreement with the State Department of
Criminal Justice Services on behalf of the City to accept
a Demonstration Grant Award from the State Council on
Community Services for Youth and Families and to comply
with the terms and conditions of the grant and applicable
laws, regulations, and requirements pertaining thereto.
ACTION:
(For full text of Resolution, see Resolution Book No. 53,
page 52.)
Mr. White moved the adoption of Resolution No.
30665-81291. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser,
Bowles, Harvey and Mayor Taylor ....
NAYS: None
White, Bowers,
(Council Member Fitzpatrick was absent.)
INDUSTRIES: The Assistant City Manager submitted a
written report on behalf of the City Manager, advising
that the Roanoke Centre for Industry and Technology
originally consisted of approximately 300 acres purchased
by the City in 1983; and Ordinance No. 26794 adopted on
December 5, 1983, authorized the recordation of
restrictive covenant~ to be applicable to the Roanoke
Centre for Industry and Technology to ensure orderly
development of the Centre.
It was further advised that the Roanoke Centre for
Industry and Technology addition, consisting of
approximately 140 acres, was purchased by the City from
A. Wade Douthat on October 10, 1989; and the Deed of
Restrictions needs to be extended to the Roanoke Centre
for Industry and Technology addition inasmuch as no
development standards currently exist to ensure orderly
development of the property.
The City Manager recommended that Council adopt an
ordinance authorizing application of the Deed of
Restrictions for the Roanoke Centre for Industry and
Technology to the approximately 140 acres of land
purchased from A. Wade Douthat.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
Ordinance: '
(#30666-81291) AN ORDINANCE authorizing the
application of restrictive covenants to the addition to
the Roanoke Centre for Industry and Technology; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 52.)
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
30666-81291. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor .... 6.
NAYS: None -0.
(Council Member Fitzpatrick was absent.)
HOUSING-GRANTS-PLANNING: The Assistant City Manager
submitted a written report on behalf of the City Manager,
advising that Council appropriated Community Development
Block Grant (CDBG) funds on June 24, 1991, pursuant to
Ordinance No. 30589-62491 for fiscal year 1991-92,
totalling $2,282,090.00, which included $1,767,000.00 new
entitlement and $515,090.00 in program income; that
additionally, $348,541.00 was transferred from older
projects to projects included in the fiscal year 1991-92
CDBG program; and the Housing Authority, historically,
has administered certain portions of CDBG programs for
the City, including housing rehabilitation and economic
development activities.
It was further advised that funds budgeted for the
Housing Authority's services in fiscal year 1991-92 total
$433,562.00 for administration and support of five
economic development programs, six housing programs and
one neighborhood redevelopment project; that project
funds to be administered by the Housing Authority,
covered by the contract, total $920,025.00 in CDBG funds,
with total value of the contract, including
administration plus project funds, being $1,353,587.00;
that total value of projects to be administered by the
Housing Authority through the contract exceeds $2.5
million, including CDBG funds, other HUD funds and State
funds; and an administrative agreement between the City
and the Housing Authority is necessary before the Housing
Authority can perform and receive payment for
administrative activities regarding CDBG funded or
assisted programs.
The City Manager recommended that he be authorized
to execute the agreement with the Roanoke Redevelopment
and Housing Authority for performance of various
community development activities.
(For full text, see report on file in the City Clerk's
Office.)
ACTION:
Mr. Bowers offered the following Resolution:
(#30667-81291) A RESOLUTION authorizing the
execution of a written agreement with the City of Roanoke
Redevelopment and Housing Authority relating to the
performance of certain Community Development Block Grant
program activities to be undertaken by the City during
Program Year 1991-1992.
(For full text of Rebolution, see Resolution Book No. 53,
page 53.)
Mr. Bowers moved the adoption of Resolution No.
30667-81291. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor- 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
PARKING GARAGE-DOWNTOWN TOWER PROJECT: The
Assistant City Manager submitted a written report on
behalf of the City Manager, advising that the City of
Roanoke and the Roanoke Redevelopment and Housing
Authorityare authorized under terms of the Agreement for
Real Estate Sale and Fee Acquisition of Parking Facility
dated November 20, 1989, and executed by the City
Manager, pursuant to Ordinance No. 29857-12489, to enter
into a parking lease which specifies, in part, that the
City shall determine all parking rents for the Tower
Parking Garage, in accordance with a separate legal
agreement between the Housing Authority and Faison Office
Roanoke Limited Partnership.
It was further advised that the parties will not
enter into the parking lease unless and until Faison
Office Roanoke Limited Partnership meets all conditions
to the acceptance of the Tower Parking Garage as set
forth in the Agreement; that the City of Roanoke
representative and Faison Office Roanoke Limited
Partnership representatives have agreed, as required in
the operating agreement, that "The Open-Space Fair Market
Per-Space Monthly Rental" for the first lease year shall
be $55.00, subject to the City's and the Housing
Authority's acceptance of the Tower Parking Garage; and
monthly and short-term parking rates for the Tower
Parking Garage needs to be formally established by
54
ACTION:
Council, with the understanding that the rates will only
apply providing the City and the Housing Authority accept
the Tower Parking Garage Parking Lease.
The City Manager recommended that Council approve
the following parking rates for the Tower Parking Garage,
contingent upon acceptance of the Tower Parking Garage by
the City and the Housing Authority:
Monthly parking rate (unreserved
space)
$55.00
Monthly parking rate (reserved space)
60.5O
Short-term parking rates:
1/2 hour or portion thereof
1/2 hour to one hour
One to two hours
Two to three hours
Three to four hours
Four to five hours and longer per
24 hours
$ .50
1.00
1.50
2.25
3.25
4.25
After 6:00 p.m. and Sundays
Free
City Manager may waive short-term rates for
City sponsored festival events and holidays.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency Ordinance:
(#30668-81291) AN ORDINANCE providing for the
contingent establishment of the fees charged at the Tower
Parking Garage; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 54.)
Mr. White moved the adoption of Ordinance No. 30668-
81291. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members Musser, White,
Bowles, Harvey and Mayor Taylor ...........
Bowers,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
ACTION=
BUDGET-PARKS AND PLAYGROUNDS: The Assistant City
Manager submitted a written report on behalf of the City
Manager concurring in a report of a bid committee with
regard to path improvements to Norwich Park.
The bid committee recommended that Council authorize
the City Manager to enter into a contractual agreement
with L. H. Sawyer Paving Co., Inc., subject to approval
as to form by the City Attorney, for path improvements to
Norwich Park, in accordance with contract documents
prepared by the City of Roanoke, in the amount of
$7,578.00, and establish a contingency account of
$722.00, with 30 consecutive calendar days for completion
of the work; authorize transfer of $8,300.00 from the
Capital Improvement Reserve, Account No. 008-052-9575-
9181; authorize the Director of Finance to establish a
new account entitled, Norwich Park Path Improvements; and
reject all other bids received by the City.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30669-81291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 55.)
Mr. Harvey moved the adoption of Ordinance No.
30669-81291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ............... 6.
NAYS: None ..... ~ 0.
(Council Member Fitzpatrick was absent.)
DIRECTOR OF FINANCE:
BUDGET-DIRECTOR OF FINANCE-AUDITS: The Director of
Finance submitted a written report with regard to the
financial condition of the City of Roanoke for fiscal
year 1991.
Mr. Schlanger advised that due to Council's
unprecedented decisive actions taken early in the fiscal
ACTION:
ACTION:
year, cutting back expenditures and setting a new path
for the Administration to travel on, the City ended the
fiscal year in the black; and the revenue estimate from
all sources within the General Fund for fiscal year 1991
was $153,538,527.00, while the City's actual collections
were $153,579,251.00, for a difference of only
$40,724.00, or a difference of 0.03 per cent.
It was further advised that pursuant to requirements
established in Ordinance No. 26292, adopted by Council on
December 6, 1982, establishing a reserve for Capital
Improvements and Capital Maintenance and Equipment
Replacement (CMERP), the amount designated for fiscal
year 1991 is $1,447,957.00, leaving the smallest amount
available for CMERP since fiscal year 1986, and of this
amount, the followlhg allocation has been calculated,
which leaves no undesignated funds at year end:
Designated CMERP -
City Administration
School Administration
$617,202.00
830,755.00
The Director of Finance pointed out that the figures
are unaudited and subject to change; and audited figures
will be available in late September at which time he will
present a report to Council in order for Council to take
whatever actions it deems to be in the best interest of
the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the report be received and
filed. The motion was seconded by Mr. Musser and
adopted.
REPORTS OF COMMITTEES:
ANNUAL REPORTS-AUDiTS: Council Member David A.
Bowers, Chairman of the Audit Committee, presented the
Annual Report for fiscal year 1990-91.
(For full text, see Annual Report on file in the City
Clerk's Office.)
Mr. Bowers moved that the Annual Report be received
and filed. The motion was seconded by Mrs. Bowles and
adopted.
PARKING GARAGE-BUSES-DOWNTOWN TOWER PROJECT:
Council Member William White, Sr., Chairman of a
committee appointed by the Mayor to tabulate bids
received for management and operation of the Tower and
Downtown East Parking Garages, presented a written report
on behalf of the committee, recommending that Council
award a combined bid to the Greater Roanoke Transit
Company for management and operation of the Tower and
Downtown East Parking Garages, in accordance with bid
documents, for a total base bid amount of $113,720.00;
that the City Manager be authorized to execute the
appropriate legal agreement with Greater Roanoke Transit
Company, subject to approval by the City Attorney; and
that all other bids received by the City be rejected.
The Assistant City Manager submitted a written
report on behalf of the City Manager concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
ACTION:
Mr. White offered the following Resolution:
(#30670-81291) A RESOLUTION accepting the bid of
the Greater Roanoke Transit Company made to the City for
the management and operation of the Tower and Downtown
East Parking Garages and rejecting all other bids made to
the City.
(For full text of Resolution, see Resolution Book No. 53,
page 56.)
Mr. White moved the adoption of Resolution No.
30670-81291. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White,
Bowles, Harvey and Mayor Taylor ....
Bowers,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
SPECIAL PERMITS: Ordinance No. 30634-81291 granting
to the United Way of Roanoke Valley, Inc., a revocable
permit to mount certain flags on street lighting poles in
the Central Business District of the City, effective
58
ACTION:
September 30, 1991, and expiring at midnight on
September 3, 1991, having previously been before the
Council for its first reading on Monday, July 22, 1991,
read and adopted on its first reading and laid over, was
again before the body, Mrs. Bowles offering the following
for its second reading and final adoption:
(#30634-81291) AN ORDINANCE granting to the United
Way of Roanoke Valley, Inc., a revocable permit to mount
certain flags on street lighting poles in the Central
Business District of the City, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 32.)
Mrs. Bowles moved the adoption of Ordinance No.
30634-81291. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, White,
Bowles, Harvey and Mayor Taylor ....
Bowers,
NAYS: None -0.
(Council Member Fitzpatrick was absent.)
TAXES: Ordinance No. 30643-81291 amending and
reordaining Section 32-108.1, Proration of Personal
Property Tax Generally, Code of the City of Roanoke
(1979), as amended, to delete boats from the categories
of personal property, subject to proration, effective
January 1, 1992; to require that the owner or purchaser
of properties subject to proration declare such property
with the Commissioner of Revenue within 30 days of the
property registration date with the State Department of
Motor Vehicles; to establish penalties and interest with
respect to any owner or purchaser who shall fail to so
declare property; and to provide that prorated personal
property tax shall be due and payable within 60 days of
the registration date of such property or May 31 of the
tax year, whichever shall occur later, having previously
been before the Council for its first reading on Monday,
July 22, 1991, read and adopted on its first reading and
laid over, was again before the body, Mr. Harvey offering
the following for its second reading and final adoption:
(#30643) AN ORDINANCE amending and reordaining S32-
108.1, Proration of personal p~opert¥ tax generally, Code
of the City of Roanoke (1979), as amended, to delete
boats from the categories of personal property subject to
proration, effective January 1, 1992; to require that the
ACTION=
ACTION:
owner or purchaser of property subject to proration
declare such property with the Commissioner of Revenue
within thirty (30) days of the property registration date
with the State Department of Motor Vehicles; to establish
penalties and interest with respect to any owner or
purchaser who shall fail to so declare property; to
provide that prorated personal property tax shall be due
and payable within sixty (60) days of the registration
date of such property or May 31 of the tax year,
whichever shall occur later; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 53,
page 43.)
Mr. Harvey moved the adoption of Ordinance No.
30643-81291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor--- 6.
NAYS: None ....
----0.
(Council Member Fitzpatrick was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/O~ COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL. NONE.
OTHER HEARINGS OF CITIZENS:
COMPLAINTS-POLICE DEPARTMENT: Mr. Walter Beckner
appeared before Council and complained about vandalism
and robbery at his business which is located at 1118
Salem Avenue, S. W., and requested better police
protection from the City.
The Mayor suggested that the matter be referred to
the City Manager and the Director of Administration and
Public Safety to work with Mr. Beckner relative to his
concerns.
At 11:30 p.m., the Mayor declared the meeting in
recess.
At 12:45 a.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Member Fitzpatrick.
6O
ACTION:
ACTION=
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that=
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor
advised that there is a vacancy on the Special Events
Committee, created by the resignation of Ms. Elizabeth A.
Muller, for a term ending June 30, 1992, and called for
nominations to fill the vacancy.
Mr. Musser placed in nomination the name of Ms.
Linda R. Durham.
There being no further nominations, Ms. Durham was
elected as a member of the Special Events Committee for
a term ending June 30, 1992, by the following vote:
FOR MS. DURHAM: Council Members Musser, White,
Bowers, Bowles, Harvey and Mayor Taylor ..... 6.
(Council Member Fitzpatrick was absent.)
HUMAN RESOURCES (ADVISORY BOARD OFHUMANRESOURCES):
The Mayor advised that there is a vacancy on the Advisory
Board of Human Resources, created by the resignation
of Ms. Diane H. Stavola, for a term ending November 30,
1994, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Mr.
William C. Holland.
There being no further nominations, Mr. Holland was
elected as a member of the Advisory Board of Human
Resources for a term ending November 30, 1994, by the
following vote:
61
ACTION:
ACTION:
ACTION:
FOR MR. HOLLAND: Council Members Musser, White,
Bowers, Bowles, Harvey and Mayor Taylor ....... 6.
(Council Member Fitzpatrick was absent.)
LIBRARIES (ROANOKE PUBLIC LIBRARY BOARD): The Mayor
advised that there is a vacancy on the Roanoke Public
Library Board, created by the resignation of Ms. Dean W.
Morrow, for a term ending June 30, 1994, and called for
nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Ms.
Rochelle S. Nolan.
There being no further nominations, Ms. Nolan was
elected as a member of the Roanoke Public Library Board,
for a term ending June 30, 1994, by the following vote:
FOR MS. NO~%N: Council Members Musser, White,
Bowers, Bowles, Harvey and Mayor Taylor-- 6.
(Council Member Fitzpatrick was absent.)
PLANNING (FIFTH PLANNING DISTRICT COMMISSION): The
Mayor advised that there is a vacancy on the Fifth
Planning District Commission, created by the resignation
of Mr. Ross C. Hart, and called for nominations to fill
the vacancy.
Mrs. Bowles placed in nomination the name of Mr.
J. Lee E. Osborne.
There being no further nominations, Mr. Osborne was
elected as a member of the Fifth Planning District
Commission, for a term ending June 30, 1994, by the
following vote:
FOR MR. OSBORNE: Council Members Musser, White,
Bowers, Bowles, Harvey and Mayor Taylor- 6.
(Council Member Fitzpatrick was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised
that there is a vacancy on the Roanoke Neighborhood
Partnership Steering Committee, created by the
resignation of Mr. Eric R. Spencer, for a term ending
November 14, 1993, and called for nominations to fill the
vacancy.
Mr. Musser placed in nomination the name of Mr.
James G. Pappas.
ACTION:
ACTION:
There being no further nominations, Mr. Pappas was
elected as a member of the Roanoke Neighborhood
Partnership Steering Committee, for a term ending
November 14, 1993, by the following vote:
FOR MR. PAPPAS: Council Members Musser, White,
Bowers, Bowles, Harvey and Mayor Taylor ...... 6.
(Council Member Fitzpatrick was absent.)
TOTAL ACTION AGAINST POVERTY: The Mayor advised
that the two year t~rm of Council Member Elizabeth T.
Bowles as the City's Representative to the Board of
Directors of Total Action Against Poverty will expire on
August 31, 1991, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Council
Member Elizabeth T. Bowles.
There being no further nominations, Council Member
Bowles was reelected as the City's Representative to the
Board of Directors of Total Action Against Poverty, for
a term ending August 31, 1993, by the following vote:
FOR COUNCIL MEMBER BOWLES: Council Members Musser,
White, Bowers, Bowles, Harvey and Mayor Taylor ........ 6.
(Council Member Fitzpatrick was absent.)
ACTION:
COUNCIL-VIRGINIAMUNICIPALLEAGUE: Mr. Harvey moved
that the City Attorney be instructed to prepare the
proper measure canceling the Monday, October 7, 1991,
meeting of Council inasmuch as the Virginia Municipal
League will hold its Annual Conference in Roanoke on
October 6 - 8, 1991. The motion was seconded by Mr.
Musser and adopted.
There being no further business, the Mayor declared
the meeting adjourned at 12:55 a.m.
APPROVED
ATTEST:
City Clerk
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
August 26, 1991
7:00 p.m.
The Council of the City of Roanoke met in regular session
in the Multi-Purpose Room of the Oakland Elementary School, 3229
Wllliamson Road, N. E., City of Roanoke, on Monday, August 26,
1991, at 7:00 p.m., with Vice-Mayor Howard E. Musser presiding,
pursuant to Rule 1, Regular Meetinqs, of Section 2-15, Rules of
Procedure, Code of the City of Roanoke (1979), as amended, and
pursuant to Resolution No. 30223-82790, adopted by the Council on
Monday, August 27, 1990.
PRESENT: Council Members William White, Sr., David A.
Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G.
Harvey, II, and Vice-Mayor Howard E. Musser .... 6.
ABSENT: Mayor Noel C. Taylor ........
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Earl B. Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Paris E. Bain, Pastor, Peters Creek Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States
of America was led by Vice-Mayor Musser.
PUBLIC HEARINGS:
HOUSING-TRADE AND CONVENTION CENTER-VIRGINIA TECH-
LOANS: Pursuant to motion adopted by the Council on,
Monday, August 12, 1991, the City Clerk having
advertised a public hearing for Monday, August 26, 1991,
at 7:00 p.m., or as soon thereafter as the matter may be
heard, to receive comments on a proposed application for
a HUD Section 108 loan guarantee for the City of Roanoke,
the matter was before the body.
Legal advertisement of the public hearing was
published in the morning and evening editions of the
Roanoke Times & World-News on Friday, August 16, 1991.
(See publisher's affidavit on file in the City Clerk's
Office. )
The City Manager submitted a written report advising
that Classic Properties of Virginia was selected as the
proposed developer for the Hotel Roanoke/Conference
Center project in May 1991; that Perez Architects,
Classic Properties and Coopers and Lybrand were hired by
the City of Roanoke and Virginia Tech Real Estate
Foundation in June 1991 to provide estimates on
utilization of the Conference Center, the necessary
number of rooms, square footage and ultimately schematic
design and cost of the conference center; and
simultaneously, Classic Properties of Virginia is working
on similar information related to the Hotel rooms.
It was further advised that complete budgets and
proformas on the Hotel and Conference Center project are
expected to be completed in mid-October 1991; that
conventional, or normal financing, for major headquarters
hotel projects does not exist in the United States today;
and therefore, creative financing involving the City,
Virginia Tech and the community will be necessary in
order to have a successful project.
It was explained that the Department of Housing and
Urban Development (HUD) has proposed new regulations
concerning Section 108 funds which increase the amount
that entitlement cities can borrow from three times
entitlement to five times entitlement, and have stretched
the maximum allowable loan period from six to 20 years;
that if adopted, the proposed regulations could take
effect as early as the next 30-45 days; that Section 108
funds can be used for economic development projects if
they meet the City's Community Development objectives and
national objectives; that creation of jobs is one of the
three national objectives and it is expected that the
Hotel Roanoke/Conference Center project would create 400+
jobs as a part of the entire project.
The City Manager pointed out that approximately 50
per cent of Section 108 funds remain until the end of the
Federal fiscal year, or September 30, 1991; that the
House of Representatives has passed a new Housing Bill
for fiscal year 1992-93 which includes an allocation of
funds for Section 1~8 programs, however, the full Senate
has not acted on the measure; that although the City
Administration believes that funds will be available for
next fiscal year, there is no guarantee; and in addition,
it is felt that if and when the new regulations take
effect, the popularity of the program will increase
significantly and the money, which is allocated to
eligible projects on a first come first served basis,
will be in great demand.
Mr. Herbert explained that having an allocation set
aside for the City before the end of the fiscal year,
assuming the money is available and assuming the new
proposed regulations take effect, would allow the City to
reserve an allocation; that if the City does not receive
approval this fiscal year, action now would put the City
first in line for the following fiscal year for a program
which is going to have increased popularity among
localities; and reserving an allocation of funds at the
present time does not commit the City to going forward
with signing a loan agreement with HUD nor an agreement
with the owners of the Hotel Roanoke, however, it places
the City in the position of being able to review all the
proforma numbers on the Hotel in October and make a
determination at that point if and when and how funds
might be used in the. Hotel Roanoke project.
The City Manager recommended that he be authorized
to submit a Section 108 application, pursuant to
applicable Federal regulations, for $6 million for an
allocation of funds to be borrowed up to 20 years for the
Hotel Roanoke project; that he be authorized to negotiate
the final loan amount terms, rate and collateral with
HUD; that such document would be brought back to Council
for approval; that he be authorized to negotiate if
necessary with owners of the Hotel Roanoke, potential
investment of funds, either through the City or through
the Roanoke Redevelopment and Housing Authority, into the
Hotel Roanoke project, with final decisions as to
investing funds, and how and under what conditions to be
subject to approval by City Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Brian J. Wishneff, Chief of Economic
Development, advised that the Section 108 Loan Program is
a federal program which allows a locality to borrow
future Community Development Block Grant allocations; and
the City of Roanoke has used the program on two occasions
in the past; viz: the Wometco Coca-Cola Bottling Company
Project for site improvements and land acquisition, and
for the Shaffers Crossing and Deanwood Redevelopment
areas. He stated that the Federal Government issued
proposed new regulations that would allow localities,
which are entitlement cities, to go from three to five
times their entitlement; and with the new regulations,
minus the City's current outstanding funds, the City of
Roanoke can borrow approximately $7,000,000.00 of
additional Section 108 Program funds. He added that new
regulations also allow localities to borrow up to 20
years, whereas, in the past, localities could borrow up
to six years without a speclal pledge from the Department
of Housing and Urban Development. He explained that when
Community Development Block Grant funds are involved in
the construction of a project, a locality must meet one
of three national criteria; viz: benefit low to moderate
income persons, eliminate slums or blights, or meet an
urgent need. In this particular situation, Mr. Wishneff
advised that the criteria the City will fall under is to
benefit low to moderate income persons which is proposed
through the creation of an estimated 400 jobs, advising
that it will be necessary for the City to monitor the
project and insure that over 50 per cent of the jobs are
given to low to moderate income persons. Additionally,
he stated that if the funds are used for project
construction, three other types of criteria apply; viz:
citizen participation, additional environmental review,
and Davis-Bacon labor compliance. He pointed out that
the City has endeavored to be flexible in its application
and in the description as to how the funds will be used
in the Hotel Roanoke Project.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke
in support of the Section 108 funding for the Hotel
Roanoke project; however, she implored Council to set
aside part of the allocation for housing development
within the immediate area of the hotel project
development. She stated that exterior housing
improvements, curbs, sidewalks and streets are urgently
needed, advising that it would be extreme folly to go to
the expense of having a beautiful Hotel Roanoke for
guests to visit in a blighted or unattractive area. She
explained that the citizens who live in the area need the
City's encouragement, and pointed out that they have
maintained their homes despite all of the ramifications
of development and problems associated with urban
redevelopment.
Mr. Walter W. Wise, 5109 Hildebrand Avenue, N. W.,
representing the Southwest Virginia Building and
Construction Trades Council, advised that the Trades
Council is in favor of the Hotel Roanoke project, but
members have reservations about project implementation.
He stated that the economic impact of the project and the
creation of Jobs starts with Hotel Roanoke construction
jobs and there is no guarantee that local workers will
have equal opportunity for these jobs. On behalf of the
Southwest Virginia Building and Construction Trades
Council, he requested equal opportunity for local
construction workers on the Hotel Roanoke project.
Mr. White spoke in favor of the Hotel Roanoke
project, and inquired as to the total number of estimated
jobs that will be produced during the construction
period. He expressed concern that if the City invests
approximately six million dollars in the Hotel project
itself, the City should insure that certain things are
accomplished to protect the community and to express to
other partners in the development the City's views with
regard to utilizing local labor. He stated that the
entire basis for the Section 108 Program application is
that the project will benefit low to moderate income
persons in the community, and the City should insure that
some form of measurement criteria can be reported back to
the public to demonstrate that the citizens for whom the
project was designed have, in fact, benefitted.
Mr. Bowers advised that the expression of Council is
needed as to the involvement of local working people in
the construction phase of the Hotel Roanoke project, and
Council should boldly go forward with this public/private
partnership. He stated that too often in the past, local
working people have been discounted and have not had an
opportunity to participate, and when they do not
participate, the public does not feel that it is a part
of the City's ongoing development. He added that the
challenge is to move forward with the Hotel Roanoke
project, advising that it is the number one economic
development and public works project for the City of
Roanoke.
Mr. Harvey advised that he has said repeatedly that
the City is desirous of local participation and local
labor in the Hotel Roanoke project. He stated that he
would be in favor of a provision to be included in the
loan application that the citizens of the City of Roanoke
should have first priority for the Jobs that will be
created as a result of the project, as well as
utilization of local labor for the construction phase.
Mrs. Bowles stated that she too would like to
utilize as much local labor as possible, advising that
successful financing of the hotel will generate jobs for
the entire Roanoke Valley. She stated that hotel revenue
will generate approximately 11 million dollars in local
taxes to be returned to the economy of the Roanoke
Valley.
Mr. Fitzpatrick advised that the City should do
everything possible to insure that not only local workers
will have opportunities for the construction jobs, but
for permanent hotel positions as well. He stated that
Council's action will allow the City to apply for the
Section 108 Loan Program funds and at a later date,
Council will have to make a determination as to how the
funds will be used, however, prior to making a final
determination, he would like to know what the City can do
to insure that local contractors and citizens are given
every opportunity.
The City Manager advised that he met with Ms. Bethel
and informed her that her concerns can and may well be
addressed as a part of the Community Development Block
Grant annual budget. He stated that there is no
confusion on his part, based on numerous discussions by
Council Members, that wherever possible, legally,
financially and practically, Council has stressed the
importance of creating Jobs both on the construction side
of the project, as well as permanent jobs associated with
the project, in order to benefit residents of the Roanoke
Valley. He added that Council should be proud of the
local construction jobs which have been created in the
Roanoke community, advising that he selected several City
projects for analyzation, and was pleasantly surprised at
the number of construction jobs created by votes of this
City Council. For example, he called attention to the
Airport Terminal, which was a $20,000,000.00 project,
which employed approximately 85% local labor; Downtown
East Parking Garage on Williamson Road, which was a
$5,000,000.00 project, which employed approximately 90%
local labor; Market Square Parking Garage, which was a
$3.2 million dollar project, which employed 100% local
labor; Williamson Road Storm Drainage System, which was
in excess of $15,000,000.00, which employed approximately
85% local labor; Municipal North, which was a
$4,000,000.00 project, which employed 100% local labor;
Valley Metro Maintenance and Operations facility, which
was a $5,000,000.00 project, which employed 90% local
labor and the remaining ten per cent was awarded to a
minority contractor from Richmond, Virginia; Commonwealth
Building, which was a $4,000,000.00 project, which
employed approximately 95% local contractors; and
Thirlane Road, which was a $1.3 million dollar project,
which employed 100% local labor. He explained that as
projects become larger and require substantial bonding,
the City typically loses local contractors who are
willing to bid on a project of that size because if the
project fails, it can cause the downfall of the company.
ACTION:
ACTION:
Mr. White offered the following Resolution:
(#30671-82691) A RESOLUTION authorizing the City
Manager to apply for a loan of federal funds in the
amount of $6,000,000.00, pursuant to the provisions of
Part 570, Chapter V, Title 24, Code of Federal
Regulations, to execute any and all documents necessary
to secure such loan for the City, to negotiate the terms
and conditions of such loan, and to negotiate the
investment of such funds in the Hotel Roanoke project.
(For full text of Resolution, see Resolution Book No. 53,
page 75.)
Mr. White moved the adoption of Resolution No.
30671-82691. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser--- 6.
NAYS: None 0.
(Mayor Taylor was absent.)
Mr. Bowers moved that the City Manager and the City
Attorney be instructed to prepare documents similar to
those prepared for the Wometco Coca-Cola Bottling Company
agreement in order to insure employment of as many
Roanoke area residents as possible in the Hotel Roanoke
project work force and to insure as much as possible that
local labor will be used in the construction phase. The
motion as seconded by Mr. Harvey and adopted.
CONSENT AGENDA:
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to three requests for Executive
Sessions to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council;
a matter of disposition of publicly held property,
specifically the lease of a public building and adjacent
property, and specific legal matters requiring the
provision of legal advice by counsel, being the terms and
conditions of a lease agreement; and a matter of probable
litigation.
ACTION:
COUNCIL: A communication from Vice-Mayor Howard E.
Musser requesting an Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur In the
request of the Vice-Mayor to convene in Executive Session
to discuss personnel matters relating to vacancies on
various authorities, boards, co,~isstons and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ......
NAYS: None 0.
(Mayor Taylor was absent.)
AIRPORT: A colr~unication from Council Member
David A. Bowers addressed to W. Robert Herbert, Chairman
of the Roanoke Regional Airport Commission, with regard
to the selection of the new Manager of the Roanoke
Regional Airport, advising that he read with interest
that a person from out of the City has now been hired as
the new Manager of the Airport, was before Council.
Mr. Bowers pointed out that he has privately
requested that Council place a citizen on the Roanoke
Regional Airport Commission representing the City; that
this most recent incident indicates a need for a change
on the Airport Commission so that it may be more
representative of the people; and requested that Council
make an effort to place a citizen representative on the
Airport Commission instead of having three administrators
from City Hall.
Mr. Bowers expressed disapproval with regard to the
Airport Executive Director hiring an Airport Manager from
out of town without any real consideration of the talents
and abilities of Roanokers who could have done the Job
Just as well. He added that the matter causes him
concern and he would hope other airport vacancies would
be filled by Roanoke area people when possible because
Roanoke has qualified individuals to do the Jobs.
ACTION:
ACTION:
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the communication be
received and filed. The motion was seconded by Mr.
Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ............. 6.
NAYS: None---
(Mayor Taylor was absent.)
HOUSING: A communication from Council Member
David A. Bowers with regard to an allocation of
$40,000.00 by the City into a reserve fund in connection
with obtaining mortgage money to construct or
rehabilitate housing, for the less fortunate, was before
Council.
Mr. Bowers referred to a newspaper article
indicating that a policy is being set by the City
Administration to discontinue a housing program that has
provided $6.1 million in loans to rehabilitate 205 houses
in the past decade. He expressed concern not only that
the City might refuse to provide $40,000.00 from a
reserve fund in order to obtain $600,000.00 in mortgage
money for disadvantaged persons from ten local banks in
the next year, but also that a policy decision might be
made by the City Administration instead of the elected
members of City Council. He stated that he would be in
favor of continuing to leverage $40,000.00 in a reserve
fund so that $500,000.00 could be provided in mortgage
funds to construct and/or rehabilitate housing for the
disadvantaged.
Mr. Bowers requested that the matter be referred to
the City Manager for review, report and recommendation to
Council on Monday, September 9, 1991.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the communication be
referred to the City Manager for review, report and
recommendation to Council at a regular meeting to be held
on Monday, September 9, 1991. The motion was seconded by
Mr. Bowers and adopted by the following vote:
ACTION:
ACTION:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser .... 6.
NAYS: None
(Mayor Taylor was absent.)
---0.
ROANOKE ARTS COMMISSION: A report of qualification
of Mr. Fletcher T. Nichols, Jr., to fill the unexpired
term of Ms. Vicki Stauffer, ending June 30, 1993; Mr.
Kemper A. Dobbins and Ms. Harriett M. Stokes for terms of
three years each, ending June 30, 1994, as members of the
Roanoke Arts Commission, was before Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ...... 6.
NAYS: None ....
O.
(Mayor Taylor was absent.)
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss a matter with regard to
disposition of publicly held property, specifically lease
of a public building and adjacent property, and to
discuss specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions
of a lease agreement, pursuant to Sections 2.1-344 (A)(3)
and 2.1-344 (A)(7), Code of Virginia (1950), as amended,
was before Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss a matter regarding disposition of
publicly held property, specifically lease of a public
building and adjacent property, and to discuss specific
legal matters requiring the provision of legal advice by
counsel, being the terms and conditions of a lease
agreement, pursuant to Sections 2.1-344 (A)(3) and 2.1-
344 (A)(7), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Bowers and adopted by the
following vote:
ACTION:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ...... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
COUNCIL: An oral request of Council Member Bowers
for an Executive Session to discuss a matter of probable
litigation, pursuant to Section 2.1-344 (A)(7), Code of
Virginia (1950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the
request of Council Member Bowers to convene in Executive
Session to discuss a matter of probable litigation,
pursuant to Section 2.1-344 (A)(7), Code of Virginia
(1950), as amended. The motion was seconded by Mr.
Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ...... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
DOWNTOWN ROANOKE, INC.: Mr. William S. Hubard,
President of Downtown Roanoke, Inc., representing
approximately 600 businesses in downtown, presented an
oral briefing on activities of Downtown Roanoke, Inc.
during the past year. He called attention to
approximately $95 million of development in downtown
which has created an opportunity for establishment of 40
new businesses, issuance of 101 building permits, and
creation of 274 new jobs. He presented slides of new
construction development at the Roanoke Valley Chapter of
the American Red Cross, the new Norfolk Southern
facility, and the new parking garage located near the No.
1 Fire Station. He stated that a developer has announced
plans to construct condominiums in the vicinity of
Century Park behind Center in the Square which will
consist of 20 units of condominiums and could act as a
catalyst to encourage other developers to construct
housing in downtown Roanoke. He called attention to the
Historic Building Loan Program in which three
applications have been approved and two are pending. He
noted that Downtown Roanoke, Inc., is the first downtown
ACTION:
agency in North America to sponsor a recycling program,
with that over one-half of the businesses actively
participating in the program in order to separate refuse
at the source, and it is estimated that in the first
year, approximately 1500 tons of refuse will be recycled
which would normally be deposited into the landfill and
will act as a giant step in assisting the City in meeting
State mandates. He added that Downtown Roanoke, Inc.,
has worked with the City in an effort to insure more
parking spaces for handicapped persons, and called
attention to a brochure which is available for
handicapped citizens. He stated that all of the positive
changes that the City of Roanoke and the downtown
business community, through Downtown Roanoke, Inc., have
accomplished together during the past 13 years have been
noticed by the National Trust for Historic Preservation
in a new book entitled, America's Downtowns, in which
Roanoke was listed as one of the top ten downtowns in the
entire country, and of particular significance was
Roanoke's long history of public/private partnerships and
the direct involvement in the decision-making process on
the part of those who would be affected. He pointed out
that the challenge of 1992 and the years ahead is to
maintain momentum and not become complacent, advising
that much has been accomplished in changing attitudes and
environments, but many challenges and unmet opportunities
lie ahead, and with the City of Roanoke and Downtown
Roanoke, Inc., continuing to work together, the downtown
business community and the City of Roanoke can firmly
position downtown Roanoke as not only a showplace, but a
prevailing place for all types of uses and activities for
decades to come.
Mr. Harvey mo~ed that Mr. Hubard's remarks be
received and filed with appreciation. The motion was
seconded by Mr. Fitzpatrick and adopted.
COMPLAINTS-TRAFFIC-POLICE DEPARTMENT: Ms. Julia
Rader, 3315 Troy Avenue, N. W., addressed Council in
connection with cruising on Williamson Road. She stated
that she lives two and one half blocks from Williamson
Road and even with her windows closed, she can hear the
noises from cruising vehicles. She advised that it is
next to impossible to make a left turn off of Williamson
Road en route to her home, and it would be impossible for
emergency vehicles to make a left turn into the
residential section because of excessive traffic due to
cruising. She called attention to an increase in the
value of her home and thus, an increase in real estate
taxes paid to the City, yet the citizens of Williamson
Road area are being ignored when it comes to matters
pertaining to their safety.
ACTION:
ACTION:
Ms. June Bushman, 3309 Troy Avenue, N. W., also
spoke in connection with cruising on Williamson Road.
She called attention to young people congregating on
Williamson Road who scream obscenities at passersby while
police officers sit in squad cars in parking lots talking
with one another, and inquired as to why the City cannot
intervene and do something on behalf of Williamson Road
residents. She asked that Members of Council visit the
Williamson Road area on a Friday night to see first hand
what happens insofar as cruisers blocking intersections
so that vehicles cannot enter the residential areas. She
also called attention to littering in Preston Park.
Mr. Harvey moved that the remarks of Ms. Rader and
Ms. Bushman be referred to the City Manager for report to
Council. The motion was seconded by Mr. Fitzpatrick and
adopted.
ANIMALS: Ms. Dottle B. Sink, 802 Mountain Avenue,
S. E., appeared before Council in connection with an
ordinance adopted by Council which took effect on August
1, 1991, regulating the number of cats per household.
She advised that on August 31, 1990, 374 cats had been
put to death, and on this date, August 26, 1991, ~he
figure escalated to 633 cats. She stated that the
ordinance has given people who are not animal lovers the
right to lodge complaints against people who are actually
doing the City a service by taking into their homes and
caring for unwanted cats in a responsible manner. She
explained that the City chose the wrong people to confer
with prior to enacting the ordinance, and City
representatives should have talked with persons who were
willing to work with the City in an effort to find an
alternative that would not only protect the rights of
citizens but the rights of animals as well. She stated
that she would like to apprise appropriate City officials
of other available alternatives.
Mr. Harvey moved that the remarks of Ms. Sink be
referred to the City Manager for report to Council. The
motion was seconded by Mr. Fitzpatrick and adopted.
At 8:40 p.m., the Vice-Mayor declared the meeting in
recess.
At 8:55 p.m., the meeting reconvened in the Multi-
Purpose Room of the Oakland Elementary School, with Vice-
Mayor Musser presiding, and all Members of the Council in
attendance, with the exception of Mayor Taylor.
ACTION:
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting that Council appropriate
$1,414,555.00 for operation of the Magnet School Programs
at Addison Aerospace Middle School and Fairview World of
Plants and Animals, said funds to be reimbursed 100 per
cent by Federal funds, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
A report of the Director of Finance recommending
that Council concur in the request of the School Board,
was also before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency budget
Ordinance:
(~30672-82691) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 76.)
Mr. Bowers moved the adoption of Ordinance No.
30672-82691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ....... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
BUDGET-GRANTS-COMMONWEALTH'S ATTORNEY: A
communication from the Honorable Donald S. Caldwell,
Commonwealth's Attorney, advising that in an effort to
better fund law enforcement efforts to fight crime,
particulasly drug crime, in 1986, the Federal Government
adopted a system of asset forfeiture, whereby forfeited
assets, under certain conditions, could be returned to
local law enforcement agencies, police and prosecutors
for use in their fight against crime; that in July, 1991,
Virginia's asset forfeiture statute, which generally is
patterned after the Federal statute, took effect
providing that forfeited criminal assets may be returned
ACTION=
to local police and prosecutors for use in the fight
against crime; and periodically, assets seized as
evidence are ordered forfeited by the local courts to the
police or the Office of the Commonwealth's Attorney to be
used for criminal law enforcement efforts, was before
Council.
It was explained that the Office of Commonwealth's
Attorney anticipates that it will receive $25,000.00
during the current fiscal year from the abovementioned
three combined sources; and in order to facilitate
receipt and distribution of said funds, as well as
protect the public's confidence through systematic
accounting, Council's action is requested to authorize
the Director of Finance to establish grant fund accounts
through which the Commonwealth may deposit and disperse
funds.
The Commonwealth's Attorney recommended that Council
authorize the Director of Finance to establish a grant
fund account for cash assets forfeited to the Office of
the Roanoke City Commonwealth's Attorney; appropriate
$25,000.00 to the following accounts; and establish
revenue estimates for the grant funds in the amount of
$25,000.00:
Administrative Supplies 035-026-5140-2030
Expend. Equip. (<$500) 035-026-5140-2035
Training & Development 035-026-5140-2044
City Information Systems 035-026-5140-7005
Furn. & Equip. >$500 035-026-5140-9005
$ 2,000.00
$ 3,000.00
$ 7,000.00
$ 3,000.00
$10f000.00
TOTAL $25,000.00
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30673-82691) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 78.)
Mr. Fitzpatrick'moved the adoption of Ordinance No.
30673-82691. The motion was seconded by Mr. Harvey and
adopted by the following vote:
78
ACTION:
AYES: Council Members White, Bowers,
Fitzpatrick, Harvey and Vice-Mayor Musser--
Bowles,
--6,
NAYS: None --- 0.
(Mayor Taylor was absent.)
A report of the City Manager concurring in the
recommendation of the Commonwealth's Attorney, was also
before Council.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Harvey and
adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-HOUSING: The City Manager submitted a
written report advising that $240,000.00 in Community
Development Block Grant (CDBG) funds were allocated to
the Home Purchase Assistance Program (HPAP) by Council on
June 26, 1989, allowing the City to provide CDBG loans to
low-moderate income households agreeing to buy and repair
certain identified substandard houses; that the Program
is administered jointly by the City and the Roanoke
Redevelopment and Housing Authority; that the United
States Department of Housing and Urban Development (HUD)
provides Section 312 Rehabilitation loans for
rehabilitation of residential housing units to qualifying
applicants at three per cent interest, with terms of 20
years each; that the Housing Authority approves
individual loans, oversees rehabilitation and administers
the HUD Section 312 Program in the City; that the State
Department of Housing and Community Development and the
Virginia Housing Development Authority jointly administer
the Local Housing Rehabilitation Loan Program on the
State level; and the Virginia Housing Development
Authority provides loan approval and servicing for
$25,000.00 maximum rehabilitation loan/grants available
to qualifying low-moderate income households at four per
cent interest, with terms of 15 years.
It was explained that the Home Purchase Assistance
Program Selection Committee, which is composed of both
Housing Authority and City staff, has recommended
approval of the following CDBG loans:
CDBG loan not to exceed $20,500.00 to Tessa
Lynette Leak to purchase and rehabilitate 1231
Hanover Avenue, N. W., Official Tax No.
2220609, ($18,000.00 purchase price, $500.00
attorney's fees, and $2,000.00 closing costs)
through the program, subject to approval of
rehabilitation financing through the HUD
Section 312 program; and
CDBG loan not to exceed $14,800.00 to Lewis J.
Lambert, Jr. and Kathy R. Lambert to purchase
and rehabilitate 806 Rorer Avenue, S. W.,
Official Tax No. 1112208 ($12,300.00 purchase
price, $500.00 attorney's fees, and $2,000.00
closing costs) through the program, subject to
approval of rehabilitation financing from the
State.
The City Manager recommended that Council approve a
CDBG loan, not to exceed $20,500.00, to Tessa Lynette
Leak for purchase and rehabilitation of 1231 Hanover
Avenue, N. W.; and approve a CDBG loan, not to exceed
$14,800.00, to Lewis J. Lambert, Jr., and Kathy R.
Lambert for purchase and rehabilitation of 806 Rorer
Avenue S. W., under the Home Purchase Assistance Program;
that the City Manager be authorized to execute documents
necessary to implement and administer said loans,
including Construction Disbursement Agreements, subject
to approval by the City Attorney; and upon payment, or
full satisfaction, of the debt secured by the Deed of
Trust and delivery of the cancelled Deed of Trust Note to
the person or persons by whom it was paid, the City
Manager will execute a Certificate of Satisfaction, upon
form prepared by the City Attorney, and the City Attorney
shall file such Certificate of Satisfaction in the Office
of the Clerk of the Circuit Court of the City of Roanoke,
said note to evidence the loans and Deeds of Trust naming
Joel M. Schlanger and Wilburn C. Dibling, Jr., as
Trustees securing the loans, to be approved as to form by
the City Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
Ordinance:
80
ACTION:
(~30674-82691) AN ORDINANCE approving the loan of
Community Development Block Grant (CDBG) funds to
individuals in connection with the City's Home Purchase
Assistance Program,' authorizing the City Manager to
execute documents providing for the assignment of certain
options to those individuals, authorizing the City
Manager to execute documents approved as to form by the
City Attorney necessary to implement and administer the
loans, including Construction Disbursement Agreements,
authorizing the City Attorney and Director of Finance to
serve as trustees with regard to the related deed of
trust securing the notes for the loans, authorizing the
City Manager to execute certificates of satisfaction upon
full payment and satisfaction of the loans, and
authorizing recordation by the City Attorney of the
certificates of satisfaction in the Office of the Clerk
of the Circuit Court for the City of Roanoke; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 79.)
Mr. Harvey moved the adoption of Ordinance No.
30674-82691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser .... 6.
NAYS: None -0.
(Mayor Taylor was absent.)
WATER DEPARTMENt: The City Manager submitted a
written report advising that the Water System Capital
Improvement Program was approved by Council on June 24,
1991, to provide for expansion of and renovation to the
Carvins Cove Treatment Plant, distribution systems and
other associated work; and for the sake of expediency,
funding and ease of construction, the scope of work to be
performed has been divided into two phases.
It was further advised that Engineering Services
Qualification Proposals for the necessary design were
publicly advertised and received; that interviews were
held with all firms, with the exception of Hazen and
Sawyer, P.C. and Wiley & Wilson who withdrew their
proposals; that Mattern & Craig, Inc., in association
with Alvord, Burdick & Howson, Consulting Engineers, were
selected as the most qualified firms due to their past
performance on the Carvins Cove Feasibility Study, as
well as their extensive past experience in designing
81
,!
water treatment facilities; and Phase I negotiations were
conducted with Mattern & Craig, Inc., in association with
Alvord, Burdick & Howson, Consulting Engineers, for
necessary design work and related tasks.
It was explained that the scope of work to be
performed under Phase I includes the following:
Rework the. intake tower in the dam
to increase its capacity and provide
the intakes with screens.
Installation of a new 36" diameter
parallel water main from the dam
down to the filter plant.
m
A new low lift pump station on this
main with stand-by generator power
and then rebuild the present low
lift pump station.
New work at the plant would increase
aeration of raw water, additional
chemical contact and settling time,
rebuilding of all filter beds, a new
reservoir and pumps for backwash
water delivery, piping rerouting to
deliver filtered water to the new
four million gallon reservoir and
interconnection to the existing two
million gallon reservoir, and sludge
disposal process improvements. Work
off site to include stand-by
generator power and controls for the
Boxley Hills Pumping Station.
The City Manager recommended he be authorized to
execute a professional services contract with Mattern &
Craig, Inc., subject %o approval by the City Attorney, in
the amount of $1,969,400.00; that Council establish a
contingency amount of $40,000.00, with a design schedule
of 180 days for completion of the work; and that Council
appropriate $2,009,400.00 of anticipated bond proceeds to
an account to be established by the Director of Finance
for Carvlns Cove Improvements, Phase I.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
82
ACTION:
ACTION:
(#30675-82691) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 81.)
Mrs. Bowles moved the adoption of Ordinance No.
30675-82691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ....... 6.
NAYS: None --0.
(Mayor Taylor was absent.)
Mrs. Bowles offered the following Resolution:
(#30676-82691) A RESOLUTION authorizing the
execution of a contract with Mattern and Craig, Inc., to
provide engineering services for Phase I of the Carvins
Cove Improvement Project.
(For full text of Resolution, see Resolution Book No. 53,
page 82.)
Mrs. Bowles moved the adoption of Resolution No.
30676-82691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser .............. 6.
NAYS: None--- 0.
(Mayor Taylor was absent.)
PARKS ANDPLAYGROUNDS-SCHOOLS-RECREATION DEPARTMENT:
The City Manager submitted a written report advising that
the Northwest Recreation Club has requested permission
from the City to construct a new permanent building at
Westside Ball Field behind the existing baseball backstop
based upon the following reasons:
Concession stand improvements are needed to
better serve spectators and participants.
Concession sales is a major source of revenue
for the Club.
ACTION:
Larger storage area is necessary to handle
quantity and variety of existing athletic
equipment.
Permanent restroom facilities would eliminate
the need for portable toilets at the site.
Meeting space would be available for Club
related activities such as team meetings.
It was further advised that similar facilities have
been constructed and are being successfully operated by
other City Recreation Clubs such as Williamson Road
Recreation Club (Breckinridge Field), Southeast
Recreation Club (Jackson Park) and Wilmont Recreation
Club (Strauss Park).
The City Manager explained that Council's
authorization is required prior to allowing construction
of a permanent building on City or School property; that
representatives of the Roanoke City Public Schools have
met with representatives of the Northwest Recreation Club
and they are not opposed to the proposed construction;
that the School Board approved the proposed project at
its August 13, 1991 meeting; and the Northwest Recreation
Club has raised approximately $20,000.00 for material
costs and received assurances for gratis construction
assistance.
The City Manager recommended that Council approve
the request of the Northwest Recreation Club to construct
a new permanent building at Westside Elementary School
ballfield, subject to certain terms and conditions as
stipulated by the City Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the following Ordinance be
placed upon its first reading:
(#30677) AN ORDINANCE authorizing the Northwest
Recreation Club to construct a permanent structure at
Westside Elementary School ballfield, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 95.)
The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser--- 6.
NAYS: None---
(Mayor Taylor was absent.)
BUDGET-GRANTS-PARKSAND PLAYGROUNDS-TREES: The City
Manager submitted a written report advising that
approximately 15,000 City-owned trees exist along the
streets and in the parks of the City that have extensive
aesthetic and environmental value, and are vital to the
community; and Urban Forestry staff, within the Parks and
Recreation Department, is responsible for management of
the trees in order to assure safety of persons and
property and to promote the health and vigor of Roanoke's
urban forest.
It was further advised that the advanced age of
Roanoke's urban forest results in the loss of
approximately 500 City trees annually and the steady
decline of many others; that the City's tree management
and replacement efforts have been hampered by lack of an
accurate tree inventory and a comprehensive tree
management plan; that application for an "America the
Beautiful" grant was filed with the Virginia Department
of Forestry for the purchase of an urban forestry
software program for development of a computerized tree
management system; and a grant in the amount of $4,995.23
was approved, with equivalent local funds for computer
hardware to be provided by the City.
The City Manager recommended that he be authorized
to execute the necessary documents accepting the grant;
and that Council appropriate $4,495.23 to Furniture and
Equipment, Account No. 001-050-4340-900, and establish a
revenue estimate account in the amount of $4,995.23.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30678-82691) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 83.)
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
30678-82691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser .... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
Mrs. Bowles offered the following Resolution:
(#30679-82691) A RESOLUTION authorizing the
acceptance of an "America the Beautiful" Grant made to
the City by the Virginia Department of Forestry to be
used for development of a computerized tree management
program.
(For full text of Resolution, see Resolution Book No. 53,
page 84.)
Mrs. Bowles moved the adoption of Resolution No.
30679-82691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ...... 6.
NAYS: None ...... O.
(Mayor Taylor was absent.)
BUDGET-POLICE DEPARTMENT-EQUIPMENT: The City
Manager submitted a written report advising that the
Police Department developed and implemented the Community
Oriented Policing Effort (COPE) Project in the Lincoln
Terrace public housing complex on August 1, 1991; and the
C.O.P.E. Team, City staff, materials, and equipment are
a redistribution of current resources and overuse of
existing equipment.
It was further advised that the portable radio
equipment now being used by the C.O.P.E. Team is borrowed
from other assignments and performing double duty thereby
taxing the capability of the equipment; and th~ program
was developed and implemented after formulation of fiscal
year 1991-92 budget and based on community need.
The City Manager recommended that Council authorize
the transfer of $14,755.00 from Contingency Reserve,
Account No. 001-002-9410-2199, to Police Department,
86
ACTION:
Account No. 001-050-3112-9005, in order to purchase nine
portable radios and related accessories to provide
members of the C.O.P.E. Team with instant and reliable
communication capability.
(For full text, see 'report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30680-82691) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 84.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30680-82691. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ............. 6.
NAYS: None 0.
(Mayor Taylor was absent.)
VIRGINIA TECH-PARKING GARAGE-CITY PROPERTY: The
City Manager submitted a written report advising that
Virginia Tech entered into a lease agreement with the
City of Roanoke on May 2, 1989, agreeing to lease
approximately 7000 square feet of space, located at 111
to 117 Church Avenue,.S.W., for the purpose of operating
a graduate and continuing education center; and main
components of the lease are as follows:
The term of the lease began on August 1, 1989,
and will terminate on July 31, 1992.
The building will be rent-free for the term of
the lease.
Virginia Tech reimbursed the City for the full
amount of improvements made to the space
(approximately $210,000.00).
Virginia Tech pays for all utilities and
Janitorial services.
,!
ACTION:
Six parking permits were provided in the
Church Avenue Parking Garage at market rate.
The City may use the Graduate Center's
facilities for meetings and activities at no
charge.
It was further advised that Virginia Tech has
requested a two year extension of the present lease, thus
termination would be on July 31, 1994; that main
components of the lease will remain the same; that an
added condition of the lease will allow Virginia Tech to
have access to the CITY School located next door to the
Graduate Center at times which do not interfere with
normal operations of the CITY School; and the Roanoke
City School Administration has given written approval of
the provision.
The City Manager recommended that he be authorized
to enter into a lease extension agreement extending the
present lease for property located at 111-117 Church
Avenue, S. W., subject to approval by the City Attorney,
for a period of two years from August 1, 1992, to
July 31, 1994.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the following Ordinance
be placed upon its first reading:
(#30681) AN ORDINANCE authorizing the appropriate
City officials to enter into a written amendment to the
Lease Agreement dated August 1, 1989, with Virginia
Polytechnic Institute and State University, for premises
located at 111-117 Church Avenue, S. W., upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 93.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members White, Bowers,
Fitzpatrick, Harvey and Vice-Mayor Musser .....
NAYS: None
Bowles,
6.
(Mayor Taylor was absent.)
88
BUDGET-BRIDGES-TRAFFIC-STATE HIGHWAYS-HENRY STREET
REVITALIZATION: The City Manager submitted a written
report advising that the Virginia Department of
Transportation (VDOT) continuously develops various
phases of Council approved highway projects which include
such items as preliminary engineering, right-of-way
acquisition and project construction; that billings to
the City from VDOT are done on a monthly basis,
representing the City's share of the expenditures to
date, which share is generally five per cent for plan
development phases authorized prior to July 1, 1989, and
two per cent for phases authorized after that date; that
Capital Fund accounts are established for each project in
the amount of the estimated billings that are anticipated
for the year, which provides for easier payments of
interim bills; and there may be instances when additional
requests to Council for transfers are needed to cover
interim bills.
It was further advised that the Capital Improvement
Program approved for fiscal years 1990-1994 includes
$837,634.00 to provide for the City's share of
anticipated highway project costs over a three year
period, and of this amount, $194,409.00 is designated to
come from the 1988 Bond Series; that a transfer of
$44,000.00 from the Streets and Bridges category of the
1988 Bond Series to individual project accounts is needed
to cover anticipated billings; that in particular, the
Second Street/Gainsboro Road project requires a funding
appropriation in order to cover right-of-way acquisition
costs; that the City's share is $24,000.00, which is two
per cent of the $1,200,000.00 needed for additional
right-of-way costs; and billing procedures between the
City and the Virginia Department of Transportation
require that $1,224,000.00 be appropriated to the project
account, and that the receivable account be increased by
$1,200,000.00 which will be reimbursed to the City by the
Virginia Department of Transportation.
The City Manager advised that individual projects
are funded from their respective highway and utility
accounts depending upon the extent of water and sewer
relocation needed on each project; that three of the
eight highway construction projects for which funds are
currently allocated ~n the Six-Year Improvement Program
of the Virginia Department of Transportation require
continued funding in order to meet the costs anticipated
on the projects for fiscal year 1991-92; that transfers
are needed for three projects, and other projects already
have sufficient allocation from previous years to meet
anticipated billings.
89
ACTION:
The City Manager recommended that Council
appropriate $1,224,000.00 to Account No.
008-052-9547-9001, of which $1,200,000.00 will be
reimbursed by the Virginia Department of Transportation;
and transfer $44,000.00 from the Streets and Bridges
category of the 1988 Bond Series to individual project
accounts, as follows:
Second Street/Gainsboro Road
Account No. 008-052-9547-9001
$24,000.00
(city sha )
Fifth Street Bridge Replacement
Account No. 008-052-9599-9003
10,000.00
Brandon Avenue Widening
Account to be established
by the Director of Finance
10~000.00
$44,000.00
(For full text, see report on file in the City
Clerk's Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30682-82691) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 85.)
Mr. White moved the adoption of Ordinance No. 30682-
82691. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ............. 6.
NAYS: None 0.
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance
submitted the Financial Report of the City of Roanoke for
the month of July, 1991.
(For full text, see financial report on file in the City
Clerk's Office.)
90
ACTION:
Mr. Harvey moved that the financial report be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted.
DIRECTOR OF FINANCE-CITY TREASURER: The Director of
Finance and the City Treasurer submitted a joint written
report advising that the Code of the City of Roanoke
(1979), as amended, §2-179, Investment of surplus funds,
was amended by Council on April 1, 1991, and Council
concurred in the recommendation of the Director of
Finance and the City Treasurer to issue a Request for
Proposal for a short-term cash manager.
It was further advised that the City received eight
proposals, which were reviewed and analyzed in detail in
relation to the City's written goals and objectives for
short-term cash management; that three firms were
interviewed, with one firm's investment strategy and the
City's cash management objectives being similar; and the
firm's investments are one to five year U. S. Treasury
Securities or overnight investments collateralized with
Federal obligations.
It was explained that the City's idle cash will not
be invested in securities having a maturity of more than
five and one-half years, which will insure capital
preservation and safety due to major changes in interest
rates; that the firm will be compensated based upon a
rate of return on cash managed (Performance Fee); and the
firm shall outperform the Merrill Lynch one to three year
U. S. Treasury Index (bench mark), plus the custodian
fees; and the firm will be compensated one-third of
interest income over the bench mark with a maximum cap
amount.
The Director of Finance and the City Treasurer
recommended that they be authorized to enter into a
contract with Institutional Treasury Management
Investment Advisors, the form of such contract to be
approved by the City Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
(#30683-82691) A RESOLUTION authorizing a contract
between the City and Institutional Treasury Management,
Incorporated ("ITM), by which ITMagrees to provide short
term cash management services on behalf of the City.
: 91
ACTION:
(For full text of Resolution, see Resolution Book No. 53,
page 86.)
Mr. Harvey moved the adoption of Resolution No.
30683-82691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser .... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
BINGO AND RAFFLE ENFORCEMENT: The Director of
Finance submitted a written report advising that in June
1990, the Finance Department was charged with the
responsibility of administering and enforcing the new
City Ordinances adopted by Council to regulate bingos and
raffles; that the first six months of assigned
responsibilities were primarily devoted to the
development of a firm administrative base to ensure
compliance and to train, inform, and assist organizations
in complying with new Code and accounting requirements;
that nine bingo permits were issued in 1991; that as of
July 1991, seven organizations held valid permits; and
the Roanoke Neighborhood Alliance permit was revoked and
Junior Achievement voluntarily discontinued its bingo
operation.
Mr. Schlanger'explained that the report was
submitted for informational purposes only, and addressed
such matters as gross receipts, enforcement efforts,
hearings and audit fees, advising that issues and
concerns which have been brought to life point out the
following:
Instant Bingo is the single greatest
area for abuse in the operation of
bingo in the City. It has an
addictive effect on many players and
encourages heavy gambling losses to
players. The greatest number of
accounting non-compliance areas were
noted in the accounting for instant
bingo.
Additional police assistance will
continue to be instrumental tn the
enforcement of bingo ordinances in
the City.
92
ACTION:
The audit requirements will continue
to be regular and demanding on the
Department of Finance for fiscal
year 1991-92. Assistance from
outside audit firms will be sought
to ensure 'continued review of all
accounting requirements.
Billings and Collections staff will
continue to set a priority on
providing training and assistance to
all permit holding organizations on
any aspect of the Code or accounting
requirements. Current staffing
reductions have compounded the
difficulty of providing immediate
service to these organizations.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mrs. Bowles and
adopted.
REPORTS OF COMMITTEES:
INDUSTRIES-AIRPORT-STREETS AND ALLEYS: Council
Member William White, Sr., Chair of a committee appointed
by the Mayor to tabulate bids received for improvements
to Towne Square Boulevard and Airport Road, N. W.,
presented a written report on behalf of the committee,
recommending that Council authorize the City Manager to
enter into a contractual agreement with H & S
Construction Company. for improvements to Towne Square
Boulevard and Airport Road, subject to approval by the
City Attorney, in the amount of $95,468.91, in accordance
with contract documents as prepared by Mattern & Craig,
Inc.; that the Director of Finance be authorized to
establish a contingency amount of $14,531.09, with 60
consecutive calendar days for completion of the work; and
reject all other bids received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency Ordinance:
ACTION:
(#30684-82691) AN ORDINANCE accepting the bid of
H & S Construction Company of Roanoke, Virginia, for
certain improvements to Towne Square Boulevard and
Airport Road, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such
work; rejecting all other bids made to the City for the
work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 87.)
Mr. White moved the adoption of Ordinance No. 30684-
82691. The motion was seconded byMr. Harvey and adopted
by the following vote:
AYES: Council Members White, Bowers,
Fitzpatrick, Harvey and Vice-Mayor Musser-
Bowles,
6.
NAYS: None
t
(Mayor Taylor was absent.)
BUDGET-PARKSAND PLAYGROUNDS-RECREATION DEPARTMENT:
Council Member William White, Sr., Chair of a committee
appointed by the Mayor to tabulate bids received for
alterations and additions to the Grandin Court Recreation
Center, presented a written report on behalf of the
committee, recommending that Council authorize the City
Manager to enter into a contractual agreement with
Williams Painting and Remodeling, Inc., subject to
approval by the City Attorney, in accordance with
contract documents as prepared by the City Engineer's
Office, in the amount of $49,000.00, and 90 consecutive
calendar days for completion of the work; that the
Director of Finance be authorized to transfer $54,000.00
from Account No. 008-052-9603-9180 to an account to be
entitled, Grandin Court Recreation Center Alterations;
and that all other bids received by the City be rejected.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:.
(#30685-82691) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
94
ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 53,
page 88.)
Mr. White moved the adoption of Ordinance No.
30685-82691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser- 6.
NAYS: None 0.
(Mayor Taylor was absent.)
Mr. White offered the following emergency Ordinance:
(#30686-82691) AN ORDINANCE accepting the bid of
Williams Painting and Remodeling, Inc., for performing
alterations and additions to Grandin Court Recreation
Center, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City
officials to execute the requisite contract for such
work; rejecting all other bids made to the City for the
work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 89.)
Mr. White moved the adoption of Ordinance No. 30686-
82691. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser- 6.
NAYS: None .... 0.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 30644-82691 rezoning two
parcels of land lying at the southwest corner of the
intersection of 13th Street and Cleveland Avenue, S. W.,
identified as Official Tax Nos. 1220901 and 1220902, from
RM-2, Residential Multi-Family, Medium Density District,
to C-l, Office District, subject to certain conditions
proffered by the petitioner, having previously been
before the Council for its first reading on Monday,
: 95
ACTION:
ACTION:
August 12, 1991, read and adopted on its first reading
and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final
adoption:
(#30644-82691) AN ORDINANCE to amend §36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
122, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 53,
page 57.)
Mr. Bowers moved the adoption of Ordinance No.
30644-82691. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ..... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
ZONING: Ordinance No. 30645-82691 rezoning a tract
of land located at 1011 Kimball Avenue, N. E., identified
as Official Tax No. 3030201, from HM, Heavy Manufacturing
District, to LM, Light Manufacturing District, having
previously been before the Council for its first reading
on Monday, August 12, 1991, read and adopted on its first
reading and laid over, was again before the body, Mr.
Fitzpatrick offering the following for its second reading
and final adoption:
(#30645-82691) AN ORDINANCE to amend S36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
303, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City.
(For full text of 0rdinance, see Ordinance Book No. 53,
page 58.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30645-82691. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ..... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
ACT/ON:
ACTION:
STREETS AND ALLEYS: Ordinance No. 30646-82691
permanently vacating, discontinuing and closing a portion
of 20th Street and Westport Avenue, S. W., having
previously been before the Council for its first reading
on Monday, August 12, 1991, read and adopted on its first
reading and laid over, was again before the body, Mr.
Fitzpatrick offering the following for its second reading
and final adoption:
(#30646-82691) AN ORDINANCE permanently vacating,
discontinuing and closing certain public rights-of-way in
the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 59.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30646-82691. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ............. 6.
NAYS: None ......
(Mayor Taylor was absent.)
STREETS AND ALLEYS: Ordinance No. 30647-82691
authorizing the temporary closure by barricade of
Maitland Avenue, N. W., between Williamson Road and
Woodbury Street, having previously been before the
Council for its first reading on Monday, August 12, 1991,
read and adopted on its first rsading and laid over, was
again before the body, Mrs. Bowles offering the following
for its second reading and final adoption:
(#30647-82691) AN ORDINANCE authorizing the
temporary closure by barricade of a certain public right-
of-way in the City of Roanoke, Virginia, as is more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 61.)
Mrs. Bowles moved the adoption of Ordinance No.
30647-82691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey and Vice-Mayor Musser ........... - ..... 5.
NAYS: Council Member Bowers- - ..... 1.
(Mayor Taylor was absent.)
ZONING-CITY CODE AMENDMENTS: Ordinance No. 30648A-
82691 amending §36.1, Zoning, of the Code of the City of
Roanoke, 1979, as amended, to include amendments which
are deemed necessary to insure that the City's
development regulations are responsive to current
development needs and community issues, having previously
been before the Council for its first reading on Monday,
August 12, 1991, read and adopted on its first reading
and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final
adoption:
(#30648A) AN ORDINANCE amending §36.1-25,
Definitions; subsection (3) of S36.1-52, Permitted uses;
§36.1-52, Permitted uses, by the addition of new
subsection (10); subsection (4) of §36.1-71, Permitted
uses; ~36.1-72, Special exception uses, by the addition
of new subsections (10) and (11); subsection (4) of
$36.1-89, Permitted uses; ~36.1-90, Special exception
uses, by the addition of new subsections (13) and (14);
subsection (5) of S36.1-107, Permitted uses; ~36.1-108,
Special exception use~, by the addition of new
subsections (12) and (13); subsection (7) of §36.1-126,
Permitted uses; ~36.f-127, Special exception use~., by the
addition of new subsections (8), (9) and (10); ~36.1-146,
Special exception uses., by the addition of new
subsections (5), (6) and (7); subsection (7) of §36.1-
164, Permitted uses; subsection (11) of S36.1-185,
Permitted uses; subsection (7) of §36.1-206, Permitted
uses; subsection (8) of S36.1-227, Permitted uses; §36.1-
249, Permitted uses, by the addition of new subsection
(26); subsection (6) of §36.1-270, Permitted uses; §36.1-
270, Permitted uses, by the addition of new subsection
(8); subsection (a) of ~36.1-412, Temporary buildinqs,
structures and construction dumpsters; §36.1-412,
Temporary bulldinqs.w structures and construction
dumpsters, by the addition of subsection (c); subsectio~,
(a) of S36.1-435, Parkinq of commercial vehicles;
subsection (f) of S36.1-531, General requirements; §36.1-
576, Submission procedures; comprehensive development
plan, by the addition of new subsection (d); subsection
(a) of §36.1-690, General authority and procedure;
subsection (b) of ~36.1-691, Planninq commission action;
and subsection (d)(3) of ~36.1-710, Fees generally, of
the Code of the City of Roanoke (1979), as amended, such
ACTION:
amendments and additions relating to the definition of
family, mobile home, manufactured home, fast food
restaurant, restaurant, boarding or rooming house, hotel,
motel or inn, a manufactured home as a permitted use in
the RA, Residential. Agriculture District, radio and
television transmitters in the LM, Light Manufacturing
District, and the HM, Heavy Manufacturing District, fire
stations, police stations and elementary schools as
special exception uses in residential districts, bus
depots and repair facilities as permitted uses in the HM,
Heavy Manufacturing District, temporary construction
dumpsters, accessory columbariums with churches,
synagogues and other places of worship as permitted uses
in residential and commercial districts, parking of
commercial vehicles, accessory structures, submission
procedures for comprehensive plans of development,
general authority and procedure for filing of an
application for a zoning map amendment, notice of
hearings before the Planning Commission, and fees for
review of a comprehensive plan of development.
(For full text of Ordinance, see Ordinance Book No. 53,
page 63.)
Mr. Bowers moved the adoption of Ordinance No.
30648A-82691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser-- 6.
NAYS: None 0.
(Mayor Taylor was absent.)
COUNCIL-NATIONAL LEAGUE OF CITIES: Mr. Harvey
offered the following resolution cancelling the regularly
scheduled meeting of City Council on Monday, December 16,
1991, inasmuch as a majority of the Members of Council
will be in attendance at the National League of Cities
Conference to be held on December 12 - 16, 1991, in Las
Vegas, Nevada:
(#30687-82691)
regularly scheduled
December 16, 1991.
A RESOLUTION cancelling the
meeting of City Council on
(For full text of Resolution, see Resolution Book No. 53,
page 90.)
ACTION:
ACTION:
Mr. Harvey moved the adoption of Resolution No.
30687-82691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser- 6.
NAYS: None ....
(Mayor Taylor was absent.)
COUNCIL-NATIONAL LEAGUE OF CITIES: Mrs. Bowles
offered the following resolution designating the
Honorable Noel C. Taylor, Mayor, and the Honorable
Howard E. Musser, Vice-Mayor, as Voting Delegate and
Alternate Voting Delegate for the Annual Business Meeting
of the National League of Cities to be held on December
12-16, 1991, in Las Vegas, Nevada:
(~30688-82691) A RESOLUTION designating a Voting
Delegate and Alternate Voting Delegate for the Annual
Business Meeting of the National League of Cities.
(For full text of Resolution, see Resolution Book No. 53,
page 91.)
Mrs. Bowles moved the adoption of Resolution No.
30688-82691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser-- 6.
NAYS: None
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/O~ COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL.
COMPLAINTS-SEWERS AND STORM DRAINS: Council Member
Bowers referred to a communication from Ms. Renee' Evans,
4513 Old Mountain Road, N. E., calling attention to a
drainage ditch at the rear of her property which is in
danger of caving in.
(For full text, see communication on file in the City
Clerk's Office~)
100
ACTION:
ACTION:
ACTION:
Mr. Bowers moved that the matter be referred to the
City Manager for investigation and report by the regular
meeting of Council on Monday, September 23, 1991. The
motion was seconded by Mr. Fitzpatrick and adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 9:25 p.m., the Vice-Mayor declared the meeting in
recess.
At 10:30 p.m., the meeting reconvened in the
Council Chamber, with Vice-Mayor Musser presiding, and
all Members of the Council in attendance, with the
exception of Mayor Taylor.
COUNCIL: With respect to the Executive Session just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ............. 6.
NAYS: None 0.
(Mayor Taylor was absent.)
YOUTH (YOUTH SERVICES CITIZEN BOARD): The Vice-
Mayor advised that there is a vacancy on the Youth
Services Citizen Board, created by the resignation of Mr.
Robert L. Hopkins, for a term ending May 31, 1994, and
called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Ms.
MarJorie S. Smithey.
There being no further business, Ms. Smithey was
elected as a member 6f the Youth Services Citizen Board
for a term ending May 31~ 1994, by the following vote:
FOR MS. SMITHEY: Council Members White, Bowers,
Bowles, Fitzpatrick, Harvey and Vice-Mayor Musser ..... 6.
(Mayor Taylor was absent.)
101
ACTION:
ACTION:
ACTION:
ECONOMIC DEVELOPMENT COMMISSION: The Vice-Mayor
advised that there is a vacancy on the Economic
Development Commission, created by the death of Mr. Jack
C. Smith, for a term ending June 30, 1994; and called for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Mr.
Mark D. Heath.
There being no further nominations, Mr. Heath was
elected as a member of the Economic Development
Commission, for a term ending June 30, 1994, by the
following vote:
FOR MR. HEATH: Council Members White, Bowers,
Bowles, Fitzpatrick, Harvey and Vice-Mayor Musser ..... 6.
(Mayor Taylor was absent.)
Mr. Fitzpatrick moved that the
requirement be waived in this instance.
seconded by Mr. White and adopted.
City residency
The motion was
HOUSING (ROANOKE REDEVELOPMENT AND HOUSING
AUTHORITY): Mr. Bowers offered the following resolution
reappointing Ms. Jo Anne Justis as a Commissioner of the
City of Roanoke Redevelopment and Housing Authority, for
a term of four years, commencing September 1, 1991, and
ending August 31, 1995; and waiving the City residency
requirement:
(#30689-82691) A RESOLUTION appointing a
Commissioner of the City of Roanoke Redevelopment and
Housing Authority to fill a four-year term and waiving
the requirement of City residency.
(For full text of Resolution, see Resolution Book No. 53,
page 91.)
Mr. Bowers moved the adoption of Resolution No.
30689-82691. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser-- 6.
NAYS: None. 0.
(Mayor Taylor was absent.)
102
SPECIAL PERMITS-SCHOOLS: The City Manager submitted
a written report advising that the Jefferson Center
Foundation has been working towards raising $2 million
for renovation and development of the former Jefferson
High School building; that the Jefferson Center
Foundation wishes to have an architectural and
engineering firm begin preliminary work on design for
proposed rehabilitation of the building; and in order to
complete the work, access to the building is necessary.
The City Manager recommended that he be authorized
to execute a Revocable License Agreement allowing the
Jefferson Center Foundation to enter City property
(Jefferson High School) for the purpose of preliminary
architectural and engineering work.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30690-82691) AN ORDINANCE granting to Jefferson
Center Foundation a revocable license to enter upon City
property, for the ~urpose of performing preliminary
architectural and engineering studies, upon certain terms
and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 92.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
30690-82691. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser--- 6.
NAYS: None 0.
(Mayor Taylor was absent.)
There being no further business, the Vice-Mayor
declared the meeting adjourned at 10:40 p.m.
APPROVED
ATTE ST:
City Clerk
Vice-Mayor
103
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
September 9, 1991
7:30 p.m.
The Council of the City of Roanoke met in regular session
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
September 9, 1991, at 7:30 p.m., the regular meeting hour, with
Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council Members David A. Bowers, Beverly T.
Fitzpatrick, Jr.~ James G. Harvey, II, Howard E. Musser, William
White, Sr., and Mayor Noel C. Taylor .................... 6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Earl B. Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Walter L. Wood, Jr., Pastor, New Life Temple Pentecostal Holiness
Church.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
PUBLIC HEARINGS:
STREETS ANDALLEYS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City
Clerk having advertised a public hearing for Monday,
September 9, 1991, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Ms. Mary
Louise Stotler that a portion of Gregory Avenue, N. E.,
between Cherokee Street and Rhodes Avenue, be permanently
vacated, discontinued and closed, the matter was before
the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, August 23, 1991, and Friday,
August 30, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
104
A report of the City Planning Commission advising
that the section of Gregory Avenue, N. E., extending from
Hollins Road N. E. to Rhodes Avenue N. E., is
undeveloped; and the portion of Gregory Avenue N. E., as
requested for closure is a part of the platted, but
undeveloped right-of-way, was before Council.
It was further advised that a complaint was received
by the City Engineering's Office in early 1991, which
revealed that the abovementioned right-of-way was being
filled and graded for the purpose of providing additional
parking and maneuvering for the abutting land tenant,
R. E. Trucking Company; and a Erosion and Sediment
Control Plan was subsequently submitted to the City for
review and approval, which plan is presently under
review.
The City Planning Commission recommended that
Council approve the request to close and vacate a portion
of Gregory Avenue, N. E., advising that the street
section has remained undeveloped for many years; that the
City has no current or future plans to utilize the
undeveloped street section; and closure will return the
land within the undeveloped right-of-way to a taxable
status, relieving the City of future maintenance costs,
such as weed cutting, etc.; subject to the following
conditions:
that the applicant agrees to have prepared and
submitted to the City for review, approval and
recordation, a plat of subdivision providing
for disposition of the land within the vacated
right-of-way and providing for any and all
necessary easements.
if the above plat of subdivision has not been
submitted, approved and recorded within a
period of 12 months from the date of any
ordinance providing for the subject closure,
said ordinance shall become null and void, with
no further action by City Council being
necessary.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the following Ordinance be
placed upon its first reading:
105
ACTION:
(#30691) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 106.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for street closure. There being none, Ordinance No.
30691 was adopted, on its first reading, by the following
vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
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,
September 9, 1991, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Sheet Metal
Workers' Local Union 100 Apprenticeship Fund of the
Roanoke Area, that three parcels of land lying on the
southeast corner of the intersection of Dale Avenue and
21st Street, S.E., described as 2101 Dale Avenue, S. E.,
Official Tax Nos. 4310901, 4310903 and 4310904, be
rezoned from RM-2, Residential Multifamily, Medium
Density District, to C-I, Office District, subject to
certain conditions proffered by the petitioner, the
matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, August 23, 1991, and Friday,
August 30, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is for
adaptive reuse of an existing building and the
construction of a second building on the property to be
used for a sheet metal apprenticeship training facility,
was before Council.
106
ACTION:
The Planning Commission recommended that Council
approve the request for rezoning inasmuch as the rezoning
would provide a transitional buffer area from the more
intensive commercial uses to the east to the residential
uses to the west and south of the subject property as
well as provide for a compatible reuse of a vacant non-
residential structure.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(#30692) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 431
Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 53,
page 108.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoningo There being none, Ordinance No. 30692 was
adopted, on its first reading, by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Bowles was absent.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific att~Ic~ to three requests for Executive
Sessions to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council;
a matter with regard to acquisition and disposition of
real property for public purposes, and specific legal
matters requiring the provision of legal advice by
counsel, being the terms and conditions of various
agreements and related legal documents, all in connection
107
ACTION:
ACTION:
with the Hotel Roanoke project; and a matter with regard
to acquisition of real property for public purpose and
specific legal matters requiring the provision of legal
advice by counsel, being the acquisition of certain real
estate interests needed for the Roanoke River Flood
Reduction Project.
MINUTES: Minutes of the special meeting of Council
held on Thursday, May 2, 1991; the Personnel Committee
meeting held on Thursday, May 2, 1991; the special
meeting held on Monday, May 6, 1991; the regular meetings
held on Monday, May 6, 1991; Monday, May 13, 1991;
Monday, May 20, 1991; the special meeting held on
Thursday, May 23, 1991; and the regular meeting held on
Tuesday, May 28, 1991, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the reading of the
minutes be dispensed with and that the minutes be
approved as recorded. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ........ 6.
NAYS: None -0.
(Council Member Bowles was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344
(A) (1), Code of Virginia (1950), as amended, was before
the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant
to Section 2.1-344 (A) (1), Code of Virginia (1950), as
amended. The motiqn was seconded by Mr. Harvey and
adopted by the following vote:
108
ACTION:
AYES: Council Members Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ...... 6.
NAYS: None ..... _ .....
(Council Member Bowles was absent.)
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss a matter with regard to
acquisition of real property for public purpose and
specific legal matters requiring the provision of legal
advice by counsel, being acquisition of certain real
estate interests needed for the Roanoke Rlver Flood
Reduction Project, pursuant to Sections 2.1-344 (A) (3)
and 2.1-344 (A) (7), Code of Virginia (1950) as amended
was before Council. · ·
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick-moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss a matter with regard to acquisition of
real property for public purpose and specific legal
matters requiring the provision of legal advice by
counsel, being acquisition of certain real estate
interests needed for the Roanoke River Flood Reduction
Project, pursuant to Sections 2.1-344 (A) (3) and 2.1-344
(A) (7), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ..... 6.
NAYS: None ......
'0.
(Council Member Bowles was absent.)
SEWERS ANDSTORMDRAINS-COMPLAiNTS:
A report of the
City Manager in response to concerns expressed by Ms.
Renee Evans regarding a drainage ditch located at the
rear of her property at 4513 Old Mountain Road, N. E
was before Council. .,
(For full text, see report on file in the City Clerk's
Office.)
The City Manager advised that Ms. Evans is the owner
of a 2.1 acre tract of land on Old Mountain Road; that
the depth of her property is in excess of 400 feet and
slopes downhill from Old Mountain Road to a natural ditch
along the rear property line; that the Monterey Hills
216
It was explained that lease extension for a two year
period has been agreed to by Mr. Trinkle; that terms of
the lease extension are the same as those in the original
lease agreement and the initial one year lease extension,
with the following additions:
additional two year term beginning December 1,
1991, and ending on November 30, 1993;
annual rent, payable monthly, to be Increased
by three per cent over current rates during
the additional two year term from $2,175.83
per month to $2,241.11 per month; and
lessor will continue to furnish four parking
spaces to the City, but, at a charge of $44.00
each per month, up from $40.00 during the
initial lease extension, which is equal to the
monthly rate in the Municipal Parking Garage.
It was further explained that initial funding
necessary to pay the new lease and parking fees during
fiscal year 1991-92, in the amount of $568.96, is
available in Account No. 001-050-3213-3075, and funds
should be recommended in fiscal year 1992-93 budget to
cover the increased costs associated with the second
year.
The Water Resources Committee recommended execution
of a lease extension agreement for the City's lease of
property located at ~24 Kirk Avenue, S. W., from James L.
Trinkle, C. W. Francis & Sons, Realtors, for an
additional two year term beginning December 1, 1991, at
a monthly rent of $2,241.11 with the lessor to furnish
four parking spaces to the City at a charge of $44.00
each per month and upon such other terms and conditions
as are deemed necessary.
(For full text, see reports on file tn the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
Ordinance:
(#30750-101491) A ORDINANCE authorizing an
extension of the lease by the City of property located at
124 Kirk Avenue, S. W., upon certain terms and
conditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 149.)
109
ACTION:
subdivision Is located behI,ld Ms. Evans' property and
shares this natural ditch line as a common boundary; and
the ditch is normally dry and shows the amount of erosion
expected from periodic storm water flowing over
unprotected earth.
It was further advised that at the present time, the
City Engineering's Office has on file 31 neighborhood
storm drainage projects which would cost in excess of
$3,600,000.00 to construct; that enclosing the ditch line
at the rear of Ms. Evans' property and downstream through
Old Monterey Golf Course to Tinker Creek would cost
approximately $200,000.00; that the projects only affects
undeveloped land and is not a hazard to people or
structures, thus ranking of the project on the City's
priority list of known projects is relatively low; and
City staff monitors projects on the priority list
periodically to determine if rankings should be changed.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council~embers Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .......... 6.
NAYS: None ............. 0.
(Council Member Bowles was absent.)
HOUSING-GRANTS: A report of the City Manager with
regard to a communication from Council Member David A.
Bowers relating to an allocation of funds by the City in
connection with the Private Rehabilitation Loan Program,
was before Council.
The City Manager advised that as a result of a
recent newspaper article which reported that the City
had "scrapped" the Private Rehabilitation Loan Program,
Council concurred in a request of Council Member Bowers
that the matter be referred to him for review and report.
Mr. Herbert explained that the decision to recommend
that the City delay funding of the program until the
latter part of this year was based upon a severe decline
in program use which, understandably, was due to trends
in the national economy.
It was further advised that as noted on a status
report, as of June, 1991, only $294,200.00 or about half,
of the $605,000.00 bond issue had been committed; that at
110
ACTION:
the time the Community Development Block Grant budget was
put together, only $173,000.00 of the $605,000.00 had
been committed, and the bond issue expired on August 31,
1991.
In terms of meeting the mortgage financing needs of
low/moderate income persons, there are several programs
available today that were not available in 1982 when the
program was started; that the newer programs are very
similar in terms of credit requirement and interest
rates; and programs are offered through varies state
agencies and have come about with considerable input from
City staff, Total Action Against Poverty in the Roanoke
Valley and the Roanoke Redevelopment and Housing
Authority.
The City Manager pointed out that he spoke with Mr.
John Asbury with Sovran Bank who represents lenders who
purchase the Roanoke Redevelopment and Housing Authority
bonds for the Private Rehabilitation Loan Program; that
they have agreed that City staff and lenders will revisit
the program in October/November to determine the timing
of the next bond issue and identify a source of funds to
meet loan loss reserve requirements and pay expenses
associated with issuance of the bonds; and Mr. Asbury
fully understands that it was never the City's intent to
"scrap" the program and he has acknowledged that the
City's funding strategy is consistent with the slow
performance of the program this past year.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ...... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
CELEBRATIONS (SPECIAL EVENTS): A communication from
Mr. Lex P. Gibson tendering his resignation as a member
of ghe Special Events Committee, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
111
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick moved that the communication be
received and filed and that the resignation be accepted
with regret. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey,
Musser, White and Maydr Taylor ......... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
PENDING ITEMS: A list of items pending from
July 10, 1978, through August 26, 1991, was before
Council.
(For full text, see Pending List on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the Pending List be
received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
LIBRARIES: A report of qualification of Ms.
Rochelle S. Nolan as a member of the Roanoke Public
Library Board for a term ending June 30, 1994, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ......... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
112
ACTION:
ACTION:
HUMAN RESOURCES: A report of qualification of Mr.
William C. Holland as a member of the Advisory Board of
Human Resources for a term ending November 30, 1994, was
before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
PLANNING (FIFTH PLANNING DISTRICT COMMISSION): A
report of qualification of Mr. J. Lee Osborne as a member
of the Fifth Planning District Commission for a term
ending June 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor- 6.
NAYS: None 0.
(Council Member Bowles was absent.)
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss a matter with regard to
acquisition and disposition of real property for public
purposes, and to discuss specific legal matters requiring
the provision of legal advice by counsel, being the terms
and conditions and related legal documents, all in
connection with The Hotel Roanoke Project, pursuant to
Sections 2.1-344 (A) (3) and 2.1-344 (A) (7), Code of
Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's
Office.)
113
ACTION:
Mr. Fitzpatrick moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss a matter with regard to acquisition
and disposition of real property for public purposes, and
to discuss specific legal matters requiring the provision
of legal advice by counsel, being the terms and
conditions of various agreements and related legal
documents, all in connection with The Hotel Roanoke
Project, pursuant to Sections 2.1-344 (A) (3) and 2.1-344
(A) (7), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY F~%NAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
TRAFFIC: The City Manager submitted a written
report advising that Salem Turnpike, N. W. is marked with
a pedestrian crosswalk between the Melrose Branch Library
and the Lansdowne Housing neighborhood; that the
crosswalk consists of two parallel lines with additional
crosshatched markings for added emphasis, as well as
signs to warn motorists of the pedestrian crossing; that
pedestrians, particularly the residents of Lansdowne
Housing Project, crpss Salem Turnpike for access to
Forest Park School, Melrose Branch Library, and the 4.2
acre field adjacent to the library; that plans are
underway through the Housing Authority to grade the field
within the next several months for use as a playground/
recreation area; that included in the plan is a "tot lot"
intended to serve at least 75 children between the ages
of three and five who are located at the day care center
on the opposite side of Salem Turnpike, N. W.; that it is
114
ACTION:
expected that these children will cross in groups, under
supervision, at least four to six times per day; that
Salem Turnpike carries approximately 10,000 vehicles per
day; and the roadway is 40 feet wide at said location,
with a 35 mile per hour speed limit.
It was explained that a communication under date of
July 10, 1991 from Council Member David A. Bowers on
behalf of the Board of Commissioners of the Roanoke
Redevelopment and Housing Authority (RRHA) requested
installation of a blinking walk/don't walk light or other
safety device for the pedestrian crossing area on Salem
Turnpike; and improvements currently planned for
implementation within the next three months include the
following:
restripe existing crosswalk;
reduce the enforceable speed limit from 35 mph
to 30 mph between 24th Street and 30th Street,
N. W.;
a one street light to an existing APCO pole 100
feet west of the crosswalk (an APCO pole
located 100 feet east of the crosswalk
presently has one streetlight); and
a representative from the Roanoke City Police
Department will meet with the staff of the day
care center to provide traffic safety
information to those responsible for assisting
the children across Salem Turnpike to utilize
the "tot lot" being planned by the Housing
Authority.
The City Manager recommended that Council authorize
installation of hazard beacons (flashing lights) on
advance poles supplemented with pedestrian signage and
advisory 25 mph speed limit signs.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that Council concur in the
recommendation of the City Manager. The motion was
seconded by Mr. Fitzpatrick and adopted.
BUDGET-GRANTS-HOUSING-TOTAL ACTION AGAINST POVERTY
IN THE ROANOKE VALLEY: The City Manager submitted a
written report advising that the Virginia General
Assembly has appropriated $43.75 million for the current
biennium for various housing programs, most to be
designed and administered by the Virginia Department of
Housing and Community Development; that the Emergency
115
Home Repair Program is one such program, providing qrant
funds to make immediate emergency repairs to rental
housing units occupied by low-income families/
individuals.
It was further advised that Council endorsed the
application for a $14,000.00 grant award from the
Department of Housing and Community Development on
April 1, 1991; that matching funds, in the amount of
$25,000.00, have been set aside in the City Community
Development Block Grant (CDBG) funded Limited Critical
Repair Program; and also, owners of rental property
receiving repairs will contribute toward the cost of
those repairs.
It was explained that the Department of Housing and
Community Development has notified the City that its
grant application has been approved, in the amount of
$16,350.00; that execution of the Grant Agreement with
the Department of Housing and Community Development to
receive said funds, as well as execution of a general
contract with Total Action Against Poverty in the Roanoke
Valley (TAP) is necessary in order to continue the
program; and according to terms of the general contract,
TAP will be responsible for the following:
assess tenant's income eligibility for the
Program;
perform the repair work necessary to avoid
condemnation of the unit;
perform weatherization repairs to the unit
where appropriate, from TAP's Weatherization
Program; and
receive a $300.00 administrative fee for each
repair grant, which fee will come from total
allocation of funds to the Program, and
additional administrative funds are not
required.
It was pointed out that each repair grant requires
execution of a contract .between TAP as the repair
contractor, and -the property owner authorizing the
repairs, agreeing not to increase the tenant's rent, and
providing matching funds.
The City Manager recommended that he be authorized
to execute a grant agreement with the Department of
Housing and Community Development to receive $16,350.00
awarded to the City for the Emergency Home Repair
Program; that he be further authorized to execute an
agreement with Total Action Against Poverty for
116
ACTION:
cooperative administration of the Emergency Home Repair
Program, with both agreements to be approved as to form
by the City Attorney; and further authorize appropriation
in the amount of $16,350.00, in State grant funds to
accounts to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
Ordinance:
(#30693-90991) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 95.)
Mr. Musser moved the adoption of Ordinance No.
30693-90991. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser and Mayor Taylor--- 5.
NAYS: None- 0.
ACTION:
(Council Member Bowles was absent.) (Council Member White
abstained from voting.)
Mr. Musser offered the following Resolution:
(#30694-90991) A RESOLUTION authorizing the City
Manager or his designee to execute a Grant Agreement with
the Virginia Department of Housing and Community
Development in connection with a grant of funds under the
Emezfency Home Repair Program; authorizing the City
Manu§~r or his designee to execute an agreement with
Total Action Against Poverty in the Roanoke Valley, Inc.,
for the cooperative administration of the Emergency Home
Repair Program, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 96.)
Mr. Musser moved the adoption of Resolution No.
30694-90991. The motion was seconded by Mr. Bowers and
adopted by the following vote:
117
m
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser and Mayor Taylor--- 5.
NAYS: None 0.
(Council Member Bowles was absent.) (Council Member White
abstained from voting.)
BUDGET-HUMANRESOURCES: The City Manager submitted
a written report advising that the City Manager's Drug
Strategy Task Force recommended in its report, "Roanoke
At Risk", that a permanent on-going committee be
established to provide the central clearinghouse for
information, program development, and coalition building
among organizations toward setting a community-wide norm
that drug and alcohol abuse is not acceptable; that the
Task Force recommended that staff be assigned to
coordinate substance abuse prevention and treatment
activities and provide technical assistance; that the
City Manager appointed 33 individuals from education,
business, government, neighborhood and civic
organizations, law enforcement, the judiciary, and human
services and established the Roanoke Drug and Alcohol
Abuse Council in May 1990; that Council authorized
funding for the Program as a part of the 1990-91
Community Development Block Grant (CDBG), and 1991-92
CDBG application on May 13, 1991, pursuant to Resolution
No. 30508-51391; and the City received HUD approval of
the CDBG application, pursuant to communication under
date of June 19, 1991.
It was explained that the City invited applications
or proposals from individuals or organizations to assure
that all interested parties had an opportunity to submit
proposals for consulting services to the Roanoke Drug and
Alcohol Abuse Council; that a review panel was
established to carefully examine the proposals, interview
potential candidates, and make appropriate
recommendations; that Pam Berg Associates and Roanoke
Valley Trouble Center, Inc. (TRUST) submitted proposals
to provide consulting services; and an interview panel
recommended that the City contract with Roanoke Valley
Trouble Center, Inc. (TRUST) for an initial six-month
period to provide coordination and technical assistance
to the Roanoke Drug and Alcohol Abuse Council, and for a
consulting fee of $12,000.00.
The City Manager recommended that Council concur in
the abovestated recommendation of interview panel which
would authorize him to execute the sub-grantee agreement
with Roanoke Valley Trouble Center, Inc. (TRUST); and
118
ACTION:
ACTION:
further authorize the transfer of $12,000.00 from
Temporary Employee Wages, Account No. 035-090-9039-1004,
to Fees For Professional Services, Account No. 035-090-
9039-2010.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30695-90991) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 97.)
Mr. Harvey moved the adoption of Ordinance No.
30695-90991. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
Mr. Harvey offered the following Resolution:
(#30696-90991) A RESOLUTION authorizing the City
Manager to enter into a contract with the Roanoke Valley
Trouble Center, Inc. ("TRUST") to provide coordination
and technical assistance to the Roanoke Drug and Alcohol
Abuse Council, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 98.)
Mr. Harvey moved the adoption of Resolution No.
30696-90991. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
BUDGET-HUMAN RESOURCES-CITY EMPLOYEES: The City
Manager submitted a written report advising that during
the 1991 Session of the General Assembly, funds were
119
appropriated for additional staff positions for local
agencies of Social Services because of growth in
caseloads; that the State Department of Social Services
allocated additional funding to the City of Roanoke for
six new positions for budget year 1991-92; that the
Social Services Department did not have knowledge of the
City's share of funds until after adoption of the City's
fiscal year 1991-92 budget; that new State funds cannot
be used to supplant already vacant positions; and new
positions will be utilized in the following programs:
two Medicaid Eligibility Workers
one Child Protective Services Worker
three Employment Services Workers
It was further advised that the cost of new
positions for nine months in fiscal year 1991-92 is as
follows:
Total cost of two Eligibility positions and one
Service position will be $52,216.00 which will
be 80 per cent reimbursed by the State, in the
amount $41,773.00, and 20 per cent local cost,
in the amount of $10,443.00; and the total cost
of three Employment Service Workers will be
$58,746.00 which is 100 per cent reimbursed by
the State.
The City Manager recommended that Council concur in
the establishment of six additional positions, and
authorize the following actions:
Increase revenue and expenditure estimates of $100,519.00
of funds received from the State Department of Social
Services and corresponding increases in Social Services
Expenditure Accounts, as follows:
Revenue Accounts
001-020-1234-0676
001-020-1234-0681
001-020-1234-0685
P. A. Administration
Employment Services
Direct Services
$ 26,107.00
58,746.00
15w666.00
$100,519.00
Expenditure Accounts-
Account
001-054-5313
Income
Maintenance
001-054-5314 001-054-5316
Employment
Services Services
Salaries 1002 $19,542.00 $11,931.00 $44,742.00
Retirement 1105 2,422.00 1,478.00 5,543.00
F.I.C.A. 1120 1,494.00 913.00 3,423.00
120
ACTION:
Hospital
Ins. 1125 2,323.00 1,162.00 4,356.00
Dental
Ins. 1126 154.00 77.00 288.00
Life Ins. 1130 142.00 87.00 326.00
$26,077.00
$15,648.00
$58,678.00
Transfer $10,443.00 from the General Fund Contingency,
Account No. 001-002-9410-2199, to the Department of
Social Services as follows:
Account
001-054-5313
Income
Maintenance
001-054-5314
Services
Salaries 1002 $4,886.00 $2,983.00
Retirement 1105 605.00 370.00
F.I.C.A. 1120 374.00 228.00
Hospital
Ins. 1125 581.00 290.00
Dental
Ins. 1126 38.00 19.00
Life Ins. 1130 36.00 22.00
$6,520.00
$3,912.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30697-90991) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 99.)
Mr. White moved the adoption of Ordinance No. 30697-
90991. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Bowles was absent.)
BUDGET-WATER DEP~RTMENT: The City Manager submitted
a written report advising that the Water System Capital
Improvement Program was approved by Council on June 24,
1991 to provide for expansion of and renovation to the
121
ACTION:
Carvins Cove Treatment Plant, distribution systems and
other associated work, with the work being divided into
two design phases.
It was explained that engineering services
qualification proposals for the necessary design were
publicly advertised and received; that selection of firms
for consideration was based on certain criteria; that
interviews were held with all firms which were deemed
qualified; and Dewberry & Davis was selected as the most
qualified firm due to their experience in designing water
transmission mains and storage facilities.
The City Manager recommended that he be authorized
to execute a professional services contract with
Dewberry & Davis, in a form approved by the City
Attorney, in the amount of $1,072,816.00; that Council
establish an allowance of $40,000.00 for mapping, and a
contingency amount of $30,000.00, with a design schedule
of 270 days for completion of the work; and that
$1,142,816.00 of anticipated bond proceeds be
appropriated to an account to be established by the
Director of Finance for Carvins Cove Improvements,
Phase II.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30698-90991) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 100.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30698-90991. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....................... 6.
NAYS: None' 0.
(Council Member Bowles was absent.)
Mr. Fitzpatrick offered the following Resolution:
122
ACTION:
(#30699-90991) A RESOLUTION authorizing the
execution of a contract with Dewberry & Davis to provide
engineering services for Phase II of the Carvins Cove
Improvements, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 101.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30699-90991. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor- 6.
NAYS: None -0.
(Council Member Bowles was absent.)
BUDGET-COMMONWEALTH'S ATTORNEY: The City Manager
submitted a written report advising that Congress amended
21 USC. Section 881 el-4, October, 1986, which authorized
the transfer of certain federally forfeited property to
state and local law enforcement agencies that
participated in the investigation and seizure of the
property; and application for an equitable share of
property seized by local law enforcement must be made to
the U. S. Department of Justice and certified by the City
Attorney as to the appropriate agency and representative
to receive the property and transfer is not prohibited by
state and local law.
It was further advised that property, including
funds shared with state and local agencies, may be used
only for the purpose stated in the application, i.e.,
narcotics investigations related to law enforcement; that
the agency requesting the transfer of property must agree
to pay fees and expenses necessary to effect the
transfer; and Council, at its regular meeting on
January 4, 1988, authorized the Director of Finance to
establish grant fund accounts from which funds may be
dispersed in accordance with provisions of the program.
It was explained that the Police Department receives
additional funds periodically from the federal
government's asset sharing program; that action by
Council is needed to accept additional funds to be
dispersed in accordance with provisions of the program;
that revenues collected from January 4, 1988 to August 4,
1991, for said grant total $474,411.51, which funds have
been deposited in Grant Account No. 035-035-1234-7060 and
No. 035-035-1234-7084; that current revenue estimate is
$306,564.00; and funding received in excess of the
revenue estimate needs to be appropriated at this time.
123
ACTION:
The City Manager recommended that Council accept
assets from the Federal Forfeited Property Sharing
Program, and appropriate $167,847.51 to Investigation and
Awards, Account No. 035-050-3300-2150, and increase the
Revenue Estimate Account No. 035-035-1234-7060, for said
grant by $167,847.51.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30700-90991) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 102.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30700-90991. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor 6.
NAYS: None --- 0.
(Council Member Bowles was absent.)
CITY ATTORNEY:
GRANTS: The City Attorney submitted a written
report advising that Recommendation No. 6 of the Mayor's
State of the City Address presented at the regular
meeting of Council on Monday, August 12, 1991, encouraged
the City to voice strong support for continuation of the
Community Development Block Grant Program; whereupon, he
transmitted a measure addressing the Mayor's
recommendation.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30701-90991) A RESOLUTION supporting
continuation of the Community Development Block Grant
(CDBG) Program with appropriate increases in funding.
(For full text of Resolution, see Resolution Book No. 53,
page 103.)
124
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No.
30701-90991. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor--- 6.
NAYS: None 0.
(Council Member Bowl~s was absent.)
REPORTS OF COI~ITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PARKS AND PLAYGROUNDS-SCHOOLS-RECREATION DEPARTMENT:
Ordinance No. 30677-90991 authorizing the Northwest
Recreation Club to construct a permanent restroom,
concession and storage structure at Westside Elementary
School ballfield, upon certain terms and conditions,
having previously been before the Council for its first
reading on Monday, September 9, 1991, read and adopted on
its first reading and laid over, was again before the
body, Mr. Bowers offering the following for its second
reading and final adoption:
(#30677-90991) AN ORDINANCE authorizing the
Northwest Recreation Club to construct a permanent
structure at Westside Elementary School ballfield, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 93.)
Mr. Bowers moved the adoption of Ordinance No.
30677-90991. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .......... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
VIRGINIA TECH-PARKING GARAGE-CITY PROPERTY:
Ordinance No. 30681-90991 authorizing the appropriate
City officials to enter into a written amendment to the
Lease Agreement dated August 1, 1989, with Virginia
Polytechnic Institute and State University, for premises
located at 111 - 117 Church Avenue, S. W., providing for
Mr. Fitzpatrick moved the adoption of Resolution No.
)701-90991. The motion was seconded by Mr. Harvey and
~opted by the following vote:
· AYES: Council Member Bowers, Fitzpatrick, Harvey,
~sser, White and Mayor Taylor ..... 6.
NAYS: None 0.
~ouncil Member Bowles was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
:SOLUTIONS:
PARKS ANDPLAYGROUNDS-SCHOOLS-RECREATION DEPARTMENT:
~inance No. 30677-90991 authorizing the Northwest
~reation Club to construct a permanent restroom,
.ncession and storage structure at Westside Elementary
:hool ballfield, upon certain terms and conditions,
i~ing previously been before the Council for its first
~ding on Monday, September 9, 1991, read and adopted on
first reading and laid over, was again before the
dy, Mr. Bowers offering the following for its second
~ding and final adoption:
(#30677-90991) AN ORDINANCE authorizing the
~thwest Recreation Club to construct a permanent
ructure at Westside Elementary School ballfield, upon
=rain terms and conditions.
br full text of Ordinance, see Ordinance Book No. 53,
ge 93.)
Mr. Bowers moved the adoption of Ordinance No.
677-90991. The motion was seconded by Mr. Fitzpatrick
d adopted by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
sser, White and Mayor Taylor ...... 6.
NAYS: None -0.
ouncil Member Bowles was absent.)
VIRGINIA TECM-PARKING GARAGE-CITY PROPERTY:
dinance No. 30681-90991 authorizing the appropriate
ty officials to enter into a written amendment to the
ase Agreement dated August 1, 1989, with Virginia
lytechnic Institute and State University, for premises
cated at 111 - 117 Church Avenue, S. W., providing for
125
ACTION:
an extension of the term of the lease for a period of two
years, terminating on July 31, 1994 and providing for use
by YPI & SU of the adjacent CITY School property, upon
certain terms and conditions, having previously been
before the Council for its first reading on Monday,
August 26, 1991, read and adopted on its first reading
and laid over, was again before the body, Mr. White
offering the following for its second reading and final
adoption:
(#30681-90991) AN ORDINANCE authorizing the
appropriate City officials to enter into a written
amendment to the Lease Agreement dated August 1, 1989
with Virginia Polytechnic Institute and State University,
for premises located at 111 - 117 Church Avenue, S. W.,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 94.)
Mr. White moved the adoption of Ordinance No. 30681-
90991. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....................... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
COUNCIL-VIRGINIA MUNICIPAL LEAGUE: Mr. Musser
offered the following Resolution cancelling the meeting
of the Council of the City of Roanoke scheduled for
Monday, October 7, 1991, at 2:00 p.m., inasmuch as the
City of Roanoke will host the Virginia Municipal League
Conference and a majority of the members of Council will
be in attendance:
ACTION:
(#30702-90991) A RESOLUTION cancelling the meeting
of the Council of the City of Roanoke scheduled for
Monday, October 7, 1~91, at 2:00 p.m.
(For full text of Resolution, see Resolution Book No. 53,
page 104.)
Mr. Musser moved the adoption of Resolution No.
30702-90991. The motion was seconded by Mr. Harvey and
adopted by the following vote:
126
ACTION:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ............ 6.
NAYS: None 0.
(Council Member Bowles was absent.)
COUNCIL-VIRGINIA MUNICIPAL LEAGUE: Mr. Harvey
offered the following Resolution designating Mayor
Noel C. Taylor and Vice-Mayor Howard E. Musser, as Voting
Delegate and Alternate Voting Delegate, respectively, for
the Annual Business Session of the Virginia Municipal
League and designating W. Robert Herbert, City Manager,
as Staff Assistant for any meetings of the Urban Section
of the League:
(#30703-90991) .A RESOLUTION designating a Voting
Delegate and Alternate Voting Delegate for the Annual
Business Session of the Virginia Municipal League and
designating a Staff Assistant for any meetings of the
Urban Section of the League.
(For full text of Resolution, see Resolution Book No. 53,
page 105.)
Mr. Harvey moved the adoption of Resolution No.
30703-90991. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL.
ARMORY/STADIUM: Mr. Harvey requested that the City
Manager investigate the feasibility of relocating the
loud speakers at Victory Stadium, along with associated
costs, and report to Council accordingly.
OTHER HEARINGS OF CITIZENS: NONE.
At 7:50 p.m., the Mayor declared the meeting in
recess.
127
ACTION:
ACTION:
At 8:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Member Bowles.
COUNCIL: With respect to the Executive Session just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Member Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
LIBRARIES (ROANOKE PUBLIC LIBRARY BOARD): The Mayor
advised that there is a vacancy on the Roanoke Public
Library Board, created by the resignation of Mr. Evans B.
Jessee, for term ending June 30, 1993, and called for
nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Ms.
Caroline M. Brown.
There being no further nominations, Ms. Brown was
elected as a member of the Roanoke Public Library Board,
for a term ending June 30, 1993, by the following vote:
FOR MS. BROWN: Council Members Bowers, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ...... 6.
(Council Member Bowles was absent.)
SCHOOLS (VIRGINIA WESTERN COMMUNITY COLLEGE BOARD):
The Mayor advised that there is vacancy on the Virginia
Western Community College Board, created by the
ineligibility of Mr. Lawrence H. Hamlar to serve another
term according to By-Laws of the Board of Directors of
Virginia Western Community College; whereupon, he called
for nominations to fill the vacancy.
Mr. Musser placed in nomination the name of Mr.
William R. Reid.
128
There being no further business, Mr. Reid was
elected as a member of the Virginia Western Community
College Board, for a term ending June 30, 1995, by the
following vote:
ACTION:
FOR MR. REID: Council Members Bowers, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ...... 6.
(Council Member Bowles was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 9:00 p.m.
APPROVED
City Clerk
129
SPECIAL MEETING ......
ROANOKE CITY COUNCIL
September 12, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council's Conference Room, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Thursday,
September 12, 1991, at 2:00 p.m., pursuant to Section 10, Meetings
of Council of the Roanoke City Charter; and pursuant to
communication from the Mayor under date of September 10, 1991, with
Mayor Noel C. Taylor Presiding.
PRESENT: Council Members David A. Bowers, Beverly T.
Fitzpatrick, Jr. (arrived during the Executive Session at 2:40
p.m.), James G. Harvey, II, Howard E. Musser, William White, Sr.,
and Mayor Noel C. Taylor .............. 6.
ABSENT: Council Member Elizabeth T. Bowles
'-1,
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City
Manager; Wilburn C. Dibling, Jr., City Attorney; and Mary F.
Parker, City Clerk.
OTHERS PRESENT: School Board Members Marilyn C. Curtis, M.
Wendy O'Neil, James M. Turner, Jr., Thomas L. Orr, Charles W. Day,
Sallye T. Coleman, Chairman Finn D. Pincus; Frank P. Tota,
Superintendent of Schools; Richard L. Kelley, Executive for
Business Affairs and Clerk of the School Board; June S. Nolley,
Secretary to the Superintendent of Schools; and William X. Parsons,
Assistant City Attorney.
The meeting was opened prayer by Mayor Taylor.
The Mayor referred to the following communication calling
the special meeting of Council:
"September 10, 1991
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the
Charter of the City of Roanoke, I am calling a Special
Meeting of the Roanoke City Council to be held at 2:00
p.m., on Thursday, September 12, 1991. The School Board
will join us for this meeting which will be held in the
City Council's Conference Room.
130
The purpose of the meeting will be to convene tn
Executive Sesslon with the School Board to discuss and
consider a matter of probable litigation, specifically a
matter Involving funding requirements, pursuant to
Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended. The City Council and the School Board may
publicly act upon resolutions to be prepared by the City
Attorney after the conclusion of the Executive Session.
Sincerely yours,
S/Noel C. Taylor
Noel C. Taylor
Mayor"
ACTION:
ACTION:
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Bowers moved that Council convene in Executive
Session to discuss and consider a matter of probable
litigatiun, specifically a matter involving funding
requirements, pursuant to Section 2.1-344 (A)(7), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. White and adopted by the following vote:
AYES: Council Members, Bowers, Harvey, Musser,
White, and Mayor Taylor ...... 5.
NAYS: None 0.
(Council Member Bowles was absent.)
(Council Member Fitzpatrick had not entered the meeting.)
At 2:15 p.m., the Mayor declared the meeting in
recess.
At 2:40 p.m., during the Executive Session, Mr.
Fitzpatrick entered the meeting.
At 4:00 p.m., the meeting reconvened in the City
Council's Conference Room, with mayor Taylor presiding,
and all Members of the Council in attendance, with the
exception of Council Member Bowles.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of hts 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
131
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ................ 6.
NAYS: None--- 0.
(Council Member Bowles was absent.)
There being no further business, the Mayor declared
the special meeting adjourned at 4:05 p.m.
APPROVED
ATTE ST:
City Clerk
132
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
September 23, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
September 23, 1991, at 2:00 p.m., the regular meeting hour, with
Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Howard E. Musser, William
White, Sr., and Mayor Noel C. Taylor ................... 6.
ABSENT: Council Member David A. Bowers
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City
Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger,
Director of Finance; and Sandra H. Eakin, Deputy City Clerk.
The meeting was opened with a prayer by The Reverend
Charles S. Hoffler, Pastor, Waverly Place Baptist Church.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
ACTION:
BID OPENINGS
SCHOOLS: Pursuant to notice of advertisement for
bids for renovation, restoration and lease of the
Jefferson High School Building as a mixed-use community
center facility, said bids to be received by the. City
Clerk until 1:30 p.m., on Monday, September 23, 1991, and
to be held, opened and read before the Council at 2:00
p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions
about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the
Deputy City Clerk to proceed with the opening of the
bids; whereupon, the Deputy City Clerk opened and read
the sole bid of Jefferson Center Foundation, Ltd., in the.
amount of $1,600,000.00, with an annual rental fee in the
amount of $10.00 per. year for forty years.
Mr. Harvey moved that the bid be referred to a
committee to be appointed by the Mayor for study, report
and recommendation to Council. The motion was seconded by
Mr. Musser and adopted.
133
ACTION:
The Mayor appointed Messrs. William White, Sr.,
Chairman, William F. Clark and Brian J. Wishneff as
members of the committee.
SEWERS AND STORM DRAINS: Pursuant to notice of
advertisement for bids for alterations to Nos. 4, 5 and
6 Nitrification Basins at the Water Pollution Control
Plant, said bids to be received by the City Clerk until
1:30 p.m., on Monday, September 23, 1991, and to be held,
opened and read before the Council at 2:00 p.m., on that
date, or as soon thereafter as the matter may be heard,
the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present
raising any question, the Mayor instructed the Deputy
City Clerk to proceed with the opening of the bids;
whereupon, the Deputy City Clerk opened and read the
following bids:
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
Acorn Construction, Ltd.
S. C. Rossi & COmpany, Inc.
Montvale Construction, Inc.
Breakell, Inc.
Mechanical & Plumbing, Inc.
$ 99,250.00
102,661.50
104,452.00
104,900.00
122,647.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairman, Kit B. Klser and William F. Clark as members of
the committee.
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.
134
ACTION
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A) (1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .... 6.
NAYS: None. 0.
(Council Member Bowers was absent.)
PERSONNEL (PERSONNEL AND EMPLOYMENT PRACTICES
COMMISSION): A communication from Mr. R. P. Shelor
tendering his resignation as a member of the Personnel
and Employment Practices Commission was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be
received and filed and that the resignation be accepted
with regret. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor--- 6.
NAYS: None. 0.
(Council Member Bowers was absent.)
YOUTH (YOUTH SERVICES CITIZEN BOARD): A report of
qualification of Ms. Marjorie S. Smithey, Ms. Elsie A.
Anderson and Mrs. Kathezine M. McCain as mel~bers of the
Youth Services Citizen Board for terms ending May 31,
1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
135
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopfed by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .......... 6.
NAYS: None. 0.
(Council Member Bowers was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE:
A report of qualification of Mr. James G. Pappas, Jr., as
a member of the Roanoke Neighborhood Partnership Steering
Committee to fill the unexpired term of Mr. Eric Spencer,
ending November 14, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
ARTS (ROANOKE .ARTS COmmISSION): A report of
qualification of Mr. Timothy L. Jamieson as a member of
the Roanoke Arts Commission for a term of three years
ending June 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ......................... 6.
NAYS: None. 0.
(Council Member Bowers was absent.)
136
ACTION:
HOUSING (ROANOKE REDEVELOPMENT AND HOUSING
AUTHORITY): A report of qualification of Ms. JoAnne
Justis as a Commissioner of the Roanoke Redevelopment and
Housing Authority for a term of four years ending
August 31, 1995, was before Council.
(see Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ...... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
DOWNTOWN ROANOKE - CELEBRATIONS: Mr. Franklin D.
Kimbrough, III, Executive Director, Downtown Roanoke,
Inc., appeared before Council and advised that Downtown
Roanoke, Inc., was involved in 1988 in changing the
seasonal decorations in the Central Business District to
the Star Logo, that Downtown Roanoke, Inc. adds about two
dozen additional units per year and is responsible for
the installation, replacement and electricity for those
units. He stated that this could not have been
accomplished without the assistance and encouragement of
the City of Roanoke early on when the campaign was
started in early 1988. He stated that Downtown Roanoke,
Inc. has studied other communities and looked at ways to
enhance the community's ability to capture the dollars
that are spent at that time of the year, and that many
communities do this to enhance the visibility and image
of their community. He mentioned the fact that it
attracts people from 40 to 50 miles away who drive into
the City to look at the lights and that these people
spend a significant amount of money on entertainment,
restaurants, shopping and sometimes lodging. He stated
that Downtown Roanoke's Seasonal Decorations Committee
has been working on this project for well over a year and
they expect a minimum of 3 downtown buildings to be
illuminated with the perimeter outlining this holiday
season, similar to Norfolk, Virginia and several cities
in Texas, and it is expected that an additional dozen or
more private sector buildings will participate next year.
137
ACTION:
Mr. Kimbrough stated that Downtown Roanoke, Inc.
recognizes that this is a tight budget year and it is not
appropriate to ask the City to spend funds for outlining
City-owned buildings this year, however, the organization
would like for the City to consider doing this in 1992.
Mr. Kimbrough introduced Mr. George Mosco with Carpenter
Decorating Company of Hickory and Raleigh, North
Carolina, which company is responsible for designing,
installing and maintaining the perimeter lighting for all
of the buildings in downtown Norfolk. Mr. Mosco
presented a photograph of the Norfolk skyline lighted at
night. He explained how the City of Norfolk originally
instituted its program of outlining the downtown
buildings, and demonstrated the type of lights that are
used.
Mr. Harvey inquired as to whether the individual
building owners have been receptive to this as far as
being willing to pay for it; whereupon, Mr. Mosco stated
that a couple of building owners have expressed interest
for 1991, and that there has been enough interest from
the private sector to warrant following up on this.
Mr. Fitzpatrick moved that the matter be referred to
the 1992-93 budget study and that the City Manager
evaluate not only the cost of the product but whether or
not the City forces would be used if the City decides to
do this. The motion was seconded by Mr. Harvey and
adopted.
ZONING: Mr. D. Kent Chrisman, 632 Walnut Avenue,
S. W., representing Old Southwest, Inc., appeared before
Council and stated that he has been asked to relay Old
Southwest's position regarding their community to
Council. He stated that Council has ripped out the
hearts of those who have worked so long to improve Old
Southwest, referring to Council's July 8, 1991, decision
to allow St. Mark's Lutheran Church to demolish the old
Henson Mansion. He stated that it is clear that Council
does not understand the intent nor the provisions and
details of the H-2 Historic Zoning Ordinance, nor why it
was important to the neighborhood as a whole and the City
as a whole. He stated that the Henson Mansion, or the
old Free Clinic building is an 86 year old architectural
bulwark considered a contributing structure of Roanoke's
Old Southwest National Register Historic District and
that it is soon to be demolished. He stated that Council
needs to be aware of the shock and bitterness with which
the St. Mark's decision continues to be received, not
only in Old Southwest but in the City and Valley at
large.
138
ACTION:
Mr. Chrtsman advised that all owners in Old
Southwest have benefited from the H-2 Zoning, but there
continues to be a lack of understanding by some,
including the City Council, of why and how H-2 is
applied. He stated that Old Southwest, Inc., requests
that the City grant the following:
That the City study Old Southwest
and compare it to other areas where
no such code exists;
That the City institute a building
exterior maintenance law;
That futuFe appointments to the
Architectural Review Board not only
be well educated in architectural
history, but have a genuine
understanding of why rehabilitating
our older buildings and
neighborhoods preserves not only our
housing stock but our quality of
life as well.
That the City send a mailing to each
owner in the Old Southwest Historic
District, a copy of the Historic
Zoning Code as it exists now, as
well as proposed changes; and also
include an explanation of why the
Code was enacted, an overview of the
positive results to date, and an
explanation of the Architectural
Review Board process.
That the City Council reverse its
decision of July 8, 1991, on the St.
Mark's demolition issue.
Mr. Harvey moved that the remarks of Mr. Chrisman be
received and filed. The motion was seconded by Mrs.
Bowles and adopted.
PETITIONS AND COMMUNICATIONS:
ARCHITECTURAL REVIEW BOARD-CHURCHES: Mayor Taylor
referred to a communication from Council Member David A.
Bowers with regard to a report from the City Manager
relating to the status of approval of Community
Development Block Grant funding for the renovation of Old
First Arts Center on North Jefferson Street.
139
Mr. Harvey stated that this matter is addressed in
item 5a15 on the agenda, and suggested that Mr. Bowers'
communication be continued until consideration of that
item later on the agenda.
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting that Council appropriate
funds to the following school accounts, was before the
body:
Grant No. 6133
$3,164,245.00 for the Chapter I
Winter Program to provide
remedial reading, language
arts, and mathematics
instruction for students in
targeted schools. The Program
is 100 per cent reimbursed by
federal funds.
Grant No. 6213
$165,893.00 for the 1991-92
Chapter II Program to provide
funds for the improvement of
instructional services in the
school district. The Program
will be reimbursed by federal
funds in the amount of
$133,807.00, with local match
in the amount of $32,086.00.
Grant No. 6428
$10,000.00 for the Vocational
Education Teen Mothers Program
to provide child care and
transportation for students
enrolled in the Teen Parent's
Employability Development
Class. The Program is 100 per
cent reimbursed by federal
funds.
Grant No. 6429
$510.00 for the Title II-A
Licensed Practical Nursing
Program to provide tuition for
selected students to attend the
Licensed Practical Nursing
courses offered by Roanoke City
Schools. The program will be
100 per cent reimbursed by
federal funds.
Grant No. 6430
$311,067.00 for the Alternative
Education Program to provide
instruction and guidance
services to secondary level
students who are at risk of
140
Grant No. 6750 -
Grant No. 6815 -
Grant No, 6981 -
Grant No. 6982 -
leaving school due to poor
academic achievement, low or
unrealistic self-concept, or a
poor understanding of academic
preparation required to achieve
their career interests. The
Program will be reimbursed by
federal funds in the amount of
$100,500.00, with local match
in the amount of $210,567.00.
$276,379.00 for the 1991-92
Perkins Act Program to provide
funds for vocational
instructors and equipment. The
Program will be reimbursed 100
per cent by federal funds.
$25,850.00 for the Artist in
Education Program to provide
funds for the enhancement of
the district's arts program by
bringing experts into the
schools for student workshops.
The Program is reimbursed by
federal funds in the amount of
$11,600.00, with local match in
the amount of $14,250.00.
$73,876.00 for the 1991-92
Student Assistance Program to
provide for the expansion and
improvement of direct student
assistance services, primarily
to prevent and reduce alcohol
and drug abuse among secondary
students. The program is 100
per cent reimbursed by federal
funds.
$7,799.00 for the Mentor-
Teacher Program to provide for
the implementation of mentor
services to aid new teachers.
The program will be reimbursed
100 per cent by Federal funds.
141
Il
m
ACTION:
Grant No. 6983 - $155,109.00 for the Drug Free
Schools Program for 1991-92 to
provide counselors, training
workshops, and materials for
the operation of a community-
wide alcohol and drug
prevention program. The
Program will be reimbursed 100
per cent by federal funds.
The School Board further requested that Council
appropriate funds, in the amount of $268,958.00,
representing the first request for proceeds from the 1992
Capital Maintenance and Equipment Replacement Fund, which
will provide for the purchase of textbooks, school bus
replacement, and removal of fuel oil storage tanks.
(For full text, see communication on file in the City
Clerk's Office.)
A report of the Director of Finance advising that he
has reviewed the request of the School Board and
recommending that Council concur in said request, was
also before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(%30704-92391) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 106.)
Mrs. Bowles moved the adoption of Ordinance No.
30704-92391. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor-- 6.
NAYS: None' 0.
(Council Member Bowers was absent.)
REPORTS OF OFFICERS:
CITY F~%NAGER:
142
BRIEFINGS:
WATER DEPARTMENT-SEWERS AND STORM DRAINS: The City
Manager submitted a' written report advising that the
water quality of our national waters became a national
concern after the "Great Depression"; that at that time,
the primary source of water pollution was raw sewage
discharges; that our nation's initial effort to clean our
waters was to develop and implement regulations for
wastewater treatment and septic systems, which are
considered "point discharges"; that the rapid growth
following World War II and the Korean Conflict lead to
substantial deterioration of the nation's "waters" from
sediment loading and shoreline degradation; that the
rapid increase in runoff volumes and the lack of erosion
control practices were the root "non-point" contributors
to this problem; that most states, including Virginia in
1979, enacted stormwater and erosion c~troi regulations
during the late 1970's to address the non-point problem.
It was further advised that the Greater Washington
Metro Area Water Quality Study during the 1970's
identified the next major point source polluter of our
waters -- municipal storm sewer systems; that the
Environmental Protection Agency (EPA) with the Department
of Agriculture (DOA) developed a voluntary program
consisting of "Best Management Practices" (BMP's); that
as with most voluntary programs, BMP's were a failure as
demonstrated by the continuing deterioration of our
streams and lakes; that the initial stormwater quality
regulations placed sole responsibility for pollutants
within storm sewer systems upon the owning municipality,
with complaints from kities and counties resulting in the
establishment of two (2) levels of Stormwater Discharge
Permits (SDP) in the final regulations published in
November 1990 -- Individual Industrial Permits and
Municipal Permits ~- and under the regulations, cities
and counties are no longer responsible for private
industrial discharges into the municipal system.
It was further advised that Individual Industrial
Permits are required for all activities that fall within
certain EPA Standard Industrial Classifications (SIC);
and for the City of Roanoke, the following facilities are
affected:
1. Landfills (existing and closed) where stormwater
is concentrated and can come in contact with
refuse.
2. Wastewater Treatment Plant
143
3. Public Works Centers
4. Vehicle Maintenance Facilities,
and that Individual Industrial Permits are also required
of individual industrial uses to determine if these
facilities are contributing to the pollution of the
United States Waters; that, typically, the permits
require background information on the facility and
baseline stormwater sampling to determine the present
pollution loading from the site; that based on the
sampling results, the facility may be required to take
remedial actions to reduce particular pollutants to a
specific level and, in addition, the owner will be
required to continue monitoring the stormwater quality at
the outfall to insure that the pollution loading is
within acceptable levels. It was advised that individual
permits may be submitted in the following formats:
1. General: General Permits are simple permits
with pre-approved conditions that are usually "worst
case" defined; that over a five (5) year permit, this
could be most expensive; that, in addition, the State
Water Control Board has not developed the General Permit
Requirements for any of our SIC usages, and consequently,
we cannot use this option at the present time.
2. Group: Group Permits are simple permits
submitted by many similar users; that cost savings are
realized by the reduced number of sampled required, and
like the General Permit, the conditions of the permit can
be based on "worst case" sites that may be worse than
your facility, and over the five (5) year permit, this
permit could be as expensive as a General Permit since
the remediation program and continuing monitoring may be
based on someone else's operation.
3. Indivtdual~ Individual Permits require more
effort initially in providing stormwater sampling for
each site; however, these samples could result in less
stringent remediation and monitoring requirements
following individual negotiations; and Individual Permits
have a strong potential of resulting in less cost over
the five (5) year permit. It was further advised that
the staff has advertised for, interviewed, and negotiated
with consultants for Individual Permits, which permits
are due by May 18, 1992.
It was also advised that Municipal Permits are
divided into three (3) categories with differing
deadlines: Large - population exceeds 250,000, must
submit Part I of a two (2) part permit by November 16,
1991; Medium - population between 100,000 and 250,000,
must submit Part I by May 18, 1992; Small - population
144
less than 100,000, are not presently required to submit
a permit; that the City of Roanoke has been listed on the
Federal Register as a medium municipality by the EPA;
that the staff submitted a waiver request in May 1991 to
be reclassified as a small municipality based on the 1990
Census; however, the City has appealed the 1990 Census
figures, seeking an increase in the final count, and on
this basis, the EPA through the SWCB, is unwilling to
reclassify the City to a small municipality; and recent
conversations with the Census Bureau indicate that the
City will receive a final adjusted census count in the
next several weeks.
It was explained that the cost estimates for our
permits are as follows:
Task
Aerial Photography
Ground Control
Individual Maps
City Wide Maps
Part I (Municipal)
Part II (Municipal)
Part A & B (Ind.)
Individual
$10,000
$75,000
Municipal
Mapping
(*)$10,000
$85,000
$225,000
$150,000 (5/92)
$200,000 (5/93)
Total $85,000 $575,000 $95,000
Grant Total:
* Previously Funded
$755,000
In conclusion, it was advised that funding is
presently available for Individual Industrial Permits and
Mapping Contracts in a capital account - NPDES Industrial
Permit Application (008-052-9673) in the amount of
$181,087; that final census counts will be used to
determine the need for completing the Municipal Permit in
the next several weeks, and if a permit is required,
staff will identify a funding source, advertise,
interview potential consultants, and report to Council,
and in addition, funding and staffing alternatives to
accommodate this new Federal requirement are currently
being reviewed by City staff, and any specific
recommendations will be presented to Council at a later
date.
Mr. William F. Clark, Director of Public Works,
introduced Mr. John Peters, of the City Engineer's staff,
who advised that the main purpose of these regulations is
water quality. He stated that the Environmental
Protection Agency has been working on these regulations
for approximately 15 years, and that there are two types
of permits, i.e., individual industrial permits and
municipal permits. He advised that individual industrial
permits are required and the deadline is May 1992; that
145
this will affect the Regional Landfill, the old landfill,
the Wastewater Treatment Plant, the Public Works Service
Center and the Valley Metro Bus site; and that the City
will negotiate the terms of the permits with the EPA. He
referred to the City Manager's written report relating to
an outline of the cost estimate and future actions
needed.
In conclusion, the Director of Public Works advised
that the City does have funding in hand at this time for
the permits as the administration foresees it; however,
in the future, the City may be faced with some expensive
implementation techniques, depending upon how high the
standards are set.
Mr. Harvey questioned if new EPA guidelines create
expensive standards, what the possibility is of getting
Federal funds to help pay for this; whereupon, Mr. Clark
advised that it is unlikely that the City will get these
funds. Mr. Harvey suggested that the City Attorney send
a letter to the City's representative to Congress to urge
them to ease the requirements.
ITEMS RECOMMENDED FOR ACTION:
PERSONNEL-CITY EMPLOYEES: The City Manager
submitted a written report advising that Section 15.1-
7.1, of the Code of Virginia (1950), as amended, requires
that local governments establish employee Grievance
Procedures; that City Council has previously authorized
the City Manager to promulgate a Grievance Procedure
which is established through Personnel Operating
Procedure No. 6, last revised on October 10, 1985; that
during the 1991 Session of the General Assembly, new
legislation was passed which requires that local
government Grievance Procedures conform to new State
standards; that the most important substantive change is
a requirement to increase the number of days within which
an employee may file a grievance from five working days
to twenty calendar days; and consistent with City policy,
changes to the Grievance Procedure must be reviewed by
the Personnel and Employment Practices Commission (PEPC)
in a public hearing.
It was further advised that City employees were
notified of the proposed changes to the Grievance
Procedure and were invited to the Personnel and
Employment Practices Commission meeting held on September
13, 1991; that the PEPC, after reviewing the new draft
Grievance Procedure and hearing comments, recommended
approval of the new Grievance Procedure with minor
amendments which have been incorporated into the
document; that this procedure will be adopted as a
revision to Personnel Operating Procedure No. 6; and that
146
ACTION:
the new procedure will be effective on September 30,
1991, as required by State law.
It was further advised that Section 15.1-7.2 of the
State Code requires that the City Manager and City
Attorney certify that our new local Grievance Procedure
is in full compliance with State law, and the City
Manager and City Attorney will file the required
certification; and that the Code of the City of Roanoke
requires changes to conform it to State law and
provisions of the new Grievance Procedure.
The City Manager recommended adoption of an
ordinance amending the City Code to provide for
establishment of a grievance procedure for employees of
the City and providing for the organization of the
Personnel and Employment Practices Commission into panels
for the purpose of hearing grievances.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30705-92391) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by enacting new
Section 2-61.1, City Manager to promulgate grievance
procedure, new Section 2-85.1, Grievance hearing panels,
and by repealing Division 3, Grievanceg, of Article IV,
Personnel Management and Practice~, of Chapter 2,
Administration; such new sections requiring the City
Manager to establish a grievance procedure for employees
of the City and providing for organization of the
Personnel and Employment Practices Commission into panels
for the purpose of hearing grievances; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 115.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30705-92391. The motion was seconded by Mr. Harvey and
adopted by the following vote:
147
m
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor-- -6.
NAYS: None-
e
(Council Member Bowers was absent.)
POLICE DEPARTMENT: The City Manager submitted a
written report advising that the budget for fiscal year
1991-92 allotted 122 police officer positions out of a
total of 244 sworn positions within the department; that
recruitment of police officers has been significantly
more aggressive by the City during the last nine months
resulting in an increase in the number of qualified
candidates; that the Police Academy in training new
recruits has been averaging 15 candidates per session;
that the minimum size to be cost effective is 10
participants and the optimum size is 16 participants;
that the C.O.P.E. program has pressured standard manning
levels; and that the Retirement Incentive Program was
selected by five senior members of the sworn complement
of officers, thus creating five vacancies.
The City Manager further advised that the police
officers hired and scheduled for the next academy class
to date total seven, and additionally, there are seven
candidates that are near completion of the selection
evaluation process; ~hat it is anticipated that at least
five of these candidates will be eligible to participate
in the next academy; that the positions allotted in the
current fiscal year budget have not been exceeded and
there exists a large number of vacant positions City
wide; and that the Police Department sworn positions,
employees and vacancies are as follows:
Budgeted Positions Employees Vacancies
Police Department (Sworn) 244
242* 2
*includes the seven mentioned above.
The City Manager recommended an increase in the
allotment of police officer positions from 122 to 127 to
maximize effective use of academy training resources.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
148
ACTION:
(#30706-92391) A RESOLUTION amending the fiscal
year 1991-92 budget to increase the allotment of police
officer positions on a temporary basis.
(For full text of Resolution, see Resolution Book No. 53,
Page 118.)
Mr. Harvey moved the adoption of Resolution No.
30706-92391. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ........ 6.
NAYS: None ---0.
(Council Member Bowers was absent.)
FEE COMPENDIUM-STREETSAND ALLEYS: The City Manager
submitted a written report advising that the User Fee
Study conducted by David M. Griffith and Associates,
Ltd., in the fall of 1989, recommended that the fee for
review of street and alley closure requests be increased
to $300.00; that the fee for review of street and alley
closure requests was revised as part of the update of the
City's Fee Compendium, adopted by Council in 1990; that
the maximum fee which can be charged for review of street
and alley closure requests under existing State enabling
legislation is $100.00; and that an amendment to the
City's Fee Compendium is necessary in order to remain
consistent with State law.
The City Manager further advised that,
administratively, street and alley closure requests would
have to be processed regardless of the fee charged; that
fees would continue to be collected by the City Clerk's
office; that, financially, the proposed fee of $100.00
would offset a smaller percentage of the costs incurred
by the City in processing such requests; and that,
legally, City Council only has the authority to increase
the fee to $100.00 under the State enabling legislation;
and recommended that the Fee Compendium be amended.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following Resolution:
: 149
ACTION:
(#30707-92391) A RESOLUTION amending the City's Fee
Compendium to establish a fee of one hundred dollars
($100.00) for processing an application for the closing
or vacating of any street or alley.
(For full text of Resolution, see Resolution Book No. 53,
Page 118).
Mr. Fitzpatrick ~oved the adoption of Resolution No.
30707-92391. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor-- 6.
NAYS: None 0.
(Council Member Bowers was absent.)
TOTAL ACTION AGAINST POVERTY-GRANTS: The City
Manager submitted a written report advising that Council
authorized the allocation of $145,000 of Community
Development Block Grant (CDBG) funds to Total Action
Against Poverty (TAP) as part of the overall CDBG program
budget by Resolution No. 30508-51391 on May 13, 1991;
that these funds are for the purchase of five vacant and
deteriorated structures which TAP intends to rehabilitate
into 14 apartments and rent to 42-46 formerly homeless
individuals; that supportive services for the 42-46
individuals will be provided by nine local service
agencies including TAP, Mental Health Services, VA
Medical Center, Fifth District Employment and Training
Consortium, and City Social Services; and that a
memorandum of agreement has been drafted by the
participating agencies to this effect.
The City Manager further advised that TAP has
received $500,000 from the Virginia Housing Partnership
fund S}~RE program .toward the project; that of this
money, $150,000 is a grant, and $350,000 is a 0% loan for
15 years; that TAP has applied to HUD for reassignment of
a previous award of Moderate Rehab Section 8 rent subsidy
funds; that approval is expected September 30 or before;
and that this will provide rent subsidies for each of the
renters.
It was explained that TAP also has an application
pending for Low Income Housing Tax Credits; that the
Virginia Housing Develepment Authority (VHDA) is expected
to approve these credits this fall, which will improve
the cash flow situation of the project, but is not
critical for its success; and that options for purchase
on the five vacant structures will expire on
September 30, 1991.
150
The City Manager recommended that he be authorized
to execute a loan agreement with TAP, providing for the
loan of $145,000 in CDBG funds to TAP at 1% interest,
amortized over 30 years, balance payable in 15 years, for
the acquisition of five vacant properties for
rehabilitation; said loan instrument to be in a form
acceptable to the City Attorney, and subject to the
receipt of written approval from HUD of the rent subsidy
allocation, and to be secured by a promissory note and
second deed of trust against the property.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following Resolution:
(#30708-92391) A RESOLUTION authorizing the
execution of an agreement between the City and Total
Action Against Poverty, providing for the loan of
Community Development Block Grant funds for the purpose
of acquisition of five vacant properties for
rehabilitation, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book
No. 53, Page 119.)
Mrs. Bowles moved the adoption of Resolution No.
30708-92391. The motion was seconded by Mr. Fitzpatrick.
Mr. Harvey advised that he is concerned that we are,
in effect, creating more public housing but that it will
not fall under the direction or guide of the Roanoke
Redevelopment and Housing Authority, and he questioned
whether we are now starting another Housing Authority.
He stated that he has no problem with the program,
however, he does have a problem with T.A.P. being
involved in the overseeing of public housing, and he is
worried that T.A.P. is getting into the rental and rehab
business, which he considers to be a main priority of the
Housing Authority.
Mr. Theodore J. Edlich, III, Executive Director of
Total Action Against Poverty, appeared and advised that
T.A.P. is not a public agency, rather they are a private,
non-profit corporati6n, so he doesn't think there is any
intent to become a public housing corporation. Mr.
Harvey stated that he will not support this because he
sees the City going to some type of public housing that
could infiltrate into various neighborhoods, not being
under the guides of a central Housing Authority, not
being in the private sector market place. He stated that
this Council has, for at least two years, been trying to
provide some avenue to attract middle income and upper
income people into the City, that there are three items
151
on Council's agenda dealing with housing and all three of
them are low or moderate income housing proposals. He
stated the need to create home ownership in the City of
upper and middle income people; that he doesn't have a
problem with the City doing its fair share for low income
housing, but one of these days, if we don't do something
in this City to start attracting middle and upper income
housing developments, there won't be anyone here to pay
the bills, and we are not going to have the resources
available to us to, in turn, take care of our less
fortunate citizens.
The Resolution, offered by Mrs. Bowles and seconded
by Mr. Fitzpatrick, was lost by the following vote:
AYES: Council Members Bowles, Fitzpatrick, and
Mayor Taylor .................................. 3.
NAYS: Council Members Harvey and Musser .......... 2.
(Mr. White abstained from voting; Mr. Bowers was absent.)
Mr. Musser moved that the matter be carried over
until the full Council is present. The motion was
seconded by Mr. Fitzpatrick and adopted.
Mr. Edlich advised that if this was a project that
was starting from scratch, he would feel better about it,
but that T.A.P. had been approached by the City on a
project that was approved two to three years ago which
received $1.3 million in HUD funds to the Roanoke
Redevelopment and Housing Authority; that a private
contractor was engaged to develop these properties, but
within the course of two years could not satisfactorily
develop a proposal to complete his obligation for the
approval of the project; that T.A.P. was approached by
the City to save this project which had been requested by
Mental Health Services, the VA Hospital and people from
T.A.P.'s Transitional Living Center; that T.A.P. has
invested between $40,000 to $50,000 in getting options on
these properties, as well as having invested hours of
staff time dealing with HUD, and has been able to secure
$500,000 in loan and grant money from the Virginia
Housing and Community Development program, and T.A.P. is
dealing withVHDA on a large sum of tax credits, and they
thought they were operating in good faith with the City
and the Housing Authority.
The Mayor state~ that Mr. Edlich should go back to
those City officials and persuade them to talk to Council
and explain why this is important, and that there is
something missing that Council has not seen, and tell
them not to take the members of City Council for granted.
He stated that it appears to him that someone was saying
152
it is going to be done, but it is not done, not
completed, the action is not legal, until there are four
positive votes of City Council, and he would not advise
anyone to spend money in advance of the proper action of
City Council.
Mr. Edlich stated that he is fully aware that the
City Council makes the final decision, and expressed the
hope that Council will reconsider the matter.
Mr. Fitzpatrick questioned whether T.A.P. has the
ability to extend the options on the property, which
expire on September 30, 1991; whereupon, Mr. Alvin Nash,
Deputy Director for Housing and Community Development for
Total Action Against Poverty, advised that it may be
possible to extend the option on the one property which
expires on September 30, and that the other options
expire on October 30 and November 30, 1991.
Mr. Musser asked for a recall of the vote, stating
that for the sake of reserving the options, he will vote
in favor of the request; however, he expressed concern
with regard to T.A.P. starting another Housing Authority,
per se.
The Mayor expressed the concern that a little too
often matters are brought before Council and the date
that Council addresses it is the last chance they have to
address it, and it has to be passed then or it is not
going to be done and there is no other opportunity. He
stated that he sees this as a matter of Council being
taken for granted, that they are going to pass it
regardless, and he has seen it happen too often.
Mr. Fitzpatrick moved for a reconsideration of the
Resolution. The motion was seconded by Mrs. Bowles and
adopted.
Resolution No.
following vote:
30708-92391 was adopted by the
AYES: Council Members Bowles, Fitzpatrick, Musser,
and Mayor Taylor ........................... 4.
NAYS: Council Member Harvey
(Council Member White abstained from voting; Council
Member Bowers was absent.)
153
Upon question by Mr. Fitzpatrick, Mr. White advised
that he abstained from voting because of a possible
conflict of interest due to a contractual matter.
HOUSING: The City Manager submitted a written
report advising that the Homeownership Assistance Program
is a flexible pool of types of financial or other
assistance, to encourage and assist homeownership in the
City; that the Program pool is funded from several
different sources, including State and Federal funds, and
including CDBG funds; that the City's CDBG funds
allocated to the Program may be used for such purposes as
development financing, permanent mortgages, or assistance
with down payments and closing costs.
The City Manager further advised that the Urban
Homeownership Opportunity Program (UHOP) is a new $20.5
million program of the Virginia Housing D velopment
· VHDA~, announced in January, 1991~ that, in
Au~hori~ ( --~---- funds ~rovide for permanent ~
~Stbrief, the propram ~
, s at 5% interest for 30 years to allow ~amilles
mortgage median income
with incomes between 50 and 70% of the area
(e.g. up to $25,400.00 for a family of three) to buy
their first single-family homes in urban areas; that the
City applied for $450,000 from the U HOP program in April
to support the purchase and rehabilitation of
approximately 10 houses; and that these funds are
intended to be a major component of Roanoke's flexible
Homeownership Assistance Program.
It was further advised that the VHDA has notified
that its application for the UHOP has be~n
the City ....... ~ ~- ~-reement to accept the
approved and that execuuxon u~ ~..-~
allocation of funds from VHDA is required.
The City Manager recommended that he be authorized
to execute an Agreement to accept the $450,000 allocation
of U HOP funds from VHDA, such Agreement to be approved as
to form by the City Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following Resolution:
(#30709-92391) A RESOLUTION accepting an Urban
Homeownership Opportunities Program allocation from the
Virginia Housing Development Authority and authorizing
the execution of the requisite commitment agreement.
(For full text of Resolution, see Resolution Book No. 53,
Page 120.)
154
ACTION:
Mrs. Bowles moved the adoption of Resolution No.
30709-92391. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
GRANTS-HOUSING: The City Manager submitted a
written report advising that the Rental Rehabilitation
Program is a cooperative program among HUD, the City, and
the Roanoke Redevelopment and Housing Authority (RRHA),
to encourage rehabilitation of privately-owned rental
property in targeted areas; that HUD Program funds pay a
portion of the rehabilitation cost of substandard housing
units, with the balance of the rehabilitation paid from
other sources; that Roanoke's allocations from HUD for
the previous seven years of the Rental Rehabilitation
Program totalled $867,300 for rehabilitation subsidies;
that these allocations will have provided renovation to
approximately 163 dwelling units in approximately 83
buildings at a cost of approximately $2,847,117 (combined
public and private funds); and that the previous Rental
Rehabilitation Programs in Roanoke have been operated to
assist rehabilitation in established older residential
neighborhoods.
It was further advised that Roanoke's 1991 Program
allocation from HUD is $49,000, compared to the 1990
allocation of $90,000; that this is the smallest
allocation Roanoke has ever received, due to the lower
federal appropriations into the Program; that this 1991
Program allocation is also the last that will be
received, as the Federal Rental Rehabilitation Program
goes out of existence as of the end of September, 1991,
and the new "HOME" Program is intended to replace it, as
well as several other HUD housing programs; that the
City's Program design and application for the 1991
allocation of $49,000 calls for the Program funds to be
used specifically to assist the renovation of buildings
in the downtown area for housing units; that the City's
application for 1991 Program funds has been approved by
HUD and the City must execute the Grant Agreement with
HUD to accept these funds; and that execution of a
Memorandum of Understanding with the Roanoke
Redevelopment and Housing Authority is necessary to
specify the arrangements between that agency and the City
for implementation of the 1991 Program.
155
ACTION:
ACTION:
The City Manager recommended that he be authorized
to execute the Grant Agreement with HUD, accepting the
1991 Rental Rehabilitation Program Funds, in the amount
of $49,000.00, and the Memorandum of Understanding with
the Roanoke Redevelopment and Housing Authority for
administration of the Program, said documents to be
approved as to form by the City Attorney.
(For full texti see report on file in the City
Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30710-92391) A RESOLUTION accepting a Rental
Rehabilitation Program Grant from the United States
D~partment of Housing and Urban Development and
authorizing the execution of the requisite grant
agreement and HUD Funding Approval Form.
(For full text of Resolution, see Resolution Book No. 53,
Page 121.)
Mrs. Bowles moved the adoption of Resolution
No. 30710-92391. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .......... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
Mrs. Bowles offered the following Resolution:
(#30711-92391) A RESOLUTION authorizing the
execution of a Memorandum of Understanding with the City
of Roanoke Redevelopment and Housing Authority pertaining
to the administration of a Rental Rehabilitation Program.
(For full text of Resolution, see Resolution Book No. 53,
Page 121.)
Mrs. Bowles moved the adoption of Resolution No.
30711-92391. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ........ 6.
NAYS: None-- -0.
(Council Member Bowers was absent.)
156
HOUSING-GRANTS: The City Manager submitted a
written report advising that funds in the amount of
$220,000 from the Virginia Department of Housing and
Community Development's Single Family Rehabilitation and
Energy Conservation Loan Program, and $240,000 in
Community Development Block Grant (CDBG) funds were
allocated to the Home Purchase Assistance Program by City
Council on June 26, 1989, allowing the City to provide
loans to low-moderate income households agreeing to buy
and repair approximat~ly 18 to 20 certain identified
substandard houses; that the Program is administered
Jointly by the City and the Roanoke Redevelopment and
Housing Authority (RRHA), as outlined in the City's
current contract for services with the Housing Authority;
that Real Estate Options were selected as the best way to
allow the City to implement the Home Purchase Assistance
Program; that these Options define the property owner's
and the City's responsibilities under the Program,
establish a purchase price for the property, allow the
City to access the property, and market the property for
sale to qualifying low and moderate income purchasers in
the Program through assignment of the Real Estate Option;
that this provides for a direct sale of the property from
the current owner to the purchaser selected through the
Program; that the City will not exercise any Option and
will not actually purchase any property in the Program;
that should the City be unable to find a buyer for the
property, the Real Estate Option would be allowed to
expire; and that Council previously authorized the City
Manager to execute Options with individual property
owners of several properties to be included in the Home
Purchase Assistance Program.
It was further advised that Real Estate Options have
been executed by the owners of two vacant single-family
homes located at 1131 Thirteenth Street, S. E. (City
Assessment-S23,§00), and 1912 Melrose Avenue, N. W. (City
Assessment-S12,600); that Options are offered at $23,000
for 1131 Thirteenth Street, S. E., and $18,000 for 1912
Melrose Avenue, N. W.; that the Housing Development staff
has determined that the offered price is reasonable to
allow the homes to b~ included in the Program; and that
Council's authorization to the City Manager to execute
Real Estate Options with the owners of the properties is
necessary to allow these properties to be marketed
through the Program.
The City Manager recommended that he be authorized
to execute Real Estate Options at 1131 Thirteenth Street,
S. E., and 1912 Melrose Avenue, N. W., with the owners of
these properties selected for the Home Purchase
157
ACTION:
Assistance Program, said Options to be approved as to
form by the City Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency
Ordinance:
(#30712-92391) AN ORDINANCE authorizing certain
real estate options to be entered into in connection with
the Home Purchase Assistance Program; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 122.)
Mr. White moved the adoption of Ordinance No. 30712-
92391. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
WATER DEPARTMENT-FIRE DEPARTMENT-SPECIAL PERMITS:
The City Manager submitted a written report advising that
a petroleum product leakage was detected at a service
station across Appleton Avenue, N. W. from Fire Station
No. 13, at 1805 Peters Creek Road, N. W., which service
station is owned by Conoco, Inc., trading as Kayo Oil
Company; that the revocable lease of sites for two (2)
water quality monitoring wells on the Fire Station No. 13
property was authorized by City Council to Conoco, Inc.,
by Ordinance No. 29689-81489, dated August 14, 1989; and
that the lease term is five (5) years.
The City Manager further advised that the sale of
the aforementioned service station property by Conoco,
Inc./Kayo Oil Company to Crown Central Petroleum
Corporation/Fast Fare, Inc. will take place effective
October 7, 1991; and that a request to assign the
revocable lease to the new owner(s) has been received
from Conoco, Inc.
The City Manager recommended that he and the City
Clerk be authorized to sign and attest respectively, the
documentation required to assign the revocable lease of
sites for two (2) water quality monitoring wells, on the
Fire Station No. 13 site, from Kayo Oil Company, a
wholly-owned subsidiary of Conoco, Inc. to Fast Fare,
158
ACTION:
Inc., a subsidiary of Crown Central Petroleum Corporation
effective October 7, 1991; and that documentation be in
a form approved by the City Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the following Ordinance be
placed upon its first reading:
(#30713) AN ORDINANCE authorizing the assignment of
a certain revocable license for monitoring wells at Fire
Station No. 13, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 132.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
SEWERS ANDSTORMDRAINS-EASEMENTS-INDUSTRIES-BUDGET:
The City Manager submitted a written report advising that
City Council, at its regular meeting on July 22, 1990,
authorized an engineering services contract with Mattern
& Craig, Inc. to prepare plans, specifications, and other
construction related documents for stormwater management
facilities for Statesman Industrial Park; that the design
and construction documents are complete for Phase I of
the work, consisting of a detention basin to be located
off Daleton Boulevard, N. E. on privately owned land
identified by Tax Number 7130123; and that five (5) other
properties are affected.
It was further advised that the project schedule
calls for property and easement acquisition to begin;
therefore, appraisals have been prepared and negotiations
with property owners are underway; and that the funding
needs for appraisals, title searches, and property and
easement acquisitions at fair market value is estimated
to be $150,000.00.
:' 159
ii
i1
ACTION=
The City Manager recommended that City Council
authorize acquisition of the necessary property and
easements with total compensation for all six (6) parcels
not to exceed $150,000.00 without further authorization
by Council, and institution of condemnation and right of
entry proceedings, as necessary, by the City Attorney in
the event of refusal of property owners to accept
settlement, in order that undue delay may be avoided for
the project; and further authorize the Director of
Finance to transfer $150,000.00 from the Public
Improvement Bonds - Series 1990A, Account Number 008-052-
9700-9176, to Account Number 008-052-9656-9001, Statesman
Industrial Park Storm Drain.
Mr. White offered the following emergency budget
Ordinance:
(#30714-92391) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 123.)
Mr. White moved the adoption of Ordinance No. 30714-
92391. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
Mr. White offered the following Ordinance:
(#30715-92391) AN ORDINANCE providing for the
acquisition of real estate needed by the City for the
construction of the Statesman Industrial Park Stormwater
Management Project; authorizing the City Manager to fix
to a certain limit the consideration to be offered by the
City for such parcels; providing for the City's
acquisition of such real estate by condemnation, under
certain circumstances; authorizing the City to make
motion for the award of a right of entry on any of the
parcels for the purpose of commencing the project;
directing the mailing of this ordinance to the property
owners; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 123.)
160
ACTION:
Mr. White moved the adoption of Ordinance No. 30715-
92391. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ...... 6.
NAYS: None -0.
(Council Member Bowers was absent.)
BUDGET-PURCHASE OF PROPERTY-FLOODS: The City
Manager submitted a written report advising that a Local
Cooperation Agreement (LCA) was executed on June 25,
1990, between the City and the Federal Government; that
the commitment to fund a 5% local cash match, land,
easements, rights of way and a varying degree of
construction cost was made by the City upon execution of
the LCA; and that $856,480 was programmed into the
approved City budget for Fiscal Year 1992 for support of
this project.
It was further advised that the $856,480 in
programmed funds needs to be placed in the appropriate
capital fund project account, and that land acquisition
will be the most costly project ~lement facing the City
during the next 12 months.
The City Manager recommended that Council approve
the transfer of $856,480 from the General Fund Account
No. 001-004-9310-9508 and appropriate these funds to the
Capital Projects Fund, Account No. 008-056-9619-9050,
Roanoke River Flood Reduction - Land Acquisition; that
costs are estimated to be in excess of $5,000,000,
depending on the amount of donated real estate interest;
that funds available for expenditure after this transfer
will be $2,362,284; that additional funding will
ultimately be providedbythe issuance of bonds; and that
project accounting requires the funds available to be
placed in the proper project account.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
161
ACTION:
(#30716-92391) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No.
53, page 125.)
Mr. Fitzpatrick'moved the adoption of Ordinance No.
30716-92391. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor- 6.
NAYS: None-
(Council Member Bowers was absent.)
FLOODS-BUDGET: The City Manager submitted a written
report advising that a Local Cooperation Agreement (LCA)
was executed on June 25, 1990 by the City and the Federal
Government; that an Additional Project Element, namely
the reimbursement for the flood proofing work at Roanoke
Memorial Hospital, has been authorized by Congress; and
that funds have not been appropriated for the work,
however, the U. S. Army Corps of Engineers (COE) has
indicated the Federal Government will approve
reimbursement of $501,472 of a total project cost of
$668,629.
It was further advised that Council's approval is
required for the following: Supplemental Agreement No. 1
to the LCA, acknowledging the addition of the project
element of flood proofing for Roanoke Memorial Hospital;
a disbursement agreement between the City and Carilion
stipulating that the City will remit to Carilion the
amount of reimbursement for local funds spent for the
flood proofing and that Carillon assumes all future
indebtedness for the project element; and appropriation
of $501,472 to Account No. 008-056-9617-9065 and the
establishment of an accounts receivable in the amount of
$501,472 from the Federal Government; and that the
disbursement of funds will only occur after receipt of
those funds from the Federal Government.
The City Manager recommended that Council approve
Supplement No. 1 to the LCA, the Disbursement Agreement
with Carillon, and the receipt and disbursement of funds
for the local share of Flood Proofing of Roanoke Memorial
Hospital.
(For full text, see report on file in the City Clerk's
Office.)
162
ACTION:
ACTION:
Mr. Harvey offered the following emergency budget
Ordinance:
(#30717-92391) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 126.)
Mr. Harvey moved the adoption of Ordinance No.
30717-92391. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, and White ........... 5.
NAYS: None 0.
(Mayor Taylor abstained from voting; Council Member
Bowers was absent.)
Mr. Harvey offered the following Resolution:
(#30718-92391) A RESOLUTION authorizing the
execution of Supplemental Agreement No. 1 to the Local
Cooperation Agreement for the Roanoke River Flood
Reduction Project and related documentation, upon certain
terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
Page 127.)
Mr. Harvey moved the adoption of Resolution No.
30718-92391. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
and White 4.
NAYS: None-- 0.
(Mayor Taylor abstaihed from voting; Mr. Musser was out
of the Council Chamber; Council Member Bowers was
absent.)
HUMAN RESOURCES: The City Manager submitted a
written report concurring in a report of a bid committee
with regard to renewal of the contract with Cost
Containment, Inc., for Food Stamp issuance.
The bid committee advised that since November, 1987,
the City of Roanoke Department of Social Services has
contracted for the issuance of Food Stamps to an
163
ACTION:
organization specifically designed to provide that type
of service; that the existing contract which is
administered by Cost Containment, Inc., is scheduled to
expire on October 31, 1991; that the specifications were
developed and sent to specific firms that had requested
the opportunity to bid; and that a public advertisement
was also published in the Roanoke Times and World News on
August 21, 1991.
It was further advised that only one (1) bid was
received; that said bid, from Cost Containment, Inc., was
publicly opened and read in the Office of General
Services at 2:00 p.m., on Friday, September 6, 1991; that
the bid was evaluated in a consistent manner by
representatives of the Social Services and General
Services Departments; that Cost Containment, Inc., has
provided a proposal that meets all required
specifications for a cost of $.55 per transaction, an
approximate monthly amount of $3,100.00 plus postage; and
that the cost per transaction, $.55 each as bid by Cost
Containment, Inc., is the same amount as is currently
being charged, all of which is shared 80% by the State
and 20% locally.
The bid committee recommended that Council accept
the bid submitted by Cost Containment, Inc., to provide
Food Stamp Issuance Service for the period of November 1,
1991 through October 31, 1992, with the option to renew
for two (2) additional one (1) year periods; and that the
City Manager be authorized to enter into a contract, in
a form approved by the City Attorney, with Cost
Containment, Inc. to provide required Food Stamp Issuance
Service.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30719-92391) A RESOLUTION authorizing the
acceptance of a bid and execution of a contract with Cost
Containment, Inc., for the provision of Food Stamp
Issuance Service.
(For full text of Resolution, see Resolution Book No. 53,
Page 128.)
Mr. White moved the adoption of Resolution No.
30719-92391. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
164
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .... 6.
NAYS: None- -0.
(Council Member Bowers was absent.)
BUILDINGS: The City Manager submitted a written
report concurring in a report of a bid committee with
regard to procurement of custodial services for certain
City-owned locations by an outside contractor.
The bid committee advised that in January 1990, a
study on Custodial Service Cost for five (5) Libraries,
nine (9) Recreation Centers and one (1) Health Department
Building, was conducted by the Manager of Building
Maintenance; that the annual operating costs, for
providing custodial services for the selected locations
with City staff, were estimated to exceed $95,000.00;
that on August 1, 1990, the City awarded a contract in
the amount of $44,000.00, and that the quality of service
during 1990-91 resulted in a decision to rebid the
contract.
It was further advised that on July 12, 1991,
specifications were developed, and along with a request
for quotations, were specifically sent to nineteen (19)
janitorial service contractors; that a public
advertisement was also published in the Roanoke Times and
World News on July 14, 1991; and that bids were received,
after due and proper advertisement, until 2:00 p.m. on
Friday, July 26, 1991, at which time all bids
appropriately received were publicly opened and read in
the Office of the Manager of General Services.
It was also advised that eleven (11) bid responses
were received; that said bids were evaluated in a
consistent manner by representatives of the Building
Maintenance and General Services Departments; that the
lowest bid, as submitted by AAA Clean Teams, meets all
required City specifications, including Insurance and
Bonding, for an annual cost of $58,622.66; that the
contract provides for a thirty (30) day termination
notice if service is not provided in accordance with
specifications; and that the annual contract for services
provided would be paid from the existing Custodial
Operating Budget and would not require additional
funding.
165
ACTION:
The bid committee recommended that Council accept
the bid submitted by AAA Clean Teams to provide custodial
services at various City locations for the annual amount
of $58,622.66.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following Resolution:
(#30720-92391) A RESOLUTION accepting the bid of
AAA Clean Teams for custodial services at various city
locations, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such
work; and rejecting all other bids made to the City for
the work.
(For full text of Resolution, see Resolution Book No. 53,
Page 120.)
Mrs. Bowles moved the adoption of Resolution No.
30720-92391. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
ARCHITECTURAL REVIEW BOARD-CHURCHES: The City
Manager submitted a written report advising that the Old
First Baptist Church, located at 407 North Jefferson
Street, is listed on the Virginia Historic Register and
the National Register of Historic Places; that the
Church, which has been vacant since 1981, is
deteriorating and is at risk of permanently losing
portions of its historic and architectural integrity
unless protected from further weathering; and that City
Council authorized $48,500 as a grant to the Roanoke
Valley Preservation Foundation to stabilize the building
as part of the Community Development Block Grant (CDBG)
program on May 13, 1991, pursuant to Resolution No.
30508-51391.
It was further advised that the Roanoke Valley
Preservation Foundation will stabilize the old church
with repairs to the roof, belfry and steeple, removal and
repair of interior pigeon damage, and securing the
building against further effects of the weather; that the
Arts Place at Old First, Inc., will eventually occupy the
building for stage productions and fine arts exhibits
166
ACTION:
ACTION:
under a twenty year lease from the Trustees of First
Baptist Church, the 6wners of the building; and that an
administrative agreement is necessary between the City
and the Preservation Foundation for the funds to be
disbursed for repairs.
The City Manager recommended that City Council
authorize execution of an Agreement with the Roanoke
Valley Preservation Foundation for the stabilization of
Old First Baptist Church located at 407 North Jefferson
Street.
(For full text, see report on file in the City Clerk's
Office.)
Mayor Taylor called attention to item 4.a which is
a communication from Council Member David A. Bowers
relating to the status of approval of Community
Development Block Grant funding for the renovation of the
Old First Arts Center.
Mr. Harvey offered the following Resolution:
(#30721-92391) A RESOLUTION authorizing the City
Manager to execute a grant agreement with the Roanoke
Valley Preservation Foundation for the stabilization of
Old First Baptist Church located at 407 North Jefferson
Street.
(For full text of Resolution, see Resolution Book No. 53,
Page 129.)
Mr. Harvey moved the adoption of Resolution No.
30721-92391. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ......... 6.
NAYS: None -0.
(Council Member Bowers was absent.)
FINANCIAL REPORTS: The Director of Finance
submitted the Financial Report for the City of Roanoke
for the month of August, 1991.
(For full text, see Financial Report on file in the City
Clerk's Office.)
Mr. Musser moved that the Financial Report be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted.
167
ACTION=
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS-BUPGET: council Member
William White, Sr., Chairman of a committee appointed by
the Mayor to tabulate bids received for construction of
neighborhood storm drain facilities at Walnut Avenue,
S. E. bridge, Fleming Avenue, N. W., and Plantation Road,
N. E., presented a written report on behalf of the
committee, recommending that Council take the following
actions:
Award a contract to J. P. Turner and Brothers,
Incorporated, in the amount of $144,641.00,
and establish a contingency, in the amount of
$5,954.00, for a total amount of $150,415.00.
Transfer $150,415.00 from Capital Projects
Fund - Public Improvement Bonds Series -
1988 - Storm Drains, Account Number 008-052-
9603-9176 to an account to be entitled
Neighborhood Storm Drains - 91.
Reject all other bids received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(~30722-92391) AN ORDINANCE to amend and 'reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 130.)
Mr. White moved the adoption of Ordinance No.
30722-92391. The motion was seconded by Mr. Musser and
adopted by the following vote:
168
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor--- 6.
NAYS: None 0.
(Council Member Bowers was absent.)
Mr. White offered the following Ordinance:
(#30723-92391) .AN ORDINANCE accepting the bid of
J. P. Turner and Brothers, Incorporated, for construction
of Neighborhood Storm Drain Project: Walnut Avenue
Bridge, S. E., Fleming Avenue, N. W., and Plantation
Road, N. E., upon certain terms and conditions, and
awarding a contract therefore; authorizing the proper
City officials to execute the requisite contract for such
work; rejecting all other bids made to the City for the
work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 131.)
Mr. White moved the adoption of Ordinance No. 30723-
92391. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ...... 6.
NAYS: None. 0.
(Council Member Bowers was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 30691-92391,
permanently vacating; discontinuing and closing a portion
of Gregory Avenue, N. E., between Cherokee Street and
Rhodes Avenue, having previously been before the Council
for its first reading on Monday, September 9, 1991, read
and adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(#30691-92391) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 106.)
169
il
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
30691-92391. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ........ 6.
NAYS: None-- -0.
(Council Member Bowers was absent.)
ZONING: Ordinance No. 30692-92391, rezoning three
parcels of land lying on the southeast corner of the
intersection of Dale Avenue and 21st Street, S. E., known
as 2101 Dale Avenue, S. E., and designated as Official
Tax Nos. 4310901, 4310903 and 4310904, from RM-2,
Residential Multi-Family, Medium Density District, to C-
1, Office District, subject to certain conditions
proffered by the petitioner, having previously been
before the Council for its first reading on Monday,
September 9, 1991, read and adopted on its first reading
and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final
adoption:
(#30692-92391) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 431 Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the Petitioner.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 108.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30692-92391. The motion was seconded by Mr. Musser and
adoptgd by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ................... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:41 p.m., the Mayor declared the meeting in
recess.
170
At 4:50 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Member Bowers.
ACTION:
ACTION:
COUNCIL: With respect to the Executive Session Just
concluded, Mr. White moved that each Member of City
Council certify to the best of his or her knowledge that
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .... 6.
NAYS: None. 0.
(Council Member Bowers was absent.)
YOUTH (YOUTH SERVICES CITIZEN BOARD): The Mayor
advised that the three year term of the Reverend Ulas N.
Broady as a member of the Youth Services Citizen Board
had expired on May 31, 1991, and called for nominations
to fill the vacancy.
Mr. White placed in nomination the name of Mr.
Ronald L. Turner.
There being no further nominations, Mr. Turner was
elected for a term ending May 31, 1994, by the following
vote:
FOR MR. TURNER: Council Members Bowles,
Fitzpatrick, Harvey, Musser, White and Mayor Taylor ..... 6
(Council Member Bowers was absent.)
CIVIC CENTER: The Mayor advised that the three year
terms of Ms. Margaret R. Baker and Messrs. Delvis O.
McCadden and James W. Burks, Jr. as members of the
171
ACTION:
ACTION:
Roanoke Civic Center Commission will expire on
September 30, 1991, and called for nominations to fill
the vacancies.
Mrs. Bowles placed in nomination the names of Ms.
Margaret R. Baker and Messrs. Delvts O. McCadden and
James W. Burks, Jr.
There being no further nominations, Ms. Baker and
Messrs. McCadden and Burks were reelected as members of
the Roanoke Civic Center Commission for terms of three
years each, ending September 30, 1994, by the following
vote:
FOR MS. BAKER AND MESSRS. MCCADDEN AND BURKS:
Council Members Bowles, Fitzpatrick, Harvey, Musser,
White and Mayor Taylor ................................. 6
(Council Member Bowers was absent.)
BUILDINGS (BOARD OF ADJUSTMENTS AND APPEALS,
BUILDING CODE): The Mayor advised that the five year
term of Mr. Curtis L. Ratliff as a member of the Board of
Adjustments and Appeals, Building Code, will expire on
September 30, 1991, and called for nominations to fill
the vacancy.
Mr. Fitzpatrick placed in nomination the name of Mr.
Curtis L. Ratliff.
There being no further nominations, Mr. Ratliff was
reelected as a member of the Board of Adjustments and
Appeals, Building Code, for a term of five years, ending
September 30, 1996, by the following vote:
FOR MR. RATLIFF: Council Members Bowles,
Fitzpatrick, Harvey, Musser, White and Mayor Taylor ..... 6
(Council Member Bowers was absent.)
There being no further business, the Mayor declared
the meeting adjourned at 5:54 p.m.
APPROVED
ATTEST:
Deputy City Clerk
172
SPECIAL MEETING ROANOKE CITY COUNCIL
October 14, 1991
5:00 p.m.
The Council of the City of Roanoke met in special meeting
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
October 14, 1991, at 5:00 p.m., pursuant to Section 10, Meetings of
Council, of the Roanoke City Charter; and pursuant to communication
from the Mayor under date of October 10, 1991, with Vice-Mayor
Howard E. Musser presiding.
PRESENT: Council Members David A. Bowers (arrived at
5:20 p.m., during the Executive Session), Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., James G. Harvey, II (arrived at 6:00
p.m., during the Executive Session), William White, Sr., and Vice-
Mayor Howard E. Musser--- 6.
ABSENT: Mayor Noel C. Taylor .......................
OFFICERS PRESENT: W. Robert Herbert, City Manager; Joel
M. Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Vice-Mayor
Musser.
The Pledge of Allegiance to the Flag of the United States
of America was led by Vice-Mayor Musser.
HOTEL ROANOKE-TRADE AND CONVENTION CENTER: T h e
Vice-Mayor referred to the following communication from
the Mayor calling the special meeting of Council:
"October 10, 1991
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the
Charter of the City of Roanoke, I am calling a special
meeting of the Roanoke City Council on Monday,
October 14, 1991, at 5:00 p.m., in the City Council
Chamber, fourth floor of the Municipal Building.
The purpose of the special meeting will be to
convene in Executive Session to discuss the following
matter:
173
ACTION=
A request of the City Manager to discuss a
matter regarding the acquisition and
disposition of real property, specifically
property to be acquired and disposed of in
connection with the development of the Hotel
Roanoke Project, pursuant to Section 2.1-344
(A)(3), Code of Virginia (1950), as amended.
It is not anticipated that any public action will be
taken at such meeting.
Sincerely yours,
S/Noel C. Taylor
Noel C. Taylor, Mayor
City of Roanoke"
(See communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council convene in
Executive Session to discuss a matter regarding
acquisition and disposition of real property,
specifically property to be acquired and disposed of in
connection with the development of the Hotel Roanoke
Project, pursuant to Section 2.1-344 (A)(3), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, White
and Vice-Mayor Musser .... 4.
NAYS: None 0.
(Mayor Taylor was absent.)
(Council Members Bowers and Harvey had not entered the
meeting.)
At 5:10 p.m., the Vice-Mayor declared the meeting
in recess.
Mr. Bowers entered the meeting at 5:20 p.m., and Mr.
Harvey entered the meeting at 6:00 p.m., during the
Executive Session.
174
ACTION
At 7:28 p.m., the meeting reconvened tn the Council
Chamber, with Vice-Mayor Musser presiding, and all
Members of the Council in attendance, with the exception
of Mayor Taylor.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Fitzpatrick moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, White and Vice-Mayor Musser ..... 6.
NAYS: None ..... 0.
(Mayor Taylor was absent.)
There being no further business, the Vice-Mayor declared the
special meeting adjourned at 7:30 p.m.
APPROVED
ATTEST:
City Clerk
Vice-Mayor
:' 175
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
October 14, 1991
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, October 14,
1991, at 7:30 p.m., the regular meeting hour, with Vice-Mayor
Howard E. Musser presiding, pursuant to Rule 1, Regular Meetings,
of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr.,
James G. Harvey, II, William White, Sr., David A. Bowers,
Elizabeth T. Bowles and Vice-Mayor Howard E. Musser Musser ...... 6.
ABSENT: Mayor Noel C. Taylor ......
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; Wtlburn C. Dlbling, Jr.,
City Attorney; Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Mr. Dic Burbage,
Worship Leader, Edgewood Christian Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Vice-Mayor Musser.
ZONING: The City Clerk having advertised a public
hearing for Monday, October 14, 1991, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the
request of Total Action Against Poverty in Roanoke
Valley, Inc., a Virginia Corporation, that property
located at 3526, 3534, 3538 and 3542 Melrose Avenue,
N. W., and 1025 36th Street, N. W., bearing Official Tax
Nos. 2660301-2660304, inclusive, and 2660309 and 2660310,
be rezoned from C-2, General Commercial District and RM-
1, Residential Multi-Family, Low Density District, to RM-
4, Residential Multi-Family, High Density District,
subject to certain conditions proffered by the
petitioner, the matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World News on Friday, September 27, 1991, and Friday,
October 4, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
176
ACTION:
The Vice-Mayor advised that Total Against Poverty
has requested that the public hearing be continued until
the next regular meeting of Council on Monday, October
21, 1991, at 2:00 p.m., or as soon thereafter as the
matter may be heard; whereupon, Mr. Fitzpatrick moved
that Council concur in the request of TAP to continue the
public hearing until Monday, October 21, 1991, at 2:00
p.m. The motion was seconded by Mr. Harvey and adopted.
TOTAL ACTION AGAINST POVERTY-PUBLIC ASSISTANCE: The
Vice-Mayor referred to a request of Total Action Against
Poverty, which was included under the Hearing of Citizens
Upon Public Matters category of the agenda, to present an
update on the Transitional Living Center, and advised
that inasmuch as Mr. E. Cabell Brand, President, Board of
Directors of TAP, was scheduled to speak on behalf of the
organization and it was necessary for him to leave the
meeting early due to a previous commitment, the Vice-
Mayor proposed that Council hear the request of TAP at
this point on the agenda.
Mr. Brand advised that the Transitional Living
Center of Total Action Against Poverty is facing a
serious deficit situation and must ask for Council's
support in order to keep the program operating as it was
designed. He explained that TAP established the
Transitional Living Center in direct response to a need
identified by the City that the homeless population in
the Roanoke Valley is one with which TAP readily
identified when it was made prominent in the Mayor's 1986
State of the City Address, and TAP was pleased to learn
about the formation of the City Manager's Task Force and
the thoroughness of its work in studying the homeless
issue. He pointed out that when the urgent need for a
transitional living facility was identified in the report
of the Task Force, TAP's flexibility, its ability to
secure grant funding, and its quick mode of operation
made it the logical entity to respond to this critical
recommendation.
Mr. Brand explained that TAP secured a loan to
purchase a building, applied for grant funds to
rehabilitate the facility, and commenced operations on a
small scale; that the HUD Transitional Housing Grant was
a tremendous award which enabled the Transitional Living
Center to begin in earnest its work of helping homeless
individuals and families regain their self-worth, their
dignity, and their responsibility to themselves, their
families and to the community; however, he pointed out
that the HUD grant provides only one-half of the base
operational cost of $324,000.00, which is the minimum
amount of funds required to keep the Transitional Living
Center operating for one year; that in the past, TAP has
177
been able to match the HUD grant to make up the base
operational cost and has received charitable donations
which have allowed the Transitional Living Center to
operate at the full capacity of 75 residents per day; and
in order for the Transitional Living Center to continue
operating at full capacity, the amount of the HUD grant,
plus the amount of the local match, plus other charitable
contributions will be required.
Mr. Brand explained that of the amount of
$162,000.00 which is needed as matching funds for the
year beginning December 1, 1991, $75,000.00 has been
raised, with 70 per cent from private donations and 30
per cent from local governments; and as of this date, the
City of Roanoke has taken no action on TAP's supplemental
budget request, which was submitted earlier in the year
for $37,452.00 for the Transitional Living Center; that
although $75,000.00 has been raised toward the grant
match, $87,000.00 is still needed; that it was the
decision of the TAP Board of Directors at its last
meeting to request emergency allocations from each of the
four Roanoke Valley governments in order to make up the
difference; and therefore, TAP requests that Council
approve the original budget request of $37,452.00 for the
Transitional Living Center, plus an additional
$37,500.00, for a total of $74,952.00.
Mr. Brand advised that if the matching funds are not
raised and documented to HUD by November 15, 1991, the
impact of the program will be drastically reduced and the
Transitional Living Center will be forced to not only
reduce the number of persons it can afford to house, but
to reduce the variety of services it can provide.
Mr. Brand presented slides with regard to services
provided by the Transitional Living Center.
In closing, Mr. Brand advised that if the
Transitional Living Center is to continue to serve the
needs of the homeless in the Roanoke Valley, the cost of
base operations must be secure; that the Transitional
Living Center is a wonderful investment which is
producing results, and suggested that responsibility for
the program's base operational cost is a public
responsibility and private support should be used as a
supplement to serve more people and provide more
services. He stated that the Transitional Living Center
is the only transitional housing facility serving the
homeless population of the Roanoke Valley and needs to be
included as a line item in the budgets of the Roanoke
Valley governments; that with funds for the base
operation guaranteed, along with charitable donations
from citizens and organizations, TAP can insure that the
Transitional Living Center Program will operate at full
178
capacity; and with any public/private venture of this
kind, it is difficult to raise private money if there is
no guarantee of continued operation.
Mr. Brand requested that Council allocate $74,952.00
to help meet the financial requirements which are
necessary in order to continue operating the Transitional
Living Center Program for another year, advising that
once this continuation is secure, TAP will request
Council to consider the important role that the facility
plays in the scheme of human services to the
disadvantaged and homeless population of the community.
Mr. Theodore J. Edlich, III, Executive Director,
Total Action Against Poverty, and Ms. Ellen Brown,
Director of Human Resources and Director of the
Transitional Living Center, responded to questions raised
by the Members of Council.
Following discussion of the request, Mr. ~arvey
moved that the matter be referred to the City Manager for
review and report to Council; that the City Manager
provide Council with information with regard to the
amount of funds appropriated by the City to organizations
that render assistance to the disadvantaged and homeless
population; and that the report be submitted to Council
in a timely manner in order to meet TAP's deadline of
November 15, 1991. The motion was seconded by Mrs.
Bowles and adopted, Mr. White abstained from voting due
to a certain contractual arrangement.
At 8:15 p.m., the Vice-Mayor declared the meeting in
recess.
At 8:25 p.m., the meeting reconvened in the Council
Chamber with all Members of the Council in attendance
with the exception of Mayor Taylor, with Vice-Mayor
Musser presiding.
BID OPENINGS
STREETS AND ALLEYS-FLOOD CONTROL: Pursuant to
notice of advertisement for bids for a gravity retaining
wall and related work at Patterson and Campbell Avenues,
S. W., said bids to be received by the City Clerk until
4:30 p.m., on Monday, October 14, 1991, and to be held,
opened and read before the Council at 7:30 p.m., on that
date, or as soon thereafter as the matter may be heard,
the Vice-Mayor inquired if anyone had any questions about
the advertisement for bids, and no representative present
raising any question, the Vice-Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon,
the City Clerk opened and read the following bids:
179
ii1
ACTION:
BIDDER
BASE BID TOTAL
H & S Construction Company
Breakell, Inc.
Construction Services of Roanoke, Inc.
Williams Painting and Remodeling, Inc.
Acorn Construction, Ltd.
Avis Construction Co., Inc.
Q. M. Tomlinson, Inc.
Montvale Construction, Inc.
$13,725.00
18,390.00
19,654.00
21,349.00
21,950.00
22,545.00
27,234.00
29,300.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Vice-Mayor for
tabulation, report and recommendation to Council. The
motion was seconded by Mr. Fitzpatrick and adopted.
The Vice-Mayor appointed Messrs. William White, Sr.,
Chairman, William F. Clark and Kit B. Kiser as members of
the committee.
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, October 14, 1991, at 7:30 p.m.', or as soon
thereafter as the matter may be heard, on the request of
Lady Bird Apparel, Inc., a Virginia Corporation, that a
certain ten foot alley, more or less, commencing from
Williamson Road and terminating at the property of the
applicant which abuts the Roy L. Webber Expressway'
located in Sections 3 and 4, Map of Jefferson Land
Company, be permanently vacated, discontinued and closed,
the matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World News on Friday, September 27, 1991, and Friday,
October 4, 1991.
(see publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the alley is a paper alley which is overgrown with
vegetation and is currently not in use, and constitutes
the remaining portion of an alley abandoned pursuant to
Ordinance No. 4236, adopted on November 13, 1916, was
before Council.
The Planning Commission recommended that Council
approve the request, subject to the following conditions:
180
ACTION:
that the applicant agrees to submit to the
City for review, approval and recordation, a
plat of subdivision providing for the
combination of all lots that would otherwise
be left landlocked and the proper division of
the vacated rights-of-way; and
that the applicant agrees that if the subject
subdivision plat and performance guarantee are
not recorded and provided as stated above
within a period of twelve (12) months from the
date of the ordinance providing for the
closure, said ordinance shall become null and
void without any further action by City
Council being necessary.
(For full text , see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the following Ordinance
be placed upon its first reading:
(#30725) AN ORDINANCE permanently vacating,
discontinuing and closing certain public right-of-way in
the City of Roanoke, as is more particularly described
hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 150.)
The motion was seconded by Mr. White.
The Vice-Mayor inquired if there were persons
present who would like to address Council with regard to
the request for alley closure. There being none,
Ordinance No. 30725 was adopted, on its first reading, by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser ..... 6.
NAYS: None
0
(Mayor Taylor was absent.)
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,
October 14, 1991 , at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Lady Bird
Apparel, Inc., a Virginia Corporation, that property
located at 1255 Williamson Road, S. E., identified as
181
ACTION:
Official Tax Nos. 4030210 - 4030212, inclusive, and
4030222, be rezoned from I~t, Light Manufacturing
District, to C-2, General Commercial District, the matter
was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World News on Friday, September 27, 1991, and Friday,
October 4, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to
provide for indoor retail sales and office use in one of
the existing buildings on the subject property and light
manufacturing uses, with incidental retail sales, in the
second building, was before Council.
The Planning Commission recommended that Council
approve the request for rezoning, advising that the
rezoning would be a logical extension of the general
commercial district to the west of the site and would
provide for the proposed adaptive reuse of the property;
and in addition, the proposed mixed use concept of the
site would be compatible with the adjoining land use in
the area, and would be in keeping with the
recommendations of the comprehensive plan by facilitating
the redevelopment and reuse of a declining industrial
center and creating new Jobs, as well as increasing
investment in the City's downtown.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the following Ordinance be
placed upon its first reading:
(#30726) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
403, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City.
(For full text of Or~inance, see Ordinance Book No. 53,
page 152.)
The motion was seconded by Mr. Fitzpatrick.
The Vice-Mayor inquired if there were persons in
attendance who would like to address Council with regard
to the request for rezoning. There being none, Ordinance
No. 30726 was adopted on its first reading by 'the
following vote:
182
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser .... 6.
NAYS: None
0
(Mayor Taylor was absent.)
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,
October 14, 1991, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Ms. Evelyn L.
Gish that a tract of land located on U. S. Route 460
(Orange Avenue, N. E.), identified as a combination of
Official Tax Nos. 7110106 and 7110122, be rezoned from
RS-3, Residential Single Family District, to C-2, General
Commercial District, the matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World News on Friday, September 27, 1991, and Friday,
October 4, 1991.
(See publisher's affidav~t on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to
provide for conversion of an existing residential
structure to a flower shop, was before Council.
The Planning Commission recommended that Council
approve the request for zoning, advising that the
rezoning is a logical extension of the more intensive,
highway oriented commercial uses to the south and west of
said property; and rezoning for the specific purpose of
a florist shop would provide a transitional buffer area
and less intensive nonresidential use between the highway
traffic and more intensive commercial land uses to the
potential residential areas to the east.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
183
ACTION:
ACTION:
(#30727) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
711, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 53,
page 153).
The motion was seconded by Mr. Harvey.
The Vice-Mayor inquired if there were persons in
attendance who would like to address Council with regard
to the request for rezoning. There being none, Ordinance
No. 30727 was adopted on its first reading by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser .... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
.CONSENT AGENDA
The Vice-Mayor advised that all matters listed under
the Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
attention to two requests for Executive Sessions to
discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; and
specific legal matters requiring the provision of legal
advice by counsel, being the terms and conditions of
proposed agreements for development of a regional
landfill facility, pursuant to Sections 2.1-344 (A) (1)
and 2.1-344 (A) (7), respectively, Code of Virginia
(1950), as amended.
MINUTES: Minutes of the regular meetings of Council
held on Monday, June 3, 1991, Monday, June 10, 1991,
Monday, June 17, 1991, and Monday, June 24, 1991, were
before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reading of the minutes
be dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. Bowers and
adopted by the following vote:
184
ACTION
ACTION=
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser ..... 6.
NAYS: None,
(Mayor Taylor was absent.)
COUNCIL: A communication from Vice-Mayor Howard E.
Musser requesting an Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the
request of the Vice-Mayor to convene in Executive Session
to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344
(A) (1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser .... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss specific legal matters
requiring the provision of legal advice by counsel, being
the terms and conditions of proposed agreements for
development of a regional landfill facility, pursuant to
Section 2.1-344 (A) (7), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions
of proposed agreements for development of a regional
landfill facility, pursuant to Section 2.1-344 (A) (7),
Code of Virginia, (1950), as amended. The motion was
seconded by Mr. Bowers and adopted by the following vote:
185
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser ..... 6.
NAYS: None- 0.
(Mayor Taylor was absent.)
ANIMALS/COMPLAINTS: A report of the City Manager
with regard to concerns expressed by Ms. Dottie Sink
relative to the ordinance regulating the number of cats
per household, was before Council.
It was advised that the Director of Administration
and Public Safety met with Ms. Sink and Dr. Finkler,
member of the Roanoke Valley S.P.C.A. Board, to review
the matter; that additional information will be obtained
from the Humane Society of the United States and the
American Humane Association on the regulation of cats;
and the information will be shared with Ms. Sink and Dr.
Finkler to determine if other options are available.
It was further advised that the Director of
Administration and Public Safety will work with Mrs. Sink
and Dr. Finkler to form a group to promote the education
of pet owners concerning spaying and neutering both cats
and dogs; that it is hoped that a focused educational
program can be developed by a team of people from the
S.P.C.A., Roanoke Valley Veterinarian Association, other
concerned animal owner groups, the local media and the
City; and Council will be provided with a progress report
in the future.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser-- 6.
NAYS: None -0.
(Mayor Taylor was absent.)
PARKS AND PLAYGROUNDS-RECREATION DEPARTMENT-CITY
PROPERTY: A status report of the City Manager with
regard to a presentation by Mr. Russell Potter on Monday,
April 8, 1991, concerning Friday evening and intermittent
Saturday use by the Roanoke Valley Chess Club of the
Grandin Court Recreation Center, was before Council.
186
ACTION:
The City manager advised that Mr. Potter has secured
another location in which to host his intermittent
Saturday meetings, however, the Chess Club still meets on
Fridays from 7:00 p.m., to 11:00 p.m., at the Grandin
Court Recreation Center, where the City continues to pick
up the approximately $5/hour expense; that he intends to
brief Council in November regarding the nature and number
of organizations seeking services or financial support
from the City, and a proposal for dealing with such
requests on a city wide, rather than organization-by-
organization basis; and for the time being the Parks and
Recreation Department will continue to absorb the cost of
providing the Chess Club with this service.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser .......... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
TRAFFIC-COMPLAINTS: A report of the City Manager
with regard to the volume of vehicular traffic, as well
as parking, congregating and pedestrian activity in the
Williamson Road area, was before Council.
It was advised that during September, special police
patrols continued on Williamson Road, Preston Avenue,
Troy Avenue and other nearby streets where vehicular
movement appeared to be displaced from Williamson Road
and Preston Avenue; that between September I and
October 6, officers placed 25 charges in these areas;
that 11 of the 25 people charged were from different
localities within a §0 mile radius of Roanoke; and these
arrests are in addition to 48 traffic summonses issued on
Williamson Road between 6:00 p.m., and 7:00 a.m., during
the month of September.
The City Manager explained that violators continue
to be a mixture of Juveniles and young adults with the
vast majority being over 18 years of age; that the result
of this effort is a marked reduction in parking,
187
ii
ACTION:
ACTION:
ACTION:
gathering and pedestrian activity in the areas where
crowds tend to gather; and the Police Department will
continue to monitor the activity and address problems as
they arise.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser-' 6.
NAYS: None
(Mayor Taylor was absent.)
PENDING LIST: A list of items pending from July 10,
1978, through September 23, 1991, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mrs. Bowles moved that the pending list be received
and filed. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser .... 6.
NAYS: None' 0.
(Mayor Taylor was absent.)
ECONOMIC DEVELOPMENT COMMISSION: A communication
from Mr. L. Graham Haynie tendering his resignation as a
member of the Economic Development Commission, was before
Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be received
and filed and that the resignation be accepted with
regret. The motion was seconded by Mr. Bowers and
adopted by the following vote:
188
ACTION:
ACTION:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser ................... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
SCHOOLS: A report of qualification of Mr. William
R. Reid as a member of the Virginia Western Community
College Board for a term ending June 30, 1995, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser ........ 6.
NAYS: None 0.
(Mayor Taylor was absent.)
YOUTH: A report of qualification of Mr. Ronald L.
Turner as a member of the Youth Services Citizen Board
for a term ending May 31, 1994, was ~efore Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser ................... 6.
NAYS: None .0.
(Mayor Taylor was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SHERIFF-~ITY JAIL: A communication from the
Honorable W. Alvin Hudson, City Sheriff, advising that
the Roanoke City Jail was occupied on June 26, 1979; that
at that time, the jail was designed to have an operating
189
II
capacity of 162 inmates and had a total of 203 cells,
including temporary holding cells, separation cells, and
medical housing cells; and due to the increasing number
of prisoners being committed to Jail each year, two
inmate housing areas were completed which Increased the
number of cells to a total of 245 cells, as well as
increasing the operating capacity to 216 inmates.
Sheriff Hudson further advised that the Jail could
not accommodate the continuing increasing numbers of
prisoners being committed to the Jail each year; that to
prevent having inmates actually sleep on the floors of
cells, every possible cell which could accommodate
another bunk has now been equipped with two bunks
although the cells are designed as one man cells; that
presently, the Roanoke City Jail has a total of 245 cells
equipped with 421 beds; and on September 15, 1991, the
jail reached another all time high count of 428 inmates,
which is 212 inmates more than the Jail's designated
operating capacity and exceeds the ability of personnel
to ensure a safe and secure facility.
The Sheriff explained that approximately 200 more
inmates are being housed in the Jail daily than its
designated operating.capacity which is 216 inmates; that
to supervise 400 inmates, additional staff is needed
immediately; that presently, the Jail has a staff of 102
people which includes all support personnel, i.e.
counselor, librarian, cooks, etc.; and each floor is
normally manned on the 3/11 and 11/7 shifts by two
deputies who are required to supervise from 100 to 168
inmates.
Sheriff Hudson pointed out that the Jail cannot be
expanded physically, and support facilities cannot
accommodate anymore inmates; that he and the City
Administration are presently studying alternatives to the
problem and should have a report for Council in the near
future; that the Jail has one unfinished pod, and he has
requested funding from the Federal Government through a
program provided by the U. S. Marshal's Service to
complete the pod; that if the pod is completed, it would
add another 42 beds, at an estimated cost of $630,000.00;
that continued operation of the Roanoke City Jail under
the present overcrowded and understaffed conditions may,
in addition to other more serious consequences, result in
having to house inmates in other Jails at a cost which
could range from $14.00 to $90.00 per day per inmate,
payable solely by the City of Roanoke, assuming that
other Jails may be able to provide bed space, however,
presently, this is not a viable alternative since every
Jail in Virginia has the same problems as the Roanoke
City Jail.
190
ACTION:
ACTION=
Sheriff Hudson Tecommended that Council authorize
the funding of 11 additional full time positions in the
Sheriff's Office, with five deputy sheriffs, one cook and
one paramedic position being filled immediately, and four
deputy sheriff positions would be filled only should he
believe it absolutely necessary after further monitoring
of the overcrowding conditions along with available
funding.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30728-101491) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 134.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30728-101491. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser ......... 6.
NAYS: None. 0.
(Mayor Taylor was absent.)
The City Manager submitted a written report
concurring in the recommendation of the Sheriff.
(For full text, see report on file in the City Clerk's
Office.)
Following discussion of the matter, Mr. Bowers moved
that the report of the City Manager be received and filed
and that the Mayor be requested to forward a
communication to the City's representatives to the
General Assembly and to appropriate State officials
advising that the City has had to assume the
responsibility of appropriating funds in order to insure
the safety of the Jail, and the City has been placed in
a position of having to fund salaries of State employees;
and further that the matter be included as a part of the
City's 1992 Legislative Program. The motion was seconded
by Mr. Harvey and adopted.
191
ii
ACTION:
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
STREETS AND ALLEYS: The City Manager submitted a
written report advising that Thirlane Road, N. W., as
part of the City's agreement with United Parcel Service,
has been widened, realigned, and is open to traffic; that
existing right-of-way, where the road was realigned, is
no longer needed; that the Roanoke Regional Airport
Commission donated a right-of-way for the new alignment
of Thirlane Road in exchange for the old right-of-way
when it was no longer needed, with right-of-way to then
revert to the Airport Commission; and the old right-of-
way in two locations is no longer needed and needs to be
vacated, discontinued and closed.
The City Manager recommended that he be authorized
to apply, on behalf of the City, to file all necessary
applications for vacating, discontinuing, and closing two
portions of Thirlane Road, N. W.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
recommendation of the City Manager. The motion was
seconded by Mr. Bowers and adopted.
SCHOOLS-TRAFFIC: The City Manager submitted a
written report with. regard to installation of school
speed limit signs with flashers, advising that flashers
for schools and school crossings are presently in place
for 18 schools throughout the City; that flashers provide
added emphasis to motorists traveling through school
areas where such emphasis is needed due to traffic
conditions; that Section 20-49, Speed generally, of the
Code of the City of Roanoke (1979), as amended, states
that no person shall drive upon any highway in the City
at a speed in excess of 25 miles per hour, or such other
maximum posted speed limit, when passing a school or
through a school area during recess or while children are
going to or leaving school; that other maximum speed
limits can be established for school zones by resolution
of Council after Justification for a decreased speed
limit has been shown by an engineering and traffic
investigation, provided markers are placed on the highway
so as to indicate the location of the school, and
provided that the decreased speed limit is conspicuously
posted; and the City School Administration periodically
192
requests the City Engineering Department to investigate
school areas which they believe to be potentially
hazardous due to changes in traffic patterns and/or
student enrollment patterns.
It was further advised that the study by the City's
Engineering Department reveals the need for installation
of school speed limit signs with flashers in the
following areas:
1. Salem Turnpike~ N. W.~ at Westwood Boulevard
near Fairview Elementary School - School crossing speed
limit (25 mph) signs with flashers are needed for
eastbound and westbound Salem Turnpike approaches to
Westwood Boulevard, based upon existing 35 mph speed
limit and sight clearance restrictions caused by the
vertical and horizontal curvature of Salem Turnpike.
2. Ninth Streett S. E.t adjacent to Stonewall
Jackson Middle School - School speed limit (25 mph) signs
with flashers are needed for northbound and southbound
Ninth Street, S. E., approaches to Jackson Middle School
(bounded approximately by Highland Avenue and Montrose
Avenue), based upon existing 30 mph speed limit, noting
that there are school-crossing speed limit 25 mph signs
already in place on Ninth Street, S. E., in the vicinity
of Penmar Avenue for Morningside Elementary School
students.
It was explained that the cost to implement the
abovestated improvements is estimated at $8,000.00 for
each school area, or a total of $16,000.00, which funds
are available in the Capital Improvement Reserve -
Streets and Bridges Account No. 008-052-9575-9181.
The City Manager recommended that Council concur in
the installation of school speed limit signs with
flashers at the proper locations near Fairview Elementary
School and Stonewall Jackson Middle School; and
appropriate $16,000.00 from Capital Improvement Reserve -
Streets and Bridges, Account No. 008-052-9575-9181 to
School Speed Limit Flashers.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency budget
Ordinance:
193
il
ii
tl
ACTION:
ACTION:
(#30729-101491) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 135.)
Mr. Bowers moved the adoption of Ordinance No.
30729-101491. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser ........... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
INDUSTRIES: The City Manager having previously
submitted a written report with regard to a Minority
Business Plan, he requested that the report be withdrawn.
Mr. Fitzpatrick moved that Council concur in the
request to withdraw the report from the agenda. The
motion was seconded by Mrs. Bowles and adopted.
GRANTS-HUMAN RESOURCES-YOUTH: The City Manager
submitted a written report with regard to a United States
Department of Health and Human Services' Runaway and
Homeless Youth Grant, advising that the Crisis
Intervention Center (Sanctuary) has previously operated
with a waiting list for services; that the grant provides
outreach services which has had an impact on 73 families
since January 1990, and the waiting list has been
virtually reduced from as many as 20 to zero; and
presently two full-time staff positions provide
outpatient and early intervention services for diversion
from court involvement or entering into residential and
out-of-family-placement.
It was further advised that a grant has been
received for a third year in the amount of $68,815.00 for
the City's Crisis Intervention Center Outreach Program,
for the period September 1, 1991 through August 31, 1992;
that the grant includes expansion funds of $21,959.00
which will allow for reclassification of a social worker
case aide to Counselor I; that the total grant project
period covers three years from September 1, 1989 through
August 31, 1992; and the City's in-kind contribution of
$6,882.00 will be in applying management time, clinical
supervision and office space.
194
ACTION:
ACTION:
The City Manager recommended that he be
authorized to accept the United States Department of
Health and Human Services Runaway and Homeless Youth
Program Grant, No. 03CY0269/03; and that Council
appropriate $68,815.00 of Federal grant funds to revenue
and expenditure accounts to be established in the Grant
Fund by the Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30730-101491) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 136.)
Mr. Fitzpatrick moved tile adoption of Ordinance No.
30730-101491. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser--' 6.
NAYS: None
®
(Mayor Taylor was absent.)
Mr. Fitzpatrick offered the following Resolution:
(#30731-101491) A RESOLUTION authorizing the
acceptance of United States Department of Health and
Human Services' Runaway and Homeless Youth Program Grant
No. 03CY0269/03 made to the City and authorizing the
acceptance, execution and filing of any documents
necessary to obtain such grant.
(For full text of Resolution, see Resolution Book No. 53,
Page 137.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30731-101491. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council ~embers Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser-- 6.
NAYS: None 0.
(Mayor Taylor was absent.)
195
,!
ACTION:
FIRE DEPARTMENT: The City Manager submitted a
written report with regard to Change Order No. 1 for
Fire Station No. 14 located on Mecca Street at Orange
Avenue, N. E., advising that a contract was entered into
with Loeb Construction Company, in the amount of
$530,700.00, with 240 consecutive calendar days
construction time; and project contingency funds were
approved by Council in the amount of $37,300.00.
It was further advised that during site grading,
rock was encountered that had to be removed by blasting,
and, in addition, an area was encountered that required
controlled fill to correct; that excavation for footings
uncovered a complete void (cave-in) under the apparatus
room wall; and electric service to Fire Station No. 14 is
from a utility pole below City property on the Orange
Avenue side, and Appalachian Power Company has requested
than an additional empty conduit be provided for their
service conductors in case of failure of one of the
primary conductors.
Additionally, the City Managaer explained that in
reviewing shop drawings for the Apparatus Room overhead
doors, the City Engineer's Office realized that the doors
were being supplied without safety edges on the bottoms,
and called attention to the need for four safety edges
and installation.
The City Manager recommended that Council authorize
issuance of Change Order No. 1 to the contract with Loeb
Construction Company, in the amount of $9,252.63 and no
additional days for construction time, for a total
contract amount of $539,952.63.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30732-101491) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 1 to the City's
contract with Loeb Construction Company, for the
construction of Fire Station No. 14; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 137.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30732-101491. The motion was seconded by Mr. White and
adopted by the following vote:
196
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser--- 6.
NAYS: None 0.
(Mayor Taylor was absent.)
YOUTH-JUVENILE DETENTION HOME: The City Manager
submitted a written report with regard to Change Order
No. 1 for the Crisis Intervention Center located on Route
660, Coyner Springs, advising that the contract was
awarded to Williams Painting and Remodeling, Inc., in the
amount of $487,234.00, with 210 consecutive calendar days
construction time, and a project contingency fund was
approved by Council in the amount of $34,100.00.
It was further advised that contract documents show
that Appalachian Power Company will extend its electric
service from the Nursing Home to a utility pole at the
property line of the three acre site set apart for the
project; that the contractor is required to stub out a
conduit for the electric service entrance to a point five
feet from the building; and the contractor needs to be
compensated for "Aid to Construction" to Appalachian
Power Company to install conductors from the pole to the
service side of house power, at a cost of $5,013.00.
It was explained that the City of Roanoke Standard
General Conditions and other standard specifications were
given to the architectural and engineering firm to use
with project specifications; that General Conditions
stated that building permit fees would be waived, which
is standard for City projects, however, since the project
is in Botetourt County, the contract requires a permit
fee of $1,051.05; and an additional beam is required to
support a carry truss which was shown without proper
bearing at a cost of $575.76.
The City Manager recommended approval by Council of
issuance of Change Order No. 1 to the contract with
Williams Painting and Remodeling, in the amount of
$6,639.81, and 40 additional consecutive calendar days
construction time, for a total contract amount of
$493,873~81.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency Ordinance:
il
ACTION:
(#30?33-101491) A ORDINANCE approving the City
Manager's issuance of Change Order No. 1 to the City's
contract with Williams Painting and Remodeling, Inc., for
the construction of the Crisis Intervention Center
Building; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 138.)
Mr. White moved the adoption of Ordinance No. 30733-
101491. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser- --6.
NAYS: None
(Mayor Taylor was absent.)
BUDGET-SEWERS AND STORM DRAINS-WATER DEPARTMENT:
The City Manager submitted a written report with regard
to stormwater discharge permit requirements which were
published in the November 16, 1990, Federal Register by
the Environmental Protection Agency (EPA), advising that
individual industrial permits are required for several
City facilities; and the following facilities will
require a permit prior to May 18, 1992: landfills
(existing and closed) where stormwater is concentrated
and is likely to come in contact with refuse, Wastewater
Treatment Plant, Public Works Service Center, and vehicle
maintenance faciliti~s.
It was further advised that Individual Industrial
Permits require general use information, topographic
maps, and background stormwater monitoring and testing;
that Municipal Permits for municipalities with a
population between 100,000 and 250,000 are due prior to
May 18, 1992; that a preliminary census count shows the
City under 100,000; that in anticipation of the final
census count, City staff is not recommending that the
City proceed with a Municipal Permit at this time; and if
the need should arise for a Municipal Permit, staff
believes that the City should have basis to receive a one
year extension to file for a Municipal Permit.
It was further advised that a request for proposals
was advertised during June 1991, and staff members
interviewed nine firms, with Hayes, Seay, Mattern &
Mattern, Inc., having been ranked as the top offeror by
the selection committee to perform the work necessary to
complete the required Individual Industrial Stormwater
198
ACTION:
ACTION:
Discharge Permits, in the amount of $84,000.00, with a
provision that the consultant will train City personnel
on how to obtain stormwater samples, which will result in
substantial savings over the life of the five-year
permit.
The City Manage~ recommended that he be authorized
to execute a lump sum contract with Hayes, Seay, Mattern
& Mattern, Inc., in the amount of $84,000.00, in a form
to be approved by the City Attorney; and that the
Director of Finance be authorized to transfer $84,000.00
from Account No. 008-052-9673, NPDES Permits, to
Individual Industrial Permits.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency budget
Ordinance:
(#30734-101491) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 139.)
Mr. Bowers moved the adoption of Ordinance No.
30734-101491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser ................... 6.
NAYS: None
(Mayor Taylor was absent.)
Mr. Bowers offered the following Resolution:
(#30735-101491) A RESOLUTION authorizing the
execution of a contract with Hayes, Seay, Mattern &
Mattern, Inc., to provide certain professional services,
specifically the completion of applications for
Individual Storm Water Discharge Permits for certain
City-owned facilities.
(For full text of Resolution, see Resolution Book No. 53,
Page 140.)
Mr. Bowers moved the adoption of Resolution No.
30735-101491. The motion was seconded byMr. Fitzpatrick
and adopted by the following vote:
199
il
II
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser-- 6.
NAYS: None 0.
(Mayor Taylor was absent.)
WATER DEPARTMENT-SEWERSANDSTORMDRAINS-BUDGET-CITY
ENGINEER: The City Manager submitted a written report
advising that Stormwater Discharge Permit requirements
were published in the'November 16, 1990, Federal Reqister
by the Environmental Protection Agency (EPA); and
Individual Industrial Permits are required under current
regulations for the following City facilities: landfills
(existing and closed) where stormwater is concentrated
and is likely to come in contact with refuse, Wastewater
Treatment Plant, Public Works Service Center, and vehicle
maintenance facilities, which facilities will require a
permit prior to May 18, 1992.
It was further advised that Individual Industrial
Permits require topographic maps to assist in locating
proper monitoring locations and to plan for remediation
activities; and Carvins Cove Water Treatment Works
improvements include approximately 13 miles of waterline
construction through the northern portion of the City
and a portion of Roanoke County; and planning and design
of waterline construction requires accurate topographic
and planimetric mapping.
It was explained that City staff anticipated the
substantial mapping required for the Individual
Industrial Permits and other engineering design contracts
such as Carvins Cove Waterline Improvements, and
developed a cost effective program for procurement of
mapping for the next five years; that aerial photographs
of the entire City were obtained during the first week of
April 1991; that a Request for Proposals was advertised
during June 1991, and staff members interviewed seven
firms; and Lumsden A~sociates, P. C., was determined to
be the top ranked offeror by the selection committee to
perform the necessary ground control, ground surveys,
monumentations, stereoscopic triangulation, and mapping,
in the amount of $92,975.00.
The City Manager recommended that he be authorized
to execute a lump sum contract with Lumsden Associates,
P.C., in the amount of $92,975.00 for ground control and
selected mapping and $40,000.00 for Carvins Cove Mapping,
200
ACTION:
ACTION:
in a form to be approved by the City Attorney; and
authorize the Director of Finance to transfer $97,087.00
from Account No. 008-052-9673, NPDES Permits, to City
Wide Mapping.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick
budget Ordinance:
(#30736-101491)
offered the following emergency
AN ORDINANCE to amend and reordaln
certain sections of the 1991-92 Capital
Appropriations, and providing for an emergency.
Fund
(For full text of Ordinance, see Ordinance Book No. 53,
page 141.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30736-101491. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser- 6.
NAYS: None 0.
(Mayor Taylor was absent.)
Mr. Fitzpatrick offered the following Resolution:
(#30737-101491) A RESOLUTION authorizing the
execution of a contract with Lumsden Associates, P.C., to
provide certain engineering services, specifically ground
control for the entire City, mapping for selected sites,
and mapping related to the Carvins Cove Waterline
Improvements.
(For full text of Resolution, see Resolution Book No. 53,
Page 142.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30737-101491. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser ..... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
201
DIRECTOR OF FINANCE:
BONDS: ~he Director of ~inance submitted a written
report with regard to the possible refunding of 1985
Public Improvement Bonds, Series 1985.
It was advised that the City Administration is
making preparations to sell all or part of the bonds that
have been previously authorized but so far have remained
unissued; and as interest rates continue to decline, it
appears that a bond sale would be advantageous to the
City of Roanoke during the latter part of calendar year
1991.
Mr. Schlanger pointed out that interest rates on
municipal bonds have significantly declined since the
City issued bonds in 1985; that the nominal interest cost
on the 1985 issue was 7.8739 per cent; that current bond
indices anticipate a refunding issue interest rate to be
in the low six per cent range; and expected direct
savings from a refuhding transaction is estimated at
$407,468.00 (present value).
The Director of Finance advised that the City should
consider using this refunding as an opportunity to
restructure the 1985 issue in order to extend the final
maturity from the year 2000 to the year 2005; that during
the past year, two significant projects (conference
center and jail annex) have created funding requirements
for consideration by Council; and these unforeseen public
improvements and a weak national and state economy have
created fiscal stress on the City's ability to adequately
fund capital projects from general fund operating
revenues.
Mr. Schlanger pointed out that a restructuring and
extension of the 1985 issue would permit the City of
Roanoke to smooth out annual general fund debt service
requirements which currently peak in fiscal years 1992,
1993, and 1994; and in order to have flexibility to
consider this financial alternative, the City is required
by State law to submit a refunding application to the
State Council on Local Debt.
The Director of Finance recommended adoption of a
resolution approving the refunding of the City's
$15,800,000.00 outstanding principal amount of City of
Roanoke, Virginia, Public Improvement Bonds, Series 1985,
dated August 1, 1985, advising that if approved by the
202
State Council on Local Debt, he will then prepare a
comprehensive report to Council setting forth
recommendations on a late calendar year 1991 bond sale.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following Resolution:
(#30724-101491) A RESOLUTION approving the
refunding of the City's $15,800,000 outstanding principal
amount of City of Roanoke, Virginia, Public Improvement
Bonds, Series 1985, dated August 1, 1985, and maturing
August 1, 1992, to August 1, 2000, both inclusive, and
authorizing the Director of Finance and other City
officials to seek the approval of the State Council on
Local Debt with respect to the issuance of "Refunding
Bonds" for such purpose pursuant to Section 15.1-227.46,
Code of Virginia (1950), as amended, and the "Guidelines
for Approval of Refunding Bonds by the State Council on
Local Debt" adopted by the State Council on Local Debt
thereunder.
(For full text of Resolution, see Resolution Book No. 53,
Page 133.)
ACTION:
Mr. Bowers moved the adoption of Resolution No.
30724-101491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser ..... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
CITY ATTORNEY:
CITY CODE-TAXES-LICENSES: The City Attorney
submitted a written report advising that the 1991 Session
of the General Assembly amended Section 58.1-3700 of the
Code of Virginia (1950), as amended, to authorize the
governing body of a city to require an applicant for a
business license to provide evidence that the applicant
has paid all delinquent business license, business
personal property, meals, transient occupancy and
admission taxes for which the applicant is liable to the
City prior to receiving a current business license.
2O3
ACTION:
Mr. Dibling further advised that amending the City
Code to implement this power would greatly assist the
City in its efforts to collect delinquent taxes by
allowing the Commissioner of Revenue to require full
payment of past delinquent taxes prior to the issuance of
a business license for the current year.
Accordingly, the City Attorney recommended adoption
of an ordinance amending Section 19-11, Code of the City
of Roanoke (1979), as amended, to incorporate this useful
new authority.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
Ordinance:
(#30738-101491) AN ORDINANCE amending and
reordaining Section 19-11 Application for license~
applicant's oat~, of Chapter 19, License Tax Code, Code
of the City of Roanoke (1979), as amended, to require a
person applying for a business license to provide
evidence that the person has paid all delinquent business
license, business personal property, meals, transient
occupancy and admission taxes due the city prior to
receiving a current business license; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 142.)
Mr. Harvey moved the adoption of Ordinance No.
30738-101491. The motion was seconded byMr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser .... 6.
NAYS: None
®
(Mayor Taylor was absent.)
REPORTS OF COMMITTEES:
SCHOOLS: Council Member William White, Sr., Chair
of a committee appointed by the Mayor to study a bid
received for restoration, renovation and Dp,ration of the
Jefferson High School building as a mixed-use community
center, presented a written .report on behalf of the
committee recommending acceptance of the bid submitted by
the Jefferson Center Foundation (JCF), Ltd.; and that
Council authorize appropriate City officials to enter
into an Agreement, Deed of Lease and Sublease Agreement
204
ACTION:
in order for the Jefferson Center Foundation to restore,
renovate and operate the Jefferson High School building
as a mixed-use community center, subleasing approximately
15,000 square feet to the City, with the form of the
agreements to be subject to approval by the City
Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the following Ordinance be
placed upon its first reading:
(#30739) AN ORDINANCE authorizing the lease of the
Jefferson High School Building and certain property
located within the City for renovation as a mixed-use
community center facility, and authorizing the
appropriate City officials to execute an Agreement and
Deed of Lease therefor.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 154.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser-- 6.
NAYS: None 0.
(Mayor Taylor was absent.)
SEWERS AND STORM DRAINS: Council Member William
White, Sr., Chair of'a committee appointed by the Mayor
to tabulate bids received for alterations to Nos. 4, 5,
and 6 Nitrification Basins at the Water Pollution Control
Plant, presented a written report on behalf of the
committee recommending that Council authorize the City
Manager to enter into a contract with Acorn Construction
Ltd., in the amount of $99,250.00 and a project
contingency of $10,750.00, for a total of $110,000.00,
with 120 consecutive calendar days for completion of the
project; and reject all other bids received by the City.
A report of the City Manager concurring in the
recommendation of the committee was also before Council.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency Ordinance:
205
II
ACTION:
(#30740-101491) AN ORDINANCE accepting the bid of
Acorn Construction, Ltd., made to the City for
construction of alterations to Nos. 4, 5, and 6
Nitrification Basins at the Water Pollution Control
Plant, upon certain terms and conditions, authorizing the
proper City officials to execute the requisite contract;
rejecting other bids made to the City, and providing for
an emergency.
(For full text of Oratnance, see Ordinance Book No. 53,
Page 144.)
Mr. White moved the adoption of Ordinance No. 30740-
101491. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser- 6.
NAYS: None
(Mayor Taylor was absent.)
SEWERS AND STORM DRAINS-WATER DEPARTMENT: Council
Member Elizabeth T. Bowles, Chair of the Water Resources
Committee, presented a written report on behalf of the
Committee, with regard to revocable sewage exempt meters.
A staff report advised that sewage charges are to be
based on water consumption, except in certain instances
as provided in the following City Code sections:
Section 26-25(b) states, tn part, that charges
imposed for sewage treatment for regular City
water customers shall be based upon water
consumed and shown on the customers' periodic
water bills provided that, in lieu of the
above, any customer may at his (her) sole
expense ~eter his (her) sewage, after
receiving written approval of the City Manager
of the method or metering device to be used.
Section 26-27 states "Persons not discharging
the entire volume of water used by them into
the City's sanitary sewer system shall be
allowed a reduction in the charges imposed
under this article, if such persons install,
at their expense, facilities satisfactory to
the City Manager for measuring the volume
either discharged or not discharged into the
City's sanitary sewer system;"
206
ACTION=
It was explained that authority was delegated to the
Director of Utilities and Operations by the City Manager
to determine the appropriate metering device to measure
sewage flow if for some reason the usual and customary
water meter measured flow is not considered appropriate.
It was pointed out that the Falling Creek Filter
Plant should go back on line in September 1991; that
citizens are asking if the residential irrigation sewer
charge exemption program will be reinstated; that some
members of Council have indicated that this decision
should be a policy decision rather than an administrative
decision; that water demand is higher than current
facilities can provide during periods of hot, dry summer
weather; that it is impossible to establish an exemption
program that could change on a day-to-day basis if tied
to the City's capability of meeting water demand based on
the rated capacity of the water system; that sewage flows
are high, with a significant volume of sewage flow being
provided by infiltration/inflow; and a logical basis can
be stated that sewage exemption charges should never be
granted for irrigation purposes for any property that has
a sewer lateral connection to the sanitary sewer line.
The Water Resources Committee recommended that
Council instruct the City Administration to reinstate the
revocable sewage charge exemption policy for residential
irrigation once Falling Creek Filter Plant is back in
operation and, should there be a water shortage in the
future, to announce the water shortage and simultaneously
request all citizens to conserve water.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the
recommendation of the Water Resources Committee. The
motion was seconded by Mr. Bowers and adopted, Mr.
Fitzpatrick abstained from voting inasmuch as one of the
meters in question is installed in his home.
(Mayor Taylor was absent.)
CITY CODE-WATER DEPARTMENT-SEWERSANDSTORMDRAINS:
Council Member Elizabeth T. Bowles, Chair of the Water
Resources Committee, presented a written report on behalf
of the Committee, with regard to amendments to the
Wastewater Code - Pretreatment Program.
A staff report advised that the City's Wastewater
Code lists specific limited and prohibited discharges;
and certain prohibited discharges need to be revised and
others delisted to better administer the pretreatment
program; whereupon the Water Resources Committee
2O7
II
ACTION:
recommended that Council authorize the limiting of
Antimony and Beryllium and the removal of Bismuth,
Cobalt, Molybdenum, Uranium ion, Rhenium, Strontium and
Tellurium from the City's Wastewater Code, in order to
better administer the Pretreatment Program.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
Ordinance:
(#30741-101491) AN ORDINANCE amending and
reordaining subsections (b) and (c) of Section 26-45,
Prohibited discharges generally, of the Code of the City
of Roanoke (1979), as amended, to delist and revise
certain prohibited discharges of metals under the City's
Pretreatment Program; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 145.)
Mrs. Bowles moved the adoption of Ordinance No.
30741-101491. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser- 6.
NAYS: None' 0.
(Mayor Taylor was absent.)
EASEMENTS-SCHOOLS-APPALACHIANPOWER COMPANY-SPECIAL
PERMITS-SWIMMING POOLS: Council Member Elizabeth T.
Bowles, Chair of the Water Resources Committee, presented
a written report on behalf of the Committee, in
connection with an easement for electric service to
Roanoke Valley Swimming, Inc.
A staff report advised that construction of an
indoor swimming pool on Fishburn Park School property was
authorized by Council pursuant to Ordinance No. 30534-
52891, adopted on May 28, 1991, which construction has
commenced.
It was further advised that an agreement requesting
an easement needed byAppalachian Power Company has been
submitted; that the electric power easement serving the
swimming facility ex. tends from an existing transformer
near the westerly end of the school toward McNeil Drive,
S. W., and along the edge of the right-of-way to the new
2O8
ACTION=
building; and an electrtic power line has been installed,
underground, in the easement, which was authorized by the
School Administration, subject to Council's agreement, in
order to pez~it construction to begin on the facility.
The Water Resources Committee recommended that
Council authorize execution of an agreement with
Appalachian Power Company establishing an easement to
provide electric service to Roanoke Valley Swimming, Inc.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30742) AN ORDINANCE authorizing the granting of
an easement to Appalachian Power Company across Flshburn
Park Elementary School property, upon certain terms and
conditions.
For full text of Ordinance, see Ordinance Book No. 53,
page 155)
The motion was s%conded by Mr. Bowers and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser- 6.
NAYS: None 0.
(Mayor Taylor was absent.)
EASEMENTS-APPALACHIAN POWER COMPANY-JUVENILE
DETENTION HOME-SPECIAL PERMITS: Council Member
Elizabeth T. Bowles, Chair of the Water Resources
Committee, presented a written report on behalf of the
Committee, with regard to execution of an agreement with
Appalachian Power Company for an easement to provide
electric service to the Crisis Intervention Center.
A staff report advised that the Coyner Springs
property has been City-owned for many years; and the City
Nursing Home and Juvenile Detention Home are located on
the property, with considerable vacant acreage remaining,
most of which is currently leased for farm use.
It was explained that the Crisis Intervention Center
is being constructed on vacant acreage between the
Nursing Home and the Juvenile Detention Home; and a
electric power easement is needed by Appalachian Power
209
Ii
ACTION:
Company to extend overhead power from an existing pole
near the Nursing Home, along the new access road, to the
site of the new structure.
The Water Resources Committee recommended that
Council authorize execution of an agreement with
Appalachian Power Company establishing an easement to
provide electric service to the Crisis Intervention
Center.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30743) AN ORDINANCE authorizing the granting of
an easement to Appalachian Power Company across City
property located at Coyner Springs, upon certain terms
and conditions.
For full text of Ordinance, see Ordinance Book No. 53,
page 156.)
The motion was seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vide-Mayor Musser ..... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
APPALACHIAN POWER COMPANY-INDUSTRIES-SPECIAL
PERMITS: Council Member Elizabeth T. Bowles, Chair of
the Water Resources Committee, presented a written report
on behalf of the Committee, with regard to execution of
an agreement authorizing installation of a new electric
power pole by Appalachian Power Company on City property
in the Roanoke Centre for Industry and Technology.
A staff report advised that the electric power
service system along U. S. 460, Orange Avenue, N. E., is
being upgraded by Appalachian Power Company; and the
system serves the Roanoke Centre for Industry and
Technology, with the present overhead system having poles
located along the edge of, and within, the right-of-way
of Orange Avenue, N. E.
It is explained that the new Appalachian Power
Company system will involve the use of large cable which
has a greater sag than the current system; that the
supporting system of the City's traffic signal system at
210
ACTION:
the intersection of Orange Avenue and Blue Hills Drive,
N. E., would be in the way of a new power cable if
existing poles only ~ere used; that a new, taller pole is
desired near the northeast corner of the intersection;
that the westbound right turn lane from Orange Avenue, N.
E., into Blue Hills Drive, N. E., extends to the limits
of the right-of-way leaving no room in the right-of-way
for the new pole, which makes it necessary to place the
new pole on City (RCIT) property.
The Water Resources Committee recommended that
Council authorize execution of an agreement permitting
the installation of a new electric power pole by
Appalachian Power Company on City property in the Roanoke
Centre for Industry and Technology.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30744) AN ORDINANCE authorizing the execution of
an agreement with Appalachian Power Company for
installation and maintenance of an electric power pole
upon property located in the Roanoke Centre for Industry
and Technology.
For full text of Ordinance, see Ordinance Book No. 53,
page 157.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser-- 6.
NAYS: None 0.
(Mayor Taylor was absent.)
APPALACHIAN POWER COMPANY-EASEMENTS-DOWNTOWN TOWER
PROJECT-SPECIAL PERMITS: Council Member Elizabeth T.
Bowles, Chair of the Water Resources Committee, presented
a written report on behalf of the Committee, with regard
to execution of an agreement with Appalachian Power
Company for an easement across City property to serve the
Dominion Tower Building.
A staff report advised that property allocation on
the Tower site placed all land between building and
street right-of-way in City ownership for maintenance
and control of trees and other plantings; that the
transformer pad for use by Appalachian Power Company is
ACTION:
located on the Norfolk Avenue, S. E., side of the Tower
adjacent to the structure; that Appalachian underground
power lines must pass through a strip of City-owned
planting area to reach the transformer pad which requires
Council's approval; and the need for an Appalachian Power
Company easement was not recognized in the design phase
inasmuch as the property was considered to be similar to
street right-of-way where franchisees may install their
facilities without action by Council.
The Water Resources Committee recommended that
Council authorize execution of an agreement with
Appalachian Power Company for an easement across City
property to serve the Dominion Tower.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30745) AN ORDINANCE authorizing the granting of
an easement to Appalachian Power Company on Norfolk
Avenue, S. E., upon certain terms and conditions.
For full text of Ordinance, see Ordinance Book No. 53,
page 157.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser- 6.
NAYS: None 0.
(Mayor Taylor was abgent.)
CHESAPEAKE ANDPOTOMAC TELEPHONE COMPANY-EASEMENTS-
SCHOOLS-SPECIAL PERMITS: Council Member Elizabeth T.
Bowles, Chair of the Water Resources Committee, presented
a written report on behalf of the Committee, with regard
to dedication of a utility easement on the Fairview
Elementary School site for use by C & P Telephone
Company.
A staff report advised that modernization of the
telephone system in the northwest section of the City is
being undertaken by C & P Telephone Co.; that one element
of the modernization program is a new electronic
equipment building to be located in the area of Salem
Turnpike and Westwood Boulevard, N. W.; that location of
212
an electronic equipment building on the Fairview
Elementary School site has been requested by C & P; and
School Board approval of the request of C & P has been
received.
ACTION:
The Water Resources Committee recommended that
Council authorize dedication of a utility easement on the
Fairview Elementary School site for use by C & P
Telephone Company, in order to provide for installation
of an electronic equipment building and associated
driveway and underground cables.
(For full text, see ~eports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30746) AN ORDINANCE authorizing the granting of
an easement to C & P Telephone Company across property
located at Fairview Elementary School, upon certain terms
and conditions.
For full text of Ordinance, see Ordinance Book No. 53,
page 158.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser-- 6.
NAYS: None 0.
(Mayor Taylor was absent.)
AIRPORT-SALE/PURCHASE OF PROPERTY: Council Member
Elizabeth T. Bowles, Chair of the Water Resources
Committee, presented a written report on behalf of the
Committee, with regard to transfer of control of two
parcels of property to the Roanoke Regional Airport
Commission, in connection with the airport navigational
system.
A staff report advised that acquisition of a 0.2~
acre parcel of land in Roanoke County on the property of
Helen Richards by Deed dated August 18, 1976, provided
for installation of the Non-Directional Beacon LDA/H
(Outer Marker) for Runway 6 (east-west runway); that the
lease of a 0.21 acre parcel of land located in Roanoke
City on property of St. Elias Catholic Church on Cove
Road, N. W., by lease dated December 31, 1976, provided
for installation of the LDA/MAPM (Inner Marker) for
213
ACTION:
Runway 6; and all City property associated with the
Airport was to be transferred to the Roanoke Regional
Airport Commission when it was formed, however, the two
beacon sites were inadvertentl~ overlooked when the other
properties were transferred to the Airport Commission.
It was explained that a request to transfer City-
owned and City-leased properties to control of the
Roanoke Regional Airport Commission has been received
from the Airport Executive Director; and Roanoke Regional
Airport Commission control of parcels will permit the
Commission to renegotiate or continue leases, as
necessary, with the Federal Aviation Administration for
the beacons.
The Water Resources Committee recommended that
Council authorize the transfer of control of two certain
parcels of property to the Roanoke Regional Airport
Commission, subject 'to receipt of written approval of
assignment of the lease by the lessor, St. Elias Catholic
Church.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30747) AN ORDINANCE authorizing conveyance by the
City to the Roanoke Regional Airport Commission of a
certain .23 acre parcel located in Roanoke County and
assignment by the City to the Airport Commission of a
lease of a certain .21 acre parcel located in Roanoke
City for use in connection with the airport navigational
system, upon certain terms and conditions.
For full text of Ordinance, see Ordinance Book No. 53,
page 159.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser ..... 6.
NAYS: None 0.
(Mayor Taylor was absent.)
214
ACTION:
SALE/PURCHASE OF PROPERTY-FLOOD PLAIN COMMITTEE-
WATER DEPARTMENT-SEWERSAND STORM DRAINS: Council Member
Elizabeth T. Bowles, Chair of the Water Resources
Committee, presented a written report on behalf of the
Committee, with regard to acquisition, demolition and
removal of a certain residential structure from the
floodway of Falling Creek.
A staff report advised that inspection of the
Falling Creek Dam revealed deficiencies in the spillway
and in embankment stability; that in December 1988, the
Virginia Soil and Water Conservation Board approved a
Conditional Operation and Maintenance Permit which
required the City to redress the Dam's deficiencies
within three years; that an Emergency Action Plan for
dams is required by the Virginia Dam Safety Program; that
one element of the program is the removal of structures
located downstream from the Dam in areas likely to be
flooded by Dam failure, particularly those structures
such as residences that would normally be occupied 24
hours a day.
It was explained that one residential structure, a
single family home located directly on the stream bank,
is affected by the requirement that it be removed for
safety purposes; that Mr. and Mrs. Wayne L. Basham,
owners of the property, have accepted an offer, from the
City in the amount of $41,000.00, subject to approval by
Council; and demolition of the structure, removal of
debris, and grading and seeding of the site will require
additional expenditure, as well as legal matters involved
in transfer of the title.
The Water Resources Committee recommended
acquisition, demolition and removal of the residential
structure owned by Mr. and Mrs. Wayne L. Basham, for the
sum of $41,000.00, from the floodway of Falling Creek.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30748-101491) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 147.)
Mrs. Bowles moved the adoption of Ordinance No.
30748-101491. The motion was seconded by Mr. Bowers and
adopted by the following vote:
215
ACTION:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser-- 6.
NAYS: None
®
(Mayor Taylor was absent.)
Mrs. Bowles offered the following emergency
Ordinance:
(#30749-101491) AN ORDINANCE authorizing the
acquisition of a residential structure located downstream
from Falling Creek Dam, upon certain terms and
conditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 148.)
Mrs. Bowles moved the adoption of Ordinance No.
30749-101491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser- 6.
NAYS: None 0.
(Mayor Taylor was absent.)
SALE/PURCHASE OF PROPERTY-POLICE DEPARTMENT-WATER
DEPARTMENT-FIRE DEPARTMENT-CITY PROPERTY: Council Member
Elizabeth T. Bowles, Chair of the Water Resources
Committee, presented a written report on behalf of the
Committee, with regard to execution of a lease extension
agreement for the City's lease of property located at 124
Kirk Avenue, S. W., from James L. Trinkle, C. W. Francis
& Sons, Realtors.
A staff report advised that initial lease of the
property from James L. Trinkle for a two year term, from
December 1, 1988, through November 30, 1990, was
authorized pursuant to Ordinance No. 29372, adopted on
November 21, 1988, with a one year lease extension, from
December 1, 1990, through November 30, 1991, which was
authorized by Ordinance No. 30207-82790, adopted on
August 27, 1990; and the new office quarters for Water
Department, Fire Department and Police Training personnel
are not currently available and will not be available
before the end of the current lease extension on November
30, 1991.
217
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
30750-101491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowles and Vice-Mayor Musser- - ...... 5.
NAYS: None
(Mayor Taylor was absent.)
abstained from voting.)
(Council Member Bowers
UNFINISHED BUSINESS: NONE
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
FIRE DEPARTMENT-SPECIAL PERMITS: Ordinance No.
30713-101491 authorizing assignment of a certain
revocable license for monitoring wells at Fire Station
No. 13, from Kayo Oil Company and Conoco, Inc., to Fast
Fare, Inc., and Crown Central Petroleum Corp., with Fast
Fare, Inc., and Crown Central Petroleum Corp., to be
responsible for and assume all rights, responsibilities,
liabilities and obligations under said revocable license,
as more particularly set forth in a report to Council
under date of September 23, 1991, having previously been
before the Council for its first reading on Monday,
September 23, 1991, read and adopted on its first reading
and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final
adoption:
(#30713-101491) AN ORDINANCE authorizing the
assignment of a certain revocable license for monitoring
wells at Fire Station No. 13, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 132.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30713-101491. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowers, Bowles and Vice-Mayor Musser- 6.
NAYS: None--
e
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
218
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
At 9:25 p.m., the Vice-Mayor declared the meeting in
recess.
At 9:25 p.m., Council Member Bowers left the
meeting.
At 10:13 p.m., the meeting reconvened in the Council
Chamber, with Vice2Mayor Musser presiding, and all
Members of the Council in attendance, with the exception
of Mayor Taylor and Council Member Bowers.
ACTION:
COUNCIL: With respect to the Executive Session Just
concluded, Mr. White moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, White,
Bowles and Vice-Mayor Musser ............... 5.
NAYS: None 0.
(Mayor Taylor and Council Member Bowers were absent.)
There being no further business, the Vice-Mayor declared the
meeting adjourned at 10:15 p.m.
APPROVED
ATTEST:
City Clerk
Vice-Mayor
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
October 21, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, October 21,
1991, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members James G. Harvey, II, Howard E.
Musser, William White, Sr. (left the meeting at 3:55 p.m.), David
A. Bowers, Beverly T. Fitzpatrick, Jr. and Mayor Noel C. Taylor--6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; Wilburn C. Dlbling, Jr.,
City Attorney; Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Douglas
F. C. Keffer, Senior Minister, Edgewood Christian Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
PUBLIC HEARINGS
ZONING: Council at its regular meeting on Monday,
October 14, 1991, having continued a public hearing on
the request of Total Action Against Poverty in the
Roanoke Valley, Inc. (TAP), a Virginia Corporation, that
property located at 3526, 3534, 3538, and 3542 Melrose
Avenue, N. W., 1025 36th Street, N. W., bearing Official
Tax Nos. 2660301-2660304, inclusive, and 2660309 and
2660310, be rezoned from C-2, General Commercial
District, and RM-1, Residential Multi-Family, Low Density
District, to RM-4 Residential Multi-Family, High Density
District, subject to certain conditions, the matter was
again before the body.
220
ACTION
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World News on Friday, September 27, 1991, and Friday,
October 4, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to
provide for construction of a 72-unit elderly and
handicapped housing apartment facility, was before
Council.
The Planning Commission recommended that Council
approve the request for zoning, advising that it is felt
that the proposed facility will upgrade the surrounding
neighborhood and contribute to maintaining the
residential character of this specific portion of Melrose
Avenue.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that the following Ordinance be
placed upon its first reading:
(#30751) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
266, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 166.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons in
attendance who would like to address Council with regard
to the request for r~zoning.
Mr. W. Heywood Fralin, Attorney, representing Total
Action Against Poverty, advised that it is proposed that
the property be rezoned to allow for construction of 72
units of housing for the elderly and handicapped to be
financed by a HUD grant under the Section 202 HUD
Program. He stated that the facility will consist of 72
single family units, with four units initially being
constructed for the handicapped, however, all units will
be convertible to handicapped use. He presented a site
plan which was proffered as a condition to rezoning
setting forth certain amenities to be installed, proposed
parking to be constructed in such a fashion so as to keep
221
vehicles out of view of residential areas, and a bus stop
shelter to be constructed in front of the facility. He
stated that the area is a good location for the facility
due to the existence of numerous shops, churches and
other facilities; that the City Planning Commission
previously expressed concern over the safety of
residents, and pointed out that staff of Melrose Towers,
which is located in the same general area, has reported
that in the last five years they have had no incidents of
intruders or any type of safety problems at their
facility.
Mr. Harvey raised questions with regard to
management of the facility; whereupon, Mr. Fralin advised
that management has not been selected, however, a general
private company from the Roanoke area would be selected
as management agent and would be paid a fee which is
allowed under HUD guidelines, with the actual management
company to be approved by HUD. Mr. Harvey expressed
concern that a private management company would be
allowed to make a profit from managing the facility, but
the City, in turn, would not receive real estate taxes
from the property.
Ms. Kathy M. Cummings, 301 Elm Avenue, S. W.,
Director of Residential Services for Mentally Retarded
People, Mental Health Services, advised that Mental
Health Services supports the request of TAP, not only
because the facility will be aesthetically pleasing for
the Melrose Avenue area, but it will fulfill certain
housing needs. She advised that Mental Health Services
operates a program which is in close proximity to the
proposed facility, that certain issues have been raised
with regard to safety, and she has found the Melrose
Avenue area to be a positive location for their program.
Mr. Michael J. Roebuck, operator of a group home for
four mentally retarded adults, located directly across
from the proposed facility of TAP, advised that no safety
problems have been experienced in the two and one half
years that the group home has been in operation.
The Mayor inquired if there were other persons who
wished to be heard on the request for rezoning. There
being none, Ordinance No. 30751, on first reading, was
adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers,
Fitzpatrick and Mayor Taylor ............ 5.
NAYS: None 0.
(Council Member Whit~ abstained from voting.) (Council
Member Bowles was absent.)
222
ACTION:
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
attention to a request of the City Manager for an
Executive Session to discuss a matter with regard to the
use of real property for public purpose, specifically the
use of property for a transfer station for the proposed
new Regional Landfill facility.
MINUTES: Minutes of the regular meeting of Council
held on Monday, July 8, 1991; the special meeting held on
Monday, July 22, 1991; and the regular meeting held on
Monday, July 22, 1991, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. White moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Fitzpatrick and Mayor Taylor--- 6.
NAYS: None
(Council Member Bowles was absent.)
PARKS ANDPLAYGROUNDS-GARBAGE REMOVAL: A report of
the City Manager with regard to the leaf collection
program, was before Council.
The City ,Manager advised that in the past, the
Department of Parks and Recreation began vacuum leaf
collection service during the first week in November,
with the collection service being repeated upon
completion of the leaf cycle; that as a budget reduction
measure, this year residents will receive a single vacuum
service; and in order to minimize problems associated
with the reduction in collections, the following actions
are planned:
The vacuum service will begin at a later date,
approximately November 18.
The Round Hill area, which has a significant
number of oak trees that generally drop leaves
223
II
ACTION:
late, will become part of a different pick-up
zone, resulting in the Round Hill area getting
leaf service later than in previous years,
with residents having been notified by mail of
this change.
Additional vacuum collections will be
available to residents for a $25.00 fee, and
will be done on an overtime basis (weekends
and late afternoons. Residents may contact
the Parks and Recreation Department to arrange
for this service.
Last year's bagged collection program will
continue, with collection tentatively
scheduled to begin November 4th, with bagged
leaves being picked up at the front curb
weekly, on the same day as refuse collection.
Current plans are for the mulching of bagged
leaves, which will then be made available to
the public. The City will rent, in
conjunction with the County, a portable tub
grinder and a tractor, at a total cost of
$3,400.00 per month.
(For full text, see ~eport on file in the City Clerk's
Office.)
Mr. White moved that the report be received and
filed. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Fitzpatrick and Mayor Taylor--- 6.
NAYS: None 0.
(Council Member Bowles was absent.)
WATER DEPARTMENT-SEWERSAND STORM DRAINS: A report
of the Director of Finance transmitting the following
summary of bulk water/sewer rate changes, effective
July 1, 1991, was before Council.
224
BULK SEWAGE RATES
(per million gallons)
Actual
Rate for
FY91 Based
on FY 90
Expenses
Roanoke County
Town of Vlnton
City of Salem
Botetourt County
Actual
Rate for
FY92 Based
on FY 91 Increase Increase
Expenses Amount Percent
$334.45 $341.28 $6.83 2.04%
331.22 337.81 6.59 1.99%
332.85 339.57 6.72 2.02%
331.22 337.81 6.59 1.99%
ACTION:
ACTION:
BULK WATER RATFS
(per 100 cu. ft. or ?5G gallons)
Actual Actual Increase Increase
Rate Rate (Decrease) (Decrease)
1989-90 1990-91 Amount Percentaqe
Roanoke County $0.70 $0.95 $0.25 35.71%
Town of Vinton 0.85 1.14 0.29 34.12%
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the report be received and
filed. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Fitzpatrick and Mayor Taylor-. 6.
NAYS: None'
®
(Council Member Bowles was absent.)
CIVIC CENTER: A report of qualification of James W.
Burks, Jr., as a member of the Roanoke Civic Center
Commission, for a term ending September 30, 1994, was
before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.) ~
Mr. White moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
225
Itl
ACTION:
AYES: Council Members Harvey, Musser, White,
Bowers, Fitzpatrick and Mayor Taylor- 6.
NAYS: None
(Council Member Bowles was absent.)
ECONOMIC DEVELOPMENT COMMISSION: A report of
qualification of Mark D. Heath as a member of the
Economic Development Commission, for a term ending
June 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. White moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Harvey, Muss,r, White,
Bowers, Fitzpatrick and Mayor Taylor--- --6.
NAYS: None 0.
(Council Member Bowles was absent.)
ACTION:
BUILDINGS (BOARD OF ADJUSTMENTS AND APPEALS,.
BUILDING CODE): A report of qualification of Curtis L.
Ratliff as a member of the Board of Adjustments and
Appeals, Building Code, for a term ending September 30,
1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. White moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Fitzpatrick and Mayor Taylor-- 6.
NAYS: None
e
(Council Member Bowles was absent.)
226
ACTION:
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss and consider a matter
regarding the use of real property for public .purpose,
specifically, the use of property for a transfer station
for the proposed new regional landfill facility, pursuant
to Section 2.1-344 (A)(3), Code of Virginia (1950), as
amended, was before Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss and consider a matter with regard to the use of
real property for public purpose, specifically, the use
of property for a transfer station for the proposed new
regional landfill facility, pursuant to Section 2.1-344
(A)(3), Code of Virginia, (1950), as amended. The motion
was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Harvey,
Bowers, Fitzpatrick and Mayor Taylor---
Musser, White,
6.
NAYS: None 0.
(Council Member Bowles was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC ~4ATTERS:
COUNCIL OF COMMUNITY SERVICES: Mr. Briggs Andrews,
representing the Board of Directors of the Council of
Community Services and Chairman of the Needs Assessment
Committee, appeared before Council in connection with a
valley-wide needs assessment survey, which is currently
being conducted by the Council of Community Services. He
presented copy of survey documents which have been used
throughout the Roanoke Valley, advising that the goal is
to pinpoint the most critical needs for human services
throughout the Roanoke Valley, with the survey being
broken down into the categories of children and youth,
adults, elderly and overall community concern. He stated
that survey documents were transmitted to the United Way
Board of Directors and to the Boards of all United Way
agencies, to staff members of various public social
service agencies, to civic organizations throughout the
local community in search of a more broad based response,
and to clients of a number of service agencies throughout
the region. He pointed out that survey results should be
received by the end of the month and will be broken down
227
ACTION:
into categories, with the results being disseminated to
all responding agencies as well as to local governments.
He stated that in mid-November, a human services assembly
will be held with pa~ticipation by representatives from
all agencies to review survey results, and within certain
broad categories, the goal will be to focus on priority
needs and preliminary methods of addressing needs in a
coordinated fashion. He further stated that in December,
as a part of this process, and as an annual program of
the Council of Community Services, the results of the
survey will be presented to legislative representatives
of the Roanoke Valley to apprise them of priorities, as
well as suggest solutions to problems, with the hope that
as legislative matters come before the Roanoke Valley's
representatives, they will be better able to address
concerns in accordance with priorities that have been
established through the survey.
Mr. Fitzpatrick moved that the oral report of Mr.
Andrews be received and filed with appreciation. The
motion was seconded by Mr. Harvey and adopted.
RIVER PARKWAY/EXPLORE PARK/REGIONAL ZOO: Dr. M.
Rupert Cutler, representing The River Foundation,
presented a status report and an anticipated sequence of
events for Virginia's Explore Park. He advised that
Explore Park's status and future plans, within a
framework of four phases, are: planning and land
acquisition, extensive use and capital campaign,
construction and off-site conferences, and intensive use
with multiplier effect.
Dr. Cutler ex~lained that the Commonwealth of
Virginia and the Federal Goverlunent have invested $11.25
million and $15.5 million, respectively, and Phase I has
essentially been completed which consists of
approximately 1300 acres of private land along the
Roanoke Valley gorge between the Blue Ridge Parkway and
Smith Mountain Lake in Roanoke and Bedford Counties
having been purchased from willing sellers. He advised
that the land cannot be encumbered or sold, and
regardless of the fate of the unique Explore Park
project, this beautiful and extensive tract of land,
which is Just 15 minutes from the Municipal Building,
will always be available to the public as open space and
as an outdoor classroom in the State's park system, if
not run as a separate entity of the Virginia Recreational
Facilities Authority.
Dr. Cutler noted that planning initiatives which
have been completed include a Roanoke River greenway
protection study, a conceptual master plan for long term
development of the park, national park service studies of
alternative routes for a parkway spur from the Blue Ridge
228
Parkway to Explore Park, designation of six natural areas
within the Park to protect the park's scientific,
educational and wildlife habitat value, and a revision of
the original Blue Ridge Town Plan to incorporate recent
suggestions of local historic preservationists and
architectural historians. He pointed out that at the
present time, the project is in the "extensive use and
capital campaign" phase because gates to the park cannot
be opened to the general public until the National Park
Service parkway spur is complete inasmuch as Explore Park
officials would breach their promise to neighbors along
the rural road that they would not "swamp" them with
traffic. Therefore, he stated that organized groups, on
a reservation only basis, can be offered such extensive
park use opportunities as tours of the park, which could
include a box lunch for small groups, conferences in the
Roanoke area, educational visits to the historic
farmstead construction site by fourth graders which will
be led by volunteers from the Junior League of Roanoke
Valley, hiking and overnight camping by Boy Scout troops
and Explore posts, birding trips by the Roanoke Bird Club
and others, water quality sampling, other field trips by
classes from the Governor's School for Science and
Technology, and classes taught at Explore Park by
Virginia Tech Fisheries and Wildlife Sciences faculty.
Dr. Cutler explained that construction will commence
this fall on the 1837 Hofauger Farms%ead at the Park's
Blue Ridge town site, which was the focus of a
groundbreaking ceremony in SeptemDer; that the farmhouse
will be under roof late this fall; and next year out
buildings will be created, historically appropriate crops
will be planted and appropriate minor breeds of domestic
livestock will be in place. He stated that construction
of the $10 million parkway spur from the Blue Ridge
Parkway to Explore Park through the Blue Ridge town site
will begin as soon as the City of Roanoke, the County of
Roanoke and the Town of Vinton have closed the Regional
Landfill along the Roanoke River adjacent to the park and
provide the U. S. Department of the Interior with a
right-of-way across the landfill, advising that this two
year construction project will provide many Jobs for
Roanoke residents; and plans call for completion of the
parkway spur by August 1994, thus, the name for the first
development plans, "Explore 94."
Dr. Cutler pointed out that when the parkway spur is
completed, Explore Park will be opened to the general
public which will be invited to enjoy several activity
centers, such as the historic Farmstead at the Blue Ridge
town site, the Environmental Education Center, a new
bridge across the Roanoke River in order to walk through
the first set of zoological exhibits in the so called
"North American Wilderness Park" on the north side of the
229
ACTION:
river; and certain species of animals contemplated to be
included in Explore Park by 1994 include the gray wolf,
bobcat, lynx, black bear, bison, elk, river otter, mink
and a variety of woodland birds, birds of prey and water
fowl.
Dr. Cutler advised that upon completion of the
parkway spur and opening of Explore Park to the general
public three years from now, several hundred thousand
tourists will visit the park, attending evening country
music and dancing performances, enjoying Indian pow wows
on what is now a landfill site, and spending summer
evenings at a concert series at an outdoor pavilion,
occupying Roanoke Valley motels, eating establishments
and otherwise helping to keep Roanoke "green" with their
tax dollars.
In conclusion, Dr. Cutler advised that reopening of
the Hotel Roanoke, construction of the Convention and
Trade Center, and opening of Explore Park are viewed as
mutually complimentary and reinforcing investments in the
Roanoke Valley's economic health, and the City of Roanoke
will derive many benefits from Explore Park.
Mr. Musser moved that the remarks of Dr. Cutler be
received and filed. The motion was seconded by Mr.
Harvey and adopted.
LEGISLATION-REFUSE COLLECTION/RECYCLING: Mr.
Shaun P. Carroll, representing the Blue Ridge
Environmental Network, which includes the Cabell Brand
Center, Roanoke Sierra Club, Plow Share Peace Center,
Friends of the Roanoke River, Mill Mountain Garden Club,
Citizens Task Force for National Forest Management, Floyd
Environmental Action Team, Benchmark Engineering Services
and the Clean Valley Council (with the stipulation that
curb side recycling revenues or the loss of be looked
into as a part of the study), appeared before Council and
read a communication from Mr. Martin O. Skelly, advising
that for more than ten years, bottle bills have been
proposed and rejected in the General Assembly. He
explained that in 1992, Senator Joseph Gartlan will
submit a new beverage container deposit bill; that it is
important for the City's representatives to the General
Assembly to have a comprehensive knowledge of the effects
of the Bill's passage or failure; and this knowledge
needs to be developed by an unbiased group; and the Fifth
Planning District Commission is both capable and worthy
of the task.
Mr. Carroll explained that the primary attraction of
the new deposit bill is raising revenues without raising
taxes; that funds for localities will be generated from
a pool of money which will result from unclaimed
23O
ACTION:
deposits; that when a container is lost from the
recycling loop, either to the landfill, to the bottom of
a lake or river, or elsewhere, a dime will be credited to
the locality; that based on redemption rates of 65 to 85
per cent, Roanoke City alone could expect a five year
revenue of over $2 million; that these revenues are, in
essence, a penalty for irresponsible disposal, and a
reward for creating a recycling incentive; that there are
also the obvious benefits of a decrease in litter, and
citizens will have a disincentive to litter and an
incentive to pick up beverage container litter. He
stated that the beverage container bill will be fought by
different interest groups; however, the bill, whether in
passage or defeat, will have an impact on the Roanoke
area and deserves the quality of study that only a
planning commission can deliver.
Mr. Skelly appeared before Council in response to
certain questions raised by the Members of Council and
pointed out that the bottle bill will provide funds to
the localities because every consumer who purchases a
beverage container will pay an extra ten cents for the
beverage, which would be returned from a redemption
center; that 80 per cent of the consumers will have an
interest in getting their dime back, but 20 per cent of
all beverage containers in the Roanoke Valley, according
to Environmental Products Corporation (ENVIPCO) will add
up to $2 million in revenue to the City of Roanoke over
a five year period. He stated that the bottle container
bill will penalize irresponsible disposal and reward
governments for having a recycling program in effect.
Following discussion, Mr. Bowers moved that the
matter be referred to the City Manager and the
Legislative Committee for study and report to Council.
The motion was seconded by Mr. Harvey and adopted.
At 3:45 p.m., the Mayor declared the meeting in
recess.
At 3:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Members Bowles and White. (Mr. White left the meeting
during the recess).
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
231
ii
ACTION=
ITEMS RECOMMENDED ~OR ACTION:
BUDGET-WATER DEPARTMENT-SEWERS AND STORM DRAINS:
The City Manager submitted a written report advising that
funds for capital equipment purchases and replacement
were not budgeted for fiscal year 1991-92; that retained
earnings from prior years are available for appropriation
to the current budget; that regulations mandated by the
Commonwealth of Virginia and O.S.H.A. require the use of
certain equipment to safely perform maintenance and
construction activities on water and sewer lines; that
equipment to efficiently and safely provide water and
sewer service needs to be purchased, replaced and
upgraded on an annual basis; and no equipment purchases
will require Council's approval to accept bids inasmuch
as bids are expected to be less than $15,000.00.
It was further advised that equipment needs are as
follows:
Approximate Cost
Gas Tech Instruments (R & A)
Pipe Locators (R)
Word Procassing Unit (R)
Hole Hog Pipe Bore (A)
Service Installation
Word Processing Printer (R)
$ 3,800.00
4,400.00
3,200.00
5,200.00
lr000.00
TOTAL $17,600.00
Notation: A = Addition
R = Replacement
The City Manager recommended that Council
appropriate $17,600.00 to Utility Line Services Capital
Account No. 006-056-2625-9015, in order to purchase or
replace the abovestated equipment.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency budget
Ordinance:
(#30752-102191) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Internal Service Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 160.)
Mr. Bowers moved the adoption of Ordinance No.
30752-102191. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
232
ACTION:
AYES: Council Members Harvey, Musser,
Fitzpatrick and Mayor Taylor .....
Bowers,
NAYS: None 0.
(Council Members Bowles and White were absent.)
BLUE CROSS/BLUE SHIELD-SPECIAL PERMITS: The City
Manager submitted a written report advising that Council
annually grants permit requests for installation of
holiday decorations on City-owned light standards and
other facilities, including trees located in the downtown
business district; and Blue Cross Blue Shield of Virginia
has requested permission to decorate the Linden trees in
Key Plaza from November 11, 1991, through January 15,
1992.
The City Manager recommended that Council grant a
revocable permit to Blue Cross Blue Shield of Virginia to
decorate the Linden trees in Key Plaza for the period of
November 11, 1991, through January 15, 1992.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick'offered the following Resolution:
(#30753-102191) A RESOLUTION authorizing a
revocable permit to Blue Cross Blue Shield of Virginia
for the attachment or installation of certain holiday
decorations to certain City-owned trees in Key Plaza,
upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 161.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30753-102191. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Fitzpatrick
and Mayor Taylor .......... 4.
NAYS: None -0.
(Council Member Bowers was out of the Council Chamber
when the vote was recorded.) (Council Members Bowles and
White were absent.)
TRAFFIC-EQUIPMENT: The City Manager submitted a
written report concurring in a report of a bid committee
with regard to acceptance of the bid submitted by Devoe
Paint for supplying traffic paint in order to continue
the City's annual street marking program.
233
tl
ACTION:
The bid committee recommended that Council accept
the bid submitted by Devoe Paint for 5,250 gallons of
traffic paint, in the amount of $30,817.50, and reject
all other bids received by the City.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Musser offered the following Resolution:
(#30754-102191) A RESOLUTION accepting the bid of
Devoe Paint made to the City for furnishing and
delivering traffic paint; and rejecting all other bids
made to the City.
(For full text of Resolution, see Resolution Book No. 53,
page 162.)
Mr. Musser moved the adoption of Resolution No.
30754-102191. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers,
Fitzpatrick and Mayor Taylor ...................... 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 30725-102191
permanently vacating, discontinuing and closing a
certain ten foot alley, commencing from Williamson Road
and terminating at the property of Lady Bird Apparel,
Inc., which abuts the Roy L. Webber Expressway, located
in Sections 3 and 4, Map of Jefferson Land Company,
having previously been before the Council for its first
reading on Monday, October 14, 1991, read and adopted on
its first reading and laid over, was again before the
body, Mr. Fitzpatrick offering the following for its
second reading and final adoption:
234
ACTION:
ACTION:
(#30725-102191) AN ORDINANCE permanently vacating,
discontinuing and closing certain public right-of-way in
the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 150.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30725-102191. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers,
Fitzpatrick and Mayor Taylor ......... 5.
NAYS: None '0.
(Council Members Bowles and White were absent.)
ZONING: Ordinance No. 30726-102191 rezoning
property located at 1255 Williamson Road, S. E.,
identified as Official Tax Nos. 4030210 - 4030212,
inclusive, and 4030222, from LM, Light Manufacturing
District, to C-2, General Commercial District, subject to
certain conditions proffered by the petitioner, having
previously been before the Council for its first reading
on Monday, October 14, 1991, read and adopted on its
first reading and laid over, was again before the body,
Mr. Musser offering the following for its second reading
and final adoption:
(#30726-102191) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 403, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain p~operty within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 152.)
Mr. Musser moved the adoption of Ordinance No.
30726-102191. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers,
Fitzpatrick and Mayor Taylor .............. 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
235
ii
ACTION:
ZONING: Ordinance No. 30727-102191 rezoning a tract
of land located on U. S. Route 460 (Orange Avenue,
N. E.), containing 2.0 acres, identified as a combination
of Official Tax Nos. 7110106 and 7110122, from RS-3,
Residential Single Family District, to C-2, General
Commercial District, subject to certain conditions
proffered by the petitioner, having previously been
before the Council for its first reading on Monday,
October 14, 1991, read and adopted on its first reading
and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final
adoption:
(#30727-102191) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 711, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 153.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30727-102191. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers,
Fitzpatrick and Mayor Taylor ................ 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
SCHOOLS: Ordinance No. 30739-102191 authorizing the
lease of the Jefferson High School Building and certain
property located within the City to the Jefferson Center
Foundation, Ltd., for renovation as a mixed-use community
center facility, and authorizing the appropriate City
officials to execute an Agreement and Deed of Lease
therefor, having previously been before the Council for
its first reading on Monday, October 14, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mr. Bowers offering the following for
its second reading and final adoption:
(#30739-102191) AN ORDINANCE authorizing the lease
of the Jefferson High School Building and certain
property located within the City for renovation as a
mixed-use community center facility, and authorizing the
appropriate City officials to execute an Agreement and
Deed of Lease therefor.
(For full text of Ordinance, see Ordinance Book No. 53,
page 154.)
236
ACTION:
ACTION:
Mr. Bowers moved the adoption of Ordinance No.
30739-102191. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers,
Fitzpatrick and Mayor Taylor ............... 5.
NAYS: None' 0.
(Council Members Bowles and White were absent.)
EASEMENTS-SCHOOLS-APPALACHIAN POWER COMPANY-SPECIAL
PErMITS-SWIMMING POOLS: Ordinance No. 30742-102191
authorizing the granting of an easement to Appalachian
Power Company across Fishburn Park Elementary School
property, to serve Roanoke Valley Swimming, Inc., upon
certain terms and conditions, having previously been
before the Council for its first reading on Monday,
October 14, 1991, read and adopted on its first reading
and laid over, was again before the body, Mr. Harvey
offering the following for its second reading and final
adoption:
(#30742-102191) AN ORDINANCE authorizing the
granting of an easement to Appalachian Power Company
across Fishburn Park Elementary School property, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 155.)
Mr. Harvey moved the adoption of Ordinance No.
30742-102191. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers,
Fitzpatrick and Mayor Taylor ........................... 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
EASEMENTS-APPALACHIANPOWER COMPANY-SPECIALPERMITS-
JUVENILE DETENTION HOME: Ordinance No. 30743-102191
authorizing the gran%ing of an easement to Appalachian
Power Company across City property located at Coyner
Springs, in order to provide electrical service to the
Crisis Intervention Center, upon certain terms and
conditions, having previously been before the Council for
its first reading on Monday, October 14, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
237
ACTION=
ACTION:
(#30743-102191) AN ORDINANCE authorizing the
granting of an easement to Appalachian Power Company
across City property located at Coyner Springs, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 156.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30743-102191. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers,
Fitzpatrick and Mayor Taylor .......... 5.
NAYS: None- 0.
(Council Members Bowles and White were absent.)
APPALACHIAN POWER COMPANY-SPECIAL PERMITS-
INDUSTRIES: Ordinance No. 30744-102191 authorizing
execution of an agreement with Appalachian Power Company
for installation and maintenance of an electric power
pole upon property located in the Roanoke Centre for
Industry and Technology, having previously been before
the Council for its first reading on Monday, October 14,
1991, read and adopted on its first reading and laid
over, was again before the body, Mr. Musser offering the
following for its second reading and final adoption:
(#30744-102191) AN ORDINANCE authorizing the
execution of an agreement with Appalachian Power Company
for installation and maintenance of an electric power
pole upon property located in the Roanoke Centre for
Industry and Technology.
(For full text of Ordinance, see Ordinance Book No. 53,
page 157.)
Mr. Musser moved the adoption of Ordinance No.
30744-102191. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers,
Fitzpatrick and Mayor Taylor ........... 5.
NAYS: None O.
(Council Members Bowles and White were absent.)
EASEMENTS-APPALACHIANPOWER COMPANY-SPECIALPERMITS-
DOWNTOWN TOWER PROJECT: Ordinance No. 30745-102191
authorizing the granting of an easement to Appalachian
Power Company from Norfolk Avenue, S. E., to and
238
ACTION:
ACTION:
including the transformer pad on the Dominion Tower
Building, having previously been before the Council for
its first reading on Monday, October 14, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(#30745-102191) AN ORDINANCE authorizing the
granting of an easement to Appalachian Power Co~npany on
Norfolk Avenue, S. E., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 157.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30745-102191. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers,
Fitzpatrick and Mayor Taylor ................ 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
EASEMENTS-CHESAPEAKE & POTOMAC TELEPHONE COMPANY-
SCHOOLS-SPECIAL PERMITS: Ordinance No. 30746-102191
authorizing the granting of an easement to C & P
Telephone Company across property located at Fairview
Elementary School, being Official Tax No. 2640303,
located at the corner of the intersection of Salem
Turnpike and Westwood Boulevard, N. W., to provide for
the installation of an electronic equipment building and
associated driveway and underground cables, upon certain
terms and conditions, having previously been before the
Council for its first reading on Monday, October 14,
1991, read and adopted on its first reading and laid
over, was again before the body, Mr. Bowers offering the
following for its second reading and final adoption:
(#30746-102191) AN ORDINANCE authorizing the
granting of an easement to C & P Telephone Company across
property located at Fairview Elementary School, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 158.)
Mr. Bowers moved the adoption of Ordinance No.
30746-102191. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
239
ACTION
AYES: Council Members Harvey, Musser, Bowers,
Fitzpatrick and Mayor Taylor ............ 5.
NAYS: None
(Council Members Bowles and White were absent.)
AIRPORT-SALE/PURCHASE OF PROPERTY-CITY PROPERTY:
Ordinance No. 30747-102191 authorizing conveyance by the
City to the Roanoke Regional Airport Commission of a
certain .23 acre parcel of land located in Roanoke County
and assignment by the City to the Airport Commission of
the lease of a certain .21 acre parcel of land located in
Roanoke City for use in connection with the airport
navigational system, upon certain terms and conditions,
having previously been before the Council for its first
reading on Monday, October 14, 1991, read and adopted on
its first reading and laid over, was again before the
body, Mr. Bowers offering the following for its second
reading and final adoption:
(#30747-102191) AN ORDINANCE authorizing conveyance
by the City to the Roanoke Regional Airport Commission of
a certain .23 acre parcel located in Roanoke County and
assignment by the City to the Airport Commission of a
lease of a certain .21 acre parcel located in Roanoke
City for use in connection with the airport navigational
system, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 159.)
Mr. Bowers moved the adoption of Ordinance No.
30747-102191. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey,
Fitzpatrick and Mayor Taylor---
NAYS: None
Musser, Bowers,
(Council Members Bowles and White were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMME~fS BY THE MAYOR AND MEMBERS
OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 4:05 p.m., the Mayor declared the meeting in
recess.
240
ACTION:
ACTION:
At 4:20 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Members Bowles and White.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members l{arvey, Musser, Bowers,
Fitzpatrick and Mayor Taylor ........................... 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
REFUSE COLLECTION: Mr. Bowers offered the following
emergency ordinance approving the proposed design and
operating criteria for the proposed Solid Waste Transfer
Station, and approving the Hollins Road South site for
the location of the transfer station, upon certain terms
and conditions:
(#30755-102191) AN ORDINANCE approving proposed
design and operating criteria for the proposed Solid
Waste Transfer Statipn, and approving the Hollins Road
South Site for the location of such Transfer Station,
upon certain terms and conditions; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 163.)
Mr. Bowers moved the adoption of Ordinance No.
30755-102191. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Councll Members Harvey, Musser, Bowers,
Fitzpatrick and Mayor Taylor ...................... 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
241
There being no further business, the Mayor declared the
meeting adjourned at 4:25 p.m.
APPROVED
ATTEST: ~~
City Clerk
Mayor
242
SPECIAL MEETING
ROANOKE CITY COUNCIL
October 23, 1991
4:30 p.m.
A joint meeting of the Roanoke City Council, the Roanoke
County Board of Supervisors, the Vlnton Town Council, the Roanoke
Valley Regional Solid Waste Management Board and the Roanoke County
Resource Authority was called to order by Mayor Noel C. Taylor,
Chairman Steven A. McGraw, Mayor Charles R. Hill, Chairman John H.
Parrott, and Chairman Harry C. Nlckens, respectively, on Wednesday,
October 23, 1991, at 4:30 p.m., at the Vlnton War Memorial.
ROANOKE CITY COUNCIL MEMBERS PRESENT: David A. Bowers,
Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey,
II, Howard E. Musser, William White, Sr., and Mayor Noel C. Taylor.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Lee B. Eddy, Bob
L. Johnson, Harry C. Nickens, Richard W. Robers, and Chairman
Steven A. McGraw.
VINTON TOWN COUNCIL MEMBERS PRESENT: Robert R. Altice, Donald
L. Davis, Roy G. McCarty, Jr., W. Ray Sandifer and Mayor Charles R.
Hill.
ROANOKE VALLEY REGIONAL SOLID WASTE MANAGEMENT BOARD MEMBERS
PRESENT: S. Brad Corcoran, John R. Hubbard, Kit B. Kiser, Joel M.
Schlanger, Gardner Smith, Mikeiel T. Wimmer and Chairman John H.
Parrott.
ROANOKE COUNTY RESOURCE AUTHORITY BOARD MEMBERS PRESENT: Lee
B. Eddy, Bob L. Johnson, Steven A. McGraw, Richard W. Robers and
Chairman Harry C. Nickens.
The invocation was delivered by the Honorable Noel C. Taylor,
Mayor, City of Roanoke.
The Pledge of Allegiance to the Flag of the United States of
America was led by Chairman Steven A. McGraw, Roanoke County Board
of Supervisors.
Mayor Hill extended a welcome on behalf of the Town
Vinton, host locality for the joint meeting, and
introduced Roanoke Valley Governmental officials and
staff and Norfolk Southern Corporation officials and
staff.
243
ii
REFUSE COLLECTION: The purpose of the special
meeting was to take appropriate action and to execute
appropriate documents along with Roanoke County, the Town
of Vinton, the Roanoke Valley Regional Solid Waste
Management Board, and the Roanoke County Resource
Authority, pursuant to the following communication from
Mayor Taylor calling the special meeting of the Roanoke
City Council.
"October 21,1991
The Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the
Roanoke City Charter, I am calling a special meeting of
the Roanoke City Council on Wednesday, October 23, 1991,
at 4:30 p.m., at the Vinton War Memorial, 814 East
Washington Avenue, Vlnton, Virginia. The purpose of the
special meeting will' be to take appropriate action and
execute appropriate documents, along with Roanoke County
and the Town of Vinton, on the proposed regional landfill
agreement.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor"
The City Manager submitted a written report
transmitting the following documents for Council's
consideration:
Roanoke Valley Resource Authority Member Use
Agreement
Articles of Amendment of the Roanoke County
Resource Authority
Roanoke Valley Resource Authority By-Laws
Assignment Agreement
Distribution and Indemnification Agreement
The City Manager recommended that Council authorize
the following actions:
244
ACTION=
The Mayor or Vice-Mayor and the City Clerk or
Deputy City Clerk be authorized to execute and
attest the Roanoke Valley Resource Authority
Member Use Agreement, the Assignment Agreement
and the Distribution and Indemnification
Agreement.
Authorize appropriate City officials to take
all necessary action for creation of the
Roanoke Valley Resource Authority, including
advertising and establishing public hearings
as necessary and appropriate action relating
to the Articles of Amendment of the Roanoke
County Resource Authority and the Roanoke
Valley Resource Authority By-Laws.
Authorize appropriate City officials to take
such other action as deemed necessary to
implement the above five documents.
The Mayor name, or by motion of Council name,
Roanoke City's two representatives to the
proposed Roanoke Valley Resource Authority.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency
Ordinance: .
(#30756-102391) AN ORDINANCE approving and
authorizing the execution of certain agreements for the
development and use of regional solid waste facilities
and for the disposal of acceptable solid waste; providing
for appointment of the City's members on the Roanoke
Valley Resource Authority; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page
Mr. Musser moved the adoption of Ordinance No.
30856-102391. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................ 7.
NAYS: None 0.
The Board of Supervisors of Roanoke County adopted
a resolution approving and authorizing the execution of
certain agreements for the development and use of
regional solid waste facilities and for the disposal of
245
II
acceptable solid waste and a resolution appointing the
initial members of the Roanoke Valley Resource Authority.
The Council of the Town of Vinton adopted a
resolution approving and authorizing execution of certain
agreements for the development and use of regional solid
waste facilities and for the disposal of solid waste.
The Roanoke Valley Regional Solid Waste Management
Board approved the Assignment Agreement and Distribution
and Indemnification Agreement.
The Roanoke County Resource Authority adopted a
resolution approving and authorizing the execution of
certain agreements for the development and use of
regional solid waste facilities and disposal of
acceptable solid waste; and a resolution authorizing
Articles of Amendment and authorizing creation of the
Roanoke Valley Resource Authority.
Dr. Nickens, Chairman of the Roanoke County Resource
Authority, and Mr. David R. Goode, President, Norfolk
Southern Corporation, engaged in the signing of an
agreement between the Roanoke County Resource Authority
and Norfolk Southern Corporation for transportation of
solid waste to the Smith Gap Landfill.
On behalf of the Norfolk Southern Corporation, Mr.
Goode congratulated Roanoke County, Roanoke City and the
Town of Vlnton for arriving at an innovative solution to
meet the solid waste disposal needs of the Roanoke Valley
for years to come, advising that the creation of the
Roanoke Valley Resource Authority and the siting of the
Smith Gap Landfill are significant accomplishments and
will serve as a model for other communities to follow.
He stated that Norfolk Southern is proud to be a
participant in the project and appreciates rail being
selected as the mode of transportation to access the
Smith Gap facility. He explained that in addition to
being the most cost effective choice to transport solid
waste to the site, rail transportation has a number of
other benefits inasmuch as railroads are less polluting,
safer, and more energy efficient than tractor trailers,
and hauling solid waste by rail will have less impact on
the community and ease urban congestion problems.
There being no further business, on behalf of the
City of Roanoke, Mayor Taylor declared the special
meeting adjourned; on behalf of the County of Roanoke,
Chairman McGraw declared the special meeting adjourned;
on behalf of the Town of Vinton, Mayor Hill declared the
special meeting adjourned; on behalf of the Roanoke
246
Valley Regional Solid Waste Management Board, Chairman
Parrott declared the special meeting adjourned; and on
behalf of the Roanoke County Resource Authority, Chairman
Nickens declared the special meeting adjourned at 5:15
p.m.
Following adjournment of the meetings, the Mayors
and Chairpersons of ~he abovenamed bodies executed the
following documents:
Roanoke Valley Resource Authority Member Use
Agreement
Articles of Amendment of the Roanoke County
Resource Authority
Roanoke Valley Resource Authority By-Laws
Assignment Agreement
Distribution and Indemnification Agreement
(For full text, see copy of the above referenced
agreements on file in the City Clerk's Office.)
Following execution of the abovenamed documents, Roanoke
County hosted a reception at the Vinton War Memorial.
APPROVED
ATTEST:
City Clerk
247
il
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
October 28, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, October 28,
1991, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings~ of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Howard E. Musser, William White,
Sr., David A. Bowers, Elizabeth T. Bowles, James G. Harvey, II and
Mayor Noel C. Taylor ................... 6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.- ....... 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; William X
Parsons, Assistant City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Art
Hearne, Pastor, Lakeside Baptist Church
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
BID OPENINGS
PARKS AND PLAYGROUNDS: Pursuant to notice of
advertisement for bids for ballfield renovations at Huff
Lane, Westside, Garden City and Strauss Parks, said bids
to be received by the City Clerk until 1:30 p.m., on
Monday, October 28, 1991, and to be held, opened and read
before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for
bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and
read the following bids:
248
ACTION:
ACTION:
ACTION:
BIDDER
BASE BID
Acorn Construction Co., Ltd.
Construction Services of Roanoke, Inc.
Robertson-Fowler Co.
Williams Painting & Remodeling, Inc.
$239,700.00
261,000.00
299,179.00
327,129.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairman, William F. Clark, and George C. Snead, Jr., as
members of the committee.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request he had placed on the
agenda to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to'vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles,}Iarvey and Mayor Taylor ............ 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
ACTION:
ACTION=
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE=
A communication from Ms. Ora Belle McColman tendering her
resignation as a member of the Roanoke Neighborhood
Partnership Steering Committee, effective immediately,
was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be received
and filed and that the resignation be accepted with
regret. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor .................. 6.
NAYS: None-- 0.
(Council Member Fitzpatrick was absent.)
LIBRARY: A report of qualification of Caroline M.
Brown as a member of the Roanoke Public Library Board,
for a term ending June 30, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ...... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
INDUSTRIES-BONDS: A communication from Mr. Harwell
M. Darby, Jr., Attorney, representing the Industrial
Development Authority of the City of Roanoke, requesting
approval of a plan of financing to assist NSW Corporation
in acquiring, constructing and equipping a new
manufacturing facility consisting of approximately 20,800
square feet, to be located at 530 Gregory Avenue, N. E.,
250
ACTION:
and to refund certain prior bonds which were issued to
finance NSW Corporation's existing facility, by issuance
of industrial development revenue bonds, in an amount
estimated at $3,000,000.00.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30757-102891) A RESOLUTION approving the plan of
financing of the Industrial Development Authority of the
City of Roanoke, Virginia, for the benefit of NSW
Corporation ("NSW") to the extent required by Section 147
of the Internal Revenue Code of 1986, as amended.
(For full text of Resolution, see Resolution Book No. 53,
page 167.)
Mr. Bowers moved the adoption of Resolution No.
30757-102891. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of
$270,000.00, representing the second request for proceeds
from the fiscal year 1991 Capital Maintenance and
Equipment Replacement Fund, advising that proceeds will
provide funds for roof replacement at Lincoln Terrace
Elementary School and renovations at Addision Middle
School for the magnet program; and further requesting
appropriation of funds to the following school accounts,
was before Council.
Grant No. 6747 -
$4,000 for the Adult Basic
Education Program to provide
funds for the education of
adults who have not completed
high school. The monies
represent additional federal
funding made available to
Roanoke City to host the 1991-
92 regional literacy
coordinating committee.
251
Grant No. 6431 -
Grant No. 6597 -
Grant No. 6598 -
Grant No. 6599 -
Grant No. 6751 -
Grant No. 6971 -
$219.00 for the Title III
Vocational Training Program to
provide tuition for selected
students to attend vocational
classes offered by Roanoke City
Schools. The program will be
one hundred per cent reimbursed
by federal funds.
$5,827.00 for the Special
Education Inservice Program to
provide funds for the training
of special education program
staff members and for
assistance to parents of
handicapped students. The
program will be one hundred per
cent reimbursed by state funds.
$9,792.00 for the 1991-92
Transitional Services Program
to provide materials to ensure
a smooth transition for
handicapped students entering
the school system. One hundred
per cent of the expenditures
will be reimbursed by federal
funds.
$90,753 for the Preschool
Incentive Program to provide
orientation and evaluation for
handicapped students who will
be entering the public school
system for the first time
during the fall. The program
will be reimbursed one hundred
per cent by federal funds.
$35,163.00 for the 1991-92
Regional Adult Basic Education
Specialist Program to provide
funds for the cost of the part-
time specialist, part-time
clerical aide and services
related to the operation of the
program. The program will be
one hundred per cent reimbursed
by federal funds.
$4,700.00 for the Hurt Park
Tutorial Program to provide for
an after school tutorial
program at Hurt Park School.
252
ACTION:
Funds are provided one hundred
per cent by the Department of
Education and Central Fidelity
Banks, Inc.
A report of the Director of Finance advising that
Grants Nos. 6747, 6431, 6598, 6599 and 6751 are 100 per
cent reimbursed by Federal funds; that Grant No. 6971 for
the Hurt Park Tutorial Program will be funded 100 per
cent by the Department of Education and Central Fidelity
Banks, Inc.; that Grant No. 6597 is 100 per cent
reimbursed by State funds; and recommending that Council
concur in the request of the School Board on the
abovestated seven grants, was also before Council.
In connection with the request of the School Board
for appropriation of $270,000.00 representing their
second request for proceeds from the fiscal year 1991
Capital Maintenance and Equipment Replacement Fund, Mr.
Schlanger advised that it is his opinion that it would be
in the best interest of the City at this time not to
utilize the funds until after the second quarter of the
fiscal year in order to better ascertain the City's
financial condition.
(For full text, see report on file in the City Clerk's
Office.)
Inasmuch as the request for appropriation of
$270,000.00 was submitted by the School Board, Mr. White
suggested that the recommendation of the Director of
Finance be communicated to the Chairman in a manner
deemed appropriate by the Mayor.
Mrs. Bowles offered the following emergency budget
Ordinance appropriating funds for the abovestated seven
grants:
(#30758-102891) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 169.)
Mrs. Bowles moved the adoption of Ordinance No.
30758-102891. The motion was seconded by Mr. Bowers and
adopted by the following vote:
253
il
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor .......... 6.
NAYS: None, O.
(Council Member Fitzpatrick was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-HOUSING: The City Manager submitted a
written report with regard to Community Development Block
Grant Loans under the Home Purchase Assistance Program,
advising that $220,000.00 from the Virginia Housing
Partnership Fund's Local Housing Rehabilitation Loan
Program, and $240,000.00 in Community Development Block
Grant funds were allocated to the Home Purchase
Assistance Program by Council on June 26, 1989, which
allowed the City to provide loans to low to moderate
income households agreeing to buy and repair certain
identified substandard houses.
It was further advised that a Home Purchase
Assistance Program Selection Committee, which is composed
of both Roanoke Redevelopment and Housing Authority and
City staff, recommends approval of Community Development
Block Grant loans; that the Virginia Housing Development
Authority has notified the City of approval of State
rehabilitation loans for certain low to moderate income
households; and approval by Council of such loan is
necessary.
The City Manager recommended that Council authorize
approval of a Community Development Block Grant Loan not
to exceed $24,000.00 under the Home Purchase Assistance
Program to Eric Scott Key and Cynthia Gall Davis for
purchase and rehabilitation of property located at 1134
Fifteenth Street, S. E., Official Tax No. 1112208.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
Ordinance:
(#30759-102891) AN ORDINANCE approving the loan of
Community Development Block Grant (CDBG) funds to an
individual in connection with the City's Home Purchase
Assistance Program, authorizing the City Manager to
254
ACTION:
execute documents approved as to form by the City
Attorney necessary to implement and administer the loans,
including a Construction Disbursement Agreement,
authorizing the City Attorney and Director of Finance to
serve as trustees with regard to the related deed of
trust securing the notes for the loan, authorizing the
City Manager to execute a certificate of satisfaction
upon full payment and satisfaction of the loans, and
authorizing recordation by the City Attorney of the
certificate of satisfaction in the Office of
~9~ Circuit Court for the City of Roann~. -3~e Cle~.of
£or an emergency. -..~, ~nu prov&alng
(For full text of Ordinance, see Ordinance Book No. 53,
page 171.)
Mr. Harvey moved the adoption of Ordinance No.
30759-102891. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser,
Bowles, Harvey and Mayor Taylor .........
NAYS: None .......
White, Bowers,
6.
-0.
(Council Member Fitzpatrick was absent.)
BUDGET-}K~MANRE~OURCES: The City Manager submitted
a written report advising that the Department of Social
Services is required to financially subsidize adoptive
families on behalf of children with special needs who are
considered to be hard to place and who might otherwise
remain_ in long-term foster care; and c
special needs may h ..... = .... . . hildren with
dis-L ...... ~ ~-% ~ ~nyszcal, mental or emo
~u~=y exlstlna Dezor- ~ -~ .... ttonal
~ ~ ~,,~ ~uop~zon, or a hereditary
tendency, congenital problem, or birth injury that could
lead to a future disability.
It was further advised that the cost of Special
Needs Adoption was underestimated in fiscal year 1991-92
by $165,000.00; that subsidy costs have increased because
children who are eligible for special needs are also
eligible for residential care, if needed; and the
Department of Social Services is reimbursed at 100 per
cent of the cost.
255
ACTZON=
ACTION=
The City Manager recommended that Council
appropriate revenue estimates of funds received from the
State Department of Social Services to Account No. 001-
020-1234-0675 and increase Expenditure Account No. 001-
054-5314-3130 by $165,000.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
Ordinance:
(#30760-102891) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 173.)
Mr. Musser moved the adoption of Ordinance No.
30760-102891. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ................. 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
D1RECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance
submitted the financial report for the City of Roanoke
for the month of September, 1991.
(For full text, see financial report on file in the City
Clerk's Office.)
Mrs. Bowles moved that the financial report be
received and filed. The motion was seconded by Mr. White
and adopted.
Council Member White requested that the City Manager
report to Council with regard to the impact on the City
of Roanoke as a result of the continuing downturn of the
economy as it relates to the expenditure side of the
City's budget; whereupon, the City Manager advised that
every possible action is being taken to insure that the
City delivers the quality of services that the taxpayers
of the Roanoke community expect; however, wherever
possible he has endeavored to delay and/or rotate the
filling of such positions as refuse workers, police
officers, firefighters, etc. He stated that it is
256
expected to receive more firm information within the next
30 to 45 days on the Commonwealth of Virginia's economy
and once more definitive information has been received
from the State, the City will be in a position to move
rather quickly with a number of options.
DIRECTOR OF FINANCE: The Director of Finance
submitted a written report with regard to a short term
line of credit, advising that the City's cash flow is
significantly weighted to three annual tax collection
deadline dates:
1. October 5 - First half Real Estate Tax
2. April 5 - Second half Real Estate Tax
3. May 31 - Personal Property Tax
He further advised that general property tax revenues
historically provide one-third of the total general fund
annual revenues; and the month preceding and the month of
the tax payment deadline provides a positive cash flow to
the General Fund.
He pointed out that maximum negative cash flow
balance occurred in February, 1991, which totaled $15.7
million; that the necessary actual cash to make up for
this amount of negative cash flow is provided from year
end General Fund balances, Capital Projects Fund and Debt
Service Fund; that General Fund year end balances have
decreased during the previous two fiscal years (1990-
1991) even though General Fund revenues and expenditures
increase annually; that the net year end fund balance has
decreased 3.1 per cent since fiscal year 1989; that for
the City to be in a similar fiscal year 1989 financial
position at fiscal year 1991 year end, the net fund
balance should have been $8,270,171.00, instead of the
$3,118,640.00 shown above; and the difference equates to
beginning the new fiscal year 1991-92 year with
$5,151,531.00 less cash.
Mr. Schlanger explained that in order to effectively
plan and provide cash flow requirements of the General
Fund, it would be in the best interest of the City to
establish a short-term line of credit of $10,000,000.00;
which would be used only for timely payments of payrolls,
vendors' invoices, and other required operating expenses.
The Director of Finance recommended that a line of
credit (temporary loan) be established in accordance with
Section 15.1-277.30, Code of Virginia (1950), as amended,
and Section 49 of the City Charter, which provisions
257
il
authorize the Director of Finance to establish a line of
credit based on competitive proposals; and in
establishing the line of credit, the following
requirements are recommended:
Open line of credit with maximum authority of
$10,000,000.00.
Any borrowing shall be evidenced by a note
approved as to form by the City Attorney.
Such notes shall mature and be paid within one
year from the date they are issued.
Competitive proposals shall be obtained by the
Director of Finance as he deems reasonable.
Any outstanding principal or interest balance
shall be liquidated to zero on each October 15
and April 15 (ten days after Real Estate due
dates)·
No outstanding principal or interest balance
shall exist as of each June 30.
The Director of Finance is authorized to use
open line of credit when he deems it to be in
the best interest of the City.
The Director of Finance shall report to City
Council within two working days of any time he
evokes his authority and likewise report to
City Council when such line of credit is paid
off.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
(#30761-102891) A RESOLUTION authorizing the
Director of Finance of the City of Roanoke, Virginia, to
negotiate and secure short-term loans from time to time
in the name and on behalf of the City, pursuant to
Section 49 of the Charter of the City, in a principal
amount not to exceed Ten Million Dollars ($10,000,000) at
any time; fixing the form and certain other details of
such notes; authorizing the Director of Finance to
solicit proposals for a line of credit and to negotiate
258
ACTION:
and enter into a Line of Credit Agreement in the name of
and on behalf of the City with respect to the short-term
loans evidenced by such notes; and otherwise providing
with respect thereto.
(For full text of Resolution, see Resolution Book No. 53,
page 174.)
Mr. Harvey moved the adoption of Resolution No.
30761-102891. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White,
Bowles, Harvey and Mayor Taylor---
Bowers,
6.
NAYS: None' 0.
(Council Member Fitzpatrick was absent.)
BUDGET-HOUSING: The Director of Finance submitted
a written report advising that by agreement with the City
of Roanoke, the Roanoke Redevelopment and Housing
Authority administers a large segment of the City's
Community Development Block Grant Program; that the
Housing Authority receives program income during the
course of its administration of various projects by
renting properties and by receiving rehabilitation loan
repayments from project area residents; and the Housing
Authority is required to transfer program income to the
City of Roanoke, and the City of Roanoke is required to
use the income for a community development activity.
It was further advised that the Housing Authority
has made payment to the City in the amount of $46,038.00,
through June 30, 1991, for parking lot rentals in the
Downtown East Project in excess of parking lot income
previously appropriated; and the City has received the
following miscellaneous program income:
$17,474.00 representing interest earned on the
Community Development Block Grant float loan
to Fralin and Waldron for the Market Building,
which amount is in excess of the amounts
previously appropriated;
$2,515.00 in loan repayments received by the
City under the Home Purchase Assistance
Program; and
259
ti
ACTION:
3. $(5) in Community Development Block Grant loan
repayments from the Northwest Neighborhood
Environmental Organization, which is the
difference between what was previously
appropriated and actually received in fiscal
year 1991.
The Director of Finance recommended that Council
appropriate the total of $66,022.00 in program income
received from the Housing Authority and other sources, as
follows:
1. $46,038.00 to Account No. 035-090-9040-5183,
Unprogrammed Community Development Block Grant
Parking Lot Income;
2. $17,469.00 tO ACCOUnt No. 035-090-9040-5188,
Unprogrammed Community Development Block Grant
Interest on Float Loan; and
3. $2,515.00 to Account No. 035-090-9040-5192,
Unprogrammed Community Development Block Grant
Home PurChase Assistance Program loan
repayments.
He pointed out that the abovestated amounts will be
available for further appropriation transfers for
community development purposes.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30762-102891) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 177.)
Mrs. Bowles moved the adoption of Ordinance No.
30762-102891. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members
Bowles, Harvey and Mayor Taylor--
NAYS: None
Musser, White, Bowers,
6.
e
(Council Member Fitzpatrick was absent.)
260
ACTION:
CITY ATTORNEY:
SCHOOLS-SALE/PURCHASE OF PROPERTY-CITY PROPERTY:
The City Attorney submitted a written report advising
that a report of the City Manager under date of October
14, 1991, with regard to the bid for restoration,
renovation, and operation of the Jefferson High School
building as a mixed-use community center recommended the
sublease of a 15,000 square foot portion of the renovated
Jefferson High School building from the Jefferson Center
Foundation, Ltd, to the City of Roanoke; that the
ordinance authorizing the sublease was inadvertently
omitted from the October 14 agenda; and adoption of the
proposed ordinance at this tl~e will not delay execution
of the documents as scheduled; whereupon, Mr. Dibllng
recommended adoption of the measure.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency Ordinance:
(#30763-102891) AN ORDINANCE authorizing execution
of a Sublease Agreement with the Jefferson Center
Foundation, Ltd., for the sublease of 15,000 square feet
of office space in the renovated Jefferson Nigh School
Building; authorizing the proper City officials to
execute the sublease agreement on behalf of the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 178.)
Mr. White moved the adoption of Ordinance No. 30763-
102891. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ....... 6.
NAYS: None
(Council Member Fitzpatrick was absent.)
REPORTS OF COMMITTEES:
-0.
BUDGET-STREETS AND ALLEYS-FLOOD PLAIN COMMITTEE:
Council Member William White, Sr., Chair of a committee
appointed by the Mayor to tabulate bids received for
construction of a gravity concrete retaining wall and
related work at Patterson and Campbell Avenues, S. W.,
presented a written report on behalf of the committee,
recommending that Council award a contract to H & S
Construction Company, in the amount of $13,725.00, and 45
261
,!
ACTION:
ACTION:
consecutive calendar days; that Council authorize the
Director of Finance to establish a capital account
entitled "Retaining' Wall-Campbell/Patterson", in the
amount of $15,000.00 ($13,725.00 contract amount and
$1,275.00 project contingency); and reject all other bids
received by the City
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30764-102891) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 179.)
Mr. White moved the adoption of Ordinance No. 30764-
102891. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, White,
Bowles, Harvey and Mayor Taylor ...............
Bowers,
6.
NAYS: None 0.
(Council Member Fitzbatrick was absent.)
Mr. White offered the following emergency Ordinance:
(#30765-102891) AN ORDINANCE accepting the bid of
H & S Construction Company, of Roanoke, Virginia, for
construction of a gravity retaining wall and related work
at Patterson Avenue, S. W., and Campbell Avenue, S. W.,
upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials
to execute the requisite contract for such work;
rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 180.)
Mr. White moved the adoption of Ordinance No. 30765-
102891. The motion was seconded by Mr. Bowers and
adopted by the following vote:
262
ACTION:
AYES: Council Members Musser,
Bowles, Harvey and Mayor Taylor ........
White, Bowers,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
UNFINISHED BUSINESS:
COUNCIL-ELECTIONS: Council at its regular meeting
on Monday, August 12, 1991, having endorsed Items 1-4,
inclusive, contained in a document prepared by the City
Attorney under date of August 12, 1991, entitled "Steps
Required Prior To Holding Referendum on City Council
Election Procedures"; and the question of a specific
time-table for development of a plan for an election
district system, as well as appointment of a Citizens'
Task Force to work with City staff on the new plan, was
deferred until the next regular meeting of Council in
which it could be determined that all Members of the
Council would be in attendance, the matter was again
before the body.
Mr. White advised that on Monday, August 12, 1991,
Council voted that action on the matter would be deferred
until all Members of the Council were in attendance; that
he respected the fact that it was necessary after the
agenda was prepared for Mr. Fitzpatrick to be out of the
City on this particular date, however, in view of the
fact that the matter has been delayed for quite some
time, it is important that Council address the issue at
the present time.
Mr. Harvey spoke in support of establishing a
deadline of July 1, 1992, for preparation of the details
of a proposed voting plan; and Mr. White spoke in support
of developing a voting plan within 90 to 120 days.
Mr. Bowers spoke in support of the City Manager
developing a proposed voting plan within 60 to 90 days,
advising that the proposed Citizens' Task Force should be
composed of representatives from all sections of the
City.
Following discussion of the matter, Mr. Bowers moved
that the City Manager be requested to report to Council
with no more than three plans for a modified ward system
for the City of Roanoke by January 31, 1992; and that the
Council submit the names of persons to serve on the
Citizens' Task Force within two weeks, that members of
the Task Force be representative of the Various
neighborhoods of the City, and that Council appoint the
Task Force at its regular meeting on Monday, December 2,
1991. The motion was seconded by Mr. White.
263
ACTION:
Following discussion of the motion, the City Manager
requested that he be given 14 days in which to report to
Council in order to set forth his interpretation of the
types of information requested by Council and to insure
that City staff will, in fact, address all of the issues
requested by Council.
Following further discussion of the motion, Mr.
Bowers advised that he would be willing to amend his
motion to request that the City Manager study all
reasonable voting alternatives, and Mr. White, who
seconded the motion, concurred in the proposed amendment.
Mr. Harvey inquired if Mr. Bowers would be willing
to hold his motion in abeyance pending a report from the
City Manager within two weeks as to his interpretation of
the types of information being requested by Council;
whereupon, Mr. Bowers pointed out that the matter was
discussed in November 1990, once again in January 1991,
once again in August 1991, and it is now time to proceed,
therefore, he stated that he would not be in favor of
delaying the matter any longer.
Mr. Harvey offered a substitute motion that the City
Manager be requested to report to Council within two
weeks (November ii, 1991) as to his interpretation of the
types of information being requested by Council. The
motion was seconded by Mr. Musser.
Mr. H. Joel Kelly, 730 13th Street, S. W., advised
that the matter has been held in abeyance for quite some
time and it was made clear during the August 12, 1991,
meeting of Council that two matters needed to be decided
upon; viz: a timetable for submitting a proposed voting
plan and appointment of a Citizens' Task Force. He
stated that the end result of the decision at the August
meeting was that the matter would be considered at the
next meeting of Council in which a full Council was in
attendance, advising that he found it difficult to
believe that between August 12, 1991, and October 28,
1991, that all of the Members of Council have not been in
attendance at the same Council meeting. He stated that
there seems to be a certain amount of confusion among
Council Members as to what should be done; and when the
matter was discussed in August, Council was apprised of
the various steps required to be taken and how long it
would take City staff to accomplish each step. He urged
that Council not delay the matter any longer and decide
upon a definite date when task force members will be
appointed, as well as various actions that need to be
taken prior to submitting the question to the citizens in
the form of a referendum.
264
ACTION=
Mr. A. Byron Smith, 4710 Cheraw Lake Road, N. W.,
inquired if all of the questions that Council Members are
presently raising were responded to during the
consolidation debates; whereupon, Mr. Musser advised that
the questions were answered, however, the must be
answered once again based on the 1990 census and based on
City of Roanoke population rather than Roanoke City and
Roanoke County population in total. Mr. Smith expressed
concern over the delay in addressing the matter and
stated that he did not understand why Council has avoided
a vote on whether or not it is in favor of a modified
ward system.
The City Manager advised that in August, 1991, when
Council indicated that it would address the matter when
all Members of the Council were in attendance, it was
known at that time that it would be necessary to engage
an independent consultant to perform certain services;
that a contract exists with the Fifth Planning District
Commission who, in turn, has engaged in a contract with
the same company that was hired during the consolidation
process, and all parties are positioned and ready to move
forward once Council makes a decision. Inasmuch as the
necessary procurement has been accomplished and staff is
ready to proceed, he stated that it is important that he
be given very specific instructions as to his assignment
by Council, advising that he did not wish to do any more
than he was was authorized to do nor did he wish to do
any less, that City staff is positioned to proceed once
it is given a definition of the work scope which was the
reason for his suggestion that he be given an opportunity
to define the work scope according to his interpretation.
The Reverend Charles T. Green, 1731 Hanover Avenue,
N. W., spoke in support of moving forward on the
procedure, advising that Council has procrastinated long
enough. He stated that he felt most citizens would be in
favor of a modified ward system because it would cause a
Council Member from a specific ward to be accountable to
the citizens from his or her district, and the cost of
running for election in a modified ward system would be
much less than the current at-large system.
The substitute motion offered by Mr. Harvey,
seconded by Mr. Musser, that the City Manager report to
Council by Monday~ November 11, 1991, with his
interpretation of the work scope, was adopted by the
following vote:
265
ACTION=
AYES: Council Members Musser, Bowles, Harvey and
Mayor Taylor ..... -4.
NAYS: Council Members Bowers and White-
----2.
(Council Member Fitzpatrick was absent.)
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 30751-102891 rezoning
property located at 3526, 3534, 3538 and 3542 Melrose
Avenue, N. W., and 1025 36th Street, N. W., Official Tax
Nos. 2660301 - 2660304, inclusive, and 2660309 and
2660310, from C-2, General Commercial District, and RM-1,
Residential Multi-Family, Low Density District, to RM-4,
Residential Multi-Family, High Density District, subject
to certain conditions proffered by and set forth in the
Second Amended Petition for rezoning, having previously
been before the Council for its first reading on Monday,
October 21, 1991, read and adopted on its first reading
and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final
adoption:
(#30751-102891) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 266, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 166.)
Mr. Bowers moved the adoption of Ordinance No.
30751-102891. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Mayor Taylor- - ..... 5.
NAYS: None- 0.
(Council Member Fitzpatrick was absent.) (Council Member
Musser was out of the Council Chamber when the vote was
recorded.)
INDUSTRIES (INDUSTRIAL DEVELOPMENTAUTHORITY): Mro
White offered the following resolution reappointing Ms.
Margaret R. Baker as a Director of the Industrial
Development Authority of the City of Roanoke, for a term
ending October 20, 1995:
266
ACTION:
ACTION:
(#30766-102891) A RESOLUTION appointing a Director
of the Industrial Development Authority of the City of
Roanoke, to fill a four year term on its Board of
Directors.
(For full text of Resolution, see Resolution Book No. 53,
page 181.)
Mr. White moved the adoption of Resolution No.
30766-102891. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Mayor Taylor ..................... 5.
NAYS: None -0.
(Council Member Fitzpatrick was absent.) (Council Member
Musser was out of the Council Chamber when the vote was
recorded.)
INDUSTRIES (INDUSTRIAL DEVELOPMENT AUTHORITY): Mrs.
Bowles offered the following resolution reappointing Mr.
John J. Butler as a Director of the Industrial
Development Authority of the City of Roanoke, for a term
ending October 20, 1995:
(#30767-102891) A RESOLUTION reappointing a
Director of the Industrial Development Authority of the
City of Roanoke, to fill a four year term on its Board of
Directors.
(For full text of Resolution, see Resolution Book No. 53,
page 182.)
Mrs. Bowles moved the adoption of Resolution No.
30767-102891. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Mayor Taylor ....... 5.
NAYS: None 0.
(Council Member Fitzpatrick was absent.) (Council Member
Musser was out of the Council Chamber when the vote was
recorded.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL. NONE.
267
OTHER HEARINGS OF CITIZENS: NONE.
At 3:55 p.m., the Mayor declared the meeting in
recess.
At 4:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Member Fitzpatrick.
ACTION:
COUNCIL: With rsspect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White,
Bowles, Harvey and Mayor Taylor ....
Bowers,
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 4:57 p.m.
AP P'ROVE D
ATTEST
City Clerk
268
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
November 4, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, November 4,
1991, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members William White, Sr., David A. Bowers,
Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr. (arrived at 2:20
p.m.), Howard E. Musser and Mayor Noel C. Taylor ...... 7.
ABSENT: None. 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling, Jr.,
City Attorney; Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Everett
Kier, Pastor, Grace Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss personnel matters relating to vacancies on
various authorities, boards, commissions, and committees
appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
269
ACTION:
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members White,
Harvey, Musser and Mayor Taylor .......
Bowers, Bowles,
6.
NAYS: None. 0.
(Council Member Fitzpatrick had not entered the meeting.)
TOTAL ACTION AGAINST POVERTY OF THE ROANOKE VALLEY,
INC.-GRANTS: A report of the City Manager advising that
Council approved the Community Development Block Grant
(CDBG) Program Fiscal Year 1992 Budget and Statement of
Objectives on May 13, 1991, pursuant to Resolution No.
30508-51391; that Total Action Against Poverty (TAP) has
requested funds to provide support for its Transitional
Living Center, which benefits homeless individuals and
families; and the City Administration has recommended to
Council that $20,000.00 in unprogrammed CDBG program
income be used as part of the funding toward TAP's
request.
It was further advised that citizen participation
requirements call for an evening public hearing to amend
the CDBG program and budget in order to add new
activities or programs; and presentation of the amended
fiscal year 1992 CDBG program and budget, which will
include the Transitional Living Center, will be proposed
to Council on Monday, November 11, 1991.
The City Manager recommended that Council schedule
a public hearing for Monday, November 11, 1991, at 2:00
p.m., or as soon thereafter as the matter may be heard,
to receive public comments on proposed amendments to the
1991-1992 Community Development Block Grant program.
(For full text, see report on file in the City Clerk's
Office.)
270
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the
recommendation of the City Manager and schedule a public
hearing on Monday, November 11, 1991, at 2:00 p.m., or as
soon thereafter as the matter may be heard. The motion
was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor ........... 6.
NAYS: None
e
(Council Member Fitzpatrick had not entered the meeting.)
PENDING LIST: A list of items pending from July 10,
1978, through October 28, 1991, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mrs. Bowles moved that the pending list be received
and filed. The motion was seconded by Mr. Musser and
adopted by the following, vote:
AYES: Council Members White,
Harvey, Musser and Mayor Taylor .......
Bowers, Bowles,
6.
NAYS: None
e
(Council Member Fltzpatrlck had not entered the meeting.)
'REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
PARKS AND RECREATION: Mr. Gary N. Fenton, Manager
of the Department of Parks and Recreation, introduced Mr.
Daniel J. Henry, Urban Forester for the City, to present
a briefing on the City's urban forestry efforts. He
advised that the beauty of trees and the effect they have
on the image of the City is a small part of their value
271
to the citizens of Roanoke and environmsntally, trees
have a tremendous impact by removing pollutants from the
air, providing relief from temperature extremes, reducing
noise, inhibiting erosion and screening unsightly views.
At this point, 2:20 p.m., Mr. Fitzpatrick entered
the meeting.
Mr. Henry advised that it is estimated that the City
has between 15,000 and 20,000 trees along its streets and
in its parks; that in the past, little attention has been
devoted to the City's trees, with trees aging and dying
without steady replacement which has left unfortunate
gaps in the landscape and it will take a number of years
to reverse the situation. However, he explained that the
City has begun to recognize the problem and take
corrective action. He stated that the City's current
program includes nine full time employees, with 14 items
of equipment to support the urban forestry operation. He
explained that the main responsibilities of the program
consist of tree maintenance, tree removal and
reforestation, pruning of more than 3,000 City trees per
year for purposes of public safety and tree health,
removal of more than 500 trees per year and planting of
more than 350 trees per year. He stated that routine
tree pruning and removal work is performed on a schedule
basis by area with a target goal of a three to five year
cycle. He pointed out that the administrative objective
is to utilize the computerized tree management system
which was recently acquired with a $5,000.00 America The
Beautiful Grant award which has enabled the City to
continuously compile and analyze all tree inventory data
and provide daily work orders, record keeping and
summaries. He stated that the objective of tree
maintenance is to continue the emphasis of transition
from a crisis management situation toward a scheduled
tree maintenance system. He added that the reforestation
objective is to stabilize the City's tree population by
planting more trees through use of budget funds in
conjunction with corporate and private donations.
Mr. Henry presented slides illustrating specific
problems, as well as proposed solutions relative to the
City's urban forestry program, and slides depicting the
benefits of maintaining the City's urban forest. He also
presented written information with regard to pruning
terminology.
272
HEALTH DEPARTMENT: Dr. Donald R. Stern, Director of
the Roanoke City Health Department, presented the fiscal
year 1991 Annual Report of the Health Department. He
advised that if he were asked what are the four major
public health issues in Roanoke City, his response would
be teen pregnancy, sexually transmitted diseases, school
health as a strategy for addressing primary care needs of
children, and access to affordable, legal drugs and
medicines to the adult population of Roanoke City. He
presented information with regard to statistics on teen
pregnancy in Roanoke City, the Health Department's
Sexually Transmitted Disease program, school health
services, and the Health Department Pharmacy.
(For full text, see Annual Report on file in the City
Clerk's Office.)
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMANRESOURCES-~T~ACTION AGAINST POVERTY:
The City Manager submitted a written report advising that
in response to the City's study, "No Place to Call Home:
A Study of Housing and Homelessness in Roanoke,
Virginia", published in April, 1987, Total Acti6n Against
Poverty established the Transitional Living Center in
September 1988, to provide comprehensive services
enabling the homeless to stabilize their lifestyle and
become self-sufficient; that since 1988, $1,122,197.00 in
City funds have been allocated for homeless assistance,
homeless prevention, and to the general budget of Total
Action Against Poverty; that an additional $321,465.00
from Federal and State grants have been allocated to
individuals and local agencies for homeless assistance
and prevention; and TAP was awarded a five-year
Supportive Housing Demonstration Program Grant from the
United States Department of Housing and Urban
Development, in the amount of $808,635.00, to assist with
operating costs of the Transitional Living Center (TLC).
It was further advised that since opening, 800
clients have successfully completed the TLC program and
have secured permaneht housing; that the grant from HUD
requires matching funds; that TAP must secure funds and
pledges to match the Supportive Housing Demonstration
Program Grant by November 15, 1991; that Ccuncil has
authorized appropriation of $87,847.00 to TAP's
Transitional Living Center since 1988; that $66,790.00
from the Emergency Shelter Resource Fund has been
273
authorized by Council for TAP's Transitional Living
Center; and since 1988, the City of Salem and the
Counties of Botetourt and Roanoke have provided or
committed financial support to the TLC, as follows:
Roanoke County
Salem
Botetourt County
$40,000.00
29,000.00
5,500.00
It was explained that TAP requested $37,452.00 for
the Transitional Living Center from the City of Roanoke
as a supplemental budget request in January 1991, which
request is pending with no funding source having been
identified.
It was pointed out that TAP must secure funds and
pledges to match th9 Supportive Housing Demonstration
Program award for fiscal year 1991-92 by November 15,
1991; that TAP is $87,000.00 short of the total match
required; that private donations to the Transitional
Living Center from business have been drastically
reduced; and TAP has submitted additional requests to the
four Roanoke Valley governments to supply the balance
needed to make up the HUD match, as follows:
Roanoke City
Roanoke County
Salem
Botetourt County
$37,500.00
10,000.00
5,000.00
2,500.00
The City Managgr advised that TAP has documented
that approximately 61 per cent of current TLC clients are
Roanoke City residents; and since the request was
submitted, $15,000.00 has been pledged by the private
sector.
The City Manager recommended that Council approve
the transfer of $37,500.00 to Total Action Against
Poverty, Transitional Living Center, from the General
Fund Contingency and consider amending the Community
Development Block Grant program and budget on Monday,
November 11, 1991, to provide $20,000.00 in CDBG funds.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey inquired if Mr. Edlich would be willing
to incorporate some means of polling individuals who
reside at the Transitional Living Center to determine the
locality of their residence; whereupon, Mr. Edlich
advised that he would incorporate the City's criteria, as
274
ACTION:
ACTION:
well as any other suggestions offered by the City. He
expressed appreciation to the City Manager for working
with TAP and for his good faith effort to assist TAP in
raising funds from the private sector.
Mr. Musser called attention to the severity of the
lack of funds for this fiscal year and stated that the
problem will be even more severe next year. He added
that it would be unfortunate for any other service
organization to think that Council could provide the same
type of assistance for them as that which was provided
for TAP's Transitional Living Center.
Following discussion of the matter, and in order to
emphasize the severity of the current recession, Mr.
Harvey moved that any additional requests of human
service organizations for funds for fiscal year 1991-92
will be referred to 1992-93 budget study for
consideration by Council. The motion was seconded by Mr.
White and adopted, Mr. Fitzpatrick voting no.
Mrs. Bowles off~red the following emergency budget
Ordinance:
(#30767A-110491) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 183.)
Mrs. Bowles moved the adoption of Ordinance No.
30767A-110491. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member White abstained from voting.)
INSURANCE-CITY EMPLOYEES: The City Manager
submitted a written report advising that the present
Comprehensive Health Insurance contract with Blue Cross
and Blue Shield of Virginia expires on December 31, 1991;
that the City currently contributes 90 per cent towards
the "employee only" rate; that specifications were
developed to obtain competitive proposals for the City's
Group Health Plan; that a Request for Proposals was
completed which includes a one-year contract for the
275
existing Health Insurance Plan; and pursuant to public
advertisement, 31 agents/brokers were mailed Requests for
Proposals on September 27, 1991, with three responses
having been received and publicly opened at 2:00 p.m., on
Friday, October 18, 1991, in the Office of the Manager of
General Services.
It was further advised that medical costs have
escalated in recent years causing a direct increase in
health insurance premiums, with health insurance
providers projecting a 21.5 per cent regional cost trend
increase in 1991, assuming a break even point between
premiums and claims experience; that, as such, assuming
a break even between premiums and claims, a 21.5 per cent
rate could be expected; that the employee's share of
health care premiums has been the same during the past
two contract years; and claims experience for the City
between August 1, 1990, and July 31, 1991, is very close
to the level of premiums for the same time period, with
claims paid out during this period being $3,304,471.00,
compared to $3,389,813.00 paid in premiums.
The City Manager explained that he appointed a Bid
Committee to evaluate the current situation, review
proposals and make recommendations; that initial
evaluations were made by the Bid Committee and the
Department of General Services on the proposals, with
health care proposals having met specifications; that the
City Attorney advised that pursuant to the City's
Procurement Code, negotiations are permissible under
Section 23.1-6 for procurement of Health Insurance
Services; that informational meetings were conducted with
Blue Cross and Blue Shield of Virginia which company was
deemed fully qualified to meet the City's needs and
offered to provide the requested services at the lowest
cost; and negotiations were conducted with Blue Cross and
Blue Shield of Virginia for health insurance following
the guidelines of the City's Procurement Code.
The City Manager recommended that Council approve
award of a contract for health care insurance coverage to
Blue Cross and Blue Shield of Virginia for a period of
one year, beginning January 1, 1992, and ending
December 31, 1992. He explained that the City's
contribution will continue to be 90 per cent of the
"employee only," premium cost; however, due to the
financial impact of this increase, current rates will
remain in effect for employees through March, 1992; and
the employee's share of new rates will be deducted
276
beginning April 8, 1992, which means that the City will
absorb the increased ~hare of health care plan costs from
December 1991 through March 1992 that would normally be
passed on to employees beginning with their first payroll
check in December.
The City Manager advised that monthly rates for the
new contract are as follows:
Employee $159.94
Employee/Child 230.36
Family 374.34
Mr. Herbert further advised that employee cost after
City contribution, effective
follows:
April 8, 1992; is as
Additional
Proposed Proposed Bi-Weekly
Monthly Bi-Weekly Cost
Employee $ 15.94 $ 7.97 $ 1.24
Employee/Child 86.36 43.18 6.85
Family 230.34 115.17 18.32
The City Manager pointed out that the present City
contribution toward health insurance is $121.00 per
participating employee per month; that the new
contribution based on "employee only" cost is $144.00,
which represents a $23.00 increase per participating
employee per month; that health insurance premiums for
1992 are projected at $5,573,333.00 based on current
enrollment data which includes a reserve account to be
held by the City to provide for any claims cost that
would be incurred within 24 months of the termination of
the contract; and additional funds required to absorb the
increased rates for four months is $88,316.00 which is
available in the 1991-92 budget.
The City Manager further recommended that he be
authorized to execute the contract in a form as approved
by the City Attorney, with the understanding that Blue
Cross and Blue Shield of Virginia will provide him with
said contract, ready for execution, no later than
December 15, 1991.
(For full text, see report on file in the City Clerk's
Office.)
277
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#30768-110491) A RESOLUTION authorizing the
execution of a contract and related documents with Blue
Cross and Blue Shield of Virginia to provide group
hospitalization and health insurance for employees of the
City and members of their families.
(For full text of Resolution, see Resolution Book No. 53,
page 183.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30768-110491. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor .......... 7.
NAYS: None' O.
At 3:55 p.m., the Mayor declared the meeting in
recess.
At 4:00 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
JUVENILE DETENTION HOME: The City Manager submitted
a written report advising that the City of Roanoke,
County of Roanoke, and City of Salem entered into a
contract in January 1987, whereby the localities would
jointly use Youth Haven I and Youth Haven II to provide
non-secure residential care for youth of the Roanoke
Valley; that under the terms of the contract, the per
diem rate was set at $25.00 for the first 18 months of
operation; and the three Jurisdictions have negotiated a
new contract which bases the per diem rate on the actual
local operating expenses for the prior fiscal year, or
based on a per diem established by any Federal or State
agency for the facility or program.
It was further advised that Title XX are those
Federal funds received by the Department of Social
Services to provide care for citizens; that Title XX
vendor designation will permit youth, who are wards of
the local Department of Social Services, to be placed in
the facility and to be reimbursed under Title XX monies
allocated to the local departments; that the City of
Roanoke, on behalf of Youth Haven I, and the County of
Roanoke, on behalf of Youth Haven II, received Title XX
vendor status in 1989 as established by the Commonwealth
278
ACTION=
of Virginia's Department of Social Services'
Interdepartmental Committee on Rate Setting; that the
rates are calculated after considering operating
expenses, less any grants and monies received from State
and Federal agencies; that the rate established by the
Committee for the 1991-92 fiscal year for Youth Haven I
is $30.41, and the rate established by the Committee for
the 1991-92 fiscal year for Youth Haven II is $37.50; and
the contract period was extended for nine months on
August 27, 1991, by the Commonwealth of Virginia
Department of Social' Services, in order to establish a
new application cycle due to an overload of fiscal year
application reviews.
It was explained that Youth Haven II, operated by
the County of Roanoke, has executed a contract with the
Commonwealth of Virginia's Department of Social Services
and is currently eligible to receive children from
Roanoke City's Department of Social Services using Title
XX funding for reimbursement; that Youth Haven I has
received a new contract from the Commonwealth of
Virginia's Department of Social Services, which contract
has been reviewed by the City Attorney's Office and needs
to be executed and returned to the State Department of
Social Services, which extends the current contract to
March 31, 1993.
The City Manager recommended that he be authorized
to execute the contract with the Commonwealth of
Virginia's Department of Social Services extending the
contract period to March 31, 1993.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following Resolution:
(#30769-110491) A RESOLUTION authorizing a contract
to be entered with the Commonwealth of Virginia
Department of Socia% Services for the procurement of
certain services at Youth Haven I by the County of
Roanoke's Department of Social Services.
(For full text of Resolution, see Resolution Book No. 53,
page 184.)
Mr. Musser moved the adoption of Resolution No.
30769-110491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
279
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor .... 7.
NAYS: None-- 0.
BUDGET-SOUTHWEST VIRGINIA COMMUNITY DEVELOPMENT
FUND-GRANTS: The City Manager submitted a written report
advising that the Western Virginia Revolving Loan Fund is
a project operated by Southwest Virginia Community
Development Fund (SVCDF)to provide low interest loans to
small businesses in greater northwest Roanoke and
industrial areas of the City for the creation of Jobs;
that local matching funds necessary for the program are
provided by Community Development Block Grant funds; and
these funds leverage a minimum of 11 times their amount
in additional funds from various sources for small
businesses in Roanoke.
It was further advised that Council authorized the
third year of funding for the Western Virginia Revolving
Loan Fund as a part of the Community Development Block
Grant application, approved by Council on May 13, 1991,
pursuant to Resolution No. 30508-51391; that the request
of the Southwest Virginia Community Development Fund
could not be fully funded due to CDBG budget constraints;
that only $20,000.00 in new funds was allocated to the
program instead of $33,333.00 as requested; that
$25,996.00 added in funds carried over from previous
years brought the fiscal year 1992 total to $45,996.00 in
CDBG funds; and the SVCDF loan to assist the Northwest
Supermarket project used the balance of funds available,
leaving the loan pool without local matching funds with
which to leverage additional monies.
It was explained that the Southwest Virginia
Community Development Fund has requested an additional
$20,000.00 in Community Development Block Grant funds to
allow the issuance of two loans to small, minority-owned
businesses in the City of Roanoke; that these funds would
leverage more than $600,000.00 from other sources and
result in the creation of 22 new jobs; that an
administrative agreement between the City and SVCDF was
authorized by Council on June 24, 1991, pursuant to
Resolution No. 30577-62491, to cover the period of July
1, 1991, through June 30, 1992; and the agreement needs
to be amended in order to add additional funds.
The City Manager recommended that he be authorized
to execute an Amendment to the Agreement with the
Southwest Virginia Community Development Fund to provide
for $20,000.00 in additional funds for the Western
28O
ACTION:
ACTION:
Virginia Revolving Loan Fund; and that the Director of
Finance be authorized to transfer $20,000.00 to an
appropriate CDBG account.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30770-110491) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 185.)
Mr. White moved the adoption of Ordinance No. 30770-
110491. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers,
Fitzpatrick, Harvey, Musser and Mayor Taylor ......
NAYS: None
Bowles,
Mr. Fitzpatrick offered the following Resolution:
(#30771-110491) A RESOLUTION authorizing an
amendment to the contract between the City and Southwest
Virginia Community Development Fund, dated July 22, 1991,
such amendment relating to funding of a revolving loan
program only.
(For full text of Resolution, see Resolution Book No. 53,
page 186.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30771-110491. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None-
WATER DEPARTMENT: The City Manager submitted a
written report with regard to Change Order No. 6 for
Falling Creek Water Treatment Plant renovations, advising
that Construction .Phase II Contract with Acorn
Construction Limited was approved by Council on Monday,
281
ACTION:
June 25, 1990, in the amount of $1,004,119.00, with a
contract contingency of $50,881.00; that construction
contract amount to date is $1,089,705.92, which includes
$67,800.00 for spillway modifications for which money was
transferred to the account; and current contract
completion date is August 24, 1991.
It was further advised that unforeseen circumstances
involved in renovation work have prompted various changes
to streamline operations as well as to improve safety and
overall efficiency and convenience of the plant; and the
contractor is currently past the contractual completion
date and liquidated damages are being assessed.
It was explained that necessary changes totaling
$14,335.00, will require an additional seven days to be
added to the contract; that the additional time is
included for surge pond modifications inasmuch as this is
the only change order which affects substantial
completion; that contingency amount remaining after the
necessary changes would be $3,232.70, and total contract
amount would be increased to $1,104,040.92, with a
contract completion date to be extended to August 31,
1991.
The City Manager recommended that he be authorized
to issue Change Order No. 6 to the contract with Acorn
Construction, Ltd., in the amount of $14,335.00 and seven
consecutive calendar days, with the project completion
date to be changed to August 31, 1991, for a total
contract amount of $1,104,040.92.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
Ordinance:
(#30772-110491) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 6 to the City's
contract with Acorn Construction, Ltd., for construction
of Phase II of the Falling Creek Water Treatment Plant;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 187.)
Mrs. Bowles moved the adoption of Ordinance No.
30772-110491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
282
AYES: Counci! Members White, Bowers,
Fitzpatrick, Harvey, Musser and Mayor Taylor---
NAYS: None
Bowles,
WATER DEPARTMENT: Mr. Kit B. Kiser, Director of
Utilities and Operations, presented a status report on
the Falling Creek Filter Plant project, advising that an
inspection was performed on this date to determine if the
project is to the point where the City could assume
substantial completion; that is was determined that the
City is not ready to take substantial completion of the
facility; and the City Engineer's Office will work with
the City Attorney's Office to determine an appropriate
course of action.
DIRECTOR OF FINANCE:
WATER DEPARTMENT-BONDS: The Director of Finance
submitted a written report advising that the City of
Roanoke has established the need to expand the water
system capacity from 18 MGD to 28 MGD and related
improvements; that estimated 1990 capital cost to
complete the expansion is $28,300,000.00; that funding
source for expansion of the water system is a phased-in
water rate increase adopted pursuant to Ordinance No.
30614-70891, Monday, July 8, 1991; and anticipated
revenue increases are as follows:
Cumulative
Revenue Revenue
Effective Date Increase Increase
August 1, 1991
July 1, 1992
July 1, 1993
654,654.00
60,038.00
77,230.00
$ 654,654.00
1,614,692.00
2,591,923.00
It was further advised that the bond issue size is
recommended to be $29,505,000.00 due to certain factors
as more fully set forth in the report.
Mr. Schlanger explained that the 1991 Water Bond
Issue of $29,505,000.00 is adequately supported by
approved user fee rate adjustments and could be
successfully issued as a Revenue Bond; that he would
anticipate a bond rating of one grade below the City's
General Obligation rating of AA and an interest rate of
approximately 7.0 per cent; that as of June 30, 1991, the
City's legal debt margin for additional General
Obligation debt was $226,223,749.00; that this debt
margin substantially exceeds the City's current ability
to incur additional debt; that Water Bonds may be issued
283
as General Obligation Bonds with a bond rating of AA and
with an estimated interest rate of 6.6 per cent; that the
.4 per cent interest rate reduction equates to
$1,700,000.00 of interest savings cost over the 20 year
issue; that debt service would be paid 100 per cent by
revenues from the Water Fund; and all previous Water Bond
Issues were issued as general obligation bonds for this
same reason.
ACTION:
The Director of Finance advised that based on
interest cost savings, flexibility available in the legal
debt margin and historical repayment of prior Water Bond
Issues, it is his recommendation that the City should
issue General Obligation Bonds in lieu of Revenue Bonds,
and if Council concurs in the recommendation, it is his
intention to combine this issue with the previously
authorized but unissued General Obligation Bonds:
$6,800,000.00 Tower Parking Garage, $15,250,000.00
General Improvements, and the refunding of the 1985
Series.
(For full text, see report on file in the City Clerk's
Office.)
The City Attorney advised that provisions of the
Public Finance Act, require that a public hearing must be
held prior to issuing general obligation bonds, which
public hearing must be advertised once a week for two
consecutive weeks, with the second notice to be not more
than 21 nor less than six days prior to the public
hearing. Therefore, he recommended that Council
establish a public hearing with respect to the bond issue
to be held on Monday, November 25, 1991, at 7:00 p.m., or
as soon thereafter as the matter may be heard, which will
allow the City sufficient time to advertise on November
8 and 15, advising that subsequent to the public hearing,
he will present a measure to Council for adoption which
will allow the bond issue to move forward.
Mr. Harvey moved that Council concur in the
recommendation of the City Attorney and that a public
hearing be held on Monday, November 25, 1991, at 7:00
p.m., or as soon thereafter as the matter may be heard,
in the Auditorium of the Hurt Park Elementary School.
The motion was seconded by Mr. Musser and adopted.
284
ACTION:
REPORTS OF CO~R4I~EES:
AUDIT COMMITTEE: Council Member David A. Bowers,
Chairperson of the Audit Committee, presented minutes of
the meeting which was held on Monday, October 21, 1991.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. Bowers moved that the minutes be received and
filed. The motion was seconded by Mr. White and adopted.
CIVIC CENTER: The Roanoke Civic Center Commission
submitted a written report advising that Civic Center
computerized ticket sales have been contracted through
Tlcketron since January, 1983; that Tlcketron's contract
with the City expired ON December 31, 1990; that the City
solicited bids in September 1990, from major computer
ticketing firms throughout the country, pursuant to the
City's Procurement Code; that bids were received from
Ticketron and Ticketmaster; and Council adopted
Resolution No. 30364-10791, accepting the bid of
Ticketron and authorized the City Manager to execute the
appropriate contract for such services with Ticketron.
It was further advised that the City received notice
that Ticketmaster took over all Ticketron assets on
June 1, 1991; that the agreement with Tlcketron dated
February 1, 1991, was not executed by Tlcketron
officials, possibly because of knowledge that the take-
over was imminent; that Ticketmaster is now the only
computerized ticketing service of its kind available in
the market; that Ticketmaster requires no up-front
capital expenditure to become part of its network, with
equipment, hardware, software, supplies and outlet
support provided; that Tlcketmaster's customer service
charges and internal per ticket charge cover operating
costs; and internal ticket charges are considered as an
event expense and paid for by the event or by the
building lessee.
The Civic Center Commission recommended that Council
authorize appropriate City officials to execute an
agreement with Ticketmaster, in a form to be approved by
the City Attorney, to provide for a computerized
ticketing service for the Roanoke Civic Center, for a
five year term at the following fees:
Box Office -
Remote -
Telephone -
.07 per ticket
.10 per ticket
2.8% of gross sales
285
ACTION:
ACTION:
Service charge to the customer of
$1.50 per ticket for tickets
purchased at remote outlets and
$2.55 per ticket for tickets
purchased by telephone.
The City Manager submitted a written report
concurring in the recommendation of the Civic Center
Commission.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
(#30773-110491). A RESOLUTION authorizing a contract
for the provision of computerized ticketing services at
the Roanoke Civic Center, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 188.)
Mr. Harvey moved the adoption of Resolution No.
30773-110491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor- 7.
NAYS: None 0.
Mr. Harvey moved that the report of the City Manager
be received and filed. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL. None.
OTHER HEARINGS OF CITIZENS: None.
At 4:10 p.m., the Mayor declared the meeting in
recess.
286
ACTION:
ACTION=
ACTION=
At 4:58 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None 0.
FLOOD REDUCTION/CONTROL (FLOOD PLAIN COMMITTEE):
The Mayor advised that there is a vacancy on the Flood
Plain Committee, created by the resignation of Mr. Jim
Sailors, for a term ending June 30, 1992, and called for
nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Kathy S.
Hill.
There being no further nominations, Ms. Hill was
elected as a member of the Flood Plain Committee, for a
term ending June 30, 1992, by the following vote:
FOR MS. HILL: Council Members White, Bowers,
Bowles, Fitzpatrick, Harvey, Musser and Mayor Taylor---7.
YOUTH (YOUTH SERVICES CITIZEN BOARD): The Mayor
advised that there is a vacancy on the Youth Services
Citizen Board, created by the resignation of Ms.
Rebecca L. Carter, for a term ending May 31, 1994, and
called for nominations to fill the vacancy.
Mr. White placed in nomination the name of E. Ann
Hill.
There being no further nominations, Ms. Hill was
elected as a member of the Youth Services Citizen Board,
for a term ending May 31, 1994, by the following vote:
FOR MS. HILL: Council Members White, Bowers,
Bowles, Fitzpatrick, Harvey, Musser and Mayor Taylor---7.
287
ACTION:
ACTION:
WAR MEMORIAL COMMITTEE: The Mayor advised that
there is a vacancy on the War Memorial Committee, created
by the resignation of Mr. William B. Bagbey, for a term
ending June 30, 1992, and called for nominations to fill
the vacancy.
Mr. Musser placed in nomination the name of Sloan H.
Hoopes.
There being no further nominations, Mr. Hoopes was
elected as a member of the War Memorial Committee, for a
term ending June 30, 1992, by the following vote:
FOR MR. HOOPES: Council Members White, Bowers,
Bowles, Fitzpatrick, Harvey, Musser and Mayor Taylor---7.
BUILDINGS (BUILDING MAINTENANCE DIVISION OF THE
BOARD OF BUILDING CODE APPEALS): The Mayor advised that
the five year terms of Messrs. Stanley G. Breakell and
Grady P. Gregory as members of the Building Maintenance
Division of the Board of Building Code Appeals will
expire on November 10, 1991, and called for nominations
to fill the vacancies.
Mr. Bowers placed in nomination the names of Stanley
G. Breakell and Grady P. Gregory.
There being no further nominations, Messrs. Breakell
and Gregory were reelected as members of the Building
Maintenance Division of the Board of Building Code
Appeals, for terms ending November 10, 1996, by the
following vote:
FOR MESSRS. BREAKELL AND GREGORY: Council Members
White, Bowers, Bowles, Fitzpatrick, Harvey, Musser and
Mayor Taylor-- . ...... 7.
HI~4ANRESOURCES (ADVISORY BOARD OFHUMANRESOURCES):
The Mayor advised that the four year term of Ms.
Elizabeth H. Fetter as a member of the Advisory Board of
Human Resources will expire November 30, 1991, and called
for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the name of
Elizabeth H. Fetter.
There being no further nominations, Ms. Fetter was
reelected as a member of the Human Resources Advisory
Board, for a term ending November 30, 1995, by the
following vote:
288
ACTION:
FOR MS. FETTER: Council Members White, Bowers,
Bowles, Fitzpatrick, Harvey, Musser and Mayor Taylor--7.
There being no further business, the Mayor declared
the meeting adjourned at 5:05 p.m.
APPROVED
ATTE ST: / J
City Clerk
289
REGULAR WEEKLY SESSION ......
ROANOKE CITY COUNCIL
November 11, 1991
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, November 11,
1991, at 7:30 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members David A. Bowers, James G.
Harvey, II, Howard E. Musser, William White, Sr., and Mayor Noel C.
Taylor- ........ 5.
ABSENT: Council Members Elizabeth T. Bowles and Beverly T.
Fitzpatrick, Jr. - ....... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; William X Parsons, Assistant
City Attorney; James D. Grisso, Deputy Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Bradford L. Phillips, Pastor, Huntington Court United Methodist
Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT: The Mayor presented a pewter
cup to Ms. Kikumi Araki from Nagasaki, Prefecture, Japan,
who was participating in a two week orientation/
internship program with Roanoke County. The Mayor also
presented a "Key to the City" for Ms. Araki to present to
her Mayor upon her return to Nagasaki Prefecture.
BID OPENINGS
SEWERS AND STORM DRAINS: Pursuant to notice of
advertisement for bids for the Luck Avenue By-Pass Storm
Drain Project, said bids to be received by the City Clerk
until 4:30 p.m., on Monday, November 11, 1991, and to be
held, opened and read before the Council at 7:30 p.m., on
that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about
290
ACTION:
ACTION:
the advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Counts & Dobyns, Inc.
Branch Highways, Inc.
E. C. Pace Co., Inc.
R. S. Jones & Associates, Inc.
Aaron J. Conner General
Contractor, Inc.
Ramey, Inc.
H. T. Bowling, Inc.
Prillaman & Pace, Inc.
969,741.00
2,014,270.00
2,023,106.50
2,123,855.00
2,177,972.20
2,334,597.00
2,546,168.00
2,596,181.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and Kit B. Kiser as members
of the committee.
ARMORY/STADIUM: Pursuant to notice of advertisement
for bids for asbestos abatement, floor tile and mastic,
at the National Guard Armory, 32 Reserve Avenue, S. W.,
said bids to be received by the City Clerk until 4:30
p.m., on Monday, November 11, 1991, and to be held,
opened and read before the Council at 7:30 p.m., on that
date, or as soon thereafter as the matter may be heard,
the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
BIDDER
Western State Insulation
AREMCO, Inc.
Construction Services of
New River Valley
HICO, Inc.
Absolute Enterprise, Inc.
ACMC, Inc.
Strahle Construction Co., Inc.
Falcon Associates, Inc.
BASE BID TOTAL
$ 16,705.00
17,303.00
19,800.00
21,406.00
28,134.07
34,102.00
38,181.00
45,500.00
291
ACTION:
ACTION:
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and George C. Snead, Jr.,
as members of the committee.
PUBLIC HEARINGS
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a .public hearing for Monday, Novem-
ber 11, 1991, at 7:30 p.m., or as soon thereafter as the
matter may be heard, on the request of Mr. and Mrs.
Jackie L. Fuller to amend certain proffered conditions to
the rezoning of property located at 911 Tazewell Avenue,
S. E., described as Lot 4, Block 4, Map of Belmont Land
Company, Official Tax No. 4112104, which property was
previously rezoned from RG-1, General Residential
District, to C-2, General Commercial District, pursuant
to Ordinance No. 26770 on November 21, 1983, the matter
was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World News on Friday, October 25, 1991, and Friday,
November 1, 1991
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the original request for rezoning was
to permit the use of an existing structure on the
property to sell used furniture, household goods, antique
items and produce; and the proffered condition as a part
of the original rezoning request which was approved on
November 21, 1983, is as follows, was before Council.
There shall be no displays of merchandise
outside the existing building or any future
building located on the property, except that
nothing in this condition shall prohibit the
sale of produce from a produce truck on the
premises.
292
ACTION:
It was further advised that the current petition
seeks to amend the original rezoning approved on November
21, 1983, by removing the abovestated proffer to the
subject property in order to remove a proffer that is no
longer consistent with the proposed use and current
development of the property.
The Planning Commission recommended that Council
approve the request to delete the proffered condition
from the subject property inasmuch as the proffer is no
longer consistent with the proposed use and current
development of the property.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(#30774) AN ORDINANCE to amend Sections 36.1-3 and
36.1-4, Code of the City of Roanoke (1979), as amended,
and Sheet No. 411, Sectional 1976 Zone map, City of
Roanoke, in order to amend certain conditions presently
binding upon certain property previously conditionally
rezoned from RG-1, General Residential District, to C-2,
General Commercial District.
(For full text of Ordinance, see Ordinance Book No. 53,
page 202.)
The motion was seconded by Mr. Harvey.
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter;
whereupon, Mr. Earl E. Elkins, 921 Tazewell Avenue,
S. E., advised that he owns property located at 925
Tazewell Avenue which is 48 feet from the property
proposed to be rezoned. He stated that as a part of the
proffered conditions to rezoning, trees are required to
be planted as a buffer, and inquired as to why there was
no agreement that the trees would be planted prior to
approval of the rezoning and final inspection of the
building. He also expressed concern that there may be
loud noise as a result of activities sponsored by the
American War Veterans.
Mr. James M. Zadell, Attorney, representing the
petitioner, advised that the site plan calls for a buffer
to be in place, ten feet wide and 50-60 feet in depth.
He added that his client will comply with the City's site
development plan of installing a buffer whether it be in
293
I!
the middle of December or in the spring, and prior to
occupancy of the building by the new owner, a bond must
be posted which will satisfy the planting of the trees.
In connection with the noise concern expressed by Mr.
Elkins, he stated that there will not be any disruption
as a result of loud noises from activities of the
American War Veterans. He explained that the building
will be a handsome addition to the neighborhood and
requested Council's approval of the rezoning.
Upon question, Mr. John R. Marlles, Secretary of the
City Planning Commission, advised that it is not unusual
for projects which are at this particular stage of
construction and landscaping to be put on hold until the
warmer months of the year. He stated that it is felt
that through the bonding mechanism and issuance of a full
certificate of occupancy, the City has sufficient control
over the situation to insure that the buffer will be
developed as required in the proffered site plan.
No other persons wishing to address the Council,
Ordinance No. 30774 was adopted on its first reading by
the following vote:
AYES: Council Members Bowers, Harvey, Musser, White
and Mayor Taylor ............ 5.
NAYS: None 0.
(Council Members Bowles and Fitzpatrick were absent.)
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 11, 1991, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Mr. and Mrs.
Jackie L. Fuller that a tract of land located at 911
Tazewell Avenue, S. E., identified as Official Tax
4112105, be rezoned from RM-2, Residential Multi-Family,
Medium Density District, to C-2, General Commercial
District, subject to certain conditions proffered by the
petitioners, the matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World News on Friday, October 25, 1991, and Friday,
November 1, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
294
ACTION:
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to
provide for the continued construction of a fraternal
lodge to be used by American War Veterans, was before
Council.
The Planning Commission recommended that Council
approve the request for rezoning, advising that the
rezoning is a logical extension of the adjoining
commercially zoned properties and would place the entire
building currently under construction into a conforming
zoning status.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the following Ordinance be
placed upon its first reading:
(#30775) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
411, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 203.)
The motion was seconded by Mr. Bowers.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning. There being none, Ordinance No. 30775 was
adopted on its first reading by the following vote:
AYES: Council Members Bowers, Harvey, Musser, White
and Mayor Taylor ..... 5.
NAYS: None' 0.
(Council Members Bowles and Fitzpatrick were absent.)
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 11, 1991, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
Appalachian Power Company to permanently vacate,
discontinue and close all of one public alley and
portions of two alleys adjacent to First Street and Day
Avenue, S. W., the matter was before the body.
295
ACTION:
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World News on Friday, October 25, 1991, and Friday,
November 1, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission
recommending that Council approve the request, subject to
the following conditions, was before the body.
that the applicant agrees to have prepared and
submitted to the City, for review and
recordation, a plat of subdivision combining
all properties that would otherwise be
landlocked by the requested closure, combining
the vacated alleys with abutting properties,
and providing for all necessary easements; and
if the above-cited subdivision plat is not
submitted, approved by the City and recorded
within a period of 12 months from the date of
any ordinance providing for such closure of
the subject alley and alley portions, said
ordinance shall become null and void with no
further action by City Council being necessary
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(#30776) AN ORDINANCE permanently vacating,
discontinuing and closing certain public rights-of-way in
the City of Roanoke, Virginia, as are more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 204.)
The motion was seconded by Mr. Harvey.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for closure. There being none, Ordinance No. 30776 was
adopted on its first reading by the following vote:
296
AYES: Council Members Bowers, Harvey, Musser, White
and Mayor Taylor ........... 5.
NAYS: None 0.
(Council Members Bowles and Fitzpatrick were absent.)
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 11, 1991, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
H & S Construction Company that a block of Westport
Avenue, S. W., extending from 20th to 21st Street; a
portion of 21st Street, extending from Westport Avenue
south to a 12 foot alley; and a 12 foot alley running
parallel with Westport and Salem Avenues, be permanently
vacated, discontinued and closed, the matter was before
the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World News on Friday, October 25, 1991, and Friday,
November 1, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the Planning Commission recommending
that Council approve the request to permanently vacate
one block of Westport Avenue, S. W., one-half block of
21st Street, S. W., and an alley located between Salem
and Westport Avenue, S. W., subject to the following
conditions, was before the body.
that the applicant agrees to submit to the
City for review, approval and recordation a
plat of subd~vision providing for the
combination of all lots that would otherwise
be left landlocked, recognition of all
necessary easements, the proper division of
the vacated rights-of-way, and dedication of
the area referred to in the paragraph below;
that the applicant agrees to dedicate an area
necessary to provide for the construction of a
public turnaround in accordance with
specifications required by the City Engineer,
297
ACTION:
and that such turnaround be constructed by
theapplicant within a period of six months
from the date of recordation of said plat of
subdivision; and
if the above-cited subdivision plat is not
submitted and recorded within a period of 12 months
from the date of any ordinance providing for
closure, said ordinance shall become null and void
with no further action by City Council being
necessary
(For full text, see ~eport on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(#30777) AN ORDINANCE permanently vacating,
discontinuing and closing certain public rights-of-way in
the City of Roanoke, Virginia, as are more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 206.)
The motion was seconded by Mr. White.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for closure. There being none, Ordinance No. 30777 was
adopted on its first reading by the following vote:
AYES: Council Members Bowers, Harvey, Musser, White
and Mayor Taylor .... 5.
NAYS: None
®
(Council Members Bowles and Fitzpatrick were absent.)
BUDGET-TOTALACTION AGAINST POVERTY-GRANTS-HOUSING-
PLANNING: Pursuant to a motion adopted by Council on
Monday, November 4, 1991, the City Clerk having
advertised a public hearing for Monday, November 11,
1991, at 7:30 p.m., or as soon thereafter as the matter
may be heard, with regard to a proposed amendment to the
Fiscal Year 1991-92 Community Development Block Grant
Program and budget, the matter was before the body.
298
Legal advertisement of the public hearing was
published in the morning edition of the Roanoke Times &
World News on Friday, November 1, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Manager advising that Council
approved the Community Development Block Grant (CDBG)
Fiscal Year 1992 Budget and Statement of Objectives on
May 13, 1991, pursuant to Resolution No. 30508-51391; and
Federal CDBG regulations require formally amending the
Statement of Objectives if a project is added or deleted
from the program, was before Council.
It was further advised that Total Action Against
Poverty requested funding in the amount of $74,952.00,
pursuant to communication under date of October 11, 1991,
to provide for matching funds required to continue
operation of the Transitional Living Center located at
23-24th Street, N. W.; that Council concurred in the
recommendation of the City Manager to use $20,000.00 of
Community Development Block Grant funds as partial
funding, along with City General Funds and private
contributions toward the request; and the Transitional
Living Center provides shelter, counseling and other
services to approximately 275 homeless individuals and
families each year, all of whom are low income.
The City Manager recommended that Council authorize
the submittal of an amendment to the U. S. Department of
Housing and Urban Development of Fiscal Year 1992 CDBG
Statement of Objectives to add TAP's Transitional Living
Center, thereby utilizing $20,000.00 in CDBG program
income; that he be authorized to execute the subrecipient
agreement with TAP, with said agreement to be subject to
approval as to form by the City Attorney; and that the
Director of Finance be authorized to transfer $20,000.00
in unprogrammed CDBG program income to an account to be
established for the project.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
Ordinance:
299
ACTION:
ACTION:
(#30778-111191) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 189.)
Mr. Musser moved the adoption of Ordinance No.
30778-111191. The motion was seconded by Mr. Harvey.
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter.
There being none, Ordinance No. 30778-111191 was adopted
by the following vote:
AYES: Council Members Bowers, Harvey, Musser, White
and Mayor Taylor- 5.
NAYS: None-- 0.
(Council Members Bowles and Fitzpatrick were absent.)
Mr. Musser offered the following Resolution:
(#30779-111191) A RESOLUTION authorizing an
amendment to the Fiscal Year 1991-92 Community
Development Block Grant Program and Budget to add the
Transitional Living Center Project of Total Action
Against Poverty of the Roanoke Valley (TAP), and
authorizing execution of a certain subrecipient agreement
with TAP, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 190.)
Mr. Musser moved the adoption of Resolution No.
30779-111191. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Harvey, Musser and
Mayor Taylor ....... 4.
NAYS: None 0.
(Council Members Bowles and Fitzpatrick were absent.)
(Council Member White abstained from voting.)
CONSENT AGENDA
None.
300
ACTION:
ACTION:
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES BOARD OF
DIRECTORS): Dr. Cheri Hartman, representing the Board of
Directors of Mental Health Services of the Roanoke
Valley, presented a progress report for fiscal year 1991,
advising that during this past fiscal year, $306,588.00
of City of Roanoke tax dollars were matched with State
and Federal dollars and fees to provide $5,318,172.00 of
service to the citizens of the City of Roanoke, which
amounts to $17.00 worth of services for each tax dollar
expended.
Dr. Hartman further advised that programs during
fiscal year 1990-91 provided services to persons with
mental illness, mental retardation and problems
associated with drug and alcohol abuse; and prevention
and early intervention services were provided to persons
at risk for mental illness, mental retardation, and
problems associated with drug and alcohol abuse. She
reviewed the array of services provided by the Mental
Health Division to adults with serious mental illness,
emotionally disturbed children and adolescents, and the
medically indigent.
(For full text, see progress report on file in the City
Clerk's Office.)
Mr. Harvey moved that the progress report be
received and filed with appreciation. The motion was
seconded by Mr. Musser and adopted.
PETITIONS AND COMMUNICATIONS:
TAXES-COUNCIL OF COMMUNITY SERVICES: Mr. C. Stan
Cross, Jr., President, Council of Community Services,
advised that the Council of Community Services purchased
the building located at 502 Campbell Avenue, S. W., for
location of its offices; and the Council is a 501(C)(3)
organization and, therefore, requests exempt status from
real estate taxes in the City of Roanoke.
(See communication on file in the City Clerk's Office.)
Following discussion of the matter, Mr. Harvey moved
that the request be referred to the City Manager for
study and report to Council, and that the City Manager be
instructed to develop a proposed policy statement for
301
ACTION:
ACTION:
handling future requests for real estate tax exempt
status which would, in part, address the following
questions raised by Mr0 White:
How many 501(C)(3) organizations within the
City limits own real estate which is exempt?
Of those 501(C)(3) organizations that are tax
exempt and receive funds from the City, does
the City subtract the value of the tax-exempt
status from the funds that are contributed to
such organizations so that the organizations
will be comparable with organizations that do
not enjoy tax-exempt status?
Does the City have a mechanism or
clearinghouse for identifying space needs of
tax exempt organizations?
What will be the value of tax exempt status,
if granted, to the Council of Community
Services?
The motion was seconded by Mr. Musser and adopted.
Mr. Harvey further moved that the matter be referred
to the City Attorney, working in conjunction with the
City Manager, to prepare the necessary legal documents in
connection with a public hearing on the request of the
Council of Community Services. The motion was seconded
by Mr. Musser and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
HOUSING-GRANTS-PLANNING: The City Manager submitted
a written report advising that the Cranston-Gonzales
National Affordable Housing Act of 1990 required that
entitlement localities, like Roanoke, develop a
Comprehensive Housing Affordability Strategy (CHAS), by
October 31, 1991, in order to receive Federal funds; that
because this is the first year for this new requirement,
HUD is giving some flexibility with the deadline; that
the City of Roanoke is required to prepare a CHAS in
order to participate in Federal community development and
housing programs, such as the Community Development Block
302
ACTION:
Grant (CDBG) program, housing assistance under the
Stewart B. McKlnney Homeless Assistance Act, Supportive
Housing for the Elderly and the new HOME and HOPE
programs; that Council was briefed on the requirement by
communication, under date of April 1, 1991, which
recommended that the Roanoke City Planning Commission
take the lead in developing the CHAS; and the Planning
Commission assigned its Community Development Committee
in April 1991 to serve as the coordinating body for
preparation of the C~AS.
It was further advised that the Community
Development Committee and staff developed a draft
Comprehensive Housing Affordability Strategy (CHAS) based
on statistical data and information obtained during an
informational work session; that the draft document was
made available for a 60-day public review and comment
period as required by U. S. Department of Housing and
Urban Development (HUD) regulations; that the review
period began on August 8, 1991, and ended on October 7,
1991; that a public hearing before the Planning
Commission was held on September 25, 1991, to receive
public comments on the CHAS; that a presentation on the
CHAS program will be made to Council on Monday,
November 25, 1991; that HUD regulations require the
9overning body to enact a resolution adopting the CHAS;
and a public hearing on Monday, December 2, 1991, will
provide citizens with an opportunity to make final
comments on the Comprehensive Housing Affordability
Strategy before its consideration by Council.
The City Manager recommended that Council schedule
a public hearing on Monday, December 2, 1991, at 2:00
p.m., or as soon thereafter as the matter may be heard,
to receive comment on the Comprehensive Housing
Affordability Strategy and take official action, if
appropriate.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that Council concur in the
recommendation of the City Manager and schedule a public
hearing on Monday, December 2, 1991, at 2:00 p.m., or as
soon thereafter as the matter may be heard. The motion
was seconded by Mr. Musser and adopted.
SPECIAL PERMITS-DOWNTOWN ROANOKE-FLAGS: The City
Manager submitted a written report advising that Council
has reserved sole authority to grant permission for use
of City-owned poles and trees; and Council, upon
303
recommendation by the City Manager, has granted
permission to various civic organizations, promotion
groups, and certain business organizations to display
flags, logos, banners and holiday decorations on or
supported by City-owned poles and trees.
It was further advised that conflicts of a minor
nature have arisen in the past and the number of requests
and conflicts indicate the need to permit the
Administration to grant permission to erect flags,
banners and holiday decorations; that such permission
should be granted on a case-by-case basis, using
guidelines consistent with a mandate from Council; and
guidelines should address the following concerns:
length of time allowed for each type of display,
the need to promote the economy of the City,
size, shape, weight, etc.,
reservation of dates,
timing for application and issuance of permits,
protection of the City as to liability, and
insurance requirements.
The City Manager recommended that Council amend the
Code of the City of Roanoke (1979), as amended, to
include a new section which would authorize the City
Manager to issue permits for erection, maintenance or
removal of holiday decorations, flags, and banners.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency
Ordinance:
(#30780-111191) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by the addition
of new Article VI, Erection and Maintenance of Holiday
Decorationsf Flags and Banner.~., to Chapter 30, Streets
and Sidewalks; such new Article authorizing the City
Manager to issue revocable permits allowing the display
of holiday decorations, flags and banners from certain
City owned poles, trees and facilities, establishing time
limitations for such. displays, regulating the size and
304
ACTION:
shape of holiday decorations, flags and banners and
providing for indemnification, insurance and other terms
and conditions of display; repealing Section 27.1-3,
Erection and maintenance of banner above and across
streets; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 191.)
Mr. Musser moved the adoption of Ordinance No.
30780-111191. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Harvey, Musser, White
and Mayor Taylor ........ ---5.
NAYS: None
(Council Members Bowles and Fitzpatrick were absent.)
BUDGET-TAXES-DOWNTOWN ROANOKE: The City Manager
submitted a written report advising that at the May 20,
1991, meeting, Council received a report concurring in
the request of Downtown Roanoke, Inc., to extend the
Downtown Service District Service Agreement with Downtown
Roanoke, Inc., for a period of up to ten years and to
expand Downtown Service District boundaries, at which
time Council adopted Ordinance No. 30523-52891.
It was further advised that as a part of the fiscal
year 1991-92 budget adoption, Downtown Service District
tax revenue was estimated at $120,000.00; and with
Council's approval of an expanded district, the revenue
estimate adopted as a part of the fiscal year 1991-92
budget should be increased by $44,000.00 in Account No.
001-002-7220-3712, Downtown District Service.
The City Manager requested that Council adopt the
appropriate measure amending the fiscal year 1991-92
revenue estimate for the Downtown Service District to
reflect the abovedescribed increase.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
305
l{
ACTION:
ACTION:
(#30781-111191) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 196.)
Mr. Harvey moved the adoption of Ordinance No.
30781-111191. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Harvey, Musser, White
and Mayor Taylor ...... 5.
NAYS: None 0.
(Council Members Bowles and Fitzpatrick were absent.)
BUDGET-CIVIC CENTER-CELEBRATIONS: The City Manager
submitted a written report advising that as a part of the
Roanoke Civic Center budget, funds are provided to assist
in promotional activities for special events and
conferences which are determined to be of significant
revenue benefit to the City; and due to several recent
events of a significant nature, it has become necessary
to add additional funds to this account.
The City Manager recommended that Council approve
the transfer of $42,000.00 from the 1990-91 Capital
Maintenance and Equipment Replacement Program to the
Civic Center Fund.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30782-111191) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Civic Center
Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 197.)
Mr. White moved the adoption of Ordinance No. 30782-
111191. The motion was seconded by Mr. Harvey and
adopted by the following vote:
306
ACTION:
AYES: Council Members Bowers, Harvey, Musser, White
and Mayor Taylor ..... = ........................ 5.
NAYS: None 0.
(Council Members Bowles and Fitzpatrick were absent.)
BUDGET-SCHOOLS: The City Manager submitted a
written report advising that Resolution No. 29920-2590
allocated $3.5 million of bond proceeds to renovation and
restoration of the Jefferson High School (JHS) Building;
and the Jefferson Center Foundation (JCF) was the
successful bidder on the project.
It was further advised that Council authorized the
appropriate City officials to enter into an Agreement,
Deed of Lease and Sublease ~greement in order for the
Jefferson Center Foundation to restore, renovat~ and
operate the Jefferson High School building as a mixed-use
community center, subleasing approximately 15,000 square
feet to the City; and the Jefferson Center Foundation is
ready to begin work on the project.
The City Manager recommended that Council
appropriate $3.5 million in anticipated bond proceeds
approved by referendum on May 1, 1990, to a capital
account to be established by the Director of Finance
entitled JHS Foundation to be used for the purpose of
restoring and renovating the Jefferson High School
building pursuant to the agreement with the Jefferson
Center Foundation.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
Ordinance:
(#30783-111191) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 199.)
Mr. Musser moved the adoption of Ordinance No.
30783-111191. The motion was seconded by Mr. Harvey and
adopted by the following vote:
3O7
AYES: Council Members Bowers, Harvey, Musser, White
and Mayor Taylor ...... 5.
NAYS: None 0.
(Council Members Bowies and Fitzpatrick were absent.)
COUNCIL-ELECTIONS: Council having previously
requested that the City Manager and the City Attorney
submit a written report with regard to the issue of City
Council election procedures, as well as a proposed
timetable for Council action, the City Manager and the
City Attorney submitted a joint written report
recommending a specific plan of action and a timetable
for Council's consideration covering the period of
November 11, 1991, through May, 1994.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers expressed concern that the report calls
for approval or rejection by Council of a proposed voting
plan by August 10, 1992, which time period is too long,
especially in view of the amount of time in which the
matter has been pending and much of the information
requested by Council was previously provided by the City
Administration. He stated that more importantly is the
concept that Council should convey to the citizens that
the present Council promised the proposal and will vote
for approval or rejection. Therefore, he moved that
Council concur in the report of the City Manager and the
City Attorney, with one exception that the August 10,
1992 date be changed to read prior to July 1, 1992 for
approval or rejection of a plan by Council. The motion
was seconded by Mr. White.
Mr. Harvey offered a substitute motion that Council
concur in the recommendation of the City Manager and the
City Attorney as submitted inasmuch as the Council which
takes office on July 1, 1992, will have to abide by the
guidelines and should be responsible for making the
decision to either approve or reject the proposed voting
plan. The motion was seconded by Mr. Musser.
Following discussion of the matter, the Mayor called
for a vote on the substitute motion.
308
ACTION:
AYES: Council Members Harvey, Musser and Mayor
Taylor ......... 3.
NAYS: Council Members Bowers and White
-2.
(Council Members Bowles and Fitzpatrick were absent.)
The Chair declared the substitute motion lost
inasmuch as four affirmative votes of the Council are
required for passage of a motion.
The Mayor calle~ for a vote on the original motion
offered by Mr. Bowers, seconded by Mr. White, that
Council concur in the report of the City Manager and the
City Attorney, with one exception that the August 10,
1992 date for approval or rejection of a proposed voting
plan by Council be changed to read prior to July 1, 1992.
AYES: Courts, il Mem,bers Bowers and White
-2.
NAYS: Council Members Harvey, Musser and Mayor
Taylor .......... --3.
(Council Members Bowles and Fitzpatrick were absent.)
The Chair declared the original motion lost inasmuch
as four affirmative votes of the Council are required for
passage of a motion.
Mr. Harvey moved that the matter be deferred until
the next regular meeting of Council on Monday, November
18, 1992. The motion was seconded by Mr. Musser.
Mr. Harvey and Mr. Bowers advised that they would
not be in attendance at the Monday, November 18, 1992
meeting of Council.
Mr. Bowers moved that the Mayor declare the meeting
in recess. The motion was seconded by Mr. White and
adopted.
At 8:40 p.m., the Mayor declared the meeting in
recess.
At 8:55 p.m., the meeting reconvened in the Council
Chamber with Mayor Taylor pr6siding, and all members of
the Council in attendance, with the exception of Council
Members Bowles and Fitzpatrick.
309
'1
The Mayor advised that in order to be absolutely
certain about his ruling pertaining to the previous
motions, he requested the Assistant City Attorney to
render an opinion as to whether or not a motion is
effective pursuant to a majority vote of the Members of
Council present and voting, or if a motion requires four
affirmative votes of the entire Council to pass.
The Assistant City Attorney advised that pursuant to
the City Charter, in order for Council to adopt a
resolution or ordinance on its final reading, there must
be an affirmative vote of the majority of the Members of
Council and, accordingly, four affirmative votes would be
required. He stated that the City Charter is silent as
to the issue of motions; however, there is reference in
the City Code that Roberts Rules of Order would govern
provided that it is not in conflict with the City Charter
or with any general law on a specific subject. He
explained that in researching the matter, Roberts Rules
of Order provides that approval may be made by more than
one half of the members present and voting on a
particular matter, therefore, he opined that a majority
of a quorum would be sufficient to act, except in the
case of an ordinance or a resolution on final passage.
Based on the Assistant City Attorney's opinion, the
Mayor advised that the substitute motion offered by Mr.
Harvey, seconded by Mr. Musser, to concur in the
recommendation of the City Manager and the City Attorney,
as submitted, was approved on a 3-2 vote of the Council.
Mr. Harvey advised that on a matter of this
importance, all Members of the Council should have a
vote; that even though both he and Mr. Bowers will be
absent on Monday, November 18, they have gone on record
as supporttn~ the recommendation of the City Manager and
the City Attorney in general, and inquired if Council is
desirous of three Members of Council making a decision on
a matter of such importance.
The Mayor advised that he would never feel
comfortable adopting any direct action that changes laws
or procedures regarding the City of Roanoke with less
than four affirmative votes of the Council. He stated
that there is a seve~ member Council and there should be
a four member majority vote, advising that it is not
proper to take direct action or change rules or
procedures with three votes which does not represent a
majority of City Council Members, regardless of the topic
under consideration.
310
ACTION:
ACTION:
ACTION:
Mr. Bowers advised that he concurred with the
remarks of the Mayor inasmuch as the matter is an issue
that has monumental importance to the structure of City
Government and every Member of Council should be heard
and should cast their vote. He inquired of the Assistant
City Attorney if those Council Members who were present
this evening could cast their vote, and move to table the
matter for a week with the votes having been recorded,
however, the Chair would not declare the vote this
evening, but would entertain a motion to table the matter
which would take precedence on the docket. The Assistant
City Attorney advised that he was not aware of a
provision that would allow a Member of Council to vote at
one meeting and have that vote carried over until the
next meeting.
Mr. Harvey withdrew his motion to defer action on
the matter until the next regular meeting of Council on
Monday, November 18, 1991, and Mr. Musser withdrew his
second to the motion,
Having voted with the majority, Mr. Harvey moved
that Council reconsider its action on the substitute
motion to concur in the recommendation of the City
Manager and the City Attorney, as submitted. The motion
was seconded by Mr. Musser and adopted.
Mr. Harvey moved that Council defer action on the
report of the City Manager and the City Attorney until
the next regular meeting of Council on Monday, November
18, 1991, noting for the record that he would not be
present for the meeting, however, he was in favor of the
recommendation of the City Manager and the City Attorney
as submitted. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser and Mayor
Taylor .......... 3.
NAYS: Council Members Bowers and White
(Council Members Bowles and Fitzpatrick were absent.)
Mr. Bowers moved that a communication from Mr.
Samuel Franklin, 3822 Rolling Hill Avenue, N. W.,
recommending that Council dispose of the at-large voting
system and adopt a ward system be deferred until the next
regular meeting of Council on Monday, November 18, 1991.
The motion was seconded by Mr. White and adopted.
(For full text, see'communication on file in the City
Clerk's Office.)
311
ACTION:
ACTION:
COUNCIL-CITY EMPLOYEES: The City Manager submitted
a written report recommending that Council approve two
additional holidays for Roanoke City employees, viz:
December 26 and 27, 1991, advising that employees who are
performing necessary and essential services who cannot,
for reasons of public health, safety or welfare be
excused from work on December 26 and 27, shall be
accorded equivalent time off according to a schedule to
be arranged by the City Manager.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following Resolution:
(#30784-111191) A RESOLUTION establishing Thursday,
December 26, 1991, and Friday, December 27, 1991, as City
holidays for certain employees for this calendar year
only.
(For full text of Resolution, see Resolution Book No. 53,
page 200.)
Mr. Musser moved the adoption of Resolution No.
30784-111191. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowers, Harvey, Musser, White
and Mayor Taylor ............. 5.
NAYS: None 0.
(Council Members Bowles and Fitzpatrick were absent.)
COUNCIL: Pursuant to Resolution No. 30687-82691,
action was taken to cancel the regular meeting of Council
to be held on Monday, December 16, 1991, in view of the
fact that a majority of the Members of Council would be
in attendance at the Annual Meeting of the National
League of Cities to be held in Las Vegas, Nevada. Since
adoption of Resolution No. 30687-82691, the Mayor advised
that it has been determined that because of the state of
the economy, at least six Members of Council will not
attend the National League of Cities; whereupon, Mr.
Harvey moved that Council repeal the provisions of
Resolution No. 30687-82691 and reinstate the Monday,
December 16, 1991 meeting of Council to be held at
2:00 p.m. The motion was seconded by Mr. Musser and
adopted.
312
ACTION:
Mr. Harvey moved that the City Attorney be requested
to prepare the proper measure canceling the regular
meeting of Council to be held on Monday, December 23,
1991, at 2:00 p.m. The motion was seconded by Mr. Musser
and adopted.
REPORTS OF COMMITTEES:
LEGISLATION-COUNCIL: Council Member David A.
Bowers, Chairperson of the Legislative Committee,
presented a written report transmitting the City's 1992
Legislative Program, advising that on November 4, 1991,
Council's Legislative Committee met to review the
proposed 1992 Legislative Program as prepared by the City
Attorney; and after review, the Committee approved the
Program and recommended that Council adopt a measure
endorsing the Program and commending it to the City's
delegation to the 1992 Session of the General Assembly.
Mr. Bowers called attention to the fact that the
paramount issue presented in the Legislative Program is
the City's request that the Commonwealth of Virginia
participate tn funding of the public facilities to be
constructed in conjunction with the Hotel Roanoke
Project; that the Program also emphasizes the importance
of the Commonwealth's correcting the constitutional
infirmity in the current system of funding public
education; that previous Legislative Programs of the City
have been responsible for improving the efficiency of
local government and. the quality of life of citizens of
the City, and the Program that the Legislative Committee
now recommends to Council should continue this tradition.
Mr. Bowers noted that the City Charter amendment
will require a public hearing, and recommended that
Council, by motion, establish a public hearing on the
proposed Charter amendment to be held on Monday,
November 25, 1991, advising that the City Attorney
recommended this date which would allow him sufficient
time to complete the required public advertising as well
as adoption of a resolution requesting said Charter
amendment prior to Council's annual meeting with the
City's representatives to the General Assembly.
The proposed City Charter amendment provides as
follows:
"The proposed amendment to the Charter of the
City of Roanoke (the "City") would amend
Section 47 of the Charter as follows: Section
47 of the Charter as currently in effect
313
ACTION=
provides that, in the case of bonds of the
City authorized for issuance pursuant to
Section 47 of the Charter, the same must be
authorized by .an ordinance adopted by a
majority of all members of the Council of the
City and approved by the affirmative vote of
the majority of the voters of the City voting
on the question at an election called for such
purpose. Section 47 of the Charter, as
amended, would delete the requirement for
voter approval in the case of bonds to be
issued pursuant to Section 47 of the Charter
and instead would provide discretionary
authority to the Council to require that an
ordinance authorizing the issuance of general
obligation bonds (i.e., bonds for the payment
of which the City is required to levy ad
valorem taxes) be approved by the affirmative
vote of the majority of the qualified voters
of the City voting at an election called for
such purpose."
Mr. Bowers pointed out that working with the City
Clerk, Council's annual meeting with the City's
delegation to the General Assembly has been scheduled for
December 2, 1991, at 10:30 a.m., and, as in previous
years, the School Board has been invited to participate
in the meeting.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following Resolution:
(#30785-111191) A RESOLUTION adopting and endorsing
a Legislative Program for the City to be presented to the
City's delegation to the 1992 Session of the General
Assembly.
(For full text of Resolution, see Resolution Book No. 53,
page 201.)
Mr. Bowers moved the adoption of Resolution No.
30785-111191. The motion was seconded by Mr. Harvey and
adopted by the following vote:
314
AYES: Council Members Bowers, Harvey, Musser, White
and Mayor Taylor-- --5.
NAYS: None. 0.
(Council Members Bowles and Fitzpatrick were absent.)
Mr. Bowers moved that the City Clerk be authorized
to advertise a public hearing to be held on Monday,
November 25, 1991, at 7:00 p.m., or as soon thereafter as
the matter may be heard, in the Auditorium of the Hurt
Park Elementary School, with regard to the proposed City
Charter amendment. The motion was seconded by Mr. Harvey
and adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO~4ENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL. None.
OTHER HEARINGS OF CITIZENS: None.
There being no further business, the Mayor declared
the meeting adjourned at 9:50 p.m.
APPROVED
ATTE ST: /~
City Clerk
Mayor
315
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
November 18, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, November 18,
1991, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., Howard E. Musser and Mayor Noel C. Taylor ...... 4.
ABSENT: Council Members David A. Bowers, James G. Harvey, II,
and William White, Sr. ---3.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling, Jr.,
City Attorney; Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Harold S.
Moyer, Pastor, Williamson Road Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
BID OPENINGS
ARMORY/STADIUM: Pursuant to notice of advertisement
for bids for floor tile replacement in the Assembly Hall
and kitchen of the National Guard Armory, 32 Reserve
Avenue, S. W., said bids to be received by the City Clerk
until 1:30 p.m., on Monday, November 18, 1991, and to be
held, opened and read before the Council at 2:00 p.m., on
that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about
the advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
316
BIDDER
H. F. Interiors, Inc.
Precision Walls and Ceilings, Inc.
BASE BID TOTAL
$ 9,458.00
11,637.00
ACTION:
ACTION:
ACTION:
Mr. Musser moved that the bids be referred to a
committee to be appointed ~y the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and George C. Snead, Jr.,
as members of the committee.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
attention to three requests for Executive Sessions to
discuss a personnel matter with regard to vacancies on
various authorities, boards, commissions and committees
appointed by Council; specific legal matters requiring
the provision of legal advice by counsel, being the terms
and conditions of various agreements and related legal
documents, all in gonnection with the Hotel Roanoke
Project; and a matter involving actual litigation, being
a lawsuit filed by the City of Roanoke.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Exocutive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Councll concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mr. Musser and adopted by the following vote:
317
ACTION=
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor .............. 4.
NAYS: None 0.
(Council Members Bowers, Harvey and White were absent.)
HOUSING-ANNUAL REPORTS: A communication from
Council Meraber David A. Bowers transmitting the 1990-91
Annual Report of the City of Roanoke Redevelopment and
Housing Authority, was before Council.
(For full text, see communication and Annual Report on
file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the communication and
Annual Report be received and filed. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor .......................... 4.
NAYS: None 0.
(Council Members Bowers, Harvey and White were absent.)
ELECTIONS: A communication from Ms. Sharon L.
Carrington, Registrar, transmitting the following
Abstract of Votes cast in the General and Special
Elections held in the City on Tuesday, November 5, 1991,
was before Council.
"Abstract of votes cast in the City of Roanoke,
Virginia, at the November 5, 1991 General Election, for:
MEMBER, SENATE OF VIRGINIA
21st District
Names of Candidates
Total Votes
Received
( In Figures)
J. Granger Macfarlane
J. Brandon Bell II
Robert Flrebaugh
Crush
Albert Stewart
Lawrence Hamlar
M. Womack
John Ktllian
Foster Brooks
8,655
8,123
9
1
1
1
1
1
1
318
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on November 5, 1991,
do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the above
office.
Given under our hands this 7th day of November, 1991.
A copy teste:
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prlllaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the November 5, 1991 General Election, for:
MEMBER, HOUSE OF DELEGATES
16th District
Names of Candidates
Total Votes
Received
(In Fi~)
Clifton A. "Chip" Woodrum
Lawrence Hamlar
Mlckey Mouse
M. Womack
Lonaker
John Hess
7,836
2
1
1
1
1
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on November 5, 1991,
do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the above
office.
319
Given under our hands this 7th day November, 1991.
A copy teste:
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the November 5, 1991 General Election, for:
MEMBER, HOUSE OF DELEGATES
· 17th District
Names of Candidates
Total Votes
Received
(in Figures)
A. Victor "Vic" Thomas
Z. K. McManaway
Clifton "Chip" Woodrum
5,756
1,438
1
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on November 5, 1991,
do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the above
office.
Given under our hands this 7th day of Nowember, 1991.
A copy teste:
[SE~L]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prlllaman, Secretary, Electoral Board
320
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the November 5, 1991 Special Election, for:
CLERK OF COURT
Names of Candidates
Total Votes
Received
(In Figures)
Arthur B. "Bert" Crush III
Marc James Small
Martha R. Doss
M. Womack
Dale Hendrick
Alan Dale Hendrick
10,810
5,107
1
1
1
1
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on November 5, 1991,
do hereby certify that the above is a true and correct
Abstract of Votes cast at said election and do,
therefore, determine and declare that the following
person has received the greatest number of votes cast for
the above office in said election:
Arthur B. "Bert" Crush III
Given under our hands this 7th day of November, 1991.
A copy teste:
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board"
ACTION:
(For full text, see communication and Abstract of Votes
on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the communication and
Abstract of Votes be received and filed. The motion was
seconded by Mr. Musser and adopted bythe following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor .................... 4.
NAYS: None 0.
(Council Members Bowers, Harvey and White were absent.)
ACTION:
ACTION:
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss a matter with regard to
acquisition and disposition of real property for public
purposes, pursuant to Section 2.1-344 (A)(3), Code of
Virginia (1950), as amended, and to discuss specific
legal matters requiring the provision of legal advice by
counsel, specifically the terms and conditions of various
agreements and related legal documents, all in connection
with the Hotel Roanoke Project, pursuant to Section 2.1-
344 (A)(7), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss a matter with regard to acquisition
and disposition of real property for public purposes,
pursuant to Section 2.1-344 (A)(3), Code of Virginia
(1950), as amended, and to discuss specific legal matters
requiring the provision of legal advice by counsel,
specifically the terms and conditions of various
agreements and related legal documents, all in connection
with the Hotel Roanoke Project, pursuant to Section 2.1-
344 (A)(7), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor ....................................... 4.
NAYS: None 0.
(Council Members Bowers, Harvey and White were absent.)
COUNCIL: A report from the City Attorney requesting
that Council convene in Executive Session to discuss
actual litigation, being a lawsuit filed by the City of
Roanoke, pursuant to Section 2.1-344 (A)(7), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the Council concur in the
request of the City Attorney to convene Executive Session
to discuss a matter with regard to actual litigation,
being a lawsuit filed by the City of Roanoke, pursuant to
322
Section 2.1-344 (A)(7), Code of Virginia
amended. The motion was seconded by Mr.
adopted by the following vote:
(1950), as
Musser and
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor ............ 4.
NAYS: None 0.
(Council Members Bowers, Harvey and White were absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
INSURANCE: Ms. Lauren G. Eib, Risk Manager,
presented a briefing on the City's Risk Management
Program during the past year. She stated that Risk
Management is defined as a process which protects the
City's assets and service capabilities against accidental
losses and the City's Risk Management process is composed
of three areas, viz: safety program, self-insured
programs, and insured programs. She stated that the goal
of the safety program is to reduce accidents; that under
the self-insured program, claims are managed and paid by
the City, and insured programs are basically purchased
insurance, with insu~ance companies handling claims and
the payment of claims.
HOUSING: The City Manager presented a briefing on
the City's Housing Diversity Program, advising that one
key element of the equation in preparing Roanoke to
prosper in the 21st century relates to housing; and in
addition to quality schools, quality government services,
strong neighborhoods and attracting and maintaining
employers, the City must have the variety and character
of housing that addresses the needs of individuals from
all walks of life and from all income levels.
(For full text, see briefing paper on file in the City
Clerk's Office.)
323
ACTION:
ACTION:
ACTION:
ITEMS RECOMMENDED FOR ACTION:
PAY PLAN-CITY EMPLOYEES-PERSONNEL DEPARTMENT-
CONS[~TANTS REPORTS: The City Manager submitted a
written report in connection with award of a contract to
Towers, Perrin, Forrester & Crosby, Inc., a Towers Perrin
Company, of Rosslyn, Virginia, for consulting services to
conduct a review of the City's Pay Plan; and transfer of
funds in connection therewith.
(For full text, see 'report on file in the City Clerk's
Office.)
Mr. Musser moved that action on the report be
deferred until the next regular meeting of Council on
Monday, November 25, 1991. The motion was seconded by
Mr. Fitzpatrick and adopted.
FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM-
BUDGET: The City Manager submitted a written report in
connection with appropriation of additional funds, in the
amount of $335,223.49, to the Fifth District Employment
and Training Consortium for implementation of planned
programs and initiation of new programs.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that action on the report be
deferred until the next regular meeting of Council on
Monday, November 25, 1991. The motion was seconded by
Mr. Fitzpatrick and adopted.
SEWERS AND STORM DRAINS-INDUSTRIES: The City
Manager submitted a written report in connection with
authorization to execute Change Order No. 1, in the
amount of $16,985.00, to the contract with Mattern and
Craig, Inc., for engineering services relative to
construction of stormwater management facilities at
Statesman Industrial Park; and transfer of funds in
connection therewith.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that action on the report be
deferred until the next regular meeting of Council on
Monday, November 25, 1991. The motion was seconded by
Mr. Fitzpatrick and adopted.
324
APPALACHIAN POWER COMPANY-HOUSING-UTILITIES-SPECIAL
PERMITS: The City Manager submitted a written report
advising that City policy, as established by Council
pursuant to Ordinance No. 22055, adopted on February 3,
1975, requires that all electrical wires and cables,
telephone wires and telegraph wires be placed underground
in the Gainsboro Neighborhood Development Program; that
Ordinance No. 22055 also recognizes an unresolved
question of payment of the additional costs between
underground and overhead construction; that Council
retained the option in Ordinance No. 22055 to authorize
overhead construction; and this has been done once in the
Gainsboro Neighborhood Development Program when Council
authorized Appalachian Power Company (APCO) to construct
a 69 Kv line overhead.
It was further advised that utility relocation
planning by the Virginia Department of Transportation
(VDOT) is now in progress for the Fifth Street Bridge
Project; that location and design of the project was
approved by Council on September 17, 1990, pursuant to
Resolution No. 30232-91790; that the Virginia Department
of Transportation coordinates its efforts with local
utility companies to make necessary utility relocations;
and Fifth Street, north of the Fifth Street Bridge, is
entirely within the boundary of the Gainsboro
Neighborhood Development Program.
It was explained that Appalachian Power Company has
submitted a letter under date of August 21, 1991,
requesting that Council waive the requirement for
electric lines to be located underground in a portion of
the Gainsboro Neighborhood Development Program; and the
proposed 12 Ky overhead electric lines are believed by
APCO to be beneficial/acceptable for several reasons, as
more fully set forth in their August 21, 1991
communication.
The City Manager pointed out that the Virginia
Department of Transportation needs to proceed with right-
of-way acquisition for the project and must have utility
relocation plans completed in order to proceed; that
Chesapeake & Potomac Telephone Company, Cox Cable TV, and
City fire alarm line9 would all remain overhead on the
same poles with Appalachian lines, if APCO lines are
allowed to remain overhead; that gecond Street/Gainsboro
Road and Wells Avenue projects are also within the
Gainsboro Neighborhood Development Program; that all
overhead lines remaining along these projects will be
placed underground; that some overhead lines will be
rerouted along other Gainsboro streets, which will be
325
ACTION=
considered as temporary only and will have to be placed
underground when any type of street construction,
reconstruction, closing, or any other changes are
accomplished by the City; and the Gainsboro Project Area
Committee and the Roanoke Redevelopment and Housing
Authority have been advised of the request for electric
lines to remain overhead, and neither organization
objects to the overhead lines.
The City Manager recommended that Council waive the
underground requirement and authorize Appalachian Power
Company to relocate overhead electric wires to the east
side of Fifth Street within the Gainsboro Neighborhood
Development Program.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following Resolution:
(#30786-111891) A RESOLUTION waiving certain
provisions of Ordinance No. 22055, adopted February 3,
1975, relating to underground installation of telephone,
telegraph, and electric wires, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 208.)
Mrs. Bowles moved the adoption of Resolution No.
30786-111891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor ....... 4.
NAYS: None 0.
(Council Members Bowers, Harvey and White were absent.)
HOUSING-GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP:
The City Manager submitted a written report advising that
Council authorized funding for the Loudon Avenue New
Houses Project as a part of the Community Development
Block Grant (CDBG) application, which was approved by
Council pursuant to Resolution No. 30508-51391, adopted
on May 13, 1991; that Council authorized execution of a
grant agreement between the Northwest Neighborhood
Environmental Organization (NNEO) and the City of Roanoke
for site preparation'costs related to the Loudon Avenue
New Houses Project, pursuant to Resolution No. 30581-
326
62491, adopted on June 24, 1991; that NNEO proposes to
construct three single family houses, two in the 800
block of Loudon Avenue, N. W., and one in the 900 block
of Loudon Avenue, N. W., which, when completed, will be
sold to low to moderate income families; and the project
proposed by the Northwest Neighborhood Environmental
Organization will continue the revitalization process on
Loudon Avenue and provide low to moderate income persons
with an opportunity for homeownership.
It was further advised that the fiscal year 1991-92
Community Development Block Grant funds, in the amount of
$23,225.00, for site preparation work have been allocated
to the Loudon Avenue New Houses Project; that
unanticipated costs have added an additional $10,000.00
to site preparation and construction costs; that the
additional expenses include the purchase of adjacent lots
to provide greater setbacks for two of the construction
sites, as well as the re-positioning of one building
because rock hampers construction of the foundation as
originally planned; that $23,225.00 in CDBG funds, plus
an additional $10,000.00 in Neighborhood Development
grant funds will leverage $120,000.00 in additional
monies for construction costs from the neighborhood
organization, a HUD Neighborhood Development
Demonstration Project grant and a bank loan; and an
amendment to the current administrative agreement between
the City and the Northwest Neighborhood Environmental
Organization is necessary for Neighborhood Development
grant funds to be obligated to the project.
The City Manager recommended that Council authorize
execution of an Amendment to the Agreement with Northwest
Neighborhood Environmental Organization for site work and
construction costs related to the Loudon Avenue New
Houses Project.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following Resolution:
(%30787-111891) A RESOLUTION authorizing the City
Manager to execute Amendment No. 1 to the Agreement with
the Northwest Neighborhood Environmental Organization,
Inc. (NNEO), to provide for the use of Neighborhood
327
II
ACTION=
Development grant funds for additional site preparation
related to the construction of three single family
dwellings on Loudon Avenue, N. W.
(For full text of Resolution, see Resolution Book No. 53,
page 209.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30787-111891. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor .... 4.
NAYS: None 0.
(Council Members Bowers, Harvey and White were absent.)
INSURANCE-SCHOOLS-CITY EMPLOYEES: The City Manager
submitted a written report concurring in a report of a
bid committee advising that in April 1985, the position
of Risk Management Officer was established in an effort
to improve coordination of insurance and risk related
issues; that in March 1986, Council established an
Insurance Reserve to address possible claims that may
result from being self-insured for worker's compensation,
automobile and general liability; that in 1990, the City
of Roanoke established the Office of Risk Management
within the Department of Personnel Management; and as a
result of this consolidation of services, the office
coordinates workers' compensation programs and employee
safety programs, as well as all other insurance and risk
programs; and after consolidation of services, it was
determined that technical assistance would be needed to
review risk exposures, risk financing, ~nsurance policies
and claim procedures.
It was further advised that the Governmental
Accounting Standards Board in 1990, instituted the
requirement that governmental entities report
expenditures related to losses on an actuarial basis by
June 1993; that, as such, the City of Roanoke will be
required to report all outstanding liabilities for claims
incurred but not reported in the annual financial report;
that in 1991, in order to comply with Governmental
Accounting Standards Board requirements and to determine
if insurance, risk management policies, and insurance
reserves are appropriate, a risk management audit and
actuarial study is required, and the study should address
the following issues for both the City government and the
City school system:
328
actuarial analysis for all self-insured
programs for the next five years, including
projecting, the total cost of claims for each
fiscal year and the annual payout pattern for
such claims;
review of current insurance policies related
to possible ways to improve coverages and/or
reduce cost;
audit City and Schools risk management
programs including the handling of claims and
risk exposures; and
4. establish insurance reserve requirements.
It was explained that a request for proposals was
sent to 11 firms and a public advertisement was published
in the Roanoke Times & World New~; that seven proposal
responses were received and evaluated; three proposals
were determined non-responsive due to lack of compliance
with required specifications; and four proposals were
determined responsive and were evaluated, with the
companies being interviewed and ranked in accordance with
Section 23.1-4.1 of the Code of the City of Roanoke
(1979), as amended.
The City Manager concurred in the recommendation of
a bid committee to accept the proposal submitted by The
Wyatt Company to provide a Risk Management Audit and
Actuarial Study, in accordance with City of Roanoke
specifications, in an amount not to exceed $29,500.00 and
that the City Manager be authorized to enter into a
contract, in a form approved by the City Attorney, with
The Wyatt Company to perform the required study.
(For full text, see report on file In the City Clerk's
Office.)
Mr. Musser offered the following Resolution:
(%30788-111891) A RESOLUTION authorizing the
execution of a contract with The Wyatt Company, to
provide a risk management audit and actuarial study for
the City and the School Board.
(For full text of Resolution, see Resolution Book No. 53,
page 210.)
329
ACTION:
ACTION:
ACTION:
Mr. Musser moved the adoption of Resolution No.
30788-111891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor ....................... 4.
NAYS: None 0.
(Council Members Bowers, Harvey and White were absent.)
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance
submitted a written report in connection with certain
adjustments in salary budgets with regard to fiscal year
1991-92 first quarter personnel lapse.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that action on the report be
deferred until the next regular meeting of Council on
Monday, November 25, 1991. The motion was seconded by
Mr. Fitzpatrick and adopted.
DIRECTOR OF FINANCE-BUDGET: A report of the
Director of Finance transmitting and recommending
adoption of the "Fee Compendium - November 1991", was
before Council.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following Resolution:
(#30789-111891). A RESOLUTION establishing certain
fees, rates, assessments and charges to be levied by the
City.
(For full text of Resolution, see Resolution Book No. 53,
page 211.)
Mrs. Bowles moved the adoption of Resolution No.
30789-111891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
330
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor .... 4.
NAYS: None' 0.
(Council Members Bowers, Harvey and White were absent.)
DIRECTOR OF FINANCE: The Director of Finance'
submitted the Financial Report for the City of Roanoke
for the year ending June 30, 1991.
(For full text, see Financial Report on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the Financial Report be
received and filed with appreciation. The motion was
seconded by Mrs. Bowles and adopted.
REPORTS OF COMMITTEES:
ROANOKE MEMORIAL HOSPITALS-STADIUM/ARMORY: Council
Member Elizabeth T. Bowles, Chairperson of the Water
Resources Committee, presented a written report on behalf
of the Committee in connection with lease of 100 parking
spaces in the Victory Stadium parking lot to Roanoke
Memorial Hospitals.
A staff report advised that construction of a new
addition to Roanoke Memorial Hospitals has disrupted
parking on the hospital site temporarily; that lease of
100 parking spaces in the Victory Stadium parking lot
adjacent to the footbridge to Wiley Drive, S. W., for a
two year period is proposed byRoanoke Memorial Hospitals
to alleviate the parking shortage; and a lease fee of
$600.00 per month is proposed by Roanoke Memorial
Hospitals and recommended for acceptance by the Manager
of Recreation, Parks and Grounds Maintenance.
The Water Resources Committee recommended that
Council authorize the lease of 100 parking spaces located
at the southerly end of the Victory Stadium parking lot,
for a lease fee of $600.00 per month, with Roanoke
Memorial Hospitals 'to be responsible for providing
installation of traffic control devices to delineate the
parking area, maintenance and security during the term of
the lease, and with the Lease Agreement to contain
331
ACTION:
provisions for short-term temporary revision of parking
arrangements, if necessary, to be at Roanoke Memorial
Hospitals expense on a 48 hour notice from the City in
order to accommodate special events at Victory Stadium.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30790) AN ORDINANCE authorizing the lease of 100
parking spaces in the Victory Stadium parking lot to
Roanoke Memorial Hospitals, Inc., upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 212A.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor .... 4.
NAYS: None 0.
(Councll Members Bowers, Harvey and White were absent.)
UNFINISHED BUSINESS:
ELECTIONS-COUNCIL-PLANNING: Council at its regular
meeting on Monday, November 11, 1991, having deferred
action on a Joint written report of the City Manager and
the City Attorney with regard to the issue of City
Council election procedures, as well as a proposed
timetable for Council action; the matter was again before
the body.
The report of the City Manager and the City Attorney
recommended a specific plan of action and a timetable for
Council's consideration covering the period of
November 11, 1991 through May, 1994, advising that the
plan of action and timetable incorporates the Citizens'
Task Force suggested by Council on August 12, 1991, which
would provide guidance to and act in a supervisory
capacity with respect to the work to be performed by
staff of the Fifth Planning District Commission, and City
staff will provide administrative support to Fifth
Planning District Commission staff as required.
332
It was explained that Council previously requested
the City administration to present alternatives as to
Council election procedures; that some alternatives which
appear to be available for consideration are: (1) no
change in the current at-large election system, (2) a
modified ward system, with a majority of Council members
being elected at large, (3) a modified ward system, with
a majority of Council members being elected from wards,
and (4) a total ward system; that there are other
election systems which might be considered such as multi-
member districts which would require larger election
districts, however, this alternative would require larger
election districts if the Council is to be kept at a
manageable size and with larger election districts, it is
not possible to provide black majority districts; and
another possibility might be a slot system whereby
candidates run from districts, but are elected at large,
however, the City Attorney has advised that it is
doubtful that such a system would be approved by the
Department of Justice because it fails to protect
minority voting strength.
In closing, the'City Manager and the City Attorney
advised that the procedure they have recommended appears
to be orderly and businesslike and Council may make
additions to or deletions from the suggested procedure or
otherwise amend same.
(For full text, see report on file in the City Clerk's
Office.)
A report of the City Attorney advising that pursuant
to a request of the Mayor, he drafted a resolution by
which Council could endorse the joint report of the City
Manager and the City Attorney dated November 11, 1991,
including the process, timetable and appointment of the
Citizens' Task Force.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following Resolution:
(#30791-111891) A RESOLUTION approving and
endorsing the Joint report of the City Manager and City
Attorney, dated November 11, 1991, relating to City
Council election procedures.
(For full text of Resolution, see Resolution Book No. 53,
page 212.)
333
11
II
ACTION:
ACTION:
Mr. Musser moved the adoption of Resolution No.
30791-111891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor--- 4.
NAYS: None 0.
(Council Members Bowers, Harvey and White were absent.)
A communication from Mr. Samuel Franklin, Jr., 3822
Rolling Hills Avenue, N. W., advising that a number of
blacks who live and work in Roanoke believe that Roanoke
City needs to step into the future and dispose of the at-
large voting system and adopt the ward system, was before
Council.
Mr. Franklin further advised that of the persons
directly employed by the City itself, blacks have
generally not been hired for upper level, high paying
jobs; that in summary, blacks, as a group in Roanoke, do
not have the opportunity to participate fully and equally
in the political process; and the lower socio-economic
and educational level of blacks and continuing
segregation in the City have impeded participation by
blacks in local politics.
For the above reasons, Mr. Franklin urged that
Council look into the ward system of voting, a system
which is exclusively for the purpose of securing local
group representation, so that every voice can be heard.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Musser moved that the communication be received
and filed. The motion was seconded by Mr. Fitzpatrick
and adopted.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 30774-111891 amending
certain proffered conditions to the rezoning of property
located at 911 Tazewell Avenue; S. E., described as Lot
4, Block 4, Map of Belmont Land Company, Official Tax No.
4112104, which property was previously conditionally
rezoned pursuant to adoption of Ordinance No. 26770,
having previously been before the Council for its first
reading on Monday, November 11, 1991, read and adopted on
334
ACTION:
ACTION:
its first reading and laid over, was again before the
body, Mr. Fitzpatrick offering the following for its
second reading and final adoption.
(#30774-111891) AN ORDINANCE to amend Sections
36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as
amended, and Sheet No. 411, Sectional 1976 Zone Map, City
of Roanoke, in order to amend certain conditions
presently binding upon certain property previously
conditionally rezoned from RG-1, General Residential
District, to C-2, General Commercial District.
(For full text of Ordinance, see Ordinance Book No. 53,
page 202.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30774-111891. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor ....................... 4.
NAYS: None 0.
(Council Members Bowers, Harvey and White were absent.)
ZONING: Ordinance No. 30775-111891 rezoning a tract
of land located at 911 Tazewell Avenue, S. E., containing
.09 acre, identified as Official Tax No. 4112105, from
RM-2, Residential Multi-Family, Medium Density District,
to C-2, General Commercial District, having previously
been before the Council for its first reading on Monday,
November 11, 1991, read and adopted on its first reading
and laid over, waJ Again before the body, Mrs. Bowles
offering the following for its second reading and final
adoption.
(#30775-111891) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 411, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 53,
page 203.)
Mrs. Powles moved the adoption of Ordinance No.
30775-111891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
335
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor .... 4.
NAYS: None 0.
(Council Members Bowers, Harvey and White were absent.)
STREETS AND ALLEYS: Ordinance No. 30776-111891
permanently vacating~ discontinuing and closing all of
one public alley and portions of two alleys, located
adjacent to First Street and Day Avenue, S. W., having
previously been before the Council for its first reading
on Monday, November 11, 1991, read and adopted on its
first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second
reading and final adoption.
(#30776-111891) AN ORDINANCE permanently vacating,
discontinuing and closing certain public rights-of-way in
the City of Roanoke, Virginia, as are more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 204.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30776--111891. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor ..................... 4.
NAYS: None. 0.
(Council Members Bowers, Harvey and White were absent.)
STREETS AND ALLEYS: Ordinance No. 30777-111891
permanently vacating, discontinuing and closing a block
of Westport Avenue, S. W., extending from 20th to 21st
Street; a portion of 21st Street, extending from Westport
Avenue south to a 12 foot alley; and a 12 foot alley
running parallel with Westport and Salem Avenues, having
previously been before the Council for its first reading
on Monday, November 11, 1991, read and adopted on its
first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading
and final adoption.
336
ACTION:
ACTION:
(#30777-111891) AN ORDINANCE permanently vacating,
discontinuing and closing certain public rights-of-way in
the City of Roanoke, Virginia, as are more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 206.)
Mrs. Bowles moved the adoption of Ordinance No.
30777-111891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor-- 4.
NAYS: None' 0.
(Council Members Bowers, Harvey and White were absent.)
COUNCIL: Mr. Musser offered the following
resolution repealing Resolution No. 30687-82691, which
would reinstate the December 16, 1991, regular meeting of
Council and cancel the regularly scheduled meeting of
Council on December 23, 1991:
(#30792-111891) A RESOLUTION repealing Resolution
No. 30687-82691, and reinstating the December 16, 1991,
regular meeting of City Council and cancelling the
regularly scheduled meeting of City Council on
December 23, 1991.
(For full text of Resolution, see Resolution Book No. 53,
page 212.)
Mr. Musser moved the adoption of Resolution No.
30792-111891. The motion was seconded byMr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor ..... 4.
NAYS: None O.
(Council Members Bowers, Harvey and White were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL. None.
OTHER HEARINGS OF CITIZENS: None.
337
ACTION:
ACTION:
At 3:15 p.m., the Mayor declared the meeting in
recess.
At 5:00 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Members Bowers, Harvey, and White.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Fitzpatrick moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Taylor-. 4.
NAYS: None. 0.
(Council Members Bowers, Harvey and White were absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised
that the one-year terms of Messrs. Ronald H. Miller and
Charles W. Hancock and the three-year terms of Ms.
Viola N. Campbell and Mr. Jan P. Wilkins as members of
the Roanoke Neighborhood Partnership Steering Committee
expired on November 11, 1991, and called for nominations
to fill the vacancies.
Mrs. Bowles placed in nomination the names of Ms.
Viola N. Campbell and Messrs. Jan P. Wilkins, Charles W.
Hancock and Ronald H. Miller.
There being no further nominations, Messrs. Miller
and Hancock were reelected for terms of one year each,
ending November 11, 1992, and Ms. Campbell and Mr.
Wilkins were reelected for terms of three years each,
ending November 11, 1994, by the following vote:
FOR MS. CAMPBELL, AND MESSRS. MILLER, WILKINS, AND
HANCOCK: Council Members~Bowles, Fitzpatrick, Musser and
Mayor Taylor ...... 4.
(Council Members Bowers, Harvey and White were absent~)
338
ARCHITECTURAL REVIEW BOARD: The Mayor called
attention to a vacancy on the Architectural Review Board
created by the death of Mr. Henry B. Boynton, and called
for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Mr.
Robert B. Manetta.
There being no further nominations, Mr. Manetta was
elected as a member of the Architectural Review Board for
a term ending October 1, 1995, by the following vote:
ACTION:
FOR MR. MANETTA: Council Members
Fitzpatrick, Musser and Mayor Taylor ......
Bowles,
4.
(Council Members Bowers, Harvey and White were absent.)
There being ho further business, the Mayor declared
the meeting adjourned at 5:05 p.m.
APPROVED
ATTEST:
City Clerk
339
PERSONNEL COMMITTEE- ROANOKE CITY COUNCIL
November 25, 1991
1:30 p.m.
A meeting of the City Council Personnel Committee was called
to order on Monday, November 25, 1991, at 1:30 p.m., in the City
Council's Conference Room, fourth floor of the Municipal Building,
215 Church Avenue, S. W., with Chairman Howard E. Musser presiding.
PRESENT: Council Members David A. Bowers,
Bowles, James G. Harvey, II, William White, Sr.,
Howard E. Musser .....
Elizabeth T.
and Chairman
ABSENT: Council Member Beverly T. Fitzpatrick, Jr., and Mayor
Noel C. Taylor- --2.
OFFICERS PRESENT: Mary F. Parker, City Clerk.
ACTION:
Mrs. Bowles moved that the Committee met in
Executive Session to conduct interviews of prospective
candidates for the position of Director of Real Estate
Valuation, pursuant to Section 2.1-344(A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Harvey, White
and Chairman Musser ...... 5.
NAYS: None .0.
(Council Member Fitzpatrick and Mayor Taylor were
absent.)
At 1:35 p.m., the Committee convened in Executive
Session.
At 4:55 p.m., the meeting reconvened in the
Council's Conference Room, with Chairman Musser
presiding, and 'all Members of the Committee in
attendance.
(Council Member Fitzpatrick and Mayor Taylor entered the
meeting during the Executive Session.)
340
ACTION:
With respect to the Executive Session Just
concluded, Mrs. Bowles moved that each Member of the
Personnel Committee certify to the best of his or her
knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the
Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion
by which any Executive Session was convened were heard,
discussed or considered by the Personnel Committee. The
motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, White, Mayor Taylor and Chairman Musser ........ 7.
NAYS: None. 0.
There being no further business, the Chairman
declared the meeting adjourned at 4:57 p.m.
ATTEST:
APPROVED
City Clerk
Vice-Mayor
341
ii
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
November 25, 1991
7:00 p.m.
The Council of the City of Roanoke met in regular session
in the Multi-Purpose Room of the Hurt Park Elementary School, 1525
Salem Avenue, S. W., City of Roanoke, on Monday, November 25, 1991,
at 7:00 p.m., with Mayor Noel C. Taylor presiding, pursuant to Rule
1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of
the City of Roanoke (1979), as amended, and pursuant to Resolution
No. 30223-82790, adopted by the Council on Monday, August 27, 1990.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr.,
James G. Harvey, II, Howard E. Musser, William White, Sr., David A.
Bowers, Elizabeth T. Bowles and Mayor Noel C. Taylor ............ 7.
ABSENT: None
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Earl B. Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Darryl G. Crim, Pastor, North Roanoke Baptist Church.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT: The Mayor and Members of
Council, City staff and citizens were entertained with a
selection of songs performed by kindergarten students of
Hurt Park Elementary School under the leadership of Ms.
Patsy Heffernan.
On behalf of the Members of Council, City staff and
citizens, the Mayor expressed appreciation to Ms.
Heffernan and her students for welcoming the Council to
Hurt Park Elementary School through their musical
selections.
342
PUBLIC HEARINGS
ACTION:
BONDS-WATER DEPARTMENT: Pursuant to motion adopted
by Council on Monday, November 4, 1991, the City Clerk
having advertised a public hearing for Monday,
November 25, 1991, at 7:00 p.m., or as soon thereafter as
the matter may be heard, to receive comments with regard
to the proposed adop{lon of an ordinance authorizing the
issuance of $29,505,000.00 principal amount of general
obligation bonds of the City for the purpose of providing
funds to defray the cost of capital improvements to the
water system of the City of Roanoke, the matter was
before the body.
Legal advertisement of the public hearing was
published in the morning and evening editions of the
Roanoke Times & World-News on Friday, November 8, 1991,
and Friday, November 15, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
Mr. White offered the following emergency Ordinance:
(#30793-112591) AN ORDINANCE authorizing the
issuance of Twenty-Nine Million Five Hundred and Five
Thousand Dollars ($29,505,000.00) principal amount of
general obligation bonds of the City of Roanoke,
Virginia, for the purpose of providing funds to defray
the cost of capital improvements to the water system of
such City; fixing the form, denomination and certain
other details of such bonds; providing for the sale of
such bonds; authorizing and providing for the issuance
and sale of a like principal amount of general obligation
public improvement bond anticipation notes in
anticipation of the issuance and sale of such bonds; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 213.)
Mr. White moved the adoption of Ordinance No. 30793-
112591. The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons in
attendance who would like to address Council with regard
to the matter. There being none, Ordinance No. 30793-
112591 was adopted by the following vote:
343
ii
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None 0.
CITY CHARTER-LEGISLATION-COUNCIL: Pursuant to
motion adopted by Council on Monday, November 11, 1991,
the City Clerk having advertised a public hearing for
Monday, November 25, 1991, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to a
proposed amendment to Section 47, Bond issues; borrowinq
in anticipation of issuance of bonds, of the Roanoke
Charter of 1952, as 'amended, the matter was before the
body.
The proposed amendment is informatively summarized
as follows:
The proposed amendment to the Charter of the
City of Roanoke (the "City") would amend
Section 47 of the Charter as follows: Section
47 of the Charter as currently in effect
provides that, in the case of bonds of the
City authorized for issuance pursuant to
Section 47 of the Charter, the same must be
authorized by an ordinance adopted by a
majority of all members of the Council of the
City and approved by the affirmative vote of
the majority of the voters of the City voting
on the question at an election called for such
purpose. Section 47 of the Charter, as
amended, would delete the requirement for
voter approval in the case of bonds to be
issued pursuant to Section 47 of the Charter
and instead would provide discretionary
authority to the Council to require that an
ordinance authorizing the issuance of general
obligation bonds (i.e., bonds for the payment
of which the City is required to levy ad
valorem taxes) be approved by the affirmative
vote of the majority of the qualified voters
of the City voting at an election called for
such purpose.
Legal advertisement of the public hearing was
published in Roanoke Times & World News on Friday,
November 15, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
344
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#30794-112591) A RESOLUTION requesting the 1992
Session of the General Assembly of Virginia to enact
certain amendments to the Roanoke Charter of 1952, as
amended.
(For full text of Resolution, see Resolution Book No. 53,
page 223.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30794-112591. The motion was seconded by Mrs. Bowles.
The Mayor inquired if there were persons present who
would like to address Council with regard to the proposed
City Charter amendment. There being none, Resolution No.
30794-112591, was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
attention to three requests for Executive Sessions to
discuss personnel matters with regard to vacancies on
various authorities, boards, commissions and committees
appointed by Council; to discuss a special award, being
the Annual Citizen of the Year Award; and to discuss a
matter regarding disposition of publicly held property,
specifically the possible conveyance of a parcel of land
for economic development purposes.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
345
tl
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor .... 7.
NAYS: None 0.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss a matter with
regard to a special award, being the Annual Citizen of
the Year Award, pursuant to Section 2.1-344 (A)(10), Code
of Virginia (1950), as amended, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles movgd that Council concur in the request
of the Mayor to convene in Executive Session to discuss
a matter with regard to a special award, being the Annual
Citizen of the Year Award, pursuant to Section 2.1-344
(A)(10), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None O.
INDUSTRIES (INDUSTRIAL DEVELOPMENT AUTHORITY): A
report of qualification of Ms. Margaret R. Baker and Mr.
John J. Butler as members of the Industrial Development
Authority, for terms of four years; each, ending
October 20, 1995, was before Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
346
ACTION:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None --- 0.
YOUTH (YOUTH SERVICES CITIZEN BOARD): A report of
qualification of Ms. E. Ann Hill as a member of the Youth
Services Citizen Board, for a term ending May 31, 1994,
was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
ACTION:
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss a matter with regard to
disposition of publicly held property, specifically the
possible conveyance of a parcel of land for economic
development purposes; pursuant to Section 2.1-344 (A)(3),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss a matter with regard to disposition of publicly
held property, specifically the possible conveyance of a
parcel of land for economic development purposes,
pursuant to Section 2.1-344 (A)(3), Code of Virginia,
(1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ........... 7.
N=%YS: None 0.
347
tl
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ACTS OF ACKNOWLEDGEMENT: Mro C. T. Meredith,
President of the Board of Directors, and Mr. John F.
Pendarvts, Executive Director, Family Service of Roanoke
Valley, presented the City of Roanoke with the 1990-91
Public Service Family Week Award, in recognition of the
City's consistent support for families and the quality of
family life in the Roanoke Valley.
On behalf of the Members of Council, the City's
Administrative staff and citizens of the City of Roanoke,
the Mayor expressed appreciation for the award.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
HOUSING: The City Manager advised that Council will
hold a public hearing on Monday, December 2, 1991, at
2:00 p.m., or as soon thereafter as the matter may be
heard, with regard to the Comprehensive Housing
Assistance Strategy, or C.H.A.S., and in anticipation of
the public hearing he requested Mr. H. Daniel Pollock,
Jr., Housing Development Coordinator, to present an
Executive Briefing. .He explained that the Comprehensive
Housing Assistance Strategy is a requirement in order for
the City to receive Federal funds and housing in a number
of areas.
(For full text, see Executive Briefing on file in the
City Clerk's Office.)
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CITY EMPLOYEES-PAY PLAN-CONSULTANTSREPORTS:
The City Manager submitted a written report advising that
the classification and pay plan was significantly
modified in 1985 as a result of a study conducted by
Cresap, McCormick, Paget; that pay plan adjustments have
been made each year since 1985 except this year; that
merit increases and adjustments to the pay plan have been
348
sufficiently close so as to result in compression of
salaries near the minimum of the pay range for some Jobs;
and Council requested a review of the pay plan by an
outside consultant at the end of the fiscal year 1991-92
budget process.
It was further advised that a request for proposals
to review the pay 'plan was publicly advertised on
October 13, 1991, with proposals having been received
from ten consulting firms on October 28, 1991; and a
selection was made of three consultants for personal
interviews which were conducted on November 8, 1991.
It was explained that consulting services will
consist of:
review of current pay plan structure and
policy;
analysis of actual employee salaries within
each pay grade and Job classification to
determine pay problems;
interview department managers, supervisors and
employees as necessary;
recommendation of new or modified methods of
salary movement within the pay plan (within
grade and promotional);
recommendation of methods to effectively
manage the performance of employees; and
review completed and final report presented by
January, 1992.
The City Manager recommended that Council award a
contract for consulting services to provide for a review
of the City's pay plan to Towers, Perrin, Forrester &
Crosby, Inc., a Towers Perrin Company, of Rossyln,
Virginia; and transfer $36,174.00 from the General Fund
Contingency, Account Number 001-002-9410-2199, to
Personnel Management, Fees for Professional Services,
Account Number 001-050-1261-2010.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
349
ACTION:
(#30795-112591) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
p~oe 228.)
Mr. Harvey moved the adoption of Ordinance No.
30795-112591. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor- 7.
NAYS: None 0.
ACTION:
Mr. Harvey offered the following Resolution:
(#30796-112591) A RESOLUTION authorizing the
execution of a contract with Towers, Perrin, Forrester &
Crosby, Inc., of Rossyln, Virginia, to provide certain
consulting services, specifically, review of the City pay
plan.
(For full text of Resolution, see Resolution Book No. 53,
page 228.)
Mr. Harvey moved the adoption of Resolution No.
30796-112591. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor .......... 7.
NAYSt None 0.
BUDGE-FIFTH DISTRICT EMPLOYMENT AND TRAINING
CONSORTIUM: The City Manager submitted a written report
advising that the Fifth District Employment and Training
Consortium (FDETC) has been authorized to operate a Joint
contract and a second Joint contract with the City of
Roanoke's Department of Social Services, during fiscal
year 1992; that the Governor's Employment and Training
Department has granted the Consortium an increase in its
II-B Summer Youth Program funding, for the Summer Youth
Institute; that Total Action Against Poverty (TAP) has
submitted an application to the State Department of
Education to provide Adult Literacy Training to certain
jurisdictions within the Fifth Planning District; that
the City of Roanoke has allocated funds from the
35O
Department of Human Resources to assist with costs
incurred for the Summer Food Service Program; and the
City of Roanoke is the grant recipient for Consortium
funding and Council must appropriate funding for all
grants received by the Consortium.
It was explained that the City's Department of
Social Services and the Fifth District Employment and
Training Consortium' have entered into a financial
contract, in the amount of $234,419.49, for Employment
Services as well as Job Opportunities and Basic Skills
activities, for certain clients during the period July 1,
1991 through June 30, 1992; that the City's Department of
Social Services and the Consortium have entered into a
second financial contract, in the amount of $24,000.00
for Job Opportunities and Basic Skills activities for
food stamp recipients, for the period July 1, 1991
through June 30, 1992; that the Governor's Employment and
Training Department has sent Notice of Award #91-03-07
to the Consortium, in the amount of $4,000.00, for the
Summer Youth Institute under Title II-B; that the State
Department of Education has approved the grant
application of Total Action Against Poverty and awarded
$65,419.00 to the Consortium on behalf of TAP to conduct
Literacy Training in certain Jurisdictions within the
Fifth Planning District; that the City of Roanoke has
allocated $7,385.00 in Human Resources funding to the
agency; and availability of additional funds for the
Consortium totals $335,223.49 for the year beginning
July 1, 1991.
The City Manager recommended that Council
appropriate additional funding of the Fifth District
Employment and Training Consortium, in the amount of
$335,223.49 and increase the revenue estimate by
$335,223.49 in accounts to be established by the Director
of Finance.
(For full text, see ~eport on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30797-112591) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 229.)
351
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
30797-112591. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ........ 7.
NAYS: None-- 0.
BUDGET-SEWERSAND STORM DRAINS-INDUSTRIES: The City
Manager submitted a written report advising that Council
awarded an engineering services contract to Mattern &
Craig, Inc., in connection with the Statesman Industrial
Park project on Monday, July 23, 1990, in the amount of
$310,000.00; and scope of work includes the following
three phases:
Phase I - Prepare preliminary design schemes and
estimates for the rapid and orderly development of
the project.
Phase II - Design of the project and preparation of
contract documents in such a manner as to
facilitate project construction in three
construction contracts.
Phase III - Provide construction project management
services for three construction projects.
It was further advised that during Phase I, the City
learned of impending Federal requirements to mandate
Stormwater Discharge Permits and requested that the
consultant expand the scope of the project to include an
investigation of the feasibility of modifying the design
of the detention basin facilities to meet the City's
understanding of the requirements of the new Federal law;
that cost estimates to fully comply with the new law
revealed that project cost would be increased by 200 per
cent with no guarantees that the Federal Government will
accept this particular method to reduce pollution; that
the consultant was directed to complete the design to
fully accommodate current laws; and it is recognized that
the detention basin Could need to be retrofitted in the
future to comply with Federal requirements.
It was explained that the consultant has requested
that a change order be issued to the contract to cover
the requested extra work, in the total amount of
$16,985.00.
352
ACTION:
ACTION:
The City Manager recommended execution of Change
Order No. 1, in the amount of $16,985.00, in a form
acceptable to the City Attorney; and that the Director of
Finance be authorized to transfer $16,985.00 from Public
Improvement Bonds - Storm Drains 1990, Account No. 008-
052-9700-9176, to Statesman Industrial Park Storm Drain,
Account No. 008-052-9656-9001.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#30798-112591) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 231.)
Mrs. Bowles moved the adoption of Ordinance No.
30798-112591. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ...... 7.
NAYS: None' 0.
Mrs. Bowles offered the following emergency
ordinance:
(#30799-112591) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 1 to the City's
contract with Mattern & Craig, Inc., for engineering
services in connection with the Statesman Industrial Park
project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 232.)
Mrs. Bowles moved the adoption of Ordinance No.
30799-112591. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ..... 7.
NAYS: None
-0.
353
ACTION:
YOUTH (CRISIS INTERVENTION CENTER): The City
Manager submitted a written report with regard to Change
Order No. 2 for the Crisis Intervention Center, advising
that a contract was entered into with Williams Painting
and Remodeling, Inc., in the amount of $487,234.00, with
210 consecutive calendar days construction time; and
Change Order No. 1 added $6,639.81 and 40 consecutive
calendar days to the contract for a total contract
amount of $493,873.81 and 250 consecutive calendar days,
with a project contingency fund now totalling $27,460.19.
It was further advised that contract documents did
not describe in detail the required soil and erosion
control plan; that after discussion between Roanoke City
officials and Botetourt County officials, a soil and
erosion control plan was mutually agreed upon; and the
contractor's cost proposal for the additional work is
$9,284.00, as well as extension of the water main for a
total of 60 feet to connect with the existing main, in
the amount of $2,048.20.
The City Manage~ recommended that Council authorize
issuance of Change Order No. 2 to the contract with
Williams Painting and Remodeling, Inc., in the amount of
$11,332.20 for implementation of the soil and erosion
control plan, permanent project retention basin, and
extension of the water main, with no additional time of
construction being required.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency
ordinance:
(%30800-112591) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 2 to the City's
contract with Williams Painting and Remodeling, Inc., for
the construction of the Crisis Intervention Center
building; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 234.)
Mr. Musser moved the adoption of Ordinance No.
30800-112591. The motion was seconded by Mr. Bowers and
adopted by the following vote:
354
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance
submitted a written report recommending the following
adjustments in salary budgets with regard to fiscal year
1991-92 first quarter personnel lapse:
"GENERAL FUND:
Total Budgeted Personnel Lapse
First Quarter Personnel Lapse
Reduction
First Quarter Revenue
Adjustment
Transfer to Civic Center
Adjustment
Net First Quarter Reduction
$367,965
(82,216)
19t511
($875,000)
305t260
Personnel Lapse Balance Remaining
after First Quarter ($569,~40)
Note: The $19,511 reduction in the Transfers to
Civic Center Fund account will require a
corresponding reduction in Civic Center revenues
and expenditures.
INTERNAL SERVICE FUND:
Total Budgeted Personnel Lapse
First Quarter Personnel Lapse
Reduction
($100,000)
50~367
Personnel Lapse Balance Remaining
after First Quarter ($ 49,633~
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
355
ACTION:
ACTION:
(#30801-112591). AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General, Civic Center and
Internal Service Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 235.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30801-112591. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
BUDGET-DIRECTOR OF FINANCE: A report of the
Director of Finance transmitting the financial report the
City of Roanoke for the month of October 1991, was before
Council.
(For full text, see financial report on file in the City
Clerk's Office.)
Mr. Harvey moved that the financial report be
received and filed. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
REPORTS OF COMMITTEES:
BUDGET-PARKS AND PLAYGROUNDS: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for improvements
to Huff Lane, Strauss, Garden City and Westside Parks,
presented a written report on behalf of the Committee,
recommending that Council award a contract to Acorn
Construction Ltd., in the total amount of $181,500.00,
with 210 consecutive days for completion of the project
and a contingency amount of $8,500.00; that the Director
of Finance be authorized to transfer funds from Park
Improvement Bonds 1988, Account No. 008-052-9603-9180, to
Four Parks - 1991; and that all other bids received by
the City be rejected.
The City manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
356
ACTION:
ACTION:
Mr. White offered the following emergency budget
Ordinance:
(#30802-112591) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and ~roviding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 238.)
Mr. White moved the adoption of Ordinance No. 30802-
112591. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ....... 7.
NAYS: None 0.
Mr. White offered the following emergency ordinance:
(#30803-112591) AN ORDINANCE accepting the bid of
Acorn Construction Ltd., for improvements to four City
parks, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials
to execute the requisite contract for such work;
rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
Page 239.)
Mr. White moved the adoption of Ordinance No. 30803-
112591. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ............ 7.
NAYS: None' 0.
CIVIC CENTER: A report of the Roanoke Civic Center
Commission with regard to acceptance of Discover Card for
ticket purchases at the Roanoke Civic Center, advising
that Discover Financial Services Card was introduced to
the public in January 1986; that Discover Card is now in
approximately 25 per cent of U. S. households; that 30
per cent of Discover Card members do not own any other
major credit card; and Discover Card is now accepted by
over 1.25 million merchants, was before Council.
357
1!
ACTION:
It was further advised that the Roanoke Civic Center
currently accepts only Mastercard and VISA as an
alternative method to cash or check in order to purchase
tickets; that credit card sales account for approximately
29 per cent of total ticket sales at the Civic Center;
that credit card companies such as Discover Card,
Mastercard and VISA are active sponsors of many traveling
shows, and they require the venue to accept their card
when the event plays.at the facility.
The Roanoke Civic Center Commission recommended that
Council authorize the City Manager to execute an
agreement with Discover Financial Services to accept the
Discover Card at the Roanoke Civic Center as a method of
payment for ticket purchases.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
(#30804-112591) A RESOLUTION authorizing a contract
between the City and Discover Financial Services for
acceptance of the Discover Card for ticket purchases at
the Roanoke Civic Center, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 240.)
Mr. Harvey moved the adoption of Resolution No.
30804-112591. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None'
UNFINISHED BUSINESS:
None.
®
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ARMORY/STADIUM-ROANOKE MEMORIAL HOSPITALS:
Ordinance No. 30790-112591 authorizing the lease of 100
parking spaces in the Victory Stadium parking lot to
Roanoke Memorial Hospitals, Inc., for a lease fee of
$600.00 per month for a two year term, having previously
been before the Council for its first reading on Monday,
November 18, 1991, read and adopted on its first reading
358
ACTION:
and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final
adoption:
(#30790-112591) AN ORDINANCE authorizing the lease
of 100 parking spaces in the Victory Stadium parking lot
to Roanoke Memorial Hospitals, Inc., upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 212A.)
Mr. Bowers moved the adoption of Ordinance No.
30790-112591. The mo~lon was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL.
COUNCIL-POLICE DEPARTMENT-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor referred to a communication from
Ms. Martha Ogden, President, Hurt Park Neighborhood
Alliance, advising that some of the concerns of her
neighborhood which have been addressed by the City are
over-grown lots, boarded up vacant houses, and abandoned
cars that have been removed from streets and backyards.
She further advised that residents are pleased to have
the C.O.P.E. Unit in their neighborhood, and although
drugs are still their number one problem, it is felt that
with visibility of the C.O.P.E. Unit, drug pushers will
soon get the message that they are not wanted in the Hurt
Park neighborhood. Ms. Ogden e~plained that the Hurt
Park Neighborhood Alliance is an active organization and
is working to fulfill the purpose of carrying out the
spirit of the neighborhood unit, to assist neighbors as
necessary, to strive for a harmonious and crime-free
neighborhood, and to support neighborhood improvement,
and it is hoped to make their neighborhood a place for
evezyone to be proud of, especially the future
generations of tomorrow.
(see communication on file in the City Clerk's Office.)
359
The City Manager advised that officers of the
Community Oriented Policing Effort (C.O.P.E.) were in
attendance at the Council meeting this evening. He
stated that Roanoke is fortunate to have a strong group
of citizens who are deeply committed and willing to stand
up for what they believe in. He advised that drugs are
an issue in the Hurt Park area and the C.O.P.E. Team will
be present for a long period of time before moving on to
the next neighborhood which needs to be addressed. He
expressed appreciation to Mrs. Ogden and to other persons
who work with the Roanoke Neighborhood Partnership for
their positive attitude and assistance.
OTHER HEARINGS OF CITIZENS:
POLICE DEPARTMENT-YOUTH-HOUSING: The
persons appeared before Council and
neighborhood concerns:
following
addressed
Mr. Ren T. Heard, 1306 Salem Avenue, S. W.,
representing the West End Association, discussed the
matter of drugs, violence, crime and deteriorated
housing. On behalf of the West End Association, he
presented the following recommendations for Council's
consideration:
l)
The Community Oriented Policing
Effort, C.O.P.E Team, is the first
step in addressing problems;
however, police officers should walk
their beat in order to apprehend
drug dealers during peak drug
traffic hours (3:30 p.m. until
midnight) when there is a tremendous
amount of drug activity in the 13th
Street corridor extending from Salem
Avenue to Chapman Avenue, S. W.
2)
There should be strict enforcement
of the Juvenile curfew and
establishment of a holding facility
for Juveniles which would be
separate from the Roanoke City Jail.
A plan should be established in
which a parent would be held
r6sponsible if their child violates
curfew.
360
ACTION=
3)
Public housing should be located in
all sections of the City and not
exclusively in the less affluent
neighborhoods.
4)
The City should require an annual
inspection by permit fee of all
rental housing in the City to insure
that dwellings are in compliance
with building code standards.
Mr. Curt Overington, 1328 Campbell Avenue, S. W.,
spoke in support of more efficient screening of
applicants for Section 8 housing by the Roanoke
Redevelopment and Housing Authority.
Ms. Norma Smith, 11 14th Street, S. W., requested
written information with regard to the Section 8 housing
program. She also addressed the matter of crime in her
section of the City, deteriorated housing and requested
cleanup of blighted areas in the vicinity of the Tenth
Street Bridge.
The Reverend Samuel A. Wade, 1315 Rorer Avenue,
S. W., addressed the matter of crime in the Rorer Avenue
area, and requested Council's assistance in correcting
existing problems.
The Mayor advised that the remarks of the abovenamed
individuals would be referred to the City Manager for
appropriate response.
At 8:45 p.m., the Mayor declared the meeting in
recess.
At 9:35 p.m., the meeting reconvened in the
Auditorium of the Hurt Park Elementary School, with Mayor
Taylor presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
361
11
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
HUMAN RESOURCES (ADVISORY BOARD OF HUMAN RESOURCES):
The Mayor advised that there is a vacancy on the Advisory
Board of Human Resources created by the resignation of
The Reverend William L. Lee, for a term ending
November 30, 1995, and called for nominations to fill the
vacancy.
Mr. White placed in nomination the name of Mr.
Malcolm L. Taylor.
ACTION:
There being no further nominations, Mr. Taylor was
elected as a member of the Advisory Board of Human
Resources, for a term ending November 30, 1995, by the
following vote:
ACTION:
FOR MR. TAYLOR: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers, Bowles and Mayor Taylor ......... 7.
There being no further business, the Mayor declared
the meeting adjourned at 9:40 p.m.
ATTEST: ~~
City Clerk
APPROVED
Mayor
362
SPECIAL MEETING
ROANOKE CITY COUNCIL
ROANOKE CITY SCHOOL BOARD
December 2, 1991
10:30 a.m.
A special Joint meeting of the Roanoke City Council and the
Roanoke City School Board was held on Monday, December 2, 1991, at
10:30 a.m., in the City Council's Conference Room, fourth floor of
the Municipal Building, 215 Church Avenue, S. W., pursuant to a
communication from the Mayor under date of November 27, 1991, and
pursuant to Section 10, Meetings of Council, of the Roanoke City
Charter, with Mayor Noel C. Taylor and Chairperson Finn D. Pincus
presiding.
COUNCIL MEMBERS PRESENT: David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Howard E.
Musser, William White, Sr., and Mayor Noel C. Taylor ............. 7.
ABSENT: None 0.
SCHOOL BOARD MEMBERS PRESENT: Sallye T. Coleman, Charles W.
Day, M. Wendy O'Neil, Thomas L. Orr, James M. Turner, Jr., and
Chairperson Finn D. Plncus 6.
ABSENT: Ms. Marilyn C. Curtis
OTHERS PRESENT: W. Robert Herbert, City Manager; Wllburn C.
Dibltng, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; Mary F. Parker, City Clerk; Frank P. Tota, Superintendent
of Schools; Richard L. Kelley, Assistant Superintendent and Clerk
to the Board; June S. Nolley, Secretary to the Superintendent and
Assistant Clerk to the Board; and William X Parsons, Assistant City
Attorney and Attorney to the Roanoke City School Board.
LEGISLATORS PRESENT: Senator-Elect Brandon Bell, Delegate A.
Victor Thomas and Delegate Clifton A. Woodrum, III.
The meeting was opened with a prayer by Mayor Taylor.
On behalf of the Members of City Council and the School Board,
the Mayor welcomed all persons in attendance and referred to the
following communication calling the special meeting of Council:
363
11
II
"November 27, 1991
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the
Roanoke City Charter, I am calling a Special Meeting of
the Council of the City of Roanoke on Monday, December 2,
1991, at 10:30 a.m., in the City Council's Conference
Room. The purpose of the meeting will be to meet with
the City's representatives to the General Assembly to
discuss the proposed 1992 Legislative Program of the City
of Roanoke.
With kindest regards, I am
Sincerely yours,
S/Noel C. Taylor
Noel C. Taylor
Mayor"
Mayor Taylor advised that the City of Roanoke is pleased to
commend the proposed 1992 Legislative Program for consideration by
the 1992 Session of the General Assembly. He stated that Council,
representing the citizens of the community, is uniquely qualified
to understand the legislative needs of the Roanoke City Government,
advising that the Legislative Program is responsive to those needs
and with the support of the City's legislators, the City government
and the School system will be improved and the quality of life for
all citizens will be enhanced by the work of the legislators in the
1992 Session of the General Assembly. He expressed appreciation to
the City Attorney who has worked with the Legislative Committee and
to City officials who were instrumental in drafting the Legislative
Program which is divided into three parts; viz: policy statements,
specific legislative proposals and a proposed City Charter
Amendment.
Chairperson Pincus expressed appreciation to Senator-Elect
Bell and to Delegates Thomas and Woodrum for their attendance at
the meeting, as well as to Dr. Tota and Mr. Kelley for assisting
the School Board in its preparation for the meeting.
364
MANDATES
The Mayor addressed the matter of mandates, advising that in
light of the fiscal difficulties at the State level such as the
downturn in the economy, the revenue shortfall, the lack of
finances, and reductions in State aid to localities which was
adopted by the 1991 Session of the General Assembly, state mandates
have become a more critical issue than ever before. He explained
that it is difficult when someone who has the authority tells one
what to do and it involves spending and yet, one is without the
wherewithal to accomplish the mandate. He added that for many
years, mandates have been a serious concern for local government,
but they were perhaps a bit more palatable in those years when the
State sent a larger portion of funds along with the mandates in
order to carry out their wishes. Therefore, he stated that the
City is of the opinion that a reduction in excessive regulatory and
statutory mandates is an urgent matter at this time, and it is felt
that the General Assembly must carefully consider the fiscal impact
of all bills imposed on local government.
REVENUE AND FINANCE
Mayor Taylor discussed the matter of revenue and finance,
advising that the City of Roanoke and most cities in the
Commonwealth of Virginia are greatly concerned over the continuing
erosion of local revenue sources. He stated that the General
Assembly is urged not to cap and not to remove or restrict any
revenue sources that are presently available to localities,
including authority to tax certain fees and the possibility of an
additional one-half cent local option sales tax which will help to
raise adequate local revenue to continue the current level of local
government. He added that if the City continues to go down the
same path, it could reach the point where the quality of services
rendered by local government will be greatly reduced and in order
to maintain its level of service, the City would like to be free of
further restrictions. He explained that it is believed that if the
General Assembly should see fit to give to the localities the right
of imposing a one-half cent local option sales tax, localities
would be helped tremendously and it would not impose a great
hardship on the General Assembly because the City is not requesting
the General Assembly to vote the tax, but to give the City the
right to consider the possibility, and it would become an option
for local elected officials throughout the State to determine
whether or not to initiate the additional one-half cent sales tax.
SPECIAL NEEDS OF CENTRAL CITIES WITHOUT ANNEXATION POWER
Vice-Mayor Musser addressed the matter of special needs of
central cities without annexation power. He stated that one of the
reasons for this special need is because a number of years ago the
General Assembly took away annexation powers of core cities. He
365
ii
II
advised that larger, more urbanized central cities of the
Commonwealth, such as Roanoke, provide a full range of housing,
mental health, transportation, social and humanitarian services.
As an example, he stated that Roanoke City has over 4,100
subsidized housing units, while Roanoke County and the City of
Salem have approximately 414, which is almost ten per cent of what
the City provides. He added that it is known that the City has
close to 50 per cent disadvantaged children in its school system
which means that certain support services must be provided for the
families of those children. He stated that the City of Roanoke has
done an admirable job in providing additional industrial tax base,
in creating new buildings such as the Dominion Tower, the new
Norfolk Southern building, etc., and in holding on to what it has
in order to keep the tax base at a decent level, however the City
of Roanoke continues to provide services to areas outside the City
limits, and it is unfair for the City to continue on the same tax
base from the State when it is providing certain services for
citizens who reside in other localities. He pointed out that the
funds need to be redistributed and if the City is expected to
provide certain services for citizens of other localities, those
localities should help to fund the services. He added that fiscal
stress of core cities continues to get worse because with low
income housing, localities obviously dilute their income base and
as low income housing continues to increase, the upper end of the
housing situation does not increase, therefor, the tax base
continues to dwindle. Insofar as recommendations of the City of
Roanoke, Mr. Musser advised that Virginia's unique system of
independent cities needs to be reevaluated, and financial
incentives for local governments need to be created, as well as
special funding by the Commonwealth of those services provided by
central cities which benefit the entire region.
HOTEL ROANOKE - FUNDING OF PUBLIC FACILITIES
Mr. Harvey addressed the matter of Hotel Roanoke and the
funding of public facilities, advising that the renovation of the
Hotel Roanoke and construction of the Conference Center is the
number one economic development project of the Roanoke Valley. He
stated that the proposed Conference Center will cost in the range
of $8 to $12 million and, realistically, the figure will probably
be approximately $12 million. He explained that it is hoped to
build a trade and convention center, along with the Hotel Project,
with that particular project generating as much as $1 million to
the State per year in new taxes. He stated that it is hoped to
call on the City's representatives to the General Assembly for
their support of a two-part program to address this need in the way
of a rebate program similar to programs in Alabama, Arkansas and
Florida, whereby the State would return all sales tax collections
generated by public assembly facilities to the localities
constructing such facilities to help defray the cost of debt
service. Secondly, he advised that the State is urged to consider
366
new or additional taxing power and, under this alternative, the
State would give a locality new or increased taxing power for a
specific purpose for a specific period of time, and the new taxing
power might be tied to a new facility. He spoke in support of
reaching into the economic development pocket of the State in order
to initially assist the City ih financing the project. He stated
that a developer and an architect has been selected and it will be
an exciting project for not only the City but for the entire
Roanoke Valley. He called attention to spinoff benefits of the
project, advising that if large conventions are booked, motel rooms
in the City as well as the County will be occupied, in addition to
increased restaurant business. Additionally, he stated that this
project will do more to stabilize and help small businesses in the
downtown area than any other project presently under consideration.
EDUCATION - EQUITABLE FUNDING
Chairman Pincus addressed the matter of equitable funding in
education. He stated that the Virginia Bill of Rights makes
education a fundamental right and the Constitution of Virginia
provides for a substantially equal educational opportunity for
every child in the Commonwealth. He added that in spite of State
mandates, the method by which funds have been allocated has
resulted in substantial disparities, and since 1980, the
disparities between school boards has gotten worse, with richer
systems providing more and poorer systems providing less. He stated
that in 1990, the Governor's Commission on Educational Opportunity
was created, and in its report the Commission suggested that the
Commonwealth of Virginia should increase the size of the entire
education budget by providing more funding and a redistribution of
funds so that school divisions with lower capacity and those
divisions with higher concentrations of students with special
needs, and many of those students are economically disadvantaged,
would receive a greater proportion of the funds. He explained that
in order to provide more equi%able funding, the City Council and
the School Board hope that the General Assembly will revise and
fund the educational standards of quality and provide a better
measure than the current composite index which should more
accurately reflect the taxpayer's ability to pay and consider local
funding for education. He stated that now is the time for the
General Assembly and the Governor to act in order to deal with the
disparity issue.
Mr. Pincus pointed out that in connection with ability to pay
(per capita personal income), Virginia is considered to be a fairly
rich stat9 and ranks tenth, averaging a little more than $17,600.00
per capita, yet if one reviews educational assistance, elementary
and secondary expenditures per $1,000.00 of personal income,
Virginia has a poor record and ranks 39th. In connection with
State elementary and secondary expenditures, he pointed out that
the State Government contributes 34.6 per cent, that the United
367
II
States average of all states is approximately 49 per cent, and
Virginia ranks 46th in terms of all states on elementary and
secondary expenditures, advising that unfortunately Virginia does
not make education a priority.
Mr. Pincus called attention to high school students who work
long hours in order to pay for such things as cars, stereos and
other items that provide short term gratification, advising that he
would personally like to see a law that limits the number of hours
that a student may work during a school day, unless there are
extenuating circumstances. As an example, he stated that all too
often students get their priorities mixed up and spend considerable
time working at fast food restaurants and thus, do not give enough
attention to their homework. He stressed that a message should be
sent, particularly to high school students, that education is very
important and this is one method of doing so without the
expenditure of funds.
EDUCATION - METHOD OF CALCULATING STANDARDS OF QUALITY COSTS; FULL
FUNDING OF STANDARDS
Mr. Day addressed the matter of the method of calculating
standards of quality costs, as well as full funding of standards.
He advised that the City urges the General Assembly to study the
procedure used by JLARC in calculating the costs of Standards of
Quality to determine whether the formula accurately reflects the
actual costs of meeting standards of quality. He stated that the
new methodology appears to be inadequate in several respects; viz:
1)
it artificially lowers the State average salary instead
of using actual salary figures;
2)
it uses an artificially iow limit on the number of
professionals per thousand students for which State aid
is given; and
3)
the methodology does not address the cost differences in
providing education to students with special needs, such
as the inner city school population.
Mr. Day explained that for fiscal year 1991-92, the General
Assembly has set the per pupil cost of standards of quality at
$2,732.00; that actual per pupil cost for Roanoke City students is
estimated to be $4,835.00 for fiscal year 1991-92, and Roanoke City
schools actually received only $1,062.00 per pupil for this fiscal
year. He added that increased funding for education, including
full funding of the State's share of actual cost of Standards of
Quality and full funding of the categorical educational mandates,
is the top priority of the City Council and the School Board; that
increased State funding should be achieved without reduction to
368
other funding components of the Commonwealth's public education
budget or to other State funded items affecting local governments,
and the State should also factor public school capital improvement
costs into the Standards of Quality and should begin to share in
funding such costs.
EDUCATION - ELIMINATION OF SCHOOL AGE CENSUS
Mrs. Coleman addressed the matter of elimination of school age
census. She stated that every three years, all school divisions
conduct a census of school age children residing in the locality
and the census becomes the basis for distribution of State
educational sales tax to the locality. She added that the new
methodology using pupil average daily membership would reduce the
sales tax distribution to urban localities with declining
enrollment, and it is estimated that Roanoke City would lose over
$1.2 million in State educational aid if such a change were to
occur. She added that this legislation should be opposed unless it
incorporates a mechanism to protect urban school divisions from
losing State aid.
Chairman Pincus advised that the 1991 Session of the General
Assembly continued the enrollment loss provision which protects
schools that are in a declining state, and it is hoped that the
General Assembly will continue the provision in the next Biennium.
EDUCATION - DAY CARE
Mr. Orr addressed the matter of day care in the education
system, advising that the General Assembly is requested to amend
the State Code to authorize the School Board to operate a day care
center for children of employees of the School division and City
employees. He explained that at the present time, a day care
center is being operated in conjunction with Total Action Against
Poverty.
EDUCATION - SCHOOL OPENING DATE
Mr. Turner addressed the matter of the school opening date,
advising that several years ago the General Assembly amended the
State Code to require that local school boards establish school
calendars so that the first day of the school year shall fall after
Labor Day. He stated that this provision creates a hardship for
western Virginia's school divisions which may have an abnormal
number of closing days due to inclement weather and when Labor Day
falls on September 6 or 7, it may require the schools to remain
open into the third week of June. He advised that the General
Assembly is requested to grant an exception which would permit the
Roanoke City school division to commence its school year prior to
Labor Day.
369
ii
EDUCATION - CRIMINAL CONVICTION RECORDS OF APPLICANTS FOR
EMPLOYMENT WITH THE SCHOOL DIVISION
MS. O'Neil addressed the matter of criminal conviction records
of applicants for employment with the school division, advising
that one of the simple things that can be done to help insure the
safety of all students in the Roanoke City School system is to
provide authorization for the school division to have access to the
criminal records of individuals who apply for work involving
Roanoke City school students. She pointed out that the school
system is concerned about not employing individuals who have been
convicted of violent crimes, sexual offenses or drug offenses.
JUVENILE DETENTION FACILITIES
Mr. Bowers addressed the matter of juvenile detention
facilities, advising that crime statistics have increased, with the
number of juvenile crimes increasing as well. He explained that a
review of recent statistics reflects the following utilization
rates for Roanoke's Juvenile detention facility at 102 per cent in
fiscal year 1990, 102 per cent in fiscal year 1991, and a projected
110 per cent for 1992. He explained that the State Code requires
that one-half of any construction improvements to a regional
detention facility be paid for by the Commonwealth of Virginia, and
one-half by the local government, advising that the City would like
to expand its juvenile home by $1.5 million and therefore, would
request approximately $750,000.00 from the Commonwealth of Virginia
for said construction. He added that funding for operation of the
Juvenile detention facility has dropped from 82 per cent in 1982 to
69 per cent in fiscal year 1991.
JAIL - COST OF PERSONNEL AND EXPANSION OF FACILITIES
Mrs. Bowles addressed the matter of personnel and expansion of
the Jail, advising that on September 15, 1991, the City Jail
reached an all-time high of 428 inmates which is 212 over the
capacity for a facility that was designed to have an operating
capacity of 216 inmates. She added that the count continues to
increase with inmates sleeping on the floor, that extra bunks were
added, however, that does not take care of the problem, advising
that security of inmates as well as jail staff is in jeopardy due
to a dangerous overcrowding s{tuation. She explained that the
State Code now requires that anyone sentenced to six years or less
will be housed in the local Jail which, in effect, will cause even
more Jail overcrowding in the future. She stated that the State
Compensation Board recently declined to approve certain new
positions for the Jail, therefore, on October 14, 1991 Council,
realizing the need, authorized the funding of 11 additional
positions at 100 per cent local cost. She urged the 1992 Session
of the General Assembly to meet its moral and legal obligations to
fund these and additional vital positions.
370
TRANSPORTATION - IMPROVED ACCESS TO BLACKSBURG/VIRGINIA TECH
Mr. Fitzpatrick addressed the matter of transportation and
improved access to Blacksburg/Virginia Tech, advising that direct
access between the Roanoke Valley and Blacksburg/Virginia Tech is
important to economic development efforts in southwest Virginia;
that the State Transportation Commission has recognized that a
direct link from Blacksburg to 1-81 is a different project from
solving traffic congestion on U.S. Route 460 in Montgomery County
and its importance was highlighted when it was placed in the
State's Six-Year Plan. He explained that the City supports State
funding for this important regional project, and pointed out that
this route has much more to do with the economic health of the
region than any one road project will ever have in northern
Virginia, Richmond or Tidewater. He added that this is an
essential economic development project as far as the City is
concerned for western Virginia and Council would appreciate the
support of the General Assen~l¥ inasmuch as the road will have a
tremendous impact on the future of western Virginia and the young
people of the area.
SALES TAX - LOCAL OPTION
Mr. White addressed the matter of the local option sales tax
and urged that the General Assembly consider giving the localities
the option to impose an additional one-half cent local option sales
tax. He stated that "option" is the key word and in times of
fiscal stress, localities need to have an option for additional
revenue. He explained that if the City had the option to impose
the additional tax, it would be important to determine what
surrounding jurisdictions plan to do inasmuch as Roanoke City would
not want to enact the tax if Roanoke County did not follow suit.
He urged that the General Assembly favorably consider the one-half
cent local option sales tax for cities and counties in the
Commonwealth of Virginia.
ARCHITECTURAL REVIEW BOARD - DELEGATION OF POWERS TO AGENT
Mr. Dibling addressed the matter of Architectural Review
Board, delegation of powers to agent, advising that Sec. 15.1-503.2
of the Code of Virginia (1950), as amended, authorizes Council to
adopt an ordinance providing that no building in a historic
district shall be altered or restored without approval of the
Architectural Review Board; and the requirement that the
Architectural Review Board act on minor repairs, alterations to
fences, awnings, decks, etc., creates an unnecessary hardship and
delay to citizens; therefore, he recommended that Sec. 15.1-503.2
be amended to empower an authorized agent of the Architectural
Review Board to review and approve such minor alterations. He
pointed out that disapproval by the agent of an application would
be appealable to the Architectural Review Board and delegation of
371
ii
powers to an agent of the Architectural Review Board would be
analogous to delegation of subdivision review powers to an agent of
the City Planning Commission under Sec. 15.1-473.
IMMUNITY FOR STAFF AND VOLUNTEERS IN YOUTH ATHLETIC PROGRAMS
Mr. Dlbling further addressed the matter of immunity for staff
and volunteers in the City's nonprofit youth athletic programs. He
stated that these programs are supported by several City employees,
but primarily by numerous volunteers who serve as coaches, league
officials, game officials, referees and umpires. He added that it
is well known that these activities are high-risk and if the City's
youth athletic programs continue to attract large numbers of
volunteers, protection needs to be provided from liability for
those persons who volunteer their time. He explained that the type
of immunity requested by the City is similar to that which the
General Assembly has extended to volunteer rescue squad members.
CITY CHARTER AMENDMENT - GENERAL OBLIGATION BONDS - PROVIDE FOR
DISCRETIONARY REFERENDA
Mr. Dibling advised that most cities in the Commonwealth, with
the exception of the City of Roanoke and two other cities, are not
required to hold a bond referendum and to obtain voter approval as
a prerequisite to issuing general obligation bonds to accomplish
projects deemed necessary for the community~ He stated that the
only Constitutional limitation is that total indebtedness cannot
exceed ten per cent of the locality's assessed real estate
valuation; and having no Constitutional requirement to hold a bond
referendum, most cities in the Commonwealth can more readily commit
future revenues to needed projects. He explained that whether such
commitment requires a tax increase or the issuance of long-term
indebtedness, it is the elected City Council's choice to make,
without case by case approval by the electorate and without the
costs and delays associated with conducting a bond referendum.
Mr. Dibling pointed out that the General Assembly enacted a
new Public Finance Act of 1991 which, after July 1, 1992,
eliminates the option of the Roanoke City Council to issue bonds of
the Public Finance Act without holding a bond referendum and
obtaining voter approval. He advised that since most municipal
charters in Virginia do not require a referendum as a condition
precedent to the issuance of bonds, the Public Finance Act of 1991
treats the City of Roanoke differently from the vast majority of
the Commonwealth's municipalities.
The City Attorney explained that the 1992 Session of the
General Assembly is urged to amend the Roanoke City Charter to
restore Council's option to issue general obligation bonds without
referendum, advising that by amending the Roanoke City Charter to
eliminate the referendum requirement as a mandatory prerequisite to
372
the issuance of general obligation bonds, the General Assembly will
put the City of Roanoke back on equal footing with almost all other
cities in the Commonwealth and will give the City the ability to
issue general obligation bonds without incurring the cost of
conducting a bond referendum and without having the time delays
occasioned by a referendum requirement.
Mr. Dibling advised that Delegate Woodrum had agreed to
sponsor the City Charter Bill in the General Assembly and expressed
appreciation for his assistance on the City's behalf. He further
expressed appreciation to Delegates Thomas and Woodrum for their
assistance over the years and stated that he looked forward to
working with Senator-Elect Bell during the 1992 Session of the
General Assembly, as well as future sessions of the General
Assembly.
Mr. Bowers, Chairperson of the Legislative Committee,
expressed appreciation to Mr. Dibling and to the members of the
Legislative Committee for their diligent work during the past year,
advising that it had been suggested that a member of the School
Board serve on the Legislative Committee, and he would like to
discuss the matter further with the Members of Council. He stated
that the City looks forward to working with the legislators during
the upcoming General Assembly Session, and he hoped that the City
would be successful in obtaining approval on its legislative agenda
items.
Dr. Tota expressed appreciation to Delegates Thomas and
Woodrum for their past assistance and for insuring that the Roanoke
City Schools were not overlooked when additional monies surfaced.
He stated that while he knows the legislators have an enormous task
in front of them, the City, in turn, also has an enormous task not
only to consider the annual needs of its school children, but to
serve as advocates for the children. He added that there are a
great many stresses on Roanoke City because it is a good place to
live, and called attention to an article which appeared in Parents
Magazine listing Roanoke as one of the ten best locations in the
country to raise children. He discussed the percentage of children
in the schools from disadvantaged homes, and called attention to
the President's America 2000 Plan for the future in which his first
goal is that all children will be ready for school by the age of
five, advising that if that particular goal is realized, he would
not be asking for more money, and if all children came into the
system at age five, ready to learn, the school system would be in
great shape. He stated that it saddened him to say that
approximately 65 per cent of Roanoke City School students come into
the system not ready to learn, but with problems that are sometimes
difficult to deal with. He advised that he defied anyone to find
a more efficient and a more effective school system than Roanoke
City which has the lowest state average in administrative costs.
He stated that if money is not going to be spent on education, it
373
11
should be spent on those things that offer a threat to children
such as the poverty rate, nutrition, school drop outs, housing,
etc. He added that very few places in the Roanoke Valley are
concerned with racial isolation other than the Roanoke City
Schools, and yet racial isolation is not a function of the Roanoke
City School system. He expressed concern when he hears that
surrounding localities are not constructing low income housing, and
encouraged the legislators to look at the issue of low income
housing for all communities so that each community will assume its
share of the costs involved in dealing with people who have poverty
problems. He stated that Roanoke City is a magnet for students
with special needs, advising that this year alone, 1 there are over
90 students enrolled from outside of the City, and by the end of
last year, there were over 180 students. He asked that the
legislators support the State Board of Education budget.
Delegate Thomas advised that 1992 will be a difficult year
because of the tightening of the economy, and some of the things
that the General Assembly was able to accomplish in January and
February 1991, it will not be able to do again in the coming year.
He stated that the no-loss enrollment concept started in the
Roanoke Valley with the assistance of Dr. Tota and Mr. Kelley as
well as others, that it is still taking place to a certain extent,
and the General Assembly will make every effort to continue
assistance. He added that it will be necessary to do some cutting
and restructuring in the Commonwealth, that money is not coming in,
and the number one priority is education. He advised that he
wished the school funding disparity case suit had not been filed
and he hoped that it would not be used against the City. He
expressed support for doing everything he could to raise funds for
the additional pod which is n6eded for the Roanoke City Jail, as
well as expansion of the City's Juvenile detention facility in
Botetourt County. He further expressed appreciation to the City
for working with the State, advising that everyone will have to
live within their means. He stated that he would do everything he
could on behalf of the Hotel Roanoke Project and expressed support
of the Blacksburg/Virginia Tech University Connection.
Delegate Woodrum advised that money will be extremely tight
during the upcoming year, and times will be more difficult than
last year because of the state of the local economy. He stated
that he would be pleased to introduce the City's Charter Bill, and
he had requested that the Hotel Roanoke Bill be prepared with a
condition which would authorize the Hotel Roanoke Commission to
retain funds from the receipt of sales tax on premises.
374
Senator-Elect Bell advised that he was pleased to be in
attendance at his first meeting with Council and the School Board.
He stated that all citizens are living in changing times in both
the global state and the national economy; that a great deal of
stress already exists without the present state of the economy, and
it is necessary to look at solutions to address the problems.
On behalf of the Members of Council and the School Board, the
Mayor presented Senator-Elect Bell and Delegates Thomas and Woodrum
with a Virginia Cup with the Roanoke City Seal attached thereto,
and expressed appreciation for their willingness to take time out
of their busy schedules to discuss matters of mutual interest and
There being no further business, the Mayor declared the
special meeting adjourned at 12:25 p.m.
APPROVED
ATTEST:
City Clerk
375
,!
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
December 2, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, December 2,
1991, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetinqs, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members James G. Harvey, II, Howard E.
Musser, William White, Sr., David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., and Mayor Noel C. Taylor ............ 7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling, Jr.,
City Attorney; Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
PUBLIC HEARINGS
REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY:
Pursuant to motion adopted by Council on Wednesday,
October 23, 1991, the City Clerk having adv~rtised a
public hearing for Monday, December 2, 1991, at 2:00
p.m., or as soon thereafter as the matter may be heard,
with regard to adoption of a measure authorizing articles
of amendment to the Roanoke County Resource Authority,
authorizing the Joinder of the City of Roanoke and the
Town of Vlnton to the Roanoke County Resource Authority,
and authorizing the creation of the Roanoke Valley
Resource Authority, the matter was before the body.
376
ACTION:
Legal advertisement of the public hearing was
published in the morning edition of the Roanoke Times &
World News on Monday, October 28, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
Mr. Bowers offered the following Resolution:
(#30805-120291) A RESOLUTION authorizing articles
of amendment to the Roanoke County Resource Authority,
authorizing the Joinder of the City of Roanoke and the
Town of Vinton to the Roanoke County Resource Authority~
and authorizing the creation of the Roanoke Valley
Resource Authority.
(For full text of Resolution, see Resolution Book No. 53,
page 241.)
Mr. Bowers moved the adoption of Resolution No.
30805-120291. The motion was seconded by Mr.
Fitzpatrick.
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter.
There being none, Ordinance No. 30805-120)91 was adopted
by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ..... 7.
NAYS: None -0.
HOUSING-GRANTS-~LANNING: Pursuant to motion adopted
by Council on Monday, November 11, 1991, the City Clerk
having advertised a public hearing for Monday,
December 2, 1991, at 2:00 p.m., or as soon thereafter as
the matter may be heard, with regard to consideration of
the proposed Comprehensive Housing Affordability Strategy
(CHAS) for submission to the U. S. Department of Housing
and Urban Development, the matter was before the body.
The CHAS describes local housing conditions and sets
quantitative goals for providing housing to low and
moderate income residents, including the homeless. The
five year CHAS will be in effect from October 1, 1991
through September 30, 1996. As a part of the submission
to the Department of Housing and Urban Development, the
City will include an annual strategy for the period of
October 1, 1991 through September 30, 1992.
377
Legal advertisement of the public hearing was
published in the morning edition of the Roanoke Times &
World News on Friday, November 22, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
The City Manager submitted a written report advising
that the Cranston-Gonzalez National Affordable Housing
Act of 1990 requires that entitlement localities, like
Roanoke, develop a Comprehensive Housing Affordability
Strategy (CHAS), by October 31, 1991, in order to receive
funding from several community development and housing
programs; that because this is the first year for this
new requirement, HUD is giving some flexibility with the
deadline; that the CHAS will be a five-year plan for
housing for low to moderate-income persons and special
needs populations in the City which includes (1) an
estimate of local housing assistance needs of low-
moderate income families, homeless persons and other
special needs population groups; (2) an assessment of
resources available for addressing identified needs; and
(3) local strategy and specific annual goals for meeting
identified needs; and Council was briefed on the
requirement by letter, dated April 1, 1991, and received
a formal briefing with regard to development of the CHAS
during the November 25, 1991 Council meeting.
It was explained that the City Planning Commission
was requested to serve as the coordinating body for
preparation of the CHAS, with its Community Development
Committee assuming direct responsibility, and staff
support to be provided by the Office of Grants
Compliance, City Planning Department and Housing
Development Office; that the Planning Commission voted to
recommend approval of the Comprehensive Housing
Affordability Strategy to Council at its regularly
scheduled meeting on November 6, 1991; that Council was
briefed at its November 25, 199i meeting and scheduled a
public hearing for December 2, 1991.
It was advised that the basic finding of the CHAS is
that there is an adequate supply of affordable housing
for the majority of City residents, with some exceptions
among segments of the population who require rent
subsidies; that the CHAS recommends improvement and
rehabilitation of existing substandard housing units,
rather than new construction; and specific priorities
recommended by the study are as follows:
378
ACTION:
coordination of public and private resources
for the provision of supportive services in
conjunction with housing assistance;
provision of new homeownership opportunities
and assistance to current homeowners for
maintenance;
improvement and maintenance of affordable
rental units;
elimination of public policies that limit
housing choice, perpetuate substandard
housing, or unnecessarily increase the cost of
housing;
provision of good quality shelter and support
services for special needs populations,
including the homeless, elderly and the
disabled; and
establish and maintain homeless prevention
programs.
The City Manager recommended that Council enact a
measure adopting the Comprehensive Housing Affordability
Strategy (CHAS) dated December 2, 1991.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
(#30806-120291) A RESOLUTION approving and adopting
a Comprehensive Housing Affordability Strategy, dated
December 2, 1991, for the City of Roanoke·
(For full text of Resolution, see Resolution Book No. 53,
page 246·)
The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons present who
would like to add~ess Council with regard to the
Comprehensive Housing Affordability Strategy, whereupon;
Mr. John A. Sabean, Director of Resources of Mental
Health Services of the Roanoke Valley, advised that
Mental Health Services is pleased to have been included
in the study process from its inception and their
comments were heard by City staff. He stated that the
basic premise that every Roanoke City citizen is entitled
379
il
to the opportunity to have decent, safe and sanitary
shelter, as stated in the Executive Summary, is one which
Mental Health Services fully supports. He further stated
that the report acknowledges the existence of 1,200 units
of condemned or condemnable housing and an additional 800
structures which are dangerous to human habitation in the
City, and Mental Health Services believes that the City
recognizes that these are not acceptable conditions. He
called attention to the Conclusion of Needs Assessment
section of the document in which the City notes that
there are certain segments of the population who may have
difficulty affording even low income housing without
public subsidies and the primary problem is that much of
the low cost housing is substandard. He stated that the
first strategy in the Executive Summary is to develop
coordination of resources to provide support of services
in conjunction with housing assistance, and Mental Health
Services would like to assist in the planning and
decisionmaking process in order to make this strategy a
reality.
Mr. Bowers advised that the City is required to
participate in the Comprehensive Housing Assistance
Strategy Program under Federal law because Roanoke is an
entitlement locality; that comments continue to be made
relative to the fact that Roanoke does more than its
share for social service needs of the disadvantaged and
elderly and, in so doing, the City becomes somewhat of a
magnet for persons to come to Roanoke because it is the
caretaker of the entire community. He stated that as he
reviewed the document, it occurred to him that the City
could be reinforcing the magnet idea; whereupon, he asked
that as an addition to the proposal, that the City
Manager be requested to meet with administrators of the
other governments of the Roanoke Valley in order to
develop a network of information regarding the need to
develop affordable housing, not Just in Roanoke City, but
throughout the entire Roanoke Valley region.
Mr. Bowers inquired if the Comprehensive Housing
Affordability Strategy and resolution could be expanded
to include the development of not Just a City strategy,
but a regional strategy, in order that all localities in
the Roanoke Valley could participate and be heard on the
development of affordable housing in Roanoke County, the
City of Salem, the Town of Vinton and other area
jurisdictions.
The City Attorney advised that the United States
Department of Housing and Urban Development has required
the City to submit a Comprehensive Housing Affordability
380
ACTION:
Strategy which must be approved by the local governing
body. He stated that there is no requirement under
Federal law of a regional comprehensive housing
affordabllity strategy, that it would seem to be a
separate issue which could be developed through
discussions and cooperation with neighboring
jurisdictions, however, it could not be enacted by one
locality and imposed upon other localities.
Resolution No. 30806-120291 was adopted by the
following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None-- -0.
Mr. Bowers moved that the City Manager be requested
to report to Council within 90 days as to meetings with
other Jurisdictions in the Roanoke Valley relative to
formulation of a regional plan for development of a
strategy for affordable housing. The motion was seconded
by Mr. Harvey and unanimously adopted
'CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss a matter regarding vacancies on various
authorities, boards, commissions and committees appointed
by Council; and a matter with regard to a special award,
being the Annual Citizen of the Year Award.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
381
ACTION:
ACTION:
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None 0.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss a special
award, being the Annual Citizen of the Year Award,
pursuant to Section 2.1-344 (A)(10), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss a special award, being the Annual Citizen of the
Year Award, pursuant to Section 2.1-344 (A)(10), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None 0.
TAXES: A communication from Mr. Raleigh Campbell,
Executive Director, Council of Community Services,
requesting that a public hearing to consider the request
of the Council of Community Services for real estate tax-
exempt status on property located at 502 Campbell Avenue,
S. W., be rescheduled from December 9 to December 16,
1991, which time extension would be helpful in providing
information requested by the City, was before Council.
Mr. Fitzpatrick moved that Council concur in the
request of the Council of the Community Services that the
public hearing be rescheduled from December 9 to
December 16, 1991, at 2:00 p.m., or as soon thereafter as
the matter may be heard. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None 0.
382
ACTION:
PENDING LIST: A list of items pending from July 10,
1978, through November 25, 1991, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the pending list be
received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... "
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
HOUSING: The City Manager presented a briefing on
the Diversified Housing Program.
It was explained that the guiding philosophies in
developing a program include:
(1) promote di%ersified housing effort;
(2)
provide a continuous, ongoing organizational
effort and strategy, not a one time plan; and
(3) make the City's programs and policies market
tested.
Mr. Herbert referred to use of a dual strategy in
order to cause reinvestment in existing housing and
infill in existing City neighborhoods which will be done
through a variety of methods including zoning, quality
schools, and continued capital investments in the City's
neighborhoods, etc.; and that the City try to facilitate
and make deals on larger, undeveloped, underutilized
383
II
ACTION:
tracts of land for new construction, and orientation
would be toward dealing with the single housing developer
as opposed to the single individual wanting to construct
a house "here or there".
During his presentation, the City Manager reviewed
the current housing market conditions, lending
environment, population growth, and attitudes of
surrounding Jurisdictions to change their perceived
imbalance of too much residential versus commercial. He
evaluated strengths and weaknesses, identified future
opportunities, reviewed successful central city housing
programs around the country and called attention to the
need to market the City as a place to buy or build a
home, to educate the general public on opportunities and
advantages and to create sufficient and proper
educational and promotional materials and campaigns. He
reviewed planning and development processes, as well as
organizations that might have some role in market rate
housing to see if they are sufficient and whether new
organizations are needed.
The City Manager called attention to a review of
potential impediments to development of housing, i.e.
current agricultural use, tax overlay; a review of
current City sponsored financial incentives to determine
if there needs to be more orientation towards home
ownership; preparation of a five year capital improvement
plan for housing development similar to what has been
done in economic development, and implementation of a
strategy to affect development of parcels of land.
The City Manager advised that he would submit a
progress report to Council within six months, or by
July 1, 1992; however, some of the items described in his
briefing would be brought to Council in incremental parts
during the six month period.
(see briefing outline on file in the City Clerk's
Office.)
Mr. Harvey moved that the briefing be received and
filed. The motion was seconded by Mr. Bowers and
unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
FIRE DEPARTMENT-EMERGENCY SERVICES-GRANTS: The City
Manager submitted a written report with regard to a
Roanoke City Fire Department Hazardous Materials Regional
Response Team Grant, advising that on June 10, 1991, a
384
ACTION:
report was submitted to Council recommending that the
City enter into an agreement with the Virginia Department
of Emergency Services in order for the City to provide,
along with the City of Salem, a Level III Regional
Response Team and Council concurred in the recommendation
and authorized the City Manager to enter into the
appropriate agreement.
It was further advised that on July 1, 1991, the
City Manager and the State Coordinator of Emergency
Services entered into the agreement which is effective
until June 30, 1992, unless terminated upon 30 days
notice by either party; that according to the executed
agreement, the City of Roanoke, as well as all localities
who participate in a ~egional response team, will receive
"pass-through funding" to assist with the purchase of
equipment to be used by the Regional Hazardous Materials
Response Team; and pass-through funding totaling
$16,000.00 has been received by the City and deposited in
Revenue Account No. 035-035-1234-7067.
It was explained that the City of Roanoke and the
City of Salem will coordinate purchase of equipment for
the Hazardous Materials Regional Response Team in order
to avoid duplication of expensive equipment and allow for
compatibility of equipment purchased.
The City Manager recommended that Council accept the
Hazardous Materials Regional Response Team Grant, in the
amount of $16,000.00, for the purpose of providing funds
for purchase of specialized equipment for the Hazardous
Materials Regional Response Team.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30807-120291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 247.) .
Mr. Fitzpatrick moved the adoption of Ordinan~e No.
30807-120291. The motion was seconded by Mr. Harvey and
adopted by the following vote:
385
ACTION=
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following Resolution:
(#30808-120291) A RESOLUTION authorizing the
acceptance of a grant made to the City of Roanoke by the
Virginia Department of Emergency Services for the
purchase of equipment for the Hazardous Materials
Regional Response Team and authorizing acceptance,
execution and filing of all appropriate documents to
obtain such grant.
(For full text of Resolution, see Resolution Book No. 53,
page 248.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30808-120291. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor--- 7.
NAYS: None 0.
CITY ATTORNEY:
BUSES-LEGISLATION: The City Attorney submitted a
written report with regard to a request of Council to
review the legality of a request that the City ban
cigarette advertising on Valley Metro buses, advising
that it is his understanding that the proposed ban would
apply to exterior as well as interior advertising.
Mr. Dibling responded that such a ban would be
subject to challenge on the basis that the City lacks
authority under the Dillon Rule; and, in addition, such
a ban may be subject to challenge as a violation of the
First Amendment to the United States Constitution. He
pointed out that in addition to being violative of the
Dillon Rule, the proposed ban would raise significant
Constitutional issues.
(For full text, see report on file in the City Clerk's
Office.)
386
ACTION:
ACTION:
ACTION:
Mr. William H. Tanger, who indicated that he
represented the American Heart Association, American Lung
Association, American Cancer Society, Sierra Club and the
City's Public Health Director, appeared before Council
and advised that inasmuch as the City Attorney has
rendered the opinion that the regulation of cigarette
advertising falls under the Dillon Rule, he would propose
that Council ask the City's delegation to the General
Assembly to request, on behalf of the City, authority to
regulate cigarette advertising on City buses through a
City Charter amendment which is a logical step when a
matter falls under the provisions of the Dillon Rule.
Mrs. Bowles moved that the matter be referred to the
Legislative Committee for study, report and
recommendation to Council. The motion was seconded by
Mr. Fitzpatrick.
The City Attorney advised that it would be difficult
to meet the necessary timetable in order to prepare a
City Charter amendment, adhere to appropriate legal
advertising provisions for a public hearing, and have a
bill introduced by the first day of the 1992 Session of
the General Assembl~, particularly given the fact that
Council will not meet on Monday, December 23 and Monday,
December 30.
Mr. Harvey offered a substitute motion that the
report of the City Attorney be received and filed. The
motion was seconded by Mr. Musser and adopted, Mr.
Bowers voting no.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
NATIONAL LEAGUE OF CITIES-COUNCIL: Mr. Bowers
offered the following Resolution designating Council
Member Elizabeth T. Bowles as Voting Delegate for the
1991 Annual Business Meeting of the National League of
Cities to be held on December 12 - 16, 1991, in Las
Vegas, Nevada:
387
ACTION:
ACTION:
(#30809-120291) A RESOLUTION designating a Voting
Delegate for the Annual Business Meeting of the National
League of Cities.
(For full text of Resolution, see Resolution Book 53,
page 249.)
Mr. Bowers moved the adoption of Resolution No.
30809-120291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Fitzpatrick and Mayor Taylor-- 6.
NAYS: None 0.
(Council Member Bowles abstained from voting.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL. None.
OTHER HEARINGS OF CITIZENS: None.
At 3:10 p.m., the Mayor declared the meeting in
recess.
At 4:25 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None 0.
388
There being no further business, the Mayor declared
the meeting adjourned at 4:27 p.m.
City Clerk
APPROVED
Mayor
389
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
December 9, 1991
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, December 9,
1991, at 7:30 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Howard E. Musser, William White,
Sr., David A. Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., James G. Harvey, II, and Mayor Noel C. Taylor ....... 7.
ABSENT: NONE-- 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling, Jr.,
City Attorney; Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend John
Rhone.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
PUBLIC HEARINGS
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday,
December 9, 1991, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Ziegler
Enterprises, Inc., to amend certain proffered conditions
to the rezoning of a tract of land located on Belle
Avenue, N. E., described as Lots 6 - 27, inclusive, Block
1, Map of Belle Terrace Townhouse Subdivision, previously
designated as Official Tax No. 3320105 and currently
designated as Official Tax Nos. 3320116 - 3320127,
inclusive, the matter was before the body.
390
ACTION:
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World News on Friday, November 22, 1991, and Friday,
November 29, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
Mr. George A. McLean, Jr., appeared before Council
in support of the request of his client.
A report of the City Planning Commission advising
that the abovedescribed property was rezoned from RD,
Duplex Residential District, to RG-1, General Residential
District, subject to certain proffered conditions,
pursuant to Ordinance No. 26486, adopted by Council on
May 23, 1983; and the purpose of the original request for
rezoning was to permit the development of 40 townhouse
units.
It was further advised that the current petition
seeks to amend the original rezoning approved on May 23,
1983, by removing the proffers to the balance of the
undeveloped portion of the property for townhouse
development so that the land area can be rezoned and
replatted for detached single family construction.
The Planning Commission recommended that Council
approve the request to delete the proffered conditions
from the subject property inasmuch as the subsequent
proposed rezoning to single family residential, with
proffered conditions to develop the land area into a
single family detached residential subdivision, would be
more in keeping with the overall character of the area
and certain Comprehensive Plan issues as set forth in the
report.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(#30810) AN ORDINANCE to amend Sections 36.1-3 and
36.1-4, Code of the City of Roanoke (1979), as amended,
and Sheet No. 332, Sectional 1976 Zone Map, City of
Roanoke, in order to amend certain conditions presently
391
tl
binding upon certain property previously conditionally
rezoned from RD, Duplex Residential District, to RG-1,
General Residential District.
(For full text of Ordinance, see Ordinance Book No. 53,
page 280.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for amendment. There being none, Ordinance No. 30810 was
adopted on its first reading by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday,
December 9, 1991, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Ziegler
Enterprises, Inc., that a tract of land lying on Belle
Avenue, N. E., described as Lots 6 - 27, inclusive, Block
1, Map of Belle Terrace Townhouse Subdivision, previously
designated as Official Tax No. 3320105 and currently
designated as Official Tax Nos. 3320116 - 3320127,
inclusive, be rezoned from RM-1, Residential Multi-
Family, Low Density District, to RS-3, Residential Single
Family District, subject to certain conditions proffered
by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World News on Friday, November 22, 1991, and Friday,
November 29, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
Mr. George A. McLean, Jr., appeared before Council
in support of the request of his client.
A report of the City Planning Commission advising
that the purpose of the request is to provide for a nine
lot single family detached residential subdivision, was
before Council.
392
ACTION:
The Planning Commission recommended that Council
approve the request for zoning, advising that the
proposed rezoning and single family subdivision would not
only enhance the area but would be in keeping with the
surrounding neighborhood, as well as certain
Comprehensive Plan issues as more fully set forth in the
report.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(#30811) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
332, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 281.)
The motion was seconded by Mrs. Bowles.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning. There being none, Ordinance No. 30811 was
adopted on its first reading by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday,
December 9, 1991, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Mr. Vincent A.
Board that a tract of land located at 2401 Clifton
Avenue, N. W., being Lot 5, Block 1, described as
Official Tax No. 2430434, be rezoned from RS-3,
Residential Single Family District, to RM-1, Residential
Multi-family, Low Density District, subject to certain
conditions proffered by the petitioner, the matter was
before the body.
393
tl
ACTION:
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World News on Friday, November 22, 1991, and Friday,
November 29, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to permit
the conversion of an existing single family residence to
a two-family dwelling, with said conversion purported to
make maximum utilization of the subject property and
encourage the rehabilitation of other neglected
properties in the neighborhood, was before Council.
The Planning Commission recommended approval of the
request for rezoning, advising that the proposed
conversion of the single family residence into a duplex,
by maintaining the exterior appearance of a single family
dwelling, would not alter the predominantly single family
residential character and use of the neighborhood.
(For full text, see report on file in the City Clerk's
Office.)
Inasmuch as the request was recommended for approval
by the City Planning Commission on a 3-2-1 vote (one
member abstaining and one member absent), Mr. White moved
that the matter be referred back to the City Planning
Commission for a more definitive recommendation. The
motion was seconded by Mr. Fitzpatrick and adopted.
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, December 9, 1991, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
the City of Roanoke that two specific portions of
Thlrlane Road, N. W., be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World News on Friday, November 22, 1991, and Friday,
November 29, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
394
ACTION:
A report of the City Planning Commission advising
that Thirlane Road, N. W., has been realigned and
improved in conjunction with previous agreements between
the City of Roanoke and the COVA Corporation (United
Parcel Service); that realignment resulted in elimination
of two sections of curving roadway; that right-of-way for
these two roadway sections has not been vacated; and
right-of-way sections were initially identified on a plat
of subdivision and designated for future closure and
vacation, was before Council.
It was further advised that the Roanoke Regional
Airport Commission owns all of the property surrounding
and abutting the sections of right-of-way requested for
closure; and the City of Roanoke has no current or future
need to retain these sections of public right-of-way;
whereupon, the Planning Commission recommended that
Council approve the request to close and permanently
vacate certain sections of Thirlane Road, N. W.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the following Ordinance be
placed upon its first reading:
(#30812) AN ORDINANCE permanently vacating,
discontinuing and closing certain public right-of-way in
the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 282.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for closure. There being none, Ordinance No. 30812 was
adopted on its first reading by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
395
ACTION:
ACTION=
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss personnel matters with regard to vacancies on
various authorities, boards, commissions and committees
appointed by Council; and a request of the City Manager
for an Executive Session to discuss disposition of
publicly held property, specifically the conveyance of a
parcel of land for economic development purposes.
MINUTES: Minutes of the regular meetings of Council
held on Monday, August 12, 1991; Monday, August 26, 1991;
Monday, September 9, 1991; the special meeting held on
Thursday, September 12, 1991; and the regular meeting
held on Monday, September 23, 1991, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None' '0.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
396
ACTION
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Taylor .........
Bowers,
NAYS: None- 0.
LEGISLATION: A communication from Council Member
David A. Bowers transmitting copy of an article from a
Virginia Municipal League Newsletter entitled, "Louisiana
Voters Limit Local Government Mandates", advising that he
would be in favor of the voters of the City of Roanoke
leading an initiative throughout the Commonwealth of
Virginia that would restrict the General Assembly from
imposing any mandate on local government unless, as was
done in Louisiana, one of the following has occurred, was
before Council·
the local government has agreed to abide with
the mandate, or,
the State has agreed to provide funds to pay
for the mandate, or,
the State' has given the local government
authority to raise revenues to cover the cost
of the mandate, or,
the legislature has voted to impose the
mandate by two-thirds majority of both Houses.
Mr. Bowers advised that for the last seven years he
has heard Council members complain about mandates that
are handed down from Richmond without any source of
revenues to finance them, and it is time for the voters
of the City of Roanoke to stand up and let their
legislators know that this continued practice of
"moneyless mandating" is no longer acceptable.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be received
and filed. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
397
ACTION:
ACTION=
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor- 7.
NAYS: None-- 0.
PENSION PLAN-FINANCIALREPORTS-DIRECTOR OF FINANCE:
A communication from the Director of Finance transmitting
the audited financial report for the City of Roanoke
Pension Plan for the year ended June 30, 1991, was before
Council.
(For full text, see financial report on file in the City
Clerk's Office.)
Mrs. Bowles moved that the financial report for the
Pension Plan be received and filed. The motion was
seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
HUMAN RESOURCES: A report of qualification of
Malcolm L. Taylor as a member of the Advisory Board of
Human Resources, for a term ending November 30, 1995, was
before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick.and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor--- 7.
NAYS: None 0.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of
qualification of Ronald H. Miller as a member of the
Roanoke Neighborhood Partnership Steering Committee, for
a term ending November 11, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
398
ACTION:
ACTION:
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor .... 7.
NAYS: None 0.
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss a matter with regard to
disposition of publicly held property, specifically the
conveyance of a parcel of land for economic development
purposes, pursuant to Section 2.1-344 (A)(3), Code of
Virginia (1950), as amended, was before the body.
(}'or full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss a matter with regard to disposition of publicly
held property, specifically the conveyance of a parcel of
land for economic development purposes, pursuant to
Section 2.1-344 (A)(3), Code of Virginia, (1950), as
amended. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor .... 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
STREETS AND ALLEYS-TRAFFIC: Mr. Gary M. Bowman,
Attorney, representing the Wright/Creston/Rosewood
Association, appeared before Council and advised that in
August, 1991, Council requested the City Planning
Commission to study the matter of traffic in the Wright
Road, Creston and Rosewood Avenues community, and even
though the six month study time limitation has not
expired, the petitioners have a concern which they would
like to bring to the attention of Council.
Mr. Bradley T. Sneed, Co-petitioner, 3535 Wright
Road, S. W., advised that the Wright/Creston/Rosewood
Association has worked with the City since October, 1988,
in an effort to resolve the traffic situation. He stated
399
that on November 25, 1991, he received a communication
from City Planning staff suggesting that a community
advisory committee meeting be held, during which meeting,
he discovered that members of the advisory committee were
selected at random by the Planning Department. He
further stated that it is felt that the advisory
committee does not reflect a true representation of the
sentiments of the neighborhood because one of the co-
petitioners and co-president of the neighborhood
association, Dennis R. Gatens, was not invited to
participate in the advisory committee meeting, therefore,
this action does not respond to Council's instructions in
August that residents be kept fully informed as progress
of the City's study proceeds.
Mr. Sneed referred to a meeting which was held
earlier in the evening in which the Advisory Committee
was given basically two alternatives by City Planning
staff to study; viz: "Alternative No. 1 - Close Creston
Avenue, S. W., on May 1, 1992, for a temporary period of
six months". He pointed out that if such action is not
taken until May 1992, the process will have taken over
four years, which is too long to study one specific
neighborhood. He pointed out that the closure point
indicated by City Planning staff on a map attached to a
document under date of December 10, 1991, is at the
intersection of Creston Avenue and Strother Road, S. W.,
advising that it is interesting to note that of the
approximately 3,000 cars per day traveling through the
neighborhood, Strother Road carries about ten per cent or
300 cars. He stated that "Alternative No. 2, as follows,
could be a workable solution: "Remove double solid lines
and replace with white lines at the outer edges of road
pavement, install additional stop signs at appropriate
intersections, and score or roughen pavement on the steep
section of Rosewood Avenue and Strother Road." He added
that removing the double solid lines and replacing them
white lines at the outer edges of road pavement are good
points, however, inasmuch as there are no sidewalks,
crosswalks would be of no use. He further added that
controlled entrances'at Spring Street, scoring pavement
on the steep section of Rosewood Avenue and Strother
Road, and installing new stop signs are all good points;
however, the one thing that has not been addressed, which
is one of the major concerns of residents, particularly
on Wright Road, is the excessive speed of traffic, and
none of the alternatives proposed by City staff addresses
speeding traffic. He stated that under the contingency
measures set forth by the City, temporary closure of
Creston Avenue at Rosewood Avenue would be done only if
the other measures do not work, a traffic choker at the
400
intersection of Rosewood and Sweetbriar Avenues if all
other actions do not work, and traffic chokers along
Wright Road at appropriate locations if traffic does not
slow down. He explained that stop signs and realigned
intersections may eliminate some of the traffic flow,
however, the greatest fear of residents at this time is
that while eliminating some of the traffic flow, nothing
is being done to control the speed of traffic. He stated
that residents have problems with what has been proposed
by the City even though it is felt that the City may be
on the right track, however, it appears that a majority
of residents are being ignored in their request inasmuch
as they are of the opinion that the streets should be
closed. He explained that it is felt that the proper
alternatives are not being explored by the Planning
Department.
Mr. Bowman advised that their primary reason for
appearing before Council pertained to the Citizens
Advisory Committee, the six person group previously
alluded to by Mr. Sneed, who were selected in an attempt
to arrive at representation of what the City Planning
staff perceived as the various factions in the
neighborhood. He stated that the City Planning staff has
requested the AdvisoryCommittee to take the alternatives
abovedescribed by Mr. Sneed into the neighborhood, door
to door, and endeavor to sell the neighborhood on the
alternatives. He further stated that as this group of
six people go through the neighborhood, residents will
react because they are angry about the alternatives
inasmuch as there is a perception that the alternatives
will not address the problem, and residents will become
angry at the messenger because of the message they carry,
therefore, rather than working toward compromise, which
will be necessary in order to ultimately reach a
solution, the City has, in fact, sent six persons into
the neighborhood and in effect sowed the seeds of strife.
Therefore, he noted that the area will end up with not
only a traffic problem, but an interpersonal relationship
because neighbors will be angry with each other. He
stated that the relief they seek from Council is that
City Planning staff be instructed to recommend an
alternative which they believe is the best supportable
alternative in order to address the matter of traffic and
the problem of speeding for presentation to the
neighborhoods at a public hearing in accordance with
normal procedures that comport with due process, rather
than having an ad hoc committee canvass the
neighborhoods.
401
Mr. Sneed expressed concern over how the problem
will be addressed before a viable solution is found,
advising that certain residents previously offered a
suggestion to City Planning staff which has not been
included as one of their alternatives; viz: temporarily
close the entire street system for a period of six months
which will serve to break the habit of people using the
neighborhood as a short-cut, and provide the City with an
opportunity to determine exactly where displaced traffic
will go, as well as installation of traffic monitors on
Overland Road to determine if closure will create a
tremendous problem on another City residential street.
He stated that temporary closure will give the City time
to design and implement the best possible solution for
the neighborhood, advising that he could not understand
why it should take another six months to a year to reach
the end result. He pointed out that in the past two
weeks, not counting the accidents that have gone
unreported to the Police Department, six accidents have
occurred. He requested that something be done at least
temporarily to provide relief while residents continue to
work with the City to arrive at the right solution which
will be fair to everyone involved.
Mr. John R. Marlles, Chief of Community Planning,
advised that from listening to representatives of the
neighborhood organization, there seems to be some
misunderstanding about the objectives of the staff
appointed advisory committee. He stated that the primary
objective of the advisory committee is to provide City
staff with input or feedback regarding various options
that are under consideration and not just the three
alternatives listed on the document referred to by Mr.
Sneed. Secondly, he stated that the advisory group has
been requested to go into the neighborhoods and discuss
with residents some of the options that are under
consideration and provide City staff with feedback as a
result of their dialogue. He added that the City is not
endorsing any one option or asking the advisory committee
to endorse any particular option. He advised that Mr.
Sneed, one of the co-petitioners, is a member of the
Advisory Committee, and members were selected to
represent a cross section of different viewpoints in the
community. He pointed out that at this point, it is
anticipated that there will be at least one additional
meeting with the Advisory Committee after which City
staff will hold a community-wide meeting at one of the
schools in the neighborhood before submitting a
recommendation to the City Planning Commission for formal
public hearing, followed by a recommendation to City
Council at a formal public hearing.
402
Mr. Harvey advised that he did not want Council to
be placed in the position of being traffic engineers,
however, he was of the opinion that Council should have
a report within a reasonable period of time with regard
to recommendations of City staff as to decreasing the
speed of vehicles and/or installation of stop signs. He
stated that citizens of the area want the traffic slowed
down and if there ts anything the City can do in the
interim, measures should be implemented. He requested
that Council be furnished with a report within two weeks
as to temporary measures proposed by the City
Administration to alleviate problem.
Mr. Bowers spoke in support of the City
Administration reporting back to Council with certain
interim measures proposed to be taken by the next regular
meeting on Monday, December 16, 1991.
Mr. Sneed advised that the City has proposed an
excellent method to slow down the speed of vehicles
through implementation of something that has never been
done before known as a "speed controlled option" which is
a raised piece of pavement approximately four inches
high, slanted approximately one car length long and one
car length wide so that vehicles coming tn opposite
directions will be $orced to slow down as they come
through, one vehicle at a time.
The Mayor advised that the type of discussion
presently taking place should be held with City
administrators and neighborhood representatives in order
to compile meaningful solutions and recommendations for
action by Council. He stated that the Council meeting ts
not the time that should be used to hammer out nuts and
bolts types of decisions; that he recognized that a
problem exists, however, Council could not solve the
problem this evening and a good starting point would be
to involve leaders of the community with City Planning
staff to determine if there can be a kind of agreement on
a procedure tn order to deal with the problem. He stated
that Council wishes to be fair with everyone involved and
arrive at a kind of compromise and a solution that would
be somewhat tolerable and acceptable, while at the same
time addressing the problem. The Mayor suggested that
Mr. Bowman and community leaders meet with City Planning
staff to address all concerns, and requested that the
City Manager receive all comments and suggestions, that
the City Clerk provide the City Manager with a summary of
remarks made by Messrs. Bowman and Sneed and that the
City Manager take the responsibility of working with the
Planning Department to see if the matter can be addressed
403
ACTION:
in a more forthright manner by involving leadership of
the community in order to reach a meaningful solution
that will bring about a sense of togetherness, as well as
an alternative that will be pleasing to a majority of the
community while at the same time solidifying the
community.
Mr. Bowers inquired if it was the intent of the
Mayor that an interim report would be submitted by the
City Manager at the next regular meeting of Council on
Monday, December 16, 1991, inasmuch as Council would not
meet again until January 6, 1992; whereupon, the Mayor
advised that it was his thinking that a week would not
give the City Manager sufficient time to address the
concerns.
Mr. Bowers moved that the City Manager be requested
to report to Council at the next regular meeting on
Monday, December 16, 1991, with regard to the
installation of stop signs and recommended measures to
reduce the rate of speed of vehicles on an interim basis
while the study of various alternatives by the City
Planning Department continues.
The Mayor called for a second to Mr. Bowers motion.
There being none, the Mayor declared the motion lost
for lack of a second, and advised that the matter would
be referred to the City Manager for report to Council as
soon as possible.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of funds to
the following school accounts, was before Council.
Grant No. 6592 -
$64,048.00 for the 1991-92 Flow
Through Program to provide aid
for the education and guidance
of handicapped students. The
program will be 100 per cent
reimbursedbystate and federal
funds.
404
Grant No. 6593 -
$3,050.00 for the Child
Development Clinic Program to
provide funds for the salary
and expenses of the educational
coordinator at the clinic. The
program will be 100 per cent
reimbursed by state funds.
Grant No. 6594 -
$3,250.00 for the Child
Specialty Services Program to
provide funds for the salary
and expenses of the educational
coordinator. The program will
be 100 per cent reimbursed by
state funds.
Grant No. 6595 -
$5,996.00 for the Juvenile
Detention Home Program to
provide funds for the salary
and expenses of the two
educational coordinators at the
detention home. The program
will be 100 per cent reimbursed
by state funds.
Grant No. 6984 -
$7,600.00 for the 1992 Western
Virginia Regional Science Fair.
School districts will
contribute toward the cost of
the fair, with a local match to
Roanoke City Schools.
Grant No. 6985 -
$48,789.00 for the Impact Aid
Program to provide funds for
personnel cost of the volunteer
program and clerical assistance
for the Grants Development
Office. The program, will be
100 per cent reimbursed by
federal funds.
A report of the Director of Finance recommending
that Council concur in the request of the School Board,
was also before the body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
405
ACTION:
(#30813-120991) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant and General Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 250.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30813-120991. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Taylor .......
Bowers,
NAYS: None 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
REFUSE COLLECTION: The Director of Public Works
presented an oral briefing with regard to the proposed
refuse collection schedule for the week of Christmas,
1991. He advised that with the creation of additional
holidays in observance of Christmas, the City will be
forced to make certain adjustments in its refuse
collection schedule. He stated that with Wednesday,
Thursday and Friday having been given as City holidays,
the entire City cannot be covered in the two remaining
days by refuse workers, therefore, on December 23 workers
will cover Monday and Tuesday routes, with Wednesday
routes to be covered on Tuesday, December 24, with the
exception of two routes; that Wednesday, December 25, and
Thursday, December 26, will be observed as holidays for
City employees, and refuse collection workers will cover
the remaining Thursday and Friday routes on Friday,
December 27. On that particular week, he explained that
citizens have been requested to either place their refuse
at the alley or at the street side inasmuch as no
backdoor pickup will be provided.
ITEMS RECOMMENDED FOR ACTION:
CITY PROPERTY-RIVER PARKWAY/REGIONAL ZOO/EXPLORE
PARK-REFUSE COLLECTION: The City Manager submitted a
written report with regard to the City's intent to donate
its real estate interest in the current regional landfill
property to the United States Government for the Roanoke
River Parkway, advising that a commitment to donate real
406
estate interest for the Roanoke River (Explore) Parkway
as it is propossd to cross the current regional landfill
has been sought for some time by Federal officials from
the three Jurisdictions holding title to the landfill
property; and granted commitments, in the form of
resolutions, have been provided by Roanoke County and the
Town of Vinton.
It was further advised that an agreement to use the
Smith Gap Landfill and other accompanying documents were
approved by Council and executed on October 23, 1991;
that the desire for a commitment from the City is still
being expressed by Federal officials; that the proposed
right-of-way is generally along the top or west of the
ridge running through the middle of the property; and the
right-of-way would pass through what is known as "Area
A", the unused and currently unpermitted portion of the
landfill property.
The City Manager recommended that Council adopt a
measure encompassing the following provisions:
Roanoke City Council desires the Roanoke
Valley Regional Solid Waste Management Board
to explore alternatives to seek an equal or
preferred financial alternative in lieu of the
utilization of "Area A" should the current
operational area not have sufficient life to
last until the new Smith Gap site is
operational.
Roanoke City Council express its willingness
and intent to donate its interest in such
areas of the current regional landfill
property as are needed for the right-of-way of
the Roanoke River (Explore) Parkway, once the
current landfill is no longer in active
service and properly closed and the Smith Gap
site is operational, providing the proposed
right-of-way does not encroach on any area
previously used to dispose of solid waste or
present environmental problems.
Any quitclaim deed of transfer of property
interest for the right-of-way contain such
language as is deemed appropriate by the City
Attorney tp indemnify the City from any claim
resulting from the donation of the right-of-
way.
407
.!
ACTION:
The following was also pointed out:
1. Use of "Area A" will be avoided if a better
option is found; however, avoidance of "Area
A" cannot be guaranteed at this time.
2. Disturbance of areas previously used for solid
waste disposal will be precluded.
3. Indemnification will be provided as
appropriate.
4. Conflicts with landfill traffic and structures
should not occur if the donation occurs after
the landfill is closed.
5. Indication of support for the Parkway and
Explore Project will be provided.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick. offered the following Resolution:
(#30814-120991) A RESOLUTION expressing the City's
intent to donate its real estate interest in current
regional landfill property to the United States
Government for the proposed Roanoke River Parkway, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 252.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30814-120991. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None O.
REPORTS OF COMMITTEES:
BUDGET-ARMORY/STADIUM: Council Member William
White, Sr., Chairperson of a committee appointed by the
Mayor to tabulate bids received for asbestos abatement of
floor tile and mastic at the National Guard Armory, 32
Reserve Avenue, S. W., presented a written report on
behalf of the committee, recommending that Council award
a contract to Western State Insulation Company, a
408
ACTION~
division of National Service Industries, Inc., in the
amount of $16,705.00, and ten consecutive calendar days
for completion of the project; that Council appropriate
$17,550.00 to Building Maintenance, Account No. 001-052-
4330-3056, Outside Contractors, with a corresponding
increase to the revenue estimate for Damage to City
Property, Account No. 001-020-1234-0865, which provides
funding for the contract amount of $16,705.00, plus a
project contingency of $845.00; and reject all other bids
received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30815-120991) AN ORDINANCE to amend and reordaln
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 254.)
Mr. White moved the adoption of Ordinance No. 30815-
120991. The motio~ was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor- 7.
NAYS: None- 0.
Mr. White offered the following Ordinance:
(#30816-120991) AN ORDINANCE accepting the bid of
Western State Insulation Company, a division of National
Service Industries, Inc., for removal and proper disposal
of the floor tiles and mastic at the National Guard
Armory, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City
officials to execute the requisite contract for such
work; rejecting all other bids made to the City for the
work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 255.)
409
ACTION:
ACTION:
Mr. White moved the adoption of emergency Ordinance
No. 30816-120991. The motion was seconded by Mr. Harvey
and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
BUDGET-ARMORY/STADIUM: Council Member William
White, Sr., Chairperson of a committee appointed by the
Mayor to tabulate bids received for floor tile
replacement in the assembly hall and kitchen at the
National Guard Armory, 32 Reserve Avenue, S. W.,
presented a written report on behalf of the committee,
recommending award of a contract to HF Interiors, Inc.,
in the amount of $9,458.00, and 60 consecutive calendar
days for completion of the project; that Council
appropriate $6,850.00 to Building Maintenance, Account
No. 001-052-4330-3056, Outside Contractors, with a
corresponding increase in the revenue estimate for Damage
to City Property, Account No. 001-020-1234-0865; that an
additional $3,100.00 is available in Account No. 001-052-
4330-3056 which provides total funding of $9,950.00 for
the contract amount of $9,458.00, plus a contingency of
$492.00; and reject the other bid received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30817-120991) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 256.)
Mr. White moved the adoption of Ordinance No. 30817-
120991. The motion was seconded by Mr. Musser and
adopted by the following vote:
410
ACTION:
AYES: Council Members Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Taylor--.
Bowers,
7.
NAYS: None -0.
Mr. White offered the following emergency Ordinance:
(#30818-120991) AN ORDINANCE accepting the bid of
HF Interiors, Inc., of Roanoke, Virginia, for replacement
of the tile floor in the assembly hall and kitchen of the
National Guard Armory, upon certain terms and conditions,
and awarding a contract therefor; authorizing the proper
City officials to execute the requisite contract for such
work; rejecting all other bids made to the City for the
work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 257.)
Mr. White moved the adoption of Ordinance No. 30818-
120991. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
SEWERS AND STORM DRAINS: Council Member william
White, Sr., Chairperson of a committee appointed by the
Mayor to tabulate bids received for construction of the
Luck Avenue by-pass storm drain, presented a written
report on behalf of the committee, recommending that all
bids be rejected and that the project be readvertised.
It was explained that Counts and Dobyns, Inc., the
low bidder, has given the City notice of its claim to
withdraw its bid due to mathematical errors; that the
second bid, submitted by Branch Highways, in the amount
of $2,014,270.00, is 33 per cent higher than the
engineer's estimate; that the City Administration is
reviewing the overall project concept and the need to
provide an outlet for stormwater runoff from the Franklin
Road widening project; and City staff will readvertise a.
revised project at a later date.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
411
ACTION:
ACTION=
Mr. White offered the following Resolution:
(#30819-120991) A RESOLUTION rejecting all bids for
construction of the Luck Avenue By-Pass Storm Drain.
(For full text of Resolution, see Resolution Book No. 53,
page 258.)
Mr. White moved the adoption of Resolution No.
30819-120991. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Councit Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ............ 7.
NAYS: None
AUDIT COMMITTEE: Council Member David A. Bowers,
Chairperson of the Audit Committee, presented minutes of
the Audit Committee meeting which was held on Monday,
December 2, 1991.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. Bowers moved that the minutes be received and
filed. The motion was seconded by Mrs. Bowles and
adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
COUNCIL: Council Member Fitzpatrick offered the
following Resolution fixing the date of a Special Meeting
of the Council of the City of Roanoke to be held on
Tuesday, December 10, 1991, at 11:30 a.m., for the
purpose of receiving bids for the purchase of
$68,720,000.00 aggregate principal amount of general
obligation bonds of the City, consisting of
$15,250,000.00 principal amount of General Obligation
Public Improvemen~ Bonds, Series 1992A, and
$53,470,000.00 principal amount of General Obligation
Public Improvement and Refunding Bonds, Series 1992B; and
for the purpose of considering a resolution accepting a
bid for such bonds, approving an Official Statement
relating to such bonds, authorizing the execution of a
certificate relating to such Official Statement and
ratifying certain acts:
412
ACTION:
ACTION:
(#30820-120991) A RESOLUTION fixing the date of a
Special Meeting of the Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book 53,
page 259.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30820-120991. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/O~ COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL.
OTHER HEARINGS OF CITIZENS:
TAXES-LEGISLATION-POLICE DEPARTMENT-COMPLAINTS: Mr.
R. T. Heard, 1306 Salem Avenue, S. W., appeared before
Council and called attention to nightly gunfire in his
section of the City; the need for foot patrol by police
officers of the area in order to apprehend drug dealers
during peak drug traffic hours; the need for an increase
in taxes to provide funds in order to hire more police
officers; and expressed support of the City actively
lobbying for the General Assembly to enact legislation
banning handguns.
At 8:55 p.m., the Mayor declared the meeting in
recess.
At 10:10 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers 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 F£eedom of
Information Act; and (2) only such public business
matters as ~ere identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
413
ACTION:
ACTION:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor called
attention to two vacancies on the Roanoke Neighborhood
Partnership Steering Committee created by the
resignations of Dorothea P. Denison and Frank T. Palko,
and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the name of Judy A.
Bower.
Mr. Bowers placed in nomination the name of
Richard S. Winstead.
There being no further nominations, Ms. Bower and
Mr. Winstead were elected as members of the Roanoke
Neighborhood Partnership Steering Committee, for terms
ending November 11, 1992, by the following vote:
FOR MS. BOWER AND MR. WINSTEAD: Council Members
Musser, White, Bowers, Bowles, Fitzpatrick, Harvey and
Mayor Taylor ....................... 7.
COUNCIL-ELECTIONS: The Mayor advised that the
Members of Council had agreed to appoint the following
persons to serve as members of a Citizens Task Force to
Study Alternative Election Procedures for City Council,
and each Member of Council had recommended two persons to
serve on the Task Force:
Wendell H. Butler
David A. Camper
Robert R. Firebaugh
Jan D. Garrett
Steven D. Goodwln
Charles W. Hancock
C. Nelson Harris
Stephen J. Jones
Thomas H. Rothe
A. Byron Smith
Thomas W. Throckmorton, Sr.
Michael F. Urbanski
Connie Wade
Onzlee Ware
Mr. Musser moved that the nominations be closed.
The motion was seconded by Mr. Harvey and unanimously
adopted.
414
The abovenamed individuals were appointed as members
of the Citizens Task Force to Study Alternative Election
Procedures for City Council, by the following vote:
ACTION:
FOR DR. BUTLER, MR. CAMPER, MR. FIREBAUGH, MS.
GARRETT, MR. GOODWIN, MR. HANCOCK, MR. HARRIS, MR. JONES,
MR. ROTHE, MR. SMITH, MR. THROCKMORTON, MR. URBANSKI, MS.
WADE, AND MR. WARE: Council Members Musser, White,
Bowers, Bowles, Fitzpatrick, Harvey and Mayor Taylor---7.
The Mayor further advised that the Members of
Council would address the matter of appointment of a
Chairperson and a Vice Chairperson at the next regular
meeting of Council on Monday, December 16, 1991, at
2:00 p.m., or as soon thereafter as the matter may be
heard.
There being no further business, the Mayor declared
the meeting adjourned at 10:20 p.m.
ATTEST
Citify Clerk
APPROVED
Mayor
415
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
December 16, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, December 16,
1991, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetinqst of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members William White, Sr., David A. Bowers,
Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Howard E. Musser
and Mayor Noel C. Taylor ............. 6.
ABSENT: Council Member Elizabeth T. Bowles---
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; Wllburn C. Dtbling, Jr.,
City Attorney; Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Samuel D.
Robinson.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
BID OPENINGS
HOUSING-CITY PROPERTY:: Pursuant to notice of
advertisement for bids for demolition of a structure and
removal of asbestos containing material at 416 Gainsboro
Road, N. W., said bids to be received by the City Clerk
until 1:30 p.m., on Monday, December 16, 1991, and to be
held, opened and read before the Council at 2:00 p.m., on
that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about
the advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Alan L. Amos, Inc.
HICO, Inc.
$37,620.00
89,979.00
ACTION:
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark, and George C. Snead, Jr.,
as members of the committee.
PUBLIC HEARING
TAXES: Council having authorized the City Clerk to
advertise a public hearing for Monday, December 16, 1991,
at 2:00 p.m., or as soon thereafter as the matter may be
heard, on the request of the Roanoke Valley Council of
Community Services, Inc., for real estate tax exempt
status on property located at 502 Campbell Avenue, S. W.,
the matter was before the body.
Legal advertisement of the public hearing was
published in the morning edition of the Roanoke Times &
World News on Friday, December 6, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
Council at its meeting on Monday, November 11, 1991,
having requested that the City Manager develop a proposed
policy statement for handling future requests for real
estate tax exempt status which would encompass the
following four topics, the City Manager presented a draft
report and policy for Council's consideration.
How many 501(C)(3) organizations within the
City limits own real estate which is exempt?
Of those 501(C)(3) organizations that are tax
exempt and receive funds from the City, does
the City subtract the value of the tax-exempt
status fro~ the funds that are contributed to
such organizations so that the organizations
will be comparable with organizations that do
not enjoy tax exempt status?
Does the City have a mechanism or
clearinghouse for identifying space needs of
tax exempt organizations?
What will be the value of tax exempt status,
if granted, to the Council of Community
Services?
417
The City Manager recommended that Council proceed
with the public hearing, but postpone action on the
request of the Council of Community Services until
Monday, January 6, 1992, which will give adequate time to
review information submitted by the Council of Community
Services as well as the proposed new policy, advising
that the policy would be considered ahead of the Council
of Community Services request making it the first such
entity to comply.
(For full text, see report and proposed policy on file in
the City Clerk's Office.)
The Mayor inquired if there were persons in
attendance who would'like to address Council with regard
to the request of the Council of Community Services;
whereupon, Mr. Briggs W. Andrews, representing the
Council of Community Services, requested that Council
adopt a measure recommending to the General Assembly that
the building located at the corner of Campbell Avenue and
Fifth Street, S. W., be granted tax-exempt status. He
stated that the Council of Community Services has enjoyed
a good working relationship with the City of Roanoke in
the past and it will continue to enjoy that relationship
no matter what action Council takes on its request; and
the Council of Community Services is of the opinion that
it should remain in the City of Roanoke when the lease on
its current facility expires and for that reason, it was
successful in renovating the facility presently under
consideration for tax-exempt status.
Mr. White requested additional information in
connection with the policy of surrounding jurisdictions,
principally Roanoke County and the City of Salem, with
regard to similar requests.
Mr. Andrews advised that the Council of Community
Services would prefer to be the last organization
considered under the old policy rather than the first
organization to be considered under the proposed new
policy. He stated that the Council of Community Services
proffered in its petition a five per cent service fee
which is in line with similar requests of other
organizations. He e~plained that if Council's decision
is deferred until January 6, 1992, it would give the
Council of Community Services only one day to get the
Bill to the General Assembly; therefore, he requested
that Council take action on the matter at this time.
ACTION:
The City Attorney advised that the Council of
Community Services can obtain a sponsor for the Bill and
introduce the Bill this week, with the only requirement
being that the Bill must be filed on or before the first
day of the 1992 Session of the General Assembly. He
stated that the Code of Virginia prohibits a committee
from considering a Bill until Council has acted on the
matter, therefore, Council's action on Monday, January 6,
1992, would not impede or slow the progress of the
Council of Community Services in any way.
The Mayor inquired if there were other persons who
wished to be heard on the request. There being none, Mr.
Harvey moved that action on the matter be deferred until
the regular meeting of Council on Monday, January 6,
1992, at 2:00 p.m., or as soon thereafter as the matter
may be heard. The motion was seconded by Mr. Musser and
adopted.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council and a
matter with regard to the use of real property for public
purpose, specifically potential additional users of the
Smith Gap Landfill in Roanoke County and the Transfer
Station in Roanoke City.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
419
ACTION:
ACTION:
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ..... 6.
NAYS: None
0
(Council Member Bowles was absent.)
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss a matter with regard to the
use of real property for public purpose, specifically
potential additional users of the Smith Gap Landfill in
Roanoke County and the Transfer Station in Roanoke City,
pursuant to Section 2.1-344 (A)(3), Code of Virginia
(1950), as amended, was before the body.
(For full text, see ~eport on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss a matter with regard to the use of
real property for public purpose, specifically potential
additional users of the Smith Gap Landfill in Roanoke
County and the Transfer Station in Roanoke City, pursuant
to Section 2.1-344 (A)(3), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor--- 6.
NAYS: None O.
(Council Member Bowles was absent.)
LEGISLATION-SCHOOLS: A communication from Council
Member David A. Bowers requesting that the Roanoke City
School Board appoint a representative to City Council's
Legislative Committee, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
420
ACTION:
Mr. Fitzpatrick' moved that Council concur in the
request. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ......... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
STATE OF THE CITY REPORTS-HUMANRESOURCES-LIBRARIES:
A report of the City Manager with regard to the status of
Recommendation No. 1 of the Mayor's 1991 State of the
City Address in which he called for the City to "make an
all-out effort and call upon its citizens from throughout
the community to volunteer with programs to help teach
someone to read;" was before Council.
It was explained that local literacy professionals
estimate that 12 to 18 per cent of the population in the
Roanoke Valley is functionally illiterate; that Literacy
Volunteers of America - Roanoke Valley, a non-profit
agency was established in 1988 to coordinate literacy
efforts in Roanoke; that Literacy Volunteers of America
utilize resources of trained volunteers to provide one-
on-one reading instruction to adults who want to improve
their reading abilities; and the Roanoke City Public
Libraries work cooperatively with Literacy Volunteers of
America, Roanoke Valley Chapter, to promote its mission
in the community through:
me
the utilization of public library facilities
for tutor training and one-on-one instruction;
referral of interested citizens for tutorial
assistance or volunteer information, and;
collection of special materials for new adult
readers.
It was pointed out that in addition to initiatives
of Literacy Volunteers of America, Roanoke Valley
Chapter, the City Library established the "City Employee
Literacy Program" to provide City employees with the
opportunity to enhance their reading skills and to
provide incentives for other employees to serve as
tutors; and 34 City employees were trained as tutors and
19 City employees received or are receiving tutorial
assistance.
421
ACTION:
It was advised that Literacy Volunteers of America,
Roanoke Valley Chapter, in cooperation with Roanoke City
Libraries, is successively coordinating and facilitating
community involvement to help people improve their
reading skills; that; in addition to meeting its primary
objective of improving City employees reading skills, the
City Employee Literacy Program can serve as a model for
businesses and agencies throughout the community; that it
is recommended that Council and City administrators
emphasize and encourage full utilization of this program
by employees; that while much has been accomplished both
locally and nationally, the challenge remains; and
individuals, groups, business and local governments must
work hard to promote the initiatives of Literacy
Volunteers of America, Roanoke Valley Chapter, and the
City Library to insure that every City resident can read
to the highest degree of their ability.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ............. 6.
NAYS: None 0.
(Council Member Bowles was absent.)
STATE OF THE CITY REPORTS-HUMANRESOURCES: A report
of the City Manager with regard to the status of
Recommendation No. 2 of the Mayor's State of the City
Address in which he called for the City to "continue to
emphasize the establishment of Jobs for our citizens, and
Just as importantly, to assure that education and
training programs are in place that will prepare all of
our citizens for meaningful work within their
capabilities;" was before Council.
It was advised that within the last ten years,
Federal funds allocated to the City for employment and
training have decreased from $15 million in 1980 to $1
million in 1991; that location of new businesses and
industries in Roanoke is encouraged, thereby creating
Jobs and opportunities for citizen participation in the
economic mainstream; that while Federal and State public
resources have been reduced, there are valuable public
and private sources working together in Roanoke City to
422
ACTION:
provide quality education and vocational skill
development; and educational institutions such as the
Roanoke City Public Schools, Virginia Western Community
College, ECPI, National Business College and Virginia
College prepare residents for the challenges and demands
of the marketplace by offering secondary and post
secondary curriculum to meet Individual vocational goals
and business needs.
It was explained that the Fifth District Employment
and Training Consortium (FDETC), under the direction of
the Office of the Director of Human Resources, will serve
an estimated 574 City residents to help develop their
skills, thus increasing their employability; that the
Consortium staff estimates that 60 per cent (excluding
those participating in the Summer Youth Program) will
acquire meaningful, appropriate employment; and the
Consortium also designs strategies to meet the needs of
business and industry, and its activities are developed
and coordinated with local schools and agencies such as
Total Action Against Poverty, Schenaman & Spencer,
College of Health Sciences, Dominion Business School and
Virginia Hair Academy.
The City Manager pointed out that the community
needs to maintain and enhance a comprehensive system of
secondary education, adult education, re-training and
vocational services; that the City must seize and utilize
available resources including both private and public;
that healthy interaction of the public and private
sectors fosters a responsiveness to needs necessary for
success; and educational, business, and vocational
providers must continue to identify available resources
in order to deliver quality programs to Roanoke's
citizens.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ......... 6.
NAYS: None
(Council Member Bowles was absent.)
e
423
ACTION=
ACTION=
COMPLAINTS-STATE HIGHWAYS: A communication from Ms.
Kay J. Kaplan, 4862 Old Mountain Road, N. E.,
transmitting petitions signed by residents of the Read
Mountain, N. E. area, expressing opposition to
constructionbythe Virginia Department of Transportation
of the Circumferential Roadway, State Project No. 080-
101, PE-100, was before Council·
It was explained that residents oppose the
Circumferential Roadway for many reason, including the
following:
Because of an undetermined start date, the
project will place their property in an
undesirable status, they will be unable to
sell their property, and property values will
be decreased.
Residential areas will become a highly
travelled truck route, with added pollution,
noise and environmental hazards.
The Read Mountain side will be cleared to make
way for a four-lane highway, complete with a
retaining wall.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the communication be
received and filed. The motion was seconded by Mr.
Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ........... 6.
NAYS: None O.
(Council Member Bowles was absent.)
ARCHITECTURAL REVIEW BOARD: A report of
qualification of Robert B. Manetta as a member of the
Architectural Review.Board, for a term ending October 1,
1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mr. Bowers and adopted by the following vote:
424
ACTION
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of
qualification of Charles W. Hancock as a member of the
Roanoke Neighborhood Partnership Steering Committee, for
a term ending November 11, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ......... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
HOUSING-GRANTS-PLANNING: The City Manager submitted
a written report advising that the 1991-92 Community
Development Block Grant (CDBG) Statement of Objectives
contains no funding for two programs which have been
offered in past years, specifically, the Private
Rehabilitation Loan Program and the Vacant Lot
Homesteading Program.
425
ACTION:
It was explained that the programs were not approved
for funding within the initial fiscal year 1991-92
Community Development Block Grant budget due, in part, to
slow demand for the programs and other higher priority
needs for available CDBG funds and developments over the
last six months suggest that consideration be given to
reactivating the two programs due to a renewed interest
which indicates a likely demand for the benefits of the
programs, additional program income of CDBG funds
currently undesignated which has been received and is
available to fund reactivation of the programs, with a
small reallocation of funds from existing on-going
programs, and significant additional housing funds
($756,000.00) are expected to be received from the new
t{OME Program in the spring/summer of 1992.
The City Manager recommended that a public hearing
be held on Monday, January 13, 1992, at 7:30 p.m., or as
soon thereafter as the matter may be heard, to consider
an amendment to the 1991-92 Community Development Block
Grant Statement of Objectives, and to reactivate and
designate existing Community Development Block Grant
funds for the Private Rehabilitation Loan Program and the
Vacant Lot Homesteading Program.
(For full text, see report on file In the City Clerk's
Office.)
Mr. Harvey moved that Council concur in the
recommendation of the City Manager and that a public
hearing be held on Monday, January 13, 1992, at 7:30 p.m.
The motion was seconded by Mr. Fitzpatrick and adopted.
BUDGET-HUMANRESOURCES: The City Manager submitted
a written report advising that the Child Care and
Development Block Grant provides for subsidized child
care to eligible low-Income parents who are working or
participating in other training activities; that Roanoke
City's Day Care Plan also makes it possible for residents
of domestic violence shelters and programs to be provided
with child care services; that the State Department of
Social Services has, since adoption of the fiscal year
1991-92 budget, allocated $101,317.00 in additional funds
for purchase of child care services; and the local
Department of Social Services is reimbursed at 100 per
cent of cost of funds allotted.
426
ACTION:
The City Manager recommended appropriation of
additional funds, in the amount of $101,317.00, allocated
by the State Department of Social Services, for the
purchase of child care services for eligible low-income
citizens.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency
budget Ordinance:
(#30822-121691) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 286.)
Mr. White moved the adoption of Ordinance No. 30822-
121691. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ............ 6.
NAYS: None' 0.
(Council Member Bowles was absent.)
SALVATION ARMY: The City Manager submitted a
written report advising that the Salvation Army applied,
through the Citizens Services Committee, for City funds
of $16,500.00 to operate a program for the homeless and
$21,000.00 to operate a shelter for battered women; that
the City Attorney, pursuant to a written opinion dated
April 23, 1986, stated that the City may contract with
The Salvation Army, a church, or sectarian institution,
as long as the contract is for the care of indigent sick
or injured persons, and payment of City funds under any
contract does not exceed the fair market value of
services rendered; that the Citizens Services Committee
recommended an appropriation of $22,600.00 to be used for
either program; and The Salvation Army has requested that
the $22,600.00 be divided between the two programs as
follows: $12,600.00 for the Abused Women's Program and
$10,000.00 for the Homeless Program.
427
ACTION:
The City Manager recommended execution of two
contracts with The Salvation Army for payment of services
delivered by the organization's Abused Women's Program
and Homeless Program.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following Resolution:
(#30823-121691) A RESOLUTION authorizing the City
Manager to enter into two contracts with The Salvation
Army for payment of services delivered by the
organization's Abused Women's Program and Homeless
Program to citizens of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 53,
page 287.)
Mr. Musser moved the adoption of Resolution No.
30823-121691. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ................ 6.
NAYS: None 0.
(Council Member Bowles was absent.)
AIRPORT-INDUSTRIES-STREETS AND ALLEYS-STATE
HIGHWAYS: The City Manager submitted a written report
with regard to Change Order No. 1 in connection with the
Towne Square, Airport Road Improvements, advising that
improvements to Airport Road and Towne Square Boulevard,
N. W., were originally required as a part of the Towne
Square Joint Venture Subdivision; that the subdivider,
Towne Square Joint Venture, failed to install the sublect
improvements and appropriate action was taken by the ~ity
to draw upon the Letter of Credit in the amount of
$150,000.00; and a construction contract for Towne
Square, Airport Road Improvements, was approved by
Council on August 26, 1991, in the amount of $95,468.91
with H & S Construction Company, with a $14,531.09 (15%)
contingency.
428
ACTION=
ACTION:
It was further advised that final billing indicates
approximately a ten per cent overrun due to additional
sidewalk, an additional concrete entrance needed, an
additional drop inlet to correct a drainage problem at
Sovran Bank on Airport Road, and other related work such
as additional excavation, stone and pavement.
The City Manager recommended that he be authorized
to issue Change Order No. 1 to the contract with H & S
Construction Company; in the amount of $12,607.03, which
would provide for a final contract amount of $108,075.94.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30824-121691) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 1 to the City's
contract with H & S Construction Company, for street
improvements to Airport Road at Towne Square Shopping
Center; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 288.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30824-121691. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Bowles was absent.)
CHESAPEAKE & POTOMAC TELEPHONE COMPANY: The City
Manager having previously reserved space on the agenda
for a report with regard to a pole use agreement with
Chesapeake & Potomac Telephone Company of Virginia, the
City Manager orally requested that the report be
withdrawn.
Mr. Bowers moved that Council concur in the request
of the City Manager. The motion was seconded by Mr.
Harvey and adopted.
429
BUDGET-INDUSTRIES: The City Manager submitted a
written report with regard to engineering services for
the Roanoke Centre for Industry and Technology, advising
that Council authorized the purchase of approximately 140
acres of property from Anderson Wade Douthat and Frances
B. Douthat on September 11, 1989; that at the time, a
development plan had been prepared which indicated that
there was approximately 125 marketable acres at the site;
and engineering services are needed to prepare plans and
specifications for utility and roadway design and site
grading.
It was further advised that Engineering Services
Qualification Proposals for site development analysis
were publicly advertised and received from Buchart Horn,
Inc.; Hayes, Seay, Mattern and Mattern, Inc.; and
Mattern & Craig, P. C.; that interviews were held with
all three firms submitting proposals; and negotiations
were conducted with Mattern & Craig, P.C., Consulting
Engineers.
It was explained that the scope of work to be
performed includes design of 3,700 linear feet of
roadway, sanitary sewer, water, storm drainage, lighting
and landscaping, site grading, construction
administration, and inspection, and surveys.
The City Manager recommended award of an engineering
services reimbursement contract with Mattern & Craig,
Inc., in the amount of $200,000.00, for preparation of
plans and specifications for utility and roadway design
and site grading at the Roanoke Centre for Industry and
Technology Addition; that Council appropriate $191,800.00
from the sale of the shell building and $8,200.00 from
the sale of property to Orris, Inc., to an account to be
designated by the Director of Finance for the $200,000.00
contract to be entitled, RCIT Engineering; and that
Council appropriate the balance of $71,800.00 to Capital
Reserve Account No. 008-052-9575-9178 and Account No.
008-052-9575-9181, in the amounts of $45,980.00 and
$25,820.00, respectively, for expenditure on future
projects as approved by Council.
(For full text, see Xeport on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
430
ACTION:
ACTION:
(#30825-121691) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 289.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30825-121691. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ..... -6.
NAYS: None 0.
(Council Member Bowles was absent.)
Mr. Fitzpatrick'offered the followin~ Resolution:
(#30826-121691) A RESOLUTION authorizing the
execution of a contract with Mattern & Craig, Inc. to
provide certain engineering services, specifically the
plans and specifications for utility and roadway design
and site grading for the Roanoke Centre for Industry and
Technology Addition.
(For full text of Resolution, see Resolution Book No. 53,
page 290.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30826-121691. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ........ 6.
NAYS: None
(Council Member Bowles was absent.)
CITY ENGINEER-SNOW REMOVAL: The City Manager
submitted a written report concurring in a report of a
bid committee with regard to supplying 1,000 tons, more
or less, of deicing salt.
431
ACTION:
The bid committee recommended acceptance of a bid
submitted by Southern Salt Company, Inc., in the total
amount of $41,800.00, to supply the City with 1,000 tons,
more or less, of deicing salt.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
(#30827-121691) A RESOLUTION accepting the bid of
Southern Salt Co., Inc., made to the City for furnishing
and delivering deicing salt; and rejecting all other bids
made to the City.
(For full text of Resolution, see Resolution Book No. 53,
page 291.)
Mr. Harvey moved the adoption of Resolution No.
30827-121691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor .... 6.
NAYS: None
e
(Council Member Bowles was absent.)
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 30810-121691 amending certain
proffered conditions to the rezoning of a tract of land
located on Belle Avenue, N. E., described as Lots 6 - 27,
inclusive, Block 1, Map of Belle Terrace Townhouse
Subdivision, previously designated as Official Tax No.
3320105 and currently designated as Official Tax Nos.
3320116 - 3320127, inclusive, which property was
previously conditionally rezoned by adoption of Ordinance
No. 26486 on May 23, 1983, having previously been before
the Council for its first reading on Monday, December 9,
1991, read and adopted on ttB first reading and laid
over, was again before the body, Mr. Musser offering the
following for its second reading and final adoption:
432
ACTION:
ACTION:
(#30810-121691) AN ORDINANCE to amend Sections
36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as
amended, and Sheet No. 332, Sectional 1976 Zone Map, City
of Roanoke, in order to amend certain conditions
presently binding upon certain property previously
conditionally rezoned from RD, Duplex Residential
District, to RG-1, General Residential District.
(For full text of Ordinance, see Ordinance Book No. 53,
page 280.)
Mr. Musser moved the adoption of Ordinance No.
30810-121691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ...... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
ZONING: Ordinance No. 30811-121691 rezoning a tract
of land lying on Belle Avenue, N. E., described as Lots
6 - 27, inclusive, Block 1, Map of Belle Terrace
Townhouse Subdivision, previously designated as Official
Tax No. 3320105 and currently designated Official Tax
Nos. 3320116 - 3320127, inclusive, be rezoned from RM-1,
Residential Multi-family, Low Density District, to RS-3,
Residential, Single Family District, subject to certain
conditions proffered in a petition filed with the City
Clerk on October 16, 1991, having previously been before
the Council for its first reading on Monday, December 9,
1991, read and adopted on its first reading and laid
over, was again before the body, Mr. Fitzpatrick offering
the following for its second reading and final adoption:
(#30811-121691) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 332, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 281.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30811-121691. The motion was seconded by Mr. Harvey and
adopted by the following vote:
433
ACTION~
AYES: council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor- . ...... 6.
NAYS: None ....
(Council Member Bowles was absent.)
STREETS AND ALLEYS: Ordinance No.
permanently vacating, discontinuing and
30812-121691
closing two
specific portions of Thirlane Road, N. W., having
previously been before the Council for its first reading
on Monday, December 9, 1991, read and adopted on its
first reading and laid over, was again before the body,
Mr. Bowers offering the following for its second reading
and final adoption:
(#30812-121691) AN ORDINANCE permanently vacating,
discontinuing and closing certain public right-of-way in
the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 282.)
Mr. Bowers moved the adoption of Ordinance No.
30812-121691. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor---
NAYS: None
(Council Member Bowlgs was absent.)
MOTiONS ANDMISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL. None.
OTHER HEARINGS OF CITIZENS: None.
At 3:00 p.m., the Mayor declared the meeting in
recess.
At 4:35 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of council
Member Bowles.
434
ACTION:
ACTION:
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers 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
opea meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were Identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Ceuncll. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey, Musser and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
YOUTH: The Mayor advised that there is a vacancy on
the Youth Services Citizen Board, which position was
previously occupied by Harriet A. Vance, and called for
nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of
Timothy M. Lewis.
There being no further nominations, Mr. Lewis was
elected as a member of the Youth Services Citizen Board
for a term ending May 31, 1994, by the following vote:
FOR MR. LEWIS: Council Members White, Bowers,
Fitzpatrick, Harvey, Musser and Mayor Taylor .......... 6.
(Council Member Bowles was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor
advised that there is a vacancy on the Roanoke
Neighborhood Partnership Steering Committee, which
position was previou~ly occupied by George A. McLean, and
called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Mary Sue
Rubeiz.
There being no further nominations, Ms. Rubeiz was
elected as a men, er of the Roanoke Neighborhood
Partnership Steering Committee for a term ending
November 9, 1994, by the following vote:
ACTfON:
ACTION:
ACTION:
ACTION:
FOR MS. RUBEIZ: Council Members White, Bowers,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 6.
(Council Member Bowles was absent.)
Mr. Bowers moved that the City residency requirement
be waived in this instance for Ms. Rubeiz only. The
motion was seconded by Mr. Fitzpatrick and adopted.
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor
advised that there is a vacancy on the Special Events
Committee, which position was previously occupied by Dana
Lee, and called for nominations to fill the vacancy.
Mr. Musser placed in nomination the name of Bonnie
Sue Steele.
There being no further nominations, Ms. Steele was
elected as a member of the Special Events Committee for
a term ending June 30, 1992, by the following vote:
FOR MS. STEELE: Council Members White, Bowers,
Fitzpatrick, Harvey, Musser and Mayor Taylor .... 6.
(Council Member Bowles was absent.)
ROANOKE ARTS COMMISSION: The Mayor advised that
there is a vacancy on the Roanoke Arts Commission, which
position was previously occupied by Elizabeth H. Muse,
and called for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of
Ann L. Weinstein.
There being no further nominations, Ms. Welnstein
was elected as a member of the Roanoke Arts Commission
for a term ending June 30, 1994, by the following vote:
FOR MS. WEINSTEIN: Council Members White, Bowers,
Fitzpatrick, Harvey, Musser and Mayor Taylor ......... 6.
(Council Member Bowles was absent.)
MENTAL HEALTH SERVICES: The Mayor advised that the
three year term of Robert L. Lynn as a member of the
Mental Health Services Board will expire on December 31,
1991, and called for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of
Robert L. Lynn.
435
436
There being no further nominations, Mr. Lynn was
reelected as a member of the Mental Health Services Board
for a term ending December 31, 1994, by the following
vote:
ACTION:
FOR MR. LYNN: Council Members White, Bowers,
Fitzpatrick, Harvey, Musser and Mayor Taylor-- 6.
(Council Member Bowles was absent.)
ACTION:
COUNCIL-ELECTIONS: The Mayor appointed Wendell H.
Butler as Chairperson of the Citizens Task Force To Study
Alternative Election Procedures for City Council.
There being no further business,
meeting adjourned at 4:45 p.m..
ATTEST: ~O~__-
City Clerk
APP'ROVED
the Mayor declared the
Mayor
437
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
January 6, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, January 6,
1992, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings~ of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Howard E.
Musser, William White, Sr., and Mayor Noel C. Taylor ............... 7.
ABSENT: NONE-
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; William X Parsons, Assistant
City Attorney; Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Dr. Glenn A. Tabor,
Pastor, Northside Christian Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-POLICE DEPARTMENT: Mr.
Musser offered the following Resolution memorializing the
late Fred W. Robinson, Roanoke City Police Officer, who
was killed in a tragic accident on January 5, 1992, while
performing his duties as a patrolman:
(#30829-010692) A RESOLUTION memorializing the late
Fred W. Robinson, Roanoke City Police Officer.
(For full text of Resolution, see Resolution Book No. 53,
page 293.)
ACTION:
Mr. Musser moved the adoption of Resolution No.
30829-010692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
438
ACTION:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ....... --7.
NAYS: None
The Mayor requested that all heads be bowed in a
moment of silent prayer in memory of Officer Robinson.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; and a
matter with regard to disposition of publicly held
property, specifically the lease of parking spaces in
City-owned garages.
MINUTES: Extracts of minutes of the regular
meetings of Council held on Monday, October 14, 1991;
Monday, November 25, 1991; and the special meeting held
on Tuesday, December 10, 1991, were before the body.
(For full text, see extracts of minutes and minutes on
file in the City Clerk's Office.)
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor- ----7.
NAYS: None 0.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see'communication on file in the City
Clerk's Office.)
439
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Fitzpatrick and ad~pted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor- --7.
NAYS: None
e
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES): A
communication from Dr. Fred P. Roessel, Jr., Executive
Director, Mental Health Services of the Roanoke Valley,
recommending reappolntment of Dr. Joseph J. Duetsch as an
at-large member of the Mental Health Services Board of
Directors for a term of three years, ending December 31,
1994, was before Council.
It was explained that the by-laws of the Board
require that at-large members be recommended by the Board
to the five participating localities, and all five local
governments must concur with the recommendation in order
to confirm an appointment.
(For full text, see co~unication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the
recommendation of the Mental Health Services Board. The
motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ..... 7.
NAYS: None 0.
STATE HIGHWAYS: A report of the City Manager with
regard to highway maintenance payments received from the
Virginia Department of Transportation, was before
Council.
It was advised that the City receives from the State
a portion of State gasoline tax receipts based on the
number of lane miles of City streets for all routine
maintenance responsibilities; and due to an anticipated
440
ACTION:
shortfall in transportation revenues for the current
fiscal year, it has been necessary for the State to make
downward adjustments in maintenance payments to
localities.
It was further advised that the City has received
notification that the State will base current fiscal year
maintenance payments on the same rates as the prior
fiscal year; that due to economic uncertainties when the
current City budget was prepared, it was estimated that
there would be no increase in state maintenance payments
and therefore the City's current budget is based on prior
year revenues for street maintenance, therefore, current
information received from the State has confirmed the
City's original conservative revenue projections.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................. 7.
NAYS: None 0.
LEGISLATION-REFOSE COLLECTION: A report of the City
Manager advising that according to a representative of
the Virginia Municipal League, Senator Joseph Gartlan
will reintroduce his Virginia Beverage Container
Recycling Act in the 1992 Session of the General Assembly
(Senator Madison Marye may reintroduce his bottle bill);
that if Senator Gartlan reintroduces his Virginia
Beverage Container Recycling Act, he has stated that it
will contain revisions, some of which may have been
prompted by reactions of certain local governments to
Senate Bill 660; and it is believed that while some local
governments may support Senator Gartlan's bill in
concept, there are certain changes which they believe are
needed, however, as of December 20, 1991, the revised
bill was not available, was before Council.
It was further advised that according to the
Virginia Municipal League, if Senator Gartlan's bill is
reintroduced, it will probably go once again to the
Senate Agriculture, Conservation and Natural Resources
Committee (if revisions to the bill affect different
sections of Virginia's Code, the bill could initially be
referred to a different committee, possibly Finance);
441
ACTION:
ACTION:
that last year, Senator Gartlan's bill did not fare well
in the Senate Agriculture Committee, receiving only five
of a possible 15 votes needed to report the bill to the
Senate floor, and, consequently, Senator Gartlan withdrew
the bill.
The City Manager reviewed specific concerns
regarding Senate Bill 660, as more fully set forth in his
report.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .......... 7.
NAYS: None 0.
ROANOKE ARTS COS~ISSION: A communication from
Dr. Ruth Stevens Appelhof tendering her resignation as a
member of the Roanoke Arts Commission, was before
Council.
Dr. Appelhof advised that the current economic
situation has resulted in drastic staff reductions at the
Roanoke Museum of Fine Arts, and she does not have the
time to continue community activities as she has in the
past.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be received
and filed, and that the resignation b~ accepted with
regret. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .... 7.
NAYS: None 0.
442
ACTION:
ACTION:
ACTION:
ROANOKE ARTS COMMISSION: A communication from Ms.
Susan Cole Urano tendering her resignation as a member of
the Roanoke Arts Commission, inasmuch as she will be
moving to the State of Ohio, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be received
and filed, and that the resignation be accepted with
regret. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ...... 7.
NAYS: None 0.
PENDING LIST: A list of items pending from July 10,
1978, through December 16, 1991, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mrs. Bowles moved that the pending list be received
and filed. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .... 7.
NAYS: None 0.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of
qualification of Jan P. Wilkins, Judy A. Bower and
Richard S. Winstead as members of the Roanoke
Neighborhood Partnership Steering Committee, for terms
ending November 11, 1992, was before Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor-- 7.
NAYS: None -0.
443
ACTION:
ACTION:
ACTION:
ROANOKE ARTS COMMISSION: A report of qualification
of Ann L. Weinstein as a member of the Roanoke Arts
Commission, for a term ending June 30, 1994, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .......... 7.
NAYS: None
PLANNING: A report of qualification of John R.
Marlles as a member of the Fifth Planning District
Commission, for a term ending June 30, 1994, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ......... 7.
NAYS: None'
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss a matter with reqard to
disposition of publicly held property, specificaliy lease -
of parking spaces in City-owned garages, pursuant to
Section 2.1-344 (A)(3), Code of Virginia (1950), as
amended, was before the body.
(For full text, see ~eport on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss a matter with regard to disposition of publicly
held property, specifically lease of parking spaces in
444
City-owned garages, pursuant to Section 2.1-344 (A)(3),
Code of Virginia, (1950), as amended. The motion was
seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .... 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting that Council appropriate the
balance of proceeds from the Capital Bond Issue sold by
the City on December 10, 1991, to be used for the
replacement of boiler systems, for asbestos abatement and
for middle school renovation design studies, was before
Council.
The School Board further requested appropriation of
$2,475.00 for the SAT Preparation Program for 1991-92 to
provide funds from student fees for instruction to
prepare students for the Scholastic Aptitude Test.
A report of the Director of Finance concurring in
the requests of the School Board, advising that a
$2,136,323.00 appropriation is the final allocation of
the School Board's $4,000,000.00 portion of a
$15,250,000.00 in Series 1992A Bonds, was also before
Council.
(For full text, see co~nunication and report on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30830-010692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 295.)
445
ACTION:
Mr. White moved the adoption of Ordinance No. 30830-
010692. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor--- 7.
NAYS: None
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None
ITEMS RECOMMENDED FOR ACTION:
TAXES: The City Manager submitted a written report
advising that Council received a communication from the
Roanoke Valley Council of Community Services, Inc.,
requesting real and personal property tax-exempt status
for property located'at 502 Campbell Avenue, S. W.; that
Council requested information on four specific topics
related to tax-exempt status and instructed the City
Attorney to schedule a public hearing on the request;
that the City Manager was requested to develop a proposed
policy statement for handling future requests for real
estate tax-exempt status; and a public hearing was held
on Monday, December 16, 1991.
It was explained that the City's past history on
creating tax exemptions was analyzed and other localities
were surveyed as to their policies on such requests; that
a proposed policy has been drafted and addresses the
issues related to eligibility for tax-exempt status; and
Council, on December 16, inquired as to the amount of
tax-exempt property in adjacent Jurisdictions of Roanoke
County and the City of Salem.
The City Manager recommended that Council adopt a
resolution establishing the proposed policy ahead of the
Roanoke Valley Council of Community Services, Inc.,
making it the first such entity to comply, and that
Council also adopt a resolution in support of the Council
of Community Services request for tax-exempt status,
conditional upon an agreement to abide by the new policy
to the extent feasible.
(For full text, see report on file in the City Clerk's
Office.)
446
Mr. Harvey inquired as to a request of Total Action
Against Poverty for tax-exempt status on certain property
owned by TAP. Under the policy proposed by the City
Manager, he referred to the following provision: "D. The
value of all estimated taxes shall be deducted from any
funding provided by the City to the tax-exempt agency."
He advised that the City would not be rendering the level
of service requested by the agency if it deducts the
amount of real estate taxes from the total amount that
the City actually funds the agency. He pointed out that
the end result of service organizations is to retain as
much money as possible in order to meet the needs of
clients for basic service.
The City Manager called attention to certain
organizations that are not required to seek tax-exempt
status from Council inasmuch as they automatically
qualify under provisions of the State Code, and may
therefore be exempted by the Commissioner of Revenue. He
stated that the largest number of organizations that are
eligible for tax-exempt status fall into that category,
however, exceptions to the rule require agencies to
petition Council for a public hearing and such agencies
may request approval by their State government with or
without a resolution from their City Council, therefore,
in many ways the msasure presently before Council is
advisory. He pointed out that in many cases, cities are
now beginning to establish minimum standards in order for
governing bodies to send an affirmative resolution along
with the petitioning agencies to the State legislature.
He recommended that Council place those agencies
requesting tax-exempt status on notice that there are
certain basic municipal services that must be delivered
and an 80 per cent reduction in real estate taxes is a
sizeable reduction.
In response to Mr. Harvey's question, it was
explained that Total Action Against Poverty has not
applied for tax-exempt status, however, such
determination would be made by the Commissioner of
Revenue; whereupon, the City Manager advised that he
would confer with the Commissioner of Revenue as to
whether or not a request has been submitted by TAP and
report to Council accordingly.
Mr. Harvey offered the following Resolution
s%%pporting a bill to be introduced at the 1992 Session of
the General Assembly whereby The Roanoke Valley Council
of Community Services, Inc., seeks to be classified and
designated as a charitable and educational organization
within the context of Section 6(a)(6) of Article X of the
447
ACTION:
ACTION:
Constitution of Virginia, and whereby property is owned
by the applicant is used exclusively for charitable and
educational purposes on a non-profit basis, shall be
exempt from state and local taxation; and in
consideration of Council's adoption thereof, the
applicant agrees to pay to the City of Roanoke, on or
before October 5 of each year, a service charge in an
amount equal to five per cent of the City of Roanoke real
estate tax levy which would be applicable to real
property of the applicant, were the applicant not exempt
from state and local taxation:
(#30831-010692) A RESOLUTION supporting tax
exemption of property owned by The Roanoke Valley Council
of Community Services, Inc., in the City of Roanoke used
by it exclusively for charitable and educational purposes
on a non-profit basis, and memorializing a certain
agreement between The Roanoke Valley Council of Community
Services, Inc., and this City.
Mr. Harvey moved the adoption of Resolution No.
30831-010692. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Member Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .................. 7.
NAYS: None 0.
Mr. Harvey moved that action on a measure with
regard to adoption of a policy for handling future
requests for real e~tate tax-exempt status be deferred
until the regular meeting of Council on Monday,
January 13, 1992, pending additional information from the
City Manager with regard to the effect of the proposed
new policy on existing tax-exempt organizations. The
motion was seconded by Mr. Bowers and unanimously
adopted.
BUDGET-HUMANRESOURCES: The City Manager submitted
a written report with regard to Independent Living
Services, advising that the State Department of Social
Services has, since adoption of the fiscal year 1991-92
budget, allocated $11,500.00 to the local Social Services
Department to provide Independent Living Services for
eligible foster care children aged 16 to 18; and
allocation of funds provides for services to improve care
and preparation of teenagers and other children in foster
448
ACTION:
care for, ultimately, independent living through foster
home recruitment, training of foster parents and social
work staff, and development of local training efforts to
help foster care youth develop skills necessary for
successful independent living.
The City Manage~ explained that Independent Living
Services are 100 per cent reimbursed by the State
Department of Social Services; and Council is requested
to appropriate revenue for supplemental funds allotted by
the State Department of Social Services.
The City Manager recommended that Council increase
the revenue estimate of funds received from the State
Department of Social Services, Account No. 001-020-1234-
0683, with a corresponding increase in Expenditure
Account No. 001-054-5314-3160 by $11,500.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30832-010692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 297.)
Mr. Harvey moved the adoption of Ordinance No.
30832-010692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor--- 7.
NAYS: None. 0.
TRAFFIC-STREETS AND ALLEYS: The City Manager
submitted a written report with regard to a proposed
traffic signal at the intersection of Peters Creek Road,
Northside High School Road and the Kroger Office Building
driveway, advising that numerous requests for traffic
signalization at the abovestated intersection have been
made by motorists that regularly use the intersection;
that the intersection is located within the Roanoke City
limits, as is the Kroger Office Building, and Northside
High School Road is located in Roanoke County; that
traffic counts conducted at the intersection indicate
449
It
that traffic signalization is warranted according to the
Manual on Uniform Traffic Control Devices (MUTCD); and
ranking of intersections in the City of Roanoke that meet
requirements of the MUTCD for signalization indicate that
the abovedescribed intersection ranks second on a list of
12 intersections which are under consideration for
signalization, with the top rated intersection being
located at Colonial Avenue at Overland Road, S. W.
It was further advised that a cost estimate of
$73,698.24 has been prepared by the Virginia Department
of Transportation for signal installation; that the
Virginia Department of Transportation has expressed its
willingness to help expedite installation of the traffic
signals by administering the construction of the project,
as well as participate in 25 per cent of the cost of the
project; that the Kroger Company and Roanoke County have
each indicated a willingness to contribute 25 per cent of
installation cost up to a maximum of $25,000.00 each,
with Roanoke County's share to be evenly divided between
the County Administration and the County School Board;
and the City of Roanoke will need to fund the remaining
25 per cent installation cost which can be accomplished
using funds from Traffic Signals - General, Account No.
008-052-9560-9065.
The City Manager recommended that he be authorized
to execute, in a form acceptable to the City Attorney, an
agreement with the Virginia Department of Transportation,
by which it would install the necessary traffic signal
equipment and bear 25 per cent of the actual cost of
traffic signalization, with separate agreements with the
County of Roanoke and the Roanoke County School Board by
which each would pay 12.5 per cent of the actual cost of
traffic signalization. It was further recommended that
the Kroger Company pay 25 per cent of the actual cost of
signalization, with each to be guaranteed by "letter of
credit" and paid when the traffic signal is installed and
functional.
The City Manager further recommended that Council
appropriate $55,273.68 to an account to be established by
the Director of Finance, $18,424.56 of which will be
transferred from Traffic Signals - General Account No.
008-052-9560-9065, and $36,849.12 to be reimbursed by the
Kroger Company and Roanoke County.
(For full text, see report on file in the City Clerk's
Office.)
450
ACTION:
ACTION:
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30833-010692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 298.)
Mrs. Bowles moved the adoption of Ordinance No.
30833-010692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor- 7.
NAYS: None' 0.
Mrs. Bowles offered the following emergency
Ordinance:
(#30834-010692) AN ORDINANCE authorizing the
execution of an appropriate agreement with the Virginia
Department of Transportation for the installation of
traffic signal equipment at ,the intersection of Peters
Creek Road, Northside High School Road (State Route 1402)
and Kroger Office Building Driveway; authorizing
execution of agreements with the County of Roanoke and
the Kroger Company allocating the cost of such project;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 299.)
Mrs. Bowles moved the adoption of Ordinance No.
30834-010692. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................. 7.
NAYS: None 0.
SHERIFF-CITY JAIL: The City Manager submitted a
written report with regard to completion of the remaining
unfinished pod in the Roanoke City Jail, advising that in
October, 1991, Council approved a request to increase
staffing at the City Jail by 11 additional full-time
positions to help alleviate staffing 'problems
attributable to overcrowded conditions; that the Sheriff
451
was authorized to fill seven of the positions
immediately, leaving four positions vacant; and in the
same report Council was advised that the Sheriff had
requested funding from the U. S. Marshals Service to
complete the only remaining unfinished pod in the Jail,
thereby adding another 42 beds which would be supervised
by the still vacant four additional positions.
It was explained that the Sheriff has recently
received approval for a $250,000.00 reimbursement,
through the U. S. Marshals Service, for completion of the
remaining pod, whereupon, the City Manager recommended
adoption of a resolution authorizing a cooperative
agreement between the City of Roanoke and the United
States Marshals Service.
The City Manager noted that the agreement allows the
City of Roanoke to receive a reimbursement of up to
$250,000.00 from the U. S. Marshals Service to be used in
the development of the remaining Jail pod; that in
return, 20 beds must be made available at all times for
Federal prisoners ~or a period of 15 years from
completion of the required construction project; and an
additional burden will not be caused inasmuch as the jail
currently houses an average of 40 Federal prisoners a
day.
The City Manager advised that it was his intention
to proceed with the design and bidding of the Jail pod
project; that a report recommending ultimate approval of
the project would be brought to Council at the earliest
possible date, and this is the first step in the
development of a long-term solution to the overcrowding
problem at the Jail facility.
(For full text, see report and supporting documentation
on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#30835-010692) A RESOLUTION authorizing an
agreement with the United States Marshals Service to
provide reimbursement to the City for certain costs
associated with completing a pod in the City Jail, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 300.)
452
ACTION:
Mr. Harvey moved the adoption of Resolution No.
30835-010692. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................. 7.
NAYS: None 0.
POLICE DEPARTMENT-EQUIPMENT: The City Manager
submitted a written report concurring in a report of a
bid committee with regard to the purchase of hand guns,
related equipment and supplies for use by the Police
Department.
The bid committee recommended that Council approve
the purchase of hand guns, related equipment and
supplies, as follows:
270 - Glock pistols, 240 ammunition magazines
and training from Tactical and Survival
Specialties, Inc., for the total amount of
$106,830.00.
280 - holsters and 293 magazine pouuhes from
National Police Supply, for the total cost of
$13,020.65.
12,000 - rounds, service ammunition from The
Gun Shop, for the total cost of $3,779.52.
120,000 - rounds, training ammunition from
Town Police Supply, for the total cost of
$17,517.60.
One-gallon, Break Free, gun cleaning solvent
from Creasy's Outdoor Sports, for the total
cost of $32.65, and accept the bid for
purchase of current hand guns, for the amount
of $80.00 each.
The bid committee further recommended that all other
bids received by the City be rejected; and that Council
appropriate $141,180.42 to Police Department, Account No.
001-050-3113-2035, as follows:
$121,180.42 from the Capital
Equipment Replacement Program.
Maintenance and
453
tl
Increase reveHue estimate by $20,000.00 and
establish an accounts receivable for appropriate
collection of funds received for the sale of
existing hand guns.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
Ordinance:
(#30836-010692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 301.)
ACTION:
Mr. Musser moved the adoption of Ordinance No.
30836-010692. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .......... 7.
NAYS: None 0.
Mr. Musser offered the following Resolution:
(#30837-010692). A RESOLUTION accepting bids for
pistols, magazines, holsters, ammunition pouches,
ammunition and related equipmpnt; rejecting other bids;
and providing for an emergency.
(For full text of Resolution, see Resolution Book No. 53,
page 302.)
ACTION:
Mr. Musser moved the adoption of Resolution No.
30837-010692. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ........ 7.
NAYS: None
®
454
ACTION=
DIRECTOR OF FINANCE=
FINANCIAL REPORTS: The Director of Finance
submitted the Financial Report for the month of November,
1991.
(For full text, see Financial Report on file in the City
Clerk's Office.)
Mr. Harvey moved that the Financial Report be
received and filed. The motion was seconded by Mr.
Musser and unanimously adopted.
CITY ATTORNEY:
BONDS: The City Attorney submitted a written report
advising that at the Council meeting held on Monday,
December 10, 1991, Council adopted Ordinance No. 30821-
121091, which authorized the issuance of $17,165,000.00
principal amount of general obligation public improvement
refunding bonds and approved the sale of such bonds as
part of a combined issue of $68,720,000.00 aggregate
principal amount of general obligation bonds of the City;
that a part of Ordinance No. 30821-121091 designated a
Registrar for such bonds; and because the bank originally
designated as Registrar was unable to comply with certain
technical requirements of the City, it has become
necessary to designate a new Registrar.
The City Attorney and Director of Finance
recommended adoption of a measure designating Crestar
Bank as Registrar for said bonds.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(~30828-010692) AN ORDINANCE amending Ordinance No.
30821-121091, adopted on December 10, 1991, entitled "AN
ORDINANCE authorizing the issuance of Seventeen Million,
One Hundred Sixty-Five Thousand Dollars ($17,165,000)
principal amount of General Obligation Public Improvement
Refunding Bonds of the City of Roanoke, Virginia, and
approving the sale of such bonds as part of a combined
issue of Sixty-Eight Million Seven Hundred Twenty
Thousand Dollars ($68,720,000) aggregate principal amount
of general obligation bonds of the City of Roanoke,
Virginia; fixing the form, denomination and certain other
details of such bonds; accepting a proposal for the
455
II
ACTION:
ACTION:
purchase of such bonds; fixing the rates of interest to
be borne by such bonds, and providing for an emergency",
such amendment relating to the designation of a Registrar
for such bonds, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 292.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30828-010692. The motion was seconded by Mr. Musser and
adopted by the folloQing vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ......... 7.
NAYS: None 0.
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Council Member David A. Bowers,
Chairperson of the Audit Committee, submitted a written
report on behalf of the Committee recommending the
following 1992 meeting dates, with all meetings to be
held at 1:00 p.m.:
February 3, 1992
April 6, 1992
June 1, 1992
October 5, 1992
December 7, 1992
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the report be received and
filed. The motion was seconded by Mr. Fitzpatrick and
unanimously adopted.
ZONING-FLOOD CONTROL-PLANNING-CITY CODE AMENDMENTS:
Mr. John A. Peters, III, representing the City Planning
Commission, presented a briefing on proposed flood plain
regulations, advising that on January 13, 1992, the City
Planning Commission will present a revised Flood Plain
Ordinance for Council's consideration during a duly
advertised public hearing. He explained that last year,
the City was notified by the Federal Emergency Management
Agency that its existing Flood Plain Ordinance was not in
compliance with the Federal model ordinance and, in
addition, the City was told to update its ordinance or
risk the loss of Federally subsidized flood insurance for
the entire community.
456
Mr. Peters pointed out that the Federal Emergency
Management Agency, on a two-year cycle, makes minor
changes to the Flood Plain Ordinance, and the changes are
usually of such minor nature that it is not necessary to
update the local ordinance, however, what the City
perceived as a minor change, the Federal Emergency
Management Agency perceived as a major change. He
pointed out that one area in which the City was in direct
contradiction was with regard to lack of provisions
pertaining to mobile homes, and in drafting a new
ordinance, City staff evaluated several other revisions
that would enhance public safety, as well as improve
overall community ratings. He advised that last year,
Council was briefed on a Community Rating System
established by the' Federal Government in which a
locality's overall flood reduction program is evaluated,
and if certain things are done, a locality could receive
a reduction for the entire community of as little as five
per cent or as much as 40 per cent of Federally
subsidized flood insurance. He added that it was during
that process last year that questions surfaced with
regard to the City's flood plain regulations.
Mr. Peters pointed out that the proposed revisions
were coordinated with the Building Department, as well as
other local governments, and no objection was expressed
at a public hearing conducted by the City Planning
Commission.
UNFINISHED BUSINESS: None
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None
MOTIONS AND MISCELLANEOUS BUSINESS: None
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL.
RADIO-TELEVISION: Mr. Musser offered the following
Resolution:
(#30838-010692) A RESOLUTION expressing City
Council's intent to dedicate a portion of the franchise
fee collected from C6x Cable Roanoke, Inc., to the costs
of developing, operating and administering the
institutional network and educational and governmental
cable access.
(For full text of Resolution, see Resolution Book No. 53,
page 304.)
457
ACTION:
ACTION:
ACTION:
Mr. Musser moved the adoption of Resolution No.
30838-010692. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor- --7.
NAYS: None-- 0.
OTHER HEARINGS OF CITIZENS: None
At 3:10 p.m., the Mayor declared the meeting in
recess.
At 4:10 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ......... 7.
NAYS: None 0.
CITY EMPLOYEES-PERSONNEL DEPARTMENT: The Mayor
advised that there is a vacancy on the Personnel and
Employment Practices Commission created by the
resignation of R. P. Shelor, and called for nominations
to fill the vacancy.
Mr. Bowers placed in nomination the name of Kitty J.
Boitnott.
There being no further nominations, Ms. Boitnott was
elected as a member of the Personnel and Employment
Practices Commission for a term ending June 30, 1994, by
the following vote:
FOR MS. BOITNOTT: Council Members Bowers, Bowles,
Fitzpatrick, Harvey, Musser, White and Mayor Taylor .... 7.
458
ACTION:
ACTION:
ACTION:
ACTION:
ROANOKE ARTS COMMISSION: The Mayor advised that
there is a vacancy on the Roanoke Arts Commission created
by the resignation of John W. Creasy, and called for
nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mark
Scala.
There being no further nominations, Mr. Scala was
elected as a member of the Roanoke Arts Commission for a
term ending June 30, 1994, by the following vote:
FOR MR. SCALA: Council Members Bowers, Bowles,
Fitzpatrick, Harvey, Musser, White and Mayor Taylor .... 7.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised
of three vacancies on the Roanoke Neighborhood
Partnership Steering Committee, and called for
nominations to fill said vacancies.
Mr. Harvey placed in nomination the name of Keith A.
Johnson.
Mr. Bowers placed in nomination the name of Gary
Waldo.
Mr. White placed
Lawrence M. Taylor.
in nomination the name of
There being no further nominations, Mr. Johnson was
elected for a term ending November 10, 1993, and Mr.
Taylor and Dr. Waldo were elected for terms ending
November 9, 1994, as members of the Roanoke Neighborhood
Partnership Steering Committee, by the following vote:
FOR MR. JOHNSON-DR. WALDO AND MR. TAYLOR: Council
Members Bowers, Bowles, Fitzpatrick, Harvey, Musser,
White and Mayor Taylor ................................ 7.
Mr. Harvey moved that the City residency requirement
be waived in connection with the appointment of Keith A.
Johnson. The motion was seconded by Mr. Fitzpatrick and
unanimously adopted.
Mr. White moved that the City residency requirement
be waived in connection with the appointment of
Lawrence M. Taylor. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
459
SCHOOLS-CITY CHARTER: The Assistant City Attorney
submitted a written report of the City Attorney, advising
that the City's 1992 Legislative Program requests
legislation permitting the Roanoke City School division
to establish a school commencement date prior to Labor
Day; that State Code requires local school boards to
establish school calendars so that the first day of the
school year falls after Labor Day, that Delegate Woodrum
has suggested that the best way to accomplish this
objective is to amend the City's Charter bill; that the
City has a Charter bill pending relating to bond issue
procedures, and Delegate Woodrum believes that he can add
the school opening date amendment on to the Charter bill
which will be introduced prior to the first day of the
General Assembly Session; and in order to accomplish the
matter, a public hearing will need to be held by Council.
The City Attorney recommended that Council hold a
public hearing on Tuesday, January 21, 1992, at 2:00
p.m., which will allow sufficient time for public
advertising requirements as set forth in the State Code.
(For full text, see report on file in the City Clerk's
Office.)
ACTION:
Mr. Harvey moved that Council concur in the
recommendation of the City Attorney that Council hold a
public hearing on Tuesday, January 21, 1992, at 2:00
p.m., or as soon thereafter as the matter may be heard.
The motion was seconded by Mr. Fitzpatrick and
unanimously adopted.
There being no further business, the Mayor declared the
meeting adjourned at 4:20 p.m.
ATTEST:
City Clerk
APPROVED
460
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
January 13, 1992
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, January 13,
1992, at 7:30 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr.,
James G. Harvey, II, Howard E. Musser, William White, Sr., David A.
Bowers and Mayor Noel C. Taylor ..... 6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; Wllburn C. Dibling, Jr.,
City Attorney; James D. Grisso, Deputy Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-HEALTH DEPARTMENT (MENTAL
HEALTH SERVICES): On behalf of the State Department of
Mental Health, Mental Retardation, and Substance Abuse,
the Mayor presented the Employment Award to Mr. James
Williams in recognition of his successful employment
despite severe disabilities.
The Mayor explained that Mr. Williams is 23 years of
age and has suffered from severe mental retardation and
visual impairments; and he has been employed at CTC
Trucking as a package handler since August 20, 1990, and
receives Job coaching from Tinker Mountain Industries.
Ne advised that since his employment at CTC Trucking, Mr.
Williams has become more outgoing, he has taken more
initiative, he has increased his self-esteem, and he has
experienced the dignity of contributing to his community.
Mayor Taylor .commended Mr. Williams on his
achievements and presented him with a City of Roanoke
logo lapel pin.
461
ACTION:
PUBLIC HEARINGS
ZONING-FLOOD CONTROL-PLANNING-CITY CODE AMENDMENTS:
The City Clerk having advertised a public hearing for
Monday, January 13, 1992, at 7:30 p.m., or as soon
thereafter as the matter may be heard, to consider
certain amendments and revisions to Chapter 36.1, Zoning,
Code of the City of Roanoke (1979), as amended, the
matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World News on Friday,
December 27, 1991, and Friday, January 3, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the proposed ordinance amendments and
revisions is threefold, viz: (1) to bring the City's
existing flood plain regulations into conformance with
recent Federal requi~ements promulgated by the Federal
Emergency Management Agency; (2) to qualify the City of
Roanoke for discounts on flood insurance rates; and (3)
to improve the internal organization and structure of the
current ordinance, was before Council.
The Planning Commission recommended that Council
approve proposed flood plain ordinance text amendments
and revisions inasmuch as the proposed amendments and
revisions would bring the City's flood plain regulations
into compliance with recent Federal guidelines and would
qualify flood insurance policyholders throughout the City
for a reduction in premium rates.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the following Ordinance
be placed upon its first reading:
(#30839) AN ORDINANCE repealing §36.1-361,
Floodplain districts; definitions; S36.1-362,
Application; S36.1-363, Floodway district requlations;
~36.1-364, Floodway frinqe district and approximated
floodplain district requlations; ~36.1-365, Shallow
floodinq district requlations; §36.1-366, Zoning permit,
limitation on uset activity and development; §36.1-367,
Existinq structures in floodplain districts; and S36.1-
368, Variances; and enacting new ~36.1-361, Floodplain
462
manaqement ..regulationst definitions; S36.1-362,
Establishment of floodplain areas; §36.1-363,
Application; ~36.1-364, Floodplain development
requlations; ~36.1-365, Permitted uses; ~36.1-366,
Special exception uses; S36.1-367, Design criteria for
public utilities and facilities; S36.1-368, Existinq
structures in the floodplain; ~36.1-369, Variances;
§36.1-370, Procedure for variances and special exception
uses in floodways, and S36.1-371, Abrogation and greater
restrictions, of the Code of the City of Roanoke (1979),
as amended, such additions relating to definitions of
Base flood/one-hundred year flood, Channel, Development,
Flood, Floodplain, Floodway, Historic structures, Lowest
floor, Substantial improvement, and Watercourse; the
establishment of Floodplain Areas; the application of
Floodplain Areas and Flood-fringe Areas; the
establishment of Floodplain development regulations;
permitted uses; special exception uses; design criteria
for public utilities and facilities; existing structures
in the Floodplain; variances; the procedure for variances
and special exception uses in Floodways; and abrogation
and greater restrictions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 311.)
The motion was seconded by Mr. Harvey.
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter;
whereupon, Mr. Ren T. Heard, i306 Salem Avenue, S. W.,
suggested that the following language under Section 36.1-
361, page 3, Historic Structures, be deleted,
"furthermore, those buildings are listed or are eligible
to be listed on the National Register of Historic Places
or the Virginia Landmark Register", and that the
following language be inserted, "that all such historic
zoning laws and districts be reviewed on a regular basis
upon an appropriate public hearing before the
Architectural Review Board". Further, with reference to
Section 36.1-361, Substantial Improvement, page 4, he
suggested that "50 per cent" of the market value of the
structure be deleted and that "25 per cent" of the market
value of the structure be inserted. Additionally, with
reference to Section 36.1 - 36.1, Substantial
Improvement, line 9, he suggested that the word "first"
alteration be changed to "major" alteration.
463
II
ACTION:
Upon question, the City Attorney advised that the
proposed changes to the Flood Plain Ordinance were
suggested by the Federal Emergency Management Association
(FEMA), and he did not know if the changes suggested by
Mr. Heard would be approved by FEMA.
Mr. John R. Marlles, Agent, representing the City
Planning Commission, advised that the City is under
certain time constraints in order to bring its flood
plain regulations into compliance with the FEMA model.
In connection with a question as to whether or not action
on the ordinance could be deferred pending study of the
suggestions offered by Mr. Heard, Mr. Marlles expressed
concern that a delay in adopting the measure could
Jeopardize flood ln§urance for the entire City.
Ordinance No. 30839, on first reading, was adopted
by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor .......... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
Mr. Harvey moved that the suggestions offered by Mr.
Heard be referred to the City Manager for study, report
and recommendation to Council. The motion was seconded
by Mr. Musser and adopted.
ZONING: Pursuagt to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday,
January 13, 1992, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Messrs. L. D.
Shiffer, John J. Showalter and Walter S. Brooks that
property located at 1925 Peters Creek Road, N. W.,
identified as Official Tax Nos. 6380101 and 6380102, be
rezoned from RS-3, Residential Single-Family District, to
C-2, General Commercial District, subject to certain
conditions proffered by the petitioners, the matter was
before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World News on Friday,
December 27, 1991, and Friday, January 3, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
464
ACTION:
A report of the City Planning Commission advising
that the purpose of the rezoning request is to provide
for construction of a Harley Davidson dealership on the
subject property, was before Council.
The Planning Commission recommended that Council
approve the request for rezoning, advising that the
rezoning is a logical extension of the highway oriented
commercial uses to the west and northwest of the subject
property and would be in keeping with the recommendations
of the draft neighborhood plan for the area as well as
the Comprehensive Plan.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(#30840) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
638, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 323.)
The motion was seconded by Mr. Harvey.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning. There being none, Ordinance No. 30840 was
adopted, on its first reading, by the following vote:
AYES: Council Members Fitzpatrick, Narvey, Musser,
White, Bowers and Mayor Taylor .......... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
HOUSING-GRANTS-PLANNING: Pursuant to motion adopted
by Council on Monday, December 16, 1991, the City Clerk
having advertised a public hearing for Monday, January
13, 1992, at 7:30 p.m., or as soon thereafter as the
matter may be heard, with regard to an amendment to the
fiscal year 1991-92 Com~unity Development Block Grant
budget and Statement of Objectives to the U. S.
465
II
Department of Housing and Urban Development, in order to
reactivate the Private Rehabilitation Loan Program and
the Vacant Lot Homesteading Program, the matter was
before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World News on Friday,
January 3, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of t~e City Manager advising that the
fiscal year 1991-92 CDBG Statement of Objectives contains
no funding for the Private Rehabilitation Loan Program
and the Vacant Lot Homesteading Program; and programs
were not approved for funding within the initial fiscal
year 1991-92 Community Development Block Grant budget
due, in part, to slow demand for the programs and other
higher priority needs for available CDBG funds.
It was explained that developments over the last six
months suggest that consideration be given to
reactivating the two programs; that renewed interest
indicates a likely demand for the benefits of the
programs; that additional program income of CDBG funds
currently undesignated has been received and is available
to fund reactivation of the programs, with a minor
reallocation of funds from existing ongoing programs; and
significant additional housing funds ($756,000.00) are
expected to be received from the new HOME Program in the
spring/summer of 1992.
The City Manager recommended that Council authorize
reactivation of the Vacant Lot Homesteading Program and
the Private Rehabilitation Loan Program by taking the
following actions:
authorize the City Manager to submitAmendment
No. 2 to the fiscal year 1991-92 CDBG
Statement of Objectives to add funding for the
reactivation o~ the Vacant Lot Homesteading
Program and the Private Rehabilitation Loan
Program;
authorize the Director of Finance to transfer
$20,000.00 in CDBG funds from the Home
Purchase Assistance Program, Account No. 035-
089-8920-5115, to Account No. 035-089-8920-
5104, for the Vacant Lot Homesteading Program;
authorize the City Manager, by resolution, to
466
ACTION:
execute Amendment No. 1 to the fiscal year
1991-92 contract with the Housing Authority to
administer the Private Rehabilitation Loan
Program and reduce the total allocated to the
Home Purchase Assistance Program by
$20,000.00;
appropriate $16,000.00 in additional fiscal
year 1990-91 CDBG entitlement funds to the
Private Rehabilitation Loan Program; and
authorize the Director of Finance to transfer
$24,000.00 from undesignated CDBG program
income accounts to accounts to be established
by the Director of Finance for the Private
Rehabilitation Loan Program.
(For full text, see xeport on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
Ordinance:
(#30841-011392) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 305.)
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter,
at which time no person expressed a desire to be heard.
Mr. Musser moved the adoption of Ordinance No.
30841-011392. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor ............ 6.
NAYS: None 0.
(Council Member Bowles was absent.)
467
ACTION:
ACTION:
Mr. Musser offered the following Resolution:
(#30842-011392) A RESOLUTION authorizing execution
of Amendment No. 1 to the contract with the Roanoke
Redevelopment & Housing Authority to administer the
Private Rehabilitation Loan Program, upon certain terms
and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 306.)
Mr. Musser moved the adoption of Resolution No.
30842-011392. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor-- -6.
NAYS: None' 0.
(Council Member Bowles was absent.)
'CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; and a
matter with regard to disposition of publicly held
property.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Harvey moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
468
ACTION:
ACTION:
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor--- 6.
NAYS: None 0.
(Council Member Bowles was absent.)
ZONING (BOARD OF ZONING APPEALS): A communication
from Ms. Patti C. Hanes, Secretary, Board of Zoning
Appeals, transmitting the 1991 Annual Report for the
Board of Zoning Appeals, was before Council.
(For full text, see Annual Report on file in the City
Clerk's Office.)
Mr. Harvey moved that the 1991 Annual Report be
received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor--- 6.
NAYS: None 0.
(Council Member Bowl~s was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of
qualification of Mary Sue Rubeiz as a member of the
Roanoke Neighborhood Partnership Steering Committee, for
a term ending November 9, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Harvey moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor ......... 6.
NAYS: None' 0.
(Council Member Bowles was absent.)
469
11
ACTION:
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss a matter with regard to
disposition of publicly held property, specifically the
lease of parking spaces in City-owned garages, pursuant
to Section 2.1-344 (A)(3), Code of Virginia (1950), as
amended, was before Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss a matter with regard to disposition of publicly
held property, specifically the lease of parking spaces
in City-owned garages, pursuant to Section 2.1-344
(A)(3), Code of Virginia, (1950), as amended. The motion
was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor .......... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
STADIUM-PARKS AND PLAYGROUNDS: Mr. Donald F.
"Whitey" Taylor appeared before Council in connection
with auto racing at Victory Stadium, and requested that
Council authorize an increase in racing events from three
races which were held in 1991 to 20 races proposed to be
held in 1992 which will provide continuity for auto
racing in Victory Stadium, with the first race to take
place in May and the last race in September prior to
commencement of the high school football season.
Mr. Harvey asked that the City Manager provide
Council with a status report on 1991 race activities. He
advised that the City should be furnished with a definite
schedule setting for the racing dates proposed by Mr.
Taylor, working in conjunction with the Parks and
Recreation Department.
Upon question, the Director of Administration and
Public Safety advised that City staff is investigating
the issue of speaker system spill-over into the
surrounding neighborhoods near Vlctory Stadium; that the
47O
ACTION:
issue is more complex than was initially anticipated; and
the investigation will be completed and a plan of action
will be developed and submitted to Council prior to the
first race date, if, in fact, auto racing is approved by
Council for 1992.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W.,
Chairperson, Neighbo~s in South Roanoke, advised that the
City has developed the River's Edge Sports Complex which
has attracted high standard soccer tournaments to the
Roanoke Valley. She stated that Victory Stadium should
be utilized to its fullest and best potential in order to
meet the needs of all citizens of Roanoke; and if racing
is to be provided for the citizens of the Roanoke Valley,
the best possible auto racing should be held, and
standards used by the auto racing industry could be
adopted by the City of Roanoke as guidelines.
Mr. Harvey moved that Mr. Taylor's request be
referred to the City Manager for a status report on 1991
auto racing, and that the City Manager be requested to
submit his report to Council by Monday, February 10,
1992. The motion was seconded by Mr. Musser and adopted.
POLICE DEPARTMENT-YOUTH-COMPLAINTS: Mr. James R.
St. Clair, Jr., 1610 Lancaster Drive, N. W., member of
Concerned Citizens of Roanoke, spoke on behalf of Ms.
Mary C. Terry, Chairperson, who was unable to be present.
He advised that in September the organization initiated
a project of obtaining signatures on a petition urging
enforcement of the City's curfew law; however, they have
since discovered that the curfew law is not enforceable,
and a committee has been appointed by the City to review
the matter. He stated that Concerned Citizens of Roanoke
would like to go on record with the following
recommendations:
(1) The City's curfew law should be revised so
that it is enforceable.
(2)
The City's curfew law, when revised, should be
broken down into age groups, viz: 12 and
under, 13 to 15, and 16 to 17.
(3)
The school system, churches and news media
should be urged to educate youth and adults
with regard to the revised curfew law.
{4)
The City of Roanoke should develop a plan to
implement and finance the revised curfew law.
471
(§)
The City of Roanoke should evaluate its youth
program and develop a solution to problems
experienced by today's youth.
Mr. St. Clair called attention to concerns with
regard to illegal drug and crime activities that continue
to take place in specific areas of the City. He
commended the City for its efforts to date; however, he
stated that there are still areas that have not been
targeted; viz: 13th Street, N. W., 19th Street, N. W.,
Patterson Avenue, S. W., Salem Avenue, S. W., Third
Street, S. W., Fifth Street, S. W., Patton Avenue, N. W.,
Harrison Avenue, N. W., 800 block of Gilmer Avenue, N.
W., Fairfax Avenue, N. W., llth Street, N. W., Melrose
Avenue, N. W., the 1200 block of Lafayette Boulevard, N.
W., extending to Cove Road and into the Lansdowne Housing
Project area.
Mr. Robert Bennette, Sr., 109 13th Street, S. W.,
expressed concern that persons committing crimes are
arrested and almost immediately released due to
overcrowded conditions in the Roanoke City Jail. He
inquired as to why the Jail in the former post office
building across the street from the Municipal Building
could not be used to house prisoners when there is an
overflow situation at the City Jail. He advised that
individuals who are incarcerated need to be taught a
trade so that they will be in a position to earn an
adequate living upon their release.
Ms. Catherine Rutledge, 1836 Blenheim Road, S. W.,
addressed the matter of the drug problem, advising that
there are several areas in Roanoke where drug dealers and
users congregate, which areas are known to the Police
Department, but police officers do nothing about the
situation. She referred to condemned houses that could
be repaired and used by the homeless. She stated that
many children sell crack cocaine who are not old enough
to work, that others try to make a statement to the world
that they exist, and it would be beneficial if they could
be educated as to alternatives of making that statement
without the power of money, but with the power of the
mind and all of its activities.
Mr. Raymond Steptoe, 212 17th Street, S. W., advised
that many people, especially elderly citizens, are afraid
to leave their homes. He expressed concern over young
people who have no planned activities during the evening
hours.
472
ACTION:
Mr. St. Clair advised that if special activities are
planned for young people, it could make a positive
difference in their lives. He stated that recreational
activities should be made available for youth, especially
during the winter months; that the City owns the
necessary facilities, and it is up to Council to make the
facilities available. He added that Concerned Citizens
of Roanoke stand ready to work with the City of Roanoke
to carryout recreational programs for the City's youth.
The City Manager advised that the curfew law is
enforceable, however, it needs reworking in terms of
present day situations, that it has proven to be a
valuable tool to the Police Department in certain
instances, and police officers routinely use the curfew
law when it is necessary to break up a crowd of young
people. He pointed out that the Director of
Administration and Public Safety and the Director of
Human Resources hav~ been requested to access a broad
sector of the community involved in the issue, including
representatives from the Social Services Department, the
Police Department, a Judge from the Juvenile and Domestic
Relations District Court, as well as their respective
staffs; and the committee will perform broad research
from not only the Commonwealth of Virginia, but from
across the United States in the hopes that the issue has
been successfully resolved over the long term.
Mr. Harvey moved that the remarks of the abovenamed
individuals be referred to the City Manager for his
information in connection with his study of the matter.
The motion was seconded by Mr. Fitzpatrick and adopted.
PETITIONS AND COMMUNICATIONS: None
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None
ITEMS RECOMMENDED FOR ACTION:
HOUSING-GRANTS: The City Manager submitted a
written report advising that $220,000.00 from the
Virginia Department of Housing and Community
Development's Single Family Rehabilitation and Energy
Conversation Loan Program and $240,000.00 in Community
Development Block Grant (CDBG) funds were allocated to
the Home Purchase Assistance Program by Council on
June 26, 1989, thereby allowing the City to provide loans
473
to low-moderate income households agreeing to buy and
repair approximately 18-20 certain identified substandard
houses; and the Program is administered Jointly by the
City and the Roanoke Redevelopment and Housing Authority
(RP~A) ·
It was further advised that real estate options were
selected as the best way to allow the City to implement
the Home Purchase Assistance Program; that the options
define the property owner's and the City's
responsibilities under the Program, establish a purchase
price for the property, allow the City to access the
property, and market the property for sale to qualifying
low and moderate income purchasers in the Program through
assignment of the Real Estate Option, which provides for
a direct sale of the property from the current owner to
the purchaser selected through the Program; that the City
will not exercise any option and will not actually
purchase any property in the Program; that should the
City be unable to find a buyer for the property, the real
estate option would be allowed to expire; and Council
previously authorized the City Manager to execute options
with individual property owners of several properties to
be included in the Home Purchase Assistance Program.
The City Manager explained that a Real Estate Option
has been executed by the owner of a vacant single-family
home located at 915 Eighth Street, N. W. (City assessment
$15,700.00); that the option is offered at $20,000.00;
that Housing Development staff has determined that the
offered price is reasonable to allow the home to be
included in the Program; and Council's authorization is
needed in order for the City Manager to execute a Real
Estate Option with the owners of the property to be
marketed through the Program.
The City Manager recommended that he be authorized
to execute a Real Estate Option on real estate located at
915 Eighth Street, N. W., in a form to be approved by the
City Attorney, with Marlean Kasey, owner of the property.
(For full text, see report on file in the City Clerk's
Office.)
474
ACTION:
Mr. Harvey offered the following emergency
Ordinance:
(#30843-011392) AN ORDINANCE authorizing a certain
real estate option to be entered into in connection with
the Home Purchase Assistance Program; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 307.)
Mr. Harvey moved the adoption of Ordinance No.
30843-011392. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
POLICE DEPARTMENT-COURTS FACILITY: The City Manager
submitted a written report concurring in a report of a
bid committee with regard to pedestrian bridge repalr to
the connection between the Courts Facility and the Police
Building.
The bid committes recommended that Council authorize
the City Manager to enter into a contractual agreement,
in a form approved by the City Attorney, with Gardner-
Smith, Inc., in the amount of $13,500.00 and 45
consecutive calendar days for completion of the work;
that Council appropriate $15,525.00 to Account No. 001-
052-4330-3056, Building Maintenance, Outside Contracts,
with a corresponding increase in the revenue estimate for
Insurance Recoveries, Account No. 001-020-1234-0862; and
reject all other bids received by the City.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30844-011392) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 308.)
475
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
30844-011392. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Bowles was absent.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30845-011392) AN ORDINANCE accepting the bid of
Gardner-Smith, Inc., of Salem, Virginia, for repair of
the pedestrian bridge from the Courts Facility to the
Police Building at 315 Church Avenue, S. W., upon certain
terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 309.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30845-011392. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor ..... 6.
NAYS: None. 0.
(Council Member Bowles was absent.)
REPORTS OF COMMITTEES: None
UNFINISHED BUSINESS: None
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None
MOTIONS AND MISCELLANEOUS BUSINESS: None
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None
OTHER HEARINGS OF CITIZENS: None
476
ACTION:
ACTION:
At 8:55 p.m., the Mayor declared the meeting in
recess.
At 9:40 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Member Bowles.
COUNCIL: With r~spect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor ....... 6.
NAYS: None
®
(Council Member Bowles was absent.)
ECONOMIC DEVELOPMENT COMMISSION: The Mayor advised
that there is a vacancy on the Economic Development
Commission, created by the resignation of L. Graham
Haynie, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name
Kenneth L. Prickitt.
of
There being no further nominations, Mr. Prickitt was
elected as a member of the Economic Development
Commission, for a term ending June 30, 1994, by the
following vote:
FOR MR. PRICKITT: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ...... 6.
(Council Member Bowles was absent.)
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES): The
Mayor advised that there is a vacancy on the Mental
Health Services Board of Directors and called for
nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Susan J.
Cloeter.
477
ACTION:
There being no further nominations, Ms. Cloeter was
elected as a member of the Mental Health Services Board
of Directors, for a term ending December 31, 1994, by the
following vote:
FOR MS. CLOETER: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor- 6.
(Council Member Bowles was absent.)
HOUSING-PARKING GARAGES: The City Manager submitted
a written report .advising that Council annually
establishes the monthly parking rate to be charged at
each of either the City owned or the City operated
parking garages and lots; that, historically, the City
Achninistration has reconu~ended and Council has approved
"flat" rates with no discount for volume monthly parking;
that volume monthly parking customers, defined as a
single business entity with 600 or more employees who
park in municipal or Roanoke Redevelopment and Housing
Authority parking facilities, presently number three and
at least one of these customers has indicated a
willingness to expand its work force and rent additional
monthly parking spaces if the monthly parking rate is
discounted; and, in addition, there has been inquiry
regarding the same from at least one additional potential
volume monthly parking customer.
It was further advised that monthly parking space
availability currently exists in two of five parking
garages owned or operated by the City; and establishing
a volume monthly parking discount rate requires action by
Council
The City Manager recommended that Council approve a
monthly parking discount rate, not to exceed ten per
cent, for those volume monthly parking customers who rent
at least 600 monthly parking spaces per month in City
and/or Roanoke Redevelopment and Housing Authority owned
or operated garages or lots and who pay for said spaces
in full with one monthly remittance.
(For full text, see report on file in the City Clerk's
Office.)
478
Mr. Musser offered the following Resolution:
ACTION:
(#30846-011392) A RESOLUTION endorsing a volume
monthly parking discount rate in City or City of Roanoke
Redevelopment and Housing Authority owned or operated
parking garages or lots.
(For full text of Resolution, see Resolution Book No. 53,
page 310.)
Mr. Musser moved the adoption of Resolution No.
30846-011392. The motion was seconded byMr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor--- 6.
NAYS: None 0.
(Council Member Bowles was absent.)
There being no further business, the
meeting adjourned at 9:45 p.m.
Mayor
declared the
ATTE ST:
City Clerk
APROVE D
479
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
January 21, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Tuesday, January 21,
1992, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, ~egular Meetings~ of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Howard E. Musser, William
White, Sr., David A. Bowers and Mayor Noel C. Taylor ........... 7.
ABSENT: NONE 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; Wllburn C. Dibling, Jr.,
City Attorney; James D. Grisso, Deputy Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Nicholas G. Bacalis, Pastor, Holy Trinity Greek. Orthodox Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
PUBLIC HEARINGS
CITY CHARTER-LEGISLATION-SCHOOLS: Pursuant to
motion adopted by Council on Monday, January 6, 1992, the
City Clerk having advertised a public hearing for
Tuesday, January 21, 1992, at 2:00 p.m., or as soon
thereafter as the matter may be heard, to consider a
proposed amendment to the Roanoke City Charter which
would authorize the School Board to establish the school
calendar so that the first day students are required to
attend school may be prior to Labor Day, the matter was
before the body.
480
ACTION:
Legal advertisement of the public hearing was
published in the Roanoke Times & World News on Friday,
January 10, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
The City Attorney submitted a written report with
regard to the proposed City Charter amendment, advising
that the 1992 Legislative Program, adopted by Council on
November 11, 1991, requests the General Assembly to amend
the State Code to permit the School Board to establish a
school opening date earlier than Labor Day; that in
discussion with members of the General Assembly, it was
learned that the best way to accomplish the matter is
through a Charter amendment; and at the January 6, 1992,
meeting of Council, it was requested and Council
concurred in establishment of a public hearing with
respect to the proposed Charter amendment.
It was further advised that the public hearing, ~
which has been properly advertised pursuant to Section
15.1-835, Code of Virginia (1950), as amended, will offer
all citizens the opportunity to be heard to determine if
the citizens of the qity desire that Council request the
General Assembly to amend the Charter as above set forth.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30847-012192) A RESOLUTION requesting the 1992
Session of the General Assembly of Virginia to enact a
certain amendment to the Roanoke Charter of 1952, as
amended.
(For full text of Resolution, see Resolution Book No. 53,
page 325.)
Mr. White moved the adoption of Resolution No.
30847-012192. The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons present who
would like to address Council with regard to the proposed
City Charter amendment. There being none, Resolution No.
30847-012192 was adopted by the following vote:
481
ACTION:
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ........... 7.
NAYS: None 0.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
attention to one request for an Executive Session to
discuss a personnel matter.
MINUTES: Minutes of the special meeting of Council
held on Monday, October 14, 1991; the regular meetings of
Council held on Monday, October 14, 1991 and Monday,
October 21, 1991; the special meeting of Council held on
Wednesday, October 23, 1991; and the regular meeting of
Council held on Monday, October 28, 1991, were before the
body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor- 7.
NAYS: None' 0.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of
qualification of Gary Waldo as a member of the Roanoke
Neighborhood Partnership Steering Committee, for a term
ending November 9, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
482
ACTION:
ACTION:
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ........ 7.
NAYS: None
-0.
CITY EMPLOYEES-~ERSONNEL DEPARTMENT: A report of
qualification of Kitty J. Boitnott as a member of the
Personnel and Employment Practices Commission, for a term
ending June 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor .... 7.
NAYS: None
INDUSTRIES: A report of qualification of
Margaret R. Baker as a Director of the Industrial
Development Authority, for a term ending October 20,
1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor-- 7.
NAYS: None 0.
CIVIC CENTER: A report of qualification of
Margaret R. Baker as a member of the Roanoke Civic Center
Commission, for a term ending September 30, 1994, was
before COuncil.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
483
Ii
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor-- 7.
NAYS: None 0.
COUNCIL: An oral request of Vice-Mayor Musser for
an Executive Session to discuss a personnel matter, being
the appointment of a specific public officer, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended, was before Council.
Mrs. Bowles moved that Council concur in the request
of the Vice-Mayor to convene in Executive Session to
discuss a personnel matter, being the appointment of a
specific public officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia, (1950), as amended. The motion
was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor- 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of $270,000.00
representing the second request for proceeds from the
1991 Capital Maintenance and Equipment Replacement Fund,
advising that the proceeds will provide funds for roof
replacement at Lincoln Terrace Elementary School and
renovations at Addison Middle School for the magnet
program, was before Council.
A report of thW Director of Finance concurring in
the request of the School Board, advising that
appropriation of $270,000.00 from the $830,755.00 School
portion of Capital Maintenance and Equipment Replacement
(CMERP) Funds is the second request for appropriation of
fiscal year 1991-92 CMERP funds, and the School Board's
remaining balance totals $291,797.00, was also before
Council.
(For full text, see communication and report on file in
the City Clerk's Office.)
484
ACTION:
ACTION:
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30848-012192) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 326.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30848-012192. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council ~embers Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor- 7.
NAYS: None -0.
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of $65,000.00
in order to implement full-day kindergarten at the
remaining four elementary schools for the second semester
of the 1991-92 school year, was before Council.
A report of the Director of Finance concurring in
the request of the School Board, advising that funds are
provided by additional state aid, was also before
Council.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30849-012192) AN ORDINaNCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 327.)
Mr. Fitzpatrick.moved the adoption of Ordinance No.
30849-012192. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ......... 7.
NAYS: None 0.
485
tl
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMAN RESOURCES: The City Manager submitted
a written report with regard to a request for additional
day care funds, advising that day care for children of
parents who are mandated to seek employment while
receiving financial assistance for dependent children or
food stamps is arranged and paid for by the Department of
Social Services; that parents must participate in job
search or career exploration if they do not become
employed; that employed parents are eligible for day care
on a sliding fee sca%e up to 12 months after they are no
longer eligible for a money payment from Social Services;
and parents whose earnings make them eligible for
financial assistance through the Aid to Dependent
Children Program, but still have day care needs, are
eligible through the Federal Jobs Program.
It was further advised that the Department of Social
Services underestimated the growth in the number of
children who would need day care services when the
department submitted its budget request for fiscal year
1991-92; that the number of children served have
increased from 262 in December, 1990 to 591 in December
1991, because the Jobs Bill mandates more recipients for
Job Training and Employment; that the projected deficit
is $450,000.00 in day care funds for the remainder of
fiscal year 1991-92; and the State Department of Social
Services will reimburse 90 per cent or $405,000.00 of
this amount, and local funds of $45,000.00 are needed to
match State funds.
The City Manager recommended that Council authorize
the transfer of $45,000.00 from General Fund Contingency,
Account No. 001-002-9410-2199, to Department of Social
Services, Account No. 001-054-5314-3159; and increase the
revenue estimate of funds received from the State
Department of Social Services, Account No. 001-020-1234-
0686, with a corresponding increase in Expenditure
Account No. 001-054-5314-3159 by $405,000.00.
(For full text, see ~eport on file in the City Clerk's
Office.)
486
ACTION:
Mr. Musser offered the following emergency budget
Ordinance:
(#30850-012192) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
AppropriatlQns, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 328.)
Mr. Musser moved the adoption of Ordinance No.
30850-012192. The motion was seconded byMr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ........ 7.
NAYS: None 0.
BUDGET-GRANTS-EMERGENCY MEDICAL SERVICES-FIRE
DEPARTMENT: The City Manager submitted a written report
with regard to acceptance of a Rescue Squad Assistance
Fund Grant, advising that on March 1, 1991, a Fire
Department Emergency Medical Service First Responder
Program was implemented at Fire ~tation No. 4 (Deyerle
Road) and No. 11 (Garden City) areas; that Council
approved construction of a new fire station in the Route
460 East Corridor (Station No. 14); that a Fire
Department First Responder Program in Fire Station No. 14
was also approved to reduce response times to medical
emergencies in that particular area; and the City Manager
authorized a grant application from the Commonwealth of
Virginia, Department of Health, Division of Emergency
Medical Services, Rescue Squad Assistance Fund, for a
50/50 grant to purchase an automatic defibrillator which
is essential for an effective First Responder Program at
the 460 East Fire Station.
It was further advised that in February 1992,
construction of the new 460 East Fire Station is
scheduled to be complete; that fire suppression
activities will begin immediately upon acceptance; that
Emergency Medical Technician (EMT) Training for First
Responders began on January 6 for 30 firefighters, some
of whom will be assigned to Fire Station No. 14; that
Emergency Medical Technician training will be complete by
May 1992; that the First Responder Program is scheduled
to begin on July 1, 1992, in order to reduce the current
487
AC?ION:
average Emergency Medical Services response time of 8.92
minutes by 4 minutes to this outlying area of the City;
and Grant No. WV-Gl(12/91) for a Heartstart 1000
automatic defibrillator was approved in the amount of
$2,350.00.
The City Manager recommended acceptance of a grant,
in the amount of $2,350.00, from the Commonwealth of
Virginia, Department of Health, Division of Emergency
Medical Services Rescue Squad Assistance Fund; that
Council authorize appropriation of $2,350.00 to Account
No. 001-050-3521-9015, increase General Fund revenue
estimate in the amount of $2,350.00; and transfer
$2,350.00 from Fire Department Training and Development,
Account No. 001-050-3211-2044, to Department of Emergency
Medical Services, Capital Account No. 001-050-3521-9015.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(~30851-012192) AN ORDINANCE to amend and reordatn
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Or~inance, see Ordinance Book No. 53,
page 329.)
Mrs. Bowles moved the adoption of Ordinance No.
30851-012192. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................. 7.
NAYS: None 0.
Mrs. Bowles offered the following Resolution:
(#30852-012192) A RESOLUTION accepting a certain
Rescue Squad Assistance Grant offer made to the City by
the Commonwealth of Virginia, Department of Health,
Division of Emergency Medical Services; and authorizing
execution of the Grant Agreement on behalf of the City.
(For full text of Resolution, see Resolution Book No. 53,
page 330.)
488
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Resolution No.
30852-012192. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ....... 7.
NAYS: None 0.
ROANOKE VALLEY RESOURCE AUTHORITY-REFUSE COLLECTION:
The City Manager submitted a written report with regard
to a time extension for the City of Salem and Montgomery
County to consider Joining the Roanoke Valley Resource
Authority, advising that the October 23, 1991 Use
Agreement between Roanoke City, Roanoke County, the
Roanoke County Resource Authority and the Town of Vinton
provided for a 90-day window of opportunity for the City
of Salem and Montgomery County to consider joining, under
certain conditions, the Roanoke Valley Resource
Authority; that the City of Salem has requested a 60-day
time extension; and time delays dealing with such items
as old landfill liabilities and transfer station
placements, coupled with the recent holidays, make the
extension a reasonable request.
The City Manager recommended that Council concur in
the request for a 60-day time extension for the City of
Salem and the County of Montgomery to consider joining
the Roanoke Valley Resource Authority.
(For full text, see report on file in the City Clerk's
Office.) .
Mr. Fitzpatrick offered the following Resolution:
(#30853-012192) A RESOLUTION expressing the intent
of the City of Roanoke that the City of Salem and the
County of Montgomery shall each be accorded an additional
sixty (60) days in which to reach an agreement with
respect to the terms and conditions of either the City of
Salem's or the Count¥of Montgomery's joining the Roanoke
Valley Resource Authority.
(For full text of Resolution, see Resolution Book No. 53,
page 331.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30853-012192. The motion was seconded by Mr. Harvey and
adopted by the following vote:
489
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ..... 7.
NAYS: None --- 0.
BUDGET-FIRE DEPARTMENT-GRANTS-EQUIPMENT: The City
Manager submitted a written report, advising that the
Fire Program Fund was established by the General
Assembly, effective October 4, 1985, pursuant to Section
38.1-44.1 of the Code of Virginia; that the sunset clause
requiring expiration of the Program on July 1, 1990, has
not been removed; that the City's annual allotment of
State funds will continue indefinitely; that revenue to
support the Program is derived from an .8 per cent
surcharge on all fire insurance premiums throughout the
Commonwealth; and Program guidelines require that funds
received are to be non-supplanting and must be used in
accordance with provisions established by the State
Department of Fire Programs.
It was further advised that funds provided by the
Fire Program Fund may be used for the following purposes:
Fire service training - the Fire Department
may use money received to purchase equipment
for training programs, employment of outside
instruction and tuition reimbursement of
approved training.
Regional fire service training facilities -
funds may be used to construct, improve and
expand regional fire service training
facilities.
Firefighting equipment/apparatus - funds may
be used . to purchase fire apparatus,
specialized response vehicles, fire hose,
forcible entry tools, ladders, and radio
equipment.
Personal protective clothing - funds may be
used to purchase helmets, eye protection,
protective hoods, boots, coats, pants and
gloves.
The City Manager explained that the City's allotment
of funds, in the amount of $92,543.49, was received by
the City Treasurer on June 28, 1991; and action by
Council is needed to formally accept and appropriate the
funds, and to enable the Director of Finance to establish
revenue estimates and appropriation accounts in the
490
ACTION:
Grants Program Fund in order to purchase equipment and
supplies in accordance with provisions of the Program, as
follows:
Fire Suppression Vehicular Equipment -
$76,000.00. To purchase and/or refurbish
improved fire suppression equipment. Bids
will be advertised and brought to Council at a
future date for final approval.
Training and Development - $16,543.49. To
purchase training films, books and manuals to
be used in the Department's training program.
The City Manager recommended that Council authorize
acceptance of funds from the State Department of Fire
Programs and appropriate said funds to expenditure
accounts for the procurement of materials and equipment
for training and development, as well as fire suppression
equipment.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#30854-012192) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 332.)
Mr. Harvey moved the adoption of Ordinance No.
30854-012192. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor-- 7.
NAYS: None 0.
491
ACTION:
Mr. Harvey offered the following Resolution:
(#30855-012192) A RESOLUTION accepting a certain
Fire Program Fund Grant offer made to the City by the
Department of Fire Programs of the Commonwealth of
Virginia and authorizing execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 53,
page 333.)
Mr. Harvey moved the adoption of Resolution No.
30855-012192. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor--- --7.
NAYS: None-
REPORTS OF COMMITTEES: None
UNFINISHED BUSINESS: None
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING-CITY CODE-FLOOD CONTROL (FLOOD PLAIN
COMMITTEE)-PLANNING: Ordinance No. 30839-012192
providing for proposed amendments and revisions to
Chapter 36.1, Zoning, of the Code of the City of Roanoke
(1979), as amended, relating to Flood Plain Regulations,
having previously been before the Council for its first
reading on Monday, January 13, 1992, read and adopted on
its first reading and laid over, was again before the
body, Mr. Musser offering the following for its second
reading and final adoption:
(#30839-012192) AN ORDINANCE repealing S36.1-361,
Floodplain districts; definitions; S36.1-362,
Application; S36.1-363, Floodway district regulations;
~36.1-364, Floodway fringe district and approximated
floodplain district regulations; ~36.1-365, Shallow
flooding district regulations; ~36.1-366, Zon!nq Dermit,
limitation on used activity and development; S36.1-367,
Existinq structures in floodplain districts; and ~36.1-
368, Variances; and enacting new S36.1-361, Floodplain
manaqement regulations~ definitions; ~36.1-362,
Establishment of floodplain areas; ~36.1-363,
Application; ~36.1-364, Floodplain development
regulations; ~36.1-365, Permitted uses; ~36.1-366,
492
ACTION=
Special exception uses; S36.1-367, Design criteria for
public utilities and facilities; S36.1-368, Existing
structures in the floodplain; S36.1-369, Variances;
§36.1-370, Procedure for variances and special exception
uses in floodways, and ~36.1-371, Abrogation and greater
~estrictip. ns, of the Code of the City of Roanoke (1979),
as amended, such additions relating to definitions of
Base flood/one-hundred year flood, Channel, Development,
Flood, Floodplain, Floodway, Historic structures, Lowest
floor, Substantial improvement, and Watercourse; the
establishment of Floodplain Areas; the application of
Floodplain Areas and Flood-fringe Areas; the
establishment of Floodplain development regulations;
permitted uses; special exception uses; design criteria
for public utilities and facilities; existing structures
in the Floodplain; variances; the procedure for variances
and special exception uses in Floodways; and abrogation
and greater restrictions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 311.)
Mr. Musser moved the adoption of Ordinance No.
30839-012192. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ......... 7.
NAYS: None' 0.
ZONING: Ordinance No. 30440-012192 rezoning a tract
of land located at 1925 Peters Creek Road, N. W.,
identified as Official Tax No. 6380102 and a portion of
Official Tax No. 6380101, from RS-3, Residential Single-
Family District, to C-2, General Commercial District,
having previously been before the Council for its first
reading on Monday, January 13, 1992, read and adopted on
its first reading and laid over, was again before the
body, Mk. Bowers offering the following for its second
reading and final adoption:
(~30840-012192) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 638, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Or~inance, see Ordinance Book No. 53,
page 323.)
!
493
ACTION:
Mr. Bowers moved the adoption of Ordinance No.
30840-012192. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ........ 7.
NAYS: None-
MOTIONS AND MISCELLANEOUS BUSINESS: None
INQUIRIES AND/OR COMMENTS BY THE MAYOR Ah~ MEMBERS
OF COUNCIL: None
OTHER HEARINGS OF CITIZENS:
WATER DEPARTMENT: The Director of Utilities and
Operations presented a written report of the City
Manager, advising that the City has entered into a
contract with Acorn Construction Company for renovation
work at Falling Creek Filter Plant, in the amount of
$1,350,921.92; that the contract is substantially
complete, however, additional work needs to be ~erformed
tivel control the treatment process, and the
to.eff~c ~ ~,~--~ ~k relates to the purchase agd
ma or item or uuu~u,.u~ _v- . inters ~n
in~tallation of two valves, with readers/pr ·
order to control the flow rate.
It was further advised that a total change order, in
an amount not to exceed $24,514.00, is necessary and will
take approximately ten weeks due to delivery time on the
valves; that timing is critical inasmuch as spring high
demand flows are approaching; that $18,274.00 of the
anticipated change order is due to the equipment which is
classified as propriety equipment; and remaining costs
are reasonable, however, City staff has determined that
it will be in the City's best interest to negotiate a
"price not to exceed" rather than a "lump sum price."
The City Manager explained that he has authorized
the Project Manager to instruct the contractor to proceed
under the provisions of Section 41 of the City Charter
dealing with emergency procurement as soon as the precise
details of the change order are resolved and com~itted to
writing; and final details of the change order will be
presented to Council at a later date for ratification.
(For full text, see report on file in the City Clerk's
Office.)
494
ACTION:
ELECTIONS-COUNCIL: The Mayor appointed Jan D.
Garrett as Vice-Chairperson of the Citizens Task Force to
Study Alternative Election Procedures for City Council.
At 2:25 p.m., the Mayor declared the meeting in
recess.
At 3:20 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
ACTION:
COUNCIL: With respect to the Executive Session just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................. 7.
NAYS: None 01
There being no further ~usiness, the Mayor declared the
meeting adjourned at 3:22 p.m.
ATTEST:
City Clerk
APPROVED
495
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
January 27, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, January 27,
1992, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetinqs, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members James G. Harvey, II, Howard E.
Musser, William White, Sr., David A. Bowers, Elizabeth T. Bowles
and Mayor Noel C. Taylor ............ 6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling, Jr.,
City Attorney; Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Randy
Garner, Pastor, Valley View Wesleyan Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
CITIZEN OF THE YEAR: On behalf of the Members of
Council, the Mayor a'dvised that it was his pleasure to
announce that Mr. George W. Sanderson has been designated
as Roanoke's 1991 Citizen of the Year.
The Mayor further advised that the honoree is a man
of extraordinary talent, having served as Chairman of the
Board of Directors of the Center for Independence for the
Disabled, Inc., Chairman of the Membership Committee of
the Mayor's Committee for the Disabled, a volunteer with
the Virginia Department for the Visually Handicapped, and
a reader for the Voice of the Blue Ridge Radio Reading
Service. He stated that Mr. Sanderson was instrumental
in the davelopment of Roanoke's first Center for
Independence for the Disabled, and he is one of three Co-
Chairpersons to serve on the Task Force on Community
Relations. He further stated that Mr. Sanderson has
496
ACTION:
consistently added to the City's progress ~n race
relations, law enforcement improvements, and coalition
building in such a way so as to make him an ideal choice
for Citizen of the Year.
Mayor Taylor unveiled the Citizen of the Year
plaque, which includes a photograph of Mr. Sanderson with
the following inscription, "George W. Sanderson, 1991
Citizen of the Year," and is displayed in the Lobby of
the Municipal Building. He presented Mr. Sanderson with
his own personalized plaque, as well as a "Key to the
City of Roanoke" which is the highest honor bestowed by
the City.
The Mayor presented Mrs. Sanderson with a "Crystal
Star" which is symbolic of the star on Mill Mountain as
a token of appreciation for permitting the City to call
upon the talents of her husband in so many countless
ways.
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.
SCHOOLS-LEGISLATION: A communication from the
Roanoke City School Board advising that Messrs. Finn D.
Pincus and Thomas L. Orr were appointed to serve on
Council's Legislative Committee, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be received
and filed. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
497
ACTION:
ACTION:
ROANOKE ARTS COMMISSION: A communication from Mr.
Kemper A. Dobbins tendering his resignation as a member
of the Roanoke Arts Commission due to ill health, was
before Council.
(For full text, see com~unication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be received
and filed, and that the resignation be accepted with
regret. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor ........................ 6.
NAYS: None. 0.
(Council Member Fitzpatrick was absent.)
ROANOKE ARTS COMMISSION: A communication from Ms.
Elizabeth K. Bernard tendering her resignation as a
member of the Roanoke Arts Commission due to a heavy
schedule which includes teaching, professional activities
and other previous commitments, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be received
and filed, and that the resignation be accepted with
regret. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor ........................ 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
ROANOKE NEIGNB6RHOOD PARTNERSHIP: A report of
qualification of Lawrence M. Taylor as a member of the
Roanoke Neighborhood Partnership Steering Committee, for
a term ending November 9, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
498
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE:
A report of qualification of Keith A. Johnson as a member
of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 11, 1992, was
before Council. .
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor ......... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
ECONOMIC DEVELOPMENT COMMISSION: A report of
qualification of Kenneth L. Prtckitt as a member of the
Economic Development Commission, for a term ending June
30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor .............. 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
: 499
ACTION:
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES BOARD OF
DIRECTORS): A report of qualification of Susan J.
Cloeter as a member of the Mental Health Services Board
of Directors, for a term ending December 31, 1994, was
before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor ......... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
'REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None
PETITIONS AND COMMUNICATIONS: None
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
REFUSE COLLECTION: Ms. Laura Wasko, Recycling
Coordinator, advised that recently the Clean Valley
Council held a Business and Recycling Exhibition in which
over 130 representatives from the fields of insurance,
banking, hotel, medical, industrial and utility
companies, as well as local government employees, were in
attendance. She explained that topics which were
discussed during the Exhibition included how to plan a
recycling program and legal issues including State
mandates, advising that this year alone, approximately 42
new bills will be introduced in the General Assembly with
regard to solid waste. She pointed out that other issues
discussed duzing the workshop pertained to overcoming
barriers to recycling, as well as waste minimization, and
speakers were from the Roanoke Valley primarily. She
explained that approximately two-thirds of the waste in
the Roanoke Valley is generated by business and industry,
and several months ago those individuals working in the
solid waste management field decided that it was
500
necessary to address businesses on the matter; therefor,
with assistance of the Clean Valley Council, Roanoke
County and the City of Roanoke reached the consensus that
one method of teaching businesses about recycling would
be through the introduction of a recycling video which
would act as a companion to the Business Waste Recycling
Guide, and it was decided to introduce the video at the
Business Waste and Recycling Exhibition. She added that
the City and the County pooled their recycling education
funds and worked with the Clean Valley Council to produce
an 18 minute video at a cost of less than $10,000.00,
advising that the video will be sold to businesses at a
cost of $22.00 per copy and it will be made available
through the local library system. She stated that the
video is the first of its kind in the Commonwealth of
Virginia.
At this point, the Mayor and Members of Council
viewed the video in its entirety.
ITEMS RECOMMENDED FOR ACTION:
HOUSING-GRANTS-PLANNING: The City Manager submitted
a written report advising that Council approved the
fiscal year 1992 Community Development Block Grant budget
and Statement of Objectives on May 13, 1991, pursuant to
Resolution No. 30508-051391; that Council approved
Amendment No. 1 to the fiscal year 1992 CDBG budget on
November 11, 1991, to provide partial funding of the
Total Action Against Poverty Transitional Living Center,
in the amount of $20,000.00 in previously undesignated
CDBG program income; and Council approved Amendment No.
2 to the fiscal year 1992 CDBG budget on January 13,
1992, to provide for reactivation of the Private
Rehabilitation Loan Program and Vacant Lot Homesteading
Program in the amounts of $40,000.00 for the Private
Rehabilitation Loan Program and $20,000.00 for the Vacant
Lot Homesteading Program.
It was further advised that the City's Housing
Office has requested transfer of $60,000.00 from the CDBG
Home Purchase Assistance Program to an account to provide
for down payment and closing cost assistance to first
time home buyers throughout the City; that new Department
of Housing and Urban Development regulations allow the
City or the Housing Authority to provide assistance,
however, an amendment to the CDBG program is required;
that citizen participation requirements call for an
evening public hearing to amend the CDBG program and
501
,!
ACTION:
budget in order to add new programs and/or activities;
and presentation of an amended 1992 CDBG program and
budget to include the Downtown Assistance Program will be
made to Council on February 10, 1992.
The City Manager recommended that Council authorize
a public hearing to be held on Monday, February 10, 1992,
to receive public comments on proposed amendments to the
1991-92 Community Development Block Grant program,
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that Council concur in the
recommendation of the City Manager that a public hearing
be held on Monday, February 10, 1992, at 7:30 p.m., or as
soon thereafter as the matter may be heard. The motion
was seconded by Mr. Musser and adopted.
BUDGET-JUVENILE DETENTION HOME: The City Manager
submitted a written report, advising that the City
receives funds from the U. S. Department of Agriculture,
through the Virginia Department of Corrections, to
enhance the food service programs of the Crisis
Intervention Center, Juvenile Probation House, and
Juvenile Detention Home; and U. S. Department of
Agriculture funds for the fourth quarter of fiscal year
1991, and the first and second quarters of fiscal year
1992 have been received for said facilities, as follows:
Crisis Intervention
Juvenile Probation House
Juvenile Detention Home
$ 3,226.69
1,728.33
10~241.21
$ 15,196.23
It was further advised that Department of
Agriculture funds usage regulations require that the
funds be used for equipment and repairs, as well as food
and labor costs of food service workers.
The City Manager recommended appropriation of U. S.
Department of Agriculture funds to the Crisis
Intervention Center, Juvenile Probation House and
Juvenile Detention Home, and increase corresponding
revenue estimates as follows:
1. Crisis Intervention Center - Revenue
001-020-1234-0661 - U. S. Department of
Agriculture - Crisis Intervention $3,226.69 to
Account No. 001-054-3360-3000
5O2
ACTION:
ACTION=
2. Juvenile Probation House - Revenue
001-020-1234-0662 - U. S. Department of
Agriculture - Youth Haven $1,728.33 to Account
No. 001-054-3350-3000
3. Juvenile Detention Home - Revenue
001-020-1234-0660 - U. S. Department of
Agriculture -Juvenile Detention $10,241.21 to
Account No. 001-054-3320-3000
Total revenue and appropriations $15,196.23
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#30856-012792) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 334.)
Mr. Musser moved the adoption of Ordinance No.
30856-012792. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor ...... 6.
NAYS: None ......
O.
(Council Member Fitzpatrick was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance
submitted the Financial Report for the City of Roanoke
for the month of December, 1991.
(For full text, see Financial Report on file in the City
Clerk's Office.)
Mr. Bowers moved that the Financial Report be
received and filed. The motion was seconded by Mrs.
Bowles and adopted.
503
'rll
BUDGET-BONDS-CAPITAL IMPROVEMENTS PROGRAM-WATER
DEPARTMENT: The Director of Finance submitted a written
report with regard to appropriation of 1992 Bond
Proceeds, advising that proceeds from the sale of Public
Improvement Bonds, Series 1992, in the amount of
$68,720,000.00, were received on January 7, 1992, said
bonds having been issued for the following purposes:
Public Improvements
Water Plant Expansion
Tower Parking Garage
Refunding of 1985 Public
Improvement Bonds
$15,250,000.00
29,505,000.00
6,800,000.00
17 t 165..w000.00
$68,720..,000.0Q
It was further advised that an escrow agent received
$17,165,000.00 of the proceeds for refund of the 1985
Public Improvement Bonds; and remaining bond proceeds
need to be appropriated in Capital Projects and Water
Funds to the following categories:
Capital Pro~ects Fund
Public Buildings
Public Schools
Storm Drains
3,500,000.00
4,000,000.00
7,600,000.00
Streets and Bridges
150w000.00
15,2... o,ooo.o_o
Parking Garage
$,, 6,800,000.0Q
Water Fund
Water Plant Exp~nsion
29,505,000.00
The Director of Finance pointed out that in the
future, as specific projects are approved, funds will be
transferred to specific capital accounts upon adoption by
Council of appropriate budget ordinances.
504
ACTION:
ACTION:
The Director of Finance recommended adoption of a
budget ordinance appropriating bond proceeds to the
abovedescribed categories.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#30857-012792) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Water and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance.Book No. 53,
page 335.)
Mrs. Bowles moved the adoption of Ordinance No.
30857-012792. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor-- 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report
advising of expiration of the terms of office of
Sallye T. Coleman and Thomas L. Orr as Trustees of the
Roanoke City School Board on June 30, 1992, and that
applications for the upcoming vacancies will be received
in the City Clerk's Office until 5:00 p.m., on Tuesday,
March 10, 1992.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the report be received and
filed. The motion, was seconded by Mr. Musser and
adopted.
REPORTS OF COMMITTEES: None
UNFINISHED BUSINESS: None
INTRODUCTION ~ CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None
505
MOTIONS AND MISCELLANEOUS BUSINESS: None
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None
OTHER HEARINGS OF CITIZENS: None
There being no further business,
meeting adjourned at 2:55 p.m.
APPROVED
the
ATTEST: ~~
City Clerk
Mayor declared the
506
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
February 3, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, February 3,
1992, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings~ of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Howard E. Musser, William White,
Sr., David A. Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., James G. Harvey, II, and Mayor Noel C. Taylor .............. 7.
ABSENT: None---
-0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling, Jr.,
City Attorney; Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City ClErk.
The meeting was opened with a prayer by The Reverend George E.
Stevenson, Pastor, East Gate Church of the Nazarene.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; and a
personnel matter, being the appointment of a specific
public officer.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
'" 507
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
PENDING LIST: A list of items pending from July 10,
1978, through January 27, 1992, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mrs. Bowles moved that the pending list be received
and filed. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
COUNCIL: A communication from Vice-Mayor Howard E.
Musser requesting that Council meet in Executive Session
to discuss a personnel matter, being the appointment of
a specific public officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended, was before
the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Vice-Mayor to convene in Executive Session to
discuss a personnel matter, being the appointment of a
specific public officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia, (1950), as amended. The motion
was seconded by Mr. Bowers and adopted by the following
votp:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor--- 7.
NAYS: None 0.
508
ACTION
BUILDINGS (BUILDING MAINTENANCE DIVISION OF THE
CITY'S BOARD OF BUILDING CODE APPEALS): A report of
qualification of Messrs. Stanley G. Breakell and Grady P.
Gregory, Jr., as members of the Building Maintenance
Division of the City's Board of Building Code Appeals,
for terms ending November 10, 1996, was before Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by
Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None
PETITIONS AND COM1FONICATIONS:
SCHOOLS: A communication from the Roanoke City
School Board requesting approval of a State Llterary Fund
loan application, in the amount two million dollars, to
be used for construction costs for renovations to
Virginia Heights Elementary School, advising that debt
service on the loan will increase the Board's debt
service expenditure by $180,000.00 in fiscal year 1994-
95, but no debt service liability will be incurred until
funds are drawn against the loan account, was before
Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30858-020392) A RESOLUTION authorizing the School
Board for the City of Roanoke to make application for a
loan from the State Literary Fund for adding to and
improving Virginia Heights Elementary School.
(For full text of Resolution, see Resolution Book No. 53,
page 336.)
509
ACTION
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No.
30858-020392. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ..... 7.
-0.
NAYS: None--
Mr. Harvey moved that the following Ordinance be
placed upon its first reading:
(#30859) AN ORDINANCE authorizing execution of
Memoranda of Liens when Literary Fund loans are approved.
For full text of Ordinance, see Ordinance Book No. 53,
page 341.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None ........ 0.
ANNEXATION/CONSOLIDATION: A communication from
Mr. Kevin L. Pearson, Attorney, representing
Mr. William P. Vinyard, Jr., requesting consideration of
a proposal to adjust the boundary line between the City
of Roanoke, the Town of Vlnton and the County of Roanoke,
located west of Berkley Road on the southerly side of the
Norfolk and Western Railway, was before Council.
It was explained that Mr. Vlnyard owns a parcel of
land which straddles the boundary line in this area; that
he has subdivided the parcel on the Vinton side of the
boundary for the purpose of developing single family
residential dwellings, which subdivision has been
recorded in Roanoke County records as Berkley Court; and
the boundary line between the City and the Town runs
across the northerly end of Mr. Vinyard's property,
effectively cutting in half proposed Lots 4, 5 and 6 and
reducing Lot 3 as well; and the property has been platted
to include the four lots, however, the location of the
boundary line renders three of the lots as unbuildable.
Mr. Pearson advised that pursuant to Section 15.1-
1031.1 et seq, Code of Virginia, 1950, as amended,
allowing relocation of boundary lines by agreement
between political subdivisions, his client is requesting
510
ACTION:
that the Roanoke City Council adopt an ordinance
authorizing and directing the Mayor to enter into an
agreement with the Town of Vinton and the County of
Roanoke to relocate the boundary between the three
localities in a northerly direction, thereby allowing the
remaining .3781 acres currently lying within the City to
be combined with adjoining lots, as more fully shown on
a subdivision plat.
It was explained that the above request is made in
the belief that such an agreement would be in the best
interests of all parties, as well as the best interest of
Mr. Vlnyard and the persons who will purchase the homes
in the subdivision.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Harvey moved that the matter be referred to the
City Manager and the City Attorney for study, report and
recommendation to Council. The motion was seconded by
Mr. Musser and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None
ITEMS RECOMMENDED FOR ACTION:
BUDGET-WATER DEPARTMENT: The City Manager submitted
a written report, advising that construction Phase II
contract issued to Acorn Construction, Ltd., for
renovation of the Falling Creek Water Treatment Plant was
approved by Council on Monday, June 25, 1990, in the
amount of $1,004,119.00; that construction contract
amount to date is $1,104,040.92; that the substantial
completion date is November 25, 1991; and the City has
claims under the contract which include failure to
complete the contract within the contract period.
It was explained that additional work has been
requested by the City to more effectively control the
treatment process, including additional valves and level
controllers; that a proposed change order will be
performed on a time and material basis in an amount not
to exceed $24,514.00; and valve delivery is expected to
take ten weeks, for a total construction time of 12
weeks.
511
ACTION:
ACTION:
The City Manager recommended that Council authorize
Change Order No. 7 to the contract with Acorn
Construction, Ltd., in an amount not to exceed
$24,514.00, advising that the change order shall in no
way prejudice any claims that the City may have under the
contract; and further recommending appropriation of
$24,514.00 from Water Fund Retained Earnings to Falling
Creek Plant Rehabilitation, Account No. 002-056-8359-
9065.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(~30860-020392) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 337.)
Mrs. Bowles moved the adoption of Ordinance No.
30860-020392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor- 7.
NAYS: None'
OJ
Mrs. Bowles offered the following emergency
Ordinance:
(#30861-020392) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 7 to the City's
contract with Acorn Construction, Ltd., for renovation of
the Falling Creek Water Treatment Plant; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 338.)
Mrs. Bowles moved the adoption of Ordinance No.
30861-020392. The motion was seconded by Mr. Bowers and
adopted by the following vote:
512
ACTION
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report
advising of expiration of the terms of Ms. Sallye T.
Coleman and Mr. Thomas L. Orr as Trustees of the Roanoke
City School Board on June 30, 1992, and further advising
that applications for the upcoming vacancies will be
received in the City Clerk's Office until 5:00 p.m., on
Tuesday, March 10, 1992.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the report be received and
filed. The motion was seconded by Mr. Fitzpatrick and
unanimously adopted.
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS-APPALACHIAN POWER COMPANY-
FLOOD REDUCTION/CONTROL: Council Member Elizabeth T.
Bowles, Chairperson of the Water Resources Committee,
presented a written report on behalf of the Committee, in
connection with execution of an agreement with
Appalachian Power Company providing for abandonment and
dedication of certain public utility easements at the
Sewage Treatment Plant.
A staff report advised that floodproofing of the
Sewage Treatment Plant by the Corps of Engineers, Roanoke
River Flood Reduction Project, will plan a berm across
the front of an close to the structure; that location of
the berm will cause the relocation of some Appalachian
Power Company lines and poles now located in the proposed
berm location; and an Appalachian Power Company agreement
providing for the abandonment of existing easements and
for dedication of easements in new locations has been
received.
The Water Resources Committee recommended that
Council authorize the City Manager and the City Clerk to
execute and attest an Appalachian Power Company agreement
providing for abandonment of certain public utility
: 513
ACTION:
easements impacted by construction of a flood protection
berm at the Sewage Treatment Plant and dedication of new
public utility easements in new locations to replace
abandoned easements,
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30862) AN ORDINANCE authorizing the relocation of
certain public utility easements at the Sewage Treatment
Plant in connection with the Roanoke River Flood
Reduction Project, upon certain terms and conditions.
For full text of Ordinance, see Ordinance Book No. 53,
page 342.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ..... 7.
NAYS: None 0.
CITY PROPERTY-AIR POLLUTION CONTROL: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources
Committee, presented a written report on behalf of the
Committee in connection with installation of a permanent
carbon monoxide monitor site by the Department of Air
Pollution Control on the Public Works Service Center
property.
A staff report explained that a permanent site'for
a carbon monoxide monitor site is desired by the
Department of Air Pollution Control; that the Regional
Office of the Department of Air Pollution Control has
been requested to identify a site, preferably on
publicly-owned property, as close as possible to the
probable major source area for carbon monoxide, which has
been identified as the intersection of Orange Avenue,
N. E., and 1-581; that the preferred site identified by
the Regional Office of the Department of Air Pol~utlon is
located on the southeasterly corner of the Public Works
Service Center, which site is on the northwesterly corner
of the intersection of Courtland Road and Carver Avenue,
N. E., and the general area now serves as a brush chip
pick-up point for the public and for Christmas tree
mulching.
514
ACTION:
It was further explained that the carbon monoxide
monitoring equipment would be housed in a eight foot by
ten foot trailer; that the proposed site has the approval
of the Director of Public Works on condition that it not
interfere with City operations at that location; and
responsibility for insurance protection and utilities
will be assumed by the Department of Air Pollution
Control.
The Water Resources Committee recommended that
Council authorize installation of a permanent carbon
monoxide monitor by the Department of Air Pollution
Control on City-owned property on the northwesterly
corner of the intersection of Courtland Road and Carver
Avenue, N. E., which will be approximately 20 feet by 20
feet, to be fenced inside the corner of the existing
fence with similar chain-link fencing and a locked access
gate installed in the outside fence by the Department of
Air Pollution Control to permit access to the site from
the street, with said agreement to be in a form approved
by the City Attorney and provide for termination by
either party upon 30 days written notice.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30863) AN ORDINANCE authorizing the execution of
a certain agreement between the City and the Commonwealth
of Virginia for installation of a carbon monoxide monitor
on City property, upon certain terms and conditions.
For full text of Ordinance, see Ordinan~e Book No. 53,
page 343.)
The motion was'seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
COMMONWEALTH'S ATTORNEY-DRUGS: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources
Committee, presented a written report on behalf of the
Committee in connection with a one year extension of the
lease agreement for office space in the Crystal Tower
Building for the Regional Drug Prosecutor's Office.
· " 515
ACTION:
A staff report explained that lease of office space
in the Crystal Tower Building by the Regional Drug
Prosecutor's Office began with a month to month lease
which was formalized with a nine month lease on April 1,
1989; that the lease has been renewed twice since t~at
time and the current lease expired on December 31, 1991,
at a lease rate of $475.00 per month; that renewal of the
lease for a one year period, January 1 - December 31,
1992, at a lease rate of $475.00 per month has been
recommended by the Commonwealth's Attorney; and there
will be no cost to the City inasmuch as the lease fee
will be paid in its entirety by a grant.
The Water Resources Committee recommended that
Council authorize a one year extension of the lease of
space in the Crystal Tower Building for the Regional Drug
Prosecutor, at a lease rate of $475.00 per month; that
the City Manager be authorized to execute future lease
extensions for said office space when grant funds are
available to pay the lease fee at no cost to the City,
with the lease agreement to contain provisions identical
to previous leases and allowing for possible future lease
fee increases acceptable to the Commonwealth's Attorney
and the grantor agency.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
Ordinance:
(#30864-020392) AN ORDINANCE authorizing the proper
City officials to enter into a lease between the City of
Roanoke and Crystal Tower Building Corporation for use by
the multi-Jurisdictional drug prosecutor, authorizing
extension of such lease, upon certain terms and
conditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 339.)
Mrs. Bowles moved the adoption of Ordinance No.
30864-020392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor- 7.
NAYS: None 0.
516
PARKS AND PLAYGROUNDS: Council Member Elizabeth T.
Bowles, Chairperson of the Water Resources Committee,
presented a written report on behalf of the Committee in
connection with extension of the lease agreement with the
Blue Ridge Zoological Society of Virginia, Inc., for the
Mill Mountain Zoo; and renewal of tire three party
agreement between the City, the Blue Ridge Zoological
Society of Virginia, Inc., and the Roanoke Jaycees, Inc.,
for operation of the miniature railway.
A staff report explained that the miniature railroad
at the Zoo was installed by the Roanoke Jaycees, Inc., in
1952 and has been operated by the organization since that
time; that Mill Mountain Zoo, Inc., now known as the Blue
Ridge Zoological Society of Virginia, Inc., was created
in 1976 by the Roanoke Jaycees, Inc., to take over
operation of the Zoo at a time when the City was about to
abandon its operation; and three party agreements between
the City, Blue Ridge Zoological Society of Virginia,
Inc., and the Roanoke Jaycees, Inc., for operation of the
miniature railway have been authorized, pursuant to five
measures adopted by the Council, the latest being
Ordinance No. 30390-20491 which expired on December 31,
1991; and the measures also authorized extension of the
lease between the City and Blue Ridge Zoological Society
of Vlrginiar Inc., for operation of the Zoo.
It was further explained that renewal of the lease
for operation of the Zoo by Blue Ridge Zoological Society
of Virginia, Inc., has been requested for an initial five
year term, with renewal options for three subsequent five
year terms; that expansion of the Zoo to provide for a
tiger habitat and other improvements has resulted in a
new lease area containing 3.587 acres; and renewal of the
three party agreement for operation of the miniature
train has been requested by the Roanoke Jaycees, Inc.,
for an initial five year term with mutually agreed
renewal on an annual basis until terminated by 60 days
written notice by the Blue Ridge Zoological Society of
Virginia, Inc., with the concurrence of the City, or the
City as lessor, or the Roanoke Jaycees, Inc.
The Water Resources Committee recommended that
Council authorize extension of the lease of the Zoo by
the Blue Ridge Zoological Society of Virginia, Inc., for
an initial term of five years, beginning January 1, 1992,'
with subsequent renewal options to be negotiated by the
Blue Ridge Zoological Society and the City for three
additional five year terms, with provision that the lease
may be terminated at any time with 60 days written notice
by either party; that Council authorize the renewal of
5].7
ACTION:
the three party agreement between the City, the Blue
Ridge Zoological Society of Virginia, Inc., and the
Roanoke Jaycees, Inc., for a term of five years with
mutually agreed renewal on an annual basis until
terminated with 60 days written notice by the Blue Ridge
Zoological Society to be concurred in by the City, or the
City as lessor, or the Roanoke Jaycees, Inc., subject to
applicable property restrictions and covenants, with the
form of the legal documents to be subject to approval by
the City Attorney.
(For full teat, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30865) AN ORDINANCE authorizing a renewal of the
existing lease agreement between the City and the Blue
Ridge Zoological Society of Virginia, Inc., for the Mill
Mountain Zoo and renewal of the existing agreement
between the City, the Roanoke Ja¥cees, Inc., and the Blue
Ridge Zoological Society of Virginia, Inc., for operation
of the miniature railroad at the Zoo, upon certain terms
and conditions
For full text of Ordinance, see Ordinance Book No. 53,
page 343.)
The motion was seconded by Mr.
adopted by the following vote:
AYES: Council Members Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Taylor-
NA¥St None
Fitzpatrick and
Bowers,
UNFINISHED BUSINESS: None
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
LEGiSLATION-SCHOOLS-FIREARMS: Vice-Mayor Musser
offered the following Resolution supporting legislation
increasing the penalties for the carrying of firearms
onto school property and for selling or giving a pistol
to a minor:
518
ACTION:
ACTION:
(#30866-020392) A RESOLUTION requesting the General
Assembly to increase the criminal penalties for selling
or giving a pistol to a minor and for possession of any
firearm on school property.
(For full text of Resolution, see Resolution Book No. 53,
page 340.)
Mr. Musser moved the adoption of Resolution No.
30866-020392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None -0.
Mr. Harvey spoke in support of adoption of a measure
which would prohibit the sale of look-alike weapons;
whereupon, the City Attorney advised that he would submit
a full report in connection with the authority of City
Council to deal with gun control issues as soon as
possible and, in that context, he would address the
matter of look-alike weapons.
Mr. Bowers moved that the matter of possession of
firearms on school property be referred to the Roanoke
City School Board for report and recommendation to
Council. The motion was seconded by Mrs. Bowles and
unanimously adopted.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None
OTHER HEARINGS OF CITIZENS:
AIRPORT-TAXES: Mr. James T. Hopkins, General
Manager, Piedmont Aviation Services, Inc., expressed
concern with regard to the method of taxing airplanes
based at the Roanoke Regional Airport. He advised that
he learned in December, 1991, that the method in which
personal property, or aircraft specifically, is assessed
would be changed and there could be an increase in taxes
of as much as 400 per cent across-the-board for all
aircraft. He explained that under the old method of
taxation, aircraft were assessed based on the cost of the
aircraft at 60 per cent the first year, 50 per cent the
second year, 40 per cent the third year, 30 per cent the
fourth year and 20 per cent every year thereafter, and
519
the rate was $3.45 per $100.00; that under the new
assessment process, aircraft will still be taxed at the
same rate, however, assessments will be based on the low
wholesale value; and the fact that aircraft hold their
value very well means that the owners' tax burden will
increase tremendously- He stated that Piedmont Aviation
employs 70 persons in the Roanoke Valley and General
Aviation employs over 100; that piedmont Aviation is not
opposed to paying its fair share, however, an increase in
taxes of 400 per cent in one fell swoop could lead to the
decline of an industry overnight. Be called attention to
changes in taxes in the range of $2,278.00 for some small
aircraft and as high as $47,326.00 for larger aircraft.
He pointed out that one general aviation aircraft owner
has already moved his aircraft out of the Roanoke Valley
in order to avoid paying the increased taxes, and other
. rs may follow suit if corrective action is
aircraft owne ..- ......... aware that the method in
, aa~e~ ~na~ ne
not taken. He _ ~ 4. -~vformed is not under the
which the asses~menu ~
of Cit council, however, council may
jurisdictio~ . -- Y ..... ~ ~- ~.50 Der $100.00. He
consider reau?~n%%ne~ax_~I_i~ ~',rn~rt could be in
added that the ~oano~e_~e~,,~ ~,~ because less air
dan er of losing its radar service
g - r traffic conurox.
traffic means less operations to al
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Roy E. Spicer, 630 Woodlawn Avenue, Blue Ridge,
Virginia, advised that methods of assessment have varied;
that the declining depreciation method is applicable
solely to business-owned aircraft, and privately-owned
aircraft have been assessed at a full-rate value. He
stated that previously, the assessment was calculated on
a declining depreciation basis in which the price of the
aircraft could be depreciated down to 20 per cent and
taxes assessed accordingly at the rate per $100.00 of
assessed value. He pointed out that the State code
automobiles, etc., will be
provides that all aircraft,
assessed by a recognized pricing guide, and the
Co~u~issioner of Revenue used this pricing guide as the
basis for taxation, thus wiping out those aircraft that
were being assessed at the 20 per cent level. For
example, Mr. Spicer stated that he received a tax bill
that increased from $243.00 to approximately $1,300.00.
He advised that according to State code, it is the
of Council to set certain items aside as a
prerogative
separate class for tax Durposes, as well as the rate for
taxation. He added that it behooves Council to review
the matter for not only aviation Puff°ses, but for the
economic growth of the Roanoke Valley inasmuch as
520
business and aviation are, in many instances, tied
together and a number of individuals have begun to
outbase their aircraft. He referred to the loss of
aircraft business, advising that in 1988 approximately
125 aircraft were located on the field for assessment
purposes compared to only 70 last year. He explained
that if a prospective new business with an aviation
department is considering Roanoke for a possible
relocation, they would review the tax structure which, at
the present time, could act as a disincentive in their
decision to locate in Roanoke.
Upon question, Mr. Hopkins and Mr. Spicer advised
that they had not addressed the Roanoke Regional Airport
Commission with their concern relative to the tax
structure because it is not within the purview of the
Airport Commission to deal with matters regarding
taxation.
Mr. Charles D. Waring, President, General Aviation
Association of Roanoke, spoke in support of the position
of Mr. Hopkins and Mr. Spicer. He stated that he
represented small aircraft owners, many of whom are
concerned about the cost of personal property taxes at
the Roanoke Regional Airport. He called attention to the
potential of small aircraft being relocated from the
Roanoke Airport even though owners would like for their
aircraft to be based in Roanoke, however, the cost is
becoming more and more prohibitive. He stated that the
personal property tax should be lowered to a more
reasonable figure, advising that his airplane which is a
1953 model is assessed at $400.00 per year in personal
property taxes. He further stated that Council has an
influence on the Roanoke Regional Airport Commission
through its power of appointment and most general
aviation people are of the opinion that their concerns
are not being heard by the Airport Commission. He
expressed concern over proposed bidding procedures for
aviation business, restrictive airport operations
ordinances, airport development, a heavy increase in
administrative overhead through the hiring of new
administrators and excessive security restrictions. He
stated that aircraft owners have endeavored to provide
input to the Airport Commission, however, their input is
not well received and if the environment is not improved,
owners will take their aircraft to other airports.
(For full text, see communication on file in the City
Clerk's Office.)
521
ACTION=
ACTION=
ACTION=
Following discussion of the matter, Mr. Fitzpatrick
moved that the method of taxing airplanes based at the
Roanoke Regional Airport be referred to the City Manager
for study, report and recommendation to Council, and to
the Roanoke Regional Airport Commission for input as to
how the new method of taxation will affect economic
activities at the airport. The motion was seconded by
Mr. Bowers and adopted.
At 3:00 p.m., the Mayor declared the meeting in
recess.
At 3:50 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, White, Bowers,
Bowles, Harvey and Mayor Taylor ............. 6.
NAYS: None 0.
(Council Member Fitzpatrick left the meeting during the
Executive Session.)
CELEBRATIONS: The Mayor advised of a vacancy on the
Special Events Committee created by the resignation of
Lex Gibson, and called for nominations to fill the
vacancy.
Mr. White placed in nomination the name of The
Reverend John R. Rhone.
There being no further nominations, Reverend Rhone
was elected as a member of the Special Events Committee
for a term ending June 30, 1992, by the following vote:
FOR REVERENDRHONE: Council Members Musser, White,
Bowers, Bowles, Harvey and Mayor Taylor .............. 6.
(Council Member Fitzpatrick was absent.)
522
There being no further business, the Mayor declared the
meeting adjourned at 3:55 p.m.
APPROVED
ATTEST: ~d~-~
City Clerk
523
tl
REGULAR WEEKLY SESSION
'ROANOKE CITY COUNCIL
February 10, 1992
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, February 10,
1992, at 7:30 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetingst of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members William White, Sr., David A. Bowers,
Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey,
II (arrived at 8:25 p.m.), Howard E. Musser and Mayor Noel C.
Taylor .............. 7.
ABSENT: None' 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B.
Reynolds, Jr., Assistant City Manager; Wllburn C. Dlbling, Jr.,
City Attorney; Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend H. Kelly
Dampeer, Sr., Pastor, Oakland Baptist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
BID OPENINGS
PARKS AND PLAYGROUNDS: Pursuant to notice of
advertisement for bids for new electric service, Festival
in the Park, Elmwood Park at Bullitt Avenue, said bids to
be received by the City Clerk until 4:30 p.m.. on Monday,
February 10, 1992, and to be held, opened and read before
the Council at 7:30 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for
bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and
read the following bids:
524
ACTION:
BIDDER
BASE BID
Fischer Electrical Construction
*Jarrett Electric Co., Inc.
~Varney Electric Co., Inc.
*Austin Electrical Construction, Inc.
*Southeastern Electrical Contractors,
Inc.
$44,500.00
46,390.00
47,145.00
55,425.00
55,506.00
(*See alterations to bid form)
Mr. Musser moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. White and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and George C. Snead, Jr.,
as members of the committee.
PUBLIC HEARINGS
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday,
February 10, 1992, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of TMJ
Partnership to amend a certain proffered condition to the
rezoning of two parcels of land located on Hawthorne
Road, N. W., described as Lots 4A and 5A, Map of Airlee
Court, Official Tax Nos. 2190408 and 2190409, from RS-3,
Residential Single-Family District, to RM-1, Residential
Multi-Family, Low Density District, the matter was before
the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, January 24, 1992, and Friday,
January 31, 1992.
(See publisher's affidavit on file in the'City Clerk's
Office.)
A report of the City Planning Commission advising
that the petitioners would like to amend one of the
existing proffered conditions to rezoning in order to
permit the construction of a new duplex on the lot
described as Official Tax No. 2190409, to build in
accordance with a revised rendering of the exterior
appearance of the proposed structure, was before Council.
525
ill
ACTION=
The Planning Commission recommended that Council
deny the request, advising that the revised rendering of
the exterior appearance of the proposed duplex is not in
keeping with basic design elements and character of the
surrounding single family residential area.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30867) AN ORDINANCE to amend Sections 36.1-3 and
36.1-4, Code of the City of Roanoke (1979), as amended,
and Sheet No. 219, Sectional 1976 Zone Map, City of
Roanoke, in order to amend certain conditions presently
binding upon certain property previously conditionally
rezoned from RS-3, Residential Single-Family District, to
RM-1, Residential Multifamily, Low Density District.
(For full text of Ordinance, see Ordinance Book No. 53,
page 358.)
The motion was seconded by Mr. Bowers.
The Mayor advised that the matter was submitted to
Council on a 3 - 3 vote of the City Planning Commission
which, in effect, is a recommendation for denial;
whereupon, Mr. Musser offered a substitute motion that
the request for amendment to the proffered conditions be
referred back to the City Planning Commission for further
report to Council inasmuch as less than a majority of
City Planning Commission members were present and voting.
The motion was seconded by Mr. White.
Mr. Donald L. Wetherington, Attorney, representing
the petitioner, advised that the issue is not one of land
use in the classical sense of the word, but merely the
appearance of the exterior structure proposed for
construction. He stated that the issue is simple and
straight forward and to cause the petitioner the expense
of going through the entire process once again, with the
high cost of advertising and legal assistance, seems to
be a disservice and an injustice. He added that he was
aware that a 3 - 3 vote is tantamount to a denial,
pursuant to the By-Laws of the City Planning Commission;
however, after a review of the Zoning Ordinance and State
Statute, he could find no provision that a deadlocked
vote of the City Planning Commission is tantamount to
denial. He requested that Council entertain the petition
for amendment at this time, understanding the scale and
526
ACTION:
scope of the project, and understanding that one member
of the City Planning Commission was absent due to illness
which caused the Planning Commission to deadlock on a 3 -
3 vote, and consider such action not so much as a
denial, but merely as the lack of an affirmative
recommendation to Council by the City Planning
Commission, one way or the other.
The Mayor inquired if the matter could be referred
back to the City Planning Commission for a majority vote
and report to Council without having to incur the
additional expense of advertising; whereupon, the City
Attorney advised that the petition is an amendment to a
proffer that was previously approved by Council and the
proffer is a part of the rezoning that occurred in
respect to the property, therefore, to amend the proffer
would be a change in the zoning law which would require
advertising and a public hearing before the City Planning
Commission.
The Mayor inquired if there were other persons
present who wished to address Council with regard to the
matter; whereupon, no other person expressed a desire to
be heard.
The substitute motion offered by Mr. Musser,
seconded by Mr. White, was lost by the following vote:
AYES: Council Members White, Musser and Mayor
Taylor .............. 3.
NAYS: Council Members Bowers, Bowles and
Fitzpatrick-- 3.
(Council Member Harvey had not entered the meeting.)
The original motion to adopt Ordinance No. 30867, on
first reading, was adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser and Mayor Taylor ..................... 5.
NAYS: Council Member White
(Council Member Harvey had not entered the meeting.)
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,
February 10, 1992, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Mr. Vincent A.
527
ACTION:
Board that a tract of land located at 2401 Clifton
Avenue, N. W., described as Lot 5, Block 1, Official Tax
No. 2430434, be rezoned from RS-3, Residential Single-
Family District, to RM-1, Residential Multi-Family, Low
Density District, the matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, January 24, 1992, and Friday,
January 31, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to permit
the conversion of an existing single family residence to
a two-family dwelling, was before Council.
The Planning Commission recommended that Council
deny the request for rezoning, advising that the
predominant land use, zoning pattern, and character in
the area is single family residential which should be
maintained and protected.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the following Ordinance
be placed upon its first reading:
(#30868) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
243, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 359.)
The motion was seconded by Mr. Bowers.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning, whereupon, Mr. Daniel F. Layman, Jr.,
Attorney, appeared before Council In support of the
request of his client, advising that his client purchased
the house with the assistance and understanding from both
the realtor and the previous owner that it had been and
could be used as a duplex; and it was represented to his
client by the previous owner that the house had been used
528
as a duplex for approximately 20 years. Therefore, he
explained that his client purchased the house, invested
in considerable remodeling, after which he applied to the
Building Department for a building permit in order to
install dual electric meters, and was informed that the
zoning was not correct for use as a duplex. He pointed
out that the area is generally single family, with some
exceptions, and referred to other properties which are
used for duplex purposes. He further stated that City
staff has opposed the rezoning because the neighborhood
is single-family and the comprehensive process would be
to preserve the character of the neighborhood and,
therefore, any rezoning that would change single-family
homes to duplexes should be denied. He added that the
argument of City staff has considerable appeal, however,
his response would be to ask, what has single-family
zoning done for this particular neighborhood, and
referred to numerous houses which are in a state of
deterioration. He pointed out that the neighborhood has
deteriorated too far and needs substantial investment,
probably more than the City is willing to provide. He
commented that the neighborhood needs private investment
which means inclusion of economic incentives to encourage
private investment. He called attention to the fact that
there are more economic incentives in a duplex dwelling
than in a single-family residence because of the
opportunity to receive two rental incomes. He explained
that planners sometimes have an overly optimistic idea of
the importance of zoning in the overall health of a
neighborhood, and referred to the old southwest area as
an example. He stated that zoning in old southwest is,
and has been, RM-2, which is even less restrictive than
that which is requested for the property under
consideration; therefore, whatever role zoning plays has
not been critical in the rebound of old southwest,
however, what has been critical is attracting the right
people for investment purposes, as well as residing in
the area. He explained that there was a pattern that old
southwest followed and the neighborhood in question may
have to follow as well, which is that the neighborhood
may have to go to the bottom and start back up, but in
order to start back up, the neighborhood must attract
people like Mr. Board who are desirous of investing both
their money and their time. He added that in such a
neighborhood, people like Mr. Board should be encouraged
to come in and add stability and quality.
Mr. White advised that the City Planning Commission
is endeavoring to say that the line must be drawn at some
point, and it is time to stop turning dwellings into
duplexes and adhere to the City's zoning regulations.
529
No other person wishing to be heard, Ordinance No.
30868, on first reading, was adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick
and Mayor Taylor--- 4.
NAYS: Council Members White and Musser ........... 2.
(Council Member Harvey had not entered the meeting.)
At this point, 8:25 p.m., Council Member Harvey
entered the meeting.
STREETS AND ALLEYS: Pursuant to Resolution No.
25523 adopted by Council on Monday, April 6, 1981,
Council having authorized the City Clerk to advertise a
public hearing for Monday, February 10, 1992, at
7:30 p.m., or as soon thereafter as the matter may be
heard, with regard to a proposal to have Creston Avenue
and Rosewood Avenue rights-of-way barricaded by way of
traversable barricades across Creston Avenue at the
intersection of Strother Road and Creston Avenue, and
across Rosewood Avenue southeast of its intersection with
Sweetbrier Avenue, S. W., and in consideration of
additional traffic control measures, the matter was
before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times and World-News on Friday,
January 24, 1992, and Friday, January 31, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
The Mayor advised that a number of persons had
registered to speak on the matter, and inquired as to the
amount of time that Council would like to allot to each
speaker; whereupon, it was the consensus that each person
would be given three minutes in which to make their
presentation.
A report of the City Planning Commission advising
that a study of all alternative strategies to reduce
excessive traffic in the Wright Road, Creston Avenue and
Rosewood Avenue, S. W. community, was requested by
Council on Monday, August 12, 1991, was before the body.
The City Planning Commission reaffirmed its previous
recommendation to deny the request of the applicant for
street closure and that Council authorize the City
530
Manager to implement specific traffic control measures to
reduce excessive traffic in the community, in accordance
with certain conditions and schedules, as defined in
Addendum A of the report.
(For full text, see report on file in the City Clerk's
Office.)
Mr. John R. Marlles, Chief of Community Planning,
advised that on August 12, 1991, Council tabled the
request of the Wright/ Creston/Rosewood Association to
close Creston Avenue and Rosewood Avenue, and referred
the matter back to the City Planning Commission and the
City Administration for further study. He stated that
staff was asked to focus on alternative methods to reduce
excessive traffic in the abovedescribed section, as well
as other residential areas of the City. He explained
that the study developed by Planning staff involved a
number of steps, including on-site inspections of
existing street conditions, collecting and analyzing
information on traffic volumes and speeds, selection of
a Citizens Advisory Committee, surveys of neighborhood
residents, conducting an open community meeting to
educate and discuss various options which were being
considered, and conducting several public hearings before
the City Planning Commission. He further stated that
after consideration of information presented by Planning
staff, as well as public comments by citizens, the
Planning Commission on February 5, 1992, voted to
reaffirm its previous recommendation that the request for
closure be denied, and that Council improve
implementation of a number of specific traffic control
measures as outlined in Addendum A of the report of the
City Planning Commission. He reviewed in detail the
following nine recommended measures:
Realign the intersection of Wright
Road at Creston Avenue and the
intersection of Rosewood Avenue at
Creston Avenue, to re-establish the
original "T" configurations.
Realignment of the intersection of
Rosewood Avenue and Sweetbrier
Avenue.
Realignment of private driveways, if
and as necessitated, by street
realignment.
531
Install new stop signs at newly
aligned intersections, which will
include a stop sign on Creston
Avenue at an appropriate point for
traffic turning left from Creston
Avenue onto Rosewood Avenue.
Install stop signs on Rosewood
Avenue at its intersection with
Sweetbrier Avenue.
Install stop signs at other
intersections within the community
street system, as needed, such as on
Strother Road at its intersection
with Sweetbrier Avenue and at the
intersection of Sweetbrier and
Spring Avenues.
Install crosswalks at points where
they are most likely to facilitate
and protect the movement of
pedestrians and where they will have
the most effect in signifying the
presence and nature of the
surrounding community as a
residential environment.
Install additional signage designed
to promote an increased awareness of
the purpose and function of the
roadway as a local residential
street system upon which the posted
speed limits will be enforced.
Remove the existing double solid
line on Creston Avenue and Rosewood
Avenue and replace with painted
white lines at the outer edges of
the pavement along the entire street
system of Wright Road, Creston
Avenue and Rosewood Avenue.
Score or "roughen" the pavement on
steep sections of Rosewood Avenue
and Strother Road to increase
traction in inclement weather of ice
and/or snow; and remove visibility
obstacles such as trees, limbs,
bushes, etc., from the necessary
sight line of the street system.
532
®
Implement a schedule of police
enforcement of the existing speed
limit, with the schedule to be
coordinated with the implementation
process and follow-up studies to be
conducted by the City.
Install proper installation at the
intersections of Overland Road with
Colonial and Brambleton Avenues in
order to facilitate the use of a
properly designed alternate
connector street between the two
major thoroughfares, thereby
alleviating the burden of the cut-
through traffic on adjacent
residential streets.
The City will make follow-up studies
to determine the overall effect and
efficiency of all traffic control
measures.
In the event that follow-up studies
verify that the recommended control
measures have not significantly
reduced the traffic volume and the
frequency of speeding by cut-through
traffic, it may be necessary for one
or more of the following contingency
measures to be implemented:
Temporary (six month)
closure of Creston Avenue
at Rosewood Avenue.
Temporary (six month)
closure of Creston Avenue
at Strother Road.
Traffic chokers on Wright
Road in accordance with
standards and regulations
of the Virginia
Department of
Transportation.
One-way street
designation on Wright
Road or other selected
streets.
533
Follow-up studies to be
made by the City on any
installed contingency
measure.
City to notify residents
at least two weeks prior
to the implementation or
installation of any
contingency measure.
A report of the City Manager advising that
neighborhood residents along Wright Road, S. W.,
initiated meetings with City staff in 1989 and 1990 to
discuss the possibility of street closure along the
Wright Road, Creston Avenue and Rosewood Avenue corridor
due to problems they perceived either through traffic
volumes and vehicle speeds; that traffic studies by the
Engineering Department resulted in the denial of the
request of the neighborhood to barricade streets; that
the City Planning Commission, on July 3, 1991, reviewed
an application from the Wright, Creston, Rosewood
Association to close Creston and Rosewood Avenues; that
after due deliberation the Planning Commission
recommended that Council deny the request for closure and
further recommended that Council refer the matter back to
the City Planning Commission for study, report and
recommendation on alternative strategies to reduce
excessive traffic in this and other residential
communities within the City.
It was explained that on August 12, 1991, Council
tabled the request of the applicant for closure and
concurred in the recommendation of the City Planning
Commission to refer the matter back to the Planning
Commission and the City Manager for study, report and
recommendation within a period of six months or less.
The City Manager advised that the City Planning
Commission report makes certain recommendations that
evolved from a neighborhood involvement process; and in
accordance with Section 20-7 (a), (b), (e) and (f), of
the Code of the City of Roanoke (1979), as amended, the
recommendations proposed by the Planning Commission are
strictly within the powers of the City Manager.
534
The City Manager recommended that Council deny the
request of the applicant for permanent closure of Creston
and Rosewood Avenues, S. W., and receive and file the
traffic control measures specified in Addendum A.
(For full text, see report on file in the City Clerk's
Office.)
Mr. William F. Clark, Director of Public Works,
presented a report of the City Manager, advising that the
City Administration generally supports the recommendation
of the City Planning Commission which is to deny the
request for street closure and to implement several
alternative measures. He stated that the City Admini-
stration recommends realignment of the intersections of
Wright Road and Creston Avenue and at Creston Avenue and
Rosewood Avenue to create the "T" type intersection, and
at the intersection of Rosewood Avenue and Sweetbrier
Avenue as right-of-way is available. He further stated
that the area is a relatively old subdivision and there
could be some difficulty in pinning down the exact
location of rights-of-way which may require additional
survey work. He added that construction could begin by
approximately March 15, depending upon weather
conditions, advising that it is unwise to be involved in
excavating intersections and repaying in what could be
uncertain weather conditions. He stated that City forces
should be able to make the improvements under traffic,
except for short periods of time for excavation and
repaying, that signs will be erected advising motorists
of traffic delays, and flagmen will control the flow of
vehicles. He added that the Administration concurs in
the installation of stop signs at the realigned
intersections to slow traffic and protect pedestrians;
that the Administration concurs in the placement of
pedestrian crosswalks at Rosewood and Sweetbrier Avenues;
and various signs will be installed advising motorists of
new traffic patterns such as "stop ahead", "pedestrians
crossing", etc. He pointed out that edgeltne markings
will be installed to emphasize narrow pavement and to
impress upon motorists the need for slower speed through
the area; and when pavement is resurfaced, the centerline
will be restriped with a single yellow line. He
explained that the City Administration concurs in the
installation of a new traffic signal at the intersection
of Colonial Avenue and Overland Road which has, for some
time, been the City's number one priority installation
for traffic signals and would benefit Virginia Western
Community College and its access through the area, as
well as school buses and other traffic to Flshburn Park
Elementary School and James Madison Junior High School,
535
and would, to some degree, encourage motorists away from
the Wright/Creston/Rosewood corridor. He explained that
it will take between six to nine months to install the
new traffic signal at the above intersection and added
that the City Administration concurs in the need for
ongoing studies to monitor the impact of all alternatives
and radar speed enforcement.
Mr. Bradley T. Sneed, Co-President, Wright/Creston/
Rosewood Association, advised that three years ago when
the Wright/Creston/Rosewood Association came before
Council, the issue was street closure, however, many
things have changed since that time and it is realized
that the question is not merely an issue of the
Wright/Creston/Rosewood area, but a City-wide issue. In
representing the petitioners, he stated that they are
almost in 100 per cent agreement with the City staff
report which created a Community Advisory Committee
composed of six residents from the neighborhood which was
to be used as a conduit to funnel information from
residents back to City Planning staff. He stated that at
the end of the series of meetings, City staff prepared a
report and recommendation which was presented to the City
Planning Commission and, at that point, the petitioners
were 100 per cent in favor of the staff's report. He
pointed out that the document before Council is the staff
report which contains two changes that are of concern to
residents; viz: (1) the elimination of a temporary
closure period which City staff believes is necessa~] for
the safety of City workers who will be operating
backhoes, jackhammers, dump trucks, etc., (2) reducing
the 24 month study period to 18 months. Mr. Sneed
requested that the application for closure be tabled for
a period of 24 months, and that those .portions of the
staff report that did not make it through the City
Planning Commission stage; viz: the 24 month study
period and temporary closure for construction purposes,
be included as a part of the City Planning Commission's
report. He added that the Citizens Advisory Committee
worked with City staff, they reached the point where
there was acceptable information, and urged that Council
approve the proposal of City Planning staff.
Mr. W. M. Bryant, 2702 Brambleton Avenue, S. W.,
concurred in the recommendations of the City Planning
Commission, advising that traffic has not only increased
on Wright Road, but throughout the City as a whole, and
an orderly means of moving traffic must be implemented.
536
He stated, however, that temporary closure is not
necessary at any time when changes are made. He urged
that Council adopt the recommendations contained in the
report of the City Planning Commission.
Mr. Dennis R. Gatens, Co-President, Wright/Creston/
Rosewood Association, concurred in the remarks of Mr.
Sneed, advising that he supports the recommendation made
by City staff, and, with a few modifications by the City
Planning Commission, it represents a good strategy that
was formulated with residents of the community having
full participation. He added that much emphasis seems to
be placed on the quality and preservation of
neighborhoods, and much soul searching needs to take
place as to the reason why it took three plus years to
reach this point; that nothing has beeh done to help
preserve the neighborhood, and citizens of the area
consider themselves to be the kind of residents that the
City is trying to attract. He asked that Council review
and endorse the recommendation of City Planning staff.
Ms. Bonnie B. Pauze', 2519 Creston Avenue, S. W.,
advised that she served on the Citizens Advisory
Committee, and requested that if Council accepts the
recommendation of the City Planning staff, that the
original petition which seeks closure be denied so that
the issue will not be held in limbo for the next 24
months.
Mr. C. Cecil Kelly, 1925 Maitland Drive, Salem,
Virginia, representing the Board of Deacons of Grandin
Court Baptist Church, expressed opposition to any
temporary closure which would create an inconvenience for
motorists.
Mr. Peter J. Matthews, 2537 Creston Avenue, S. W.,
advised that he opposed the closure, or temporary
closure, of any of the streets in the neighborhood
inasmuch as he was unsure as to where traffic would go if
Wright Road is barricaded. He added that traffic might
move to Overland Road and inasmuch as the traffic signal
has not been installed, traffic congestion would
increase.
Ms. Catherine T. Benson, 2545 Creston Avenue, S. W.,
advised that there were a number of persons in attendance
who were not in favor of closure for any reason. She
stated that there has been considerable controversy
surrounding the issue; and tabling the matter for 24
months would do more harm to the neighborhood than to
outright deny the petition. She referred to dissention
537
ii
among neighbors, advising that it is time to put an end
to the issue. She added that certain viable traffic
control measures have been placed before Council for
consideration by City Planning staff; that the City
Planning Commission voted to deny the petition to
barricade Wright Road, Creston Avenue and Rosewood
Avenue; and requested that Council concur in the
recommendation of the City Planning Commission.
Mr. Ellis L. Hall, 2526 Creston Avenue, S. W.,
concurred in the recommendation of the City Planning
Commission to deny the request for closure of Wright
Road, Creston Avenue and Rosewood Avenue; however, he
stated that the contingency measu, res offered by the City
Planning Commission leave residents in doubt and he would
be opposed to any six month temporary closure period that
would open the door for permanent closure which is not
considered to be reasonable or necessary.
Ms. Freeda L. Cathcart, 2516 Sweetbrier Avenue,
S. W., advised that with some frequency, she has occasion
to cross the intersection of Sweetbrier and Rosewood
Avenues, which, over the last two years, have become more
and more dangerous due to increased traffic. She stated
that it is difficult to cross the road because visibility
of approaching vehicles is obstructed due to a curve and
one has to listen very carefully for oncoming traffic,
and the City would be negligent if it did not, at least
temporarily, close the road when City employees are
working. She pointed out that whether or not such action
is convenient for citizens traveling through the area is
irrelevant because all taxpayers are responsible for the
safety of City workers. She recommended temporary
closure of the street for the safety of City employees.
Ms. Karen Larson, 2522 Wright Road, S. W., supported
the request Mr. Sneed and Mr. Gatens to table the
petition for a period of 24 months. She explained that
the City Planning Commission was previously requested to
consider the effect on traffic caused by the proposed
townhouse development at the corner of Colonial Avenue
and Ogden Road, S. W.
Mr. Harvey offered the following resolution:
(#30869-021092) A RESOLUTION denying an applica:ion
by and on behalf of the Wright/Creston/Rosewood
Association to alter, by traversable barricade, Wright
Road, Creston Avenue and Rosewood Avenue, and endorsing
538
the recommendation of the Planning Commission relating to
said application, and directing the City Manager to act
in accordance with the said recommendation.
(For full text of Resolution, see Resolution Book 53,
page 344.)
Mr. Harvey moved the adoption of Resolution No.
30869-021092. The motion was seconded by Mr. Musser.
The City Manager advised that he was particularly
pleased that residents were interested in the safety of
City workers, as well as their own safety. He stated
that the City makes every effort to keep streets open
under construction conditions but above all, the City is
concerned about the safety and danger of allowing people
to enter difficult traffic situations, as well as the
safety and well being of City employees who are required
to work under difficult situations. He added that in
most instances, citizens are notified through public
advertisement that certain segments of a street will be
closed between 9 a.m. and 3 p.m., or during low traffic
flow periods, in order to accommodate certain crossings
whether they be water, sewer or traffic implementation.
He explained that he is of the opinion that he has all of
the authority vested through the City Code that is
necessary in order to determine when to open or close a
City street for public safety purposes. He added that if
Council adopts his report, it simply sets forth the
intent to erect a traffic signal, it recommends against
closing of the street, and City staff will move forward
in good time to accomplish the proposed traffic changes.
He noted that it is not his intention to close the road
for any other length of time than that which is
absolutely necessary in order to protect the people who
will be working on the construction project and to
protect motorists. He explained that during the interim
construction period, there could be some difficulty for
residents of the area because traffic will be brought to
a very slow pace, and cones and flagmen, etc., will be
used to assist with ingress and egress so that residents
will not be forced to abandon their public streets.
Ms. Cathcart advised that if City employees are
working on Wright Road or Creston Avenue with Jackhammers
and heavy equipment, etc., the noise level will be such
that she will not be able to safely cross the street at
the intersection of Sweetbrier and Rosewood Avenues
539
ACTION:
ACTION=
because the hearing sense relative to approaching traffic
will be lost. She stated that it is her understanding
that stop signs and crosswalks will not be erected until
after construction is completed.
Resolution No. 30869-021092 was adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None
Mr. Harvey moved that the following ordinance be
placed upon its first reading:
"AN ORDINANCE authorizing the alteration by
traversable barricades of certain public rights-of-way in
the City of Roanoke, Virginia, as are more particularly
described hereinafter."
The motion was seconded by Mr. Fitzpatrick and lost
by the following vote:
AYES: None
NAYS: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
Mr~ Harvey moved that Council concur in the report
and recommendations of the City Manager under date of
February 10, 1992. The motion was seconded by Mr. Musser
and unanimously adopted.
Mr. Fitzpatrick spoke in favor of City forces moving
forward as expeditiously as possible with those portions
of the City Manager's recommendation that may be
accomplished in the immediate future.
At 9:25 p.m., the Mayor declared the meeting in
recess.
At 9:35 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
BUDGET-GRANTS-PLANNING: Pursuant to motion adopted
by Council on Monday, January 27, 1992, the City Clerk
having advertised a public hearing for Monday,
February 10, 1992, at 7:30 p.m., or as soon thereafter as
the matter may be heard, to consider an amendment to the
540
Fiscal Year 1991-92 Community Development Block Grant
Budget and Statement of Objectives to the United States
Department of Housing and Urban Development, by
transferring funds to a new program which will provide
downpayment and closing cost assistance to low and
moderate income families city-wide who purchase homes
with FHA or VHDA mortgages, the matter was before the
body.
Legal advertisement of the public hearing was
published in the the Roanoke Times & World-News on
Thursday, January 30, 1992; and in the Roanoke Tribune on
Thursday, Janmuary 30, 1992.
(See publisher's affidavits on file in the City Clerk's
Office.)
The City Manager submitted a written report advising
that Council approved the Community Development Block
Grant Fiscal Year 1992 Budget and Statement of Objectives
on May 13, 1991, pursuant to Resolution No. 30508-51391;
that one of the key programs in the budget is the Home
Ownership Assistance Program, which assists Roanoke
families in purchasing and rehabilitating homes they will
occupy; that Community Development Block Grant assistance
provides acquisition costs, while other funds assist with
rehabilitation; and a cow, on obstacle to homeownershlp
has been the difficulty that low and moderate income
families have in acquiring enough cash for downpayment
and closing costs.
It was further advised that the National Affordable
Housing Act allows localities to provide downpayment and
closing cost assistance to low and moderate income home
buyers using Community Development Block Grant funds;
that U. S. Department of Housing and Urban Development
officials have informed City staff that an amendment to
the current Community Development Block Grant program is
necessary to provide for this assistance; that the City's
Housing Development Office proposes to transfer
$60,000.00 from Community Development Block Grant Home
Ownership Assistance Program to a Downpayment and Closing
Cost Assistance Program; that Community Development Block
Grant funds will be used city-wide in conjunction with
mortgage financing from any other sources including
private lenders and other public programs; and
approximately 20 families will benefit from the
assistance.
541
ACTION:
ACTION:
The City Manager recommended authorization to amend
the Fiscal Year 1992 Community Development Block Grant
program and budget to add a Downpayment and Closing Cost
Assistance Program; and that the Director of Finance be
authorized to transfer $60,000.00 from current Home
Ownership Assistance accounts to an account to be
established for Downpayment and Closing Cost Assistance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#30870-021092) AN 0RDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 345.)
Mr. White moved the adoption of Ordinance No. 30870-
021092. The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who
would like to be heard in connection with the matter.
There being none, Ordinance No. 30870-021092 was adopted
by the following vote:
AYES: Council Members White, Bowers,
Fitzpatrick, Harvey, Musser and Mayor Taylor .....
NAYS: None-
Bowles,
Mr. White offered the following Resolution:
(#30871-021092) A RESOLUTION authorizing an
amendment to the FY 1991-92 Community Development Block
Grant Program and Budget to provide for Downpayment and
Closing Cost Assistance, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 346.)
Mr. White moved the adoption of Resolution No.
30871-021092. The motion was seconded by Mr. Harvey and
adopted by the following vote:
542
ACTION:
ACTION:
AYES: Council Members White, Bowers,
Fitzpatrick, Harvey, Musser and Mayor Taylor .....
NAYS= None
Bowles,
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; and to
discuss a personnel matter, being the appointment of a
specific public officer.
MINUTES: Minutes of the regular meetings of Council
held on Monday, November 4, 1991; Monday, November 11,
1991; Monday, November 18, 1991; Monday, November 25,
1991; and a meeting of City Council's Personnel Committee
held on Monday, November 25, 1991, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the reading of the
minutes be dispensed wit~. and that the minutes be
approved as recorded. The motion was seconded by Mrs.
Bowles and adopted by the 5ollowing vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None 0.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
543
ACTION
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None 0.
COUNCILt A communication from Vice-Mayor Howard E.
Musser requesting an Executive Session to discuss a
personnel matter, being the appointment of a specific
public officer, pursuant to Section 2.1-344 (A)(1), Code
of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Vice-Mayor to convene in Executive Session
to discuss a personnel matter, being the appointment of
a specific public officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None
®
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ELECTIONS-COUNCIL: Ms. Jan B. Garret:, Vice-
Chairperson, Citizens Task Force to Study Alternative
Election Procedures for City Council, presented an
interim report of the Task Force, advising that the Task
Force held its organizational meeting on December 18,
1991, and has met on a weekly basis since the first week
in January, 1992 to hear a variety of individuals discuss
various electoral systems.
Ms. Garret: advised that based on the current
schedule of the Task Force, there is not sufficient time
to adequately hear from all of the groups that the task
force believes is important to the study, therefore, at
its January 16 meeting, the Task Force unanimously
recommended that the current schedule for its study be
altered to extend the schedule by one month. She pointed
out that such action would insure that the Task Force has
adequate time to gather the necessary facts, to hear from
local citizens and to make an informed decision. She
explained that by extending the fact finding portion of
the study by one month, the Task Force would present its
final recommendations to Council on July 13, 1992, rather
than June 8, 1992, as previously proposed. She added
that the proposed extension was discussed with the City
Attorney who indicated that the extension, if granted,
would not present a problem from a legal standpoint;
therefore, on behalf of the Task Force, she recommended
that the study schedule be extended for an additional one
month in order for the Task Force to pursue its fact
finding activities.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the
recommendation of the Task Force which would extend the
study period from June 8, 1992, to July 13, 1992. The
motion was seconded by Mr. Harvey.
Mr. Bowers inquired if the vote of the Task Force to
request a time extension was a unanimous vote of the
entire Task Force, or a unanimous vote of those members
who were present and voting at the January 16 meeting;
whereupon, Ms. Garrett advised that the vote was
unanimous among those present and voting at the
January 16 meeting.
Mr. Bowers expressed concern that perhaps the
recommendation had not received full public exposure,
advising that there are individuals who are interested in
pursuing the matter and in making sure that it is kept on
a time schedule, and there are also those who believe
that the matter has already been delayed far too long.
Before authorizing a one month extension, he proposed
that the matter be deferred one week which would allow
those individuals who oppose the time extension an
opportunity to come forth and express their views.
Mr. Harvey inquired if it is the intention of
Council to second guess every recommendation of every
committee that Council appoints.
Ms. Garrett advised that a majority of members have
been present for all meetings of the Task Force, that
certain members might have been absent from one meeting
545
ACTION=
but present for the next meeting, that the question was
discussed at meetings prior to January 16 to the extent
that all members, at some point, had an opportunity to
express their views, and, to her knowledge, no objections
were presented.
Mr. Bowers inquired if the Members of Council voting
on the prevailing side of the motion presently on the
floor would be in a position to request a
reconsideration, if necessary, at the next regular
meeting of Council; whereupon, the City Attorney
responded in the affirmative.
The Mayor called for a roll call vote; whereupon,
the motion was adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor--- 7.
NAYS: None 0.
AIR POLLUTION-CITY EMPLOYEES-HUMAN RESOURCES: A
communication from Ms. Catherine Rutledge, 1823 Blenheim
Road, S. W., advising that she would like to address
Council on matters regarding City workers, the homeless
population, and air pollution, was before the body.
(See communication on file in the City Clerk's Office.)
Inasmuch as Ms. Rutledge was not present, Mr. Bowers
moved that the communication be received and filed. The
motion was seconded by Mrs. Bowles and unanimously
adopted.
PETITIONS AND COMMUNICATIONS:
BONDS-INDUSTRIES: A communication from Mr.
Harwell M. Darby, Jr., Attorney, representing the
Industrial Development Authority of the City of Roanoke,
requesting approval of a plan to assist Roanoke Memorial
Hospitals, Community Hospital of Roanoke Valley, Bedford
County Memorial Hospital, Giles Memorial Hospital, and
Radford Community Hospital, in financing a portion of the
costs of certain renovation projects, refunding certain
prior bonds, funding a portion of the interest accruing
on the bonds during acquisition and renovation of the
Project, and funding certain expenses incurred An
546
ACTION:
connection with authorization and issuance of the bonds,
by issuance of not to exceed $60,000,000.00 aggregate
principal amount of Hospital Revenue Bonds, Series 1992,
was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30872-021092) A RESOLUTION of the City Council of
the City of Roanoke, Virginia, authorizing, among other
things, the issuance of not to exceed $60,000,000.00,
aggregate principal amount of the Industrial Development
Authority of the City of Roanoke, Virginia Hospital
Revenue Bonds (Roanoke Memorial Hospitals, Community
Hospital of Roanoke Valley, Bedford County Memorial
Hospital, Giles Memorial Hospital and Radford Memorial
Hospital Project) Series 1992, to the extent required by
Section 147 of the Internal Revenue Code of 1986, as
amended.
(For full text of Resolution, see Resolution Book No. 53,
page 347.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30872-021092. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey and Musser ............ 5.
NAYS: None 0.
(Mayor Taylor and Council Member Bowles abstained from
voting inasmuch as Mayor Taylor serves on the Board of
Directors of Roanoke Memorial Hospitals and Mrs. Bowles
serves on the Board of Directors of Community Hospital of
Roanoke Valley.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None
ITEMS RECOMMENDED FOR ACTION:
547
ACTION:
ARMORY/STADIUM: The City Manager submitted a
written report with regard to auto racing at Victory
Stadium, advising the Mr. Donald "Whitey" Taylor
requested and was granted permission to conduct three
racing events at Victory Stadium in 1991; that a License
Agreement was developed by City staff to address issues
such as safety, parking, protection of property, noise
and crowd control; and Mr. Taylor agreed to abide by
stipulations of the agreement.
It was furthor advised that problems during races
included minor facility damage, two injury claims, and
some disruptive behavior on the part of a few drivers and
crew members, which "security" handled effectively; that
payments to the insurance agent were late and Jeopardized
insurance coverage for the last two races; and in
addition, scheduling races "back-to-back" with other
stadium events required significant overtime and created
a hardship for administrative and maintenance staff, as
well as logistical conflicts with the events.
It was explained that the promoter's interpretation
of some license agreement stipulations was inconsistent
with that of City staff which often led to problems and
misunderstandings during, between and after race events;
that spill-over noise appeared to be caused more by the
public address system than by muffled race cars; and paid
attendance for the three races totalled 6,861 persons.
The City Manager pointed out that 20 race dates have
been requested by Mr. Taylor for 1992, from 8:00 p.m.,
until 11:00 p.m., on Friday evenings; that his proposal
also includes other changes with regard to barricades,
security, bonding and insurance, as well as construction
modifications in the track area; and Friday dates
currently available include May 1, June 12, July 10, 17,
24 and 31, and August 7, 14, and 21.
The City Manager recommended approval of eight auto
racing dates, which would average two races per month,
contingent upon development and signing of an appropriate
license agreement with Mr. Taylor and his attorney,
advising that the agreement will be brought to Council
for approval by April 6, 1992.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that Council concur in the
recommendation of the City Manager. The motion was
seconded by Mr. Musser and unanimously adopted.
548
HEALTH DEPARTMENT: The City Manager submitted a
written report with regard to execution of a contract
with the Virginia Department of Health relating to
operation of the local Health Department, advising that
a local commitment statement was used in previous years
to certify that Council appropriated a given amount of
funds for support of the Roanoke City Health Department;
and health laws of Virginia, contained in Chapter 1,
Article 5, Paragraph 32.1-31, "Operation of local health
department under contract with Board; district health
departments," provides, in part, as follows=
"A governing body of a City may enter into a
contract with the Board for the operation of the
local health department in such City. The contract
between the City and the Board shall specify the
services to be provided in addition to the services
required by law and shall contain other provisions
as the Board and the governing body may agree
upon."
It was further advised that the local commitment
statement was declared obsolete on July 1, 1987, and
replaced by a contract and services checklist which must
be completed per instructions received from the State
Health Department; that a contract between the
Commonwealth of Virginia and the City of Roanoke is
necessary for proper billing to localities for health and
environmental services; that the contract establishes
that legal defense with respect to services performed
pursuant to local ordinance, services performed pursuant
to State enabling legislation set forth in Title 15.1 of
the State Code, and other services of the contract will
be provided by the City Attorney which may impose an
additional burden on the City Attorney's Office; and the
1991-92 Health Department budget is based on approved
funding, as follows: State $1,500,311.00; and Local
$1,045,278.00, which includes $22,223.00 for the School
Health Nurse.
The City Manager recommended that he or his designee
be authorized to execute a contract approved by the City
Attorney with the State Health Department as provided for
in the health laws of Virginia.
(For full text, see report on file in the City Clerk's
Office.)
549
ACTIONs
Mrs. Bowles offered the following Resolution:
(#30873-021092) A RESOLUTION authorizing the City
Manager or his designee to enter into a contract with the
Virginia Department of Health relating to the operation
of the local Health Department, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 351.)
Mrs. Bowles moved the adoption of Resolution No.
30873-021092. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers,
Fitzpatrick, Harvey, Musser and Mayor Taylor---
Bowles,
7.
NAYS: None
®
BUDGET-SEWERSANDSTORMDRAINS-INDUSTRIES: The City
Manager submitted a written report advising that Council
awarded an engineering services contract for Statesman
Industrial Park engineering to Mattern & Craig, Inc., at
the regular meeting of Council on Monday, July 23, 1990,
in the amount of $310,000.00; that Council authorized
acquisition of six parcels of land for the purpose of
project construction on Monday, September 23, 1991, and
appropriated $150,000.00 for said purpose; that Council
approved Change Order No. 1 at a regular meeting on
Monday, November 18, 1991, in the amount of $16,985.00;
and changes approved by Council consisted of
investigations in anticipation of compliance with the new
Federal Clean Water Act for the proposed detention basin
and three other minor changes in the scope of work.
It was further advised that Level I environmental
assessments for all property being considered for
acquisition are considered prudent in these days of
environmental awareness; that Change Order No. 2 provides
for necessary environmental assessments for the
properties previously authorized for acquisition; and the
cost for Level I environmental assessments for five
properties, at $2,000.00 per parcel, is $10,000.00.
550
ACTION:
ACTION:
The City Manager recommended that Council authorize
execution of Change Order No. 2 to the contract with
Mattern & Craig, Inc., in the amount of $10,000.00, in a
form acceptable to the City Attorney; and that $10,000.00
be transferred from Public Improvement Bonds - Storm
Drains 1992, Account No. 008-052-9700-9176, to Statesman
Industrial Park Storm Drain, Account No. 008-052-9656-
9001.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency budget
ordinance:
(#30874-021092) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 352.)
Mr. Bowers moved the adoption of Ordinance No.
30874-021092. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30875-021092) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 2 to the City's
contract with Mattern & Craig, Inc., for engineering
services in connection with the Statesman Industrial Park
Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 353.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30875-021092. The motion was seconded by Mr. Bowers and
adopted by the following vote:
55][
AYES= Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: Nons
CITY ATTORNEY:
POLICE DEPARTMENT-SCHOOLS-LEGISLATION-FIREARMS: The
City Attorney submitted a written report advising that at
the Council meeting on Monday, February 3, 1992, he was
requested to report to Council with respect to the
authority of Council to adopt ordinances governing the
purchase, possession, transfer, ownership, carrying or
transporting of firearms; and he was further requested to
address the issue of "look-alike" weapons which have
recently caused concern.
Mr. Dlbling recommended that Council exercise its
authority, under Section 18.2-287.1 of the State Code, to
make it unlawful for any person to transport, possess or
carry a loaded shotgun or loaded rifle in any vehicle on
any public street within the City; whereupon, he
transmitted an ordinance by which Council could add a new
Section 21-85, exercising this authority, to the City
Code.
The City Attorney explained that because Council has
already adopted a more effective ordinance, he did not
recommend that Council exercise its authority under
Section 18.2-287.3 of the State Code which authorizes the
Council to adopt an ordinance prohibiting any minor to
carry a loaded firearm in any public place or on any
public highway; and Section 21-79, Minors carrying guns,
of the City Code, which was adopted prior to January 1,
1987, and is thus grandfathered, is stronger in two
respects than any ordinance which could be adopted,
pursuant to the authority of Section 18.2-287.3.
It was explained that the City ordinance relating to
minors carrying guns applies whether the weapon is loaded
or unloaded, whereas, the State authorized ordinance
could apply only to a loaded weapon; that the
grandfathered City ordinance provides for a Class 4
misdemeanor penalty (a fine of not more than $250.00),
whereas, the maximum penalty under a State authorized
ordinance would be $100.00; and since the City already
has a stronger grandfathered ordinance regulating the
carrying of weapons by minors, there is no need to adopt
a weaker ordinance authorized by State Code.
552
ACTION:
Mr. Dibling pointed out that Council may want to
consider requesting that the 1993 Session of the General
Assembly grant the City of Roanoke the authority to
prohibit the carrying of loaded weapons in public places,
subject to the required exceptions, advising that it is
well known that local government efforts to obtain
authority to regulate firearms have fared very poorly in
the General Assembly, and such legislative effort would
require a well coordinated and concerted effort by
Council and local law enforcement authorities.
With regard to the matter of "look-alike" weapons,
he advised that in several instances recently, persons
have brandished objects similar in appearance to a
firearm, but not a firearm, at police officers, and
persons engaging in such activity have placed themselves
in great Jeopardy, and serious consequences have been
avoided only by virtue of the excellent training
possessed and discipline exercised by Roanoke City Police
officers.
The City Attorney advised that this activity is
already prohibited by State Code, Section 18.2-282 which
provides that it ~hall be "... unlawful for any person to
point, hold or brandish any firearm ... or any object
similar in appearance to a firearmt whether capable of
being fired or not, in such manner as to reasonably
induce fear in the mind of another .... "
It was explained that the penalty for the prescribed
activity is a Class I misdemeanor punishable by
confinement in Jail for not more than 12 months and a
fine of not more than $2,500.00, either or both.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the following Ordinance
be placed upon its first reading:
(#30876) AN ORDINANCE amending the Code of the City
of Roanoke (1979), as amended, by enacting new 921-85,
TransDortinq a loaded rifle or shotgun, to Article III,
Weapons, of Ckapter 21, Offenses - Miscellaneous, Code of
the City of Roanoke (1979), as amended, such new section
prohibiting the transporting of a loaded shotgun or
loaded rifle in any vehicle on any public street of the
553
ACTION:
City; requiring notification to the Director of Game and
Inland Fisheries; and providing for an effective date.
For full text of Ordinance, see Ordinance Book No. 53,
page 360.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor-- 7.
NAYS: None
Mr. Harvey advised that he had requested information
on whether or not the City could restrict the sale of
look-alike weapons; whereupon, the City Attorney called
attention to the difficulty in defining a look-alike
weapon, and advised that he would give further study to
the matter.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report
requesting that certain dates be established in
connection with the selection process for School Board
Trustees, pursuant to Chapter 9, Education, of the Code
of the City of Roanoke (1979), as amended.
(For full text, see report on file in the City Clerk's
Office.)
Pursuant to suggestion by the Mayor, Council
concurred in the following dates:
On Monday, March 16, 1992, at
12:30 p.m., in the Atrium of the
Courthouse, 315 Church Avenue,
S. W., Council will hold an informal
meeting (reception), which will be
open to the public with all
candidates for school trustee.
On Monday, March 23, 1992, at
2:00 p.m., or as soon thereafter as
the matter may be heard, Council as
a Committee of the Whole, will
review and consider all candidates
for the position of school trustee.
554
At such meeting, Council will review
all applications filed for the
position and Council may elect to
interview candidates for such
positions.
On Monday, April 13, 1992, at
7:30 p.m., or as soon thereafter as
the matter may be heard, Council
will, by public vote, select from
the field of candidates, those
candidates to be accorded the formal
interview and all other candidates
will be eliminated from the school
trustee selection process. The
number of candidates to be granted
the interview will not exceed three
times the number of positions
available on the Roanoke City School
Board, should there be so many
candidates.
On Monday, April 20, 1992, at
2:00 p.m., or as soon thereafter as
the matter may be heard, Council
will hold a public hearing to
receive the views of citizens.
On Tuesday, April 21, 1992, at
6:30 p.m., in the City Council
Chamber, Council will hold a meeting
for the purpose of conducting a
public interview of candidates for
school trustee.
On Monday, May 11, 1992, at
7:30 p.m., or as soon thereafter as
the matter may be heard, Council
will hold an election to fill the
vacancies on the Roanoke City School
Board.
REPORTS OF COMMITTEES:
BUDGET-HOUSING-CITY PROPERTY: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for demolition a
of structure and removal of asbestos containing material
in a structure located at 416 Gainsboro Road, N. W.,
presented a written report on behalf of the committee,
recommending that Council award a lump sum contract to
555
ACTION:
ACTION:
Alan L. Amos, Inc., in the amount of $37,620.00, and 45
consecutive calendar days for completion of the project;
that $38,372.40 be appropriated to Second Street/
Gainsboro Road, Account No. 008-052-9547-9001, and
increase the receivable account by $37,620.00; and reject
all other bids received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#30877-021092) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 354.)
Mr. White moved the adoption of Ordinance No. 30877-
021092. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None, O.
Mr. White offered the following emergency Ordinance:
(#30878-021092) AN ORDINANCE accepting the bid of
Alan L. Amos, Inc., for removal and proper disposal of
asbestos containing material and demolition of a
structure at 416 Gainsboro Road, N. W., upon certain
terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 355.)
Mr. White moved the adoption of Ordinance No. 30878-
021092. The motion was seconded by Mr. Musser and
adopted by the following vote:
556
ACTION:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS= None O.
UNFINISHED BUSINESS: None
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
SCHOOLS~ Ordinance No. 30859-021092 authorizing
execution of Memoranda of Liens when Literary Fund loans
are approved, having previously been before the Council
for its first reading on Monday, February 3, 1992, read
and adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(#30859-021092) AN ORDINANCE authorizing execution
of Memoranda of Liens when Literary Fund loans are
approved.
(For full text of Ordinance, see Ordinance Book No. 53,
page 341.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30859-021092. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None 0.
SEWERS AND STORM DRAINS-APPALACHIAN POWER COMPANY-
FLOOD REDUCTION/CONTROL: Ordinance No. 30862-021092
authorizing abandonment of certain existing easements and
for the dedication of new easements in connection with
the relocation of certainAppalachian Power Company lines
and poles located at the Sewage Treatment Plant, as more
particularly set forth in a report of the Water Resources
Committee under date of February 3, 1992, having
previously been before the Council for its first reading
on Monday, February 3, 1992, read and adopted on its
first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading
and final adoption:
557
II
ACTION=
ACTION:
(%30862-021092) AN ORDINANCE authorizing the
relocation of certain public utility easements at the
Sewage Treatment Plant in connection with the Roanoke
River Flood Reduction Project, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 342.)
Mrs. Bowles moved the adoption of Ordinance No.
30862-021092. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None 0.
CITY PROPERTY-AIR POLLUTION CONTROL: Ordinance No.
30863-021092 authorizing execution of a certain agreement
between the City and the Commonwealth of Virginia for
installation of a carbon monoxide monitor in the
southeasterly corner of the Public Works Service Center,
said site to be fenced off with a secure gate, such
installation to include repair of the existing fence,
with the Commonwealth of Virginia Department of Air
Pollution Control to be responsible for provision of
appropriate liability insurance and assumption of
utilities, all as more particularly set forth in a report
to Council from the Water Resources Committee under date
of February 3, 1992, having previously been before the
Council for its first reading on Monday, February 3,
1992, read and adopted on its first reading and laid
over, was again before the body, Mr. Fitzpatrick offering
the following for its second reading and final adoption:
(%30863-021092) AN ORDINANCE authorizing the
execution of a certain agreement between the City and the
Commonwealth of Virginia for installation of a carbon
monoxide monitor on City property, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 343.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30863-021092. The motion was seconded byMrs. Bowles and
adopted by the following vote:
558
ACTION~
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ..... 7.
NAYS: None. 0.
PARKS AND PLAYGROUNDS: Ordinance No. 30865-021092
authorizing renewal of the existing lease agreement
between the City and the Blue Ridge Zoological Society of
Virginia, Inc., for the Mill Mountain Zoo and renewal of
the existing agreement between the City, the Roanoke
Jaycees, Inc., and the Blue Ridge Zoological Society of
Virginia, Inc., for operation of the miniature railroad
at the Zoo, as more particularly set forth in a report to
Council from the Water Resources Committee under date of
February 3, 1992, having previously been before the
Council for its first reading on Monday, February 3,
1992, read and adopted on its first reading and laid
over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#30865-021092) AN ORDINANCE authorizing a renewal
of the existing lease agreement between the City and the
Blue Ridge Zoological Society of Virginia, Inc., for the
Mill Mountain Zoo and renewal of the existing agreement
between the City, the Roanoke Jaycees, Inc., and the Blue
Ridge Zoological Society of Virginia, Inc., for operation
of the miniature railroad at the Zoo, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 343.)
Mrs. Bowles moved the adoption of Ordinance No.
30865-021092. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ............. 7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL. None
OTHER HEARINGS OF CITIZENS: None
At 10:25 p.m., the Mayor declared the meeting in
recess.
559
ACTION:
ACTION:
At 11:00 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None O.
CITY EMPLOYEES-DIRECTOR OF REAL ESTATE VALUATION:
Mr. Musser offered the following Resolution:
(#30879-021092) A RESOLUTION electing and
appointing Wlllard N. Claytor as Director of Real Estate
Valuation for the City of Roanoke, effective April 1,
1992, and establishing the terms and conditions of Mr.
Claytor's emplo~anent as Director of Real Estate
Valuation.
(For full text of Resolution, see Resolution Book No. 53,
page 356.)
Mr. Musser moved the adoption of Resolution No.
30879-021092. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None 0.
560
There being no further business, the Mayor declared the
meeting adjourned at 11:05 p.m.
APPROVED
ATTEST .' ~O_~__
City Clerk
561
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
February 18, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Tuesday, February 18,
1992, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr. (arrived at 2:15 p.m.), James
G. Harvey, II, Howard E. Musser, William White, Sr., and Mayor Noel
C. Taylor-
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Deputy Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Michael
Nevling, Pastor, Colonial Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss specific legal matters requiring the provision
of legal advice by counsel.
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss specific legal matters
requiring the provision of legal advice by counsel, being
the terms and conditions of various agreements and
related legal documents, all in connection with the Hotel
Roanoke Project, pursuant to Section 2.1-344 (A)(7), Code
of Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's
Office.)
562
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions
of various agreements and related legal documents, all in
connection with the Hotel Roanoke Project, pursuant to
Section 2.1-344 (A)(7), Code of Virginia, (1950), as
amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Harvey,
Musser, White and Mayor Taylor ...... 6.
NAys: None ....... 0.
(Codncil Member Fitzpatrick had not entered the meeting.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None
PETITIONS AND COMMUNICATIONS:
ROANOKE VALLEY RESOURCE AUTHORITY-REFUSE COLLECTION:
A communication from the City's representatives to the
Roanoke Valley Resource Authority recommending approval
of the Authortty.s Interim Budget, in accordance with
Section 5.9 of the Roanoke Valley Resource Authority
Members Use Agreement, in the total amount of
$185,155.00, was before Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30880-021892) A RESOLUTION approving an interim
budget for the Roanoke Valley Resource Authority, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53
page 362.) ·
Mr. White moved the adoption of Resolution No.
30880-021892. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers,
Musser, White and Mayor Taylor ......
Bowles, Harvey,
6.
NAYS: None ......
0.
(Council Member Fitzpatrick had not entered the meeting.)
563
ACTION=
At this point, 2:15 p.m., Council Member Fitzpatrick
entered the meeting.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
FLOOD REDUCTION/CONTROL: The City Manager submitted
a written status report on the Roanoke River Flood
Reduction project, advising that the flood warning
element is complete and mostly working, however, the
project will work better once a new soft ware program is
reprogrammed, with the work being performed by City
forces; and the Sewage Treatment Plant floodproofing,
including the training wall at the plant, is currently
under construction.
The City Manager further advised that the recreation
trail, including the new river crossing and replacement
of the two low water bridges, will be bid as part of the
channel widening project, and the Corps of Engineers has
been requested to advertise, as a part of the channel
widening project, the relocation of segments of the
Roanoke River Sanitary Sewer Interceptor; and channel
widening work will be delayed six to twelve months in
order to allow time to resolve the archeological
mitigation measures, agree to a work scope and perform
Level II Environmental Assessments, then acquire lands,
easements, and rights of way, with channel widening work
not to begin until mid 1993 at the earliest.
It was explained that there could be an adverse
project impact should any of the property interests that
the City needs to acquire be determined environmentally
unacceptable; and to the extent it is felt unwise to
attempt to acquire property or the property owner
declines to clean-up any released substance, the project
may need to be re-designed and the proposed benefit-to-
cost ratio be re-evaluated.
(For full text, see status report on file in the City
Clerk's Office.)
Mr. Musser moved that the status report be received
and filed. The motion was seconded by Mr. Harvey and
unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-HOUSING-PURCHASE/SALE OF PROPERTY: The City
Manager submitted a written report advising that
$220,000.00 from the Virginia Housing Partnership Fund's
564
Local Housing Rehabilitation Loan Program, and
$240,000.00 in Community Development Block Grant funds
were allocated to the Home Purchase Assistance Program by
Council on Monday, June 26, 1989, allowing the City to
provide loans to low-moderate income households agreeing
to buy and repair certain identified substandard houses;
and the Program is administered jointly by the City and
the Roanoke Redevelopment and Housing Authority, as
outlined in the City's contract for services with the
Housing Authority.
It was further advised that the Program is designed
as follows:
State Department of Housing and
Community Development and Virginia
Housing Development Authority
jointly administer the Local Housing
Rehabilitation Loan Program on the
State level. The Virginia Housing
Development Authority provides loan
approval and servicing for
$25,000.00 maximum rehabilitation
loan/grants available to qualifying
low-moderate income households at
four per cent interest with 15 year
terms.
The City provides Community
Development Block Grant loans for
purchase, closing costs and
additional property rehabilitation,
beyond Virginia Housing Development
Authority's $25,000.00 maximum if
needed, at four per cent interest
with 10 - 15 year terms. These
loans are approved and serviced by
the City.
The Roanoke Redevelopment and
Housing Authority oversees the
rehabilitation repairs to the
properties.
that Council approve a CDBG loan under the Home Purchase
Assistance Program, and that he be authorized to execute
documents to be approved by the City Attorney, necessary
to implement and administer the loan, including a
Construction Disbursement Agreement, with Dwight M. and
Lydia M. Reynolds, which loan amount shall not exceed
565
ACTION=
$22,750.00 for the purchase price, closing costs,
attorney fees and rehabilitation of the property located
at 1915 Hanover Avenue, N. W.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30881-021892) AN ORDINANCE approving the loan of
Community Development Block Grant (CDBG) funds to certain
individuals in connection with the City's Home Purchase
Assistance Program, authorizing the City Manager to
execute documents approved as to form by the City
Attorney necessary to imp~ement and administer the loans,
including a Construction Disbursement Agreement,
authorizing the City Attorney and Director of Finance to
serve as trustees with regard to the related deed of
trust securing the notes for the loan, authorizing the
City Manager to execute a certificate of satisfaction
upon full payment and satisfaction of the loans, and
authorizing recordation by the City Attorney of the
certificate of satisfaction in the Office of the Clerk of
the Circuit Court for the City of Roanoke; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 362.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30881-021892. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ............ 7.
NAYS: None 0.
BUDGET-YOUTH-JUVENILE DETENTION HOME: The City
Manager submitted a written report advising that the City
received Cost of Living Allowance Funds from the
Department of Youth and Family Services to maintain
services at the Crisis Intervention Center (Sanctuary),
Youth Haven I and the Juvenile Detention Home, to be used
as follows:
Crisis Intervention Center
Youth Haven I
Juvenile Detention Home
$ 7,537.00
6,518.00
17r477.00
TOTAL
31,532.00
566
AC?ION:
The City Manager recommended appropriation of the
funds, as follows:
Crisis Intervention Center - Revenue Account No.
001-020-1234-0652, $7,537.00, to Account No. 001-
054-3360-2035
Youth Haven I - Account No. 001-020-1234-0652,
$6,518.00, to Account No. 001-054-3350-2035
Juvenile Detention Home - Account No. 001-020-1234-
0652, $17,477.00, to Account No. 001-054-3320-1004
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#30882-021892) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 364.)
Mr. Harvey moved the adoption of Ordinance No.
30882-021892. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ..... 7.
NAYS: None 0.
BUDGET-YOUTH-JUVENILE DETENTION HOME: The City
Manager submitted a written report advising that the City
receives funds from the Department of Youth and Family
Services to administer a Family Oriented Group Home
Program for local children in need of a therapeutic
residential placement while staying in the custody of
their parents; that the program is administered through
the Crisis Intervention Center and is known as the
Sanctuary Family Oriented Group Home Program; that
funding, in the amount of $45,221.00, was transferred in
July 1988 from the City of Staunton's 25th District
Family Oriented Group Home Program; that the City of
Staunton's program was closed due to under utilization;
that funding will be used for the Family Oriented Group
Home Coordinator's salary, which, as of November 1, 1991,
was $24,750.65; and the amount of the block grant for
fiscal year 1990-91 was $32,754.00, and funding, in the
amount of $20,000.00, has been appropriated for fiscal
year 1991-92.
567
ACTION=
It was further advised that the Department of Youth
and Family Services has provided more funding than
anticipated to administer the Family Oriented Group Home
Program; that the adopted revenue estimate for funding of
the program ts $20,000.00; that actual amount of the
block grant for fiscal year 1991-92 is $32,872.00; and
the Family Oriented Group Home Program is subject to the
standards for Family Oriented Group Homes promulgated by
the Department of Youth and Family Services and standard
auditing practices.
The City Manager recommended that Council
appropriate $12,872.00 to Crisis Intervention Center,
Account No. 001-054-3360-3160, in order to bring the
total revenue of the Family Oriented Group Home Program
up to the level of the current State block grant of
$32,872.00; and increase Block Grant Revenue Account No.
001-020-1234-0652 by $12,872.00.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#30883-021892) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 365.)
Mrs. Bowles moved the adoption of Ordinance No.
30883-021892. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ......... 7.
NAYS: None
TAXES: The City Manager submitted a written report
advising that the City does not have a policy for
handling requests for tax-exempt status; that he was
requested to develop a proposed policy statement for
handling requests for real estate and personal property
tax-exempt status; and Council requested information on
three specific topics related to tax-exempt status, as
follows:
How many 501(c)(3) organizations
within the City limits own real
estate which is tax-exempt?
568
ACTION:
Of those 501(c)(3) organizations
that are tax-exempt and receive
funds from the City, does the City
subtract the value of the tax-exempt
status from the funds that are
contributed to such organization so
that the organization will be
comparable with organizations that
do not enjoy tax-empt status?
Does the City have a mechanism or
clearinghouse for identifying space
needs for tax-exempt organizations?
It was further advised that a summary report of tax-
exempt property in the City has been studied; that the
City's past history on granting tax exemptions has been
analyzed and other localities were surveyed as to their
policies on tax-exempt requests; that a proposed policy
has been drafted and addresses the issues related to
eligibility for tax-exempt status; that the proposed
policy will have no effect on existing tax-exempt
organizations; and only organizations applying for tax-
exempt status after March 1, 1992, will be required to
adhere to the proposed policy.
It was explained that Council inquired as to the
amount of tax-exempt property in adjacent jurisdictions,
advising that Roanoke County has 9.4 per cent, the
majority being National and State Forest land and Salem
has 21 per cent, the majority being Roanoke College and
Veterans Administration Hospital property.
The City Manager recommended that Council adopt a
resolution establishing a proposed policy for handling
requests for tax-exempt status.
(For full text, see report and proposed policy on file in
the City Clerk's Office.)
Mr. White offered the following Resolution:
(#30884-021892) A RESOLUTION establishing the
policy of the City with respect to supporting requests of
certain non-profit organizations to exempt certain
property from taxation, pursuant to Article X, Section
6(a)(6) of the Constitution of Virginia.
(For full text of Resolution, see Resolution Book No. 53,
page 366.)
Mr. White moved the adoption of Resolution No.
30884-021892. The motion was seconded by Mr. Musser and
adopted by the following vote:
569
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor-' - ..... 7.
NAYS: None 0.
DIRECTOR OF FINANCE:
BUDGET-GRANTS: The Director of Finance submitted a
written report with regard to the status of the following
grants and loans to the City of Roanoke as of January,
1992, advising that the grants are accounted for in
either the Capital Projects Fund or the Grant Fund, and
School grants, as well as Fifth District Employment and
Training Consortium grants have been excluded from the
report.
Grant
UDAG Coca Cola -
Section 108 Loan - Coca Cola
Section 108 Loan - Deanwood and
Shaffer's Crossing Industrial Parks
UDAG - Market Square and Williamson
Road Parking Garages
UDAG - Roanoke Centre for Industry
and Technology
CDBG Float Loan
Industrial Access Grant - UPS
CDBG Entitlement
Outdoors Recreation Fund Grant
Title I Grant Metropolitan
Title I Grant for Blind
Victim-Witness Assistance Grant
Multi-Jurisdiction Drug Prosecutor
Fire Program Grant
Federal Investigation Subsidy
Adult Basic Education
Youth Services Grant
Pre-Trial Diversion Grant
(Drug Testing for Felons)
Hazardous Materials Emergency
Response Vehicle Grant
Hazardous Materials Grant
Runaway/Homeless Grant
Litter Control Grant
VDOT Grants
Loan Amount
$4,000,000.00
3,015,000.00
922,300.00
4,211,700.00
2,412,684.00
962,000.00
391,000.00
1,767,000.00
(for FY 92)
1,899,000.00
(anticipated for FY 93)
200,000.00
13,399.00
7,615.00
34,787.00
86,634.00
92,543.00
584,741.00
(State) 15,000.00
(Local) 1,667.00
(State) 38,567.00
(Local) 10,008.00
(State) 78,322.00
(Local) 26,107.00
(State)
80,000.00
121,665.00
68,815.00
7,291.00
Varying amounts
570
ACTION:
Community Services for Youth
(Demonstration Grant)
Family Oriented Group Home
Emergency Home Repair
Emergency Shelter Grant
Forfeited Criminal Assets
Rescue Squad Assistance
(State) $
(Local)
(State)
(Local)
334,439.00
22,565.00
46,070.00
16,350.00
41,000.00
25,000.00
2,350.00
2,350.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the report be received and
filed. The motion was seconded by Mr. Fitzpatrick and
unanimously adopted.
REPORTS OF COMMITTEES:
PARKS AND PLAYGROUNDS: Council Member William
White, Sr., Chairperson of a committee appointed by the
Mayor to tabulate bids received for new electric service
for Festival in the Park in Elmwood Park on Bullitt
Avenue, presented a written report on behalf of the
committee recommending that Council award a contract to
Fischer Electrical Construction, Inc., in the amount of
$44,500.00, and 60 consecutive calendar days for
completion of the project; that Council appropriate
$46,725.00 to Building Maintenance Department, Third
Party Contracts, Account No. 001-052-4330-3056 and
establish an account receivable for reimbursement by
Festival in the Park; that Council transfer $26,725.00
from Fixed Asset Maintenance, Account No. 001-002-9410-
2201, to Building Maintenance Department, Third Party
Contracts, Account No. 001-052-4330-3056; and reject all
other bids received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#30885-021892) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 368.)
571
ACTION:
ACTION:
Mr. White moved the adoption of Ordinance No. 30885-
021892. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor- 7.
NAYS: None 0.
Mr. White offered the following emergency Ordinance:
(#30886-021892) AN ORDINANCE accepting the bid of
Fischer Electrical Construction, Inc., for construction
of permanent electric service for Festival in the Park at
Elmwood Park on Bullitt Avenue, upon certain terms and
conditions, and awarding a contract therefor; authorizing
the proper City officials to execute the requisite
contract for such work; authorizing the proper City
officials to execute an agreement with Festival In The
Park, Inc., allocating the cost of such project;
rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 369.)
Mr. White moved the adoption of Ordinance No. 30886-
021892. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor-- 7.
NAYS: None 0.
UNFINISHED BUSINESS: None
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 30867-021892 amending a
certain proffered condition to the rezoning of two
parcels of land located on Hawthorne Road, N. W.,
described as Lots 4A and 5A, Map of Airlee Court,
Official Tax Nos. 2190408 and 2190409, from RS-3,
Residential Single-Family District, to RM-1, Residential
Multi-Family, Low Density District, having previously
been before the Council for its first reading on Monday,
February 10, 1992, read and adopted on its first reading
and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final
adoption:
572
ACTION:
ACTION=
(#30867-021892) AN ORDINANCE to amend Sections
36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as
amended, and Sheet No. 219, Sectional 1976 Zone Map, City
of Roanoke, in order to amend certain conditions
presently binding upon certain property previously
conditionally rezoned from RS-3, Residential Single-
Family District, to RM-1, Residential Multi-Family, Low
Density District.
(For full text of Ordinance, see Ordinance Book No. 53,
page 358.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30867-021892. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ........ 7.
NAYS: None-- 0.
ZONING: Ordinance No. 30868-021892 rezoning a tract
of land located at 2401 Clifton Avenue, N. W., described
as Lot 5, Block 1, Official Tax No. 2430434, from RS-3,
Residential Single-Family District, to RM-1, Residential
Multi-Family, Low Density District, subject to certain
proffered conditions, having previously been before the
Council for its first reading on Monday, February 10,
1992, read and adopted on its first reading and laid
over, was again before the body, Mr. Bowers offering the
following for its second reading and final adoption:
(#30868-021892) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 243, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 369.)
Mr. Bowers moved the adoption of Ordinance No.
30868-021892. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ......................... 5.
NAYS: Council Members Musser and White
----2.
CITY CODE-POLICE DEPARTMENT: Ordinance No. 30876-
0021892 amending the Code of the City of Roanoke (1979),
as amended, by enacting a new Code section prohibiting
the transporting of a loaded shotgun or loaded rifle in
573
ACTION:
ACTION:
any vehicle on any public street of the City; and
requiring notification to the Director of Game and Inland
Fisheries, effective April 1, 1992, having previously
been before the Council for its first reading on Monday,
February 10, 1992, read and adopted on its first reading
and laid over, was again before the body, Mr. Musser
offering the following for its second reading and final
adoption:
(#30876-021892) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by enacting new
S21-85, Transporting a loaded rifle or shotqun, to
Article III, Weapons, of Chapter 21, Offenses -
Miscellaneous, Code of the City of Roanoke (1979), as
amended, such new section prohibiting the transporting of
a loaded shotgun or loaded rifle in any vehicle on any
public street of the City; requiring notification to the
Director of Game and Inland Fisheries; and providing for
an effective date.
(For full text of Ordinance, see Ordinance Book No. 53,
page 360.)
Mr. Musser moved the adoption of Ordinance No.
30876-021892. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .... 7.
NAYS: None -0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None
LEAGUE OF OLDER AMERICANS: The Mayor advised that
the one year term of Ms. Corinne B. Gott as the City's
representative to the Advisory Committee of the League of
Older Americans will expire on February 28, 1992, and
called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Ms.
Corinne B. Gott.
There being no further nominations, Ms. Gott was
reelected as the City's representative to the Advisory
Committee of the League of Older Americans, for a term
ending February 28, 1993, by the following vote:
FOR MS. GOTT: Council Members Bowers, Bowles,
Fitzpatrick, Harvey, Musser, White and Mayor Taylor .... 7.
574
OTHER HEARINGS OF CITIZENS: None
At 2:40 p.m., the Mayor declared the meeting in
recess.
At 4:50 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
ACTION:
COUNCIL: With respect to the Executive Session just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor- --7.
NAYS: None -0.
There being no further business, the Mayor declared the
meeting adjourned at 4:52 p.m.
ATTEST: ~~
City Clerk
APPROVED
Mayor
575
REGULAR WEEKLY SESSION'
ROANOKE CITY COUNCIL
February 24, 1992
7:00 p.m.
The Council of the City of Roanoke met in regular session in
the Auditorium of the Roanoke Academy for Mathematics and Science
Magnet School, 1122 - 19th Street, N. W., City of Roanoke, on
Monday, February 24, 1992, at 7:00 p.m., Mayor Noel C. Taylor
presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Elizabeth T. Bowles, James G.
Harvey, II, Howard E. Musser, William White, Sr., David A. Bowers
and Mayor Noel C. Taylor ..... 6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Deputy Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
SCHOOLS-COUNCIL: Ms. Margaret L. Thompson,
Principal, Roanoke Academy for Mathematics and Science
Magnet School, welcomed the Members of Council and
administrators. She advised that the school was
constructed in 1947 as Monroe Junior High School and was
later converted to Northwest Elementary School and for
the last two years, it has been known as the Roanoke
Academy for Mathematics and Science Magnet School. She
stated that the curriculum was designed to meet the needs
of students at all academic levels and invited the
Members of Council to visit at any time.
Ms. Thompson introduced Miss Rachel Llorett, a third
grade student, and a group of fifth grade students who
presented a poem and a special reading in recognition of
Black History Month.
BID OPENINGS
SIDEWALK, CURB AND GUTTER: Pursuant to notice of
advertisement for bids for construction of new concrete
sidewalks, entrances, curb and gutter, Bond Issue - Phase
VI, said bids to be received by the City Clerk until 4:30
576
ACTION:
ACTION:
p.m., on Monday, February 24, 1992, and to be held,
opened and read before the Council at 7:00 p.m., on that
date, or as soon thereafter as the matter may be heard,
the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
BIDDER BASE BID ALTERNATE
S. R. Draper Paving
Co., Inc.
John A. Hall & Co.,
Inc.
H & S Construction
Co.
L. H. Sawyer Paving
Co., Inc.
Gardner-Smith, Inc.
DLB, Inc.
$167,282.00
171,745.60
185,570.00
214,100.00
215,625.00
246,450.00
$ 1,165.00
4,671.65
2,912.50
3,262.00
15,145.00
240,625.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and Kit B. Kiser as members
of the committee.
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.
REFUSE COLLECTION: A communication from Mr.
Jeffrey A. Cromer, Manager, Solid Waste Disposal,
transmitting the budget summary and revenue projections
as approved by the Roanoke Valley Regional Solid Waste
Management Board for fiscal year 1992-93, in the total
amount of $4,416.500, and advising that tJ. pping fees for
local governments will remain at $20.00 and $25.00 for
private and commercial haulers, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
577
ACTION:
ACTION:
Mrs. Bowles moved that the communication be received
and filed. The motion was seconded Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser,
White, Bowers and Mayor Taylor .......... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
MENTAL HEALTH (MENTAL HEALTH SERVICES BOARD OF
DIRECTORS): A report of qualification of Mr. Robert L.
Lynn as a member of the Mental Health Services Board of
Directors, for a term ending December 31, 1994, was
before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser,
White, Bowers and Mayor Taylor ...... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None
PETITIONS AND COMMUNICATIONS:
AIRPORT: A communication from Mr. Bob L. Johnson,
Vice-Chairperson, Roanoke Regional Airport Commission,
requesting formal approval of the Commission's fiscal
year 1992-93 Budget and proposed capital expenditures
which are expected to exceed $100,000.00 and are intended
to benefit five or more future accounting periods, was
before Council.
(For full text, see communication on file in the City
Clerk's Office.)
578
Mrs. Bowles offered a resolution approving the
Roanoke Regional Airport Commission's 1992-93 proposed
operating and capital budget, upon certain terms and
conditions.
The Mayor called for a second to the motion. There
being none, he declared the resolution lost.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING
CONSORTIUM: The City Manager submitted a written report
with regard to funding for the Fifth District Employment
and Training Consortium, advising that the Consortium
submitted its Fiscal Year 1992 Title II-A Implementation
Strategy to the Governor's Employment and Training
Department; and the Fifth District Employment and
Training Consortium has also submitted its Implementation
Strategy for the Title III, Economic Dislocated Worker
Adjustment Act program, for fiscal year 1992.
It was further advised that Jurisdictions in the
Fifth Planning District, which include the Cities of
Roanoke, Salem, Clifton Forge and Covington, as well as
the Counties of Allegheny, Botetourt, Craig and Roanoke
were requested to offset the Agency's administrative
deficit, through a formula relative to population,
utilization, costs, weighted vote and the disadvantaged
population; and that the City of Roanoke is the grant
recipient for Consortium funding and Council must
appropriate funding for all grants that the Consortium
receives.
It was explained that the Governor's Employment and
Training Department has sent to the Fifth District
Employment and Training Consortium Notice of Award #92-
03-02, in the amount of $92,371.00, for the Title II-A
Program, Consortium Notice of Award #92-03-03, in the
amount of $84,103.01, in additional revenue for the Title
II-A Program, and Consortium Notice of Award #E-92-113-
03, in the amount of $24,254.00, in carry-in funding for
the Title III Dislocated Workers Program; that the
Virginia Employment Commission has awarded the
Consortium, per Agreement #GRP-91-3-3, $37,600.00, in
Title III 40 per cent funds to assist the Agency in
responding to employer lay-offs within the jurisdictions;
579
,!
ACTION:
that Jurisdictions of the Fifth Planning District, to
date, have contributed $7,120.23, which needs to be
appropriated; that local administrative funding, in the
amount of $5,312.43, left over from fiscal year 1991
needs to be transferred to fiscal year 1992; and, in
addition, fiscal year 1991 funding, in the amount of
$57,172.00, under the Title II-A Program also, needs to
be transferred to fiscal year 1992.
The City Manager recommended that Council
appropriate the Consortium's additional funding, in the
amount of $245,448.24, and increase the revenue estimate
by $245,448.24, in accounts to be established by the
Director of Finance, and transfer funding of $62,484.43
between existing fiscal year 1991 and 1992 accounts.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#30887-022492) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 370.)
Mr. White moved the adoption of Ordinance No. 30887-
022492. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser,
White, Bowers and Mayor Taylor- 6.
NAYS: None--
(Council Member Fitzpatrick was absent.)
FLOOD REDUCTION/CONTROL: The City Manager submitted
a written report advising that Council awarded a unit
price contract to T. P. Parker and Son, in the amount of
$144,020.00, with a $5,000.00 contingency, on October 24,
1988, for a surveying contract in connection with the
Roanok~ River Flood Reduction Project, which scope of
work included a baseline survey with ties to the Corps'
original mapping baseline and easement surveys based on
580
a General Desiq~ Memorandum; and easement information was
needed to assist the City in establishing real estate
values for the 1989 Bond Referendum for the Roanoke River
Flood Reduction Project.
It was further advised that Change Order No. 1 and
Change Order No. 2 were approved by Council on August 14,
1989, in the amount of $8,493.41 and $79,686.00
respectively; that Change Order No. 1 was for the purpose
of correcting portions of the Corps' original baseline
and for computing 43 additional parcels; and Change Order
No. 2 included funds to produce recordation plats and for
utility location surveys which were required as a part of
the City's commitment in the Local Cooperative Agreement
to provide all utility relocation design and services.
It was explained that right-of-way changes have
occurred throughout the last two years necessitating
numerous changes in the plats; that each time the right
of way changes, T. P. Parker and Son must recompute the
boundary description to each easement parcel, as well as
the residual parcel; that once the changes have been
computed, the draftsman must change each individual
sheet; that to date, the Corps has revised the overall
project right-of-way twice since General Design
Memorandum Plats were completed, which resulted in an
additional cost of $88,893.00; that Federal real estate
requirements provide that the final negotiated right-of-
way be monumented in the field at an additional cost of'
$45,000.00; and additional right-of-way changes will be
required as the Corps completes project plans and as the
City begins to negotiate with individual property owners,
at an estimated additional cost of $10,000.00.
The City Manager recommended that he be authorized
to execute Change Order No. 3 to the contract with T. P.
Parker and Son for survey services in the amount of
$143,893.00; and that the Director of Finance be
authorized to transfer $143,893.00 from Account No. 008-
056-9619-9003 to Account No. 008-056-9618-9003.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
581
ACTION:
ACTION:
(#30888-022492) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 374.)
Mr. Harvey moved the adoption of Ordinance No.
30888-022492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser,
White, Bowers and Mayor Taylor ...... 6.
NAYS: None' 0.
(Council Member Fitzpatrick was absent.)
Mr. Harvey offered the following emergency
Ordinance:
(#30889-022492) AN ORDINANCE authorizing the
execution of Change Order No. 3 to the contract with
T. P. Parker and Son to provide surveying services in
connection with the Roanoke River Flood Reduction
Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 375.)
Mr. Harvey moved the adoption of Ordinance No.
30889-022492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser,
White, Bowers and Mayor Taylor ....... 6.
NAYS: None, 0.
(Council Member Fitzpatrick was absent.)
STATE HIGHWAYS-TRAFFIC-CITY PROPERTY-HOUSING: The
City Manager submitted a written report with regard to
engineering services to identify and prepare draft
contract documents for removal of asbestos containing
material from structures in the Second Street/Gainsboro
Road Project, advising that on April 13, 1987, Council
requested the Virginia Department of Transportation to
program projects for roadway widening and realignment to
include Wells Avenue from Williamson Road to First
Street, N. W., First Street/Gainsboro Road from Madison
582
Avenue, N. W., to Salem Avenue, S. W., and the
intersection of Orange Avenue and Gainsboro Road; that on
July 27, 1987, Council authorized agreements with the
Virginia Department of Transportation by which the City
would assume responsibility for administering all aspects
of the First Street/ Gainsboro Road and Wells Avenue
projects; and the preliminary engineering phase would be
generally handled on a 95 per cent Virginia Department of
Transportation and a five per cent City cost-sharing
basis.
It was explained that on December 21, 1987, Council
awarded an engineering services reimbursement, with cost
ceiling contract, to Mattern & Craig, Inc., Consulting
Engineers; and scope of work to be performed consists of
preparation of complete surveys, right-of-way and
construction plans and plats, utilities, signs, signals,
pavement markings, lighting and landscaping plans,
structures, traffic data, environmental assessment,
geological borings and testing, construction
administration and inspection of construction.
It was further explained that right-of-way
acquisition, including all related activities such as
appraisals, environmental site assessments, and asbestos
removal surveys are the City's responsibility, and are
not included in the scope of work of Mattern and Craig;
that Downtown North Development Plan results were
released at a press conference which was held on May 11,
1989, and included a recommendation to construct a four-
lane Second Street Bridge instead of a four-lane First
Street Bridge; and the Second Street corridor provides a
clearer and more well-defined west circumferential route
than First Street.
The City Manager advised that on October 1, 1990,
Council approved the location and major design features
of the widening and realignment of Second
Street/Gainsboro Road from Salem Avenue to Orange Avenue,
which plans identify 20 structures that are in the path
of the roadway and need to be demolished; that the
structures include nine commercial buildings, four of
which are occupied, nine residential structures, five of
which are occupied, and two garages on residential
properties; that engineering services are needed to
identify and prepare draft contract documents for removal
of asbestos containing material from 19 of the 20
structures; and completed draft contract documents will
be incorporated into the overall plans and specifications
that will be bid for the entire roadway project.
583
ACTION:
It was explained that interviews were held with all
four firms inasmuch as they were all deemed qualified;
and negotiations were conducted with HDH Technical, Inc.,
the engineering firm felt to be the most qualified for
the project requirements.
The City Manager recommended that Council award an
engineering services reimbursement contract to HDH
Technical, Inc., in the amount of $34,000.00, and
appropriate $34,680.00 to Second Street/Gainsboro Road,
Account No. 008-052-9547-9001, and increase the
receivable account from the Virginia Department of
Transportation by $34,000.00.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#30890-022492) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 376.)
Mrs. Bowles moved the adoption of Ordinance No.
30890-022492. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser,
White, Bowers and Mayor Taylor--- --6.
NAYS: None
(Council Member Fitzpatrick was absent.)
Mrs. Bowles offered the following Resolution:
(#30891-022492) A RESOLUTION authorizing the
execution of a contract with HDH Technical, Inc., to
provide asbestos surveys and to prepare technical
specifications for removal of asbestos materials in 19
structures for the Second Street/Gainsboro Road Project,
upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 377.)
584
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Resolution No.
30891-022492. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser,
White, Bowers and Mayor Taylor ...... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Deputy Director of Finance
submitted the financial report for the City of Roanoke
for the month of January, 1992.
(For full text, see financial report on file in the City
Clerk's Office.)
Mr. Harvey moved that the financial report be
received and filed. The motion was seconded by Mr. White
and adopted.
REPORTS O? COMMITTEES:
AUDIT COMMITTEE: Council Member David A. Bowers,
Chairperson of the Audit Committee, presented minutes of
the Audit Committee meeting which was held on Monday,
February 3, 1992.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. Bowers moved that the minutes be received and
filed. The motion was seconded by Mr. White and adopted.
UNFINISHED BUSINESS: None
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None
OTHER HEARINGS OF CITIZENS: None
585
There being no further business, the Mayor declared the
meeting adjourned at 7:30 p.m.
APPROVED
~'~~~'ATTE ST: ~t~
City Clerk
586
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
March 2, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday,
March 2, 1992, at 2:00 p.m., the regular meeting hour, with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr.,
Howard E. Musser, William White, Sr., David A. Bowers, Elizabeth T.
Bowles and Mayor Noel C. Taylor .......... 6.
ABSENT: Council Member James G. Harvey, II
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dtbling, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mr. Richard A.
Harding, Associate Youth and Education Minister, Edgewood Christian
Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
BID OPENINGS
SEWERS AND STORM DRAINS: Pursuant to notice of
advertisement for bids for construction of the Luck
Avenue By-Pass Storm Drain Project, said bids to be
received by the City Clerk until 1:30 p.m., on Monday,
March 2, 1992, and to be held, opened and read before the
Council at 2:00 p.m., on that date, or as soon thereafter
as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no
representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of
the bids; whereupon, the City Clerk opened and read the
following bids:
ALTERNATE I ALTERNATE II
BIDDER BASE BID BASE BID
Aaron J. Conner General
Contractor, Inc.
Ramey, Inc.
$1,115,589.62
1,289,087.90
$1,108,998.60
-- 0 --
587
ACTION:
ACTION:
ACTION:
BIDDER
ALTERNATE I
BASE BID
ALTERNATE II
BASE BID
R. S. Jones and
Associates, Inc.
Branch Highways, Inc.
E. C. Pace Co., Inc.
H. T. Bowling, Inc.
W. C. English, Inc.
1,327,996.00
1,461,160.00
-- 0
1,769,536.00
-- 0
1,899,536.00
1,562,005.00
1,485,914.00
1,734,671.00
2,016,350.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and Kit B. Kiser as members
of the committee.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to three requests for Executive
Sessions to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council;
a matter regarding disposition of publicly held property;
and a personnel matter.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
588
ACTION:
Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Musser, White,
Bowers, Bowles and Mayor Taylor .......... 6.
NAYS: None 0.
(Council Member Harvey was absent.)
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss a matter with regard to
disposition of publicly held property, specifically
property previously occupied by Valley Metro, pursuant to
Section 2.1-344 (A)(3), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss a matter with regard to disposition of
publicly held property, specifically property previously
occupied by Valley Metro, pursuant to Section 2.1-344
(A)(3), Code of Virginia, (1950), as amended. The motion
was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Musser, White,
Bowers, Bowles and Mayor Taylor ...... 6.
NAYS: None' 0.
(Council Member Harvey was absent.)
HOUSING: A report of the City Manager advising that
Council previously referred to him the issue of
developing a valley-wide housing affordabllity strategy;
and Council's concern was that all valley governments
should be focused on affordable housing and should work
to develop and implement a comprehensive strategy to
address the housing needs of low and moderate income
citizens, was before the body.
It was explained that the Mayor and the City Manager
met with their counterparts from Roanoke County, the City
of Salem and the Town of Vinton to discuss the issue;
that each government has agreed to work through the
Roanoke Regional Housing Network to address the matter;
that each chief appointed official has agreed to appoint
an appropriate staff member to work with the Roanoke
Regional Housing Network, and, to that end, the City
589
,I
ACTION:
ACTION:
ACTION:
Manager advised that he had appointed Mr. Daniel
H. Pollock, Jr., City of Roanoke Housing Development
Coordinator, to represent the City of Roanoke.
The City Manager transmitted a communication
outlining strategy, the Board of Directors and the
mission statement of the Regional Housing Network.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Musser, White,
Bowers, Bowles and Mayor Taylor--- 6.
NAYS: None 0.
(Council Member Harvey was absent.)
PENDING LIST: A list of items pending from July 10,
1978, through February 24, 1992, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the pending list be
received and filed. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Musser, White,
Bowers, Bowles and Mayor Taylor 6.
NAYS: None 0.
(Council Member Harvey was absent.)
COUNCIL: An oral request of Vice-Mayor Howard E.
Musser for an Executive Session to discuss a personnel
matter, being the terms and conditions of employment of
the Director of Real Estate Valuation, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Vice-Mayor to convene in Executive Session
to discuss a personnel matter, being the terms and
conditions of employment of the Director of Real Estate
590
Valuation, pursuant to Section 2.1-344 (A)(1), Code of
Virginia, (1950), as amended. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Musser, White,
Bowers, Bowles and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Harvey was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
AFFIRMATIVE ACTION-CITY EMPLOYEES:
The City Manager presented a written report in the
form of a briefing on the status of equal employment and
Affirmative Action relative to City employment.
It was explained that specific Affirmative Action
and Equal Employment Opportunities Programs in which City
departments have participated in fiscal year 1990-91
include:
local job fairs
college job fairs
classroom discussions and visitations
police officer recruitment brochures
military base recruitment
National Organization of Black Law Enforcement
Executives Job Fair
Annual Ministerial Luncheon
City Manager's Community Relations Task Force
Minority Police Officer Recruitment Committee
Summer Internship Program
Mayor's Committee for the Disabled
The Ministerial Alliance Breakfast Program
Business Education Program
Cultural Diversity Training
The City manager pointed out that a City workforce
analysis indicates the percentage of minority workers to
the total composition remains consistent with that of
fiscal year 1990-91; that further analysis indicates that
591
ACTION:
in all Job categories, the City continues to maintain a
total workforce composition for non-white minorities
equal or higher than the percent of available workforce
in the Roanoke statistical area; and fiscal year 1990-91
hiring analysis of the City of Roanoke's full-time
workforce in all EEO categories indicates that 31.4 per
cent of new hires were non-white minorities and 42.2 per
cent were females.
It was pointed out that future initiatives include
continuing the City's ongoing effort to recruit and hire
more minority police officers, to ensure compliance with
the Americans with Disabilities Act, to develop and
implement a recruitment plan for the Fire Department
which will improve the City's ability to recruit and hire
women and minority firefighters, and to develop a City-
wide cultural diversity program in an effort to build
upon the diverse background of the City's workforce.
The City Manager advised that affirmative action is
an important tool to be used in nurturing and managing
the City's human resources and as the City moves toward
the year 2000, it is intended to have a well trained,
diverse workforce which will be the leading affirmative
action employer in the Roanoke Valley.
(For full text, see report on file in the City Clerk's
Office)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mrs. Bowles and
adopted.
ITEMS RECOMMENDED FOR ACTION:
CLERK OF CIRCUIT COURT-CITY EMPLOYEES: The City
Manager submitted a written report with regard to a
proposed contract between the Clerk of the Circuit Court
for the City of Roanoke and the City of Roanoke for
participation in the City's Classification and Pay Plans,
as well as certain other City benefits in which the Clerk
and his deputies and employees shall comply with Article
III, Officers and Employees Generally, and Article IV,
Personnel Management and Practices, of Chapter
Administration, of the Code of the City of Roanoke
(1979), as amended, all Personnel Operating Procedures,
all personnel regulations heretofore an hereafter
promulgated by the City Manager, the Grievance Procedure
and Affirmative Action Plan, as amended, of the City.
592
ACTION=
The City Manager recommended that he be authorized
to enter into said contract with the Clerk of Circuit
Court as above described.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following Resolution:
(#30892-030292) A RESOLUTION authorizing the City
Manager to extend full benefits of participation in the
City's Classification and Pay Plans to the Clerk of the
Circuit Court and his deputies and employees upon
execution by such Clerk of a written agreement between
the City and the Clerk, relating to the Clerk's
compliance with certain City ordinances, policies and
procedures.
(For full text of Resolution, see Resolution Book No. 53,
page 378.)
Mr. Bowers moved the adoption of Resolution No.
30892-030292. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Musser, White,
Bowers, Bowles and Mayor Taylor-- 6.
NAYS: None 0.
(Council Member Harvey was absent.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING
CONSORTIa4: The City Manager submitted a written report
with regard to funding for the Fifth District Employment
and Training Consortium, advising that the Consortium was
awarded Incentive Funds from the Governor's Employment
and Training Department, based upon exceptional
performance for the year July 1, 1990 through June 30,
1991; and Notice of Award #92-03-03 has been received
from the Governor's Employment and Training Department,
in the amount of $79,793.00, for administrative and
program training expenditures for the period January 7,
1992 through June 30, 1993.
The City Manager recommended appropriation of the
Consortium's additional funding of $79,793.00, and
increase the revenue estimate by $79,793.00 in accounts
to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
593
ACTION:
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#30893-030292) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 379.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30893-030292. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Musser, White,
Bowers, Bowles and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Harvey was absent.)
BUDGET-CHAMBER OF COMMERCE (CONVENTION AND VISITOR'S
BUREAU): The City Manager submitted a written report
with regard to the Roanoke Valley Convention and Visitors
Bureau, advising that $210,000.00 was budgeted by Council
for fiscal year 1991-92; that $25,000.00 was budgeted by
the Roanoke County Board of Supervisors and $5,000.00 was
budgeted by the Salem City Council for the Roanoke Valley
Convention and Visitors Bureau for fiscal year 1991-92;
that $28,700.00 in revenue from membership fees, interest
income and other miscellaneous contributions was budgeted
for fiscal year 1991-92; that $268,700.00 in revenue was
projected for the 1991-92 budget year for the Roanoke
Valley Convention and Visitors Bureau; that $287,165.00
was projected to be the total budget requirement for the
1991-92 budget period; and $18,465.00 was projected to be
the budget shortfall resulting from increased convention
activity in fiscal year 1991-92 requiring some degree of
underwriting in order to make venue and transportation
costs more competitive with other areas competing for
various conventions.
It was further advised that the Board of Directors
of the Roanoke Valley Convention and Visitors Bureau
requested the City of Roanoke, and agreed to seek
reimbursement from local governments on an in-kind basis,
for venue rental; that $3,000.00 was approved by the
Roanoke County Board of Supervisors; that $6,000.00 has
been received from the City of Salem ($2,000.00 for this
request and $4,000.00 relating to a specific convention);
and $13,465.00 is being requested from the City of
Roanoke to help underwrite the cost of venue and shuttle
services.
594
ACTION:
The City Manager recommended that Council
appropriate an additional $13,465.00 from Contingency
Reserve, Account No. 001-002-9410-2199, to the Roanoke
Valley Convention and Visitors Bureau, said funds to be
used to help underwrite venue and shuttle costs resulting
from increased convention activity in the Roanoke area
during fiscal year 1991-92.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#30894-030292) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 380.)
Mrs. Bowles moved the adoption of Ordinance No.
30894-030292. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Musser, White,
Bowers, Bowles and Mayor Taylor ........... 6.
NAYS: None 0.
(Council Member Harvey was absent.)
HOUSING-GRANTS: The City Manager submitted a
written report advising that the Virginia Housing
Partnership Fund was established by the General Assembly
to provide financing for a variety of housing programs
and activities benefitting low-moderate income citizens,
including the Local Housing Rehabilitation Loan Program;
that the City of Roanoke has received allocations from
the Local Housing Rehabilitation Loan Program since 1989
totaling $1,225,000.00; and the Program has been the
source of funds for grants and loans by the State to
property owners through the Home Purchase Assistance
Program, Owner-Occupied Rehabilitation Program, Rental
Rehabilitation Program and Neighborhood Stabilization and
Enhancement Program.
It was further advised that earlier allocations
largely have been depleted; that less than $50,000.00
remains uncommitted, with additional interested
applicants waiting; that the City Manger has requested
additional allocation of funds from the Department of
Housing and Community Development which administers the
Virginia Housing Partnership Fund; that the Department of
595
II
ACTION:
Housing and Community Development has allocated an
additional $100,000.00 in loan funds and $100,000.00 in
grant funds; that funds allocated are intended to be
available for use at least through June 30, 1992, if not
expended sooner; that additional allocation would be used
to continue programs operated with the help of earlier
allocations; and approval by Council is necessary in
order for the City Manager to execute the amendment to
the Program Administrative Agreement to provide for
acceptance of the additional allocation.
The City Manager recommended that he be authorized
to execute amendments to the Administrative Agreement
with the Department of Housing and Community Development
for the Local Housing Rehabilitation Loan Program,
accepting the supplemental allocation of $200,00.00 for
grants and loans to property owners; and an amendment to
the contract for services with the Roanoke Redevelopment
and Housing Authority with regard to affected programs.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30895-030292) A RESOLUTION authorizing an
amendment to the Administrative Agreement for the
Virginia Housing Partnership Fund's Local Housing
Rehabilitation Loan Program to accept a Supplemental
Allocation, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 381.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30895-030292. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Musser, White,
Bowers, Bowles and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Harvey was absent.)
BUDGET-PARKS AND PLAYGROUNDS: The City Manager
submitted a written report advising that VirginiaAmateur
Sports, Inc., is planning and implementing the 1992
Commonwealth Games of Virginia; that Commonwealth Games
of Virginia is a multi-sport event which is sometimes
referred to as a sports festival involving both Olympic
and non-Olympic sporting event competition; that the 1990
Virginia CorEast State Games attracted over 4,000
athletes and their families and the 1991 Games attracted
596
ACTION:
approximately 5,750 athletes and their families to the
Roanoke Valley; and the City provided financial support
totalling $30,000.00 to the 1991 Games in June, 1991, as
well as various types of in-kind support.
It was further advised that the Commonwealth Games
of Virginia are scheduled for June 24 through June 30,
1992; that athletic competition will be held in all four
Roanoke Valley Jurisdictions, as well as in other more
distant locations such as Smith Mountain Lake, Lexington,
Dublin, etc.; that the 1992 Games are expected to attract
over 6,000 athletes and their families from all areas of
Virginia; that Council will be requested to waive rental
fees for certain City facilities and grant concession
rights to Virginia Amateur Sports, Inc., in support of
the 1992 Games at a future date; that Virginia Amateur
Sports, Inc., has experienced cash flow problems in
recent months and has made certain management decisions
to partially address the problem; that private sector
financial support for 1992 is scheduled to come in during
the March to June time frame; that adequate financial
resources are critical to ensure that the 1992 Games are
conducted in a quality fashion; and Roanoke County has
provided financial support of $25,000.00.
The City Manager recommended that Council
appropriate $30,000.00 to Virginia Amateur Sports, Inc.,
from the Contingency Reserve, Account No. 001-002-9410-
2199.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#30896-030292) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 382.)
Mrs. Bowles moved the adoption of Ordinance No.
30896-030292. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Musser, White,
Bowers, Bowles and Mayor Taylor--- 6.
NAYS: None- 0.
(Council Member Harvey was absent.)
597
ACTION=
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 2:30 p.m., the Mayor declared the meeting in
reeess.
At 3:00 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Member Harvey.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Musser, White,
Bowers, Bowles and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Harvey was absent.)
ROANOKE ARTS COMMISSION: The Mayor advised that
there is a vacancy on the Roanoke Arts Commission created
by the resignation of Elizabeth K. Bernard, and called
for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of
E. Antoinette Hale.
There being no further nomination, Ms. Hale was
elected as a member of the Roanoke Arts Commission for a
term ending June 30, 1993, by the following vote:
598
ACTION:
ACTION:
FOR MS. HALE: Council Members Fitzpatrick, Musser,
White, Bowers, Bowles and Mayor Taylor .... 6.
(Council Member Harvey was absent.)
BUSES-CITY PROPERTY SALE/PURCHASE OF PROPERTY: The
City Manager submitted a written report advising that the
original Valley Metro Bus Garage and associated parcels
became surplus property to the City when the new office
and maintenance facility opened in 1990; that Council
authorized sale of the surplus property by the Office of
Economic Development, through negotiation on
September 11, 1989, that underground storage tanks were
removed from the property in 1991, and Environmental
Protection Agency and Virginia Water Control Board
regulations were applicable to the removal; that a total
of $354,997.00 was expended to remove the tanks and
contaminated material; that the City has requested
reimbursement, in the amount of $287,500.00, from the
Commonwealth of Virginia Underground Storage Tank Clean
Up Fund; and, to date, no further action has been
required by the Virginia Water Control Board, and the
Board has not responded to the City's request for
reimbursement or site clean up.
It was further advised that the property has been
marketed for sale by the Office of Economic Development
for approximately 30 months; and a written offer has been
received from Thor Construction Company, in the amount of
$210,000.00.
The City Manager recommended that Council authorize
sale of the original Valley Metro Bus Garage and
associated parcels, Official Tax Nos. 4110601, 4110602,
4110603, 4110604, 4110605, 4110508, 4110609, 4110610,
4110611, 4110701, 4110711, 4110712, 4110713, 4110801,
4110802, 4110803, 4110806, 4110407, and 4110408 to Thor
Construction Company by Special Warranty Deed, in a form
to be approved by the City Attorney, for $210,000.00, and
place proceeds from the sale into Accounts Receivable No.
008-1272.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the following Ordinance
be placed upon its first reading:
599
(#30897)
conveyance of
utilized by
conditions.
AN ORDINANCE providing for tile sale and
certain City-owned property previously
Valley Metro, upon certain terms and
(For full text of Ordinance, see Ordinance Book No. 53,
page 383.)
ACTION:
The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Musser, White,
Bowers, Bowles and Mayor Taylor ............ 6.
NAYS: None 0.
(Council Member Harvey was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 3:05 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
COMMONWEALTH of V]REjIN/A
THE LIBRARY of VIRGINIA
serving the archival and research needs ot Vi~inians since 1823
MICROFILM CAMERA OPERATOR'S CERTIFICATE
THIS IS TO CERTIFY THAT THE MICROPHOTOGRAPHS APPEARING
ON THIS REEL ARE TRUE AND ACCURATE REPRODUCTIONS OF THE
RECORDS LISTED ON THE .TITLE SHEET PRECEDING EACH VOLUHE OR
SERIES OR RECORDS HICROFILMED THEREON; THAT THE RECORDS
WERE MICROFILMED iN THE DATE, OR DURING THE PERZOD, AND AT
THE REDUCTION RATIO INDICATED; AND THAT WHEN MICROFII..HED
THE RECORDS WERE IN THE CUSTODY OF THE DEPARTRENT, OFFICE,
OR INDIVIDUAL LISTE9 ON TIlE TITLE SHEET,
Iq LL~I~.~,~ ~MERA' UPERATOR
DATE
(804) 786-2332
(V/I'DD) (804) 786-3618
STREET AT GAPITOE. ,~:~l~d:lE, RICHMOND 23219-3491
(FAX) (804) 786-5855
ROANOKE CITY
Office of the City Clerk
City Council Journal
'2:
X
m
0
John C. Tyson
STATE LIBRARIAN
COMMONWEALTH of VIRGINIA
VIRGINIA STATE LIBRARY
and
ARCHIVES
(804)786-2332
(V!TDDHS04)786-3618
(FAX)(804)786-5855
CERTIFICATE OF AUTHENTICITY
This is to certify thor the records oppeorlng on this
microform were mGde ovoiloble for microfilming by the office
listed on the Title Sheet ond were In the legol custody of
tllot office or of the Vlrginio Store Librory os outhorlzed by
Sections 8.0]-39], 15.]-8, q2,l-82, q2,1-83 of the Code of
Vlrglnio,
lg oture of ~Custodlon
_'
Dote
IIt~1 &'TRIer AT CAPITOL. SQUARE.. RICHMOND. VA 25,1~-~4~1
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
March 9, 1992
7:30 p.m.
The Council of the City of Roanoke met in regular session in the
City Council Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, on Monday, March 9, 1992, at 7:30 p.m.,
the regular meeting hour, with Mayor Noel C. Taylor presiding, pursuant
to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code
of the City of Roanoke (1979), as amended.
PRESENT: Council Members James G. Harvey, II, Howard E. Musser,
William White, Sr., Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr.,
and Mayor Noel C. Taylor-- ---6.
ABSENT: Council Member David A. Bowers--
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend David A. Kirk,
Pastor, Northminster Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT-COUNCIL: Council
Member Elizabeth T. Bowles presented a Proclamation on behalf
of the entire Council declaring Wednesday, March 11, 1992 as,
A Day Of Prayer, for Mayor Noel C. Taylor who will retire from
public office on June 30, 1992, after serving 22 years as a
member of the Roanoke City Council due, in part, to health
related problems.
Mrs. Bowles advised that more than 800 members of the
High Street Baptist Church will conduct a 24 hour Prayer
Vigil, commencing at 12:01 a.m., on Wednesday, March 11 and
continuing until 12:00 midnight, at which time members of the
congregation will ask the Lord to lay His healing hand upon
our Mayor that he will overcome his health problems and
experience a rapid and complete recovery. On behalf of
Council, Mrs. Bowles stated that it was fitting for the entire
City to join with the High Street Baptist Church congregation
by remembering the Mayor in prayer on Wednesday, March 11,
1992.
(For full text, see Proclamation on file in the City Clerk's
Office.)
BID OPENING
ARMORY/STADIUM: Pursuant to notice of advertisement for
bids for repairs and replacement of a masonry wall in the west
stand at the south end of Victory Stadium, said bids to be
received by the City Clerk until 4:30 p.m., on Monday,
March 9, 1992, and to be held, opened and read before the
Council at 7:30 p.m., on that date, or as soon thereafter as
the matter may be heard, the Mayor asked if anyone had any
questions about the advertisement for bids, and no
representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following
bids:
ACTION:
BIDDER
BASE BID TOTAL
Construction Services of
Roanoke, Inc.
Acorn Construction, Inc.
Building Specialists, Inc.
R. L. Lucas Construction
Co., Inc.
$21,200.00
23,800.00
25,900.00
29,269.00
Mr. Harvey moved that the bids be referred to a committee
to be appointed by the Mayor for tabulation, report and
recommendation to Council. The motion was seconded by Mr.
Musser and adopted.
The Mayor appointed Messrs. William
Chairperson, William F. Clark and George C.
members of the committee.
White, Sr.,
Snead, Jr., as
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the Members of
Council and would be enacted by one motion in the form, or
forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda
and considered separately. He called specific attention to
two requests for Executive Sessions to discuss a matter with
regard to vacancies on various authorities, boards,
commissions and committees appointed by Council; and a matter
of probable litigation being a claim by the City for certain
delinquent accounts.
MINUTES: Minutes of the special meeting of Council held
on Monday, December 2, 1991; and the regular meetings of. ~
3
ACTION:
ACTION:
Council held on Monday, December 2, 1991, Monday, December 9,
1991, and Monday, December 16, 1991, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the reading of the minutes be
dispensed with and that the minutes be approved as recorded.
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor ...... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
COUNCIL: A report of the City Attorney requesting an
Executive Session to discuss a matter of probable litigation,
being a claim by the City for certain delinquent accounts,
pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
4
ACTION=
ACTION:
Mr. Fitzpatrick moved that Council concur in the request
of the City Attorney to convene in Executive Session tc
discuss a matter of probable litigation, being a claim by the
City for certain delinquent accounts, pursuant to Section 2.1-
344 (A)(7), Code of Virginia, (1950), as amended. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
ZONING-FLOOD CONTROL: A report of the City Manager with
regard to the status of suggestions offered by Mr. Ren T.
Heard as to revisions to specific provisions of the flood
plain regulations contained in the Zoning Ordinance, which
suggestions were referred to the City Administration for
further consideration, was before Council.
The City Manager advised that at the present time, City
Planning staff is drafting language which would address the
latest suggestions; that the Ordinances and Names Subcommittee
of the Planning Commission will then consider the proposals
and make a recommendation to the full Commission; that if the
Commission feels that the Zoning Ordinance should be amended
to include the latest suggestions, it will be necessary to
schedule a public hearing which is likely to be held in April,
with final recommendations to Council in May; and if the City
Planning Commission does not feel that the Zoning Ordinance
should be amended at this time, their recommendation to
Council could possibly be included on an April agenda.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received and
filed. The motion was seconded by Mrs. Bowles and adopted by
the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor ................ 6.
NAYS: None .... 0.
(Council Member Bowers was absent.)
BUDGET-SCHOOLS: A report of the City Manager
recommending approval of the following proposed schedule for
the fiscal year 1992-93 budget study process, was before
Council.
DATE and TIME
Monday, April 20
8:00 a.m.
Monday, April 20
10:00 a.m.
Monday, April 20
2:00 p.m.
ACTIVIT~
City Manager briefs department
managers on Recommended
Budget -- civic Center Exhibit
Hall
City Manager's press conference
to release Recommended
Budget
Public presentation of
Recommended Budget to City
Council
Monday, April 20
Monday, April 27
7:00 p.m.
Advertisements of public
hearings on Recommended Budget
and tax rates appear in newspaper
Public hearings on Recommended
Budget and tax rates --Civic Center
Exhibit Hall
Wednesday, May 6
9:00 a.m. - 12 noon
OR
2:00 p.m. - 5:00 p.m.
Thursday, May 7
9:00 a.m. - 12 noon
Thursday, May 7
1:00 p.m. - 3:00 p.m.
Friday, May 8
9:00 a.m. - 12 noon
City council/City
Administration Budget Study
Session
Optional Work Session if needed
City council/School Board Budget
study Session
City Council/City Administration
Budget study Session
Final City council/City
Administration Budget study Session.
Afternoon session can be scheduled if
needed.
6
ACTION
Monday, May 11
7:30 p.m.
OR
Thursday, May 14
City Council adopts FY 1992-93
Budget and related ordinances
and resolutions.
City Council authorizes a
special 2:00 p.m. meeting of
Council for Thursday, May 14 to
adopt the FY 1992-93 Budget and
related ordinances and resolutions.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the proposed
budget study schedule. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor ............... 6.
NAYS: None -0.
(Council Member Bowers was absent.)
PLANNING: A communication from Willard N. Claytor
tendering his resignation as a member of the Roanoke City
Planning Commission, effective March 6, 1992, inasmuch as he
has accepted the position of Director of Real Estate Valuation
for the City of Roanoke, was before Council.
(For full text, see communication on file in the City Clerk's
Office.)
ACTION:
Mr. Fitzpatrick moved that the communication be received
and filed. The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor ........... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND COMMUNICATIONS:
None.
ACTION:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of $25,000.00 for the
1991-92 Chess Program, advising that a contribution was
received for chess instruction and participation in chess
tournaments, was before Council.
A report of the Director of Finance recommending that
Council concur in the request of the School Board, was also
before Council
(For full text, see communication and report on file in the
City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#30898-030992) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
383.)
Mr. White moved the adoption of Ordinance No. 30898-
030992. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor- --6.
NAYS: None 0.
(Council Member Bowers was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-HOUSING-HUMANRESOURCES: The City Manager
submitted a written report advising that for the past five
years, Council has accepted Emergency Shelter Grants Program
grant awards allocated under the Stewart B. McKinney Homeless
Assistance Act from the U. S. Department of Housing and Urban
Development to provide services to the homeless; and funds
8
from all five grant awards were appropriated to an Emergency
Shelter Resource Fund enabling local non-profit organizations ....
to apply for financial support to improve and/or maintain the
quality of shelter facilities and services.
It was further advised that fiscal year 1992 Emergency
Shelter Grants Program appropriations remained the same,
nationally, as 1991 levels, resulting in the City's share
remaining at $41,000.00; that an Emergency Shelter Grants
Program grant allocation of $41,000.00 for fiscal year 1992
has been awarded to the City of Roanoke by the U. S.
Department of Housing and Urban Development; that the funds
which are allocated under the Department of Housing and Urban
Development - Stewart B. McKinney Homeless Assistance Act,
must be used to provide assistance to the homeless; that the
City's Emergency Shelter Resource Fund will provide the avenue
for distributing the funds to local shelter providers serving
the needs of the homeless; that the City will invite
applications from all local shelter providers to ensure the
most cost beneficial use of the funds; and the Follow-Up Task
Force on Homelessness will review proposals and advise the
City Manager on proposals for recommendation to City Council.
The City Manager recommended that he be authorized to
execute the necessary documents accepting the fiscal year 1991
Emergency Shelter Grants Program grant award; and that
$41,000.00 be appropriated for the Emergency Shelter Grants
Program to an account to be established in the Grant Fund by
the Director of Finance and increase the revenue estimate in
the Grant Fund.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency budget
ordinance:
(#30899-030992) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
384. )
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
30899-030992. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor- 6.
NAYS: None --- 0.
(council Member Bowers was absent.)
Mr. Fitzpatrick offered the following Resolution:
(#30900-030992) A RESOLUTION accepting an offer of
certain Emergency Shelter Grant Program funds (ESGP) made to
the City by the United States Department of Housing and Urban
Development; and authorizing execution of the City's
acceptance of the aforesaid grant offer and agreement, on
behalf of the City, to comply with the terms and conditions
and requirements of said Department pertaining thereto.
(For full text of Resolution, see Resolution Book No. 53, page
385.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30900-030992. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor-- 6.
NAYS: None 0.
(Council Member Bowers was absent.)
HENRY STREET REVIVAL COMMITTEE-PLANNING-GRANTS: The City
Manager submitted a written report advising that Council
authorized the loan of Community Development Block Grant funds
to Total Action Against Poverty, in the amount of $212,000.00,
for asbestos removal and other improvements to the Henry
Street Music Center, pursuant to Ordinance No. 29922-2590,
adopted February 5, 1990; that the loan was to be repaid in
two years at no interest; that pursuant to agreement under
date of February 9, 1990, Total Action Against Poverty agreed
to provisions of the loan, with the loan to be payable in full
in two years; and Community Development Block Grant funds
loaned to TAP were originally intended for public improvements
as a part of the Henry Street revival.
10
ACTION:
It was further advised that on February 6, 1992, the
City's Grants Monitoring Administrator reminded the Executive"-
Director of Total Action Against Poverty that the loan was
due; and TAP responded that it was unable to repay the loan at
this time, and requested that the loan be forgiven or extended
for five years under the same terms.
The City Manager recommended that he be authorized to
execute a Note and Deed of Trust extending the terms of the
loan to Total Action Against Poverty for a period of five
years, at no interest, due and payable at the end of that
time.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following Resolution:
(#30901-030992) A RESOLUTION authorizing the City
Manager to execute Amendment No. 1 to the Agreement with Total
Action Against Poverty in Roanoke Valley, Inc. (TAP), to
provide for the extension of a loan of Community Development
Block Grant funds for asbestos removal and other improvements
to the Henry Street Music Center, upon certain ter~s,and
conditions, f
(For full text of Resolution, see Resolution Book No. 53, page
386.)
Mrs. Bowles moved the adoption of Resolution No. 30901-
030992. The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Harvey,
Fitzpatrick and Mayor Taylor .......
Musser, Bowles,
NAYS: None 0.
(Council Member Bowers was absent and Council Member White
abstained from voting.)
BUDGET-COMMONWEALTH'S ATTORNEY-POLICE DEPARTMENT~ The
City Manager submitted a written report advising that Congress
amended 21 USC. Sec. 881 el-4, October, 1986, which authorized
the transfer of certain federally forfeited property to state
and local law enforcement agencies participating in the
investigation and seizure of certain property; that
application for an equitable share of property seized by local
law enforcement must be made to the U. S. Department of
Justice and certified by the City Attorney as to the
appropriate agency and representative to receive the property
11
and that the transfer is not prohibited by state and local
law; that property, including funds shared with state and
local agencies, may be used only for the purpose stated in the
application, i.e., narcotics investigations related to law
enforcement; that the agency requesting the transfer of
property must agree to pay fees and expenses necessary to
effect the transfer; and Council at its regular meeting on
Monday, January 4, 1988, authorized the Director of Finance to
establish grant fund accounts from which funds may be
dispersed in accordance with provisions of the program.
It was further advised that the Police Department
receives additional funds periodically from the Federal
Government's asset sharing program; that action by Council is
necessary to accept additional funds to be dispersed in
accordance with provisions of the program; that revenues
collected through March 2, 1992, for the grant are $584,741.27
which have been deposited in Grant Account No. 035-035-1234-
7060; that current revenue is estimated at $474,412.00; that
funding received in excess of the estimated revenue, totalling
$110,329.00, needs to be appropriated at this time; and
expenditures from the grant through March 2, 1992 are
$334,541.21.
The City Manager recommended that Council accept
additional funds, in the amount of $110,329.00, from the U. S.
Department of Justice, Forfeited Property Sharing Program;
authorize the Director of Finance to appropriate $110,329.00
to a grant account entitled, Investigations and Rewards,
Account No. 035-050-3300-2150; and increase the revenue
estimate by $110,329.00 in Account No. 035-035-1234-7060.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency budget
Ordinance:
(#30902-030992) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
387.)
12
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
30902-030992. The motion was seconded by Mr. Musser and-'-
adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
CITY PROPERTY-COMMONWEALTH OF VIRGINIA BUILDING: The
City Manager submitted a written report advising that the
General Services Administration leases approximately two-
thirds of the second floor of the Commonwealth Building for
use by the U. S. Bankruptcy Court; that terms of the General
Services Administration lease state that the lease will begin
not later than September 1, 1985, for a ten year period until
August 31, 1995; that the lease also includes a 336 square
foot office on the first floor, at a current rate of $9.55 per
square foot; that the Commonwealth of Virginia, Department of
General Services, leases the remainder of the structure,
including the other approximately one-third of the second
floor, for use by various state offices; and the term of the
Department of General Services lease is from July 1, 1985,
through June 30, 2005, at a current rate of $8.51 per square.
foot.
It was further advised that the State Departments on the
second floor have already vacated their spaces, which include
the Department of Education and the Alcoholic Beverage Control
Board; that the Federal Bankruptcy Court desires more space
and the General Services Administration has proposed a lease
revision that would include the entire second floor; that the
General Services Administration has also agreed to contract
for its own remodeling to be done with City approval, however,
the GSA has resisted in requiring its contractor to be insured
and bonded in order to protect the City as required by law;
and in order to meet this requirement, the City will pay the
premiums for such bonding and insurance.
The City Manager recommended that he be authorized to
execute the revised lease agreements between the City and the
Commonwealth of Virginia, Department of General Services, and
the Federal General Services Administration permitting the
Department of General Services to relinquish all of its
currently leased space on the second floor of the Commonwealth
13
ACTION:
Building, and permitting the General Services Administration
to add to its current lease all of the leasable space on the
second floor released by the Department of General Services.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be placed
upon its first reading:
(#30903) AN ORDINANCE providing for the relinquishment
by the Commonwealth of Virginia of certain premises in the
Commonwealth Building leased from the City and authorizing the
lease of such premises to the United States of America, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53, page
395.)
The motion was seconded by Mr. Fitzpatrick and adopted by
the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor--- 6.
NAYS: None .......... 0.
(Council Member Bowers was absent.)
SHERIFF-EQUIPMENT: The City Manager submitted a written
report concurring in a report of a bid committee with regard
to the lease of vehicular equipment for use by the Sheriff's
Department.
The bid committee recommended that Council authorize
acceptance of the bids submitted by Magic City Motor
Corporation to lease one full size automobile, at a cost of
$379.98 per month, and one eight passenger window van, at a
cost of $439.76 per month, to the Sheriff's Department.
(For full text, see reports on file in the City Clerk's
Office.)
14
ACTION=
Mr. Harvey offered the following Resolution:
(#30904-030992) A RESOLUTION providing for lease of one
new full size automobile and one eight passenger window van
for use by the Sheriff's Department, upon certain terms and
conditions, by accepting a bid made to the City for lease of
such vehicles.
(For full text of Resolution, see Resolution Book No. 53, page
388.)
Mr. Harvey moved the adoption of Resolution No. 30904-
030992. The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor ........... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
AIRPORT-TAXES: The City Manager submitted a written
report with regard to concerns expressed by Mr. James Hopkins
and others at the regular meeting of Council on Monday,
February 3, 1992, as to personal property taxation of general
aviation aircraft, at which time the method of taxing
airplanes and evaluation of the new method of taxation on the
economic activity at the airport was referred to the City
Manager for study, report and recommendation to Council.
The City Manager advised that there are four issues to be
considered; viz: method of taxing airplanes, impact on local
property tax assessment on aircraft on the overall economic
activity at the airport, impact of local property tax
assessment on the number of occupied flight service tower
operating hours, and taxation as a method of providing
revenues to provide services in general.
It was explained that the Commissioner of Revenue may
assess aircraft by means of a recognized pricing guide or a
percentage of the original cost; that in recognition of the
slow depreciation in value of aircraft, the Commissioner of
Revenue decided in 1990 that the more realistic method of
establishing fair market value for aircraft was to change from
the percentage method to the pricing guide method (Aircraft
Digest Blue Book); that the Commissioner of Revenue intended
15
to phase in the new method starting with new aircraft
acquisitions in 1991; and the tax rate for personal property
may be uniform for all classifications on personal property or
may be different for each of the state authorized
classifications, including aircraft.
The City Manager explained that many factors influence
the general economic activity at the airport; that any factor
that increases the cost of owning and operating an aircraft
has an adverse effect, however immeasurably small, on the
overall economic activity at the airport; that the impact of
local taxes is immeasurable but is obviously negative; and
with regard to the impact of local property tax assessment on
the number of occupied air traffic control tower operating
hours, like the impact on the overall economic activity, the
impact of local taxes is immeasurably small but must be
considered negative.
The City Manager recommended the following steps:
Request the Commissioner of Revenue to
immediately use the Aircraft Digest Blue
Book in establishing the assessed value
for all taxable aircraft.
Establish aircraft as a separate
classification of personal property tax
with a separate tax rate of $1.78 per
$100.00 assessed value, which rate is
estimated to produce the same amount of
annual revenue as the previous percentage
of original cost method, effective with
all tax bills mailed for calendar year
1992, e.g. retroactive to January 1,
1992.
The City Manager advised that establishment of the
special category personal property tax rate will accomplish
the following:
Apply the recognized theme of tax
incentives to reduce the local tax cost
to aircraft owners and encourage aircraft
being based in Roanoke.
Reduce the negative impact, however
small, that local taxes have on the
overall airport economic activity and
hours of occupied air traffic control
tower operations.
16
The City Attorney submitted a written report advising
that at the Council meeting on Monday, February 3, 1992, he'-'
was requested to render an opinion as to whether Council may
lawfully levy personal property tax on aircraft at a rate
different from that levied on tangible personal property in
general; whereupon, he responded in the affirmative.
Mr. Dibling explained that the Commissioner of Revenue
formerly assessed aircraft by means of a percentage or
percentages of original cost; that recently, the Commissioner
has begun to assess aircraft by means of a recognized pricing
guide; that this change in assessment methodology has resulted
in higher assessments for aircraft owners and, accordingly,
higher tax bills; and as a result, some aircraft owners have
reportedly moved their aircraft from the Roanoke Regional
Airport to other airports.
The City Attorney pointed out that Section 2(1), Roanoke
City Charter, bestows upon Council the general power of
taxation; that the section authorizes Council to raise
annually by taxes and assessments such sums of money as
Council deems necessary for the purposes of the City in such
manner as Council shall deem expedient, in accordance with the
Constitution and laws of the Commonwealth and the Constitution
and laws of the United States; and Section 58.1-3500, Code of
Virginia (1950), as amended, provides that tangible personal
property, such as aircraft, is segregated for and made subject
to local taxation only.
The City Attorney advised that while assessment of
tangible personal property is a responsibility of the
Commissioner of Revenue, it is the responsibility of Council
to establish the applicable tax rate; that as to tangible
personal property subsection (b) of S58.1-3506 provides that
City Council may ordain a different tax rate for each
classification of personal property enumerated in S58.1-3506
of the State Code; that within ~58.1-3506, the following two
classifications of aircraft are enumerated: (1) "Aircraft
having a maximum passenger seating capacity of no more than 50
which are owned and operated by scheduled air carriers
operating under certificates of public convenience and
necessity issued by the State Corporation Commission or the
Civil Aeronautics Board," and (2) "Ail other aircraft not
included in subdivision A.2 above and flight simulators
(~58.1-3506.A.2 and 3); and the only limitation on Council's
authority to levy a different rate of tax on the
17
ACTION:
classifications of tangible personal property established by
S58.1-3506, such as the two classifications of aircraft, shall
not exceed that applicable to the general class of tangible
personal property.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
recommendation of the City Manager and that the following
Ordinance be placed upon its first reading:
"AN ORDINANCE to amend and reordain S32-104, bevied;
rate, Code of the City of Roanoke (1979), as amended, to add
a new subsection (d) imposing and levying tangible personal
property tax at the rate of $1.78 per $100.00 of fair market
value for certain aircraft established as a new classification
for purposes of tangible personal property taxation."
The motion was seconded by Mrs. Bowles.
Mr. Harvey advised that if the Federal Government, in its
present cost cutting mood, determines that there is not
sufficient air traffic in and out of the airport to Justify
the use of the radar system, the facility will be closed.
Mr. Roy E. Spicer, Secretary, General Aviation
Association of Roanoke, advised that in early February he
presented certain concerns to Council relating to airport
operation in general and the tax issue effecting general
aviation, corporative and business aviation. He stated while
the City Manager's recommendation is a step in the right
direction, the main issue is the loss of aircraft at the field
and without air traffic flow, there will not be a sufficient
number of operations to maintain the level of personnel or
possibly the radar sites. He stated that his purpose in
appearing before Council in February was to point out that
there are problems and real issues to be addressed, advising
that the City Manager's reco~mendation is no more than a
short-term, stopgap method, although it is a step in the right
direction. He stated that the City Manager is proposing a tax
rate of $1.78 per $100.00 of assessed value; and the City
Administration approached the Commissioner of Revenue and
asked that a tax rate be established that would generate the
same amount of dollars in revenue. As an example, he referred
to a business aircraft assessed hypothetically at $100,000.00
which was owned for a period of five years, and under the
prior method of assessment, there was a reduced depreciation
basis for the aircraft to be taxed after five years at 20 per
cent of the purchase value which would have brought the tax
base down to $20,000.00, and at the current rate of assessment
18
of $3.45 per $100.00, the tax bill would be $690.00. He
stated that under the proposed new tax rate, that same--'
aircraft has maintained a value of $80,000.00, with a tax of
$17.80 per $1,000.00, for a new total tax bill of $1,424.00,
which is unfair. He pointed out that the private aircraft
owner will benefit from the proposed method of taxation, but
business aviation will continue to relocate its aircraft
elsewhere because there is no incentive to remain in Roanoke.
He added that the City may wish to consider setting a tax rate
based on the percentage of the value of an aircraft, advising
that the proposed method which, on the surface looks good, is
not for the betterment of business aviation.
The City Manager advised that if the question is to place
in effect hold harmless provision and endeavor to adjust the
tax rate under the new method of valuing property, based on
research by the City, the $1.78 per $100.00 will generate the
same amount of taxes as $3.45 per $100.00 under the former
valuation method. He stated that in assessing aircraft, one
would literally have to go owner by owner and compute the
value under the new valuation method, then take the pre-
January, 1992 valuation method and compare the pre-1992 method
against the new method of valuation and compute an individual
tax rate in order to hold aircraft owners harmless from one
valuation method to another inasmuch as only one rate can be
set. He advised that if the policy direction of Council is to
have the tax computed at a rate whereby the aircraft owner
will not pay any more than he or she is currently paying, it
falls to reasonable thinking that all aircraft owners below
that level will benefit to some additional degree. He
explained that he had endeavored to make the City whole,
however, if he had not addressed the issue to Council's
satisfaction, he would like to receive general direction
and/or guidance as to the criteria against which Council would
like to have the matter developed.
Mr. Harvey inquired if a meeting could be held with the
Commissioner of Revenue to discuss the assessment procedure
and reach a compromise. For example, he called attention to
a $30,000.00 airplane which has been assessed on a declining
scale for ten years, advising that the tax rate on that small
private aircraft will double during that period of time.
Mr. Spicer advised that Mr. Harvey was correct in his
statement that the tax rate will double and, in some cases,
there could be even larger increases, not only for the small
aircraft owner, but for the business corporative owner as
well. He called attention to a decline in commercial air
traffic into Roanoke when just recently U. S. Air announced
that it was cutting back on flights. He pointed out that the
City is confronted with the question of whether it wants to
19
ACTION:
maintain the same revenue dollars deposited in the General
Fund from aviation participants, or does the City want to do
something that acts as an incentive for business aviation
growth, thereby increasing the overall tax base.
Mr. Fitzpatrick requested additional information and
input as to general aviation costs, and the amount of funds
received in revenue, as well as the total tax structure.
Mr. James T. Hopkins, President, Piedmont General
Aviation, advised that the $1.78 tax rate proposed by the City
Manager is fair, however, he also concurred in the remarks of
Mr. Spicer.
Following discussion, Mr. Harvey offered a substitute
motion that the matter be tabled until the regular meeting of
Council on Monday, March 23, 1992, and that the Mayor be
requested to appoint a representative of Council to meet with
the Commissioner of Revenue in an effort to reach a compromise
solution to the assessment procedure. The motion was seconded
by Mr. Fitzpatrick and adopted.
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance submitted
a written report with regard to the status of City employee
personnel lapse for fiscal year 1991-92 as of January 31,
1992.
"GENERAL FUND:
Total Budgeted Personnel Lapse
First Quarter Personnel Lapse
Reduction $367,965
First Quarter Revenue
Adjustment (82,216)
($875,000)
Transfer to Civic Center
Adjustment
Net First Quarter Reduction
19,511
$ 305,260
Second Quarter Personnel
Lapse Reduction
Second Quarter Revenue
Adjustment
Transfer to Civic Center
Adjustment
Net Second Quarter Reduction
Personnel Lapse Balance
Remaining after Second Quarter
$442,084
( 58,304)
20,234
404,014
2O
ACTION:
Note: The reduction in the Transfers to Civic Center
Fund account will require a corresponding reduction in--
Civic Center revenues and expenditures.
INTERNAL SERVICE FUND:
Total Budgeted Personnel Lapse
First Quarter Personnel Lapse
Reduction
Second Quarter Personnel Lapse
Reduction
($100,000)
50,367
28,599
Personnel Lapse Balance Remaining
after Second Quarter
($ 21,034)"
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency budget
ordinance:
(#30905-030992) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General, Civic Center and
Internal Service Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
389.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30905-030992. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Bowers was absent.)
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION ~uND
RESOLUTIONS:
CONSIDERATION OF
ORDINANCES AND
SALE/PURCHASE OF PROPERTY-BUSES-CITY PROPERTY: Ordinance
No. 30897-030992 conveying certain City-owned property,
described as Official Tax Nos. 4110601, 4110602, 4110603,
4110604, 4110605, 4110608, 4110609, 4110610, 4110611, 4110701,
21
ACTION:
4110711, 4110712, 4110713, 4110801, 4110802, 4110803, 411406,
4110407 and 4110408, upon terms and conditions set forth in a
report of the City Manager under date of March 2, 1992,
previously utilized by Valley Metro to Thor Construction
Company, upon appropriate payment to the City of $210,000.00,
having previously been before the Council for its first
reading on Monday, March 2, 1992, read and adopted on its
first reading and laid over, was again before the body, Mr.
Fitzpatrick offering the following for its second reading and
final adoption:
(#30897-030992) AN ORDINANCE providing for the sale and
conveyance of certain City-owned property previously utilized
by Valley Metro, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53, page
383.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30897-030992. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor- 6.
NAYS: None
(Council Member Bowers was absent.)
DIRECTOR OF REAL ESTATE VALUATION-CITY EMPLOYEES: Mr.
Musser offered the following resolution amending Resolution
No. 30879-021092 electing and appointing Wlllard N. Claytor as
Director of Real Estate Valuation, such amendment changing the
effective date of Mr. Claytor's appointment from April 1,
1992, to March 3, 1992:
(#30906-030992) A RESOLUTION amending Resolution No.
30879-021092, electing and appointing Willard N. Claytor as
Director of Real Estate Valuation, such amendment changing the
effective date of Mr. Claytor's election appointment from
April 1, 1992, to March 23, 1992.
(For full text of Resolution, see Resolution Book 53, page
394.)
ACTION:
ACTION:
Mr. Musser moved the adoption of Resolution No. 30906-
030992. The motion was seconded by Mr. White and adopted by
the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor ............ 6.
NAYS: None' - 0.
(Council Member Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 8:50 p.m., the Mayor declared the meeting in recess.
At 9:30 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of the
Council in attendance, with the exception of Council Member
Bowers.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. White moved that each Member of City Council
certify to the best of his or her knowledge that: (1) only
public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act;
and (2) only such public business matters as were identified
in any motion by which any Executive Session was convened were
heard, discussed or considered by City Council. The motion
was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowles,
Fitzpatrick and Mayor Taylor .......... 6.
NAYS: None -0.
(Council Member Bowers was absent.)
HOUSING: The Mayor advised that the three year terms of
Messrs. Daniel E. Karnes, Hugh A. Meagher and George A.
McLean, Jr., as members of the Fair Housing Board will expire
on March 31, 1992, and called for nominations to fill the
vacancies.
Mr. Fitzpatrick placed in nomination the names of
Daniel E. Karnes, Hugh A. Meagher and George A. McLean, Jr.
There being no further nominations, Messrs. Karnes,
Meagher and McLean were reelected as members of the Fair
Housing Board, for terms ending March 31, 1995, by the
following vote:
ACTION:
FOR MESSRS. KARNES, MEAGHER AND MCLEAN: Council Members
Harvey, Musser, White, Bowles, Fitzpatrick and Mayor
Taylor ............. 6.
(Council Member Bowers was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: The
Mayor advised that there is a vacancy on the Roanoke
Neighborhood Partnership Steering Committee, and called for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of
Steven D. Goodwin.
There being no further nominations, Mr. Go0dwin was
elected as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term ending November 11, 1992, by the
following vote:
ACTION:
FOR MR. GOODWIN: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ........................ 6.
(Council Member Bowers was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 9:40 p.m.
APROV E D
City Clerk
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
March 16, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in the
City Council Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, on Monday, March 16, 1992, at 2:00 p.m.,
the regular meeting hour, with Mayor Noel C. Taylor presiding, pursuant
to Rule 1, Regular Meetinqs, of Section 2-15, Rules of Procedure, Code
of the City of Roanoke (1979), as amended.
PRESENT: Council Members Howard E. Musser, William White, Sr.,
David A. Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr.,
James G. Harvey, II, and Mayor Noel C. Taylor ...... 7.
ABSENT: None ....
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Walter L.
Wood, Jr., Pastor, New Life Temple Pentecostal Holiness Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the Members of
Council and would be enacted by one motion in the form, or
forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda
and considered separately. He called specific attention to
two requests for Executive Sessions to discuss a matter with
regard to acquisition and disposition of real property for
public purposes; and a matter of actual litigation which is
pending in the Circuit Court for the City of Roanoke.
ROANOKE ARTS COMMISSION: A report of qualification of
Ms. E. Antoinette Hale as a member of the Roanoke Arts
Commission for a term ending June 30, 1993, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's
Office.)
ACTION:
ACTION:
Mr. Fitzpatrick moved that the report of qualification be
received and filed. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor ............. 7.
NAYS: None 0.
COUNCIL: A report of the City Manager requesting that
Council meet in Executive Session to discuss a matter with
regard to acquisition and disposition of real property for
public purposes, pursuant to Section 2.1-344 (A)(3), Code of
Virginia (1950), as amended; and specific legal matters
requiring the provision of legal advice by counsel,
specifically being the terms and conditions of various
agreements and related legal documents, all in connection with
the Hotel Roanoke Project, pursuant to Section 2.1-344 (A)(7),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the request
of the City Manager to convene in Executive Session to discuss
a matter with regard to acquisition and disposition of real
property for public purposes, pursuant to Section 2.1-344
(A)(3), Code of Virginia, (1950), as amended; and specific
legal matters requiring the provision of legal advice by
counsel, specifically being the terms and conditions of
various agreements and related legal documents all in
connection with the Hotel Roanoke Project, pursuant to Section
2.1-344(A) (7), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor ........... 7.
NAYS: None 0.
COUNCIL: A report of the City Attorney requesting that
Council meet in Executive Session to discuss a matter of
actual litigation, being a matter pending in the Circuit Court
for the City of Roanoke, pursuant to Section 2.1-344 (A)(?),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
ACTION:
ACTION:
Mr. Fitzpatrick moved that Council concur in the request~*
of the City Attorney to convene in Executive Session to
discuss a matter of actual litigation, being a matter pending
in the Circuit Court for the City of Roanoke, pursuant to
Section 2.1-344 (A)(7), Code of Virginia, (1950), as amended.
The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor ...................... 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TAXES: Mr. Ted H. Key, Executive Director, and Mr.
Charles Overstreet, Assistant Secretary/Treasurer, Williamson
Road Area Business Association, Inc., appeared before Council
and requested authorization to establish a Wllliamson Road
Area Service District for the purpose of providing to the
Williamson Road area "additional or more complete services of
government that are desired in the City as a whole", to
encompass the area beginning at the intersection of Orange
Avenue and Willlamson Road to the Roanoke City limits on
Malvern Road, N. W. It was explained that an additional tax
of .1 per cent, or $.10 per $100.00 of assessed value over and
above the current rate of $1.25 per $100.00 is proposed on all
taxable real property within the boundaries of the newly
created service district, and that the Williamson Road Area
Business Association be designated as agent to receive funds
and carry out certain functions, subject to an approved work
plan.
(See documentation on file in the City Clerk's Office)
Mrs. Bowles moved that Council authorize a public hearing
to be held on Monday, April 13, 1992, at 7:30 p. m., or as
soon thereafter as the matter may be heard, at which time
Council will receive public comments as well as specific
information to be presented by the Williamson Road Area
Business Association. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
ClTY MANAGER:
27
BRIEFINGS:
BONDS-CAPITAL IMPROVEMENTS PROGRAM-BUILDINGS-SCHOOLS-
SEWERS AND STORM DRAINS-BRIDGES-STREETS AND ALLEYS-SIDEWALK
CURB AND GUTTER: Mr. William F. Clark, Director of Public
Works, presented a briefing report of the City Manager with
regard to the $15.25 million dollar General Obligation Bond
Issue, advising that the following projects were funded
through the General Obligation Bond Issue approved by voter
referendum in 1990:
Buildinqs
Jefferson High
School Renovation
3,500,000.00
Public Schools
Replacement of Heating
Systems
Removal of Asbestos
Secondary School
Modernization
Storm Drains
Peters Creek Flood
Reduction
Downtown Luck
Avenue Improvements
Statesman Industrial Park
430,000.00
3,300,000.00
270,000.00
4,000,000.00
860,000.00
2,740,000.00
ACTION:
Streets~ Bridges & Sidewalks
VDOT Highway Projects -
City/State
150,000.00
Total General Obligations
Bond Issue
$15,250,000.00
(For full text, see report on file in the City Clerk's Office)
Mr. Harvey moved that the report be received and filed.
The motion was seconded by Mr. Musser and unanimously adopted.
28
ITEMS RECO~4ENDED FOR ACTION:
HOUSING-GRANTS: The City Manager submitted a written
report advising that $220,000.00 from the Virginia Department
of Housing and Community Development Single Family
Rehabilitation and Energy Conservation Loan Program and
$240,000.00 in Community Development Block Grant funds were
allocated to the Home Purchase Assistance Program by Council
on June 26, 1989, timely allowing the City to provide loans to
low-moderate income households agreeing to buy and repair
approximately 18-20 identified substandard houses; that the
Program is administered jointly by the City and the Roanoke
Redevelopment and Housing Authority; that real estate options
were selected as the best way to allow the City to implement
the Home Purchase Assistance Program; that said options define
the property owner's and the City's responsibilities under the
Program, establish a purchase price for the property, allow
the City to access the property and market the property for
sale to qualifying low and moderate income purchasers in the
Program through assignment of the Real Estate Option; and
Council previously authorized the City Manager to execute
Options with individual property owners of several properties
to be included in the Home Purchase Assistance Program.
It was further advised that a real estate option has been .
executed by the owner of a vacant single-family home located"~
at 1819 Melrose Avenue, N. W., at $20,000.00; that Housing ~
Development staff has determined that the offered price is'
reasonable to allow the home to be included in the Program;
and Council's authorization for the City Manager to execute
the real estate option with the owners of the property is
necessary to allow the property to be marketed through the
Home Purchase Assistance Program.
The City Manager recommended that he be authorized to
execute a real estate option for property located at 1819
Melrose Avenue, N. W., to be approved as to form by the City
Attorney, with Ray R. Polland, Jr., under the Home Purchase
Assistance Program.
(For full text, see report on file in the City Clerk's
Office.)
ACTION:
Mrs. Bowles offered the following emergency Ordinance:
(#30907-031692) AN ORDINANCE authorizing a certain real
estate option to be entered into in connection with the Home
Purchase Assistance Program; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
395.)
Mrs. Bowles moved the adoption of Ordinance No. 30907-
031692. The motion was seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor- 7.
NAYS: None
BUDGET-CHESAPEAKE & POTOMAC TELEPHONE COMPANY-EMERGENCY
SERVICES: The City Manager submitted a written report
advising that the Enhanced 9-1-1 emergency telephone system
was activated by the City on October 5, 1987; that the City
contracts with Chesapeake and Potomac Telephone Company of
Virginia to provide equipment necessary for selective routing
of emergency 9-1-1 calls to the appropriate Valley Emergency
Communications Center and the display of citizen address
information; and public acceptance has been demonstrated by
high usage of the system, with a total of 139,197 calls having
been processed during fiscal year 1990-91.
It was further advised that the City has been notified by
C & P Telephone Company that past bills were underestimated;
that under the State Corporation Commission Tariff, equipment
charges are based on the total number of telephone subscriber
lines located in the City; that initial billing reflected the
City as having 43,000 subscriber lines, whereas, in actuality,
there were 52,000 individual telephone lines when the system
was turned on, which has resulted in an underbilling for
services the City has received; that documentation of company
policy on file with the State Corporation Commission restricts
retroactively billing for undercharges to three years prior to
discovery of an error; and current number of subscriber
telephone lines is 56,000 for which the City is required to
pay the fee for services.
The City Manager pointed out that conformance to the
State Corporation Commission Tariff has been reviewed by
representatives of the Communications Department and by the
City Attorney's Office; that the request for payment by C & P
Telephone Company of underbilling for the last three years, in
30
ACTION
the amount of $48,456.00, has been legitimately submitted;
that funding is not available in the Communications budget for'-
fiscal year 1991-92 to pay for past bills that where
underestimated; that Emergency 9-1-1 ongoing system line costs
will increase approximately $1,500.00 per month, or $18,000.00
per year; that total additional cost will be reflected in the
fiscal year 1992-93 budget; and additional monthly costs for
the remainder of fiscal year 1991-92 will be paid from the
Communications budget.
The City Manager recommended that Council authorize the
transfer of $48,456.00 from Contingency Reserve, Account No.
001-002-9410-2199, to Communications-Telephone, Account No.
001-052-4130-2020.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency budget
ordinance:
(#30908-031692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
396.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30908-031692. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor ...................... 7.
NAYS: None 0.
STREETS AND ALLEYS: The City Manager submitted a written
report advising that the Code of Virginia establishes the
eligibility criteria of localities for receiving funds from
the Virginia Department of Transportation for street
maintenance; that State Code specifies two functional
classifications of highways and establishes a base payment
rate per lane mile for each classification of roadway; that
rates are adjusted annually by the Virginia Department of
Transportation based upon a statewide maintenance index of
unit costs for labor, equipment and materials used by the
Virginia Department of Transportation on roads and bridges;
that City eligibility for fiscal year 1991-92 is approximately
31
ACTION:
$6,065,561.00 in street maintenance payments; and the funds
are used for many maintenance expenditures incurred by the
City for streets, sidewalks, curb and gutter, traffic signals,
bridges, signs and pavement markings.
It was further advised that inventory additions need to
be submitted to the Virginia Department of Transportation
prior to April 1, 1992, in order to be eligible for payment
for the next fiscal year; that additions must be submitted on
Virginia Department of Transportation forms with an
accompanying measure adopted by Council; that streets listed
on Virginia Department of Taxation Form U-1 should be
submitted prior to April 1, 1992, to enable their eligibility
for payment in the next fiscal year; and approval of an
addition to the street inventory could add $69,747.00 at
current year payment rates which include new streets,
corrections to the Virginia Department of Transportation
current inventory, and streets omitted from the inwentory.
The City Manager recommended that he be authorized to
submit a list of streets to the Virginia Department of
Transportation for approval by the Commonwealth Transportation
Board to enable State Maintenance payment eligibility.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30909-031692) A RESOLUTION authorizing the City
Manager to submit a street inventory for State maintenance
payment eligibility to the Virginia Department of
Transportation (VDOT) upon form prescribed by VDOT for
approval by the Commonwealth Transportation Board in order to
ensure the City's eligibility for an increase in State
maintenance funds.
(For full text of Resolution, see Resolution Book No. 53, page
397. )
Mr. White moved the adoption of Resolution No. 30909-
031692. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor .............. 7.
NAYS: None' 0.
ACTION:
BUDGET-EQUIPMENT-HUMAN RESOURCES-POLICE DEPARTMENT-
RECREATION DEPARTMENT: The City Manager submitted a written
report concurring in a report of a bid committee with regard
to purchase of 14 new police patrol cars and ten intermediate
size sedan automobiles for use by the Police Department,
Social Services Department and Recreation Department.
The bid committee recommended that Council accept the
bids of Berglund Chevrolet, Inc., for 14 new police patrol
cars, in the amount of $181,736.52, and Dominion Car Company
for teN intermediate size sedan automobiles, in the amount of
$107,047.40; that all other bids received by the City be
rejected; and that $288,783.92 be appropriated from the
Capital Maintenance and Equipment Replacement Program, as
follows:
$ 245,964.96 to Police Department, Account No.
001-050-3113-9010
$ 32,114.22 to Social Services, Account No.
001-054-5314-9010
$ 10,704.74 to Parks/Recreation, Account No.
001-050-7110-9010.
It was further recommended that all other bids received
by the City be rejected.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following
ordinance:
emergency budget
(%30910-031692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
398. )
Mr. White moved the adoption of Ordinance No. 30910-
031692. The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey and Mayor Taylor ............... 6.
NAYS: None 0.
(Council Member Bowers abstained from voting.)
ACTION:
Mr. White offered the following Resolution:
(#30911-031692) A RESOLUTION accepting bids for certain
vehicular equipment and rejecting certain other bids for such
equipment.
(For full text of Resolution, see Resolution Book No. 53, page
399. )
Mr. White moved the adoption of Resolution No. 30911-
031692. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Musser,
Fitzpatrick, Harvey and Mayor Taylor ....
White, Bo%;les,
6.
NAYS: None---
(Council Member Bowers abstained from voting.)
REPORTS OF COMMITTEES:
BUDGET-BONDS-SIDEWALK, CURB AND GUTTER: Council Member
William White, Sr., Chairperson of a committee appointed by
the Mayor to tabulate bids received for construction of new
concrete sidewalks, entrances, curb and gutter, Bond Issue -
Phase VI, presented a written report on behalf of the
committee, recommending that Council accept the bid of S. R.
Draper Paving Company in the amount of $233,622.00, including
Alternate No. 1, and establish a contingency in the amount of
$13,567.00, for a total contract amount of $247,189.00; that
Council approve the transfer of $247,189.00 from 1988 Series
of Public Improvement Bonds - Streets and Bridges category,
Account No. 008-052-9603-9181, to a account to be established
by the Director of Finance entitled Curb, Gutter and Sidewalk
- Phase VI, which will complete the expenditure of $1 million
from the 1988 Series of Public Improvement Bonds intended for
sidewalks and curbs; and reject all other bids received by the
City·
The City Manager submitted a written report concurring in
the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
ACTION:
ACTION:
Mr. White offered the following emergency budget
ordinance:
(#30912-031692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
4OO.)
Mr. White moved the adoption of Ordinance No. 30912-
031692. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor ............ 7.
NAYS: None 0.
Mr. White offered the following emergency Ordinance:
(#30913-031692) AN ORDINANCE accepting the bld of S. R.
Draper Paving Company for construction of downtown concrete
sidewalks, entrances, curb and gutter improvements at various
locations in the City, and awarding a unit price contract
therefore; authorizing the proper City officials to execute
the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
401.)
Mr. White moved the adoption of Ordinance No. 30913-
031692. The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor .......... 7.
NAYS: None
REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY:
Mr. Kit B. Kiser, Member Roanoke Valley Resource Authority,
presented a artist's rendering of the solid waste transfer
station. He advised that the rendering will indicate the
intent of the Roanoke Valley Resource Authority to address the
design criteria established by Council, as well as
representing an asset to the area.
ACTION:
ACTION~
Mr. Musser moved that the oral briefing be received and
filed. The motion was seconded by Mr. Harvey and unanimously
adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND
RESOLUTIONS:
CONSIDERATION
OF ORDINANCES AND
CITY PROPERTY-COMMONWEALTH OF VIRGINIA BUILDING:
Ordinance No. 30903-031692 providing for the relinquishment by
the Commonwealth of Virginia of all its currently leased space
on the second floor of the Commonwealth Building, as more
particularly set forth in a report of the City Manager under
date of March 9, 1992, Commonwealth Building leased from the
City, having previously been before the Council for its first
reading on Monday, March 2, 1992, read and adopted on its
first reading and laid over, was again before the body, Mrs.
Bowles offering the following for its second reading and final
adoption:
(#30903-031692) AN ORDINANCE providing for the
relinquishment by the Commonwealth of Virginia of certain
premises in the Commonwealth Building leased from the City and
authorizing the lease of such premises to the United States of
American, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53, page
395.)
Mrs. Bowles moved the adoption of Ordinance No. 30903-
031692. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor ...................... 7.
NAYS: None---
®
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL: None.
OTHER HEARINGS OF CITIZENS:
CLAIMS-WATER DEPARTMENT: Mr. Musser offered the
following resolution authorizing appropriate City officials to
pursue a claim against the County of Roanoke for delinquent
charges for surplus bulk water purchased by the County,
pursuant to the 1979 water contract:
ACTION:
ACTION:
ACTION:
(#30914-031692) A RESOLUTION authorizing the appropriate
City officials to pursue a claim against the County of Roanoke
for delinquent charges for surplus bulk water purchased by the
County pursuant to the 1979 water contract.
(For full text of Resolution, see Resolution Book 53, page
402.)
Mr. Musser moved the adoption of Resolution No. 30914-
031692. The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor- -7.
NAYS: None 0.
CAPITAL IMPROVEMENTS PROGRAM-COMPLAINTS-SCHOOLS: Mr.
Ray W. Barbour, 686 Montrose Avenue, S. E., appeared before
Council and advised that the 1988-92 Capital Improvements
Program, page 84, allocates $1 million for modernization and
renovations to Morningside Elementary School, and inquired as
to the projected date for the proposed improvements.
The Mayor requested that the matter be referred to the
Roanoke City School Administration for appropriate response.
Mr. Barbour also expressed concern that the Police
Department has forced certain criminal elements (prostitutes
and homosexuals) from the downtown area of the City to the
Tazewell Avenue, S. E. area which is a residential
neighborhood, and suggested that such activities be moved to
an industrial district, such as Norfolk Avenue, S. W., between
12th Street and the railroad crossing leading to the former
American Bridge Company property.
COMPLAINTS-TRAFFIC-POLICE DEPARTMENT: Mr. William
W. Jones, 2904 Bradley Street, N. E., appeared before Council
and complained about noise and illegal parking activities in
connection with a race car owned by an individual residing in
a house next door to his residence.
The Mayor suggested that the matter be referred to the
City Manager for investigation and report to Council.
At 3:00 p.m., the Mayor declared the meeting in recess.
At 4:45 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of the
Council in attendance.
ACTION:
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City Council
certify to the best of his or her knowledge that: (1) only
public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act;
and (2) only such public business matters as were identified
in any motion by which any Executive Session was convened were
heard, discussed or considered by City Council. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor ......... 7.
NAYS: None - 0.
There being no further business, the Mayor declared the meeting
adjourned at 4:47 p.m.
ATTEST:
City Clerk
APPROVED
38
REGULAR WEEKLY SESSION 'ROANOKE CITY COUNCIL
March 23, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in the
City Council Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, on Monday, March 23, 1992, at 2:00 p.m.,
the regular meeting hour, with Mayor Noel C. Taylor presiding, pursuant
to Rule 1, Regular Meetings~ of Section 2-15, Rules of Procedure, Code
of the City of Roanoke (1979), as amended.
PRESENT: Council Members William White, Sr., David A. Bowers,
Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., Howard E. Musser and
Mayor Noel C. Taylor ................ 6.
ABSENT: Council Member James G. Harvey, II
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wtlburn C.
Dlbling, Jr., City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The Mayor advised that
on Saturday, March 21, 1992, the Patrick Henry High School
Basketball Team won the Group AAA Boys State Basketball
Championship Title, and spoke in support of Council giving
appropriate recognition to the coaches and players.
It was the consensus of Council that the matter would be
referred to the City Attorney for preparation of the proper
measure and that the Superintendent of Schools, principal,
coaches and players be invited to attend the regular meeting
of Council on Monday, April 6, 1992, in order that they may be
recognized with appropriate presentations.
(Inasmuch as the Principal of Patrick Henry High School was
out of the country on April 6, presentations were made at the
April 13, 1992 meeting of Council.)
SCHOOLS: The Mayor advised that on July 1, 1992, there
will be two vacancies on the Roanoke City School Board, said
vacancies being for terms of three years each, endin~ June 30,
1995. He stated that pursuant to Chapter 9, Education,
Article II, Procedure for Election of School Trustees, Section
9-19, Preliminary Screening of Candidates, on or before
ACTION:
March 31, Council, as a Committee of the Whole, shall at a
regular or special meeting, review and consider all candidates
for the position of school trustee, the matter was before the
body.
The Mayor further advised that as of March 10, 1992, at
5:00 p.m., which was the deadline for receipt of applications,
the following persons had applied for the two upcoming
vacancies on the School Board:
The Reverend C. Nelson Harris
A. Dale Hendrick
H. Joel Kelly
John R. Light
Larry L. Lllley, III
Edward J. Lyons
Thomas L. Orr
Melinda J. Payne
Clubert "Don" G. Poff
Norma R. Smith
James W. Stephens
Ruth C. Willson
Mr. Musser moved that Council vote in open session, as
opposed to Executive Session, on those persons to receive the
formal interview for the two upcoming vacancies.
There being no second, the Mayor declared the motion
lost.
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 meetings of Council held
on Monday, January 6, 1992, Monday, January 13, 1992, Tuesday,
January 21, 1992, and Monday, January 27, 1992, were before
the body.
(For full text, see minutes on file in the City Clerk's
Office.)
40
ACTION:
ACTION=
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that the minutes be approved as recorded.~%
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members White,
Fitzpatrick, Musser and Mayor Taylor .....
Bowers, Bowles,
6.
NAYS: None- 0.
(Council Member Harvey was absent.)
ACTS OF ACKNOWLEDGEMENT-ROANOKE MEMORIAL HOSPITALS= A
communication from Council Member William White, Sr.,
addressed to Mr. Thomas L. Robertson, President, Carilion
Health Care, Inc., commending Carilion Health Care on its use
of local contractors which has set a standard for other
contractors to aspire, was before Council.
(For full text, see communication on file in the City Clerk's
Office.)
Mrs. Bowles moved that the communication be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted
by the following vote:
AYES: Council Members White, Bowers,
Fitzpatrick, Musser ard Mayor Taylor ...........
NAYS: None
Bowles,~1
(Council Member Harvey was absent.)
YOUTH (YOUTH SERVICES CITIZEN BOARD): A communication
from Mr. Timothy M. Lewis tendering his resignation as a
member of the Youth Services Citizen Board, inasmuch as he
will no longer be a resident of the City of Roanoke, was
before Council.
(For full text, see communication on file in the City Clerk's
Office.)
41
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the communication be received and
filed and that the resignation be accepted with regret. The
motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Musser and Mayor Taylor .............. 6.
NAYS: None 0.
(Council Member Harvey was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of
qualification of Steven D. Goodwin as a member of the Roanoke
Neighborhood Partnership Steering Committee, for a term ending
November 11, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Musser and Mayor Taylor ....................... 6.
NAYS: None- 0.
(Council Member Harvey was absent.)
HOUSING (FAIR HOUSING BOARD): A report of qualification
of Daniel E. Karnes as a member of the Fair Housing Board, for
a term ending March 31, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Musser and Mayor Taylor ....................... 6.
NAYS: None 0.
(Council Member Harvey was absent.)
ACTION:
REAL ESTATE VALUATION: A report of qualification of
Willard N. Claytor as Director of Real Estate Valuation for---
the City of Roanoke, effective March 23, 1992, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members White,
Fitzpatrick, Musser and Mayor Taylor ......
Bowers, Bowles,
6.
NAYS: None --- 0.
(Council Member Harvey was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PLANNING: Mr. Charles A. Price, Chairman, City Planning
Commission, presented the 1991 Annual Report of the Planning
Commission, transmitting the following recommendations: ,..
The Planning Commission should continue to serve as
a sounding board for City Council on both short-
term and long-range development issues.
The role of the Planning Commission in the City's
planning process should be to coordinate the City's
ongoing comprehensive planning efforts. The
Planning Commission, through its subcommittee
structure, should be involved in the City-sponsored
planning efforts as early in the process as
feasible.
The Planning Commission should serve as a catalyst
for City Council and the City administration by
calling attention to community development issues
or areas where policy direction is needed.
The Planning Commission should continue to assume
primary responsibility for developing the plans and
ordinances necessary to guide future growth.
Communication between the Planning Commission and
City Council and the City administration would be
enhanced by: (1) the appointment of a Council
member to serve as the Commission's liaison; (2)
the scheduling of regular meetings between the
Chairman of the Commission and the City Manager;
and (3) participation by representatives of the
City Council at the Commission's annual retreat."
(For full text, see Annual Report on file in the City Clerk's
Office.)
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the
following school accounts, was before Council.
Grant No. 6134 -
$45,000.00 for the Chapter I Pre-K
Expansion Program to provide for the
expansion of the program for at risk
four year olds from part day to full
day operation at the Chapter I
schools. The program will be 100
per cent reimbursed by federal
funds.
Grant No. 6500 -
$2,395.00 for the Special Education
Interpreter Training Program to
provide funds for the development of
training curriculum for the hearing
impaired program. The program will
be 100 per cent reimbursed by
federal funds.
Grant No. 6599 -
$4,901.00 for the Preschool
Incentive Program to provide
orientation and evaluation for
handicapped students who will be
entering the public school system
for the first time during the fall.
The program will be 100 per cent
reimbursed by federal funds.
Grant No. 6747 -
$2,380.00 for the Adult Basic
Education Program to provide funds
for the education of adults who have
not completed high school. The
funds have been made available to
Roanoke City from federal funds.
ACTION:
Grant No. 6989 -
$750.00 for the Environmental
Education Grant to utilize a'--
donation from Sam's Wholesale Club
for recycling projects at several
elementary schools.
A report of the Director of Finance recommending that
Council concur in the request of the School Board, was also
before the body.
(For full text, see communication and report on file in the
City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#30915-032392) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
403.)
Mr. White moved the adoption of Ordinance No. 30915-
032392. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White, Bowers,
Fitzpatrick, Musser and Mayor Taylor .......
Bowles,
6.
NAYS: None 0.
(Council Member Harvey was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-SCHOOLS-EQUIPMENT-PARKSANDPLAYGROUNDS:.The City
Manager submitted a written report advising that the South
Roanoke Neighborhood Plan recognized the importance of
enhancing the existing recreation facilities inasmuch as they
are limited in this area; that the Crystal Spring play area
utilizes school space for neighborhood as well as school
recreational facilities; that the 1988 Park Improvement Bond
Issue includes $10,000.00 to provide and install play
equipment at Crystal Spring Elementary School; and the General
45
ACTION:
Services Department is in the process of receiving bids to
accomplish the work and a purchase order will be issued to the
lowest responsible bidder in accordance with the City's
Procurement Code.
The City Manager recommended appropriation of $10,000.00
to an account to be established by the Director of Finance for
Crystal Spring Elementary School Play Equipment; and that the
Director of Finance be authorized to transfer $10,000.00 from
Park Improvement Bonds 1988, Account No. 008-052-9603-9108, to
a new capital account entitled Crystal Spring Elementary
School Play Equipment.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency budget
ordinance:
(#30916-032392) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
404.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30916-032392. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White,
Fitzpatrick, Musser and Mayor Taylor ......
Bowers, Bowles,
6.
NAYS: None -- 0.
(Council Member Harvey was absent.)
GRANTS-HOUSING: The City Manager submitted a written
report advising that the HOME Investment Partnership Program
was created by the National Affordable Housing Act of 1990 and
funded through the U. S. Department of Housing and Urban
Development; that HOME is intended to be a "housing block
grant" program spec~fically designed for housing affordable to
low and moderate income households; and the City's entitlement
is $756,000.00 for £ederal fiscal year 1992 as determined by
formula similar to the Community Development Block Grant
formula.
It was further advised that the deadline for submitting
the HOME Program Description to HUD is March 30, 1992, which
program description must generally describe what programs and
46
ACTION:
activities the City intends to undertake with HOME funds, but
does not have to describe specific projects, procedures and--
recipients; and the HOME Program description is designed to
support rehabilitation of owner-occupied buildings, assistance
to first-time homebuyers, improvement of rental properties
including the concentrated Neighborhood Stabilization and
Enhancement Program area (Hurt Park and Mountain View
neighborhoods), and new construction by designated community
housing development organizations.
The City Manager recommended that he be authorized to
submit the Program Description to the Department of Housing
and Urban Development in order to apply for the City's
allocation of $756,000.00 of HOME funds.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that Council concur in the
recommendation of the City Manager. The motion was seconded
by Mr. Fitzpatrick and adopted.
BUDGET-DRUGS-GRANTS: The City Manager submitted a
written report advising that Council authorized funding for
Drug and Alcohol Abuse Council programs as a part of the 1990-
91 Community Development Block Grant and the 1991-92 Community.
Development Block Grant application, pursuant to Resolution
No. 30508-51391, adopted on Monday, May 13, 1991; that the
City has received United States Department'of Housing and~
Urban Development approval of the Community Development Block
Grant application by letter dated June 19, 1991; that
applications were invited from individuals or organizations to
assure that all interested parties had an opportunity to
submit proposals for consulting services to the Roanoke Drug
and Alcohol Abuse Council; and after careful review and
consideration, the interview committee recommended that the
City contract with Roanoke Valley Trouble Center, Inc., for an
initial six-month period to provide coordination and technical
assistance to the Drug and Alcohol Abuse Council.
It was further advised that on September 9, 1991, Council
authorized execution of a six-month sub-grantee agreement with
the Roanoke Valley Trouble Center, Inc., to provide consulting
services to the Roanoke Drug and Alcohol Abuse Council; that
TRUST has provided support and technical assistance to the
Roanoke Drug and Alcohol Abuse Council in a timely and
appropriate manner according to the terms of the sub-grantee
agreement for six months; that the contract ended on March 10,
ACTION=
1992, according to terms of the sub-grantee agreement; and the
sub-grantee contract needs to be extended through June 30,
1992, with an option to continue for an additional 12 months,
upon mutual agreement of both parties.
The City Manager recommended that he be authorized to
execute a sub-grantee agreement witl% Roanoke Valley Trouble
Center, Inc., to continue consulting services to the Roanoke
Drug and Alcohol Abuse Council; and transfer $8,000.00 from
Temporary Employee Wages, Account No. 035-090-9039-1004, to
Fees for Professional Services, Account No. 035-090-9039-2010.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#30917-032392) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
405.)
Mrs. Bowles moved the adoption of Ordinance No. 30917-
032392. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Musser and Mayor Taylor ............... 6.
NAYS: None, 0.
(Council Member Harvey was absent.)
Mr. Fitzpatrick offered the following Resolution:
(#30918-032392) A RESOLUTION authorizing the City
Manager to enter into a contract with the Roanoke Valley
Trouble Center, Inc. (TRUST) to continue its provision of
coordination and technical assistance to the Roanoke Drug and
Alcohol Abuse Council, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53, page
406.)
48
ACTION:
Mr. Fitzpatrick moved the adoptio~ of Resolution No.
30918-032392. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowers,
Fitzpatrick, Musser and Mayor Taylor .........
Bowles,
6.
NAYS: None 0.
(Council Member Harvey was absent.)
PARKS AND PLAYGROUNDS-RECREATION DEPARTMENT: The City
Manager submitted a written report advising that the
Commonwealth Games of Virginia, operated by Virginia Amateur
Sports, have taken place in the Roanoke Valley and surrounding
areas in 1990 and 1991; and economic benefit of the Games on
the Roanoke Valley has been realized in the form of lodging,
meals, transportation and other purchases, estimated at $4.5
million.
It was further advised that the Commonwealth Games of
Virginia will, for the third time, be hosted in the Roanoke
Valley June 25 - June 28, 1992; that athletic events will be
held in all four Roanoke Valley Jurisdictions, as well as in
other more distant locations; that 5,000 - 6,000 participants
and their families are anticipated to visit Roanoke and the
surrounding area during this time; that host communities for
the Commonwealth Games in 1993 and beyond are yet to be
established; and it is highly desirable to local Jurisdictions
that the Commonwealth Games continue to be held in the Roanoke
Valley.
The City Manager recommended that Council adopt a measure
encouraging Roanoke's state legislators to recognize that the
Commonwealth Games of Virginia is an event which is essential
to the economic well-being of the citizens of Roanoke, and
requesting their commitment in keeping the Commonwealth Games
based in the Roanoke Valley; and authorize the Mayor, on
behalf of the City, to execute the appropriate document with
other Roanoke Valley Jurisdictions indicating support for the
Commonwealth Games to remain in the Roanoke Valley.
(For full text, see report on file in the City Clerk's
Office.)
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#30919-032392) A RESOLUTION encouraging the continuance
of the Commonwealth Games of Virginia in the Roanoke Valley.
(For full text of Resolution, see Resolution Book No. 53, page
407.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30919-032392. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White,
Fitzpatrick, Musser and Mayor Taylor ......
Bowers, Bowles,
6.
NAYS: None -0.
(Council Member Harvey was absent.)
BUDGET-FIRE DEPARTMENT-CITY ENGINEER-TRAFFIC: The City
Manager submitted a written report advising that bids for
underground traffic signal and fire alarm work at various
locations were received on March 6, 1992; that the low bid, in
the amount of $65,310.00, was submitted by Contracting
Enterprises, Inc.; that the City's practice has been to enter
into contract for underground work associated with installing
and rebuilding traffic signals; that the purpose of
advertising for bids was to develop unit prices for certain
work incorporated in traffic signal and fire alarm work for
repairing, rebuilding or providing for additional
installations; and approval of contract a will allow work to
be accomplished at various locations throughout the time
period without having to receive bids for each location.
It was further advised that the contract will establish
unit prices and a maximum total to be spent; that estimated
quantities are for known work at several locations, viz:
Melrose Avenue and Salem Turnpike, N. W.; Riverland Road and
Ninth Street, S. E.; Orange Avenue and Plantation Road/Hollins
Road, N. E.; and several intersections require minor work,
such as repair or installation of vehicle detector loops.
The City Manager recommended that Council award a
contract to Contracting Enterprises, Inc., in the amount of
$65,310.00, with all work and payment to be by purchase order
issued for each project location; that Council authorize
transfer of funds from the following accounts to a new account
entitled, Traffic Signals - Underground; and reject all other
bids received by the City.
50
ACTION=
Traffic Signals General Account, Account No. 008-
052-9560-9065, in the amount of $42,708.00.
School Speed Limit Flashers Account, Account No.
008-052-9668-9065, in the amount of $1,182.00.
Street Paving Account, Account No. 001-052-4120-
2010, in the amount of $21,420.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following
ordinance:
emergency budget
(#30920-032392) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital and General Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
408.)
Mr. White moved the adoption of Ordinance No. 30920-
032392. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White,
Fitzpatrick, Musser and Mayor Taylor .....
Bowers, Bowles,
6.
NAYS: None 0.
(Council Member Harvey was absent.)
Mr. Fitzpatrick offered the following
ordinance:
emergency
(#30921-032392) AN ORDINANCE accepting the bid of
Contracting Enterprises, Incorporated, for certain traffic
signal and fire alarm work, upon certain terms and conditions,
and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and
providing for an emergency.
(For ~ull text of Ordinance, see Ordinance Book No. 53, page
409.)
51
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
30921-032392. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowers,
Fitzpatrick, Musser and Mayor Taylor ........
Bowles,
NAYS: None 0.
(Council Member Harvey was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the
financial report for the City of Roanoke for the month of
February, 1992.
(For full text, see financial report on file in the City
Clerk's Office.)
Mrs. Bowles moved that the financial report be received
and filed. The motion was seconded by Mr. Fitzpatrick and
adopted.
PURCHASE/SALE OF PROPERTY-HEALTH DEPARTMENT: The
Director of Finance submitted a written report advising that
the City leased the premises at 712 Patterson Avenue, S. W.,
from Craig J. Putziger by lease agreement dated March 15,
1990; that said premises were, in turn, subleased to the
Virginia State Department of Health; and the City's lease was
terminated as of November, 1991, due to insufficient
allocation of funds.
Mr. Schlanger pointed out that it was his understanding
that a question had arisen with regard to whether the City
appropriated or allocated sufficient funds for continuation of
the lease beyond the termination date, noting that after
reviewing accounts and financial records of the City with
regard to the matte~, he has found no appropriation or
allocation of sufficient funds by the City for continuation of
the lease agreement beyond November 15, 1991.
The Director of Finance transmitted a resolution formally
confirming that there has been no such allocation or
appropriation.
(For full text, see report on file in the City Clerk's
Office.)
ACTION:
Mr. Fitzpatrick offered the following resolution:
(#30922-032392) A RESOLUTION confirming no appropriation
or allocation by the City of sufficient funds for the
continuation of the former lease by the City of the premises
at 712 Patterson Avenue, S. W., from Craig J. Putztger.
(For full text of Resolution, see Resolution Book No. 53, page
410.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30922-032392. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick, Musser
and Mayor Taylor ...... --5.
NAYS: None 0.
(Council Member Harvey was absent and Council Member Bowers
abstained from voting.)
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council Member William
White, Sr., Chairperson of a committee appointed by the Mayor
to tabulate bids received for construction of the Luck Avenue
By-Pass Storm Drain Project, presented a written report on
behalf of the committee, recommending that Council take the
following actions:
Award a contract to Aaron J. Conner General
Contractor, Inc., in the amount of $1,108,998.60,
and establish a contingency, in the amount of
$56,000.00, for a total project amount of
$1,164,998.60.
Approve Change Order No. 1 to the engineering
contract with Lumsden Associates, P. C., in the
amount of $25,192.82.
Authorize the Director of Finance to transfer
$797,010.00 from Public Improvement Bonds - Series
1992-A, Account No. 008-052-9700-9176, and
$393,181.42 from Capital Improvement Reserve -
Storm Drain, Account No. 008-052-9575-9176, to Luck
Avenue Storm Drain, Account No. 008-052-9659-9001.
Reject all other bids received by the City.
53
ACTION:
ACTION:
The City Manager submitted a written report concurring in
the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#30923-032392) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
411.)
Mr. White moved the adoption of Ordinance No. 30923-
032392. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White,
Fitzpatrick, Musser and Mayor Taylor ....
Bowers, Bowles,
6.
NAYS: None 0.
(Council Member Harvey was absent.)
Mr. White offered the following emergency Ordinance:
(#30924-032392) AN ORDINANCE accepting the bid of
Aaron J. Conner General Contractor, Inc., for construction of
the LUck Avenue storm drain project, and awarding a contract
therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
412.)
Mr. White moved the adoption of Ordinance No. 30924-
032392. The motion was seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council Members White,
Fitzpatrick, Musser and Mayor Taylor---
Bowers, Bowles,
6.
NAYS: None 0.
(Council Member Harvey was absent.)
54
ACTION=
Mr. White offered the following resolution:
( #30925-032392 ) A RESOLUTION approving the City
Manager's issuance of Change Order No. I to the City's
contract with Lumsden Associates, P. C., for engineering
services in connection with the Luck Avenue Storm Drain
Project.
(For full text of Resolution, see Resolution Book No. 53, p~ge
25.)
Mr. White moved the adoption of Resolution No. 30925-
032392. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White, Bowers,
Fitzpatrick, Musser and Mayor Taylor .........
Bowles,
6.
NAYS: None---
®
(Council Member Harvey was absent.)
BUDGET-ARMORY/STADIUM: Council Member William White,
Sr., Chairperson of a committee appointed by the Mayor to
tabulate bids received for repairs and replacement of a
masonry wall at the south end of Victory Stadium, presented a
written report on behalf of the committee, recommending that
Council take the following actions:
Award a contract to Construction Services of
Roanoke, Inc., in the amount of $21,200.00, and 90
consecutive calendar days for completion of the
work.
Authorize the Director of Finance to transfer the
following funds from Maintenance of Fixed Assets,
Account No. 001-002-9410-2201, to Building
Maintenance Outside Contractors, Account No. 001-
052-4330-3056.
Contract Amount
Project Contingency
$21,200.00
...1~300.00
Total $22,500.00
Reject all other bids received by the City.
55
,!
ACTION:
ACTION=
The City Manager submitted a written report concurring in
the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following
ordinance:
emergency budget
(#30926-032392) AN ORDINANCE to amend and reordatn
certain sections of the 1991-92 General Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
414. )
Mr. White moved the adoption of Ordinance No. 30926-
032392. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White,
Fitzpatrick, Musser and Mayor Taylor ......
Bowers, Bowles,
6.
NAYS: None ....
(Council Member Harvey was absent.)
Mr. White offered the following emergency Ordinance:
(#30927-032392) AN ORDINANCE accepting the bid of
Construction Services of Roanoke, Incorporated, for any needed
repairs and replacement of one of the masonry walls of Victory
Stadium, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all
other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
415.)
Mr. White moved the adoption of Ordinance No. 30927-
032392. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White,
Fitzpatrick, Musser and Mayor Taylor---
Bowers, Bowles,
6.
NAYS: None --- 0.
(Council Member Harvey was absent.)
ACTION:
UNFINISHED BUSINESS: None.
INTRODUCTION AND
RESOLUTIONS: None.
CONSIDERATION
OF ORDINANCES ANE
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
BUDGET-INSURANCE: Mr. Musser offered the following
emergency budget ordinance:
(#30928-032392) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53, page
416.)
Mr. Musser moved the adoption of Ordinance No. 30928-
032392. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White,
Fitzpatrick, Musser and Mayor Taylor ......
Bowers, Bowles,
NAYS: None 0.
(Council Member Harvey was absent.)
OTHER HEARINGS OF CITIZENS:
AIRPORT-TAXES: Mr. Roy E. Spicer, Secretary, General
Aviation Association of Roanoke, inquired as to the status of
a matter with regard to the method of taxation of aircraft at
the Roanoke Regional Airport, which matter was before Council
at its regular meeting on Monday, March 9, 1992, and was
referred to the City Manager for report to Council on Monday,
March 23, 1992.
The City Manager orally advised that the Commissioner of
Revenue has reverted to the prior method of taxation and no
additional action by Council is necessary.
Mr. Spicer stated that such action by the Commissioner of
Revenue has created a positive step toward enhancing aviation
growth at the airport, and expressed appreciation for
Council's intervention. He reiterated concern on behalf of
the General Aviation Association that their views with regard
to the airport are not being heard, and Council should review
its appointment policy and consider appointing City
representatives to the Roanoke Regional Airport Commission who
reflect a true interest in aviation, as well as aviation
related activities.
DIRECTOR OF REAL ESTATE VALUATION: The Mayor recognized
Willard N. Claytor, Director of Real Estate Valuation, who
assumed his official duties on Monday, March 23, 1992.
There being no further business, the Mayor declared the meeting
adjourned at 3:15 p.m.
APPROVED
City Clerk Mayor
58
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
April 6, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, April 6,
1992, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members David A. Bowers, Beverly T.
Fitzpatrick, Jr., Howard E. Musser, William White, Sr., and Mayor
Noel C. Taylor ....... 5.
ABSENT: Council Members Elizabeth T. Bowles and James G.
Harvey, II ...... -2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend F. Daniel
Wright, Associate Pastor, Ghent Grace Brethren Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
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. Ne called
specific attention to three requests for Executive
Sessions to discuss vacancies on various authorities,
boards, commissions and committees appointed byCouncil;
legal matters requiring the provision of legal advice by
counsel, being the terms and conditions of various
agreements and related legal documents and personnel
matters relating to appointments to a commission
appointed by Council, both in connection with the Hotel
Roanoke Conference Center Commission; and certain legal
matters requiring the provision of legal advice by
Counsel, being the terms and conditions of an agreement
with a neighborhood.
59
ACTION:
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ........ 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
COUNCIL: A communication from Mayor Noel C. Taylor
requesting that Council meet in Executive Session to
discuss specific legal matters requiring the provision of
legal advice by counsel, pursuant to Section 2.1-344
(A)(7), Code of Virginia (1950), as amended, being the
terms and conditions of various agreements and related
legal documents, and to discuss personnel matters
relating to appointments to a commission appointed by
Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended, all in connection with the
Hotel Roanoke Conference Center Commission, was before
the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss specific legal matters requiring the provision of
legal advice by counsel, pursuant to Section 2.1-344
(A)(7), Code of Virginia (1950), as amended, being the
terms and conditions of various agreements and related
legal documents, and to discuss personnel matters
relating to appointments to a commission appointed by
Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended, all in connection with the
6O
ACTION:
ACTION:
Hotel Roanoke Conference Center Commission. The motion
was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ........ 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication
from Ms. Stephanie A. Cicero, Roanoke Neighborhood
Partnership Coordinator, advising of the resignation of
Dr. Gary Waldo as a member of the Roanoke Neighborhood
Partnership, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the communication be
received and filed and that the resignation be accepted
with regret. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor .... 5.
NAYS: None - --0.
(Council Members Bowles and Harvey were absent.)
ARCHITECTURAL REVIEW BOARD: A communication from
Mr. W. L. Whitwell, Chairperson, Architectural Review
Board, transmitting the Board's Annual Report for the
year 1991, was before the body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. Fitzpatrick moved that the Annual Report be
received and filed. The motion was seconded by Mr. White
and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ..........
NAYS: None -0.
(Council Members Bowles and Harvey were absent.)
ACTION:
ACTION:
PENDING LIST: A list of items pending from July 10,
1978, through March 23, 1992, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the pending list be
received and filed. The motion was seconded by Mr. White
and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ...... --5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the provision of legal
advice by counsel, being the terms and conditions of an
agreement with a neighborhood, pursuant to Section 2.1-
344 (A)(7), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss specific legal matters requiring the
provision of legal advice by counsel, being the terms and
conditions of an agreement with a neighborhood, pursuant
to Section 2.1-344 (A)(7), Code of Virginia, (1950), as
amended. The motion was seconded by Mr. White and adopted
by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ........... 5.
NAYS: None -0.
(Council Members Bowles and Harvey were absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
ACTION:
ZONING: A communication from Mr. Charles H.
Osterhoudt, Attorney, transmitting a petition signed by
approximately 172 persons petitioning Council to conduct,
or cause to be conducted, public hearings on the
continued inclusion of the H-2, Neighborhood Preservation
District, in the Roanoke City Zoning Ordinance and, if
such district is to be continued, how its application to
maintenance and repairs is to be restricted, was before
the body.
(For full text, see petition on file in the City Clerk's
Office.)
Mr. Osterhoudt appeared before Council and advised
that there were a number of citizens present who would
like to address the matter, and their views would be
somewhat different as to how the ordinance might be
applied in certain individual cases. He stated that he
had talked with the City Manager and members of the City
staff prior to commencement of the Council meeting and he
recognized that the Council meeting may not be the most
appropriate forum for the actual conduct of a public
hearing. He requested that Council permit those persons
who were in attendance out of their interest in the
matter to rise and be recognized inasmuch as numerous
persons were present and there was considerable interest
in the future of the H-2, Neighborhood Preservation
District, in.the City of Roanoke, and most particularly
as it applies to the old southwest section of the City.
He further requested that the matter be referred to the
City Manager in order that an appropriate forum may be
developed and decided upon by Council for a public
hearing process in order to consider the future of the
H-2, Neighborhood Preservation District.
Following discussion, Mr. Fitzpatrick moved that the
matter be referred to the City Manager and the City
Attorney for report to Council. The motion was seconded
by Mr. Bowers and adopted.
PARKING GARAGES-CITY PROPERTY-ECONOMIC DEVELOPMENT:
Council Member Howard E. Musser, Vice-Chairperson of the
Water Resources Committee, presented a written report on
behalf of the Committee with regard to extension of the
lease agreement between the City and Orris Roanoke, Inc.
A staff report advised that Orris Roanoke, Inc.,
currently leases approximately 3000 square feet of retail
space from the City of Roanoke in the Market Square
Parking Garage located at 19 Campbell Avenue; that terms
of the lease agreement call for the lease to expire on
ACTION:
September 1, 1992; that rent on the space has been
calculated using a base rent of $350.00 per month, plus
a percentage of retail sales; and rent collected for 1991
is, as follows:
12 months at $350.00 per month
Percentage of Sales
Total rent collected
$4,200.00
4~957.00
$9,157 . 00
It was further advised that Orris Roanoke, Inc.,
desires to renew the lease for a five year period to
insure the continuation of its retail store operation;
and terms of the lease, including the percentage of sales
to be paid to the City as rent, would remain the same
except for the following changes:
base monthly rent would increase from $350.00
per month to $700.00 per month in the first
year of lease renewal; and
annual CPI adjustment on the base monthly rent
would be made in years two through five of the
lease.
The Water Resources Committee recommended that
Council authorize extension of the lease agreement
between the City and Orvis Roanoke, Inc., located at
19 Campbell Avenue, S. W., for a period of five years
from September 1, 1992, to August 31, 1997, in a form to
be approved by the City Attorney.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Musser moved that the following Ordinance be
placed upon its first reading:
(#30929) AN ORDINANCE authorizing extension of the
lease agreement between the City and Orris Roanoke, Inc.,
for the premises located in the Market Square Parking
Garage building, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 440.)
The motion was seconded by Mr. Fitzpatrick.
Mr. John W. Moticha, Vice-President of Operations,
Orris Roanoke, Inc., advised that the Roanoke store is a
good volume store, and Orvis continues to bring other
items from its Vermont operation to the Roanoke store.
He stated that last year, the corporate Accounting
Department and the Computer Services Department were
relocated to Roanoke and Orvis ts currently in the
process of moving its hunting and fishing production
lines to the Roanoke store. He further stated that
currently Orvis Roanoke employs approximately 325 persons
which will increase to more than 500 in October. He
advised that the owners of Orris are pleased to have
moved their distribution center to Roanoke in 1987 and
they are equally pleased to be a part of the Roanoke
Valley.
Ordinance No. 30929, on its first reading, was
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor- --5.
NAYS: None -0.
(Council Members Bowles and Harvey were absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
INDUSTRIES: The City Manager presented a briefing
with regard to economic development, advising that the
economic stability of the City of Roanoke is tied
directly to the following mission statement of Council:
"Roanoke will be the most exceptional place to live and
work in the south." He further advised that Council's
policy statement is: "Roanoke shall create and maintain
a broad range of quality development and quality
employment opportunities to meet the needs of our diverse
population and to strengthen our tax base."
Mr. Herbert explained that since December 1983,
there has been a net gain of 761 businesses in the City
of Roanoke; that these new businesses, along with the
growth of existing businesses, have increased the number
of jobs in Roanoke City by 14,461, or 24.7 per cent. He
stated that 23,575 jobs were created in the Roanoke
Metropolitan Statistical Area (MSA) during this period,
with 61.3 per cent of those jobs in the City of Roanoke;
that from March 1988 through March 1991, the City's role
in the region's economic achievements has been more
pronounced, with net new jobs in the Roanoke MSA at
4,407, and new jobs within Roanoke City at 4,113 of the
4,407, or 93.3 per cent of all Jobs. He advised that
from January 1991 to January 1992, an additional 1,500
jobs were gained in the Roanoke MSA; and the Roanoke MSA
is number two behind Hampton Roads in gross Jobs, with
Hampton Roads producing 2,300 gross jobs, compared to
Roanoke City's 1,500. He stated that there is a
perception that a disproportionate percentage of Roanoke
jobs are low paying; however, the truth is that per
capita income in the Roanoke MSA has risen eight points
since 1980 to 103 per cent of the national average. He
further stated that of all the MSA's in the southeastern
portion of the United States which were studied by the
Economic Forecasting Center including Richmond, Norfolk,
Charlotte and Greensboro, only Sarasota, Florida, had
higher gains in per capita income during that decade.
Mr. Herbert pointed out that since 1982, 5,115 non-
residential building permits, totalling $403 million have
been issued in the City of Roanoke, which is 58.7 per
cent of the value of all non-residential building permits
in Roanoke City, the City of Salem, and Roanoke County.
He stated that in 1991, at the height of the recession,
the City of Roanoke witnessed the completion and start of
a number of major developments, which building activities
generated hundreds of thousands of dollars in real estate
taxes, as well as additional personal property and
utility taxes. He added that this activity accounted for
the fact that the City's share of non-residential
building permits rose to 71 per cent of all the Roanoke
Valley's activity.
The City Manager advised that no locality matched
the real estate tax reduction effort that the City of
Roanoke undertook from the early 1980's through 1988,
however 1989, 1990, and 1991 have been tough years, and,
a review of other major urban cities, in most cases,
would reveal that taxes were raised during that same time
period.
With regard to the Roanoke Centre for Industry and
Technology, the City Manager stated that employment is
currently at 1,800 people; that $70 million has been
invested by private businesses; and the City has recouped
approximately $1.9 million in local tax revenues above
its investment.
Mr. Herbert pointed out that great strides have been
made in the downtown economic development program,
whether it be Dominion Tower, or the Norfolk Southern
Building, or the Century Station Parking Garage, which
have all created local employment opportunities, thereby
increasing the tax base. He called attention to a recent
announcement by Blue Cross/Blue Shield, in which it was
stated that they plan to expand into an additional 42,000
square feet of office space in the Signet Bank Building,
with the addition of more than 160 positions over the
next two years, for a total work force of over 830 by the
end of 1993. He also called attention to a regional hub
that was constructed by United Parcel Service on a site
near the airport where the starting salary of workers is
$11.00 per hour, or $22,880.00 per year; the Sears
Telemarketing Center, which employs approximately 1,000
part- time workers at Valley Court, a new expansion
investment by Roanoke Memorial Hospitals of approximately
$58 million which will enable Roanoke to remain the
medical center of western and southwestern Virginia, and
the proposed reopening of the Hotel Roanoke and the
construction of an adjacent conference center which is
now on track with the announcement of Faison Associates
as the new developer.
The City Manager noted that tourism is a growing and
strong area; and since 1983, the City's contribution to
the Roanoke Valley Convention and Visitors Bureau has
grown on a percentage basis of 950 per cent, with City
funds providing almost 76 per cent of the 1990 budget of
the Convention Bureau. He added that while the City
spends approximately $1.4 million annually in support of
tourism, latest available figures for travel and
expenditures in Roanoke indicate that $120 million was
spent by visitors to Roanoke in 1988, which generated
almost $2.4 million in direct local tax revenues, or
almost doubling the City's investment. He stated that in
1988, 26,700 people attended conventions in the City and
46,500, or an increase of approximately 74 per cent,
attended conventions in 1991.
The City Manager advised that economic development
is a dynamic field which will continue to change, and
while the City's past accomplishments are strong, the
City of Roanoke cannot be content to rest on its laurels.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-HOUSING-SALE/PURCHASE OF PROPERTY: The City
Manager submitted a written report with regard to
Community Development Block Grant loans under the Home
Purchase Assistance Program, advising that $220,000.00
from the Virginia Housing Partnership Fund's Local
Housing Rehabilitation Loan Program, and $240,000.00 in
Community Development Block Grant (CDBG) funds were
allocated to the Home Purchase Assistance Program by
Council at its regular meeting held on Monday, June 26,
1989, thereby allowing the City to provide loans to low-
moderate income households agreeing to buy and repair
certain identified substandard houses; and the Program is
administered jointly by the City and the Roanoke
Redevelopment and Housing Authority as outlined in the
City's contract for services with the Housing Authority.
The City Manager recommended that Council approve a
Community Development Block Grant loan under the Home
Purchase Assistance Program to Cornell Jones for purchase
and rehabilitation of property located at 1912 Melrose
Avenue, N. W., in an amount not to exceed $20,000.00; and
that the City Manager be authorized to execute documents
to be approved as to form by the City Attorney which are
necessary to implement and administer the loan.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30930-040692) AN ORDINANCE approving the loan of
Community Development Block Grant (CDBG) funds to an
individual in connection with the City's Home Purchase
Assistance Program, authorizing the City Manager to
execute documents approved as to form by the City
Attorney necessary to implement and administer the loans,
including a Construction Disbursement Agreement,
authorizing the City Attorney and Director of Finance to
serve as trustees with regard to the related deed of
trust securing the notes for the loan, authorizing the
City Manager to execute a certificate of satisfaction
upon full payment and satisfaction of the loans, and
authorizing recordation by the City Attorney of the
certificate of satisfaction in the Office of the Clerk of
the Circuit Court for the City of Roanoke; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 417.)
68
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
30930-040692. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ........... 5.
NAYS: None -0.
(Council Members Bowles and Harvey were absent.)
ECONOMIC DEVELOPMENT COMMISSION-ROANOKE VALLEY
CONVENTION AND VISITORS BUREAU: The City Manager
submitted a written report with regard to the Roanoke
Valley Convention and Visitors Bureau Accreditation
Program, advising that the Virginia Tourism Accreditation
program was developed by the Virginia Tourism Development
Group, formally the Virginia Division of Tourism, to
establish tourism standards throughout Virginia; that the
Virginia Tourism Accreditation Program will have an 18-
month completion requirement; that 20 preliminary
requests from specific localities and/or their convention
and visitors bureaus will be accepted; that situation
analysis will be made and goals will be established to
address weak areas of tourism development; that local
governments will be asked to be receptive and to support
the development of new or expanded tourism enterprises
and to become better prepared for tourism and economic
development; and localities are not required to make
additional expenditures to cover weak areas which may be
found during the accreditation period.
It was further advised that Roanoke City, Roanoke
County, the Town of Vinton and the City of Salem have
been requested by the Virginia Tourism Development Group
to apply for certification under the umbrella of the
Roanoke Valley Convention and Visitors Bureau, with no
cost incurred by the City; that Roanoke County and the
Town of Vinton have passed the required resolutions of
participation, with the City of Salem expected to do so
prior to the April 10, 1992 deadline; and the
Commonwealth of Virginia does not currently have any
accredited tourism communities.
The City Manager recommended the adoption of a
resolution of participation by the City in the Virginia
Tourism Accreditation Program, and redesignation of the
ACTION:
Roanoke Valley Convention and Visitors Bureau as the
City's representative for the purpose of participating in
said program.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30931-040692) A RESOLUTION endorsing
participation by the City in the Virginia Tourism
Accreditation Program and designating the Roanoke Valley
Convention and Visitor Bureau as the City's
representative for the purpose of participating in this
program.
(For full text of Resolution, see Resolution Book No. 53,
page 418.)
Mr. White moved the adoption of Resolution No.
30931-040692. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ...... 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
CITY ENGINEER-CITY MAPPING PROGRAM: The City
Manager submitted a written report with regard to the
City of Roanoke Mapping Program, advising that a ground
control and mapping consultant contract was awarded to
Lumsden and Associates by Council at its regular meeting
held on Monday, October 14, 1991, in the amount of
$92,975.00, with a contingency of $4,112.00, said
contract to include a cost schedule for any form of
mapping anywhere in the City for one year; and mapping
for the Carvins Cove Waterline Project was also approved
by Council on October 14, 1991, in the amount of
$40,000.00, which contract represented a cost savings of
over $135,000.00 over traditional field survey methods as
priced by the waterline consultant.
It was explained that the Freedom of Information Act
appears to require the City to make its mapping data
available to anyone requesting said information, which
allows localities to recoup basic expenses related to
copying, search time and computer time expended in
supplying such records.
70
It was advised that mapping information that can be
produced accurately, quickly, and economically is a major
asset to any organization; that an aggressive mapping
program is anticipated to result in approximately 25
requests for mapping from developers in a given year;
that a mapping service could be provided in lieu of
providing "raw mapping data" under the Freedom of
Information Act; and mapping maintenance would include
the cost of new aerial photography in five years, annual
photographic updates, surveying to photographic targets,
stereographic triangulation, and replacing lost ground
control points, which would be in addition to the actual
cost of the mapping.
It was explained that a mapping maintenance fee can
be determined by dividing the anticipated cost of mapping
maintenance by the number of requests for mapping
anticipated:
Mapping Cost: (Cost projected out 5 years)
Annual Photograph Updates
Photographic Update (5 years)
Ground Surveys (Photo ID Pts.)
Stereo-Triangulation
Photo Processing Charge
Ground Control Replacement
$15,000.00
12,000.00
24,000.00
20,000.00
3,000.00
15~000.00
Total
$89,000.00
Cost per mapping request:
Maintenance $89,000 / (5x25)
Staff time 3 hours @ $15.00 per hour
$ 712.00
45.00
Total $ 757.00
The City Manager recommended that Council establish
a mapping service utilizing the City's existing mapping
contract with Lumsden and Associates, with a map
maintenance fee of $757.00 per site for mapping requests
from private individuals, developers, and non-City
agencies; and that the Director of Finance be authorized
to establish a separate revenue account entitled, "Map
Maintenance".
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following Resolution:
(#30932-040692) A RESOLUTION approving the
establishment of a mapping service, and amending the
71
,!
ACTION:
City's Fee Compendium to establish a fee of seven hundred
and fifty-seven dollars ($757.00) for processing a
request for the preparation of a map of a site within the
City.
(For full text of Resolution, see Resolution Book No. 53,
page 419.)
Mr. Bowers moved the adoption of Resolution No.
30932-040692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor- - .... 5.
NAYS: None
(Council Members Bowles and Harvey were absent.)
CHESAPEAKE & POTOMAC TELEPHONE COMPANY-
COMMUNICATIONS: The City Manager submitted a written
report advising that the previous Administrative
Telephone System Contract with Chesapeake & Potomac
Telephone Company for telephone line service has expired
and currcntly operates on a month to month basis; that
with the current structure of the City's system, C & P is
the sole source available for telephone line service; and
C & P is providing telephone system services on a month
to month basis with no termination liability.
It was further advised that C & P Telephone Company
has submitted a proposal that offers a new Centrex Tariff
approved by the State Corporation Commission, which is
based upon length of contractual period and number of
Centrex lines; that by subscribing to the 12 month
options, the City will save approximately $4,318.09 per
month or $51,817.08 per year which is achieved through
substantial reductions in the monthly line rate as
compared to the existing Centrex service; that conuersion
to the new plan is accomplished through a change in the
City's class of service and will not affect current
telephone numbers or modify how the system is presently
configured; that no telephone sets will need replacement;
that rates quoted under the Plan will allow the City to
select a contractual period ranging from 12 months up to
36 months; that the City's rates will be stabilized for
budgetary purposes; that the new tariff will allow the
City to achieve significant changes without incurring up-
front capital outlay or changes in its current system and
will allow time for the City to conduct a comprehensive
study of the telephone system which may result in further
72
ACTION:
savings; and the proposed Centrex CustoFLEX Telephone
System would provide enhanced calling features such as
automatic call back, call forwarding, speed calling and
distinctive ringing at reduced costs.
The City Manager recommended that Council authorize
execution of appropriate documents in a form to be
approved by the City Attorney, enabling the City to
subscribe to C & P Telephone Company's Centrex CustoFLEX
Plan for a period of 12 months, with an option to extend
the agreement for another 12 months at the end of the
original agreement.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30933-040692) A RESOLUTION authorizing the City's
participation in C & P Telephone Company's Centrex
CustoFLEX Plan, upon certain terms and conditions.-
(For full text of Resolution, see Resolution Book No. 53,
page 420.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30933-040692. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ................ 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
BUDGET-JUVENILE DETENTION HOME-EQUIPMENT: The City
Manager submitted a written report advising that the new
facility for the Crisis Intervention Center (Sanctuary)
is presently under construction with an expected
completion date of April 30, 1992; that the new building
will replace space that is currently being rented; that
the facility will house up to 15 City youth who need
emergency shelter and crisis counseling; and the
construction budget includes $15,000.00 for furnishings
and equipment.
It was further advised that most furnishings and
equipment in the present building were purchased at least
ten years ago and are in a poor state of repair; that
additional furnishings and equipment, in the amount of
ACTION:
$35,494.00, are needed for the new facility; that the
United States Department of Agriculture has agreed to
reimburse the City $15,494.00 for food service equipment
including stove, refrigerator, freezer, dishwasher, and
all kitchen utensils; and remaining funds of $20,000.00
needed to complete the project are available in the
City's Capital Maintenance and Equipment Replacement
Program.
The City Manager recommended that Council
appropriate $35,494.00 to the Crisis Intervention Center,
and transfer said funds from the General Fund to the
Capital Projects Fund, Crisis Intervention Center
Project, Account No. 008-052-9637, said funds to be
provided from the following sources:
increase the General Fund revenue estimate for
United States Department of Agriculture funds,
Account No. 001-020-1234-0660, by $15,494.00,
and appropriate the funds to Transfers to
Capital Projects Fund, Account No. 001-004-
9310-9508; and
appropriate $20,000.00 from the Capital
Maintenance and Equipment Replacement Program
to Account No. 001-004-9310-9508, Transfers to
the Capital Projects Fund~
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#30934-040692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 421.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30934-040692. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ........... 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
BUDGET-HUMAN RESOURCES: The City Manager submitted
a written report advising that the Department of Social
Services is required by Virginia statutes to accept
custody of and make arrangements for a treatment plan for
children found to be dependent or neglected and in need
of services; that severe emotional problems prevent
children from remaining with their own family or foster
family, consequently, children need intensive residential
services provided by facilities that specialize in
therapeutic care; and the cost of care per child is
increasing each year.
It was further advised that the cost of care
for foster children in custody of the local Department of
Social Services was underestimated by $90,000.00 in
fiscal year 1991-92; whereupon, the City Manager
recommended that Council authorize the following
appropriations:
transfer $90,000.00
Program, Account No.
Foster Care Services,
5314-3141;
from Auxiliary Grant
001-054-5313-3120, to
Account No. 001-054-
increase revenue estimate of Foster Care funds
received from the State Department of Social
Services, Account No. 001-020-1234-0675, in
the amount of $45,000.00;
decrease revenue estimate of Auxiliary Grant
funds received from the State Department of
Social Services, Account No. 001-020-1234-
0670, in the amount of $72,000.00; and
decrease General Fund Contingency, Account No.
001-002-9410-2199, in the amount of
$27,000.00, to offset loss of local funds.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#30935-040692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 422.)
75
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
30935-040692. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ....... 5.
NAYS: None- 0.
(Council Members Bowles and Harvey were absent.)
BUDGET-CITY JAIL: The City Manager submitted a
written report advising that advertisement of public
notice to seek architectural/engineering services for
completion of the second floor cell pod in the Roanoke
City Jail was advertised In a local newspaper on
January 19, 1992; that of the three architectural/
engineering firms which responded to the request for
services, Hayes, Seay, Mattern & Mattern, Inc., was
selected as the most qualified firm for this particular
project, inasmuch as they designed the origina% jail and
also completion of the third and fourth floor pods; and
the project will consist of interior completion of the
second floor pod to accommodate an additional 44 inmates,
which will be achieved by double bunking the cells on the
outside wall.
The City Manager recommended that Council award a
full services architectural/engineering contract to
Hayes, Seay, Mattern & Mattern, Inc., and that he be
authorized to execute said contract in a form acceptable
to the City Attorney, for design development and
construction documents, construction administration and
project inspection for completion of the second floor
cell pod at the Roanoke City Jail, in the amount of
$60,700.00; that Council appropriate $450,000.00 to an
account to be established by the Director of Finance in
the capital projects fund entitled, "City Jail - 2nd
Floor Pod"; that project funding to this new account will
include $250,000.00 from the U. S. Department of Justice,
U. S. Marshals Service, and $200,000.00 from the City
Jail's Recovered Cost Account; and establish an accounts
receivable for the $250,000.00 from the U. S. Department
of Justice, U. S. Marshals Service.
(For full text, see report on file in tha City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
76
ACTION:
ACTION:
(#30936-040692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 423.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30936-040692. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor .... 5.
NAYS: None
-0.
(Council Members Bowles and Harvey were absent.)
Mr. Bowers offered the following Resolution:
(#30937-040692) A RESOLUTION authorizing the
execution of a contract with Hayes, Seay, Mattern &
Mattern, Inc., to provide certain engineering services,
specifically design development, construction documents,
construction administration and project inspections for
the completion of the second floor cell pod in the
Roanoke City Jail.
(For full text of Resolution, see Resolution Book No. 53,
page 424.)
Mr. Bowers moved the adoption of Resolution No.
30937-040692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ....... -5.
NAYS: None
(Council Members Bowles and Harvey were absent.)
BUDGET-CITY ENGINEER-EQUIPMENT-UTILITIES: The City
Manager submitted a written report with regard to bids
received by the City for replacement of a rubber-tired
loader/backhoe to replace an existing unit that was
purchased in 1978, recommending acceptance of the bid
submitted by Baker Brothers, Inc., in the amount of
77
ACTION:
ACTION:
$35,969.00; that $35,969.00 be appropriated from Internal
Services Fund Retained Earnings to Account No. 006-056-
2625-9015; and reject all other bids received by the
City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#30938-040692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Internal Service Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 425.)
Mr. White moved the adoption of Ordinance No. 30938-
040692. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor--- 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
Mr. White offered the following Resolution:
(%30939-040692) A RESOLUTION accepting a bid made
to the City for furnishing and delivering one rubber
tired loader/backhoe; and rejecting all other bids made
to the City.
(For full text of Resolution, see Resolution Book No. 53,
page 426.)
Mr. White moved the adoption of Resolution No.
30939-040692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ...................... 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
78
BUDGET-REFUSE COLLECTION-EQUIPMENT: The City
Manager submitted a written report with regard to bids
received by the City for replacement of two refuse
trucks, reconurlending that Council accept the following
bids and approve the following action:
Item #1
One cab/chassis for 20 cubic yard packer
body to McCormack International Trucks,
for the total cost of $46,712.20.
Item #2
One new 20 cubic yard packer body to be
mounted on Item #1 to Mid-State Equipment
Co., Inc., for the total cost of
$20,220.00.
Item #3
One new cab/chassis for bulky item refuse
body to Sanco/Division of the Hell, for
the total cost of $32,856.00.
Item #4
One new bulky item refuse body to be
mounted on Item #3 to Cavalier Equipment
Co., Inc., for the total cost of
$23,828.00.
Transfer $126,324.00 from Capital Maintenance and
Equipment Replacement Program, as follows:
$123,616.20 to Refuse Collection
Account No. 001-052-4210-9010, for
trucks and bodies.
Department,
purchase of
$2,708.00 to Refuse Collection Department, Account
No. 001-052-4210-9015, for purchase of mobile
radios.
Reject all other bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency budget
ordinance:
(#30940-040692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 427.)
II
79
ACTION:
ACTION=
Mr. Bowers moved the adoption of Ordinance No.
30940-040692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ..... --5.
NAYS: None ...........
-0.
(Council Members Bowles and Harvey were absent.)
Mr. Bowers offered the following Resolution:
(#30941-040692) A RESOLUTION accepting bids for
certain vehicular equipment and rejecting certain other
bids for such equipment.
(For full text of Resolution, see Resolution Book No. 53,
page 428.)
Mr. Bowers moved the adoption of Resolution No.
30941-040692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor- --5.
NAYS: None
(Council Members Bowles and Harvey were absent.)
BUDGET-EQUIPMENT-PUBLIC WORKS: The City Manager
submitted a written report with regard to purchase of
trucks and related equipment to be used by the Public
Works, Grounds Maintenance and Utility Line Services
Departments, recommending that certain bids be accepted;
that funds be appropriated and transferred; and that all
other bids received by the City be rejected.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance appropriating and transferring funds:
AN ORDINANCE to amend and reordain certain sections
of the 1991-92 General and Internal Service Fund
Appropriations, and providing for an emergency.
80
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of the ordinance.
The motion was seconded by Mr. White and lost by the
following vote:
AYES: Council Members Fitzpatrick, Musser, White
and Mayor Taylor ...... 4.
NAYS: None 0.
(Council Member Bowers abstained from voting.)
(Council Members Bowles and Harvey were absent.)
Mr. Fitzpatrick moved that the report be deferred
until the next regular meeting of Council on Monday,
April 13, 1992. The motion was seconded by Mr. White and
adopted, Mr. Bowers abstained from voting.
BUDGET-FIRE DEPARTMENT-EQUIPMENT: The City Manager
submitted a written report advising that State grant
funds which were appropriately accepted by the City in
the amount of $121,896.00, are available for the purchase
of a hazardous materials vehicle; and two bids were
publicly opened and read by the Manager of General
Services on February 28, 1992.
It was further advised that the lowest bid submitted
by Chief's Fire and Rescue, Inc., took some exceptions to
the specifications, which are determined to be
informalities as defined in Section 23.1-3 of the Code of
the City of Roanoke; that negotiations were conducted
with Chief's Fire and Rescue, Inc., which resulted in a
reduced price, including operational equipment and
performance bond of $136,096.00; however, the negotiated
amount still exceeds available funds by $14,200.00, which
as been identified in the Capital Maintenance and
Equipment Replacement Program.
The City Manager recommended that Council accept the
bid submitted by Chief's Fire and Rescue, Inc., in the
total amount of $136,096.00; and that $14,200.00 be
appropriated from the Capital Maintenance and Equipment
Replacement Program to Fire Operation, Account No. 001-
050-3213-9015, advising that funding is available for the
remaining $121,896.00 from the following accounts:
$80,000.00 from Hazardous Materials Vehicle
Grant Fund, Account No. 035-050-3221-9015
$10,000.00 from Hazardous Materials Program
Grant Fund, Account Number 035-050-3220-9015
81
ACTION:
ACTION:
$31,896.00 from Fire Programs Grant Fund,
Account Number 035-050-3222-9015
Reject all other bids receiued by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#30942-040692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 429.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30942-040692. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor-- --5.
NAYS: None--- 0.
(Council Members Bowles and Harvey were absent.)
Mr. Fitzpatrick offered the following Resolution:
(#30943-040692) A RESOLUTION accepting the bid of
Chief's Fire and Rescue, Inc., to provide a hazardous
materials vehicle to the City, upon certain terms and
conditions, and rejecting all other bids made to the City
for such vehicle.
(For full text of Resolution, see Resolution Book No. 53,
page 430.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30943-040692. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor-- 5.
NAYS: None- 0.
(Council Members Bowles and Harvey were absent.)
ACTION:
SPECIAL PERMITS-STADIUM/ARMORY: The City Manager
submitted a written report advising that Mr. Donald F.
Taylor appeared before Council on Monday, January 13,
1992, and requested permission to conduct 20 auto racing
events at Victory Stadium between May and September,
1992; that Council approved eight 1992 auto racing dates
on February 10, 1992, and directed City staff to develop
an appropriate license agreement with the promotor and
his attorney for approval by Council prior to April 6,
1992; that racing dates for 1992 are May 1~ June 12,
July 10, 17, 24, August 7, 21, and September 7; and City
staff has met with the promotor to consider his proposals
with regard to the 1992 racing season, and established
guidelines to assure the protection of spectators and
property.
The City Manager recommended that Council authorize
execution of a license agreement with the promotor, as
prepared by the City Attorney, taking into consideration
special provisions with regard to safety of spectators
and property, insurance, financial accountability, noise,
and parking.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the following Ordinance
be placed upon its first reading:
(#30944) AN ORDINANCE granting a license agreement
for automobile racing at Victory Stadium, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 441.)
The motion was seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ......... 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
CITY CODE-COMPLAINTS-POLICE DEPARTMENT: The City
Manager and the City Attorney submitted a joint written
report advising that the City's dog ordinance, including
the section on vicious dogs, was adopted by Council in
1956; and increased public attention to the issue of
vicious dogs has been brought about over recent years by
news media coverage of several incidents i~uolving "pit
bull" dogs and other atrocities involving dangerous and
vicious dogs.
It was further advised that the present ordinance
limits the City's ability to deal with potentially
dangerous dogs; that more than one incident is often
necessary before a dog is considered "vicious"; that the
range of penalties is limited; that the penalty carries
a fine of up to $100.00, and the Judge must then decide
whether to have the dog euthanized or to return it to the
owner which are the only options; that the City's
ordinance does not place responsibility on the owner of
the dog to take steps insuring that the dog will not harm
another person; that with the growing popularity of large
and/or aggressive dogs, it is more and more likely that
a dog's first bite may be severe or even fatal; that
enforcement efforts are hampered, inasmuch as the present
ordinance allows the dog at least "one bite" and does not
assume responsibility for the dog; and various states and
localities have adopted comprehensive ordinances as
recommended by The Humane Society of the United States.
The City Manager and the City Attorney recommended
that Council adopt a comprehensive ordinance which would
define and regulate dangerous dogs, and further provide
additional options for the presiding judge to protect
public safety through restrictions imposed on the
dangerous dog's owner.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30945-040692) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by amending ~6-
22, Definition~, of Division 1, Generally, of Article
II, Dogs Generally, of Chapter 6, Animals and Fowl;
amending §6-42.1. License fee imposed, of Division 2,
License, of Article II, Doqs Generally, of Chapter 6,
Animals and Fowl; and adding a new Division 3, Danqerous
and Vicious Dogs, to Article II, Dogs Generally, of
Chapter 6, Animals and Fowl; the amended and added
sections providing definitions, establishing a procedure
for declaring a dog to be dangerous or vicious, requiring
a special license for a dangerous dog and establishing a
fee therefor, establishing conditions for the keeping of
a dangerous dog, providing for disposition of a vicious
84
ACTION:
dog, setting penalties for violations and providing for
exceptions; and repealing §6-27, Vicious dogs, of
Division 1, Generally, of Article II, Dogs Generally, of
Chapter 6, Animals and Fowl, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 431.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30945-040692. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor-- 5.
NAYS: None .... 0.
(Council Members Bowles and Harvey were absent.)
Ms. Mary K. Welch, a member of the Roanoke Kennel
Club, commended the City Attorney for a well written and
comprehensive dangerous dog ordinance, and for including
a stipulation in the measure that would keep an animal
from being labeled "dangerous" simply on the basis of its
breed. She inquired if the liability insurance would be
so expensive as to constitute a fine. She stated that
the ordinance should protect the citizens of Roanoke
City, and she hoped that the General Assembly would pass
similar state-wide legislation.
The City Attorney responded that the insurance
requirement would be met by the standard homeowner's and
tenant's insurance policies. He stated that the standard
homeowner's insurance policy carries a liability limit of
$1,000.00 which would meet the requirements of the
ordinance, that the insurance certificate would be filed
with the City Treasurer upon purchase of a license for a
dangerous dog, and the City Treasurer would immediately
forward the insurance certificate to the City's Risk
Manager for review as to compliance with stipulations of
the ordinance.
DIRECTOR OF FINANCE:
BUDGET-TAXES-DIRECTOR OF FINANCE: The Director of
Finance submitted a written report with regard to fiscal
year 1991-92 revenue adjustments, advising that the
City's General Fund revenue base has weathered the
recession storm, except for sales tax and interest
income; and revenue estimates adopted in the current
85
year's budget relative to State reimbursement revenues
appear to be on target because Council anticipated and
approved reductions in State revenue estimates in
developing the fiscal year 1992 General Fund revenue
base.
The Director of Finance recommended the following
corrections:
(1)
Real estate tax collections compare favorably
with the revenue estimate, with the increase
in amount of delinquent taxes noticeable, but
not alarming. The adopted estimate for real
estate tax will be collected.
(2)
Personal Property Tax collections as of
February 28, 1992, are 20 per cent over prior
year collections which indicates that citizens
are trading vehicles and the value of pro-
ration. It is anticipated that after the
May 31, 1992, personal property payment
deadline, this revenue estimate will be
collected.
(3)
Public Service Corporation Tax which
represents real estate taxes and personal
property taxes collected from utility
companies and railroads. Assessment
procedures were modified in fiscal year 1991
which resulted in a one-time revenue increase
related to assessments for 1989, 1990, and
1991 of $320,000.00. Recurring annual
revenues generated by the modification of
assessments procedures has increased this
revenue source by $240,000.00, and
recommending that this revenue estimate be
increased by $560,000.00.
(4)
Sales Tax (1 per cent Local Option) through
the March 16, 1992, collection date is 3.35
per cent below the eight months collection for
fiscal year 1991. It was estimated in the
1992 budget that this revenue source would
increase by 2 per cent, however, based on
current information, it is estimated that the
City will fall short by approximately 6.3 per
cent, resulting in a revenue adjustment of
($740,000.00).
ACTION:
(5)
Utility Tax revenues collected through
February 15, 1992, are 5.9 per cent above the
adopted revenue estimate, and recommending
that this revenue estimate be increased by
$330,000.00.
(6)
Interest on investments continues to decline
as interest rates decline; that interest rates
on short-term investments have declined from
8.5 per cent to just under 4 per cent; and
recommending that this revenue source be
reduced by ($150,000.00).
It was explained that all other major revenue
sources appear to be on target with adopted revenue
estimates, and a proposed budget ordinance will adjust
the following revenue estimates:
Public Service Corporation Tax
Sales Tax
Utility Tax
Interest Income
$ 560,000.00
(740,000.00)
330,000.00
(150,000.00).
Net Revenue Adjustment
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#30946-040692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 436.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30946-040692. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ................. 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
REPORTS OF CO~4ITTEES:
BUDGET-WATER DEPARTMENT: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources
Committee, presented a written report on behalf of the
Committee with regard to Change Order No. 1 to the
contract with Dewberry and Davis for Carvtns Cove
Improvements, Phase II.
A staff report advised that Design Phase II
contract, issued to Dewberry and Davis, for expansion of
and renovation to the Carvins Cove gravity distribution
system was approved by Council at a regular meeting on
Monday, September 9, 1991, in the amount of
$1,072,816.00; that extremely low water pressure in
Mount Pleasant and adjacent areas prompted numerous
complaints from residents; that the areas are currently
served by the gravity system, however, some of the areas
are too high in elevation to receive adequate service;
and a pump station and elevated storage system are needed
to provide adequate service.
It was further advised that additional work was
requested by the City to study this area inasmuch as the
current planned renovations will not significantly
improve the conditions; that the scope of work to be
performed in Change Order No. 1 includes the location of
a storage tank which will best serve the immediate needs
as well as the potential needs of these areas, a pumping
station near the intersection of Rutrough Road and Mt.
Pleasant Boulevard, construction documents, and
construction administration, at a cost of $22,000.00.
The Water Resources Committee recommended that
Council authorize execution of Change Order No. 1 to the
contract with Dewberry & Davis, in the amount of
$22,000.00; and that the Director of Finance be
authorized to transfer $22,000.00 from Water Fund
Retained Earnings to Carvins Cove Improvements, Phase II,
Account No. 002-056-8364-9055.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
88
ACTION:
ACTION:
(#30947-040692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 437.)
Mr. Musser moved the adoption of Ordinance No.
30947-040692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ............... 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
Mr. Musser offered the following Resolution:
(#30948-040692) A RESOLUTION approving the City
Manager's issuance of Change Order No. 1 to the City's
contract with Dewberry & Davis, for engineering services
in connection with Carvins Cove Improvements, Phase II.
(For full text of Resolution, see Resolution Book No. 53,
page 438.)
Mr. Musser moved the adoption of Resolution No.
30948-040692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ....... 5.
NAYS: None- 0.
(Council Members Bowles and Harvey were absent.)
CHESAPEAKE AND POTOMAC TELEPHONE COMPANY-EASEMENTS-
CITY PROPERTY: Council Member Elizabeth T. Bowles,
Chairperson of the Water Resources Committee, presented
a written report on behalf of the Committee, with regard
to dedication of a public utility easement to Chesapeake
& Potomac Telephone Company for siting of an equipment
cabinet on an unused portion of Lakewood Park along
Brambleton Avenue, S. W.
A staff report advised that improvement and
modernization of C & P Telephone services in the
Brambleton/Brandon Avenue, S. W. area requires the siting
89
ACTION:
of an equipment cabinet near the intersection of the two
streets; that location of the equipment cabinet on an
unused, hillside portion of Lakewood Park along
Brambleton Avenue, adjacent to an existing C & P manhole
would be ideal and has been requested by C & P; and the
Department of Parks, Recreation and Grounds Maintenance
has no objections to the proposed location of the
equipment cabinet.
The Water Resources Committee recommended that
Council authorize dedication of a public utility easement
on the west side of Brambleton Avenue, S. W.,
approximately 154 feet south of the Murray Run box
culvert under the street.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Musser moved that the following Ordinance be
placed upon its first reading:
(#30949) AN ORDINANCE authorizing dedication of a
certain 15 foot by 25 foot public utility easement on the
west side of Brambleton Avenue, S. W., to C & P Telephone
Company, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 441.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ................... 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
ROANOKE VALLEY RESOURCE AUTHORITY-REFUSE COLLECTION:
Messrs. Kit B. Kiser and Joel M. Schlanger, City
Representatives to the Roanoke Valley Resource Authority,
presented a Joint written report advising that Section
5.9, Annual Budqet, of the October 23, 1991 Roanoke
Valley Resource Authority Members Use Agreement requires
the Authority to submit its operating budget to Charter
Member jurisdictions by April 1 of each year prior to the
start of the upcoming fiscal year; and Council approved
the five month interim budget for February through June,
1992, at its meeting on February 18, 1992.
90
ACTION:
Mr. Schlanger and Mr. Kiser transmitted copy of a
communication from Authority Chairman, Gardner Smith,
along with the fiscal year 1993 annual budget of
$320,321.00, advising that funding will come from the
Roanoke Valley Regional Solid Waste Management Board, and
requested Council's approval of the fiscal year 1993
annual operating budget of the Authority, in the amount
of $320,321.00.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Bowers offered the following Resolution:
(#30950-040692) A RESOLUTION approving the Fiscal
Year 1993 Annual Operating Budget of the Roanoke Valley
Resource Authority, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 439.)
Mr. Bowers moved the adoption of Resolution No.
30950-040692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor ..... 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 3:50 p.m., the Mayor declared the meeting in
recess.
At 5:00 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
ACTION:
ACTION:
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Musser,
White and Mayor Taylor-- - .... 5.
NAYS: None
(Council Members Bowles and Harvey were absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised
that there is a vacancy on the Roanoke Neighborhood
Partnership Steering Committee, created by the
resignation of Mr. Hilary Lantz, and called for
nominations to fill the vacancy.
Mr. Musser placed
Lenora V. Williams.
in nomination the name of
There being no further nominations, Ms. Williams was
elected as a member of the Roanoke Neighborhood
Partnership Steering Committee, for a term ending
November 11, 1992, by the following vote:
FOR MS. WILLIAMS: Council Members
Fitzpatrick, Musser, White and Mayor Taylor--
Bowers,
(Council Members Bowles and Harvey were absent.)
ROANOKE ARTS COMMISSION: The Mayor advised that
there is a vacancy on the Roanoke Arts Commission,
created by the resignation of Ms. Susan Urano, and called
for nominations to fill the vacancy.
Mr. Musser placed in nomination the name of Brook
Dickson.
ACTION:
ACTION:
ACTION:
There being no further nominations, Ms. Dickson was
elected as a member of the Roanoke Arts Commission, for
a term ending June 30, 1993, by the following vote:
FOR MS. DICKSON: Council Members
Fitzpatrick, Musser, White and Mayor Taylor-
Bowers,
(Council Members Bowles and Harvey were absent.)
At this point, 5:05 p.m., Vice-Mayor Musser left the
meeting.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised
that there is a vacancy on the Roanoke Neighborhood
Partnership Steering Committee, created by the
resignation of Ms. Ora Belle McColman, and called for
nominations to fill the vacancy.
Mr. White placed
Katherine G. Cochran.
in nomination the name of
There being no further nominations, Ms. Cochran was
elected as a member of the Roanoke Neighborhood
Partnership Steering Committee, for a term ending
November 9, 1994, by the following vote:
FOR MS. COCHRAN: Council Members
Fitzpatrick, White and Mayor Taylor ......
Bowers,
4.
(Council Members Bowles, Harvey and Musser were absent.)
LANDMARKS-WATER DEPARTMENT: The Mayor advised that
there is a vacancy on the Advisory Committee, Crystal
Spring Pumping Station, created by the resignation of Mr.
Richard Meagher, and called for nominations to fill the
vacancy.
Mr. White placed in nomination the name of Davis T.
Maxey.
There being no further nominations, Mr. Maxey was
elected as a member of the Advisory Committee, Crystal
Spring Pumping Station, for a term ending June 30, 1992,
by the following vote:
FOR MR. MAXEY: Council Members Bowers, Fitzpatrick,
White and Mayor Taylor ........... 4.
(Council Members Bowles, Harvey and Musser were absent.)
ACTION:
ACTION:
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised
that there is a vacancy on the Roanoke Neighborhood
Partnership Steering committee, created by the
resignation of Mr. James B. McCloskey, and called for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of
Dale C. Allen.
There being no further nominations, Mr. Allen was
elected as a member of the Roanoke Neighborhood
Partnership Steering committee, for a term ending
November 10, 1993, by the following vote:
FOR MR. ALLEN: council Members Bowers, Fitzpatrick,
--4.
White and Mayor Taylor .......
(Council Members Bowles, Harvey and Musser were absent.)
TRAFFIC-STATE HIGHWAYS-ROANOKE NEIGHBORHOOD
PARTNERSHIP: Mr. Fitzpatrick offered the following
resolution authorizing the City Manager to enter into a
Memorandum of Understanding with the Greater Deyerle
Neighborhood Association under date of April 7, 1992:
(#30951-040692) A RESOLUTION authorizing the City
Manager to enter into a Memorandum of Understanding with
the Greater Deyerle Neighborhood Association, dated
April 7, 1992.
(For full text of Resolution, see Resolution Book No. 53,
page 439.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30951-040692. The motion was seconded by Mr. Bowers and
adopted by the following vote:
Fitzpatrick, White
AYES: Council Members Bowers, ........... 4.
and Mayor Taylor .......
NAYS: None
(Council Members Bowles, Harvey and Musser were absent.)
There being no further business, the Mayor declared the
meeting adjourned at 5:10 p.m.
APPROVED
ATTE ST:
City Clerk
95
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
April 13, 1992
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, April 13,
1992, at 7:30 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetinqs, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Howard E. Musser, William
White, Sr., David A. Bowers and Mayor Noel C. Taylor ...... 7.
ABSENT: None-
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; Joel M. $chlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Charles S. Hoffler, Pastor, Waverly Place Baptist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-CITY GOVERNMENT: The Mayor
presented a Key to the City to Mr. Klm, He Seong, a
reporter with NBC Studios in Wonju, Korea, Roanoke's
Sister City.
ACTS OF ACKNOWLEDGEMENT: Mr. Samuel L. Lionberger,
III, Chairman of the Miss Roanoke Valley Pageant,
introduced Ms. Julia Slemp, Miss Roanoke Valley 1992.
On behalf of the Members of Council, the Mayor
welcomed Ms. Slemp to the meeting and presented her with
a crystal star which is symbolic of the star on Mill
Mountain.
ACTS OF ACKNUWLEDGEMENT-SCHOOLS: Mr. Bowers offered
the following Resolution honoring the Patrick Henry High
School Basketball Team for winning the 1992 State Group
AAA Men's Basketball Championship on Saturday, March 21,
1992, in Charlottesville, Virginia:
ACTION:
ACTION:
(#30952-041392) A RESOLUTION commending the Patrick
Henry High School Basketball Team for winning the 1992
State Group AAA Men's Basketball Championship.
(For full text of Resolution, see Resolution Book No. 53,
page 442.)
Mr. Bowers moved the adoption of Resolution No.
30952-041392. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ....... 7.
NAYS: None--- 0.
On behalf of the Members of Council, the Mayor
presented Dr. Elizabeth D. Lee, Principal of Patrick
Henry High School, basketball coaches and players with a
ceremonial copy of the resolution and a plague with an
appropriate inscription.
At 8:10 p.m., the Mayor declared the meeting in
recess.
At 8:15 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Men~ers of
the Council In attendance.
SCHOOLS: The Mayor advised that on June 30, 1992,
there will be two vacancies on the Roanoke City School
Board, and pursuant to Section 9-20 of the Code of the
City of Roanoke (1979), as amended, on or before April 20
of each year, Council shall, by public vote, select from
the field of candidates those candidates to be accorded
the public interview required by Section 9-21 for the
position of School Board Trustee and all other candidates
shall be eliminated from the School Trustee selection
process, with the number of candidates to be granted the
interview not to exceed three times the number of
positions available on the School Board, should there be
so many candidates, the matter was before the body.
The Mayor pointed out that the following persons had
applied for appointment to the School Board:
The Reverend C. Nelson Harris
A. Dale Hendrick
H. Joel Kelly
Edward J. Lyons
Melinda J. Payne
ACTION=
ACTION=
ACTION=
ACTION:
ACTION:
ACTION:
ACTION=
Norma R. Smith
Larry L. Lilley
Thomas L. Orr
Clubert G. Poff
James W. Stephens
Ruth C. Willson
The Mayor advised that if a member of Council would
like to discuss the merits of any of the abovenamed
individuals, the subject would be a permissible topic for
Executive Session.
No member of Council having indicated a desire to
discuss the matter in Executive Session, the Mayor
advised that the Chair would be pleased to accept the
names of persons to be accorded the formal interview on
Tuesday, April 21, 1992, at 6:30 p.m., in the City
Council Chamber. Upon request for clarification by the
City Clerk, the Mayor advised that all names were
considered to be placed in nomination, and Council
members would cast their votes for the six persons they
would like to receive the formal interview; whereupon,
the following roll call vote was recorded:
COUNCIL MEMBER BOWLES: Mr. Orr, Reverend Harris,
Ms. Willson, Mr. Poll, Mr. Stephens and Mr. Hendrick.
COUNCIL MEMBER FITZPATRICK:
Harris, Ms. Willson, Mr. Poff,
Stephens.
Mr. Orr, Reverend
Ms. Payne and Mr.
COUNCIL MEMBER HARVEY: Reverend Harris, Mr. Orr,
Ms. Payne, Mr. Poll, Mr. Stephens and Ms. Willson.
VICE-MAYOR MUSSER: Reverend Harris, Mr. Hendrick,
Mr. Poff, Ms. Smith, Mr. Stephens and Ms. Wlllson.
COUNCIL MEMBER WHITE: Mr. Orr, Ms. Payne, Reverend
Harris, Ms. Willson, Mr. Poff and Mr. Stephens.
COUNCIL MEMBER BOWERS: Reverend Harris, Mr.
Hendrick, Mr. Kelly, Mr. Poff, Ms. Smith and Ms. Willson.
MAYOR TAYLOR: Reverend Harris, Mr. Orr, Ms. Payne,
Ms. Smith, Mr. Stephens and Mr. Hendrick.
Mayor Taylor declared that five of the abovenamed
persons, viz: Reverend Harris, Mr. Orr, Mr. Poff, Mr.
Stephens and Ms. Wlllson had received at least five
affirmative votes of the Council, and inasmuch as there
was a tie vote between Ms. Payne and Mr. Hendrick, he
98
ACTION:
ACTIONt
ACTION:
ACTION:
ACTION=
ACTION~
ACTION:
called for a second ballot in which Council members would
cast their vote for either Ms. Payne or Mr. Hendrick;
whereupon, the following roll call vote was recorded:
COUNCIL MEMBER BOWLES: Ms. Payne.
COUNCIL MEMBER FITZPATRICK: Ms. Payne.
COUNCIL MEMBER HARVEY: Ms. Payne
VICE-MAYORMUSSER: Mr. Hendrick.
COUNCIL MEMBER WHITE: Ms. Payne.
COUNCIL MEMBER BOWERS: Mr. Hendrick.
MAYOR TAYLOR: Ms. Payne.
The Chair ruled that Ms. Payne received fi~e
affirmative votes of the Council, and therefore, would be
accorded the formal interview.
Pursuant to the above roll call votes of the
Council, the Chair advlsed that the following persons
would receive the formal interview for the position of
School Board Trustee on Tuesday, April 21, 1992, at 6:30
p.m., in the City Council Chamber:
The Reverend C. Nelson Harris
Thomas L. Orr
Mellnda J. Payne
Clubert G. Poff
James W. Stephens
Ruth C. Willson
BID OPENINGS
STREETS AND ALLEYS: Pursuant to notice of
advertisement for bids for asphalt concrete overlays and
pavement profiling of various streets within the City,
said bids to be received by the City Clerk until
4:30 p.m., on Monday, April 13, 1992, and to be held,
opened and read before the Council at 7:30 p.m., on that
date, or as soon thereafter as the matter may be heard,
the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
99
ACTION:
ACTION:
BIDDER
BASE BID
ALTERNATE I
Virginia Asphalt Paving
Co., Inc.
S. R. Draper Paving
Co., Inc.
Adams Construction Co.
L. H. Sawyer Paving
Co., Inc.
$758,236.15
781,446.85
789,504.00
918,860.85
$46,000.00
46,000.00
46,000.00
51,750.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and Kit B. Kiser as members
of the committee.
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, April 13, 1992, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
Mr. and Mrs. Kenneth W. Mitchell and Ms. Peggy S.
Campbell that a portion of Barnett Road, N. W., between
5102 and 5098 Youngwood Drive, described as Office Tax
Nos. 6131907 and 6132001, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
March 27, 1992, and Friday, April 3, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the portion of Barnett Road requested for closure
extends from its intersection with Youngwood Drive south,
approximately I30 feet and terminates at a tract of land
described as Official Tax No. 6110114; that it exists as
a paper street approximately 50 feet in width; and the
subject portion of Barnett Road is located between the
two abutting properties which have requested closure of
the right-of-way, was before Council.
100
ACTION'.
The Planning Commission recommended that Council
approve the request to close and permanently vacate a
portion of Barnett Road, N. W., subject to the following
conditions:
that the applicants agree to submit to the
City for review, approval and recordation, a
plat of subdivision providing for all
necessary easements and proper division of the
vacated right-of-way; and
if the abovedescrlbed subdivision plat is not
submitted and recorded within a period of 12
months from the date of any ordinance
providing for closure, said ordinance shall
become null and void with no further action by
Council being necessary.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the following Ordinance be
placed upon its first reading:
(#30953) AN ORDINANCE permanently vacating,
discontinuing and closing certain public right-of-way in
the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 456.)
The motion was seconded by Fitzpatrick.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request.
There being none, Ordinance No. 30953 was adopted on its
first reading by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None 0.
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, April 13,
1992, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of Trustees of Jerusalem
Baptist Church that property located at 1014 Norfolk
Avenue, S. W., described as Lots 1 - 5, inclusive,
101
ACTION:
Section 18, Map of Webb Addition, and Lots 1 and 2,
Section 17, Map of Webb Addition, Official Tax Nos.
1110801 - 1110804, inclusive, and 1110810, be rezoned
from LM, Light Manufacturing District, to RM-2,
Residential Multi-Family, Medium Density District,
subject to certain conditions proffered by the
petitioner, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
March 27, 1992, and Friday, April 3, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to bring
existing church and adjoining property into conformance
with current zoning regulations, was before Council.
The Planning Commission recommended that Council
approve the request, advising that the rezoning would
place an existing legal nonconforming use and building
into a conforming zoning status and would provide for
future expansions, remodeling or enhancement to the
facility; and the existing and proffered continued use of
the property as a church would facilitate the
preservation of a neighborhood landmark, as well as
provide a harmonious transitional land use in the area as
set forth in the Comprehensive Plan.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the following Ordinance be
placed upon its first reading:
(#30954) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
111, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered b¥ the applicant.
(For full text of O~dinance, see Ordinance Book No. 53,
page 458.)
The motion was seconded by Bowers.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request;
whereupon, Mr. Ren T. Heard, Chairperson, West End
102
Association, and President of the Roanoke Consortium,
Inc., the largest property owner adjacent to Jerusalem
Baptist Church, appeared before Council on behalf of the
West End Association and stated that Council should table
the request at this time inasmuch as the rezoning would
constitute spot zoning, and pointed out that in the past
Council has avoided spot zoning which sets a bad
precedent and avoids the very nature of long term
community planning and zoning. He stated that the area
is currently under study by the City Planning Department
as to its uses, and the process of a rezoning should be
done on a neighborhood-wide basis, following appropriate
study and citizen public hearings. Once this process has
been completed, he added that then and only then, would
the request of Jerusalem Baptist Church be valid and
worthy of consideration. He explained that he was not
present to oppose the request of the Church, but to place
the request in the proper planning context, advising
that the West End Association was not contacted by the
Church or the City Planning Department with regard to the
request for rezoning.
In connection with the viewpoint of the Roanoke
Consortium, Inc., which owns ten buildings located
adjacent to the property of Jerusalem Baptist Church, Mr.
Heard advised that the area has been zoned light
manufacturing since 1965, that a number of businesses
which surround the property of the Church, and without
input from these businesses, Council would be remiss in
considering the request for rezoning at this time. He
explained that he was not notified of the request of the
Church and Stockholders of the Consortium need time to
study the rezoning insofar as its impact on their
properties. He pointed out that without a neighborhood-
wide participation review process led by the City
Planning Department, the proposed rezoning amounts to
spot zoning, which will inevitably open the door for
similar requests by other adjacent property owners, and
thus, the City will lose valuable light manufacturing
property to residential use.
Mr. Heard expressed appreciation to Council for the
support which has been given to the C.O.P.E. Team,
advising that through joint efforts of the West End
Association and the C.O.P.E. Team, the 1300 block of
Rorer Avenue is a drug free zone for the first time in 12
years.
Mr. Thomas Blanton, 1105 Valley Avenue, S. W.,
advised that he supported the proposed rezoning from
light manufacturing to residential and proposed that
103
Council rezone the entire block of Norfolk Avenue from
Tenth Street to Eleventh Street, S.W., from light
manufacturing to residential inasmuch as the block is
currently composed solely of single family residences and
no manufacturing facilities. In addition, he called
attention to several vacant houses which are in need of
repair but cannot be renovated because their use is not
in conformance with current zoning, therefore, rezoning
of block from light manufacturing to residential would
make it possible to renovate these vacant structures.
Dr. J. Eugene Young, Pastor, Jerusalem Baptist
Church, advised that in February 1992, a petition was
submitted to the City Planning Commission requesting that
the property be rezoned for the purpose of cosmetically
lifting the Church structure to enhance the Norfolk
Avenue area. He stated that the Church has existed for
approximately 93 years and he owes it to the
parishioners, as well as to the community, to update the
facility. He asked that Council give serious
consideration to the request of the Church for rezontng
property located at 1014 Norfolk Avenue, S. W.
There being no other persons who wished to be heard on
the request for rezoning, Ordinance No. 30954 was adopted
on its first reading by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor .......... 7.
NAYS: None 0.
TAXES: Mr. Ted H. Key, Executive Director,
Williamson Road Area Business Association (WRABA),
advtred that in 1987, the Williamson Road Area Business
Association entered into an agreement with the City of
Roanoke to follow the guidelines of an urban design
catalog, and with the assistance of the City Planning
Department, to be a focal point for contact by interested
developers and other business persons. He stated that
the urban design catalog has assisted the WRABA in
presenting a united front in order to identify the many
needs of this particular corridor of the City, with the
Community Planning Office and the Roanoke Neighborhood
Partnership serving as catalysts, advisors and friends in
bringing about certain minor and major changes in the
community.
104
Mr. Key called attention to the most notable changes
in the 3200 and 3300 blocks of Williamson Road which
include, over the past three years, more than $3 million
of improvements by the private sector. He advised that
being designated as a Special Service District will
provide the Williamson Road area with the stimulus and
base funding to flex its abilities to further change in
certain areas of need which have not been addressed
because of budgetary constraints.
Mr. Key called attention to 87 signed endorsements
by owners of parcels of real estate in the area targeted
for the Special Service District, advising that there are
386 parcels of real estate in this designated area which
extends from Orange Avenue, north on Williamson Road to
the City limits at Malvern Road. He explained that
approximately 33 of the 87 parcels are owned by out of
state residents, that only 84 property owners in the
24012 zip code are residents of the area and 269 property
owners live outside of the proposed Special Service
District. He noted that informational letters were
mailed in March of 1992, to all property owners inviting
them to attend an open forum at Preston Park Recreation
Center and only two property owners were in attendance.
Mr. Key pointed out that the basics of the request
for creating a Special Service District were given to
Council on March 26, 1992; that informational letters
were mailed to all property owners in late February and
early March inviting them to attend a monthly luncheon
meeting of the Williamson Road Area Business Association
and/or inviting them to call or write with regard to
questions relative to the proposed Special Service
District, however, no response was received. He noted
that the Wllliamson Road Area Business Association has
made a sincere and thorough effort to communicate with
all property owners in the area with regard to creation
of the Special Service District; that hundreds of
telephone calls and personal visits were made; that three
property owners expressed the opinion that the tax base
is already too excessive; that one letter was received
from a property owner expressing the opinion that he
already pays enough taxes; and six property owners have
stated that they would not endorse any type of tax
increase, however, they would not oppose the Special
Service District.
Mr. Key advised that inasmuch as opposition is
minimal; that directors, officers, and members of the
Williamson Road Area Business Association have given well
over 2000 hours of their time to this important project
105
ACTION:
in an effort to make the community, property owners,
managers of businesses and citizens at-large aware of the
proposal; that to a large degree, the level of progress
in the Williamson Road corridor and other corridors of
the City rests with Joint ventures of the private and
public sectors, he would ask that Council approve the
request of the Williamson Road Area Business Association
for a Special Service District, in order that the area
will be in a position to move forward to effectively meet
the changing needs of the community.
Concern was expressed that of the 386 property
owners in the Williamson Road area, only 87 have signed
endorsements for the Special Service District; whereupon,
Mr. Key advised that it would be an impossible task to
contact every property owner, and the Wllliamson Road
Area Business Association has made what it considers to
be a good faith effort to contact all property owners
inasmuch as members have devoted well over 2000 hours in
their efforts to do so.
Mr. Charlie E. Overstreet, representing the
Williamson Road Area Business Association, advised that
one-third of the property owners have been contacted. He
spoke in support of creation of the Special Service
District for the Wllliamson Road area.
Mr. Linwood Locklear, also representing the
Williamson Road Area Business Association, advised that
he is a charter member of the Association, and he has
supported the organization in every possible way since
its inception. He stated that the Williamson Road Area
Business Association will not be in operation a year from
now if the request for a Special Service District is
denied because the Association does not have sufficient
funds to continue operating. He further stated that he
would not expect Council to approve the request if
considerable opposition had made itself known; however,
no one had appeared before Council in opposition.
Mrs. Bowles moved that Council approve the concept
of a Special Service District for the Williamson Road
area. The motion was seconded by Mr. Musser.
Upon question, the City Attorney advised that the
Wllliamson Road Area Business Association appeared before
Council several weeks ago with its request for a Special
Service District, and at that time, Council requested
that he establish a public hearing which was duly
advertised pursuant to provisions of the Code of
Virginia. He stated that a considerable amount of work
106
ACTION:
has been done with regard to the legal description of the
properties Involved, but there is still a great deal of
work left to be done. He further stated that predicate
to the establishment of a Special Service District is the
negotiation of a contract between the City and the
organization which will, in effect, become the agent of
the City to expend public funds, which contract has not
as yet been negotiated. He added that once the contract
is negotiated, an ordinance will be prepared which will
include the purposes of the special tax district and
provide safeguards for public funds that will be expended
on behalf of the City by the organization. He stated
that at this point, if Council is so inclined, it could
approve the Special Service District, in concept, and
permit the City Administration to go forth with
negotiations~ and report to Council with respect to the
particulars of the Special Service District at a later
date.
Clarification was requested by some members of
Council as to the intent of the motion; whereupon, the
Mayor suggested that the maker of the motion, as well as
the maker of the second, include in the motion that the
matter will be referred to the City Manager and the City
Attorney to meet with the Williamson Road Area Business
Association for further study of the request prior to
formulating a contract to be approved by Council and to
be entered into between the City and the Williamson Road
Area Business Association.
Mrs. Bowles and Mr. Musser amended their motion to
provide that Council concur in the concept of a Special
Service District for the Wllliamson Road area, and that
the matter be referred to the City Manager and the City
Attorney to work with the Williamson Road Area Business
Association to negotiate a contract to be approved by
Council and to be entered into by the City of Roanoke and
the Williamson Road Area Business Association setting
forth the terms and conditions of the Special Service
District.
The motion, as above amended, was then unanimously
adopted.
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
107
ACTION:
ACTION:
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions and committees appointed by the Council; and
to discuss specific legal matters requiring the provision
of legal advice by counsel; and to discuss personnel
matters relating to appointments to a commission
appointed by Council.
MINUTES: Minutes of the regular meetings of Council
held on Monday, February 3, 1992, Monday, February 10,
1992, Tuesday, February 18, 1992, and Monday,
February 24, 1992, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the reading of the
minutes be dispensed with and that the minutes be
approved as recorded. The motion was seconded by Mr.
White and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White, Bowers and Mayor Taylor-- 6.
NAYS: None 0.
(Council Member Musser was out of the Council Chamber.)
COUNCIL: A communication from Mayor Noel C. Taylor
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
108
ACTION:
Code of Virginia (1950), as amended. The motion was
seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White, Bowers and Mayor Taylor- 6.
NAYS: None
(Council Member Musser was out of the Council Chamber.)
COUNCIL: A communication from Mayor Noel C. Taylor
requesting that Council meet in Executive Session to
discuss specific legal matters requiring the provision of
legal advice by counsel, pursuant to Section 2.1-344
(A)(7), Code of Virginia (1950), as amended, specifically
being the terms and conditions of various agreements and
related legal documents; and to discuss personnel matters
relating to appointments to a commission appointed by
Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended, all in connection with the
Hotel Roanoke Conference Center Commission, was before
the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss specific legal matters requiring the provision of
legal counsel, pursuant to Section 2.1-344 (A)(7), Code
of Virginia, (1950), as amended, specifically being the
terms and conditions of various agreements and related
legal documents; and to discuss personnel matters
relating to appointments to a commission appointed by
Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended, all in connection with the
Hotel Roanoke Conference Center Commission. The motion
was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White, Bowers and Mayor Taylor ....... 6.
NAYS: None
(Council Member Musser was out of the Council Chamber.)
REGISTRAR-ELECTIONS: A communication from Mr.
Alton B. Prillaman, Secretary, Electoral Board,
requesting that Council schedule a public hearing for
Monday, May 11, 1992, at 7:30 p.m., on the permanent
109
ACTION:
ACTION:
relocation of the polling place for the Tinker Precinct,
and the temporary relocation of the polling place for the
Raleigh Court No. 1 Precinct, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Electoral Board that a public hearing be
held on Monday, May 11, 1992, at 7:30 p.m., or as soon
thereafter as the matter may be heard. The motion was
seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White, Bowers and Mayor Taylor ........ 6.
NAYS: None --- 0.
(Council Member Musser was out of the Council Chamber.)
CITY TREASURER-BUDGET: A communication from the
City Treasurer advising that on March 17, 1992, he
requested the State Compensation Board to transfer fund
totalling $43,000.00 from "Unused Salaries" to "Office
Expense" in the Treasurer's fiscal year 1991-92 budget;
whereupon, the Compensation Board concurred in the
request, subject to approval by Council, was before the
body.
The Treasurer asked that Council concur in his
request and that written confirmation be forwarded to the
State Compensation Board, advising that by concurring in
the request, the City will be reimbursed $21,500.00.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the City Treasurer. The motion was seconded
by Mr. White and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White, Bowers and Mayor Taylor ........... 6.
NAYS: None -0.
(Council Member Musser was out of the Council Chamber.)
110
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-HOUSING: The City Manager submitted a
written report advising that the Vacant Lot Homesteading
Program is intended to encourage development of new
housing on vacant land, especially single-family owner-
occupied homes on individual lots, by reimbursing the
builder/developer for certain costs of development; and
allowable costs reimbursable under the Program, up to a
maximum of $4,000.00 in each case, are as follows:
purchase price or value of the lot, up to the
fair market value;
legal fees associated with purchase
resale, as paid by buyer/builder;
and
3. clearing and grading where necessary;
4. building permit fees;
5. water and sewer connection fees; and
other reasonable expenses customarily
associated with such real estate transactions.
It was further advised that conditions which a
builder/developer must meet to receive reimbursement are
as follows:
building and site plans approved by Building
Department as meeting applicable building and
zoning codes and being compatible with
existing neighborhood design;
build or move a residential building onto the
lot within the specified time;
111
sell or lease the building initially to a low-
moderate income party; and
if the builder/developer is a non-profit
corporation, benefits of reimbursement are to
be passed on to the low-moderate income
occupant via reduced sales price or rent.
The City Manager pointed out that the Vacant Lot
Homesteading Program was reactivated on January 13, 1992,
by Council, with appropriation of $20,000.00 of Community
Development Block Grant funds to Account No. 035-089-
8920-5104; and Habitat for Humanity in the Roanoke
Valley, which is a non-profit organization charged with
the responsibility of building houses for low-moderate
income families, has asked to participate in the Program
for houses it will construct during this spring and
summer season.
The City Manager recommended that he be authorized
to execute contracts with Habitat for Humanity in the
Roanoke Valley providing for reimbursement for certain
costs as provided in the Vacant Lot Homesteading Program,
as extended and specified in individual contracts, for
building and selling five houses at the following
approximate addresses: 1461, 1467, and 1473 Miami
Street, S. E., and 201 and 203 Harrison Avenue, N. W.;
and that Council authorize reimbursement to Habitat for
Humanity in the Roanoke Valley for such costs according
to the terms of the contracts.
(F.>r full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
(#30955-041392) A RESOLUTION authorizing the
execution of certain contracts with Habitat for Humanity
in the Roanoke Valley, providing for reimbursement of
certain costs as provided for in the Vacant Lot
Homesteading Program, upon certain terms and conditions.
(For full text of Resolution, see Re~olution Book No. 53,
page 443.)
112
ACTION:
Mr. Harvey moved the adoption of Resolution No.
30955-041392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, and Mayor Taylor--- 6.
NAYS: None- 0.
(Council Member Bowers abstained from voting.)
POLICE DEPARTMENT-MENTAL HEALTH SERVICES-NURSING
HOME-BUDGET-EMERGENCY SERVICES-PERSONNEL DEPARTMENT-CITY
INFORMATION SYSTEMS-EQUIPMENT: The City Manager
submitted a written report advising that Capital
Maintenance and Equipment Replacement needs have been
identified for various City departments; that certain
identified items are needed for the continued efficient
and most effective performance of assigned
responsibilities; that single purchases, which will cost
less than $15,000.00, will be procured through the
competitive bidding process in accordance with the
Procurement Code; and those items that are anticipated to
cost less than $15,000.00 per single item are as follows:
City Information Systems
Disk Drive -
Currently disk is
near capacity. To
provide additxonal
disk space
$13,000.00
Terminal Controller - Allow Additional
terminals to be
connected to mainframe
12t000.00
Total - Internal Service Fund Retained
Earnings $25,000.00
Emergency Services
Defibrillator/Monitor - Replaces out
of date piece of
equipment with up to
date technology.
$ 9,000.00
113
Health Department
Mainframe Connection - To enable
environmental health
personnel to access
City mainframe for
information pertaining
to environmental
complaints.
$ 3,300.00
Nursing Home
Privacy Curtains - Replacement of
old curtains
$ 6,250.00
Biological Refrigerator - Replacement
of 23 year old model
2,000.00
Geri-Chair Recliners - Replacement of
old recliners
1,200.00
Mattresses - Replacement of old
mattresses
960.00
Storage Cabinet - To secure items now
stored in open area
175.00
Pager - Enable department to contact
maintenance employee when
outside the facility
300.00
Cellular Phone - To provide emergency
contact with vehicle while
transporting residents in
lieu of two-way radio
system
600.00
Door Alarm System - Replacement of
old system
5,000.00
Personnel Manaqement
Pulmonary Spirometer - To enable City
Nurse to check lung
capacity of Police and
Fire applicants
4,995.00
114
Police
Handi-Talkie Radios with Chargers - To
provide communication
with school resource
personnel
10,000.00
Pagers and Chargers - To enable
contact with criminal
investigators
3,600.00
Radio and Emergency Lights - for
crime prevention
vehicle
2,600.00
Social Services
Lateral Files - Needed to house client
case records due 'to
increased food stamp
cases
3,660.00
Chairs - Replace old broken chairs
972.00
$5~,612.00
Total - CMERP
The City Manager recommended that Council
appropriate $79,612.00 from the Capital Maintenance and
Equipment Replacement Program and Internal Service Fund
Retained Earnings to various accounts as follows:
$25,000.00 to City Information
Account No. 006-050-1601-9015
Services
$9,000.00 to Emergency Services Account No.
001-050-3521-9015
3. $3,300.00 to Health Department Account No.
001-050-5110-9015
$13,250.00 to City Nursing Home Account No.
001-054-5340-9015
Se
$3,235.00 to City Nursing Home Account No.
001-054-5340-2035
$4,995.00 to Personnel Management Account No.
001-050-1261-9015
$16,200.00 to Police Department Account No.
001-050-3113-9015
115
ACTION:
$4,632.00 to Social Services Account No. 001-
054-5313-9015
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#30956-041392) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Internal
Service Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 444.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30956-041392. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White and Mayor Taylor ................ 5.
NAYS: None 0.
(Council Members Musser and Bowers were out of the
Council Chamber.)
BUDGET-EQUIPMENT-UTILITIES-CITY ENGINEER: The City
Manager submitted a written report with regard to bids
received by the City for construction equipment which is
necessary to efficiently and safely repair water and
sewer services in order to replace certain existing
equipment.
The City Manager recommended that Council accept the
following bids and reject all other bids:
one Gooseneck Trailer from J. W. Burress,
Inc., for a total amount of $21,775.00;
2. one Trench Compactor from Mitchell
Distribution Co., for a total amount of
$19,680.85;
two heavy duty Pavement Breakers from J. W.
Burress, Inc., for a total amount of
$1,250.00;
116
ACTION:
ACTION=
4. one Trailer Mounted Air Compressor from
Sullair Sales, Services and Rentals, for a
total amount of $9,948.00; and
two asphalt cutters from Scott-Gallagher, for
a total amount of $49.60.
It was further recommended that Council appropriate
$52,703.45 from Internal Service Fund Retained Earnings
to Account No. 006-056-2625-9015 for purchase of the
abovedescribed equipment.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#30957-041392) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Internal Service Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 445.)
Mrs. Bowles moved the adoption of Ordinance No.
30957-041392. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor .... 7.
NAYS: None 0.
Mrs. Bowles offered the following Resolution:
(#30958-041392) A RESOLUTION accepting bids for
certain construction equipment and rejecting certain
other bids for such equipment.
(For full text of Resolution, see Resolution Book No. 53,
page 446.)
Mrs. Bowles moved the adoption of Resolution No.
30958-041392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ..... 7.
NAYS: None O.
DIRECTOR OF FINANCE:
BINGO OPERATIONS: The Director of Finance submitted
a written report transmitting the Annual Bingo Activity
Report.
Mr. Schlanger expressed concern that the average
profit percentage for large organizations is ten per
cent; that based upon his analysis, it is reasonable to
estimate that large organizations should be expected to
report bingo game profits of 15 per cent, and only two of
the nine organizations reported profits of over 15 per
cent.
The Director of Finance advised that it is important
to note that only 35 per cent of the profits were
expended for charitable purposes during the period; that
each organization with gross receipts in excess of
$250,000.00 was required to submit an opinion by a
certified public accountant that their financial report
was fairly stated, and with one exception, all
organizations complied; and some organizations showed a
two to 187 per cent increase in gross receipts from 1990
to 1991.
(For full text, see report on file in the City Clerk's
Office.)
Mr. John N. Keyser, bingo operator for the Veterans
of Foreign Wars, requested a copy of the report;
whereupon, the Director of Finance advised that he would
furnish all bingo operators with a copy.
Mr. Keyser commended the City for initiating rules
and regulations to ensure legitimate bingo operations
because operators now know where they stand, as well as
what their profits and their debts will be; however, he
stated it is felt that fees are somewhat exorbitant
inasmuch as operators are charged approximately one and
three-fourths per cent of gross income of money that they
never see, that operators give away three-fourths of what
they take in, and they have certain other expenses as
well. He advised that last year, the Veterans of Foreign
Wars paid the City $13,000.00 in fees.
Mr. John W. Hagan, 3369 Shenandoah Avenue, N. W.,
stated that his concern relates to the landlord of bingo
operations, advising that he would not want to be
legislated out of business inasmuch as bingo operators
are permitted to conduct business for only two days a
week.
ACTION:
Mr. Harvey moved that the report be received and
filed. The motion was seconded by Mr. Fitzpatrick and
unanimously adopted.
CITY CODE-TAXES: The Director of Finance submitted
a written report with regard to recommended changes to
the prepared food and beverage tax ordinance advising
that Section 32-295 of the Code of the City of Roanoke
(1979), as amended, provides for calculation of penalties
on late remittances of the tax on prepared food and
beverages; that the current Code section states that the
penalties are to be calculated based on the sum of both
the tax and the penalty; that, in practice, the penalty
is calculated as a percentage of the tax due and is not
assessed as a percentage of both the tax and the penalty;
and most other penalties provided for by the City Code
are assessed as either a flat fee or as a percentage of
the tax due.
It was further advised that Section 32-296 of the
City Code provides for a Class 3 misdemeanor for persons
violating, failing, refusing or neglecting to comply with
provisions of the Code for the tax on prepared food and
beverages; that a Class 3 misdemeanor provides for a fine
of up to $500.00; and that entities entrusted with
collecting the tax are acting as agents of the City; that
if they do not transmit the funds to the City, the entity
is actually holding or using funds which are not theirs;
and an increase in the fine/penalty will strengthen the
City's efforts with regard to collections.
Mr. Schlanger pointed out that in 1989, the Code of
Virginia was amended to prohibit the imposition of the
prepared food and beverage tax on items sold through
vending machines; and on advice of the City Attorney, the
food and beverage tax has not been applied to vending
machine sales since July 1, 1989, the effective date of
the State prohibition.
The Director of Finance recommended adoption of a
measure amending the City Code in order to effect the
abovedescribed changes to the prepared food and beverage
tax ordinance.
(For full text, see report on file in the City Clerk's
Office.)
119
ACTION:
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30959-041392) AN ORDINANCE amending and
reordaining subsection (f) of §32-283, Definitions,
subsection (a) of §32-295, Penalty for late remittance or
false return, §32-296, Violations of article, and S32-
297, Exemptions, of Article XIV, Tax on Prepared Food and
Beverage, of Chapter 32, Taxation, Code of the City of
Roanoke (1979), as amended, to eliminate vending machines
from the definition of restaurant; to clarify the method
of calculating the penalty for failure to timely file a
report or remit the tax to be paid under this article; to
provide that any person violating this article shall be
guilty of a Class 1 misdemeanor; to provide an exemption
for food sold from a vending machine; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 447.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30959-041392. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor-- 7.
NAYS: None .... 0.
At 9:55 p.m., the Mayor declared the meeting in
recess.
At 10:05 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
REPORTS OF COMMITTEES:
CABLE TELEVISION: Vice-Mayor Howard E. Musser,
Chairman of the Roanoke Valley Regional Cable Television
Committee, presented a written report on behalf of the
Committee, advising that a new cable television franchise
with Cox Cable Roanoke, the City of Roanoke, Roanoke
County and the Town of Vinton, went into effect on May 1,
1991; and the franchise requires Cox Cable to construct
an institutional cable distribution system with 21
injection points which are physical locations where video
could be put onto the cable system live.
120
It was further advised that Roanoke County
originally recommended several injection points for its
school system that are physically located in the City of
Salem, and thus were not included in their franchise
inasmuch as Salem is not served by Cox Cable; that the
result was that Roanoke County schools had fewer school
injection points than City schools, and they were not
located in the most strategic places for use by the
County; that, in addition, the County wanted to change
its insertion at the Cave Spring Rescue Squad to the Cave
Spring Fire Station; that the franchise also requires Cox
Cable to provide the three governments with a $480,000.00
capital grant to be used for equipment necessary for the
operation of a government/educational access studio; that
Roanoke County is maintaining an interest-bearing
custodial account for these funds, of which $200,000.00
has been received to date; that an additional $100,000.00
is due on May 31, 1992, an additional $100,000.00 is due
on May 31, 1993, and the final $80,000.00 is due on May
31, 1994.
Chairman Musser pointed out that the Roanoke Valley
Regional Cable Television Committee met on April 7, 1992,
and voted to recommend that four new injection points be
substituted for those points previously specified in the
franchise agreement; that the only impact on the City
would be that the injection point at Raleigh Court
Library would be eliminated, which is not deemed
necessary by staff inasmuch as there is an injection
point at the Main Library in Downtown Roanoke; and Cox
Cable has confirmed, in writing, its agreement to change
the requested injection points.
It was explained that the Cable Television Committee
voted to authorize expenditure of up to $10,000.00 from
the capital grant to be utilized for the purchase of two
character generators; that this equipment would allow the
three governments and their respective school systems to
begin running messages concerning government related
events and services on Cox Cable Channel 17, which is the
government access channel; that this action would provide
another mechanism for generating information on
government activities to citizens; that the Cable
Television Committee has no authority to expend funds or
make changes in the franchise without approval of all
three governing bodies; and similar recommendations are
being presented to the Vinton Town Council and the
Roanoke County Board of Supervisors.
121
ACTION:
The Chairman recommended that Council authorize the
change in injection points and the purchase of two
character generators with funds from the capital
equipment grant, and authorize the City Manager to take
the necessary actions.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that the following Ordinance be
placed upon its first reading:
(#30960) AN ORDINANCE authorizing an agreement with
Cox Cable Roanoke, Inc., for the substitution of certain
injection points on the institutional cable distribution
system and authorizing the expenditure of up to
$10,000.00 of the capital equipment grant previously
received from Cox Cable Roanoke, Inc.
(For full text of Ordinance, see Ordinance Book No. 53,
page 460.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ...... 7.
NAYS: None 0.
UNFINISHED BUSINESS:
BUDGET-EQUIPMENT-CITY ENGINEER-TRAFFIC-UTILITIES:
The City Manager submitted a written report with regard
to the purchase of trucks and related equipment to be
used for replacement of vehicles in the Public Works,
Grounds Maintenance and Utility Line Services
Departments.
The City Manager recommended that Council accept the
following bids and reject all other bids received by the
City:
one new cab/chassis, 15,000 G.V.W. from
Berglund Chevrolet, Inc., in the amount of
$16,914.36;
one new 10-foot flat stake body to be mounted
on Item #1, from Truck Body Corporation, in
the amount of $1,294.12;
122
one new cab/chassis for one ton dump body from
Magic City Motor Corporation, in the amount of
$11,679.00;
one 10-foot dump body to be mounted on Item
#3, from Roanoke Welding Company, in the
amount of $3,400.00;
nine new 10 ton dump truck cab/chassis from
Magic City Motor Corporation, in the amount of
$295,013.97;
nine new 10 ton dump bodies to be mounted on
Item #5, from Sanco-Divtsion of Hell Company,
in the amount of $46,665.00;
five new mid-size pickup trucks from Dominion
Car Company, in the amount of $52,375.65;
one new seven passenger mini-van from Magic
City Motor Corporation, in the amount of
$14,763.00;
one new 3/4 ton pickup truck from Dominion Car
Company, in the amount of $12,999.99;
10.
two new 3/4 ton pickup truck cab/chassis from
Farrell Ford-Pontiac, il% the amount of
$24,472.00; and
11.
two new utility bodies to be mounted on aboue
3/4 ton cab/chassis from Truck Body
Corporation, in the amount of $4,687.52.
The City Manager further recommended that
$466,091.00 be transferred from the General Fund
Contingency for equipment replacement and that $3,593.85
be appropriated from the Capital Maintenance and
Equipment Replacement Program, as follows:
$39,158.74 to Building Maintenance, Account
No. 001-052-4330-9010;
$264,089.03 to Parks and Grounds, Account No.
001-050-4340-9010;
$151,857.32 to Street Department, Account No.
001-052-4110-9010; and
$14,579.76 to Signals and Alarms Department,
Account No. 001-052-4160-9010.
123
ACTION:
ACTION:
It was further recommended that $14,579.76 be
appropriated from Internal Services Retained Earnings to
Utility Line Services, Account No. 006-056-2625-9010.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#30961-041392) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Internal
Service Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 450.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30961-041392. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor- 6.
NAYS: None- 0.
(Council Member Bowers abstained from voting.)
Mr. Fitzpatrick offered the following Resolution:
(#30962-041392) A RESOLUTION accepting bids made to
the City for furnishing and delivering certain trucks and
related equipment, and rejecting all other bids made to
the City for such equipment.
(For full text of Resolution, see Resolution Book No. 53,
page 452.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30962-041392. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, and Mayor Taylor .... 6.
NAYS: None. 0.
(Council Member Bowers abstained from voting.)
124
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY PROPERTY-ECONOMIC DEVELOPMENT COMMISSION-
PARKING GARAGE: Ordinance No. 30929-041392 authorizing
extension of the lease agreement between the City and
Orvis Roanoke, Inc., for premises located in the Market
Square Parking Garage building, at 19 Campbell Avenue,
for a period of five years, commencing September 1, 1992,
and ending August 31, 1997, at a base monthly rate of
$700.00 for the first year, with an annual adjustment
based upon the Consumer Price Index for years two through
five, and upon such other terms and conditions as are
deemed to be in the City's best interest, as more
particularly set forth in a report of the Water Resources
Committee under date of April 6, 1992, having previously
been before the Council for its first reading on Monday,
April 6, 1992, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final
adoption:
(#30929-041392) AN ORDINANCE authorizing extension
of the lease agreement between the City and Orris
Roanoke, Inc., for the premises located in the Market
Square Parking Garage building, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 440.)
Mrs. Bowles moved the adoption of Ordinance No.
30929-041392. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor- 7.
NAYS: None 0.
A~4ORY/STADIUM-SPECIAL PERMITS: Ordinance No.
30944-041392 authorizing a license agreement with
Donald F. Taylor to permit automobile racing at Victory
Stadium on May 1, 1992, June 12, 1992, July 10, 1992,
July 17, 1992, July 24, 1992, August 7, 1992, August 21,
1992, and September 7, 1992, subject to certain terms and
conditions as set forth in a report of the City Manager
under date of April 6, 1992, having previously been
before the Council for its first reading on Monday,
125
ACTION:
ACTION:
April 6, 1992, read and adopted on its first reading and
laid over, was again before the body, Mr. Bowers offering
the following for its second reading and final adoption:
(#30944-041392) AN ORDINANCE granting a license
agreement for automobile racing at Victory Stadium, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 441.)
Mr. Bowers moved the adoption of Ordinance No.
30944-041392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ..... 7.
NAYS: None ........
EASEMENTS-CHESAPEAKE AND POTOMAC TELEPHONE COMPANY-
CITY PROPERTY: Ordinance No. 30949-041392 authorizing
dedication of a certain 15 foot by 25 foot public utility
easement on the west side of Brambleton Avenue, S. W.,
approximately 154 feet south of Murray Run box culvert,
to C & P Telephone Company, for location of an equipment
cabinet, as more particularly set forth in a report of
the Water Resources Committee under date of April 6,
1992, having previously been before the Council for its
first reading on Monday, April 6, 1992, read and adopted
on its first reading and laid over, was again before the
body, Mr. Bowers offering the following for its second
reading and final adoption:
(#30949-041392) AN ORDINANCE authorizing dedication
of a certain 15' by 25' public utility easement on the
west side of Brambleton Avenue, S. W., to C & P Telephone
Company, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 441.)
Mr. Bowers moved the adoption of Ordinance No.
30949-041392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor- 7.
NAYS: None
126
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE b~YOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS:
COMPLAINTS-POLICE DEPARTMENT: Ms. Mary C. Terry,
3408 Pittsfield Avenue, N. W., Chairperson and member of
Concerned Citizens of Roanoke, advised that she was
speaking on behalf of members of the organization who
reside in and around the Lafayette Boulevard area. She
stated that this occasion marks the third time that the
organization has appeared before Council, and at this
time they would like to address specific issues which are
of great concern to the citizens of Lafayette Boulevard.
She added that Council is familiar with the many problems
that occur in the neighborhood and residents are
requesting immediate action by the City, advising that
they want to know what Council plans to do to make their
neighborhood safe and to correct the image of their
community, and invited the members of Council to visit
the community and talk with residents about their
concerns. She pointed out that residents do not want
studies to be conducted of the area, they do not want the
request to be referred to a committee, and they know that
the Police Department, Council, the Drug Teams and the
Court system are familiar with the problems that plague
the neighborhood, however, they do little to correct the
situation.
Ms. Carolyn Fernell, 1210 Lafayette Boulevard,
N. W., called attention to the need for sidewalk repairs,
cleaning of storm drains and gutters, and planting of new
trees to replace trees that were cut down by the City
last year.
Ms. Mary Simpson, 1433 Lafayette Boulevard, N. W.,
expressed concern over the image that has been portrayed
of the community by the news media. She stated that many
of the problems existing in the Lafayette Boulevard area
occur in other sections of the City as well, and
requested that Council visit the neighborhood, talk with
citizens and find out firsthand about their concerns.
Mr. Lee P. Graves, Jr., 1430 Lafayette Boulevard,
N.W., presented photographs of certain areas of
Lafayette Boulevard He referred to disruptive activities
such as drinking in public, drugs, littering and dogs
running at-large.
127
Mr. Calvin E. Webb, 1421 Lafayette Blvd., N. W.,
called attention to an increase in traffic, with the
majority of vehicles proceeding in the direction of the
Hershberger Road/Valley View Mall area, advising that
vehicles constantly exceed the posted speed limit which
is a hazard for children playing in the area. He added
that at least one stop sign is needed directly on
Lafayette Boulevard in order to slow down speeding
traffic, that the speed limit should be lowered to 25
miles per hour which is the case in other residential
areas of the City, installation of pedestrian signs and
a pedestrian walkway at the intersection of Lafayette
Boulevard and Massachusetts Avenue, and installation of
no &topping, standing or parking signs in the 1100 and
1200 blocks of Lafayette Boulevard.
Ms. Terry summarized the following points of concern
to residents of the area which they request that Council
address immediately:
(1)
crack houses where drugs are sold and used, as
well as deteriorating properties which are
used for drug transactions;
(2) crimes of all types and sizes;
(3)
negative image of the community due to news
media reports;
(4)
people of all ages congregating in the
neighborhood, 85 per cent of whom do not live
in the community;
(5) vehicles exceeding the posted speed limit;
(6) littering;
(7) gunfire;
(8) consuming alcoholic beverages in public;
(9)
installation of no stopping, standing or
parking signs in the 1100 and 1200 blocks of
Lafayette Boulevard;
(10) that the City's C.O.P.E. Team be assigned to
work in the Lafayette Boulevard area;
(11) that police officers not only patrol the area
in squad cars, but engage in an active walking
beat throughout the neighborhood;
128
ACTION:
ACTION:
(12) that radar be set up with more frequency on
Lafayette Boulevard; and
(13) that sidewalk, water and drainage problems be
corrected.
The City Manager advised that some of the concerns
which were raised by Ms. Terry constitute new information
and some of the issues could be handled in a routine
fashion by City workers. He stated that the speakers did
not overstate any of the concerns of the area, and
Council will set a major budget initiative on the issue
when the 1992-93 fiscal year budget is presented on
Monday, April 20. Ne explained that police officers have
made a concerted effort to go into the neighborhood and
visit with citizens in their homes to ensure that
programs presently underway are on target and workable.
He stated that there is no area of the City that is ahead
of the Melrose/Lafayette/Rugby corridor because residents
have legitimate concerns, advising that he would like to
have some time to deal with certain short term issues
that were presented this evening, with the larger issues
requiring more time to resolve.
COUNCIL: Mr. Fitzpatrick moved that Council extend
the 11:00 p.m., automatic adjournment hour for Council
meetings until no later than 12:00 midnight. The motion
was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ......... 7.
NAYS: None 0.
At 10:55 p.m., the Mayor declared the meeting in
recess.
At 11:30 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session just
concluded, Mr. Bowers 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
129
ACTION:
ACTION:
ACTION:
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor .......... 7.
NAYS: None .... 0.
ECONOMIC DEVELOPMENT COMMISSION: The Mayor advised
that there is a vacancy on the Economic Development
Commission, created by the resignation of Mr. Mark D.
Heath, and called for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of
Elizabeth S. Doughty.
There being no further nominations, Ms. Doughty was
elected as a member of the Economic Development
Commission for a term ending June 30, 1994, by the
following vote:
FOR MS. DOUGHTY: Council Members Bowles,
Fitzpatrick, Harvey, Musser, White, Bowers and Mayor
Taylor--- - ..... 7.
Mr. Fitzpatrick moved that the City residency
requirement be waived in this instance. The motion was
seconded by Mr. Bowers and unanimously adopted.
PLANNING: The Mayor advised that there is a vacancy
on the City Planning Commission, created by the
resignation of Mr. Willard N. Claytor, and called for
nominations to fill the vacancy.
Mr. White placed in nomination the name of Carolyn
Hayes-Coles.
There being no further nominations, Ms. Hayes-Coles
was elected as a member of the City Planning Conumission
for a term ending December 31, 1992, by the following
vote:
FOR MS. HAYES-COLES: Council Members Bowles,
Fitzpatrick, Harvey, Musser, White, Bowers and Mayor
Taylor ...... 7.
VIRGINIA TECH-HOTEL ROANOKE CONFERENCE CENTER: The
City Manager submitted a written report advising that the
Virginia General Assembly approved legislation allowing
130
for the formation of the Hotel Roanoke Conference Center
Commission during the 1991 session, which Act gave
authority to the City of Roanoke and Virginia Tech to
form a partnership on the development and operation of a
conference center adjacent to the Hotel Roanoke; that
conference center development is essential to Virginia
Tech's participation inasmuch as it would make Roanoke
the headquarters for their management training and
continuing education programs; that development of the
center is also essential to development of the Hotel
Roanoke, and the Hotel Roanoke going forward is essential
in order to build the conference center.
It was further advised that planning on the Hotel
Roanoke is continuing; that planning and development on
the conference center must be parallel with the Hotel
Roanoke inasmuch as they must open simultaneously; that
the Conference Center Commission is needed at this time
in order to begin moving the center forward, which work
includes decisions on the size and kind of space, design,
booking and operating policies, food and beverage
policies and agreements, legal assistance on agreements,
financial and bond counsel assistance on financing, etc.;
and size of the conference center is now projected to be
80,000 square feet.
The City Manager reviewed eight major components of
the Agreement, and recommended that Council adopt a
measure appointing Commissioners to the Hotel Roanoke
Conference Center Com~ission; that a measure be adopted
creating the Hotel Roanoke Conference Center Commission
and authorizing execution of a contract between the City
of Roanoke, Virginia Polytechnic Institute and State
University and the Commission; and appropriate
$100,000.00 from the debt service fund to an initial
capital account which could be drawn on by the Commission
to Proceed with planning the conference center.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30963-041392) A RESOLUTION creating the Hotel
Roanoke Conference Center Commission and authorizing
execution of a contract between the City of Roanoke,
Virginia Polytechnic Institute and State University and
the Commission.
(For full text of Resolution, see Resolution Book No. 53,
page 454.)
131
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No.
30963-041392. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ....... 7.
NAYS: None---
Mr. Bowers offered the following Resolution
appointing Joel M. Schlanger, for a four year term
commencing April 13, 1992, and expiring April 12, 1996;
W. Robert Herbert, for a three year term commencing April
13, 1992, and expiring April 12, 1995; and James G.
Harvey, II, for a two year term commencing April 13,
1992, and expiring April 12, 1994, as commissioners to
the Hotel Roanoke Conference Center commission:
( #30964-041392 ) A RESOLUTION appointing
commissioners to the Hotel Roanoke conference Center
Commission.
(For full text of Resolution, see Resolution Book No. 53,
page 455. )
Mr. Bowers moved the adoption of Resolution No.
30964-041392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor- - .... 7.
NAYS: None
There being no further business, the Mayor declared the
meeting adjourned at 11:35 p.m.
AppROvED
ATTEST:
City Clerk
132
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
April 20, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, April 20,
1992, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr.,
James G. Harvey, II, Howard E. Musser, William White, Sr., David A.
Bowers, Elizabeth T. Bowles and Mayor Noel C. Taylor- 7.
ABSENT: None---
OFFICERS PRESENT: W. Robert Herbert, City Manager; William X
Parsons, Assistant City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Troy
Webb, Pastor, Glad Tidings Assembly of God Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
PUBLIC HEARINGS
SCHOOLS: Pursuant to Section 9-20.1, Public hearing
before appointment of School Board members, of the Code
of the City of Roanoke (1979), as amended, the Mayor
advised that prior to the public interview of candidates
for the position of School Trustee which is required by
Section 9-21, of the City Code, and prior to April 30,
Council shall hold a public hearing to receive the views
of citizens and no applicant shall be appointed to the
School Board unless such applicant's name has been
considered at a public hearing; and the City Clerk having
advertised a public hearing to be held on Monday,
April 20, 1992, at 7:30 p.m., or as soon thereafter as
the matter may be heard, the matter was before the body.
Advertisement of the public hearing was published in
the Roanoke Times & World-News on Thursday, April 9,
1992.
133
,!
ACTION=
(See publisher's affidavit on file in the City Clerk's
Office.)
The Mayor advised that on Monday, April 13, 1992,
Council selected the following persons to be accorded the
public interview on Tuesday, April 21, 1992, at 6:30
p.m., for the position of School Board Trustee, for terms
of three years, each, commencing July 1, 1992, and ending
June 30, I995:
The Reverend C. Nelson Harris
Thomas L. Orr
Melinda J. Payne
Clubert G. Poff
James W. Stephens
Ruth C. Willson
Inasmuch as numerous persons had expressed a desire to
address the Council, Mr. Harvey moved that each speaker
be given three minutes in which to make his or her
presentation. The motion was seconded by Mr. Musser and
unanimously adopted.
Mr. Jerry O. Campbell, 3745 Dogwood Lane, S. W.,
spoke in support of the application of Ms. Ruth C.
Willson. He stated that he has known Ms. Willson and her
family for four years, during which time he has admired
her involvement in civic and community activities and,
particularly, her commitment to the school system. He
further stated that she has served in various volunteer
capacities, such as a participant on the active parent
volunteer list, the Site and Base Council for Fishburn
Park Elementary School, the Instructional Council, and
PTA Co-President and Treasurer. He added that Ms.
Willson has a general interest in the school system, that
she will not serve as just a spectator, instead she will
see problems and possibilities because she has a vision
for the future of the school system. He advised that she
is opened-minded and will be able to see the total
picture, that she will think and vote independently, that
she will rely on facts and not on rumors, that she will
rely on reason and not on emotion, and she will bring
objectivity to the School Board. He noted that this is
a crucial time in the education system of the nation,
that it is a time for people to step forward, and at
various times in the nation's history and in this
community, certain dedicated people have stepped forward
with courage and conviction to say that they care, that
they want to do something to help people, and that they
want to make a difference, and Ms. Willson is one of
those people. He requested that Council give her the
134
opportunity to serve on the Roanoke City School Board.
Mr. Stephen J. Jones, 12 - 13th Street, S. W., spoke
in support of the application of The Reverend C. Nelson
Harris. He stated that he has known Reverend Harris
through his involvement in civic activities and he has
found him to be a fair and responsible man, as well as a
shining example of the Roanoke City Public School system.
He further stated that Reverend Harris has the capacity
to listen to all sides and viewpoints of an issue and
come to a fair decision, while at the same time,
respecting the opinion of others. He noted that Reverend
Harris exemplifies the role of youth in community affairs
and the need to add that dimension to community
operations. He urged that Council appoint Reverend
Harris to the Roanoke City School Board.
Mr. Ronald W. Pyle, 3206 Yardley Drive, N. W., spoke
in support of the application of Mr. Thomas L. Orr. He
stated that he has known Mr. Orr for 16 years and holds
him in the highest regard. He pointed out that Mr. Orr's
three children are products of the Roanoke City School
system, and he is a person who understands past problems,
current problems and will be able to look at future
problems. He commented that Mr. Orr has the ability to
understand and listen and does not make a decision until
he has had the opportunity to hear all sides of an issue
which is a characteristic to be admired. He added that
Mr. Orr is active with the young people in his church
and, if he is reappointed to the School Board, his
reappointment will be a great opportunity for the City of
Roanoke.
Mr. George W. Sanderson, 144 Monterey Avenue, N. E.,
spoke in support of the application of Ms. Melinda J.
Payne. He stated that he has worked intensely with her
in connection with the Community Task Force on Human
Relations. He further stated that Ms. Payne has a keen
insight into everyday matters, she is calm, she takes all
positions on an issue into consideration; and in the area
of decisionmaking, she is not given to emotions. He
commented that she is dedicated to Roanoke City and to
what it stands for, and wholeheartedly recommended Ms.
Payne for a position on the Roanoke City School Board.
Ms. Nina B. Wilburn, 1623 Bluemont Avenue, S. W.,
spoke in support of the application of The Reverend C.
Nelson Harris. She stated that Reverend Harris
participated in a semester of Clinical Pastoral Education
at Mental Health Services, serving in the children's day
program in which he quickly earned the respect of those
135
with whom he worked. She further stated that the
children loved and emulated him; that he was a good role
model, a good listener, a dependable, firm adult and a
favored play partner, and he had a positive effect on the
lives of children participating in the program. She
further stated that he earned the reputation of being an
extremely bright, impressive minister who was a valuable
contributor to the class, and he was faithful in
providing services in the field. She added that in his
position as Pastor of Ridgewood Baptist Church, Reverend
Harris has served competently and professionally; that he
possesses good people skills and he is highly personable;
that he is a mature and responsible man with excellent
communications skills; that he has the ability to provide
firm, gentle leadership and the insight to be both a team
player and a leader, depending upon what the situation
calls for. She noted that he has the desire to achieve
balance in his life because it is obvious that he devotes
priority time to his job, to continuing education, to his
family, and to his community. She advised that Council
could appoint no better qualified person to the School
Board than Reverend Harris.
Mr. Alan H. Brittle, 3247 Londonderry Lane, S. W.,
spoke in support of the application of Ms. Melinda J.
Payne. He stated that he is Executive Director of
Literacy Volunteers of the Roanoke Valley and in that
capacity, he invited Ms. Payne to serve on the Board of
Directors because of what he knew to be her outstanding
commitment to the community, to education and her
boundless source of energy. He added that she has served
long and well in that capacity and she knows Board policy
and procedures, including how to lead the loyal
opposition. He advised that Ms. Payne is an asset to the
Literacy Board and she would be an asset to the Roanoke
City School Board, if appointed.
Ms. Jamie C. Payne, 3071 Ordway Drive, N. W., spoke
in support in the application of her mother, Ms.
Melinda J. Payne, for appointment to the School Board.
She stated that her mother serves on the Parent-Teacher
Association, Board of Directors at her school, and is
very involved in school activities.
Ms. Klm L. Novak, Route 4, Box 108, Roanoke, spoke
in support of the application of Mr. Clubert G. Poff,
advising that through her business contacts, she became
acquainted with Mr. Poff and his family, and over the
past 18 months, she has grown to love and respect them.
She stated that the condition of a man's family is a
gauge with which to judge a man; that Mr. Poff's children
136
are well balanced, they live by a strong moral and
ethical code, and they are secure and a Joy to be with.
She further stated that Mr. Poff is a strong family
person and believes that he must be involved in the
educational system that will help mold his children and
other children, and his faith in God has helped him to
develop and maintain a strong family environment. She
expressed appreciation for his desire to be involved in
something so important as education, advising that she
supported Mr. Poff's candidacy for appointment to the
School Board wholeheartedly.
Ms. Gwendolyn Hale, 401 Patton Avenue, N. W., spoke
in support of the application of The Reverend C. Nelson
Harris who was one of star pupils when he was in the
first grade. She further stated that Reverend Harris was
an outstanding student who was highly intelligent and
succeeded in high school, college and graduate school.
She added that since the first grade, he has always tried
to help his fellowman, advising that he is a concerned
and thoughtful person, the husband of a teacher, the
father of two children in the school system, and he will
strive for excellence in education.
Mr. John D. Winkle, Route 2, Box 286, Goodview,
Virginia, spoke in support of the application of Mr.
Clubert G. Poff. He advised that Mr. Poff has over 28
years of experience with the Federal Aviation
Administration as a professional engineer and a training
inspector, currently serving as program manager of the
FAA Facility Maintenance Group Field Office. He added
that Mr. Poff managed budgets of over $500 million while
he worked in the Washington, D. C. area, and his
experience in human relations skills have enabled him to
effect certain positive changes within organizations,
both at the airport and in the community. He stated that
Mr. Poff has a commitment to quality education and a
desire to give something back to the community. He
explained that Mr. Poff would like to use his skills and
his background to be an advocate for quality education
for the children of the City of Roanoke.
Mr. Charles W. Hancock, 1016 Estates Road, S. E.,
spoke in support of the application of The Reverend
C. Nelson Harris. He stated that Reverend Harris has
grown into a dedicated man who knows where his life is
headed. He further stated that Reverend Harris
volunteered to work with the Roanoke Neighborhood
Partnership which is a true indication of his interest in
his neighborhood, and his church provides a community-
based after school program for elementary school
3'7
students, consisting of recreation, music, crafts and
homework assistance, in which approximately 80 students
participate. He explained that Reverend Harris is a
volunteer tutor at Woodrow Wilson Middle School; that
when it comes to being interested in Roanoke, and
especially interested in education, he is the best; that
he has the background, the drive and the interest to do
the job, and he highly recommended Reverend Harris for
appointment to the Roanoke City School Board.
Ms. Deana B. Pinion, 1638 Wayne Street, N. E., spoke
in support of the application of Mr. Thomas L. Orr,
advising that she is a senior at William Fleming High
School. She stated that she has known Mr. Orr for four
years; that being a friend of his daughter, who is also
a senior at William Fleming High School, has enabled her
to observe him in many capacities; that she has seen him
as a family man and as a father figure, as a businessman
and as a religious man, and she has also observed him as
a School Board Member. Having observed the different
aspects of Mr. Orr's life, she stated that he would be a
definite candidate for reappointment to the School Board.
There being no other persons who wished to be heard,
the Mayor advised that the interviews of School Board
candidates would take place on Tuesday, April 21, 1992,
at 6:30 p.m., in the City Council Chamber.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss a personnel matter.
138
ACTION:
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
personnel matter, being the assignment, appointment and
performance of specific public officers, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss a personnel matter, being the assignment,
appointment and performance of specific public officers,
pursuant to Section 2.1-344 (A)(1), Code of Virginia,
(1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................ 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HUMAN DEVELOPMENT-HOUSING-LEGISLATION: Mr. David A.
Hayden, operator of Justice House, which houses homeless
persons, appeared before Council in connection with a
march on Washington on Saturday, May 16, 1992, entitled,
"Save Our Cities! Save Our Children!" He stated that over
the years, he has spent considerable time in Washington,
D. C., lobbying for legislative changes, and he has
lobbied Congress for introduction of legislation to place
funds back into the Federal housing budget which have
been deleted since 1981 (the Federal housing budget has
been slashed by in excess of 75 per cent for affordable
housing since 1981). He further stated that he joins
with people across the nation as they continue to work on
a national level to bring into effect policy and
legislative changes which will lessen the suffering of
the growing number of homeless and poor people in
society. He explained that he was recently approached by
acquaintances in Washington, D. C., with a request to
join in their efforts to coordinate a march that will
take place on May 16 in Washington, D. C., which is, in
part, sponsored by the United States Conference of
Mayors, and will be represented by a cross section of
society composed of people who are concerned about the
massive Federal cutbacks that have impacted every city in
139
ACTION:
this country. He commented that Roanoke is a small city
in the south which is a region that is often ignored when
policies are set in Washington, D. C., and it is
important to take the message to the center of power that
homelessness and poverty and the growing request for food
stamps and AFDC, etc., is not something only to be dealt
with in Washington or New York or San Francisco or
Chicago or Atlanta, but rural areas and small cities such
as Roanoke have been impacted as well, and suffering is
growing every day because of massive Federal cutbacks.
He requested that Council authorize the City of Roanoke's
name to be added to a growing list of cities from across
the country to endorse the march on Washington on May 16.
As a member of the Program Committee, Mr. Hayden extended
an invitation to Mayor Taylor to serve as one of the
speakers in order to present the needs of the
southwestern part of Virginia and to point out that a
small city in the south faces the same problems as larger
northern cities.
Following discussion of the request, Mr. Fitzpatrick
moved that the matter be referred to the City Attorney
for preparation of the proper measure endorsing the march
on Washington on Saturday, May 16, 1992. The motion was
seconded by Mrs. Bowles and unanimously adopted.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET: The City Manager submitted a report with
regard to presentation of the proposed fiscal year 1992-
93 budget for the City of Roanoke.
(For full text, see Proposed Fiscal Year 1992-93 Resource
Allocation Plan on file in the City Clerk's Office.)
The Director of Finance presented a statement with
regard to fiscal year 1992-93 revenue, advising that
cities are a critical part of America's social, economic
and cultural life; that the local economy shapes the
capacity of a city's resources and many of the demands
placed on the budget; and Federal and State mandates
continue to place demands on the City's budget because of
the lack of financial support provided by the State and
Federal governments to support such mandates and the
soaring costs of increased standards. He pointed out
140
that City Councils across this nation are forced to make
priority decisions on services that affect the electorate
and they must continually make tough decisions between
competing objectives to ease the strain of taxation for
some and to more effectively serve the citizens to whom
they are responsible.
Mr. Schlan§er pointed out that the recession that
hit parts of the country fortunately breezed by Roanoke
without major change, but caution must remain because
recovery begins with consumers and consumers at this
point are not capable of maintaining the first quarter of
1992 spending pace since it is far above the growth of
incomes and weak job markets, slow income growth and
resultant restraints on spending will continue to cause
concern.
The Director of Finance advised that while local
sales taxes finally broke out of a five consecutive month
decline in early fall, with three strong monthly gains
reflecting fall and holiday season sales, it has promptly
adjusted itself with a 19 per cent decline this month,
reflecting January sales and resultant 5.1 per cent
cumulative loss for nine months into this fiscal year.
He stated that for fiscal year 1993, he is pleased to see
a General Fund budget which is estimated to increase,
plus 4.4 per cent, compared to last year's .04 per cent
growth, however, the decrease is in categories that do
not provide a great deal of flexibility. He added that
State revenues, which comprise 36 per cent of the General
Fund budget, are estimated to increase seven per cent
($3.8 million), of which $2.5 million is for education
and the remaining $1.3 million is mostly in categories of
social services and shared expenses, while areas such as
street maintenance and law enforcement remain flat. He
explained that local tax revenues are estimated to
increase approximately $3.9 million, with the bulk of the
increase coming in real estate and personal property
taxes; and new construction and a major change in the
emphasis on collecting delinquent taxes, along with the
rewards of proration of personal property taxes, provide
for these much needed increases because all local taxes
are estimated to remain flat.
The City Manager presented a briefing on the
proposed fiscal year 1992-93 budget, advising that when
the budget process was commenced, four priorities were
identified; viz:
(1) to maintain services to the citizens
of Roanoke;
(2) to provide a pay raise for City
employees who have not been given a
pay raise over the previous 18 to 24
months;
(3) to fully fund all day kindergarten
in the School budget; and
(4) to provide additional funds for
equipment replacement.
Mr. Herbert advised that he was pleased to report
that all four goals were met in the proposed fiscal year
1992-93 budget, and, with adoption of the recommended
supplemental budgets, as well as specific items in the
General Fund budget, services for citizens will ])e
tailored to met current needs. He further advised that
this was accomplished by reducing expenditures in certain
City departments by $1.6 million which includes
elimination of 33 full-time equivalent positions; and as
a result of the Volunteer Retirement Incentive Program
and a modified employee hiring process, the amounts spent
on salaries and associated benefits was reduced, with a
combined savings from elimination of the 33 full-time
equivalent positions and reductions in the salary base
equal to approximately $1 million.
Mr. Herbert noted that the State restored much of
its previous cuts in education which, along with matching
funds in areas such as social services, brought nearly
$3.8 million tn new State revenue; and at the local
level, the economy has begun a modest upward trend
inasmuch as local tax revenue will increase by $3.9
million. He advised that this year's budget increase of
4.4 per cent is much improved over last year's 4/100's
per cent, yet, the City is still 1.8 per cent or $2.7
million short of its average increase of 6.2 per cent;
and the bottom line is an additional $6.69 million for
the 1992-93 budget, with $3.5 million going to the
schools and $3.19 million going to all other local
government expenditures.
The City Manager recommended that funds be used in
142
the following key areas:
(1) $2.8 million for employee pay raise;
(2)
funding in social service aid will
be increased by $1.1 million which
will result in a local share
increase of $156,000.00;
(3)
as a part of a multi-year initiative
to increase budgeted equipment
replacement funding, it is
recommended that an additional
$400,000.00 be added to the
$600,000.00 already budgeted for
equipment replacement;
(4)
Council, in the current year,
approved the addition of ten deputy
sheriffs and one paramedic in the
jail, as well as six employees in
social services, advising that those
positions are included in the
proposed budget; that in addition,
three full-time equivalent positions
are being reallocated, including two
9-1-1 dispatchers to handle the
rising number of calls for service
and a secretary in the Criminal
Investigation Division of the Police
Department; and two full-time
temporary secretarial positions have
been converted to full-time
permanent positions in Personnel
Management and Risk Management in
order to minimize turnover and
retraining of new employees;
(5)
in response to a strong call from
citizens to increase the City's
efforts to locate citizens who do
not pay their taxes, an unfunded
position will be reclassified to Tax
Compliance Auditor to address
business, professional and
occupational licenses, and business
and personal property taxes, with
$50,000.00 included in the budget to
fund expenses necessary to enhance
the delinquent tax collection
process;
143
(6)
in the area of Contributions and
subsidies, several important
programs which have previously been
funded from the Contingency Reserve
account will now become a part of
the regular budget; viz: $40,000.00
for TAP's Transitional Living
Center, $30,000.00 for the
Commonwealth Games, and $22,000.00
for partial funding of a School
Health Nurse Supervisor (the
Contingency Reserve account has been
reduced accordingly and the City is
meeting increased utility and food
costs, as well as addressing new
Federal and State mandates, on
employee health issues);
(7)
lower debt service costs will be
realized and the savings will be
used for critical needs such as
start-up costs for the Hotel Roanoke
Conference Center and priority
bridge maintenance in order to
protect the funding level for debt
service which is scheduled to
increase in 1993-94; and
(8)
an Enterprise Fund will be created
for the City Nursing Home to better
accommodate accounting requirements
of the Commonwealth of Virginia.
The City Manager advised that $627,527.00 is
included in the Supplemental Budget, which amounts to a
$300,000.00 increase in City funding for the Roanoke
Valley Convention and Visitor's Bureau, thereby placing
the City's total support for the Convention and Visitor's
Bureau at $510,000.00, with funding for said increase to
come from a one cent increase per pack in the cigarette
tax and a one per cent increase in the transient lodging
tax, thereby raising the tax to five per cent. He
pointed out that the other Supplemental Budget
recommendation pertains to creation of a second
Community-Oriented Policing Team (C.O.P.E.) which will be
funded by a three per cent increase in the cigarette tax,
and assuming that Council intends to support this
recommendation, he urged that he be provided with an
144
ACTION:
indication of Council's support in order that the second
C.O.P.E. Team may be operational in shortest period of
time possible.
(See statements of the Director of Finance and City
Manager on file in the City Clerk's Office.)
Mr. Musser moved that Council go on record approving
the creation of a second Community-Oriented Policing
Team, at a cost of $327,527.00, for fiscal year 1992-93.
The motion was seconded by Mr. Harvey and unanimously
adopted.
The Mayor advised that all remarks pertaining to the
budget would be referred to 1992-93 budget study which
would commence on Wednesday, May 6, 1992, at 9:00 a.m.
At 4:00 p.m., the Mayor declared the meeting in
recess.
At 4:20 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-PLANNING: The City Manager submitted
a written report requesting that Council schedule a
public hearing on the proposed 1992-93 Community
Development Block Grant Program, advising that the City
of Roanoke receives an annual entitlement from the U. S.
Department of Housing and Urban Development (HUD) in the
form of a Community Development Block Grant; that HUD
representatives informed City staff that Roanoke's
Community Development Block Grant entitlement will be
$1,899,000.00 for the City's fiscal year 1992-93, or an
increase of $132,000.00 over fiscal year 1992 funding;
and revenue is estimated to be available from the
following sources for fiscal year 1993:
$538,000.00 estimated program income generated
from prior Community Development Block Grant
programs; and
2. $117,556.00 transferred from prior grant
entitlement years.
It was further advised that two public meetings were
held to hear recommendations of citizens, on January 16,
1992, and April 14, 1992; that Council will be briefed at
its regular meeting on May 4, 1992, on recommended
145
ACTION:
activities for the fiscal year 1992-93 Community
Development Block Grant program; that citizen
participation requirements call for an evening public
hearing by Council prior to submission of the CDBG
Statement of Objectives to HUD; and the City is required
by HUD to publish a Draft Statement of Objectives in a
local newspaper, and a summary version will appear in the
Neighbors section of the Roanoke Times & World-News on
Thursday, April 30, 1992.
The City Manager recommended that Council schedule
a Community Development Block Grant public hearing on
Monday, May 11, 1992, at 7:30 p.m., or as soon thereafter
as the matter may be heard, in the Council Chamber.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
recommendation of the City Manager that a public hearing
be held on Monday, May 11, 1992, at 7:30 p.m., or as soon
thereafter as the matter may be heard. The motion was
seconded by Mr. Harvey and unanimously adopted.
GRANTS-HOUSING-PURCHASE/SALE OF PROPERTY: The City
Manager submitted a written report with regard to
Community Development Block Grant loans under the Home
Purchase Assistance Program, advising that $220,000.00
from the Virginia Housing Partnership Fund's Local
Housing Rehabilitation Loan Program, and $240,000.00 in
Community Development Block Grant funds were allocated to
the Home Purchase Assistance Program by Council at its
regular meeting on Monday, June 26, 1989, thereby
allowing the City to provide loans to low-moderate income
households agreeing to buy and repair certain identified
substandard houses; and the Program is administered
jointly by the City and the Roanoke Redevelopment and
Housing Authority.
It was advised that the Home Purchase Assistance
Program Selection Committee, which is composed of both
Roanoke Redevelopment and Housing Authority and City
staff, recommends approval of a Community Development
Block Grant loan for purchase and rehabilitation of
property located at 523 Highland Avenue, S. E., Official
Tax No. 4021706, to Ronald Bowles, which loan amount
shall not exceed $20,000.00 under the Home Purchase
Assistance Program.
146
ACTION:
The City Manager recommended approval of a Community
Development Block Grant loan under the Home Purchase
Assistance Program to Ronald Bowles for purchase and
rehabilitation of property located at 523 Highland
Avenue, S. E.; and that the City Manager be authorized to
execute the necessary documents to implement and
administer said loan, including a Construction
Disbursement Agreement.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
(#30965-042092) AN ORDINANCE approving the loan of
Community Development Block Grant (CDBG) funds to an
individual in connection with the City's Home Purchase
Assistance Program, authorizing the City Manager to
execute documents approved as to form by the City
Attorney necessary to implement and administer the loans,
including a Construction Disbursement Agreement,
authorizing the City Attorney and Director of Finance to
serve as trustees with regard to the related deed of
trust securing the notes for the loan, authorizing the
City Manager to execute a certificate of satisfaction
upon full payment and satisfaction of the loans, and
authorizing recordation by the City Attorney of the
certificate of satisfaction in the Office of the Clerk of
the Circuit Court for the City of Roanoke; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 461.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30965-042092. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor- --7.
NAYS: None -0.
REPORTS OF COMMITTEES:
147
ACTION:
ACTION:
AUDIT COMMITTEE: Council Member David A. Bowers,
Chairperson of the Audit Committee, presented minutes of
the Audit Committee meeting which was held on Monday,
April 6, 1992.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. Bowers moved that the minutes be received and
filed. The motion was seconded by Mr. Fitzpatrick and
unanimously adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 30953-042092
permanently vacating, discontinuing and closing a portion
of Barnett Road, beginning at Youngwood Drive, N. W.,
between 5102 and 5098 Youngwood Drive, N. W., described
as Official Tax Nos. 6131907 and 6132001, having
previously been before the Council for its first reading
on Monday, April 13, 1992, read and adopted on its first
reading and laid over, was again before the body, Mrs.
Bowles offering the following for its second reading and
final adoption:
(#30953-042092) AN ORDINANCE permanently vacating,
discontinuing and closing certain public right-of-way in
the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 456.)
Mrs. Bowles moved the adoption of Ordinance No.
30953-042092. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor-- 7.
NAYS: None- 0.
ZONING: Ordinance No. 30954-042092 rezoning a tract
of land located at 1014 Norfolk Avenue, S. W., described
as Lots 1 - 5, inclusive, Section 18, Map of Webb
Addition, and Lots 1 and 2, Section 17, Map of Webb
Addition, Official Tax Nos. 1110801 - 1110804, inclusive,
and 1110810, from ~4, Light Manufacturing District, to
148
ACTION:
RM-2, Residential Multi-Family, Medium Density District,
having previously been before the Council for its first
reading on Monday, April 13, 1992, read and adopted on
its first reading and laid over, was again before the
body, Mr. Harvey offering the following for its second
reading and final adoption:
(#30954-042092) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 458.)
Mr. Harvey moved the adoption of Ordinance No.
30954-042092. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor .... 7.
NAYS: None --0.
RADIO/TELEVISION (CABLE TELEVISION): Ordinance No.
30960-042092 authorizing an agreement with Cox Cable
Roanoke, Inc., for substitution of certain injection
points on the institutional cable distribution system and
authorizing expenditure of up to $10,000.00 of the
capital equipment grant previously received from Cox
Cable Roanoke, Inc., having previously been before the
Council for its first reading on Monday, April 13, 1992,
read and adopted on its first reading and laid over, was
again before the body, Mr. Musser offering the following
for its second reading and final adoption:
(#30960-042092) AN ORDINANCE authorizing an
agreement with Cox Cable Roanoke, Inc., for the
substitution of certain injection points on the
institutional cable distribution system and authorizing
the expenditure of up to $10,000.00 of the capital
equipment grant previously received from Cox Cable
Roanoke, Inc.
(For full text of Ordinance, see Ordinance Book No. 53,
page 460.)
149
ACTION:
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No.
30960-042092. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................ 7.
NAYS: None .........................
BUDGET-VIRGINIA TECH/HOTEL ROANOKE CONFERENCE
CENTER: Mr. Fitzpatrick offered the following emergency
ordinance appropriating $100,000.00 to be used in
connection with the Hotel Roanoke Conference Center
Project:
(~30966-042092) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 463.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30966-042092. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................ 7.
NAYS: None- -- 0.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 4:25 p.m., the Mayor declared the meeting in
recess.
At 5:00 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session just
concluded, Mr. Bowers 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
150
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ..... 7.
NAYS: None ....... 0.
There being no further business, the Mayor declared the
meeting adjourned at 5:02 p.m.
APPROVED
City Clerk
151
COUNCIL
.... PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS
April 21, 1992
6:30 p.m.
The Council of the City of Roanoke held public interviews with
six candidates for the position of School Board Trustee on Tuesday,
April 21, 1992, at 6:30 p.m., in the City Council Chamber, fourth
floor of the Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Howard E.
Musser (arrived at 7:45 p.m.), William White, Sr., and Mayor Noel
C. Taylor ........... 7.
ABSENT: None 0.
OFFICERS PRESENT: Mary F. Parker, City Clerk.
SCHOOL BOARD APPLICANTS PRESENT: The Reverend C. Nelson
Harris, Mr. Thomas L. Orr, Ms. Melinda J. Payne, Mr. Clubert G.
Poff, Mr. James W. Stephens and Ms. Ruth C. Willson.
The meeting was opened with prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
SCHOOLS: The Mayor advised that on June 30, 1992, the terms
of Ms. Sallye T. Coleman and Mr. Thomas L. Orr as Trustees of the
Roanoke City School Board will expire. He further advised that the
purpose of the meeting is to interview six candidates for the
upcoming vacancies.
The Mayor called attention to the following actions which were
taken by Council, pursuant to provisions of Chapter 9, Education,
Code of the City of Roanoke, 1979, as amended:
At regular meetings of the City Council held on January
27 and February 3, 1992, Council announced its intention
to elect Trustees of the Roanoke City School Board for
terms commencing July 1, 1992.
Advertisements were placed in the Roanoke Times and
World-News inviting applications for the upcoming
vacancies. Twelve applications were received in the City
Clerk's Office prior to the 5:00 p.m., deadline on
152
Tuesday, March 10, 1992. By communication under date of
March 30, 1992, Mr. John R. Light withdrew his name from
consideration.
On March 16,
reception with
public.
1992, at 12:30 p.m., Council held a
the candidates which was open to the
On March 23, 1992, at 2:00 p.m., Council, as a Committee
of the Whole, reviewed and considered all applications.
At the regular meeting of City Council on Monday, April
13, 1992, at 7:30 p.m., Council voted to interview six
persons. The selection process provides, in part, that
the number of candidates to be granted the interview will
not exceed three times the number of positions available
on the Roanoke City School Board, should there be so many
candidates.
Those candidates who were to be accorded the public
interview were notified by the City Clerk on April 16,
1992.
A notice was published in the Roanoke Times and World-
News on Thursday, April 9, 1992, inviting attendance at
a public hearing on Monday, April 20, 1992, at 2:00 p.m.,
to receive the views of citizens regarding appointment of
School Board Trustees, and to submit proposed questions
to the candidates by filing such written questions in the
City Clerk's Office by 5:00 p.m., on Tuesday, April 14,
1992, however, no questions were submitted.
The Mayor stated that the selection process provides that
Council will publicly interview each candidate separately and out
of the presence and hearing of the other candidates, advising that
Section 9-21, Public Interview of Candidates, of the Code of the
City of Roanoke (1979), as amended, provides, in part, that
interviews of the candidates shall take place in an order deemed
appropriate by City Council; whereupon, the Mayor explained that
the City Clerk had scheduled the interviews in the following order:
6:30 p.m. - The Reverend C. Nelson Harris
7:00 p.m. - Mr. Thomas L. Orr
7:30 p.m. - Ms. Ruth C. Willson
153
8:15 p.m. - Ms. Melinda J. Payne
8:45 p.m. - Mr. James W. Stephens
9:15 p.m. - Mr. Clubert G. Poff
Mayor Taylor pointed out that each candidate would be given
the opportunity to make an opening statement of not more than five
minutes, and thereafter, Council would ask such questions, as
Council, in its discretion, deems advisable. He explained that the
Council would hold six interviews and each interview would consist
of approximately 30 minutes, adding that after each interview was
completed, the candidate could leave the Council Chamber inasmuch
as no action would be taken by the Council.
In conclusion, the Mayor advised that on Monday, May 11, 1992,
at 7:30 p.m., or as soon thereafter as the matter may be
considered, the Council would hold an election to fill the two
upcoming vacancies on the Roanoke City School Board.
The first person to be interviewed was The Reverend C. Nelson
Harris.
Reverend Harris advised that the City of Roanoke has charged
the School Board with the mission of providing the highest quality
of education possible in order to develop the full potential of all
students. He stated that such a goal is most lofty, but the City's
aim can be no less, advising that he has a sincere desire to see
the City achieve its mission of educational excellence. He
commented that in order to succeed, the School Board must
articulate and demonstrate that education is a community
responsibility; and the education of the City's children requires
cooperation between students, parents, teachers, the School
Administration, the School Board, City Council, the business sector
and the community at-large. He advised that as the parent of two
sons, as the spouse of a public school teacher, as a graduate of
the City school system, as a volunteer in the schools, and as one
who is heavily involved in the civic life of the City, he
understands the need for cooperative efforts to be strong and
healthy. He stated that the School Board must demonstrate to all
students that their talents, abilities, and interests are
important, and whether a student is in pursuit of a college degree
or a skill in a vocational trade, the school system's attitude must
be that each is equally esteemed. He added that Roanoke City and
the Roanoke City public schools enjoy many strengths; viz: a
diverse student population, strong neighborhoods that support
neighborhood schools, teachers who daily demonstrate their
commitment to the children and heavy community involvement in the
schools from Parent-Teacher Associations to civic leagues to
business partnerships. He stated that the school system, with all
of its strengths, still face many challenges; that it is necessary
154
to be creative and resourceful in these times when fiscal belts are
being tightened; and programs must continue to be developed and
maintained which are designed to meet the needs of those students
in the educational middle, as well as to emphasize the needs of
students requiring remediation. He advised that the School Board
should seek to provide competitive salaries for teachers and
classified employees, and the Board must remain responsive to the
needs of those involved in educational training, alternative
education, gifted programs, and classes for the learning disabled.
He stated that the Code of Virginia makes the responsibility of the
School Board very clear; that the School Board must set policy and
provide general direction; and the School Superintendent and other
administrators must be responsible for overseeing the daily
operation of the school system. He further stated that by
possessing authority and accountability as public trustees of the
schools, Board members must be creative, visionary and articulate
in communicating and establishing educational priorities; they must
be accessible, open-minded and willing to listen to students,
parents, teachers, and administrators and others who are interested
in the educational process; they must be an available presence in
the schools in order to be informed about the needs of the
children; and they must be independent in order to maintain
integrity because "hip pockets" are no place for Board members to
exist. He pointed out that a safe environment must be established
for students which is conducive to the learning process. He stated
that Plato once wrote, "The direction in which education starts a
man will determine his future life." He advised that he agrees
with Plato's statement and firmly believes that when this City
gives a child a good education, it gives to that child a future,
and the City can do no better.
Mr. Bowers asked the following question:
QUESTION: Please assess the situation of drugs and weapons in
the schools. Do you believe it is a serious problem? How should
the School Board, Superintendent, and Administration address the
issue, and what is the role of the School Board in that particular
area of decision making?
ANSWER: Reverend Harris responded that Roanoke City is not
the only school system that is experiencing the problem and called
attention to a recent article which appeared in Newsweek
highlighting the fact that drugs and weapons represent a national
problem on school campuses. He stated that his assessment is, if
there is one weapon or one illicit drug on campus, a problem
exists. He further stated that the Superintendent should insure
that there are disciplinary procedures in place to handle such
matters swiftly, if necessary, while at the same time dealing with
juveniles confidentially, but in a way that insures the safety,
health and well-being of other students, faculty and staff. He
added that in his capacity as a School Board member, he would want
155
to insure that all disciplinary procedures and policies are
sufficiently strong to address the problems and that they are
properly utilized.
Mrs. Bowles asked the following questions:
QUESTION: Some teachers feel that the evaluation system has
deteriorated in that originally the intent of the evaluation system
was to be positive and to pass on constructive ideas to teachers.
At the present time, some teachers are of the opinion that
evaluators are trying to find fault with the teacher. As a School
Board member, how would you address the evaluation system?
ANSWER: Reverend Harris responded that without being a
School Board member and not being familiar with the details of the
evaluation system, it would be difficult to answer the question;
however, he stated that it is important in evaluating teachers to
make sure that any criticism is constructive because with the
diversity in the classroom and the challenges of the Roanoke City
School system that teachers face day to day, they should be
encouraged in their profession. He advised that if teachers see
the evaluation process as a problem, he would be willing to hear
their concerns, review the evaluation process and if the process is
determined to be destructive rather than constructive, or reactive
rather than proactive, he would be more than willing to entertain
that the teacher evaluation process be changed.
Mr. Fitzpatrick asked the following questions:
QUESTION: Do you see a need for major changes in the
curriculum: and, if so, how would you go about making those
changes?
ANSWER: Reverend Harris responded that the key is to insure
that there are available avenues in which the curriculum may be
kept up to date so that when graduates approach an employer in this
City, they will have the necessary skills to be good, employable
employees. He stated that he would like to make sure that the
curriculum can be changed without having to wait five or six years
to do so and that the school system be creative, flexible and
ingenious with regard to courses and programs which are offered to
students. He commended the system for doing a good job and
remaining up to date in terms of preparing students through
utilization of the latest technical equipment in the vast and ever
expanding job market.
Mr. Harvey asked the followinq questions:
QUESTION: What do you see as the major shortcoming of the
Roanoke City school system, and, if you are appointed as a member
of the School Board, what would you do to address the problem?
156
ANSWER: Reverend Harris responded that the number one
shortcoming currently is the fact that the needs of many students
who require remedial teaching and training are not being met,
advising that these are the average students who are not in
learning disabled classes or in the gifted program. He stated that
these are "middle of the road" students who are often good in math
or science or English, but there may be one subject in which they
are struggling, and those students need time and attention in
remedial training. He pointed out that many times, this extra
attention is not provided for the average student, advising that
remedial teaching tends to be more expensive because the student
obviously needs more one on one attention than can be given in a
classroom consisting of 20 to 25 students.
QUESTION: If you are appointed to the School Board, there is
a possibility that a new School Superintendent would be appointed
during your tenure. If so, what criteria would you use in hiring
a new Superintendent for the Roanoke City Public Schools?
ANSWER: Reverend Harris responded that he would want a new
Superintendent to bring a healing effect, to possess strong
interpersonal skills, someone who will be creative and innovative
in dealing with the educational process and programs, someone who
is open and willing to listen to teachers, parents and students
about their ideas as to what should take place in the classroom,
and he would want to know the philosophy of that person regarding
the role of the School Board, as well as their general philosophy
of education and their priorities.
Mr. White asked the following questions:
QUESTION: In your opening statement, you said that "hip
pockets" are no place for School Board members to exist. Please
elaborate on that statement.
ANSWER: Reverend Harris responded that it is important for
School Board members to seek to be independently informed and not
to serve on the Board as a representative of any special interest
group, advising that if Board members have a special interest, it
should be the children and beyond that, everyone else should be on
an equal footing in claiming the time and attention of Board
members. He stated that it is important for School Board members
to be persons who are willing to be independently informed, and, on
occasion, if they feel strongly enough about an issue, to be a
majority of one.
QUESTION: How would you approach your position on the School
Board in such a way that you would not be in the "hip pocket" of
any individual or organization?
157
ANSWER: Reverend Harris advised that he would respond in
such a way that if a teacher or the Superintendent or a Parent-
Teacher Association had a problem, he would be willing to weigh the
problem or proposal, pro and con, look at the merits, and vote his
conscience accordingly.
QUESTION: What do you view as the major strength of the
Roanoke City Public Schools?
ANSWER: Reverend Harris responded that Roanoke City has a
quality teaching staff, advising that he has been impressed with
teachers and pleased with the quality of education he received as
a product of the Roanoke City School system. Secondly, he stated
that Roanoke City Schools offer a wide variety of programs for a
wide variety of students.
QUESTION: The statement has been made that programs are not
applied based on a student's interest or abilities. What do you
see as a way to structure programs so that all students will have
an equal opportunity to become involved?
ANSWER: Reverend Harris responded that if that statement is
indeed the case, the School Board should talk with those
individuals who make the decisions and reinforce a level of
accountability and if students are being overlooked or
discriminated against or ignored in some way, the School Board
should question those decisions and hold those persons who make the
decisions accountable.
The Mayor asked the followinq questions:
QUESTION: If you are elected to the position of School Trustee
and have the opportunity during your first year of service to
change anything in the school system, what would you change?
ANSWER: Reverend Harris responded that he would be desirous
of strengthening the remedial education program.
QUESTION: Do you have any special talents, skills or expertise
that Council should consider prior to making a decision on the two
upcoming vacancies on the Roanoke City School Board?
ANSWER: Reverend Harris responded that he is a product of
the Roanoke City Public School system; that he hopes his
application for appointment to the School Board demonstrates that
he has a sincere interest in the well being and education of
Roanoke's children; that he has given of himself and his time
voluntarily in many instances to the children in the school system;
158
that he is the parent of children in the system and the spouse of
a school teacher; and he is actively involved in the community. He
stated that his background makes him a well rounded person and
allows him to have a broad perspective.
Mrs. Bowles asked the following question:
QUESTION: What is your position with regard to an extended
school day, a seventh period or a twelve month school year?
ANSWER: Reverend Harris responded that a seven period school
day could be beneficial, particularly if it provides an extra
period for those students who need remediation. He stated that he
was unsure about a twelve month school year unless the City is
willing to pay teachers substantially more in wages, and added that
the better idea would be to initiate a seven period school day,
with the seventh period to be used for remedial purposes.
Mr. Fitzpatrick asked the following question:
QUESTION: If you are appointed to the School Board, how will
your appointment affect the activities you have been involved with
in the past?
ANSWER: Reverend Harris responded that his service on the
Task Force to Study Alternative Election Procedures for City
Council has taken a considerable amount of time, however, the Task
Force is on schedule in terms of meeting its deadline for report to
Council in early July which would free up at least three hours per
week. He stated that if appointed, there are other
responsibilities he will have to evaluate and prioritize in order
to budget his time so that he will be in a position to effectively
serve his church and the School Board if he is successful in his
bid for appointment.
The second person to be interviewed was Mr. Thomas L. Orr.
Mr. Orr advised that it was three short years ago that he
stood before Council for his first bid for a position on the
Roanoke City School Board. He called attention to his statement at
that time that one of his top priorities was establishment of a
full day kindergarten program for all Roanoke City elementary
schools, advising that he was pleased to say that in January, the
School Board implemented full-day kindergarten in all Roanoke City
elementary schools. He added that another priority was teacher
salaries and he continues to be of the opinion that teachers need
to be adequately compensated for the job they do, as well as
placing the City in the posture of attracting the very best
teachers to the area. He stated that he continues to be of the
belief that the school system cannot afford to have even one
student drop out of school. He advised that he recently attended
159
a seminar in vocational education training in which the statement
was made that by the turn of the century, 50 per cent of all high
school graduates will need some kind of business or technical
training in order to enter the job market directly from high school
and only 35 per cent will go on to college, noting that there are
programs in place to take care of these students, however, his fear
rests with the other 15 per cent. Therefore, he stated that
alternative education programs need to be expanded in order to help
these students stay in school so that they will be in a position to
compete for jobs and become productive, viable citizens. He stated
that he would like to continue his service on the School Board in
order to have the opportunity to help these students and all other
students in the Roanoke City Public School System.
Mrs. Bowles asked the following questions:
QUESTION: What is your position with regard to an extended
school day, a seventh period, or a twelve month school year?
ANSWER: Mr. Orr responded that the seventh period class is
needed so that students will have the opportunity to elect a
seventh period if they so desire, however, funding is the problem.
QUESTION: Some teachers feel that the evaluation system has
deteriorated in that originally the intent of the evaluation system
was to be positive and to pass on constructive ideas to teachers.
At the present time, some teachers are of the opinion that
evaluators are trying to find fault with the teacher. As a School
Board member, how would you address the evaluation system?
ANSWER: Mr. Orr responded that there are pros and cons to
all evaluation procedures; however, teachers should look at the
process from the standpoint of putting forth their best efforts.
He stated that it is necessary to look for the positive in everyone
because no one is perfect.
Mr. Fitzpatrick asked the followinq questions:
QUESTION: During your tenure, what has the School Board done
to provide an adequate education for the average student?
ANSWER: Mr. Orr responded that the City school system is
blamed for placing too much emphasis on the gifted student,
advising that he believes all students are gifted in some capacity.
He stated that the school system provides the basics for all
students as well as classes for the learning disabled, and he felt
confident in stating that the needs of all students are being met.
QUESTION: Do you have a specific recommendation with regard to
teacher salaries and how would you implement your recom~endation?
160
ANSWER: Mr. Orr responded that more emphasis needs to be
placed on teacher salaries, advising that the system has scaled
back on some of the programs in the last few years and teachers
have been shortchanged as well. He stated that he wished he had a
good answer for bringing teachers up to where they should be
compensation-wise; and the School Board must continue to look at
what can be deleted from the budget in order to bring the salaries
of teachers up to an acceptable level.
Mr. Harvey asked the followinq questions:
QUESTION: Other than teacher salaries, what shortcomings do
you see in the school system and how would you correct those
shortcomings? What are some of the best programs that have been
initiated in the school system?
ANSWER: Mr. Orr spoke in favor of increasing the alternative
education program in order to reach those students who are looking
for the easy way out. He stated that the ~agnet School Program is
doing extremely well and students and teachers alike are excited
about the Program.
QUESTION: If you are reappointed to the School Board, there is
a possibility that a new School Superintendent could be appointed
during your tenure. If so, what criteria would you use in hiring
a new Superintendent for the Roanoke City Public Schools?
ANSWER: Mr. Orr responded that some of the qualifications he
would look for are integrity, high morals, common sense, a good
sense of humor, and a leader but not a person who would be opposed
to listening.
Mr. White asked the followinq questions:
QUESTION: With regard to the compensation package of the
School Superintendent, what are your views with regard to the
fairness of the package versus the type of job that is currently
being done by the School Superintendent? Should the compensation
package be adjusted before the end of the contract period?
ANSWER: Mr. Orr responded that the Superintendent is
adequately compensated for his services and he does an excellent
job for the Roanoke City Public Schools. He advised that the
contract should remain as written and pointed out that it is
difficult to compare the Superintendent's contract to the contracts
of other persons.
QUESTION: Three years ago, there was discussion with regard to
increasing the participation of African-American businesses in the
purchase of goods and services for the school system. What has the
School Board and School Administration done in the past two years
161
in this area, and if nothing has been done, do you consider this to
be a matter that should be reviewed and improved upon?
ANSWER: Mr. Orr responded that most of the purchasing for
the school system is accomplished through a bidding process, and
the procedure should be continued because it keeps all parties on
an equal basis.
Mr. Bowers asked the followinq question:
QUESTION: Please assess the situation of drugs and weapons in
the schools. Do you believe it is a serious problem? How should
the School Board, Superintendent and Administration address the
issue and what is the role of the School Board in that particular
area of decision making?
ANSWER: Mr. Orr responded that he did not believe that drugs
were on the increase, however, a strong message should be sent from
parents and guardians that drugs will not be tolerated. He called
attention to an increase in weapons in the schools, advising that
there is more public awareness with regard to the issue. He stated
that he is a firm believer in the use of metal detectors in the
schools; that all students have the right to feel safe; that the
School Board must be more vocal in sending a message to students
that weapons in the schools will not be tolerated; and it will be
necessary for police officers to play a major role in correcting
the problem. He added that the School Board must be firm in its
decisions, when necessary, and School Board members may need to
make appearances in the schools to make strong statements in that
regard.
Mayor Taylor asked the following questions:
QUESTION: Are you of the opinion that vocational education is
an important component of the educational system?
ANSWER: Mr. Orr responded that vocational education is a
most Important part of the educational system, especially now that
there is a large turnaround of students going to college versus
those going into the Job market directly from high school. He
stated that training will have to come through the vocational
education program which has somewhat died down in the last few
years. He added that there is a trend or a turnaround that
vocational education is coming back and students are discovering
that working with their hands can be a rewarding experience. He
stated that the system must graduate students who are prepared to
go to work with a trade and the school system must work with the
private sector to determine the needs of industry in the Roanoke
Valley community and train students accordingly so that they will
be ready to enter the work force upon graduation from high school.
162
QUESTION: If you are reappointed to the position of School
Trustee and if you could change anything in the system that you
were desirous of changing during your next term, what would you
change?
ANSWER: Mr. Orr advised that he would want to address the
dropout rate and find a way to make students know that they have to
remain in school and receive their diploma.
At this point, 7:45 p.m., Vice-Mayor Musser entered the
meeting.
The third person to be interviewed was Ms. Ruth C. Willson.
Ms. Willson advised that she has lived in Roanoke for
15 years and she has two children in the Roanoke Cit%, school
system. She stated that she has served as a volunteer in the
schools and has been active in the Parent-Teacher Association, and
with that experience, interest and dedication, she believes she
would be a strong School Board member. She pointed out that the
children in the Roanoke City schools are changing; that there is
more poverty and diversity and in many instances, less support from
the home environment; that major needs in the City have changed;
and it is her philosophy that students must be enabled to have the
ability to function successfully in the community. She added that
upon graduation, each student should possess the highest level of
academic and/or technical skills that his or her abilities will
permit; that it is vital to the City and to the City's economic
development policy that all students be prepared, be they
advantaged or disadvantaged, to lead productive lives as
responsible citizens, advising that many things can be done to
achieve this goal and the education of Roanoke's children should be
a City-wide priority. She added that there must be an atmosphere
of cooperation and mutual respect between City Council and the
School Board, and teachers need to be empowered to incorporate new
theories and new ideas into the learning process, while meeting the
individual learning needs of every student under their care. She
stated that the School Board should support local efforts to
initiate new and innovative approaches to learning while at the
same time striving for excellence and equity in education. Most
importantly, she commented that parents need to be involved in the
learning experience of their children; that students should respect
society's demands that schools be free of drugs, violence and any
behavior that is incompatible with an atmosphere of learning, and
they should be aware that there will be strong consequences for
inappropriate behavior.
!
163
Mr. Fitzpatrick asked the following questions:
QUESTION: What value do you place on vocational education?
ANSWER: Ms. Willson responded that both short term and long
term goals for vocational education must be evaluated.
QUESTION: You mentioned in your opening remarks that there
must be cooperation and mutual respect between City Council and the
School Board. What are your ideas about how that relationship
should be maintained?
ANSWER: Ms. Willson responded that if the two bodies cannot
work together to solve problems, the children will suffer, and
face-to-face meetings and working together as a team would help to
maintain the relationship. She noted that the needs of
disadvantaged students are overwhelming, that there are tremendous
strains on the City budget, and funds must be spent in the most
effective manner.
Mr. Harvey asked the followinq questions:
QUESTION: What do you see as the major shortcoming of the
Roanoke City school system, and if you are appointed as a member of
the School Board, what would you do to address the problem?
ANSWER: Ms. Willson responded that even though an
alternative education program is currently in place, with the size
of the two high schools in Roanoke City, the program needs to be
strengthened; that more emphasis should be placed on job skills so
that when a student graduates from the school system, he or she
will be able to complete a job application, speak properly at a job
interview, know how to dress, and how to perform basic math, etc.
She added that more emphasis needs to be placed on job related
skills, better job placement services and more counseling services
for students in alternative education.
QUESTION: If you are appointed to the School Board, there is
a possibility that a new School Superintendent could be appointed
during your tenure. If so, what criteria would you use in hiring
a new Superintendent for the Roanoke City Public schools?
ANSWER: Ms. Willson responded that selection of a new
Superintendent would be one of tke most important things that a
School Board could do. She stated that she would look for someone,
either inside or outside of the system, who had a good track
record, someone who had worked with inner-city problems and racial
problems, someone who is a visionary, someone who could
aggressively pursue funding, whether it be at the state, business
164
or Federal Government level, someone who is a good listener, and a
good motivator, and someone who could work with not only teachers
and staff but parents and the business community as well.
Mr. Musser asked the followinq questions:
QUESTION: What do you perceive to be the basic responsibility
of the School Board?
ANSWER: Ms. Willson responded that it is the responsibility
of the School Board to set policy and procedure for the school
system, to be involved in preparation of the annual budget, to
adopt rules and regulations that not only affect the School Board,
but direct the system as well, and the School Board is responsible
for employment of more than 1,000 persons.
QUESTION: As a School Board member, what would you offer to
the school system?
ANSWER: Ms. Willson responded that she has considerable
experience working inside the schools as a volunteer, as a PTA
Board Member, and she served on the instructional council which was
instrumental in setting priorities for individual schools. She
pointed out that her service on various advisory groups has enabled
her to talk with other parents; that she has been involved with
school visitations, and, in the last year, she visited more than a
dozen schools where she observed various classes and talked with
principals and staff members, etc. She stated that a good School
Board Member knows what is happening inside the schools, and as a
Board member, she would continue a regular schedule of visiting the
schools.
Mr. White asked the followinq questions:
QUESTION: What is your perception of the existing relationship
between the School Board and City Council?
ANSWER: Ms. Willson commended Council for fully funding the
school budget, advising that she did not know that a School Board
member was supposed to lobby City Council for funds. She stated
that she had had the opportunity to meet City Council Members, and
as a School Board Member, she would like to continue a face to face
relationship with Council.
QUESTION: With regard to the compensation package of the
School Superintendent, as a School Board member, if you were
approached about renegotiating the contract, what would be your
position?
165
ANSWER: Ms. Willson responded that she was not familiar with
state and local regulations pertaining to a contract between the
School Superintendent and the School Board. She stated that the
Superintendent has certain goals that he must meet, and if he does
not meet those goals, the School Board should work with him to
endeavor to improve his performance. She noted that her knowledge
of the law was not sufficient to discuss what would be involved in
negotiating or renegotiating a contract.
QUESTION: What is your perception of racial problems in the
school system?
ANSWER: Ms. Willson responded that one of the reasons that
funds for the Magnet School Program were appropriated to Roanoke
City was due to racial isolation, advising that there is a great
deal of sensitivity that needs to be developed in the school
system.
Mr. Bowers asked the followinq questions:
QUESTION: Please assess the situation of drugs and weapons in
the schools. Do you believe it is a serious problem? How should
the School Board, Superintendent, and Administration address the
issue? What is the role of the School Board in that particular
area of decision making?
ANSWER: Ms. Willson responded that she was pleased to note
that funding was included in the budget for DARE police officers to
be placed in the middle schools and in the high schools. She
stated that the drug education program should be strengthened; that
parents and children should feel safe in the schools and the system
should be firm in setting forth consequences for disruptive
behavior. She noted that the law is being followed to the letter
with the use of new metal detectors which are sending a strong
message that weapons will not be accepted on school campus, and the
new policy, which provides that any student driving a car on campus
must sign a release allowing their car to be searched, is a
necessity in 1992. She stated that health programs at the high
schools provide information on drug and alcohol abuse, and as a
School Board Member, it would be her responsibility to help set
procedures and policies relating to drugs and weapons in the City
schools.
Mrs. Bowles asked the followinq questions:
QUESTION: What is your position with regard to an extended
school day, a seventh period or a twelve month school year?
ANSWER: Ms. Willson responded that she would be in favor of
a seven period day which would help not only the low achievers who
could use the time for remedial or counseling services, it would
166
provide the average child with more time in vocational education
programs, and it would offer college bound students more
opportunity to take advantage of various electives offered at the
high schools. She stated that school administrators have been
flexible in providing the zero period, however the period has never
been guaranteed and no transportation has been provided. She added
that Roanoke City has a good summer school program that is no
longer just a remedial or a summer honors program, which is
structured for all students in the system. Insofar as a twelve
month school year, she stated that she had not researched the
matter, however, she had given thought to how teachers could be
provided with more hours to teach. She spoke in support of certain
good programs that have been initiated by the state, such as
Virginia Education 2000, which has placed a tremendous emphasis on
math and science.
QUESTION: Some teachers are of the opinion that the evaluation
system has deteriorated; that originally the intent of the
evaluation system was to be positive and to pass on constructive
ideas to teachers; however, at the present time, some teachers feel
that evaluators are trying to find fault with the teacher. As a
School Board member, how would you address the evaluation system?
ANSWER: Ms. Willson responded that she was not familiar with
the current evaluation system. She stated that she has overheard
teachers say that there is a considerable amount of staff
development, but teachers are not given the opportunity to actually
use the new techniques they are taught in the classroom, therefore,
there is no feedback as to how the techniques are utilized or if
they are successful.
The Mayor asked the following questions:
QUESTION: If you had the ability to change certain things in
the school system, what would you change?
ANSWER: Ms. Willson responded that she would like to see
improvements in a number of areas; that she would be in favor of
doing more for the at-risk student; that she would like to see a
continuing emphasis in reducing the primary class size; that she
would like to see a reduction in the student-teacher ratio; that
Roanoke needs to look at the Virginia 2000 Education Program
inasmuch as there appears to be funds available from the state for
early childhood development, and Roanoke should aggressively pursue
the funding so that all students coming into the school system are
ready to learn.
Inasmuch as there had been heavy rainfall throughout the day
and some flooding had occurred, the City Manager presented a status
report on existing conditions in the City of Roanoke.
167
At 8:35 p.m., the Mayor declared the meeting in recess.
At 8:50 p.m., the meeting reconvened in the Council Chamber
with all Members of the Council in attendance, with the exception
of Council Member White.
The fourth person to be interviewed was Ms. Melinda J. Payne:
Ms. Payne advised that she has lived in the City of Roanoke
for the past ten years, and as Recruiting and Training Manager for
the Roanoke Times & World News, she has encouraged young people to
find their niche in the Roanoke community. She stated that she has
been encouraged to seek appointment to the School Board because of
her leadership abilities, advising that she is community-oriented
and she has a sincere desire to make a difference in the lives of
young people. She added that she spends considerable time in the
schools; that she gives speeches pertaining to her profession, she
tutors, she works with students on school newspapers, and she is an
active Board member of Literacy Volunteers of America, Roanoke
Valley Chapter. She called attention to certain areas that cause
her a great deal of concern such as the high teen pregnancy rate,
the school dropout rate, the number of young minorities in prison
without a high school diploma or a G.E.D. and drugs. She stated
that children have lost their focus and parents expect educators to
tackle all of the problems which is a difficult task because
teachers have the students in the classroom setting for only six
hours per day. She explained that for the past ten years, the
Roanoke Times & World News has offered a program for minority
students who are, supposedly, the "cream of the crop", and she has
observed that some students come into the program with a lacking in
respect and discipline. She stated that education is a partnership
-- it is composed of students, parents, teachers, administrators,
the School Board, City Council, the business sector and the
community at-large working together. She added that Total Action
Against Poverty and the City's Social Services Department have
initiated programs that have led unproductive members of the
community to become productive members of society; therefore, she
questioned why the school system could not institute similar
programs. She stated that a program that would cause low income
mothers and fathers to become involved in school activities by
offering some type of incentive could work, and money could come
from many sources; however, grant money might be available for such
a venture. She pointed out that if she is appointed to the School
Board, she will not be a "mouthpiece" for any member of the school
administration or for City Council and her main concern will be for
the children, and she will look for ways in which they will receive
the best possible education that can be provided. She stated that
children make up one-third of today's population, but 100 per cent
of tomorrow's future; therefore, they must be prepared. She added
that she accepts challenges head on and does not shy away from hard
work; that she has the wherewithal to look at problems from all
168
viewpoints, which is one of her greatest assets, and she
understands and is able to come to sound conclusions. She further
stated that she would be an asset to the Roanoke City School Board,
if appointed.
Mr. Harvey asked the following questions:
QUESTION: What do you perceive as the major shortcoming of the
school system, and how would you address the problem if you are
appointed as a School Board Trustee?
ANSWER: Ms. Payne responded that one of the major problems
deals with discipline in the classroom inasmuch as children come
into the school system with the idea that they can get away with
the same things they get away with at home, and there are many
educators who are afraid to confront these children head on. She
stated that it takes a strong person to stand up to these
youngsters because discipline is a branch of knowledge and
learning.
QUESTION: Do you think there is a breakdown of support for the
instructional personnel from the School Administration, in that
teachers feel they will not be supported by the Administration if
they take disciplinary action?
ANSWER: Ms. Payne responded that in her day, teachers
paddled children when they misbehaved, but today such action is
illegal. She stated that there is a reluctance on the part of
teachers and administrators to be as forceful as they need to be to
instill better discipline; that parents expect teachers and
administrators to do everything for the students, from teaching
them respect to how to be productive citizens of the community, and
their hands are locked to a certain degree. She advised that there
are ways in which discipline can be instilled in students without
using a lot of force by letting them know who is in charge.
QUESTION: If you are appointed to the School Board, there is
a possibility that a new School Superintendent could be appointed
during your tenure. If so, what criteria would you use in hiring
a new Superintendent for the Roanoke City Public Schools?
ANSWER: Ms. Payne responded that she would look for someone
who has a proven track record, someone who is able to communicate
with all people, someone who has wisdom, someone who has knowledge
to bring to a school system that is already in great condition,
someone who can relate to all segments of the community, someone
who would be a good leader and who would be easy to work with.
169
Mr. Musser asked the following questions:
QUESTION: What do you perceive to be the basic responsibility
of the School Board?
ANSWER: Ms. Payne responded that the role of the School
Board is to set school policy and to act as a governing body. She
stated that an effective School Board needs to be willing to take
stands for the cause of children and the Board needs to look toward
the needs of the children by finding the best methods and system of
educational tools. She further stated that School Board members
should be at liberty to speak up for whatever they feel is in the
best interest of the children, and the School Board should not have
to answer to the School Superintendent.
QUESTION: Are you of the opinion that the School
Superintendent should serve under a four year contract, or should
the Superintendent serve at the pleasure of the School Board?
ANSWER: Ms. Payne responded that the School Superintendent
should serve at the pleasure of the School Board. She stated that
in any job, one is evaluated on a yearly basis and everyone has to
come before their supervisor for job performance review. She
further stated that she would favor an annual review for the School
Superintendent.
Mr. Bowers asked the following questions:
QUESTION: Please assess the situation of drugs and weapons in
the schools. Do you believe it is a serious problem? How should
the School Board, Superintendent, and Administration address the
issue and what is the role of the School Board in that particular
area of decision making?
ANSWER: Ms. Payne responded that drugs and weapons are
prevalent in the schools. She stated that in dealing with the
drug problem, more random searches will be needed, advising that
school administrators have keys to lockers and if they can search
a child with a metal detector for guns, there should be a way to
search a child for drugs. She added that if students are made
aware of the fact that drugs and weapons will not be tolerated in
the schools, the problem may be corrected.
Mrs. Bowles asked the following questions:
QUESTION: What is your position with regard to an extended
school day, a seventh period or a twelve month school year?
ANSWER: Ms. Payne spoke in favor of the seven period day for
some students because parents expect educators to do everything,
advising that a seven period day could work, if programs are
170
structured in such a way that students would look forward to
participating. She advised that a twelve month school year would
be an asset.
QUESTION: Some teachers feel that the evaluation system has
deteriorated; and originally the intent of the evaluation system
was to be positive and to pass on constructive ideas to teachers.
At the present time, some teachers feel that evaluators are trying
to find fault with the teacher. As a School Board member, how
would you address the evaluation system?
ANSWER: Ms. Payne responded that in most businesses,
employees like to hear what they have done well and then proceed to
the areas in which they need improvement. She stated that if a
teacher or administrator is not doing their job, they should be
relieved of their responsibilities. She explained that all
elements of teaching need to be reviewed and she would be willing
to consider the findings and recommendations of a committee of
School Board members to review the method in which teachers are
evaluated.
Mr. Fitzpatrick asked the followinq questions:
QUESTION: If you were a member of the School Board, what
efforts would you make to encourage the involvement of parents in
the education of their children?
ANSWER: Ms. Payne responded that she has tried to make
parents understand that it is incumbent upon them to be involved in
the education of their children; that they should want their school
to shine and for their children to be proud of their involvement.
QUESTION: What do you see as the role that exists between City
Council and the School Board? How should the two bodies interact
with each other?
ANSWER: Ms. Payne responded that the School Board and
Council should work together as a partnership with open
communication, and if any member of the School Board has a concern,
he or she should be able to talk with Council freely about that
concern without the feeling that there will be any kind of
retribution for doing so.
Mayor Taylor asked the followinq questions:
QUESTION: You mentioned in your opening statement that we need
to change the focus. How would you attempt to go about changing
that focus?
ANSWER: Ms. Payne advised that in order to effect a change,
one has to be willing to be a part of the change. She stated that
people need to be made aware of what the needs are, and they need
to be kept in tune with what the changes should be. She further
stated that she would be persistent and become as involved as
possible to ensure that needed changes take place.
QUESTION: What is the greatest strength of the Roanoke City
Public School system?
ANSWER: Ms. Payne called attention to programs that address
the special needs of children, advising that the City has a strong
program in place for the at-risk student. She added that the City
needs to do everything possible to deter the dropout rate. She
pointed out that there are strong teachers in the system, teachers
who are willing to go the extra mile, and they need to be placed in
positions where they can serve as role models and mentors for
students.
The fifth person to be interviewed was Mr. James W. Stephens.
Mr. Stephens advised that he has lived in the City of Roanoke
virtually all of his life. He stated that his children are grown;
that he is not a member of a Parent-Teacher Association; that he
does not belong to any pressure group, and he has not been a part
of any political rally. He expressed concern that the children of
Roanoke City may not be part of an atmosphere which is conducive to
learning, and he was unsure as to whether or not children, parents
and teachers are of the opinion that learning is an enjoyable
experience. He stated that because of this concern, he is willing
to commit his time and energy to work as a part of a team to
endeavor to improve conditions. He commented that there is much to
be proud of in the school system of Roanoke such as the Magnet
School Program, but all of the accomplishments come up short if
there is not an atmosphere where children and teachers feel
comfortable. He called attention to a friend who left the teaching
profession after 23 years in the system because she was physically
afraid to be a teacher. He stated that discipline is a problem,
that discipline needs to be returned to the classroom, and teachers
and staff need to feel supported 100 per cent by the School Board
and the School Administration so that they can make the necessary
decisions that will return an atmosphere to the classroom that is
conducive to learning. He pointed out that industry will not
locate in Roanoke if the school system is graduating students who
are below the accepted reading level and who are functionally
illiterate in some cases. He added that the system needs to
identify those children who are at-risk; that he supports the
search for weapons in the schools and he would be willing to be
firm if he had to deal with the situation. He stated that the
current generation is at-risk and they represent the future of this
City; that the learning experience needs to be placed back into
172
perspective; and the system needs to look after its teachers and
support them. He further stated that this is the time to appoint
persons to the School Board who are willing to stand for something,
who are willing to be fair and firm in their beliefs, and who are
willing to return the schools to an atmosphere conducive to
learning.
Mr. Musser asked the followinq questions:
QUESTION: What do you perceive as the basic responsibility of
the School Board?
ANSWER: Mr. Stephens responded that the role of the School
Board is much like that of a board of directors of a company; that
the School Board should set policy and demand information, learning
as much as possible and, as a team, the Board should establish the
format and guidelines that govern the system. He added that the
School Administration should then implement guidelines established
by the School Board.
QUESTION: Should the School Superintendent work under the
four year contract currently in place, or should he work at the
pleasure of the School Board?
ANSWER: Mr. Stephens responded that a four year contract is
inappropriate in the context of what is being seen today in the
"real world". He stated that the Superintendent should be entitled
to a contract because his job is highly controversial, however, a
four year contract would not be appropriate and his contract should
be more in line with "real world" situations.
Mr. Bowers asked the followinq question:
QUESTION: Please assess the situation of drugs and weapons in
the schools. Do you believe it is a serious problem? How should
the School Board, Superintendent and Administration address the
issue, and what is the role of the School Board in that particular
area of decision making?
ANSWER: Mr. Stephens responded that a clear message must be
sent that the Roanoke City School system will take every possible
measure to rid itself of the problem of drugs and weapons in the
schools; that the situation will not be tolerated and rules must be
established and enforced. He stated that he, as one member of the
School Board, would be willing to support fairness and justice, but
he would unequivocally deal with the problem of drugs and weapons
in the schools. He added that the system can demand that children
attend school by law, but it is unfair if the system cannot produce
a safe environment for students and teachers, and all measures must
be taken to remedy the problem.
173
Mrs. Bowles asked the following questions:
QUESTION: What is your position with regard to an extended
school day, a seventh period or a twelve month school year?
ANSWER: Mr. Stephens responded that he would not favor a
twelve month school year. He stated that a student needs to have
time off for recreation and nine months out of the year for school
activities is sufficient. He further stated that each individual
student should be evaluated; that a uniform code cannot be applied
to all students because some have more skills than others in
certain specific areas. He added that dignity needs to be returned
to vocational education students because not every student will go
to college.
QUESTION: Some teachers feel that the evaluation system has
deteriorated; and originally the intent of the evaluation system
was to be positive and to pass on constructive ideas to teachers.
At the present time, some teachers are of the opinion that
evaluators are trying to find fault with the teacher. As a School
Board member, how would yOu address the evaluation system?
ANSWER: Mr. Stephens responded that a fair and comprehensive
evaluation system is needed, advising that when the family
automobile needs repair, it is not unusual to pay $37.00 per hour
for the service of a mechanic, yet, there is not a teacher in the
school system who earns $37.00 an hour. He stated that teaching is
a thankless job; that the task is great and the City's greatest
asset has been laid in the hands of the teacher; however, by the
same token, he noted that he would demand that the highest merit
pay go to the teachers who are judged by a fair evaluation system
to be the best, the most caring, and the most interested. He added
that the system should identify the best teachers and take care of
them with available funds, and identify those teachers who are not
performing at their best and give them an opportunity to improve
upon their performance. He stated that the system has a
responsibility to insure a safe environment for teachers to work
and a fair evaluation system to review their performance.
At this point, 9:45 p.m., Mr. Bowers left the meeting.
Mr. Fitzpatrick asked the following question:
QUESTION: What should be the role between City Council and the
School Board?
ANSWER: Mr. Stephens responded that the School Board should
be the barometer of the citizenry relative to the schools and the
Council and the School Board should work closely, hand in hand,
relative to the education of the City's children.
174
Mr. Harvey asked the following questions:
QUESTION: What are the major shortcomings of the Roanoke City
Public School system, and if you are appointed to the School Board,
how would you correct those shortcomings?
ANSWER: Mr. Stephens advised that each child is entitled to
an atmosphere of safety in the learning experience. He stated that
everyone should be allowed to have their own lifestyle to a certain
degree, however, the system must establish uniform rules for all
students. He added that certain good programs are currently in
place such as the Magnet Schools, however, Roanoke must come
together as a community and decide if it is a City that will have
to be salvaged in ten years, or, should the City stop before it
reaches the point where it has to be salvaged and instead demand
that certain things take place.
QUESTION: If you are appointed to the School Board, there is
a possibility that a new School Superintendent could be appointed
during your tenure. If so, what criteria would you use in hiring
a new Superintendent for the Roanoke City Public Schools?
ANSWER: Mr. Stephens responded that he would look for
someone who is dedicated to creating and continuing all of the good
programs that have been started in Roanoke; that he would be in
favor of someone who may not be a School Superintendent at the
present time; but perhaps an assistant Superintendent who would be
able to grow with the system and go on to the next level, and
someone who understands the importance of the undeniable
relationship that must exist between the schools and the staff in
order to bring people together. He added that he would favor
someone who is willing to work his or her way up in the area of
compensation, who could grow with Roanoke, however, the individual
would have to possess the educational background and credentials
necessary to do the job.
The Mayor asked the followinq questions:
QUESTION: What do you like most about the Roanoke City Public
School system?
ANSWER: Mr. Stephens responded that he felt very strongly
about the students in the system.
QUESTION: If you are elected to the position of School Trustee
and if you had the opportunity during your first year of service to
change anything in the school system, what would you change?
175
ANSWER: Mr. Stephens responded that it would be his desire
to work in a team atmosphere, advising that he would want to be a
part of a team but at the same time be allowed to have his own
opinions. He stated that he would like for Roanoke to return to a
time when teachers, students and staff could link arm in arm with
citizens and move forward in a cohesive fashion. He added that in
reality, no one lives in a "Mary Poppins world"; that he
understands the day to day pitfalls of real life and he would work
diligently to see that the School Board is an active board which is
willing to take a stand, and willing to ferret out issues, be they
difficult or easy. He added that he would want to seek information
from Council and citizens, and to be productive in his ability to
argue his point, while at the same time realizing that it is a team
situation.
At this point, 10:00 p.m., Mr. White re-entered the meeting.
The sixth and last person to be interviewed was Mr. Clubert G.
Poff.
Mr. Poff advised that the media today is filled with stories
of children enduring difficult and abusive situations; that he
knows firsthand the real pain and sorrow experienced by children
trapped in physically and emotionally abusive times; and he knows
first-hand the despair that the poverty cycle nurtures, as well as
what a good education means for these types of children. He stated
that the mission of the School Board is to provide the highest
quality of education possible to all citizens and to help each
student achieve their full potential; that as a concerned and
committed community, the task is made more difficult because 44 per
cent of Roanoke's children come from economically disadvantaged
backgrounds; and if educational strengths are capitalized upon and
if the many outstanding educational opportunities and programs
already in place are built upon, the City's educational goals will
be achieved. He further advised that his educational priorities
include capitalizing on successes, increasing vocational,
technical, and business courses of study, placing greater emphasis
on students in need of remediation, continuing to increase efforts
to support Roanoke's nationally recognized alternative education
program, elevating the role of teachers in the eyes of the
community, providing additional support and recognition of teachers
which includes adequate financial compensation and listening more
effectively to their concerns and ideas, continuing to foster
Roanoke's nationally recognized school business partnership
program, insuring the health and safety of students, faculty and
staff by making sure that the academic environment is as free from
outside negative influences as possible, and maintaining open lines
of communication between all parties concerned -- City Council, the
School Board, children, citizens, teachers, parents, guardians,
staff, and Administration. He added that if Roanoke wants to
achieve its mission, it must serve as a role model for open
176
communication, while listening actively and not passively. He
explained that the relationship of the School Board to the
Superintendent is very clearly defined by the division of
responsibilities and the lines of authority and accountability;
that the School Board is responsible for establishing, maintaining
and enforcing policies in support of this mission and the School
Board must establish educational goals, foster an environment that
encourages input from parents and citizens, ensure that decisions
are made in light of the impact they will have on the children,
practice fiscal responsibilities, be a lobbyist for additional
state funds, be pro-active, have a visible but not intrusive
presence in the schools, set an example by being responsible,
flexible and creative, and provide leadership and help to move the
school division toward the year 2000. He advised that the
Superintendent is charged with carrying out the School Board's
policies and supervising the day to day operation of the school
division; and the Superintendent is accountable to the School Board
and serves as the di~fsion's chief operation and instructional
leader. He stated that all citizens must be involved in the
educational partnership and open communications, as well as common
sense, deliberate planning and a positive interpersonal philosophy
must be employed in dealing with all people. He further stated
that his love for the City brought him back to Roanoke; that his
family could have settled in any area in the Roanoke valley, but
they chose Roanoke City because of his strong desire to give
something back to the educational system that gave him such a
strong base. He added that his love for education, his love for
reading, and his desire to discover and to explore the unknown, all
of which are a result of his being a product of the Roanoke City
Schools, have helped him to become a success. He noted that it was
not his material possessions, but his educational background that
gave him the basis from which to overcome his adversities. He
stated that perhaps one day, one of Roanoke's current disadvantaged
students will be standing before Council seeking the same
opportunity to give something back to the system that made it
possible for that student to also escape from the environment of
welfare and poverty.
Mr. White asked the following questions:
QUESTION: What do you perceive as the major problem facing the
Roanoke City Schools and how would you solve the problem?
ANSWER: Mr. Poff responded that the major challenge is to
increase the emphasis on programs designed for the average student,
those in need of remediation and alternative education; and
continued funding for full-day kindergarten should be insured,
along with seven period school days. He stated that teacher and
177
classified salaries need to be increased and there should be
greater teacher input into the decision making process. He
emphasized that lack of funds should not be used as a stumbling
block.
Mrs. Bowles asked the following questions:
QUESTION: What is your position with regard to an extended
school day, a seventh period or a twelve month school year?
ANSWER: Mr. Poff responded that the seven period day is
intended to move the system into a position where it will be more
competitive with other systems on a state and national level. He
added that it would give high school students an opportunity to
take extra credits in order to be more competitive at the national
and state levels.
QUESTION: Some teachers feel that the evaluation system has
deteriorated; and originally the intent of the evaluation system
was to be positive and to pass on constructive ideas to teachers.
At the present time, some teachers are of the opinion that
evaluators are trying to find fault with the teacher. As a School
Board member, how would you address the evaluation system?
ANSWER: Mr. Poff responded that everyone should be
accountable for what they do in their professional life, as well as
their personal life. He stated that evaluation of teachers should
be fair and based on merit, and if there are discrepancies or
deficiencies in teacher ratings, the School Board should insure
that those teachers receive remedial training in order to improve
upon their performance.
Mr. Fitzpatrick asked the following questions:
QUESTION: Are you of the opinion that the Roanoke City schools
are responsive to students, regardless of income and status, and if
not, what would you do as a member of the School Board to make the
system more responsive?
ANSWER: Mr. Poff advised that the system is responsive. He
stated that the Magnet School Program offers many interesting
programs for students; and the school system offers vocational
technical training, however, more emphasis should be placed on the
program through advertising and recruiting, and that there is an
integrated approach with strong academic education in the
vocational technical area. He noted that there are a variety of
available programs.
QUESTION: What should be the relationship between City Council
and the School Board?
178
ANSWER: Mr. Poff responded that it is appropriate for
Council and School Board members to discuss broad issues in terms
of meeting the educational mission, with the real relationship
between the two entities being that Council approves the school
budget as a whole and provides funds for the School Board to
accomplish those things that the Board has set out to do. He added
that it is appropriate for the two bodies to meet and discuss
priority issues.
Mr. Harvey asked the following questions:
QUESTION: What do you see as the major shortcoming of the
Roanoke City School System, and, if you are appointed as a member
of the School Board, what would you do to address the problem?
ANSWER: Mr. Poff advised that the school system has done a
good job, however, there needs to be greater emphasis in the
vocational technical business training program. He stated that
all students will not go to college for one reason or another,
therefore, the involvement of business and major industry in the
community is needed in order to remove the stigma attached to
vocational technical education.
QUESTION: If you are appointed to the School Board, there is
a possibility that a new School Superintendent could be appointed
during your tenure. If so, what criteria would you use in hiring
a new Superintendent for the Roanoke City Public Schools?
ANSWER: Mr. Poff responded that he would want to receive
input from City officials, citizens, parents and the community as
whole as to what characteristics and qualifications they would be
desirous of. He stated that the Superintendent should be a good
communicator, a good listener and exhibit interpersonal skills;
that the person should be a healer, someone who is people-oriented,
as well as a good educator and a good teacher because that person
will be the educational and instructional leader of the school
division.
Mayor Taylor asked the followinq questions:
QUESTION: What is your opinion of the present level of funding
by the City for operating the Roanoke City Public School System?
ANSWER: Mr. Poff responded that based on the overall current
economic situation, Council and the School Board did a good job
with formulating the upcoming budget. He commended both bodies for
a budget that funds full-day kindergarten, provides resource
officers in the high schools, and provides a pay increase for
teachers, as well as additional capital needs and resources. He
stated that in this economic time, it is an adequate budget.
179
Mr. Musser asked the followinq question:
QUESTION: Are you of the opinion that the School
Superintendent should be a contracted position for four years, or
should it be a position that serves at the pleasure of the School
Board?
ANSWER: Mr. Poff responded that he felt strongly in both
ways. He advised that there needs to be some stability to the
position, but at some point in that stability, one needs to be able
to evaluate and look at the individual, and if the individual is
doing the job satisfactorily, he or she should be rewarded,
however, if the person is not doing a good job, there should be a
way to take appropriate action.
All interviews having been concluded, there being no further
business, the Mayor declared the meeting adjourned at 10:25 p.m.
APPROVED
ATTEST:
City Clerk
(The above is intended to be a summary of statements, questions and
responses, and is not intended to serve as a verbatim transcript.
For full text of all interviews, cassette tape recordings are on
file in the City Clerk's Office.)
180
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
April 27, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, April 27,
1992, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members James G. Harvey, II, Howard E.
Musser, William White, Sr., David A. Bowers, Elizabeth T. Bowles
and Mayor Noel C. Taylor .............. 6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.- ...... 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Randy J.
Garner, Pastor, Valley View Wesleyan Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS-YOUTH: The Mayor
recognized and welcomed those students from William
Fleming High School, Patrick Henry High School and the
CITY School who had participated throughout the day in
National Youth Service Day.
BID OPENINGS
PARKS AND PLAYGROUNDS-RECREATION DEPARTMENT:
Pursuant to notice of advertisement for bids for
improvements to Huff Lane, Thrasher and Fishburn Parks,
and Garden City Recreation Center, said bids to be
received by the City Clerk until 1:30 p.m., on Monday,
April 27, 1992, and to be held, opened and read before
the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for
bids, and no representative present raising any question,
181
m
ACTION:
ACTION:
the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and
read the following bids:
BIDDER
BASE BID TOTAL
Southern Systems
Brown Brothers Construction Co.
Acorn Construction, Ltd.
Breakell, Inc.
Graves Construction Co., Inc.
Thor, Inc.
$ 88,484.00
101,584.00
106,400.00
117,954.00
122,800.00
124,700.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and George C. Snead, Jr.,
as members of the committee.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
attention to a request for an Executive Session to
discuss specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions
of an agreement with a developer.
PARKS AND PLAYGROUNDS: A report of the City Manager
with regard to installation of a disc golf course in
Fishburn Park, was before Council.
The City Manager advised that in the fall of 1990,
the Parks and Recreation Department was contacted by
members of the Roanoke Frisbee Disc Association about the
potential of locating a disc golf course in a City park;
that the Association offered a proposal to provide,
install and maintain an 18 hole disc golf course,
completely at the Associations's cost, if an appropriate
site could be made available; that several parks were
considered and visited, including East Gate, Fallon,
182
ACTION:
Fishburn, Morningside and Thrasher; that Fishburn Park
was ultimately selected as the prime location due to the
varying terrain, the mixture of open space with mature
trees, available parking, restroom facilities and other
desired site-related amenities; and Roanoke's 1981
Comprehensive Parks and Recreation Plan also indicated
that Fishburn Park would be a very good location for a
frisbee golf course.
It was further advised that disc golf is similar to
regular golf and provides the challenges and traditions
of golf, with the skills and accuracy of tossing a
frisbee; that it is a sport the whole family, a group of
friends, or an individual can enjoy; and disc golf is a
"drop in" type activity that requires no staff
supervision.
The City Manager pointed out that there are over 300
disc golf courses in the United States, with eight in
Virginia; that the Fishburn Park course has been
carefully designed not to infringe on the more heavily
used areas of the park, such as picnic areas, shelter and
playground sites; and it is anticipated that the course
will be well received and will provide a wonderful and
unique addition to Roanoke's park system.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor- 6.
NAYS: None--- 0.
(Council Member Fitzpatrick was absent.)
ROANOKE ARTS COMMISSION: A report of qualification
of Brook Dtckson as a member of the Roanoke Arts
Commission, for a term ending June 30, 1993, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
183
ACTION:
ACTION:
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Bowers and adopted by the following vote:
AYES: Council Members Harvey, Musser,
Bowers, Bowles and Mayor Taylor .......
NAYS: None-
White,
(Council Member Fitzpatrick was absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the provision of legal
advice by counsel, being the terms and conditions of an
agreement with a developer, pursuant to Section 2.1-344
(A)(7), Code of Virginia (1950), as amended, was before
the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions
of an agreement with a developer, pursuant to Section
2.1-344 (A)(7), Code of Virginia, (1950), as amended. The
motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Harvey,
Bowers, Bowles and Mayor Taylor--
NAYS: None
Musser, White,
6.
(Council Member Fitzpatrick was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY GOVERNMENT-LICENSES-MISCELLANEOUS: Mr.
James V. Noonkester, 1106 N. Main Street, Blacksburg,
Virginia, requested that Council adopt a resolution
endorsing the song "Sing America" as the new State song,
and "Cradle the Nation" as the logo on Virginia State
license tags. He stated that such action will provide
the Commonwealth of Virginia with a greater advantage in
competing for tourist dollars.
184
ACTION:
Mr. Harvey moved that the matter be referred to the
City Manager for report to Council. The motion was
seconded by Mr. Musser and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of funds to
the following school accounts, was before Council.
Grant No. 6429
$550.00 for the Title II-A
Licensed Practical Nursing
Program to provide tuition for
selected students to attend the
Licensed Practical Nursing
courses. The Program will be
100 per cent reimbursed by
Federal funds.
Grant No. 6501
$675.00 for the Transition-
Vocational Evaluation Program
to provide funds for the
development of workshops to be
used in transition planning.
The program will be 100 per
cent reimbursed by Federal
funds.
Grant No. 6750
$8,674.00 for the 1991-92
Perkins Act Program to provide
funds for vocational
instructors and equipment. The
program will be 100 per cent
reimbursed by Federal funds.
The School Board further requested appropriation of
$291,797.00, which represents the third and final request
for proceeds from the 1992 Capital Maintenance and
Equipment Replacement Fund, advising and that the funds
will be used for the removal of fuel oil storage tanks at
various school sites, for the purchase of furniture and
equipment necessary for the reopening of Forest Park
Elementary School, for the replacement of maintenance
vehicles, and for school roof replacement costs.
A report of the Director of Finance advising that
this is the third and final appropriation of funds for
the School Board from fiscal year 1990-91 Capital
Maintenance and Equipment Replacement Program funds; that
185
ACTION:
the grant requests are funded with 100 per cent Federal
funds; and recommending that Council concur in the
request of the School Board, was also before the body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#30967-042792) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 464.)
Mr. White moved the adoption of Ordinance No. 30967-
042792. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey,
Bowers, Bowles and Mayor Taylor---
NAYS: None ---
Musser, White,
6.
(Council Member Fitzpatrick was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
POLICE-CITY EMPLOYEES: The City Manager submitted
a written report advising that Council by Resolution No.
4748 adopted on February 28, 1936, established a policy
for payment of a salary supplement to injured employees
in the Fire and Police Departments; that the intent of
the salary supplement was to ensure that a police officer
or firefighter receives his full salary if an accident
occurred on the job and caused the employee to lose time
from work; that Sergeant William Moser, an employee of
the Police Department suffered Job related injuries in a
vacant building which was being rehabilitated on
186
ACTION:
January 23, 1991, when he fell through an open area
covered with plastic to the basement; and the accident is
covered through the City's Workers' Compensation Program,
and Sergeant Moser is therefor eligible to receive
supplemental pay.
It was further advised that Sergeant Moser is still
recuperating and has not returned to work and Council's
authorization is required for regular salary payments
inasmuch as Sergeant Moser has been injured beyond 60
days.
The City Manager recommended that Council authorize
regular salary payment for Sergeant William Moser from
March 25, 1991, through June 1, 1992.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#30968-042792) A RESOLUTION extending the pay
benefits provided for by Resolution No. 4748 for a
certain emergency service employee.
(For full text of Resolution, see Resolution Book No. 53,
page 465.)
Mr. Musser moved the adoption of Resolution No.
30968-042792. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey,
Bowers, Bowles and Mayor Taylor ......
Musser, White,
'6.
NAYS: None ......
-0.
(Council Member Fitzpatrick was absent.)
At 2:55 p.m., the Mayor declared the meeting in
recess.
At 3:10 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
BUDGET-HOUSING-GRANTS: The City Manager submitted
a written report advising that the Limited Critical
Repair Program is a Community Development Block Grant
funded housing program making limited, but critically
needed repairs, to homes either owned by low-moderate
187
m
income homeowners or rented to low-moderate income
tenants; that the Limited Critical Repair Program
includes the following activities: (1) quick response to
emergencies, making expeditious repairs to homes of low-
moderate income homeowners; (2) critical home repair,
making repairs to identified homes in greatest need of
repair; (3) emergency home repair program, making repairs
to rental units occupied by low-moderate income tenants,
to preserve basic liveability; and fiscal year 1991-92
funding for the Limited Critical Repair Program was
$195,000.00 in Community Development Block Grant funds.
It was further advised that quick response to
emergencies funds allocated to the Roanoke Redevelopment
and Housing Authority, the entity administering the
program, have been depleted, with additional need
evidenced for this type of assistance; that the Housing
Authority has requested that additional funds be
allocated for its use in quick response to emergencies;
that funding in the amount of $17,752.04 is available in
Quick Response to Emergencies, Account No. 035-090-9020-
5203, and an additional $24,072.00 is available in Home
Ownership Assistance, Account No. 035-091-9120-5118.
The City Manager recommended that he be authorized
to execute an Amendment to the Contract for Services with
the Roanoke Redevelopment and Housing Authority to
increase funding in the Quick Response to Emergencies
component of the Limited Critical Repair Program by
$25,000.00; further that the Housing Authority be
authorized to access the $17,752.00 in Quick Response to
Emergencies, Account No. 035-090-9020-5203; and that the
Director of Finance be authorized to transfer $7,248.00
from Homeownership Assistance Program, Account No. 035-
091-9120-5118, to the Quick Response to Emergencies
component of the Limited Critical Repair Program for use
by the Roanoke Redevelopment and Housing Authority.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency budget
ordinance:
(#30969-042792) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 466.)
188
ACTION:
ACTION:
Mr. Bowers moved the adoption of Ordinance No.
30969-042792. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Harvey,
Bowers, Bowles and Mayor Taylor
Musser, White,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
Mr. Bowers offered the following resolution:
(#30970-042792) A RESOLUTION authorizing the
execution of an amendment to the contract for services
with the Roanoke Redevelopment and Housing Authority to
increase the funding in the Quick Response to Emergencies
component of the Limited Critical Repair Program, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 467.)
Mr. Bowers moved the adoption of Resolution No.
30970-042792. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
ARMORY/STADIUM-SPECIAL PERMITS: The City Manager
submitted a written report advising that the Virginia
Museum of Transportation, Inc., will conduct a Spring
Railfair on Saturday, May 16, 1992, between 10 a.m. and
4 p.m.; that the Railfair will feature model railroading,
rail-roadianna and rail art; that the National Guard
Armory has been requested for use by the Virginia Museum
of Transportation, Inc., with a waiver of rental fee and
the granting of concession rights and commission; and
concession proceeds and donations will be used by the
Virginia Museum of Transportation, Inc., to offset its
annual operating expenses.
It was further advised that the National Guard
Armory is available on the date requested; that
authorization by Council is required to waive rental fees
and to grant concession rights and commissions, pursuant
189
ACTION:
ACTION:
to Resolution No. 24982; that general liability insurance
must be provided by the lessee to include bodily injury
and property damage with limits to $1 million per
occurrence and listing the City as additional insured;
and a certificate of insurance, acceptable to the Risk
Management Officer, shall be deposited with the City
Clerk prior to the event.
The City Manager recommended that Council waive the
rental fee and grant concession rights and commission to
the Virginia Museum of Transportation, Inc., for use of
the National Guard Armory on Saturday, May 16, 1992.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the following Ordinance be
placed upon its first reading:
(#30971) AN ORDINANCE waiving the standard rental
fee for use of certain facilities for a Spring Railfair
and granting concession rights in conjunction with such
event.
(For full text of Ordinance, see Ordinance Book No. 53,
page 472.)
The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council Members Harvey,
Bowers, Bowles and Mayor Taylor---
Musser, White,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
STADIUM/ARMORY-SPECIAL PERMITS: The City Manager
submitted a written report advising that Donald F. Taylor
appeared before Council on January 13, 1992, and
requested permission to conduct auto racing events at
Victory Stadium during 1992; that Council approved eight
1992 auto racing dates on February 10, 1992; and racing
dates established for 1992 were May 1, June 12, July 10,
17, and 24, August 7 and 21, and September 7.
It was further advised that the promotor and City
staff agree that delaying start of the season until
July 10 would be advantageous to both parties; that dates
originally held for other events are not needed; and the
revised schedule would delete May 1 and June 12, and add
190
ACTION:
ACTION:
July 31 and August 14, resulting in a race season that
would run seven consecutive Fridays, and conclude on
Monday, September 7.
The City Manager recommended that Council approve
the revised dates for auto racing events at Victory
Stadium.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30972) AN ORDINANCE amending Ordinance No. 30944-
041392, adopted April 13, 1992, to change certain dates
on which automobile racing may occur at Victory Stadium.
(For full text of Ordinance, see Ordinance Book No. 53,
page 473.)
The motion was seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
CHESAPEAKE AND POTOMAC TELEPHONE COMPANY: The City
Manager submitted a written report advising that
Chesapeake & Potomac Telephone Co., was granted by the
City with the right to use public rights-of-way to erect,
operate and maintain a telephone and telegraph system,
pursuant to Ordinance No. 17677, adopted on August 28,
1967; that Council approved Resolution No. 30556-61091
adopted on June 10, 1991, which authorized the City
Manager to enter into an agreement with Appalachian Power
Company to allow the City to install, maintain and remove
signs, flags and holiday decorations on or from utility
poles owned by said Company; that City staff would like
to be allowed to install, maintain and remove signs,
flags and holiday decorations on or from utility poles
owned by C & P, which would be the same as that which is
done on APCO poles; and a pole-use agreement has been
negotiated which would allow the City to use utility
poles owned by C & P for installation, maintenance and
removal of signs, flags and holiday decorations.
July 31 and August 14, resulting in a race season that
would run seven consecutive Fridays, and conclude on
Monday, September 7.
The City Manager recommended that Council approve
the revised dates for auto racing events at Victory
Stadium.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30972) AN ORDINANCE amending Ordinance No. 30944-
041392, adopted April 13, 1992, to change certain dates
on which automobile racing may occur at Victory Stadium.
(For full text of Ordinance, see Ordinance Book No. 53,
page 473.)
The motion was seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
CHESAPEAKE AND POTOMAC TELEPHONE COMPANY: The City
Manager submitted a written report advising that
Chesapeake & Potomac Telephone Co., was granted by the
City with the right to use public rights-of-way to erect,
operate and maintain a telephone and telegraph system,
pursuant to Ordinance No. 17677, adopted on August 28,
1967; that Council approved Resolution No. 30556-61091
.adopted on June 10, 1991, which authorized the City
Manager to enter into an agreement with Appalachian Power
Company to allow the City to install, maintain and remove
~signs, flags and holiday decorations on or from utility
poles owned by said Company; that City staff would like
~to be allowed to install, maintain and remove signs,
flags and holiday decorations on or from utility poles
owned by C & P, which would be the same as that which is
done on APCO poles; and a pole-use agreement has been
~egotiated which would allow the City to use utility
poles owned by C & P for installation, maintenance and
removal of signs, flags and holiday decorations.
191
II
ACTION=
The City Manager recommended that Council approve
the proposed pole-use agreement with Chesapeake and
Potomac Telephone Company; and that he be authorized to
execute said agreement on behalf of the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#30973-042792) A RESOLUTION authorizing the City
Manager to enter into an agreement with Chesapeake and
Potomac Telephone Company of Virginia to allow the City
to install, maintain and remove signs, flags, and holiday
decorations on or from utility poles owned by Chesapeake
and Potomac Telephone Company of Virginia.
(For full text of Resolution, see Resolution Book No. 53,
page 468.)
Mr. Harvey moved the adoption of Resolution No.
30973-042792. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor-- 6.
NAYS: None ......... 0.
(Council Member Fitzpatrick was absent.)
GRANTS-HOUSING-TOTAL ACTION AGAINST POVERTY: The
City Manager submitted a written report advising that the
Virginia Department of Housing and Community Development
has allocated $450,000.00 to the Emergency Home Repair
Program providing grant funds to make emergency repairs
to housing units occupied by low income families/
individuals, or improvements to make the unit
handicapped-accessible; and guidelines for the Program
include:
grant funds awarded must be matched
with at least an equal amount in
cash, in-kind services, labor, etc,
from other sources; and
each housing unit may receive a
maximum of $1,000.00 in grant funds
from the Virginia Department of
Housing and Community Development.
192
It was further advised that the City was awarded a
$16,350.00 grant from the Virginia Department of Housing
and Community Development in 1991 for the program; that
Council approved a $25,000.00 allocation of Community
Development Block Grant funds in 1991 in support of the
program; and repairs and improvements to 13 substandard
low-income housing units have been made through this
year's program which is administered by the City in
cooperation with Total Action Against Poverty.
The City Manager explained that the Department of
Housing and Community Development has notified the City
that grant applications are being accepted for the
upcoming year of funding under the Program; that maximum
awards to local administrators are expected to be
$15,000.00; that deadline for submission of the
application is May 1, 1992; that Council will be
requested to consider allocating $182,500.00 in Community
Development Block Grant funds in support of various
Limited Critical Repair Programs, one of which is the
Emergency Home Repair Program, as a part of the fiscal
year 1992-93 Community Development Block Grant program
budget; and Total Action Against Poverty has agreed to
commit $15,000.00 in weatherization funds in support of
the City's Emergency Home Repair Program during fiscal
year 1992-93.
It was pointed out that application to the Virginia
Department of Housing and Community Development has been
developed which requests a $15,000.00 grant award to the
City for the Emergency Home Repair Program; that maximum
grant on any unit will be $2,500.00; which will be
$1,000.00 from State funds and $1,5~0.00 from Community
Development Block Grant funds; that property owners are
expected to match grant funds dollar for dollar for
repairs made to low-income rental property; that repair
costs exceeding the $2,500.00 grant would be solely the
owner's responsibility; and rental property owners must
commit that the low-income tenant's rent will not be
increased for a period of one year following repairs.
The City Manager advised that authorization by
Council is required by the Virginia Department of Housing
and Community Development in order for the City to submit
the application; and upon notification from the Virginia
Department of Housing and Community Development that the
City will be awarded the grant funds, Council will be
asked to authorize acceptance of the grant and to
appropriate Community Development Block Grant funds as a
match.
193
ACTION:
The City Manager recommended that he be authorized
to submit a application for the Emergency Home Repair
Program to the Virginia Department of Housing and
Community Development.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#30974-042792) A RESOLUTION authorizing the City
Manager, for and on behalf of the City, to file an
application with the Virginia Department of Housing and
Community Development for a grant of funds under the
Emergency Home Repair Program; and authorizing the City
Manager to accept such grant funds.
(For full text of Resolution, see Resolution Book No. 53,
page 469.)
Mr. Musser moved the adoption of Resolution No.
30974-042792. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor--- 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
FLOOD REDUCTION/CONTROL-EMERGENCY SERVICES: The
City Manager submitted a written report advising that on
April 22, 1992, he made the decision to make a
declaration of local emergency with regard to the
flooding the City experienced on the previous day; that
the purpose of the declaration is to enable the City and,
more particularly, homeowners and business owners to
potentially qualify for Federal assistance should the
Governor apply to the President of the United States for
a Federal disaster designation; and it appears that
Virginia will join North Carolina and ask for a joint
declaration based upon preliminary estimates provided to
the Office of Emergency Services.
The City Manager recommended that Council ratify the
declaration of local emergency.
(For full text, see report on file in the City Clerk's
Office.)
194
ACTION:
ACTION:
Mrs. Bowles offered the following resolution:
(#30975-042792) A RESOLUTION declaring a local
emergency; authorizing emergency powers to the City
Manager as Director of Emergency Services; authorizing
the City Manager to make application for Federal and
State public aid and assistance to deal with such
emergency; designating the Director of Finance as the
fiscal agent for the City; and calling upon the Federal
and State governments for assistance.
(For full text of Resolution, see Resolution Book No. 53,
page 469.)
Mrs. Bowles moved the adoption of Resolution No.
30975-042792. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor ............. 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance
submitted the Financial Report for the City of Roanoke
for the month of March, 1992.
(For full text, see Financial Report on file in the City
Clerk's Office.)
Mr. Harvey moved that the Financial Report be
received and filed. The motion was seconded by Mr.
Musser and adopted.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
UNITED STATES CONFERENCE OF MAYORS-HUMANRESOURCES:
Mrs. Bowles offered the following Resolution endorsing
the United States Conference of Mayors' "Save Our Cities!
Save Our Children]" march on Washington, D. C., to be
held on Saturday, May 16, 1992, to protest cutbacks in
Federal funding for United States cities:
195
ACTION:
ACTION:
(#30976-042792) A RESOLUTION endorsing the U. S.
Conference of Mayors' "Save Our Cities! Save Our
Children!" march on Washington, D. C.
(For full text of Resolution, see Resolution Book 53,
page 471.)
Mrs. Bowles moved the adoption of Resolution No.
30976-042792. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor- 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 4:00 p.m., the Mayor declared the meeting in
recess.
At 4:40 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
196
There being no further business, the Mayor declared the
meeting adjourned at 4:42 p.m.
AP P R OV E D
ATTE ST:
City Clerk
Mayor
197
SPECIAL MEETING ROANOKE CITY COUNCIL
April 27, 1992
7:00 p.m.
The Council of the City of Roanoke met in special meeting on
Monday, April 27, 1992, at 7:00 p.m., in the Exhibition Hall of the
Roanoke Civic Center, 710 Williamson Road, N. E., with Mayor
Noel C. Taylor presiding.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Howard E. Musser, William
White, Sr., and Mayor Noel C. Taylor-- ---6.
ABSENT: Council Member David A. Bowers
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
BUDGET-TAXES: The Mayor advised that the purpose of
the meeting was to hold public hearings to receive the
views of citizens with regard to the real estate tax rate
for fiscal year 1992-93, the cigarette tax, and the
transient lodging tax for fiscal year 1992-93. He stated
that the City Manager has recommended that the real
estate tax rate remain at $1.25 per $100.00 .of assessed
value; that the current cigarette tax of $.005 per
cigarette be increased to $.007 per cigarette, beginning
July 1, 1992, and that the current transient lodging tax
of four per cent be increased to five per cent, beginning
July 1, 1992.
(Notice of advertisement of the public hearings was
published in the Roanoke Times & World-News on April 20,
1992. See affidavit on file in the City Clerk's Office.)
The Mayor inquired if there were persons in
attendance who would like to address Council with regard
to the abovedescribed public hearings, at which time no
person expressed a desire to be heard.
198
There being no further business, the Mayor declared the
special meeting adjourned at 7:10 p.m.
APPROVED
ATTEST
City Clerk
Mayor
199
SPECIAL MEETING ROANOKE CITY COUNCIL
April 27, 1992
7:20 p.m.
The Council of the City of Roanoke met in special meeting on
Monday, April 27, 1992, at 7:20 p.m., in the Exhibition Hall of the
Roanoke Civic Center, 710 Wllliamson Road, N. E., with Mayor
Noel C. Taylor presiding.
(NOTE: The meeting was advertised to commence at 7:30 p.m.,
however, the City Attorney ruled that the meeting could be called
to order at an earlier time inasmuch as the Council meeting would
still be in session at 7:30 p.m.)
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Howard E. Musser, William
White, Sr., and Mayor Noel C. Taylor ...... 6.
ABSENT: Council Member David A. Bowers
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
BUDGET: The Mayor advised that the purpose of the
meeting was to hold a public hearing to receive comments
of citizens with regard to the City Manager's recommended
budget for fiscal year 1992-93.
(Notice of advertisement of the public hearing was
published in the Roanoke Times & World-News on April 20,
1992. See publisher's affidavit on file in the City
Clerk's Office.)
Mayor Taylor further advised that it was a privilege
for the Elected and Administrative Officials of the City
of Roanoke to host the public hearing on the Roanoke City
Budget and Resource Allocation Plan for Fiscal Year 1992-
93. He stated that the City of Roanoke is a progressive
City and its chief concern is the involvement of citizens
as the City seeks to address future trends and recommend
strategic objectives that will enable it to not only
serve the immediate future, but to organize itself in
such a way as to experience continuing growth and
development through the year 2000. He added that the
City has always had a big heart -- a provider of services
to its citizens and an especially big concern for its
disadvantaged, its poor and its elderly; and Roanoke is
2OO
indeed a City of the future and it needs the revenue to
make the necessary improvements to its schools, streets,
storm drains, bridges and many other essential
infrastructure projects.
The Mayor noted that Council has the responsibility
of making difficult and sometimes unpopular decisions;
that the City's resource limitations require careful
choices; however, it is known, on the positive side, that
new opportunities are emerging and the City is dedicated
to continuing its future growth and development. He
stated that he has been sad at heart as he has watched
the withdrawal of State and Federal support for the most
vulnerable citizens of the City; that in fact, the
withdrawal of State and Federal funds has had an adverse
impact on the entire community, and yet, the City
continues to strengthen its fine system of public
education. He called attention to fewer slums and better
streets, citizens who are concerned about and involved in
City government, and a constant effort is being made to
improve the large range of City services.
Mayor Taylor explained that in accordance with the
requirements of Section 33 of the Roanoke City Charter
pertaining to the annual budget, the City Manager has
recommended a balanced fiscal year 1992-93 General Fund
budget totalling $158,780,406.00; and the recommended
budget accomplishes four primary goals, viz: (1) no
reduction in services to citizens; (2) provision of pay
raises for City employees; (3) full funding of the School
Board's budget request; and (4) provision of additional
funding for equipment replacement.
The Mayor advised that the City Clerk had arranged
for citizens to register to speak, and they would be
recognized in the order in which they had registered.
The Mayor then called upon the following persons,
with the request that they limit their remarks to three
minutes each:
Ms. Nancy C. Blankenship, President, Fallon
Park Elementary School PTA, 2013 Kenwood
Boulevard, S. E., advised that she has
actively participated in the educational
experience of her child, and applauded the
Roanoke City Schools for its insight in
developing and implementing many innovative
programs designed to meet the diversified
needs of the students. She referred to
programs such as aerospace technology,
performing arts and computer science, which
programs and others have helped prepare
students to develop the skills that are
necessary for careers of the future. She
stated that every school continues to offer
quality instructional programs which provide
all students, slow, average or gifted, with an
opportunity for educational success. She
added that even though these programs have
been provided, the enormous demands of a
constantly changing and troublesome society is
becoming increasingly difficult. She stated
that citizens take pride in the quality of
education that is offered to the young people
of Roanoke City, and they speak proudly of the
many awards, honors and other forms of
recognition bestowed upon City Schools,
employees and the division as a whole,
advising that hard work, creativity,
dedication and good leadership have all
contributed to this success, however, with the
many gains accomplished by the system, it
cannot afford to travel back in time. She
pointed out that adequate funding is necessary
to keep pace with needs for the next school
year; and continued sufficient funding will be
needed to activate long-range goals.
Therefore, she stated that as revenue becomes
available, Fallon Park Elementary School
anxiously awaits the timely manner when such
funds will be distributed for school services,
which services are crucial to students at
Fallon Park Elementary School in relation to
the school instructional program, restoration
of additional support services in the form of
a full time visiting teacher, a full time
nurse and additional guidance and counseling
services. She added that with additional
support services, children attending Fallon
Park Elementary School will greatly benefit.
Mr. Ernest E. Johnson, Jr., representing the
faculty of William Fleming High School, 3524
Cove Road, N. W., advised that William Fleming
High School needs the support of Council, not
only for the regular school budget, but for
the Supplemental Budget, and urged that
Council support the schools so that the
schools will be in a position to support the
students.
202
Mr. Everett L. Franklin, representing the
Alliance for the Mentally Ill of the Roanoke
Valley, 623 Albemarle Avenue, S. W., advised
that the goal of the Alliance is to improve
the quality of life for those who are
afflicted with chronic mental illness, and the
Alliance would like to bring to Council's
attention the need for services for those City
residents who suffer from some form of mental
illness. He explained that affordable housing
is needed to provide a decent environment with
appropriate support and supervision to insure
that relapse does not occur; that two case
managers are needed to see mental health
consumers as frequently as needed in their
residential settings, whether they be parental
homes, homes for adults, or their own
apartments or homes; that emergency services
staff is needed to respond promptly where a
crisis is occurring, to collaborate with
police officers at the site and to support
police in their efforts, and to commence
assessment of the mental health consumer in
the situation; and vocational opportunities
are needed for those who have an onset of
mental illness prior to completing school or
establishing a vocation and/or those who wish
to return to the work force but need
assistance in doing so. He stated that
Council has the power to set the budget for
Roanoke City in recognizing these needs with
dollars, and requested that Council fund
Mental Health Services of the Roanoke Valley
at the level of funding which was previously
requested.
Ms. Victoria Prosperis, 103 Noble Avenue,
N. E., representing Lincoln Terrace Elementary
School, expressed appreciation for
advancements that have been orchestrated in
the school system, viz: all day kindergarten
programs, computer labs, and the chess program
which has improved the thinking skills of many
students. She stated that she is confident
that Council will continue to move forward
with an emphasis on education, however, there
are certain areas of importance that must be
addressed. She advised that at the beginning
of the 1991-92 school year, kindergarten and
first grade classes had a high student-teacher
ratio, and it is felt that students cannot be
203
educated to the highest degree when ratios are
25 to 1 or 26 to 1 or an astounding 27 to 1.
She added that many of the children are from
dysfunctional families and greater care needs
to be provided so that they will feel like
they are a part of the system. She pointed
out that children need smaller class sizes
with room to stretch their imaginations, where
they can be excited about the learning
experience, advising that teachers do not have
the opportunity to spend the individual time
which is necessary to help students develop to
their fullest potential and to develop an
excitement for learning. She stated that more
teachers aides are needed; that teachers and
classified personnel are over worked; that
statistics are staggering in terms of what
happens to a child each day; that in many
cases, the school and the teacher are the only
ray of hope in the lives of some students, and
teachers must be given assistance in order to
help the students. She further stated that
smaller class sizes, as well as the most
modern up-to-date equipment is needed. She
added that there is an available choice --- to
properly educate so that young people do not
have to be incarcerated and rehabilitated.
She advised that the choice should be simple -
- educate not incarcerate.
Ms. Suzanne K. Keene, representing William
Ruffner Middle School Instructional Council,
349 King George Avenue, S. W., expressed
appreciation for opportunities that have been
made available to students because of funding
from Roanoke City; however, in order for such
programs to remain in place, Council must give
consideration to funding the Schools'
Supplemental Budget. She stated that as a
parent, it is her right to know that her
children are safe while attending school, and
it is the right of her children to know that
they are attending a safe school and all
appropriate steps should be taken by teachers,
administrators and law enforcement officers to
maintain safety in the schools.
Ms. Diane Kelly, Executive Director of Mental
Health Association of the Roanoke Valley,
advised that the Mental Health Association is
a non-profit, non-governmental organization,
204
with more than 500 members who work to
educate citizens of the Roanoke Valley about
issues related to mental health and mental
illness, serving as advocates for quality care
for those who suffer from mental illness. She
explained that Mental Health Services of the
Roanoke Valley is the community services board
which provides mental health, mental
retardation and substance abuse services to
citizens of the counties of Botetourt, Craig
and Roanoke, and the cities of Roanoke and
Salem. She stated that the funding request
submitted by Mental Health Services was
prepared in accordance with the local match
policy which calls for matching all state-
based funds at a 90 to 10 ratio with local tax
dollars, and the request of Mental Health
Services represents the amount necessary to
maintain all programs at the current level of
service. She noted that Mental Health
Services provided mental health, mental
retardation and substance abuse treatment or
counseling services to 4,818 Roanoke City
residents during the fiscal year which ended
in June, 1991, and the value of those services
was $5,318,172.00, which represents $17.00 in
services for each local match dollar that the
City provided. She stated that for fiscal
year 1992, the City allocated $306,588.00 to
Mental Health Services, and Mental Health
Services is presently requesting an allocation
of $413,539.00 from Roanoke City for fiscal
year 1992-93, advising that appropriation in a
lesser amount will jeopardize State funds and
existing service delivery. She explained that
the unmet needs of clients throughout the
system are staggering, and it is wrong to deny
individuals with mental disabilities the
services that they need to enable them to live
successfully tn the community. On behalf of
Roanoke citizens who continue to benefit from
services provided by Mental Health Services,
she expressed appreciation for past support
and for any consideration that will be given
to the present request for funding.
Ms. Michelle Strayer, representing Virginia
Heights Elementary School, 4035 Kentland
Drive, $. W., requested full funding for the
school budget, as well as the Supplemental
Budget. She stated that Virginia Heights
2O5
Elementary School is a school of excellence
due to efforts of parents, students, staff,
the community and a number of volunteers over
the years. She called attention to school and
business partnerships with the Raleigh Court
Civic League, the YWCA which started the first
outreach swimming program at Virginia Heights,
the Raleigh Court TOPS Program (Terrific Older
People and Students), and a partnership with
the Grandin Road Merchants Association and the
Cave Spring Jaycees which was the first
Jaycees chapter to adopt-a-school. She stated
that in addition to these outreach programs,
teachers at Virginia Heights go the extra
mile, the majority of whom are participants in
the Roanoke City School's Mini-Grant Program
which provides additional funding for extra
materials in order to supplement the
curriculum, and teachers are involved in
numerous extra programs which are designed to
help students. She pointed out that Virginia
Heights Elementary School also houses the
hearing impaired program. She added that
Virginia Heights is a school of excellence,
but in order to maintain that level of
excellence, further funding of the budget and
Supplemental Budget is needed.
Ms. Dorothy B. Cooper, President, Roanoke
Education Association (REA), 50 Frederick
Acres Drive, Hardy, Virginia, requested that
Council give the members of the REA the same
professional treatment that Members of City
Council are afforded when they appear before
the Association. She stated that the School
Board is attempting to lower the standards of
educators in Roanoke City by continually
passing them by as if they are second class
citizens. She advised that school
administrators purchased some of the best
available computer hardware and software for
their offices, but choose to pay much less
than a fair rate to the educators of the
children of the City of Roanoke and
ultimately, the children will pay for this
mistake because teachers will be forced to
work a second job in order to make ends meet
which will detract from the quality of
teaching. She pointed out that the years of
state mandates for salaries of educators are
over for awhile, however, during the years
2O6
when salary increases were mandated, the
School Board chose to use the money earmarked
for teacher's salaries for other programs and
City Council approved their recommendations,
advising that the funds which were spent
elsewhere during the mandated years have come
back to haunt the system. She stated that a
report of the Virginia Education Association
notes that in the past five years, Roanoke has
moved from 39th to 62nd in the State for the
maximum salary for an educator, and the
minimum salary has dropped from 38th to 64th
for the City of Roanoke. She further stated
that teachers graduating from colleges will
accept employment with the best school
systems, those systems that respect their
educators and pay them in a manner befitting
the professionals they are. She requested
that Council support the School's Supplemental
Budget which provides educators with more
money or that Council refer the school budget
back to the School Board to improve upon the
salary structure for educators. She asked
that Council take into consideration that
state mandates were diverted, salaries and
tiers were frozen last year, and in 1990, the
pay raise did not cover the cost-of-living
increase for that particular year. She
requested that teachers not be asked to
continue to pay 1992 bills with a 1990 income.
Ms. Sally S. Sebrell, representing the Parent-
Teacher Association at James Madison Middle
School, 130 27th Street, S. E., advised that
there have been many positiue changes in the
Roanoke City Schools; that the change from the
junior high school concept to the middle
school concept was successfully implemented
and those at Madison~Middle School express
appreciation to Council for its financial and
moral support. She expressed appreciation for
Council's support of full day kindergarten in
all of the City's elementary schools which
means that all children in the City will have
equal footing as they start their journey of
education, and should therefore enter the
middle schools better prepared. She added
that budget cuts, nationwide, are continuing
and hopefully the recession is slowing down,
but there is still recovery time ahead. She
noted that persons at Madison Middle School
207
appreciate the restraints under which the City
must operate, and called attention to ways in
which Madison is working to supplement its
budget in areas where the budget has been cut
over the years. She stated that such
programs include an "unfundraiser" which
appeals to parents of students to donate
money, thereby replacing the need for candy
sales, etc., with the bulk of the funds having
been spent on restocking the library,
purchasing a portable sound system to be used
throughout the year, providing clothing, shoes
and eyeglasses for those students who cannot
afford them, a scholarship fund for students
who otherwise would not be able to go on field
trips, preparation and payment for newsletters
which are sent to parents in order to keep the
lines of communication open, and a grounds
improvement program which will allow some
students to become involved in the care of
trees, etc. She stated that technology is
changing almost by the second; that equipment
is expensive and sophisticated and the PTA can
and has helped with the purchase of different
types of computer software, however, if the
City of Roanoke is desirous of its children
being knowledgeable and competitive when they
go from the different educational levels to
the eventual job market or to college, the
City will have to continually upgrade the
technical equipment used in the schools. In
connection with teacher salaries, she
suggested that each Member of Council visit a
classroom at each level of school before
voting on the school budget, advising that it
is impossible to understand the complexities
of teaching until one has been involved in a
classroom setting because all levels have
their own particular problems. She stated
that teachers of today are being asked to not
only teach but to solve all societal problems
which is most unfair to the teacher. She
commented that if the number of qualified
teachers entering and remaining in the field
of education in Roanoke is to be increased,
the area must be competitive in its level of
funding for teacher salaries. She stated that
the future of the City lies with its children
and there is nothing more important that
Council will vote on than the Supplemental
School Budget, advising that education is the
2O8
only salvation for many children and for
others, it is the ingredient that will make
them potential leaders in science, medicine,
the arts and the community in general. She
asked that Council not be satisfied with
mediocrity, but instead vote for excellence,
however, without available technology and
increased teacher salaries, excellence is
impossible. She requested that Council fully
fund the Supplemental School Budget.
Mr. Thomas Chapman, 2115 Rutrough Road, S. E.,
advised that he appeared before Council as a
"happy" parent. He stated that he was pleased
to know that full day kindergarten will be
available to all children in the City school
system. He expressed concern that teacher
salary increases have been included in the
Supplemental Budget submitted by the School
Board, advising that salaries should not be a
supplemental item but a key issue. He stated
that the issue is not Just attracting new
teachers as they graduate from college, but
retaining the excellent staff that currently
exists in the Roanoke City school system. He
added that Roanoke City is not competitive in
the Valley and continues to slip in the area
of salaries, and it is important that Council
favorably consider the Supplemental Budget in
order to at least stay even. He called
attention to other items in the Supplemental
Budget that should have been included in the
main budget, such as issues of plant
maintenance and purchase of adequate supplies,
advising that many projects are assumed by
Parent-Teacher Associations which they should
not be called upon to fund. He stated that
PTA's are being asked to provide basic
equipment and supplies because of the failure
by the City to fully fund the needs of the
school system. He requested that Council take
a good hard look at the Supplemental Budget
and realize that it is supplemental only
because of a quirk of the budgeting mechanism,
advising that certain items are included in
the Supplemental Budget which are basic to
maintaining the school system.
209
There being no other persons who wished to be heard, the Mayor
declared the special meeting adjourned at 8:05 p.m.
A P ROVE D
~ss~.. ~)~
City Clerk
Mayor
210
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
May 4, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, May 4, 1992,
at 2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor
presiding, pursuant to Rule 1, ~egular Meetings, of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Howard E. Musser, William White,
Sr., Elizabeth T. Bowles (arrived at 2:45 p.m.), Beverly T.
Fitzpatrick, Jr., and Mayor Noel C. Taylor ...................... 5.
ABSENT: Council Members David A. Bowers and James G.
Harvey, II ........... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dtbllng, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Everett L. Kier, Jr., Pastor, Grace Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
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.
PENDING LIST: A list of items pending from July 10,
1978, through April 27, 1992, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
.!
ACTION:
ACTION:
Mr. Fitzpatrick moved that the pending list be
received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Musser, White, Fitzpatrick
and Mayor Taylor ...... 4.
NAYS: None .... 0.
(Council Members Bowers and Harvey were absent.)
(Council Member Bowles had not entered the meeting.)
ECONOMIC DEVELOPMENT COMMISSION: A report of
qualification of Elizabeth S. Doughty as a member of the
Economic Development Commission, for a term ending
June 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Fitzpatrick
and Mayor Taylor-- 4.
NAYS: None 0.
(Council Members Bowers and Harvey were absent.)
(Council Member Bowles had not entered the meeting.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of
qualification of Lenora V. Williams and Dale C. Allen as
members of the Roanoke Neighborhood Partnership Steering
Committee, for terms ending November 11, 1992, and
November 10, 1993, respectively, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
212
ACTION:
ACTION:
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Fitzpatrick
and Mayor Taylor--- -4.
NAYS: None 0.
(Council Members Bowers and Harvey were absent.)
(Council Member Bowles had not entered the meeting.)
HOTEL ROANOKE CONFERENCE CENTER COMMISSION: A
report of qualification of James G. Harvey, II, and
Joel M. Schlanger as Commissioners of the Hotel Roanoke
Conference Center Commission, for terms ending April 12,
1994, and April 12, 1996, respectively, was before
Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Fitzpatrick
and Mayor Taylor--- 4.
NAYS: None 0.
(Council Members Bowers and Harvey were absent.)
(Council Member Bowles had not entered the meeting.)
REGULAR AGENDA
'HEARING OF CITIZENS UPON PUBLIC MATTERS:
ARCHITECTURAL REVIEW BOARD/HISTORIC DISTRICTS: Mr.
John D. Fulton, Jr., representing the Roanoke Valley
Preservation Foundation, a valley-wide non-profit
organization, created to promote the preservation of
historic natural and cultural resources in the Roanoke
Valley, advised that Historic Preservation Week 1992 will
be celebrated across the nation from May 10 - 16; and the
Roanoke Valley Preservation Foundation is pleased that
the City of Roanoke and other Roanoke Valley governments
will observe this special week through proclamations
issued by each locality. He stated that the City of
Roanoke has been recognized, both locally and nationally,
for preservation efforts such as those in the old
213
southwest neighborhood, the City Market area, proposed
renovations to the Hotel Roanoke and others, advising
that while such recognition is extremely gratifying, the
real benefit to the community has been the preservation
of a part of the City's past and the economic impact from
increased property values as a result of these efforts.
He invited the members of Council and City staff to a
reception which will be held at the former First Baptist
Church at 407 N. Jefferson Street on Thursday, May 14, at
5:00 p.m., in honor of Preservation Week. He stated that
the City of Roanoke is an important part of the heritage
of the Roanoke Valley and the Preservation Foundation is
pleased to have the support of Council in recognition of
Historic Preservation Week.
Mr. D. Kent Chrisman, representing Old Southwest,
Inc., advised that neglected, later written off, old
southwest is a prime example of a neighborhood which has
used historic preservation as its primary tool in
combating and overcoming crime. He stated that in the
process, the community, both within and without the
neighborhood, is left with an enhanced sense of place and
belonging; that citizens derive assurance and security
through continuity and old southwest, which is a multi-
pronged public/private effort, is providing such
continuity. He added that nothing breeds success like
success, advising that old southwest has served as an
example and a catalyst for revitalization and increasing
property values in five neighborhoods, including
downtown. He stated that it is the close proximity to
the downtown area that gave old southwest its initial
appeal and which, unfortunately, later contributed to the
decline of the neighborhood. Today, however, he pointed
out that old southwest and its preservation based
successes are features which make the possibility of
downtown residential development viable inasmuch as old
southwest residents are among downtown's most loyal and
frequent customers. He stated that preservation based
revitalization provides the only broadly successful tool
in revitalizing landlocked communities such as Roanoke;
that the decay will either spread, stagnate or atrophy;
and in Roanoke over the past ten years, revitalization
has atrophied since preservation efforts began to yield
results. He further stated that as a part of Roanoke's
largest and the state's second largest historic district,
the citizens of old southwest are proud to be a part of
this most viable element of historic preservation.
Dr. John R. Kern, Director, Roanoke Regional
Preservation Office, advised that Roanoke is one of ten
cities featured in "America's Downtowns Growth: Politics
214
ACTION:
and Preservation" published by the National Trust,
featuring such programs as Roanoke's Design '79, zoning
and preservation in old southwest, low interest loans in
the H-1 District, CDBG matching funds for facade
restoration, design review assistance and location of the
Regional Preservation Office. He invited the Mayor and
Members of Council to attend activities in connection
with an upcoming meeting of the combined State Review
Board for the National Register of Historic Places and
the Virginia Landmark Board of Historic Resources on June
16 and 17 in Roanoke.
Mr. Fitzpatrick moved that the remarks of Messrs.
Fulton, Chrisman and Kern be received and filed. The
motion was seconded by Mr. Musser and adopted.
The Mayor presented Mr. Fulton with a Proclamation
declaring May 10 - 16, 1992, as Preservation Week in the
City of Roanoke.
(For full text, see Proclamation on file in the City
Clerk's Office.)
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET-GRANTS: The City Manager submitted a written
report advising that the City of Roanoke receives an
annual grant of funds from the U. S. Department of
Housing and Urban Development (HUD) based on a formula
which considers age of housing, poverty levels and other
"distress" factors; that the amount of the Community
Development Block Grant (CDBG) is closely related to how
much the U. S. Congress appropriates nationwide, rather
than anything that the City of Roanoke does; and since
1974, the City has received approximately $32 million in
CDBG funds which have been used on numerous projects in
housing, economic development, community services and
public improvements.
It was explained that the City's CDBG entitlement
will be $1,899,000.00 for the fiscal year beginning
July 1, 1992, or a $132,000.00 increase over fiscal year
1992, and to that will be added $538,000.00 in program
income generated by the grant program from previous
years, and new Housing and Urban Development CDBG funds,
215
added to $461,137.00 unspent from previous years, will
leverage an estimated $4,882,076.00 in additional monies
from federal, state and private sources, for a total
program scope of $7,780,213.00.
The City Manager advised that citizen hearings and
workshops were held on January 16, and April 14 in order
to obtain recommendations of citizens and to identify
revitalization needs for the coming year; that public
hearing results were that citizens are concerned about
housing, activities for youth to combat drug abuse, and
neighborhood economic development as primary problems
facing their neighborhoods; and 63 proposals requesting
CDBG funding totalling $6,382,235.00 were received by the
City and reviewed, and new funding available totals
$2,554,556.00.
It was pointed out that 13 new projects are being
recommended for funding, 27 on-going projects are
recommended to have funds added to them; and five
projects are on-going without the need for additional
funds; that 26 projects ware submitted which are not
being recommended for funding at this time; and with 45
individual projects and activities funded in whole or in
part with CDBG funds, the fiscal year 1993 program has
been designed to accomplish the following: provide
adequate housing, provide adequate Jobs/employment,
reduce instances of crime and drug abuse, empower
citizens and neighborhood organizations, maintain and
improve City infrastructure, compliance with federal laws
and regulations, and promote community pride.
Mr. Herbert noted that of the $1,650,561.00 in CDBG
funds from all sources available for projects in the
fiscal year 1993 budget, $1,283,811.00, or 78 per cent,
are expected to benefit low and moderate income persons.
In conclusion, the City Manager advised that the
proposed CDBG budget and program is responsive to stated
concerns of citizens of Roanoke, as well as meeting
regulatory requirements of HUD; that the program provides
for housing improvements, business development, creation
of new Job opportunities, human development, the
strengthening of neighborhood organizations and adequate
administrative oversight for the entire program which
will allow the City to building upon the successes of the
past and meet certain urgent critical needs.
The City Manager further advised that Council has
scheduled an evening public hearing on Monday, May 11,
1992, to receive comments of citizens; and at that time,
216
Council will be requested to authorize the City Manager
to submit the 1992-93 Statement of Objectives to the
Richmond Office of the Department of Housing and Urban
Development for their review.
(For full text, see report on file in the City Clerk's
Office.)
At this point, 2:45 p.m., Mrs. Bowles entered the
meeting.)
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HEALTH DEPARTMENT-CITY EMPLOYEES-PERSONNEL
DEPARTMENT: The City Manager submitted a written report
with regard to implementation of Bloodborne Pathogens -
Occupational Safety and Health Administration Standard
1910.1030, advising that bloodborne pathogens are
microorganisms in human blood that can cause disease in
humans which can include the Hepatitis B virus and the
Human Immunodeficiency virus, which causes AIDS; that the
Virginia Occupational Safety and Health Codes Board,
which is part of the Virginia Department of Labor and
Industry, has adopted a federal regulation which is
intended to reduce on-the-Job risks for employees who
have occupational exposure to blood and other potentially
infectious materials; that the Standard mandates specific
work practices, the use of personal protective equipment
such as face shields, goggles, gloves and pocket masks,
training to reduce on-the-Job risks for all employers who
have reasonable potential for exposure to blood or other
infectious body fluids, medical follow-up for employees
who experience an exposure incident; and employers must
offer, at no cost to at-risk employees, Hepatitis B
vaccinations.
It was further advised that in order to be in
compliance with the Standard, the City needs to take the
following actions: implement an infection control plan by
August 1, 1992, and work is well under way to complete
departmental control plans; implement an information and
training program to applicable departments by
September 1, 1992, which training will emphasize reducing
on-the-job risks for employees who have exposure to body
fluids; and begin to vaccinate and provide protective
equipment to employees to ensure compliance with the
Standard by October 1, 1992.
2].7
ACTION:
The City Manager recommended that Council approve
implementation of the mandate and approve transfer of
funds, in the amount of $80,059.36, from Contingency
Reserve, Account No. 001-002-9410-2199, to Personnel
Management, Medical Account No. 001-050-1261-2062.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#30977-050492) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance~ see Ordinance Book No. 53,
page 473.)
Mr. Musser moved the adoption of Ordinance No.
30977-050492. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick and Mayor Taylor-- 5.
NAYS: None
(Council Members Bowers and Harvey were absent.)
BUDGET-ARMORY/STADIUM: The City Manager submitted
a written report with regard to Change Order No. 1 to the
contract with Construction Services of Roanoke, Inc., for
repair and replacement of the masonry wall in the west
stands at the south end of Victory Stadium, advising that
a construction contract was awarded on March 23, 1992, in
the amount of $21,200.00, with 90 consecutive calendar
days for completion of the work, and a contingency amount
of $1,300.00.
It was further advised that the contractor started
demolition of the masonry wall on April 13, 1992; that
the contract called for demolition of the masonry wall to
the extent shown on contract drawings; that the
contractor was also required to carefully remove and
protect what was believed to be a limestone belt at the
level of the parapet wall at the top of the stadium
seating and another belt course approximately halfway
down the remainder of the wall; and when demolition had
progressed down to the first belt course, it was
218
determined that it was poured in place concrete; that
because of the large bulge in the wall, from wall
failure, the belt course was broken to the extent that it
could not be reused and a precast concrete belt course is
recommended to replace the broken parapet wall belt
course.
The City Manager explained that demolition
progressed downward until the press box floor level was
reached; that at this point it became apparent why the
masonry wall had failed; that the roof of the press box
is a concrete slab supported by two angles as beams about
every 12 feet on centers; that the beams are supported by
columns ~ade of two angles that were resting on the press
box floor; that there was no bearing plate under the
angle columns nor was there any anchorage of the slab;
that as the roof slab deflected with age, it moved the
bottom of the columns outward and pushed the wall out in
the process; that the columns have to be pulled back to
their original bearing position, plumbed on both axes,
provided with a bearing surface and properly anchored to
the floor; and the lower belt course was also found to be
poured concrete, however, it had not been deformed by
wall movement to the extent that it could not be reused.
The City Manager recommended that he be authorized
to execute Change Order No. 1 to the contract with
Construction Services of Roanoke, Inc., in the amount of
$3,274.00; and that the Director of Finance be authorized
to transfer $1,974.00 from Maintenance of Fixed Assets,
Account No. 001-002-9410-2201, to Building Maintenance
Outside Contractors, Account No. 001-052-4330-3056, to be
combined with the project contingency amount of
$1,300.00, for a total change order sum of $3,274.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#30978-050492) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 474.)
219
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
30978-050492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White,
Fitzpatrick and Mayor Taylor---
Bowles,
5.
NAYS: None -0.
(Council Members Bowers and Harvey were absent.)
BUDGET-CITY ENGINEER-EQUIPMENT-PARKS AND
PLAYGROUNDS: The City Manager submitted a written report
with regard to bids for a new street sweeper and a five
ton forklift recommending that Council accept the
following bids and reject all other bids received by the
City:
one new street sweeper from J. W. Burress, Inc.,
for a total amount of $68,900.00
one new five ton fork lift from Werres Corporation,
for a total amount of $25,667.00
It was further recnmmended that Council appropriate
$94,567.00 from the Capital Maintenance and Equipment
Replacement Account to Grounds Maintenance, Account No.
001-050-4340-9010.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#30979-050492) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 475.)
220
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
30979-050492. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser,
Fitzpatrick and Mayor Taylor--
White, Bowles,
NAYS: None ........
ACTION:
(Council Members Bowers and Harvey were absent.)
Mrs. Bowles offered the following resolution:
(#30980-050492) A RESOLUTION accepting bids for
certain vehicular equipment and rejecting certain other
bids for such equipment.
(For full text of Resolution, see Resolution Book No. 53,
page 476.)
Mrs. Bowles moved the adoption of Resolution No.
30980-050492. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, White,
Fitzpatrick and Mayor Taylor--
Bowles,
-5.
NAYS: None 0.
(Council Members Bowers and Harvey were absent.)
REPORTS OF COMMITTEES:
BUDGET-STREETS AND ALLEYS: Council Member William
White, Sr., Chairman of a committee appointed by the
Mayor to tabulate bids received for asphalt concrete
overlays and pavement profiling of various streets within
the City, presented a written report on behalf of the
committee, recommending that Council take the following
actions:
Award a contract to Virginia Asphalt Paving
Co., Inc., in the amount of $951,807.05, and
establish a contingency, in the amount of
$5,192.95, for a total amount of $957,000.00,
subject to adoption of the fiscal year 1992-93
budget by Council which includes $650,000.00
for the paving program.
221
ACTION:
Transfer $15,969.00 from Personnel Lapse
(Engineering Department) Account No. 001-052-
4310-1004 to the Annual Paving Program,
Account No. 001-052-4120-2010.
Reject all other bids received by the City.
The City Manager submitted a written report
concurring in the recommendation of the com~ittee,
advising that the 41,135 tons of asphalt will pave 75
lane miles of streets, transmitting information with
regard to the 17 year history of the street paving
program, and further advising that the average number of
lane miles paved during a 16 year period is 61, which is
greater than the 57 lane miles desired each year.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(%30981-050492) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 477.)
Mr. White moved the adoption of Ordinance No. 30981-
050492. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick and Mayor Taylor ....... 5.
NAYS: None 0.
(Council Members Bowers and Harvey were absent.)
Mr. White offered the following emergency ordinance:
(%30982-050492) AN ORDINANCE accepting the bid of
Virginia Asphalt Paving Co., Inc., for paving and
profiling of various streets, upon certain terms and
conditions, and awarding a contract therefor; authorizing
the proper City officials to execute the requisite
222
ACTION:
contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 478.)
Mr. White moved the adoption of Ordinance No. 30982-
050492. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick and Mayor Taylor ............. 5.
NAYS: None 0.
(Council Members Bowers and Harvey were absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ARMORY/STADIUM-SPECIAL PERMITS-CELEBRATIONS:
Ordinance No. 30971-050492 waiving the standard rental
fee for use of the National Guard Armory on May 16, 1992,
for a Spring Railfair and granting concession rights in
conjunction with such event, having previously been
before the Council for its first reading on Monday,
April 27, 1992, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final
adoption:
(#30971-050492) AN ORDINANCE waiving the standard
rental fee for use of certain facilities for a Spring
Railfair and granting concession rights in conjunction
with such event.
(For full text of Ordinance, see Ordinance Book No. 53,
page 472.)
223
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
30971-050492. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles and
Mayor Taylor- 4.
NAYS: None---
(Council Members Bowers and Harvey were absent.)
(Council Member Fitzpatrick abstained from voting.)
STADIUM/ARMORY-SPECIAL PERMITS: Ordinance No.
30972-050492 amending Ordinance No. 30944-041392, adopted
on April 13, 1992, changing certain dates on which
automobile racing may occur at Victory Stadium by
Donald F. Taylor by deleting references to May 1, 1992
and June 12, 1992, having previously been before the
Council for its first reading on Monday, April 27, 1992,
read and adopted on its first reading and laid over, was
again before the body, Mr. Fitzpatrick offering the
following for its second reading and final adoption:
(#30972-050492) AN ORDINANCE amending Ordinance No.
30944-041392, adopted April 13, 1992, to change certain
dates on which automobile racing may occur at Victory
Stadium.
(For full text of Ordinance, see Ordinance Book No. 53,
page 473.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30972-050492. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick and Mayor Taylor-- - ...... 5.
NAYS: None
(Council Members Bowers and Harvey were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS:
224
SCHOOLS-PARKS AND PLAYGROUNDS: Ms. Paula J.
Vandegriff, 2629 Wycliffe Avenue, S. W., representing
James Madison Middle School, requested that City forces
be authorized to use City equipment to water certain
proposed new landscaping at Madison Middle School during
the summer months while school is not in session.
ACTION:
Following discussion of the request, Mrs. Bowles
moved that the matter be referred to the City Manager for
study, along with similar requests that could surface on
behalf of other City schools. The motion was seconded by
Mr. Fitzpatrick and adopted.
There being no further business, the Mayor declared the
meeting adjourned at 3:25 p.m.
APPROVED
ATTEST:
City Clerk
225
PERSONNEL COMMITTEE
May 6, 1992
ROANOKE CITY COUNCIL
1:10 p.m.
A meeting of the City Council Personnel Committee was called
to order on Wednesday, May 6, 1992, at 1:10 p.m., in Room 306, 215
Church Avenue, S. W., Municipal North, with Chairman Howard E.
Musser presiding.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, William White, Sr., Mayor
Noel C. Taylor and Chairman Howard E. Musser .... 6.
ABSENT: Council Member David A. Bowers 1.
OFFICERS PRESENT: Mary F. Parker, City Clerk.
ACTION:
COUNCIL: Mr. Fitzpatrick moved that the Personnel
Committee meet in Executive Session to discuss personnel
matters, specifically the salaries of Council-Appointed
Officers, pursuant to Section 2.1-344(A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White, Mayor Taylor and Chairman Musser- 6.
NAYS: None
-0.
ACTION:
(Council Member Bowers was absent.)
At 1:13 p.m., the Committee convened in Executive
Session.
At 2:00 p.m., the meeting reconvened in open session
in Room 306, Municipal North, with Chairman Musser
presiding, and all Members of the Committee in
attendance, with the exception of Mayor Taylor.
(Council Member Bowers entered the meeting during the
Executive Session.)
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Fitzpatrick moved that each Member of the
Personnel Committee 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
226
public business matters as were identified in any motion
by which any Executive Session was convened were heard,
discussed or considered by Personnel Committee. The
motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White and Chairman Musser .............................. 5.
NAYS: None 0.
(Council Member Bowers abstained from voting.)
Taylor was absent.)
(Mayor
There being no further business, the Chairman declared the
meeting adjourned at 2:03 p.m.
APPROVED
ATTEST:
City Clerk
Vice-Mayor
227
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
May 11, 1992
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, May 11, 1992,
at 7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor
presiding, pursuant to Rule 1, Regular Meetinqsf of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William White, Sr., David A. Bowers,
Elizabeth T. Bowles, James G. Harvey, II, Howard E. Musser and
Mayor Noel C. Taylor ...... 6.
ABSENT: Council Member Beverly T. Fitzpatrick .............. 1.
OFFICERS PRESENT: W. Robert Herbert~ City Manager; Wilburn C.
Dibling, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Richard L. McNutt, Pastor, Melrose Avenue United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Mr. Musser offered
the following resolution commending Curtis Blair, a
Senior guard on the University of Richmond Basketball
Team, who was selected as the Colonial Athletic
Association's College Basketball Player of the Year, Mr.
Blair having also served as a member of the 1988 Patrick
Henry High School State Group AAAChampionship Basketball
Team:
(#30983-051192)
Blair.
A RESOLUTION commending Curtis
(For full text of Resolution, see Resolution Book No. 53,
page 478A.)
228
ACTION
ACTION:
Mr. Musser moved the adoption of Resolution No.
30983-051192. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor .......... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
Mayor Taylor presented Mr. Blair with a framed copy
of Resolution No. 30983-051192, and commended him upon
his significant achievements.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Mrs. Bowles
offered the following resolution commending Russell
Turner, a Senior center on the Hampton-Sidney College
Basketball Team, who was chosen to the first team of the
1992 National Association of Basketball Coaches Division
III All-America Basketball Team, Mr. Turner having also
served as a member of the 1988 Patrick Henry High School
State Group AAA Championship Team:
(#30984-051192)
Turner.
A RESOLUTION commending Russell
(For full text of Resolution, see Resolution Book No. 53,
page 478B.)
Mrs. Bowles moved the adoption of Resolution No.
30984-051192. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor ...... 6.
NAYS: None -0.
(Council Member Fitzpatrick was absent.)
Mayor Taylor presented Mr. Turner with a framed copy
of Resolution No. 30984-051194, and commended him upon
his significant achievements.
SCHOOLS: The Mayor advised that on July 1, 1992,
there will be two vacancies on the Roanoke City School
Board, created by expiration of the terms of Ms. Sallye
T. Coleman and Mr. Thomas L. Orr. He further advised
that pursuant to Section 9-21, Public Interview of
Candidates, of the Code of the City of Roanoke (1979), as
229
amended, Council conducted interviews of the following
persons on Tuesday, April 21, 1992, at 6:30 p.m., in the
City Council Chamber:
The Reverend C. Nelson Harris
Mr. Thomas L. Orr
Ms. Melinda J. Payne
Mr. Clubert G. Poff
Mr. James W. Stephens
Ms. Ruth C. Willson
Pursuant to Section 9-22, Elections, of the Code of
the City of Roanoke (1979), as amended, which provides
that on or before May 15 of each year, Council must hold
an election to fill vacancies on the Roanoke City School
Board, the Mayor opened the floor for nominations for the
two upcoming vacancies.
Mrs. Bowles placed in nomination the name of
Thomas L. Orr.
Mr. Musser placed in nomination the name of
Clubert G. Poff.
Mr. Harvey placed in nomination the name of C.
Nelson Harris.
Mr. White placed
Melinda J. Payne.
in nomination the name of
ACTION:
ACTION:
ACTION:
FOR MR. POFF:
Musser .............
Council Members Bowers, Harvey and
3.
FOR REVEREND HARRIS: Council Members White, Bowers,
Bowles, Harvey, Musser and Mayor Taylor ......... 6.
FOR MS. PAYNE: Council Member White and Mayor
Taylor ............................ 2.
(Council Member Fitzpatrick was absent.)
The Mayor advised that at least four votes were
required for election; whereupon, he declared Reverend
Harris as the successful vote getter on the first ballot
with six affirmative votes.
230
ACTION:
ACTION:
ACTION:
The Mayor advised that it would be necessary to
conduct a second ballot in which Council members would
cast their vote for Mr. Orr, Mr. Poff or Ms. Payne;
whereupon, the following vote was recorded:
FOR MR. ORR: None
e
FOR MR. POFF:
Harvey and Musser---
Council Members Bowers, Bowles,
4.
FOR MS. PAYNE:
Taylor ..........
Council Members White and Mayor
(Council Member Fitzpatrick was absent.)
The Mayor declared Mr. Poff as the successful vote
getter on the second ballot.
The Chair then declared The Reverend C. Nelson
Harris and Mr. Clubert G. Poff as members of the Roanoke
City School Board, for terms of three years each,
commencing July 1, 1992 and ending June 30, 1995.
BID OPENINGS
CIVIC CENTER: Pursuant to notice of advertisement
for bids for demolition and removal, acoustical
enclosure, Roanoke Civic Center Auditorium, said bids to
be received by the City Clerk until 4:30 p.m., on Monday,
May 11, 1992, and to be held, opened and read before the
Council at 7:30 p.m., on that date, or as soon thereafter
as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no
representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of
the bids; whereupon, the City Clerk opened and read the
following bids:
ACTION:
BIDDER
BASE BID TOTAL
A. E. Mitchell & Co., Inc.
Harris-Johnson Industries, Inc.
$67,720.00
83,400.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. White and adopted.
231
ACTION:
ACTION:
ACTION:
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and George C. Snead, Jr.,
as members of the committee.
FLOOD REDUCTION/CONTROL-SEWERS AND STORM DRAINS:
Pursuant to notice of advertisement for bids for
Contract I, culvert replacement and channelization,
Peters Creek Flood Reduction Project, said bids to be
received by the City Clerk until 4:30 p.m., on Monday,
May 11, 1992, and to be held, opened and read before the
Council at 7:30 p.m., on that date, or as soon thereafter
as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no
representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of
the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID TOTAL
Allegheny Construction Co., Inc.
H. T. Bowling, Inc.
E. C. Pace Co., Inc.
Aaron J. Conner General
Contractor, Inc.
Branch Highways, Inc.
$1,076,956.00
1,154,478.50
1,181,782.00
1,246,821.00
1,282,859.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and Kit B. Kiser as members
of the committee.
FLOOD REDUCTION/CONTROL-SEWERS AND STORM DRAINS:
Pursuant to notice of advertisement for bids for Contract
II, clearing and snagging, Peters Creek Flood Reduction
Project, said bids to be received by the City Clerk until
4:30 p.m., on Monday, May 11, 1992, and to be held,
opened and read before the Council at 7:30 p.m., on that
date, or as soon thereafter as the matter may be heard,
the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
232
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
H. T. Bowling, Inc.
Allegheny Construction Co., Inc.
Branch Highways, Inc.
$240,900.00
405,960.00
458,150.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and Kit B. Kiser as members
of the committee.
PUBLIC HEARINGS
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, May 11,
1992, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of ACME Business Machines
that a tract of land located on the north side of Pioneer
Road at Williamson Road, N. W., containing .25 acre,
identified as Official Tax No. 2090215, be rezoned from
C-l, Office District, to C-2, General Commercial
District, subject to certain conditions proffered by the
petitioner, the matter was before the body.
Legal advertisement of the public hearing was
published In the Roanoke Times & World-News on Friday,
April 24, 1992, and Friday, May 1, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to
provide for expansion of an existing office machine
general sales office located on the adjoining C-2,
General Commercial District zoned lot, was before
Council.
The Planning Commission recommended that Council
approve the request for zoning, advising that the
rezoning would place the contiguous property and proposed
commercial development expansion within the same zoning
233
ACTION:
district classification, and the requested rezoning would
be in keeping with recommendations of the comprehensive
plan.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(#30985) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
209, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 512.)
The motion was seconded by Mrs. Bowles.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning. There being none, Ordinance No. 30985 was
adopted on its first reading by the following vote:
AYES: Council Members White,
Harvey, Musser and Mayor Taylor .....
Bowers, Bowles,
6.
NAYS: None -0.
(Council Member Fitzpatrick was absent.)
ELECTIONS-SCHOOLS-FIRE DEPARTMENT: Council having
authorized the City Clerk to advertise a public hearing
for Monday, May 11, 1992, at 7:30 P.m., or as soon
thereafter as the matter may be heard, with regard to
relocation of the polling place for the Tinker Creek
Precinct from Thrasher Park Recreation Center to No. 14
Fire Station, 1061 Mecca Street, N. E., and the proposed
temporary relocation of the polling place for Raleigh
Court No. 1 Precinct from Virginia Heights Elementary
School to No. 7 Fire Station, 1742 Memorial Avenue,
S. W., the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World News on April 24,
1992 and May 1, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.
234
ACTION:
ACTION:
Mr. White offered the following emergency ordinance:
(#30986-051192) AN ORDINANCE amending and
reordaining Section 10-28, Same - Voting place, Code of
the City of Roanoke (1979), as amended, to provide for
relocation of the polling place for Tinker Precinct from
Thrasher Park Recreation Center to No. 14 Fire Station;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 479.)
Mr. White moved the adoption of Ordinance No. 30986-
051192. The motion was seconded by Mr. Harvey.
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter.
There being none, Ordinance No. 30986-051192 was adopted
by the following vote:
AYES: Council Members White,
Harvey, Musser and Mayor Taylor ....
Bowers, Bowles,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
Mr. Harvey offered the following emergency
ordinance:
(#30987-051192) AN ORDINANCE temporarily changing
the polling place for Raleigh Court No. 1 Precinct from
Virginia Heights School to No. 7 Fire Station, 1742
Memorial Avenue, S. W.; providing for an emergency and an
expiration date for this ordinance.
(For full text of Ordinance, see Ordinance Book No. 53,
page 480.)
Mr. Harvey moved the adoption of Ordinance No.
30987-051192. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor-- 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
235
GRANTS-PLANNING-HOUSING: Council having authorized
the City Clerk to advertise a public hearing for Monday,
May 11, 1992, at 7:30 p.m., or as soon thereafter as the
matter may be heard, with regard to the proposed Fiscal
Year 1992-93 Budget for the Community Development Block
Grant Program, and the Statement of Community Development
Objectives and Projected Use of Funds, the matter was
before the body.
Advertisement of the public hearing was published in
the Neighbors Section of the Roanoke Times & World News
on April 30, 1992 and in the Roanoke Tribune on April 30,
1992.
(See affidavits on file in the City Clerk's Office.)
A report of the City Manager advising that Council
was briefed on May 4, 1992, on the recommended CDBG
program, including $1,899,000.00 new funds from the U. S.
Department of Housing and Urban Development; and citizen
input was received on January 16, 1992, April 14, 1992,
and May 11, 1992.
The City Manager recommended that he be authorized
to submit the fiscal year 1992-93 CDBG Statement of
Objectives to HUD for review and approval, with available
funding from the following sources:
1992-93 CDBG Entitlement
Estimated Program Income
Funds Transferred
Estimated Funds remaining 6-30-92
Non-CDBG matching funds
1,899,000.00
538,000.00
117,556.00
343,581.00
4t882t076.00
Total Budget
~7,780,213.00
The City Manager pointed out that upon receipt of
program and budget approval from HUD, a report detailing
the necessary budget appropriations by program and line
item, as well as contracts necessary to carry out the
fiscal year 1992-93 program, will be presented to Council
for adoption.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#30988-051192) A RESOLUTION approving the proposed
Fiscal Year 1992-93 Budget for the Community Development
Block Grant Program, and the Statement of Community
236
ACTION:
ACTION:
Development Objectives and Projected Use of Funds;
authorizing the City Manager or Assistance City Manager
to execute and submit the Statement of Community
Development Objectives and Projected Use of Funds to the
United States Department of Housing and Urban
Development (HUD); and authorizing the City Manager or
Assistance City Manager to execute the requisite Grant
Agreement with HUD.
(For full text of Resolution, see Resolution Book No. 53,
page 481.)
Mr. Harvey moved the adoption of Resolution No.
30988-051192. The motion was seconded by Mr. Musser
The Mayor advised that nine persons had registered
to speak on the matter, and inquired as to the amount of
time Council would like to allot to each speaker;
whereupon, Mrs. Bowles moved that each speaker be
requested to limit their remarks to three minutes. The
motion was seconded by Mr. Harvey and adopted.
Mr. J. Granger Macfarlane, 2402 Woodcliff Avenue,
S.E., advised that Arts at Old First applied for
$68,000.00; however, zero funding has been recommended by
the City Manager, that last year Council appropriated
$48,000.00 for Old First, and work is currently under way
to stabilize the building. He pointed out that Gainsboro
is a sensitive area, not only because of redevelopment
and housing efforts in progress, but also because of the
proposed Hotel Roanoke renovation and conference center
project, and it is felt that stabilization of Old First
and its programs to organizations currently operating in
the northwest portion of the City is important and should
rank in some order with groups that are recommended for
funding through CDBG funds. He stated that the Arts in
Old First, combined with First Baptist Church
stewardship, would provide Old First with the
opportunity, if the structure can be stabilized and is in
good condition, to not only be included under the
historic preservation category, but also in a category of
rendering educational assistance to disadvantaged youth
living primarily in the area, as well as the City at
large. He pointed out that the request is multi-faceted
and involves more than just rehabilitating and
refurbishing the inside of an old and venerable building,
advising that the actual physical location of Old First
in this sensitive area of the City is as important as its
rehabilitation with bricks and mortar.
237
Dr. Wendell H. Butler, 2118 Andrews Road, N. W.,
expressed support of the activity at Old First which will
help in the development and stabilization of the
neighborhood.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke
on behalf of the historic Gainsboro Preservation
District. She advised that Gainsboro is a sensitive area
and she wished to address Council on behalf of those
average citizens who have lived in Gainsboro for as long
as 70 years where they have maintained their homes and
they, too, would like to be an important part of the City
of Roanoke. She urged that Council remember Gainsboro
and help Gainsboro to help itself in order to improve the
area so that Arts in Old First, Hotel Roanoke and other
historic places will attract the number of citizens that
will be necessary in order for such places to be
successful. She expressed appreciation to the City for
what it has already done in Gainsboro and for what it
will continue to do so that Roanoke will grow and become
the tourist attraction that it should be.
Mr. Ren T. Heard, 1306 Salem Avenue, S. W.,
representing the West End Association, appeared before
Council on behalf of the West End Center which provides
an after school program for tutoring students. He
advised that the Center represents one of the few bright
spots in the neighborhood for many children, and
requested that the City support the growth of the Center
which presently accommodates over 100 students in a small
house on 12th Street. He advised that by moving the West
End Center to a larger location at 1226 Patterson Avenue,
S. W., not only will the Center be able to grow, but
students will be able to grow as well, and with such
growth, the neighborhood will grow because the Center
will be able to provide a variety of services.
Mr. Malcolm C. Boggs, 2936 Rosalind Avenue, S. W.,
advised that he serves on the Board of Directors of West
End Center. He pointed out that children visiting the
Center come from disadvantaged families and they need all
of the help that can be given to them; and the West End
Center is an operating reality with an after school
program that meets every week day during the school year,
as well as during the summer months. He stated that the
Center makes a positive difference in the lives of these
children, advising that if the 75 tutors who participate
in the program did not help the students with their
homework assignments, the school dropout rate would be at
a higher level. He added that the 100 children currently
participating in the program is far more than the Center
238
can accommodate under existing conditions, and requested
that Council approve the recommendation of the City
Manager to allocate $55,000.00 of CDBG funds to purchase
property located at 1226 Patterson Avenue, $. W., which
will allow for an expansion of the facility.
Mr. Stark H. Jones, 2087 Westside Blvd., N. W.,
advised that he is a former member of the West End Center
and is currently a student at Radford University. He
stated that having grown up in the southwest area, he
could recall instances of being deprived of opportunity
which left the door open for trouble; however, the choice
was up to him to choose the right or wrong path and with
the help of the West End Center, he was able to cope with
society, develop an open mind and gain self-esteem and
responsibility. He called attention to success stories
relative to other children who participated in programs
sponsored by the West End Center. He requested that
Council either fund the West End Center which will open
the doors of opportunity to the youth of tomorrow, or
reject the request for assistance and allow incidents
such as the Los Angeles riot to repeat itself.
Ms. Seaman J. Kemp, 1014-A Patterson Avenue, $. W.,
appeared before Council as a mother and called attention
to the positive affect of the West End Center on her
children. She advised that the Center helps not only
children, but parents as well, and requested that Council
fund the project so that the Center will be able to move
into larger facilities. She stated that the West End
neighborhood is riddled with violence and drugs, and, as
a mother, she worries about the safety of her children
and what they are subjected to, however, when her
children are at the Center, she does not worry about them
because they are subjected to good supervision. She
called attention to overcrowded conditions, advising that
a new Center would allow expansion of existing programs
and enable more children to participate.
'Ms. Dee Dee S. Scott, 1014-A Patterson Avenue,
S. W., a student at Patrick Henry High School, spoke on
behalf of the West End Center. She called attention to
the positive effect that the West End Center has had on
her life, advising that there are many children who want
to participate in activities and programs, but cannot do
so because the Center is beyond its operating capacity.
She referred to problems facing teens in today's society
such as pregnancy, drugs, crime, child abuse, etc.
239
Mr. Daniel J. Culkin, 5337 Crystal Creek Drive,
Roanoke County, advised that he operates a business in
Roanoke City on the corner of Patterson Avenue and Tenth
Street, in which he made a substantial investment when
certain dilapidated architecture was razed several years
ago to enable construction of a new facility. He stated
that his business is a good citizen to the neighborhood
and he serves as a volunteer tutor at the West End
Center. He advised that by not funding the West End
Center to the degree requested, Council will be ignoring
its fiscal responsibility because it is the best
investment that can be made in the citizens of that
particular area of the City.
Ms. Kaye Hale, 2432 Grandin Road, S. W., Executive
Director of the West End Center, advised that the Center
approached the Community Development Block Grant
Committee with a request for funds for the purchase price
of the building located at 13th Street and Patterson
Avenue, $. W.; that funds are available through the
Bicentennial Fund for the Presbyterian Church for the
second phase of renovation, that the fundraising
committee has made a commitment to raise initial
renovation funds of $30,000.00, and the City's Grants
Monitoring Office was helpful in suggesting various
grants that the Center would be eligible to apply for.
She pointed out that the Board of Directors has assumed
the responsibility of raising operating funds, although
it is understood that moving into a larger facility will
mean more staff and more operating costs, etc. She
advised that it should be noted that the West End Center
requested $78,000.00 in CDBG funds which is the firm
price stated by the owner of the structures at 1226
Patterson Avenue, S. W.
Mr. L. Thompson Hanes, Chairman of the Fundraising
Committee for the West End Center Renovation Project,
advised that the Committee is in the process of drafting
a proposal for potential donors. He called attention to
a proposed renovation cost breakdown in which it appears
that assuming the Center can purchase the building for
$55,000.00, an additional $46,000.00 will be needed for
renovations, and total cost of the project could be in
the range of approximately $100,000.00. He added that
the $55,000.00 of CDBG funds proposed to be allocated by
the City will be used solely to purchase the building at
1226 Patterson Avenue, S. W.
Upon question, Mr. Macfarlane advised that last
year, Council funded Arts at Old First in the amount of
approximately $48,000.00, and this year the organization
240
applied for a $68,000.00 allocation and received zero.
He pointed out that the $20,000.00 reflected in the City
Manager's report represents carry-over CDBG funds,
advising that because of asbestos abatement and the need
for restrooms, the building cannot be used as it was
intended. He stated that once a project is commenced
such as the West End Center or Arts at Old First and
others that have merit, funding should continue until the
project is substantially completed.
Mr. Bowers advised that often times the City becomes
so involved with a variety of projects, and in its
efforts to do so, does not provide the level of funding
which is necessary to complete the projects, and stated
that a different approach should be taken in order that
funds will be focused in a better way, and in so doing,
complete some of the projects which are currently
underway.
The Mayor inquired if there were other persons
present who wished to be heard on the matter. There
being none, Mr. Bowers offered a substitute motion that
the report be referred back to the City Manager for
further consideration based upon remarks by
representatives of Arts at Old First, the West End Center
and the Gainsboro community.
The Chair called for a second to the substitute
motion. There being none, he declared the substitute
motion lost.
Resolution No. 30988-051192 was then adopted by the
following vote:
AYES: Council Members White, Bowles, Harvey, Musser
and Mayor Taylor .............. 5.
NAYS: Council Member Bowers---
-1.
(Council Member Fitzpatrick was absent.)
At 9:25 p.m., the Mayor declared the meeting in
recess.
At 9:40 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Member Fitzpatrick.
241
ACTION:
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members White,
Harvey, Musser and Mayor Taylor--
Bowers, Bowles,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
ELECTIONS-COUNCIL: A communication from Alton B.
Prillaman, Secretary, Roanoke City Electoral Board,
transmitting an Abstract of Votes cast in the General
Election held in the City of Roanoke on Tuesday, May 5,
1992, was before Council.
242
"ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the May 5, 1992 General Election, for:
MAYOR
Names of Candidates
David A. Bowers
Willis M. "Wick" Anderson
M. Womack
James Belcher
Chuck Fogus
Noel C. Taylor
Beverly T. Fitzpatrick
Dale Hendrick
Total Votes
Received
(In Figures)
10,262
7,876
1
1
1
1
1
1
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on May 5, 1992, do
hereby certify that the above is a true and correct
Abstract of Votes cast at said election and do,
therefore, determine and declare that the following
person(s) have received the greatest number of votes cast
for the above office in said election:
David A. Bowers
Given under our hands this 6th day of May, 1992.
A copy teste:
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board
243
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the May 5, 1992 General Election, for:
MEMBER, CITY COUNCIL
Names of Candidates
Renee' L. Anderson
Beverly T. Fitzpatrick, Jr.
James O. Trout
Elizabeth T. Bowles
Beverly B. Lambert
Delvis O. "Mac" McCadden
Roy Jarrett
Kristine Belcher
David Phipps
Donald Duck
Michael W. Bishop
H. Ross Perot
Rlcky Whitenack
June Simmons
Total Votes
Recelved
( In Figures)
5,823
12,436
7,045
9,078
6,835
7,668
1
1
1
1
1
1
1
l
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on May 5, 1992, do
hereby certify that the above is a true and correct
Abstract of Votes cast at said election and do,
therefore, determine and declare that the following
person(s) have received the greatest number of votes cast
for the above office in said election:
Beverly T. Fitzpatrick, Jr.
Elizabeth T. Bowles
Delvis O. "Mac" McCadden
Given under our hands this 6th day of May, 1992.
A copy teste:
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board"
(For full text, see communication on file in the City
Clerk's Office.)
,!
244
ACTION:
ACTION:
Mrs. Bowles moved that the communication and
Abstract of Votes be received and filed. The motion was
seconded by Mr. Nazvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor ............ 6.
NAYS: None ---0.
(Council Member Fitzpatrick was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of
qualification of Katherine C. Cochran as a member of the
Roanoke Neighborhood Partnership Steering Committee, for
a term ending November 9, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
DIRECTOR OF FINANCE-BUDGET-ZONING-BUILDING
DEPARTMENT: The City Manager submitted a written report,
advising that in the fall of 1989, the City employed
David M. Grifflth & Associates, LTD, to conduct a review
of user fees charged in various departments; that as a
result of the study, the "Fee Compendium" establishing
certain fees, rates, assessments and charges levied by
245
II
the City was revised and adopted by Council on Monday,
November 18, 1991, pursuant to Resolution No. 30789-
111891; and in order to keep the fee schedule up-to-date
in comparison with other surrounding jurisdictions and to
recoup more of the costs to the City for specific
services provided by the Building Department that were
not included in the previously mentioned "Fee Compendium"
revision, the following seven user fees are proposed for
increase or enactment:
Current Fee
Pruposed Fee
Board of Zoning
Appeals Applications $60.00
(variances and special exception permits)
$75.00
2. Building Permit
6.00 24.00
3. Elevator Inspection
Fees
50.00 75.00
Upgrading Electrical
Services Fees Graduated Scale Graduated Scale
Plumbing Inspection
Fees Graduated Scale Graduated Scale
6. Certificate of
Occupancy
14.00 25.00
7. Re-Inspection Fees
10.00 25.00
The City Manager recommended that Council approve
the proposed fee schedule in order to decrease City
subsidies in certain areas of development within the
community, advising that additional revenues generated
total $26,450.00, and have been incorporated in the
recommended fiscal year 1992-93 budget.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#30989-051192) A RESOLUTION establishing certain
fees, rates, assessments and charges to be levied by the
City on and after July 1, 1992.
(For full text of Resolution, see Resolution Book No. 53,
page 482.)
246
ACTION:
Mrs. Bowles moved the adoption of Resolution No.
30989-051192. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White,
Harvey, Musser and Mayor Taylor .....
Bowers, Bowles,
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
PARKING GARAGES: The City Manager submitted a
written report advising that Council annually has
established parking garage fees for the following parking
garages:
Market Square Parking Garage
Municipal Parking Garage
Tower Parking Garage
Williamson Road Parking Garage
the
July
The City Manager recommended that Council approve
following revised parking garage fees, effective
1, 1992:
Market Square Parking Garage
Monthly (un-reserved) ........................ $55.00
Monthly (reserved, health and/or
security concerns) .................. 65.00
One Hour ...................................... 75
Two Hours .................................... 1.50
Three Hours .................................. 2.25
Four Hours ................................... 3.25
Five Hours or longer ......................... 4.25
Enter between 5:00 p.m. and 9:00 p.m.
Monday through Saturday ..................... 1.50
Enter after 9:00 p.m. Monday
through Saturday ............................ Free
Sunday ....................................... Free
Municipal Parking Garage
Monthly (un-reserved) ........................ $45.00
Each 1/2 Hour ($3.20 Maximum) ................. 80
Enter after 5:00 p.m. Monday
through Friday .............................. Free
Saturday and Sunday .......................... Free
247
ACTION:
~ower Parking Garage
Monthly (un-reserved) ........................ $55.00
Monthly (reserved, contractual
obligation) ................................. 60.50
One Hour ...................................... 75
Two Hours .................................... 1.50
Three Hours .................................. 2.25
Four Hours ................................... 3.25
Five Hours and longer ........................ 4.25
Enter between 5:00 p.m. and 9:00 p.m.
Monday through Saturday ..................... 1.50
Enter after 9:00 p.m. Monday
through Saturday ............................ Free
Sunday ....................................... Free
Williamson Road Parking Garage
Monthly (un-reserved) ........................ $45.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#30990-051192) A RESOLUTION providing for an
adjustment in fees charged at the Market Square Parking
Garage, the Tower Parking Garage, and the Wllliamson Road
Parking Garage.
(For full text of Resolution, see Resolution Book No. 53,
page 483.)
Mr. Musser moved the adoption of Resolution No.
30990-051192. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers,
Harvey, Musser and Mayor Taylor ....
Bowles,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
248
ACTION:
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS-EASEMENTS-CITY PROPERTY-
HOUSING: Council Member Elizabeth T. Bowles, Chairperson
of the Water Resources Committee, presented a written
report on behalf of the Committee with regard to an
encroachment into a public drainage easement at the Maple
Tree Townhouses.
A staff report advised that a storm drain easement
was dedicated to the City across the Maple Tree Town-
houses site by the Gainsboro Neighborhood Development
Corporation prior to development of the site; that the
townhouse structure incorrectly sited encroaches 3.25
feet into a portion of the easement for a distance of
31.00 feet; that the encroachment will not affect the
storm drain pipe in the easement; and guarantees should
be required of the developer that they, and not the City,
shall be responsible for the costs of any complications
to use, condition and maintenance of the storm drain line
caused by the encroachment.
The Water Resources Committee recommended that
Council authorize the appropriate City officials to
execute documentation to be prepared by the petitioner,
vacating a 3.25 foot by 31.00 foot portion of a storm
drain easement on Lot 10, Maple Tree Townhouses, which
was inadvertently encroached upon by a new structure; and
said vacation documentation shall be in a form approved
by the City Attorney and limit the City's liability due
to the encroachment of the structure into the easement.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30991) AN ORDINANCE providing for the vacation of
a portion a certain storm drain easement located on Lot
10, Maple Tree Townhouses, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 513.)
249
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members
Harvey, Musser and Mayor Taylor-
NAYS: None
White, Bowers, Bowles,
6.
e
(Council Member Fitzpatrick was absent.)
CITY PROPERTY-STATE HiGHWAYS-EASEMENTS-WATER
DEPARTMENT-PURCHASE/SALE OF PROPERTY: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources
Committee, presented a written report on behalf of the
Committee with regard to encroachment and road right-of-
way acquisition on City-owned property in the Jeter's
Chapel Mountain Beaverdam Reservoir and Watershed area.
A staff report advised that the reservoir and
surrounding watershed lands have been owned by the City
for many years; that Jeter's Chapel Mountain Road, Route
635, meanders into and out of the City's property at
several locations; that improvements to Route 635 by the
Virginia Department of Transportation have progressed in
short increments from Route 24 to near the City's
property, a distance of approximately 3.5 miles; and
Council granted an easement over City-owned property to
provide a driveway entrance to private property which was
landlocked from access to Route 635 by City property,
pursuant to Ordinance No. 26835, adopted on January 3,
1984.
It was further advised that additional road right-
of-way is needed by the Virginia Department of
Transportation to extend the improvements to Route 635
through the City's property; that plans have been
submitted and reviewed by City Water and Engineering
Departments and found to be acceptable; that landlocked
property, currently owned by Malcolm M. Doubles and in
the process of being sold to Jesse D. Sorrells is
affected by the Virginia Department of Transportation's
right-of-way acquisition for Route 635 and by the fact
that a survey has shown an accessory structure to be
encroaching on the City's property; that Mr. Doubles has
asked to purchase a 0.055 acre triangular parcel of City
property lying between his property and the old right-of-
way line of Route 635 for $150.00; and this building is
also affected by the Bedford County Subdivision Ordinance
inasmuch as it violates setback requirements.
250
ACTION=
It was pointed out that an agreement has been
reached between Mr. Doubles, Mr. Sorrells, the Virginia
Department of Transportation and the Bedford County
Subdivision Agent, which is acceptable to Roanoke City
staff, as follows:
Mr. Doubles will purchase the 0.055 acre parcel
from the City for $150.00 and add it to his
property, which satisfies the County subdivision
requirements regarding encroachment and setback.
Mr. Doubles, upon acquisition of the City parcel,
will immediately donate a portion of the newly
combined properties needed for right-of-way for
Route 635 to the Virginia Department of
Transportation.
Mr. Sorrells will then acquire the remainder of Mr.
Doubles' parcel.
It was explained that dedication of right-of-way
needed by the Virginia Department of Transportation to
improve Route 635 through the City's property should
proceed concurrently with property adjustments regarding
Mr. Doubles' property.
The Water Resources Committee recommended that
Council authorize the sale of a 0.055 acre parcel of
City-owned property to Malcolm M. Doubles and dedication
of right-of-way needed by the Virginia Department of
Transportation for improvement of Route 635, all in the
Beaverdam Reservoir Watershed property.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30992) AN ORDINANCE providing for the sale of a
certain .055 acre parcel of City owned property and the
dedication to the Virginia Department of Transportation
of certain City owned right-of-way located in the
Beaverdam Reservoir Watershed, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 514.)
251
ACTION:
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor .......... 6.
NAYS: None --- 0.
(Council Member Fitzpatrick was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BUDGET: A certificate of the Director of Finance
advising that funds required for the 1992-93 General
Fund, Water Fund, Sewage Treatment Fund, Roanoke Civic
Center Fund, Internal Service Fund, Transportation Fund
and Nursing Home Fund budgets will be available for
appropriation, was before Council.
(For full text, see certificate on file in the City
Clerk's Office.)
Mr. Harvey moved that the certificate be received
and filed. The motion was seconded by Mr. Musser and
adopted.
BUDGET: Mr. Musser offered the following emergency
Ordinance adopting the annual General Fund Appropriation
of the City of Roanoke for the fiscal year beginning
July 1, 1992, and ending June 30, 1993, in the total
amount of $159,407,933.00:
(#30993-051192) AN ORDINANCE adopting the annual
General Fund Appropriation of the City of Roanoke for the
fiscal year beginning July 1, 1992, and ending June 30,
1993; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 485.)
252
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No.
30993-051192. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers,
Harvey, Musser and Mayor Taylor--
Bowles,
NAYS: None ...... O.
(Council Member Fitzpatrick was absent.)
BUDGET-WATER DEPARTMENT: Mrs. Bowles offered the
following emergency Ordinance adopting the annual Water
Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 1992, and ending June 30, 1993, in
the total amount of $7,465,487.00:
(#30994-051192) AN ORDINANCE adopting the annual
Water Fund Appropriation of the City of Roanoke for the
fiscal year beginning July 1, 1992, and ending June 30,
1993; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 488.)
Mrs. Bowles moved the adoption of Ordinance No.
30994-051192. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White,
Harvey, Musser and Mayor Taylor-
Bowers, Bowles,
6.
NAYS: None--- 0.
(Council Member Fitzpatrick was absent.)
BUDGET-SEWERS AND STORMDRAINS: Mr. Harvey offered
the following emergency Ordinance adopting the annual
Sewage Treatment Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1992, and
ending June 30, 1993, in the total amount of
$6,819,000.00:
(#30995-051192) AN ORDINANCE adopting the annual
Sewage Treatment Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1992, and
ending June 30, 1993; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 489.)
253
ACTION:
ACTION:
Mr. Harvey moved the adoption of Ordinance No.
30995-051192. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White,
Harvey, Musser and Mayor Taylor-
Bowers, Bowles,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
BUDGET-CIVIC CENTER: Mr. Harvey offered the
following emergency Ordinance adopting the annual Civic
Center Fund Appropriation of the City of Roanoke for the
fiscal year beginning July 1, 1992, and ending June 30,
1993, in the total amount of $2,105,780.00:
(#30996-051192) AN ORDINANCE adopting the annual
Civic Center Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 1992, and ending
June 30, 1993; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 491.)
Mr. Harvey moved the adoption of Ordinance No.
30996-051192. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor-- 6.
NAYS: None --- 0.
(Council Member Fitzpatrick was absent.)
BUDGET: Mrs. Bowles offered the following emergency
Ordinance adopting the annual Internal Service Fund
Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1992, and ending June 30, 1993, in the
total amount of $8,524,366.00:
(#30997-051192) AN ORDINANCE adopting the annual
Internal Service Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1992, and
ending June 30, 1993; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 492.)
254
ACTION:
ACTION'.
Mrs. Bowles moved the adoption of Ordinance No.
30997-051192. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members
Harvey, Musser and Mayor Taylor-
NAYS: None ---
White, Bowers, Bowles,
6.
®
(Council Member Fitzpatrick was absent.)
BUDGET: Mr. Musser offered the following emergency
Ordinance adopting the annual Transportation Fund
Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1992, and ending June 30, 1993, in the
total amount of $2,163,860.00:
(#30998-051192) AN ORDINANCE adopting the annual
Transportation Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 1992, and ending
June 30, 1993; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 493.)
Mr. Musser moved the adoption of Ordinance No.
30998-051192. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor-- -6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
BUDGET-HUMAN RESOURCES-NURSING HOME: Mrs. Bowles
offered the following emergency Ordinance adopting the
annual Nursing Home Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1992, and
ending June 30, 1993, in the total amount of
$1,588,049.00:
255
ACTION:
(#30999-051192) AN ORDINANCE adopting the annual
Nursing Home Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 1992, and ending
June 30, 1993; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 494.)
Mrs. Bowles moved the adoption of Ordinance No.
30999-051192. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Counci~. Members White,
Harvey, Musser and Mayor Taylor ......
Bowers, Bowles,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
PAY PLAN-CITY EMPLOYEES-BUDGET: Mrs. Bowles offered
the following emergency Ordinance adopting and
establishing a Pay Plan for officers and employees of the
City, effective July 1, 1992, providing for a merit
increase of 3.0 per cent of annual base salary, upon
certain terms and conditions; authorizing annual salary
increments for certain officers and employees for use of
private motor vehicles; and repealing Ordinance Nos.
30035-50790 and 30521-51391, adopted May 7, 1990, and May
13, 1991, respectively, to the extent of any
inconsistency:
(#31000-051192) AN ORDINANCE to adopt and
establish a Pay Plan for officers and employees of the
City, effective July 1, 1992, providing for merit
increases; authorizing annual salary increments for
certain officers and employees for use of private motor
vehicles; repealing Ordinance Nos. 30035-50790 and 30521-
51391, adopted May 7, 1990, and May 13, 1991,
respectively, to the extent of any inconsistency; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 496.)
256
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
31000-051192. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
COUNCIL-PENSIONS-BUDGET: Mr. Harvey offered the
following emergency Ordinance amending certain sections
of the Code of the City of Roanoke (1979), as amended,
relating to participation of members of City Council in
the City of Roanoke Pension Plan and establishing certain
terms and conditions of such membership; providing for an
effective date on or after June 30, 1992, and providing
for repeal or "sunset" of said ordinance should the
United States Department of Treasury promulgate certain
regulations applicable to public sector pension plans:
(#31001-051192) AN ORDINANCE amending Section
22.1-44, Normal Service Retirement, and Section 22.1-45,
Early Service Retirement Allowance, of Chapter 22.1,
Pensions and Retirement, Code of the City of Roanoke
(1979), as amended, relating to participation of members
of City Council in the City of Roanoke Pension Plan and
establishing certain terms and conditions of such
membership; providing for an emergency and an effective
date; and providing for the repeal or "sunset" of this
ordinance should the United States Department of Treasury
promulgate certain regulations applicable to public
sector pension plans.
(For full text of Ordinance, see Ordinance Book No. 53,
page 498.)
Mr. Harvey moved the adoption of Ordinance No.
31001-051192. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey, Musser
and Mayor Taylor ................... 5.
NAYS: Council Member Bowers
(Council Member Fitzpatrick was absent.)
257
ACTION:
CITY EMPLOYEES-PENSIONS-BUDGET: Mr. Musser offered
the following emergency Ordinance providing for
membership of certain City officers in the City of
Roanoke Pension Plan and establishing the terms and
conditions of such membership; amending Section 22.1-3,
Membership Generally, Section 22.1-4.1, Membership to
include Council-aDpointed officers, and Section 22.1-4.2,
Membership to exclude certain officers, of Chapter 22.1,
Pensions and Retirement, Code of the City of Roanoke
(1979), as amended; and providing for an emergency and an
effective date:
(#31002-051192) AN ORDINANCE providing for
membership of certain City officers in the City of
Roanoke Pension Plan and establishing the terms and
conditions of such membership; amending Section 22.1-3,
Membership Generally, Section 22.1-4.1, Membership to
include Council-appointed officers, and Section 22.1-4.2,
Membership to exclude certain officers, of Chapter 22.1,
Pensions and Retirement, Code of the City of Roanoke
(1979), as amended; and providing for an emergency and an
effective date.
(For full text of Ordinance, see Ordinance Book No. 53,
page 500.)
Mr. Musser moved the adoption of Ordinance No.
31002-051192. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White,
Harvey, Musser and Mayor Taylor .....
Bowers, Bowles,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-CITY
MANAGER-DIRECT OF REAL ESTATE VALUATION-CITY EMPLOYEES-
MUNICIPAL AUDITOR-PENSIONS-BUDGET: Mr. Harvey offered
the following emergency Ordinance amending Section 22.1-
44, Normal service retirement, Section 22.1-45, Early
service retirement allowance, and Section 22.1-62,
Retirement and service retirement allowance generally, of
Chapter 22.1, Pensions and Retirement, relating to
participation of certain City officers in the City of
Roanoke Pension Plan and establishing certain terms and
conditions of such membership; providing for an emergency
and an effective date on or after June 30, 1992, and
providing for the sunset of this ordinance should certain
existing or future regulations under the Internal Revenue
258
ACTION:
Code promulgated by the United States Department of
Treasury regarding the qualification of public sector
pension plans become effective:
(#31003-051192) AN ORDINANCE amending Section
22.1-44, Normal service retirement, Section 22.1-45,
Early service retirement allowance, and Section 22.1-62,
Retirement and service retirement allowance generally, of
Chapter 22.1, Pensions and Retirement, relating to
participation of certain City officers in the City of
Roanoke Pension Plan and establishing certain terms and
conditions of such membership; providing for an emergency
and effective date; and providing for the suns.-t of this
ordinance should certain existing or future regulations
under the Internal Revenue Code promulgated by the United
States Department of Treasury regarding the qualification
of public sector pension plans become effective.
(For full text of Ordinance, see Ordinance Book No. 53,
page 502.)
Mr. Harvey moved the adoption of Ordinance No.
31003-051192. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey, Musser
and Mayor Taylor .......... 5.
NAYS: Council Member Bowers
(Council Member Fitzpatrick was absent.)
CITY TREASURER-CLERK OF CIRCUIT COURT-COMMISSIONER
OF REVENUE-SHERIFF-COMMONWEALTH'S ATTORNEY-CITY
EMPLOYEES-PENSIONS-BUDGET: Mr. Harvey offered the
following emergency Ordinance relating to payment of
deferred compensation on behalf of Constitutional
Officers of the City; and authorizing the Director of
Finance to execute any documents required to implement
said ordinance:
(#31004-051192) AN ORDINANCE relating to payment
of deferred compensation on behalf of Constitutional
Officers of the City; authorizing the Director of Finance
to execute any documents required to implement this
ordinance; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 505.)
259
ACTION:
ACTION:
Mr. Harvey moved the adoption of Ordinance No.
31004-051192. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor ....................... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
PENSIONS-BUDGET: Mrs. Bowles offered the following
emergency Ordinance providing for certain supplemental
benefits (three per cent increase) under the City of
Roanoke Pension Plan to certain members of such Plan and
certain of their surviving spouses, effective July 1,
1992:
(#31005-051192) AN ORDINANCE providing for certain
supplemental benefits under the City of Roanoke Pension
Plan to certain members of such Plan and certain of their
surviving spouses; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 506.)
Mrs. Bowles moved the adoption of Ordinance No.
31005-051192. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor .......... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
CITY CODE-TAXES-BUDGET: Mr. Harvey offered the
following emergency Ordinance amending and reordaining
Section 32-190, Levied; amount, Code of the City of
Roanoke (1979), as amended, to establish a new cigarette
tax rate of $.007 per cigarette, effective July 1, 1992:
(#31006-051192% AN ORDINANCE amending and
reordaining Section 22-190, Levied; amount, Code of the
City of Roanoke (1979), as amended, to establish a new
cigarette tax rate of $.007 per cigarette; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 508.)
260
ACTION:
ACTION:
ACTION:
Mr. Harvey moved the adoption ~ Ordinance No.
31006-051192. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor' 6.
NAYS: None
(Council Member Fitzpatrick was absent.)
CITY CODE-BUDGET-TAXES: Mrs. Bowles offered the
following emergency Ordinance amending and reordaining
Section 32-240, Levied; rate, Code of the City of Roanoke
(1979), as amended, to establish a new transient
occupancy tax equivalent to five per cent of the total
amount paid for room rental by or for such transient to
any hotel, effective July 1, 1992:
(#31007-051192) AN ORDINANCE amending and
reordaining Section 32-240, Levied; rate, Code of the
City of Roanoke (1979), as amended, to establish a new
transient occupancy tax rate; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 509.)
Mrs. Bowles moved the adoption of Ordinance No.
31007-051192. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor--- 6.
NAYS: None --0.
(Council Member Fitzpatrick was absent.)
CITY CODE-TAXES-DIRECTOR OF FINANCE-COMMISSIONER OF
THE REVENUE: Mr. Musser moved that the following
Ordinance be placed upon its first reading:
(#31008) AN ORDINANCE amending and reordaining the
Code of the City of Roanoke (1979), as amended, by
repealing Sec. 2-222, Monitoring of franchise payments;
by amending and reordaining Sec. 32-1, Definitions,
Sec. 32-173, Duty of seller to collect~ report and remit,
Sec. 32-174, Seller's records, Sec. 32-175, Duty of
director of finance to collect, Sec. 32-176, Failure to
pay, violations of article, Sec. 32-216, Definitions,
261
Sec. 32-217, Levied; rate, subsections (a), (b) and (c)
of Sec. 32-221, Report and remittance, Sec. 32-222,
Failure to collect, report or remit, Sec. 32-223, Records
to be kept, Sec. 32-225, Temporary or transient places
of amusement or entertainment, Sec. 32-226, Violations of
article, Sec. 32-227, Powers and duties of director of
finance under article, Sec. 32-243, Report and
remittance, Sec. 32-244, Failure to collect~ report or
remit, Sec. 32-245, Records to be kept, Sec. 32-247,
Violations of article, Sec. 32-248, Powers and duties of
director of finance under article, Sec. 32-277, Duty of
seller to collect~ report and remit; duties of local
officials, and Sec. 32-278, Seller's records; and by
adding new Sec. 2-240, Monitorinq of franchise payments,
new Sec. 32-177, Failure to remit, new Sec. 32-178,
Monitoring tax payments, new Sec. 32-226.1, Penalty for
late remittance or false return, new Sec. 32-228,
Monitorinq tax payments, new Sec. 32-247.1, Penalty for
late remittance or false return, new Sec. 32-249,
Monitorinq tax payments, and new Sec. 32-282.1,
Monitorinq tax payments, such repeal, amendments and
additions to transfer authority for assessment and
collection of the franchise fees, utility tax, admissions
tax, transient occupancy tax and special tax on consumers
of local telephone services from the Commissioner of
Revenue to the Director of Finance; to increase the
penalty for failure to report or pay utility, admissions
or transient occupancy tax to a Class 1 misdemeanor; to
provide a monetary penalty for a late remittance or false
return for admissions and transient occupancy tax; to
clarify the method of calculation of the admissions tax;
to provide a uniform payment date and record retention
period for the above taxes; to impose a monitoring
requirement on the Director of Finance for the above
taxes; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 53,
page 515.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor-- 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
262
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
APPALACHIAN REGIONAL COMMISSION: Council Member
Bowles addressed the matter of the Appalachian Regional
Commission, advising that Congressman Richard Boucher has
introduced legislation which would authorize Montgomery
County to join the Appalachian Regional Commission and
Congressman James R. Olin will request the same
legislation for Roanoke City, Roanoke County and the City
of Salem. She stated that Roanoke is an integral part of
the Appalachian Region of Virginia and because of
Roanoke's industrial, economic, educational and social
status, it is felt that such membership would be
advantageous to the entire Roanoke Valley, advising that
by joining the Appalachian Regional Commission, the Fifth
Planning District Commission could receive additional
funding, as well as additional grants. She noted that a
Congressional presentation will be made on May 14, 1992,
to the House Public Works Committee, and called upon the
City Manager for remarks.
The City Manager submitted a written report advising
that the Appalachian Regional Commission was created by
Congress in 1965 as a mechanism for building a better
economy and quality of life for the people of the
Appalachian region; that the Virginia portion of the
Appalachian Regional Commission encompasses 21 counties,
the easternmost being Pulaski, with Covington and Clifton
Forge to the north; and participation in the Appalachian
Regional Commission was rejected in the 1960's by
officials of Roanoke because of the perceived poor image
of being associated with Appalachia.
It was further advised that the Appalachian Regional
Commission continues to fund a number of programs; that
over the last few years, funds from the Commission have
been used to support the solid waste recycling effort in
the Allegheny Highlands, special vocational programs such
as the Jackson River Vocation School, special literacy
programs in the Allegheny Highlands, and site
improvements for Covington Industrial Park and Allegheny
County Industrial Park; that Appalachian Regional
Commission funds have been used in other Virginia
communities to fund geographic information systems,
childcare centers, water/sewer line expansion and
industrial access roads; that Congressman Richard Boucher
has introduced legislation to amend the Appalachian
Regional Development Act to include Montgomery County in
the Appalachian Region; and the Fifth Planning District
Commission has been working with Congressman Olin to
263
,!
submit a similar resolution which would consider Roanoke
Valley governments for inclusion in the Appalachian
Regional Commission area.
Mr. Herbert pointed out that Roanoke governments
would not meet criteria which is normally used to qualify
a community in the region; viz:
per capita market income no greater than 67 per
cent of the United States average;
property rate at 150 per cent of the United States
average or greater; and
three year unemployment at 150 per cent of the
United States average or greater.
The City Manager advised out that Fifth Planning
District Commission staff, in conversations with
Appalachian Regional Commission staff, has been led to
believe that although Roanoke Valley governments do not
meet the above criteria, a successful argument could be
made about the link between the Roanoke Valley and those
counties in Western Virginia that do qualify, inasmuch as
what happens in the Roanoke Valley can have a dramatic
effect on those Appalachian Region communities; and the
Fifth Planning District Commission has requested Roanoke
Valley governments to adopt measures that would support
Congressman Olin's efforts to have Roanoke Valley
governments included in the Appalachian Regional
Commission.
The City Manager recommended that Council adopt a
resolution in support of Congressman Olin's effort to
pursue Roanoke City's membership in the Appalachian
Regional Commission.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31009-051192) A RESOLUTION requesting the U. S.
Congressman for the Sixth District to pursue the
inclusion of the City of Roanoke in the Appalachian
Regional Commission.
(For full text of Resolution, see Resolution Book No. 53,
page 509.)
264
ACTION:
Mrs. Bowles moved the adoption of Resolution No.
31009-051192. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White,
Harvey, Musser and Mayor Taylor .......
Bowers, Bowles,
6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
TAXES: Council Member Harvey advised that pursuant
to provisions of the Code of Virginia (1950), as amended,
the total combined income of any elderly or disabled
property owner claiming real property tax-exempt status
has increased from $22,000.00 to $30,000.00 per annum,
whereupon, he requested that the City Manager be
instructed to provide Council with a cost breakdown per
$1,000.00 increments, if the City increases the limit for
tax exempt status for elderly or disabled real property
owners, effective July 1, 1992.
TAXES-BUDGET-CITY EMPLOYEES: Council Member Harvey
expressed appreciation to the City Manager for diligently
reviewing budget figures in order to recommend a salary
increase for City employees fiscal year 1992-93. He
stated that taxpayers of the City of Roanoke were patient
this year, and not one person spoke at the public hearing
on the proposed 1992-93 Fiscal Year Budget in opposition
to funds that were proposed for expenditure and no
individual requested a real estate tax reduction;
however, he added that he was unsure as to how many more
years the citizens of Roanoke would be willing to accept
the budget without a real estate tax reduction. He
advised that he hoped the City Manager, during budget
preparation for fiscal year 1993-1994, would recommend
a substantial reduction in the real estate tax rate.
OTHER HEARINGS OF CITIZENS:
HOUSING-BONDS: Mr. Michael G. Morgan, a resident of
Clinton, New York, appeared before Council in connection
with issuance by the City of Roanoke Redevelopment and
Housiag Authority of its revenue bonds or notes, in an
amount not to exceed $4,600,000.00, to assist in the
acquisition, rehabilitation and equipping of a 168 unit
apartment complex located at 100 Kimball Avenue in the
City of Salem, known as Mount Regis Village Apartments.
He explained that the same request was approved by
Council last year, however, such approval was for a
period of one year, which has now expired. He advised
265
that the project is proposed to be acquired by financing
through tax exempt bonds issued by the City of Roanoke
Redevelopment and Housing Authority; that the bonds
require that 20 per cent of the units be occupied by
persons of low income; and the bonds are to be sold to a
mutual fund in Boston, Massachusetts. He noted that on
this date, the Housing Authority reapproved the project
unanimously; that the Salem City Council has unanimously
approved the project, and final approval is needed
Roanoke City Council; whereupon, in view of pressing time
constraints, he requested that Council act on the matter
this evening.
Mr. Harvey inquired if approval of the project will,
in any way, reduce bonding or lending capacity of the
Roanoke Redevelopment and Housing Authority.
The City Attorney advised that his review of the
resolution before Council extended generally to the form
of the measure which was found to be appropriate; that
adoption of the resolution does not constitute an
endorsement of the bonds or the credit worthiness of the
developer or the financial viability of the project; that
neither the Commonwealth of Virginia, the Housing
Authority or the City of Roanoke are obligated on the
bonds, and the full faith and credit of the City, the
Commonwealth of Virginia and the Roanoke Redevelopment
and Housing Authority is not extended or pledged in any
way by adoption of the measure. Therefore, he stated
that the measure is in standard form which is customary
with regard to such projects. As to the more technical
questions, he pointed out that he is not bond counsel and
he could not provide a one hundred per cent answer as to
whether any other project would be affected by the
granting of the request.
Mr. Morgan explained that the request will not
impact on Roanoke's ability to borrow on a bond basis in
any way; that the project is proposed to be funded by a
private activity bond which does not count against the
ability of any municipality, either Roanoke or Salem, to
borrow money.
The City Manager advised that if Council would like
to address the matter during the Council session, he
would be pleased to contact bond counsel for the Housing
Authority in order to address Mr. Harvey's question;
whereupon, the Mayor advised that Council would engage in
further discussion of the matter following the Executive
Session.
266
ACTION:
Following the Executive Session, the City Attorney
advised that he had conferred with Mr. Alton L. Knighton,
Jr., bond counsel for the Roanoke Redevelopment and
Housing Authority, as well as Mr. H. Wesley White, Acting
Executive Director of the Housing Authority, who advised
that a separate pool exists for commercial and industrial
projects and another pool exists for residential multi-
family projects; therefore, the request of Mr. Morgan
would not compete with commercial or industrial projects
that might come before Council later in the calendar
year. He explained that there is a statewide pool which
is funded on a calendar year basis and neither Mr.
Knighton or Mr. White were aware of any local project of
a similar nature that would be competitive with Mr.
Morgan's request, advising that he was told that due to
the tight economy over the last several years, funds have
been left over at the end of the calendar year.
Mr. Harvey offered the following resolution:
(#31010-051192) A RESOLUTION approving the issuance
of bonds of the City of Roanoke Redevelopment and Housing
Authority (the "Authority") for the benefit of Michael G.
Morgan (the "Developer"), to the extent required by
Section 147(f) of the Internal Revenue Code of 1986, as
amended (the "Code") and Section 15.1-1378.1 of the Code
of Virginia of 1950, as amended (the "Virginia Code").
(For full text of Resolution, see Resolution Book No. 54,
page 510.)
Mr. Harvey moved the adoption of Resolution No.
31010-051192. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor ...... 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
At 10:30 p.m., the Mayor declared the meeting in
recess.
At 10:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
267
ACTION:
ACTION:
COUNCIL: With respect to the Executive Session just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Harvey, Musser and Mayor Taylor--- 6.
NAYS: None 0.
(Council Member Fitzpatrick was absent.)
TRAFFIC: The Mayor advised that there is a vacancy
on the City of Roanoke Transportation Safety Commission,
created by the resignation of Ronald M. Sharp, and called
for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of
Richard I. Huddleston.
There being no further nominations, Mr. Huddleston
was elected as a member of the City of Roanoke
Transportation Safety Commission, for a term ending
October 31, 1992, by the following vote:
FOR MR. HUDDLESTON: Council Members White, Bowers,
Bowles, Harvey, Musser and Mayor Taylor ...... 6.
(Council Member Fitzpatrick was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised
that there is a vacancy on the Roanoke Neighborhood
Partnership Steering Committee, created by the
resignation of Ora B. McColman, and called for
nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of
Edward S. Allen.
268
There being no further nominations, Mr. Allen was
elected as a member of the Roanoke Neighborhood
Partnership Steering Committee, for a term ending
November 10, 1993, by the following vote:
ACTION:
FOR MR. ALLEN: Council Members White, Bowers,
Bowles, Harvey, Musser and Mayor Taylor-- 6.
(Council Member Fitzpatrick was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 11:00 p.m.
APPROVED
ATTEST
City Clerk
269
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
May 18, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, May 18, 1992,
at 2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor
presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., Howard E. Musser, William
White, Sr., and Mayor Noel C. Taylor .... 6.
ABSENT: Council Member James G. Harvey, II---
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Deputy Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES-PUBLIC WORKS:
The Mayor advised that he was pleased to declare May 17 -
23, 1992, as National Public Works Week in the City of
Roanoke, and called upon all citizens and civic
organizations to acquaint themselves with the problem
involved in providing public works and to recognize the
contributions that public works officials make everyday
to the health, safety and comfort of the citizens of the
City of Roanoke.
(For full text, see proclamation on file in the City
Clerk's Office.)
Pursuant to a request of the Mayor, the City Clerk
read the following names of Employees-of-the-Quarter for
1991-92 in the Public Works Directorate:
May, June, July 1991
James R. Bryant, Jr.
Lewis W. Andrews, Jr.
Cathy E. Bell
Street Maintenance Department
Solid Waste Management
Communications
270
Theodore Kaplan
Mark S. DeMaur¥
Roy E. Hartman
Arthur B. Gravely
Fleet Management
Engineering
Building Maintenance
Custodial Services
August, September~ October 1991
Shelia R. Hairston
Henry T. Haskins
Eric A. Harris
Evelyn D. Dorsey
G. Robert Barton
Carla C. Hurley
Albert L. Taylor
Signals and Alarms
Fleet Management
Street Maintenance
Community Planning
Building Maintenance
Building Inspections
Solid Waste Management
November~ December 1991~. January 1992
David A. Owen
Hulon (Sonny) Basham
Harold L. Johnson
Thomas E. Bobbitt, Jr.
Donald R. Craft
Communications
Engineering
Street Maintenance
Fleet Management
Solid Waste Management
February, March~ April 1992
William V. Gravett
James R. Parker, Jr.
Ricky D. Clemons
Rose Mary Saunders
Joe Mays, Jr.
Signals and Alarms
Street Maintenance
Fleet Management
Building Inspections
Solid Waste Management
The Mayor advised that he took great pleasure in
introducing the Employee of the Year in the Public Works
Directorate. He pointed out that this employee used only
8-1/2 days of sick leave from 1986 through 1991, and has
received a letter of commendation for his attendance;
that he received a letter of commendation from District
Fire Chief Bobbie S. Slayton for painting the Number One
Fire Station; that he does outstanding work and shows
strong leadership in his assigned area, fills in during
any absence of his supervisor and willingly accepts any
task assigned to him and his crew; and he planned and
coordinated repairs to and restoration of Memorial
Bridge, which repairs have restored the Bridge to a
condition befitting a memorial to World War II veterans.
Mayor Taylor advised that he was pleased to announce
that Mr. G. Roger Barton has been selected as the Public
Works Directorate's Employee-of-the-Year for 1991-92.
271
ACTION:
Mr. Fitzpatrick offered the following resolution:
(#31011-051892) A RESOLUTION recognizing G. Roger
Barton, as Employee of the Year in the Public Works
Directorate.
(For full text of Resolution, see Resolution Book No. 53,
page 528.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31011-051892. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor-- 6.
NAYS: None --- 0.
(Council Member Harvey was absent.)
Mayor Taylor presented Mr. Barton with a framed copy
of the above referenced resolution, an appropriately
engraved plague, and a U. S. Savings Bond.
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.
HOUSING: A communication from Hallie B. Albergotti
tendering her resignation as a Commissioner of the
Roanoke Redevelopment and Housing Authority, effective
immediately, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
272
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the communication be received
and filed, and that the resignation be accepted with
regret. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor .......... 6.
NAYS: None--- 0.
(Council Member Harvey was absent.)
HOUSING: A report of qualification of George A.
McLean, Jr., as a member of the Fair Housing Board, for
a term ending March 31, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor ......... 6.
NAYS: None
----0o
(Council Member Harvey was absent.)
PLANNING: A report of qualification of Carolyn
Hayes-Coles as a member of the City Planning Commission,
for a term ending December 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor- 6.
NAYS: None ..........
(Council Member Harvey was absent.)
273
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
SEGREGATION/INTEGRATION-AFFIRMATIVE ACTION-MINORITY
AND WOMEN OWNED BUSINESS ENTERPRISE PLAN: The City
Manager submitted a written report advising that
solicitation and award of City contracts must comply with
the City Charter and the City Procurement Code, as well
as the Virginia Public Procurement Act; that, in general,
public procurement requires the City to obtain bids and
award contracts on City projects to the "lowest
responsive and responsible bidder"; and determination of
whether a bidder is "responsible" must be made upon
considerations solely related to job performance.
It was further advised that use of minority and
women-owned business enterprises can be encouraged bythe
City within legal constraints of State Code provisions;
that general conditions for City construction contracts
prohibit employment discrimination; that known minority
firms are sent bid documents related to purchase of
materials, supplies or services; and in the case of
Federally funded projects with contracts over
$100,000.00, bid notices are mailed to designated
minority assistance organizations across the state,
advertisements are placed in minority-owned newspapers
and majority contractors are required to make a "best or
good faith effort" to utilize minority suppliers and
subcontractors.
It was explained that preliminary draft of a
minority business plan was presented to Council on
October 14, 1991; and the City Administration indicated
its intention to discuss the proposal with
representatives of minority business enterprises before
making a final recommendation to Council.
274
ACTION:
The City Manager advised that Council and the City
Administration recognize the desirability of improving
opportunities for minority and women-owned business
enterprises to participate in City contracts; that the
City's Office of Grants Compliance has worked with local
business and community groups to establish a network of
small and minority businesses; that this network was one
outcome of a small business workshop which was sponsored
by the City on October 24, 1991; that the topic of the
meeting was marketing and provided seminars and round
table discussions concerning the best ways for small and
minority businesses to market themselves; that during the
past six months, City employees have solicited comments
from representatives of minority business enterprises and
met with them to discuss a plan to provide additional
opportunities for participation in all aspects of City
expenditures; and a Minority and Women-Owned Business
Enterprise Plan has been developed in concert with local
minority business representatives and is ready for
presentation to Council.
The City Manager recommended that Council adopt the
Minority and Women-Owned Business Enterprise Plan and
instruct the City Administration to take appropriate
measures to implement the Plan, effective July 1, 1992.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31012-051892) A RESOLUTION endorsing and adopting
a Minority Business Enterprise Plan.
(For full text of Resolution, see Resolution Book No. 53,
page 529.)
Mr. White moved the adoption of Resolution No.
31012-051892. The motion was seconded by Mr.
Fitzpatrick.
Mr. Charles A. Price, Jr., 3101 Willow Road, N. W.,
advised that he supports the Minority and Women-owned
Business Plan; however, the success of any plan is based
on mutual trust and cooperation. He stated that although
he was in favor of proceeding with the proposed Plan, he
had certain reservations insofar as the effectiveness of
the Plan relative to involving minorities in the
procurement of City services. When the Plan is reviewed,
275
he added that he hoped there would be a major improvement
in minority business procurement within the City;
however, he questioned how the evaluation will be made as
to major improvements and procurement inasmuch as there
is no established criteria which could be used as a
benchmark. He advised that the Plan could be stronger in
the following areas; viz:
the bidders criteria which establishes
responsiveness must be continuously evaluated
and upgraded;
the term good faith efforts must be defined
with established criteria for evaluation;
the term sound business reasons must be
defined with criteria established for
evaluation;
establish an initial three month, six month
and twelve month review of the program, and
thereafter establish six month reviews, which
review process should include minority
businesses and women-owned businesses;
provide an annual report to Council and other
agencies on the Plan;
establish working factors and objectives which
can be used in the process of evaluating the
effectiveness of the Plan; and
incorporate the Plan in all branches and
agencies of the City, including the Roanoke
Redevelopment and Housing Authority and the
School system.
Mr. White advised that the proposed Plan has the
potential of alleviating future problems; however, there
is no recommended time period or mechanism for reporting
results to Council, and requested that the City Manager
provide a report on minority business participation
currently in effect, as well as projections as to the
increase in minority business participation based on
implementation of the Plan within 30 to 60 days.
276
Resolution No. 31012-051892 was adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor--- 6.
NAYS: None---
(Council Member Harvey was absent.)
BUDGET-JUVENILE DETENTION HOME-YOUTH: The City
Manager submitted a written report advising that the City
of Roanoke receives .funds from the United States
Department of Agriculture (USDA), through the Virginia
Department of Corrections, to enhance the food service
program of Crisis Intervention Center (Sanctuary), Youth
Haven I and Juvenile Detention Home; and funds for the
third quarter of fiscal year 1992 have been received by
the City for the facilities, as follows:
Crisis Intervention
Youth Haven I
Juvenile Detention Home
$ 1,128.11
458.37
4t668.12
TOTAL $ 6,254.60
It was further advised that United States Department
of Agriculture funds usage regulations require that the
funds be used for equipment and repairs, food costs, and
labor costs of food service workers.
The City Manager recommended that $6,254.60,
received from the United States Department of Agriculture
through the Virginia Department of Corrections be
appropriated to the Crisis Intervention Center, Youth
Haven I and Juvenile Detention Home, and increase
corresponding revenue estimates as follows:
Crisis Intervention Center - Revenue
001-020-1234-0661 - USDA - Crisis Intervention
$1,128.11 to Account No. 001-054-3360-3000
Youth Haven I - Revenue
001-020-1234-0662 - USDA - Youth Haven I
$458.37 to Account No. 001-054-3350-3000
277
ACTION:
Juvenile Detention Home - Revenue
001-020-1234-0660 - USDA - Juvenile Detention
Home $4,668.12 to Account No. 001-054-3320-
3000
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31013-051892) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 530.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31013-051892. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor ...... 6.
NAYS: None 0.
(Council Member Harvey was absent.)
PARKS AND PLAYGROUNDS-CELEBRATIONS: The City
Manager submitted a written report advising that Roanoke
Festival in the Park represents the largest annual event
in the City; that substantial City support is required
since Festival in the Park is operated almost exclusively
on City property; and a contract has been negotiated with
Roanoke Festival in the Park which would clearly
delineate services to be provided and the amount of City
expenditures to support the services.
It was further advised that Festival in the Park '92
is scheduled to begin on Thursday, May 21, 1992, and a
proposed contract has been negotiated with a limit of
$45,000.00 of City services including labor, utilities,
fees and equipment rentals.
278
ACTION:
The City Manager recommended that he be authorized
to execute the appropriate contract with Festival in the
Park, Inc.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31014-051892) A RESOLUTION authorizing the
execution of an agreement with Roanoke Festival in the
Park.
(For full text of Resolution, see Resolution Book No. 53,
page 531.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31014-051892. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor- -6.
NAYS: None ...... O.
(Council Member Harvey was absent.)
INSURANCE-PARKS AND PLAYGROUNDS-CELEBRATIONS: The
City Manager submitted a written report advising that
Roanoke's Festival in the Park has requested the use of
certain City park facilities and the barricading of
certain public streets, or portions thereof, in
connection with the 1992 Roanoke Festival in the Park
scheduled for May 21 - May 31, 1992, as follows:
Century Plaza
Crestar Plaza
Key Plaza
Elmwood Park
Smith Park
Wasena Park
Wiley Drive
(Franklin Road to Winchester Avenue)
279
Bullitt Avenue
(Jefferson Street to Elmwood Park)
Church Avenue
(Jefferson Street to Williamson Road)
Elm Avenue
(Jefferson Street to Williamson Road)
Franklin Road
(Jefferson Street to Williamson Road)
Jefferson Street
(Franklin Road to Elm Avenue
Williamson Road
(Franklin Road to Elm Avenue)
It was further advised that liability and property
damage insurance, pursuant to Section 15.1-14(9) of the
Code of Virginia, 1950, as amended, must be furnished by
organizations permitted to use public streets; that the
amount of insurance will be established by the City; that
required insurance policies must name the City of
Roanoke, its officers, officials, agents, employees and
volunteers as additional insured; and as a matter of
policy, the City requires public liability insurance for
use of all public facilities, including City parks.
The City Manager pointed out that Roanoke's Festival
in the Park has offered to provide insurance coverage
with limits of $1 million per occurrence and $2 million
per aggregate as recommended by the City's Risk
Management Officer; that the organization has also
offered to require sponsors of various events to name the
City as additional insured on their policies for the
specific sponsored event; and approval by Council of the
amount of liability insurance that Roanoke's Festival in
the Park will be asked to provide in connection with said
events is necessary.
The City Manager recommended that Council approve
insurance coverage, with liability limits of $1 million
per occurrence, and $2 million aggregate in connection
with 1992 Roanoke Festival in the Park; and that Festival
28O
ACTION:
in the Park furnish said insurance and name the City of
Roanoke, its officers, officials, agents, employees and
volunteers as additional insureds on the policy.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31015-051892) A RESOLUTION establishing the
minimum amount of public liability and property damage
insurance to be provided by Roanoke Festival in the Park
for festival activities.
(For full text of Resolution, see Resolution Book No. 53,
page 531.)
Mr. White moved the adoption of Resolution No.
31015-051892. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor-- 6.
NAYS: None---
(Council Member Harvey was absent.)
PARKS AND PLAYGROUNDS-CELEBRATIONS-STADIUM/ARMORY:
The City Manager submitted a written report advising that
Festival in the Park will begin on May 21, and continue
through May 31, with events scheduled at,Victory Stadium
on Friday, May 22 and Friday, May 29 at 7 p.m.; that
Festival in the Park is an annual event featuring arts,
crafts and entertainment which draws thousands of people;
and Victory Stadium has been requested for use by Roanoke
Festival in the Park, with a waiver of the rental fee for
concerts and the granting of concession rights and
commission; and concession proceeds and donations will be
used by Roanoke Festival in the Park to continue its
efforts to improve the event and to make activities
available to citizens at a reasonable cost. ~
It was further advised that Victory Stadium is
available on the dates requested by Roanoke Festival in
the Park; that authorization of Council is required to
waive rental fees and to grant concession rights and
commissions, pursuant to Resolution No. 24982; that
general liability insurance must be provided by the
281
ACTION:
lessee to include bodily injury and property damage, with
limits to be $2 million general aggregate and name the
City as additional insured; and a certificate of
insurance, acceptable to the Risk Management Officer,
must be deposited with the City Clerk.
The City Manager recommended that Council waive the
rental fee and grant concession rights and commission to
Roanoke's Festival in the Park, Inc., for use of Victory
Stadium on May 22 and 29, 1992.
(For full text, see report on file in the City Clerk's
Office.) ~
Mr. Fitzpatrick moved that the following Ordinance
be placed upon its first reading:
(#31016) AN ORDINANCE waiving the standard rental
fee for use of certain City facilities for Roanoke
Festival in the Park, and granting certain concession
rights in conjunction with such event.
(For full text of Ordinance, see Ordinance Book No. 53,
page 539.)
The motion was seconded by Mr. White and adopted by
the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor- 6.
NAYS: None 0.
(Council Member Harvey was absent.)
GRANTS-CITY MARKET: The City Manager submitted a
written report advising that Council approved a short-
term, low-interest Community Development Block Grant
loan, in the amount of $962,000.00, to Downtown
Associates, pursuant to Ordinance No. 28850 adopted on
November 2, 1987, for the Market Building; and Council
has extended the loan several times, with the latest
extension pursuant to Ordinance No. 30531-52091, which
expires on May 19, 1992.
It was further advised that Downtown Associates has
continued to allocate monies saved as a result of the
low-interest float loan extension to physically improve
the Market Building; that improvements include the
282
removal of second story menu board, repair and repainting
of the exterior overhang, painting exterior trim,
cleaning and redyeing carpet and purchase of additional
tables to support demand; that Downtown Associates has
now leased all of the first floor, with the exception of
one stall, which is expected to be leased soon, and one
space on the mezzanine; that CarilLon Healthcare has been
negotiating with Downtown Associates for a gymnasium
location for the purpose of establishing an athletic club
facility; that final negotiations on the gymnasium are on
hold pending the outcome of negotiations on Hotel Roanoke
which they feel will play an integral role in the success
of the facility; that City staff has determined that
approval of a one-year extension of the float loan, in a
principal amount of $500,000.00, to Downtown Associates
is the best use of the money; and Downtown Associates
will make a $462,000.00 payment to principal on May 19,
1992.
The City Manager recommended that he be authorized
to execute an amendment to the agreement between the City
of Roanoke, Downtown Associates and Dominion Bank, N.A.,
extending to Downtown Associates a loan of $500,000.00,
at four per cent interest per year for a one-year period
beyond the current due day of May 19, 1992, secured by a
note and an unconditional and irrevocable letter of
credit issued by Dominion Bank, N.A., with the closing of
the loan extension to occur prior to 5:00 p.m., on
May 19, 1992.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31017-051892) AN ORDINANCE authorizing the
execution of Amendment No. 6 to Short Term CDBG Float
Loan Agreement, as amended by Amendment Nos. 1, 2, 3, 4
and 5, with Downtown Associates and Dominion Bank, in
order to provide for the extension of the term of the
loan, upon certain terms and conditions; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 532.)
283
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
31017-051892. The motion was seconded by Mr.
Fitzpatrick.
The Mayor advised that he serves on the Board of
Directors of Dominion Bank and Mr. Fitzpatrick is an
employee of Dominion Bank, and called upon the City
Attorney for a ruling as to whether or not they have a
conflict of interest in voting on the matter.
The City Attorney advised that the State and Local
Government Conflict of Interests Act prohibits generally
three areas of conduct; viz: (1) prohibited conduct; (2)
prohibitions against personal interests and contracts;
and (3) personal interests in transactions. He stated
that in this case, the contractual agreement is between
the City and Downtown Associates, Inc., therefore,
neither the Mayor or any member of Council can have a
personal interest in the contract. He added that there
would be a personal interest if a member of Council had
a personal interest in a business which is the subject of
the transaction; however, Dominion Bank is not the
subject of the transaction. He stated that although
Dominion Bank could indirectly realize a fee, this is not
the result of action of the City Council; that Downtown
Associates could obtain a Letter of Credit from any bank
in Roanoke and City Council had nothing to do with
Downtown Associates selecting Dominion Bank to issue the
Letter of Credit. Therefore, the City Attorney advised
that no action of Council resulted in a benefit, either
direct or indirect, to Dominion Bank, and it was his
opinion that there is no conflict of interest with
respect to the two members of Council who have a personal
interest in Dominion Bankshares; viz: Mayor Taylor and
Council Member Fitzpatrick.
Ordinance No.
following vote:
31017-051892 was adopted by the
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor ......... 6.
NAYS: None -0.
(Council Member Harvey was absent.)
284
ACTION:
COMMUNICATIONS-EQUIPMENT: The City Manager
submitted a written report with regard to bids for radio
and communications equipment replacement, recommending
that Council accept the following bids and reject all
other bids received by the City:
Item #1 - One base station, Item #5 - 21 two-
way mobile radios, and Item #6 - 36 paging
receivers from Radio Communications, Inc., for
a total amount of $38,059.00.
Item #2 - Six two-way portable radios, Item #3
- one six position charger for portable
radios, and Item #4 - 11 two-way mobile radios
from Motorola C&E, Inc., for a total amount of
$24,907.00.
It was further recommended that Council appropriate
$62,966.00 from General Fund, Account No. 001-004-9310-
9512, Transfers to the Debt Service Fund, to
Communications, Account No. 001-052-4130-9015.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31018-051892) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 533.)
Mrs. Bowles moved the adoption of Ordinance No.
31018-051892. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Harvey was absent.)
Mr. Fitzpatrick offered the following resolution:
285
ACTION:
(#31019-051892) A RESOLUTION accepting bids made to
the City for furnishing and delivering certain
communication equipment; and rejecting all other bids
made to the City.
(For full text of Resolution, see Resolution Book No. 53,
page 534.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31019-051892. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor ................ 6.
NAYS: None- 0.
(Council Member Harvey was absent.)
CITY ENGINEER-EQUIPMENT: The City Manager submitted
a written report recommending that Council accept the
lowest responsible bid submitted by Baker Brothers, Inc.,
for one new crawler loader to be used by the Street
Maintenance Department, in the amount of $64,883.00, and
reject all other bids received by the City.
It was further recommended that Council appropriate
$38,413.00 from the Capital Maintenance and Equipment
Replacement Account and $26,470.00 from Transfer to Debit
Service, Account No. 001-004-9310-9512, to Street
Maintenance, Account No. 001-052-4110-9015.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31020-051892) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 535.)
286
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
31020-051892. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Harvey was absent.)
Mr. Fitzpatrick offered the following resolution:
(#31021-051892) A RESOLUTION accepting a bid made
to the City for furnishing and delivering one crawler
loader; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 53,
page 536.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31021-051892. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor ...... 6.
NAYS: None -0.
(Council Member Harvey was absent.)
REPORTS OF COMMITTEES:
PARKS AND PLAYGROUNDS-RECREATION DEPARTMENT-
EQUIPMENT: Council Member William White, Sr.,
Chairperson of a committee appointed by the Mayor to
tabulate bids received for improvements to play areas at
Huff Lane, Thrasher and Fishburn Parks and Garden City
Recreation Center, presented a written report on behalf
of the committee, recommending that Council take the
following actions:
Authorize the City Manager to enter into a
contract with Southern Systems, Inc., T/A
Southern Playground & Equipment Co., in the
amount of $88,484.00 and 140 consecutive
calendar days.
287
ACTION:
Authorize the Director of Finance to transfer
the following funds from the 1988 Bond Park
Improvement Reserve, Account No. 008-052-9603-
9180, to an account to be entitled Park Play
Area Improvements to Four Parks:
Contract Amount
Contingency
Total
$88,484.00
6~516.00
$95,000.00
Reject all other bids received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31022-051892) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 537.)
Mr. White moved the adoption of Ordinance No. 31022-
051892. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor .............. 6.
NAYS: None 0.
(Council Member Harvey was absent.)
Mr. White offered the following emergency ordinance:
(#31023-051892) AN ORDINANCE accepting the bid of
Southern Systems, Inc., t/a Southern Playground and
Equipment Co., for improvements to three City parks and
the Garden City Recreation Center, upon certain terms and
conditions, and awarding a contract therefor; authorizing
288
ACTION:
the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 538.)
Mr. White moved the adoption of Ordinance No. 31023-
051892. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Harvey was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 30985-051892 rezoning a tract
of land located on the north side of Pioneer Road at
Williamson Road, N. W., containing .25 acre, identified
as Official Tax No. 2090215, from C-l, Office District,
to C-2, General Commercial District, having previously
been before the Council for its first reading on Monday,
May 11, 1992, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final
adoption:
(#30985-051892) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 209, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 512.)
289
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
30985-051892. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor ...... 6.
NAYS: None 0.
(Council Member Harvey was absent.)
SEWERS AND STORM DRAINS-EASEMENTS-CITY PROPERTY-
HOUSING: Ordinance No. 30991-051892 vacating and
releasing the City's interest in a 3.25 foot by 31.00
foot portion of a certain storm drain easement currently
being encroached upon by a structure on Lot 10, Maple
Tree Townhouses, said ordinance to include provisions
that the developer, Gainsboro Neighborhood Development
Corporation, or its successor, be responsible for and
indemnify and hold the City harmless from any and all
costs or claims relating to any use, condition or
maintenance of the remaining portion of said storm drain
that may result from the encroachment or vacation
authorized therein, as more particularly set forth in a
report of the Water Resources Cox~ittee under date of May
11, 1992, having previously been before the Council for
its first reading on Monday, May 11, 1992, read and
adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(#30991-051892) AN ORDINANCE providing for the
vacation of a portion of a certain storm drain easement
located on Lot 10, Maple Tree Townhouses, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 513.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30991-051892. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor .................. 6.
NAYS: None 0.
(Council Member Harvey was absent.)
290
ACTION:
CITY PROPERTY-STATE HIGHWAYS-EASEMENTS-WATER
DEPARTMENT-PURCHASE/SALE OF PROPERTY: Ordinance No.
30992-051892 providing for the sale of a certain .055
acre parcel of City owned property and dedication to the
Virginia Department of Transportation of certain City
owned right-of-way located in the City's Beaverdam
Reservoir property on Jeter's Chapel Mountain Road (Route
635), Bedford County, Virginia, in the vicinity of
Jeter's Chapel Union Church for the consideration of
$150.00, as more particularly set forth in a report of
the Water Resources Committee under date of May 11, 1992,
having previously been before the Council for its first
reading on Monday, May 11, 1992, read and adopted on its
first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading
and final adoption:
(#30992-051892) AN ORDINANCE providing for the sale
of a certain .055 acre parcel of City owned property and
the dedication to the Virginia Department of
Transportation of certain City owned right-of-way located
in the Beaverdam Reservoir Watershed, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 514.)
Mrs. Bowles moved the adoption of Ordinance No.
30992-051892. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor- 6.
NAYS: None 0.
(Council Member Harvey was absent.)
CITY CODE-TAXES-DIRECTOR OF FINANCE-COMMISSIONER OF
THE REVENUE: Ordinance No. 31008-051892 amending the
City Code to transfer authority for assessment and
collection of franchise fees, utility tax, admissions
tax, transient occupancy tax, and special tax on
consumers of local telephone services from the
Commissioner of Revenue to the Director of Finance; to
increase the penalty for failure to report or pay
utility, admissions or transient occupancy taxes to a
Class I misdemeanor; to provide a monetary penalty for
late remittance or false return for admissions and
291
transient occupancy tax; to clarify the method of
calculation of the admissions tax; to provide a uniform
payment date and record retention period for the above
taxes; and to impose a monitoring requirement on the
Director of Finance for the above taxes, effective
July 1, 1992, having previously been before the Council
for its first reading on Monday, May 11, 1992, read and
adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(#31008-051892) AN ORDINANCE amending and
reordaining the Code of the City of Roanoke (1979), as
amended, by repealing Sec. 2-222, Monitorinq of franchise
payments; by amending and reordaining Sec. 32-1,
Definitions, Sec. 32-173, Duty of seller to collect~
report and remit, Sec. 32-174, Seller's records, Sec. 32-
175, Duty of director of finance to collect, Sec. 32-176,
Failure to pay~ violations of article, Sec. 32-216,
Definitions, Sec. 32-217, Levied; rate, subsections (a),
(b) and (c) of Sec. 32-221, Report and remittance, Sec.
32-222, Failure to collect~ report or remit, Sec. 32-223,
Records to be kept, Sec. 32-225, Temporary or transient
places of amusement or entertainment, Sec. 32-226,
Violations of article, Sec. 32-227, Powers and duties of
director of finance under article, Sec. 32-243, Report
and remittance, Sec. 32-244, Failure to collect, report
or remit, Sec. 32-245, Records to be kept, Sec. 32-247,
Violations of article, Sec. 32-248, Powers and duties of
director of finance under article, Sec. 32-277, Duty of
seller to collect~ report and remit; duties of local
officials, and Sec. 32-278, Seller's records; and by
adding new Sec. 2-240, Monitorinq of franchise payments,
new Sec. 32-177, Failure to remit, new Sec. 32-178,
Monitorinq tax payments, new Sec. 32-226.1, Penalty for
late remittance or false return, new Sec. 32-228,
Monitorinq tax payments, new Sec. 32-247.1, Penalty for
late remittance or false return, new Sec. 32-249,
Monitorinq tax payments, and new Sec. 32-282.1,
Monitorinq tax payments, such repeal, amendments and
additions to transfer authority for assessment and
collection of the franchise fees, utility tax, admissions
tax, transient occupancy tax and special tax on consumers
of local telephone services from the Commissioner of
Revenue to the Director of Finance; to increase the
penalty for failure to report or pay utility, admissions
or transient occupancy tax to a Class 1 misdemeanor; to
provide a monetary penalty for a late remittance or false
return for admissions and transient occupancy tax; to
292
clarify the method of calculation of the admissions tax;
to provide a uniform payment date and record retention
period for the above taxes; to impose a monitoring
requirement on the Director of Finance for the above
taxes; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 53,
page 515.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
31008-051892. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, White and Mayor Taylor ............... 6.
NAYS: None ....... 0.
(Council Member Harvey was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None..
OTHER HEARINGS OF CITIZENS: None.
There being no further business, the Mayor declared the
meeting adjourned at 3:15 p.m.
APPROVED
City Clerk
Mayor
293
PERSONNEL COMMITTEE--
ROANOKE CITY COUNCIL
May 26, 1992
1:15 p.m.
A meeting of the City Council Personnel Committee was called
to order on Tuesday, May 26, 1992, at 1:15 p.m., in City Council's
Conference Room, fourth floor of the Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Chairman Howard E. Musser
presiding.
PRESENT: Council Members David A. Bowers, Beverly T.
Fitzpatrick, Jr., Mayor Noel C. Taylor and Chairman
Howard E. Musser ...... 4.
ABSENT: Council Members Elizabeth T. Bowles, James G. Harvey,
II, and William White, Sr.- ............ 3.
OFFICERS PRESENT: Mary F. Parker, City Clerk.
ACTION:
COUNCIL: Mr. Fitzpatrick moved that the Personnel
Committee meet in Executive Session to discuss the
Performance evaluations of certain Council-Appointed
Officers, pursuant to Section 2.1-344(A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Mayor
Taylor and Chairman Musser ......... 4.
NAYS: None 0.
(Council Members Bowles, Harvey and White were absent.)
At 1:20 p.m., the Committee convened in Executive
Session.
At 3:45 p.m., the meeting reconvened in open session
in Council's Conference Room, with Chairman Musser
presiding, and all Members of the Committee in
attendance, with the exception of Council Members Bowles,
Harvey and White.
ACTION:
COUNCIL: With respect to the Executive Session just
concluded, Mr. Fitzpatrick moved that each Member of the
Personnel Committee 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
294
public business matters as were identified in any motion
by which any Executive Session was convened were heard,
discussed or considered by Personnel Committee. The
motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Bowers, Fitzpatrick, Mayor
Taylor and Chairman Musser ..... 4.
NAYS: None 0.
(Council Members Bowles, Harvey and White were absent.)
There being no further business, the Chairman declared the
meeting adjourned at 3:50 p.m.
ATTEST:
City Clerk
APPROVED
Vice-Mayor
295
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
May 26, 1992
7:00 p.m.
The Council of the City of Roanoke met in regular session in
the Gymnatorium of the Garden City Elementary School, 3718 Garden
City Boulevard, S. E., on Tuesday, May 26, 1992, at 7:00 p.m., with
Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~egular
Meetinqs~ of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended; and pursuant to Resolution No. 30223-
82790, adopted on Monday, August 27, 1990.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr.,
James G. Harvey, II, Howard E. Musser, William White, Sr., David A.
Bowers and Mayor Noel C. Taylor ..... 6.
ABSENT: Council Member Elizabeth T. Bowles
----1o
OFFICERS PRESENT: W. Robert Herbert, City Manager; William X
Parsons, Assistant City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mr. Dic Burbage,
Worship Leader, Edgewood Christian Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council.
MINUTES: Minutes of the regular meetings of Council
held on Monday, March 2, 1992; Monday, March 9, 1992;
Monday, March 16, 1992; and Monday, March 23, 1992, were
before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
296
ACTION:
ACTION:
Mr. Fitzpatrick moved that the reading of the
minutes be dispensed with and that the minutes be
approved as recorded. The motion was seconded by Mr.
Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, and Mayor Taylor ....... 6.
NAYS: None- 0.
(Council Member Bowles was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor-- 6.
NAYS: None 0.
(Council Member Bowles was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKS AND PLAYGROUNDS: A communication from Ms.
Tatiana M. McGuire requesting time on the agenda to
present a petition requesting that the frisbee golf
course which is presently located in Fishburn Park be
relocated to a more suitable area, was before Council.
297
ACTION:
ACTION:
The Mayor advised that Ms. McGuire had requested
that the matter be deferred until the regular meeting of
Council on Monday, June 1, 1992; whereupon, Mr. Harvey
moved that Council concur in the request. The motion was
seconded by Mr. Musser and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of $54,988.00
for Special Education Aides for the 1992-93 school year
for self-contained educable mentally retarded classes;
and further requesting the closeout of 48 completed
grants, for a net decrease in appropriation of
$51,149.00, as a result of changes in programs according
to the level of participation by eligible students, was
before Council.
A report of the Director of Finance advising that
the request will provide for appropriation of state
funding for one grant for fiscal year 1992-93; that the
request to close grants is necessary inasmuch as the
grant programs have been completed; and recommending that
Council concur in the request of the School Board, was
also before the body.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31024-052692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 539A.)
Mr. White moved the adoption of Ordinance No. 31024-
052692. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor .... 6.
NAYS: None -0.
(Council Member Bowles was absent.)
298
ACTION:
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31025-052692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 540.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31025-052692. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor ................ 6.
NAYS: None ............... 0.
(Council Member Bowles was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
TRAFFIC-FIRE DEPARTMENT-EQUIPMENT: The City Manager
submitted a written report advising that the Emergency
Vehicle Traffic Signal Preemption Program, also known as
OPTICOM, consists of mechanisms that enable emergency
vehicle operators to temporarily gain control of any
traffic signal that is equipped with OPTICOM; that when
activated, the emergency vehicle is given a green light
along the emergency response route, which results in a
more effective, reliable and safer priority movement of
emergency vehicles at signalized intersections; that if
a signal is already green, the traffic control unit holds
the green light until the emergency vehicle clears the
intersection; and if the signal display is red, the
OPTICOM system directs the traffic signal control unit to
provide a green light, thus clearing stacked up traffic
before the emergency vehicle arrives at the intersection.
It was further advised that the City of Roanoke
began using OPTICOM in 1986; that it is anticipated that
OPTICOM will be in place at 80 of the City's 135 traffic
signals, by the end of 1992, with plans to continue
installing OPTICOM at virtually all of the City's traffic
299
signals; that fire trucks are the City's only emergency
vehicles equipped with the OPTICOM devices which are
needed to gain control of traffic signals; that the size
and limited maneuverability of large fire trucks makes
the system most beneficial; and to equip other numerous
police and rescue vehicles in the City would increase the
possibility of competing demands at signalized
intersections.
The City Manager explained that the Town of Vinton
is presently equipping three of its traffic signals and
two fire trucks with traffic signal preemption equipment
identical to that used by the City of Roanoke; that the
Town Manager of Vinton, on behalf of the Town Council,
has requested that the City allow Vinton emergency
vehicles to utilize OPTICOM equipment in its emergency
vehicles in order to control traffic signals within the
City of Roanoke during emergency responses which would be
limited only to fire trucks; that primary route through
the City by Vinton fire trucks would involve northbound
Gus Nicks Boulevard to Orange Avenue, then, either turn
right to reach Alternate U. S. Route 220 or turn left to
reach Plantation Road, then north to the Hollins
community; that the City of Roanoke, by reciprocal
agreement, desires to use its OPTICOM equipment to gain
control at traffic signals in Vinton during the few
instances that this is likely to occur; and an agreement,
including mutual indemnification and hold harmless
clauses, would need to be developed by City and Town
staffs to be authorized by both governing bodies, and at
a cost of zero to the City.
The City Manager recommended that he be authorized
to enter into an agreement, in a form acceptable to the
City Attorney, which would grant permission for Town of
Vinton fire equipment to make use of its OPTICOM
equipment at Roanoke City traffic signals, subject to
reciprocal agreement by the Vinton Town Council, and all
necessary indemnifications.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31026-052692) A RESOLUTION authorizing a
Reciprocal Agreement between the Town of Vinton and the
City of Roanoke providing for certain of the Town of
Vinton's fire equipment to utilize the traffic signal
preemption equipment with the City of Roanoke and for
300
ACTION:
certain of the City of Roanoke's fire equipment to
utilize the traffic signal preemption equipment within
the Town of Vinton.
(For full text of Resolution, see Resolution Book No. 53,
page 544.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31026-052692. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor-- 6.
NAYS: None 0.
(Council Member Bowles was absent.)
TRAFFIC-STREETS AND ALLEYS: The City Manager
submitted a written report advising that traffic
signalization at the intersection of Colonial Avenue,
S. W., is a location which is justified for signalization
in the City of Roanoke; that on February 10, 1992,
Council endorsed several traffic control measures as an
alternative to barricading the Wright Road, Creston
Avenue and Rosewood Avenue corridor; and Ordinance No.
30869, adopted on February 10, 1992, directed the City
Manager to implement certain traffic control measures,
one of which is the signalization of Colonial Avenue and
Overland Road, S. W.
It was further advised that traffic signal plans are
presently being developed; that upon completion, these
plans will enable the City to begin material requisitions
for items such as the traffic signal controller and
cabinet, as well as galvanized poles with mast arms which
usually require five months for fabrication and delivery;
that related underground conduit and pole base work will
need to be contracted out; that the schedule for
completion of the entire traffic signal installation is
presently expected to occur in November, 1992; and
funding, in the amount of $100,000.00, needs to be
established in a capital account in order to enable the
above referenced purchases and future contracts.
301
ACTION:
The City Manager recommended that Council approve
the transfer of $100,000.00 from General Fund Account No.
001-052-4120-2010 to a new account in the Capital
Projects Fund, entitled Colonial Avenue and Overland Road
Traffic Signal.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31027-052692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 545.)
Mr. Harvey moved the adoption of Ordinance No.
31027-052692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor-- 6.
NAYS: None- 0o
(Council Member Bowles was absent.)
TOTAL ACTION AGAINST POVERTY-GRANTS-HOUSING-
PLANNING: The City Manager submitted a written report
with regard to Amendment No. 1 to the Agreement. with
Total Action Against Poverty for the Transitional Living
Center, advising that TAP was awarded a five-year
Supportive Housing Demonstration Program grant from the
U. S. Department of Housing and Urban Development, in the
amount of $808,635.00, which is $161,727.00 annually to
assist with operating costs for the Transitional Living
Center; that conditions of the grant award require that
TAP secure funds and pledges to match the Supportive
Housing Demonstration Program grant by November 15 of
each funding year; that TAP was unable to secure the full
$87,000.00 in matching funds needed for fiscal year 1991-
1992; and Council authorized the provision of $20,000.00
in Community Development Block Grant funds for support of
the Transitional Living Center, pursuant to Resolution
No. 30779-111191, adopted on November 11, 1991.
3O2
ACTION:
It was further advised that the City entered into an
Agreement with Total Action Against Poverty, under date
of November 15, 1991, for $20,000.00 in Community
Development Block Grant Funds for the Transitional Living
Center; that pursuant to the Agreement, expenditure of
funds is to be completed by June 30, 1992; and on May 6,
1992, TAP requested a five-month extension of the term of
the Agreement from June 30, 1992 to November 30, 1992.
The City Manager recommended that he be authorized
to execute an amendment to the Agreement with Total
Action Against Poverty for the Transitional Living Center
which would allow for a five-month extension of the term
of the contract.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31028-052692) A RESOLUTION authorizing an
amendment to the Transitional Living Center Project
Agreement with Total Action Against Poverty of the
Roanoke Valley, Inc. (TAP), to provide a fiwe-month
extension of the term of the contract.
(For full text of Resolution, see Resolution Book No. 53,
page 546.)
Mr. Musser moved the adoption of Resolution No.
31028-052692. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
Bowers and Mayor Taylor ...... -5.
NAYS: None -0.
(Council Member White abstained from voting.)
Member Bowles was absent.)
(Council
SEWERS AND STORMDRAINS: The City Manager submitted
a written report advising that a proposed Consent Special
Order is currently being negotiated between City staff,
staff of other local jurisdictions who receiYe sewage
treatment services at the City's Sewage Treatment Plant,
and staff of the Virginia Water Control Board; and the
Consent Special Order is the result of high sewage
treatment flows and rainfall dating back to 1989, as well
as the Virginia Water Control Board's desire for the City
303
ACTION:
to increase its pre-treatment efforts, particularly
enforcement on qualifying industries.
It was further advised that alternatives to the
Consent Special Order are varied, but all are potentially
unpleasant, which alternatives include any of the
following:
a hearing before the Virginia Water Control Board,
potential fines,
curtailment of new sewer service extensions, and
requirement that the City immediately begin the
$46,000,000.00 sewage facility expansion program.
It was explained that certain requirements are
included in the Consent Special Order which can be met
with the cooperation of other jurisdictions.
The City Manager recommended execution of the
Special Order in a form approved by the City Attorney
including substantially certain provisions as attached to
the report, upon agreement by other jurisdictions to
comply with requirements of the Special Order.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31029-052692) A RESOLUTION authorizing the
execution of a Special Order with the State Water Control
Board with regard to the Roanoke Regional Sewage
Treatment Plant, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 547.)
Mr. Harvey moved the adoption of Resolution No.
31029-052692. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor ............ 6.
NAYS: None 0.
(Council Member Bowles was absent.)
304
ACTION:
DIRECTOR OF FINANCE: The Director of Finance
submitted the Financial Report for the City of Roanoke
for the month of April, 1992.
(For full text, see Financial Report on file in the City
Clerk's Office.)
Mr. Harvey moved that the financial report be
received and filed. The motion was seconded by Mr.
Musser and adopted.
BUDGET-CITY EMPLOYEES: The Director of Finance
submitted a written report with regard to adjustments to
salary budgets as requested by the City Manager
representing personnel lapse funds for the third quarter
of fiscal year 1991-92 (February - March, 1992), as
follows:
"General Fund:
Total Budgeted Personnel Lapse
First Quarter Personnel Lapse
Reduction
First Quarter Revenue
Adjustment (
Transfer to Civic Center
Adjustment
Net First Quarter Reduction
($875,000.00)
$367,965.00
82,216.00)
19,511.00
305,260.00
Second Quarter Personnel Lapse
Reduction $442,084.00
Second Quarter Revenue
Adjustment
Transfer to Civic Center
Adjustment
Net Second Quarter Reduction
( 58,304.00)
20,234.00
404,014.00
Third Quarter Personnel Lapse
Reduction
Third Quarter Revenue
Adjustment
Net Third Quarter Reduction
$212,090.00
( 46,364.00)
165,726.00
Personnel Lapse Balance
Remaining after Third Quarter
$0
305
ACTION:
INTERNAL SERVICE FUND:
Total Budget Personnel Lapse
First Quarter Personnel Lapse
Reduction
Second Quarter Personnel Lapse
Reduction
Third Quarter Personnel Lapse
Reduction
($100,000.00)
50,367.00
28,599.00
21,034.00
Personnel Lapse Balance Remaining
after Third Quarter
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31030-052692) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Internal
Service Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 548.)
Mr. White moved the adoption of Ordinance No. 31030-
052692. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor- 6.
NAYS: None--- 0.
(Council Member Bowles was absent.)
REPORTS OF COMMITTEES:
CIVIC CENTER: Council Member William White, Sr.,
Chairperson of a committee appointed by the Mayor to
tabulate bids received for demolition and removal of the
acoustical enclosure at the Roanoke Civic Center
Auditorium, presented a written report on behalf of the
committee, recommending that Council take the following
actions:
,!
306
ACTION:
reject both bids received as non-responsive;
declare, based upon the recommendation of the
Director of Public Facilities, that an emergency
exists since the project was advertised, and no
qualified bid was received which would allow
completion of the removal in order to make the
Auditorium available to the public within a
reasonable time frame;
authorize the City Manager to negotiate and execute
a contract with a qualified general contractor who,
in turn, will employ a qualified state rigging sub-
contractor with experience in working with similar
acoustical enclosures to demolish and remove the
Civic Center Auditorium acoustical enclosure, in
accordance with contract documents prepared by the
City Engineer, for a sum not to exceed $90,000.00;
and
authorize the Director of Finance to appropriate
the negotiated amount, not to exceed $90,000.00,
from Civic Center Accounts Receivable Fire
Insurance, Account No. 005-1118, to a Capital
Account to be entitled Acoustical Enclosure
Removal.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
A communication from A. E. Mitchell & Co., Inc.,
protesting the rejection of their proposal based upon
certain specific reasons as set forth in the
communication, and requesting that the bid process be
reviewed and that the Company be formally notified of the
results, was before Council.
(For full text, see communication on file in the City
Clerk's Office.
Mr. Harvey moved that the communication be referred
to the City Manager and the City Attorney for appropriate
response. The motion was seconded by Mr. Bowers and
adopted.
307
ACTION:
ACTION:
Mr. White offered the following emergency budget
ordinance:
(#31031-052692) AN ORDINANCE to amend and reordaln
certain sections of the 1991-92 Civic Center Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 551.)
Mr. White moved the adoption of Ordinance No. 31031-
052692. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor ........ 6.
NAYS: None --- 0.
(Council Member Bowles was absent.)
Mr. White offered the following emergency ordinance:
(#31032-052692) AN ORDINANCE rejecting all bids for
demolition and removal of the acoustical enclosure at the
Civic Center Auditorium; declaring the existence of an
emergency and authorizing the City Manager to negotiate
and execute a contract with a qualified general
contractor; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 552.)
Mr. White moved the adoption of Ordinance No. 31032-
052692. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor ....... 6.
NAYS: None --- 0.
(Council Member Bowles was absent.)
REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY:
A report of Joel M. Schlanger and Kit B. Kiser, the
City's representatives to the Roanoke Valley Resource
Authority recommending ratification of certain agreements
with the Roanoke Valley Resource Authority, and
acknowledging issuance of the Authority's Solid Waste
System Revenue Bonds, Series 1992, was before Council.
3O8
ACTION:
ACTION:
Mr. Schlanger requested that the report be withdrawn
from the agenda; whereupon, Mr. Harvey moved that Council
concur in the request. The motion was seconded by Mr.
Fitzpatrick and adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PARKS AND PLAYGROUNDS-CELEBRATIONS-STADIUM/ARMORY:
Ordinance No. 31016-052692 waiving the standard rental
fee for use of certain City facilities for Roanoke's
Festival in the Park, and granting certain concession
rights in conjunction with such event to be held on
May 22 - 29, 1992, having previously been before the
Council for its first reading on Monday, May 18, 1992,
read and adopted on its first reading and laid over, was
again before the body, Mr. Fitzpatrick offering the
following for its second reading and final adoption:
(#31016-052692) AN ORDINANCE waiving the standard
rental fee for use of certain City facilities for Roanoke
Festival in the Park, and granting certain concession
rights in conjunction with such event.
(For full text of Ordinance, see Ordinance Book No. 53,
page 539.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31016-052692. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor ........... 6.
NAYS: None .... 0.
(Council Member Bowles was absent.)
MOTIONS ANDMISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
COUNCIL-ECONOMIC DEVELOPMENT: Council Member Bowers
called attention to discussions with the Mayor and Vice-
Mayor-Elect with regard to his proposal which was
outlined during his recent campaign for Mayor to convene
a Roanoke Economic Summit on July 1 in which
representatives of the business community, neighborhood
309
leaders and others interested in the future of Roanoke
would be Invited to discuss the City's economic future.
He added that in many ways, the immediate economic future
and plans for Roanoke are already locked in; however, he
was unsure as to the City's economic plans for the
remainder of the century. He stated that he had
communicated his interest In working with all members of
the Council, as well as Council Member-Elect McCadden,
and had apprised Council of his desire to move forward on
the proposal and commence plans for convening the
Economic Summit on Wednesday, July 1, 1992. He advised
of a preliminary meeting with the City Manager, Vice-
Mayor-Elect Fitzpatrick and other City staff to discuss
the proposal, and expressed his interest in making the
venture a City of Roanoke project, with the blessings and
input of all members of Council. He inquired as to
whether the members of Council have suggestions,
questions or comments with regard to the proposal.
Mr. Harvey advised that inasmuch as the Economic
Summit would be primarily an economic development
undertaking and since economic development is Mr.
Fitzpatrick's line of work, he would be interested in
hearing Mr. Fitzpatrick's suggestions and/or comments.
Mr. Fitzpatrick responded that it is important to
note that the topic under discussion presents an
opportunity to begin to look at future strategy for
economic development for the City of Roanoke. He stated
that the Economic Development Commission has primarily
studied the labor force which it feels is the most
important component of creating opportunities for
expanding and attracting new industry. He further stated
that an economic summit would have to be held on behalf
of the City and the City's approach must have valley
connotations because Roanoke City cannot be looked at
independently of the entire Roanoke Valley. He added
that the Economic Summit could be a great opportunity if
it can be formatted correctly in order to review those
matters that will be required tn economic development in
the future, advising that such a meeting must be non-
political, regional in scope, and carefully planned. He
stated that input should be in conjunction with Council
looking toward its strategic planning process in the fall
of this year. He further stated that as soon as a
decision is made on the Economic Summit as to whether it
will be helpful to those in economic development, whether
it will help the focus of the Roanoke Valley governments,
and particularly help the City to understand future
challenges, Council should then consider giving its full
support to the process. On the other hand, he pointed
310
out that if it is a meeting that comes directly out of
Mr. Bowers' concerns as set forth during the political
election process, and it will be a meeting simply for the
sake of having a meeting, he would not support the
concept; however, he pointed out that his discussions
with the Mayor-Elect have been fruitful. He suggested
that Council consider delaying action on the matter until
such time as a format has been developed with the
assistance of City staff, after which time he would be
willing to make a recommendation to Council.
Mr. Bowers reiterated that he welcomed comments
and/or suggestions from any member of Council, either
privately or publicly, and would ask that Council members
participate in the Economic Summit on July 1.
The Mayor suggested that Mr. Bowers, Mr. Fitzpatrick
and the City Manager confer with regard to an appropriate
format, with a report and recommendation to Council at a
later date.
OTHER HEARINGS OF CITIZENS:
PARKS AND PLAYGROUNDS-SCHOOLS: Ms. Pamela J.
Hultquist, 3420 Moran Street, S. E., representing the
Garden City Elementary School PTA, appeared before
Council and called attention to a park located directly
behind the school, advising that for several years there
was no access for school children in order to use the
park without having to walk considerable distance out of
their way. She stated that last year the PTA, in
cooperation with the City's Parks and Recreation
Department and Norfolk Southern, construct a primitive
path from the school playground to the park playground
which has enabled the school to utilize the park on a
regular basis. She commended the Manager of the
Department of Parks and Recreation on a job well done
with regard to clean-up efforts in the park, and called
attention to a pledge which was signed by every student
attending Garden City Elementary School that they would
do their best to keep the park clean, to pick up trash
whenever it is seen, and to encourage others to help keep
the park free of letter.
At 7:50 p.m., the Mayor declared the meeting in
recess.
311
ACTION:
ACTION:
At 8:05 p.m., the meeting reconvened in the
Gymnatorlum of the Garden City Elementary School, with
Mayor Taylor presiding, and all Members of the Council in
attendance, with the exception of Council Member Bowles.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers and Mayor Taylor ..... 6.
NAYS: None
-0.
(Council Member Bowles was absent.)
SPECIAL EVENTS COMMITTEE: The Mayor advised that
there is a need for an additional position on the Special
Events Committee, and called for nominations to fill the
position.
Mr. White placed in nomination the name of Allen T.
Wilson.
There being no further nominations, Mr. Wilson was
elected as a member of the Special Events Committee for
a term ending June 30, 1992, by the following vote:
FOR MR. WILSON: Council Members Fitzpatrick,
Harvey, Musser, White, Bowers and Mayor Taylor ........ 6.
(Council Member Bowles was absent.)
YOUTH (YOUTH SERVICES CITIZEN BOARD): The Mayor
advised that the terms of Ms. Mollie C. DeBerry and Ms.
Corinne B. Gott as members of the Youth Services Citizen
Board will expire on May 31, 1992, and called for
nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of
Mollie C. DeBerry and Corinne B. Gott.
312
There being no further nominations, Ms. DeBerry and
Ms. Gott were reelected as members of the Youth Services
Citizen Board, for terms of three years each, ending
May 31, 1995, by the following vote:
ACTION:
FOR MS. DEBERRY AND MS. GOTT: Council Members
Fitzpatrick, Harvey, Musser, White, Bowers and Mayor
Taylor ..................... 6.
(Council Member Bowles was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 8:10 p.m.
APPROVED
City Clerk
313
PERSONNEL COMMITTEE--
..... ROANOKE CITY COUNCIL
June 1, 1992
9:45 a.m.
A meeting of the City Council Personnel Committee was called
to order on Monday, June 1, 1992, at 9545 a.m., in the City
Council's Conference Room, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Chairman Howard E.
Musser presiding.
PRESENT: Council Members David A. Bowers, James G. Harvey,
II, Mayor Noel C. Taylor and Chairman Howard E. Musser-' 4.
ABSENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., and WllliamWhite, Sr. - ....... 3.
OFFICERS PRESENT: Mary F. Parker, City Clerk
ACTION:
COUNCIL: Mr. Harvey moved that the Personnel
Committee meet in Executive Session to discuss a
personnel matter, being the performance evaluations of
certain Council Appointed Officers, pursuant to Section
2.1-344(A)(1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Bowers, Harvey, Mayor Taylor
and Chairman Musser ...... 4.
NAYS: None 0.
(Council Members Bowles, Fitzpatrick and White were
absent.)
At 9:50 a.m., the Chairman declared the meetlng in
recess.
At 12:30 p.m., the Personnel Committee reconvened in
the Council's Conference Room, with Chairman Musser
presiding, and all Members of the Committee in
attendance, with the exception of Council Member White.
(Council Members Bowles and Fitzpatrick entered the
meeting during the Executive Session.)
314
ACTION=
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Fitzpatrick moved that each Member of the
City Council Personnel Committee certify to the best of
his or her knowledge that: (1) only public business
matters lawfully exempted from open meeting requirements
under the Virginia Freedom of Information Act; and (2)
only such public business matters as were identified in
any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The
motion was seconded by Mr. Harvey and adopted by the
following votes
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Mayor Taylor and Chairman Musser- 6.
NAYS: None
e
(Council Member White was absent.)
There being no further business, the Chairman declared the
meeting adjourned at 12:32 p.m.
APPROVED
City Clerk
Chairman
315
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
June 1, 1992
2:00 p.m.
,!
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, June 1, 1992,
at 2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor
presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Howard E. Musser, William
White, Sr., David A. Bowers and Mayor Noel C. Taylor ............ 7.
ABSENT: None--- 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Council Member
Elizabeth T. Bowles.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
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. The City
Manager having withdrawn a request for an Executive
Session to discuss a matter with regard to the use of
real property for public purpose, the Mayor called
specific attention to one request for an Executive
Session to discuss a matter of actual litigation being a
lawsuit filed by the City of Roanoke in the Circuit
Court.
SCHOOLS: A report of the City Manager in response
to a request of Ms. Paula Vandegriff, President, Madison
Middle School P.T.A., regarding watering of landscaped
areas at the school during the summer months, was before
Council.
316
ACTION:
ACTION:
ACTION:
The City Manager advised that the matter was
discussed with the Director of School Plants who
expressed surprise that the request had been made of
Council rather than of him, and inasmuch as the
landscaping project is on school grounds, the Director of
School Plants Indicated that his staff would address any
summer watering needs.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor .......... 7.
NAYS: None 0.
PENDING LIST: A list of items pending from July 10,
1978, through May 26, 1992, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the pending list be
received and filed. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None 0.
COUNCIL: A report of the City Attorney requesting
that Council meet in Executive Session to discuss a
matter of actual litigation being a lawsuit filed by the
City of Roanoke in the Circuit Court, pursuant to Section
2.1-344 (A)(7), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the City Attorney to convene in Executive
Session to discuss a matter of actual litigation being a
lawsuit filed by the City of Roanoke in the Circuit
317
ACTION:
ACTION:
Court, pursuant to Section 2.1-344 (A)(7), Code of
Virginia, (1950), as amended. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor--- 7.
NAYS: None 0.
COUNCIL: An oral request of the City Manager that
Council convene in Executive Session to discuss a legal
matter, being a contractual claim in the Circuit Court on
behalf of City residents on advice of legal counsel,
pursuant to Section 2.1-344 (A)(7), Code of Virginia
(1950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss a legal matter, being a contractual
claim in the Circuit Court on behalf of City residents on
advice of legal counsel, pursuant to Section 2.1-344
(A)(7), Code of Virginia (1950), as amended. The motion
was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None - 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKS AND PLAYGROUNDS: A communication from Ms.
Tatiana McGuire transmitting a request to address Council
with regard to the frisbee disc golf course at Fishburn
Park, was before the body.
'The Mayor advised Ms. McGuire had requested that the
item be withdrawn; whereupon Mr. Bowers moved that
Council concur in the request. The motion was seconded
by Mr. Fitzpatrick and unanimously adopted.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
318
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING
CONSORTIUM: The City Manager submitted a written report
advising that the Fifth District Employment and Training
Consortium submitted its Fiscal Year 1992 Title II-B
Implementation Strategy to the Governor's Employment and
Training Department (GETD); that planned programs include
Job related education, classroom training, Job placement
activities, and remedial education; that the Consortium
has also received notification from the Governor's
Employment and Training Department regarding a change in
II-A funding due to an error in calculation of
availability of excess funds; that the City is the grant
recipient for Consortium funding; and Council must
appropriate funds for all grants received by the
Consortium.
It was further advised that the Governor's
Employment and Training Department has sent to the
Consortium, Notice of Award (NOA) No. 92-03-06, in the
amount of $69,034.00 in carry-over funds for the Title
II-B program, and $4,000.00 for funding of the Summer
Youth Institute; that the GETD has sent to the
Consortium, Notice of Award (NOA) No. 93-03-07, in the
amount of $416,513.00, for the Title II-B program; and
the Consortium has received a letter stating that 'funds
awarded to the Fifth District Employment and Training
Consortium were decreased by $13,408.01 due to an error
in calculation of the award by the Governor's Employment
and Training Department.
The City Manager recommended that Council
appropriate the Consortium's Title II-B funding, in the
amount of $489,547.00, and increase the revenue estimate,
in the amount of $489,547.00, in accounts to be
established by the Director of Finance; and decrease the
appropriation and revenue estimate of Title II-A, in the
amount of $13,408.01, in existing accounts.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance~
319
ACTION:
(#31033-060192) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 553.)
Mrs. Bowles moved the adoption of Ordinance No.
31033-060192. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor--- 7.
NAYS: None 0.
BUDGET-SEWERSANDSTORMDRAINS-INDUSTRIES: The City
Manager submitted a written report with regard to Change
Order No. 3 to the contract with Mattern and Craig, Inc.,
in connection with construction of the Statesman
Industrial Park Engineering Bond Issue Stormwater
Management Project, advising that Council authorized
acquisition of six parcels of land for the purpose of
project construction at its regular meeting on
September 23, 1991, and appropriated $150~000.00 for said
purpose; that Council approved Change Order No. 1 on
November 18, 1991, in the amount of $16,985.00, which
consisted of investigations and alternatives in the
design of the Statesman Park Detention Basin in
anticipation of compliance with the new Federal Clean
Water Act; and Change Order No. 2 provided for
environmental assessments for the parcels of land
previously approved for purchase, which included five
parcels in the amount of $2~000.00 per parcel.
It was further advised that environmental
assessments have called to the City's attention that oil
contamination of the soil in an area of undetermined size
exists on-line of the proposed storm drain to the
retention basin; that soil penetration is unknown at the
present time without further analysis and extensive core
drilling; that affected interest holders and the State
Water Control Board have been notified; that the total
cost of removing and hauling the contaminated soil to the
nearest certified disposal area is unknown at this time;
that Change Order No. 3 is requested for engineering
necessary to re-route the storm drain around the
contaminated area; that additional engineering will be
performed by Mattern and Craig, Inc., the current
consultant engineer for the project; that engineering
costs for re-routing the storm drain are small due to the
320
ACTION:
fact that minor editing of the previous environmental
assessments was required and the necessary engineering
was confined to a small area; and total cost of Change
Order No. 3 is $2,078.00.
The City Manager recommended that he be authorized
to execute Change Order No. 3 with Mattern and Craig,
Inc., in the amount of $2,078.00, for a total contract
amount after change orders of $339,063.00; and that the
Director of Finance be authorized to transfer $2,078.00
from Public Improvement Bonds, Storm Drains 1992, Account
No. 008-052-9700-9176, to Statesman Industrial Park Storm
Drain, Account No. 008-052-9656-9001.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31034-060192) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 554.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31034-060192. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor .... . ....... 7.
NAYS: None 0.
DIRECTOR OF FINANCE:
BUDGET-CIVIC CENTER: The Director of Finance
advised that Council adopted Ordinance No. 31032-051192
on Monday, May 11, 1992, rejecting all bids for
demolition and removal of the acoustical enclosure at the
Roanoke Civic Center Auditorium; authorizing the City
Manager to negotiate and execute a contract with a
qualified general contractor to accoinplish the demolition
and removal of the acoustical enclosure, for a sum not to
exceed $90,000.00; and a contract has been negotiated,
however, an additional $5,800.00 is needed.
321
ACTION:
ACTION=
Mrs. Bowles offered the following emergency budget
ordinance appropriating an additional $5,800.00 for
acoustical enclosure removal in the orchestra pit in the
Roanoke Civic Center Auditorium:
(#31035-060192) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Civic Center Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 555.)
Mrs. Bowles moved the adoption of Ordinance No.
31035-060192. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ........ 7.
NAYS: None 0.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 2:10 p.m., the Mayor declared the meeting in
recess.
At 3:50 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers 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
322
ACTION
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ......... 7.
NAYS: None 0.
JUVENILE DETENTION HOME (YOUTH SERVICES CITIZEN
BOARD): The Mayor advised that the term of Ms. Loretta
B. Williams as a member of the Youth Services Citizen
Board will expire on May 31, 1992, and called for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of
Loretta B. Williams.
There being no further nominations, Ms. Williams was
reelected as a member of the Youth Services Citizen
Board, for a term of three years, ending May 31, 1995, by
the following vote:
FOR MS. WILLIAMS: Council Members Bowles,
Fitzpatrick, Harvey, Muss~r, White, Bowers and Mayor
Taylor-- 7.
ZONING-SUBDIVISIONS-BUILDING INSPECTOR: Mr.
Fitzpatrick offered the following resolution accepting an
offer of compromise settlement relating to an action
filed by the City to enforce various provisions in the
zoning and subdivision ordinances and in the building and
plumbing codes, such offer being set forth in an
agreement dated May 18, 1992, and empowering the City
Attorney to execute on behalf of the City all documents
referred to in said agreement, including an Order,
dismissing City of Roanoke v. Alouf and McCullouqh, with
prejudice:
(#31036-060192) A RESOLUTION accepting an offer of
compromise settlement relating to an action filed by the
City to enforce various provisions in the zoning and
subdivision ordinances and in the building and plumbing
codes.
(For full text of Resolution, see Resolution Book No. 53,
page 556.)
323
AC~ION~
Mr. Fitzpatrick moved the adoption of Resolution No.
31036-060192. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ........... 7.
NAYS: None 0.
There being no further business, the Mayor declared the
meeting adjourned at 3=55 p.m.
APPROVED
ATTEST
City Clerk
324
PERSONNEL COMMITTEE
............ ROANOKE CITY COUNCIL
June 8, 1992
6:30 p.m.
A meeting of the City Council Personnel Committee was called
to order on Monday, June 8, 1992, at 6:30 p.m., in the City
Council's Conference Room, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Chairman Howard E.
Musser presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., (arrived at 7:30 p.m.), James
G. Harvey, II, William White, Sr., Mayor Noel C. Taylor and
Chairman Howard E. Musser--- 7.
ABSENT: None
®
OFFICERS PRESENT: Mary F. Parker, City Clerk.
ACTION:
COUNCIL: Mrs. Bowles moved that the Personnel
Committee meet in Executive Session to discuss a
personnel matter, being the performance evaluations of
certain Council Appointed Officers, pursuant to Section
2.1-344(A)(1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Harvey,
White, Mayor Taylor and Chairman Musser ................ 6.
NAYS: None. 0.
(Council Member Fitzpatrick was absent.)
ACTION:
At 6:40 p.m., the Chairman declared the meeting in
recess.
At 11:25 p.m., the Personnel Committee reconvened
in the Council Chamber, with Mayor Taylor presiding, and
all Members of the Committee in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of the
Personnel Committee 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
325
public business matters as were identified in any motion
by which any Executive Session was convened were heard,
discussed or considered by the Personnel Committee. The
motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, White, Mayor Taylor and Chairman Musser ....... 7.
NAYS: None 0.
There being no further business, the Mayor declared the
meeting adjourned at 11:27 p.m.
APPROVED
ATTE ST:
City Clerk
326
REGULAR WEEKLY SESSION -ROANOKE CITY COUNCIL
June 8, 1992
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, June 8, 1992,
at 7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor
presiding, pursuant to Rule 1, Regular Meetings~ of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members James G. Harvey, II, Howard E.
Musser, William White, Sr., David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., and Mayor Noel C. Taylor ............ 7.
ABSENT: None -0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dlbling, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-COUNCIL: Captain Wendell C.
Phillips, Vice-Commander-in-Chief, Roanoke Chapter,
Military Order of the World Wars, presented Mayor Taylor
with a plaque containing the following inscription:
"Presented to Noel C. Taylor for his actions to promote
patriotism in the City of Roanoke, his support to the
patriotic efforts of the Military Order of the World Wars
and other patriotic veteran's organizations, and in
recognition of extraordinarypatriotic achievement."
PUBLIC HEARINGS
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, June 8,
1992, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of Kermit B. and Carolyn P.
Glass, represented by Daniel F. La~man, Jr., Attorney,
that a tract of land located at 1004 Whitney Avenue,
N. W., described as Official Tax Nos. 2190707 and
327
ACTION:
2190708, be rezoned from RM-1, Residential Multi-Family,
Low Density District, to C-2, General Commercial
District, subject to certain conditions proffered by the
petitioner, the matter was before the body.
Legal advertisement of the public hearing was
published in the morning edition of the Roanoke Times &
World-News on Friday, May 22, 1992, and Friday, May 29,
1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission
recommending that Council approve the request for
rezoning which would provide for the adaptive reuse of an
existing single family residential structure for a
needlecraft and gift business, advising that given its
large lot and proximity to Williamson Road, such use
would be in keeping with the recommendation of the
Comprehensive Plan; and said property would serve as a
transitional buffer between highway oriented uses along
Williamson Road and the single family residences to the
south and east of the site, was before Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(#31037) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
219, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 53,
page 568.)
The motion was seconded by Mr. Fitzpatrick.
Mr. Daniel F. Layman, Attorney, appeared before
Council in support of the request of his clients.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning. There being none, Ordinance No. 31037 was
adopted, on its first reading, by the following vote:
328
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None --- 0.
ZONING-ARCHITECTURAL REVIEW BOARD: Pursuant to
Resolution No. 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 8, 1992, at 7:30 p.m., or as
soon thereafter as the matter may be heard, to consider
an amendment to Section 36.1-642, Review procedure; and
creation of a new Section 36.1-724, Penalty for wronqfg!
demolition of historic buildtnqs, of Chapter 36.1,
Zonlnq, of the Code of the City of Roanoke (1979), as
amended, the matter was before the body.
Legal advertisement of the public hearing was
published in the morning edition of the Roanoke Times &
World-News on Friday, May 22, 1992, and Friday, May 29,
1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the first comprehensive update to the City's Zoning
Ordinance in over 20 years was adopted by Council on
April 20, 1987; that periodic amendments to the Zoning
Ordinance are necessary to insure that the City's
development regulations remain current and responsive to
changing circumstances and needs; that the last amendment
to the ordinance relating to flood plain regulations was
adopted by Council on Monday, January 13, 1992; that the
current list of proposed amendments was compiled by the
Planning Commission and staff based on Input received
from administrative staff and citizens; that the Planning
Commission's Ordinances and Names Subcommittee held
numerous meetings with Planning staff to discuss and
evaluate proposed amendments to regulations; and final
draft of the proposed amendments was forwarded to the
full Planning Commission on Wednesday, April 1, 1992, and
the City Planning Commission's public hearing was held on
May 6, 1992, at which time no person spoke in opposition
to the proposed amendments, was before Council.
329
ACTION~
The Planning Commission recommended that Council
approve the proposed amendments to the City's Zoning
Ordinance inasmuch as the proposed amendments will help
insure that the City's development regulations remain
responsive to current development needs and community
issues.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(#31038) AN ORDINANCE amending subsections (d) and
(e) of Section 36.1-642, Review procedur9, of Chapter
36.1, Zoning, Code of the City of Roanoke (1979), as
amended; and adding new Section 36.1-724, Penalty for
wronqful demolition of historic buildings, to Chapter
36.1, Zoning, Code of the City of Roanoke (1979), as
amended; such amended section relating to the review
procedure of a decision by the Architectural Review Board
and the length of time a certificate of appropriateness
is valid; and the new section providing a penalty for
wrongful demolition of historic buildings.
The motion was seconded by Mrs. Bowles.
The Mayor inquired if there were persons in
attendance who would like to be heard with regard to the
matter; whereupon, Mr. D. Kent Chrisman, 632 Walnut
Avenue, S. W., advised that the matter was reviewed and
received the support of the immediate past Board of
Directors of Old Southwest, Inc. He stated that it is
known that Council will be Judicious in the use of this
enabling legislation, and it is also known that the mere
presence of the legislation will be an effective tool
toward ensuring that the intent of Roanoke's zoning will
be followed.
Mr. John R. Marlles, Agent, City Planning
Commission, presented a summary of the proposed
amendments. He advised that the amendment to Section
36.1-642 involves three additions to the existing
ordinance; viz: (1) to establish a 30-day period in
which an appeal of a decision of the Architectural Review
Board must be filed (currently there is no stated time
within which an appeal must be heard by City Council),
which would improve coordination and maintain consistency
in the conditions upon which decisions are made; (2)
clarification in relation to remanding a matter back to
the Architectural Review Board (presently it is not clear
330
whether Council has the authority to remand a matter back
to the Architectural Review Board; and (3) a one year
time limit on certificates of appropriateness from the
date that such certificates are approved by the
Architectural Review Board.
Mr. Marlles explained that the amendment to Section
36.1-724 establishes a penalty for wrongful demolition of
historic buildings, which is a follow-up to an action
approved by the General Assembly several years ago in
response to the City's request to create special
legislation, to provide that the demolition of historic
structures in a historic district without an approved
demolition permit or certificate of appropriateness would
be subject to a civil penalty for such illegal
demolition.
No other persons wishing to be heard, Ordinance No.
31038 was adopted, on its first reading, by the following
vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .... 7.
NAYS: None 0.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, and a
matter of probable litigation being a claim by the City
for certain delinquent accounts.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
331
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick moved that Council concur In the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ..... 7.
NAYS: None-
HOUSING: A report of qualification of Hugh A.
Meagher as a member of the Fair Housing Board, for a term
ending March 31, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None
COUNCIL: A communication from Mayor Noel C. Taylor
requesting that Council meet in Executive Session to
discuss a matter of probable litigation being a claim by
the City for certain delinquent accounts, pursuant to
Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss a matter of probable litigation being a claim by
the City for certain delinquent accounts, pursuant to
Section 2.1-344 (A)(7), Code of Virginia, (1950), as
amended. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None
g
332
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY EMPLOYEES: The City Manager called upon Mr.
Kenneth C. Cronin, Personnel Manager, for a briefing with
regard to certain proposed paid leave and extended
illness leave benefits for City employees; whereupon, Mr.
Cronin advised that the current leave plan was developed
in 1953 and since that time, demographically, there have
been numerous changes in the United States. He added
that it is felt that the City should recognize these
changes, demographically, by providing a leave policy
that is more "family friendly" to its employees and
recognizes that employees may need to care for sick
children, aged parents and other personal issues that the
current leave policy does not address. He explained that
the intent was to devise a policy that would respect the
rights of employees to make adult decisions about how
they would use their leave time and not place a premium
on supervisors being placed in the position of policing
the use of leave. Instead, he pointed out that the
proposed plan rewards employees for good attendance
rather than seeking to punish the employees for poor
decisions because more of the decisions will be left with
the employee. Additionally, he stated that the City
desired to provide a long-term illness plan, as well as
day-to-day sick leave type benefits. Finally, he noted
that the City wanted a plan that had received input by
employees, as well as one that would be fair and
affordable; and, in an effort to obtain employee input,
four focus groups were appointed composed of clerical
employees, labor and trades employees, supervisors and
department heads. He stated that briefings were held
with employees and a copy of the proposed policy was
furnished to each City employee. Mr. Cronin explained
that first and foremost, employees will have a choice as
to whether they want to participate in the proposed leave
pla~, advising that a decision can be made up to 36
months prior to retirement. Secondly, he stated that all
new employees hired after July 1, 1992, will be covered
by the proposed new plan. He advised that the plan will
be comprised of two leave accounts; viz: paid leave and
333
extended illness leave. He explained that paid leave
equals vacation plus six days per year, and extended
illness leave equals the employees' sick leave balance,
plus an accrual of nine days per year. He further
explained that the first three days off, regardless of
why the time is taken off by the employee, would be
charged to the paid leave account; and after the first
three days, the time would be charged to the extended
illness leave account.
Mr. White inquired as to how the proposed new plan
compares with the policy initiated by the School Board
for school employees. He also inquired if Roanoke
Redevelopment and Housing Authority employees would be
covered under the proposed plan; whereupon, the City
Manager advised that he would respond to Mr. White's
questions at the next regular meeting of Council on
Monday, June 15, 1992, when the report will be presented
to Council for appropriate action.
(For full text, see report on file in the City Clerk's
Office.)
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING
CONSORTIUM-HUMANRESOURCES-SCHOOLS-TOTAL ACTION AGAINST
POVERTY: The City Manager submitted a written report
with regard to the Virginia Summer Food Service Program
Grant Application to the U. S. Department of Agriculture
(USDA), advising that the USDA has solicited applications
from municipalities to participate in the 1992 Virginia
Summer Food Service Program; that the purpose of the
program is to provide nutritionally balanced, healthy
meals to children, ages one through eighteen, of low-
income families during the summer months of 1992; that
cost reimbursements are made to program sponsors, City of
Roanoke, by the U. S. Department of Agriculture, at a
rate of approximately $2.17 per meal consumed for lunch
and $1.20 per breakfast by a participating eligible
youth; and $7,015.00 has been allocated by Council in the
1992-93 budget to the Director of Human Development to
support staffing and administration of the program.
It was explained that a grant application for the
Virginia Summer Food Service Program has been prepared by
the Fifth District Employment and Training Consortium, on
behalf of the City of Roanoke, for consideration by the
U. S. Department of Agriculture for funding this summer,
for the period of June 15 - September 4, 1992; that 1,300
daily meals are proposed for youths participating at 15
334
ACTION:
sites; that it is estimated that over 55,000 meals will
be served; that the proposed 15 feeding locations reflect
both the success of last year's program and the broad
need existing for such a program for needy youth in the
City; and the Department of Human Development is proposed
to administer the project through interagency agreements
with the Fifth District Employment and Training
Consortium and the Roanoke Redevelopment and Housing
Authority as well as an informal written agreement with
the Department of Social Services, and a contract with a
meal vendor to prepare and deliver the meals, daily, to
the project sites.
The City Manager recommended that Council endorse
the application as submitted and accept the subsequent
grant award from the U. S. Department of Agriculture, in
the amount of $109,497.50; that the Department of Human
Development be authorized to negotiate and execute
appropriate lnteragency agreements to facilitate the
success of the project; that Council accept the
responsive bid from Total Action Against Poverty to
prepare and deliver meals at an average rate range of
$1.805 to $1.835 per lunch meal served and $1.0275 to
$1.0575 per breakfast meal served; that Council authorize
negotiation of a vendor contract between the City and
Total Action Against Poverty; and that $109,497.50, with
a corresponding revenue estimate, be appropriated to an
account to be established in the Consortium Fund by the
Director of Finance for the Virginia Summer Food Service
Program.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31039-060892) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 557.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31039-060892. The motion was seconded by Mr. White and
adopted by the following vote:
335
ACTION:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None --- 0.
Mr. Fitzpatrick offered the following emergency
ordinance:
(#31040-060892) AN ORDINANCE authorizing the
execution of a grant application made on behalf of the
City of Roanoke for the United States Department of
Agriculture 1992 Summer Food Service Program, and the
acceptance of the subsequent grant award; authorizing the
acceptance of the bid of Total Action Against Poverty in
the Roanoke Valley, Inc., and award of the requisite
contract to prepare and deliver the Summer Food Service
Program daily meals to designated sites in the City of
Roanoke; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 558.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31040-060892. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None 0.
Mr. White addressed the importance of the Virginia
Summer Food Service Program, and inquired as to whether
or not other services could be provided such as
remediation in specific subjects, or a physical check-up,
etc., at the same time that students are assembled for
the food service program which would allow for the
combination of services, thus, saving money at the same
time.
CIVIC CENTER: The City Manager submitted a written
report advising that Section 41 of the City Charter
requires a formal report of facts to Council after a
contract is awarded on an emergency basis.
It was explained that in accordance with the May 26,
1992 bid committee report requesting that Council concur
in declaring an emergency, $90,000.00 was appropriated on
Tuesday, May 26, 1992, and $5,800.00 was appropriated on
336
ACTION
Monday, June 1, 1992, and a contract was awarded to Payne
Construction Company, Inc., to remove the orchestra shell
in the Roanoke Civic Center Auditorium, in the amount of
$95,800.00.
The City Manager requested that Council ratify award
of the contract to Payne Construction Co., Inc., pursuant
to Section 41 of the City Charter.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31041-060892) AN ORDINANCE ratifying an emergency
award of a contract for demolition and removal of the
orchestra shell at the Roanoke Civic Center, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 559.)
Mrs. Bowles moved the adoption of Ordinance No.
31041-060892. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None 0.
BUDGET-EQUIPMENT-CITY ENGINEER-STREETS AND ALLEYS:
The City Manager submitted a written report recommending
that Council accept the bids of Boone Tractor and
Implement Company for one new institutional/recreational
mower type tractor, in the amount of $13,522.00, two new
tractor loaders (right of way maintenance type), in the
amount of $18,000.00 each, and one new tractor mower
(right of way type), in the amount of $18,950.00; and the
bid of MSC Equipment, Inc., for one new self propelled
force feed loader, in the amount of $93,734.85; and that
all other bids received by the City be rejected.
It was further recommended that the Director of
Finance be authorized to transfer $162,206.85 from Debt
Service, Account No. 001-004-9310-9512, to the following
accounts:
337
ACTION=
ACTION:
1. $68,472.00 to Parks Account No. 001-
050-4340-9015
2. $93,734.85 to Street Maintenance
Account No. 001-052-4110-9015
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance=
(#31042-060892) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 560.)
Mr. White moved the adoption of Ordinance No. 31042-
060892. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None
Mr. White offered the following resolution:
(#31043-060892) A RESOL~ION accepting bids for
mowing tractors and loaders and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 53,
page 561.)
Mr. White moved the adoption of Resolution No.
31043-060892. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None
DIRECTOR OF FINANCE:
BUDGET-GRANTS: The Director of Finance submitted a
written report advising that the Community Development
Block Grant program is accounted for on the City's
financial records by program year; that three years are
338
ACTION=
currently appropriated; that the United States Department
of Housing and Urban Development allows localities to
determine the number of Community Development Block Grant
program years to retain on their records; that
reprogramming the funds allows the City to maintain a
minimum number of program years on its records; that the
earliest Community Development Block Grant year, B-89-MC-
51-0020, may be closed by reprogramming the unspent funds
in this program year to the next subsequent program year,
B-90-MC-51-0020; and unspent funds, in the amount of
$253,671.00, will be used for the same activities for
which they are currently appropriated.
The Director of Finance recommended that unspent
funds, in the amount of $253,671.00, be transferred to
Community Development Block Grant year B-90-MC-51-0020;
and that Community Development Block Grant year B-89-MC-
51-0020 be closed.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31044-060892) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 562.)
Mr. Harvey moved the adoption of Ordinance No.
31044-060892. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None
e
REPORTS OF COMMITTEES:
RADIO/TELEVISION (CABLE TELEVISION): Vice-Mayor
Howard E. Musser, Chairman of the Roanoke Regional Cable
Television Committee, presented a written report on
behalf of the Committee with regard to the proposed
Regional Cable Television Committee Agreement, advising
that Section 11 of the Franchise Ordinance adopted by
Roanoke City, Roanoke County and the Town of Vinton in
April of 1991, provides for the establishment of an
339
advisory committee composed of representatives of the
three Jurisdictions; that all substantive actions
involving the expenditure of capital grant funds received
from Cox Cable Roanoke in accordance with the franchise
agreement and any operation of an
educational/institutional television facility must now be
approved by formal action of each governing body; and at
the initiative of the Regional Cable Television
Committee, legal counsel for the Jurisdictions were
directed to draft all agreement to provide stability and
continuity for these television functions.
It was further advised that an agreement has been
drafted which provides a legal framework for the Regional
Cable Television Committee to operate an educational/
institutional television facility and programming,
including the expenditure of capital grant funds; that
each locality would equitably fund the Committee's
operations based upon a percentage of gross receipts of
Cox Cable Roanoke in each Jurisdiction up to a maximum of
one per cent; that the agreement will not constitute a
binding legal obligation on any Jurisdiction to
appropriate any funds for the Committee's operations;
that City Council, as a part of the fiscal year 1992-93
budget, approved the additional one per cent in franchise
fee payments from Cox Cable Roanoke for expenses
associated with operating an educational/ institutional
cable television facility; and the agreement has been
approved by the Roanoke County Board of Supervisors and
the Vinton Town Council.
Mr. Musser recommended that Council authorize
execution by the City Manager of the proposed agreement
In a form approved by the City Attorney, authorizing the
Regional Cable Television Committee to develop,
administer and operate interJurisdictional educational/
institutional television facilities and programs.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31045-060892) A RESOLUTION authorizing the
execution of an interjurisdictional agreement to provide
for the development, administration, and operation of
cable television educational and institutional facilities
and programming, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 564.)
340
ACTION:
Mr. Musser moved the adoption of Resolution No.
31045-060892. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None
®
SEWERS AND STORM DRAINS-FLOOD REDUCTION/CONTROL:
Council Member William White, Sr., Chairman of a
committee appointed by the Mayor to tabulate bids
received for Phase I, Culvert Replacement and
Channelization, and Phase II, Clearing and Snagging, of
the Peters Creek Flood Reduction Project, presented a
written report on behalf of the committee, recommending
that Council take the following actions:
Authorize the City Manager to enter into a
contractual agreement, in a form approved by
the City Attorney, with Allegheny Construction
Company, Inc., for construction of Phase I,
and H. T. Bowling, Inc., for construction of
Phase II, of the Peters Creek Flood Reduction
Project, in accordance with contract documents
as prepared by Mattern and Craig, Inc.,
Engineers-Surveyors, in the amounts of
$1,076,956.00 for Phase I and $240,900.00 for
Phase II and 240 consecutive calendar days
respectively.
Authorize the Director of Finance to transfer
funds, as follows, and to create two capital
accounts to be entitled Peters Creek Flood
Reduction Phase I and Peters Creek Flood
Reduction Phase II; and establish an account
in the Sewer Fund, entitled Peters Creek Flood
Reduction Phase I:
341
ACTION=
Phase I
Account No. 008-052-9700-9176
Sanitary Sewer Retained Earnings
$1,074,500.00
56,300.00
TOTAL } 0, .890 .99
Contract Amount
Contingency
$1,076,956.00
53~844.00
TOTAL $1,130{800.00
Phase II
Account No. 008-052-9700-9176
~253~000.0~
Contract Amount
Contingency
$240,900.00
TOTAL
Reject all other bids received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31046-060892) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Sewage and Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 565.)
Mr. White moved the adoption of Ordinance No. 31046-
060892. The motion was seconded by Mr. Bowers.
Ms. Laura W. Goad, 1915 Meadowbrook Road, N. W.,
advised that assistance and answers are needed now. She
stated that during times of heavy rainfall, her family is
forced to evacuate from their home because the creek
rises to a dangerous level. She inquired as to when
construction will commence and what is the status of the
FEMA 1362 Program, advising that she has worked with
Congressman Jim Olin's Office and the City Engineer's
Office for approximately three years on the matter and
not a great deal of progress has been made. She further
inquired if the City can purchase the houses similar to
342
ACTION=
that which was done with the Shadeland Avenue homes as a
result of the flood of 1985 inasmuch as the houses should
be razed and the land should be open space in order to
allow for adequate water runoff.
Mr. Woodrow T. Hamblett, 1921 Meadowbrook Road,
N.W., advised that recently, as a result of heavy
rainfall, two feet of water ran through his backyard and
he has grown tired of cleaning all types of debris that
float down the creek. He stated that the bond referendum
was passed two years ago and nothing has been done to
correct the situation, advising that residents of the
area are not asking to be treated any better than others,
but they do not want to be treated any worse.
The Mayor requested that the City Administration
meet with Ms. Goad and Mr. Hamblett to address their
questions and concerns.
Ordinance No. 31046-060892 was adopted by the
following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None 0.
Mr. White offered the following emergency ordinance:
(#31047-060892) AN ORDINANCE accepting the bid of
Allegheny Construction Company, Inc., for construction of
Phase I of the Peters Creek Flood Reduction Project, upon
certain terms and conditions, and awarding a contract
therefor; accepting the bid of H. T. Bowling, Inc., for
construction of Phase II of the Peters Creek Flood
Reduction Project, upon certain terms and conditions;
authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 566.)
Mr. White moved the adoption of Ordinance No. 31047-
060892. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
343
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None
ZONING-ARCHITECTURAL REVIEW BOARD: Mr. John T.
Bradshaw, Chairman of the City Planning Commission
Ordinances and Names Subcommittee, advised that some time
ago, Mr. Charles H. Osterhoudt, Attorney, representing a
limited number of citizens in the City, petitioned
Council to review the H-2 District and recommended that
the N-2 zoning be abolished; however, in the event that
the H-2 District is not abolished, Mr. Osterhoudt
recommended that Council consider certain revisions.
Mr. Bradshaw stated that Council referred the matter
to the City Planning Commission for a public hearing,
advising that on May 6, the Planning Commission conducted
a four hour public hearing, and after approximately three
hours, it became quite apparent that the general
sentiment of those in attendance was that abolishing the
H-2 zone was not in keeping with the wishes of the
majority, therefore, on motion, duly seconded, and
adopted by the four members of the City Planning
Commission in attendance, it was recommended that the
Planning Commission no longer consider doing away with
the H-2 zone and that the Planning Commission would
continue to hear suggestions on how to correct the H-2
District. He pointed out that suggestions could be
grouped into such matters as improved communication
between the Architectural Review Board and citizens, and
guidelines for streamlining of the review process. He
added that a number of other issues came before the
Planning Commission as well as confusion between the ~-2
zone and financial requirements under certain of the
Federal programs required for the H-2 District. He
stated that the City Planning Commission recommended that
the Ordinances and Names Subcommittee review all
suggestions that came about as a result of the public
hearing, attempt to codify such suggestions, and make
recommendations to Council on how to modify the H-2 zone
in order to respond to certain basic concerns, which
activity is in progress at the present time. He added
that it is felt that there is a distinct need to enhance
communication between the Architectural Review Board and
the public, which may require State authority to change
certain enabling legislation.
In summary, on behalf of the City Planning
Commission, Mr. Bradshaw recommended that Council
continue the H-2, Neighborhood Preservation District, and
344
ACTION:
that the Planning Commission be permitted to pursue the
refinement of the present ordinance in order to resolve
many of the problems that were identified at the City
Planning Commission's public hearing.
(For full text, see report on file in the City Clerk's
Office.)
The Mayor advised that nine persons had registered
to address Council in connection with the matter;
whereupon, Mr. Harvey moved that each speaker be
requested to limit his or her remarks to three minutes.
The motion was seconded by Mr. Musser and adopted.
Mr. Fitzpatrick and Mr. Harvey spoke in support of
receiving a clarification of "ordinary maintenance"
under the H-2 District and added that it was crucial that
the clarification be made as soon as possible.
Mr. Fitzpatrick moved that Council concur in the
recommendation of the City Planning Commission to
continue the H-2, Neighborhood Preservation District, and
receive and file the report. The motion was seconded by
Mr. Harvey.
Mr. D. Kent Chrisman, President, Old Southwest,
Inc., 632 Walnut Avenue, S. W., a private non-profit
membership based organization founded in 1974, advised
that the Board of Directors of Old Southwest encourages
Council to support the recommendation of the City
Planning Commission which was based upon a well attended
public hearing. Furthermore, he stated that although
clarification is needed, as well as streamlining the
process under which requests are approved, he was hopeful
that Council would not allow those changes to, in effect,
cause a "watering down" of the current protection
provided by the ordinance. He explained that a
tremendous amount of misinformation has been disseminated
by opponents of the ordinance at previous hearings, and
Old Southwest hopes that Council will verify all issues
through City staff who are well informed on matters
before rendering a decision.
Ms. Peggy B. Overton, 547 Mountain Avenue, S. W.,
advised that she has resided in Old Southwest for
approximately 40 years during which time she has observed
many changes, both good and bad; however, she stated that
she does not like what is going on in Old Southwest at
the present time because it is a divided neighborhood.
She stated that she chose 40 years ago to live in Old
Southwest and she intends to continue to live there,
345
however, she is concerned when she is told that if she
does not like what is going on in the neighborhood, she
can move. She questioned why residents should have to
appear before the Architectural Review Board for
permission to install a fence or a bannister around their
porch when a building permit is not required. She stated
that she should not be required to seek approval of the
Architectural Review Board as to what color she can paint
her house when there are currently houses in the
neighborhood that are painted purple or pink which is not
the original color. She referred to a list of 90 houses
in the Old Southwest area that are currently boarded up,
as well as houses that are for sale, and advised that
even more houses will be sold if something is not done to
help residents.
Mr. Mansell H. Hopkins, 546 Elm Avenue, S. W.,
raised questions with regard to Section 36.1-345(a) of
the Code of the City of Roanoke (1979), as amended,
advising that it appears that the Architectural Review
Board does not have jurisdiction over windows, doors,
roofs, etc. He stated that he did not understand how a
fence could be called a structure, advising that there
are numerous vague areas that need to be clarified. He
spoke in support of improvements to the neighborhood
insofar as health and safety.
Mr. Robert E. Zimmerman, Jr., 1015 Langhorne Street,
S. E., owner of properties in all four quadrants of the
City, stated that H-2 zoning restrictions need to be
redefined. He further stated that the H-2 zone covers
too much land area in southwest, advising that it would
not make sense to spend a considerable sum of money
rehabilitating homes on Patterson Avenue, or Rorer
Avenue, or Campbell Avenue, or Day Avenue, or Marshall
Avenue, etc., when the property owner could not get a
decent return on their money. He stated that the City
should go back to the beginning with the H-2 designation
and approach all property owners in the area to determine
what the majority of property owners want.
Mr. Robert F. Holt, 519 Woods Avenue, S. W., advised
that he has renovated five victorian homes In Old
Southwest, and he is disturbed when he hears people
downgrade the architectural character of these fine old
homes because the original architecture should be
retained as much as possible. He called attention to the
level of cooperation he has received by City staff and
noted that problems with the Architectural Review Board
are minute. He requested that Council retain the H-2
346
zoning, keep the district strong, and support City staff,
Old Southwest residents and the fine old victorian homes
that exist in the area.
Ms. Petie V. Brigham, 509 Allison Avenue, S. W.,
advised that for at least the five years she has resided
in the area, Old Southwest has tried to rise above
mediocrity, not Just for rich, poor or middle classes, or
black or white, but to make the area a neighborhood for
all people. She further stated that residents are
looking for excellence, not perfection, and in order to
retain the quality of the neighborhood, the H-2 District
must be left intact. She added that unfortunately, the
people who detract from the area are not the people who
will take the time to attend an Old Southwest meeting, or
a fundraiser, or an Architectural Review Board hearing,
and stated that Old Southwest, Inc., would like to see
the people who detract from the neighborhood, or those
who endeavor to undo the ordinance, come forth and work
with the efforts of Old Southwest.
Mr. David F. Kunsa, 401 Walnut Avenue, S. W., urged
that Council support the H-2 District and that rules and
regulations pertaining to maintenance be defined for the
benefit of the Architectural Review Board. He stated
that part of the problem in Old Southwest is not Just
with the H-2 District, but with basic building codes and
enforcement of routine matters that could happen anywhere
in the City.
Mr. William H. Tanger, 1302 2nd Street, S. W.,
advised that he is co-owner of three properties in Old
Southwest. He stated that all three of the properties
were purchased, funds were invested and the properties
were renovated due, in part, to the character and nature
of Old Southwest. He advised that the H-2 zone is an
absolute necessity, and it is needed in order to improve
Old Southwest to the point where it will become a tourist
attraction. He pointed out that there are certain
definitions that need to be clarified, there is room for
better harmony, and the Architectural Review Board is
working on positive plans to address the issues. He
requested that Council continue the H-2 overlay and
review definitions at a later time.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
appeared before Council on behalf of the Historic
Gainsboro Preservation District, Inc., and as a member of
the Board of Directors of the Roanoke Valley Preservation
Foundation. She spoke in support of continuation of the
H-2 District, and advised that she also spoke on behalf
347
ACTION=
of homeowners of several generations in northeast
Roanoke, which homes represent a significant part of the
City of Roanoke and its history. She stated that with
the advantages of the H-2 District, her area of Roanoke
could be developed and become a tremendous tourist
attraction for the City, but more importantly, the houses
in the Gainsboro area represent people, not developers,
people who have roots in the City of Roanoke and have
continued to live in the area despite all types of urban
development and other plans. She encouraged the City to
retain the H-2 District, but suggested that design
guidelines be developed for certain neighborhoods that
would pertain to a specific area, whereby the
architectural integrity of that area would be maintained,
where streetscapes would remain intact and cultural
advantages would remain, rather than adopt one uniform
set of guidelines that would pertain to properties
throughout the entire City.
The motion offered by Mr. Fitzpatrick, seconded by
Mr. Harvey, to concur in the recommendation of the City
Planning Commission to continue the H-2, Neighborhood
Preservation District, and receive and file the report
was unanimously adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 9:40 p.m., the Mayor declared the meeting in
recess.
At 10:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers 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
348
ACTION=
ACTION:
ACTION:
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None --- 0.
HOUSING (ROANOKE REDEVELOPMENT AND HOUSING
AUTHORITY): The Mayor advised that there is a vacancy on
the Roanoke Redevelopment and Housing Authority, Board of
Commissioners, created by the resignation of Ms.
Hallie B. Albergotti, for a term ending August 31, 1994,
and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Mr.
Willis M. Anderson.
There being no further nominations, Mr. Anderson was
elected as a member of the Roanoke Redevelopment and
Housing Authority for a term ending August 31, 1994, by
the following vote:
FOR MR. ANDERSON: Council Members Harvey, Musser,
White, Bowers, Bowles, Fitzpatrick and Mayor Taylor .... 7.
COUNCIL: Mr. Bowers moved that the Council meeting
be continued beyond the 11:00 p.m., automatic adjournment
hour. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None 0.
At 11:00 p.m., the Council reconvened in Executive
Session.
At 11=25 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding and all members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None 0.
HOUSING (ROANOKE REDEVELOPMENT AND HOUSING
AUTHORITY): The Mayor advised that there is a vacancy on
the Roanoke Redevelopment and Housing Authority, Board of
Commissioners, created by the resignation of Ms.
Hallie B. Albergotti, for a term ending August 31, 1994,
and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Mr.
Willis M. Anderson.
There being no further nominations, Mr. Anderson was
elected as a member of the Roanoke Redevelopment and
Housing Authority for a term ending August 31, 1994, by
the following vote:
FOR MR. ANDERSON: Council Members Harvey, Musser,
White, Bowers, Bowles, Fitzpatrick and Mayor Taylor .... 7.
COUNCIL: Mr. Bowers moved that the Council meeting
be continued beyond the 11:00 p.m., automatic adjournment
hour. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None 0.
At 11:00 p.m., the Council reconvened in Executive
Session.
At 11:25 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding and all members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers 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
349
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .... 7.
NAYS: None 0.
There being no further business, the Mayor declared the
meeting adjourned at 11:27 p.m.
APPROVED
ATTEST:
City Clerk
350
REGULAR WEEKLY SESSION ......
ROANOKE CITY COUNCIL
June 15, 1992
p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, June 15,
1992, at 2:00 p.m., the regular meeting hour, with Vice-Mayor
Howard E. Musser presiding, pursuant to Rule 1, Regular Meetingst
of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENTs Council Members William White, Sr., David A. Bowers,
Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey,
II, and Vice-Mayor Howard E. Musser ........ 6.
ABSENT: Mayor Noel C. Taylor .....
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dlbling, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Vice-Mayor Howard E.
Musser.
The Pledge of Allegiance to the Flag of the United States of
America was led by Vice-Mayor Musser.
ACTS OF ACKNOWLEDGEMENT-HEALTH DEPARTMENT: Mrs.
Bowles offered the following Resolution recognizing the
outstanding achievements of Sandra W. Ryals, Nurse
Manager, Roanoke City Health Department, who was honored
as Virginia's Public Health Nurse of the Year:
(#31048-061592) A RESOLUTION recognizing the
outstanding achievements of Sandra W. Ryals, Nurse
Manager, Roanoke City Health Department, who has been
honored as Virginia's Public Health Nurse of the Year.
(For full text of Resolution, see Resolution Book No. 53,
page 571.)
ACTION:
Mrs. Bowles moved the adoption of Resolution No.
30148-061592. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
351
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor Musser ............ 6.
NAYS: None. --0,
(Mayor Taylor was absent.)
The Vice-Mayor presented Ms. Ryals with a signed and
framed copy of the abovedescribed resolution.
ROANOKE NEIGHBORHOOD PARTNERSHIP-POLICE DEPARTMENT:
Mr. Robert N. Turcotte, President of the Greater Raleigh
Court Civic League, advised that in 1991, the Roanoke
City Police Department and the Greater Raleigh Court
Civic League cooperated to solve a string of 27
burglaries that took place in the Raleigh Court
neighborhood which occurred in the middle of the night
while residents were asleep. He stated that in May 1992,
he, along with Major Robert D. Shields from the Police
Department, represented the City of Roanoke at the
Neighborhood's U.S.A. Conference in Anchorage, Alaska,
and presented a video demonstrating what happens when a
neighborhood and the Police Department work together. He
advised that as a result of the video, the Greater
Raleigh Court Civic League received the Neighborhood of
the Year Award which is the equivalent of the All-America
City Award.
Mr. Turcotte and Major Shields presented the seven
minute video for viewing by the Members of Council.
At this point, 2:30 p.m., Council Member Fitzpatrick
left the meeting.
BID OPENINGS
CITY JAIL: Pursuant to notice of advertisement for
bids for Roanoke City Jail infill, second floor, said
bids to be received by the City Clerk until 1:30 p.m., on
Monday, June 15, 1992, and to be held, opened and read
before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Vice-Mayor
asked if anyone had any questions about the advertisement
for bids, and no representative present raising any
question, the Vice-Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
352
ACTION=
ACTION:
ACTION:
BIDDER
TOTAL PROJECT BID
Q. M. Tomlinson, Inc.
Acorn Construction, Ltd.
Breakell, Inc.
Martin Brothers
Contractors, Inc.
Branch & Associates, Inc.
Lionberger Construction Co.
Avis Construction Co.
Thor, Inc.
Williams Painting &
Remodeling, Inc.
Compton Excavating, Inc.
$405,317.00
409,600.00
410,000.00
427,000.00
432,000.00
434,900.00
435,000.00
457,700.00
458,000.00
489,000 00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Vice-Mayor for
tabulation, report and recommendation to Council. The
motion was seconded by Mr. Bowers and adopted.
The Vice-Mayor appointed Messrs. William White, Sr.,
Chairperson, W. Alvin Hudson, William F. Clark and Kit B.
Kiser as members of the committee.
CONSENT AGENDA
The Vice-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.
LIBRARY-CIVIC CENTER: A communication from Mr.
Delvis O. McCadden tendering his resignation as a member
of the Roanoke Public Library Board and the Roanoke Civic
Center Commission, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be
received and filed, and that the resignation be accepted
with regret. The motion was seconded by Mr. Harvey and
adopted by the following vote:
353
ACTION=
ACTION=
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser-- -5.
NAYS: None ...... 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): A
communication from The Reverend C. Nelson Harris
tendering his resignation as a member of the Special
Events Committee due to his recent appointment to the
Roanoke City School Board, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be received
and filed, and that the resignation be accepted. The
motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser ......................... 5.
NAYS: None 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
JUVENILE DETENTION HOME (YOUTH SERVICES CITIZEN
BOARD): A report of qualification of Corinne B. Gott and
Mollie C. Deberry as members of the Youth Services
Citizen Board, for terms ending May 31, 1995, was before
Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser .......... 5.
NAYS: None -0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
354
ACTION:
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: A request of Mr. Finn D. Plncus,
Chairperson of the Roanoke City School Board, to address
Council with regard to objectives and accomplishments of
the Board for 1991-92, was before Council.
The Vice-Mayor advised that Mr. Plncus had requested
that the item be postponed indefinitely; whereupon, Mr.
Bowers moved that Council concur in the request. The
motion was seconded by Mr. Harvey and adopted.
PETITIONS AND COMMUNICATIONS:
AIRPORT-BUDGET: A report of the Roanoke Regional
Airport Commission advising that Council considered the
1992-93 budget and proposed capital expenditures on
February 24, 1992; that a motion was made to approve the
budget, however, the motion failed due to lack of a
second; that there was no discussion of the budget, no
questions were asked of the City's representatives, nor
were any reasons given during the meeting of displeasure
of the budget or the Co~unission; and news reports
following the Council meeting indicated that Members of
Council thought the Commission was insensitive to the
needs and wants of general aviation.
The Commission presented background information with
regard to the status of the airport in general, general
aviation, and the subject budget.
It was pointed out that the Commission has:
recognized the impact of the current
recession and decided to phase in
the general aviation improvements;
agreed to proceed with a capital
improvement plan which would have
the Commission funding, largely
through Federal and State grants,
site Dreparation work for new
corporate and T-hangars;
decided to continue the spirit of
free market competition by requiring
bidding on Commission controlled
general aviation facilities;
355
ACTION:
decided to seek bids for
construction, financing and control
of new corporate hangars and T-
hangars after the Commission has
contracted for site improvements;
and
Be
held workshops and hearings on the
above plan of action, as well as
received many comments at regular
Commission meetings.
The Chairman of the Airport Commission advised that
no deficit is projected; that capital ~xpenditures
include an estimated expenditure of $1,082,100.00 for
general aviation site improvements and another
$300,000.00 for engineering work to improve air cargo
facilities; and projected expenditures for the operating
budget is up $9,388.00, for a percentage of 0.23%.
The Commission requested that Council approve the
Fiscal Year 1992-93 Budget and Proposed Capital
Expenditures of the Roanoke Regional Airport Commission.
(For full text, see report and proposed budget on file in
the City Clerk's Office.)
Mr. Harvey offered the following resolution:
(#31049-061592) A RESOLUTION approving the Roanoke
Regional Airport Commission's 1992-93 proposed operating
and capital budget, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 572.)
Mr. Harvey moved the adoption of Resolution No.
31049-061592. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser .......... 5.
NAYS: None-- 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
356
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
YOUTH-POLICE DEPARTMENT-CITY CODE: The City Manager
advised that as a result of concerns raised by citizens
relative to the City's current curfew law, a committee
was appointed to review state law, as well as the City's
current ordinance, to contact other cities that have a
curfew ordinance, and to recommend needed changes to the
Code of the City of Roanoke, 1979, as amended. He called
Council's attention to a draft report of the Curfew
Review Committee, advising that in order to provide the
public with an opportunity to consider the
recommendations, he had requested Mr. Mark C. Johnson,
Chairman of the Committee, to present a briefing on the
recommendations.
Mr. Johnson reviewed background information; and
significant findings through discussing with
representatives from local law enforcement, Court
Services, the Judiciary, the City's Youth Advisory
Committee and other related research. He advised that
the Curfew Review Committee identified certain options,
and based on findings and conclusions, the Committee made
both immediate and long term recommendations towards
establishing a family focused curfew system·
On behalf of the City Manager and the Curfew Review
Committee, he presented the following recommendations:
1. establish a Juvenile Citation
Program by July 1, 1992;
amend City Code Section 21-5 (a & b)
to modify the curfew hours and
exceptions and to increase the
penalty for parents knowingly
permitting a child to violate
curfew;
design a comprehensive
awareness campaign;
public
establish a long-term curfew
committee to monitor the status of
the recommendations and to make
appropriate future recommendations;
357
ACTION=
ACTION=
support legislat~on to amend State
Code Sections 16.1-278.6 and 16.1-
278.4 to provide for suspension of
driving privileges and the
institution of fines as sanctions
for curfew violators;
amend the City Code to provide for
drivers l~cense suspension and fines
as sanctions ~f and when approved by
the General Assembly; and
study the need for the development
of resources for the temporary care
of unsupervised curfew violators,
social services intervention of
curfew violators and mandated
parental training for recidivating
families.
The City Manager advised that he intended to
recommend a proposed ordinance to Council as outlined
above, within the next few weeks.
(For full text, see draft report on file in the City
Clerk's Office.)
With regard to recommendation No. 6 to amend the
City Code to provide for driver's license suspension and
fines as sanctions if and when approved by the General
Assembly, Mr. Harvey suggested that the recommendation be
included in the City's 1993 Legislative Program, and that
the matter be referred to the Legislative Committee for
consideration.
Mrs. Bowles moved that the report of the City
Manager be referred to the City Attorney for preparation
of the proper measure. The motion was seconded by Mr.
Bowers and adopted.
Mrs. Bowles moved that the matter be referred to the
City Attorney for preparation of the proper measure. The
motion was seconded by Mr. Bowers and adopted.
REFUSE COLT.ECTION: The City Manager called upon Mr.
William F. Clark, Director of Public Works, for a
briefing with regard to curbside/alleyside refuse
collection efforts by the City.
358
Mr. Clark advised that refuse collection is one of
the most important services provided to the citizens of
the City of Roanoke, with expenditures in the current
fiscal year expected to exceed $4 million; that backyard
collection service is provided by City crews to those
residents not served by alleyways, however, many
residents voluntarily set their refuse to the street for
weekly collection and only approximately 30 per cent of
City residents receive the backyard collection; and the
City of Roanoke is the only locality in the Roanoke
Valley that has a no fee refuse collection service with
backyard pickup.
Mr. Clark explained that solid waste disposal costs
are expected to increase significantly in the next two
years with the opening of the new regional landfill and
transfer station; that in 1988, the cost to the City to
dump refuse at the regional landfill was $11.00 per ton,
the present rate is $20.00 per ton, and the rate is
expected to increase to at least $50.00 per ton when the
new landfill is operational.
The Director of Public Works advised that a recent
citizen survey indicated broad based support for the City
to modify its refuse collection service to require
residents to place their solid waste at the street or
alley for pickup by City crews, with significant cost
savings to be used to expand state mandated recycling
programs and to offset the anticipated increase in
disposal facilities.
Mr. Clark called attention to two alternatives; viz:
(1) pursue implementation of curbside/alleyside refuse
collection which would require City residents to place
their household solid waste at the street in front of or
at the alley in the rear of their home for pickup by City
crews which would provide an overall reduction in labor
costs and equipment. He advised that a portion of the
savings will be used to offset the state mandated
recycling program and the net reduction will be
$386,000.00 upon full implementation, with additional
inestimable savings which will result from fewer workers
compensation injuries and virtual elimination of claims
from citizens for materials inadvertently picked up by
collection crews. It was explained that there will be no
change in refuse collection service for residents
currently placing their refuse at the alley or the rear
of the home and a carrying out service will be provided
at no additional cost to those residents who are unable
to carry their household waste to the street due to
physical limitations. (2) For those residents who desire
359
ACTION:
to continue to receive the additional carry out service
from the backyard by City personnel, Mr. Clark advised
that a fee service will be provided; that the program
will ultimately result in a work force reduction of 13
employees and it is recommended that no existing
personnel will be terminated; that curbside/alleyside
refuse collection will eliminate the need for one motor
equipment operator and 18 sanitation workers; however,
six of these positions can immediately be transferred to
Recycling to provide continued implementation of this
state mandated effort and remaining personnel will be
used to reduce the use of temporary employees throughout
the City organization until said employees can be
transferred into various other City departments through
attrition.
Mr. Clark advised that during the next three and
one-half months, the City Administration will meet with
neighborhood organizations, churches, civic groups and
City residents in order to present the proposed plan and
to seek citizen input; and assuming that Council is in a
position to take final action on the proposal in
September, it is recommended that curbside/alleyside
refuse collection will De implemented by January 4, 1993.
Mr. Harvey moved that the briefing be received and
filed. The motion was seconded by Mr. White and adopted.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CIVIC CENTER: The City Manager submitted a
written report advising that the original fiscal year
1992 Civic Center budget appropriation was $2,061,730.00,
including operations, promotions, depreciation and
capital outlay; that budget adjustments through April,
1992 total $15,660.00; that current Civic Center budget
as of April, 1992, totals $2,077,390.00; that total
expenses for fiscal year 1992 are now estimated to be
$2,138,640.00, an increase of $61,250.00 over the current
budget; and current budget synopsis is as follows:
Current Civic Center expense budget
Estimated expenditures for FY '92
Additional funding required
$2,077,390.00
2t138t640.00
} 61,250.00
Anticipated collections for FY '92
Current revenue estimate
Revenue in excess of estimate
$1,784,850.00
!,695,921.00
~ 88,929.00
360
ACTION:
It was further advised that appropriation of funds
is requested to cover the cost of certain additional
operating expenses; that the funding source is available
from Civic Center revenues; and a transfer of funds is
requested to cover current year operating costs.
The City Manager recommended that Council
appropriate $61,250.00 to cover the cost of certain
operating expenses, and transfer $12,844.00 to cover fire
damage repairs in the auditorium.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31050-061592) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Civic Center Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 573.)
Mr. Harvey moved the adoption of Ordinance No.
31050-061592. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser ..................... 5.
NAYS: None 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
BUDGET-POLICE DEPARTMENT: The City Manager
submitted a written report advising that during the
fiscal year 1992-93 budget development process, review
enhancement and operating efficiency received priority
consideration; and the Police Department identified two
areas for review; viz: increased fees and new fees.
It was explained that the Police Department reacts
to approximately 5,000 security alarms each year; that
alarms originate in a variety of ways which include
audible alarms, electronic messages to control centers in
this and several distant cities, and notice by automatic
signal to designated telephone numbers; that all generate
notice to the 911 system and an immediate response by
police personnel, with attendant risk and liability; that
361
97 per cent, or 4,850 are false alarms; and a reduction
in false security alarms will benefit everyone now
affected.
It was noted that the Fee Compendium established by
Council on November 11, 1991, authorized the fee schedule
for the Police Department based on the cost of providing
various services; however, the fee schedule no longer
accurately reflects the costs of the following services
administered by the Police Department:
Public Vehicle Drivers Licenses
Concealed Weapons Permit
Conservator of the Peace
Verification Reports
S.P.C.A. Fee (a control service fee)
The City Manager recommended that Council adopt a
measure amending the f~e compendium to reflect the
following increases:
Current Last Proposed
Title Fee Revised Fee
Public Vehicle
Drivers License
Concealed
Weapons Permit
$10.00 11/91 $20.00
annually annually
$155.00 11/91 $250.00
annually annually
$9.00 $25.00
biennial biennial
Conservator of
the Peace
$150.00 11/91 $250.00
annually annually
$9.O0 $25.O0
biennial biennial
Verification $9.00 11/91 $10.00
Reports per report per report
S.P.C.A. Fee $3.00
(Animal Control per pickup
Fee)
3-5 Mrs
within
12
months
362
ACTION
$10.00
first
pick up
$20.00
second
pick up
$30.00
third
pick up
$2.00 dally
boarding
$5.00 dally
boarding
The City Manager further recommended that Council
establish fees for false alarms as defined by a proposed
ordinance (See Attachment B of the City Manager's report)
at the rates set forth tn a proposed resolution (See
Attachment C of the City Managers report).
(For full text, see report, Attachments A, B, and C,
proposed resolutions and ordinance on file in the City
Clerk's Office.)
Mr. Bowers offered the following emergency
ordinance:
"AN ORDINANCE amending the Code of
the City of Roanoke (1979), as
amended, by adding a new Article IV,
False Alarm, to Chapter 23, Police;
such new Article providing for and
establishing fees to be assessed by
the City for certain false alarms
responded to by the Police
Department and providing for an
appeal procedure and exceptions; and
providing for an emergency and an
effective date."
Mr. Bowers moved the adoption of the ordinance. The
motion was seconded by Mr. Harvey.
Mr. M. David Hooper, Chief of Police, reviewed the
proposed false security alarm fee ordinance proposal.
A communication from Mr. Edward A. Natt, Attorney,
representing Electralarm Systems, Inc., advising that
approximately one month ago, his client received a
request for input into the false alarm fee proposal and
363
II
responded by completing a requested form and returning it
to the City Administration; that since that time, his
client has heard nothing from the City Administration;
that the proposal currently before Council includes none
of the recommendations of his client; and the proposal is
quite different from industry standards, was before the
body.
Mr. Natt advised that the proposal has a very
serious impact on his client and his businesses, and
inasmuch as neither he or his client can be present on
such short notice, he requested the matter be carried
over until the next regular meeting of Council on Monday,
June 22, 1992.
(For full text, see communication on file in the City
Clerk's Office.)
A communication from Mr. Franklin D. Kimbrough,
Executive Director, Downtown Roanoke, Inc., advising that
on January 9, 1992, the Board of Directors overwhelmingly
endorsed the proposed ordinance to establish a fee system
for false security alarms, was before Council.
It was explained that the leadership of Downtown
Roanoke, Inc., supports the initiative as a prudent cost
containment measure; that it is important to maintain the
level of service that the City of Roanoke enjoys while
attempting to hold the line on cost; that with the false
security alarm ordinance proposal, the burden of
compensating for additional manpower and equipment needed
in response to false alarms will be equitably transferred
to those utilizing the service; and it is believed that
the vast majority of the downtown business community
understands and endorses the proposal as a prudent cost
containment measure.
(For full text, see report on file in the City Clerk's
Office.)
A communication from Mr. Philip A. Jones, Corporate
Loss Prevention Manager of the Leggett Stores, advising
that while the Leggett Stores-appreciate the problems
created by false alarms and the need to control them, the
proposed ordinance seems to fall short of other similar
ordinances, was before Council.
Mr. Jones suggested that the ordinance be rewritten
to be more reflective of national standards, advising
that his specific concerns fall into the following three
areas:
364
"The definition of false alarm is too general.
It now states that "any" alarm resulting in a
response is a false alarm. There are several
extenuating circumstances that should be
addressed in this definition.
Exceptions to the ordinance are too limited.
There are several conditions beyond the
control of the user other than weather and
telephone problems. Water and power surges -
rodent damage - and severe service problems
are but a few additional exceptions that
should be recognized.
False alarm penalties are too stiff. It is
more typical for a $25.00 per false alarm
occurrence to begin after a residence or
business has had four to five alarms within a
twelve month period. The present ordinance
proposes to start fines after the first alarm
at a rapid increase per occurrence."
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Seth P. Oginz, appeared before Council on behalf
of the Virginia Burglar & Fire Alarm Association,
representing hundreds of alarm companies in Virginia, and
advised that the Association is well aware of the false
alarm problem and, in conjunction with the National
Burglar & Fire Alarm Association, has embarked upon
several programs to reduce and control the extent of the
false alarm problem. He further advised that the
Association has supported measures in those cases where
an ordinance has been prepared with its major goal being
the reduction of false alarms, with careful consideration
being given to alarm users and alarm industry concerns.
Mr. Oginz explained that several serious concerns
relative to having an effective ordinance for Roanoke has
been discussed with representatives of the Police
Department, however, these important considerations were
apparently ignored in the drafting of the proposed
ordinance. He pointed out that one of the most important
considerations in drafting an ordinance of this type is
the recognition that the primarypurpose of the ordinance
is not to raise revenue or to pay for police services
which are already funded by taxpayers, but to reduce
false alarms; and the taxpayer who has installed an alarm
system is obviously not satisfied with police services
and the criminal Justice system that his tax dollars are
365
funding and, therefore, feels the need for an additional
deterrent to burglars, vandals, etc. He noted out that
alarm users who are careless, negligent, unwilling to
properly maintain their security system, or unwilling to
train their personnel should be penalized, however, alarm
users who experience a false alarm through matters beyond
their control, other than allowed exceptions in the
proposed ordinance of severe weather or disruption of
telephone service, should be given the opportunity to
take corrective action before a penalty is imposed; and
it is not inconceivable that some companies and
homeowners will discontinue use of their alarm systems
rather than face the costs imposed by the City for an
occasional error.
Mr. Oginz advised that the City should recognize
that while human error is responsible for the majority of
false alarms, mechanical and electronic malfunctions do
occur and it is not uncommon for several alarm
activations to occur before corrective action can be
successfully accomplished by the alarm user or by the
alarm company. He stated that since the primary goal of
the proposed ordinance is to deal with those habitual
abusers of their alarm system, a reasonable approach
would be to allow four false alarms in a six month period
and then assess a penalty; and the penalty should be
enough to get the attention of alarm users, but not
designed to pay for a police response which is already
paid for by taxpayers.
In reference to exemptions, Mr. Oginz pointed out
that advance notice to the dispatcher to not send an
officer to a specific location because an alarm system is
actively being repaired can be supplied by a burglar
attempting to burglarize a home or a business} and all
notifications to an alarm user of police response to a
false alarm should be in writing inasmuch as non-written
communication is too easily not delivered, misinterpreted
or forgotten. He questioned why alarm systems under
control of the School Board and City, State and Federal
governments are exempt from provisions of the proposed
ordinance, while all other alarm users pay for these
governmental operations with tax dollars, as well as
unnecessary police response.
In closing, Mr. Ogtnz pointed out that the Virginia
Burglar & Fire Alarm Association is not opposed to a
false alarm ordinance if it is defined properly and
addresses the concerns of the industry and the user,
along with the Police Department and other City concerns;
however, the proposal before Council is onestded and
366
ignores the concerns of everyone except the Police
Department and the City. Therefore, he stated that the
Virginia Burglar & Fire Alarm Association cannot support
the ordinance as currently proposed.
(For full text, see communication on file in the City
Clerk's Office.)
Members of Council raised questions with regard to
the following points:
"The user may appeal for an exception from a
false alarm designation or imposition of fee
within seven calendar days of first
notification of the occurrence of the false
alarm if the cause was beyond their control
due to severe weather or disruption of
telephone circuits. Satisfactory evidence to
support the appeal must be supplied upon
request to the Records Bureau Lieutenant or
his designee. Any such exception must be
approved by the Chief of Police or his
designee."
"Newly installed security alarms will be
exempted for a period of 20 days from the
installation date provided the user gives
prior written notice to the Police Department
of the installation date and any service or
adjustment during that time that may cause a
false alarm."
A suggestion was made that those persons selling
and/or installing equipment should bear the
responsibility of notifying the purchaser of the City's
rules and regulations with regard to false security
alarms.
Following discussion of the proposal, Mr. Bowers
offered a substitute motion that the matter be referred
back to the City Manager for a period of up to 30 days to
address the following points of concern:
provision of a more precise
definition as to when the seven days
will commence on the notification
that a false alarm has occurred;
a question of whether or not the
alarm company can be charged with
the responsibility of notifying
367
ACTION:
purchasers of alarm systems of local
requirements with regard to such
equipment;
the question of whether or not City
has the authority to incorporate in
the proposed ordinance a requirement
for annual inspection of alarm
equipment;
the question of a longer period of
time to correct new equipment
implementation problems (20 days was
proposed); and
Se
the matter of further consideration
relative to the number of free false
alarms every six months.
The substitute motion was seconded by Mr. White.
The City Manager advised that it would be his intent
to report to Council at its next regular meeting on
Monday, June 22, 1992, with regard to the above points of
Mr. Bowers amended his substitute motion to request
that the City Manager submit his report to Council at the
next regular meeting on Monday, June 22, 1992. Mr. White
accepted the amendment to the substitute motion, and the
amendment was adopted.
The substitute motion, as above amended, was then
adopted.
At 4:20 p.m., the Vice-Mayor declared the meeting in
recess.
At 4:30 p.m., the meeting reconvened in the Council
Chamber, with Vice-Mayor Musser presiding, and all
members of the Council in attendance, with the exception
of Mayor Taylor and Council Member Fitzpatrick.
HOUSING-GRANTS: The City Manager submitted a
written report advising that the Rental Rehabilitation
Program is a cooperative program among the United States
Department of Housing and Urban Development, the City and
the Roanoke Redevelopment and Housing Authority to
encourage rehabilitation of privately-owned rental
property in targeted areas; that the City's Program
design for 1991 calls for funds to be used specifically
368
ACTION=
to assist in the renovation of buildings in the downtown
area for rental housing units in cooperation with the
Roanoke Community Development Corporation and Downtown
Roanoke, Inc.; and the City's Program description,
drafted in the summer of 1991, defines certain terms of
financing under said Program.
It was further advised that actual experience with
development proposals in the downtown area since the
Program was designed shows that there is a need to allow
Program funding to take a fourth mortgage position; that
one proposal may be approved immediately with Program
funds as a fourth mortgage, but the appraisal shows a
total loan-to-value ratio and projected cash flow well
within other limits established by the Program; that
several other proposals under development and negotiation
may also require the flexibility of a fourth mortgage by
the Program funding; and modification of the Program
description by Council is necessary to provide for this
option.
The City Manager recommended that Council approve a
modification to the 1991 Rental Rehabilitation Program to
allow Program funding to take as low as a fourth mortgage
position if other terms of the financing provide
reasonable security.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(%31051-061592) A RESOLUTION approving the
modification of the provisions of the 1991 Rental
Rehabilitation Program, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 53,
page 574.)
Mrs. Bowles moved the adoption of Resolution No.
31051-061592. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser ...... 5.
NAYS: None, .0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
369
ACTION=
HUMAN RESOURCES-GRANTS: The City Manager submitted
a written report advising that the Roanoke Area
Ministries, the Roanoke Valley Trouble Center, Inc.
(TRUST), and Total Action Against Poverty submitted
proposals for funding through the 1992 Emergency Shelter
Resource Fund; that requests totaled $54,463.00; that a
Task Force carefully studied each proposal using
application requirements, federal guidelines, and pre-
determined criteria to recommend an allocation of funds
and found that the abovenamed agencies were eligible for
funding after meeting application requirements and
federal guidelines; and the Follow-Up Task Force on
Homelessness submitted the following recommendations to
the City Manager:
allocate $12,000.00 to Roanoke Area
Ministries;
allocate $11,000.00 to Roanoke
Valley Trouble Center, Inc.; and
allocate $18,000.00 to Total Action
Against Poverty.
The City Manager recommended that Council allocate
funds as above set forth and that he be authorized to
execute the sub-grant agreements.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31052-061592) A RESOLUTION concurring in the
recommendation of the City Manager's Follow-UpTask Force
on Homeless as to the allocation of Emergency Shelter
Resource Funds, and authorizing Execution of the subgrant
agreements with Roanoke Area Ministries, Total Action
Against Poverty and TRUST to administer the funds.
(For full text of Resolution, see Resolution Book No. 53,
page 575.)
Mr. White moved the adoption of Resolution No.
31052-061592. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
37O
ACTION:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser ................... 5.
NAYS: None 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
CITY CODE-CITY EMPLOYEES-PERSONNEL DEPARTMENT: On
Monday, June 8, 1992, Council received a briefing with
regard to a proposed new paid and extended illness leave
program for City employees, the matter was again before
the body; whereupon the City Manager recommended that
Council approve Implementation of the Paid Leave and
Extended Illness Leave Policy, advising that the
Department of Personnel Management will submit the
proposed policy to the Personnel and Employment Practices
Commission for comment.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
ordinance:
(#31053-061592) AN ORDINANCE amending Article III,
Officers and Employees Generally, of Chapter 2,
Administration, of the Code of the City of Roanoke
(1979), as amended, by redesignating Article III as
Officers and Employees; by amending 92-42, Application of
Divisions 2 and 3 to Constitutional Officers and their
Em lo~; by designating ~2-28 through 2-46 as Division
1, Generally; by enacting new Division 2, Vacation Leave
and Sick Leave, consisting of S2-48, Applicability,
S2-49, Vacation Leave, S2-50, Sick Leave, and ~2-51,
Same--For Employees of the Fire Department; and by
enacting new Division 3, Paid Leave and Extended Illness
Leave, consisting of 92-53, Applicability, S2-54, Paid
Lgave, and 92-55 Extended Illness Leave; repealing
certain sections of the City Code; and providing for an
emergency and establishing an effective date.
(For full text of Ordinance, see Ordinance Book No. 53,
page 576.)
Mr. Harvey moved the adoption of Ordinance No.
31053-061592. The motion was seconded by Mr. White and
adopted by the following vote:
371
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser- 5.
NAYS: None 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
ROANOKE VALLEY RESOURCE AUTHORITY-REFUSE COLLECTION:
The City Manager submitted a written report advising that
the Members Use Agreement dated October 23, 1991, between
the Roanoke Valley Resource Authority and Charter Members
which include Roanoke City, Roanoke County and the Town
of Vtnton, provides for the following:
No flow control, e.g. there is no
requirement that the member
governments or their private hauler
use the new facilities.
Annual budget and any amendment
thereto must be approved by the
Charter Members.
Termination provisions under certain
circumstances.
It was explained that revisions to the Member Use
Agreement are needed to secure a bond rating; that most
suggested revisions are limited to the term of the
proposed 1992 Solid Waste Disposal Bond Issue; and the
first amendment would provide for the following:
Charter Member Uses agree to
transport all member government
generated waste and all member
government collected waste, either
by government trucks or in trucks of
private haulers under contract to
the government, to the new
facilities.
Continuation of operation at the
previous level of annual operating
budget until a new budget is
approved.
No termination of the Members Use
Agreement while the 1992 bonds are
outstanding.
372
ACTION:
The City Manager recommended that Council approve
the First Amendment to the Members Use Agreement, as
abovedescribed.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency
ordinance:
(#31054-061592) AN ORDINANCE approving and
authorizing the execution of the First Amendment to the
Roanoke Valley Resource Authority Members Use Agreement,
upon certain terms and conditions; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 584.)
Mr. Bowers moved the adoption of Ordinance No.
31054-061592. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser ................ 5.
NAYS: None 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
BUDGET-FLOOD REDUCTION/CONTROL: The City Manager
submitted a written report with regard to the Roanoke
River Flood Reduction Project, advising that acquisition
of property rights, outright purchase, easements and/or
right of way, is the City's primary responsibility for
the Roanoke River Flood Reduction Project, which includes
producing plats, obtaining independent property
valuations, making offers, preparing deeds, recording
executed deeds and acquiring property interest, through
condemnation if necessary; that environmental assessments
have been determined by the Corps of Engineers to be a
project cost element as defined in the Local Cooperative
Agreement; and Council authorized execution of a contract
with Dewberry and Davis, in the amount of $152,000.00,
for a Phase I Environmental Assessment which included
detailed record searches and field investigations; and
Phase I contract anticipated the possibility of a Phase
II Environmental Assessment to be performed by Dewberry
373
ACTION:
& Davis based on information compiled, including suspect
conditions that would warrant more detailed study and
testing.
It was explained that Phase I Environmental
Assessments identified 143 of 237 parcels that required
additional research and/or testing; that additional
research has been broken into Phase II-A and II-B; that
Phase II-A Environmental Assessments will determine the
presence of hazardous substance, materials or waste and,
where possible, the degree and extent of contamination,
at an estimated cost of $709,000.00; and Phase II-B
Environmental Assessments will determine the amount of
hazardous substance, materials or waste, and the exact
impact of such material on the area proposed to be
acquired, at an estimated maximum cost of $484,950.00.
The City Manager recommended that he be authorized
to execute an amendment to the contract, in a form
approved by the City Attorney, for Phase II Environmental
Assessment with Dewberry & Davis, in the amount of
$1,194,650.00; and that the Director of Finance be
authorized to transfer $1,194,650.00 from Account No.
008-056-9619-9003 to an account to be entitled RRFRP-
Phase II Environmental Assessments.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31055-061592) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 585.)
Mrs. Bowles moved the adoption of Ordinance No.
31055-061592. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser ........ 5.
NAYS: None 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
374
ACTION=
Mrs. Bowles offered the following resolution:
(#31056-061592) A RESOLUTION authorizing the
execution of the First Amendment to the contract with
Dewberry and Davis to provide Phase II environmental
assessment services for the Roanoke River Flood Reduction
Project.
(For full text of Resolution, see Resolution Book No. 53,
page 586.)
Mrs. Bowles moved the adoption of Resolution No.
31056-061592. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser ................. 5.
NAYS: None 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
DIRECTOR OF FINANCE:
BUDGET-CAPITALMAINTENANCEANDEQUIPMENTREPLACEMENT
PROGRAM-CAPITAL IMPROVEMENTS PROGRAM-CITY ENGINEER: The
Director of Finance submitted a written report with
regard to the closeout of certain accounts for completed
capital projects, advising that capital projects of all
types have been approved by Council for construction over
the past years; that these projects have included
construction in major categories for buildings, parks,
highways, sanitary sewers and storm drains; that funding
is established for each project when Council approves the
construction based on bids for the various construction
costs, as well as extra funding for possible
contingencies; and completed projects have relatively
small amounts of contingency funds remaining after final
bills are paid inasmuch as most projects are completed
within established budgets.
The Director of Finance recommended that he be
authorized to closeout certain completed capital projects
and to transfer funds into appropriate capital accounts
as set forth in a proposed budget ordinance.
(For full text, see report on file in the City Clerk's
Office.)
375
ACTION
Mr. Harvey offered the following emergency budget
ordinance:
(#31057-061592) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 587.)
Mr. Harvey moved the adoption of Ordinance No.
31057-061592. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser- - ...... 5.
NAYS: None- 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
BUDGET: The Director of Finance submitted a written
report advising that the City's Internal Service Fund
accounts for certain service providing departments; that
the service providing departments within the Internal
Service Fund recover the costs of providing those
services by charging the receiving departments; that
budgeted funds for internal services are allocated in
each fiscal year's budget throughout the various
departments based on estimated usage; that usage
sometimes varies from original estimates; that at each
fiscal year, at this time, it is necessary to make
certain appropriation transfers between several of the
departments to provide sufficient funds for internal
services for the remainder of the fiscal year; and the
transfers do not increase the original overall budget,
but reallocates amounts between departments.
The Director of Finance recommended that Council
approve the requested transfers which are set forth in a
proposed budget ordinance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
376
(#31058-061592) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 589.)
Mr. White moved the adoption of Ordinance No. 31058-
061592. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser--- - .... 5.
NAYS: None 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
REPORTS OF COMMITTEES:
BUDGET-CITIZENS' SERVICES COMMITTEE-SALVATION ARMY:
The Reverend Frank W. Feather, Member, Citizens' Services
Committee, presented a written report on behalf of the
Committee with regard to recommendations for funding of
qualified agencies for fiscal year 1992-93.
It was advised that the Citizens' Services Committee
budget was established by Council, pursuant to Ordinance
No. 30993-051192, by which the General Fund Budget for
Fiscal Year 1992-1993 was adopted on Monday, May 11,
1992; that funding requests from 29 agencies were
received, in the total amount of $592,614.00; that
individual study of each application was made by
Committee members, and public hearings were held on
April 8 - 10, 1992, to consider requests and to hear
applicants; and agencies were notified of tentative
allocation recommendations and advised that they could
appeal the Committee's tentative recommendations.
It was further advised that the budget for fiscal
year 1992-93 provides for allocation of $279,685.00; that
most agencies submitting requests are funded for less
than their request; and the recommended funding amounts
reflect the best Judgement of the Committee in serving
the citizens of the City through these programs.
377
ACTION:
With regard to Bethany Hall, it was explained that
the Committee recommended payment of $20.00 per day for
City residents, up to a maximum of $5,000.00; that
$22,600.00 was recommended for allocation to The
Salvation Army and that a contract be executed with The
Salvation Army for the provision of services to City
citizens under the Homeless Housing Program and/or Abused
Women's Shelter; and $22,000.00 was recommended for
Unified Human Service Transportation Systems, Inc.
(RADAR) through Valley Metro, in order that Valley Metro
will receive credit for providing transportation to the
handicapped.
The Citizens' Services Committee recommended that
Council concur in the funding of agencies in amounts as
recommended by the Citizens' Services Committee, which
schedule of agencies is on file in the City Clerk's
Office; that Council authorize the Chairman of the
Committee and the Director of Finance to not release
funds to any agency until objectives, activities, and
other reasonable requests of the monitoring staff are
submitted and accepted; that the Director of Finance be
authorized to transfer $279,685.00 from the Citizens'
Services Committee, Account No. 001-054-5220-3700, to new
line items to be established within the budget of the
Citizens' Services Committee by the Director of Finance;
that the City Manager or his designee be authorized to
negotiate a contract for $22,600.00 with The Salvation
Army for provision of services to citizens of the City
under the Homeless Housing Program and/orA bused Women's
Shelter; and that Council authorize execution of the
contract following negotiation.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(%31059-061592) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 591.)
Mr. Harvey moved the adoption of Ordinance No.
31059-061592. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
378
ACTION:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser .................... 5.
NAYS: None. 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
Mr. Harvey offered the following resolution:
(%31060-061592) A RESOLUTION concurring in the
recommendations of the Citizens Services Committee for
allocation of City funds to various nonprofit agencies.
(For full text of Resolution, see Resolution Book No. 53,
page 593.)
Mr. Harvey moved the adoption of Resolution No.
31060-061592. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser ........................ 5.
NAYS: None 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 31037-061592 rezoning a tract
of land located at 1004 Whitney Avenue, N. W., at the
intersection of Wllliamson Road, Whitney Avenue and
Woodbury Street, identified as Official Tax Nos. 2190707
and 2190708, from RM-1, Residential Multi-Family, Low
Density District, to C-2, General Commercial District,
having previously been before the Council for its first
reading on Monday, June 8, 1992, read and adopted on its
first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading
and final adoption:
379
ACTION:
(#31037-061592) AN ORDINANCE to amend Section 36.1-
it of Roanoke (1979), as amended, and
3 code of the C Y .... ~ -~-~ MaD. City of Roanoke,
S~eet No. 219, s~ctiona~_~!'li~ t~%' city, subject to
. e certain properuy -
to rezon a licant.
certain conditions proffered by the PP
(For full text of Ordinance, see Ordinance Book No. 53,
page 568.)
Mrs. Bowles moved the adoption of Ordinance No.
31037-061592. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and vice-Mayor Musser-
NAYS: None-
(Mayor Taylor and
absent.)
council Member
Fitzpatrick were
ZONiNG-ARCHITECTURAL REVIEW BOARD: Ordinance No.
31038-061592 amending subsections (d) and (e) of Section
36.1-642, Review Drocedure, of Chapter 36 1, ~, Code
of the tit9 of Roanoke (1~9), as amended~ and adding new
ol 724, Penalt for wron_~ul, ed m~°~!i..°~n~
Section ~6__~. ~- ~a~ter 36.1, Zoning, Code of the
I historic DUXI~Xngs, ~u ~, ~
~it¥ of Roanoke (1979), as amended; such amended section
relating to the review procedure of a decision by the
Architectural Review B~a~d an~ ,tshe length of time a
certificate of approprlatenesa x valid; and the new
section providing a penalty for wrongful demolition of
historic buildings, having previously been before the
Council for its first reading on Monday, June 8, 1992,
read and adopted on its first reading and laid over, was
again before the body, Mr. Bowers offering the following
for its second reading and final adoption:
(%31038-061592) AN ORDINANCE amending subsections
(d) and (e) of Section 36.1-642, Review procedurg, of
Chapter 36.1, Zoning, Code of the City of Roanoke (1~79),
as amended; an~ adding new Section 36.1-724, Penalty fo~
wr_~ful demolition of historic buildin_~, to Chapter
36.1, Zoning, code of the City of Roanoke (1979), as
amended; such amended section relating to the review
procedure of a decision by the Architectural Review Board
380
ACTION:
ACTION:
and the length of time a certificate of appropriateness
is valid; and the new section providing a penalty for
wrongful demolition of historic buildings.
(For full text of Ordinance, see Ordinance Book No. 53,
page 569.)
Mr. Bowers moved the adoption of Ordinance No.
31038-061592. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser .................................. 5.
NAYS: None O.
(Mayor Taylor and Council Member Fitzpatrick were
absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
BUDGET-DIRECTOR OF FINANCE-WAGES-CITY CLERK-CITY
ATTORNEY-CITYMANAGER-DIRECTOR OF REAL ESTATE VALUATION-
MUNICIPAL AUDITOR: Mr. Harvey offered the following
emergency budget ordinance:
(#31061-061592) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 594.)
Mr. Harvey moved the adoption of Ordinance No.
31061-061592. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser ..................... 5.
NAYS: None, 0.
(Mayor Taylor and Council Member Fitzpatrick were
absent.) ,
Mr. Harvey offered the following emergency
ordinance:
381
ACTIONt
(#31062-061592) AN ORDINANCE establishing
compensation for the City Manager, City Attorney,
Director of Finance, Director of Real Estate Valuation,
Municipal Auditor and City Clerk for the fiscal year
beginning July 1, 1992; and providing for an emergency
and an effective date.
(For full text of Ordinance, see Ordinance Book No. 53,
page 596.)
Mr. Harvey moved the adoption of Ordinance No.
31062-061592. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey
and Vice-Mayor Musser-
NAYS: None
(Mayor Taylor and
absent.)
Council Member
Fitzpatrick were
OTHER HEARINGS OF CITIZENS: None.
Ther~ being no further business, the Vice-Mayor declared the
meeting adjourned at 4:45 p.m.
APPROVED
ATTEST:
City Clerk
Vice-Mayor
382
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
June 22, 1992
2.'00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, June 22,
1992, at 2:00 p.m., the regular meeting hour, with Mayor Noel C.
Taylor presiding, pursuant to Rule I, ~egular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Howard E. Musser, David A. Bowers,
Elizabeth T. Bowles, James G. Harvey, II, and Mayor Noel C.
Taylor ................................................ 5.
ABSENT: Council Members Beverly T. Fitzpatrick, Jr. and
WilliamWhite, Sr.- ............................ 2.
OFFICERS PRESENT: James D. Ritchie, Acting City Manager;
Wilburn C. Dibling, Jr., City Attorney; Jesse A. Hall, Acting
Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
COUNCIL-ACTS OF ACKNOWLEDGEMENT: Inasmuch as
June 22, 1992, was the last official City Council meeting
of the Honorable Noel C. Taylor, Mayor, he presented
closing remarks entitled "A Parting Word".
(For full text, see statement on file in the City Clerk's
Office.)
At 2.35 p.m., the Mayor relinquished the Chair to
the Vice-Mayor.
Mrs. Bowles offered the following resolution:
(931063-062292) A RESOLUTION paying tribute to the
Honorable Noel C. Taylor, Mayor of the City of Roanoke,
and expressing to him the appreciation of this City and
its people for his exemplary public service.
383
WHEREAS, the Honorable Noel C. Taylor served as
Mayor of the City of Roanoke from October 27, 1975 to
June 30, 1992, longer than any person has served as Mayor
of this City, and as a member of City Council from
September 1, 1970, to June 30, 1992;
WHEREAS, Dr. Taylor was elected Mayor for four
successive terms, and on two occasions he ran unopposed
evidencing his immense popularity and the esteem with
which he is held by the people of Roanoke;
WHEREAS, Dr. Taylor, an articulate advocate for the
cause of equal Justice for all, has been a leader among
his race, being elected as the first Black member of City
Council in 1970, the first Black Vice-Mayor in 1974, and
the first Black Mayor in 1975;
WHEREAS, under Dr. Taylor's excellent leadership the
City won the prestigious All-America City Award in 1979,
1982 and 1988;
WHEREAS, Dr. Taylor brought further honor to the
City Council and this City through his election as
President of the Virginia Municipal League in 1987, and
during his tenure the VML made great strides;
WHEREAS, while devoting countless hours to his
duties as Mayor, Dr. Taylor has simultaneously served as
minister of the High Street Baptist Church, a large and
vibrant congregation, since 1961, and, under his
leadership, the Church dedicated the Anchor of Hope
Family and Community Development Center in 1986;
WHEREAS, Dr. Taylor's record of leadership in
religious, community and business affairs includes
service as President of the Virginia Baptist State
Convention, Board of Directors of Jobs for Virginia
Graduates, Virginia Advisory Committee of the United
States Commission on Civil Rights, Board of Directors of
the Blue Ridge Council of Boy Scouts of America, Board of
Directors of Dominion Bank of Virginia and Board of
Directors of the Carilion Health System; and
WHEREAS, Dr. Taylor's service in government,
religion, community affairs and business ha8 been
exemplary by virtue of his personal characteristics of
intelligence, articulateness, honesty, integrity,
friendliness, dedication, enthusiasm and ceaseless
energy;
384
THEREFORE, BE IT RESOLVED by the Council of the City
of Roanoke that Council adopts this resolution as a means
of paying tribute to the Honorable Noel C. Taylor, and
expresses to him the heartfelt appreciation of this City
and its people for his unparalleled record of dedicated
and exemplary service as a member of this Council and as
Mayor of the City of Roanoke.
Mrs. Bowles moved the adoption of Resolution No.
31063-062292. The motion was seconded by Mr. Harvey.
Mr. Bowers advised that it has been a personal
pleasure to serve with Mayor Taylor since 1984, and he
has learned a great deal from Mayor Taylor through his
exemplary service to the citizens of the City of Roanoke,
for which the people of Roanoke express sincere
appreciation. Mr. Bowers stated that as he assumes the
Office of Mayor on July 1, he welcomes Mayor Taylor's
advice and prayers and asked that Mayor Taylor call on
him at any time in connection with matters pertaining to
the City.
Mrs. Bowles expressed appreciation for Mayor
Taylor's leadership, prayers, direction and friendship
and for all that he has meant to her life during the past
16 years that they have served together. She stated that
it has been an honor and a privilege to serve with Mayor
Taylor.
Mr. Harvey expressed appreciation for Mayor Taylor's
service to the City and also expressed a personal note of
appreciation for being his friend.
Vice-Mayor Musser advised that he has worked closely
with Mayor Taylor during the ten years he has served on
City Council, six of which he served as Vice-Mayor. He
expressed appreciation for Mayor Taylor's love,
sincerity, and devotion to him as a personal friend and
to the citizens of the City of Roanoke. He stated that
he considered it a privilege and an honor to have served
with Mayor Taylor during this period of time in the
City's history.
Mr. Robert A. Garland, former member of the Roanoke
City Council, advised that it seemed like only yesterday
that Mayor Taylor pounded the gavel for the first time as
Mayor of the City of Roanoke. He stated that he was
present when Mayor Taylor convened his first City Council
meeting and he thought it was most appropriate to be
present for his last Council meeting. He quoted a
385
passage from William Shakespeare that was written several
centuries ago which is most befitting to the occasion:
"You have served with commendation, our love and our
constant applause".
Resolution No. 31063-062292 was adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Harvey and
Vice-Mayor Musser .... 4.
NAYS: None 0.
(Mayor Taylor abstained for voting.)
Fitzpatrick and White were absent.)
(Council Members
At 2:50 p.m., the Vice-Mayor relinquished the Chair
to the Mayor.
Mayor Taylor presented the gavel and block to Mayor-
Elect David A. Bowers.
CITY EMPLOYEES-PAY PLAN-PENSIONS: Lieutenant
William D. Jobe, 2901 King Street, N. E., appeared before
Council and advised that on Thursday, June 18, 1992, a
group of City employees met and expressed concern with
regard to implementation of certain new adjustments to
the City's Pay Plan; and during the discussions, it
became obvious that the Pay Plan is not the only cause of
concern. He explained that some employees feel that the
City has embarked upon a pattern of discriminatory
practice towards long-term employees, advising that for
some reason, the magic number of seven years was selected
as the time in which certain individuals should reach the
midpoint or the market value of their Jobs. For example,
he stated that there is a group of employees within the
City who are State employees under a contractual
agreement with the City since 1981, which contract
specifically provides for slightly different benefits
than the City's classified pay benefits. He added that
these same employees receive two more paid holidays each
year than the other 1,600 plus City workers, and pointed
out that certain City employees are of the opinion that
the City should not contract benefits to any employee
that are not accorded to all employees.
Lieutenant Jobe stated that City employees attended
meetings pertaining to adjustments to the present pay
system while, at the same time, articles appeared in the
newspaper about generous pay raises and benefit packages
for certain administrative personnel. He advised that
386
during the employee meetings, the Pay Plan and the method
of implementing adjustments to the Pay Plan was
discussed, along with the fact that the Pay Plan hinged
on a midpoint, or market range, to which all employees
should reach within seven years in their particular
grade. He explained that there are employees in his pay
grade with his responsibility who have been employed for
only a month who earn only $300.00 under the mid-range,
and advised that he was not complaining about an
individual problem, but a problem that is unfair to
employees throughout the system in basically the same
ways.
Lieutenant Jobe stated that the problem goes back to
1985 when City employees participated in a Pay Plan with
graduated steps in which 65 per cent of the employees
reached the top of their range and had no where to go
unless Council authorized a pay increase in the fiscal
year budget, advising that in that particular Pay Plan,
there was no leaping, or employees in lower grades
passing employees in upper grades to the extent that such
instances now occur. He stated that in 1985, the Pay
Plan was adjusted and instead of having a top end, the
plan was spread out to place a 50 per cent difference
between the bottom level and the top, advising that
because the system was adjusted, the City now has new
employees earning more money than longer term employees,
leaping, and compression in the Pay Plan. He explained
that the action which was taken this year attacked the
problem of leaping and compression which is appreciated;
however, the problem of compression has now moved from
the bottom to the middle of the pay scale where most of
the long-range employees are located, and, the way in
which the system is designed, the most an employee can
advance on scale is one and one-half per cent per year
minimum; therefor, he pointed out that the system has not
addressed the problem of leaping.
Lieutenant Jobe advised that the City does not
provide the incentive to cause its employees to be
desirous of moving up to positions where their minds can
be developed and used to the fullest extent which should
be a source of concern.
Lieutenant Jobe pointed out that the City
Administration can hold its head high for what has
happened in Roanoke during the last year through
difficult economic times, but that success did not come
about totally because of the efforts of Administrative
staff, but because all City employees worked harder this
year with less operating funds and received less monetary
387
consideration, and those employees deserve the same
consideration that Council afforded to the Administrative
personnel. He stated that Council should take the
necessary steps to adjust the pay system now, rather than
wait two years or four years because the entire future is
dependent on when these actions occur. He further stated
that it has been reported that the Economic Summit
process proposed by Mayor-Elect Bowers will be utilized
to address problems of the City, to chart the course of
the City, and to utilize citizens to help with that
process, advising that City employees would like for
Council to insure that every request for resolution of
this problem will be placed in the Summit process; that
input from City employees will be used in the process,
and that the problem, as outlined above, will become the
number one Summit priority for the present time.
The Mayor expressed appreciation to Lieutenant Jobe
for his remarks and for the spirit in which he made his
presentation, advising that he was willing to hear each
speaker, however, the City Manager should be present for
the remarks inasmuch as he is the chief administrative
officer of the City.
Mr. Edward L. Crawford, P. O. Box 55, Union Hall,
advised that he received numerous telephone calls from
fellow City employees who are discouraged and bitter
about revisions to the Pay Plan, and pointed out that for
three years he has expressed concern to the City
Administration and to individual Council Members.
stated that for the second time, City employees are faced
with implementation of certain adjustments to the Pay
Plan that do not comply with recommendations of a paid
consultant. He explained that compression problems at
the bottom of the Pay Plan have been addressed and
somewhat corrected, however, employees in the middle of
the Pay Plan are now being faced with compression. He
stated that the City's attitude toward its long-term
employees is unbelievable, advising that such employees
are no longer rewarded with longevity pay, but instead
they are informed that they are at the market value of
their Jobs. Added to their frustrations, he pointed out
that the Pay Plan allows short-term employees to quickly
catch up with long-term employees, thereby wiping out
their long years of service and loyalty to the City. He
stated that while employees are appreciative of the
City's efforts to deal with the problem of compression,
there are still problems that need to be addressed.
388
Mr. Crawford requested, that as an item for Mayor-
Elect Bowers agenda, that he consider the appointment of
a committee or a Summit to be composed of City employees,
the City Administration and citizens to address the
problem. He stated that additional funds will be
required in order to solve the problem, advising that the
City's budgets have been analyzed over the last three
years and findings prove that the City of Roanoke is
financially well managed and financially strong. He
stated that Council recently authorized a ten per cent
pay increase for upper management personnel, as well as
"two for one" pension benefits and deferred compensation
benefits which was done to keep those employees in line
with their counterparts across the state, however, most
Roanoke City employees are below the pay scale for
comparable positions throughout the Commonwealth. He
requested that Council cause certain existing inequities
to be corrected.
Mr. Bob L. Henderson, Jr., 3697 Bower Road, a 13 1/2
year employee of the Social Services Department, advised
that the Social Services Department has no fundamental
quarrel with the recommendations of the consultant; that
employees can accept the figures for the market place
value of Jobs, although there are certain questions; and
workers can accept the three per cent increase in salary
for employees in the same way that they accepted the zero
per cent increase last year due to funding cutbacks
inasmuch as the salary freeze of last year applied to all
City employees across-the-board, and it was the best that
the City could offer at the time. This year, however, he
stated that the City seems to have more to offer to
certain employees under its new Pay Plan than it has to
offer to its long-term employees, advising that the issue
centers around the fact that shorter term employees are
seeing increases in their paychecks in the range of 15 to
17 per cent. He explained that employees have been told
that the salary of an employee with less than seven years
of experience on the Job should be raised in large
amounts in order to attract new hirees from the
marketplace, advising that seven years was selected as
the cutoff time because seven years is the length of time
that it takes an employee to meet all of his or her Job
requirements. He further explained that this increase
can be viewed as the value that the City of Roanoke
places on the relatively new employee, advising that for
some employees in the Social Services Department, it
represents an increase of more than $3,000.00 per year.
By way of comparison insofar as the value placed upon a
veteran employee, he stated that for him personally, with
two times the number of service of a new employee, it
389
equals approximately one-fourth of the increase for the
new employee. He advised that employees might have been
able to accept the necessity for this action, but not the
manner in which it was presented; that this vast
discrepancy is being made in one swift, bold stroke
instead of staggering the increases for relatively new
employees over a period of time in order to lessen the
inequity. He added that this vast discrepancy was
presented as an accomplished deed and discussions were
held with employees after the fact instead of employees
receiving a notice of intent to be followed by
discussions before taking action. He explained that it
appears that the City is using pay skill strategies of
organizations whose arena is the assembly line or the
coal line and applying them to the delivery of services
by a municipality for which there is no comparison. He
added that the complexities of the delivery of services
by the City, which is bound by various government
regulations, codes and laws that constantly change, are
almost incomprehensible to a person who is still working
to meet all of their Job requirements. He stated that
long-term Roanoke City employees are deserving of the
same value that is placed on a recently hired employee
and, at the very least, their knowledge, skills,
abilities and length of service entitle them to the same
consideration. He advised that the Department of Social
Services would like to add its voice to those already
heard, and requested the tabling of that aspect of the
Pay Plan that provides short-term employees with generous
pay raises until the matter can be evaluated during the
upcoming Economic Summits.
Mayor Taylor advised that references were made to
the Economic Summit, and called upon Mayor-Elect Bowers
for a statement; whereupon, Mr. Bowers stated that City
employees should be heard and if they are not heard
within the City Administration, they have the right to be
heard by Council. He added that the Pay Plan is a
confusing and complicated process and every time an
effort is made to improve certain situations, other
problems surface. He stated that he welcomed the
suggestion to discuss the matter in a Summit process
and/or to send the matter to the City Manager for further
review.
Mayor Taylor advised that it is obvious that the
kind of Pay Plan that addresses all problem areas and
treats all employees with absolute fairness from the
bottom to the top of the pay scale does not exist. He
expressed appreciation to City employees for attending
the meeting and noted that Council Members have indicated
390
that they will address the matter; that the Mayor-Elect
has indicated that he is willing to review the matter as
a part of his Economic Summit process and by working
together diligently, it is hoped that some commonality of
purpose and a meeting of the minds will be experienced in
order to eventually place the Pay Plan in a posture where
it will address the needs of all segments of City
employees.
Mr. Crawford advised that insofar as compensation is
concerned, many Roanoke City public safety employees are
currently eight per cent below their counterparts in
other localities. He stated that City employees are not
requesting that Council take away that which has already
been given, but they are asking that Council address the
problem of certain inequities by correcting compression
in the middle of the pay range.
At 3:35 p.m., the Mayor declared the meeting in
recess.
At 3:50 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Members Fitzpatrick and White.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
391
ACTION=
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Bowers,
Harvey and Mayor Taylor ....
Bowles,
NAYS: None' 0.
(Council Members Fitzpatrick and White were absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKS AND PLAYGROUNDS: Ms. Tatiana McGuire, 2514
Brambleton Avenue, S. W., requested that Council consider
relocating the frisbee disc golf course which has been
installed in Flshburn Park. She presented a petition
signed by over 100 persons requesting that Council
preserve Flshburn Park as a natural, peaceful, beautiful,
scenic public park, while maintaining the area in order
to keep the environment protected. She stated that 18
unsightly poles set in concrete, some of which will have
18 dangling nets and 18 tee-marker signs with advertising
will be spread over thousands of feet throughout Fishburn
Park. She expressed concern with regard to overcrowding
by large groups which, in turn, will harm the environment
and change the character of the park. She asked that
Council consider placing the frisbee disc golf course in
a more suitable and appropriate location such as one of
the designated sports complexes or game areas which have
been constructed and maintained for this type of
recreation.
Mr. Owen W. McGuire, 2415 Brambleton Avenue, S. W.,
advised that he was not against frisbee throwing, but
expressed concern about the virtual take over of an
entire City park by a special interest group. He stated
that if the activity could be restructured to a specific
area, there would not be as much opposition, however, the
activity will use 18 holes at approximately 350 feet per
hole which equates to over a mile and one-half of
territory in length, with the width being determined by
the distance one can throw a frisbee. He called
attention to the possibility of a conflict between
frisbee golf players and small children once the new
392
playground is completed because basically, players will
be throwing frisbees throughout the park and causing
havoc. He inquired as to how much more time the City
plans to give the Roanoke Frisbee Disc Association to
complete the project, advising that the agreement was
signed during the first of April with the understanding
that the Association would complete the project with its
own funds, and almost three months later, only nine nets
and 25 wooden posts have been installed throughout the
park. He added that the Association stated that it would
pay for the nets and posts with donations from various
businesses, however, no donation signs have been
installed, and inquired if the City intends to fund
completion of the project since it is evident that the
Association does not have sufficient funds to do so. He
stated that some residents favor the relocation of the
frisbee golf course to an area that would be more
appropriate for this type of activity, and that Fishburn
Park remain a natural type park setting for future use.
Ms. Velda L. Lefell, 2501 Sweetbrier Avenue, S. W.,
advised that upon exiting her back door, she would be
facing the two poles that will display advertising. She
stated that the frisbee disc golf course will be
disruptive to the natural beauty of Fishburn Park, and
requested that the golf course be moved to a more
appropriate location.
The Manager of the Department of Parks and
Recreation advised that the 1985 Park Plan cited Fishburn
Park as a potential location for a frisbee golf course.
As the matter was pursued, he explained that the idea was
to provide a challenging course inasmuch as an open field
is not an appropriate location for a frisbee golf course.
He stated that the City shares the concerns expressed by
Mr. and Mrs. McGuire as far as the natural environment is
concerned at Fishburn Park and felt that the course could
be installed without negatively affecting the park
environment. He added that the intent was that
advertising would be acknowledged on the tee and each
hole would be corporately sponsored; that it is not the
intent of the City to turn the park into a huge
advertisement, but to tastefully and quietly acknowledge
sponsors. He explained that as City staff looked at the
various park opportunities, Fishburn Park was considered
to be the location where it would be most advantageous to
install the facility.
Mr. Harvey referred to the open land area where the
Shadeland Avenue homes were removed, and inquired if such
an area could be adopted for this purpose; whereupon, he
393
ACTION:
moved that the matter be referred to the City Manager for
further report with regard to the feasibility of
installing the frisbee disc golf course at another
location in the City. The motion was seconded by Mr.
Musser and adopted.
TRAFFIC-HOUSING: A communication from Ms. Shirley
Eley, President, Jamestown Place Resident Council,
expressing concern about the safety of public housing
residents, and requesting that Council consider
installing speed bumps on some of the City's streets that
run through public housing, and that consideration be
given to making some of the same streets one-way streets
which would not only help residents, but police as well,
was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Bowers moved that the matter be referred to the
Board of Commissioners of the Roanoke Redevelopment and
Housing Authority. The motion was seconded by Mr. Harvey
and adopted.
PETITIONS AND COMMUNICATIONS:
TAXES: Mr. Harvey moved that the matter of
increasing the total combined income of any elderly or
disabled property owner claiming real property tax exempt
status from $22,000.00 to $26,000.00, and the matter of
increasing the first $4,000.00 of income of each
relative, other than the spouse of the owner residing in
the dwelling, to $4,750.00 be referred to the City
Manager and the Commission of Revenue for input, and to
the City Attorney for preparation of the proper measure.
The motion was seconded by Mr. Musser and adopted.
AIRPORT-FIRE DEPARTMENT-CAPITAL IMPROVEMENTS
PROGRAM-EQUIPMENT: A communication from Mr. Kit B.
Kiser, Member, Roanoke Regional Airport Commission,
transmitting copy of a communication from Ms.
Jacqueline L. Shuck, Executive Director, Roanoke Regional
Airport, requesting that Council adopt a measure
approving a capital expenditure by the Airport Commission
of $263,089.00 necessary to acquire one 1500 gallon
aircraft rescue and fire fighting vehicle to replace a
similar vehicle which has reached the end of its useful
life, advising that the Federal Government is expected to
reimburse the Commission for 90 per cent of the cost of
acquisition, the State will reimburse the Commission for
five per cent of said cost, and the Commission has funds
394
ACTION:
available for the remaining cost, therefore, the City
will not be responsible for any part of the purchase
price, was before Council.
Mr. Klser asked that Council approve the request for
capital expenditure of funds.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Musser offered the following resolution:
(#31064-062292) A RESOLUTION approving a specific
capital expenditure by the Roanoke Regional Airport
Commission for the purchase of an aircraft rescue and
fire fighting vehicle, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 54,
page 2.)
Mr. Musser moved the adoption of Resolution No.
31064-062292. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor .... 5.
NAYS: None' 0.
(Council Members Fitzpatrick and White were absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
YOUTH: The Acting City Manager called upon the
Director of Public Safety for a briefing with regard to
the Youth Summit process.
Mr. Snead advised that the summer vacation provides
every young person with time and choices; that as adults
and leaders, our responsibility is to provide the
resources and guidance to enable young people to
effectively utilize their time and to make appropriate
choices; and in early April, he invited representatives
from agencies, area religious congregations, minority
leaders and interested citizens to participate in a
395
process in order to Identify resources and needs for
youth tn the City during the summer months. He advised
that objectives of the youth summit were to:
identify available resources for
City children and youth during the
summer;
2. identify gaps, prioritize and
brainstorm unmet needs;
for teams to develop strategies to
address unmet needs this year; and
develop a strategic plan for next
year.
Mr. Snead explained that the Youth Summit process
officially started on April 29, 1992, with a meeting at
the Roanoke Civic Center; that citizens, educators, civic
and business leaders gathered to review the preliminary
results of a survey conducted by the Office of Director
of Public Safety; that the survey was distributed to 51
organizations and religious congregations to identify
available programs and solicit the community's perception
of gaps and unmet needs; that 27 unmet needs were
identified and prioritized; and participants volunteered
for committees to develop strategies to address the top
four unmet needs, with the following four committees
having been established:
teen special events committee
youth role model program
Internships, Jobs, volunteer opportunities
recreation opportunities in the parks
Mr. Snead advised that based on identified needs,
input from youth, and survey findings, participants of
the Youth Su~mmit submitted the following seven
recommendations for immediate action this summer:
implement weekend dances for teens
ages 16 - 20 years old throughout
the City;
396
create a resource brochure listing
persons who are willing to serve as
mentors, workshop and small group
leaders for youth;
establish a mechanism for youth to
advertise their Job skills;
establish a clearinghouse for youth
and business to contact each other
with regard to employment and
volunteer opportunities;
establish a centrally located summer
youth employment agency;
establish a playground program for
children 7 - 12 years old using four
parks for three days a week, three
hours a day, for six weeks; and
establish a permanent planning
committee to monitor the
implementation of the immediate
recommendations and to address the
long-term recommendations and unmet
needs.
In addition to developing strategies for remaining
unmet needs, Mr. Snead advised that Youth Summit
participants concluded that planning should commence
immediately for consideration of the following
recommendations to be addressed before June 1, 1993:
expand the park's playground program
to five days per week, for twelve
weeks, in at least nine parks;
establish a structured volunteer
program to provide support for the
playground program, the teen dances
and the teen center;
established a teen center under the
auspices of Roanoke City Parks and
Recreation;
397
incorporate the Summer Food Services
Program sponsored by the Fi fth
District Employment and Training
Consortium into appropriate
playground programs;
continue and expand the weekend
dances;
establish a program to mandate
hiring youth in planning and
operation of teen activities;
continue and expand
Employment Agency; and
the Youth
establish a mechanism (i.e.
foundation) to fund youth programs.
Mr. Snead called upon the Chairpersons of each of
the committees for brief remarks.
Ms. Evangeline B. Jeffrey, Chairperson of the
committee on Jobs and work opportunities, advised that
the committee developed a youth seekers request form
which provides a mechanism for youth to advertise their
Job skills, to establish a clearinghouse for youth and
businesses, to contact each other in regard to employment
and other volunteer opportunities, and to establish a
centrally located summer youth employment agency.
Mr. Chet Hart, Chairperson of the youth role model
committee, advised that a resource brochure was prepared
listing persons who are willing to serve as mentors,
workshop and small group leaders in order to inspire
youth insofar as what their future could hold.
Ms. Angels R. Perkins, Chairperson of the special
events committee, advised that the committee investigated
activities for teens between the ages of 16 and 20 and
established a short-term goal of holding 21 activities,
20 to be held outside and one to be held inside, in the
four quadrants of the City. She stated that teen dances
were suggested, which could include talent shows, car
shows, rap groups, nightly drawings, etc., with
activities to be held on Friday and Saturday nights from
9:00 p.m. until 1:00 a.m. She added that co-sponsors are
recommended for the events, such as area businesses,
recreational groups, fraternities, Valley View Mall, and
private support, thereby giving the community at-large
and the business community an affiliation. She explained
398
ACTION=
that three staff positions are recommended to coordinate
events, two of which are proposed to be youth. She
advised that long-term goals include the continuation of
outside activity for youth between the ages of 16 and 20,
commencing in May and ending in September, establishment
of a teen center for youth ages 13 through 19 to be
operated year around, and establishment of a volunteer
program to provide staff resources to support
recommendations.
Ms. Donna S. Norvelle presented a report of the
committee on recreation opportunities in City parks. She
advised that it is recommended that a park playground
committee be established in at least four parks this
summer; viz= Eureka, Hurt, Highland and Jackson Parks.
She explained that it is proposed that the program will
be held three days a week this year from 9:00 a.m. until
12:00 noon for approximately six weeks, effective
June 13, and recommended that the swimming pools in Hurt
Park and Fallon Park be utilized by the children each
Friday afternoon. She spoke in support of incorporating
the Summer Food Service Program as a part of the
activities. She explained that next summer, it is
proposed to hold day-long programs, five days a week for
a period of 12 weeks.
Mr. Snead advised that the committee reports were
submitted as briefings and no action was requested by
Council; however, a formal report would be submitted to
Council on Monday, July 13, 1992, for appropriate action.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-POLICE DEPARTMENT: The City Manager having
placed an item on the agenda with regard to revenue
enhancement and operating efficiency measures for the
Police Department, the Acting City Manager requested that
the item be withdrawn.
Mr. Harvey moved that Council concur in the request.
The motion was seconded by Mr. Musser and adopted.
POLICE DEPARTMENT-CITY CODE-YOUTH: Council at its
regular meeting on Monday, June 15, 1992, having received
a briefing by the Curfew Review Committee, the Acting ·
City Manager submitted a written report of the City
Manager recommending that Council concur in the following
recommendations of the Committee:
establish a Juvenile Citation
Program prior to July l, 1992;
399
amend the City Code Section 21-5 (a
& b) to modify the curfew hours and
exceptions and to increase the
penalty for parents knowingly
permitting a child to violate
curfew;
design a comprehensive
awareness campaign;
public
establish a long-term curfew
committee to monitor the status of
the recommendations and to make
appropriate future recommendations;
support legislation to amend State
Code Sections 16.1-278.6 and 16.1-
278.4 to provide for suspension of
driving privileges and institution
of fines as sanctions for curfew
violators;
amend the City Code to provide for
drivers license suspension and fines
as sanctions if and when approved by
the General Assembly; and
study the need for the development
of resources for the temporary care
of unsupervised curfew violators,
social services intervention of
curfew violators and mandated
parental training for recidivattng
families.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency
ordinance:
(#31065-062292) AN ORDINANCE amending and
reordaining subsections (a) and (b) of Section 21-5,
Curfew for minors, Code of the City of Roanoke (1979), as
amended, to establish curfew hours for persons sixteen
years of age and younger, to provide for exceptions and
establish a penalty for any persons having responsibility
for care and custody of a minor subject to curfew who
400
ACTION=
permits or by insufficient control allows such minor to
violate curfew; and providing for an emergency and an
effective date.
(For full text of Ordinance, see Ordinance Book No. 54,
page 3.)
Mr. Bowers moved the adoption of Ordinance No.
31065-062292. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor .................... 5.
NAYS: None 0.
(Council Members Fitzpatrick and White were absent.)
SWIMMING POOLS-PARKS AND PLAYGROUNDS-HUMAN
RESOURCES-RECREATION DEPARTMENT: The Acting City Manager
submitted a written report of the City Manager, advising
that the Parks and Recreation Department has received
numerous requests from non-profit agencies to assist
underprivileged and/or disadvantaged City residents by
providing reduced or free admissions to City swimming
pools; that the Human Development Directorate has
expressed a need for reduced or free admissions to City
pools for use by Social Services Departments and various
non-profit agencies; and City swimming pools were
constructed to provide inexpensive aquatic opportunities
for all residents, regardless of economic status.
It was further advised that revenues from City pools
are used to offset operational expenses; and present
rates approved by Council as listed tn the Fee Compendium
are as follows:
individual daily rate:
15 years and younger - $1.00
16 years and older - $2.00
pass rates, good for 10 admissions:
15 years and younger - $ 8.00
16 years and older - $16.00
The City Manager pointed out that the Parks and
Recreation Department recognizes the need for reducing
admission fees in certain cases of economic hardship;
that the Office of Director of Human Resources has agreed
401
ACTION=
to be responsible for the establishment of eligibility,
as well as distribution of reduced fee tickets; and
Council's authorization is required to modify swimming
fee rates and charges in accordance with Section 24-4 of
the City Code.
The City Manager recommended that he be authorized
to reduce fees (to $1.00 for those 16 and older, and to
$.50 for those 15 and under) and pass rates(to $8.00 for
those 16 and older and to $4.00 for those 15 and under)
for non-profit agencies serving children from homes which
meet poverty guidelines established by the Federal
Government's Office of Management and Budget, and to
reduce fees to zero for City sponsored programs serving
the same population.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31066-062292) A RESOLUTION providing for reduced
admission fees to City swimming pools for economically
disadvantaged residents.
(For full text of Resolution, see Resolution Book No. 54,
page 5.)
Mrs. Bowles moved the adoption of Resolution No.
31066-062292. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor ................................ 5.
NAYS: None 0.
(Council Members Fitzpatrick and White were absent.)
BUDGET-HOUSING-GRANTS: The Acting City Manager
submitted a written report of the City Manager, advising
that Council authorized the filing of a Community
Development Block Grant application to the Department of
Housing and Urban Development (HUD) for Fiscal Year 1992-
93 on May 11, 1992, pursuant to Resolution No. 30988-
051192; that HUD approval of the City's application was
received in a letter dated June 11, 1992; that grant
approval is for the requested amount of $1,899,000.00;
that the appropriation request includes $538,000.00 in
expected CDBG program income from parking receipts,
Housing Authority rehabilitation loan repayments, Cooper
402
ACTION:
Industries land lease, Coca-Cola UDAG repayment,
Williamson Road Parking Garage, and repayments from the
Home Ownership Assistance program, for a total
appropriation of $2,437,000.00; and additionally,
$117,556.00 needs to be transferred from older projects
to projects included in the Fiscal Year 1992-93 CDBG
Program.
The City Manager recommended that Council adopt a
resolution accepting fiscal year 1992-93 Community
Development Block Grant funds approved by the Department
of Housing and Urban Development, and that he be
authorized to execute the requisite Grant Agreement,
Funding Approval, and other forms required by HUD on
behalf of the City in order to accept said funds; that
$2,437,000.00 be appropriated to revenue and expenditure
accounts in the Grant Fund to be established by the
Director of Finance ($1,899,000.00 CDBG entitlement and
$538,000.00 projected program income); and that
$117,556.00 be transferred from older accounts to Grant
Fund accounts.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31067-062292) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 6.)
Mr. Musser moved the adoption of Ordinance No.
31067-062292. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor ........... 5.
NAYS: None -0.
(Council Members Fitzpatrick and White were absent.)
Mr. Musser offered the following Resolution:
ACTION
(#31068-062292) A RESOLUTION authorizing the City
Manager to execute the requisite Grant Agreement with the
U. S. Department of Housing and Urban Development (HUD)
for the Fiscal Year 1992-93 Budget for the Community
Development Block Grant Program.
(For full text of Resolution, see Resolution Book No. 54,
page 11.)
Mr. Musser moved the adoption of Resolution No.
31068-062292. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members
Harvey and Mayor Taylor--
NAYS: None
Musser, Bowers, Bowles,
(Council Members Fitzpatrick and White were absent.)
BUDGET-HOUSING-GRANTS~ The Acting City Manager
submitted a written report of the City Manager, advising
that the HOME Investment Partnership Program (HOME) is
one of several housing Initiatives created by the
National Affordable Housing Act of 1990; which is
intended to be a "housing block grant" program aimed at
providing safe, decent housing that is affordable to iow
and moderate income persons; and the City's HOME
entitlement allocation ts $756,000.00 for Federal fiscal
year 1992.
It was further advised that eligible participating
Jurisdictions are required to submit HOME program
descriptions, generally describing the types of programs
and activities the City proposes to undertake with HOME
funds for HUD approval~ that an administrative public
hearing was held on June 9, 1992, to Inform citizens of
the program and to seek comments on proposed activities;
and intended uses of the HOME allocation are as follows=
rehabilitation of owner-occupied houses $100,000.00
rehabilitation of rental properties 260,000.00
assistance to first-time homebuyers 282,500.00
new home construction by community
housing development organizations 113~500.00
Total $756,000.00
404
ACTION:
ACTION:
The City Manager recommended that he be authorized
to execute the necessary documents accepting the HOME
Investment Partnership Program grant allocation of
$756,000.00, and appropriate funds to an account to be
established in the Grant Fund by the Director of Finance,
and increase the revenue estimate in the Grant Fund.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31069-062292) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 12.)
Mrs. Bowles moved the adoption of Ordinance No.
31069-062292. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor-- 5.
NAYS: None 0.
(Council Members Fitzpatrick and White were absent.)
Mrs. Bowles offered the following resolution:
(#31070-062292) A RESOLUTION authorizing the City
Manager to execute an agreement with the U. S. Department
of Housing and Urban Development (HUD) accepting an
allocation for the HOME Investment Partnership Program,
and authorizing submittal of the requisite documents for
such funding.
(For full text of Resolution, see Resolution Book No. 54,
page 13.)
Mrs. Bowles moved the adoption of Resolution No.
31070-062292. The motion was seconded by Mr. Bowers and
adopted by the following vote:
405
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor- 5.
NAYS: None 0.
(Council Members Fitzpatrick and White were absent.)
HOUSING-GRANTS: The Acting City Manager submitted
a written report of the City Manager, advising that
$220,000.00 from the Virginia Department of Housing and
Community Development Single Family Rehabilitation and
Energy Conservation Loan Program and $240,000.00 in
Cow~unity Development Block Grant (CDBG) funds were
allocated to the Home Purchase Assistance Program by
Council on June 26, 1989, allowing the City to provide
loans to low-moderate income households agreeing to buy
and repair approximately 18 to 20 identified substandard
houses; and the Program is administered Jointly by the
City and the Roanoke Redevelopment and Housing Authority.
It was further advised that real estate options have
been executed by the owners of two vacant single-family
homes: viz; 1037 Woodrow Avenue, S. E., and adjacent lot,
currently owned by Albert C. and Judith T. Kuellings and
3222 Courtland Avenue, N. W., and adjacent lot, currently
owned by Adrien F. Willis; that Housing Development staff
has determined that the offered prices are reasonable to
allow the homes to be included in the Program; and
Council's authorization is necessary in order to execute
real estate options with the owners of the properties to
enable said properties to be marketed through the
Program.
The City Manager recommended that he be authorized
to execute real estate options on the abovedescribed
properties, to be approved as to form by the City
Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(%31071-062292) AN ORDINANCE authorizing certain
real estate options to be entered into in connection with
the Home Purchase Assistance Program; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 14.)
406
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
31071-062292. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor ................. 5.
NAYS: None 0.
(Council Members Fitzpatrick and White were absent.)
BUDGET-ECONOMIC DEVELOPMENT COMMISSION-VIRGINIA
TECH/HOTEL ROANOKE/CONFERENCE CENTER: The Acting City
Manager submitted a written report of the City Manager,
advising that planning, architectural and engineering
costs related to the Hotel Roanoke/Conference Center have
previously been funded from excess Debt Service Funds,
Account No. 001-004-9310-9512; that the Hotel
Roanoke/Conference Center will continue to require
funding to support the physical project, as well as the
Conference Center Commission; that excess funding is
available in Debt Service Account No. 001-004-9310-9512,
in the amount of $207,168.00, as of June 16, 1992; that
Capital Fund Account No. 008-002-9653-9003 has previously
been established for the Conference Center; and efforts
by the City, Virginia Tech and Faison Associates are
moving forward.
The City Manager recommended that the Director of
Finance be authorized to transfer all excess funds from
Debt Service Account No. 001-004-9310-9512, $207,168.00
as of June 16, 1992, to Capital Fund Account No. 008-002-
9653-9003.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31072-062292) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 14.)
Mr. Harvey moved the adoption of Ordinance No.
31072-062292. The motion was seconded by Mr. Musser and
adopted by the following vote:
407
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor .............. 5.
NAYS: None 0.
(Council Members Fitzpatrick and White were absent.)
BUDGET-CITY ENGINEER-FIRE DEPARTMENT-RECREATION
DEPARTMENT-JUVENILE DETENTION HOME-PARKSAND PLAYGROUNDS:
The Acting City Manager submitted a written report of the
City Manager, advising that the fiscal year 1991-92
budget designated funds to provide for maintenance of
fixed assets; that the Building Maintenance Department is
responsible for maintenance of the City's fixed assets;
and identified needs in City facilities costing less than
$15,000.00 are as follows:
Fire Station #11 - Replace
two heat pump air handlers
2,250.00
Buena Vista Recreation
Center - Repairs to
deteriorated wood on exterior
and .painting of exterior
7,046.00
Youth Haven - Repairs to
gutters, deteriorated wood on
exterior and painting of
exterior
9,472.00
Public Works Service Center -
Coating of 59,000 square feet
of roof with fibrated roof
coating
13,710.00
Mill Mountain Zoo - Castle
Building - Alterations
necessary for Certification
of Zoo
lOeO00.O0
Total $42,478.0Q.
The City Manager recommended that Council authorize
the transfer of $42,478.00 from Fixed Asset Contingency,
Account No. 001-002-9410-2201, to Building Maintenance,
Account No. 001-052-4330-3056.
(For full text, see report on file tn the City Clerk's
Office.)
408
ACTION:
ACTION:
Mr. Bowers offered the following emergency budget
ordinance:
(#31073-062292) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 15.)
Mr. Bowers moved the adoption of Ordinance No.
31073-062292. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor .................. 5.
NAYS: None O.
(Council Members Fitzpatrick and White were absent.)
EQUIPMENT-WATER DEPARTMENT: The Acting City Manager
submitted a written report of the City Manager
recommending that Council accept the bid submitted by
Griffin Pipe Products Co., to supply ductile iron water
pipe for the period July 1, 1992 to June 30, 1993, for a
total bid price of $257,801.00; and reject all other bids
received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following resolution:
(#31074-062292) A RESOLUTION accepting the bid of
Griffin Pipe Products Co., made to the City for
furnishing and delivering ductile iron water pipe; and
rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 54,
page 16.)
Mr. Bowers moved the adoption of Resolution No.
31074-062292. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
409
ACTION:
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor .... 5.
NAYS: None -0.
(Council Members Fitzpatrick and White were absent.)
EQUIPMENT-SEWERSANDSTORMDRAINS-WATER DEPARTMENT:
The Acting City Manager submitted a written report of the
City Manager recommending that Council accept the
following bids for water and sewage treatment chemicals
for the period July 1, 1992 to June 30, 1993, and reject
all other bids received by the City:
Standard Ground Alum - Prillaman Chemical
Corporation, in the amount of $234.40 per ton.
mt
Liquid Chlorine - Jones Chemicals, Inc., in
the amount of $17.50 per cwt for 150 lb.
cylinders, and $5.19 per cwt for 2,000 lb.
cylinders.
®
Sodium Silicon Fluoride - Prillaman Chemical
Corporation, in the amount of $25.80 per cwt.
Aluminum Chloride - Gulbrandsen Manufacturing,
Inc., in the amount of $.10 per gallon.
Sulfur Dioxide - Jones Chemical, Inc., in the
amount of $367.50 per ton.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31075-062292) A RESOLUTION accepting bids for
water and sewage treatment chemicals for fiscal year
1992-93, and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 54,
page 15.)
Mrs. Bowles moved the adoption of Resolution No.
31075-062292. The motion was seconded by Mr. Bowers and
adopted by the following vote:
410
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor ......... 5.
NAYS: None 0.
(Council Members Fitzpatrick and White were absent.)
CIVIC CENTER-EQUIPMENT: The Acting City Manager
submitted a written report of the City Manager
recommending that Council accept the bid submitted by
Delta Graphics, Inc., for 500 folding chairs for the
Roanoke Civic Center, in the total amount of $16,475.00,
and reject all other bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31076-062292) A RESOLUTION accepting the bid made
to the City by Delta Graphics, Inc., for furnishing and
delivering 500 folding chairs for the Civic Center; and
rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 54,
page 19.)
ACTION:
Mr. Musser moved the adoption of Resolution No.
31076-062292. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor ........................ 5.
NAYS: None O.
(Council Members Fitzpatrick and White were absent.)
BUDGET-CIVIC CENTER-EQUIPMENT: The Acting City
Manager submitted a written report of the City Manager
recommending that Council award a lump sum contract to H
T F Mechanical Services, Inc., in the amount of
$17,145.00 and 30 consecutive days to provide and install
air conditioning and related work in the team rooms at
the Roanoke Civic Center; and that the Director of
Finance be authorized to transfer the following funds
from the General Fund Maintenance of Fixed Assets
Contingency, Account No. 001-002-9410-2201, to a Capital
Account in the Civic Center Fund entitled "Air
Conditioning in Coliseum":
411
!J
ACTION:
ACTION:
Contract Amount
Project Contingency
$17,145.00
1,855.00
Total Funding
$19,000.00
It was further recommended that all other bids
received by the City be rejected.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31077-062292) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Civic Center
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 19.)
Mrs. Bowles moved the adoption of Ordinance No.
31077-062292. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council MenDers Musser, Bowers, Bowles,
Harvey and Mayor Taylor .... ' ........ 5.
NAYS: None
e
(Council Members Fitzpatrick and White were absent.)
Mrs. Bowles offered the following emergency
ordinance:
(#31078-062292) AN ORDINANCE accepting the bid of
H T F Mechanical Services, Inc., to provide and install
air conditioning and perform related work for the team
rooms at the Roanoke Civic Center Coliseum, upon certain
terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 21.)
Mrs. Bowles moved the adoption of Ordinance No.
31078-062292. The motion was seconded by Mr. Bowers and
adopted by the following vote:
412
ACTION:
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor .................. 5.
NAYS: None 0.
(Council Members Fitzpatrick and White were absent.)
BUDGET-PARKSAND PLAYGROUNDS-EQUIPMENT: The Acting
City Manager submitted a written report of the City
Manager recommending that Council accept the bids of
Mountcastle Tractor Sales, Inc., for two new
tractor/mowers, for a total cost of $54,800.00, and
M.S.C. Equipment, Inc., for a new brush chipper, for a
total cost of $13,336.00; that Council appropriate
$68,136.00 from Debt Service, Account No. 001-C04-9310-
9512, to Parks Department, Account No. 001-050-4340-9010;
and reject all other bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31079-062292) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 22.)
Mrs. Bowles moved the adoption of Ordinance No.
31079-062292. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor .................. 5.
NAYS: None, O.
(Council Members Fitzpatrick and White were absent.)
Mrs. Bowles offered the following resolution:
(#31080-062292) A RESOLUTION accepting bids for
tractor mowers and brush chipper and rejecting other
bids.
(For full text of Resolution, see Resolution Book No. 54,
page 23.)
413
i!
ACTION=
ACTION=
Mrs. Bowles moved the adoption of Resolution No.
31080-062292. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor ............ 5.
NAYS: None 0.
(Council Members Fitzpatrick and White were absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance
submitted the financial report for the City of Roanoke
for the month of May, 1992.
(For full text, see financial report on file in the City
Clerk's Office.)
Mr. Musser moved
received and filed.
Harvey and adopted.
that the financial report be
The motion was seconded by Mr.
BUDGET-CITY EMPLOYEES: The Director of Finance
submitted a written report advising that the fiscal year
1991-92 General Fund and Internal Service Fund budgets
included funds in the nondepartmental category for
payment of termination leave, unemployment compensation,
workmen's compensation wages, and workmen's compensation
medical expenses; that these types of fringe benefits are
budgeted in the nondepartmental category because annual
charges for each department are difficult to accurately
project; and actual costs are charged to the applicable
department in anticipation of periodic budget transfers
to cover said costs.
The Director of Finance recommended that he be
authorized to transfer funds from the nondepartmental
category to applicable departmental budgets, pursuant to
the following summary of total transfers=
Internal
General Service
Fund Fund
Payroll Accrual
$135,595.00 $ -
Workmen's Compensation
Wages 300,000.00
10,000.00
414
ACTION=
Workmen's Compensation
Medical
Termination Leave
Wages
Unemployment Wages
Total
300,000.00
125,000.00
35~.000.00
10,000.00
10,762.00
5 ~,000 · 00
35..,762~0.0.,
(For full text, see report on file in the City Clerk's
Office. )
Mr. Harvey offered the following emergency budget
ordinance:
(#31081-062292) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Internal
Service Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 24.)
Mr. Harvey moved the adoption of Ordinance No.
31081-062292. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, Bowers, Bowles,
Harvey and Mayor Taylor ........... -5.
NAYS: None
(Council Members Fitzpatrick and White were absent.)
CITY ATTORNEY:
CITY CODE: The City Attorney submitted a written
report advising that since 1982, Council has reenacted
and recodified the City Code on an annual basis in order
to properly incorporate amendments which are made by the
General Assembly at the previous Session to State
statutes that are incorporated by reference in the City
Code; that this procedure ensures that the ordinances
codified in the City Code incorporate current provisions
of State law; that incorporation by reference is
frequently utilized in local codes to preclude having to
set out lengthy provisions of State statutes in their
entirety; that in addition, the technique ensures that
local ordinances are always consistent with State law as
415
,I
ACTION:
is generally required; and the procedure whereby a local
governing body Incorporates State statutes by reference
after action of the General Assembly has been approved by
the Attorney General.
The City Attorney recommended the Council adopt an
ordinance which would reenact the Code of the City of
Roanoke (1979), as amended, advising that if the
ordinance is not adopted, City Code sections
incorporating provisions of the State Code amended at the
last Session of the General Assembly may be impermissibly
inconsistent which could result in the dismissal of
criminal prosecutions under such City Code sections.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency
ordinance:
(#31082-062292) AN ORDINANCE to readopt and reenact
the Code of the City of Roanoke (1979), as amended; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 29.)
Mr. Bowers moved the adoption of Ordinance No.
31082-062292. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser,
Harvey and Mayor Taylor-'
NAYS: None-
Bowers, Bowles,
(Council Members Fitzpatrick and White were absent.)
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Council Member David A. Bowers,
Chairperson of the Audit Committee, presented the minutes
of the Audit Committee meeting which was held on Monday,
June 1, 1992, with regard to External Audits - KPMG Peat
Marwick General Audit Plan; Internal Audits of Personal
Property Accounts Receivable, Revenue Collection System,
Mill Mountain Wildflower Garden Fund, Nursing Home
416
ACTIONt
ACTION=
Revolving Fund, and War Memorial Fund; Municipal Auditing
Annual Plan for 1993; External Audit Contract Selection
Committee; and Government Auditing Standards External
Quality Control Review.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. Bowers moved that the minutes be received and
filed. The motion was seconded by Mrs. Bowles and
adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS:
WATER DEPARTMENT: The Director of Utilities and
Operations advised that the Falling Creek Filter Plant
project was placed back in service at 2:30 p.m., on
Thursday, June 19, 1992.
At 5:10 p.m., the Mayor declared the meeting in
recess.
At 5:40 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
417
I
ACTION:
ACTION:
ACTION:
AYES: Council Members Musser, Bowers,
Harvey and Mayor Taylor--
Bowles,
5.
NAYS: None 0.
(Council Members Fitzpatrick and White were absent.)
LANDMARKS-WATER DEPARTMENT (ADVISORY COMMITTEE,
CRYSTAL SPRING PUMPING STATION): The Chairperson having
advised that it was not necessary to continue the work of
the Advisory Committee, Crystal Spring Pumping Station
inasmuch as City personnel currently maintain the pump,
Mr. Harvey moved that the Advisory Committee, Crystal
Spring Pumping Station, be abolished. The motion was
seconded by Mr. Musser and adopted.
SCHOOLS (JEFFERSON HIGH SCHOOL COMMITTEE): The
Chairperson having advised that it was not necessary to
continue the work of the Jefferson High School Committee
since formation of the Jefferson Center Foundation, Mr.
Harvey moved that the Jefferson High School Committee be
abolished. The motion was seconded by Mr. Musser and
adopted.
PENSIONS (CITY OF ROANOKE PENSION PLAN, BOARD OF
TRUSTEES): The Mayor advised that the two year terms of
Ms. Bernice F. Jones and Mr. Ronald E. Carlisle, and the
four year term of Mr. Delmar L. Irving as members of the
City of Roanoke Pension Plan, Board of Trustees, will
expire on June 30, 1992; that Mr. Carlisle is ineligible
for reappointment inasmuch as the position rotates
between a member of the Fire Department and a member of
the Police Department; whereupon, he called for
nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of
Bernice F. Jones and Delmar L. Irving.
There being no further nominations, Ms. Jones and
Mr. Irving were reelected as a members of the City of
Roanoke Pension Plan, Board of Trustees, for terms of two
years each, ending June 30, 1994, by the following vote:
FOR MS. JONES AND MR. IRVING: Council Members
Musser,, Bowers, Bowles, Harvey and Mayor Taylor ....... 5.
(Council Members Fitzpatrick and White were absent.)
418
ACTION=
CITIZENS SERVICES CON~4ITTEE: The Mayor advised that
the one year terms of Ms. Bernice F. Jones and Messrs.
James D. Ritchie, Frank W. Feather, Stanley R. Hale,
Raleigh Campbell, Harold P. Kyle and Alphonso McCain as
members of the Citizens Services Committee will expire on
June 30, 1992, and called for nominations to fill the
vacancies.
Mr. Harvey placed in nomination the names of Ms.
Bernice F. Jones and Messrs. James E. Ritchle, Frank W.
Feather, Stanley R. Hale, Raleigh Campbell and Alphonso
McCain.
There being no further nominations, Ms. Jones and
Messrs. Rltchle, Feather, Hale, Campbell and McCain were
reelected as members of the Citizens Services Committee,
for terms of one year each, ending June 30, 1993, by the
following vote:
FOR MS. JONES AND MESSRS. RITCHIE, FEATHER, HALE,
CAMPBELL AND MCCAIN: Council Members Musser, Bowers,
Bowles, Harvey and Mayor Taylor ....................... 5.
(Council Members Fitzpatrick and White were absent.)
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor
advised that the one year terms of Ms. Linda R. Durham,
Mr. Ted H. Key, Ms. Sabrina T. Law, Ms. Bonnie Sue
Steele, Mr. James C. Butler, Mr. Greg Feldmann, Mr.
Samuel G. Oakey, Jr., Mr. Allen T. Wilson, Ms. Carol B.
Dalhouse, Ms. Mary Elizabeth Kepley, Ms. Lin D. Chaff and
The Reverend John R. Rhone as members of the Special
Events Com~__ittee will expire on June 30, 1992, and called
for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of
Linda R. Durham, Sabrina T. Law, Bonnie Sue Steele,
James C. Butler, Greg Feldmann, Samuel G. Oakey, Jr.,
Allen T. Wilson and John R. Rhone.
There being no further nominations, Ms. Durham, Ms.
Law, Ms. Steele, Mr. Butler, Mr. Feldmann, Mr. Oakey, Mr.
Wilson and Reverend Rhone were reelected as members of
th~ Special Events Committee, for terms of one year each,
ending June 30, 1993, by the following vote:
419
ACTION:
ACTION=
FOR MS. DURHAM, MS. LAW, MS. STEELE, MR. BUTLER, MR.
FELDMANN, MR. OAKEY, MR. WILSON AND REVEREND RHONE:
Council Members Musser, Bowers, Bowles, Harvey and Mayor
Taylor ........... 5.
(Council Members Fitzpatrick and White were absent.)
WAR MEMORIAL COMMITTEE: The Mayor advised that the
one year terms of Messrs. Sloan H. Hoopes, Alfred C.
Moore and Thomas R. Plymale as members of the War
Memorial Committee will expire on June 30, 1992, and
called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Messrs.
Sloan H. Hoopes, Alfred C. Moore and Thomas R. P1ymale.
There being no further nominations, Messrs. Hoopes,
Moore and Plymale were reelected as members of the War
Memorial Committee, for terms of one year each, ending
June 30, 1993, by the following vote:
FOR MESSRS. HOOPES, MOORE AND PLYMALE: Council
Members Musser, Bowers, Bowles, Harvey and Mayor
Taylor ............. 5.
(Council Members Fitzpatrick and White were absent.)
PARKS AND PLAYGROUNDS (MILL MOUNTAIN DEVELOPMENT
COMMITTEE): The Mayor advised that the one year terms of
Ms. Elizabeth T. Bowles, Ms. Frances S. BOon, Ms.
Betty C. Wlnfree, Mr. M. Carl Andrews, Mr. Robert N.
Fishburn, Mr. L. Thompson Hanes and Mr. Carl H. Kopitzke
as members of the Mill Mountain Development Committee
will expire on June 30, 1992, and called for nominations
to fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Frances S. Boon, Ms. Betty C. Winfree, Mr. M. Carl
Andrews, Mr. Robert N. Fishburn, Mr. L. Thompson Hanes
and Mr. Carl H. Kopitzke.
There being no further nominations, Ms. Boon, Ms.
Wlnfree, Mr. Andrews, Mr. Fishburn, Mr. Hanes and Mr.
Kopitzke were reelected as members of the Mill Mountain
Development Committee, for terms of one year each, ending
June 30, 1993, by the following vote:
420
ACTION:
ACTION:
FOR MS. BOON, MS. WINFREE, MR. ANDREWS, MR.
FISHBURN, MR. HANES AND MR. KOPITZKE: Council Members
Musser,, Bowers, Bowles, Harvey and Mayor Taylor ...... 5.
(Council Members Fitzpatrick and White were absent.)
FLOOD REDUCTION/CONTROL (FLOOD PLAIN COMMITTEE):
The Mayor advised that the one year terms of Ms. Kathy S.
Hill, Messrs. Samuel J. Krisch, II, Edgar V. Wheeler,
Read A. Lunsford, James F. Williams, Harold L. Shaffer,
Robert H. Bennett, Jr., and Terry N. Grimes as members of
the Flood Plain Committee will expire on June 30, 1992,
that Messrs. Hopkins and Pitzer have declined to serve
another term; and called for nominations to fill the
vacancies.
Mr. Harvey placed in nomination the names of Messrs.
Samuel J. Krisch, II, Edgar V. Wheeler, Read A. Lunsford,
James F. Williams, and Terry N. Grimes.
There being no further nominations, Messrs. Krisch,
Wheeler, Lunsford, Williams and Grimes were reelected as
members of the Flood Plain Committee, for terms of one
year each, ending June 30, 1993, by the following vote:
FOR MESSRS. KRISCH, WHEELER, LUNSFORD, WILLIAMS AND
GRIMES: Council Members Musser, Bowers, Bowles, Harvey
and Mayor Taylor ........... 5.
(Council Members Fitzpatrick and White were absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP (ROANOKE NEIGHBOR-
HOOD PARTNERSHIP STEERING COMMITTEE: The Mayor advised
that there is a vacancy on the Roanoke Neighborhood
Partnership Steering Committee, created by the
resignation of Dr. Gary Waldo, for a term ending
November 9, 1994, and called for nominations to fill the
vacancy.
Mr. Bowers placed in nomination the name of Ms.
Mary L. Lear.
There being no further nominations, Ms. Lear was
elected as a member of the Roanoke Neighborhood
Partnership Steering Committee, to fill the unexpired
term of Dr. Gary Waldo, resigned, for a term ending
November 9, 1994, by the following vote:
421
ACTION:
ACTION:
ACTION=
FOR MS. LEAR: Council Members Musser, Bowers,
Bowles, Harvey and Mayor Taylor ............ 5.
(Council Members Fitzpatrick and White were absent.)
FIRE DEPARTMENT (BOARD OF FIRE APPEALS): The Mayor
advised that the four year terms of Messrs. Ross C. Hart,
Michael K. Quinn and Ronald O. Crawford as members of the
Board of Fire Appeals will expire on June 30, 1992, and
called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Messrs.
Ross C. Hart, Michael K. Quinn and Ronald O. Crawford.
There being no further nominations, Messrs. Hart,
Quinn and Crawford were reelected as members of the Board
of Fire Appeals, for four year terms each, ending
June 30, 1996, by the following vote:
FOR MESSRS. HART, QUINN AND CRAWFORD: Council
Members Musser, Bowers, Bowles, Harvey and Mayor
Taylor ..... ' ....... 5.
(Council Members Fitzpatrick and White were absent.)
Mr. Harvey moved that the City residency requirement
be waived in order for Mr. Hart to continue his service
as a member of the Board of Fire Appeals. The motion was
seconded by Mr. Musser and adopted.
ROANOKE ARTS COMMISSION= The Mayor advised that the
three year terms of Ms. Mimi Hodgin, Ms. Melody S.
Stovall, Ms. Elizabeth T. Bowles and Mr. Richard L.
Meagher as members of the Roanoke Arts Commission will
expire on June 30, 1992, that Ms. Martin has declined to
serve another term and Mr. Meagher is ineligible for
reappointment inasmuch as he has completed his third
consecutive term of office; whereupon, he called for
nominations to fill the vacancies.
Mr. Harvey placed in nomination the name of Ms. Mlmi
Hodgin.
There being no further nominations, Ms. Hodgin was
reelected as a member of the Roanpke Arts Commission, for
a term of three years, ending June 30, 1995, by the
following vote:
422
ACTION:
ACTION:
ACTZON:
FOR MS. HODGIN~ Council Members Musser, Bowers,
Bowles, Harvey and Mayor Taylor ........................ 5.
(Council Members Fitzpatrick and White were absent.)
PERSONNEL DEPARTMENT (PERSONNEL AND EMPLOYMENT
PRACTICES COMMISSION): The Mayor advised that the three
year terms of Mr. Lewis W. Peery, Mr. Frederick L. Bulbin
and Ms. Elizabeth M. Legg as members of the Personnel and
Employment Practices Commission will expire on June 30,
1992; that Mr. Bulbin is ineligible for reappointment
inasmuch as he has completed three consecutive terms of
office; whereupon, he called for nominations to fill the
vacancies.
Mr. Harvey placed in nomination the name of Mr.
Lewis W. Peery.
There being no further nominations, Mr. Peery was
reelected as a member of the Personnel and Employment
Practices Commission, for a term of three years, ending
June 30, 1995, by the following vote:
FOR MR. PEERY: Council Members Musser, Bowers,
Bowles, Harvey and Mayor Taylor ....................... 5.
(Council Members Fitzpatrick and White were absent.)
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor
advised that there is a vacancy on the Special Events
Committee, created by the resignation of Mr. Marc J.
Small, and called for nominations to fill the vacancy.
Mr. Musser placed in nomination the name of Mr.
Samuel A. Garrison, III.
There being no further nominations, Mr. Garrison was
elected as a member of the Special Events Committee, for
a term ending June 30, 1993, by the following vote:
FOR MR. GARRISON: Council Members Musser, Bowers,
Bowles, Harvey and Mayor Taylor ...... 5.
(Council Members Fitzpatrick and White were absent.)
ECONOMIC DEVELOPMENT COMMISSION: The Mayor advised
that the three year terms of Messrs. Beverly T.
Fitzpatrick, Jr., Brian J. Wlshneff, W. Robert Herbert,
Stanley R. Hale and Charles R. Saul as members of the
Economic Development Commission will expire on June 30,
1992, and called for nominations to fill the vacancies.
423
Mr. Harvey placed in nomination the names of Messrs.
Beverly T. Fitzpatrick, Jr., Brian J. Wishneff and W.
Robert Herbert.
There being no further nominations, Messrs.
Fitzpatrick, Wishneff and Herbert were reelected as
members of the Economic Development Commission, for terms
of three years, each, ending June 30, 1995, by the
following vote:
ACTION: FOR MESSRS. FITZPATRICK, WISHNEFF AND HERBERT:
Council Members Musser, Bowers, Bowles, Harvey and Mayor
Taylor-- - ......... 5.
(Council Members Fitzpatrick and White were absent.)
There being no further business, the Mayor declared the
meeting adjourned at 5:45 p.m.
APPROVED
ATTEST
City Clerk
Mayor
424
ORGANIZATIONAL MEETING
July 6, 1992
2:00 p.m.
ROANOKE CITY COUNCIL
The Council of the City of Roanoke held its organizational
meeting on Monday, July 6, 1992, at 2:00 p.m., in the City Council
Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, with Mayor David A. Bowers presiding,
pursuant to Section 10, Meetinqs of Council, of the Roanoke City
Charter, at which time the newly elected Members of the Roanoke
City Council assumed the duties of their respective offices.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Delvis O. McCadden,
Howard E. Musser, William White, Sr., and Mayor David A.
Bowers 7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dtbllng, Jr., City Attorney; James D. Grisso, Deputy Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
COUNCIL: The Mayor advised that Section 10 of the
Roanoke City Charter provides that at 2:00 p.m., on the
first Monday of July next following each regular
municipal election, or if such day be a City holiday,
then on the day following, the Council shall meet at the
usual place for holding meetings of the legislative body
of the City, at which time the newly elected Council
Members shall assume the duties of their respective
offices.
The City Clerk called Council's attention to a copy
of the Roanoke City Electoral Board Abstract of Votes
cast in the General Election held in the City of Roanoke
on Tuesday, May 5, 1992, certifying that David A. Bowers
received the greatest number of votes cast for Mayor; and
Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., and
Delvls O. McCadden received the greatest number of votes
cast for the office of City Council Member.
425
ACTION:
The City Clerk advised that Oaths of Office were
administered to Mayor Bowers and Council Members Bowles,
Fitzpatrick and McCadden by the Honorable Circuit Court
Judges Kenneth E. Trabue, Diane M. Strickland and Roy B.
Willett on Monday, June 15, 1992, for terms of four
years, each, commencing July 1, 1992, and ending June 30,
1996.
Council Member Fitzpatrick having received the
greatest number of votes cast in the Councilmanic
election and thus, pursuant to Section 4 of the Roanoke
City Charter, is elected Vice-Mayor of the City of
Roanoke for a term commencing July 1, 1992, and
continuing for a period of two years until his successor
has been duly elected and qualified, Mrs. Bowles offered
the following Resolution:
(#31083-070692) A RESOLUTION recognizing the
HONORABLE BEVERLY T. FITZPATRICK, JR., to be a member of
the City Council and Vice-Mayor of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 54,
page 36A.)
Mrs. Bowles moved the adoption of Resolution No.
31083-070692. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
Musser, White and Mayor Bowers 6.
NAYS: None--- --0.
(Council Member Fitzpatrick abstained from voting.)
The Mayor presented Vice-Mayor Fitzpatrick with a
framed copy of Resolution No. 31083-070692.
Mr. Harvey offered the following Resolution
commending the service of the Honorable Howard E. Musser,
as Vice-Mayor, from July 1, 1990, through June 30, 1992:
(#31084-070692) A RESOLUTION recognizing the
services of the HONORABLE HOWARD E. MUSSER as Vice-Mayor
of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 54,
page 36B.)
426
ACTION:
Mr. Harvey moved the adoption of Resolution No.
31084-070692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatr!ck, Harvey,
McCadden, White and Mayor Bowers .... -6.
NAYS: None
(Council Member Musser abstained from voting.)
The Mayor presented Council Member Musser with a
framed copy of Resolution No. 31084-070692.
There being no further business, the Mayor declared the
Organizational Meeting adjourned at 2:15 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
427
SPECIAL NEETING
ROANOKE CITY COUNCIL
July 13, 1992
5:30 p.m.
The Council of the City of Roanoke met in special session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, July 13,
1992, at 5:30 p.m., pursuant to Section 10, Meetinqs of Council, of
the Roanoke City Charter; and pursuant to communication from the
Mayor under date of July 9, 1992, with Mayor David A. Bowers
presiding.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Delvis O. McCadden,
Howard E. Musser, William White, Sr., and Mayor David A.
Bowers 7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Deputy Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
COUNCIL: The Mayor referred to the following
communication calling the special meeting of Council:
"July 9, 1992
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the
Roanoke City Charter, I am calling a special meeting of
City Council on Monday, July 13, 1992, at 5:30 p.m., in
the City Council Chamber, fourth floor of the Municipal
Building. The purpose of the special meeting will be to
convene in Executive Session to discuss the following:
428
ACTION:
Matters relating to the Hotel
Roanoke Project involving
acquisition and use of real property
for public purposes, pursuant to
Section 2.1-344(A)(3), and specific
legal matters relating to the terms
and conditions of agreements to
which the City is a party, pursuant
to Section 2.1-344(A)(7), Code of
Virginia (1950), as amended; and
me
Specific legal matters involving the
terms and conditions of a contract
in negotiation between the City and
a non-profit entity, pursuant to
Section 2.1-344(A)(7), Code of
Virginia (1950), as amended.
It is not anticipated that Council will be requested to
take official action following the Executive Session.
Sincerely,
S/ David A. Bowers
David A. Bowers, Mayor
City of Roanoke"
Mr. Fitzpatrick moved that Council convene in
Executive Session to discuss matters relating to the
Hotel Roanoke Project involving acquisition and use of
real property for public purposes, pursuant to Section
2.1-344(A)(3), and specific legal matters relating to the
terms and conditions of agreements to which the City is
a party, pursuant to Section 2.1-344(A)(7), Code of
Virginia (1950), as amended; and specific legal matters
involving the terms and conditions of a contract in
negotiation between the City and a non-profit entity,
pursuant to Section 2.1-344(A)(7), Code of Virginia
(1950), as amended. The motion was seconded by Mr. White
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers .... 7.
NAYS: None 0.
At 5:35 p.m., the Mayor declared the meeting in
recess.
429
At 7:20 p.m., tile meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
ACTION:
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
There being no further business, the Mayor declared the
special meeting adjourned at 7:22 p.m.
APPROVED
City Clerk Mayor
430
REGULAR WEEKLY SESSION .....
-ROANOKE CITY COUNCIL
July 13, 1992
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, July 13,
1992, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Delvis O. McCadden,
Howard E. Musser, William White, Sr., and Mayor David A.
Bowers 7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dlbling, Jr., City Attorney; James D. Grisso, Deputy Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Harold S.
Moyer, Pastor, Williamson Road Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PUBLIC HEARINGS
HOUSING-SUBDIVISIONS-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, July 13, 1992, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the
request of the City of Roanoke Redevelopment and Housing
Authority that portions of the Plats of Subdivision of
Deanwood Terrace, Linwood Land Company and the Deanwood
Community Development Program be vacated in order to
develop the entire tract into a single large tract to be
used for commercial and industrial purposes, including
the closing of all existing streets and alleys within the
boundaries of the subject property, the matter was before
the body.
431
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, June 26, 1992, and Friday, July 3,
1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the portions of subdivisions requested for vacation
are situated adjacent to Plantation Road and Orange
Avenue, N. E.; that subdivisions include 23 land parcels,
three sections of platted, but undeveloped, street and a
section of undeveloped alley; that land was acquired by
the Roanoke Redevelopment and Housing Authority under the
provisions of Title 36 of the Code of Virginia (1950), as
amended, pursuant to certain redevelopment plans for the
area; and the original lots and certain streets and
alleys adjacent to the subject property have been vacated
by the Roanoke Redevelopment and Housing Authority in
past years for similar redevelopment purposes, was before
Council.
It was further advised that the that application was
reviewed by the Planning Commission at its regular
meeting on Wednesday, June 3, 1992; that the applicant
desires to vacate the subject portions of subdivisions
pursuant to Section 15.1-482(b), Code of Virginia, in
order to consolidate existing lots and streets and alleys
into a single, large tract of land to be used for future
commercial and industrial purposes; and the land, as
currently subdivided in small lots with undeveloped
streets and alley, is no longer suitable for residential
use as originally intended.
The Planning Commission recommended that Council
approve the request to vacate the subject portions of
subdivision, subject to the following conditions:
that the applicant agrees to dedicate and
construct a public turnaround at the proposed
terminus of Seventh Street, N. E., at the time
the property is developed;
that the applicant agrees to submit to the
City for review and approval a subdivision
plat providing for the proper distribution of
the land within the vacated rights-of-way and
the combination of all lots located within the
subject subdivision; and
432
ACTION:
the applicant agrees that if the above-cited
subdivision plat is not recorded within a
period of 12 months from the date of any
ordinance providing for the vacation, such
ordinance shall become null and void with no
further action by Council being necessary.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the following Ordinance be
placed upon its first reading:
(#31085) AN ORDINANCE permanently vacating portions
of the Deanwood Terrace, Linwood Land Company and
Deanwood Community Development Program Subdivision, as is
more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 82.)
The motion was seconded by Mr. McCadden.
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter.
There being none, Ordinance No. 31085 was adopted on its
first reading by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council.
433
ACTION:
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, board~, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None .... 0.
ANNUAL REPORTS-REAL ESTATE VALUATION (BOARD OF
EQUALIZATION): A communication from the Honorable Roy B.
Willett, Judge, Twenty-Third Judicial Circuit of
Virginia, transmitting the Annual Report of the Board of
Equalization for the taxable year July 1, 1992 through
June 30, 1993, was before Council.
It was advised that the Board received 167 appeals,
including 31 commercial and industrial appeals and 129
residential; that the members of the Board unanimously
requested and recommended that necessary access to
computer service be continued in order to adequately deal
with its duties; and that future Equalization Boards
continue to have separate office space from the Real
Estate Valuation Office.
It was further advised that the Board of
Equalization has requested that the City provide a room
assignment by March 1 of each year so that the Board may
commence its work as soon as oaths of office are
administered and that the Board be assigned the same
office space that it used this year (Room 162 of the
Municipal Building).
(For full text, see Annual Report on file in the City
Clerk's Office.)
434
ACTION:
Mrs. Bowles moved that the Annual Report be received
and filed. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ...... 7.
NAYS: None 0.
SEGREGATION/INTEGRATION-AFFIRMATIVE ACTION-MINORITY
AND WOMEN OWNED BUSINESS ENTERPRISE PLAN: A report of
the City Manager transmitting information on the status
of City of Roanoke Minority and Women-Owned Business
Participation, advising that Council approved a Minority
and Women-Owned Business Enterprise Plan for the City,
pursuant to Resolution No. 31012-051892 on May 18, 1992;
that Council requested a report on past participation by
Minority Business Enterprise and Women-Owned Business
Enterprise and asked for a projected level of
participation under the new plan; and the Plan is
currently being implemented by City staff with guidance
from local contractors, minority and non-minority, was
before Council.
It was further advised that results of efforts to
use Minority Business Enterprise and Women-Owned Business
Enterprise on Community Development Block Grant funded
contracts are as follows:
Minority Business Enterprise Liaison Officer
has maintained a list of approximately 57
minority and women-owned businesses in the
Roanoke Valley market area, and distributes
this list to contractors, the Roanoke
Redevelopment and Housing Authority and others
upon request. The list is added to and updated
constantly.
Percentage rates of Minority Business
Enterprise participation has varied greatly
from year to year under the Community
Development Block Grant program:
total per cent MBE contracts 1990-91 -
34.3%
total value MBE contracts - 13.9%
be
total per cent MBE contracts 1991-92 -
21.9%
total value MBE contracts - 2.1%
435
total per cent and value on
Women-Owned Business Enterprise
contracts both years
-- --0--
Community Development Block Grant contracts
are predominantly small rehabilitation or
demolition contracts, in which specialty there
are a number of minority contracts; therefore,
the CDBG record for Minority Business
Enterprise participation may be more
successful than for the City as a whole.
The City Manager recommended the following future
policy and procedures:
Minority Business Enterprise/Women-
Owned Business Enterprise Plan as
implemented will require contractors
to contact minority subcontractors
and to report contacts as part of a
responsive bid.
This process will be monitored and
records will be kept of numbers and
values of contracts and sub-
contracts awarded.
Annual status report will be made to
City Council reporting results of
plan efforts and recommended changes
in procedures, if any.
Internal, administrative objectives
will be that ten per cent of the
total contracts and subcontracts
awarded for construction and
purchasing will be to minority
and/or women-owned firms. This is
not to be construed to be a quota or
set-aside in any way, but a measure
of the Plan's success or lack of
success. It is an administrative
tool and does not constrain the City
from awarding contracts to the
lowest responsive bidder.
Se
Roanoke's new Minority Business
Network headed by Stan Hale, Ken
Haley, Herb Chappelle and Charles
436
ACTION:
Price will advise
Officer and provide
with minority and
businesses.
the Liaison
coordination
women-owned
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers .... 7.
NAYS: None -0.
POLICE DEPARTMENT: A report of the City Manager
with regard to the proposed false alarm ordinance, was
before Council.
It was advised that following Council's discussion
of the false alarm ordinance at its regular meeting on
Monday, June 15, 1992, meetings were held with S. P.
Oginz, Vice President, Western Region of the Virginia
Burglar and Fire Alarm Association and owner of Security
Consultants, Unlimited, Martin Etzler, President, State
Security Systems, and R. E. Hylton, Jr., Electralarms
Systems, Inc.; and as a result of the meetings, the alarm
ordinance has been amended in its latest draft to provide
for the following:
written notice of false alarm occurrences to
the user or users agent;
appeal process for exceptions from the false
alarm designation or imposition of false alarm
fees from the time of written notice to within
ten calendar days following receipt of the
notice of a false alarm;
a new section entitled "Duties of the User and
Alarm Companies"; and
a fee schedule revision to include two
occurrences of a false alarm within the six
month period without charge and an escalated
rate for the fourth and subsequent false
alarms during the same period.
437
ACTION:
ACTION:
It was further advised that forms and procedures
necessary to set forth the information required in order
to notify the alarm holder of the number of times that an
alarm has been reported within the given report period,
and to advise them upon first written notice of the
latest alarm and their liability for that as well as
subsequent alarms are being developed; and staff is
endeavoring to develop one program that will provide all
information, as well as a computer program for
notification and billing.
The City Manager advised that he would like for the
program to be operational, full tested and as error free
as possible prior to the public being subject to paying
the first false alarm fee. Therefore, Mr. Herbert
suggested that the program be put in place during the
next 60 to 90 days at which time he will bring a proposed
measure to Council with a recommended effective date of
January 1, 1993, and in the interim, any minor changes
needed for the ordinance can be accomplished during the
test period.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ...... 7.
NAYS: None 0.
PENDING LIST: A list of items pending from July 10,
1978, through June 22, 1992, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mrs. Bowles moved that the pending list be received
and filed. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
438
ACTION:
ACTION:
ACTION:
SCHOOLS: A report of qualification of Clubert G.
Poff and C. Nelson Harris as Trustees of the Roanoke City
School Board, for terms ending June 30, 1995, was before
Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ---7.
NAYS: None -0.
HOUSING: A report of qualification of Willis M.
Anderson as a member of the City of Roanoke Redevelopment
and Housing Authority, Board of Commissioners, for a term
ending August 31, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
TRAFFIC (ROANOKE TRANSPORTATION SAFETY COMMISSION):
A report of qualification of Richard I. Huddleston as a
member of the City of Roanoke Transportation Safety
Commission, for a term ending October 31, 1992, was
before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 7.
NAYS: None 0.
439
ACTION:
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of
qualification of Edward S. Allen as a member of the
Roanoke Neighborhood Partnership Steering Committee, for
a term ending November 11, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HUMAN DEVELOPMENT (PUBLIC ASSISTANCE): Mr. H. Joel
Kelly, 740 13th Street, S. W., spoke in support of the
benefits of a community project for the City of Roanoke
similar to the Carter Center's "Atlanta Project". He
presented literature describing the "Atlanta Project"
that is an initiative of former President Jimmy Carte~
and the Carter Center, Inc., which goal is to tap the
talent and goodwill that exists throughout the Atlanta
area in an effort to reduce poverty, hopelessness and
despair. He explained that the "Atlanta Project" is a
community-wide effort to attack societal problems
associated with poverty in urban areas and to create
friendships and partnerships among state, local and
federal government agencies, non-profit service
organizations, the business community and large numbers
of volunteers drawn especially from universities and
religious institutions. He added that the project is
designed to address problems that affect economically
depressed falailies such as school age pregnancy, drop out
rate, Juvenile delinquency, crime and violence,
homelessness, drug abuse and unemployment. He pointed
out that some of the goals of the "Atlanta Project"
include:
immunizing every child against preventable
diseases,
assuring that every pregnant woman has pre-
natal care,
440
maintaining health clinics in all schools,
recruiting corporate, religious
other sponsors to assist schools,
groups or
encouraging religious organizations,
universities, corporations, civic groups and
similar organizations to build or rebuild one
or more dwellings to house the homeless,
encouraging parents, teachers, social workers,
and others to assist local police in their
efforts to control violence and the
distribution of drugs, and
assigning volunteer probation officers and
counselors to Juvenile delinquents.
(See literature on file in the City Clerk's Office.)
Mr. Musser moved that the matter be referred to the
City Manager for appropriate response. The motion was
seconded by Mr. Fitzpatrick and adopted.
PETITIONS AND COMMUNICATIONS:
ANIMALS-DOGS: A communication from Council Member
James G. Harvey, II, advising that the events of the past
week concerning the unprovoked attack of a young girl by
a non-vicious dog is appalling; that he was stunned by
comments of the Judge and Commonwealth's Attorney on the
resulting trial related to this most recent incident; and
apparently, one of the most important circumstances in
adopting the City's vicious dog ordinance, the
responsibility of the owners of such animals, was
overlooked, was before Council.
Mr. Harvey advised that for the most part, dogs are
not born vicious -- they are either trained to be so, or
through innocent rough-housing, they learn this trait,
however, the final responsibility rests with the pet
owner.
Mr. Harvey added that a clear and forceful message
must be sent to citizens of Roanoke that if they raise
and harbor a vicious animal and an innocent child or
person gets hurt by thig animal, the owner will
ultimately be held criminally responsible for the actions
of their pet. He stated that more vigorous criminal
penalties are needed in the courts, and therefore
requested that the matter be referred to the City
441
ACTION:
Attorney for review and report back to Council with
information on the most stringent measures allowed by law
to assure that the responsibility rests with the owner of
such animal and not with the animal itself.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Harvey moved that the matter be referred to the
City Attorney for study and report to Council. The
motion was seconded by Mr. Musser and unanimously
adopted.
ELECTIONS-COUNCIL: Dr. Wendell H. Butler, Chairman,
Citizens Task Force To Study Alternative Election
Procedures for City Council, presented a report of the
Task Force advising that in November 1991, Council
adopted a resolution establishing the Task Force and
requested the Fifth Planning District Commission to
provide staff assistance. He stated that by December 14,
citizens representing the various quadrants of the City
were selected to serve on the Task Force and during the
month of December the Task Force commenced its work. He
explained that the first part of the process was the fact
finding phase in which numerous practitioners and members
of the academic community who were directly involved with
or had written extensively on at-large, modified ward and
ward election systems in the Commonwealth of Virginia
were invited to address the Task Force. Additionally, he
stated that citizens from various civic organizations in
Roanoke provided comments on alternative election
procedures and this portion of the study process
encompassed approximately three months. He explained
that a sub-committee of the Task Force prepared a report
on the fact finding phase which was distributed to
Members of Council; and the fact finding discussion phase
led the Task Force to eliminate from further
consideration a full ward election system for Roanoke
City, as well as a process whereby candidates would be
nominated by a residency district, but would be elected
at-large. He noted that following discussions, two
alternative election procedures remained under
consideration; viz: an at-large system and a modified
ward election system.
Dr. Butler advised that Phase II of Task Force work
efforts involved an analysis of the various modified ward
scenarios, and a sub-committee was established to examine
the various scenarios that could be developed within a
modified ward election system. He added that before the
sub-committee commenced its work, the Task Force talked
442
about the need to focus discussions on specific modified
ward scenarios which might be appropriate for
consideration, and the sub-committee was instructed to
focus its attention on the following modified ward
scenarios:
Under a Seven Member Council:
four ward/three at-large
five ward/two at-large
six ward/one at-large
Under a Nine Member Council:
five ward/four at-large
six ward/three at-large
seven ward/two at-large
He explained that the Task Force charged the sub-
committee with the responsibility of addressing the
following questions in its examination of modified ward
scenarios:
(1) How should the Mayor be elected?
(2) How should the Vice-Mayor be elected?
(3)
What should be the size
of the Council under the
modified ward system?
(4)
What should be the
configuration of the
modified ward system?
Dr. Butler advised that staff of the Fifth Planning
District Commission used 1990 census data and prepared 11
different maps showing various configurations of possible
ward boundaries and accompanying each map was a
statistical chart which provided information on the total
population of each ward, the percentage total minority
population, the percentage minority population over age
18, and deviation of the total population of the ward
from the ideal population. He stated that the result of
the sub-committee's work was that if a modified ward
system were selected for future consideration, a six
ward/three at-large system would be the preferable
configuration for Roanoke.
443
Dr. Butler pointed out that the third phase of the
Task Force process consisted of holding citizen workshops
in each of the four quadrants of the City. He stated
that in each workshop citizens were asked to discuss what
they liked and disliked about the current at-large
election system, how the at-large election system could
be improved upon, and if the at-large system were
dropped, what alternative would they prefer. He noted
that 31 citizens participated in the four workshops and
a number of citizens stated that they did not feel
adequately represented on City Council and that Council
needed to work harder to communicate with citizens
throughout the City. In response to concerns expressed
by citizens, Dr. Butler advised that the Task Force
suggests that Council consider establishing neighborhood
advisory councils which would serve as conduits for
obtaining citizen opinion on various issues of concern,
provide guidance on the needs of specific neighborhoods,
and serve as a mechanism for introducing the ideas of
citizens to Council.
Dr. Butler explained that the last phase of the Task
Force study process was the preparation of the final
recommendations to City Council; that Task Force members
were encouraged to review the minutes and reports
prepared up to that point, and during discussion of the
final recommendations, each Task Force member was asked
to provide their perspective on the issue of changing
from the current at-large system to a proposed modified
ward system. He advised that the comments of each Task
Force member were provided in the final report and each
Task Force member was invited to elaborate on their
perspective in a written personal statement, which
statements are also provided as an attachment to the
final report. He explained that the final report of the
Task Force to recommend the modified ward system, with
six Council members to be elected by wards and three to
be elected at-large, was defeated, advising that eight
Task Force members voted against changing to the proposed
modified ward system, while six voted in favor. He
stated that as a part of the discussion on
recommendations to be submitted to Council, the Task
Force felt the need to address the issue of term
limitations inasmuch as term limitations were cited by
citizens during the workshop process as something that
would help to introduce new persons to City Council.
Finally, he pointed out that the Task Force agreed that
over the years, socio-economic political conditions in
Roanoke are changing, and for this reason there may be a
need to re-examine alternative election procedures in the
future.
444
Dr. Butler presented the following recommendations
of the Citizens Task Force:
The current at-large election system
should be maintained.
(2)
It is recommended that Council
members serve only three consecutive
four year terms, except if the
Council Member decides to run and is
elected as Mayor. As Mayor, he or
she can serve three consecutive four
year terms in this position. After
serving three consecutive terms as
Mayor, a candidate can run again for
Council and can serve another three
consecutive four year terms.
(3)
It is recommended that another Task
Force be appointed in the year 2000
or sooner if the need arises to
study the election system issue to
see if the at-large system is still
serving the needs of the citizens of
Roanoke.
(See report in its entirety on file in the City Clerk's
Office.)
The Mayor advised that five persons had requested to
be heard on the matter, and asked that each speaker limit
their remarks to three minutes.
The Reverend Charles T. Green, 1731 Hanover Avenue,
N. W., representing the Roanoke Chapter of the NAACP and
the People's Voters League, advised that during
discussions with Roanoke County relative to
consolidation, it was agreed that the ward system was a
good idea; however, after the consolidation issue was
defeated, Council changed its mind from that which had
been discussed in private meetings. He called attention
to private meetings which were held in his home with
certain members of Council to discuss the matter of a
modified ward system at which time it was agreed that
these Council persons would bring the matter before
Council for action; however, these same individuals did
not act accordingly. He expressed disappointment in the
manner in which the matter was handled whereby Council
appointed a Task Force that was charged with the
responsibility of making recommendations. He recommended
that Council give the citizens of the City of Roanoke an
m
445
opportunity to express themselves in a referendum which
could be placed on the November 3, 1992 ballot. He added
that the fact that Council did not keep its promise is
disappointing to him as well as to many other citizens of
the City of Roanoke.
Ms. Evangeline B. Jeffrey, 3731 Wilmont Avenue,
N. W., acknowledged the work of the Task Force and staff
that undertook the request of Council; however, she
advised that she would like to remind Council of certain
promises that were made to the minority community. She
pointed out that a vote to retain the at-large system
makes Council completely responsible for the minority
community, and by retaining the current at-large system
Council will be saying that it is the caretaker of the
minority community and it will oversee the progress of
the minority community. She added that as the minority
community reviews certain occurrences in their section of
the City, and when black citizens look at economic
development and decay, they question whether or not
Council has acted as diligent caretakers. She explained
that if Council votes to retain the at-large system, it
is sending a message that this is the best possible
system for citizens to elect their representatives. She
advised that approximately two months ago, certain
members of Council were seeking votes from the minority
community at which time they made certain promises. She
pointed out that Council's decision to retain the at-
large system will effect their community greatly; that
there has been much discussion about how the modified
ward system would add to the polarization of the
community, advising that as she looks at the current
composition of the City Council, she questions whether or
not polarization already exists. She explained that a
member of Council has endeavored on certain occasions to
address specific issues that are germane to the minority
community and that particular member of Council has been
isolated. She advised that the current at-large system
is not working; that several weeks ago, certain members
of Council visited tho minority community and stated that
they support the programs of the black community, and
those Council members were told by representatives of the
community that they would be reminded of their promises.
She added that minorities are no longer willing to sit
back and be "suckers" for campaign promises; and the
minority co~unity has been offended by Council members
soliciting their support, and then turning their back on
the community. She stated that Council members should
place the interest of the citizens before their own
personal interest and vote in favor of a modified ward
system.
446
Mr. A. Byron Smith, 4710 Cheraw Lake Road, N. W.,
advised that five groups appeared before the Task Force
in favor of a modified ward plan; and the Task Force held
meetings in the various sections of the City. He
explained that a delegation of persons attending the
meeting at Jackson Junior High School stated that they
were disappointed with the at-large system of electing
members of City Council and they would prefer to elect
their own representative; that the majority of persons
attending the meeting at William Fleming High School
recommended the modified ward sFstem whereby they could
elect a representative from their section of the City;
that the majority of persons attending the meeting at
Patrick Henry High School favored the present at-large
system; and the last meeting was held at Monterey
Elementary School at which time a member of City Council
was present to express their thoughts about the current
at-large system which was unfair to the Task Force and to
the citizens by endeavoring to influence their thinking.
He explained that at least five members of the past
Council have endorsed the modified ward system; however,
following the May Councilmanic election, the subject was
treated as though it had never been heard of. He added
that the matter is not a racial issue, but more of a
class distinction.
Mr. H. Joel Kelly, 740 13th Street, S. W., concurred
in the recommendations of the Task Force, advising that
Roanoke is too small for a modified ward system to be
effective, and also due to the requirement of the Justice
Department that voters rights will not be diluted. He
added that he agrees with the recommendation of the Task
Force that the matter should be reviewed once again in
the future. He stated that in order to improve upon the
current at-large system, neighborhoods should become more
involved, and expenditure of funds for campaigns should
be limited which would encourage more persons to seek
election.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W.,
advised that discrimination should not exist based on
race, sex, position, creed or residential status. She
stated that there have been times when Council did not
vote on certain issues in the way that she would have
preferred but she has always felt that she has been heard
by the Members of Council. She stated that legislation
and policies cannot eradicate the differences that
separate the community; and the Task Force discussed
issues of concern such as the cost of conducting a City-
wide election, and pointed out that two persons who were
elected to Council in the May Councilmanic election were
447
not the high campaign spenders. She asked that Council
not vote to divide the City anymore than it currently is,
advising that citizens need to continue to break down
barriers that prevent communication between different
interest groups. She called attention to the need to be
exposed to different points of view; that Council needs
to know what the problems are in order to deal with them
and in order to know what the problems are, there must be
good communication between Council and the citizens. She
stated that retaining the current at-large system of
electing City Council members would best serve the needs
of the City of Roanoke.
Mr. Thomas H. Jones, 1407 Abbott Street, N. W.,
spoke in support of a modified ward system, advising that
persons should serve on Council who live in the
neighborhoods they represent. He stated that the
boundary line seems to be drawn at the railroad track,
advising that black citizens need to be able to look to
other black persons as role models; that jobs are needed
in the black community, as well as programs that will
cause minority citizens to be motivated and want to be a
part of making the City of Roanoke a better place to
live.
Mr. Ren T. Heard, 1306 Salem Avenue, S. W., advised
that for the 13 years he has resided in the West End
neighborhood, Council has, on the whole, forgotten that
particular area of the City. He stated that only in the
last year has the West End neighborhood received the full
support of the City Administration, and that would not
have happened if there had been a representative from his
section of the City serving on City Council. He further
stated that the Wometco Coca-Cola Bottling Company would
not have been located in Gainsboro if a representative of
Gainsboro had served on City Council at the time that
discussions were held. He requested that Council think
long and seriously about the problem of representation,
and inquired as to how one would go about encouraging
young people, black or white, man or woman, to proceed
through the system and ultimately take a seat on City
Council. He pointed out that there are too many faces on
City Council that have been there for the last ten years,
that they need to retire and let other people take their
place, advising that he was not implying that these
members of Council have not done a good job, but there
are persons who have new ideas and they deserve a chance
to serve. He asked that Council think long and hard
about the system of electing City Council members because
if Council votes against the will of the people of the
City of Roanoke, the voters will vote them out of office
448
at the next election. He requested that Council consider
holding a referendum in November which would take the
responsibility of making the decision out of the hands of
Council.
Mrs. Bowles responded to Mr. Smith's statement,
advising that she is the member of City Council who
attended the meeting of the Task Force which was held at
Monterey Elementary School. She stated that she was
unaware of any provision in the City Code that would
prohibit a City Council member from attending a public
meeting in their capacity as a citizen of the City of
Roanoke. She added that as a citizen of the Wllliamson
Road community, she felt it was incumbent upon her to
represent her family and their thoughts, and she advised
the Task Force prior to making her remarks that she was
not present in her capacity as a member of City Council,
but as a citizen of the City of Roanoke. She pointed out
that throughout the report, the Task Force makes
references to minorities, advising that as a female, she
is a minority as well; however, that issue was not
discussed in any way which was a gross oversight on the
part of the Task Force.
Mr. White advised that two years ago, when he was
elected to City Council, the issue had been discussed for
a number of years and he felt strongly that it should be
debated; that he was in favor of appointing the Task
Force; and there are points in favor of retaining the
current at-large system, as well as instituting a
modified ward system. He commented that as he moves
about the community, he has seen too many people crying
out for representation and something should to be done,
advising that after having served two years on City
Council, he can attest to the fact that a change is
needed in the way that certain things are handled. He
stated that he would like to go on record in favor of a
modified ward system for electing City Council Members.
Mr. McCadden advised that during the recent
Councilmanic campaign, he stated that if he had to go on
record at that time, he would consider the modified ward
system. He concurred in the remarks of Mrs. Bowles that
the issue of the female minority was not addressed by the
Task Force. He stated that approximately three weeks
ago, he went on record in favor of the at-large system,
which statement was made to a predominantly African-
American audience; and, as a result of that statement, he
received only one telephone call. He expressed
disappointment that only a total of 31 persons attended
the four neighborhood meetings which were conducted by
449
the Task Force, which, in his opinion, means one of three
things; viz: either people are happy with the system
currently in place, or they did not have access to the
meetings in proper times, or they are apathetic and do
not care about Roanoke's type of government. He advised
that he favors the at-large system of government for
electing City Council Members.
Mr. Harvey advised that he could not recall a time
when any citizen called a problem to his attention that
he did not diligently try to address the situation,
regardless of color. He stated that when he met with
Reverend Green and others in Reverend Green's home, he
pointed out that he would support a modified ward system,
if a majority of Council M~-~bers were elected at large,
advising that his position remains the same.
Mr. Fitzpatrick stated that he met with Reverend
Green in his home at which time he advised that he was
willing to consider a modified ward system, and he would
promote a study of the various forms of election. He
stated that he has done exactly what he told Reverend
Green and others that he would do inasmuch as he has
considered the modified ward system, and he has read
every word in every set of minutes generated by the Task
Force. He added that the problem is apathy, advising
that if citizens do not take the time to call every
member of Council when they have a problem, Council will
not have an opportunity to represent the interests of
citizens. He stated that as one member of Council, he is
appalled at the lack of telephone calls he receives from
citizens; that either citizens are happy with their
government, or they are unwilling to call attention to
their needs. He stated that the challenge may be that it
does not make any difference whether Roanoke has a ward
system, a modified ward system or an at-large system
because if citizens choose not to participate in the
process, it leaves the Members of Council in an awkward
position in their efforts to represent the citizens of
the City of Roanoke.
Mr. Musser advised that the idea behind appointment
of the Task Force was to educate the public relative to
the various types of government, however, he expressed
disappointment that only 31 persons attended meetings of
the Task Force.
450
ACTION:
Mr. Harvey moved that Council concur in
Recommendation No. 1 of the Task Force to retain the
current at-large election system; that the report be
received and filed; and that Council express appreciation
to members of the Task Force. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser and McCadden -5.
NAYS: Council Member White and Mayor Bowers
At 9:02 p.m., the Mayor declared the meeting in
recess.
At 9:08 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of funds to
the following school accounts, was before Council.
Grant No. 6135 -
$200,277.00 for the Chapter I
Summer program to provide
reading, language arts and
mathematics instruction for
students in targeted schools.
The program is 100 per cent
reimbursed by federal funds.
Grant No. 6232 -
$136,227.00 for the 1992-93
Chapter II program to provide
funds for the improvement of
instructional services in the
school district. The program
is i00 per cent reimbursed by
federal funds.
Grant No. 6233 -
$55,099.00 for the 1992-93
Eisenhower Math/Science Title
II program to provide for the
development of math and science
curriculum and the operation of
a Computer Institute for math
and science. The program is
100 per cent reimbursed by
federal funds.
451
Grant No. 6432 -
Grant No. 6502 -
Grant No. 6503 -
Grant No. 6504 -
Grant No. 6752 -
Grant No. 6753 -
$34,221.00 for the Summer Youth
Employment program for the
summer of 1992 to provide
training and hands -on
experience for building trades
students. The program is 100
per cent reimbursed by federal
funds.
$51,734.00 for the Child
Development Clinic program to
provide funds for the salary
and expenses of the educational
coordinator at the clinic. The
program is 100 per cent
reimbursed by state funds.
$64,720.00 for the Child
Specialty Services program to
provide funds for the salary
and expenses of the educational
coordinator. The program is
100 per cent reimbursed by
state funds.
$76,295.00 for the Juvenile
Detention Home program to
provide funds for the salary
and expenses of the two
educational coordinators at the
detention home. The program is
100 per cent reimbursed by
state funds.
$45,862.00 for the Specialist
for Occupational Transition
program to provide funds for
the expenses of the Regional
Specialist. The program is 100
per cent reimbursed by state
funds.
$168,421.00 for the 1992-93
Apprenticeship program to
provide on-the-job and
classroom vocational
instruction for students in the
apprenticeship program. The
program will be reimbursed by
state funds and fees paid by
participants.
452
Grant No. 6754 -
$70,223.00 for the Adult Basic
Education program for 1992-93
to provide funds for the
education of adults who have
not completed high school. The
program will be reimbursed by
federal funds in the amount of
$47,623.00 and matching funds
of $22,600.00.
Grant No. 6987 -
$39,012.00 for the Grants
Management program to provide
for salary and fringe benefits
of the grants office secretary
and 40 per cent of the salary
and fringe benefits of the
magnet marketing specialist.
The program will be 100 per
cent reimbursed by federal
funds.
Grant No. 6990 -
$790,066.00 for the 1992-93
Governor's School program to
provide instruction in science
and math to high school
students. The program will be
supported by state funds and
tuition collected from
participating school districts.
(For full text, see communication on file in the City
Clerk's Office.)
A report of the Director of Finance advising that he
had reviewed the request of the School Board; that the 12
grants are funded with federal and state funds and fees;
that in addition to these funding sources, the Adult
Basic Education grant and the Governor's School grant
will receive local matches; and funding sources for the
local matches are available in the Education portion of
the General Fund budget in the following accounts, was
also before Council.
Adult Basic Education
Matching Funds
(001-060-6001-6450-0588) $ 22,600.00
Governor's School
Matching Funds
Tuition-In State
(001-060-6005-6998-0588) 63,140.00
(001-060-6001-6307-0382) 233,486.00
453
ii
il
ACTIONs
The Director of Finance recommended that Council
concur in the request of the School Board.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31086-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant and General Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 30.)
Mr. White moved the adoption of Ordinance No. 31086-
071392. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 7.
NAYS: None 0.
REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY:
Mr. Kit B. Kiser, Council's Representative to the Roanoke
Valley Resource Authority, having submitted a written
report reserving space on the agenda for a report with
regard to ratification of previous agreements with the
Authority, and Acknowledgement of Intent To Sell Solid
Waste System Revenue Bond Series 1992, in an amount not
to exceed $40,000,000.00, the City Manager orally
requested that the matter be withdrawn from the agenda.
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A
communication from the Honorable Donald S. Caldwell,
Commonwealth's Attorney, with regard to acceptance of a
Victim/Witness/Juror Assistance Program Grant, was before
Council.
It was advised that tile Victim/Witness/Juror Program
is designed to recognize and address the needs of victims
and witnesses in the Roanoke City Criminal Justice System
and to continue the commitment for citizen support; and
the Victim/Witness Assistance Program has been awarded a
12 month $36,706.00 grant, No. 92-A7931, for July, 1992
through June, 1993, which will be matched by a local cash
match of $21,419.00, for a total grant budget of
$58,125.00.
454
ACTION:
The Commonwealth's Attorney recommended that Council
authorize acceptance of and participation in the
Department of Criminal Justice Services, Grant No. 92-
A7931, for the Victim/Witness/Juror Assistance Program,
in the amount of $36,706.00, with the City providing a
local cash match of $21,419.00 from funds appropriated
the Commonwealth's Attorney's fiscal year 1992-93 budget;
that the City Manager be authorized to execute all
appropriate documents; and that $36,706.00 be
appropriated in state grant funds and $21,419.00 be
transferred in local matching funds from General Fund
Account No. 001-026-2210-3165 to the Grant Fund, and
establish a corresponding revenue estimate in accounts to
be established by the Director of Finance.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31087-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 37.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31087-071392. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers .... 7.
NAYS: None-- 0.
Mr. Fitzpatrick offered the following resolution:
(#31088-071392) A RESOLUTION authorizing the
acceptance of Grant No. 92-A7931 made to the City of
Roanoke by the State Department of Criminal Justice
Services for a Victim/Witness/Juror Assistance Program
and authorizing the execution and filing by the City
Manager of the conditions of the grant and other grant
documents.
(For full text of Resolution, see Resolution Book No. 54,
page 39.)
455
ACTION
Mr. Fitzpatrick moved the adoption of Resolution No.
31088-071392. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
NAYS: None-
®
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A
communication from the Honorable Donald S. Caldwell,
Commonwealth's Attorney, advising that the Appropriations
Act approved by the Virginia General Assembly during its
1989 regular session authorized the Department of
Criminal Justice Services to expend grant funds for the
establishment of pre-trial diversion of select Jailable
offenses; that the Commonwealth's Attorney, in
cooperation with the Circuit, General District and
Juvenile & Domestic Relations Courts, established a
program in 1990 under the administration of the Court-
Community Corrections Program; that initially, the
program was funded in total by the Department of Criminal
Justice Services but required a 25 per cent local cash
match effective with the 1992 fiscal year, pursuant to
directive from the General Assembly; that a local
cashmatch will be required again in fiscal year 1992-93
in order to ensure continuation of the program; and goals
of the Pre-Trial Service Program are as follows:
to improve the efficiency and effectiveness of
the General District Court through the pre-
trial diversion and release of select non-
violent offenders as an alternative to
prosecution or conviction;
to reduce the demands placed upon City Courts
and Jail through the release and diversion of
select non-violent offenders charged with
Jallable offenses as an alternative to
prosecution; and
to improve the efficiency and effectiveness of
the Circuit, General District and Juvenile &
Domestic Relations Courts through the release
and diversion of select non-violent, jailable,
offenses as alternatives to conviction.
It was further advised that the Appropriation Act
authorizes the Department of Criminal Justice Services to
continue funding for the Roanoke City Pre-Trial Services
Program, in the amount of $70,681.00, with $53,000.00 in
456
ACTION=
funds provided by the Department of Criminal Justice
Services, and $17,671.00 in local cash match provided by
the City; that a Statement of Grant Award/Acceptance, in
the amount of $70,681.00, has been prepared for
submission to the Department of Criminal Justice Services
by the Commonwealth's Attorney, who will administer the
Program; and approval by Council is necessary in order to
submit the prepared Statement of Grant Award/Acceptance
to the Department of Criminal Justice Services for review
and approval.
The Commonwealth's Attorney recommended that Council
authorize the City Manager to execute and submit the
Statement of Grant Award and Acceptance of Special
Conditions to the Department of Criminal Justice Services
for continuation of the Roanoke City Pre-Trial Services
Program under the aegis of the Roanoke City
Commonwealth's Attorney; that Council appropriate
$53,010.00 of state funds to accounts to be established
in the Grant Fund and transfer local funds of $17,671.00
from the General Fund, Account No. 001-026-2210-3165 to
the Grant Fund; and authorize the Director of Finance to
establish a revenue estimate for the total amount of
$70,681.00.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31089-071392) AN ORDINANCE to amend and reordatn
certain sections of the 1992-93 General and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 39.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31089-071392. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers .........
NAYS: None. 0.
Mr. Fitzpatrick offered the following resolution:
(#31090-071392) A RESOLUTION authorizing execution
of a Statement of Grant Award and Acceptance of Special
457
ACTION:
Conditions in connection with continuation of the Roanoke
City Pre-Trial Services Program.
(For full text of Resolution, see Resolution Book No. 54,
page 41.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31090-071392. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ..... 7.
NAYS: None
e
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
DIRECTOR OF FINANCE-POLICE DEPARTMENT-ANIMALS: The
City Manager submitted a written report with regard to
certain adjustments to the Fee Compendium, advising that
during the fiscal year 1992-93 budget development
process, revenue enhancement received priority
consideration; and the Police Department identified five
existing fees for review.
It was further advised that the Fee Compendium
adopted by Council on November 11, 1991, authorized a fee
schedule based on costs of providing various services;
that due to increased administrative costs and expenses
and reevaluation of tasks to provide some of these
services, the following services administered by the
Police Department are recommended for fee increase, as
follows:
Title Fee Revised Fee
Public Vehicle
Drivers License
$10.00 11/91 $20.00
annually annually
Concealed
Weapons Permit
$155.00 11/91 $250.00
annually annually
$9.00 $25.00
biennial biennial
458
Conservator of
the Peace
$150.00 11/91
annually
$250.00
annually
$9.00
biennial
$25.00
biennial
Verification
Reports
$9.00 11/91
per report
$10.00
per
report
S.P.C.A. Fee $3.00
(Animal Control per pickup
Fee)
3-5 yrs
within
12
months
$10.00
first
pick up
$20.00
second
pick up
$30.00
third
pick up
$2.00 daily
boarding
$5.00 daily
boarding
The City Manager pointed out that the fiscal year
1992-93 General Fund budget is dependent upon $14,340.00
in additional revenues from these increased fees.
The City Manager recommended that Council adopt a
measure amending the Fee Compendium, as above set forth.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31091-071392) A RESOLUTION providing for
adjustment of fees charged by the Police Department for
public vehicle driver's licenses, concealed weapons
permits, conservator of the peace commissions,
verification reports and impoundment and boarding of
animals.
(For full text of Resolution, see Resolution Book No. 54,
page 41.)
459
ii
ACTION:
Mrs. Bowles moved the adoption of Resolution No.
31091-071392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ..... 7.
NAYS: None-
BUDGET-CITY EMPLOYEES-PERSONNEL DEPARTMENT-YOUTH-
JUVENILE DETENTION HOME-REFUSE COLLECTION: The City
Manager submitted a written report with regard to carry-
over of funds previously appropriated in fiscal year
1991-92, advising that in accordance with Section 36 of
the Roanoke City Charter, the unencumbered balance at
fiscal year-end of each appropriation shall become a part
of the year-end fund balance; and funding for certain
programs could not be expended or obligated by June 30,
1992, which programs either received special
appropriations or grant funding during fiscal year !991-
92.
It was further advised that on Monday, May 4, 1992,
Council appropriated $80,059.36, pursuant to Ordinance
No. 30977-050492 to implement the O.S.H.A. Bloodbo~ne
Pathogens Standard; that funding was placed in Personnel
Management, Medical Account No. 001-050-1261-2062, which
provided for implementation of the program during fiscal
years 1991-92 and 1992-93; and as of June 30, 1992,
status of program funding is as follows, with the
remainder of funding, $44,739.00, being needed during
fiscal year 1992-93 to fully implement the program:
Budgeted Amount
Obligated Balance
$80,059.00
35~320.00
Unobligated Balance
$44,739.00
The City Manager further advised that on June 12,
1992, the City received a Recycling Grant from the
Roanoke Valley Solid Waste Management Board, in the
amount of $55,538.42, which funds were deposited into
Revenue Account No. 001-020-1234-0893, Recycling Grant;
that funding is to be used by the Recycling Department
for Phase II of the residential recycling expansion
program and for brush collection; and as of June 30,
1992, the status of program funding was as follows:
460
Current Budgeted Amount
Obligated Balance
$55,538.00
798.00
Unobligated Balance
$54,740.00
Additionally, the City Manager explained that a
Family Oriented Group Home Program has been administered
through the Crisis Intervention Center since April, 1990;
that $20,000.00 was appropriated for operation of the
program in the adopted budget for fiscal year 1991-92;
that on February 18, 1992, an additional $12,872.00 was
appropriated by Council, pursuant to Ordinance No. 30883-
021892 for additional funding provided by the Department
of Youth and Family Services; that the Department of
Youth and Family Services allows localities to carry
forward unspent balances at fiscal year-end; and as of
June 30, 1992, the status of program funding was as
follows:
Current Budgeted Amount
Obligated Balance
$33,063.00
15~355.00
Unobligated Balance
$17,708.00
The City Manager recommended that the Director of
Finance be authorized to appropriate year-end balance
funding as follows:
Bloodborne Pathoqens Standard:
001-050-1261-2062
$44,739.00
Recycling Program:
001-052-4210-1004
001-052-4211-1003
001-052-4211-1105
001-052-4211-1120
001-052-4211-1125
001-052-4211-1126
001-052-4211-1130
001-050-4211-2010
Total
$26,893.00
2,500.00
3,362.00
2,249.00
2,880.00
160.00
196.00
$16,500.00
$54,740.00
461
ACTION=
Family Oriented Group Home Proqram:
001-054-3360-3160
$17,708.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31092-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 43.)
Mr. Harvey moved the adoption of Ordinance No.
31092-071392. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ...... 7.
NAYS: None 0.
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING
CONSORTIUM-YOUTH-WATER DEPARTMENT: The City Manager
submitted a written report, advising that the Fifth
District Employment and Training Consortium submitted and
received acceptance of a proposal for funding of "EPA:
Youth and the Environment" project through the Virginia
State Water Control Board; that the City of Roanoke is
the grant recipient for Consortium funding; and only City
Council can appropriate funds for all grants received by
the Consortium.
It was further advised that the Governor's
Employment and Training Department and the Virginia State
Water Control Board have sent the Consortium a Notice of
Award, in the amount of $5,000.00, for funding of the
"EPA: Youth and the Environment" project.
The City Manager recommended that Council
appropriate the Consortium's net funding from the
Virginia State Water Control Board, in the amount of
$5,000.00, and increase the revenue estimate by $5,000.00
in accounts to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
462
ACTION:
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31093-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 44.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31093-071392. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers-- 7.
NAYS: None 0.
FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM:
The City Manager submitted a written report, advising
that the City of Roanoke has been designated as grant
recipient of funds under the Job Training Partnership
Act; that by agreement of localities in the Fifth
Planning District, the City acts as fiscal depository of
all Fifth District Employment and Training Consortium
funds; and the Fifth Planning District has been
designated as a service delivery area by the Governor of
Virginia.
It was further advised that the Governor's
Employment and Training Department requires that the
Agreement be executed by the Policy Board of the Fifth
District Elnployment and Training Consortium, the Private
Industry Council and the City of Roanoke, as depository
of the funds; that the Agreement, which has not changed
from last year, primarily clarifies the roles,
responsibilities, and liability of the Policy Board, the
Private Industry Council and the City of Roanoke as the
grant recipient; and authority by Council to execute
appropriate documents is necessary.
The City Manager recommended that he be authorized
to execute the agreement for Program Year 1992-93.
(For full text, see report on flle in the City Clerk's
Office.)
463
ACTION~
Mr. Fitzpatrick offered the following resolution:
(#31094-071392) A RESOLUTION authorizing the
execution of an agreement by and between the City, the
Governor's Employment and Training Department, the Fifth
District Employment and Training Consortium, and the
Fifth District Employment and Training Consortium's
Private Industry Council.
(For full text of Resolution, see Resolution Book No. 54,
page 45.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31094-071392. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers .......... 7.
NAYS: None .....
O.
BUDGET-GRANTS-YOUTH-JUVENILE DETENTION HOME: The
City Manager submitted a written report, advising that
222 Roanoke City youth were placed in residential care
facilities in 1988 which is the most recent year for
data; that monthly cost per child in residential care
ranges from $550.00 to $14,000.00; that inappropriate
referral to residential care facilities sometimes occurs
because of insufficient resources locally to address the
needs of the child, insufficient coordination among local
service agencies to provide "holistic" approach, and
inability of the family to handle the problem; and
treatment of a dysfunctional family or younger siblings
is not addressed by singly removing the troubled child
from the family.
It was further advised that the City applied for a
demonstration grant to the State Council on Community
Services for Youth and Families on September 27, 1990;
that in 1991-92, the demonstration progra]n provided
comprehensive and intensive services to 38 of Roanoke
City's highest risk youth, to 77 siblings of the youth
and to 53 adults living with the youth; and in 1992-93,
the program will continue to provide better coordination
of service a~encies in order to provide better screening
and referral of cases, increased local alternatives for
child placement and treatment, long-term home-based
services, intensive interagency case management, and
therapeutic foster homes.
'1
464
ACTION=
The City Manager pointed out that the goal of the
Program is to reduce the number of Roanoke children
referred to residential treatment each year, and to
increase the number of youth returned to the community
from residential care; that the City received a
demonstration grant award totalling $732,313.00 over
three fiscal years; that $67,202.00 was awarded for
fiscal year 1991, $334,439.99 for fiscal year 1992, and
$330,672.00 for fiscal year 1993; that the City is one of
six localities in Virginia to receive such a grant; and
authorization is needed by Council to execute grant
agreements with the State Department of Education which
serves as fiscal agent for the grant program.
The City Manager recommended that he be authorized
to execute an agreement to be approved as to form by the
City Attorney with the State Department of Education;
that $353,238.00 be appropriated to accounts to be
established by the Director of Finance in the grant fund,
with a corresponding revenue estimate; and that
$22,566.00 in local matching funds from the General Fund,
Account No. 001-054-5314-3165, be transferred to a Grant
Fund revenue account.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowles offered the following emergency budget
ordinance:
(#31095-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 45.)
Mr. Bowles moved the adoption of Ordinance No.
31095-071392. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following resolution:
(#31096-071392) A RESOLUTION authorizing execution
of a Grant Agreement with the State Department of
Education on behalf of the City to accept a Demonstration
465
ACTION:
Grant Award from the State Council on Community Services
for Youth and Families and to comply with the terms and
conditions of the grant and applicable laws, regulations,
and requirements pertaining thereto.
(For full text of Resolution, see Resolution Book No. 54,
page 47.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31096-071392. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ........ 7.
NAYS: None 0.
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES BOARD)-
GRANTS: The City Manager submitted a written report,
advising that Council authorized $30,225.00 in funding
for the Adolescent Detoxification Program as a part of
the 1991-92 Community Development Block Grant
application, pursuant to Resolution No. 30508-51391,
adopted on May 13, 1991, and also authorized a grant
agreement, pursuant to Resolution No. 30579-62491,
adopted June 24, 1991; that the Adolescent Detoxification
Program is designed to provide medical detoxification and
residential treatment for 13 low to moderate income
adolescents, ages 12 to 17, who are experiencing problems
with alcohol and other drugs; and this activity is aimed
at reducing the incidence of youthful substance abuse and
addresses recommendations contained in Roanoke At Risk,
a report prepared by the Drug Strategy Task Force.
It was further advised that Community Development
Block Grant funds, in the amount of $30,225.00, will be
used to contract with private medical facilities for
provision of adolescent detoxification and residential
treatment services; that development of admission,
discharge and treatment procedures took longer than was
originally anticipated by Mental Health Services; and
additional time needed in formulating program procedures
resulted in a delay in finalizing contracts for services
with private medical facilities, and therefore, Mental
Health Services has requested a 12 month extension of the
agreement for the Adolescent Detoxification Program, with
no change in funding.
466
ACTION:
The City Manager recommended that he be authorized
to execute Amendment No. 1 to the agreement with Mental
Health Services of the Roanoke Valley for the Adolescent
Detoxification Program.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31097-071392) A RESOLUTION authorizing an
amendment to the agreement between the City and Mental
Health Services of the Roanoke Valley to provide for an
extension of the term of the agreement.
(For full text of Resolution, see Resolution Book No. 54,
page 48.)
Mr. Musser moved the adoption of Resolution No.
31097-071392. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ..... 7.
NAYS: None 0.
SOUTHWEST VIRGINIA COMMUNITY DEVELOPMENT FUND-
GRANTS: The City Manager submitted a written report,
advising that Council authorized the fourth year of
funding for the Western Virginia Revolving Loan Fund as
a part of the Community Development Block Grant
application, pursuant to Resolution No. 30508-051192,
adopted on May 11, 1992; and Council appropriated
Community Development Block Grant funds, pursuant to
Ordinance No. 31067-062292, adopted on June 22, 1992,
including $50,000.00 in funding for the Western Virginia
Revolving Loan Fund.
It was further advised that the Western Virginia
Revolving Loan Fund is a project operated by Southwest
Virginia Community Development Fund to provide low
interest loans to small businesses in the greater
aorthwest Roanoke area and industrial areas of the City
for the creation of Jobs; that local matching funds
necessary for the program are provided by $50,000.00 in
fiscal year 1992-93 Community Development Block Grant
Funds which will leverage a minimum of $550,000.00 in
additional funds from various sources for businesses in
467
ti
ACTION:
Roanoke; and an administrative agreement between the City
and the Southwest Virginia Community Development Fund is
necessary in order for the funds to be disbursed for
business loans.
The City Manager recommended that he be authorized
to execute an agreement with the Southwest Virginia
Community Development Fund for administration and
implementation of the Western Virginia Revolving Loan
Fund.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31098-071392) A RESOLUTION authorizing the
execution of a written agreement with the Southwest
Virginia Community Development Fund for the
implementation and administration of the Western Virginia
Revolving Loan Fund Program, and providing for certain
Community Development Block Grant (CDBG) funds for the
purpose, for the period beginning July 1, 1992, and
ending June 30, 1993.
(For full text of Resolution, see Resolution Book No. 54,
page 48.)
Mr. Harvey moved the adoption of Resolution No.
31098-071392. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
NAYS: None 0.
GRANTS-WEST END CENTER: The City Manager submitted
a written report, advising that Council authorized
funding for the West End Center as a part of the 1992-93
Community Development Block Grant application, pursuant
to Resolution No. 30508, adopted on May 11, 1992; that
Council appropriated Community Development Block Grant
funds, pursuant to Ordinance No. 31067-062292, adopted on
June 22, 1992, including $55,0C0.00 in grant funds for
the West End Center; that the West End Center project
involves acquisition and renovation of a larger building
so that the organization can expand its services to the
youth of the Hurt Park and Mountain View neighborhoods,
which activities are designed to address social,
recreational and educational needs of approximately 150
468
ACTION:
low to moderate income youth; and Community Development
Block Grant funds, in the amount of $55,000.00, will be
used for acquisition of the new facility, which funds
will be provided in the form of a grant.
It was further advised that the West End Center must
raise approximately $60,000.00 in funds to cover the cost
of renovating the building and for the balance of
acquisition costs; and the Board of Directors has secured
a commitment from a local financial institution for the
$60,000.00 balance needed to complete the project.
The City Manager recon~ended that he be authorized
to execute an agreement with the West End Center
providing for a $55,000.00 grant of Community Development
Block Grant funds for acquisition of a new facility.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31099-071392) A RESOLUTION authorizing the City
Manager to execute a grant agreement with West End
Center, Inc., to provide funding for the acquisition of
a building located at 1226 Patterson Avenue, S. W.
(For full text of Resolution, see Resolution Book No. 54,
page 49.)
Mrs. Bowles moved the adoption of Resolution No.
31099-071392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
BUDGET-GRANTS-YOUTH-PLANNING: The City Manager
submitted a written report with regard to continuation of
the Office on Youth Grant, advising that the grant was
first officially awarded to the City under the Virginia
Delinquency Prevention and Youth Act on June 17, 1980;
that a fiscal year 1992-93 youth grant application was
submitted to the Department of Youth and Family Services
on May 15, 1992; that the grant will provide for
continuation of coordinated planning and program
469
implementation of the Office on Youth; and the fiscal
year 1992-93 grant budget totals $36,672.91 state funds,
$11,799.85 local cash match, $3,750.00 in-kind, for a
total overall budget of $52,222.76.
It was further advised that the local cash match of
$10,000.00 was included in the fiscal year 1992-93
Community Planning budget, with any additional funding
necessary to be identified at the time of Council
approval of the grant; that $1,800.00 in additional local
match is needed; that in-kind match of $3,750.00 is
available through the use of office space rental in the
Community Planning Office; that local match, cash/in-kind
must equal a minimum of 25 per cent of the total budget
request; and Council's acceptance of the state grant
award and appropriation of the local cash match is
required before appropriate City officials may execute
the necessary documents to receive state funds.
The City Manager recommended that Council take the
following actions:
accept the Department of Youth Services grant
through execution of the proper form;
appropriate $48,473.00 to accounts to be
established in the Grant Fund by the Director of
Finance for the program, $36,673.00 will be funded
by the Department of Youth and Family Services (in-
kind match does not require an appropriation); and
transfer $11,800.00 from Account No. 001-052-8110-
9536 An the Community Planning budget ($10,000.00)
and Contingency Reserve Account ($1,800.00) to the
Grant Fund as a part of the City's cash match to
operate the program for fiscal year 1992-93 to the
Grant Fund.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31100-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 50.)
470
ACTION:
ACTION:
Mr. Harvey moved the adoption of Ordinance No.
31100-071392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None 0.
Mr. Harvey offered the following resolution:
(#31101-071392) A RESOLUTION authorizing the
acceptance of a Delinquency Prevention and Youth
Development Act Grant made to the City of Roanoke by the
Commonwealth of Virginia Department of Youth and Family
Services, and authorizing the acceptance, execution and
filing of the "Special Conditions for Delinquency
Prevention and Youth Development Act Grant Awards" with
the Department of Youth and Family Services for this
grant.
(For full text of Resolution, see Resolution Book No. 54,
page 51.)
Mr. Harvey moved the adoption of Resolution No.
31101-071392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None 0.
HOUSING-GRANTS: The City Manager submitted a
written report, advising that Virginia Housing
Development Authority (VHDA) makes loans at below-market
interest rates for home purchase, construction or
purchase and repair, to families with income generally in
the $15,000.00 to $40,000.00 range; that the Urban
Preservation and Infill Program, specifically designed
for older neighborhoods, was initiated by the VHDA in the
spring of 1981; that the Virginia Housing Development
Authority periodically has made allocations of these loan
funds for older areas of Roanoke since 1981, but not in
the last few years; and no funds come directly to the
City from the Program which is administered by local
commercial lenders.
It was further advised that homeownership,
rehabilitation and new construction in Roanoke's older
neighborhoods have been enhanced through past Virginia
471
il
ACTION:
Housing Development Authority allocations; that the VHDA
has offered the City an additional allocation of $5
million at its current interest rate of 7 7/8 per cent to
be loaned in IRS-designated "Target Areas"; that the
interest rate may be adjusted periodically to reflect
changes in VHDA's prevailing lending rates, which
allocation is effective through May 27, 1993; and loan
applications are received and processed by private VHDA
approved financial agents who are willing to work with
the program, and the City may choose the lenders to serve
as agents.
The City Manager recommended that he be authorized
to execute an allocation agreement with the Virginia
Housing Development Authority, in the amount of $5
million, and to request the VHDA to allow all approved
local lenders who are willing to work with the program to
originate loans from the allocation.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31102-071392) A RESOLUTION authorizing the
execution of an agreement with the Virginia Housing
Development Authority providing for an allocation of a
total of $5,000,000.00 in mortgage financing for certain
areas of the City, and authorizing certain other actions
relating thereto.
(For full text of Resolution, see Resolution Book No. 54,
page 52.)
Mr. Musser moved the adoption of Resolution No.
31102-071392. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 7.
NAYS: None' 0.
HOUSING-GRANTS: The City Manager submitted a
written report with regard to execution of Real Estate
Options on properties located at 1326 Campbell Avenue,
S. W., and 3031 Melrose Avenue, N. W., under the Home
Purchase Assistance Program, advising that $220,000.00
from the Virginia Department of Housing and Community
Development's Single Family Rehabilitation and Energy
Conservation Loan Program, and $240,000.00 in Community
472
ACTION=
Development Block Grant funds were allocated to the Home
Purchase Assistance Program by Council on June 26, 1989,
thereby allowing the City to provide loans to low-
moderate income households agreeing to buy and repair
approximately 18-20 certain identified substandard
houses; and the Program is administered jointly by the
City and the Roanoke Redevelopment and Housing Authority.
The City Manager recommended that he be authorized
to execute Real Estate Options for the property located
at 1326 Campbell Avenue, S. W., currently owned by
Richard S. Winstead, at an option price of $49,900.00,
with a City assessment of $42,800.00, and property
located at 3031 Melrose Avenue, N. W., currently owned by
Chester J. and Virginia Dillon Tomasheski, at an option
price of $25,500.00, with a City assessment of
$25,500.00, under the Home Purchase Assistance Program.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
(#31103-071392) AN ORDINANCE authorizing certain
real estate options to be entered into in connection with
the Home Purchase Assistance Program; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 53.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31103-071392. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
NAYS: None 0.
STATE HIGHWAYS-TRAFFIC-FLOOD REDUCTION/CONTROL: The
City Manager submitted a written report with regard to
Peters Creek Road Extension from Melrose Avenue, N. W.,
to Brandon Avenue, S. W., advising that Council at its
regular meeting on June 17, 1985, unanimously adopted
Resolution No. 27613, which requested that the Virginia
Department of Transportation (VDOT) program a project to
extend Peters Creek Road from Melrose Avenue, N. W., to
473
il
ii
Grandin Avenue, S. W.; and the project, which is
consistent with the 1995 Roanoke Valley Transportation
Plan, was subsequently included in VDOT's Six-Year
Highway Improvement Program.
It was further advised that the proposed design of
the project consists of four lanes along the 2.3 mile
route; that a median of varying widths, three to sixteen
feet, will be landscaped; that concrete curb and gutter
will be constructed along both sides of the entire route;
that sidewalk will be constructed along the entire length
of the east side of the roadway; that the west side will
have sidewalk north of Salem Turnpike and south of the
new bridge over the Roanoke River; that the intersections
of Peters Creek Road at Salem Turnpike and Shenandoah
Avenue will both be signalized; that the speed limit will
be signed at 40 miles per hour from Melrose Avenue to the
new bridge over the Roanoke River and 35 miles per hour
from the bridge to Brandon Avenue; that the cost estimate
of $22,840,000.00 will be shared by the Virginia
Department of Transportation and the City; and five per
cent City participation in preliminary, engineering and
two per cent City participation in right-of-way and
construction amounts to a total City share of
$503,000.00.
It was noted out that the Design Public Hearing was
held on Wednesday, June 10, 1992, at Fairview Elementary
School, having been preceded by an informal project plan
review session on June 9, 1992; that the public hearing,
after due and proper notice, was held for the purpose of
considering the proposed design of the project, and
included aerial photographs, drawings and other pertinent
information available for public inspection in accordance
with state and federal requirements; that the Roanoke
City Planning Commission received a briefing on the major
design features at its meeting on June 17, 1992; that a
resolution from Council approving the major design
features of the proposed project as presented at the
June 10, 1992, public hearing will enable the
Commonwealth Transportation Board to also act on the
project; that approval by Council and the Transportation
Board would enable the Virginia Department of
Transportation to begin right-of-way acquisition as early
as October 1992; that after the necessary rights-of-way
have been obtained, the project would be ready for
advertisement in July 1994, with construction requiring
approximately three years to complete; that the Brandon
Avenue widening from Edgewood Avenue to the west
474
ACTION:
corporate limits is a separate, but related project; and
a public hearing for the project is expected to occur
later this year with the expectation that its
construction will be complete on or before the completion
of the Peters Creek Road Extension.
The City Manager recommended that Council take the
following actions:
approve the major design features of the
extension of Peters Creek Road from Melrose
Avenue, N. W., to Brandon Avenue, S. W., as
presented at the June 10, 1992 public hearing;
request the Virginia Department of
Transportation to acquire all rights-of-way
necessary for the project conveying said
rights-of-way to Roanoke at the appropriate
time; and
authorize the City Manager to execute, on
behalf of the City, all necessary railroad and
utility agreements required in conjunction
with acquiring such rights-of-way.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
(#31104-071392) AN ORDINANCE approving major design
features of the Peters Creek Road Extension Project from
Melrose Avenue, N. W., to Brandon Avenue, S. W., Project
No. 0117-128-101, PE-102, RW-201, C-501, B-601, B-602, B-
603, B-604, B-605; requesting the Virginia Department of
Transportation to acquire all necessary rights-of-way for
the Project; authorizing the City Manager to execute all
necessary railroad and utility agreements in conjunction
with such Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 54.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31104-071392. The motion was seconded by Mr. Harvey and
adopted by the following vote:
475
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
NAYS: None-- -0.
FIRE DEPARTMENT-CITY ENGINEER-TRAFFIC-STREETS AND
ALLEYS: The City Manager submitted a written report,
advising that a construction contract with Contracting
Enterprises, Inc., for underground traffic signal and
fire alarm work at various locations throughout the City
was authorized by Council, pursuant to Ordinance No.
30921-032392, adopted on March 23, 1992, in the amount of
$65,310.00; that Council on Monday, February 10, 1992,
endorsed several traffic control measures as an
alternative to barricading the Wright Road, Creston
Avenue and Rosewood Avenue corridor; and Ordinance No.
30869-021092 directed the City Manager to implement
certain traffic control measures, one of which is the
signalization of Colonial Avenue and Overland Road, S. W.
It was further advised that traffic signal
construction plans are now complete for the intersection
of Colonial Avenue and Overland Road; that plans include
several work items similar to those included in the
underground traffic signal and fire alarm work contract,
such as concrete foundations for poles, conduit encased
in concrete installed in a trench, and vehicle loop
detector installation; that Change Order No. 1 to the
contract with Contracting Enterprises, Inc., is
reasonable since the scope of work is similar, unit
prices are acceptable, and the schedule for installation
of underground work items can be done more quickly than
if the work is advertised for bids; that the current
contract does not expire until May 6, 1993, and the time
limit will not be extended as a result of the change
order.
The City Manager recommended that he be authorized
to execute Change Order No. 1, in the amount of
$25,412.50, to the contract with Contracting Enterprises,
Inc.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
476
ACTION
(#31105-071392) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 1 to the City's
contract with Contracting Enterprises, Inc., for
additional traffic signal work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 55.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31105-071392. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
NAYS: None 0.
EMERGENCY SERVICES-FLOOD REDUCTION/CONTROL: The
City Manager submitted a written report, advising that on
April 21, 1992, the City received approximately 3.80
inches of rain in a 24-hour period causing the Roanoke
River to exceed flood stage, cresting at 18.1 feet; and
emergency procedures were put into effect immediately
which included activation of City work forces to assist
in necessary emergency activities, activation of the
Emergency Operations Center in the Municipal Building to
coordinate emergency operations and installation of four
emergency hotlines for the public in order to request
flood related assistance and report damages.
It was further advised that declaration of a local
emergency was made on April 22, 1992, at which time City
emergency personnel and operation staff met to obtain
situation reports from emergency personnel, gather
initial flood damage data and initiate documentation
procedures for disaster related City expenditures; and on
April 25, 1992, an initial Damage Assessment Report was
filed, with the estimated total dollar loss and loss not
covered by insurance as follows:
Total Loss
Not Covered
BY Insurance
Private property
Public property
$4,812,000.00
395~000.00
$2,600,000.00
169t250.00
Total
S5,207,000.00
$2,769,250.00
477
iii
ACTION:
It was explained that on Monday, April 27, 1992,
Council confirmed declaration of a local emergency,
pursuant to Resolution No. 30975-042792; that on Tuesday,
May 5, 1992, the Governor declared a state of emergency,
thereby activating appropriate state agencies to asslst
in disaster related activities; that on Tuesday, May 19,
1992, the President issued a major disaster declaration
at the request of the Governor and after reviewing
disaster damage reports, thereby activating federal
disaster assistance programs; that on Thursday, May 21,
1992, a Notice of Intent to apply for federal disaster
assistance for public property was filed by the City;
that damage survey reports have been completed for public
property and claims, in the amount of $137,347.97, which
have been submitted to the Federal Emergency Management
Agency (FEMA) for approval; and an applicant's agent must
be designated prior to funds being received for damages
incurred.
The City Manager recommended that Council authorize
Diane S. Akers, Budget Administrator, to serve as the
designated applicant's agent for the City of Roanoke and
submit the "Designation of Applicant's Agent" FEMA 90-63
form to the Virginia Department of Emergency Services;
that the applicant's agent be authorized to sign and
submit copies of the State/Grantee-Subgrantee Disaster
Assistance Agreement, the Certification Regarding Drug-
Free Workplace Requirements, and Certification for
Contracts, Grants, Loans, and Cooperative Agreements; and
that the applicant's agent be authorized to submit
completed application for federal assistance.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31106-071392) A RESOLUTION designating an agent
to apply for federal financial assistance regarding the
flood of April 1992 and authorizing the submission of any
required assurances and agreements.
(For full text of Resolution, see Resolution Book No. 54,
page 56.)
Mrs. Bowles moved the adoption of Resolution No.
31106-071392. The motion was seconded by Mr. Harvey and
adopted by the following vote:
478
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ---7.
NAYS: None 0.
BUDGET-YOUTH-RECREATION DEPARTMENT: The City
Manager submitted a written report, advising that in
April 1992, representatives from agencies, area religious
congregations, minority leaders and interested citizens
were invited by the Director of Public Safety to
participate in a process to identify resources and needs
for youth in the City during the summer months; and
objectives of the process, known as the "Youth Summit",
were as follows:
identify resources available for City children
and youth during the summer;
identify gaps, prioritize and brainstorm with
regard to unmet needs;
form teams to develop strategies to address
unmet needs this year; and
develop a strategic plan for next year.
It was explained that 27 unmet needs were identified
and prioritized; that four committees were formed to
develop strategies to address the top four unmet needs;
viz: (1) Teen Special Events, (2) Youth Role Model
Program, (3) Internships, Jobs, Volunteer Opportunities,
and (4) Recreational Opportunities in the Parks; that
Youth Summit participants submitted a detailed report on
long-term recommendations to the Director of Public
Safety which cited recommendations for im~ediate action
this summer, as well as recommendations for long-range
planning; and the following recommendations for immediate
action were submitted based on identified needs, input
from youth, and survey findings:
implement weekend dances for teens, ages 16 -
20 years old, throughout the City;
create a resource brochure listing persons who
are willing to serve as mentors, workshop and
small group leaders for youth;
establish a mechanism for youth to advertise
their Jobs;
479
establish a clearinghouse for youth and
business to contact each other with regard to
employment and volunteer opportunities~
establish a centrally located summer youth
employment agency;
establish a playground program for children 7
- 12 years old using four parks for three days
a week, three hours a day, for six weeks; and
establish a permanent planning committee to
monitor implementation of immediate
recommendations and to address long-term
recommendations and unmet needs.
The following long-term recommendations, which are
to be addressed prior to March 1, 1993, were also cited:
expand the park playground program to five
days per week, six hours per day, for twelve
weeks, in at least nine parks during the
summer of 1993;
incorporate the Summer Food Services Program
sponsored by the Fifth District Employment and
Training Consortium into appropriate
playground programs;
establish a structured volunteer program to
provide support for the playground program,
teen dances and the teen center;
establish a teen center under the auspices of
Roanoke City Parks and Recreation;
continue and expand the weekend dances;
establish a program to mandate hiring youth in
planning and operation of teen activities;
continue and expand the youth employment
agency; and
establish a mechanism to fund youth programs.
It was explained that anticipated cost of
implementing immediate recommendations is $37,361.00;
that funding is available in the Recreation Department's
480
ACTION=
budget for non-personnel operating costs, in the amount
of $7,447.00; and funding for additional personnel costs
of $29,914.00 is available in the Contingency Reserve.
The City Manager recommended that Council concur in
immediate recommendations cited by "Youth Summit"
participants to implement weekend dances for teens, to
establish a playground program for children, to recreate
a resource brochure for the youth role model program, to
establish a mechanism for youth to advertise their Job
skills, to establish a clearinghouse for youth and
businesses to contact each other in regard to youth
employment and volunteer opportunities, and to establish
a centrally located summer youth employment agency; that
a permanent planning committee be established to monitor
implementation of immediate recommendations and to
address long term recommendations and unmet needs; and
that funding for personnel costs be transferred from the
Contingency Reserve, Account No. 001-002-9410-2199, to
the following accounts:
Account No. 001-050-7110-1004
$28,081.00
Account No. 001-050-7110-1120
le833.00
Total $29,914.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31107-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 57.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31107-071392. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers .... 7.
NAYS: None 0.
481
ACTION:
BUDGET-FIRE DEPARTMENT-COMMONWEALTH OF VIRGINIA
BUILDING: The City Manager submitted a written report
with regard to bids for roof projects for the
Commonwealth Building and Fire Station No. 6,
recommending that Council take the following actions:
authorize the City Manager to enter into a
contractual agreement with I. N. McNeil
Roofing and Sheet Metal Co., Inc., in
accordance with contract documents as prepared
by the Office of City Engineer, in the amount
of $30,599.00 and 40 consecutive calendar
days;
authorize the Director of Finance to
appropriate the sum of $30,599.00 from fiscal
year 1991-92 year end balance to Building
Maintenance, Account No. 001-052-4330-3056;
and
reject the other bid received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31108-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 58.)
Mrs. Bowles moved the adoption of Ordinance No.
31108-071392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ---7.
NAYS: None O.
Mrs. Bowles offered the following emergency
ordinance:
(#31109-071392) AN ORDINANCE accepting the bid of
I. N. McNeil Roofing and Sheet Metal Co., Inc., for roof
replacement work on the Commonwealth Building and Fire
Station No. 6, upon certain terms and conditions, and
482
awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such
work; rejecting all other bids make to the City for the
work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 59.)
Mrs. Bowles moved the adoption of Ordinance No.
31109-071392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers .... 7.
NAYS: None 0.
DIRECTOR OF FINANCE:
BUDGET-HUMANDEVELOPMENT-NURSING HOME-TRANSPORTATION
FUND-CIVIC CENTER-SEWERS AND STORM DRAINS-WATER
DEPARTMENT: The Deputy Director of Finance submitted a
written report of the Director of Finance advising that
at the close of fiscal year 1992, budget funds were
obligated for outstanding encumbrances; that purchase
orders or contracts were issued for goods and services as
of the close of fiscal year 1992, but delivery of certain
goods, or performance of services have not been
completed; that reappropriation of certain funds will
bring forward unspent budget funds which were originally
appropriated and obligated contractually for goods and
services; and amounts of appropriations are as follows:
General Fund
Open Encumbrances
$3,625,061.00
Water Fund
Open Encumbrances
$, 40,287.00
Sewage Fund
Open Encumbrances
535.,757.00
Civic Center Fund
Opon Encumbrances
29,011.00
Internal Service Fund
Open Encumbrances
128,082.00
483
II
ACTION:
ACTION:
Transportation Fund
Open Encumbrances
19,637.00
Nursing Home Fund
Open Encumbrances
$ 22,140.00
The Director of Finance recommended that Council
reappropriate said funds to the current budget year in
order that certain expenditures may be properly
classified and liquidated.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31110-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 60.)
Mr. Harvey moved the adoption of Ordinance No.
31110-071392. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
Mr. White offered the following emergency budget
ordinance:
(#31111-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 72.)
Mr. White moved the adoption of Ordinance No. 31111-
071392. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
484
ACTION:
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 7.
NAYS: None--
®
Mr. Harvey offered the following emergency budget
ordinance:
(#31112-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 73.)
Mr. Harvey moved the adoption of Ordinance No.
31112-071392. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None-- 0.
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31113-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Civic Center Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 74.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31113-071392. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers .......... 7.
NAYS: None O.
Mr. Fitzpatrick offered the following emergency
budget ordinance:
485
!!
ACTIONt
ACTION:
ACTION=
(#31114-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Internal Service Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 75.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31114-071392. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None ............ 0.
Mr. Musser offered the following emergency budget
ordinance:
(#31115-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Transportation Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 77.)
Mr. Musser moved the adoption of Ordinance No.
31115-071392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ..... 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31116-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Nursing Home Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 78.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31116-071392. The motion was seconded by Mr. McCadden
and adopted by the following vote:
486
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ..... 7.
NAYS: None 0.
CITY ATTORNEY:
DIRECTOR OF REAL ESTATE VALUATION-CITY EMPLOYEES:
The City Attorney submitted a written report with regard
to compensation of the Director of Real Estate Valuation,
advising that an error was made in Ordinance No. 31062-
061592, adopted on June 15, 1992, establishing the annual
salaries of Council-appointed officers; and the ordinance
established an annual salary of $53,000.00 for the
Director of Real Estate Valuation, however, Resolution
No. 30879-021092, adopted on February 10, 1992,
established an annual salary of $56,000.00.
It was further advised that the Chairman of the
Personnel Committee confirmed that it was the intent of
the Personnel Committee that the Director of Real Estate
Valuation's annual salary should remain at $56,000.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency
ordinance:
(#31117-071392) AN ORDINANCE amending Ordinance No.
31062-061592 with respect to the annual salary of the
Director of Real Estate Valuation; and providing for an
emergency and a retroactive effective date.
(For full text of Ordinance, see Ordinance Book No. 54,
page 79.)
Mr. Musser moved the adoption of Ordinance No.
31117-071392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None 0.
REPORTS OF COMMITTEES:
BUDGET-CITY JAIL: Council Member William White,
Sr., Chairman of a committee appointed by the Mayor to
tabulate bids received for construction of the Roanoke
487
ACTION~
City Jail Inftll, Second Floor, presented a written
report on behalf of the Committee, recommending that
Council take the following actions:
authorize the City Manager to enter into a
contractual agreement with Q. M. Tomlinson,
Inc., in accordance with contract documents as
prepared by Hayes, Seay, Mattern & Mattern,
Inc., Architects, Engineers, Planners, in the
amount of $405,317.00, and 200 consecutive
calendar days;
authorize the Director of Finance to transfer
the following funds to the City Jail - 2nd
Floor Pod, Account No. 008-052-9681-9003, to
complete project funding:
Campbell Avenue Historic
Properties
008-052-9620-9003 $31,134.00
Capital Improvement
Reserve
008-052-9575-9173
13~283.00
Total $44,417.00
reject all other bids received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31118-071392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 80.)
Mr. White moved the adoption of Ordinance No. 31118-
071392. The motion was seconded by Mr. McCadden and
adopted by the following vote:
488
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ---7.
NAYS: None 0.
Mr. White offered the following emergency ordinance:
(#31119-071392) AN ORDINANCE accepting the bid of
Q. M. Tomlinson, Incorporated, for construction of the
Roanoke City Jail Infill on the Second Floor, upon
certain terms and conditions, and awarding a contract
therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 81.)
Mr. White moved the adoption of Ordinance No. 31119-
071392. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers-- 7.
NAYS: None -0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS:
POLICE DEPARTMENT-COUNCIL-ELECTIONS: Mr. Ren T.
Heard, 1306 Salem Avenue, S. W., expressed appreciation
for the City's assistance through efforts of the C.O.P.E.
Team (Community Oriented Policing Efforts).
Mr. Heard referred to the 31 persons who attended
meetings of the Task Force Appointed To Study Alternative
Election Procedures For City Council, advising that if
such a small number of people decide on an issue as
important as the election process, Council should give
consideration as to how it can reach out to every citizen
in the City of Roanoke. He stated that one of the most
489
ACTION:
successful ways to motivate people in order to get them
involved in the process is to hold Council meetings in
the various neighborhoods, advising that there are
citizens who never come to the Municipal Building unless
they need to pay their taxes and, by conducting meetings
in the neighborhoods, Council will reach out to the
citizens. He encouraged Council Members to attend
neighborhood association meetings as another means of
communicating with the citizens.
At 9:45 p.m., the Mayor declared the meeting in
recess.
At 10:45 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
NAYS: None 0.
COUNCIL: Mr. Musser moved that the Council meeting
be extended beyond the 11:00 p.m., automatic adjournment
hour. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers- 7.
NAYS: None' 0.
At 10:47 p.m., the Mayor declared the meeting in
recess.
At 11:15 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
490
ACTION=
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None 0.
CITIZENS' SERVICES COMMITTEE: The Mayor advised
that the one-year term of Harold P. Kyle as a member of
the Citizens' Services Committee expired on June 30,
1992, and called for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of
Harold P. Kyle.
There being no further nominations, Mr. Kyle was
reelected as a member of the Citizens' Services
Committee, for a term of one year, ending June 30, 1993,
by the following vote:
FOR MR. KYLE: Council Members Bowles, Fitzpatrick,
Harvey, McCadden, Musser, White and Mayor Bowers ...... 7.
COUNCIL: The Mayor called attention to his
correspondence dated July 13, 1992, as amended, setting
forth various committee assignments for Council Members,
advising that during the Executive Session, Mr. White was
selected as Chairman of the Audit Committee, Mrs. Bowles
was selected as Chairman of the Water Resources
Committee, and Vice-Mayor Fitzpatrick was selected as
Chairman of the Personnel Committee.
The Mayor requested that Council Members assume the
following committee assignments:
Council Member Elizabeth T. Bowles:
Budget and Planning Committee
Greater Roanoke Transit Company, Board of Directors
Personnel Committee
Art Committee - Roanoke City Courthouse
491
Council Representative to the Mill Mountain Development
Committee
Council Representative to the TAP, Board of Directors
Council Representative to the War Memorial Committee
Council Representative to the Mayor's Committee for the
Disabled
Fifth Planning District Commission
Roanoke Arts Commission
Water Resources Committee
Vice-Mayor Beverly T. Fitzpatrickt Jr.:
Budget and Planning Committee
Greater Roanoke Transit Company, Board of Directors
Personnel Committee
Audit Committee
Economic Development Commission, Chairperson
Legislative Committee, Co-Chairperson
Water Resources Committee
Council Member James G. Harvey, II:
Budget and Planning Committee
Greater Roanoke Transit Company, Board of Directors
Personnel Committee
Council Representative to the Hotel Roanoke Commission
Council Member Delvts O. McCadden:
Budget and Planning Committee
Greater Roanoke Transit Company, Board of Directors
Personnel Committee
Audit Committee
Council Representative to the City of Roanoke
Transportation Safety Commission, Board of Directors
Council Liaison Representative to the Roanoke Civic
Center Commission
Fifth Planning District Commission
Council Member Howard E. Musser:
Budget and Planning Committee
Greater Roanoke Transit Company, Board of Directors
Personnel Committee
Council Liaison Representative to the Mill Mountain Zoo,
Inc.
Council Representative to the War Memorial Committee
Regional Cable Television Committee
492
Council Member William White., Sr.:
Budget and Planning Committee
Greater Roanoke Transit Company, Board of Directors
Personnel Committee
Audit Committee
Bid Committee, Chairperson
Council Liaison Representative to the Roanoke
Redevelopment and Housing Authority
Council Representative to the Virginia Museum of
Transportation, Board of Directors
Economic Development Commission
Legislative Committee, Co-Chairperson
Water Resources Committee
There being no further business, the Mayor declared the
meeting adjourned at 11:20 p.m.
APPROVED
City Clerk
Mayor
493
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
July 27, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, July 27,
1992, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESE~P: Council Members Beverly T. Fitzpatrick, Jr.,
James G. Harvey, II, Delvis O. McCadden, Howard E. Musser, William
White, Sr., Elizabeth T. Bowles and Mayor David A. Bowers ....... 7.
ABSENT: None
OFFICERS PRESENT: W. Robert Herbert, City Manager; William X
Parsons, Assistant City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Michael
Nevling, Pastor, Colonial Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT-ZONING (BOARD OF ZONING APPEALS):
The Mayor advised that recently, all members of the City's
Board of Zoning Appeals and associated staff completed the
Virginia Certified Board of Zoning Appeals Program and
received a certificate of study issued by the Virginia
Department of Housing and Community Development through the
Virginia Cooperative Extension Service and the Virginia
Citizens Planning Association, which program consisted of a
two day classroom session in Richmond, ten units of home study
lessons and attendance at a workshop in Charlottesville. He
explained that the City of Roanoke's Board of Zoning Appeals
was the first group to attend the program as a total Board
from the Commonwealth of Virginia, and this is an
accomplishment that should be recognized. Th~ Mayor presented
certificates to L. Elwood Norris, Chairman, T. E. Roberts,
Vice-Chairman, Richard A. Rife, Walter L. Wheaton, and
Robert R. Copty, as well as Ronald H. Miller, Building
Commissioner and Zoning Administrator, Evelyn D. Dorsey,
494
Actlng Assistant Zoning Administrator and Patti Hanes,
Secretary. He also presented City of Roanoke logo lapel pins
to each member of the Board as a token of the City's
appreciation.
Mr. Michael Chandler, representing the Virginia
Cooperative Extension Service, congratulated the Roanoke City
Board of Zoning Appeals, advising that 22 hours of classroom
instruction, reading five textbooks, completion of ten tests
based the textbooks, as well as completion of a field
assignment within a ten week period, is a great deal of work
and a tremendous accomplishment. He stated that the
challenges facing local government~ are complex and tenacity,
hard work and knowledge will be the key ingredients that
Virginia localities must use to respond to the challenges of
the present as well as the future. He explained that the
Virginia Certified Board of Zoning Appeals Program has, as its
primary goal, the empowerment of members of Boards of Zoning
Appeals with the required knowledge and technical expertise to
successfully discharge their duties and responsibilities.
ACTS OF ACKNOWLEDGEMENT-PARKSAND PLAYGROUNDS-RECREATION
DEPARTMENT: Mr. Kenneth C. King, Chairman, Virginia Amateur
Sports, Inc., advised that the 1992 Commonwealth Games was a
tremendous success, with a record 6,455 athletes, a record 705
swimmers encompassing the largest sanctioned swimming event
ever held in the Commonwealth of Virginia and a record 14,910
persons participating as athletes, coaches, parents,
volunteers, etc. He stated that $77,000.00 was generated in
sales tax for the City of Roanoke, as well as $2,000.00 in
transient room taxes. He expressed appreciation to all City
staff for their assistance and expertise, and presented the
Mayor with a plaque containing the following inscription,
"Presented in recognition and appreciation to the City of
Roanoke, Gold Medal Sponsor of the 1992 Commonwealth Games of
Virginia".
BID OPENINGS
SEWERS AND STORM DRAINS: Pursuant to notice of
advertisement for bids for Neighborhood Storm Drainage
Projects, Phase II, Courtney Avenue, N. E., and Hildebrand
Road, N. W., said bids to be received by the City Clerk until
1:30 p.m., on Monday, July 27, 1992, and to be held, opened
and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids, and
495
ACTION:
ACTION:
ACTION:
no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following
bids:
BIDDER
BASE BID TOTAL
John A. Hall and Co., Inc.
S. R. Draper Paving Co.
H. & S. Construction Co.
Adams Construction Co., Inc.
$32,971.94
41,063.72
44,418.00
50,153.25
Mr. Fitzpatrick moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation, report
and recommendation to Council. The motion was seconded by Mrs.
Bowles and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and Kit B. Kiser as members of
the committee.
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 tn the form, or
forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda
and considered separately. He called specific attention to
two requests for Executive Sessions to discuss vacancies on
various authorities, boards, commissions and committees
appointed by Council; and a matter with regard to acquisition
of property for industrial purposes.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request of
the Mayor to convene in Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards,
496
ACTION:
ACTION=
commissions and committees appointed by Council, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers .... 7.
NAYS: None 0.
COUNCIL: A report of the City Manager requesting that
Council meet in Executive Session to discuss a matter with
regard to acquisition of property for industrial purposes,
pursuant to Section 2.1-344(A)(3), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request of
the City Manager to convene in Executive Session to discuss a
matter with regard to acquisition of property for industrial
purposes, pursuant to Section 2.1-344 (A)(3), Code of
Virginia, (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers .............. 7.
NAYS: None 0.
ANNUAL REPORTS-MUNICIPAL AUDITOR: A communication from
Robert N. Bird, Municipal Auditor, transmitting the Annual
Report of the Municipal Auditor for the year ended June 30,
1992, was before Council.
(For full text, see Annual Report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the Annual Report be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers 7.
NAYS: None. 0.
497
ACTION:
ACTION:
ACTION:
HUMAN DEVELOPMENT: A memorandum from James D. Rttchie,
Director of Human Development, advising of receipt of a
communication from Elizabeth H. Fetter submitting her
resignation as a member of the Advisory Board of Human
Development, effective August 6, 1992, was before Council.
(For full text, see memorandum on file in the City Clerk's
Office.
Mrs. Bowles moved that the memorandum be received and
filed, and that the resignation be accepted with regret. The
motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers 7.
NAYS: None. 0.
PERSONNEL DEPARTMENT: A report of qualification of
Lewis W. Peery as a member of the Personnel and Employment
Practices Commission, for a term ending June 30, 1995, was
before Council.
(See Oath or Affirmation of Office on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers 7.
NAYS: None 0.
ROANOKE ARTS COMMISSION: A report of qualification of
Mimi Hodgin as a member of the Roanoke Arts Commission, for a
term ending June 30, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
498
ACTION:
ACTION:
ACTION=
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers ........ 7.
NAYS: None ............ 0.
FIRE DEPARTMENT (BOARD OF FIRE APPEALS): A report of
qualification of Ross C. Hart as a member of the Board of Fire
Appeals, for a term ending June 30, 1996, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers .............. 7.
NAYS: None --- 0.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of
qualification of Mary L. Lear as a member of the Roanoke
Neighborhood Partnership, to fill the unexpired term of Gary
Waldo, resigned, for a term ending November 9, 1994, was
before Council.
(See Oath or Affirmation of Office on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers ...... 7.
NAYS: None 0.
PENSIONS: A report of qualification of Bernice F. Jones
as a member of the City of Roanoke Pension Plan, Board of
Trustees, for a term ending June 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
499
ACTION=
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers ................. 7.
NAYS: None 0.
VIRGINIA TECH/HOTEL ROANOKE CONFERENCE CENTER: A report
of qualification of W. Robert Herbert as a member of the Hotel
Roanoke Conference Center Commission, for a term ending
April 12, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers ..... 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS (JEFFERSON CENTER): Mr. Beverly T. Fitzpatrick,
Sr., President, Jefferson Center Foundation, appeared before
Council and introduced Ms. Jane D. Stephenson, Manager of the
Jefferson Center Foundation, who presented t-shirts to the
Members of Council and the Cit~ Manager in commemoration of
the Jefferson High School Renovation Project.
Judge Fitzpatrick advised that Homer and Associates is
the architect for the project; that since April 1992, work has
been in progress to remove the asbestos from the building, in
the amount of approximately $80,000 to $90,000.00, which
should be completed in the near future. He stated that the
general contractor will be Thor, Inc., for a contract amount
of $3,731,000.00, advising that the contractor was asked to
reduce their bid and, along with Homer and Associates, as
well as a representative of Fralin & Waldron, the bid was
reduced to $3,350,000.00 for Phase I of the project.
As a part of Phase I, Judge Fitzpatrick explained that
the entire exterior of the building will be restored to its
original appearance, brick and cast stone facades will be
cleaned and treated with a water-repellent coating, all
windows will be replaced with new aluminum double-glazed
windows of identical design, the entire roof will be replaced,
and a new circular entrance drive will be added to the Luck
5O0
Avenue sid~ of the building to provide handicapped access, as
well as a covered drop off area. He stated that parking for
tenants will be provided directly across Luck Avenue and the
entire site will be lushly landscaped with shrubs, ornamentals
and deciduous hardwood trees. He explained that a small
addition reflecting the architectural design of the building
will be placed on the rear facade to provide the new entrance
to the Jefferson Center; that from the entrance vestibule, one
may ascend a grand staircase to the second floor lobby or may
access the new elevator; that first floor tenants include the
administrative offices of the Roanoke City Fire Department and
Water Department, the Roanoke Police Academy, a 52 seat tiered
training room, a TAP Headstart Childcare Center, offices for
th~ Jefferson Center Foundation and a room for display of
Jefferson High School memorabilia.
Judge Fitzpatrick pointed out that the second floor will
include offices and rehearsal space for the Roanoke Symphony,
as well as the Roanoke Opera; that a Letter of Intent has been
received from the Roanoke Ballet Theater to occupy space on
the second floor, and preparations are underway for future
restoration of the Auditorium in Phase II. He noted that a
skylighted two-story lobby is being added to accommodate
future theater patrons which will be of a classical design in
keeping with that of the Auditorium and features a coffered
ceiling, faux alabaster chandeliers and oak woodwork; and the
original lobby and vestibule with the terrazzo floors and
marble wainscot are being restored to the original grandeur.
He explained that the third floor includes the upper level of
the new lobby and will provide access to the Auditorium
balcony and to private boxes to be added as a part of Phase
II; that this floor will be set aside for social service
agencies, with the Court Community Corrections Program and
Habitat for Humanity being initial tenants, along with Mental
Health Association of the Roanoke Valley and the Virginia
Cooperative Extension Service of Roanoke City. He advised
that the building will receive new mechanical, plumbing,
electric and communications systems, and will be fully
sprinklered; that new toilets are being added on each floor
and the building will be completely handicapped accessible;
and while only 40 per cent of the building will be fully
utilized in Phase I, the remainder will be partially renovated
so that spaces can be quickly finished for additional tenants
as they are identified.
Judge Fitzpatrick advised that the City, as a result of
the bond issue passed in 1989, is contributing $3.5 million to
the project; that the Jefferson Center Foundation is raising
$2 million privately and, as of this date, the Jefferson
Center Foundation has raised $1,655,000.00 of its $2 million
goal; and with the Roanoke Symphony, Roanoke Opera, and
ACTIONI
501
Roanoke Ballet making their home in the Jefferson Center, it
is mandatory that the Auditorium bo renovated as quickly as
possible, therefore, the Jefferson Center Foundation is
anxious to raise the remaining $345,000.00 of its goal so that
work may commence on the Auditorium.
Mr. Fitzpatrick moved that the briefing be received and
filed. The motion was seconded by Mr. Harvey and adopted.
PETITIONS AND COMMUNICATIONS=
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting that Council appropriate funds to the
following school accounts, was before the body.
Grant No. 6505 - $813,400.00 for the 1992-93 Flow
Through program to provide aid for
education and guidance of
handicapped students. The program
is 100 per cent reimbursed by state
and federal funds.
Grant No. 6991 -
$1,121,540.00 for the Magnet Schools
program for 1992-93 to provide for
operation of the Magnet School
programs at Addison Aerospace Middle
School, Fairview World of Plants and
Animals, and Forest Park--The New
American School. The program is 100
per cent reimbursed by federal
funds.
Grant No. 6992 -
$29,557.00 for the 1992-93 Student
Assistance Program to provide for
expansion and improvement of direct
student assistance services,
primarily to prevent and reduce
alcohol and drug abuse among
secondary students. The program is
100 per cent reimbursed by federal
funds.
A report of the Director of Finance advising that he has
reviewed the above request for appropriations which are funded
with federal and stated funds; and recommending that Council
concur in the request, was also before the body.
(For full text, see communication and regort on file in the
City Clerk's Office.)
502
ACTION=
Mr. Fitzpatrick offered the following emergency budget
ordinance:
(#31120-072792) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54, page
84.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31120-072792. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers ...... 7.
NAYS: None -0.
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of $2.0 million,
representing a recently approved State Literary Fund loan for
improvements and an addition to Virginia Heights Elementary
School, advising that construction cost for the project, based
on the low bid, will be $2.35 million; and the construction
cost will be funded from the $2.0 million loan and $350,000.00
in capital bond issue proceeds, was before Council.
It was further advised that construction cost exceeds the
architect's estimate by approximately $350,000.00; that the
additional cost includes addition of a multi-purpose room, a
$100,000.00 contingency for rock excavation, and a $100,000.00
contingency for construction changes; that the School Board
approved the multi-purpose room addition in order to improve
physical education activities at the school, particularly on
inclement weather days; that the decision to construct a
multi-purpose room at Virginia Heights Elementary School will
require that multi-purpose rooms also be added to remaining
projects at Morningside and Wasena Elementary Schools; that
total estimated capital cost for these projects will increase
by $200,000.00 to $700,000.00 depending on actual bids for the
projects, which will mean that the total estimated cost of
renovating all seven schools will range from $15.4 million to
$15.9 million, or an increase from the 1991 estimate of $15.2
million; that additional funds required to complete the
projects will be provided by increasing the 1993 Literary Loan
request for Morningside Elementary School from $1.5 million to
$1.7 - $2.2 million; and the additional funds required will
add not more than $63,000.00, or about five per cent, to the
debt service expenditures of the schools commencing in 1995.
503
I
ACTION:
The School Board requested Council's approval of the
Literary Fund loan appropriation request and the need for
additional funding which will insure timely completion of the
projects, advising that the renovated buildings with multi-
purpose rooms will be a long term asset to the development and
strength of the City's neighborhoods.
A report of the Director of Finance recommending that
Council concur in the request of the School Board, was also
before the body.
(For full text, see communication and report on file in the
City Clerk's Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31121-072792) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54, page
88.)
Mrs. Bowles moved the adoption of Ordinance No. 31121-
072792. The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers- - ...... 7.
NAYS: None 0.
REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY: A
communication from Joel M. Schlanger, Kit B. Kiser and W.
Robert Herbert, Roanoke City's representatives to the Roanoke
Valley Resource Authority, with regard to ratification of
previous agreements with the Authority and Acknowledgement of
Intent to Sell Solid Waste System Revenue Bond Series 1992, in
an amount not to exceed $40 million, was before Council.
It was advised that the new Smith Gap Landfill and
Transfer Station needs to be fully operational by late fall or
early winter of 1993; that permits are being secured from
regulatory agencies and preliminary construction work has
begun using temporary loans and grants from the Roanoke Valley
Regional Solid Waste Management Board; that additional funding
is needed to complete the work, to pay off temporary
outstanding loans, and to set up necessary reserves; that the
Roanoke Valley Resource Authority proposes to sell
$33,665,000.00 in bonds (actual amount may be higher but will
504
not exceed $40 million) to accommodate discount financing if
it is deemed to be in the best interest of the Authority; and
charter member Jurisdictions have been requested to ratify
previous agreements and acknowledge the ensuing debt service
requirements.
It was further advised that bond interest and principal
payments need to be budgeted in future Authority annual
budgets approved by charter member Jurisdictions; and the
Authority retained financial advisers, bond counsel and
underwriters when it was initially organized as Roanoke County
Resource Authority.
It was explained that differences of opinion have arisen
in recent weeks regarding the best method of selling the
bonds; that concerns have been expressed over the fact that
the Authority's financial consultants are also financial
consultants for Roanoke County; that opinions vary as to
whether different approaches would save the Authority
approximately $800,000.00 or cost the Authority approximately
$350,000.00 over the projected two year life of the bonds; and
timing remains a critical issue inasmuch as all charter
members must agree to the selected course of action.
It was noted that as time passes, the current favorable
bond market may get more costly and timing for construction
becomes shorter; that a letter has been received from the
Authority requesting the City to approve an ordinance
ratifying the previous agreements and acknowledging the sale
of the bonds; that the process of reviewing the Authority's
recommended financing plan has already resulted in a potential
savings of up to $100,000.00; and adoption of an ordinance is
necessary, or there needs to be continued negotiations between
Roanoke City, Roanoke County, the Town of Vlnton and the
Roanoke Valley Resource Authority.
The City's representatives to the Resource Authority
recommended that Council let it be known that for all future
financial consulting work, the Authority will use financial
consultants independent of the City, County, and Town, or the
Roanoke City Council will not approve future courses of action
based on work of that particular consultant; and that Council
adopt the appropriate measure.
(For full text, see report on file in the City Clerk's
Office.)
505
ACTION:
Mr. McCadden offered the following emergency ordinance:
(#31122) AN ORDINANCE affirming and ratifying certain
agreements with the Roanoke Valley Resource Authority and
acknowledging the issuance of the Authority's Solid Waste
System Revenue Bonds, Series 1992, in connection with the
agreements, and providing for an emergency.
Mr. McCadden moved the adoption of Ordinance No. 31122.
The motion was seconded by Mr. Fitzpatrick.
Mr. Joel M. Schlanger read a prepared statement advising
that his position is to wear two hats -- Director of Finance
for the City of Roanoke and a City representative to the
Roanoke Valley Resource Authority -- however, his employer is
the City of Roanoke, and he will strive to do what is in the
best interest of the City.
Mr. Schlanger further advised that in his evaluation of
the proposal to approve or disapprove the mode of financing,
one key element continued to surface which was the fact that
if Bonds were sold by the Resource Authority under the Alex
Brown & Sons proposal, the City of Roanoke had to pledge its
moral obligation to repay the Bonds should a default occur;
that in speaking with the Executive Director of the Virginia
Resource Authority, the Executive Director felt that his
Authority would issue the Bonds without the "moral obligation"
commitment of the City or the County and that he would get a
better rate; and in bringing this information to the attention
of Roanoke County representatives, their position was that the
Executive Director of the Virginia Resource Authority was
wrong.
Mr. Schlanger explained that he then
alternatives available to the City which
following:
pursued other
include the
Recommend that Council not approve the
Roanoke Valley Resource Authority
financing plan unless the moral
obligation requirement is dropped.
Apply to the Virginia Resource Authority
for the City of Roanoke's share of the
capital cost of the facility.
Issue general obligation bonds to finance
the City's share of the project.
506
ACTION:
Mr. Schlanger stated that he is of the strong
professional opinion that if the Virginia Resource Authority
route to finance the project had been chosen, money could have
been saved for the taxpayers; that the City of Roanoke would
not have hired a financial underwriter until it had the issue
fairly well developed; that the Roanoke County Resource
Authority felt it was necessary to hire Alex Brown & Sons in
December 1989 instead of waiting for the City to become a
member of the Authority, therefore, the legal advisor, the
financial advisor and the underwriter, in his opinion,
represent the best interest of Roanoke County, not the
Resource Authority; and if the City could have had input at
the time, he strongly believes that City representatives would
have suggested the same procedure that was used in financing
the Regional Airport which was to hire a neutral financial
advisor/underwriter that had no previous dealings with the
City or the County.
Mr. Schlanger advised that it would not be in the best
regional interest of all parties involved to delay the
process, thus, he recommended that Council approve the
recommendation of the City's representatives to the Roanoke
Valley Resource Authority -- under protest -- and that Council
strongly suggest to the Resource Authority that should there
be future bond issues, hiring of consultants, etc., that they
be totally independent of both the City and the County.
(For full text, see statement on file in the City Clerk's
Office.)
Ordinance No. 31122, as an emergency measure, was lost by
the following vote:
AYES: Council Members Fitzpatrick, White, Bowles and
Mayor Bowers 4.
NAYS: Council Members Harvey, McCadden and Musser ..... 3.
Mrs. Bowles moved that the emergency clause be deleted
from Ordinance No. 31122. The motion was seconded by Mr.
McCadden and adopted.
Mrs. Bowles moved that the following ordinance, as
amended, be placed upon its f~.rst reading:
507
ACTION=
(#31122) AN ORDINANCE affirming and ratifying certain
agreements with the Roanoke Valley Resource Authority and
acknowledging the issuance of the Authority's Solid Waste
System Revenue Bonds, Series 1992, in connection with the
agreements.
(For full text of Ordinance, see Ordinance Book No. 54, page
104.)
The motion was seconded by Mr. McCadden and adopted by
the following vote:
AYES: Council Members Fitzpatrick, White, Bowles and
Mayor Bowers 4.
NAYS: Council Members Harvey, McCadden and Musser .... 3.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-VIRGINIA TECH/HOTEL ROANOKE CONFERENCE CENTER:
The City Manager submitted a written report advising that
pursuant to Resolution No. 30963-041392, adopted on April 13,
1992, Council declared a need for a Hotel Roanoke Conference
Center Commission and that the City of Roanoke and Virginia
Polytechnic Institute and State University should unite in its
formation; that the Virginia Tech Board of Visitors declared,
pursuant to a resolution adopted on November 18, 1991, that
there was a need for a Conference Center Commission and the
City and Virginia Tech should unite in the formation of a
Commission; and pursuant to Resolution No. 30964-041392,
adopted on April 13, 1992, James G. Harvey, II, W. Robert
Herbert and Joel M. Schlanger were appointed as the City's
representatives to the Hotel Roanoke Conference Center
Commission.
It was further advised that the Hotel Roanoke Conference
Center Commission requires an interim operating budget; and
funding is needed from the City and other third parties to
cover costs of operating the Commission and moving the Hotel
Roanoke project forward.
The City Manager recommended that Council authorize the
Director of Finance to establish a new Enterprise Fund
entitled Hotel Roanoke Conference Center Commission; that
$50,000.00 be transferred from the Capital Fund, Hotel
5O8
ACTION=
Conference Center, Account No. 008-002-9653-9003, for expenses
for the Hotel Roanoke Conference Center Commission, and
establish a third party accounts receivable for $50,000.00 to
also be used for operating expenses of the Commission which
will establish an initial operating budget of $100,000.00 that
Council may modify as the Hotel Roanoke Conference Center
Project progresses.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31123-072792) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Hotel Roanoke Conference
Center Commission Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54, page
89.)
Mrs. Bowles moved the adoption of Ordinance No. 31123-
072792. The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers ..... 7.
NAYS: None 0.
ROANOKE VALLEY CONVENTION AND VISITORS BUREAU-VIRGINIA
TECH/HOTEL ROANOKE CONFERENCE CENTER: The City Manager
submitted a written report advising that Council has expressed
a desire to increase the City's donation to the Roanoke Valley
Convention and Visitors Bureau by $300,000.00, for a total
appropriation of $510,000.00, for the express purpose of
increasing tourism in the Roanoke Valley; that Council has
requested assistance from the Visitor's Bureau in marketing
the proposed new Hotel Roanoke Conference Center and desires
assurance that funds will be used for this purpose; that the
City Administration has negotiated an agreement to assure that
donated funds will be used for the abovestated purposes; and
the Visitors Bureau has submitted a budget for approval by the
City a manager budget setting forth anticipated expenditure of
City funds.
The City Manager recommended that Council authorize the
donation of $510,000.00 to the Roanoke Valley Convention and
Visitors Bureau and that he be authorized to execute an
agreement for a term of one year, with the Roanoke Valley
509
ACTION
Convention and Visitors Bureau for the express purpose of
increasing tourism in the Roanoke Valley and assisting in the
marketing of the proposed new Hotel Roanoke Conference Center.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31124-072792) A RESOLUTION authorizing an agreement
with the Roanoke Valley Convention and Visitors Bureau for the
purpose of increasing tourism in the Roanoke Valley and
marketing the proposed Hotel Roanoke Conference Center.
(For full text of Resolution, see Resolution Book No. 54, page
9O.)
Mr. Harvey moved the adoption of Resolution No. 31124-
072792. The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers ...... 7.
NAYS: None ....... 0.
GRANTS-CLEANVALLEY COUNCIL: The City Manager submitted
a written report advising that the Clean Valley Council, Inc.,
was originated by the governments in the Roanoke Valley to
coordinate a valley-wide litter control program; that the
Department of Waste Management, Division of Litter Control and
Recycling, Commonwealth of Virginia, has previously required
a resolution annually from each locality designating the Clean
Valley Council, Inc., as recipient of the funds; and state
grants were received by each locality and then transferred to
the Clean Valley Council.
It was further advised that the Clean Valley Council,
Inc., has submitted a cooperative grant application for the
five localities in the Roanoke Valley; that the Department of
Waste Management will now accept a grant application and
contract signed by the chief administrative officer of each
locality participating in the program; and total grant
available to Roanoke City for 1992-93 is $5,105.00.
The City Manager recommended that he be authorized to
execute an application and contract designating the Clean
Valley Council, Inc., as recipient of the Division of Litter
510
ACTION=
Control and Recycling Grant for the City of Roanoke, and
agreeing to the terms and conditions of the grant.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31125-072792) A RESOLUTION authorizing and designating
the Clean Valley Council, Inc., to plan, budget for and
operate a cooperative litter control program on behalf of the
City of Roanoke, City of Salem, Roanoke County, Botetourt
County and the Town of Vtnton; and authorizing the City
Manager to execute certain documents in connection with state
grants made to such program.
(For full text of Resolution, see Resolution Book No. 54, page
91.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31125-072792. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers -7.
NAYS: None 0.
HOUSING-GRANTS: The City Manager submitted a written
report advising that $220,000.00 from the Virginia Department
of Housing and Community Development's Single Family
Rehabilitation and Energy Conservation Loan Program, and
$240,000.00 in Community Development Block Grant funds were
allocated to the Home Purchase Assistance Program by Council
on Monday, June 26, 1989, thereby allowing the City to provide
loans to low-moderate income households agreeing to buy and
repair approximately 18 - 20 certain identified substandard
houses; that the Program is administered Jointly by the City
and the Roanoke Redevelopment and Housing Authority.
The City Manager recommended that he be authorized to
execute Real Estate Options, in forms approved by the City
Attorney, with Salem Bank and Trust for real estate located at
614 Sixth Street, S. W., at an option price of $25,000.00
(City Assessment - $24,900.00); and with the Northwest
Environmental Organization, Inc., for real estate located at
706 Gilmer Avenue, N. W., at an option price of $36,000.00
(City Assessment - $28,000.00).
(For full text, see report on file in the City Clerk's
Office.)
511
ACTION:
Mrs. Bowles offered the following emergency ordinance:
(#31126-072792) AN ORDINANCE authorizing certain real
estate options to be entered into in connection with the Home
Purchase Assistance Program; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54, page
92.)
Mrs. Bowles moved the adoption of Ordinance No. 31126-
072792. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers ---7.
NAYS: None 0.
BUDGET-GRANTS-HOUSING-TOTALACTION AGAINST POVERTY: The
City Manager submitted a written report advising that the
Virginia Housing Partnership Fund was established in 1988 by
the state to improve housing conditions and opportunities for
low and very low income Virginians; and the Virginia
Department of Housing and Community Development was designated
to implement the various programs finance by this housing
initiative, with the Emergency Home Repair Program being one
such program which provides funds for emergency repairs,
improvements for handicapped accessibility, and certain
emergency energy related repairs to rental units occupied by
low-income tenants.
It was further advised that each housing unit may receive
a maximum of $1,000.00 in grant funds from the Virginia
Department of Housing and Community Development; that the
Emergency Home Repair Program has been operated by the City
through Total Action Against Poverty since 1989; that Council
endorsed application for a $15,000.00 grant award from the
Department of Housing for the program on April 27, 1992; and
matching funds have been set aside within the City's Community
Development Block Grant funded Limited Critical Repair
Program.
It was explained that the Virginia Department of Housing
and Community Development has notified the City that its grant
application has been approved, in the amount of $11,500.00;
and execution of the Grant Agreement with the Virginia
Department of Housing and Community Development to receive the
funds and execution of a general contract with Total Action
Against Poverty are necessary in order to continue the
Program.
512
ACTION=
ACTION=
The City Manager recommended that he be authorized to
execute a Grant Agreement to receive $11,500.00 awarded to the
City for the Emergency Home Repair Program; that he be
authorized to execute an agreement with Total Action Against
Poverty for cooperative administration of the Program; and
that Council authorize appropriation of $11,500.00 in state
grant funds to accounts to be established by the Director of
Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the
ordinance:
following emergency budget
(#31127-072792) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54, page
93.)
Mr. Harvey moved the adoption of Ordinance No. 31127-
072792. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers .7.
NAYS: None.
Mr. Fitzpatrick offered the following resolution:
(#31128-072792) A RESOLUTION authorizing the City
Manager or his designee to execute a Grant Agreement with the
Virginia Department of Housing and Com~unity Development in
connection with a grant of funds under the Emergency Home
Repair Program; and authorizing the City Manager or his
designee to execute an agreement with Total Action Against
Poverty in the Roanoke Valley, Inc., for the cooperative
administration of the Emergency Home Repair Program, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 54, page
94.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31128-072792. The motion was seconded by Mr. Harvey and
adopted by the following vote:
513
ACTION:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers ..... 7.
NAYS: None 0.
TOTAL ACTION AGAINST POVERTY-GRANTS: The City Manager
submitted a written report advising that Council authorized
funding for the Total Action Against Poverty Customized Job
Training project as a part of the Community Development Block
Grant (CDBG) application which was approved by Council on
Monday, May 11, 1992, pursuant to Resolution No. 30508-051192;
and Council appropriated CDBG funds on June 22, 1992, pursuant
to Ordinance No. 31067-062292, including $25,000.00 in funding
for TAP's Customized Job Training Program.
It was further advised that project continuation will
provide customized Job training for 60 low to moderate income
persons and 41 Job openings are expected to be filled; that
TAP and at least four local businesses will work together to
develop the curricula for the Job training program which will
include both classroom and on-the-job training; that fiscal
year 1992-93 Community Development Block Grant funds, in the
amount of $25,000.00, will leverage approximately $195,000.00
in additional monies from the Job Training Partnership Act and
in-kind donations of equipment and materials; and an
administrative agreement between the City and Total Action
Against Poverty is necessary in order for funds to be
obligated to the project.
The City Manager recommended that he be authorized to
execute an agreement with Total Action Against Poverty for the
Customized Job Training Program.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31129-072792) A RESOLUTION authorizing the City
Manager to execute an agreement with Total Action Against
Poverty in Roanoke Valley, Inc. ("TAP"), to provide for the
Customized Job Training Program.
(For full text of Resolution, see Resolution Book No. 54, page
94.)
Mrs. Bowles moved the adoption of Resolution No. 31129-
072792. The motion was seconded by Mr. McCadden and adopted
by the following vote:
514
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers- -7.
NAYS: None 0.
DRUGS: The City Manager submitted a written report
advising that the Drug Strategy Task Force recommended in its
report, "Roanoke At Risk", that a permanent on-going committee
be established to provide the central clearinghouse for
information, program development, and coalition building among
organizations towards setting a community-wide norm that drug
and alcohol abuse is not acceptable; that Council authorized
funding for the Drug and Alcohol Abuse Council Program as a
part of the Community Development Block Grant in 1990, 1991,
and most recently on June 22, 1992, pursuant to Resolution No.
31067-062292; that on September 9, 1991, Council authorized
execution of a six month contract for services with the
Roanoke Valley Trouble Center, Inc., to provide consulting
services to the Roanoke Drug and Alcohol Abuse Council; and on
Monday, March 23, 1992, Council authorized execution of a
contract for services with the Roanoke Valley Trouble Center,
Inc., (TRUST), to provide coordination and technical
assistance to the Roanoke Drug and Alcohol Abuse Council
through June 30, 1992.
It was explained that the contract agreement with TRUST
to provide consulting services to the Drug and Alcohol Abuse
Council expired on June 30, 1992; that in accordance with the
City of Roanoke and the U. S. Department of Housing and Urban
Development, the City invited applications from individuals or
organizations to assure that all interested parties had an
opportunity to submit proposals for consulting services to the
Roanoke Drug and Alcohol Abuse Council; and two proposals to
provide consulting services were received.
The City Manager recommended that he be authorized to
execute a sub-grantee agreement with Roanoke Valley Trouble
Center, Inc., TRUST, to provide staff support and coordination
to the Roanoke Drug and Alcohol Abuse Council from July 1,
1992 through June 30, 1993, with provision for extension.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31130-072792) A RESOLUTION authorizing the City
Manager to enter into a contract with the Roanoke Valley
Trouble Center, Inc. (TRUST), to continue its provision of
515
ACTION:
coordination and technical assistance to the Roanoke Drug and
Alcohol Abuse Council, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 54, page
95.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31130-072792. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None ---0.
(Council Member McCadden abstained from voting.)
BUDGET-AIRPORT-BRIDGES-PARKING GARAGES-CONSULTANTS
REPORTS: The City Manager submitted a written report with
regard to the 1992 Bridge Inspection Program, advising that
the 1978 Surface Transportation Act enacted by Congress
requires that all bridges, including "off Federal Aid System"
structures, must be included in the bi-annual inspection
program; that Supplementary Bridge Inspection Reports are
required on 64 structures in the City of Roanoke this year;
that 41 structures, 40 bridges and one tunnel, are inspected
annually while 23 structures are inspected bi-annually; and 11
bridge structures that do not fall under the Federal Highway
Administration guidelines require inspecting which are
structures with spans of less than 20 feet.
It was further advised that the Federal Highway
Administration has established a new requirement that overhead
sign structures are to be inspected on an annual basis; that
16 of these structures exist within the City; that inspection
of three parking structures are required every four years by
prudent engineering practices; and the airport tunnel, under
Runway 23, is required to be inspected bi-annually to ensure
safety and to keep deterioration under control.
It was explained that Engineering Services Qualification
Proposals for the necessary technical inspection and reports
were publicly advertised and received from Hayes, Seay,
Mattern & Mattern, Inc., and Mattern & Craig, Inc.; that
interviews were held with both qualified firms; that the
complexity of bridge inspections led City staff to select the
two qualified firms to complete two portions of the work; and
negotiations were conducted with the two firms.
516
The City Manager recommended that Council take the
following actions:
award engineering services reimbursement contracts
in forms approved by the City Attorney, to Hayes,
Seay, Mattern & Mattern, Inc., and Mattern & Craig,
Inc., in amounts of $73,920.00 and $58,400.00,
respectively;
transfer $28,520.00 appropriation from General
Fund, Account No. 001-004-9310-9508, to General
Fund, Account No. 001-052-4310-2010;
funding is available for the contracts as follows:
Hayes, Seayt Mattern & Matternt Inc.
Parking Garage Inspections (3)
- Williamson Road (Hanger Connection)
007-056-8205-2010
- Market Square
007-056-8215-2010
- Church Avenue
007-056-8220-2010
$2,500.00
4,750.00
5~750~00
$13,000.00
Overhead Sign Inspections (16)
Bridge Inspections (19)
001-052-4310-2010 60~920.00
Total Contract Amount $73,920.00
Mattern & Craig, Inc.
Bridge Inspections (56)
001-052-4310-2010
$57,600.00
Airport Tunnel Inspection (1)
004-058-4401-7070 800.00
Total Contract Amount $58,400.00
(For full text, see report on file in the City Clerk's
Office.)
517
ACTION:
ACTION:
Mr. Musser offered the
ordinance:
following emergency budget
(%31131-072792) AN ORDINANCE to amend and reordaln
certain sections of the 1992-93 General Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54, page
96.)
Mr. Musser moved the adoption of Ordinance No. 31131-
072792. The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers 7.
NAYS: None. 0.
Mr. Musser offered the following resolution:
(%31132-072792) A RESOLUTION authorizing the City
Manager to enter into engineering services reimbursement with
cost ceiling contracts with certain engineering firms,
providing for the performance of certain bridge, overhead
sign, and parking garage inspection services.
(For full text of Resolution, see Resolution Book No. 54, page
97.)
Mr. Musser moved the adoption of Resolution No. 31132-
072792. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers -7.
NAYS: None 0.
YOUTH-JUVENILE DETENTION HOME: The City Manager
submitted a written report advising that a construction
contract was awarded to Williams Painting and Remodeling,
Inc., on June 17, 1991, in the amount of $487,234.00, with a
project contingency of $34,100.00, for construction of the
Crisis Intervention Center; and Change Order Nos. 1 through 4
have added $23,160.15 to the contract total which is now
$510,394.15, with an existing project contingency of
$10,939.85.
518
It was further advised that several items were
encountered in closing out the project, plus one item that was
not billed in a timely manner; and the following items need to
be paid in order to complete the project:
1.
changes to electrical wiring
for dishwasher and range;
DJ
change exit fixture lens from
green to red at the request of
the Fire Marshal;
outlet for sound system in
Mechanical Room;
additional telephone
run from Mechanical
Office;
outlet,
Room to
Se
rework train to fit dishwasher
provided by owner;
fe
additional charge to hook up
gas range provided by owner;
install weatherstripping for
bottom of entrance doors (6);
and
adjust rings used on manholes
to raise to corrected grade.
Total $1,989.70
ae
add outlet for milk machine;
add outlet for telephone
system;
add two pole 20A service to
walk-in freezer.
Total $ 515.41
am
add cut-off switch for range
hood exhaust fan;
add emergency lights in boys
and girls toilets as requested
by the Fire Marshal;
change receptacle in Laundry
Room to ground fault.
Total $ 828.85
519
ACTION:
rock excavation in the sewer
main ditch; quantity verified
by Froehling and Robertson
(rock in water main ditch was
incorporated in Change Order
No. 3, dated February 26,
1992.)
Total $1,824.90
provide outlet in entertainment
center for television;
provide empty conduit for
future cable hookup.
Total $ 183.15
furnish and install handrails
in two Mechanical Rooms around
fold-down stairways.
Total $ 133.28
TOTAL AMOUNT OF
CHANGE ORDER
$5,475.29
The City Manager recommended that he be authorized to
issue Change Order No. 5 to the contract with Williams
Painting and Remodeling, Inc., in the amount of $5,475.29,
with no additional contract time, for a total contract amount
of $515,869.44.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick
ordinance:
offered the following emergency
(#31133-072792) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 5 to the City's
contract with Williams Painting and Remodeling, Inc., for
construction of the Crisis Intervention Center at Coyner
Springs; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54, page
98.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31133-072792. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
520
ACTION=
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers -7.
NAYS: None 0.
INSURANCE-CIVIC CENTER: The City Manager submitted a
written report advising that on September 2, 1990, a fire
occurred in the Roanoke Civic Center Auditorium in the rear
southwest corner of the auditorium lobby, mezzanine and
adjoining stairwell; and smoke filled the auditorium,
backstage area and other parts of the building.
It was further advised that the City's fire insurance
coverage with Industrial Risk Insurers on the facility is in
the amount of $32 million with a deductible of $5,000.00 for
property damage and business interruption; that cleanup and
fire damage repairs have been completed and the auditorium has
reopened; that fire related invoices have been submitted to
the insurance carrier for reimbursement; that total
reimbursement is $749,177.70 from the insurance carrier for
the damage; and final settlement documentation has been
received by the City from Industrial Risk Insurers which
requires approval and an authorized signature.
The City Manager reco~ended that he and the City Clerk
be authorized to execute and attest, respectively, in a form
approved by the City Attorney, the appropriate documentation
for final settlement with Industrial Risk Insurers, in the
total amount of $749,177.70, for insurance payments for the
Roanoke Civic Center Auditorium fire.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31134-072792) A RESOLUTION authorizing final
settlement with the City's fire insurance carrier for damages
resulting from the September 2, 1990, fire in the Roanoke
Civic Center Auditorium, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 54, page
lO0. )
Mr. Fitzpatrick moved the adoption of Resolution No.
31134-072792. The motion was seconded by Mr. Musser and
adopted by the following vote:
521
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers 7.
NAYS: None
8
FLOOD REDUCTION/CONTROL-INSURANCE-ARMORY/STADIUM: The
City Manager submitted a written report advising that on
April 21, 1992, a flood occurred in the City of Roanoke; that
various buildings owned by the City are insured under The
National Flood Act of 1968 through Bankers and Shippers
Insurance Company; that Victory Stadium and the National Guard
Armory were the only two City-owned buildings to incur
substantial flood damage; that flood insurance for Victory
Stadium is in the amount of $215,000.00 and $258,000.00 for
the National Guard Armory, with a deductible of $3,000.00 on
each building for property and another $3,000.00 for contents,
when applicable; that insurance coverage for Victory Stadium
included interior cleanup, repair of motors and lost revenue
from police auction for bicycles and electronic equipment; and
damage to the National Guard Armory was to the floor tile,
doors and woodwork.
It was explained that Bankers and Shippers Insurance
Company was placed on notice of the flood and related damages;
that a claims adjustor was sent to review damages; that a
"proof of loss" for each claim has been received by the City;
that the insurance settlement for Victory Stadium is
$10,094.31 and $24,081.69 for the National Guard Armory; and
proofs have been reviewed by the City's Risk Management
Officer for accuracy and settlement of claim, and the proposed
insurance settlement was found to be appropriate.
The City Manager recommended that he and the City Clerk
be authorized to execute and attest, respectively, in form a
approved by the City Attorney, the appropriate documentation
for final settlement with Bankers and Shippers Insurance
Company, in the total amount of $34,176.00, for insurance
payments for both Victory Stadium and the National Guard
Armory o
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
522
ACTION:
(#31135-072792) A RESOLUTION authorizing final
settlement with the City's insurance carrier for damages to
Victory Stadium and the National Guard Armory resulting from
the April 21, 1992 flood.
(For full text of Resolution, see Resolution Book No. 54, page
101.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31135-072792. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers ........ 7.
NAYS: None--- -0.
FIRE DEPARTMENT-EMERGENCY SERVICES: The City Manager
submitted a written report with regard to the Regional
Hazardous Materials Response Team Agreement, advising that in
June 1991, Council authorized execution of a one-year
agreement with the Commonwealth of Virginia Department of
Emergency Services (VDES) to continue furnishing Level III
Regional Hazardous Materials Response Team and respond to
calls, at the request of the Department, within a designated
region of the state; that a Level III is defined as a
technical response to spills or releases of any classification
of hazardous materials or extremely hazardous substances
requiring the use of special protective clothing and
equipment; and responders must be trained to a Hazardous
Materials Technical level or greater.
It was further advised that the Roanoke Valley has been
identified as being at high risk for accidents involving
hazardous materials due to the high volume of chemicals being
transported through the City on the interstate system and
railroad; that the current Roanoke Valley Regional Hazardous
Materials Response Team consists of firefighters from Roanoke
City and the City of Salem who have been trained to respond to
hazardous materials incidents; and response history for the
last two fiscal years is for fiscal year 1990-91 - one
response, and for fiscal year 1991-92 (July 1, 1990 - June 30,
1992) seven responses.
It was explained that the Regional Hazardous Materials
Response Team Agreement expired on June 30, 1992; that the
Virginia Department of Emergency Services has requested that
a new agreement be entered into beginning July 1, 1992, for a
two-year period; that the City of Roanoke and the City of
Salem will comprise the regional team and will respond to all
Level III responses within the territory; and City staff has
523
ACTION:
determined that a Level III response capability should be
maintained due to the identified high risk status for
hazardous materials incidents in the City, and participation
in a Regional Response Team program would be the most cost
effective approach for the City; and Council's approval and
authorization to enter into such an agreement is required if
the City wishes to participate in the "Regional Response
Team".
The City Manager recommended that he be authorized to
enter into an agreement, in a form approved by the City
Attorney, with the Commonwealth of Virginia, Department of
Emergency Services, to participate in a Regional Hazardous
Materials Response Team for a period of two years beginning
July 1, 1992, with the option to terminate upon 30 days
written notice.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31136-072792) A RESOLUTION authorizing an agreement
between the City and the Commonwealth of Virginia Department
of Emergency Services to provide for the continuation of the
Regional Hazardous Materials Response Team.
(For full text of Resolution, see Resolution Book No. 54, page
102.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31136-072792. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Mcfadden,
Russet, White, Bowles and Mayor Bowers ...... 7.
NAYS: None- -0.
Mr. Winston V. Simmons, Training/HAT-MAT Officer,
presented an oral briefing on the Regional Hazardous Materials
Response Team program.
REPORTS OF COMMITTEES:
ANNUAL REPORTS-AUDIT COMMITTEE: An Annual Report of the
Audit Committee for the year ended June 30, 1992, was before
Council.
524
ACTION:
The following is a summary of activities of the Audit
Committee:
Reviewed and concurred with the annual
presented by KPMG Peat Marwick.
plan
Reviewed and concurred with the Municipal Auditor's
annual audit plan.
Reviewed the independent accountant's report with
representatives from KPMG Peat Marwick and City
officials.
Reviewed the internal audit reports with the
Municipal Auditor and City officials.
Revised the Citizens' Services Committee audit
requirements.
Named a selection committee to recommend an
independent accounting firm to conduct City audits
for fiscal years 1993 through 1996.
Adopted Government Auditing Standards and directed
the Municipal Auditor to proceed with an external
quality control review.
Furnished a copy of the minutes of each committee
meeting to City Council and City officials.
(For full text, see Annual Report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the Annual Report be received
and filed. The motion was seconded by Mr. McCadden and
unanimously adopted.
SEWERS AND STORM DRAINS: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented
a written report on behalf of the Committee, with regard to
the renewal of a fourth year option for sludge hauling by Bio-
Gro Systems, Inc., at the Water Pollution Control Plant.
A staff report advised that the renewal contract for
yearly quantity of sludge hauling with Bio-Gro Systems, Inc.,
expires in August 1992; that this will be the fourth contract
negotiated for one year, with the option to renew for a total
of five years; that last year's contract was signed on the
basis of a minimum of 6,000 dry tons to a maximum, subject to
funding and available volume, of 10,000 dry tons; that the
cost per ton last year was $84.22 per dry ton, which includes
525
ACTION=
the cost per dry ton of $2.80 to lime the fields before
spreading the sludge; and 1992-93 sludge volume should be
established at a minimum of 6,000 dry tons to a maximum,
subject to funding and available volume, of 10,000 dry tons.
The Water Resources Committee recommended that the City
Manager be authorized to execute the fourth year sludge
disposal contract with Bio-Gro Systems, Inc., in a form
approved by the City Attorney, for a minimum quantity of 6,000
dry tons and a maximum quantity of 10,000 dry tons at $86.83
per dry ton, with a 12 month term of amendment time period to
run from the date of execution of the renewed contract but
not later than September, 1992.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution=
(#31137-072792) A RESOLUTION authorizing an amendment to
the City's contract with Bio Gro Systems, Inc., for the fourth
year of removal and disposal of sludge from the Water
Pollution Control Plant, and authorizing the proper City
officials to execute the requisite contract documents.
(For full text of Resolution, see Resolution Book No. 54, page
102.)
Mrs. Bowles moved the adoption of Resolution No. 31137-
072792. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None ......... 0.
SALE/PURCHASE OF PROPERT¥-ARCHITECTURALREVIEW BOARD-CITY
PROPERTY: Council Member Elizabeth T. Bowles, Chairman of the
Water Resources Committee, presented a written report on
behalf of the Committee, with regard to the sale of certain
historic properties located at 118, 120, 122 and 124 Campbell
Avenue, S. W.
A staff report advised that pursuant to Ordinance No,
29372 adopted on November 26, 1988, Council authorized
execution of a Sale and Exchange Agreement with James L. and
Muriel King Trinkle, providing that the City purchase property
owned by the Trinkles located at 120 and 122 Campbell Avenue
for $164,000.00, and further providing that the City exchange
real estate located at 124 Kirk Avenue for real estate owned
526
by the Trlnkles located at 118 and 124 Campbell Avenue; that
the Virginia Department of Conservation and Historic Resources
provided a $100,000.00 grant toward acquisition of the
properties; that the City agreed to donate historic
preservation easements on the buildings to the Virginia
Historic Landmarks Board, or to require as a condition of
sale, that the purchaser or purchasers donate historic
preservation easements to the Landmarks Board, as required by
the State Grant Agreement; that the City has prepared and
submitted an acceptable register report to the Virginia
Historic Landmarks Board, and requested that the buildings be
formally added to the State Register and nominated to the
National Register of Historic Places; that $225,000.00 was the
estimated market value of the properties on December 19, 1990,
as estimated by the Office of Real Estate Valuation, which
value does not take into account any costs such as asbestos
removal, brokerage fees, etc, that may be incurred in the
process of marketing the property; and $55,005.00 was the low
bid for removal of asbestos from the properties.
It was explained that a $120,000.00 offer for 118, 120,
122 and 124 Campbell Avenue has been received from Mastin,
Kirkland, Bolling Realtors, Inc., on behalf of Roger R. Neel,
Jr., and Thomas E. Wallace; that $194,600.00 is the current
assessed value of the Campbell Avenue properties; that the
purchaser will take the properties as they now exist,
acknowledging existence of asbestos and responsibility for its
removal; that third floor apartments, second floor offices and
first floor retail are envisioned uses of the property; and
118 Campbell Avenue will be renovated first, with 124 being
immediately stabilized.
The Water Resources Committee recommended that Council
authorize execution of necessary documents, in a form approved
by the City Attorney, with regard to sale of 118, 120, 122 and
124 Campbell Avenue for a sum of $120,000.00, subject to the
following conditions:
purchaser be given 90 days to secure identified
financing including amount, term and interest rate;
purchaser to obtain title insurance policy;
purchaser to secure a $5,000.00 grant from the
City's Historic Grant Fund for each of the four
buildings - total funds sought $20,000.00;
purchaser to pay commission relating to the sale;
527
ACTION-.
prior to the sale, the City will place an historic
preservation easement on the property in favor of
the Virginia Historic Landmarks Board; and
purchaser acknowledges responsibility for abatement
of asbestos.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be placed
upon its first reading:
(#31138) AN ORDINANCE providing for the sale and
conveyance of City-owned property located at 118, 120, 122 and
124 Campbell Avenue, S. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54, page
120A. )
The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Fitzpatrick,
Musser, White, Bowles and Mayor Bowers
NAYS: None
Harvey, McCadden,
UNFINISHED BUSINESS: None.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
HOUSING-SUBDIVISIONS-STREETS AND ALLEYS: Ordinance No.
31085-072792 permanently vacating portions of Deanwood
Terrace, Linwood Land Company and Deanwood Community
Development Program Subdivision, described as: Tracts 5B and
6, according to the Map of Deanwood Community Development
Program (Official Tax Nos. 3043005 and 3043006); Lots 5 and 6,
Block 10, according to the Map of Deanwood Terrace (Official
Tax Nos. 3041905 and 3041906); Lots 7 - 9 and 16 - 18,
inclusive, Block 5, according to the Map of Linwood Land
Company (Official Tax Nos. 3042307 - 3042309 and 3042316 -
3042318); and Lots 1 - 13, inclusive, Block 4, according to
the Map of Linwood Land Company (Official Tax Nos. 3042401 -
3042413), having previously been before the Council for its
first reading on Monday, July 13, 1992, read and adopted on
its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and
final adoption:
528
ACTION:
(#31085-072792) AN ORDINANCE permanently vacating
portions of the Deanwood Terrace, Linwood Land Company and
Deanwood Community Development Program Subdivision, as is more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54, page
82.)
Mrs. Bowles moved the adoption of Ordinance No. 31085-
072792. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None -0.
MOTIONS A~ MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
COMPLAINTS-DOGS: Council Member Harvey requested that
the City Manager provide Council with information pertaining
to more stringent enforcement of the City's current leash law
at the same time that the City Attorney reports to Council
with regard to a vicious dog ordinance for the City.
OTHER HEARINGS OF CITIZENS:
COUNCIL-ELECTIONS: The Reverend John R. Rhone, 3015
Hickory Wood Drive, N. E., appeared before Council in
connection with the method of electing City Council members.
He advised that many minorities who are members of the Roanoke
Valley Ministers Conference are on vacation and have not had
an opportunity to discuss the ward/modified ward system for
electing City Council members. He stated that as a member of
the Ministers Conference, he hopes the matter will not become
a racial issue; that the Roanoke Valley Ministers' Conference
supports the position of Mayor Bowers and Council Member White
with regard to the issue, and the Ministers' Conference will
reconvene in September, at which time members will be ready to
address the issue with City Council.
Upon question as to whether or not he spoke on behalf of
the Roanoke Valley Ministers Conference, Reverend Rhone
advised that he had conferred with leadership of the
Ministers' Conference and colleagues who are in agreement with
the ward/modified ward system of electing City Council
members.
529
ACTION:
At 3:30 p.m., the Mayor declared the meeting in recess.
At 4:00 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of the
Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City Council
certify to the best of his or her knowledge that: (1) only
public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act;
and (2) only such public business matters as were identified
in any motion by which any Executive Session was convened were
heard, discussed or considered by City Council. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers-- ----7.
NAYS: None---
SALE/PURCHASE OF PROPERTY-INDUSTRIES: The City Manager
submitted a written report advising that the Roanoke Centre
for Industry and Technology (RCIT) has been successful in
attracting and retaining industry In the City of Roanoke; that
on May 22, 1989, Council authorized the City Manager to
execute a sales contract for the purchase of 141.77 acres of
land from Anderson Wade Douthat and Frances Brown Douthat for
industrial development purposes and authorized the Mayor to
execute the requisite deed; and the Estate of Ralph E. Conner
owns 1.527 acres of land surrounded by the RCIT addition.
It was explained that the Estate of Ralph E. Conner has
agreed to sell the property, Official Tax No. 7230302, to the
City for $100,000.00, plus sellers attorneys' fees for closing
the transaction, not to exceed $1,000.00; that the Water
Resources Committee previously agreed to the need to acquire
the property and directed that attempts be made to negotiate
a purchase; that the City needs to acquire the property to
provide a more complete tract of land for industrial
development; and the Conner property is presently zoned Light
Manufacturing.
The City Manager recommended that he be authorized to
execute the necessary documents, in a form to be approved by
the City Attorney, to purchase 1.527 acre, bearing Official
Tax No. 7230302, for the sum of $100,000.00, plus sellers
attorneys' fees, not to exceed $1,000.00.
(For full text, see report on file in the City Clerk's
Office.)
530
ACTION:
ACTION=
Mr. Fitzpatrick offered the following emergency Ordinance
authorizing acquisition by the City of a certain 1.527 acre
parcel of land located in the City adjacent to the Roanoke
Centre for Industry and Technology from the heirs of Ralph E.
Conner, described as Official Tax No. 7230302:
(#31139-072792) AN ORDINANCE authorizing the acquisition
by the City of a certain 1.527 acre parcel located in the City
adjacent to the Roanoke Centre for Industry and Technology and
bearing Official Tax No. 7230302, upon certain terms and
conditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book 54, page 103.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31139-072792. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, McCadden,
Musser, White, Bowles and Mayor Bowers ...................... 7.
NAYS: None 0.
ROANOKE ARTS COMMISSION: The Mayor advised that there is
a vacancy on the Roanoke Arts Commission, created by the
resignation of Ruth S. Appelhoff, and called for nominations
to fill the vacancy.
Mrs. Bowles placed in nomination the name of Linda
Atkinson.
There being no further nominations, Ms. Atkinson was
elected as a member of the Roanoke Arts Commission, for a term
ending June 30, 1993, by the following vote:
FOR MS. ATKINSON: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ............ 7.
ECONOMIC DEVELOPMENT COMMISSION: The Mayor advised that
the three year terms of Stanley R. Hale and Charles R. Saul as
members of the Economic Development Commission expired on June
30, 1992, and called for nominations to fill the vacancies.
Mr. White placed in nomination the names of Stanley R.
Hale and Charles R. Saul.
There being no further nominations, Messrs. Hale and Saul
were reelected as members of the Economic Development
Commission, for terms of three years each, ending June 30,
1995, by the following vote:
531
ACTION:
FOR MESSRS. HALE AND SAUL: Council Members Fitzpatrick,
Harvey, McCadden, Musser, White, Bowles and Mayor Bowers .... 7.
There being no further business, the Mayor declared the
meeting adjourned at 4:05 p.m.
APPROVED
ATTEST '.
City Clerk
Mayor
532
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
August 10, 1992
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, August 10,
1992, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members James G. Harvey, II, Delvis O.
McCadden, Howard E. Musser, Beverly T. Fitzpatrick, Jr., and Mayor
David A. Bowers ...... 5.
ABSENT:
White, Sr.
Council Members Elizabeth T. Bowles and William
OFFICERS PRESENT: Kit B. Kiser, Acting City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director
of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PUBLIC HEARINGS
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, August 10,
1992, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of Martin E. Hellkamp that
a tract of land located at 759 Welton Avenue, S. W.,
lying at the intersection of Welton Avenue, Lawnhill
Street and Floyd Avenue, described as Official Tax No.
1250133, be rezoned from RM-1, Residential Multi-Family,
Low Density District, to RM-2, Residential Multi-Family,
Medium Density District, subject to certain conditions
proffered by the petitioner, the matter was before the
body.
533
ACTION:
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, July 24, 1992, and Friday, July 31,
1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission. advising
that the purpose of the request for rezoning is to place
an existing nonconforming use into a conforming zoning
district classification so that certain repairs and
improvements can be made to the residential property, was
before Council.
The Planning Commission recommended that Council
approve the request for rezoning, advising that allowing
for continuation of the existing multi-family development
on the subject property, coupled with proffered
conditions regarding the future development of the
balance of the site, is in keeping with recommendations
of the Comprehensive Plan; and rezoning would provide for
rehabilitation, renovation and continued adaptive reuse
of two existing and possibly historically significant
structures in the community.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the following ordinance be
placed upon its first reading:
(#31140) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
125, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 121.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning; whereupon, Ms. Roswitha E. Jarrett, 804
Welton Avenue, S. W., requested clarification as to the
definition of low density and medium density. She
expressed concern that unless some precautions are taken,
persons living on Main Street may experience drainage
problems.
534
Daniel F. Layman, Attorney, representing the
petitioner, explained that the RM-2 designation permits
multi-family dwellings and the RM-1 designation permits
only duplexes. He further explained that the property is
currently being used as a multi-family dwelling and was
apparently converted approximately four years ago without
the City's permission, and the primary purpose of the
rezoning is to legalize that which has been in effect for
several years. He stated that no physical change is
proposed in the property, and there will be no
implications in connection with drainage. He called
attention to a reservation of rights in the petition for
rezoning for future development, however, no request has
been made of the City at this time.
Mr. Marlles explained that if an application is
submitted in the future for more intensive development,
City staff will look at such matters as storm drainage
and utilities as a part of the review process.
No other persons wishing to address the Council,
Ordinance No. 31140 was adopted on its first reading by
the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers ....... 5.
NAYS: None. -0.
(Council Members Bowles and White were absent.)
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, August 10, 1992, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
the City of Roanoke to alter and close by barricade, Day
Avenue, S. W., at its intersection with Franklin Road,
the matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, July 24, 1992, and Friday, July 31,
1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
535
Ii
ACTION:
A report of the City Planning Commission advising
that the Franklin Road widening project resulted in
acquisition of abutting land to provide for additional
traffic lanes; that an increase in street grade
elevations, as part of the project design, required the
closure and barricading of Day Avenue, S. W., at its
intersection with Franklin Road, and Day Avenue, at the
subject location, has been physically barricaded by
construction crews to facilitate road construction work
consistent with the project plan.
The Planning Commission recommended that Council
approve the request to alter and close by barricade, Day
Avenue, S. W., at its easterly intersection with Franklin
Road.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the following ordinance
be placed upon its first reading:
(#31141) AN ORDINANCE authorizing the alteration
and closing by barricade of a certain public right-of-way
in the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 122.)
The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for alteration and closure. There being none, Ordinance
No. 31141 was adopted, on its first reading, by the
following vote:
AYES: Council Members McCadden, Musser, Fitzpatrick
and Mayor Bowers 4.
NAYS: None 0.
(Council Members Bowles and White were absent.) (Council
Member Harvey abstained from voting inasmuch as he owns
property in close proximity to the area to be
barricaded.)
536
ACTION:
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to three requests for Executive
Sessions to discuss a matter with regard to publicly held
property, specifically the possible conveyance of an
interest in land for economic development purposes; to
discuss a matter with regard to a prospective business or
industry; and to discuss vacancies on various
authorities, boards, commissions and committees appointed
by Council.
COUNCIL: A communication from the Mayor requesting
that Council meet in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mr. McCadden and adopted by the following
vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
COUNCIL: A communication from the Vice-Mayor
requesting that Council meet in Executive Session to
discuss a matter with regard to disposition of publicly
held property, specifically the possible conveyance of an
interest in land for economic development purposes,
537
ACTION:
ACTION:
pursuant to Section 2.1-344 (A)(3), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request to convene in Executive Session to discuss a
matter with regard to disposition of publicly held
property, specifically the possible conveyance of an
interest in land for economic development purposes,
pursuant to Section 2.1-344 (A)(3), Code of Virginia,
(1950), as amended. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers ...... 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
COUNCIL: A communication from the Vice-Mayor
requesting that Council meet in Executive Session to
discuss a matter with regard to prospective business or
industry when no previous announcement has been made of
the business' or industry's interest in locating in the
community, specifically to discuss inducements being
offered to such business or industry to locate in this
community, pursuant to Section 2.1-344 (A)(5), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request to convene in Executive Session to discuss a
matter with regard to prospective business or industry
when no previous announcement has been made of the
business' or industry's interest in locating in the
community, specifically to discuss inducements being
offered to such business or industry to locate in this
community, pursuant to Section 2.1-344 (A)(5), Code of
Virginia, (1950), as amended. The motion was seconded by
Mr. McCadden and adopted by the following vote:
538
ACTION:
ACTION:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers ..... 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
COMMITTEES-COUNCIL-LEGISLATION-WATER RESOURCES: A
communication from Mayor David A. Bowers confirming the
appointment of Council Member Delvis O. McCadden as a
member of the City's Legislative Committee and Water
Resources Committee on July 27, 1992, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the communication be
received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers 5.
NAYS: None. 0.
(Council Members Bowles and White were absent.)
PERSONNEL DEPARTMENT: A communication from Mel H.
Lipton tendering his resignation as a member of the
Personnel and Employment Practices Commission, effective
immediately, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the communication be
received and filed and that the resignation be accepted
with regret. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers .--5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
539
Il
ACTION:
ACTION:
ACTION:
PENDING LIST: A list of items pending from July 10,
1978, through July 27, 1992, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the pending list be
received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers ....... 5.
NAYS: None
(Council Members Bowles and White were absent.)
COMMITTEES-ECONOMIC DEVELOPMENT COMMISSION: A
report of qualification of Charles R. Saul and W. Robert
Herbert as members of the Economic Development
Commission, for terms of three years each, ending
June 30, 1995, was before Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mr. McCadden and adopted by the following
vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
FIRE DEPARTMENT-COMMITTEES: A report of
qualification of Ronald O. Crawford as a member of the
Board of Fire Appeals, for a term of four years ending
June 30, 1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mr. McCadden and adopted by the following
vote:
540
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers -5.
NAYS: None--
(Council Members Bowles and White were absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND CO~NICATIONS:
AIRPORT-CELEBRATIONS: A request of Major C. Andrew
Hodges, Jr., USAFA Admissions Liaison Officer, to address
Council with regard to adoption of a measure in support
of a proposed Roanoke Valley Air Show to be held at the
Roanoke Regional Airport in the spring of 1993, was
before the body.
Major Hodges advised that it was with regret
that he must withdraw the request for a resolution of
support due to a response from the Flight Standards
District Office of the Federal Aviation Administration in
Richmond, Virginia, in which it was determined that the
Roanoke Regional Airport is an unsatisfactory site for
high performance aircraft such as the U. S. Air Force
Thunderbirds, due to close proximity of the airport to
spectator areas, densely populated areas and a heavily
traveled adjacent highway. He explained that a steering
committee will investigate the feasibility of sponsoring
an air show in October/November 1993, to be composed of
static display aircraft from various military bases and
aerobatic acts from the civilian sector, and Council's
support, by resolution, will be requested when the scope
and purpose of the air show has been defined.
INDUSTRIES: A communication from Mr. Harwell M.
Darby, Jr., Attorney, representing the Industrial
Development Authority of the City of Roanoke, requesting
approval of a plan of finances to assist Roanoke Memorial
Hospitals, Community Hospital of Roanoke Valley, and
Franklin Memorial Hospital, in advance refunding of a
portion of certain prior bonds, and funding certain
expenses incurred in connection with authorization and
issuance of Refunding Bonds, by issuance of not to exceed
541
ACTION:
$78.5 million aggregate principal amount of the
Authority's Hospital Revenue Refunding Bonds, Series
1992B, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Harvey offered the following resolution:
(#31142-081092) A RESOLUTION of the City Council of
the City of Roanoke, Virginia, approving, among other
things, the issuance of not to exceed $78,500,000.00
aggregate principal amount of the Industrial Development
Authority of the City of Roanoke, Virginia, Hospital
Revenue Refunding Bonds (Roanoke Memorial Hospitals,
Community Hospital of Roanoke Valley and Franklin
Memorial Hospital Project) Series 1992B, to the extent
required by Section 147 of the Internal Revenue Code of
1986, as amended.
(For full text of Resolution, see Resolution Book No. 54,
page 106.)
Mr. Harvey moved the adoption of Resolution No.
31142-081092. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers --5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
BONDS/BOND ISSUES-SCHOOLS: A communication from the
Roanoke City School Board requesting approval of an
application by the City of Roanoke to the Virginia Public
School Authority for up to $2,505,500.00 in financing
under the Authority's 1992 Literary Fund Interest Rate
Subsidy Program, in order to provide funding for
improvements and additions to Forest Park Elementary
School; and further requesting that the City issue its
general obligation school bonds in an amount not to
exceed $2,250,000.00, pursuant to such Interest Rate
Subsidy Program, and to consent to the issuance of such
bonds, was before Council.
As a first step in the application process, the
School Board also requested that Council schedule a
public hearing for Monday, September 14, 1992, advising
that the bond sale will replace the approved $2.5 million
542
ACTION:
Literary Fund loan for Forest Park Elementary School with
VPSA bonds; that the sale is necessary since the state
has insufficient funds to cover the cash flow needs of
outstanding Literary Fund Loans and the state will
subsidize the interest rate in order that the effective
rate is the same as the Literary Fund rate of four per
cent.
A report of the Director of Finance recommending
that Council concur in the request of the School Board to
schedule a public hearing in the abovedescribed program,
was also before Council.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. Musser moved that Council concur in the request
of the School Board to hold a public hearing on Monday,
September 14, 1992, at 7:30 p.m., or as soon thereafter
as the matter may be heard. The motion was seconded by
Mr. Fitzpatrick and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY EMPLOYEES-PERSONNEL DEPARTMENT: The Acting
City Manager called upon the Personnel Manager for a
briefing with regard to an award presentation to City
employees.
Mr. Kenneth S. Cronin, Personnel Manager, advised
that on June 29, 1992, City employees were recognized for
their efforts in helping to keep health care costs down,
as well as the City's participation in certain wellness
activities. He stated that the City's Wellness Program
has played an important part in keeping health care costs
down, advising that approximately four years ago, the
City's Occupational Nurse presented Council with
information regarding weight loss programs, cholesterol
checks, etc., and recently the City of Roanoke was chosen
as one out of six organizations in the Commonwealth of
Virginia to be recognized for its efforts in this area.
He advised of the following health related programs which
are sponsored by the City; viz: Walking Club, Weight
Reduction Program, Flu Shot Program, and Health Fair.
543
Mr. Cronin recognized and commended Ms. Marquita W.
Brown, Occupational Nurse, for her efforts on behalf of
all City employees.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMAN DEVELOPMENT-GRANTS-FDETC: The Acting
City Manager submitted a written report of the City
Manager, advising that the Fifth District Employment and
Training Consortium has been authorized to operate Joint
contracts with the City of Roanoke's Department of Social
Services from June 1, 1992, through May 31, 1993, and
with the County of Roanoke's Department of Social
Services from June 1, 1992, through May 31, 1993; and the
City of Roanoke is the grant recipient for Consortium
funding, and City Council must appropriate funding for
all grants received by the Consortium.
It was further advised that the City's Department of
Social Services and the Fifth District Employment and
Training Consortium have entered into a financial
contract, in the amount of $239,994.00, for employment
services as well as Job opportunities and basic skills
activities for certain clients during the period of
June 1, 1992, through May 31, 1993; that the City's
Department of Social Services and the Consortium have
also entered into a financial contract, in the amount of
$12,572.79, for Job opportunities and basic skills
activities for food stamp recipients during the period of
June 1, 1992, through May 31, 1993; and that the Roanoke
County's Department of Social Services and the Consortium
have entered into a financial contract, in the amount of
$12,584.32, for employment services as well as Job
opportunities and basic skills activities for certain
clients during the period of June 1, 1992, through
May 31, 1993.
The City Manager recommended that Council
appropriate the Consortium's funding of $265,151.17 and
increase the revenue estimate by $265,151.17 in certain
accounts to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
544
ACTION:
(#31143-081092) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 110.)
Mr. Musser moved the adoption of Ordinance No.
31143-081092. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers -5.
NAYS: None -0.
(Council Members Bowles and White were absent.)
BUDGET-FIRE DEPARTMENT-GRANTS-EQUIPMENT: The
Acting City Manager submitted a written report of the
City Manager, advising that the Fire Program Fund was
established by the General Assembly, effective October 4,
1985, pursuant to Section 38.1-44.1 of the Code of
Virginia; and a sunset clause requiring expiration of the
Fund on July 1, 1990, has now been removed, thus, the
City's annual allotment of state funds will continue
indefinitely.
It was further advised that revenue to support the
Program is derived from an .8 per cent surcharge on all
fire insurance premiums collected throughout the
Commonwealth; that Program guidelines require that funds
received are to be non-supplanting and must be used in
accordance with provisions established by the State
Department of Fire Programs; and funds provided by the
Program may be used for fire service training, regional
fire service training facilities, firefighting and
equipment/apparatus and personal protective closing.
It was explained that the City's allotment of funds,
$91,041.89, was electronically transferred to the City
Treasurer during the week of June 22, 1992, into Account
No. 035-035-1234-7120; and action by Council is needed to
formally accept and appropriate the funds.
The City Manager recommended that Council authorize
acceptance of the grant award; and authorize
establishment of accounts by the Director of Finance
which are necessary to make the following purchases:
545
ACTION
ACTION:
Fire Suppression Vehicular Equipment - $50,000.00
Training and Development - 41,041.89
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31144-081092) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 113.)
Mr. Musser moved the adoption of Ordinance No.
31144-081092. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers 5.
NAYS: None
®
(Council Members Bowles and White were absent.)
Mr. Fitzpatrick offered the following resolution:
(#31145-081092) A RESOLUTION accepting a certain
Fire Program Fund Grant offer made to the City by the
Department of Fire Programs of the Commonwealth of
Virginia and authorizing execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 54,
page 114.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31145-081092. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers 5.
NAYS: None.
(Council Members Bowles and White were absent.)
546
HOUSING/AUTHORITY: A report of the City Manager
recommending execution of an agreement with the Roanoke
Redevelopment and Housing Authority for administration
and implementation of various community development
activities, was before Council.
The Mayor advised that the report had been withdrawn
by the City Manager.
BUDGET-FIRE DEPARTMENT-EMERGENCY SERVICES-GRANTS-
EQUIPMENT: The Acting City Manager submitted a written
report of the City Manager, advising that on July 27,
1992, a report was submitted to Council recommending that
the City enter into an agreement with the Virginia
Department of Emergency Services in order for the City to
provide, along with the City of Salem, a Level III
Regional Response Team; that Council concurred in the
recommendation and authorized the City Manager to enter
into the appropriate agreement with the State Coordinator
of Emergency Services which is effective until June 30,
1994, unless terminated upon 30 days notice by either
party; that according to the executed agreement, the City
of Roanoke, as well as all localities who participate in
the regional response team will receive "pass-through
funding" to assist with the purchase of equipment to be
used by the Regional Hazardous Materials Response Team;
and pass-through funding, in the amount of $15,000.00,
has been received by the City as of August 10, 1992, and
deposited in Revenue Account No. 035-035-1234-7067.
It was explained that the City of Roanoke and the
City of Salem will coordinate purchase of equipment for
the Hazardous Materials Regional Response Team in order
to avoid duplication of expensive equipment and allow for
compatibility of equipment purchased.
The City Manager recommended that Council accept the
Hazardous Materials Regional Response Team Grant, in the
amount of $15,000.00, for the purpose of providing funds
for the purchase of specialized equipment; and that
$15,000.00 be appropriated to Other Equipment under the
Hazardous Materials Response Team Grant in the Grant
Fund, Account No. 035-050-3220-9015.
(For full text, see report on file in the City Clezk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
547
ACTION
ACTION:
(#31146-081092) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 114.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31146-081092. The motion was seconded by Mr. Musser and
adopted by the following votes
AYES: Council Members Harvey, McCadden, Muss.r,
Fitzpatrick and Mayor Bowers ........ 5.
NAYS= None
-0.
(Council Members Bowles and White were absent.)
Mr. McCadden offered the following resolution:
(#31147-081092) A RESOLUTION authorizing the
acceptance of a grant made to the City of Roanoke by the
Virginia Department of Emergency Services for the
purchase of equipment for the Hazardous Materials
Regional Response Team and authorizing the acceptance,
execution and filing of all appropriate documents to
obtain such a grant.
(For full text of Resolution, see Resolution Book No. 54,
page 115.)
Mr. McCadden moved the adoption of Resolution No.
31147-081092. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Muss.r,
Fitzpatrick and Mayor Bowers ...... 5.
NAYS: None.
(Council Members Bowles and White were absent.)
BUDGET-GRANTS-ROANOKE SYMPHONY ORCHESTRA: The
Acting City Manager submitted a written report of the
City Manager, advising that the City was notified of a
Local Government Challenge Grant available through the
Virginia Commission for the Arts; that Local Government
Challenge Grant funds are available on a 50 - 50 matching
548
ACTION=
basis, 50 per cent state and 50 per cent local; and
application for the grant was made at the request of The
Arts Council of Roanoke Valley, Roanoke Symphony
Orchestra, and Mill Mountain Theater.
It was further advised that notification by the
Commission for the Arts has been received that a grant of
$2,000.00 is available; that the grant will supplement
funds already appropriated from the City to the
organization through the Citizens' Services Committee;
that local funds will meet the 50 - 50 match; and grant
funds of $2,000.00 will be distributed to The Arts
Council of Roanoke Valley, Roanoke Symphony Orchestra,
and Mill Mountain Theater.
The City Manager recommended that Council accept a
$2,000.00 grant from the Virginia Commission for the
Arts; that Council authorize appropriation of $2,000.00
to accounts to be established by the Director of Finance
in the Grant Fund; and that the City Manager, or his
designee, be authorized to execute the Local Government
Challenge Grant on behalf of the City of Roanoke.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31148-081092) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 116.)
Mr. Musser moved the adoption of Ordinance No.
31148-081092. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers .... 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
Mr. Musser offered tl~e following resolution:
549
l!
ACTION:
(#31149-081092) A RESOLUTION authorizing the
acceptance of a grant from the Virginia Commission for
the Arts.
(For full text of Resolution, see Resolution Book No. 54,
page 117.)
Mr. Musser moved the adoption of Resolution No.
31149-081092. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers .... 5.
NAYS: None .... 0.
(Council Members Bowles and White were absent.)
STREET NAMES-COMMUNITY HOSPITAL: The Acting City
Manager submitted a written report of the City Manager,
advising that Mountain Avenue, S. E., between Jefferson
Street and First Street was closed, pursuant to Ordinance
No. 26850 adopted by Council on January 16, 1984; that
First Street, S. E., between Mountain Avenue and Highland
Avenue was closed, pursuant to Ordinance No. 25302
adopted by Council on September 26, 1980; and both street
closings were pursuant to the request of Community
Hospital of Roanoke Valley.
It was explained that Section 30-34 of The Code of
the City of Roanoke (1979), as amended, authorizes the
City Manager to recommend to City Council changes in
existing names of streets, both private and public; and
Carilion Health System has requested a change in the name
of certain closed portions of Mountain Avenue and First
Street, S. E., to Reid Drive in honor of William R. Reid,
retired President of Co~nunity Hospital.
The City Manager recommended that Council authorize
changing the name of previously closed portions of
Mountain Avenue and First Street, S. E., to Reid Drive.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
550
ACTION:
(#31150-081092) A RESOLUTION changing the name of
previously closed portions of Mountain Avenue and First
Street, S. E., to Reid Drive.
(For full text of Resolution, see Resolution Book No. 54,
page 117.)
Mr. Harvey moved the adoption of Resolution No.
31150-081092. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers --5.
NAYS: None --0.
(Council Members Bowles and White were absent.)
BUDGET-ZONING-ARCHITECTURALREVIEW BOARD-CONSULTANTS
REPORTS: The Acting City Manager submitted a written
report of the City Manager, advising that architectural
design guidelines are needed to assist the Architectural
Review Board and the public in developing and reviewing
projects located within the City's historic districts;
that illustrated guidelines will compliment the City's
Zoning Ordinance and provide clear examples of
appropriate rehabilitation and construction within the
districts; that the need for guidelines was emphasized by
the public during recent Planning Commission and Council
hearings on the H-2, Neighborhood Preservation District;
and the Architectural Review Board has recognized the
need for such guidelines for some time, and funding has
been recommended in past supplemental budget requests.
It was further advised that proposals for
architectural design guidelines were requested on May 15,
1992; that four proposals were received and all four
firms were interviewed; that Land and Community
Associates of Charlottesville was selected as the most
qualified to undertake the project; that a contract was
negotiated to provide services for a fee of $45,000.00
($30,000.00 professional services and $15,000.00 printing
costs); and scope of services include the following: (1)
printed architectural design guidelines for the H-I,
Historic District (City Market & Warehouse District) and
H-2, Neighborhood Preservation District (Old Southwest,
and parts of Hurt Park and Mountain View neighborhoods);
(2) brochures for each district that summarize guidelines
551
ACTION=
ACTION:
which can be distributed to property owners and
developers; (3) training workshops for the Architectural
Review Board and property owners; and (4) community
participation in the development of guidelines.
The City Manager recommended that he be authorized
to enter into an agreement with Land and Community
Associates of Charlottesville for services as
abovedescribed; and that $33,000.00 be appropriated from
the year-end fund balance to Account No. 001-052-8110-
2010.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31151-081092) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 118.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31151-081092. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
Mr. Fitzpatrick offered the following resolution:
(#31152-081092) A RESOLUTION authorizing the
execution of a contract with Land and Community
Associates of Charlottesville, Virginia, to provide
professional planning services, specifically to develop
architectural design guidelines for historic districts.
(For full text of Resolution, see Resolution Book No. 54,
page 119.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31152-081092. The motion was seconded by Mr. McCadden
and adopted by the following vote:
552
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers ---5.
NAYS: None,
(Council Members Bowles and White were absent.)
ROANOKE CIVIC CENTER-EQUIPMENT: The Acting City
Manager submitted a written report of the City Manager,
advising that three bids were received on June 8, 1992,
for air conditioning of the team rooms at the Roanoke
Civic Center, with H.T.F. Mechanical Services submitting
the low bid in the amount of $17,145.00 and 30
consecutive calendar days; and Council awarded a contract
to H.T.F. Mechanical Services, pursuant to Ordinance No.
31078-062292, adopted on June 22, 1992, and rejected all
other bids received by the City.
It was further advised that H.T.F. Mechanical
Services submitted a certified check in the amount of
$17,145.00, or 100 per cent of the bid price, for the
performance bond; that when asked to submit 100 per cent
for labor and materials payment bond, the contractor
stated that he was financially unable to submit two
certified checks for the contract amount and could not
obtain bonding; and when the City suggested that the
contractor have his bank issue a letter of credit for the
performance bond and the labor and materials bond, the
City was notified that banking services for H.T.F. are
handled through a savings bank which does not issue
letters of credit.
It was explained that S. J. Conner and Sons, Inc.,
submitted the next lowest bid in the amount of $17,340.00
and 30 consecutive calendar days as specified; that S. J.
Conner can provide the required bonds and the company has
agreed to honor its bid quotation; and bid bonds, in the
form of certified checks, were returned to the three
bidders after Council accepted the low bid on June 22,
1992, but before it was known that H.T.F. Mechanical
Services could not post the necessary performance bond
and the labor and materials payment bond.
The City Manager recommended that Council repeal
Ordinance No. 31078-062292, which awarded a contract to
H.T.F. Mechanical Services, in the amount of $17,145.00;
that the City Manager be authorized to enter into a
contractual agreement, in a form approved by the City
Attorney, with S. J. Conner and Sons, Inc., to provide
and install air conditioning and related work for the
team rooms at the Roanoke Civic Center, in accordance
553
Ii
ACTION:
with contract documents as prepared by the City Engineer,
in the amount of $17,340.00 and 30 consecutive calendar
days for completion of the work; and funding for the
project has already been appropriated to Account No. 005-
050-8636-9003.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following emergency
ordinance:
(#31153-081092) AN ORDINANCE repealing Ordinance
No. 31078-062292, which accepted the bid of H.T.F.
Mechanical Services, Inc., to provide and install air
conditioning and perform related work for the team rooms
at the Roanoke Civic Center Coliseum; accepting the bid
of S. J. Conner and Sons, Inc., to provide and install
air conditioning and perform related work for the team
rooms at the Roanoke Civic Center Coliseum, upon certain
terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 120.)
Mr. McCadden moved the adoption of Ordinance No.
31153-081092. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers ........ 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
DIRECTOR OF FINANCE:
AUDITS-FINANCIAL REPORTS: The Director of Finance
submitted the Financial Report for the City of Roanoke
for the month of June, 1992.
(For full text, see Financial Report on file in the City
Clerk's Office.)
554
ACTION:
Mr. Harvey moved that the Financial Report be
received and filed. The motion was seconded by Mr.
McCadden and adopted.
BUDGET-DIRECTOR OF FINANCE-AUDITS/FINANCIALREPORTS:
The Director of Finance submitted a written report with
regard to the financial condition of the City of Roanoke
for fiscal year 1992, advising that the City's revenue
estimate from all sources within the General Fund for
fiscal year 1992 was $153,258,386.00, while the City's
actual collections were $155,014,256.00, a positive
variance of $1,755,870.00 or 1.14 per cent above the
revenue estimate, but only a .93 per cent increase over
the actual revenue received in the previous fiscal year.
The Director of Finance explained that per the
provisions established by Ordinance No.26292 adopted on
December 6, 1982, establishing a reserve for Capital
Maintenance and Equipment Replacement Program (CMERP),
the amount designated for fiscal year 1992 is
$3,471,620.00 which equals 2.17 per cent of General Fund
appropriations totaling $160,257,392.00 for fiscal year
1992; and the following allocation has been calculated
based on the revenue allocation model used for the fiscal
year 1992-93 budget:
Designated 1992 CMERP -
City Administration
School Administration
$2,186,531.00
1,285,089.00
Mr. Schlanger advised that the above allocation
would leave no undesignated funds at year end; and this
year's CMERP represents 2.17 per cent of the General Fund
budget compared to 0.09 per cent last fiscal year and
1.55 per cent for the year ending June 30, 1990.
The Director of Finance presented an explanation of
variances in certain major revenue categories, summarized
as follows:
*General Property Taxes
Total estimated revenue was $50,536,300.00 and
actual collections were $52,533,915.00.
*Other Local Taxes
The City actually collected .97 per cent less than
the previous fiscal year. Total estimate was
$38,284,556.00 and actual collections were
555
ACTION:
$38,061,138.00, or a negative 0.58 per cent variance
under estimate. Sales tax decreased 3.16 per cent over
last year and fell short of the adjusted revenue estimate
by .28 per cent. Utility tax collections were a positive
0.38 per cent compared to fiscal year 1991 and the City
collected 101.09 per cent of its estimate. Business
licenses declined 3.39 per cent over last fiscal year and
under perfprmed the City's estimate by 5.75 per cent.
The prepared food and beverage tax performed better than
expected showing a 4.32 per cent growth over last fiscal
year but exceeded the City's estimate by only .67 per
cent. Admissions tax dropped 6.69 per cent and fell
short of the City's estimate by 10.49 per cent. Motor
vehicle licenses had the small~st growth for the past
four fiscal years of only .08 per cent but exceeded the
City's revenue estimate by .21 per cent; and the
transient room tax fell 11.5 per cent under the revenue
estimate.
*Permits~ Fees and Licenses
Actual revenue received was 9.4 per cent more than
the City's original estimate.
*Expenditure~
Total expenditures and encumbrances for fiscal year
1992 were $158,005,585.00, or 1.41 per cent less than
Council authorized which reflects the slowing down of
expenditures by the City Manager due to the uncertainty
of the revenue picture.
The Director of Finance advised that the figures
contained in the report are unaudited and subject to
change; that they are being released for planning
purposes only; and audited figures will be available in
late September at which time they will be reported to
Council in order to take whatever actions are deemed
necessary in the best interest of the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden moved that the report be received and
filed. The motion was seconded by Fitzpatrick and
adopted.
556
ACTION:
REPORTS OF COMMITTEES:
EASEMENTS-WATER RESOURCES-CITY PROPERTY-STREETS AND
ALLEYS: Council Member Elizabeth T. Bowles, Chairperson
of the Water Resources Committee, presented a written
report on behalf of the Committee with regard to the
vacating and abandoning an unused portion of the Falling
Creek Reservoir access road.
A staff report advised that access to Falling Creek
Reservoir property, prior to construction of Section 6,
Falling Creek Subdivision, was via a 30 foot wide roadway
access easement from the end of Laurel Glen Lane; and
dedication of Horsepen Mountain Drive in Section 6,
Falling Creek Subdivision, which extends in a
northeasterly direction from Laurel Glen Lane crossing
the City's access easement approximately 700 feet closer
to the reservoir property, has caused that particular 700
foot segment of the easement to be unnecessary and
unused.
It was further advised that a request of the City to
close and abandon the now unused segment of the access
easement has been received from Cindy F. Ross, 4008
Horsepen Mountain Road, whose property is affected by
said easement; that the Water Department has not used
this segment of access easement for several years and has
no objection to its abandonment; and abandonment of
access easement will remove liability and potential
maintenance problems for the City.
The Water Resources Committee recommended that
Council authorize the City Manager to execute appropriate
documentation, in a form approved by the City Attorney,
to vacate and abandon an unused portion of the Falling
Creek Reservoir Access Road.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the following ordinance
be placed upon its first reading:
(#31154) AN ORDINANCE providing for the vacation of
an unused portion of the Falling Creek Reservoir Roadway
Access Easement, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 125.)
557
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers ............ 5.
NAYS: None
(Council Members Bowles and White were absent.)
STATE HIGHWAYS-BRIDGES-CITY PROPERTY: Council
Member Elizabeth T. Bowles, Chairperson of the Water
Resources Committee, presented a written report on behalf
of the Committee with regard to street right-of-way
needed for the Fifth Street Bridge.
A staff report advised that Council, on April 28,
1986, unanimously adopted Resolution No. 28109, which
requested that the Virginia Department of Transportation
program a project for the replacement of the Fifth Street
Bridge over Norfolk Southern Railroad; that location and
design of the project was approved by Council on
September 17, 1990, pursuant to Resolution No. 30232-
091790; and the Virginia Department of Transportation
then proceeded with final design and right-of-way
acquisition.
It was further advised that the Fifth Street project
is now ready to be advertised by the Virginia Department
of Transportation for construction in September 1992
which is ahead of schedule; that the work can be
completed within several months and without delaying the
start of construction for the Second Street/Gainsboro
Road project which is now projected to begin in late
1993; that the agreement associated with these two
highway projects between the City, the Virginia
Department of Transportation and Norfolk Southern Railway
is expected to be finalized before September which will
involve the relocation of Norfolk Southern's overhead
signal, communication, and motive power facilities from
overhead to underground in railroad right-of-way from
Fifth Street to First Street; that the cost will be
divided evenly between the two projects, with the City
expected to pay its two per cent share; and aesthetics in
the area will greatly benefit from such action.
It was explained that traffic will need to use
alternate routes such as First Street Bridge, Second
Street and Tenth Street Bridge during the Fifth Street
Bridge Project; that a request to convey, by special
warranty deed for nominal consideration, portions of two
558
ACTION:
City-owned parcels, Nos. 003-009, which are needed for
the project has been received from the Virginia
Department of Transportation; that parcel 003 is located
on the northwest corner of the intersection of Fifth
Street, and Norfolk Avenue which was acquired by the City
as a part of the Kroger Bakery property that was donated
to the City; that parcel 009 is located on the southwest
corner of the intersection of Fifth Street, N. W., and
Shenandoah Avenue, which was acquired by the City to be
cleared and to improve the intersection; and the amount
of property to be acquired from parcel 003 is
approximately 658 square feet, along with a 1,336 square
foot temporary construction easement; and the amount of
property to be acquired from parcel 009 is approximately
1,337 square feet, along with a 1,269 square foot
temporary construction easement.
The Water Resources Committee recommended that
Council authorize conveyance, by special warranty deed
for nominal consideration, portions of two City-owned
lots identified as Official Tax No. 1110713, Lot 14,
Block 1, Official Survey SW-1, and Official Tax No.
2014008, Lot 8, Block 23, Rogers, Fairfax and Houston,
together with certain temporary construction easements
for use as street right-of-way for replacement of the
Fifth Street Bridge.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. McCadden moved that the following ordinance be
placed upon its first reading:
(#31155) AN ORDINANCE providing for the dedication
of portions of Official Tax Nos. 1110713 and 2014008 to
the Commonwealth of Virginia, Department of Transporta-
tion for use as street right-of-way needed for replace-
ment of the Fifth Street Bridge, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 125.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
559
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers- - ....... 5.
NAYS: None 0.
(Council Members Bowles and White were absent.)
CITY PROPERTY-ROANOKE NEIGHBORHOOD PARTNERSHIP:
Council Member Elizabeth T. Bowles, Chairperson of the
Water Resources committee, presented a written report on
behalf of the Committee, with regard to the sub-lease of
City-owned property located at 1916 Memorial Avenue,
$. W., to the Greater Raleigh Court Civic League, Inc.
A staff report advised that the lease to the Greater
Raleigh Court Civic League, Inc., of the former
recreation center at 1916 Memorial Avenue, $. W., was
authorized pursuant to Ordinance No. 27736, adopted on
August 12, 1985; that terms of the lease provided for an
initial five-year term extendable on a year to year basis
thereafter by mutual agreement of the parties; that
assignment of the lease is provided for after prior
written consent of the lessor; that the sublease of
public properties, such as the Gish House and the former
No. 6 Fire Station property, on Jamison Avenue, S. E. has
been authorized; and all such sub-lessees have been not-
for-profit service organizations or tenants to live on
the property.
It was further advised that a request to sub-lease
property has been received from the Greater Raleigh Court
Civic League; that the sub-lessee is proposed to be an
architectural firm, subject to the following conditions:
(1) the building is to remain as the meeting place of the
Greater Raleigh Court Civic League, (2) no permanent
partitions are to be installed, (3) the sub-lease will be
on a year-to-year basis, (4) minimum City-approved
signage, (5) income from the sub-lease to be used to
further the goals of the League; and no revenue will be
produced for the City by the lease.
The Water Resources Committee recommended that
Council decline to authorize the sub-lease of property
located at 1916 Memorial Avenue, S. W., by the Greater
Raleigh Court Civic League, Inc.
(For full text, see reports on file In the City Clerk's
Office.)
560
ACTION:
ACTION:
Mr. Fitzpatrick moved that Council concur in the
recommendation. The motion was seconded by Mr. Harvey
and adopted.
Mr. Harvey called attention to the need to develop
a method of offsetting the cost of utilities for
neighborhood organizations that lease City facilities for
neighborhood purposes, and requested that the City
Manager review the matter and report to Council
accordingly.
Mr. Kiser advised that the matter is under review,
and a report will be submitted to Council in the near
future.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ROANOKE VALLEY RESOURCE AUTHORITY-REFUSE COLLECTION:
Ordinance No. 31122-0810~2 affirming and ratifying
certain agreements with the Roanoke Valley Resource
Authority and acknowledging issuance of the Authority's
Solid Waste System Revenue Bonds, Series 1992, in
connection with said agreements, having previously been
before the Council for its first reading on Monday,
July 27, 1992, read and adopted on its first reading and
laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final
adoption:
(#31122-081092) AN ORDINANCE affirming and
ratifying certain agreements with the Roanoke Valley
Resource Authority and acknowledging the issuance of the
Authority's Solid Waste System Revenue Bonds, Series 1992
in connection with the agreements.
(For full text of Ordinance, see Ordinance Book No. 54,
page 104.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31122-081092. The motion was seconded by Mr. McCadden.
Mr. Musher objected to the way in which the matter
was handled by Roanoke County, especially in view of
advice by the City's Director of Finance which was
pertinent, applicable and would have saved money for
taxpayers of the entire Roanoke Valley. (See minutes
under date of July 27, 1992.) He stated that he was
aware of the need for four positive votes in order for
561
,!
Ordinance No. 31122-081092 to pass and, therefore, he
would cast his vote in the affirmative; however, he did
not want his affirmative vote to infer that his position
had changed since he voted on Ordinance No. 31122-081092
on its first reading on Monday, July 27, 1992.
Mr. Harvey advised that he intended to vote against
Ordinance No. 31122-081092 inasmuch as the City's
Director of Finance was correct in his analysis of the
situation.
Mr. McCadden registered displeasure over the way
that the matter was handled by Roanoke County; however,
he stated that he was aware of the necessity to proceed,
therefore, he would change his vote in order that
Ordinance No. 31122-081092 would receive a sufficient
number of votes for passage.
Ordinance No. 31122-081092 was adopted, on its
second reading, by the following vote:
AYES: Council Members McCadden, Musser, Fitzpatrick
and Mayor Bowers- 4.
NAYS: Council Member Harvey 1.
(Council Members Bowles and White were absent.)
PURCHASE/SALE OF PROPERTY-ARCHITECTURAL REVIEW
BOARD-CITY PROPERTY: Ordinance No. 31138 providing for
the sale and conveyance of City-owned property located at
118, 120, 122 and 124 Campbell Avenue, S. W., to Roger R.
Neel, Jr., and Thomas E. Wallace, upon certain terms and
conditions, having previously been before the Council for
its first reading on Monday, July 27, 1992, read and
adopted on its first reading and laid over, was again
before the body.
The Mayor advised that action on Ordinance No. 31138
would be deferred until the next regular meeting of
Council on Monday, August 24, 1992.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COS~ENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 8:25 p.m., the Mayor declared the meeting in
recess.
562
ACTION'.
ACTION:
At 9:40 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Members Bowles and White.
COUNCIL: With respect to the Executive Session just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
Fitzpatrick and Mayor Bowers --5.
NAYS: None
(Council Members Bowles and White were absent.)
ROANOKE ARTS COMMISSION: The Mayor advised that
there is a vacancy on the Roanoke Arts Commission,
created by the resignation of Richard L. Meagher, and
called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Ann D.
Masters.
There being no further nominations, Ms. Masters was
elected as a member of the Roanoke Arts Commission, for
a term ending June 30, 1995, by the following vote:
FOR MS. MASTERS: Council Members Harvey, McCadden,
Musser, Fitzpatrick and Mayor Bowers ---5.
(Council Members Bowles and White were absent.)
CONVENTION AND VISITORS BUREAU-VIRGINIA TECH-HOTEL
ROANOKE CONFERENCE CENTER: The Mayor called attention to
provisions of the Agreement dated July 24, 1992, by and
between the Roanoke Valley Convention and Visitors Bureau
(RVCVB) and the City of Roanoke for assistance by RVCVB
in marketing the proposed new Hotel Roanoke Conference
Center in which it is provided that City Council shall
appoint one of its members and one other person as
members of the Board of Directors of RVCVB to serve at
the pleasure of City Council, the matter was before the
body.
563
ACTION:
ACTION:
ACTION:
Mr. Harvey placed in nomination the name of
J. Granger Macfarlane.
There being no further nominations, Mr. Macfarlane
was elected as a member of the Roanoke Valley Convention
and Visitors Bureau, Board of Directors, to serve at the
pleasure of Council, by the following vote:
FOR MR. MACFARLANE: Council Members Harvey,
McCadden, Musser, Fitzpatrick and Mayor Bowers --5.
(Council Members Bowles and White were absent.)
LIBRARIES: The Mayor advised that there is a
vacancy on the Roanoke Public Library Board, created by
the resignation of Delvis O. McCadden, and called for
nominations to fill the vacancy.
Mr. McCadden placed in nomination the name of
Bonnie A. Nethery.
There being no further nominations, Ms. Nethery was
elected as a member of the Roanoke Public Library Board,
to fill the unexpired term of Delvis O. McCadden, ending
June 30, 1995, by the following vote:
FOR MS. NETHERY: Council Members Harvey, McCadden,
Musser, Fitzpatrick and Mayor Bowers ................. 5.
(Council Members Bowles and White were absent.)
Inasmuch as Ms. Nethery is not a resident of th~
City of Roanoke, Mr. McCadden moved that the City
residency requirement for persons serving on authorities,
boards, commissions and committees appointed by the
Council be waived in this instance. The motion was
seconded by Mr. Musser and adopted.
ROANOKE CIVIC CENTER: The Mayor advised that there
is a vacancy on the Roanoke Civic Center Commission,
created by the resignation of Delvis O. McCadden, and
called for nominations to fill the vacancy.
Mr. McCadden placed in nomination the name of
Melinda J. Payne.
There being no further nominations, Ms. Payne was
elected as a member of the Roanoke Civic Center
Commission, to fill the unexpired term of Delvis O.
McCadden, ending September 30, 1994, by the following
vote:
564
ACTION:
ACTION:
ACTION:
ACTION:
FOR MS. PAYNE: Council Members Harvey, McCadden,
Musser, Fitzpatrick and Mayor Bowers 5.
(Council Members Bowles and White were absent.)
FLOOD REDUCTION/CONTROL: The Mayor advised that the
terms of Kathy S. Hill and Harold L. Shaffer as members
of the Flood Plain Committee expired on June 30, 1992,
and called for nominations to fill the vacancies.
Mr. McCadden placed in nomination the names of
Kathy S. Hill and Harold L. Shaffer.
There being no further nominations, Ms. Hill and Mr.
Shaffer were reelected as members of the Flood Plain
Committee, for terms of one year each, ending June 30,
1993, by the following vote:
FOR MS. HILL AND MR. SHAFFER: Council Members
Harvey, McCadden, Musser, Fitzpatrick and Mayor
Bowers 5.
(Council Members Bowles and White were absent.)
ROANOKE ARTS COMMISSION: The Mayor advised that the
three-year term of Melody S. Stovall as a member of the
Roanoke Arts Commission expired on June 30, 1992, and
called for nominations to fill the vacancy.
Mr. McCadden placed in nomination the name of
Melody S. Stovall.
There being no further nominations, Ms. Stovall was
reelected as a member of the Roanoke Arts Commission, for
a term of three years, ending June 30, 1995, by the
following vote:
FOR MS. STOVALL: Council Members Harvey, McCadden,
Musser, Fitzpatrick and Mayor Bowers ............ 5.
(Council Members Bowles and'White were absent.)
Inasmuch as Ms. Stovall is not a resident of the
City of Roanoke, Mr. McCadden moved that the City
residency requirement for persons serving on authorities,
boards, commissions and committees appointed by the
Council be waived in this instance. The motion was
seconded by Mr. Musser and adopted.
565
There being no further business,
meeting adjourned at 9:45 p.m.
A p P ROVE D
the Mayor declared the
ATTEST:
City Clerk
Mayor
566
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
August 24, 1992
7:00 p.m.
The Council of the City of Roanoke met in regular session in
the Gymnatorium of the Monterey Elementary School, 4501 Oliver
Road, N. E., on Monday, August 24, 1992, at 7:00 p.m., with Mayor
David A. Bowers presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended; and pursuant to Resolution No. 30223-082790,
adopted by Councll on Monday, August 27, 1990.
PRESENT: Council Members Howard E. Musser, William White,
Sr., Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G.
Harvey, II, Delvis O. McCadden and Mayor David A. Bowers .... 7.
ABSENT: None
e
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend H. Kelly
Dampeer, Pastor, Oakland Baptist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT: The Mayor introduced
Virginia Skyline Girl Scout Council representatives who
participated in the International Friendship Camp in
England from July 30 to August 19, 1992. He commended
the Girl Scouts for their participation and presented
each participant with a City of Roanoke logo pin and an
aerial photograph of the Roanoke Valley.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routins by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council.
567
ACTION:
ACTION:
Mr. Harvey requested that Item C-3, a report of the
City Manager with regard to increased enforcement of the
"dog leash law" be withdrawn from the Consent Agenda and
considered in connection with a report of the City
Attorney with regard to his review of the dangerous and
vicious dog ordinance which was scheduled to be heard
under the City Attorney's section of the agenda.
It was the consensus of Council to approve Mr.
Harvey's request to consider Item C-3 under the City
Attorney's reports.
MINUTES: Minutes of the regular meetings of Council
held on Monday, April 6, 1992, Monday, April 13, 1992,
and Monday, April 20, 1992; the public interviews of
School Board candidates held on Tuesday, April 21, 1992;
and the regular and special meetings held on Monday,
April 27, 1992, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers 7.
NAYS: None 0.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Harvey and adopted by the following vote:
568
ACTION:
ACTION:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers 7.
NAYS: None
LIBRARIES: A report of qualification of Bonnie A.
Nethery as a member of the Roanoke Public Library Board,
for a term ending June 30, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be receiw,d and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers 7.
NAYS: None 0.
PLANNING-FIFTH DISTRICT PLANNING COMMISSION: A
report of qualification of Delvis O. McCadden as a member
of the Fifth Planning District Commission, to fill the
unexpired term of William White, Sr., ending June 30,
1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None--
e
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
DOWNTOWN ROANOKE, INCORPORATED: A request of
Downtown Roanoke, Inc., to present an update on
activities and accomplishments during the past year and
plans for the coming year regarding downtown Roanoke
development efforts, was before Council.
569
Mr. William H. Fulton, President, Downtown Roanoke,
Inc., appeared before Council and advised that over the
last 12 months, three new structures have been completed
in downtown Roanoke, as well as two building expansion
projects and 27 existing building rehabilitations or
renovations, with all projects collectively representing
over $7.6 million of new private sector reinvestment in
the Downtown Service District. He further advised that
30 new businesses have located in downtown Roanoke during
the past year, thereby creating 310 new jobs.
(For full text of Mr. Fulton's remarks, see statement on
file in the City Clerk's Office.)
Mr. McCadden moved that the statement be received
and filed. The motion was seconded by Mr. Musser and
unanimously adopted.
CITY EMPLOYEES-PAY PLAN-PENSIONS: A request of Mr.
Robert L. Henderson to address Council on behalf of a
delegation of Roanoke City employees with regard to
concerns in connection with the revised pay plan and the
City Manager's recently announced focus group process,
was before Council.
The Mayor advised that in addition to Mr. Henderson,
approximately ten persons had registered to speak, and
requested that each speaker limit their remarks to five
minutes.
Mr. Robert L. Henderson, 3697 Bower Road, S. W., a
City employee, advised that it had been two months since
a delegation of Roanoke City employees appeared before
Council to voice their objection to the City's pay plan,
and during those 60 days, a number of developments have
occurred which compel City employees to again address
Council. He further advised that first and foremost was
implementation of revisions to the pay plan on July 1,
1992, which revisions w~re portrayed as solutions to the
problems of pay compression and salary leaping. He
explained that 951 City employees with less than seven
years of service were granted pay increases of up to 25
per cent of their salary, depending on the number of
years they have worked for the City, and 862 employees
with more than seven years of service received a three
per cent increase, regardless of the number of years they
have been employed by the City. He added that with the
proposed revisions in place, pay compression still
exists, except that employees are now in the middle of
the pay scale rather than at the bottom; that gross
inequities still exist for employees in similar jobs, and
570
in specific instances, new inequities have been created
because of adjusted wages for those employees with fewer
than seven years of service. He submitted that it is
unfair for one-half of all City employees to receive a
significant raise, while the other one-half receives an
insignificant increase, especially when such increase
clearly favors those employees with less than seven years
of service. He advised that the end result is that City
employees are now divided into two groups on the basis of
pay and seniority.
Mr. Henderson explained that representatives were in
attendance from 14 different departments, and by their
presence, they were registering concern over an
inequitable pay plan. He pointed out that City employees
have been told that they must be patient and
understanding; that employees were forced to assign
certain priorities in order to make decisions about their
personal finances; and City employees were understanding
in fiscal year 1991-92 when revenue shortfalls caused
their salaries to be frozen. He added that employees
have tried to be understanding when Council has stated
that there are certain matters that occupy a higher
priority than compensation; however, it is difficult to
be understanding when top City officials award themselves
the most lucrative retirement plan of any city in the
entire state.
Mr. Henderson advised that concerns no longer
pertain just to the City's revised pay plan and the
pension issue; that in the last 60 days concerns have
arisen with regard to trust and credibility -- trust that
the public gives to each elected official when they are
voted into office -- trust that employees place in their
employer that they will receive a fair wage for each day
of work -- and credibility in representing the best
interest of the people. In closing, he stated that City
employees will work on developing patience and
understanding if elected officials will work on
developing credibility and trust.
Mr. Clarence R. Martin, 155 Huntington Boulevard,
N. E., a retired City employee, advised that in 1986,
Blue Cross/Blue Shield approached Roanoke City and
Roanoke County with a proposal to include retirees in a
group health insurance plan; that Roanoke County accepted
the proposal, however it was rejected by Roanoke City,
whereupon, he inquired as to the City's rationale for
rejecting the offer. On another matter, he stated that
instead of receiving a lump sum pension increase at the
beginning of the fiscal year, retirees would prefer to
571
have the amount of their increase calculated as a part of
their monthly pension check. He advised that the spouse
of a City retiree should be entitled to receive one-half
of the retirees pension upon the death of said retiree.
Mr. W. H. Highfield, Jr., 4213 Belle Aire Circle,
S.W., expressed concern over the most lucrative
retirement system in Virginia for the Members of City
Council and top administrators; two years toward
retirement for each year worked, a private deferred
compensation plan, and a City vehicle for use by the City
Manager which is also available for his private use, with
all of the abovestated bonuses being based on erroneous
figures of the City's Director of Fil,ance. He stated
that due to the recession, pay increases were limited for
City employees, with approximately one-half receiving
only three per cent, while at the same time articles
appeared in the Roanoke Times & World News advising of
ten per cent pay raises for City Council Appointees. He
urged that Council take corrective action and that all
City employees be treated fairly and equally.
Ms. Diane Poff, 2028 Mount Vernon Road, S. W., a
citizen of Roanoke, requested that Council rescind the
"two-for-one" pension and double retirement benefits
awarded to City Council and Council Appointees. She
advised that citizens of Roanoke would like to have
detailed responses to the following questions printed in
the Roanoke Times & World News and the Roanoke Tribune by
the next public meeting.
To Vice-Mayor Fitzpatrick, she directed
the following questions: What are all of the
legal options available? What are all of the
financial ramifications, both short term and
long term of each option? Why was there such
an apparent reluctance to take these issues,
which are of vital concern to the taxpayers of
Roanoke, directly to the Attorney General's
Office for a ruling?
To Council Member Musser, she addressed
the following question: According to the
August 20, 1992, Roanoke Times & World News,
article, Mr. Musser could not support a
proposal of the Vice-Mayor until he saw it.
She inquired if he has now seen the proposal,
and if so, what is his position?
572
To Council Member Harvey, she addressed
the following question: In 1989, Mr. Harvey
led a citizens group against unfair taxation,
advising that while the "two-for-one" pension
plan and double retirement had a purpose
relative to consolidation, after consolidation
was defeated, why did the "two-for-one"
pension plan and double retirement remain in
effect? She called upon Council Member Harvey
to make public the names of the City Council
members he referred to in his August 20, 1992,
statement in the Roanoke Times & World News,
in which he was quoted as saying that "Council
members were politically posturing" on this
issue. She asked Mr. Harvey if his current
position on the pension issue is in direct
conflict with a citizen's protest that he led
in 1989, and could it be that in 1989 he did
not benefit from the "two-for-one" proposal,
but now he does?
To Mayor Bowers, she advised that
according to the August 20, 1992, article in
the Roanoke Times & World News, he had not
formulated an opinion regarding the pension
plan; and yet during the campaign, he spoke
often about "taking back City Hall", noting
that by their presence this evening, citizens
of Roanoke are at the gates of City Hall for
the purpose of taking it back.
Ms. Poff stated that when elected, Council members
pledged to serve the citizens of Roanoke and not be
served by the citizens, and Roanoke has no silver trays
upon which to place Council members and their special
pension deals, which the majority of City employees
received only three per cent pay raises and a select few
received ten per cent raises, while schools are
underfunded, while health care services need to be
increased, while many citizens are either underemployed
or unemployed, or while homeless citizens walk the
streets of Roanoke.
Ms. Poff advised that if it is indeed impossible to
repeal Council's action on the "two-for-one" pension
benefit, she would call upon Council and all top
officials covered by the pension plan to state in writing
that they will personally refuse to accept the "two-for-
one" pension benefit. She pointed out that Council's
positive leadership and swift action by individually
declining to accept the "two-for-one" pensions would
573
solve all legal problems and relieve taxpayers of the
fiscal neglect that Council Members caused by actions
which were taken in July 1989 and in May 1992.
Mr. Victor L. Hamblin, 4117 Twin Mountain Drive,
Vinton, Virginia, the spouse of a City employee, advised
that in the last 90 to 120 days, his confidence in City
Council and the City Administration has reached an all-
time low. He stated that his wife is a 19 year City
employee in the Social Services Department, and she is
the sole breadwinner in his home inasmuch as he is unable
to work because of ill health. He explained that his
wife's salary was frozen in 1991-92, that this year they
were looking forward to a pay increase, however, she
received only a three per cent merit raise for which she
has worked two and one-half years. He expressed concern
over the pay issue and implementation of the City's pay
plan. He added that his family cannot continue to exist
on his wife's current salary while a select few receive
special pension benefits and ten per cent or more pay
increases. He referred to other programs or projects in
the City which are necessary and have been funded by
Council; such as the C.O.P.E. Teams, or new weaponry for
the Police Department or upgrading three to five
lieutenants in the Police Department because of certain
internal problems, or addition of three to five new
sergeants in the Police Department because of certain job
problems while overall, City employees have had to
suffer.
Mr. Donald F. Wallace, 503 Hershberger Road, N. W.,
a City employee, spoke against the "two-for-one" pension
benefit and the ten per cent pay raise for Council
Appointees. He stated that he works with a person who
has been employed by the City for two years who received
a 15.5 per cent pay raise, while he received less than
three per cent, and he is charged with the responsibility
of supervising the work of this employee. He further
stated that he has not received a merit increase in over
ten years; that the pay increase was unfair; and within
City government who one associates with in his department
determines the amount of one's pay increase. He stated
that it was his intent to retire in the near future;
however, retirement is out of the question in view of
recent information he received from the Finance
Department that his monthly allotment will be only
$500.00, while some City employees will receive between
$40,000.00 and $50,000.00 per year in retirement
benefits.
574
Mr. William L. Nullins, Hollyhock Road, N. W.,
advised that he echoed the remarks of Ns. Poff inasmuch
as the "two-for-one" pension benefit should be rescinded.
He stated that based upon his calculations, financial
costs to the City would be $321,000.00 times 15 years,
assuming that all persons who participate In the plan
complete the first 15 years and retire, and the second 15
years would cost the City a premature pension expense of
approximately $4,815,000.00. In addition, he stated that
the annual interest expense on the payout each year would
cost the City in the range of $288,900.00 over a 15 year
period. Also, he added that individuals in the pension
plan who have already retired would generate a total
premature expense of $5,803,000.00. He asked that
Council respond to the following questions:
Did City Council in adopting the
"two-for-one" pension benefit for
itself, an elected group with a
fixed term, and for the City's top
officials, an appointed group with a
contract period, violate any
provisions of the City
Charter/Constitution when it
extended a past/future benefit
beyond the present term/appointment?
Did the two parties unknowingly
enter into an invalid contract
agreement?
Does the "two-for-one" benefit
violate the rights of other City
workers under the Fourteenth
Amendment to the United States
Constitution?
Ms. Brenda Rutherford, 2733 Bobwhite Drive, S. W.,
advised that as elected officials, Council's best
judgement, integrity and decisions are expected. She
stated that City Council should be held accountable for
making decisions without the full knowledge of all costs
involved. She asked that Council place itself in the
shoes of City employees who are not receiving the "two-
for-one" pension benefit.
Ms. Pernella Chubb Wilson, 3045 Willow Road, N. W.,
spoke in opposition to City officials hiring persons from
outside of the City of Roanoke to fill positions that
could be filled by well qualified City employees,
advising that taxpayers of the City of Roanoke should
575
receive first consideration for Jobs before hiring
persons who reside elsewhere. She stated that she is
also tired of seeing qualified teachers being degraded
and leaving the City's school system. She added that
there are weapons in the schools, that teachers are being
assaulted and abused every day, and training should start
in the home. She advised that teachers should be number
one and the Police Department should be number two on the
City's list of priorities, and firefighters deserve a
raise. She stated that equal employment should prevail,
and the most qualified persons should be hired for jobs,
regardless of race.
Mr. Edward $. Allen, 3411 Frontier Road, N. W.,
advised that he has served the City of Roanoke in various
volunteer capacities over the years; however, when he
read articles in the Roanoke Times & World News with
regard to the "two-for-one" pension benefit, he
considered resigning from his volunteer positions in view
of the fact that he has served the City for many years
without pay.
Mr. Walter W. Lambert, 217 V Avenue, N. E., a
retired City employee, advised that he worked for the
City for 35 years; that when his contributions to the
City's retirement system were returned, he received only
two per cent interest when, in all likelihood, the money
was earning 16 per cent interest for the City. He s~ated
that citizens of Roanoke should be aware of how unfairly
City employees have been treated over the years and
conditions have not improved today.
Mr. Dalton W. Swanson, 323 Troy Avenue, N. E., a
retired City employee, advised that he retired from the
Fire Department last year with 43 years of service. He
stated that in 1991, the City offered a special pension
incentive and many City employees took advantage of the
opportunity to retire; however, some employees were
forced to work until July 2, so that the City would not
have to fund a three per cent increase on their pension
benefits this year. He also called attention to the fact
that the City currently has three pension plans in
effect.
Mr. Robert Gravely, 1506 Aspen Street, N. W., a City
employee advised that City employees in the lower pay
grades are treated unfairly in relation to job openings,
as well as promotions, and the City has an unfair hiring
practice for certain positions. He stated that City
employees are also taxpayers, they should be treated
fairly, and a change must come from Council.
576
Mr. William L. Proffitt, 3545 Greenland Avenue,
N. W., advised that he did not understand why certain
City employees received a ten per cent pay raise, as well
as the "two-for-one" pension benefit, while other
employees received only a three per cent increase. He
added that many citizens of the City of Roanoke have lost
their jobs, and it is ridiculous for certain City
officials to accept a ten per cent raise which represents
robbery and fraud. He asked that Council take into
consideration the wishes of the taxpayers by rescinding
the "two-for-one" pension benefit. He commended the
Sanitation Department for the quality of service they
render to the citizens of Roanoke.
Mr. John T. Briscoe, 1732 Westover Avenue, S. W., a
City employee, asked that all City employees be treated
fairly, and requested that Council do the right thing by
all of its employees by abolishing the "two-for-one"
pension benefit and revising the pay plan in order to
treat all employees equally and fairly.
The Reverend Charles T. Green, 1731 Hanover Avenue,
N. W., advised that when coDsolidation was discussed, the
"two-for-one" pension benefit surfaced. He questioned
why part-time employees should be allowed to receive a
"two-for-one" pension package, or a medical plan, or a
retirement plan of any kind. He stated that Council
Members are part-time employees, that they were not
hired, but elected by the citizens of Roanoke, and
requested that Council rescind the "two-for-one" pension
benefit.
Mr. Shirley E. Clemons, Jr., 1206 15th Street, S.
E., a City employee, advised that it will be difficult to
support his family on his salary as a City retiree, and
he will be working for the rest of his life in order to
pay for Council's retirement benefits.
Ms. Carolyn Harris-Hinchee, 560 Olney Road, Vinton,
Virginia, a City employee, advised that she has worked
for the City of Roanoke for 16 and one-half years in the
Social Services Department. She stated that she has
always loved the City of Roanoke, but at this time, she
is not proud of the City; that she was led to believe
that if one gives an honest days work for an honest
dollar and if one works hard and gives more than one is
asked to give, one will be rewarded. She added that when
City employees were not given a pay increase last year,
she was forced to take a second job in order to meet her
financial obligations; that she received a three per cent
increase this year, while certain new employees received
577
15 to 25 per cent raises, and requested that Council take
appropriate action to help the other 800 plus employees
who have worked hard for the City of Roanoke for many
years.
The City Manager advised that several speakers
discussed the matter of the employee pay plan and other
issues relative to employee morale, and he takes their
concerns seriously. He stated that he has talked one on
one with many City employees and some of the issues are
currently being addressed through a process of City
employee focus groups. He stated that he had the
opportunity to meet personally with Mr. Henderson and to
hear his concerns firsthand, advising that City employees
did not know if they could speak freely in the focus
groups without fear of reprisal and, on this date, he
communicated with all employees serving on the focus
groups in an effort to assure them that no such reprisal
would be tolerated inasmuch as the purpose of the focus
groups is to hear employee concerns and begin to address
those concerns. He stated that it was rewarding to hear
some of the speakers acknowledge that there are limits
and that it will take time to work through the problems
and issues. He added that not all of the issues cost
money; that some employees have talked with him about the
need for better and more open communication which are the
kinds of concerns that can be addressed through the focus
group process, and a concerted effort will be made during
the next few months to identify high priority issues and
solutions to be addressed in the near future.
Ail persons having been given an opportunity to be
heard, the Mayor advised that Council had not reached a
consensus of opinion on the matter, and suggested that
Council be given additional time to consider and
deliberate on the points which were made by citizens and
City employees.
Dr. Gary Waldo, 3087-I Ordway Drive, N. W., advised
that a number of persons had eloquently stated the
importance of the issues of pay equity, and raised
questions in regard to the double-dipping pension benefit
and the deferred compensation plan. He stated that such
benefits are unconscionable, and for the City Manager to
say to the people that "we hear you and we are going to
talk to you", is a classic case of, "killing us with
kindness", advising that it is a mistake for Council to
think that citizens and City employees will simply
disappear. He pointed out that people are crying out for
reasonable treatment and asking that their concerns be
addressed in an expedient manner, and Council should be
578
able to give a date certain by which it will respond to
questions on the pension plan, the deferred compensation
plan and the pay plan, etc. He stated that this is the
time for members of Council and the City Administration
to hear not only what City employees are saying, but what
taxpayers are saying as well, and this is not the time to
delay or postpone. He asked that Council advise the
citizens that they will receive a response to their
concerns within 30 days.
Mr. Roger A. Hogan, 1044 Highland Road, Salem,
Virginia, a Roanoke City Police Officer for eight and
one-half years, advised that employees are asking that
Council be responsible by providing City employees and
the citizens who elected them to office with a definite
date at which time the problems that were brought to
Council's attention will be addressed.
Mr. William D. Jobe, 3011 Hickory Woods Drive,
N. E., a 26 year employee of the City of Roanoke, advised
that the City is famous for "delaying tactics", and a
timeframe for addressing concerns should be defined. He
stated that the pay plan which was enacted on July 1,
1985, was preceded on June 28, 1985 by a memorandum from
the then City Manager advising department managers and
directors that the pay plan, when implemented, would have
certain inequities, particularly concerning the area of
longevity; that the memorandum also stated that as these
inequities were uncovered, they would be discussed,
resolved and made retroactive to July 1 of that year; and
therefore, the City has had since 1985 to study certain
pay inequities that no one seemed to know existed. He
added that the matter should not be delayed any longer
because it has been evident since the June 28, 1985
memorandum was circulated that there were inequities and
those inequities were known by the City Administration.
Ms. S. Elaina Loritts, 2908 Florida Avenue, N. W.,
advised that the people have spoken, and it is now time
for Council to say yes or no. She stated that citizens
are angry about the pension issue and inequities in the
pay plan, and asked for a consensus of opinion by
Council.
At 9:25 p.m., the Mayor declared the meeting in
recess.
At 9:30 p.m., the meeting reconvened in the
Gymnatorium of the Monterey Elementary School, with all
Members of the Council in attendance, Mayor Bowers
presiding.
579
PETITIONS AND CO[~4UNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of funds to
the following school accounts, was before Council.
Grant No. 6433 - $54,608.00 for the Summer Youth
Education Program for the
summer of 1992 to provide
remedial and basic education in
the areas of English, Math,
Science and Social Studies.
The program will be 100 per
cent reimbursed by federal
funds.
Grant No. 6434 -
$445,242.00 for the Alternative
Education Program to provide
instruction and guidance
services to secondary level
students who are at risk of
leaving school. The program
will be funded by local match
in the amount of $305,242.00
and by federal funds in the
amount of $140,000.00.
Grant No. 6506 -
$100,000.00 for the Special
Education Jail Program to
provide for the education of
juveniles and inmates under age
22 incarcerated in the Roanoke
City Jail and who are in need
of special education services.
The program will be 100 per
cent reimbursed by state funds.
Grant No. 6755 -
$11,372.00 for the GED Testing
Program to provide instructors
for GED preparation classes and
for the administration of the
GED examinations. The source
of funds will be student fees.
Grant No. 6756 -
$35,163.00 for the Regional
Adult Education Speciali£t
Program to provide ancillary
and support services for the
Adult Literacy and Basic
580
Education Program in the
planning district. The program
will be 100 per cent reimbursed
by state funds.
Grant No. 6757 -
$314,114.00 for the 1992-93
Perkins Act Program to provide
funds for vocational
instructors and equipment. The
program will be 100 per cent
reimbursed by federal funds.
Grant No. 6993 -
$156,417.00 for the Family ERA
Program to provide for
Educational Readiness and
Achievement through the
training of the teaching staff
in parent involvement. The
program will be 100 per cent
reimbursed by federal funds.
Grant No. 6994 -
$143,774.00 for the Hurt Park
Elementary School Early
Childhood Demonstration Project
to provide for the development
of an early childhood education
program. The program will be
100 per cent reimbursed by
federal funds.
A report of the Director of Finance advising that he
has received the request to appropriate monies which are
funded with federal and state funds and fees; that in
addition to these funding sources, the Alternative
Education grant will receive a local match; and funding
for the local match is available in the education portion
of the General Fund budget in the following accounts, was
before Council.
Purchased Services (001-060-6001-6400-0381) $90,000.00
Matching Funds (001-060-6001-6400-0588) $215,242.00
The Director of Finance recommended that Council
concur in the request of the School Board.
(For full text, see report and communication on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
581
ACTION:
(%31156-082492) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant and General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 126.)
Mr. White moved the adoption of Ordinance No. 31156-
082492. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-PARKS AND RECREATION-GRANTS: The City
Manager submitted a written report advising that the
Clty's American Elm tree population has declined steadily
over the past decades due to the tree's susceptibility to
Dutch Elm Disease; that eight mature American Elms are
located along Jefferson Street in Elmwood Park; that
injection of American Elms with a fungicide is a proven
method of offering protection for the disease; and Urban
Forestry staff is responsible for management of the
trees.
It was further advised that elm trees along
jefferson Street are an extremely valuable asset to
Elmwood Park and this area of downtown Roanoke; that
current maintenance of the trees does not include the
most effective method of Dutch Elm disease prevention
which is injection; that the Parks and Recreation
Department, Downtown Roanoke, Inc., Valley Beautiful,
Inc., and the Roanoke Valley Preservation Foundation
share a concern for the survival of these and other elm
trees within the City; that application for an ,,America
the Beautiful" grant was filed with the Virginia
Department of Forestry by the Parks and Recreation
Department; and an ,'America the Beautiful" grant of
582
ACTION=
$770.00 was approved, with a local match of $2,370.00
from the City and contributions of $260.00 from Valley
Beautiful, Inc., and $100.00 each from Downtown Roanoke,
Inc., and the Roanoke Valley Preservation Foundation, for
a project total of $3,600.00.
The City Manager recommended that Council accept the
"America the Beautiful" grant, in the amount of $770.00,
as well as contributions from Valley Beautiful, Inc.,
Downtown Roanoke, Inc., and the Roanoke Valley
Preservation Foundation, in the amount of $1,230.00; that
$1,230.00 be appropriated to Project Supplies, Account
No. 001-050-4340-3005; that a corresponding revenue
estimate be established, in the amount of $1,230.00, in
accounts to be set up by the Director of Finance; and
that the City Manager, or his designee, be authorized to
execute the necessary documents accepting said grant.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31157-082492) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 131.)
Mr. Harvey moved the adoption of Ordinance No.
31157-082492. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None. 0.
Mr. Fitzpatrick offered the following resolution:
(#31158-082492) A RESOLUTION authorizing the
acceptance of an "America the Beautiful" grant from the
State Department of Forestry and authorizing the
execution on behalf of the City of any necessary
documents.
(For full text of Resolution, see Resolution Book No. 54,
page 132.)
583
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No.
31158-082492. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers 7.
NAYS: None 0.
HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report advising that $220,000.00 from
the Virginia Department of Housing and Community
Development Single Family Rehabilitation and Energy
Conservation Loan Program and $240,000.00 in Community
Development Block Grant funds were allocated to the Home
Purchase Assistance Program by Council on June 26, 1989,
allowing the City to provide loans to low-moderate income
households agreeing to buy and repair approximately 18-20
identified sufstandard houses; a~ld the Program is
administered jointly by the City and the Roanoke
Redevelopment and Housing Authority.
It was further advised that real estate options have
been executed by Susan Lane, owner of two vacant single-
family houses located at 2757 Hoover Street, N. W., and
2930 Glenrose Avenue, N. W., in the amount of $15,000.00
option price and $21,300.00 City assessment, and
$24,000.00 option price and $21,300.00 City assessment,
respectively; that Housing Development staff has
determined that the offered prices are reasonable to
allow the houses to be included in the Program; and
Council's authorization for the City Manager to execute
the real estate options with the owner of the properties
is necessary to allow said properties to be marketed
through the Home Purchase Assistance Program.
The City Manager recommended that he be authorized
to execute real estate options for properties located at
2757 Hoover Street, N. W., and 2930 Glenrose Avenue,
N. W., to be approved as to form by the City Attorney,
with the owner of said properties selected for the Home
Purchase Assistance Program.
(For full text, see ~eport on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
584
ACTION:
(#31159-082492) AN ORDINANCE authorizing certain
real estate options to be entered into in connection with
the Home Purchase Assistance Program; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 133.)
Mrs. Bowles moved the adoption of Ordinance No.
31159-082492. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers -7.
NAYS: None 0.
WATER RESOURCES: The City Manager submitted a
written report advising that Phase I of Carvins Cove
improvements for engineering services was awarded by
Council to Mattern & Craig, Inc., in association with
Alvord, Burdick, and Howson on August 26, 1991; that
design work under Phase I of the contract includes
everything from the intake chamber at the dam, the
redesign of the low lift pump station, all design work
relating to the filter plant expansion and update, a new
filter backwash system and a new four million gallon
water storage reservoir; and the project at the plant
terminates with the water main connection below the
connection of the existing and proposed finished water
reservoirs, and some renovations to the Boxley Hills Pump
Station.
It was further advised that contract documents for
construction have been completed and submitted to the
Commonwealth of Virginia Department of Health; that
comments from the regional office have been incorporated
into the contract documents, re-submitted for approval,
and forwarded to the Richmond office for final approval;
that it is anticipated that the project could be
advertised for bids by August 30, 1992; that consultants
have recommended that bids be received on a date other
than a Monday which is the normal Council meeting time;
and Friday, October 16, 1992, has been recommended as the
date for receiving bids.
585
ACTION:
ACTION:
The City Manager recommended that Council approve
the receipt of bids for Carvins Cove Improvements, Phase
I, at a time other than a regular meeting of City council
and appoint a bid committee to receive the bids and
report back to Council accordingly.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that Council concur in the
recommendation of the City Manager to receive the bids on
Friday, October 16, 1992. The motion was seconded by
Mr. Fitzpatrick and unanimously adopted.
Later during the meeting, the Mayor appointed
Council Member William White, Sr., Chairperson, Kit B.
Klser and William F. Clark as members of the bid
committee.
SEWERS AND STORM DRAINS-WATER RESOURCES: The City
Manager submitted a written report advising that a
Consent Order has been entered into by the City with the
State Water Control Board to address specific items
dealing with Industrial Pretreatment; that the
Interjurisdictlonal Agreement, dated February 9, 1989,
with Roanoke County needs to be amended to provide for
quarterly reporting of pretreatment activities as
stipulated in the Consent Order; that all other
Jurisdictions have provided for quarterly reporting in
their agreements; that 1972 Contract Agreements require
that all jurisdictions adopt and enact sewer use
ordinances identical to the City of Roanoke; and
industrial pretreatment is a part of the sewer use
ordinance.
The City Manager recommended that he and the City
Clerk be authorized to execute and attest, respectively,
an interjurisdictional agreement with Roanoke County, in
a form to be approved by the City Attorney, to include
quarterly reporting.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
586
ACTION:
(#31160-082492) A RESOLUTION authorizing the
execution of an Amendment to the Interjurisdictional
Agreement with Roanoke County relating to pretreatment
activities, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 54,
page 133.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31160-082492. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White,
Fitzpatrick, Harvey, McCadden and Mayor Bowers
Bowles,
NAYS: None 0.
BUDGET-PARKS AND RECREATION-PUBLIC WORKS-MANAGEMENT
AND BUDGET-EQUIPMENT: The City Manager submitted a
written report advising that the Department of Management
Services is charged with the responsibility of
providing/maintaining photocopy equipment capable of
reproducing an average of 210,000 copies per month for
all City departments and agencies; that these copiers are
strategically located throughout the Municipal Complex,
Courthouse and at outlying City facilities; and equipment
needs to be replaced in the Municipal Complex, the
Recreation Department and the Public Works Service Center
in order to maintain the current level of productivity.
The City Manager recommended that Council accept the
lowest responsible bid meeting specifications for two new
Xerox 1090 Duplicators, as submitted by the Xerox
Corporation, at a cost of $47,009.00 each, and concur in
the purchase of two Monroe-Model 935DX copiers listed at
a state contract cost of $6,050.00, each, for a total
cost of $106,118.00; that Council appropriate $106,118.00
from Internal Services Retained Earnings to Management
Services, "Other Equipment", Account No. 006-002-1617-
9015 for said purchases; and reject all other bids
received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
587
ACTION:
ACTION:
(#31161-082492) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Internal Service Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 134.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31161-082492. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers 7.
NAYS: None. -0.
Mr. Harvey offered the following resolution:
(#31162-082492) A RESOLUTION providing for the
purchase of certain photocopier/duplicators for use by
the City, upon certain terms and conditions, by accepting
a bid made to the City for furnishing and delivering such
equipment; and rejecting all other bids received by the
City.
(For full text of Resolution, see Resolution Book No. 54,
page 135.)
Mr. Harvey moved the adoption of Resolution No.
31162-082492. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers .... 7.
NAYS: None 0.
BUDGET-BRIDGES-CONSULTANTS REPORTS: The City
Manager submitted a written report advising that the
Annual Bridge Inspection Program has deter~ined that the
Walnut Avenue Bridge over the Roanoke River has continued
to deteriorate to the point where major repairs and/or
total replacement is required; that various avenues of
repair and maintenance to rehabilitate the bridge to
safety standards were investigated but necessary
modifications were so extensive that partial or total
replacement became the only feasible and cost effective
588
ACTION:
approach; and advertisement for proposals to perform
necessary survey work, required environmental
assessments, design plans and all related construction
documents was place in the Roanoke Times & World News on
May 11, 1992.
It was explained that three consulting/engineering
firms responded; viz: Mattern & Craig, Inc., Hayes, Seay,
Mattern & Mattern, and Klmley-Horn and Associates, Inc.;
that personal interviews were held with the three firms;
that the interview process demonstrated that Mattern &
Craig, Inc., Consulting Engineers and Surveyors, had the
most comprehensive understanding of bridge problems and
scope of work to be performed, along with professional
and technical staff and specialized equipment to complete
the project on schedule; and negotiations were conducted
with Mattern & Craig, Inc.
The City Manager recommended that Council award an
engineering services contract, in a form to be approved
by the City Attorney, to Mattern & Craig, Inc.,
Consulting Engineers and Surveyors, for preliminary Phase
I work, in the amount of $118,000.00; and authorize the
Director of Finance to transfer $118,000.00 from the
General Fund to the Capital Projects Fund to a new
account to be entitled, "Walnut Avenue Bridge Replacement
Engineering".
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31163-082492) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 136.)
Mr. White moved the adoption of Ordinance No. 31163-
082492. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White,
Fitzpatrick, Harvey, McCadden and Mayor Bowers .....
Bowles,
NAYS: None 0.
Mr. Fitzpatrick offered the following resolution:
589
ACTION
ACTION:
(#31164-082492) A RESOLUTION authorizing the
execution of a contract with Mattern & Craig, P. C. to
provide certain engineering services, specifically the
preliminary Phase I work relating to the replacement of
the Walnut Avenue Bridge over the Roanoke River.
(For full text of Resolution, see Resolution Book No. 54,
page 136.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31164-082492. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White,
Fitzpatrick, Harvey, McCadden and Mayor Bowers
Bowles,
-7.
NAYS: None 0.
BUDGET-SEWERS AND STORMDRAINS-EQUIPMENT: The City
Manager submitted a written report advising that
equipment to visually inspect the internal condition of
sanitary sewer lines is vital and critical to efficiently
maintain and trouble shoot sewer lines; and a pipe
inspection system will replace a similar system which was
purchased in December, 1990, but returned to the vendor
due to lack of reliability and the City recovered
$40,000.00, or 81 per cent of the purchase price of the
unit.
The City Manager recommended that Council accept the
bid submitted by Cues, Inc., in the amount of $27,910.00,
for providing pipe inspection system equipment; and
appropriate $27,910.00 from the Internal Service Fund,
Retained Earnings, to Account No. 006-056-2625-9015.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following emergency budget
ordinance:
(#31165-082492) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Internal Service Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 137.)
Mr. McCadden moved the adoption of Ordinance No.
31165-082492. The motion was seconded by Mr. Musser and
adopted by the following vote:
590
ACTION:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following resolution:
(#31166-082492) A RESOLUTION accepting the bid of
Cues, Inc., made to the City for furnishing and
delivering certain pipe inspection equipment, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 54,
page 138.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31166-082492. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser, White,
Fitzpatrick, Harvey, McCadden and Mayor Bowers
Bowles,
NAYS: None 0.
HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report advising that Council
appropriated Community Development Block Grant (CDBG)
funds on June 22, 1992, pursuant to Ordinance No. 31067-
062292 for fiscal year 1992-93, totalling $2,437,000.00,
including $1,899,000.00 new entitlement and $538,000.00
in program income; that the Roanoke Redevelopment and
Housing Authority, historically, has administered certain
portions of CDBG programs for the City, including housing
rehabilitation and economic development activities; and
for fiscal year 1993, the Housing Authority will also
administer $642,500.00 of the City's $756,000.00 HOME
allocation from the United States Department of Housing
and Urban development (HUD).
It was further advised that funds budgeted for the
Housing Authority's services in fiscal year 1992-93 total
$444,463.00 for administration and support of five
economic development programs, eight housing programs,
one neighborhood redevelopment project, and three
categories of housing projects under HUD's HOME Program;
that project funds to be administered by the Housing
Authority, covered by the contract, total $739,218.00 in
CDBG funds and $642,500.00 in HOME funds; that total
value of the contract, including administration plus
project funds, is $1,826,181.00; that total value of
projects to be administered by the Housing Authority
591
!]
ACTION=
under the contract exceeds $3 million, including CDBG
funds, other HUD funds, and State and private funds; and
an Administrative Agreement between the City and the
Housing Authority is necessary before the Housing
Authority can perform and receive payment for
administrative activities regarding CDBG funded or
assisted programs.
The City Manager recommended that he be authorized
to execute an Agreement with the Roanoke Redevelopment
and Housing Authority for performance of various
community development activities.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31167-082492) A RESOLUTION authorizing the
execution of a written agreement with the City of Roanoke
Redevelopment and Housing Authority relating to the
performance of certain Community Development Block Grant
program activities to be undertaken by the City during
Program Year 1992-93.
(For full text of Resolution, see Resolution Book No. 54,
page 139.)
Mr. Musser moved the adoption of Resolution No.
31167-082492. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None 0.
CITY ATTORNEY:
CITY CODE-ANIMALS/INSECTS-COMPLAINTS-POLICE
DEPARTMENT: The City Attorney submitted a written report
advising that the Council meeting on July 13, 1992,
Council referred to his office a request of Council
Member Harvey that a review be conducted of the dangerous
and vicious dog ordinance to assure that the
responsibility is placed on the owners of dogs to control
their pets; and Council also requested that the highest
penalties available be imposed upon persons who act
irresponsibly in the keeping of dangerous or vicious
dogs.
592
It was further advised that the dangerous and
vicious dog ordinance adopted by Council on April 6,
1992, places the responsibility for controlling dogs on
the owners; that as requested by Council, a thorough
review of the dangerous and vicious dog ordinance was
conducted; and in order to reaffirm Council's policy that
the owners of dogs should be held strictly responsible
for actions of their pet and in order to impose the
heaviest penalties permitted by law, the City Attorney
recommended that the following amendments to the
dangerous and vicious dog ordinance be authorized by
Council:
(1)
Clarify that a dog may be a
dangerous dog or a vicious dog
without a finding by a court.
(2)
Increase the penalty for not keeping
a dangerous dog in strict compliance
with the conditions of S6-52 from a
Class 2 Misdemeanor to a Class 1
Misdemeanor, regardless of whether
the infraction is a first or
succeeding violation.
(3)
Create a new offense of owning a
dangerous dog which causes a wound
to any person.
(4)
Create a new offense carrying a
Class 1 Misdemeanor penalty of
keeping a vicious dog within the
City.
(5)
Create a new offense of owning a
vicious dog which causes a wound to
any person.
The City Attorney transmitted a recommended
ordinance which will implement the abovereferenced
amendments immediately, advising that if Council adopts
the proposed ordinance, the City Code will include the
following Class 1 Misdemeanor offenses relating to
dangerous or vicious dogs:
(1)
keeping a dangerous dog except in
strict compliance with conditions
established by S6-52;
(2)
owning a dangerous dog which causes
a wound to any person;
593
!!
(3) keeping a vicious dog in the City;
(4)
owning a vicious dog which causes a
wound to any person; and
(5) concealing a dog which has caused a
wound to any person.
(For full text, see report on file in the City Clerk's
Office.)
The City Manager submitted a written report,
advising that on July 27, 1992, Council Member Harvey
requested that he made recommendations with regard to
increased enforcement of the "dog leash law"; that the
animal control ordinance provides that in order for an
animal to be at large, it must roam, run or'self-hunt off
the property of the owner or custodian while not under
the owner's or custodian's immediate control; that while
the ordinance prohibits running at large, it does not
specifically require that an animal be on a leash; and
the troublesome language is, "under the owner's or
custodian's immediate control"
It was explained that the City's experience has been
that most dog owners who do not have their animals
leashed would content that the animal is under their
immediate control through "voice command" or other
gestures; that if it is the intent of Council to
routinely and consistently summons dog owners for walking
on public streets and properties including public parks
without an animal being leashed, it is incumbent upon
Council to modify the ordinance to require "physical
control" as opposed to the language "immediate control";
and any such amendment to the City Code is likely to be
a highly charged emotional issue inasmuch as walking
one's pet is a common practice and the use of parks for
exercise of pets is often a favorite past time of both
the animal and its owner.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
ordinance:
(#31168-082492) ARESOLUTION amending Section 6-22,
Definitions, Section 6-50, Procedure for declarinq dog to
be danqerous or viclous~ keeping of danqerous doq;
destruction of vicious doq, and Section 6-53, Violations,
Code of the City of Roanoke (1979), as amended; the
594
ACTION:
amended sections providing that a dog may be a dangerous
dog or vicious dog without declaration of any court;
providing for a Class 1 misdemeanor penalty for failure
to keep a dangerous dog in strict compliance with the
provisions of Section 6-52, Code of the City of Roanoke
(1979), as amended; providing for a Class 1 misdemeanor
penalty for the owner when a dangerous dog wounds any
person; providing that it shall be unlawful to keep a
vicious dog within the City and for a Class 1 misdemeanor
penalty; providing for a Class 1 misdemeanor penalty when
a vicious dog wounds any person; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 140.)
Mr. Harvey moved the adoption of Ordinance No.
31168-082492. The motion was seconded by Mr. Musser.
Ms. Jill B. Wright, 5113 Victoria Street, N. W.,
Vice-President of the Roanoke Kennel Club, expressed
concern that under provisions of the ordinance any person
may register a complaint about a dangerous or vicious
dog, and the ordinance should be amended to provide that
a complaint must be made by an animal control officer or
a police officer.
Upon question, the City Attorney clarified that the
provision referred to by Ms. Wright would allow a citizen
to obtain a warrant charging that another person is not
keeping a dangerous dog according to the strict
conditions established by Council for the keeping of such
animals. He advised that if a warrant is obtained, the
matter would go before a General District Court Judge who
would decide if the dog is considered dangerous. He
called attention to the need for an impartial arbitrator
when there is a dispute between two citizens, advising
that it is the responsibility of the Commonwealth's
Attorney to determine whether to present the case to the
Court; that if the Commonwealth's Attorney is of the
opinion that the case is frivolous, he would not press
the complaint; however, if the Commonwealth's Attorney is
of the opinion that there is evidence to require that the
case go to court, the City's animal control officers
would be called upon for their opinion, the complainant
would have the right to give his or her evidence and all
involved parties would be heard before a decision is
rendered by a judge.
595
Ms. Wright further advised that the complainant
should be required to give his or her name; and the City
Attorney clarified that one could not obtain a warrant
without furnishing his or her name, and that person would
be a witness in the case if the Commonwealth's Attorney
elected to pursue the matter.
Ms. Robin K. Johnson, 1301 Graybill Road, N. W.,
complained about a dangerous dog which is owned by her
next door neighbor. She stated that she had talked with
the owner of the dog who promised to install a higher
fence around his yard, however, no action has been taken
to date. She added that animal control officers have
advised that nothing can be done until the dog actually
harms someone, and pointed out that her family is
virtually a prisoner in their own home because of their
fear of this animal.
The City Manager advised that he would request the
City's Director of Public Safety to investigate the
concerns expressed by Ms. Johnson.
Ms. Mary K. Welch, 1836 Maiden Lane, S. W., advised
that a task force is reviewing suggestions by which the
licensing of dogs will be made more convenient, such as
purchasing a license at a local veterinarian's office or
a rabies clinic, etc. She stated that the task force is
also reviewing the matter of increasing pickup fees for
impounded animals which would act as a deterrent to pet
owners who allow their dogs to run at-large in the City.
She advised that the Roanoke Kennel Club is willing to be
of service in order to upgrade the City's animal control
laws.
Ms. Aggie Hallenbeck, 3211 Old Salem Road, S. W.,
Co-owner of Mudlick Kennels, advised of instances in
which pet owners have allowed their dogs to run at-large
because the City's fee for impoundment of a dog is less
than a veterinarian or kennel fee for boarding the
animal. She stated that if higher dog pound fees are
imposed by the City, citizens would be forced to become
more responsible pet owners.
Ordinance No. 31168-082492 was adopted by the
following vote:
AYES: Council Members Musser, White,
Fitzpatrick, Harvey, McCadden and Mayor Bowers
Bowles,
7.
NAYS: None 0.
596
ACTION:
Mr. Harvey moved that the report of the City Manager
be received and filed. The motion was seconded by Mr.
Musser and unanimously adopted.
CITY CODE-TAXES-DELINQUENT TAXES: The City Attorney
submitted a written report advising that in an effort to
enhance the administration of the prepared food and
beverage tax by the City, his Office was requested by the
City Administration to make certain amendments to the
City Code with respect to the assessment and collection
of the prepared food and beverage tax; and in order to
accomplish the requested changes, an ordinance was
prepared amending certain sections of the City Code as
follows:
The definition of seller has been rewritten to
ensure that the party responsible for the day-
to-day operation of the restaurant or catering
business is liable to the City for payment of
the tax.
The section relating to payment and collection
of the tax has been amended to clarify that
the tax shall be remitted to the City
Treasurer.
Authority for assessment and collection of the
tax will be transferred from the City
Treasurer to the Director of Finance.
The City Attorney, City Treasurer and Director of
Finance recommended adoption of the abovedescribed
ordinance.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31169-082492) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by amending
subsection (g) of Sec. 32-283, Definitions, Sec. 32-285,
Payment and collection of tax, Sec. 32-294, Duty of
director of finance, and subsection (6) of Sec. 32-297,
Exemptions, of Article XIV, Tax on Prepared Food and
Beverage, of Chapter 32, Taxation; such amendments to
amend the definition of "seller," to clarify that taxes
collected by the seller are to be remitted to the
Treasurer, to transfer authority for collection to the
597
ACTION:
Director of Finance; and to clarify the exemption for
nonprofit educational, charitable or benevolent
organizations; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 142.)
Mrs. Bowles moved the adoption of Ordinance No.
31169-082492. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White,
Fitzpatrick, Harvey, McCadden and Mayor Bowers-
NAYS: None
Bowles,
CITY CODE-TAXES-DELINQUENT TAXES: The City Attorney
submitted a written report advising that in an effort to
enhance administration of the business license, real
estate and personal property taxes by the City, his
Office was requested by the City Administration to make
certain amendments to the City Code with respect to the
collection of the business license, real estate and
personal property taxes; and in order to accomplish the
requested changes, an ordinance was prepared amending
certain sections of the City Code relating to the above
taxes, as follows:
(1)
The definitions have been amended to add the
term "director of finance".
(2)
The section of tile business license tax
relating to payment and collection of tax has
been amended to clarify that the delinquent
tax is to be collected by the Director of
Finance after December 31 of each year.
(3)
The section relating to collection of the real
estate tax has been rewritten to transfer
authority for collection of the tax after
June 30 of each year from the City Treasurer
to the Director of Finance.
(4)
The section relating to collection of tax on
tangible personal property has been rewritten
to transfer authority for collection of the
tax after December 31 of each year from the
City Treasurer to the Director of Finance.
598
The City Attorney, City Treasurer and Director of
Finance recommended adoption of the abovedescribed
ordinances.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
(#31170-082492) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by amending Sec.
32-1, Definitions, of Article I, In General, and adding
new Sec. 32-25, Duty to collect, of Article II, Real
Estate Taxes Generally, and adding new Sec. 32-111, Duty
to collect, of Article III, Tax on Tanqible Personal
Property Generally, of Chapter 32, Taxation; such
amendments to transfer authority for collection of
delinquent real estate tax and personal property tax from
the Treasurer to the Director of Finance at the end of
the respective tax year for each tax; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 144.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
31170-082492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers 7.
NAYS: None 0.
Mr. Musser offered the following emergency
ordinance:
(#31171-082492) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by amending Sec.
32-1, Definitions, and adding new Sec. 32-25, Duty to
collect, of Article II, Real Estate Taxes Generally, and
adding new Sec. 32-111, Duty to collect, of Article III,
Tax on Tangible Personal Property Generally, of Chapter
32, Taxation; such amendments to transfer authority for
collection of delinquent real estate tax and personal
property tax from the Treasurer to the Director of
599
ACTION:
Finance at the end of the respective tax year for each
tax; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 146.)
Mr. Musser moved the adoption of Ordinance No.
31171-082492. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White,
Fitzpatrick, Harvey, McCadden and Mayor Bowers
Bowles,
7.
NAYS: None 0.
Mr. White requested that the Director of Finance
establish a base period, for example, six months prior to
adoption of the abovereferenced ordinances (Ordinance
Nos. 31169-082492, 31170-082492 and 31171-082492), to
determine the amount of taxes collected during that six
month period compared to the six month period following
adoption of the measures to ascertain if there is a
measurable increase in taxes collected by the City. He
further requested that the report be submitted to Council
within a period of eight months.
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for construction
of Neighborhood Storm Drain Projects, Phase II, V Avenue,
N. E., and Hildebrand Road, N. W., presented a written
report on behalf of the Committee, recommending that
Council approve the following actions:
Authorize the City Manager to enter into a
contractual agreement with John A. Hall and
Company, Incorporated, in the amount of
$32,971.94, and 60 consecutive calendar days
for completion of the work.
Authorize the Director of Finance to transfer
the following funds:
Fundinq Required:
Contract Amount
Contingency and Advertisement
$32,971.94
2t028.06
Total
$35,.000.00
600
ACTION:
Funding Available:
from Account No. 008-052-9603-9176,
Public Improvement Bond Series -
1988 Storm Drains $ 6,241.00
from Account No. 008-052-9575-9176,
Capital Improvement Reserve -
Storm Drains
Total
to an account to be entitled
Storm Drains, Phase II - 92"
,,28t759.00
$35,000.00
"Neighborhood
Reject all other bids received by the City.
The City Manager submitted a written report
concurring in the recommendation of the Committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31172-082492) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 148.)
Mr. White moved the adoption of Ordinance No. 31172-
082492. Tile motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers -7.
NAYS: None
O®
Mr. White offered the following emergency ordinance:
(#31173-082492) AN ORDINANCE accepting the bid of
John A. Hall and Company, Incorporated, for the
construction of Neighborhood Storm Drain Projects, Phase
II, upon certain terms and conditions, and awarding a
601
ACTION:
contract therefor; authorizing the proper City officials
to execute the requisite contract for such work;
rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see ordinance Book No. 54,
page 149.)
Mr. White moved the adoption of ordinance No. 31173-
082492. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers .... 7.
NAYS: None
PARKS AND RECREATION-CITY PROPERTY-ROANOKE
NEIGHBORHOOD PARTNERSHIP-DONATIONS: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources
Committee, presented a written report on behalf of the
Committee, in connection with donation of property
located at 1916 Memorial Avenue, S. W., to the Greater
Raleigh Court Civic League (GRCCL).
A staff report explained that lease to GRCCL of the
former recreation center/library at 1916 Memorial Avenue,
S. W., was authorized by Ordinance No. 27736 adopted on
August 12, 1985; that a request to sub-lease the facility
to a commercial organization was considered by the Water
Resources Committee on July 27, 1992, with the Committee
recommending rejection of the proposal; that cost of
maintenance, utilities and other operational expenses
exceeds usefulness of the facility to GRCCL, thereby
causing the organization to consider returning the
facility to the City; and a paying tenant is the only
reasonable solution to cost problems.
The Water Resources Committee recommended that
Council authorize appropriate City officials to execute
quitclaim legal documentation transferring ownership of
City-owned property identified as Official Tax No.
1330514, 1916 Memorial Avenue, S. W., to the Greater
Raleigh Court Civic League, Inc., with the following
conditions for reversion of ownership to the City:
if GRCCL ceases to exist;
violation of prohibition against
conveyance or placing of any liens
or deeds of trust against property;
(1)
(2)
602
ACTION:
(3)
violation of covenant to maintain
facility to the standards
established by all City codes and
ordinances and to conform to
neighborhood standards; and
(4)
GRCCL ceases to use property as a
meeting place.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#31174) AN ORDINANCE providing for the sale and
conveyance of City-owed property located at 118, 120, 122
and 124 Campbell Avenue, S. W., upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 151.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Musser, White,
Fitzpatrick, Harvey, McCadden and Mayor Bowers
Bowles,
-7.
NAYS: None. 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PURCHASE/SALE OF PROPERTY-ARCHITECTURAL REVIEW
BOARD-CITY PROPERTY: Ordinance No. 31138-082492
providing for the sale and conveyance of City-owned
property located at 118, 120, 122 and 124 Campbell
Avenue, S. W., to Roger R. Neel, Jr., and Thomas E.
Wallace, in the amount of $120,000.00, as more
particularly set forth in a report of the Water Resources
Committee under date of July 27, 1992, having previously
been before the Council for its first reading on Monday,
July 27, 1992, read and adopted on its first reading and
laid over, was again before the body, Mr. White offering
the following for its second reading and final adoption:
603
ACTION:
ACTION:
(#31138-082492) AN ORDINANCE providing for the sale
and conveyance of City-owned property located at 118,
120, 122 and 124 Campbell Avenue, S. W., upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 121.)
Mr. White moved the adoption of Ordinance No. 31138-
082492. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ---7.
NAYS: None
ZONING: ordinance No. 31140-082492 rezoning a tract
of land located at 759 Welton Avenue, S. W., lying at the
intersection of Welton Avenue, Lawnhill Street and Floyd
Avenue, described as Official Tax No. 1250133, from RM-1,
Residential Multi-Family, Low Density District, to RM-2,
Residential Multi-Family, Medium Density District,
subject to certain conditions proffered by the
petitioner, having previously been before the Council for
its first reading on Monday, August 10, 1992, read and
adopted on its first reading and laid over, was again
before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#31140-082492) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 125, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 122.)
Mrs. Bowles moved the adoption of Ordinance No.
31140-082492. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
0.
NAYS: None
STREETS AND ALLEYS: Ordinance No. 31141-082492
authorizing alteration and closing by barricade, of Day
Avenue, S. W., at its intersection with Franklin Road,
604
ACTION:
having previously been before the Council for its first
reading on Monday, August 10, 1992, read and adopted on
its first reading and laid over, was again before the
body, Mr. Musser offering the following for its second
reading and final adoption:
(#31141-082492) AN ORDINANCE authorizing the
alteration and closing by barricade of a certain public
right-of-way in the City of Roanoke, Virginia, as are
more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 123.)
Mr. Musser moved the adoption of Ordinance No.
31141-082492. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, McCadden and Mayor Bowers --6.
NAYS: None 0.
(Council Member Harvey abstained from voting.)
EASEMENTS-WATER RESOURCES-CITY PROPERTY-STREETSAND
ALLEYS: Ordinance No. 31154-082492 providing for
vacation of an unused portion of the Falling Creek
Reservoir Roadway Access Easement, being approximately 30
feet wide and 700 feet in length located in Roanoke
County and extending from Laurel Glen Lane in a
northeasterly direction to the easement's intersection
with Horsepen Mountain Road, adjoining a portion of
Section 6, Falling Creek Subdivision along its
northwesterly side, as more particularly set forth in a
report of the Water Resources Committee under date of
August 10, 1992, having previously been before the
Council for its first reading on Monday, August 10, 1992,
read and adopted on its first reading and laid over, was
again before the body, Mrs. Bowles offering the following
for its second reading and final adoption:
(#31154-082492) AN ORDINANCE providing for the
vacation of an unused portion of the Falling Creek
Reservoir Roadway Access Easement, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 125.)
605
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
31154-082492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers 7.
NAYS: None
STATE HIGHWAYS-BRIDGES-CITY PROPERTY: Ordinance No.
31155-082492 providing for dedication of portions of
Official Tax Nos. 1110713 and 2014008 to the Commonwealth
of Virginia Department of Transportation for use as
street right-of-way needed for replacement of the Fifth
Street Bridge, upon certain terms and conditions, as more
fully set forth in a report of the Water Resources
Committee under date of August 10, 1992, having
previously been before the Council for its first reading
on Monday, August 10, 1992, read and adopted on its first
reading and laid over, was again before the body, Mr.
White offering the following for its second reading and
final adoption:
(#31155-082492) AN ORDINANCE providing for the
dedication of portions of Official Tax Nos. 1110713 and
2014008 to the Commonwealth of Virginia, Department of
Transportation for use as street right-of-way needed for
replacement of the Fifth Street Bridge, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 125.)
Mr. White moved the adoption of Ordinance No. 31155-
082492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ........... 7.
NAYS: None 0.
NATIONAL LEAGUE OF CITIES-COUNCIL: Mrs. Bowles
offered the following resolution designating Mayor
David A. Bowers and Vice-Mayor Beverly T. Fitzpatrick,
Jr., respectively, as Voting Delegate and Alternate
Voting Delegate for the Annual Business Meeting of the
National League of Cities and any business meetings in
connection with said Conference to be held on
November 28 - December 2, 1992, in New Orleans,
Louisiana:
606
ACTION:
ACTION:
(#31175-082492) A RESOLUTION designating a Voting
DeleGate and Alternate Voting Delegate for the Annual
Business Meeting of the National League of Cities.
(For full text of Resolution, see Resolution Book No. 53,
page 150.)
Mrs. Bowles moved the adoption of Resolution No.
31175-082492. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None'
-0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
CITY EMPLOYEES-PAY PLAN-PENSIONS: Mr. Fitzpatrick
moved that the City Attorney be requested to prepare the
proper measure to be considered by Council at its regular
meeting on Monday, September 14, 1992, repealing the
"two-for-one" pension benefit granted to City Council
Members and to Council Appointed Officers on a
prospective basis, effective September 14, 1992.
There being no second, the Mayor declared the motion
lost.
OTHER HEARINGS OF CITIZENS: None.
At 10:30 p.m., the Mayor declared the meeting in
recess.
At 11:00 p.m., the meeting reconvened in the
Gymnatorium of the Monterey Elementary School, 4501
Oliver Road, N. E., with Mayor Bowers presiding, and all
Members of the Council in attendance.
COUNCIL: Mr. McCadden moved that the Council
meeting be extended beyond the 11:00 p.m., automatic
adjournment hour. The motion was seconded by Mr. Musser
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers 7.
NAYS: None. 0.
607
ACTION:
ACTION:
At 11:02 p.m., the Mayor declared the meeting in
recess.
At 11:10 p.m., the meeting reconvened in the
Gymnatorium of the Monterey Elementary School, with Mayor
Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Executive Session just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers 7.
NAYS: None 0.
REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY:
The Mayor advised that the four year term of John H.
Parrott as a member of the Roanoke Valley Regional Solid
Waste Management Board expired on July 31, 1992, and
called for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of
John H. Parrott.
There being no further nominations Mr. Parrott was
reelected as a member of the Roanoke Valley Regional
Solid Waste Management Board, for a term of four years,
ending July 31, 1996, by the following vote:
FOR MR. PARROTT: Council Members Musser, White,
Bowles, Fitzpatrick, Harvey, McCadden and Mayor
Bowers ........ 7.
PERSONNEL DEPARTMENT: The Mayor advised that the
three year term of Elizabeth M. Legg as a member of the
Personnel and Employment Practices Commission expired on
June 30, 1992, and called for nominations to fill the
vacancy.
Mr. Fitzpatrick placed in nomination the name of
Elizabeth M. Legg.
608
ACTION:
ACTION:
ACTION:
ACTION:
There being no further nominations, Ms. Legg was
reelected as a member of the Personnel and Employment
Practices Commission, for a term ending June 30, 1995, by
the following vote:
FOR MS. LEGG: Council Members Musser, White,
Bowles, Fitzpatrick, Harvey, McCadden and Mayor
Bowers -7.
Inasmuch as Ms. Legg is not a resident of the City
of Roanoke, Mr. Fitzpatrick moved that the City residency
requirement for persons serving on authorities, boards,
commissions and committees appointed by the Council be
waived in this instance. The motion was seconded by Mr.
Harvey and unanimously adopted.
HOUSING/AUTHORITY: The Mayor advised that the three
year terms of Robert W. Glenn, Jr., James W. Burks, Jr.,
and Carolyn M. Johnson as Commissioners of the Roanoke
Redevelopment and Housing Authority, will expire on
August 31, 1992, and called for nominations to fill the
vacancies.
Mr. White placed in nomination the names of
Robert W. Glenn, Jr., James W. Burks, Jr., and Carolyn M.
Johnson.
There being no further nominations, Messrs. Glenn
and Burks and Ms. Johnson were reelected as Commissioners
of the Roanoke Redevelopment and Housing Authority, for
terms of three years each, ending August 31, 1995, by the
following vote:
FOR MR. BURKS AND MS. JOHNSON: Council Members
Musser, White, Bowles, Fitzpatrick, Harvey, McCadden and
Mayor Bowers -7.
FOR MR. GLENN: Council Members Musser, White,
Bowles, Fitzpatrick, Harvey and McCadden 6.
(Mayor Bowers voted against the reelection of Mr. Glenn.)
CONVENTION AND VISITORS BUREAU-VIRGINIA TECH/HOTEL
ROANOKE CONFERENCE CENTER: The Mayor called attention to
provisions of the Agreement dated July 24, 1992, by and
between the Roanoke Valley Convention and Visitors Bureau
(RVCVB) and the City of Roanoke for assistance by RVCVB
in marketing the proposed new Hotel Roanoke Conference
Center in which it is provided that City Council shall
appoint one of its members and one other person as
609
ACTION:
ACTION:
ACTION:
members of the Board of Directors of RVCVB to serve at
the pleasure of City Council, the matter was before the
body.
Mr. Fitzpatrick placed in nomination the name of
Delvis O. McCadden.
There being no further nominations, Mr. McCadden was
elected as a member of the Roanoke Valley Convention and
Visitors Bureau, Board of Directors, to serve at the
pleasure of Council, by the following vote:
FOR MR. MCCADDEN: Council Members Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers 6.
(Council Member McCadden abstained from voting.)
CELEBRATIONS-SPECIAL EVENTS: The Mayor advised that
there is a vacancy on the Special Events Committee,
created by the resignation of Mary E. Kepley, and called
for nominations to fill the vacancy.
Mr. Musser placed in nomination the name of Gary C.
Walker.
There being no further nominations, Mr. Walker was
elected as a member of the Spacial Events Committee for
a term ending June 30, 1993, by the following vote:
FOR MR. WALKER: Council Members Musser,
Bowles, Fitzpatrick, Harvey, McCadden and Mayor
Bowers .....
White,
HOUSING/AUTHORITY: The Mayor advised that there is
a vacancy on the Fair Housing Board, created by the
expiration of the term of Clifford A. Hammer, and called
for nominations to fill the vacancy.
Mr. Musser placed in nomination the name of
Brenda A. Powell.
There being no further nominations, Ms. Powell was
elected as a member of the Fair Housing Board, for a term
ending March 31, 1995, by the following vote:
FOR MS. POWELL: Council Members Musser, White,
Bowles, Fitzpatrick, Harvey, McCadden and Mayor
Bowers -7.
610
LIBRARIES: The Mayor advised that there is a
vacancy on the Roanoke Public Library Board, created by
the resignation of Delvis O. McCadden, and called for
nominations to fill the vacancy.
Mr. Musser placed in nomination the name of Mary C.
Maier.
There being no further nominations, Ms. Maier was
elected as a member of the Roanoke Public Library Board,
to fill the unexpired term of Delvis O. McCadden,
resigned, ending June 30, 1995, by the following vote:
ACTION:
FOR MS. MAIER: Council Members Musser, White,
Bowles, Fitzpatrick, Harvey, McCadden and Mayor
Bowers-- 7.
HUMAN DEVELOPMENT: The Mayor advised that there is
a vacancy on the Advisory Board of Human Development,
created by the resignation of Lois B. Eary, resigned, and
called for nominations to fill the vacancy.
Mr. Musser placed in nomination the name of
Michael W. Ridenhour.
There being no further nominations, Mr. Ridenhour
was elected as a member of the Advisory Board of Human
Development to fill the unexpired term of Lois B. Eary,
ending November 30, 1992, by the following vote:
ACTION:
FOR MR. RIDENHOUR: Council Members Musser, White,
Bowles, Fitzpatrick, Harvey, McCadden and Mayor
Bowers --7.
There being no further business, the Mayor declared the
meeting adjourned at 11:15 p.m.
ATTEST
City Clerk
APPROVED
Mayor
COMMONWEALTH o~f VJR~IN]A
THE LIBRARY of VIRGINIA
serving the archival and research needs of Virginians since 1823
~ICROFII. FI CAlVlERA OPERATOR'S CERTIFICATE
THIS IS TO CERTIFY THAT THE HICROPHOTOGRAPHS APPEARING
ON THIS REEL ARE TRUE AND ACCURATE REPRODUCTIONS OF THE
RECORDS LISTED ON THE .TITLE SHEET PRECEDING EACH VOLUI~E OR
SERIES OR RECORDS HICROFIU~EO THEREON/ THAT THE RECORDS
WERE HICROFIL~ED IN THE DATE, OR DURING THE PERIOD, AND AT
THE REDUCTION RATIO INDICATED/ AND THAT WHEN I~ICROFILI~ED
THE RECORDS HERE IN THE CUSTODY OF THE DEPARTI~ENT, OFFICE,
OR INDIVIDUAL LISTED ON THE TITLE SHEET,
DATE
(804) 786-2332
(V/TDD) (804) 786-3618
11U1 STREET AT CAPITOL SQUARE, RICHMOND 23219~491
(FAX) (804) 786-5855
ROANOKE CITY
Office of the City Clerk
City Council Journal
John C. Tyson
STATE LIBRARIAN
COMMONWEALTH o[ V.,/RQINIA
VIRGINIA STATE LIBRARY
and
ARCHIVES
(804)786-2332
(V/IDD)(804 }786-3618
{FAX)(804)786-5855
CERTIFICATE OF AUTHENTICITY
This is to certify thor the records oppeorlng on this
microform were mode ovoilobIe for microfilming by the office
listed on the Title Sheet ond were In the legot custody of
tlmt office or of the Vlrginio Stote Librory as outhorized by
15,1-8, q2,1-82, q2,1-83 of the Code of
Sections 8,01-391,
Vlrglnl,g,
Signature of ~[~ Custodian
D~te
11th STREL'r AT CAPITOL. SQUARE, RICHMOND, VA ~3J1~-~4ll
W
1
SPECIAL MEETING
ROANOKE CITY COUNCIL
September 9, 1992
9:00 a.m.
The Council of the City of Roanoke met in special meeting in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Wednesday,
September 9, 1992, at 9:00 a.m., pursuant to Section 10, Meetings
of Council, of the Roanoke City Charter; and pursuant to a
communication from the Mayor under date of September 3, 1992, with
Mayor David A. Bowers presiding.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Pelvis O. McCadden,
Howard E. Musser, William White, Sr., and Mayor David A.
Bowers ...... 7.
ABSENT: None
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
COUNCIL: The Mayor referred to the following
communication calling the special meeting of Council:
"September 3, 1992
The Honorable Vice-Mayor and Members
of City Council
Roanoke, Virginia
Re: Special Meeting of Council
Dear Mrs. Bowles and Gentlemen:
By this letter, I am calling a Special Meeting of
City Council for 9:00 a.m., on Wednesday, September 9,
1992, in the Council Chamber. The purpose of the meeting
will be to consider salaries, compensation and benefits
of City Council and Council-Appointed Officers.
ACTION=
As a part of
Executive Session
matter:
such meeting, I
to consider the
am requesting an
following subject
A personnel matter relating to
salaries, compensation and benefits
of Council-Appointed Officers,
pursuant to S2.1-344 (A)(1), Code of
Virginia (1950), as amended, which
is also a legal matter requiring the
provision of legal advice by counsel
pursuant to S2.1-344 (A)(7), all of
the foregoing relating to salaries,
compensation and benefits made
available to Council-Appointed
Officers and the possible amendment
of certain of such salaries,
compensation and benefits.
After the Executive Session, it is anticipated that
Council may engage in public discussion of the issues and
consider motions made by members of Council to address
the issues.
Very truly yours,
S/David A. Bowers
David A. Bowers, Mayor"
(See communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council convene in
Executive Session to discuss a personnel matter relating
to salaries, compensation and benefits of Council-
Appointed Officers, pursuant to Section 2.1-344(A)(1),
Code of Virginia (1950), as amended, which is also a
legal matter requiring the provision of legal advice by
counsel, pursuant to Section 2.1-344(A)(7), Code of
Virginia (1950), as amended, all of the foregoing
relating to salaries, compensation and benefits made
available to Council-Appointed Officers and the possible
amendment of certain of such salaries, compensation and
benefits. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 7.
Nays: None 0.
3
,!
ACTION:
At 9:05 a.m., the Mayor declared the meeting in
recess.
At 11:10 a.m., the meeting reconvened tn the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council tn attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
Nays: None 0.
COUNCIL-CITY EMPLOYEES-PENSIONS-CITY MANAGER-CITY
ATTORNEY-MUNICIPAL AUDITOR-CITY CLERK-REAL ESTATE
VALUATION-DIRECTOR OF FINANCE: Mr. Fitzpatrick moved
that the City Attorney be requested to prepare the proper
measure to be considered by Council on Monday,
September 14, 1992, repealing the "two-for-one" pension
benefit granted to City Council Members and to City
Council-Appointed Officers on a prospective basis,
effective September 14, 1992. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White, and Mayor Bowers 7.
NAYS: None
Mr. Harvey advised that Council is greatly concerned
over the current pay plan and resulting controversy, and
moved that the City Manager/Director of Finance report to
Council by January 1, 1993, with regard to the following:
A recommendation by the City Manager
to correct existing inequities tn
the City's Pay Plan·
The cost of Implementing two
longevity steps for long term City
employees.
The cost to the pension plan to
reduce the number of years required
to be vested from ten to five.
The motion was
unanimously adopted.
seconded by Mrs. Bowles and
ACTION:
COUNCIL: Mr. Musser moved that the City Attorney be
requested to prepare the proper measure providing that
any pay increase or other increase in benefits or
compensation for Council Members shall not become
effective until after the next Councilmanic election.
The motion was seconded by Mr. White and unanimously
adopted.
There being no further business, the Mayor declared the
special meeting adjourned at 11:20 a.m.
APPROVED
ATTEST
City Clerk
Mayor
5
REGULAR WEEKLY SESSION-- ROANOKE CITY COUNCIL
September 14, 1992
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, September 14,
1992, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members William White, Sr., Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Delvis O.
McCadden, Howard E. Musser and Mayor David A. Bowers --7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; William X
Parsons, Assistant City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend J. Duane
Bitrick, Pastor, Sharon Baptist Church, Clifton Forge, Virginia.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PUBLIC HEARINGS
BONDS/BOND ISSUES-SCHOOLS: Pursuant to Resolution
No. 25523 adopted by the Council on Monday, April 6,
1981, the City Clerk having advertised a public hearing
for Monday, September 14, 1992, at 7:30 p.m., or as soon
thereafter as the matter may be heard, with regard to the
proposed adoption of a measure approving issuance by the
City of its general obligation bond or bonds in an
estimated maximum amount of $2,250,000.00, for the
purpose of financing, in part, the costs of improvements
and additions to Forest Park Elementary School, the
matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Sunday,
August 30, 1992, and Sunday, September 6, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
ACTION:
Mr. White moved that the following ordinance be
placed upon its first reading:
(#31176) AN ORDINANCE authorizing the issuance of
not to exceed $2,250,000.00 General Obligation School
Bonds, Series 1992, of the City of Roanoke, Virginia, to
be sold to the Virginia Public School Authority, and
providing for the form and details there.
(For full text of Ordinance, see Ordinance Book No. 54,
page 182.)
The motion was seconded by Mr. McCadden.
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter.
There being none, Ordinance No. 31176 was adopted, on its
first reading, by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ......... 7.
NAYS: None 0.
ZONING-ARCHITECTURAL REVIEW BOARD: Pursuant to
Resolution No. 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public
hearing for Monday, September-14, 1992, at 7:30 p.m., or
as soon thereafter as the matter may be heard, with
regard to proposed amendments and revisions to Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979),
as amended, such amendments and additions to clarify and
make certain sections consistent with the State Code to
permit special uses for historic structures, to improve
communication between the Board and affected areas, to
eliminate the necessity of amending the Zoning Ordinance
each time certain fees are changed, and to prohibit
outside storage in residential areas to ensure more
effective enforcement; and proposed amendments to the
Zoning Ordinance, relating to the Architectural Review
Board, the H-2 District, and Special Uses in Historic
Structures, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
August 28, 1992, and Friday, September 4, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
7
ACTION=
Mr. Fitzpatrick moved that the following ordinance
be placed upon its first reading:
(#31177) AN ORDINANCE amending S36.1-345, District
regulations; certificate of appropriateness; S36.1-552,
Uses permitted by SPecial exception by the addition of
new subsection (g); S36.1-553, General standard~, by the
addition of new subsection (b); S36.1-641, Powers
generally by the addition of new subsection (e); and
subsections (a) and (d) of ~36.1-710, Fees generally; of
Chapter 36.1, Zoninq, of the Code of the City of Roanoke
(1979), as amended, and adding new ~36.1-59, Outdoor
storaqe; ~36.1-78, Outdoor storaqe, ~36.1-95, Outdoor
storage, ~36.1-113, Outdoor storaqe, ~36.1-133, Outdoor
storage, S36.1-152, Outdoor storage, to Chapter 36.1,
Zoning, of the Code of the City of Roanoke (1979), as
amended, such amendments and additions to clarify and
make consistent with the State Code certain sections, to
permit special uses for historic structures, to improve
communication between the board and affected areas, to
eliminate the necessity of amending the zoning ordinance
each time a fee is changed, and to prohibit outside
storage in residential areas to ensure more effective
enforcement.
(For full text of Ordinance, see Ordinance Book No. 54,
page 191.)
The motion was seconded by Mrs. BoWles.
A report of the City Planning Commission advising
that the purpose of the proposed ordinance amendments and
revisions is twofold: (1) for more effective zoning
enforcement in residential areas, it is necessary to set
forth provisions in the Code to specifically address
"open/outdoor storage"; and (2) to eliminate the
necessity of amending the Zoning Ordinance each time a
development permit fee is changed, and it is recommended
that such fee schedule in the Zoning Ordinance be deleted
and that reference be made to the Fee Compendium as
adopted and recommended by Council be substituted, was
before the Body.
The Planning Commission recommended that Council
approve the proposed Zoning Ordinance amendments and
revisions as presented inasmuch as both text amendments
8
would provide City staff with the needed tools for more
effective and efficient Code enforcement and
administration.
(For full text, see report on file in the City Clerk's
Office.)
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter;
whereupon, Mr. John P. Bradshaw, Jr., Chairman of the
Ordinance and Names Subcommittee of the City Planning
Commission, reviewed recommendations of the Planning
Commission, advising that the matter is an ongoing
process of endeavoring to amplify Architectural Review
Board requirements relative to Historical Zones,'H-1 and
H-2. He stated that the purpose of the recommendations
is to become more in line with State Code provisions to
provide a clarification of the definition of "ordinary
maintenance" and to provide for certain housekeeping
items with regard to open/outdoor storage, etc.
Mr. John P. Cone, 522 Mountain Avenue, S. W., an
architect with over 40 years of experience in historic
architectural renovation, advised that City staff has
stated that the proposed ordinance is in concert with
State law, however, he took issue with one particular
area. He stated that he favors historic preservation on
a voluntary basis, but not on a legally enforced basis,
advising that historic preservation is an art which needs
to be by advice and consent and not by government
mandate. He presented copies of documents upon which the
proposed ordinance is based, viz: Secretary of Interior
Standards for Rehabilitation, and Guidelines for
Rehabilitating Historic Buildinqs. He explained that the
Standards are mandated, however, the Guidelines go on
indefinitely and serve merely as suggestions. He added
that the second paragraph of the Guidelines provide that,
"It should be noted at the outset that the Guidelines are
intended to assist in applying the Standards to projects
generally. Consequently, they are not meant to give
advice or address exceptions of rare instances." For
example, Mr. Cone noted that the Guidelines cannot tell
an owner or a developer which features of their own
historic buildings are important in defining historic
character and must be preserved, although exemptions are
provided in each section, which features could be
altered, if necessary, to the new use. He continued to
read the following quote from the Guidelines, "This kind
of careful case by case decisionmaklng is best
accomplished by seeking assistance from a qualified
historic preservation professional in the planning stage
9
of the project. Such professionals include architects,
architectural historians, historians, archaeologists and
others who are skilled in preservation rehabilitation and
the restoration of historic properties."
Mr. Cone referred to examples of alternatives and
additions to a historic building, some of which are
drastic, advising that the document states that, "Some
exterior/interior alternatives to the historic building
are generally needed to assure its continued use, but it
is important that such alternatives do not radically
change, obscure or destroy character defining spaces,
materials, features or finishes. Alternatives may
include providing additional parking spaces on an
existing historic building site, building new entrances
or windows in secondary elevations, inserting an
additional floor, installing an entirely new mechanical
system or creating an atrium or lightwell. Alternatives
may also include the selective removal of buildings from
or other features of the environment or building that are
intrusive and therefore detract from the overall historic
character." He stated that such are matters of personal
taste and cannot be mandated by law; that City staff
claims that this is Just another Zoning Ordinance,
however, he submitted that it goes well beyond zoning and
goes to the very heart of the issue of taking without
compensation. He noted that on June 29, 1992, the United
States Supreme Court reaffirmed the protection of
property rights under the Constitution; that the case of
Lucas vs. South Carolina Coastal Council stated that a
government may not commandeer rights to the use of
private property without compensating the owner. He
added that the Lucas opinion left open many questions
such as whether the Constitution requires compensation
when regulations restrict some of the uses but not
economic development, and those questions will continue
to be issues as government agencies try to meet such
goals as environmental protection and historic
preservation.
Mr. Mansell H. Hopkins, 546 Elm Avenue, S. W., urged
that Council vote against the proposed regulations.
Mr. William D. Bestpitch, owner of a bed and
breakfast house located at 381 Washington Avenue, S. W.,
urged that Council support stringent regulations for
historic preservation. He stated that whether it be the
old southwest neighborhood, or Gainsboro, or any other
area of the City, neighborhood preservation and historic
preservation are extremely important to the economic
development of tourism, especially in the Roanoke area
10
where historic neighborhoods play such a large role in
promoting tourism. He added that there are certain
closely related issues; viz: 1) the need to stress
preservation of all historic neighborhoods in Roanoke
because if only one person is allowed to change a
structure, that change not only affects that particular
piece of property, but the entire city-scape of the
entire block; and 2) support for tourism promotion must
be increased or no one will know about the historic
neighborhoods that exist in the Roanoke area. He
requested that Council recognize the importance of the
issues and vote in favor of the proposed ordinance.
Mr. D. Kent Chrisman, 632 Walnut Avenue, S. W.,
representing the Old Southwest Neighborhood Association,
expressed appreciation to the City Planning Commission
and staff and the Board of Zoning Appeals for their work
in connection with the proposed revisions. He spoke in
support of adoption of the ordinance.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
President of the Historic Gainsboro Preservation
District, Inc., advised that Gainsboro represents the
oldest neighborhood in the City of Roanoke, and its
petition for official historic designation is presently
before the City Planning Commission, and encouraged
Council to vote in favor of the proposed ordinance. She
stated that it is strange that the oldest neighborhood in
Roanoke does not yet have official historic recognition
inasmuch as it is surrounded by the Hotel Roanoke, St.
Andrew's Catholic Church, Arts at Old First Place and the
soon to be historic Gainsboro Branch Library. She added
that the Gainsboro neighborhood was in existence before
the City of Roanoke was chartered; and its citizens have
survived and maintained the area despite all of the so-
called urban renewal and threats that the City would take
homes. She stated that the Gainsboro neighborhood is an
important and significant area to the entire City and to
the Valley and encouraged Council to adopt the proposed
ordinance.
Ordinance No. 31177 was adopted, on its first
reading, by the following vote:-
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ....... 7.
NAYS: None 0.
11
ACTION=
ACTION=
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss vacancies on various authorities, boards,
com~issions and committees appointed by Council.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and co~unittees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers -7.
NAYS: None 0.
PENDING LIST: A list of items pending from July 10,
1978, through September 9, 1992, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mrs. Bowles moved that the pending list be received
and filed. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
12
ACTION:
ACTION:
ACTION:
REFUSE COLLECTION: A report of qualification of Mr.
John H. Parrott as a member of the Roanoke Valley
Regional Solid Waste Management Board, for a term ending
July 31, 1996, was before Council.
(See Oath or Affirmation of Office on file tn the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
NAYS: None-- 0.
HOUSING/AUTHORITY: A report of qualification of
James W. Burks, Jr., and Carolyn M. Johnson as members of
the City of Roanoke Redevelopment and Housing Authority,
Board of Commissioners, for terms ending August 31, 1996,
was before Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
ECONOMIC DEVELOPMENT: A report of qualification of
Stanley R. Hale and Beverly T. Fitzpatrick, Jr., as
members of the Economic Development Commission, for terms
ending June 30, 1995, was before Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers --7.
NAYS: None
13
ACTION=
ACTION=
FIRE DEPARTMENT: A report of qualification of
Michael K. Quinn as a member of the Board of Fire
Appeals, for a term ending June 30, 1996, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
NAYS: None
e
LIBRARIES: A report of qualification of Mary C.
Maier as a member of the Roanoke Public Library Board,
for a term ending June 30, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of funds to
the following school accounts, was before Council.
Grant No. 6137
$3,313,479.00 for the Chapter I
Winter Program to provide
remedial reading, language arts
and mathematics instruction for
students in targeted schools.
The Program is 100 per cent
reimbursed by Federal funds.
14
ACTION:
Grant No. 6754
$73,976.00 for the Adult Basic
Education Program for 1992-93
to provide funds for the
education of adults who have
not completed high school. The
Program will be reimbursed by
Federal funds, in the amount of
$146,891.00, and matching funds
previously requested will be
provided in the amount of
$22,600.00.
A report of the Director of Finance recommending
that Council concur in the request of the School Board,
was also before the body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31178-091492) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 151.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31178-091492. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None-- O.
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of funds to
the following school accounts, was before Council.
Grant No. 6432
$6,218.00 for the Summer Youth
Employment Program for the
summer of 1992 to provide
training and hands -on
experience for building trades
students. The funds represent
Grant No. 6435
Grant No. 6507
Grant No. 6508
Grant No. 6995
Grant No. 6996
an additional allocation from
the Federal Government, and
will be 100 per cent reimbursed
by Federal funds.
$8,000.00 for the Alternative
Education Computer Equipment
Program to provide for the
purchase of ten instructional
computers and a printer to aid
in training activities. The
Program will be 100 per cent
reimbursed by Federal funds.
$60,455.00 for the Preschool
Incentive Program to provide
orientation and evaluation for
handicapped students who will
be entering the public school
system for the first time
during the fall. The Program
will be 100 per cent reimbursed
by Federal funds.
$350,000.00 for the Special
Education Tuition Program to
provide funding for the
placement of special education
students at the direction of
the State Department of
Education. The Program will be
reimbursed 100 per cent by
State funds.
$161,248.00 for the Drug Free
Schools Program to provide
counselors, training workshops
and materials for the operation
of a community-wide alcohol and
drug prevention program. The
Program will be reimbursed 100
per cent by Federal funds.
$2,500.00 for the SAT
Preparation Program to provide
funds from student fees for
instruction to prepare students
for the Scholastic Aptitude
Test.
16
ACTION
Grant No. 6997
$91,690.00 for the Impact Aid
Program to provide funds for
Magnet Program recruitment and
planning costs, school-business
partnership coordination, and
operational expenses of the
Office of Grants, Research, and
Evaluation. The Program will
be reimbursed 100 per cent by
Federal funds.
A report of the Director of Finance recommending
that Council concur in the request of the School Board,
was also before the body.
(For full text, see communication and report on ~ile in
the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31179-091492) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 154.)
Mrs. Bowles moved the adoption of Ordinance No.
31179-091492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers .............. 7.
NAYS: None. 0.
CAPITAL IMPROVEMENTS PROGRAM-SCHOOLS: A
communication from the Roanoke City School Board
requesting approval of an intent statement for the
financing of capital improvements and additions to
Virginia Heights Elementary School, advising that the
intent statement, which is required by new Federal
regulations, will indicate that Roanoke City wlll provide
temporary financing of the Virginia Heights Elementary
School capital improvement project with the intent of the
City to reimburse itself using the proceeds of a future
debt instrument, either a State Literary Fund Loan or a
Virginia Public School Authority Bond Issue, was before
Council.
17
ACTION~
A report of the City Attorney advising that the
United States Treasury Department has recently issued
regulations which affect the ability of public bodies to
issue tax-exempt bonds to reimburse expenditures made on
capital projects; that, in essence, regulations require
the public body to adopt an expression of official intent
to issue debt to reimburse expenditures on the particular
project; that the statement must describe the project and
the maximum amount to be borrowed for the project; that
the statement must also specifically provide that it is
a declaration of intent under Federal regulations; and in
addition, regulations require that the statement be
available for public inspection after its adoption, was
also before Council.
It was further advised that Council on February 3,
1992, authorized submittal of an application for a loan
from the State Literary Fund for proposed renovations at
Virginia Heights Elementary School; that recent school
renovation projects have been funded through the issuance
of bonds sold to the Virginia Public School Authority;
and in the event that the bonds are deemed to be in the
best interest of the City for the Virginia Heights
Elementary School project, an official intent statement
as described above will be required.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. Harvey offered the following resolution:
(#31180-091492) A RESOLUTION authorizing the School
Board for the City of Roanoke to expend funds for adding
to and improving the present school building at Virginia
Heights Elementary School and declaring the City's intent
to borrow to fund or reimburse such expenditures.
(For full text of Resolution, see Resolution Book No. 54,
page 158.)
Mr. Harvey moved the adoption of Resolution No.
31180-091492. The motion was seconded by Hr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
NAYS: None 0.
18
ROANOKE VALLEY RESOURCE AUTHORITY-REFUSE COLLECTION:
A Joint report of Joel M. Schlanger and Kit B. Kiser, the
City's representatives to the Roanoke Valley Resource
Authority Board advising that the User Agreement dated
October 1991, between Roanoke City, Roanoke County, and
the Town of Vinton requires the approval of the charter
member Jurisdictions of the Annual Operating Budget and
the Capital Budget; that the fiscal year 1992-93 Annual
Operating budget has been approved by the charter member
Jurisdictions; that $33,830,000.00 of revenue bonds were
sold by the Roanoke Valley Resource Authority on
August 19, 1992, at an effective interest rate of 5.99
per cent, in accordance with approval by charter member
Jurisdictions; and disposition of bond proceeds are
anticipated as follows:
Principal Bond Amount
Less Issue Discount
Plus Discount Interest
Net Bond Proceeds Available
for Capital Improvements
Add Interest Income Anticipated
Total Funding Available for
Capital Improvements
$33,830,000.00
(889,099.15)
81t043.78
$33,021,944.63
392~060.00
$33,414,004..~63
It was further advised that the first debt service
payment is due on September 1, 1994, in the amount of
$1,940,999.92; and the Capital Budget, in the amount of
$33,414,005.00, was approved by the Authority, contingent
upon approval by charter member Jurisdictions.
Messrs. Schlanger and Kiser recommended that Council
approve the Capital Budget of the Roanoke Valley Resource
Authority, in the amount of $33,414,005.00, to allow for
construction contracts to be awarded for necessary
capital improvements.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31181-091492) A RESOLUTION approving amendments
to the Fiscal Year 1992-93 Budget of the Roanoke Valley
Resource Authority as recommended by report from the
City's representatives on the Roanoke Valley Resource
Authority Board, dated September 14, 1992.
(For full text of Resolution, see Resolution Book No. 54,
page 159.)
19
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No.
31181-091492. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ....... 7.
NAYS: None -0.
LEGISLATION-CABLE TELEVISION: A communication from
Council Member Howard E. Musser advising that Congress is
currently considering cable television legislation which
would include provisions for the regulation of rates
charged by cable television operators; and the Senate and
the House of Representatives have each passed different
cable television regulation bills which are to be
reviewed and merged into a final cable television bill by
a conference committee.
Mr. Musser explained that although the legislation
is apparently not yet in final form, it is important that
Council formally support the regulation of cable
television; and recommended that Council adopt a measure
stating Council's support for legislation pending in the
United States Congress that would provide for additional
regulation of cable television rates and service in the
form advocated by local governments.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31182-091492) A RESOLUTION expressing Council's
support for pending Federal legislation regulating cable
television.
(For full text of Resolution, see Resolution Book No. 54,
page 160.)
Mr. Musser moved the adoption of Resolution No.
31182-091492. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
REPORTS OF OFFICERS:
20
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
STREETS AND ALLEYS: The City Manager submitted a
written report in connection with a request from Mr.
Oscar Hollar, 5121 Woodbury Street, N. W., which was made
to the City Engineering Department to investigate the
possibility of making some type of traffic safety
improvement at the intersection of Maitland Avenue and
Williamson Road, N. W., such as the barricading of a
portion of Maitland Avenue between Williamson Road and
Woodbury Street.
The City Manager advised that on February 25, 1991,
he requested authorization from Council to file all
necessary applications on behalf of the City, to alter by
closure with barricades, Maitland Avenue, N. W., between
Wtlliamson Road and Woodbury Street, at which time
Council concurred in the request; that the City Planning
Commission approved the closure by barricade for a trial
period of six months, at its regular meeting on July 3,
1991; and Council authorized the temporary closure by
barricade at its meeting on August 26, 1991, pursuant to
Ordinance No. 30647-082691, which barricades were
installed on September 11, 1991.
The City Manager explained that the temporary
barricade appears to have been successful; that the
petitioner has advised that the barricades work well and
have increased the safety of the intersection; and
permanent closure would result in partial reconstruction
of the intersection which would necessitate removal of
the Maitland Auenue pavement between Williamson Road and
Woodbury Street, and construction of an improved turning
radius from southbound Wllliamson Road for right turns
onto Woodbury Street, with seeding of all disturbed
areas.
The City Manager recommended that he be authorized
to file all necessary applications on behalf of the City
to alter by permanent closure, Maitland Avenue, N. W.,
between Wtlliamson Road and Woodbury Street.
(For full text, see report on file in the City Clerk's
Office.)
ACTION=
Mrs. Bowles moved that Council concur in the
recommendation of the City Manager. The motion was
seconded by Mr. Fitzpatrick and unanimously adopted.
BUDGET-GRANTS-FDETC: The City Manager submitted a
written report with regard to funding for the Fifth
District Employment and Training Consortium, advising
that the Consortium submitted its fiscal year 1993 Title
II-A Implementation Strategy to the Governor's Employment
and Training Department; that the Consortium also
submitted its Implementation Strategy for the Title III,
Economic Dislocated Worker Adjustment Act program for
fiscal year 1993; and additional Title II-B, Summer Youth
Employment Program, funds have been received from the
State's Title II-B Emergency Supplemental funds.
It was further advised that the City of Roanoke has
allocated funds from the Department of Human Development
to assist with costs incurred for the Summer Food Service
Program; that Operation Bootstrap is a program
established to enable very low income families in the
City of Roanoke to become economically self-sufficient,
through cooperative efforts of the public and private
sectors; and Opportunity Knocks: Roanoke Valley
Conservation/Service Corp is a statewide initiative of
Governor Wilder, which is a comprehensive youth
service/conservation project designed to complement the
current education and employment options available to
Virginia's youth.
The City Manager explained out that the Governor's
Employment and Training Department (GETD) has sent the
Consortium Notice of Award No. 93-03-01, in the amount of
$890,385.00, for the Title II-A program; that the GETD
has sent the Consortium Notice of Award No. E-01, in the
amount of $188,890.00, and Notice of Award No. E-02, in
the amount of $50,000.00, for the Title III program; that
the Virginia Employment Commission has -awarded the
Consortium, pursuant to Agreement No. GPR-92-11-03,
$60,166.00 in Title III, 40 per cent funds to assist the
Agency in responding to employer layoffs within the
Jurisdictions; that the GETD has sent the Consortium
Notice of Award No. 92-03-09, in the amount of
$443,974.00 for additional Title II-B funding; that
Jurisdictions of the Fifth Planning District, to date,
have contributed $5,728.14 to offset some of the agency's
administrative costs; that the City has allocated
$12,330.00 in Human Development funding to the Agency for
the Summer Food Services Program; that the City of
Roanoke has awarded funding to the Consortium for project
management and administration of Operation Bootstrap, in
ACTION~
the amount of $10,467.00, from Community Development
Block Grant funds; that GETD sent the Consortium Notice
of Award No. OK-01, in the amount of $190,125.00, for
Opportunity Knocks: Roanoke Valley Conservation/Service
Corp; and availability of additional funds for the
Consortium totals $1,852,065.14 for the fiscal year
beginning July 1, 1992.
The City Manager recommended that Council
appropriate the Fifth District Employment and Training
Consortium's additional funding, in the amount of
$1,852,065.14, and that the revenue estimate be
increased, in the amount of $1,852,065.14, in accounts to
be established by the Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following emergency budget
ordinance:
(#31183-091482) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 161.)
Mr. McCadden moved the adoption of Ordinance No.
31183-091492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers- --7.
NAYS: None 0.
CITY EMPLOYEES-LIBRARIES: The City Manager
submitted a written report advising that Chapter 2,
Section 2-45, Leave of Absence for Educational Purposes,
Code of the City of Roanoke (1979), as amended, provides
for a leave of absence for educational purposes for City
employees, upon certain terms and conditions.
It was further advised that aD employee of the City
Library has requested educational leave for the purpose
of obtaining a Master's Degree in Library and Information
Science; that James C. Stephens, Library Associate, has
applied to the University of North Carolina for admission
into the graduate program in Library and Information
Science; that in order to complete the requirements and
ACTION:
obtain a Master's Degree in Library and Information
Science on a full-time basis, a minimum of one year is
required; and Mr. Stephens has been employed by the City
since September, 1990, and has requested that the leave
of absence commence on January 2, 1993, through
December 31, 1993.
The City Manager recommended that Council approve a
Leave of Absence for Educational Purposes for James C.
Stephens, Library Associate; and that he be authorized to
enter into a written agreement establishing the terms and
conditions of educational leave with Mr. Stephens.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31184-091492) A RESOLUTION approving the granting
of a leave of absence for educational purposes to
James C. Stephens, an employee of the City Library.
(For full text of Resolution, see Resolution Book No. 54,
page 164.)
Mr. Harvey moved the adoption of Resolution No.
31184-091492. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
Mr. White suggested that the City Manager develop
written guidelines applicable to applying for a leave of
absence for educational purposes.
BUDGET-GRANTS-LIBRARIES: The City Manager submitted
a written report advising that Federal 'aid through a
Library Service and Construction Act (LSCA) Title I
Grant, in the amount of $6,825.00, has been approved for
the Roanoke City Public Library by the Virginia State
Library and Archives; that the City's Library is a
subregional library for visually and physically impaired
residents of the Fifth Planning District; that Virginia
currently has nine subregional libraries; and the Grant
will be used to fund staff training, equipment, supplies
and extra help.
It was further advised that the library seeks to
enhance services to library special populations through
its Outreach Services Unit; and library ad~inistration
recommends that the grant, in the amount of $6,825.00, be
used for the following purposes:
purchase additional supplies
automated circulation system;
for existing
continue staff training on the Reader
Enrollment and Distribution System, the
automated circulation system of the National
Library Service for the Blind and Physically
Handicapped, The Library of Congress;
continue hours of an existing part-time
Library Assistant to maintain the talking book
collection and automate equipment files;
maintain existing equipment; and
install uninterruptible power
upgrade current phone system.
supply and
The City Manager recommended that Council accept the
Library Services and Construction Act Title I Subregional
Library for the Blind Grant, in the amount of $6,825.00;
and appropriate funds to the following accounts to be
established in the Grant Fund:
$491.00 to Training and Development, Account
No. 035-054-5112-2044
$500.00 to Administrative Supplies, Account
No. 035-054-5112-2030
$2,446.00 to Temporary Employee Wages, Account
No. 035-054-5112-1004
$188.00 to FICA, Account No. 035-054-5112-1120
$900.00 to Maintenance - Equipment, Account
No. 035-054-5112-2048
$2,300.00 to Other Equipment, Account No. 035-
054-5112-9015
ACTION:
ACTION=
The City Manager further recommended establishment of a
revenue estimate, in the amount of $6,825.00, and that
he, or his designee, be authorized to execute necessary
documents accepting said grant for the Roanoke Public
Library.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(%31185-091¢92) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 165.)
Mrs. Bowles moved the adoption of Ordinance No.
31185-091492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ---7.
NAYS: None 0.
Mrs. Bowles offered the following resolution:
(#31186-091492) A RESOLUTION accepting a Library
Services and Construction Act (LSCA) Title I Grant for
the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 54,
page 166.)
Mrs. Bowles moved the adoption of Resolution No.
31186-091492. The motion was seconded byMr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ........ 7.
NAYS: None 0.
BUDGET-BRIDGES-CONSULTANTS REPORTS: The City
Manager submitted a written report with regard to bridge
repair and maintenance projects, advising that the City's
Bridge Inspection Program has revealed that some bridge
structures in the City are in need of significant
maintenance to retard deterioration and avoid future
repair/replacement costs due to continuous deterioration;
that the Engineering Department has reviewed previous
bridge inspection reports and especially the last Annual
Report of 1991 to determine which structures require
attention initially; and the review process indicated
that eight certain bridge structures are prime candidates
for major repairs or total replacement.
It was further advised that a request for
professional services with qualifying proposals was
advertised in the Roanoke Times & World News on Sunday,
May 24, 1992; that the firms of Mattern & Craig, Inc.,
Consulting Engineers and Surveyors, Roanoke; Hayes, Seay,
Mattern & Mattern, Inc., Engineers and Planners, Roanoke;
and HDR Engineering, Inc., Virginia Beach responded to
the request for services; and an interview process
following presentation of proposals confirmed that both
Mattern & Craig, Inc., and Hayes, Seay, Mattern &
Mattern, Inc., were equally qualified to perform the
work.
The City Manager explained that a review committee
decided to split the eight bridge projects between
Mattern & Craig, Inc., and Hayes, Sea¥, Mattern &
Mattern, Inc.; whereupon, the City Manager recommended
that Council award engineering services contracts to
Mattern & Craig, Inc., Consulting Engineers & Surveyors,
in the amount of $134,200.00, and to Hayes, Sea¥, Mattern
& Mattern, Inc., in the amount of $212,959.00, in a form
acceptable to the City Attorney; and that the Director of
Finance be authorized to transfer funds to a new capital
account to be entitled "Bridge Repair/Replacement
Engineering", as follows:
Capital Fund Interest Account
$ 66,929.00
Transfer to Capital Fund Account
280~230.00
Total Transfer $347,!59.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
ACTION:
ACTION:
(#31187-091492) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 167.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31187-091492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers -7.
NAYS: None 0.
Mr. Fitzpatrick offered the following resolution:
(#31188-091492) A RESOLUTION authorizing the City
Manager to enter into engineering services contracts with
certain engineering firms, providing for preliminary cost
estimates, design and construction contract
administration, in connection with certain bridge repair
and maintenance projects, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 54,
page 168.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31188-091492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers -7.
NAYS: None 0.
SIDEWALK/CURB AND GUTTER: The City Manager
submitted a written report with regard to Change Order
No. 2 for new concrete sidewalks, entrances and curbs,
Bond Issue - Phase VI, advising that Council, at its
regular meeting on Monday, March 16, 1992, awarded a
contract to S. R. Draper Paving Company, in the amount of
$233,622.00; that the contract awarded was $65,175.00
above the low bid due to good unit prices which would
allow for additional curb and sidewalk; that Change Order
No. 1 was issued, in the amount of $3,600.00, for three
ACTION
ACTION:
tree grates; and citizens on the north side of the 900
block of Campbell Avenue have requested that the star
brick sidewalks be retained and extended to the 800
block.
The City Manager recommended that Council authorize
Change Order No. 2 to the contract with S. R. Draper
Paving Company, in the amount of $29,850.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
ordinance:
(#31189-091492) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 2 to the City's
contract with S. R. Draper Paving Company, for new
concrete sidewalks, entrances and curbs; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 169.)
Mr. Harvey moved the adoption of Ordinance No.
31189-091492. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ---7.
NAYS: None
REFUSE COLLECTION-EQUIPMENT-SCHOOLS-HOUSiNG/
AUTHORITY: The City Manager submitted a written report
advising that bulk refuse collection containers are
located at numerous City facilities including parks,
libraries, Civic Center, airport, Municipal complex, Jail
and Water and Health Departments; that the units, most of
which are emptied on a weekly basis, are necessary to
provide for proper collection of solid waste at said
facilities; and 72 units are located throughout the City.
The City Manager recommended that Council accept the
bid submitted by Handy Dump, Inc., to provide bulk
container collection service for a period of one year, at
a cost of $11.00 per unit, per pick-up, and to rent bulk
ACTION:
collection containers, as needed, at a cost of $15.00 per
unit, per month; and that the other bid received by the
City be rejected.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31190-091492) A RESOLUTION accepting a bid made
to the City for providing bulk container collection
service; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 54,
page 170.)
Mr. Musser moved the adoption of Resolution No.
31190-091492. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
Mr. White requested that the City Manager respond to
the following questions:
What is the estimated annual cost of
the bulk container contract for
fiscal year 1992-937
What was the cost of the bulk
container contract for fiscal year
1991-927
Has consideration been given to
Jointly bidding the bulk container
collection service by the City of
Roanoke, the Roanoke Redevelopment
and Housing Authority and the
Roanoke City Public Schools? If
not, Mr. White requested that the
matter be studied in connection with
bids for next year's contract.
30
ACTION:
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance
submitted the Financial Report for the City of Roanoke
for the month of July, 1992.
(For full text, see Financial Report on file in the City
Clerk's Office.)
Mr. Harvey moved that the Financial Report be
received and filed. The motion was seconded by Mr.
Musser and unanimously adopted.
CITY ATTORNEY:
CITY CODE-LEGISLATION-PROCUREMENTCODE-PUBLIC WORKS:
The City Attorney submitted a written report advising
that the 1992 Session of the General Assembly enacted a
State Code amendment which requires conforming the City
Code; that at the 1992 Session, Section 11-61 of the
State Code was amended to allow the use of certain
alternative forms of security in lieu of the payment or
performance bond required of contractors; that prior to
amendment, a bidder could furnish a personal bond,
property bond, or bank or savings and loan association's
letter of credit in lieu of a bid bond only; and new
legislation allows the use of these alternate forms of
security in lieu of payment and performance bonds as well
as the bid bond.
The City Attorney recommended adoption of a measure
which would conform the Code of the City of Roanoke
(1979), as amended, to said mandatory provision of the
State Code.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
(%31191-091492) AN ORDINANCE amending and
reordaining subsection (b) of Section 23.1-18,
Alternative forms of security, of Chapter 23.1,
Procurement, of the Code of the City of Roanoke (1979),
as amended, to allow for the use of alternative forms of
security in lieu of a payment or performance bonds; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 171.)
31
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
31191-091492. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None-- 0.
CITY CODE-CITY EMPLOYEES-PENSIONS-CITYMANAGER-CITY
ATTORNEY-CITY CLERK-DIRECTOR OF FINANCE-MUNICIPAL
AUDITOR-COUNCIL-REALESTATE VALUATION: The City Attorney
submitted a written report in connection with the "two-
for-one" pension service credit for Council Members and
Council Appointed Officers advising that as directed by
Council at its special meeting on September 9, 1992, he
has drafted two ordinances amending Ordinance Nos. 31001-
051192 and 31003-051192, each adopted by Council on
May 11, 1992; that the first measure terminates
calculation of membership service on an enhanced basis
for City Council members, effective September 14, 1992,
and is applicable to current and future members of City
Council, and the second measure is applicable to current
and future Council-Appointed Officers.
The City Attorney further advised that he had every
confidence that prospective repeal is lawful and
transmitted copy of a communication from Wallace M.
Starke, a pension law expert, offering the opinion that
a prospective repeal will be effective and not unlawful
under Virginia law and will not cause the pension plan to
lose its tax qualified status under the Internal Revenue
Code.
It was pointed out that Council also requested
preparation of a measure providing that any pay increase
or other increase in benefits or compensation for Council
Members shall not become effective until after the next
Councilmanic election, advising that he would prepare the
measure for consideration by Council at its meeting on
Monday, September 28, 1992.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
(#31192-091492) AN ORDINANCE amending and
reordaining subsection (h) of Section 22.1-44, Normal
Service Retirement, and subsection (f) of Section 22.1-
ACTION:
45, Early Se~¥ice Retirement Allowance, of Chapter 22.1,
Pensions and Retirement, Code of the City of Roanoke
(1979), as amended, relating to participation of members
of City Council in the City of Roanoke Pension Plan and
terminating certain benefits heretofore granted; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 172.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31192-091492. The motion was seconded by Mrs. Bowles.
Inasmuch as numerous persons had requested time to
address Council, the Mayor asked that remarks be limited
to five minutes each.
Mr. Roger A. Byrd, 1929 Sheffield Road, S. W.,
representing the Citizens and Employees Action Committee,
advised that he is an employee of the City and a citizen
of the City of Roanoke, and requested that his time be
yielded to Mr. William D. Jobe.
The Mayor advised that he would not permit the
yielding of the floor; however, if Mr. Jobe would like to
be the first speaker, he would be willing to hear him.
Mr. William D. Jobe, 3011 Hickory Woods Drive,
N. E., representing the Citizens and Employees Action
Committee, advised that there is a misunderstanding on
the part of some Council Members about the purpose of the
organization, and it has been stated that there is an
adversarial relationship between City employees and the
City Administration which was not the intent inasmuch as
City employees simply want to be heard and allowed to
have input into the process and to seek reasonable and
responsible answers to issues that are of concern. He
pointed out that Council will act on two important issues
this evening with regard to the "two-for-one" pension
benefit for Council Members and Council Appointees, and
inquired as to how Council can vote on an issue that has
specific unanswered legal questions.
In connection with the irrevocable choice of
deferzed compensation versus the pension plan, Mr. Jobe
questioned whether an irrevocable pledge can legally be
rescinded. In connection with the prior government
service issue, he stated that Council voted to authorize
credits to all City employees for prior government
service, then repealed the benefit and employees do not
understand how Council can legally repeal the prior
33
government service benefit but not the "two-for-one"
pension benefit for Council Members and Council
Appointees retroactively. In regard to the issue of the
"two-for-one" pension benefit for City Council Members,
he called attention to Section 14.1-47.1 and 14.1-47.2,
Code of Virginia (1950), as amended, in which it
specifically outlines salary benefits available to City
Council Members, and provides that "in addition to
salaries, each member of the Council of any City may be
compensated with such benefits as are provided City
employees by the City". He advised that if Council
abides by the above State Code provision, the "two-for-
one" benefit is not correct and a legal opinion is in
order. He inquired if it is necessary for the City to
continue to pay deferred compensation for its top
officials inasmuch as the ordinance which was enacted in
1989 stated that the provision was intended as an
alternative to retirement and a way to attract competent
employees. He stated that deferred compensation alone,
for an employee who collects the benefit for 15
consecutive years, leaves the employment of the City, and
takes the lump sum investment, would equal an average
raise, per employee, of 17.59 per cent, per year, which
includes the time that wages were frozen for all other
City employees. He further inquired as to why the
deferred compensation benefit was extended to
Constitutional Officers, effective July 1, 1992.
Mr. Jobe stated that there is no reason for the City
to stall any longer on the pay plan issue because a
report is in the hands of the City Administration that
provides an adequate method of applying the pay plan with
certain adjustments; that it is a good pay plan with
appropriate implementation; and City employees request
that the pay plan be implemented within 45 days so that
employees will be adequately compensated by January 1,
1993.
Mr. Jerry A. Edmondson, 4322 Bluebird Lane, Salem,
Virginia, advised that it was his intent to yield his
time to Mr. Jobe.
Mr. Ronald L. Jones, 3720 Antietam Drive, S. W.,
advised that it was his intent to yield his time to Mr.
Jobe.
Mr. Jerry E. Dean, 3647 Rutrough Road, S. E.,
advised that he was present without the knowledge or
permission of his department head or any immediate
supervisor, and he was speaking in his capacity as a 28
year veteran employee of the City of Roanoke. He stated
that in his 28 years, he has not observed a lot of change
insofar as the way that City employees are treated. He
advised that he has seen his department head virtually
crucified by a scandal sheet that passes itself off as a
newspaper and not one word of support was heard from any
member of the governing body, but he accepted that as a
part of the Job. He stated that as he approaches the
"twilight" of his career, he cannot consider retiring
because last year, employees did not receive a pay
increase, that this year he received only three per cent,
and he accepted that too as a part of the Job. He
pointed out that over the last 28 years, he has served
under the supervision of a number of City Managers,
Mayors, Council Members, etc., but for 28 years he has
worked for the citizens of the City of Roanoke. He
explained that the salary and fringe benefit structure
was known by all of the Mayors, Council Members and City
Managers when they took their Job, that they served their
time, one year at a time, Just as he has served for the
past 28 years, but when he came to the "twilight" of his
career, he discovered that some employees are fortunate
enough to receive two years of credit for each year
worked. He commented that after the vote this evening,
citizens and City employees will know which Council
Members are for the people of the City of Roanoke and
which Members of Council are interested in their own
personal gain.
Mr. W. H. Highfield, 4213 Belle Aire Circle, S. W.,
advised that Council decided not to move the Council
meeting to larger facilities in order to accommodate a
large gathering of citizens and employees which sent a
message that the citizens were not wanted and that
Council did not wish to hear anymore about their concerns
for the City of Roanoke. He expressed appreciation to
Council for its interest in repealing the "two-for-one"
pension benefit, however, he reminded Council that even
if the benefit is repealed this evening, the citizens of
the City of Roanoke will be paying for many years to come
for Council's ill-advised actions which authorized the
benefit in the first place. He called attention to other
actions taken by Council which have squandered hard
earned taxpayer dollars, advising that in September 1979,
certain officers of the City were offered an irrevocable
election to either participate in the Employee's
Retirement System or in a deferred compensation plan in
which the City would contribute nine per cent of the
employee's base salary. He stated that on June 28, 1989,
Council amended the ordinance authorizing the deferred
compensation plan to provide both a pension plan and a
deferred compensation plan for those same City officers
which is more double-dipping into City taxpayer dollars.
In addition to participating in the City's Blue
Cross/Blue Shield hospitalization plan, he noted that
those same officials have been provided with a disability
insurance policy which is paid for with tax dollars
collected from citizens who cannot afford hospitalization
insurance of any kind for their children or for
themselves. He stated that the pay plan for municipal
employees is about as unfair as any action that Council
has taken to date, advising that a three per cent or less
pay increase if an employee has seven years of service,
a ten to 28 per cent raise if an employee has less than
seven years service, and a ten per cent increase for
Council Appointees is absurd. He asked how any
intelligent person would expect senior employees with
many years of loyal service to the citizens of the City
of Roanoke to not become upset when newer employees
receive raises of three to nine times what they received.
He advised that the citizens of Roanoke ask only one
thing of Council Members and Council Appointed Officials
which is that they be responsible, honest and fair in
dealing with citizens and with City employees.
Mr. Robert C. Crawford, 2431 Stanley Auenue, S. E.,
advised that voters are concerned, distrustful of Council
and feel that they have been misled. He congratulated
Council on repealing the "two-for-one" pension benefit,
but expressed disappointment in that Council's action
will be an incomplete act unless the benefit is rescinded
in its entirety and made retroactive. He referred to
references in recent newspaper articles that it might be
illegal to retroactively take away the "two-for-one"
pension benefit, and inquired of the City Attorney as to
which point of pension law specifically makes it illegal
to retroactively take away the "two-for-one" pension
benefit as it now stands.
Mr. Shirley E. Clemons, Jr., 1206 15th Street,
S. E., advised that it was his understanding that the
"two-for-one" pension benefit would not take effect
unless Roanoke City and Roanoke County consolidated. He
called upon Council and the City Manager to rescind the
"two-for-one" pension benefit, advising that he received
a letter from the City Manager on October 23, 1990,
stating that he could revoke his raise or rescind his
raise in its entirety. He stated that the City Manager's
raise equals $9,000.00 to $10,000.00, while his three per
cent raise equals $637.52 per year, or $24.52 bi-weekly,
while his Blue Cross/Blue Shield hospitalization
insurance increased $18.32 bi-weekly, which will provide
him with a $6.20 pay raise. He added that also to be
taken into consideration is the fact that he did not
receive a pay raise last year and he feels that he is
being punished for being a family man. He stated that
the citizens want the "two-for-one" pension benefit
rescinded in its entirety.
The Reverend Charles T. Green, 1731 Hanover Avenue,
N. W., advised that he was disappointed that $18 million
was spent to construct a Civic Center where the meeting
could have been held this evening; however, he understood
the purpose of not changing the meeting place which was
an act by Council to let the citizens know who is in
control. He pointed out that the citizens of the City of
Roanoke pay the salaries of Council Members, the citizens
voted Council Members into office and they can vote them
out of office. He explained that he has read extensively
about the pay structure for Senators, Congressmen and
Council Members, etc., and he has not been able to find
a single instance in which an official received "two-for-
one" pension benefits, especially not part-time
employees. He expressed the opinion that Council Members
should not only repeal the "two-for-one" pension benefit,
but return the years of service that have already
accumulated under the plan. He stated that he is
retired, he is a citizen of Roanoke, and he worked for
the City of Roanoke, but he did not receive a "two-for-
one" pension benefit; that no one deserves to have such
a benefit; and if Council grants itself such special
privileges, the same benefit should be afforded to all
City employees. He stated that in order to be honest and
to regain the trust of the citizens of Roanoke, Council
should rescind the "two-for-one" pension benefit,
retroactively.
Ms. Kitty J. Boitnott, 3133 Gum Spring Road, S. E.,
advised that she is an interested citizen, a concerned
taxpayer and a homeowner in the City of Roanoke. She
stated that while some effort has been made to right an
obvious wrong, Council has not yet gone far enough in
order to satisfy its constituents. She added that it is
incumbent upon Council to seek outside legal counsel on
whether or not the "two-for-one" pension benefit can be
rescinded retroactively. She stated that if the benefit
can legally be rescinded, she would exDect Council to
restore everyone who has not yet retired to a standard of
one year at a time retirement and remove Council Members
from the retirement system; and failure to seek outside
legal counsel and to communicate with the citizens of
Roanoke to the effect that Council considers their
opinions is in contempt and says that Council holds
itself above the rules of proper conduct and ethics. She
37
commented that she was disappointed and appalled by what
she witnessed at the recent Council meeting when Council
Members sat in their chairs "stonefaced", and did not
address the obvious deep and sincere concerns of the
citizens. She took issue with the Mayor's interpretation
that a consensus has to be reached before a motion may be
made or a discussion may be held, and pointed out that
a consensus always follows a discussion rather than
precedes it. She stated that to hide behind the excuse
that there was no consensus and therefore discussion was
pointless, was cowardly, and to discuss the matter during
the recess was improper, if not illegal. She urged that
Council seek outside legal advice on the pension plan,
advising that she hoped that Council would want to do
that which is ethically and morally right by
investigating the matter without any further coercion.
She stated that the City will not be able to move forward
with other important issues until Council has restored
the public faith and insured that every effort has been
made to set the matter right.
Mr. Richard E. Lee, 21Benbrook Circle, N. E., spoke
as a taxpayer of the City of Roanoke, and advised that he
was against the "two-for-one" pension benefit, and
requested that Council rescind the benefit in its
entirety. He pointed out that four Council Appointed
Officers were being considered for reappointment this
evening who currently have the "two-for-one" pension
benefit, and spoke against their reappointment.
Mr. A. Byron Smith, 4710 Cheraw Lake Road, N. W.,
addressed the matter of the ward/modified ward system
which was voted down by the Members of Council even
though promises were made by certain Council persons
which were not honored. He explained that the matter of
a ward/modified ward system surfaced during the
consolidation talks with Roanoke County; and Council
dropped the idea of a ward system after consolidation was
defeated, while at the same time advises that it cannot
legally repeal the "two-for-one" pension benefit which
was also discussed during consolidation negotiations. He
recommended that the City Charter be amended in a manner
so that the citizens of Roanoke will have the authority
to recall Council Members whose actions do not please the
majority of the citizens.
Mr. John T. Briscoe, 1732 Westover Avenue, S. W.,
advised that he is a 12 year veteran employee of the City
of Roanoke Water Department. He requested that Council
resist the urge to end the "two-for-one" pension benefit
by enacting a "quick fix" approach, but instead adopt a
38
motion seeking an opinion from the Attorney General's
Office concerning the legality of the original ordinance,
as well as the legality of repealing the "two-for-one"
benefit retroactively. He stated that it would be unwise
and unfair to alter the pensions of those who have
already retired under the benefit. He added that refusal
to seek a ruling from the State's Attorney General for an
outside legal opinion would lead citizens and employees
to believe that Council does not want to know the answer;
and if the ruling states that the benefit cannot be
repealed retroactively, the decision would be accepted
and the controversy would be over. He stated that so-
called "deals behind closed doors" amount to an effort to
protect or shield certain lame duck members of City
Council who will not seek reelection and allow them to
leave their positions gracefully. He urged that Council
do the right thing by ending the "two-for-one" pension
benefit retroactively, bring the pay plan issue before
Council in 45 days as recommended by Mayor Bowers, and
not vote on the pension issue until all legal questions
have been resolved.
Mr. Reinhold B. Lucas, 3758 Whispering Lane, Roanoke
County, advised that he has served as a police officer
for 18 years; that in 1976, his raise was frozen and a
few weeks later the City discovered a large surplus; that
in fiscal year 1991-92, his raise was frozen and again a
large surplus was found, and he now understands how the
surplus funds were spent. He called attention to a
deferred compensation plan funded by the City for Council
Appointed Officers for retirement purposes, advising that
when he retires, he will earn between $900.00 and
$1,100.00 per month and his health insurance premiums
will cost approximately one-half of that amount. He
stated that the City should initiate a program whereby
retirees could remain on the City's health insurance plan
after retirement. He inquired if there is any truth in
the rumors that City Council Members will receive free
health insurance after serving two consecutive terms of
office.
Mr. H. L. Kelly, 1221 Brighton Road, S. W., advised
that he is a 30 year employee of the City. He asked that
Council search its conscience and do what is right,
advising that the "two-for-one" pension benefit for
Council Members and Council Appointed Officers is not
fair and questioned the legality of the benefit.
Mr. Robert Gravely, 1506 Aspen Street, N. W.,
advised that the "two-for-one" pension benefit is the
same as stealing because the taxpayers of the City of
Roanoke are not obligated to take care of thieves. He
stated that ordinary employees are doing the work to keep
the City moving forward and to keep the City functional
in order for tourists to visit Roanoke. He added that
City Council's responsibility is to pay its employees,
and to create Jobs for the economy, but the only thing
Council has done thus far is throw away the taxpayers
money in empty buildings while many citizens are
homeless. He stated that a shadow has been cast over the
entire Roanoke Valley, that the citizens are angry, and
the work force is upset and does not want to function.
Dr. Gary Waldo, 3087-I Ordway Drive, N. W., advised
that Council's action during a special meeting on
September 9, 1992, at which time it convened in Executive
Session to discuss pension issues, was unnecessary and
inappropriate. He stated that it was not only
inappropriate to go into Executive Session, but Council
has a responsibility to the citizens of Roanoke to hold
discussions in open meetings so that citizens will know
the position of Council Members. He added that Council
has known for several months that citizens and City
employees have serious concerns with regard to the "two-
for-one" pension benefit; and presently Council will vote
on the question of repealing the benefit henceforth from
this date, but Council does not intend to rescind the
benefit retroactively for those persons who have accrued
benefits since 1989. He stated that it would have been
simple to seek an opinion from the Attorney General of
Virginia on whether the dual pension plan could be
rescinded and under what circumstances; that to avoid
seeking a legal opinion is to cloud and obscure the
issues and to do what is inappropriate to build the kind
of trust that the electorate has a right to have in its
Council. He further stated that employees are of the
opinion that it is "deja vu" when Council instructs the
City Manager to report on certain inequities in a pay
plan that the Administration has known existed for a
number of years. Instead, he explained that City
employees are asking Council to begin, in this budget
year, to find the necessary funds out of the City's
current surplus to address existing pay inequities and to
commit to solving those inequities. He advised that the
people have spoken sincerely and with overwhelmingly good
arguments and Council does not have any Justification for
not following the direction of the people.
Mr. Fitzpatrick advised that considerable time has
already been spent reviewing the "two-for-one" pension
issue, however, the bottom line appears to be that a
pension cannot be rescinded because once a pension is
40
accrued, the pension exists forever. He explained that
Council has been led to believe that there may not be
individuals in the Roanoke area or perhaps in the
Attorney General's Office who have sufficient pension
knowledge to provide a clarification. He stated that as
Chairman of the City Council's Personnel Committee, he
would be willing to request a clarification of the issue,
however, it is important to vote to repeal the "two-for-
one" benefit, and then seek a legal opinion as to whether
the rescission can be made retroactive.
Ordinance No. 31192-091492 was adopted by the
following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers .... 7.
NAYS: None-- 0.
Mr. Fitzpatrick offered the following emergency
ordinance:
(#31193-091492) AN ORDINANCE amending and
reordaining subsection (i) of Section 22.1-44, Normal
Service Retirement, subsection (g) of Section 22.1-45,
Early Service Retirement Allowance, and subsection (f) of
Section 22.1-62, Pensions and Retirement, relating to
participation of certain City officers in the City of
Roanoke Pension Plan and terminating certain benefits
heretofore granted; and providing for an emergency and an
effective date.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 54,
page 174.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31193-091492. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
At 9:35 p.m., the Mayor declared the meeting in
recess.
At 9:50 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
41
AC?ION~
CITY CLERK:
CITY CODE-TAXES-DELINQUENT TAXES: The City Clerk
submitted a written report advising that at the
August 24, 1992 meeting of Council, the City Attorney
presented a report transmitting two ordinances amending
the Code relating to collection of the business license
tax, as well as real estate and personal property taxes;
that the measure amending the Code pertaining to real
estate and personal property taxes was prepared in two
different forms; that the measure amending the business
license tax was omitted; and consequently, two measures
amending the City Code relative to real and personal
property taxes were adopted and no measure was adopted
amending the business license tax.
In order to rectify the situation, the City Clerk
advised that she had requested that the City Attorney
prepare a measure repealing Ordinance No. 31171-082492,
which was adopted in error; and transmitting a measure
for Council's consideration which will amend Sections 19-
2 and 19-20 of Chapter 19, License Tax Code, as
recommended in the City Attorney's report to Council
under date of August 24, 1992, which will enact the
business license tax amendment.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency
ordinance:
(#31194-091492) AN ORDINANCE repealing Ordinance
No. 31171-082492, which amended Section 32-1,
Definitions, of Article I, In General, and added new
Section 32-25, put¥ to collect, of Article II, Real
Estate Taxes Generally, and added new Section 32-111,
Duty to Collect, of Article III, Tax on Tangible Personal
Property Generally, of Chapter 32, Taxation; of the Code
of the City of Boanoke (1979), as amended; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 177.)
Mr. Musser moved the adoption of Ordinance No.
31194-091492. The motion was seconded by Mr. Harvey and
adopted by the following vote:
ACTION:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ---7.
NAYS: None-- 0.
Mr. Musser offered the following emergency
ordinance:
(#31195-091492) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by amending Sec.
19-2, Definitions, and amending subsection (g) of Sec.
19-20, When tax payable; installment payment; penalty for
late payment; report and collection of delinquencies, of
Article I, In Generali' o'~ Chapter 19, License Tax Code;
such amendments to add the definition of "director of
finance," to clarify that a report b9 submitted to the
Director of Finance by the Treasurer of each unpaid City
license tax, and to transfer authority for collection of
such unpaid license tax to the Director of Finance; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 178.)
Mr. Musser moved the adoption of Ordinance No.
31195-091492. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
NAYS: None-- 0.
VIRGINIA MUNICIPAL LEAGUE-COUNCIL: The City Clerk
submitted a written report advising that the majority of
Council Members will attend the Virginia Municipal League
on October 18 - 20, 1992, in Hampton, Virginia; that
after conferring with the Mayor, she had requested that
the City Attorney prepare a measure cancelling the
regular meeting of Council scheduled for Monday,
October 19, 1992, at 2:00 p.m., and that the City
Attorney prepare a measure designating the Mayor and the
Vice-Mayor as Voting Delegate and Alternate Voting
Delegate, respectively, for the Annual Business Meeting
to be held on Tuesday, October 20, and designating the
City Manager as Staff Assistant for any meetings of the
Urban Section of the League.
(For full text, see report on file in the City Clerk's
Office.)
43
ACTION~
ACTION:
Mr. Fitzpatrick offered the following resolution:
(#31196-091492) A RESOLUTION cancelling the meeting
of the Council of the City of Roanoke scheduled for
Monday, October 19, 1992, at 2:00 p.m.
(For full text of Resolution, see Resolution Book No. 54,
page 179.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31196-091492. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ......... 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following resolution:
(#31197-091492) A RESOLUTION designating a Voting
Delegate and Alternate Voting Delegate for the Annual
Business Session of the Virginia Municipal League and
designating a Staff Assistant for any meetings of the
Urban Section of the League.
(For full text of Resolution, see Resolution Book No. 54,
page 180.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31197-091492. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers .....
NAYS: None 0.
REPORTS OF COMMITTEES:
CABLE TELEVISION: Council Member Howard E. Musser,
Chairperson of the Roanoke Valley Regional Cable
Television Committee, submitted a written report on
behalf of the Committee, with regard to the budget for
the Gevernment and Education Access Cable Television
Studio, advising that the Committee approved a $62,000.00
operating budget for fiscal year 1992-93 on August 27,
1992, which is less than one per cent of gross revenues
for calendar year 1991 inasmuch as the Manager of the
studio is not expected to be hired until November l,
1992, and the studio is not expected to be operational
until after July 1, 1993.
It was explained that the full one per cent of gross
revenues budget would have been $168,093.00; that the
City's share of the $62,000.00 budget is $36,314.00,
based upon the City's 58.57 per cent share of total gross
revenues from the City, County and Town to Cox Cable
Roanoke during calendar year 1991; and Council's approval
of the proposed budget and appropriation of funds to
support said budget is required pursuant to the Regional
Cable Television Agreement.
Chairman Musser recommended that Council approve the
$62,000.00 budget which was approved by the Roanoke
Valley Regional Cable Television Committee and allow the
Committee to have line item budgeting authority; and that
$36,314.00 be transferred from Account No. 001-004-9310-
9508 to a new account to be established by the Director
of Finance in the Contribution - Cultural cost center.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31198-091492) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 180.)
Mr. Musser moved the adoption of Ordinance No.
31198-091492. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ..... 7.
NAYS: None- 0.
Mr. Musser offered the following resolution:
45
ACTION:
ACTION:
(#31199-091492) A RESOLUTION approving the annual
operating budget of the Roanoke Regional Cable Television
Committee for fiscal year 1992-93, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 54,
page 181.)
Mr. Musser moved the adoption of Resolution No.
31199-091492. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ..... 7.
NAYS: None 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PARKS ANDRECREATION-CITYPROPERTY-LIBRARIES-ROANOKE
NEIGHBORHOOD PARTNERSHIP-DONATIONS/CONTRIBUTIONS:
Ordinance No. 31174-091492 authorizing the donation of
the former City Recreation Center and Library located at
1916 Memorial Avenue, S. W., designated as Official Tax
No. 1330514, to the Greater Raleigh Court Civic League,
Inc., upon certain terms and conditions, having
previously been before the Council for its first reading
on Monday, August 24, 1992, read and adopted on its first
reading and laid over, was again before the body, Mr.
Harvey offering the following for its second reading and
final adoption:
(#31174-091492) AN ORDINANCE authorizing the
donation of the former City Recreation Center and Library
at 1916 Memorial Avenue, S. W., Official Tax No. 1330514,
to the Greater Raleigh Court Civic League, Inc., upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 151.)
Mr. Harvey moved the adoption of Ordinance No.
31174-091492. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ..... 7.
NAYS: None .... 0.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
PENSIONS-CITY EMPLOYEES-CITY CODE-CITYMANAGER-CITY
ATTORNEY-CITY CLERK-DIRECTOR OF FINANCE-MUNICIPAL
AUDITOR-COUNCIL-REAL ESTATE VALUATION: In response to
comments earlier in the meeting, Mr. Fitzpatrick moved
that Council request an opinion from the Virginia
Attorney General and/or an independent law firm on the
legality of the "two-for-one" pension benefit and other
related pension issues. The motion was seconded by Mr.
McCadden.
Mr. McCadden inquired if Mr. Fitzpatrick was making
the motion in his capacity as Chairman of the Personnel
Committee; whereupon, Mr. Fitzpatrick advised that he
would offer the motion in that capacity.
Mr. Harvey inquired if a legal opinion will be
requested dating back to 1989 when the "two-for-one"
benefit was initially authorized; whereupon, Mr.
Fitzpatrick clarified that the intent of his motion was
to seek a legal opinion in regard to all aspects of the
"two-for-one" pension benefit.
Mr. Harvey spoke in support of receiving an opinion
with regard to the legality of the City providing a
pension benefit to any group of City employees that is
different from any pension benefits afforded to other
City employees.
Upon question, the Director of Finance clarified
that the City of Roanoke Pension Plan is composed of
three elements; viz: the new retirement plan which was
adopted in approximately 1984, the old police and fire
pension system, and the old employees retirement system.
He advised that the new retirement system, among other
things, provides that police and firefighters may retire
at age 50 with 25 years of service. Therefore, he stated
that there are different types of benefits throughout the
entire City of Roanoke Pension Plan.
Mr. Fitzpatrick clarified that his motion pertained
to the "two-for-one" pension benefit and related matters
only.
Mr. H. L. Kelly, 1221 Brighton Road, S. W., advised
that employees are concerned about the "two-for-one"
pension benefit. He stated that pension benefits for
police and firefighters have always been a separate
issue, and added that Mr. Harvey's statement was
inappropriate by referring to pensions that were
established over the last 20 or 30 years. He spoke in
favor of rescinding the "two-for-one" pension benefit so
that the City can move forward with other pressing
issues.
Mr. Robert Hayes, 1735 20th Street, N. E., advised
that he is an employee in the Sanitation Department; that
police and fire personnel may retire at age 50 with 25
years of service; and sanitation workers are of the
opinion that they should receive the same retirement
benefit because of the health hazards associated with
their Job relative to the AIDS virus.
Mr. William D. Jobe, 3011 Hickory Woods Drive,
N. E., advised that the Commonwealth of Virginia adopted
a separate retirement plan for Constitutional Officers,
a separate retirement plan for regular employees, and a
separate retirement plan for State Police Officers which
is very similar to Roanoke's retirement plan. He stated
that a bill will be introduced at the 1993 Session of the
General Assembly of Virginia which will propose that the
minimum age requirement for retirement eligibility for
police officers and firefighters will be deleted and the
only requirement will be 25 years of service.
Mr. Harvey advised that Sanitation workers and
Social Service employees have requested the same
retirement benefits as police officers and firefighters,
and it would be appropriate to seek advice at the same
time from the Virginia Attorney General and/or an
independent law firm with regard to certain legal
questions. He explained that if the City seeks legal
advice on the "two-for-one" pension benefit, all pension
related issues should be studied at the same time.
Mr. Harvey offered an amendment to Mr. Fitzpatrick's
motion to request a legal opinion of all City pension
related matters by the Virginia Attorney General's Office
and/or an independent law firm. The amendment to the
motion was seconded by Mr. White.
48
Mr. Robert Hogan, 1044 Highland Road, Salem,
Virginia, advised that Council is trying to find
discontent or some type of cover-up, and stated that the
issue with regard to the "two-for-one" pension benefit
should not be clouded by other pension related matters.
Mr. John T. Briscoe, 1732 Westover Avenue, S. W.,
advised that the only matter which has been addressed by
citizens and City employees is the "two-for-one" pension
issue and there have been no comments about other City
pension benefits; and if Council opens "a can of worms"
and takes a personal side track by clouding the issue
even further, the controversy will never end. He asked
that Council stick to the issue at hand which is the
"two-for-one" pension benefit so that the matter can be
resolved and the City can move on to other important
projects.
Mr. Craig S. Sellers, 3616 Manassas Drive, S. W.,
reiterated the remarks of Mr. Hogan and Mr. Briscoe.
The amendment offered by Mr. Harvey, seconded by Mr.
White, to the motion of Mr. Fitzpatrick to request legal
advice by the Virginia Attorney General's Office and/or
an independent law firm with regard to all City pension
related matters was adopted, Mr. Fitzpatrick voting no.
The motion of Mr. Fitzpatrick, as above amended, to
refer the matter of the "two-for-one" pension benefit and
related matters involving the "two-for-one" benefit, as
well as all other pensions involving City employees, to
the Virginia Attorney General's Office and/or a
recognized pension law firm for legal advice was
unanimously adopted.
CITY ATTORNEY-DIRECTOR OF FINANCE-MUNICIPALAUDITOR-
CITY CLERK: The Mayor advised that the two year terms of
office of Wilburn C. Dibling, Jr. as City Attorney,
Joel M. Schlanger as Director of Finance, Robert H. Bird
as Municipal Auditor, and Mary F. Parker as City Clerk,
will expire on September 30, 1992, and called for
nominations to fill the vacancies.
Mr. McCadden placed in nomination the names of
Wilburn C. Dibling, Jr. as City Attorney, Joel M.
Schlanger, as Director of Finance, Robert H. Bird as
Municipal Auditor, and Mary F. Parker as City Clerk.
There being no further nominations, Mr. Dibling was
reappointed as City Attorney; Mr. Schlanger was
reappointed as Director of Finance; Mr. Bird was
ACTION=
ACTION:
AC?ION~
reappointed as Municipal Auditor; and Ms. Parker was
reappointed as City Clerk for terms of two years, each,
commencing October 1, 1992, and ending September 30,
1994, by the following vote:
FOR MR. DIBLING, MR. SCHLANGER, MR. BIRD AND MS.
PARKER: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers .... 7.
At 10:25 p.m., the Mayor declared the meeting in
recess.
At 10:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
OTHER HEARINGS OF CITIZENS: None.
PERSONNEL DEPARTMENT: The Mayor advised that there
is a vacancy on the Personnel and Employment Practices
Commission, created by expiration of the term of
Frederick L. Bulbin, and called for nominations to fill
the vacancy.
Mr. Fitzpatrick placed in nomination the name of
Stephen L. Jamieson.
There being no further nominations, Mr. Jamieson was
elected as a me~er of the Personnel and Employment
Practices Commission for a term ending June 30, 1995, by
the following vote:
FOR MR. JAMIESON: Council Members White, Bowles,
Fitzpatrick, Harvey, McCadden, Musser and Mayor
Bowers -7.
50
TAXES: The Mayor advised that there is a vacancy on
the Revenue Study Commission, created by the death of
Percy T. Keeling, and called for nominations to fill the
vacancy.
Mr. Fitzpatrick placed in nomination the name of
Acree Hayes.
There being no further nominations, Mr. Hayes was
elected as a member of the Revenue Study Commission, by
the following vote:
ACTION:
FOR MR. HAYES: Council Members White,
Fitzpatrick, Harvey, McCadden, Musser and Mayor
Bowers
Bowles,
There being no further business, the Mayor declared the
meeting adjourned at 10:58 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
51
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
September 28, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, September 28,
1992, at 2=00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meettnqs, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., James
G. Harvey, II, Delvis O. McCadden, Howard E. Musser, William White,
Sr., Elizabeth T. Bowles and Mayor David A. Bowers .......... 7.
ABSENT= None
0
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wllburn C.
Dlbling, Jr., City Attorney; Joel M. Schlanger, Director of
Finance; and Sandra H. Eakin, Deputy City Clerk.
The meeting was opened with a prayer by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PRESENTATION: Mayor Bowers welcomed Mr. Gwela
Jakandango, a City Engineer from Kisumu, Kenya, which is
one of Roanoke's Sister Cities.
Mr. Kit B. Kiser, Director of Utilities and
Operations, introduced Mr. Jakandango, and advised that
he will be spending time in several City departments to
learn more about the City's operations in the areas of
water production, utility line services, sewage
treatment, and billings and collections.
The Mayor presented gifts to Mr. Jakandango on
behalf of the Members of City Council and citizens of the
City of Roanoke.
Mr. Jakandango expressed appreciation for the gifts
presented and for the opportunity to appear before City
Council and visit the City of Roanoke.
ACTION:
ACTION:
BID OPENINGS
SEWERS AND STORM DRAINS: Pursuant to notice of
advertisement for bids for alterations to Nos. 1, 4 and
9 Aeration Basins at the Water Pollution Control Plant,
said bids to be received by the City Clerk until 1:30
p.m., on Monday, September 28, 1992, and to be held,
opened and read before the Council at 2=00 p.m., on that
date, or as soon thereafter as the matter may be heard,
the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present
raising any question, the Mayor instructed the Deputy
City Clerk to proceed with the opening of the bids;
whereupon, the Deputy City Clerk opened and read the
following bids=
BIDDER BASE BID
Breakell, Inc.
Acorn Construction, Ltd.
Aaron J. Conner General
Contractor, Inc.
S. C. Rossi and Co., Inc.
H. Hamner Gay and Co., Inc.
{141,795.00
144,800.00
145,272.00
179,480.00
234,000.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed Messrs.
Chairperson, William F. Clark,
members of the committee.
William White, Sr.,
and Kit B. Kiser as
SEWERS AND STORM DRAINS: Pursuant to notice of
advertisement for bids for sanitary sewer replacement on
Oakland Boulevard, N. E., between Frontier Road and
Crittendon Avenue, said bids to be received by the City
Clerk until 1:30 p.m., on Monday, September 28, 1992, and
to be held, opened and read before the Council at 2:00
p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions
about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the
Deputy City Clerk to proceed with the opening of the
bids; whereupon, the Deputy City Clerk opened and read
the following bids:
53
ACTION~
ACTION:
BIDDER
BASE BID
S. C. Rossi and Co., Inc.
Aaron J. Conner General
Contractor, Inc.
E. C. Pace Co., Inc.
$29,400.00
32,630.00
32,999.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and Kit B. Kiser as members
of the committee.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
attention to four requests for Executive Sessions to
discuss expansion of an existing industry when no
previous announcement has been made of the industry's
interest in expanding in the community, specifically to
discuss inducements being offered to such business or
industry to expand in this community; disposition of
publicly held property, in connection with the expansion
of an existing business when no previous announcement has
been made of the business' interest in expanding in the
community, specifically the possible conveyance of an
interest in land for economic development purposes;
specific legal matters requiring the provision of legal
advice by counsel being a claim for final payment under
a contract for work performed at the Roanoke Civic
Center; and specific legal matters requiring the
provision of legal advice by counsel, specifically being
the terms and conditions of various agreements and
related legal documents, all in connection with the Hotel
Roanoke Project.
MINUTES: Minutes of the regular meeting of Council
held on Monday, May 4, 1992; the Personnel Committee
meeting held on Wednesday, May 6, 1992; the regular
meetings of Council held on Monday, May 11, and Monday,
May 19, 1992; the Personnel Committee meeting held on
ACTION=
ACTION=
Tuesday, May 26, 1992; and the regular meeting of Council
held on Tuesday, May 26, 1992, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None -0.
COUNCIL: A report of the Vice-Mayor requesting that
Council meet in Executive Session to discuss expansion of
an existing industry when no previous announcement has
been made of the industry's interest in expanding in the
community, specifically to discuss inducements being
offered to such business or industry to expand in this
community, pursuant to Section 2.1-344 (A)(5), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the Vice-Mayor to convene in Executive Session to
discuss expansion of an existing industry when no
previous announcement has been made of the industry's
interest in expanding in the community, specifically to
discuss inducements being offered to such business or
industry to expand in this community, pursuant to Section
2.1-344 (A)(5), Code of Virginia (1950), as amended. The
motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss
disposition of publicly held property, in connection with
the expansion of an existing business when no previous
announcement has been made of the business' interest in
expanding in the community, specifically the possible
conveyance of an interest in land for economic
55
ACTION:
ACTION:
development purposes, pursuant to Section 2.1-344 (A)(3),
and Section 2.1-344(A)(5), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss disposition of publicly held property,
in connection with the expansion of an existing business
when no previous announcement has been made of the
business' interest in expanding in the community,
specifically the possible conveyance of an interest in
land for economic development purposes, pursuant to
Section 2.1-344 (A)(3), and Section 2.1-344(A)(5), Code
of Virginia (1950), as amended. The motion was seconded
by Mr. McCadden and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
NAYS: None 0.
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the provision of legal
advice by counsel being a claim for final payment under
a contract for work performed at the Roanoke Civic
Center, pursuant to Section 2.1-344 (A)(7), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss specific legal matters requiring the provision of
legal advice by counsel being a claim for final payment
under a contract for work performed at the Roanoke Civic
Center pursuant to Section 2.1-344 (A)(7), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
ACTION=
ACTION:
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the provision of legal
advice by counsel, specifically being the terms and
conditions of various agreements and related legal
documents, all in connection with the Hotel Roanoke
Project, pursuant to Section 2.1-344 (A)(7), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss specific legal matters requiring the provision of
legal advice by counsel, specifically being the terms and
conditions of various agreements and related legal
documents, all in connection with the Hotel Roanoke
Project, pursuant to Section 2.1-344 (A)(7), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
ROANOKE ARTS COMMISSION: A report of qualification
of Linda Atkinson to fill the unexpired term of Dr.
Ruth S. Appelhof, and Ann D. Masters as members of the
Roanoke Arts Commission, for terms ending June 30, 1993,
and June 30, 1995, respectively, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
HUMAN DEVELOPMENT (ADVISORY BOARD OF rD]MAN
DEVELOPMENT): A report of qualification of Michael W.
Ridenhour as a member of the Advisory Board of Human
Development, to fill the unexpired term of Lois B. Eary,
57
ACTION=
ACTION:
ACTION:
to fill the unexpired term of Delvis O. McCadden, ending
November 30, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None
e
ROANOKE CIVIC CENTER (ROANOKE CIVIC CENTER
COMMISSION): A report of qualification of Melinda J.
Payne as a member of the Roanoke Civic Center Commission,
to fill the unexpired term of Delvis O. McCadden, ending
September 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None-
HOUSING (ROANOKE REDEVELOPMENT AND HOUSING
AUTHORITY): A report of qualification of Robert W.
Glenn, Jr., as a Commissioner of the Roanoke
Redevelopment and Housing Authority, for a term of four
years, ending August 31, 1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES= Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None
58
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
WATER RESOURCES: Dr. Allan A. Hoffman, President
of the Roanoke River Basin Association, addressed Council
with regard to the control and utilization of waters of
the Roanoke River and its tributaries in Virginia and
North Carolina. Dr. Hoffman advised that recently the
Roanoke River Basin Association's attention has been
directed towards two proposed interbasin transfers of
water outside of the Roanoke basin, one to Virginia
Beach, Virginia, and the other to Greensboro, North
Carolina, and he outlined the reasons why his association
believes these projects are important to the City of
Roanoke and why they are encouraging the City's
participation. He advised that the removal of water from
the watershed is important to every citizen within the
Roanoke watershed, inasmuch as it has several impacts, as
follows, the Roanoke basin has very little excess water;
that there are problems with water in another area, which
is wastewater; the wastewater capacity for the watershed
is essentially exhausted; and we have larger than
acceptable standards many times, particularly in the late
spring and early summer and fall. He explained that
eventually, as the wastewater problems accummulate, the
regulatory agencies will come to every locality and
require them to upgrade their facilities, and that day
will come sooner if 60 million gallons a day (mgd) is
taken from the watershed as envisioned by the proposal of
Virginia Beach, and that the citizens of the Roanoke
Valley will likely have to finance expensive wastewater
facilities or improvements, or forego some form or
agricultural or industrial projects that use water.
Dr. Hoffman further explained that under the project
proposed by the City of Virginia Beach, they would have
use of 60 mgd of the water that comes down the watershed,
even during a shortage and it would be left up to the
other localities to meet their own needs and overcome the
shortage. He said that another danger should the
Virginia Beach project be approved, is that there is a
series of communities in northern North Carolina which
have expressed interest in the Roanoke basin and are
poised to take water from the Roanoke basin, and should
they follow suit after Virginia Beach, the same
impediments would occur. He advised that Virginia Beach
has other alternatives, such as 138 mgd certified
capacity of water from Southern Hampton Roads as of 1984,
which is enough to meet the growth needs for all those
communities through the year 2030.
59
ACTION:
In conclusion, Dr. Hoffman stated that the Roanoke
River Basin Association is growing in support and
solicits the membership of the City of Roanoke in the
organization.
Mr. Musser stated that he has read articles
concerning desalting of water and inquired whether this
is feasible for the City of Virginia Beach; whereupon,
Dr. Hoffman advised that of the alternatives Virginia
Beach has, the least expensive methods are to dig deep
wells and desalt the brackage water, and that the
brackage surface water from nearby creeks can be treated
and dispensed to customers; and the other alternative is
desalting sea water, which is more controversial, but for
every year the pipeline Is delayed, the more financially
attractive the desalting alternatives are to Virginia
Beach.
Mr. Harvey moved that Dr. Hoffman's remarks be
referred to the City Manager for report and
recommendation to Council. The motion was seconded by
Mr. Fitzpatrick and unanimously adopted.
Mr. McCadden lnqutred of the Director of Utilities
and Operations as to when this matter will go back before
the Fifth Planning District Commission; whereupon, Mr.
Kiser advised that it was his impression that the matter
was carried over to the October meeting of the Fifth
Planning District Commission.
Mr. McCadden questioned whether it would be possible
for the administration to report back to Council prior to
the October meeting of the Fifth Planning District
Commission; whereupon, Mr. Ktser advised tn the
affirmative.
Mr. Musser questioned whether it is necessary for
the City to make a decision on this matter inasmuch as
the Fifth Planning District, which encompasses the City
of Roanoke, will also make a decision on the matter.
The City Manager advised that in order for the
City's representatives to the Fifth Planning District
Commission to have the information they need, there are
a number of questions to be asked, a number of impacts
relating to what our current and future positions are in
terms of water withdrawal as well assome other issues,
and that it would be the administration's intent to get
this information back to Council in a discussion paper to
show a general direction and allow Council members to
begin to draw their own conclusions and establish a
60
ACTXON~
policy. He stated that it is his guess that if certain
members of City Council are representing Council on the
Fifth Planning District Commission, they may want a sense
of how Council is going to act.
Mr. Harvey moved that the remarks of Dr. Hoffman be
referred to the City Manager for study, report and
recommendation. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of funds to
the following school accounts, was before Council.
Grant No. 6079
$8,500.00 for the cost to
repair fire damage to William
Fleming High School and the
replacement of furniture and
equipment. Funds will be
provided in the amount of
$7,500.00 from insurance
proceeds and $1,000.00 local
match.
Grant No. 6816
$16,512.00 for the Artist in
Education program to provide
funds for the enhancement of
the district's arts program by
bringing experts into the
schools for student workshops.
The program will be reimbursed
in the amount of $7,012.00 by
federal funds and local match
in the amount of $9,500.00.
Grant No. 6998
$3,928.00 for the audio-visual
equipment program to provide
for the purchase of equipment
to be used in school media
centers. The program has been
funded by the receipt of a
donation from Cox Cable
Company, Roanoke.
Grant No. 6999
$1,000.00 for the Let's Talk
Program to provide enrichment
for economically disadvantaged
students through education
61
T!
field trips. The funding will
be provided through community
donations.
Grant No. 6900
$256,296.00 for the Project YES
program to identify, assess,
evaluate and provide assistance
for at-risk sixth and ninth
grade students who are
potential dropouts. The
program will be reimbursed 100
per cent by state funds.
The Director of Finance submitted a written report
advising that funds will be appropriated for four grants
in the Grant Fund, which are funded with federal and
state funds and contributions; and, in addition, the
Artist in Education grant will receive a local match of
$9,500.00, which funding is available in the General Fund
budget in the following accounts:
Matching Funds (001-060-6001-6201-0588) $4,750.00
Matching Funds (001-060-6001-6301-0588) 4,750.00
It was further advised that the appropriation of
$8,500.00 in the Capital Projects Fund for fire damage
repairs to William Fleming High School and for
replacement of furniture and equipment will be funded
from insurance recoveries and a $1,000.00 local match,
which is available in Account No. 001-060-6002-6681-0801.
The Director of Finance recommended that Council concur
in the request of the School Board with regard to the
abovestated five grants.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31200-092892) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant, General and
Capital Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 195.)
ACTION:
Mr. White moved the adoption of Ordinance No. 31200-
092892. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
NAYS: None --- 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
TRAFFIC: The City Manager submitted a written
report with regard to City of Roanoke Traffic
Engineering, advising that traffic engineering is broadly
defined as promoting the safe and efficient movement of
people and goods; that unlike most engineering
disciplines, traffic engineering deals with problems
which are not only dependent on physical factors but very
often include the human behavior of the driver and the
pedestrian; that traffic engineers have a legal framework
in which to operate as well; that liability exists for
failure to act in accordance with the latest technical
developments and guidelines or to adhere to the various
manuals that spell out regulation; that where there are
no cut-and-dried criteria exist, traffic engineers are
committed to acting according to his or her best
Judgment; and the Manual on Uniform Traffic Control
Devices (MUTCD) establishes many conditions and
guidelines frequently used by traffic engineers.
It was further advised that traffic control devices
are some of the tools used by traffic engineers; that the
two most significant are traffic signals and STOP signs;
that when implemented properly, they have a useful impact
on traffic safety and mobility; that traffic signal
requests received by the City from the public are
evaluated by usingMUTCD's guidelines (called warrants);
that STOP sign requests received by the City from the
public (at least one per week) are also evaluated using
the MUTCD's guidelines; and the traffic engineer can aid
credibility and can also contribute to the overall
credibility of the City's traffic system by ensuring that
the use and application of traffic control devices
(especially, but not only, traffic signs) is in
accordance with current practice as set out in the MUTCD.
63'
Mr. Herbert explained that maintenance payments are
made by the Virginia Department of Transportation (in
accordance with Section 33.1-41.1 of the Code of
Virginia) to the City of Roanoke for maintenance of roads
maintained to the proper standards of VDOT; that
standards of maintenance recognized by VDOT must be met
to preserve the eligibility of the City's streets for
payment; that inspections of Roanoke's arterial streets
are made annually by VDOT, with all other streets
inspected at least once every four years; that improper
use of traffic signals and signs can result in VDOT
identifying such deficiencies; that VDOT grants a six
month period to correct any deficiency; that if not
corrected, maintenance payments may be withheld until
corrections are made; that a minimum of 0.1 lane mile,
and increments of 0.1 mile, can be deleted for payment
for each street segment containing deficiencies; that
another issue of significance is liability; and the City
invites liability problems if unjustified traffic control
devices are installed Just to satisfy unwarranted
requests.
The City Manager pointed out that residential
traffic management is an issue receiving increased
attention in many localities throughout the United
States; that the City is mindful of neighborhood needs
and often seeks to balance these needs with those of the
traveling public; that the City's ongoing highway
construction program, usingVDOTfunding through the Six-
Year Highway Improvement Plan, is an important part of
residential traffic management; that this highway program
improves existing arterials and establishes new arterials
that will be important in keeping the vehicles on the
main routes, and gives motorists less reason to seek
alternate routes through neighborhoods; however, in areas
where no arterial improvements can be built, and where
there are no reasonable alternative routes, residential
traffic management needs to be carefully addressed such
that MUTCD guidelines and VDOT inspection standards are
honored in the interest of sale and efficient traffic
movement.
(For full text, see report on file in the City Clerk's
Office.)
Mr. William F. Clark, Director of Public Works,
advised that the City receives inquiries on a weekly
basis from citizens regarding traffic control devices,
and that the administration was desirous of presenting a
briefing to Council on the City's standards in regard to
traffic control devices, the obligations the City has to
the Virginia Department of Transportation in complying
with their standards and requirements, and the impact
this potentially has on the amount of money the City
receives from the State for maintenance of its streets
and roads.
At this point, Mr. Robert K. Bengtson, City Traffic
Engineer, provided a slide presentation relating to City
of Roanoke traffic engineering.
Mr. Harvey cited two locations in the City at which
the traffic flow needs to be studied. He advised that
the first location is Elm Avenue, S. E. in front of
Community Hospital, and questioned whether anything can
be done with the sequencing of the traffic lights at that
intersection to allow smoother and more orderly flow of
traffic. He stated that the second location in need of
study is the three blocks between Shaffer's Crossing and
Melrose Avenue, N. W., which includes the three traffic
lights at Melrose Avenue, Salem Turnpike and Shenandoah
Avenue, N. W., and questioned whether the traffic lights
could be synchronized on 24th Street, to allow traffic to
flow through all three lights without stopping at each.
Mr. Bengtson advlsed that he would look at these
locations to determine if changes can be made, and stated
that his department is always faced with the problem of
coordinating traffic signals along an arterial in one
direction and thereby hampering traffic flow in the other
direction.
Mr. Musser stated that he concurs in the 24th
Street, N. W., and Elm Avenue, S. E., traffic problems.
He advised that he has received requests for a traffic
signal at the intersection of Gus Nicks Boulevard and
Richard Avenue, N. E., and stated that he knows this
intersection has been studied and it was determined that
the traffic flow was not enough to Justify a traffic
signal; however, he questioned whether a study is
conducted to determine where the traffic is diverting to
in order to avoid certain intersections due to dangers
involved in using it.
In response to Mr. Musser's question, Mr. Bengtson
advised that these numbers are not projected in any way
in terms of anticipating how many people might use the
intersection if the traffic signal were there. He stated
that the studies reflect only the amount of traffic using
the intersection.
ACTION=
Mr. Fitzpatrick expressed the opinion that two areas
the City needs to begin to focus on are Elm Avenue, S. E.
at Community Hospital, and Route 460 East. He stated
that the Route 460 East issue is not Just a signalization
issue, it is a construction issue as well, and it is
becoming increasingly more important as we add more
industry at Roanoke Centre for Industry and Technology;
and that it is incumbent upon the City to address Route
460 to make that traffic move as efficiently and quickly
as possible.
Mr. Fitzpatrick further stated that he would like to
understand the reason that when cars are travelling on
Jefferson Street downtown, the traffic signals turn red
when there is no traffic on opposing side streets. He
referred to the practice of City of Salem police officers
either controlling or disabling the traffic signals and
directing the traffic when employees of General Electric
Company are leaving the plant, and suggested the
possibility of using similar traffic control measures at
the Elm Avenue intersection in front of Community
Hospital. He stated that this seems to be an opportunity
to discuss traffic flows with the City's Police
Department, to address a situation like the Elm Avenue
intersection, and create a common sense solution such as
having police officers at those traffic lights during
rush hour traffic in order to move the traffic through in
a short period of time. He urged the administration and
staff to discuss ways in which City employees and City
assets could be used to diminish this traffic at times of
special need, and stated that this would be positively
responded to by the citizens of the City.
Mr. Musser moved that the report of the City Manager
be received and filed, with a request to the
administration to investigate the following
intersections: 24th Street, N. W., at Melrose Avenue,
Salem Turnpike and Shenandoah Avenue; Elm Avenue, S. E.
at Community Hospital of Roanoke Valley; Gus Nicks
Boulevard at Richard Avenue, N. E.; and Route 460 East.
The motion was seconded by Mr. Harvey and unanimously
adopted.
ITEMS RECOMMENDED FOR ACTION:
PARKS ANDRECREATION-YOUTH CORRECTIONAL FACILITIES:
The City Manager submitted a written report with regard
to the D.A.R.E. Camp Grant, advising that the D.A.R.E.
program for fifth grade students in Roanoke City Schools
is operated by the D.A.R.E. unit of the City of Roanoke
Police Department; that the need for summer activities
ACTION:
for youth who have completed the D.A.R.E. program
resulted in a grant application to the Transportation
Safety Division of the Virginia Department of Motor
Vehicles for a pilot program for 48 D.A.R.E. students;
that a reimbursement grant was awarded to the City of
Roanoke Parks and Recreation Department by the
Commonwealth of Virginia, and planning began on a
recreation/education program encompassing fire safety,
rescue, drug/alcohol training and transportation safety;
that the program was hosted on September 1, 1992 in
Flshburn and Eureka Parks, with assistance provided from
Roanoke City Schools, the Neighborhood Partnership, the
D.A.R.E. Unit and Recreation staff; that direct expenses
incurred for this successful program were paid from the
Parks and Recreation Department budget; and that
reimbursement of these expenses requires Council's
acceptance of the grant.
The City Manager recommended that Council accept the
Department of Motor Vehicles grant of $3,000.00; that
$1,700.00 be appropriated to Temporary Employee Wages,
Account No. 001-050-7110-1004, and $1,300.00 be
appropriated to Program Supplies, Account No. 001-050-
7110-2066; that the Director of Finance establish a
corresponding revenue estimate; and that he or his
designee be authorized to execute necessary documents
accepting the grant.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31201-092892) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 197.)
Mr. Musser moved the adoption of Ordinance No.
31201-092892. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
ACTION=
Mr. Fitzpatrick offered the following resolution:
(#31202-092892) A RESOLUTION authorizing the
acceptance of a grant made to the City of Roanoke by the
Virginia Department of Motor Vehicles for the D.A.R.E.
Camp and authorizing the execution and filing of all
appropriate documents to obtain such a grant.
(For full text of Resolution, see Resolution Book No. 54,
page 198.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31202-092892. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
HOUSING-GRANTS: The City Manager submitted a
written report with regard to execution of a real estate
option at 1519 Campbell Avenue, S. W., advising that the
Homeownership Assistance Program has been developed to
enhance homeownership opportunities within the City; that
the Program provides resources for purchase, purchase and
rehabilitation, downpayment and closing cost assistance,
and education to facilitate homeownership, especially for
those of low and moderate income; that financial
assistance is provided by the Virginia Housing
Development Authority (VHDA), the Virginia Department of
Housing and Community Development (VHCD), and U. S.
Department of Housing and Urban Development through
Community Development Block Grant and HOME funds; that
financial assistance includes both low interest loans and
grants; that certain targeted, vacant, substandard
properties are marketed by the City for purchase and
rehabilitation by homebuyers using resources available
through the Program; that the Program is administered
Jointly by the City and the Roanoke Redevelopment and
Housing Authority, as outlined in the City's current
contract for services with the Roanoke Redevelopment and
Housing Authority; and that Council previously authorized
execution of options with individual owners of numerous
properties to be included in the Homeownership Assistance
Program.
It was further advised that a real estate option has
been executed by the owner of a vacant single-family home
located at 1519 Campbell Avenue, S. W., at an option
price of $11,950.00; and that the Housing Development
68
ACTION=
Office staff has determined that the offered price is
reasonable to allow the house to be included in the
Homeownership Assistance Program.
The City Manager recommended that he be authorized
to execute a real estate option for property located at
1519 Campbell Avenue, S. W., to allow the property to be
marketed through the Program.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31203-092892) AN ORDINANCE authorizing a certain
real estate option to be entered into in connection with
the Homeownership Assistance Program; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 199.)
Mrs. Bowles moved the adoption of Ordinance No.
31203-092892. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick,
McCadden, Musser, White, Bowles and Mayor Bowers
Harvey,
NAYS: None
®
BUDGET-STATE HIGHWAYS-BILLINGS AND COLLECTIONS-
CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted
a written report with regard to the transfer of funds to
meet anticipated expenditures for highway projects,
advising that the Virginia Department of Transportation
(VDOT) continuously develops various phases of the
Council approved highway projects; that the phases
include such items as preliminary engineering, right of
way acquisition and project construction; that billings
to the City from VDOT are done on a monthly basis; that
the billings represent the City's share of the
expenditures to date; that the City share is generally
five per cent for plan development phases authorized
prior to July 1, 1989, and two per cent for phases
authorized after that date; and that Capital Fund
accounts are established for each project in the amount
of the estimated billings that are anticipated for the
year, which provides for payments of interim bills;
however, there may be instances when additional requests
to Council for transfers are needed to cover interim
bills.
It was further advised that the Capital Improvement
Program recommended for fiscal years 1992-1995 includes
$454,550.00 to provide for the City's share of
anticipated highway project costs over a three year
period; and that of this amount, $150,000.00 is
designated to come from the 1992A Bond Series; that the
transfer of $45,000.00 from the Streets and Bridges
category of the 1992A Bond Series to individual project
accounts is needed to cover anticipated billings; that
individual projects are funded from their respective
highway accounts and utility accounts depending upon the
extent of water and sewer relocation needed on each
project; and that three of the seven highway construction
projects for which funds are currently allocated in the
Virginia Department of Transportation's Six-Year
Improvement Program required continued funding in order
to meet the costs anticipated on these projects for
fiscal year 1992-93.
The City Manager recommended that Council authorize
the Director of Finance to transfer $45,000.00 from the
Streets and Bridges category of the 1992A Bond Series to
the individual project accounts as follows:
~rolect
Peters Creek Road Extension
(Account No. 008-052-9595-9003)
Brandon Avenue Widening
(Account No. 008-052-9604-9003)
Total
Transfer Needed
$29,000.00
16~000.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following emergency budget
ordinance:
70
ACTION:
(#31204-092892) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 200.)
Mr. McCadden moved the adoption of Ordinance No.
31204-092892. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers -7.
NAYS: None-- 0.
BUDGET-EMERGENCY SERVICES-FLOOD REDUCTION/CONTROL:
The City Manager submitted a written report with regard
to the flood of April 21, 1992, advising that on
April 21, 1992, approximately 3.80 inches of rain fell in
a 24 hour period, causing the Roanoke River to exceed
flood stage, cresting at 18.1 feet; that on April 27,
1992, Council declared a local emergency, pursuant to
Resolution No. 30975-042792; that on May 5, 1992,
Governor Wilder declared a state of emergency, thereby
activating appropriate state agencies to assist in
disaster-related activities; that on May 19, 1992,
President Bush issued a major disaster declaration at the
request of the Governor, thereby activating federal
damage assistance programs; that on May 21, 1992, a
Notice of Intent to apply for Federal Disaster Assistance
for public property was filed by the City; that Damage
Survey Reports were completed for public property and
claims were submitted to the Federal Emergency Management
Agency (FEMA) for approval; and that pursuant to
Resolution No. 31106-071392, Diane S. Akers, Office of
Management and Budget, was designated as applicant's
agent to apply for federal financial assistance regarding
the flood of April 1992.
It was further advised that on July 14, 1992, the
Commonwealth of Virginia, Department of Emergency
Services, notified the applicant's agent that the project
application for the City was approved for the disaster
funding of claimed eligible costs incurred as a result of
the severe storms and flooding, occurring April 21 - 22,
1992; that the subgrant approval provides assistance
totalling $119,626.00, which is 100 per cent of eligible
costs, including $3,326.00 for Subgrantee administrative
costs; that the amount was based on the Damage Survey
Reports which were approved by the Federal Emergency
71
ACTION=
Management Agency; that a total of 18 projects were
included in the subgrant; that the individual DroJects
totalled less than $40,000.00 each; that for small
projects, total funding is a Federal share of 75 per cent
and State share of 25 per cent of the approved estimate
of eligible costs; that payment for the individual
projects, totalling $116,300.00, was received by the City
on August 18, 1992; that payment for administrative costs
will be paid after final audit of records by the
Department of Emergency Services in December, 1992; and
that funding must be appropriated in order to fund flood
clean-up and repair work.
The City Manager recommended that Council
appropriate funding, in the amount of $119,626.00, in the
Flood Account No. 001-004-9140-2177; and that the
Director of Finance be authorized to increase the revenue
estimate for Flood of 1992 Proceeds, Account No. 001-020-
1234-0707.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31205-092892) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 200.)
Mr. Harvey moved the adoption of Ordinance No.
31205-092892. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
BUDGET-FLOOD REDUCTION/CONTROL: The City Manager
submitted a written report with regard to appropriation
of the budgeted amount to Roanoke River Flood Reduction
Project, advising that the Local Cooperation Agreement
was executed on June 25, 1990; that a commitment to fund
the five per cent local cash match, 100 per cent for
ACTION=
lands, easements and rights-of-way, 50 per cent for the
recreational trail, 100 per cent of the relocation cost,
and a varying degree, generally five per cent, of the
channel improvement construction costs was made by the
City pursuant to execution of the Local Cooperation
Agreement; and that $883,131.00 was programmed into the
approved City budget for fiscal year 1993 for support of
this project.
It was further advised that the funds programmed, in
the amount of $883,131.00, need to be transferred to the
appropriate Capital Fund project account; and that front
funding of the environmental assessment work,
approximately $1.2 million, as well as the five per cent
match for completing the flood proofing of the Sewage
Treatment Plant, and other project design work will be
the most likely project elements needing local funds
during fiscal year 1993.
The City Manager recommended that Council authorize
the transfer of $883,131.00, from the General Fund,
Account No. 001-004-9310-9508; and that the funds be
appropriated to the Capital Project Fund, Roanoke River
Flood Reduction, Account No. 008-056-9617-9003.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31206-092892) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 201.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31206-092892. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
ACTIONI
ACTION:
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance
submitted the Financial Report for the City of Roanoke
for the month of August, 1992.
(For full text, see Financial Report on file in the City
Clerk's Office.)
Mr. Harvey moved that the financial report be
received and filed. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BONDS/BOND ISSUES-SCHOOLS: Ordinance No. 31176-
092892 authorizing issuance of not to exceed $2.25
million General Obligation School Bonds, Series 1992, of
the City of Roanoke, Virginia, to be sold to the Virginia
Public School Authority, and providing for the form and
details thereof, having previously been before the
Council for its first reading on Monday, September 14,
1992, read and adopted on its first reading and laid
over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#31176-092892) AN ORDINANCE authorizing the
issuance of not to exceed $2,250,000.00 General
Obligation School Bonds, Series 1992, of the City of
Roanoke, Virginia, to be sold to the Virginia Public
School Authority, and providing for the form and details
thereof.
(For full text of Ordinance, see Ordinance Book No. 54,
page 182.)
Mrs. Bowles moved the adoption of Ordinance No.
31176-092892. The motion was seconded byMr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None- 0.
ZONING-ARCHITECTURAL REVIEW BOARD: Ordinance No.
31177-092892 amending S36.1-345, District regulations;
certificate of appropriateness; S36.1-552, Uses permitted
by special exception by the addition of new subsection
(g); S36.1-553, General standards, by the addition of new
subsection (b); S36.1-641, Powers generally by the
addition of new subsection (e); and subsections (a) and
(d) of S36.1-710, Fees generally; of Chapter 36.1,
Zoning, of the Code of the City of Roanoke (1979), as
amended, and adding new ~36.1-59, Outdoor storage; ~36.1-
78, Outdoor storage, S36.1-95, Outdoor storage, ~36.1-
113, Outdoor storage, ~36.1-133, Outdoor storage, ~36.1-
152, Outdoor storage, to Chapter 36.1, Zoning, of the
Code of the City of Roanoke (1979), as amended, such
amendments and additions to clarify and make consistent
with the State Code certain sections, to permit special
uses for historic structures, to improve communication
between the board and affected areas, to eliminate the
necessity of amending the zoning ordinance each time a
fee is changed, and to prohibit outside storage in
residential areas to ensure more effective enforcement,
having previously been before the Council for its first
reading on Monday, September 14, 1992, read and adopted
on its first reading and laid over, was again before the
body, Mrs. Bowles offering the following for its second
reading and final adoption:
(#31177-092892) AN ORDINANCE amending ~36.1-345,
District regulations; certificate of appropriateness;
$36.1-552, Uses permitted by special exception by the
addition of new subsection (g); ~36.1-553, General
standards, by the addition of new subsection (b); $36.1-
641, Powers generally by the addition of new subsection
(e); and subsections (a) and (d) of S36.1-710, Fees
generally; of Chapter 36.1, Zoning, of the Code of the
City of Roanoke (1979), as amended, and adding new $36.1-
59, Outdoor storage; ~36.1-78, Outdoor storage, ~36.1-95,
Outdoor storage, ~36.1-113, Outdoor storage, §36.1-133,
Outdoor storage, ~36.1-152, Outdoor storage, to Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979),
as amended, such amendments and additions to clarify and
make consistent with the State Code certain sections, to
permit special uses for historic structures, to improve
communication between the board and affected areas, to
eliminate the necessity of amending the zoning ordinance
each time a fee is changed, and to prohibit outside
storage in residential areas to ensure more effective
enforcement.
(For full text of Ordinance, see Ordinance Book No. 54,
page 191.)
ACTION=
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
31177-092892. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick,
McCadden, Musser, White, Bowles and Mayor Bowers .....
NAYS: None
Harvey,
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO~ENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
CONSULTANTS REPORT-PENSION: Mr. Fitzpatrick moved
that Council approve the form of a pension opinion
request and retain the law firm of Williams, Mullen,
Christian and Dobbins to issue the required opinion,
pursuant to action taken at a regular meeting of Council
held on Monday, September 14, 1992. The motion was
seconded by Mr. Musser and unanimously adopted.
ACTION:
ACTION:
CITY NURSING HOME: Mr. White moved that the City
Manager be requested to report to Council providing
details with regard to other localities the size of
Roanoke or larger, located in the state of Virginia, that
provide nursing home facilities for citizens. The motion
was seconded by Mr. Musser and unanimously adopted.
OTHER HEARINGS OF CITIZENS: None.
At 3:27 p.m., the Mayor declared the meeting in
recess.
At 4:56 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS~ None 0.
ARCHITECTURAL REVIEW BOARD: The Mayor advised that
the four-year term of Mr. Timothy L. Jamieson as a member
of the Architectural Review Board will expire on
September 30, 1992, and called for nominations to fill
the vacancy.
Mr. Musser placed in nomination the
Timothy L. Jamieson.
name of
There being no further nominations, Mr. Jamieson was
reelected as a member of the Architectural Review Board,
for a term of four years, ending September 30, 1996, by
the following vote:
ACTION:
FOR MR. JAMIESON: Council Members Fitzpatrick,
Harvey, McCadden, Musser, White, Bowles and
Mayor Bowers ............. 7.
There being no further business, the Mayor declared the
meeting adjourned at 4:58 p.m.
APPROVED
ATTEST:
Deputy City
Mayor
77
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
October 5, 1992
2.'00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, October 5,
1992, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, ~eqular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Elizabeth T. Bowles, James G.
Harvey, II, Delvis O. McCadden, Howard E. Musser and Mayor David A.
Bowers 5.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr., and Council
Member William White, Sr. 2.
OFFICERS PRESENT: Kit B. Kiser, Acting City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director
of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James P.
Beatty, Pastor, Bethel A.M.E. Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
attention to three requests for Executive Sessions to
discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; specific
legal matters requiring the provision of legal advice by
counsel, being a claim for final payment under a contract
for work performed at the Roanoke Civic Center; and a
matter of disposition of publicly held property. He
advised that a request of the City Manager to discuss
specific legal matters requiring advice of legal counsel
in connection with the terms and conditions of a new gas
franchise was withdrawn.
78
ACTION:
ACTION:
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
Musser and Mayor Bowers ...... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member White were
absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the provision of legal
advice by counsel, being a claim for final payment under
a contract for work performed at the Roanoke Civic
Center, pursuant to Section 2.1-344 (A)(7), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss specific legal matters requiring the provision of
legal advice by counsel, being a claim for final payment
under a contract for work performed at the Roanoke Civic
Center, pursuant to Section 2.1-344 (A)(?), Code of
Virginia, (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
79
ACTION:
ACTION:
AYES: Council Members Bowles, Harvey, McCadden,
Musser and Mayor Bowers 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member White were
absent.)
PENDING LIST: A list of items pending from July 10,
1978, through September 28, 1992, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mrs. Bowles moved that the pending list be received
and filed. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
Musser and Mayor Bowers ........ 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member White were
absent.)
PERSONNEL DEPARTMENT: A report of qualification of
Elizabeth M. Legg as a member of the Personnel and
Employment Practices Commission, for a term ending
June 30, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
Musser and Mayor Bowers ............ 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member White were
absent.)
80
ACTION=
ACTION=
OATHS OF OFFICE-CITY ATTORNEY-DIRECTOR OF FINANCE-
CITY CLERK: Reports of qualification of Wilburn C.
Dlbling, Jr., as City Attorney, Joel M. Schlanger as
Director of Finance, and Mary F. Parker as City Clerk,
for terms of two years each, ending September 30, 1994,
were before Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the reports of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
Musser and Mayor Bowers ........ 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member White were
absent.)
COUNCIL: A communication from Vice-Mayor Beverly T.
Fitzpatrick, Jr. requesting that Council meet in
Executive Session to discuss a matter with regard to
disposition of publicly held property, in connection with
expansion of an existing business when no previous
announcement has been made of the business' interest in
expanding in the community, specifically the possible
conveyance of an interest in land for economic
development purposes, pursuant to Section 2.1-344 ('A)(5),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the Vice-Mayor to convene in Executive Session to
discuss a matter with regard to disposition of publicly
held property, in connection with the expansion of an
existing business when no previous announcement has been
made of the business' interest in expanding in the
community, specifically the possible conveyance of an
interest in land for economic development purposes,
pursuant to Section 2.1-344 (A)(5), Code of Virginia,
(1950), as amended. The motion was seconded byMr. Musser
and adopted by the following vote:
81
AYES: Council Members Bowles, Harvey, McCadden,
Musser and Mayor Bowers ...... 5.
NAYS: None
®
(Vice-Mayor Fitzpatrick and Council Member White were
absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
POLICE DEPARTMENT-SCHOOLS: The Acting City Manager
called upon Lt. Jerry E. Dean, representing the Police
Department Bureau of Youth, for a presentation on the
D.A.R.E. Program.
Lt. Dean advised that in the late 1970's, the
General Assembly mandated that a legal education
curriculum be established for all public schools; and in
1978, Chief M. David Hooper and School Superintendent
Frank P. Tota requested that members of their respective
staffs formulate a School Resource Officer Program, and
establish a Job description for said Program. He stated
that it was determined that the purpose of the Program
would be two-fold, the primary purpose being to establish
more positive contact between police officers and youth
in the community; and secondly, the School Resource
Officer would be used as a resource by school faculty and
youth to fulfill the mandate of the General Assembly.
Lt. Dean stated that objectives were to form a
positive reinforcement role of the police officer in the
community as they relate to youth; and the job
description included such things as college training, a
mature and resourceful person who would be comfortable
meeting and conversing with adults and youth alike, a
person who had demonstrated prior interest through police
experience in working with juveniles, and a person who
had served in the field as a police officer. He
explained that responsibilities of School Resource
Officers are; viz: conduct themselves by the Teacher
Code of Ethics and the Police Code of Ethics; follow
82
rules, regulations and requirements of the Roanoke City
School Board and the Roanoke City Police Department; work
hours would be established by the School Administrator
and Police Supervisor; work in conjunction with teachers
at the schools; teach classes as requested by the faculty
and approved by the principal; exercise no more but no
less authority than any other faculty member in general
school supervision, except in emergency situations
involving life or property, at which time the officer
would be expected to exercise his or her police role;
participate in after school activities; and wear police
uniform at least fifty per cent of the time.
Following establishment of the job description, Lt.
Dean pointed out that Chief Hooper and Dr. Tota
determined that the program should be instituted on a
trial basis and in the second semester of the 1978-79
school year, Officer Theodore J. Skulkcum was selected as
the first School Resource Officer and James Madison
Junior High School was selected as the trial site. He
added that at the end of the year, an evaluation was
performed of the program and it was determined that it
was a worthwhile program based on results received from
faculty, administration and students. He advised that
over the next three years, five additional officers were
selected and placed in the middle schools, and by the
fall of 1983, all six middle schools in the City of
Roanoke had a permanently assigned School Resource
Officer.
Lt. Dean explained that in 1983, the Los Angeles,
California Police Department and the School District
initiated a program known as D.A.R.E. (Drug Abuse
Resistance Education); that the program became so popular
that it spread across the country relatively fast; and in
1985, the Virginia State Police introduced the Virginia
D.A.R.E. Program, and Roanoke sent all six of its middle
School Resource Officers to receive core training which
consisted of a 16 week lesson course in Drug Abuse
Resistance Education. He added that in the fall of 1989-
90, after receiving the training, the six middle school
officers began teaching the D.A.R.E. Program in the
elementary schools on a part-time basis; and the D.A.R.E.
Program became popular in the City of Roanoke with
positive results being reported from the School
Administration, parents and students.
Lt. Dean stated that in 1990, Roanoke City selected
four additional officers from uniform patrol to receive
core training in D.A.R.E.; and in the fall of 1990,
Roanoke City instituted a D.A.R.E. Program in the
83
elementary schools; and each of the four elementary
D.A.R.E. police officers were assigned five schools each,
spending one day a week in each school, and rotating
between schools. He added that in the fall of 1991, two
additional officers were taken from the middle schools to
receive the high school training; and the City has now
progressed from elementary school to middle school to
high school training.
Lt. Dean explained that the D.A.R.E. class is more
than just another way to say no to drugs campaign; that
it is a program which teaches young people self-
awareness, self-esteem, and respect for themselves and
the property of others, how to deal with stress, as well
as peer group pressure and personal safety, etc. He
stated that additional officers are in the process of
being selected to replace the two middle school officers
who were elevated to the high school level and
eventually, two additional officers will be placed at the
high school level which will provide for two officers on
each high school campus.
Lt. Dean stated that this past summer, a D.A.R.E.
Day Camp was conducted which was provided through a grant
from the Department of Transportation and called on
Officer Barbara T. Mays to present an overview of the
D.A.R.E. Day Camp.
Officer Mays advised that on September 1 and 2,
1992, the Roanoke City Police Department, in conjunction
with the City's Department of Parks and Recreation and
aided by several other agencies, held a D.A.R.E. Day Camp
which was offered to upcoming sixth graders who had
successfully completed the 16 week fifth grade D.A.R.E.
curriculum in the Roanoke City schools. She stated that
the main objectives were to teach team work, build self-
esteem, create a sense of self-worth, and teach the value
of good decisionmaking. She added that there were
approximately four teams composed of ten campers each,
and each team was guided by one D.A.R.E. officer, one
recreation leader and an assistant; and the camp was held
from 8:00 a.m. until 5:00 p.m., on September 1 at
Fishburn Park and from 8:00 a.m. until 8:00 p.m., on
September 2 at Eureka Park. She explained that the teams
received training in first aid, fire safety, seat belt
safety and drug prevention; and every activity was
designed to encourage team work, creative thinking,
organizational skills, and good decisionmaking. She
noted that on September 2, campers and their families
were invited to attend the closing graduation ceremony,
along with a family cook-out.
ACTION:
ACTION:
Officer Mays advised that as a D.A.R.E. officer, she
has great hopes that in the future th~City will be able
to offer the D.A.R.E. Camp to more fifth graders as a
stepping stone to middle school programs.
Lt. Dean introduced D.A.R.E. Police Officers.
Mr. Musser moved that the briefing be received and
filed. The motion was seconded by Mr. Harvey and
adopted.
ITEMS RECOMMENDED FOR ACTION:
ROANOKE CIVIC CENTER-EQUIPMENT: The Acting City
Manager submitted a written report on behalf of the City
Manager recommending that Council accept the bid
submitted by Delta Graphics, Inc., in the amount of
$16,475.00, for providing 500 folding chairs for use at
the Civic Center; and that the other bid received by the
City be rejected.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31207-100592) A RESOLUTION accepting the bid made
to the City by Delta Graphics, Inc., for furnishing and
delivering 500 folding chairs for the Civic Center; and
rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 54,
page 202.)
Mr. Musser moved the adoption of Resolution No.
31207-100592. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
Musser and Mayor Bowers 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member White were
absent.)
85
ACTION:
REPORTS OF COMMITTEES:
CITY PROPERTY-WATER RESOURCES: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources
Committee, presented a written report on behalf of the
Committee with regard to a water line extension for
Habitat for Humanity.
A staff report advised that Habitat for Humanity of
Roanoke proposes to develop a five acre tract of land
located in northwest Roanoke at the east end of Kellogg
Avenue, N. W., into 18 building lots; that the City has
been requested to install a four inch water line in
Kellogg Avenue, to serve the five acre tract; that a two
inch water line installed in 1940 currently provides
domestic water to residential property on Kellogg Avenue,
from Tenth Street to the end of Kellogg Avenue, an
approximate distance of 850 feet; and a six inch water
line is required pursuant to City policy to install a
fire hydrant and to provide fire protection for
residential property on Kellogg Avenue, and the proposed
development.
The Water Resources Committee recommended that the
two inch water line in Kellogg Avenue, N. W., be replaced
by the City at such time as the developer of the proposed
five acre tract obtains a main extension agreement to
provide water service within the development.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the
recommendation of the Water Resources Committee. The
motion was seconded by Mr. Harvey and adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 2:35 p.m., the Mayor declared the meeting in
recess.
ACTION:
At 3:10 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Members Fitzpatrick and White.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
Musser and Mayor Bowers ...... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member White were
absent.)
BUDGET-ROANOKE CIVIC CENTER: The Acting City
Manager submitted a written report on behalf of the City
Manager with regard to ratification of additional
contract provisions for demolition and removal of an
acoustical enclosure in the Civic Center Auditorium,
advising that Council received two bids from stage
equipment contractors for the project on May 11, 1992;
that neither firm was registered in Virginia as a Class
Contractor; and at its regular meeting on Tuesday,
May 26, 1992, Council rejected both bids, recognized the
need to procure the work on an emergency basis, and
authorized the City Manager to negotiate and execute a
contract with a qualified general contractor who, in
turn, would employ a qualified state equipment sub-
contractor with experience in working with similar
acoustical enclosures who would demolish the Civic Center
Auditorium acoustical enclosure.
It was explained that alternatives at that time were
to either remove the acoustical enclosure to free up the
stage space on which it was resting or to lose the Miss
Virginia Pageant which was scheduled to commence on
July 1, 1992; and Council, on Monday, June 8, 1992,
pursuant to provisions of Section 41 of the City Charter,
ratified a contract, in the amount of $95,800.00, with
Payne Construction Company, Inc., a general contractor.
88
ACTION~
There being no further business,
meeting adjourned at 3:15 p.m.
(#31209-100592) AN ORDINANCE ratifying a portion of
a contract for demolition and removal of the orchestra
shell at the Roanoke Civic Center, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 204.)
Mrs. Bowles moved the adoption of Ordinance No.
31209-100592. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
Musser and Mayor Bowers 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member White were
absent.)
the Mayor declared the
City Clerk
APPROVED
Mayor
88
(#31209-100592) AN ORDINANCE ratifying a portion of
a contract for demolition and removal of the orchestra
shell at the Roanoke Civic Center, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 204.)
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
31209-100592. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
Musser and Mayor Bowers 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member White were
absent.)
There being no further business, the Mayor declared the
meeting adjourned at 3:15 p.m.
APPROVED
ATTEST: ~~(~__
City Clerk
Mayor
89
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
October 12, 1992
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, October 12,
1992, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedurg, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Delvis O.
Musser, William White, Sr., Elizabeth T.
Fitzpatrick, Jr., and Mayor David A. Bowers
McCadden, Howard E.
Bowles, Beverly T.
6.
ABSENT: Council Member James G. Harvey, II--
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Deputy Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
CITY GOVERNMENT-SISTER CITIES: The Mayor welcomed
a delegation of officials from Pskov, Russia, Roanoke's
newest Sister City, consisting of Mr. Alexander
Prokofiev, Mayor, Mr. Valery Gerasimov, Chairman of the
City Council, Mr. Alexander Krotov, Deputy of the City
Council, Mr. Ivan Kalinin, Deputy Head of the City
Administration, Mr. Leonid Teyosyan, General Director of
STK, and Mr. Alexander Bizyaev, Chief of the Foreign
Department and Interpreter for the delegation.
Mayor Bowers presented Mayor Prokofiev with a Key to
the City and each member of the delegation received an
Honorary Citizenship Certificate and a Crystal Star which
is symbolic of the Star on Mill Mountain.
Mayor Prokofiev presented the City of Roanoke with
a Pskov Flag and literature pertaining to the City of
Pskov.
90
ACTION=
PUBLIC HEARINGS
ANNEXATION/CONSOLIDATION: Pursuant to Resolution
No. 25523 adopted by the Council on Monday, April 6,
1981, the City Clerk having advertised a public hearing
for Monday, October 12, 1992, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
the Town of Vinton contained in Resolution 816 on behalf
of William P. Vinyard, Jr., for a certain adjustment of
the boundary between Roanoke City and the Town of Vinton,
pursuant to provisions of Section 15.1-1031.1-Section
15.1-1031.3, Code of Virginia (1950), as amended, the
matter was before Council.
Legal advertisement of the public hearing was
published in the Roanoke Times & World News on Friday,
September 25, 1992, and Friday, October 2, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the Planning Commission recommending
adjustment of the boundary line between the Town of
Vinton and the City of Roanoke in the vicinity of Vinyard
Park, and along Daleton Avenue and Dale Avenue, between
13th Street and Midway Street, was before Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that the following emergency
ordinance be placed on upon its first reading:
"AN ORDINANCE authorizing the Mayor to execute a
certain agreement between the Town of Vinton, the County
of Roanoke, and the City of Roanoke relating to an
adjustment of the boundary line between the Town of
Vinton and the City of Roanoke in the vicinity of Vinyard
Park, and along Daleton Avenue, and Dale Avenue, between
13th Street and Midway Street; authorizing the City
Attorney to initiate appropriate legal proceedings; and
authorizing the City Clerk to cause a description of such
boundary to be published as provided by law, all of which
shall be subject to certain conditions; and providing for
an emergency."
The motion was seconded by Mrs. Bowles.
Mr. Edward R. Tucker, representing the City Planning
Commission, explained the basis for and recommendation of
the City Planning Commission. He advised that the
91
essence of Resolution 816 adopted by the Vinton Town
Council lies in the fact that Mr. W. D. Vinyard owns a
tract of land that straddles and is bisected by the
City's existing corporate boundary that separates the
City of Roanoke and the Town of Vinton. He explained
that Mr. Vinyard desires to combine and re-subdivide land
in conjunction with other lots that he owns in the Town
of Vinton for the purpose of creating four bulldable lots
suitable for residential construction; however, the
City's Subdivision Ordinance prohibits the creation of a
lot that is divided by City or County boundary line. He
pointed out that the City could not, in this instance,
approve Mr. Vinyard's proposed subdivision, and
therefore, he could not develop the parcel of land, and
therein lies the reason for Resolution 816.
Mr. Tucker advised that in reviewing the request
made by Resolution 816, City staff was mindful and aware
of several other problem areas along this common
boundary; viz: the Roanoke County Board of Supervisors
owns Tax Parcels 701 and 201, identified as Vinyard Park,
and the County has been in the process of developing the
tract of land for a public park to be maintained by the
County; that there is an access road that serves the park
for which certain state monies are available to the
County for construction and completion of the road,
however, there are certain questions relating to
liability, responsibility and maintenance that have
existed between the City and the County, and for some
months, attempts have been made to negotiate an agreement
that has not been achieved to date. He called attention
to another area identified as Bibb Street and Midway
where a number of structures and lots are divided by the
corporate boundary.
Mr. Tucker stated that the City Planning Commission
reviewed the request contained in Resolution 816 on
September 2, 1992, and it was the intention of the
Planning Commission to include these areas within the
requested change; that City staff met with
representatives of Roanoke County and the Town of Vinton
subsequent to the hearing to discuss the inclusion of
these areas into a single agreement between the City, the
County and the Town, and it was assumed that each party
understood the issues of the proposal; however, it now
appears that issues were not clearly understood which is
believed to be nothing more than a communication problem.
Therefore, Mr. Tucker advised that the City Planning
Commission is requesting that Council continue the matter
for a period of 30 days to provide City staff with
sufficient time to meet with the respective staffs of
Roanoke County and the Town of Vinton to resolve certain
questions.
Mr. Robert W. Benninger, Assistant Town Manager of
Vinton, advised that on February 18, 1992, the Town
Council adopted Resolution 816 which addressed Mr.
Vlnyard's request for the four lots to become a part of
the Town of Vinton so that he could proceed with
development of the subdivision, however, other issues
came about in the interest of trying to clarify past
actions. He explained that the Vinton Town Council
requests City Council to consider Mr. Vlnyard's request
relative to his four lots and that the staffs of the
County, City and Town meet at a later date to resolve
remaining issues in regard to Vinyard Park and the
boundary line adjustment in the Midway section.
Mr. Billy K. Wise, 427 8th Street, also known as
Midway, advised that his property is split directly down
the boundary line. He stated that he has no objection to
his property being included as a part of the City of
Roanoke; however, it would be inconvenient for him to be
considered as a part of the City with a Town of Vinton
address. He explained that currently he pays taxes to
the City of Roanoke, the County of Roanoke and the Town
of Vlnton, but he receives no services from the City of
Roanoke, and requested that the problem be resolved in
the near future.
The Mayor inquired if there were other persons
present who would like to address Council. There being
none, Mr. Musser offered a substitute motion that the
ordinance be tabled for a period of 30 days pending
further report by the City Planning Commission as
outlined by Mr. Tucker. The motion was seconded by Mrs.
Bowles and adopted.
ANNEXATION/CONSOLIDATION: Pursuant to Resolution No.
25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for
Monday, October 12, 1992, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request
of the Town of Vinton as set forth in Resolution 820 on
behalf of W. E. Cundiff Co., Inc., for an adjustment of
the corporate boundary between the City of Roanoke and
the Town of Vinton, pursuant to provisions of Section
15.1-1031.1 through Section 15.1-1031.3, Code of Virginia
(1950), as amended, the matter was before the body.
93
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
September 25, 1992, and Friday, October 2, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that Resolution 820 adopted by the Town of Vinton
requested that the City agree to a certain adjustment of
its existing corporate boundary line on behalf of W. E.
Cundiff Co., Inc., a firm specializing in real estate,
building and development that, at the time, owned the
property in question within the City of Roanoke, which
tract of land has since been conveyed to A. R. Overbay
and Anne Huffman, was before Council.
The Planning Commission recommended that Council
deny the request as contained in Resolution 820 based on
the following conclusions:.
The existing location of the City's
corporate boundary, in relation to
the location of the subject
property, would not prevent the City
of Roanoke from providing a normal
level of safe and timely public
services to any future residents
that may reside within the property.
Be
The existing location of the City's
corporate boundary in this instance
does not in any way hinder, restrict
or inconvenience the current owner
of the property in any exercise of
its ultimate development.
The request as currently made for
this boundary adjustment appears to
be made on the basis of a preference
of the property owner that any
future development of the property
be located in the Town of Vinton.
Adjustment of the City's corporate
boundaries should be determined only
on the basis of public safety and
practical land use issues.
De
Adjustment of the City's corporate
boundaries for the reasons as
requested could be deemed a
ACTION:
precedent for future requests to
bemade for the City to cede or
relinquish any one or more of a
number of similar tracts of land so
located on the perimeter of the
City's corporate boundaries.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading: moved that the following
Ordinance be placed upon its first reading:
"AN ORDINANCE authorizing the Mayor to execute a
certain agreement between the Town of Vinton, County of
Roanoke, and the City of Roanoke relating to an
adjustment of the boundary line between the Town of
Vinton and the City of Roanoke adjacent to an
approximately 24 acre parcel of land (Official Tax No.
7030101) adjoining the Bali Hai Subdivision, in the
vicinity of Olney Road; authorizing the City Attorney to
initiate appropriate legal proceedings; authorizing the
City Clerk to cause a description of such boundary to be
published as provided by law; and providing for an
emergency."
The motion was seconded by Mr. Fitzpatrick.
Mr. Fitzpatrick advised that inasmuch as the
property is located on top of a hill above the flood
plain on Tinker Creek, before casting his vote,
topographically, he would need to know whether or not a
road meeting subdivision standards could be constructed
from the bottom of the Tinker Creek area in order to
provide access to the property. Also, he inquired as to
how far fire equipment would have to go from the llth
Street fire station or the Southeast fire station to
respond to a call in the area.
Mr. Tucker advised that the Fire Department has
given the assurance that it could not only provide
adequate service, but in some cases, because of improved
equipment, better service could be provided. He stated
that it is feasible that an access road could be
constructed from Berkley Road which would require certain
property acquisitions.
95
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter;
whereupon, Mr. Edward A. Natt, Attorney, representing Mr.
A. R. Overlay and Ms. Anne Huffman, advised that this is
not a situation where his clients are asking the City to
give away something for nothing. He stated that a
portion of the property in question lies in the City and
a portion lies in the Town of Vinton; and his clients
would like to build a home on the tract of land in
question and divide and sell two or three other parcels.
He noted that Mr. Tucker had previously stated that a
road could be constructed to provide access to the
property; however, Mr. Natt referred to page 1 of the
staff report in which it was noted that further access to
this tract of land, due to topographical constraints,
would be available only by accessing public streets in
the Town of Vinton. He stated that Council is dealing
with an issue of precedent; however, it should be noted
that City Council is the only body that can make such
decisions and such decisions should be made on a case by
case basis. He explained that if Council votes in favor
of the request, it does not mean that the next request
has to be approved unless the merits determine approval.
I{e pointed out that the staff report to the City Planning
Commission also states that adjustment of the City's
corporate boundaries should be determined only on the
basis of public safety and practical land use issues,
whereupon, he noted that City police and fire vehicles
must go through the Town of Vinton to reach the property
in question, school buses must go through the Town of
Vinton to reach the property, and if a water or sewer
line is constructed and/or needs repair, City crews must
go through the Town of Vlnton to reach the property. He
stressed the point that the property belongs in the Town
of Vinton inasmuch as one must travel through the Town in
order to reach the property, and the topography of the
land does not flow to the City of Roanoke, but to the
Town of Vinton. He submitted that it is a reasonable
request if all of the facts are taken into consideration,
and requested that Council adopt the ordinance which
will, in effect, grant the request of his client.
Following discussion of the request, the ordinance
was defeated by the following vote:
AYES: Vice-Mayor Fitzpatrick-
NAYS: Council Members McCadden, Musser, White,
Bowles and Mayor Bowers ......... 5.
(Council Member Harvey was absent.)
ACTION=
ACTION=
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
attention to two requests for Executive Sessions to
discuss specific legal matters requiring the advice of
legal counsel, being the terms and conditions of a new
gas franchise; and a request to discuss a matter of
actual litigation, being a claim by the City for certain
delinquent accounts.
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the advice of legal
counsel, being the terms and conditions of a new gas
franchise, pursuant to Section 2.1-344 (A)(7), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss specific legal matters requiring the advice of
legal counsel, being the terms and conditions of a new
gas franchise, pursuant to Section 2.1-344 (A)(7), Code
of Virgin%a, (1950), as amended. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
MUNICIPAL AUDITOR: A report of qualification of
Robert H. Bird as Municipal Auditor, for a term of two
years, ending September 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
ACTION:
ACTION:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None---
(Council Member Harvey was absent.)
PERSONNEL DEPARTMENT: A report of qualification of
Stephen L. Jamison as a member of the Personnel and
Employment Practices Commission, for a term ending
June 30, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members McCadden, Musser,
Bowles, Fitzpatrick and Mayor Bowers
NAYS: None
White,
6.
(Council Member Harvey was absent.)
COUNCIL: A report of the City Attorney requesting
that Council meet in Executive Session to discuss a
matter of actual litigation, being a claim by the City
for certain delinquent accounts, pursuant to Section 2.1-
344 (A)(7), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Attorney to convene in Executive Session to
discuss a matter of actual litigation, being a claim by
the City for certain delinquent accounts, pursuant to
Section 2.1-344 (A)(7), Code of Virginia, (1950), as
amended. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members McCadden, Musser,
Bowles, Fitzpatrick and Mayor Bowers
NAYS: None
White,
6.
(Council Member Harvey was absent.)
98
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUILDINGS/BUILDING DEPARTMENT-ECONOMIC DEVELOPMENT -
ROANOKE NEIGHBORHOOD PARTNERSHIP-DOWNTOWN ROANOKE,
INCORPORATED: Mr. John D. Fulton, Jr., 2202 Richelieu
Avenue, S. W., President of the Roanoke Valley
Preservation Foundation, addressed the matter of the loss
of structurally sound buildings for the purpose of
constructing surface parking lots, advising that the City
is losing buildings for asphalt on which to park cars,
and with the loss of the buildings, the City is losing
substantial economic investment, Job opportunities,
housing and City population. He stated that the problem
must be addressed at the governmental level if the fabric
of the community is to be maintained and prosper. He
explained that in the past year, five sound buildings
were demolished for parking and, in addition, four
buildings in the adjoining neighborhood, Old Southwest,
were demolished in the last two years. He noted that
unfortunately, all of these properties have become
surface parking lots or are vacant and no new buildings
have been constructed, not to mention the loss of other
buildings that were demolished because of disinvestment,
fire damage or other problems.
Mr. Fulton advised that the City must find a
compromise which will encourage retaining sound
buildings, as well as encouraging new structures. He
stated that the City is fortunate to have had two major
buildings constructed in downtown recently; that likewise
in Old Southwest, notable new buildings have been
constructed and while this new construction is
applaudable in these struggling economic times, the
addition of new buildings is not proportionate to the
loss of existing structures. He pointed out that the
City must begin to measure demolition in economic terms;
and with the established City goals of economic
development, reinvestment and revitalization, Jobs,
affordable housing, and population growth, it is
essential that the relationship between the loss of sound
buildings and a healthy community be recognized. He
explained that existing buildings provide an opportunity
for business, housing and tourism and produce economic
return to the community in the form of Jobs, population
and tax revenue.
99
Mr. Fulton stated that persons visit Roanoke and
move their businesses and homes to Roanoke because of its
environment, buildings and neighborhoods and not because
of surplus parking lots and masses of vacant urban land.
He requested that Council take a special look at the vast
amounts of asphalt that currently exist in the Central
Business District, advising that a short walk from the
Municipal Building to Elm Avenue and back along First
Street or Jefferson Street will demonstrate the impact on
the City. He stated that if the City does not begin to
regulate demolition for surface parking and find
alternatives to meet Justifiable parking needs, there
will not be a Central Business District or a downtown
neighborhood in the future. He explained that other
cities incorporate provisions in their zoning ordinance
which discourage or prohibit surface asphalt parking
lots.
Mr. Fulton asked that Council request a study of the
issue and work with concerned citizens from the downtown
business community to develop a strategy to resolve the
situation.
Mr. D. Kent Chrisman, 632 Walnut Avenue, S. W.,
President of Old Southwest, Inc., advised that Old
Southwest is the neighborhood association in the
southwest area of the City which is directly adjacent to
the downtown area and has an H-2 Overlay District. He
stated that Old Southwest residents are proud of the fact
that each year their property tax assessments rise due
largely to efforts of existing homeowners to improve
their properties; and over the last ten years, property
values have increased at a rate faster than that of the
City as a whole which has brought additional revenue to
the City. He noted that the neighborhood contains ten
churches and approximately 300 businesses within the H-2
Overlay Zone; that further complicating the problem is
housing, particularly apartments that are frequently
grandfathered into current zoning which means that they
do not have to meet current parking requirements. He
called attention to the stated intent of the
Comprehensive Plan which is to preserve housing and
reminded Council Members of their individually stated
campaign promises, all of which indicated support of
Roanoke's neighborhoods. He urged that Council consider
supporting zoning that would provide for a permanent ban
on demolition of historic structures inside the H-2
Overlay Zone, or prohibit the demolition for surface
level parking.
100
Mr. Chrisman advised that in a City which is
landlocked by County boundaries, in a Valley which is
landlocked by mountains where additional annexation is
prohibited, and in a City that has a declining
population, the best interest of the City can only be
served if its land is used, each square foot, to its
highest and best use. He stated that alternative means
of parking such as single deck garages should be explored
and with Council's leadership, it is possible that all
citizens can learn to share the City's limited land
resources.
Mr. John A. Sabean, 523 Mountain Avenue, S. W., a
member of the Board of the Roanoke Regional Housing
Network, advised that the mission of the Housing Network
is to bring together diverse, yet complementary,
interests to promote discussion and bring about actions
on housing issues affecting the Roanoke Valley. He
stated that two related housing issues are of concern to
the Regional Network; viz: (1) what appears to be the
relative ease by which property owners can demolish
buildings, particularly if the parcels of land happen to
be outside of the boundaries of historic districts; and
(2) what seems to be an accelerated process of turning
the former housing stock into parking lots. He explained
that property owners have only limited rights relative to
the disposition of their property; and if the City has a
proprietary interest in the preservation and maintenance
of its housing, it should follow that the City would not
continue to simply issue permits for demolition upon
demand. At the very least, he stated that it would seem
useful for the City to develop a mechanism that would
automatically take effect when there are applications for
demolition which would require a sufficient waiting
period so that the City and other housing interests would
have an opportunity to explore alternatives.
Mr. Sabean explained that one of the stated goals of
the Housing Network is to facilitate, coordinate,
encourage and solicit cooperation and communication among
various community housing interests so that the efficient
and optimal use of resources can be achieved. He stated
that there has been discussion among Network members with
regard to the demolition issue, such that the Network is
willing to be of assistance to the City, whether it be to
facilitate, coordinate, encourage, cooperate or
communicate in some other manner. He explained that the
City's current ordinance has no alternative but to issue
permits when requested and if such is true, the ordinance
should be amended so that the City's true intentions can
be realized. He noted that it is distressing to witness
101
the growing acreage of asphalt in a City whose expressed
intention, as stated in its own Comprehensive Housing
Affordability Strategy, is the creation of an environment
which is conducive to affordable housing.
Mr. Robert H. Fetzer, representing Building
Specialists, General Contractor, advised that his
business which is located at 120 Day Avenue, S. W.v has
become isolated from the City due to surface parking
lots. He discussed the alarming number of building
demolitions that have taken place tn the City in recent
years, with an apparent lack of effort on the part of the
City to landscape or provide buffers to beautify the
parking lots. He inquired as to why provisions of the
City Code are not being followed, advising that currently
the City Code states that associated planning shall
represent five per cent of the total area of the parking
lots going in. He explained that currently, the City is
spending millions of dollars on the Franklin Road
widening project, as well as plantings in the median
strip, etc., while at the same time, in the last month,
a building at the corner of Second Street and Franklin
Road was demolished only to be replaced with asphalt from
sidewalk to sidewalk, and with automobiles encroaching
over the City sidewalk. In the area of Marshall Avenue,
he referred to another surface parking lot on a street
that was closed by the City. He advised that cities are
made of buildings created by people and scaled to size;
that Roanoke City is losing its urban fabric and Roanoke
has made the automobile "king".
Mr. Fetzer requested that Council instruct City
staff to follow the City's policies and guidelines and to
develop new policy designed to protect Roanoke's
heritage, while at the same time providing a futuristic
approach. He explained that positive action on the part
of Council is required, and Council must move quickly in
order to prevent what is fast becoming a "sea of
asphalt".
Mr. H. Joel Kelly, 740 13th Street, S. W., Apt. 15,
presented a personal perspective on what the "wrecking
ball" has done to the City of Roanoke.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke
on behalf of the Historic Gainsboro Preservation
District, advising that a City without a history is a
City without a future. She requested an agreement
between Council, City employees and citizens to retain,
repair and restore those homes and structures which make
Roanoke such a beautiful City. She stated that the
102
ACTION:
ACTION:
Gainsboro area has no parking problem and from what she
has heard, Gainsboro may no longer exist because of
encroaching roads. She commented that a city is built
for people, but roads and parking lots can make Roanoke
a ghost city. She advised that historic Gainsboro is a
compact community, that it has been ignored to a great
extent, and residents wonder why. She pointed out that
statistics have shown that a large number of the so
called, "mom and pop" businesses are no longer in
existence because expressways have been constructed which
encourage people to continue on their Journey rather than
to stop and visit the small establishments. She asked if
the City wishes to make it so easy for people to keep
driving through Roanoke that they do not take the time to
visit Roanoke.
Mr. Musser moved that the remarks be referred to the
City Planning Commission for study, report and
recommendation to Council. The motion was seconded by
Mr. Fitzpatrick and adopted.
Mr. White moved that the City Manager be requested
to report to Council during fiscal year 1993-94 budget
study with regard to the City's taxing authority relative
to surface parking lots. The motion was seconded by Mr.
Musser and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-CITY JAIL-GRANTS-SCHOOLS: The Sheriff
submitted a written report advising that in 1987,
Governor Gerald Baliles initiated a Literacy Program for
inmates incarcerated in the Virginia Department of
Corrections; that the program was intended to reduce
recidivism among inmates by encouraging them to obtain a
G.E.D. level of education and thereby increase their
abilities to obtain Jobs once released from custody; that
since fiscal year 1988-89, Federal grant funds have been
made available to local jails to provide educational
programs for inmates at the local level; and the City
Jail has received these grant funds for the past four
fiscal years to employ a part-time teacher necessary to
provide an educational program to inmates in the City
Jail, and the program has proven to be successful.
It was further advised that the Roanoke City School
Division requested and received approval for continued
funding of the Roanoke City Jail's Education Program for
fiscal year 1992-93; that the "institutionalized adult
plan" request was again submitted as part of the Annual
Program Application for adult education under the State
103
ACTION:
Adult Literacy and Adult Education Act; that funds are
administered by the Adult Education Service of the State
Department of Education through local school divisions;
that Federal funds, not to exceed the amount of
$15,000.00, have been approved to reimburse Roanoke City
for 90 per cent of the total cost to continue to pay a
part-time teacher to operate the educational program in
the City Jail for 52 weeks; that the City is required to
provide a local ten per cent cash match, or $1,666.66, in
order for the Jail to continue to participate in the
program; that total cost of the program will be
$16,666.66; and the Program cost will not exceed
$15,000.00 from the State Department of Education, plus
a $1,666.66 local cash match.
The Sheriff recommended that the Director of Finance
be authorized to establish a revenue estimate in the
Grant Fund, in the amount of $15,000.00, in Federal funds
and $1,666.66 in local cash match to be paid by the
Roanoke City Jail's Canteen Fund; and to establish
required expenditure accounts in the Grant Fund -
Personal Services, Temporary Employee Wages and FICA, in
the amount of $16,666.66.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31211-101292) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 206.)
Mr. White moved the adoption of Ordinance No. 31211-
101292. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers ................... 6.
NAYS: None. 0.
(Council Member Harvey was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
· 104
ACTION:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report advising that the
Homeownership Assistance Program was developed to enhance
homeownership opportunities within the City; that the
Program provides sources for purchase, purchase and
rehabilitation, downpayment and closing cost assistance,
and education to facilitate homeownership, especially for
those of low and moderate income; that financial
assistance is provided by the Virginia Housing
Development Authority (VI{DA), the Virginia Department of
Housing and Community Development (DHCD), and the U. S.
Department of Housing and Urban Development through
Community Development Block Grant and HOME funds; that
financial assistance includes both low interest loans and
grants; that certain targeted, vacant, substandard
properties are marketed by the City for purchase and
rehabilitation by homebuyers using resources available
through the Program; and the Program is administered
Jointly by the City and the Roanoke Redevelopment and
Housing Authority, as outlined in the City's current
contract for services with the Housing Authority.
The City Manager recommended that he be authorized
to execute a real estate option for property located at
642 Elm Avenue, S. W., currently owned by Mary S. Martin
at an option price of $15,500.00 ($23,300.00 City
Assessment) to allow the property to be marketed through
the Homeownership Assistance Program.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
(#31210-101292) AN ORDINANCE authorizing a certain
real estate option to be entered into in connection with
the Homeownership Assistance Program; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 205.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31210-101292. The motion was seconded by Mr. McCadden
and adopted by the following vote:
105
ACTION:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
BUDGET-CITY INFORMATION SYSTEMS-EQUIPMENT: The City
Manager submitted a written report advising that the
Department of City Information Systems (CIS) provides
information system services to all municipal departments,
many of which are located remotely from the Municipal
Complex; that access to computer information is provided
to these remote locations by a Communication Controller
which, with associated software, allows display terminals
and personal computers to receive information over
telephone lines; and the current Communications
Controller is over nine years old, has become outdated,
and needs to be replaced.
The City Manager recommended that Council accept the
bid submitted by IBM Corporation for replacement of the
Communications Controller, for a total bid amount of
$47,844.00; that $47,844.00 be appropriated from Internal
Services Retained Earnings, to City Information Systems,
Other Equipment, Account No. 006-050-1601-9015; and
reject all other bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(~31212-101292) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Internal Service Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 207.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31212-101292. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None '0.
(Council Member Harvey was absent.)
106
Mr. McCadden offered the following resolution:
(#31213-101292) A RESOLUTION accepting the bid of
International Business Machines Corporation made to the
City for furnishing and delivering a Communications
Controller; and rejecting all other bids made to the
City.
(For full text of Resolution, see Resolution Book No. 54,
page 208.)
Mr. McCadden moved the adoption of Resolution No.
31213-101292. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None- 0.
(Council Member Harvey was absent.)
WATER RESOURCES: The City Manager submitted a
written report advising that Dr. Allan Hoffman has made
appearances before the Fifth Planning District Commission
and City Council in connection with the Lake Gaston Water
Project tn the City of Virginia Beach; that requests were
made to Join the Roanoke River Basin Association with an
assessment fee of ten cents/capita and/or adopted a
measure in opposition to the efforts of Virginia Beach to
withdraw 60 million gallons per day of water from Lake
Gaston; and Council referred the matter to the City
Manager for recommendation prior to making a decision and
prior to the October 22, 1992 meeting of the Fifth
Planning District Commission.
The City Manager explained that the City of Virginia
Beach has a water supply problem that cannot be solved
within its boundaries, or by agreements with adjoining
jurisdictions; and withdrawal of 60 MGD from Lake Gaston
will not place an identifiable burden on Roanoke City.
Therefore, the City Manager recommended that Council take
no action on Dr. Hoffman's request and, if a vote is
taken at the Fifth Planning District Commission meeting,
that the City's representatives vote against a resolution
tn opposition to the Virginia Beach Lake Gaston Project.
(For full text, see report on file in the City Clerk's
Office.)
107
ACTION:
Mrs. Bowles moved that Council concur in the report
and recommendation of the City Manager. The motion was
seconded by Mr. Fitzpatrick and adopted, Council Member
Musser voting no.
REPORTS OF COMMITTEES:
WATER RESOURCES-SEWERS AND STORM DRAINS: Council
Member William White, Sr., Chairperson of a committee
appointed by the Mayor to tabulate bids received for
alterations to Nos. 1, 4 and 9 Aeration Basins at the
Water Pollution Control Plant, presented a written report
on behalf of the committee, recommending that Council
take the following action:
Award a lump sum contract to Breakell, Inc.,
in the amount of $141,795.00 and 200
consecutive calendar days.
Funding is available in Sewage Maintenance
Account No. 003-056-3155-2048, as follows:
Contract Amount
Project Contingency
$141,795.00
._ 7,205.00
Total Project Amount $149,000.00
Reject all other bids received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency ordinance:
(#31214-101292) AN ORDINANCE accepting the bid of
Breakell, Inc., for alterations to Nos. 1, 4 and 9
Aeration Basins at the Water Pollution Control Plant,
upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials
to execute the requisite contract for such work;
rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 209.)
108
ACTION:
ACTION=
Mr. White moved the adoption of Ordinance No. 31214-
101292. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey 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 MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS:
BUDGET-POLICE DEPARTMENT-PAY PLAN-CITY EMPLOYEES-
SCHOOLS: Ms. Brenda F. Bland, 1223 Tompkins Avenue,
S. E., advised that Roanoke City crossing guards have not
received a pay increase since 1987. She stated that
before the 1987 increase, crossing guards received
holiday pay, but when their raise took effect in 1987,
holiday and spring break pay was eliminated. She
explained that from 1987 to 1992, the cost-of-living has
increased, that school crossing guards are of the opinion
that they deserve a pay raise, and requested that their
compensation be increased from $5.22 to $7.50 per post
time.
Mr. Musser moved that the matter be referred to the
City Manager for appropriate response. The motion was
seconded by Mr. Fitzpatrick and adopted.
POLICE DEPARTMENT: Council Member White advised
that recently he had an opportunity to attend a workshop
on Community Policing and he was pleased to report that
the City of Roanoke has made considerable progress in the
area. He expressed appreciation to Police Chief M. David
Hooper and members of his department.
At 9:40 p.m., the Mayor declared the meeting in
recess.
109
ACTION:
ACTION=
At 10:30 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member Harvey.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers .... 6.
NAYS: None 0.
(Council Member Harvey was absent.)
COMMITTEES-INDUSTRIES: Mr. Fitzpatrick offered the
following resolution reappointing Sam H. McGhee, III, as
a Director of the Industrial Development Authority for a
term of four years, commencing October 21, 1992:
(#31215-101292) A RESOLUTION reappointing a
Director of the Industrial Development Authority of the
City of Roanoket to fill a four year term on its Board of
Directors.
(For full text of Resolution, see Resolution Book No. 54,
page 210.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31215-101292. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
110
There being no further business, the Mayor declared the
meeting adjourned at 10:35 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
111
SPBCIAL ~BB~IN~
ROANOKE CITY COUNCIL
October 26, 1992
11:30 a.m.
The Council of the City of Roanoke met in special session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, October 26,
1992, at 11:30 a.m., pursuant to Section 10, Meetinqs of Council,
of the Roanoke City Charter; and pursuant to communication from the
Mayor under date of October 22, 1992, with Mayor David A. Bowers
presiding.
PRESENT: Council
Beverly T. Fitzpatrick, Jr.,
McCadden, Howard E. Musser,
David A. Bowers-
Members Elizabeth T. Bowles,
James G. Harvey, II, Delvis 0.
William White, Sr., and Mayor
7.
ABSENT: None.
®
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; and Mary F. Parker, City Clerk.
The meeting was opened with prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
COUNCIL: The Mayor referred to the following
communication calling the special meeting of Council:
"October 22, 1992
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke Virginia
Re: Call of Special Meetinq
Dear Mrs. Bowles and Gentlemen:
Pursuant to Sl0 of the Roanoke City Charter, I am calling
a Special Meeting of the Council of the City of Roanoke
at 11:30 a.m., on Monday, October 26, 1992, in the City
Council Chamber. It is anticipated that immediately
after publicly convening the meeting, City Council will
112
ACTION
ACTION:
convene tn Executive Session. The purpose of the
Executive Session will be to discuss a personnel matter,
being the performance of a specific public officer,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended.
Sincerely,
S/David A. Bowers
David A. Bowers
Mayor"
(See communication on file in the City Clerk's Office.)
Mr. McCadden moved that Council meet in Executive
Session to consider a personnel matter, being the
performance of a specific public officer, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers --7.
NAYS: None 0.
At 11:35 a.m., the Mayor declared the meeting in
recess.
(At 2:00 p.m., Council convened in regular session,
declared the regular meeting in recess at 2:30 p.m., and
reconvened in Executive Session at 2:35 p.m., as a
continuation of the special meeting which was called to
order at 11:30 a.m.)
At 5:40 p.m., the special meeting reconvened in the
Council Chamber, with Mayor Bowers presiding, and all
Members of the Council in attendance.
COUNCIL: With respect to the Executive Session just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
113
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None -0.
The Mayor advised that he would recess the special
meeting in order for the Water Resources Committee to
conduct its meeting in the Council's Conference Room,
after whicll time, the special meeting of Council would
reconvene. Following adjournment of the special meeting,
he further advised that Council would reconvene in its
regular 2:00 p.m. session.
At 5:45 p.m., the Mayor declared the special meeting
in recess.
At 6:45 p.m., the special meeting reconvened in the
Council' Chamber, with Mayor Bowers presiding, and all
Members of the Council in attendance.
COUNCIL-DIRECTOR OF FINANCE: The Mayor requested
that the City Clerk read the following Agreement proposed
to be entered into between the City of Roanoke and
Joel M. Schlanger, Director of Finance, under date of
October 26, 1992:
"THIS AGREEMENT is made and entered into
this 26th day of October, 1992, by and between
the CITY OF ROANOKE, a municipal corporation
organized and existing under the laws of the
Commonwealth of Virginia, hereinafter referred
to as "City", and JOEL M. SCHLANGER, DIRECTOR
OF FINANCE, hereinafter referred to as the
"Director".
FOR AND IN CONSIDERATION of the City's
retaining the Director in its employ and not
instituting proceedings to terminate the
Director, the parties hereto do hereby
covenant and agree as follows:
1. The Council of the City finds
certain of the conduct and activities of the
Director to constitute a breach of trust and
hereby issues a public reprimand to the
Director. The Director agrees to issue an
appropriate written apology which shall be
approved by City Council, and the Director
shall read such written apology at a public
meeting of City Council.
114
2. The Dlrector shall be suspended
without pay from office and employment with
the City for 30 calendar days commencing
October 27, 1992. There shall be no lapse of
health insurance, life insurance and
disability insurance coverages of the Director
during the period of this suspension. During
this period of suspension, the Director shall
obtain appropriate medical care, it being the
intent of the parties that the Director shall
return to full duties at the conclusion of the
30-day suspension period. Should the Director
be unable to return to full duty at the
conclusion of the 30-day suspension period,
the Director shall present a certificate of a
medical doctor documenting such fact, and the
Director shall, if requested by City Council,
submit himself to examination by an
independent medical doctor approved by City
Council.
3. The Director shall be on
probationary status until September 30, 1994,
and during such probationary period, the
Director shall serve at the pleasure of City
Council and shall always be subject to
dismissal by City Council without cause.
4. It is the intention of the City that
the Director devote his full time to his
service as Director of Finance. The City,
however, recognizes that the Director has
certain construction in progress and that the
Director will require a reasonable period of
time to phase out his outside business
activities. The Director agrees to phase out
all outside business activities as quickly as
possible and to make a full public disclosure
of all his outside business activities on
December 1, 1992, and on the first day of each
month thereafter until all such outside
business activities have been concluded. The
required disclosure reports shall be made to
the Personnel Committee of City Council.
5. The Director understands that the
City reserves the right to have a complete
financial and/or operational audit of the
Department of Finance conducted and that the
City also reserves the right to have an
investigation of any of the Director's
115
il
ACTION:
activities and conduct conducted by a law
enforcement agency of the City's choice. The
Director agrees to cooperate fully in any such
audit and investigation, which shall be
conducted according to a timetable prescribed
by the City.
6. During the 30-day suspension period
of the Director, the Director shall remain off
City premises, and during such period, City
Council shall appoint an Acting Director of
Finance to have responsibility for the
operation of the Department of Finance.
7. The parties hereto agree that this
document contains and represents the entire
and complete agreement between the parties
and that any and all prior negotiations and
discussions are merged herein.
8. The Director declares that he has
completely read and fully understands and
voluntarily accepts the terms and conditions
of this agreement.
CITY OF ROANOKE
By: S/David A. Bowers
David A. Bowers, Mayor
ATTEST:
S/Mary F. Parker
Mary F. Parker, City Clerk
JOEL M. SCHLANGER
DIRECTOR OF FINANCE
By: S/Joel M. Schlanger
WITNESS:
S/W. C. Dibling, Jr."
Mr. Fitzpatrick moved that the Mayor be authorized
to execute the abovereferenced Agreement on behalf of the
City of Roanoke. The motion was seconded by Mr.
McCadden.
116
Mr. Schlanger presented the following statement:
"Mr. Mayor and Members of City Council: I
deeply regret the circumstances that have
brought us to this point -- and I sincerely
understand how this episode has created a
sense of bewilderment to the citizens of the
City of Roanoke in reference to their
government.
I offer the events of my personal life over
the past several years as only an explanation
-- and not a good one -- of these incidents of
bad Judgement -- but this is no excuse -- if
my personal life was affecting my performance
I should have brought it to your attention.
I humbly accept the reprimand of this City
Council for the breach of trust which I have
caused. I publicly apologize to City Council
and the citizens of this great city and ask
for your forgiveness. I was wrong -- I made a
MISTAKE!
Please know that Joel Schlanger 16yes this
City and his Job -- and wants to continue to
be part of these exciting times. I have tried
to provide to this City the very best
financial advice over the past 16 years.
I know that today I have been given the
opportunity to rebuild my reputation and
reclaim my good name.
To the people of the City of Roanoke, I
sincerely apologize and thank you for a second
chance -- I promise you that I will not let
you down."
Members of Council expressed concern over Mr.
Schlanger's actions; advising that they endeavored to
reach an agreement that was best for the City of Roanoke,
while at the same time displaying human compassion for an
individual who made a mistake after 16 years of loyal
service and good financial advice; that this incident has
pointed out certain weaknesses or deficiencies, in the
present City government structure, both in accounting and
administrative areas, which will be immediately addressed
in order to eliminate and/or minimize incidents that
would otherwise go undetected in the future; and it is
necessary to take appropriate action to resolve the
117
matter so that the City of Roanoke will be in a position
to move forward with other important issues and/or
projects.
The motion to authorize execution of the Agreement
by the Mayor adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ...... 7.
NAYS: None -0.
ACTION:
Mr. Harvey moved that James D. Grisso be appointed
as Acting Director of Finance for a period of 30 days
commencing immediately. The motion was seconded by Mr.
White and unanimously adopted.
There being no further business, the Mayor declared the
special meeting adjourned at 7:25 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
118
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
October 26, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, October 26,
1992, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members James G. Harvey, II, Delvis O.
McCadden, Howard E. Musser, William White, Sr.,
Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., and Mayor
David A. Bowers 7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dlbling, Jr., City Attorney; James D. Grisso, Deputy Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT-POLICE DEPARTMENT-TRAFFIC-..
COMMONWEALTH'S ATTORNEY: Mr. Francis W. Burkhart, III,
Chairman of the Crime Prevention Committee of the Roanoke
Regional Chamber of Commerce and Commonwealth's Attorney
for Roanoke County, and Mr. Donald S. Caldwell,
Commonwealth's Attorney for Roanoke City and a member of
the Crime Prevention Committee, presented the first
Distinguished Service Award to Ms. Judith Wilson in
recognition of her unselfish sacrifice and time spent in
trying to save the life of Ms. Jennifer Dawn Vest in a
traffic fatality at the intersection of Wonju Street and
Roy L. Webber Expressway on October 31, 1991.
Mr. Burkhart advised that the award was initiatedby
Mr. Caldwell and is supported by all members of the Crime
Prevention Committee. He explained that there are many
citizens in the community who, through the course of
their daily lives, perform acts above and beyond the call
of duty as a service to the citizens of the Roanoke
Valley who are never recognized, and Mr. Caldwell pointed
out that the Distinguished Service Award will be
·
ACTION:
ACTION:
presented to individuals in the future who perform
courageous acts in service to their community. He
recognized, and commended Sergeant Alfred L. Brown of the
Roanoke City Police Department for his service.
On behalf of the Members of City Council, the Mayor
presented Ms. Wilson with a "crystal star" which is
symbolic of the star on Mill Mountain in recognition of
her service to a fellow citizen.
BID OPENINGS
PARKS AND RECREATION-FIRE DEPARTMENT-ROANOKE
NEIGHBORHOOD PARTNERSHIP: Pursuant to notice of
advertisement for bids for handicapped compliance at
Southeast Action Forum (Old Fire Station No. 6), and
Villa Heights Recreation Center, said bids to be received
by the City Clerk until 1:30 p.m., on Monday, October 26,
1992, and to be held, opened and read before the Council
at 2:00 p.m., on that date, or as soon thereafter as the
matter may be heard, the Mayor asked if anyone had any
questions about the advertisement for bids; whereupon,
Ms. Lisa D. Jennings~ P. O. Box 1462, Bluefield, West
Virginia, advised that she was informed by the City
Clerk's Office that her bid could not be submitted
inasmuch as she was one minute past the 1:30 p.m.,
deadline for receipt of bids, and inquired if Council
would permit her to submit the bid.
The City Attorney advised that the City Code
provides that no bid shall be opened or considered by the
Council after the deadline for receipt of such bids.
The Mayor then instructed the City Clerk to proceed
wi~h the opening of the bids that were submitted prior to
the 1:30 p.m. deadline.
BIDDER BASE BID
Building Specialists, Inc.
Acorn Construction, Ltd.
$38,300.00
79,000.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, William F. Clark and Kit B. Kiser as members
of the committee.
119
120
ACTION:
At 2:20 p.m., the Mayor declared the meeting in
recess.
At 7:35 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He advised
that no Executive Sessions would be held inasmuch as both
requests had been withdrawn from the agenda.
MINUTES: Minutes of the Personnel Committee meeting
held on Monday, June, 1, 1992; the regular meeting of
Council held on Monday, June 1, 1992; the Personnel
Committee meeting held on Monday, June 8, 1992; and the
regular meetings of Council held on Monday, June 8, 1992,
Monday, June 15, 1992, and Monday, June 22, 1992, were
before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers --7.
NAYS: None
CITY NURSING HOME: A report of the City Manager with
regard to operation of nursing home facilities by other
municipalities in the Commonwealth of Virginia, was
before the body.
It was advised that the nursing home facilities are
owned by municipalities and counties in the Commonwealth
of Virginia, with various methods of operation.
(For full text, see report on file in the City Clerk's
Office.)
121
ACTION:
ACTION-.
ACTION:
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ---7.
NAYS: None. 0.
PLANNING: A communication from William A. Sowers
tendering his resignation as a member of the City
Planning Commission at the expiration of his term on
December 31, 1992, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be received
and filed and that the resignation be accepted with
regret. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers
NAYS: None 0.
MENTAL HEALTH SERVICES: A communication from
Robert L. Lynn, Jr., tendering his resignation as a
member of the Board of Directors of Mental Health
Services of Roanoke Valley, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be received
and filed and that the resignation be accepted with
regret. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ...... 7.
NAYS: None 0.
HOUSING/AUTHORITY: A report of qualification of
Brenda A. Powell as a member of the Fair Housing Board,
for a term ending March 31, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
122
ACTION:
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
MENTAL HEALTH SERVICES: A request of Mental Health
Services of the Roanoke Valley to address Council with
regard to services provided to citizens of Roanoke City
by Mental Health Services, was withdrawn.
YOUTH: A request of the Youth Services Citizen
Board to address Council with regard to activities of the
Board was withdrawn.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of funds to
the following school accounts, was before Council. '
Grant No. 6504
$3,500.00 for the Juvenile
Detention Home Program to
provide funds for the salary
and expenses of two educational
coordinators at the detention
home. The Program will be 100
per cent reimbursed by State
funds.
Grant No. 6754
Grant No. 6901
$6,820.00 for the Adult Basic
Education Program to provide
funds for education of adults
who have not completed high
school. The Program will be
reimbursed by Federal funds.
$4,700.00 for the Hurt Park
Tutorial Program to provide for
an after school tutorial
program at Hurt Park Elementary
123
ACTION=
School. The Program is I00 per
cent funded by the Department
of Education and Central
Fidelity Banks, Inc.
Summer School
Program
$90,993.00 for
School Program.
enrollment was higher
anticipated resulting
increase in teacher
transportation cost.
monies will provide
additional funding.
the Summer
Summer school
than
in an
and
State
for
A report of the Director of Finance recommending
that Council concur in the request of the School Board,
was also before the body.
(For full text, see report and communication on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#31216-102694) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant and General Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 210.)
Mr. White moved the adoption of Ordinance No. 31216-
102692. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
POLICE DEPARTMENT: A briefing with regard to the
Roanoke City Police Department Accreditation Program was
withdrawn.
124
ITEMS RECOMMENDED FOR ACTION:
GRANTS: The City Manager submitted a written report
advising that Council approved the Community Development
Block Grant (CDBG) Fiscal Year 1993 Budget and Statement
of Objectives, pursuant to Resolution No. 30508-051192
adopted on May 11, 1992; and Council authorized a
subgrantee agreement with the Roanoke Redevelopment and
Housing Authority, pursuant to Resolution No. 31167-
082492 adopted August 24, 1992, to implement CDBG
programs.
It was further advised that the City's Housing
Development Office has requested transfer of $100,000.00
from the City's HOME funding allocation to Community
Development Block Grant Critical Home Repair to the
Downpayment Assistance Program; that said transfer would
not eliminate any program or change the level of funding
for either, however, there would be a change in revenue
source which would allow for easier implementation of
both programs due to regulatory restrictions on the HOME
program funds and would require an amendment to the
agreement with the Housing Authority; that citizen
participation requirements call for an evening public
hearing to amend the CDBG program and budget to make
substantial changes to any CDBG activities or programs;
and presentation of the amended fiscal year 1993 CDBG
program and budget to include changes in the Critical
Home Repair and Downpayment Assistance Programs will be
made to Council on Monday, November 9, 1992.
The City Manager recommended that Council authorize
a public hearing to be held on Monday, November 9, 1992,
to hear public comments on proposed amendments to the
1992-93 Community Development Block Grant Program.
(For full text, see report on file in the City Clerk's
Office.)
ACTION:
Mr. Harvey moved that Council concur in the
recommendation of the City Manager. The motion was
seconded by Mr. Fitzpatrick and unanimously adopted.
SALVATION ARMY: The City Manager submitted a
written report advising that The Salvation Army applied
through the Citizens Services Committee for City funds,
as follows:
$16,500.00 to operate a program for the homeless
$21,000.00 to operate a shelter for battered women.
125
ACTION=
It was further advised that the City Attorney,
through a written opinion dated April 23, 1986, stated
that the City may contract with The Salvation Army, a
church, or sectarian institution, as long as the contract
is for the care of indigent sick or injured persons and
payment of City funds under any contract does not exceed
the fair market value of services rendered; that the
Citizens Services Committee recommended an appropriation
of $22,600.00 for fiscal'year 1992-93 to be used for
either program, and Council concurred in the
recommendation; and The Salvation Army has requested that
the $22,600.00 be divided between the Abused Women's
Program and the Homeless Program, as follows:
$12,600.00 for the Abused Women's Program
$10,000.00 for the Homeless Program.
The City Manager recommended he, or his designee, be
authorized to execute two contracts in a form to be
approved by the City Attorney with The Salvation Army for
payment of services delivered by the Abused Women's
Program and the Homeless Program.
(For full text, see report on file In the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31217-102692) A RESOLUTION authorizing the City
Manager to enter into two contracts with The Salvation
Army for payment of services delivered by the
organization's Abused Women's Program and Homeless
Program to citizens of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 54,
page 212.)
Mrs. Bowles moved the adoption of Resolution No.
31217-102692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers -7.
NAYS: None 0.
FLOOD REDUCTION/CONTROL-STATE HIGHWAYS-CONSULTANTS
REPORTS-TRAFFIC-WATER RESOURCES: The City Manager
submitted a written report advising that Council approved
the following projects:
126
Roanoke River Flood
Reduction Project
Peters Creek Flood
Reduction Project
Second Street/Gainsboro
Road Street Improve-
ment Project
Ordinance No. 29733-091189
Ordinance No. 30263-100190
Ordinance No. 30255-100190
Carvtns Cove Improvement
Project Ordinance No. 30699-090991
It was further advised that the number of parcels of
property to be obtained during the next two years with
regard to the abovereferenced projects totals 565; that
previous hiring of a "Professional Coordinator" for land
acquisition for the Roanoke River Flood Reduction Project
was authorized by Council, pursuant to Ordinance No.
26965, adopted on April 9, 1988; that initial contact was
needed prior to the referendum in April, 1989, to
determine community interest and willingness of property
owners to donate property for the project; and after
interviewing several respondents to a published
advertisement, approval to hire two individuals was
received on December 10, 1990, for real estate
acquisition of Peters Creek, Second Street/Gainsboro Road
and Roanoke River for two years.
It was explained that full-time and part-time
"Professional Coordinators" were advertised on October 9,
1992, in the Roanoke Times & World News; that two r~sum~s
from John M. Bowman and Luther N. Ntcar were received on
October 14, 1992, the two individuals who have been
employed in the position since December 1990; and after
interviews were conducted on October 19, 1992, the
abovementioned individuals were determined to be
qualified.
The City Manager recommended that Council authorize
the City Administration to execute personal services
contracts to employ one full-time (John M. Bowman) and
one half-time (Luther N. Nlcar) Real Estate Acquisition
Management Specialists, advising that contracts will be
in a form to be approved by the City Attorney, at a cost
of $120,000.00, with $60,000.00 to be encumbered for said
purpose in the Roanoke River Flood Reduction Project,
Account No. 008-056-9619, $15,000.00 in the Peters Creek
127
ACTION:
Flood Reduction Project, Account No. 008-052-9704-9050,
$35,000.00 in the Second Street/Gainsboro Road Street
Improvement Project, Account No. 008-052-9547-9050, and
$10,000.00 in the Carvins Cove Phase II Project, Account
No. 002-056-8364-9050.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31218-102692) A RESOLUTION authorizing the City
to enter into certain contracts for real estate
acquisition management services, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 54,
page 213.)
Mr. Musser moved the adoption of Resolution No.
31218-102692. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers --7.
NAYS: None
e
DOMINION TOWER-HOUSING/AUTHORITY: The City Manager
submitted a written report advising that on October 19,
1992, he received a letter from Henry J. Faison
requesting that the City consent to a waiver of a
condition in the Reciprocal Operating Agreement dated
September 16, 1991, which governs maintenance, repair,
replacement and operation of the Dominion Tower, parking
garage and adjacent improvements; that Section 11.4 of
the Agreement provides that Faison Roanoke Office Limited
Partnership may not sell any interest in Dominion Tower
for a period of two years or until the building is 90 per
cent leased, whichever occurs first; that the building is
currently 87 per cent leased; that in his letter of
October 19, Mr. Faison advised that he has received an
offer for the sale of 50 per cent of the building; and
subsequent to the sale, the 50 per cent interest would be
leased back to Faison, and Faison would remain liable on
the debt encumbering the property.
It was explained that the proposed transaction
cannot occur unless the City and the Housing Authority
agree to waive the restriction contained in Section 11.4
of the Reciprocal Operating Agreement; and inasmuch as
128
ACTION=
Faison would remain the owner of 50 per cent of the
building and would continue to operate the entire
building, the City Manager encouraged Council to consent
to waiving the restriction of Section 11.4.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31219-102692) A RESOLUTION consenting to the sale
by Faison Roanoke Office Limited Partnership of an
undivided interest in the Dominion Tower, and authorizing
the execution of all documents necessary to evidence the
consent of the City of Roanoke to such sale.
(For full text of Resolution, see Resolution Book No. 54,
page 214.)
Mr. Harvey moved the adoption of Resolution No.
31219-102692. The mouion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None. 0.
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for construction
of the sanitary sewer replacement on Oakland Boulevard,
N. E., between Frontier Road and Crittendon Avenue,
presented a written report on behalf of the Committee,
recommending that Council take the following action:
Authorize the City Manager to enter into a
contractual agreement, in a form approved by
the City Attorney, with S. C. Rossi & Company,
Inc., in the amount of $29,400.00, and 30
consecutive calendar days to complete the
work.
Appropriate $31,400.00 from Sewer Fund Prior
Year Retained Earnings to an account to be
entitled Oakland Boulevard Sanitary Sewer
Replacement.
129
I!
ACTION=
ACTION=
Contract Amount
Advertisement &
Project Contingency
$29,400.00
2,000.00
Total $31,400.00
Reject all other bids received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31220-102692) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 215.)
Mr. White moved the adoption of Ordinance No. 31220-
102692. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None 0.
Mr. White offered the following emergency ordinance:
(#31221-102692) AN ORDINANCE accepting the bid of
S. C. Rossi & Company, Inc., for replacement of the
sanitary sewer line located in Oakland Boulevard, N. E.,
between Frontier Road and Crittendon Avenue, upon certain
terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 216.)
Mr. White moved the adoption of Ordinance No. 31221-
102692. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
130
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ..... 7.
NAYS: None
-0.
BUDGET-WATER RESOURCES-EASEMENTS-PURCHASE/SALE OF
PROPERTY: Council Member Elizabeth T. Bowles,
Chairperson of the Water Resources Committee, presented
a written report on behalf of the Committee, with regard
to the Carvins Cove Filter Plant, Phases I & II - water
line easement acquisition.
A staff report advised that a preliminary
engineering study by Mattern & Craig, Inc., identified
certain improvements needed at the Carvtns Cove Filter
Plant, Phase I, and improvements to various waterlines,
needed to supply the City well into the next century, in
Phase II; that design consultant contracts were awarded
to Mattern & Craig, Inc., for Phase I improvements and to
Dewberry & Davis for Phase II improvements for 14 miles
of water line from Carvins Cove to the Crystal Spring
Pumping Station; that final plans for Phase I and Phase
II are nearing completion and have been submitted to the
State Health Department for appropriate approval; that
plans as submitted require 65 easements and one parcel of
real estate to allow for construction and maintenance on
private properties; that the Water Resources Committee
received a briefing on land acquisition needs of the
project on September 28, 1992; and Council's
authorization and funding for acquisition of real estate
interests required for the two projects is necessary.
The Water Resources Committee recommended that
Council approve the following actions:
Acquire 65 easements and one parcel of real
estate required for construction of the
Carvins Cove Filter Plant Improvement Project,
in a form approved by the City Attorney.
Authorize the use of condemnation if required.
Transfer $270,000.00 from Water Plant
Expansion Bonds '92, Account No. 002-056-8366-
9189, to an account entitled Carvins Cove
Property Acquisition, to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
131
ACTION:
ACTION:
Mrs. Bowles offered the following emergency budget
ordinance:
(~31222-102692) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 217.)
Mrs. Bowles moved the adoption of Ordinance No.
31222-102692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None 0.
Mrs. Bowles offered the following emergency
ordinance:
(#31223-102692) AN ORDINANCE providing for the
acquisition of real estate needed by the City for the
construction of the Carvins Cove Filter Plant
Improvements, Phase I and II; authorizing the City
Manager to fix a certain limit on the consideration to be
offered by the City for each parcel; providing for the
City's acquisition of such real estate by condemnation,
under certain circumstances; authorizing the City to make
motion for the award of a right of entry on any of the
parcels for the purpose of commencing the project;
directing the mailing of this ordinance to the property
owners; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 218.)
Mrs. Bowles moved the adoption of Ordinance No.
31223-102692. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ...... 7.
NAYS: None
t
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
132
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ROANOKE CIVIC CENTER-SPECIAL PERMITS: Council
Member Harvey requested that the City Manager report to
Council with regard to the City's practice of waiving
certain rental fees at the Roanoke Civic Center for
organizations utilizing the facility in the name of
charity.
COMPLAINTS-HOUSING/AUTHORITY-SIDEWALK/CURB AND
GUTTER-NUISANCES: Council Member White requested that
the City Manager provide Council with a briefing on
Monday, November 2, 1992, with regard to unkempt
sidewalks, vacant houses and weed filled lots in the area
of Gllmer Avenue and 12th Street, N. W., as d~scribed in
a newspaper article that appeared in the Monday, October
26, 1992, edition of the Roanoke Times & World News.
OTHER HEARINGS OF CITIZENS: None.
There being no further business, the Mayor declared the
meeting adjourned at 7:45 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
133
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
November 2, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, November 2,
1992, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENTs Council Members Howard E. Musser, William White,
Sr., Elizabeth T. Bowles, Delvis O. McCadden and Mayor David A.
Bowers ............ 5.
ABSENT: Council Members Beverly T. Fitzpatrick, Jr., and
James G. Harvey, II ..... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; William X
Parsons, Assistant City Attorney; James D. Grisso, Acting Director
of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Nicholas G. Bacalis, Pastor, Holy Trinity Greek Orthodox Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
134
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers ..... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
ELECTIONS: A communication from Mayor David A.
Bowers transmitting voter registration information
provided by Shelva S. Painter, City Registrar, advising
of a successful voter registration indicating that
Roanokers will be voting in record numbers on Election
Day, was before Council.
The Registrar further advised that as of October 3,
1992, there were 42,915 registered voters, that there are
5,715 newly registered voters since January 1, that there
were 1,363 transfers to Roanoke City from other Virginia
localities since January 1, that there were 1,812 newly
registered voters during the month of October, and 303
transfer to Roanoke City from other Virginia localities
during the month of October. She point out that over
1,000 persons were registered which put the City over the
1988 total of 42,570.
(For full text, see communications on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communications be
received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers ...... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
PENDING LIST: A list of items pending from July 10,
1978, through October 26, 1992, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
135
ACTION:
ACTION:
Mrs. Bowles moved that the pending list be received
and filed. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members
McCadden and Mayor Bowers--
NAYS: None
Musser, White, Bowles,
De
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
COMMITTEES-INDUSTRIES: A report of qualification of
Sam H. McGhee, III, as a Director of the Industrial
Development Authority of the City of Roanoke, for a term
ending October 20, 1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers ......... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
MENTAL HEALTH SERVICES: Dr. Cheri W. Hartman, a
member of the Board of Directors of Mental Health
Services of the Roanoke Valley, presented a progress
report for fiscal year 1992,'advising that during this
past ~lscal year, $306,588.00 of Roanoke City's tax
dollars were matched with State and Federal dollars and
fees to provide $5,572,176.00 of service to the citizens
of Roanoke City, which amounts to $19.00 worth of
services for each tax dollar expended. She further
advised that programs during the past fiscal year
provided services to persons with mental retardation,
problems associated with drug and alcohol abuse, and
mental illness; and prevention and early intervention
services were also provided to persons at-risk for mental
illness, mental retardation and problems associated with
drug and alcohol abuse. She explained that the Mental
Retardation Division provtds a comprehensive system of
quality community support services that are responsive to
136
ACTION=
ACTION=
persons with mental retardation, their families and the
community; and during the past year, Mental Health
Services provided assistance to 686 Roanoke City citizens
which included Emergency Services, Case Management
Services, Day Support Services, Residential Services and
Early Intervention Services.
(For full text, see statement on file in the City Clerk's
Office.)
Ms. Lynelle F. Harden, 3826 Panorama Avenue, N. W.,
Apt. C3, a participant in the Aftercare Program at Hegira
House, advised that two years ago, she was addicted to
crack/cocaine and through intense training at Hegira
House, she was able to rebuild her life and is now a
recovering addict and a college student. She requested
that the City of Roanoke continue its funding of Hegira
House in order to assist other persons in need of such
services.
Mr. Musser moved that the report be received and
filed with appreciation. The motion was seconded by Mrs.
Bowles and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting that Council appropriate
$5,000.00 for the Vocational Education Teen Mothers
Program, to provide child care for students enrolled in
the Teen Parents Employability Development Class, said
program to be 100 per cent reimbursed by Federal funds,
was the body.
A report of the Acting Director of Finance
concurring in the request of the School Board, was also
before Council.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#31224-110292) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 219.)
Mr. White moved the adoption of Ordinance No. 31224-
110292. The motion was seconded by Mr. McCadden and
adopted by the following vote:
137
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers --- 5.
NAYS: None .... 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
POLICE DEPARTMENT: Mr. George C. Snead, Jr.,
Director of Public Safety, presented a briefing on the
Police Department accreditation process, advising that
the presentation is three-fold; viz: (1) to introduce
members of the Police staff who will be working on the
project; (2) to familiarize Council with the detailed
work involved in order for an urban police department to
become accredited; and (3) to provide Council with an
understanding of what accreditation of the Police
Department means to the citizens of the City of Roanoke.
Mr. Snead introduced members of the accreditation
staff and presented a history on accreditation of the
urban police department. He advised that during a ten
year period from 1963 to 1973, three major blue ribbon
commissions studied policing in the nation and each
provided a detailed report; viz: The President's
Commission on the Administration of Justice submitted a
report in 1968, The American Bar Association submitted a
report in 1973, and The National Advisory Commission on
Criminal Justice Standards and Goals submitted a report
in 1973. He stated that these Commissions and their
reports provided the basic foundation for much of the
initiative of police reform that occurred in the latter
part of the 1970's and the 1980's, and all three of the
reports continue to serve as benchmarks on police reform
in this country. He further stated that the three
Commissions made substantive recommendations which have
been significant insofar as the manner in which the
nation polices its free society, the most central theme
of all three recommendations, from a scholarly
perspective, having dealt with the changing role of the
police function from one of primarily a crime fighter to
one of primarily a peace keeper. He explained that
approximately three and one-half years of hard work was
devoted to developing the accreditation process, the
initial phase having involved the drafting and redrafting
of almost every aspect of urban police work. He noted
that the Accreditation Commission began accepting
applications from police agencies in October 1983, and by
138
May 1984, the 24 member Mount Dora, Florida, Police
Department became the first department to become
accredited by the Accreditation Commission. He stated
that the most important influence that the Accreditation
Commission has had on policing has been by virtue of the
establishment of accreditation standards which have
sharpened the thinking of individuals and groups whose
pursuit is the professional growth and development of law
enforcement in a free society. He advised that the City
of Roanoke is committed to its Police Department becoming
accredited.
Lt. William D. Jobe explained the accreditation
process, advising that the term accreditation means to
recognize as outstanding or to provide with credentials.
He further explained that several Presidential
Commissions were involved in the process, and in 1963-64,
the President's Commission on Violent Crime in a Free
Society brought forth numerous ideas which demonstrated
a specific need for some form of standardization in
police operations so that there would be a unity of
effort between police agencies regardless of where they
function, whether it be Federal, State or local. He
stated that the primary goal of the Accreditation
Commission is to provide effective and efficient
services, and one of the primary and basic benefits of
accreditation is to direct all benefits to the local
government and the community, and then to the agencies
and the members of those agencies which provide the
service. He presented information listing accreditation
agencies in the Commonwealth of Virginia. He stated that
every unit in the Roanoke City Police Department is
involved in the process, and presented a six minute video
outlining the steps to be followed in order to become
accredited.
Lt. Jobe explained that there are 825 total
standards that must be addressed in order to become
accredited, 605 of which must be addressed inasmuch as
there is no other alternative. He explained that 220
standards are optional, and of the 220 optional, 85 per
cent must be met the first time through, and once the
department has obtained accreditation, it will be
reexamined every fifth year and must attain an additional
five per cent every year until it has reached 95 per
cent of the options. He stated that there is a strong
commitment on the part of the City's Police Department to
become accredited.
Police Chief M. David Hooper advised that he has
been asked, both internally and externally, why a police
department would subject itself to such an examination
which is a rigorous process. He explained that the Police
Department is of the opinion that the process provides an
139
ACTION:
objective, nationally recognized standard by which to
measure the policies, procedures and practices of the
Roanoke City Police Department and all 825 standards. He
added that the program will provide the Police Department
with a mechanism for constant self-evaluation and an
opportunity to remain in compliance with the standards
and revised standards as they are devised, which relates
to a sense of pride, accomplishment and professional
development by members of the Police Department. He
explained that the process provides City Council, the
City Manager and the taxpayers with an additional measure
for use In evaluating the Police Department; that it
provides nationally recognized standards by which those
moving to Roanoke may evaluate the City and Its law
enforcement services, It provides the assurance that what
is done will have continuity and standards will continue
to be met regardless of the leadership tn the Police
Department or other areas of the City for a minimum of
five years and beyond if the City continues its desire to
be accredited inasmuch as the program Is voluntary.
The City Manager advised that as the City moves
forward into the future, the issue of an accredited
police department will serve as a plus in the decisions
of prospective new businesses as to whether or not they
wish to relocate to the City of Roanoke, and is
indicative of a police department that is responsive to
the needs of the citizens of the community and the
standard of professionalism.
Mr. Musser moved that the briefing be received and
filed with appreciation. The motion was seconded by Mrs.
Bowles and adopted.
PUBLIC WORKS-REFUSE COLLECTION: Mr. William F.
Clark, Director of Public Works, introduced Mr. H. Edward
Culp, Acting Superintendent of Grounds Maintenance, for
a briefing on the City's 1992 Leaf Collection Program.
Mr. Culp advised that for the past 15 to 20 years,
leaf collection in the City of Roanoke has remained
unchanged, with the City being divided into zones. He
stated that tn 1991, Roanoke County decided not to offer
vacuum leaf collection, and Roanoke City decided to
provide one service per residential customer per year,
which is the practice currently in effect. He noted that
last year, with the shortage of manpower, the City
struggled through leaf season until the end of February,
however, this year the leaf collection concept has been
redefined in order to give citizens better and more
timely service. He explained that the City has been
divided into four quadrants basically modeled on the
southwest, southeast, northwest and northeast sections
that already exist, and each quadrant is divided into
140
ACTION:
zones which equal approximately one week's work for the
assigned crew. He stated that specific crews will be
assigned to each quadrant to foster the ownership
concept; that the group assigned to a specific section of
the City will be responsible for documenting the times
they have covered the area and any unusual circumstances,
etc., and the zones are formulated by the types of trees
that dominate each area. He noted that each quadrant
will be assigned two vacuum leaf trucks, one front end
loader, two to four dump trucks and personnel to operate
the equipment. He stated that both bagged and vacuumed
leaf collection started on November 2 and will end the
last week of December; that bagged leaves will be
collected the day before normal trash pickup and taken to
the regional landfill, ground into a tub grinder and
offered to the public; and vacuumed or bulk container
leaves will be taken to selected sites within the City.
He explained that only one scheduled stop will be
provided to residents this year; that there has been
considerable effort to inform the public of the City's
plans through placement of door hangers on 28,000 to
30,000 homes and apartments, announcements by the local
news media, a leaf collection map was printed in the
October 29, 1992 edition of the Neighbors supplement to
the Roanoke Times & World-News, and maps and related
materials will be made available at firehouses, libraries
and recreation centers, and the leaf collection schedule
will be published weekly in the Neighbors section of the
Roanoke Times & World-News until leaf season is
completed.
Mrs. Bowles moved that the briefing be received and
filed with appreciation. The motion was seconded by Mr.
Musser and adopted.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-YOUTH CORRECTIONAL FACILITIES: The
City Manager submitted a written report advising that the
City received funds from the Department of Youth and
Family Services to administer a Family Oriented Group
Home Program for local children in need of therapeutic
residential placement while staying in the custody of
their parents; that the Program is administered through
the Crisis Intervention Center and is known as Sanctuary-
Family Oriented Group Home Program; and there are
currently two group homes operating, and plans are
underway with Roanoke's Project FOCUS demonstration grant
which will open two new therapeutic homes.
It was further advised that funding, in the amount
of $45,221.00, was transferred in July 1988 from the City
of Staunton's 25th District Family Oriented Group Home
Program; that the Staunton program was closed due to
141
ACTION=
under-utilization, with funding in Grant Account No. 035-
054-5125 being used for the Coordinator's salary; that
the Department of Youth and Family Services provides
permanent funding in the form of an annual block grant to
administer the Sanctuary-Family Oriented Group Home
Program; and the block grant for fiscal year 1992-93 is
$31,880.00 and is included in the General Fund budget,
Account No. 001-054-3360-3160.
It was explained that funds transferred from the
City of Staunton which were used for the Family Oriented
Group Home Coordinator's salary were depleted as of
September 7, 1992; and the Department of Youth and Family
Services has authorized the use of block grant funds in
Account No. 001-054-3360-3160 for the Family Oriented
Group Home Coordinator's salary.
The City Manager recommended that Council authorize
the transfer of $47,001.00 from the Sanctuary-Crisis
Intervention Center General Fund, Account No. 001-054-
3360-3160, to Sanctuary-Family Oriented Group Home Grant
budget (Organization No. 035-054-5125).
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31225-110292) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant and General Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 220.)
Mr. Musser moved the adoption of Ordinance No.
31225-110292. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers .... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
HEALTH DEPARTMENT-HUMAN DEVELOPMENT: The City
Manager submitted a written report advising that a local
commitment statement was used in previous years to
certify that Council appropriated a certain amount for
support of the Roanoke City Health Department; and Health
Laws of Virginia, Chapter i, Article 5, Paragraph 32.1-
142
ACTION=
31, "Operation of local health department, under contract
with Board; district health departments," states (in
part), as follows:
"A governing body of a City may enter into a
contract with the Board for the operation of
the local health department in such City. The
contract between the City and the Board shall
specify the services to be provided in
addition to the services required by law and
shall contain other provisions as the Board
and the governing body may agree upon."
It was further advised that the local commitment
statement was declared obsolete and replaced with a
contract and a services checklist which must be completed
per instructions from the State Health Department under
date of September 27, 1988; that said contract between
the Commonwealth of Virginia and the City of Roanoke is
necessary for proper billing to localities for health and
environmental services; that the contract establishes
that legal defense with respect to services performed
pursuant to local ordinance, services performed pursuant
to State enabling legislation set out in Title 15.1 of
the State Code, and certain other services as set forth
in the contract will be provided by the City Attorney;
and said requirement will continue to impose an
additional burden on the City Attorney's Office.
The City Manager recommended that he or his designee
be authorized to execute a contract, approved by the City
Attorney, with the State Health Department as provided
for in the Health Laws of Virginia.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following resolution:
(#31226-110292) A RESOLUTION authorizing the City
Manager, or his designee, to enter into a contract with
the Virginia Department of Health relating to the
operation of the local Health Department, upon certain
terms and conditions.
(For full text of Resolution, see Resolution Book No. 54,
page 222.)
Mr. McCadden moved the adoption of Resolution No.
31226-110292. The motion was seconded by Mr. Musser and
adopted by the following vote:
143
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers 5.
NAYS: None .... 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report advising that the
Homeownership Assistance Program was developed to enhance
homeownership opportunities within the City of Roanoke;
that the Program provides a source of funding for
purchase, purchase and rehabilitation, downpayment and
closing cost assistance, and education to facilitate
homeownership, especially for those persons of low and
moderate income; that financial assistance is provided by
the Virginia Housing Development Authority (VHDA), the
Virginia Department of Housing and Community Development
(~{CD), and the U. S. Department of Housing and Urban
Development through Community Development Block Grant and
HOME funds; that certain targeted vacant, substandard
properties are marketed by the City for purchase and
rehabilitation by homebuyers using resources available
through the Program; that the Program is administered
Jointly by the City and the Roanoke Redevelopment and
Housing Authority, as outlined in the City's current
contract for services with the Housing Authority; and the
City Manager was previously authorized to execute options
with individual owners of numerous properties to be
included in the Homeownership Assistance Program.
It was explained that real estate options have been
executed by the owners of vacant single-family homes, as
follows:
Option Price City Assessment
Ivan H. Winston, Jr.
L. B. Woodt III
1519 Hanover Avenue, N. W.
401Gilmer Avenue, N. W.
1026 Patterson Avenue, S. W.
2001 Melrose Avenue, N. W.
$14,000.00
20,000.00
17,000.00
5,000.00
$27,500.00
23,200.00
20,000.00
10,200.00
Ivan H. Winstont Jr.
1528 Orange Avenue, N. W.
13,000.00
22,100.00
144
ACTION:
David Michael Gordon
3846 Long Meadow Avenue, N. W. 45,000.00 49,500.00
Paul E. and
Melonte E. Norris
1523 Rorer Avenue, S. W.
1002 Stewart Avenue, S. E.
24,900.00
19,900.00
22,500.00
19,900.00
The City Manager recommended that he be authorized
to execute real estate options for the abovedescribed
properties to be marketed through the Homeownership
Assistance Program.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31227-110292) AN ORDINANCE authorizing certain
real estate options to be entered into in connection with
the Homeownership Assistance Program; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 222.)
Mrs. Bowles moved the adoption of Ordinance No.
31227-110292. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White,
McCadden and Mayor Bowers .......
Bowles,
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
Mr. White requested that Council Members be
furnished with before and after photographs of houses
which are included as a part of the Homeownership
Assistance Program.
HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report advising that $220,000.00 from
the Virginia Department of Housing and Community
Development Single Family Rehabilitation and Energy
Conservation Loan Program and $240,000.00 in Community
Development Block Grant funds were allocated to the Home
Purchase Assistance Program by Council on June 26, 1989,
thereby allowing the City to provide loans to low-
145
moderate income households agreeing to buy and repair
certain identified substandard houses; and the Program is
administered Jointly by the City and the Roanoke
Redevelopment and Housing Authority.
It was further advised that the State Department of
Housing and Community Development and the Virginia
Housing Development Authority (VHDA) will Jointly
administer the Local Housing Rehabilitation Loan Program
at the State level; that VHDA provides loan approval and
servicing for $25,000.00 maximum rehabilitation
loan/grants available to qualifying low-moderate income
households at four per cent interest with 15 year terms;
that the City provides Community Development Block Grant
loans for purchase, closing costs and additional property
rehabilitation (beyond VHDA's $25,000.00 maximum, if
needed) at four per cent interest with 10 - 15 year
terms; that loans are approved by Council; and the
Roanoke Redevelopment and Housing Authority oversees
rehabilitation repairs to the properties.
The City Manager recommended that Council approve a
Community Development Block Grant loan not to exceed
$12,000.00 under the Home Purchase Assistance Program to
Lucille B. Dunnaville and Edna M. Lee for purchase and
rehabilitation of property located at 829 Centre Avenue,
N. W.
(For full text, see report on file in the City Clerk's
Office. )
Mrs. Bowles offered the following emergency
ordinance:
(#31228-110292) AN ORDINANCE approving the loan of
Community Development Block Grant (CDBG) funds to certain
individuals in connection with the City's Home Purchase
Assistance Program, authorizing the City Manager to
execute documents approved as to form by the City
Attorney necessar~to implement and administer the loan,
including a Construction Disbursement Agreement,
authorizing the City Attorney and Director of Finance to
serve as trustees with regard to the related deed of
trust securing the note for the loan, authorizing the
City Manager to execute a certificate of satisfaction
upon full payment and satisfaction of the loan, and
authorizing recordation by the City Attorney of the
certificate of satisfaction in the Office of the Clerk of
the Circuit Court for the City of Roanoke; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 224.)
146
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
31228-110292. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers --- 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
BUDGET-SEWERS AND STORM DRAINS-CONSULTANTS REPORTS:
The City Manager submitted a written report with regard
to the sanitary sewershed evaluation plan -
implementation and project identification, advising that
the City of Roanoke, Roanoke County, City of Salem, Town
of Vinton, and Botetourt County received a Special
Consent Order from the State Water Control Board in June
1992 to address the infiltration/inflow experienced at
the Sewage Treatment Plant; and the Special Consent Order
specifies the following dates for conformance:
Submit a sewershed evaluation plan
to the State Water Control Board by
no later than September 30, 1992.
Submit an approvable list of
proposed infiltration inflow
corrective action projects no later
than December 1, 1992.
Submit a report quantifying the
success of the projects in reducing
infiltration/inflow to the treatment
plant no later than July 31, 1993.
It was further advised that the Sewershed Evaluation
Plan was submitted to the State Water Control Board on
September 9, 1992; that the City proposed to submit six
of a total of 15 sewersheds within its boundaries in its
sewershed evaluation plan as an initial effort in meeting
the conditions of the consent order; that the decision
was based on historical data, day-to-day maintenance, and
performance during heavy rainfall events; and it was
decided that identifying and correcting the problems in
these six areas would have the most significant impact on
reducing infiltration/inflow to the plan in the most cost
effective manner possible.
It was explained out that a request for professional
services with qualifying proposals was advertised in the
Roanoke Times & World News on Sunday, August 30, 1992,
for implementation of a Sewershed Flow Monitoring Program
147
and Remediation Project Conceptual Design, with five
consulting firms responding; that personal interviews
were conducted which confirmed that both Anderson &
Associates, Inc., and Mattern & Craig, Inc., were
qualified to perform the work based on the following
criteria:
familiarity with the scope of work
necessary for the sewersheds
involved;
prior experience with flow
monitoring systems of various
watersheds and the necessary
analysis procedures; and
professional staff with sufficient
technical personnel and equipment to
meet the tight schedules as set
forth an the Consent Order.
It was explained that the Review Committee decided
to divide the initial six sewersheds scheduled for
analysis between Anderson & Associates and Mattern &
Craig, in the amounts of $100,000.00 and $200,000.00,
respectively, as follows:
To Anderson & Associates
Shaffers Crossing Sewershed discharging to the
Roanoke River Interceptor.
Murray Run Sewershed discharging
Roanoke River Interceptor.
to the
Garden City Sewershed discharging to the
Roanoke River Interceptor.
To Mattern & Craiq
Mudlick sewershed discharging to the Roanoke
River Interceptor.
Lick Run Sewershed discharging to the Tinker
Creek Interceptor.
Peters Creek Sewershed discharging to the
Roanoke River Interceptor.
The City Manager recommended that Council take the
following actions:
148
ACTION:
ACTION:
Award an engineering services contract, in a
form approved by the City Attorney, to
Anderson & Associates, Inc., in the amount of
$100,000.00; and to Mattern & Craig, Inc., in
the amount of $200,000.00, totalling
$300,000.00 for all slx sewersheds.
Appropriate $300,000.00 from the Utility Line
Services Internal Service Fund's Retained Earnings
to a new account entitled, "Sewershed Study and
Project Identification".
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31229-110292) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Internal Service Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 225.)
Mr. White moved the adoption of Ordinance No. 31229-
110292. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White,
McCadden and Mayor Bowers ....
Bowles,
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
Mr. White offered the following resolution:
(#31230-110292) A RESOLUTION authorizing the City
Manager to enter into agreements with certain engineering
firms, to provide certain engineering services,
specifically evaluation and cost estimates for proposed
infiltration/inflow corrective action projects, in
connection with the Sanitary Sewershed Evaluation Plan.
(For full text of Resolution, see Resolution Book No. 54,
page 226.)
Mr. White moved the adoption of Resolution No.
31230-110292. The motion was seconded by Mr. Musser and
adopted by the following vote:
149
ACTION=
AYES: Council Members Musser, White,
McCadden and Mayor Bowers
NAYS: None
Bowles,
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Acting Director of
Finance submitted the Financial Report for the City of
Roanoke for the month of September, 1992.
(For full text, see Financial Report on file in the City
Clerk's office.)
Mr. McCadden moved that the Financial Report be
received and filed. The motion was seconded by Mr. White
and adopted.
REPORTS OF COMMITTEES:
BUDGET-CITY CODE-FEE COMPENDIUM-WATER RESOURCES:
Council Member Elizabeth T. Bowles, Chairperson of the
Water Resources Committee, presented a written report on
behalf of the Committee with regard to proposed actions
in connection with preventing the infiltration of zebra
mussels into the Carvins Cove Reservoir, recommending
that Council take the following actions with regard to
temporarily restricting the usage of Carvins Cove
Reservoir by public boats and prohibit the use of aquatic
bait, effective at dusk on December 31, 1992;
No launchinq of any boat on Carvins Cove
Reservoir until the boat has been inspected by
a City employee or agent.
No boat of any type can be launched onto
Carvins Cove Reservoir from any access point
except via Route 648.
No aquatic bait or aquatic bait containers can
be used at or on Carvins Cove Reservoir.
Only boats owned by residents within the City
of Roanoke, City of Salem, Roanoke County,
Bedford County, or Botetourt County or owned
by the City of Roanoke or the Con~nonwealth of
Virginia, may enter onto Carvins Cove
reservoir (government owned boats exempted)
and then only by;
150
5. The
No Motor
Up to 10 HP
Motor
Over 10 H.P.
Motor
ae
Permission after an employee or
agent of the City of Roanoke
verifies that the boat is currently
owned by a resident in one of the
localities noted above. The person
wishing to launch the boat must be
able to prove he/she is a resident
of the localities noted above and
the boat is identified on a current
personal property tax receipt.
be
The City employee or agent verifies
there is no water or aquatic bait in
any live wells or containers.
Cm
The boat owner certifies the boat
has been in no other waters other
than Carvins Cove for the past three
weeks.
dm
The boat owner/operator agrees to
obey all duly initiated
boating/safety and operating
regulations and further agrees to
report to the City employee/agent
any suspected infraction of these
regulations by others.
launching
follows:
permit fees be raised as
Effective Effective Effective
Current January_ 1, 1993 ~10nua, r¥ !, 1994 ;~aUm~ 1.1995
. .Ann0al D~ily Annual Daily Annu01 Dail~ Anng~l Daily
$20.00 $2.00 $50.00 $3.00 $60.00 $4.00 $75.00 $5.00
$30.00 $3.00 $60.00 $5.00 S75.00 $7.00 $90.00 $9.00
$40.00 $4.00 $75.00 $6.00 $90.00 $%00 $100.00512.00
Any net boat launching fee revenue above the
amount estimated in the current Recreation
Department budget will be retained in the
Water Fund to help offset the additional cost
of providing inspectors. An unknown amount of
revenue will be provided.
151
City Parks and Recreation Department to have
installed a pole and cable system to block
access to all boat launching ramps except via
a locked access point. The key to the locked
access point is to be in the control of the
City Water Department employee or agent who
issues the daily launching permit. The key is
not to be loaned.
City employee_pr agent is to be on dut~
between the hours of:
April 1 thru October 31: 6:00 a.m. until 9:00
p.m.
November 1 thru March 31:
Closed to all public boating Monday thru
Wednesday
Thursday thru Sunday: On call for appointment
for lake access between the hours of 8:00 a.m.
until 6:00 p.m.
There will be no public boats on the reservoir
except during the hours stated aDove.
~ny violation of these regulations will be
punishable as a Class 2 Misdemeanor.
10.
Council authorize one additional permanent
employee position of Security/Custodian, Pay
Grade 5, and additional extra help funds to
perform inspection/permit duties.
Council appropriate $19~444.00 from Previous
Years' Retained Earnings in the Water Fund
Retained Earnings to the Salary and Wages
Account in the Water Fund Purification cost
center for six months' cost of
inspection/permit duties. Cost estimate is as
follows:
A. 6 months full time position $ 8,275.00
B. Fringe benefits (25%)
2~069.00
Sub Total
$10,344.00
152
ACTION:
C. Extra Help
1,300 Hours @ $7.00
~100.00
Total $19,444.00
(For full text, see report and staff report on file in
the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31231-110292) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 227.)
Mrs. Bowles moved the adoption of Ordinance No.
31231-110292. The motion was seconded by Mr. White.
Mr. M. P. Ratcliff, 212 Clubhouse Drive, Roanoke
County, advised that upon his retirement, one the reasons
he chose to remain in the Roanoke Valley area was due to
the recreational opportunities offered at Carvins Cove.
He stated that he owns two boats that are registered at
Carvins Cove, and expressed concern that those persons
who live on limited incomes, or those who cannot afford
a $15,000.00 boat, will be denied a special privilege.
He explained that the proposed measure will not hinder
the entrance of zebra mussels into the Cove, and
requested that the City give further study to the matter
and try to cope with the zebra mussels once they enter
the Cove, rather than restrict citizens who cannot afford
to drive to Smith Mountain Lake.
Ordinance No. 31231-110292 was adopted by the
following vote:
AYES: Council Members Musser, White,
McCadden and Mayor Bowers
Bowles,
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
Mrs. Bowles offered the following emergency
ordinance, to be in effect on and after December 31,
1992:
153
ACTION=
ACTION:
(%31232-110292) AN ORDINANCE amending and
reordaining Section 35-15, Violations of Article, Section
35-22, Fishing, Section 35-44, Boat permit and
certificate, and Section 35-49, Launching of Article II,
Carvins Cove Area, of Chapter 35, Water, Code of the City
of Roanoke (1979), as amended, to provide for a Class 2
misdemeanor penalty for violation of Carvins Cove
regulations, prohibiting the use of aquatic bait in
fishing at Carvins Cove, limiting the issuance of boat
permits and establishing regulations as to launchings;
and providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 54,
page 228.)
Mr. Bowles moved the adoption of Ordinance No.
31232-110292. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser,
McCadden and Mayor Bowers
White, Bowles,
5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
Mrs. Bowles offered the following resolution:
(#31233-110292) A RESOLUTION establishing a
schedule of rates and charges for boating activities at
Carvins Cove.
(For full text of Resolution, see Resolution Book No. 54,
page 230.)
Mrs. Bowles moved the adoption of Resolution No.
31233-110292. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Musser,
McCadden and Mayor Bowers
White, Bowles,
5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
EASEMENTS-NORFOLK SOUTHERN CORPORATION-BRIDGES:
Council Member Elizabeth T. Bowles, Chairperson of the
Water Resources Committee, presented a written report on
behalf of the Committee with regard to a public utility
easement requested by Norfolk and Western Railway Company
along the westerly side of a City owned lot bearing
154
ACTION:
Official Tax No. 2014008 for the purpose of relocating
primary electric distribution lines in connection wlth
the new Fifth Street Bridge.
A staff report advised that primary electrical power
distribution lines owned by Norfolk and Western are
currently located along Shenandoah Avenue, N. W.; and the
Virginia Department of Highways has required the lines to
be relocated to pass under the new Fifth Street Bridge,
which will cause the relocation of the power poles off
the southerly right-of-way line of Shenandoah Avenue, and
over to the edge of the tracks, from Second Street,
N. W., to a point just west of Fifth Street.
It was further advised that electric power lines
will pass under the bridge underground, then go to
overhead on the pole immediately west of the bridge; that
from that point, adjacent to the tracks, power lines must
pass over City-owned property, described as Official Tax
No. 2014008, and return to the southerly right-of-way
line of Shenandoah Avenue, which will require the
dedication of a 20 foot wide Public Utility Easement
along the westerly side of a City-owned lot, a distance
of approximately 115 feet.
The Water Resources Committee recommended that
Council dedicate a public utility easement, 20 feet wide
by approximately 115 feet long, along the westerly
boundary line of Official Tax No. 2014008, Lot 8, Block
23, Rogers, Fairfax & Houston, to permit installation of
electric distribution lines as requested by Norfolk and
Western.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the fol~owing ordinance be
placed upon its first reading:
(#31234) AN ORDINANCE providing for the dedication
of a public utility easement over property of the City
along the southerly right-of-way line of Shenandoah
Avenue, N. W., as more particularly described herein,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 231.)
The motion was seconded by Mr. McCadden and adopted
by the following vote:
155
ACTION=
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers 5.
NAYS: None-
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
SPECIAL PERMITS-EASEMENTS-CITY PROPERTY-NORFOLK
SOUTHERN CORPORATION: Council Member Elizabeth T.
Bowles, Chairperson of the Water Resources Committee,
presented a written report on behalf of the Committee
with regard to a request of Norfolk and Western Railway
Company to maintain a triangular encroachment of a corner
of a planter wall into the right-of-way of Franklin Road,
S. E.
A staff report advised that the new Norfolk Southern
Office Building was completed on the northwest corner of
the intersection of Wllliamson and Franklin Roads, S. E.;
that the property has approximately 240 feet of frontage
on Franklin Road; that a small encroachment of the corner
of the planter into the street right-of-way was
discovered when final as-build plans were prepared; and
dimensions of the triangular encroachment are 1.32 feet
on the easterly side, 4.12 feet on the southerly side and
4.22 feet on the northerly side.
The Water Resources Committee recommended that
Council authorize a conditional permit, revocable at the
pleasure of Council, permitting the encroachment of a
small corner of a planter associated with the Norfolk
Southern Building into the right-of-way of Franklin Road,
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(~31235) AN ORDINANCE authorizing a conditional
permit, revocable at the pleasure of Council, permitting
the encroachment of a corner of a planter wall associated
with an office building owned by Norfolk and Western
Railway Company into the right-of-way of Franklin Road,
S. E., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 232.)
The motion was seconded by Mr. McCadden and adopted
by the following vote:
156
ACTION=
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers .... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
UNFINISHED BUSINESS: None.
I~RODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None
OTHER HEARINGS OF CITIZENS: None.
At 3:50 p.m., the Mayor declared the meeting in
recess.
At 4:10 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Vice-
Mayor Fitzpatrick and Council Member Harvey.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers .... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
COMMITTEES-TRAFFIC: The Mayor advised that the four
year terms of Messrs. W. W. S. Butler, III, Harold S.
Zimmerman, James L. Phillips, Richard I. Huddleston and
Stephen A. Mancuso as members of the City of Roanoke
Transportation Safety Commission expired on October 31,
1992, and called for nominations to fill the vacancies.
157
ACTION:
ACTION:
Mr. McCadden placed in nomination the names of
W. W. S. Butler, III, Harold S. Zimmerman, James L.
Phillips, Richard I. Huddleston and Stephen A. Mancuso.
There being no further nominations, Messrs. Butler,
Zimmerman, Phillips, Huddleston and Mancuso were
reelected as members of the City of Roanoke
Transportation Safety Commission, for terms ending
October 31, 1996, by the following wore:
FOR MESSRS. BUTLER, ZIMMERMAN, PHILLIPS, HUDDLESTON
AND MANCUSO: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers ..... 5.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
COMMITTEES-ROANOKE CIVIC CENTER: The Mayor advised
that there is a vacancy on the Roanoke Civic Center
Commission, created by the ineligibility of Daniel E.
Wooldrtdge to serve another term, and called for
nominations to fill the vacancy.
Mr. McCadden placed in nomination the name of
James W. Stephens.
There being no further nominations, Mr. Stephens was
elected as a member of the Roanoke Civic Center
Commission for a term ending September 30, 1995, by the
following vote:
FOR MR. STEPHENS: Council Members Musser, White,
Bowles, McCadden and Mayor Bowers ...... 5.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
There being no further business, the Mayor declared the
meeting adjourned at 4:15 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
158
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
November 9, 1992
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, November 9,
1992, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetinqs~ of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members William White, Sr., Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Delvis O.
McCadden, Howard E. Musser and Mayor David A. Bowers ............. 7.
ABSENT: None --0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dlbling, Jr., City Attorney; James D. Grisso, Acting Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PROCLAMATIONS: The Mayor presented a Proclamation
declaring November 10, 1992, as Robert M. McLelland Day
in the City of Roanoke in recognition of the achievements
of Mr. McLelland and his support of programs that provide
a better quality of life for the young people of the
Commonwealth of Virginia, for the betterment of the
Roanoke Valley community and the world of sports.
The Mayor presented Mr. McLelland with a ceremonial
copy of the Proclamation and a Virginia Cup with the
Roanoke City Seal attached.
(See Proclamation on file in the City Clerk's Office.)
PUBLIC HEARINGS
BUDGET-HOUSING/AUTHORITY-GRANTS: Pursuant to motion
adopted by Council on Monday, October 26, 1992, the City
Clerk having advertised a public hearing for Monday,
November 9, 1992, at 7:30 p.m., or as soon thereafter
as the matter may be heard, with regard to proposed
amendments to the Fiscal Year 1992-93 Community
Development Block Grant Program and Budget, the matter
was before the body,
Legal advertisement of the public hearing was
published in the Roanoke Times & World News and in the
Roanoke Tribune on Thursday, October 29, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Manager advising that the
Roanoke Redevelopment and Housing Authority administers
a variety of housing programs funded from Community
Development Block Grant (CDBG) funds, HOME funds and
other sources; that a contract for services for
administration of activities in the current fiscal year
was approved by Council on Monday, August 24, 1992; and
programs addressed in the contract include the following:
Critical Home Repair component of Limited
Critical Repair Program, funded with
$100,000.00 of CDBG funds, provides for
minimal (up to $8,000.00) repairs of an
emergency nature to homes of low-moderate
income homeowners, but does not necessarily
make all needed repairs to the house.
Owner-Occupied Rehabilitation Loan Program,
funded with $100,000.00 HOME money and an
undetermined amount of funding from the Indoor
Plumbing/Rehabilitation Program of the
Virginia Department of Housing and Community
Development (DHCD). Use of HOME and DHCD
funds for this program require that houses be
completely rehabilitated.
Downpayment and Closing Cost Assistance
Program, funded with $100,000.00 HOME funds
and $55,617.00 carry-over CDBG funds. This
program provides up to $3,500.00 per family
for downpayment and closing costs to purchase
a home.
Operation Paintbrush, $46,867.00 of CDBG
funds.
It was explained that joint applications for the
Critical Home Repair Component, the Owner-Occupied
Rehabilitation Loan and Indoor Plumbing Rehabilitation
Programs were taken by the Housing Authority in July as
prescribed in the Contract for Services inasmuch as the
abovedescribed loans were to serve the same type
homeowner; that maximum use of Indoor Plumbing/
Rehabilitation funding was to be pursued, with City
funding held as back-up in the event that a small amount
of funding was accessed through the Virginia Department
of Housing and Community Development; and DHCD has yet to
159
160
commit to funding any of the applications, and total
requests out number current local funds available.
The City Manager further explained that
rehabilitation of owner-occupied buildings can be
administered relatively simply with HOME funding; that
Down Payment and Closing Cost Assistance funds from CDBG
have been depleted; that the principal aspect of proposed
amendments exchanges $100,000.00 of CDBG funding in the
Critical Home Repair component of the Limited Critical
Repair Program, with $100,000.00 of HOME funding in the
Down Payment and Closing Cost Assistance Program; and
effects of proposed amendments to the CDBG Statement of
Objectives and to the Contract for Services with the
Roanoke Redevelopment and Housing Authority include:
renew and simplify the Down Payment
and Closing Cost Assistance Program
by using CDBG funds instead of HOME
funds which have more restrictive
regulations;
provide more HOME funds for
rehabilitation of owner-occupied
homes via Critical Home Repair and
Owner-Occupied Rehabilitation
activities which practically have
been merged;
limit use of unused Critical Home
Repair funds for Quick Response
Emergencies activities; and
make technical clarifications of
program guidelines of Operation
Paintbrush regarding eligibility of
vinyl siding and painting of trim
and roofs.
The City Manager recommended that Council authorize
amendments to the Community Development Block Grant
Statement of Objectives and the Contract for Services
with the Roanoke Redevelopment and Housing Authority to
provide for:
transfer of $100,000.00 CDBG funds from the
Critical Home Repair component of the Limited
Critical Repair Program to Down Payment and
Closing Cost Assistance Program;
transfer of $100,000.00 HOME funds from Down
Payment and Closing Cost Assistance to Owner-
Occupied Rehabilitation, and authorize use of
an additional $100,000.00 of HOME funds in the
161
ACTION:
ACTION:
Owner-Occupied Rehabilitation Program, the
combined $200,000.00 of HOME funds to
subsidize funding received from the Virginia
Department of Housing and Community
Development through the Indoor
Plumbing/Rehabilitation Program; and
technical clarifications to Operation
Paintbrush guidelines regarding siding, trim
and roof paint.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31236-110992) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 233.)
Mr. Harvey moved the adoption of Ordinance No.
31236-110992. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
Mr. White offered the following resolution:
(#31237-110992) A RESOLUTION authorizing an
amendment to Fiscal Year 1992-93 Community Development
Block Grant Program Statement of Objectives to reflect
the transfer of certain project funds, to authorize the
use of other project funds, and to make technical
clarifications to the Operation Paintbrush guidelines
(For full text of Resolution, see Resolution Book No. 54,
page 234.)
Mr. White moved the adoption of Resolution No.
31237-110992. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
162
ACTION:
ACTION:
Mr. McCadden offered the following resolution:
(#31238-110992) A RESOLUTION authorizing execution
of Am~endment No. ! to the contract with the Roanoke
Redevelopment and Housing Authority to reflect the
transfer of certain project funds, to authorize the use
of other projects, and to make technical clarifications
to the Operation Paintbrush guidelines.
(For full text of Resolution, see Resolution Book No. 54,
page 235.)
Mr. McCadden moved the adoption of Resolution No.
31238-110992. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers .... 7.
NAYS: None 0.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
attention to three requests for Executive Sessions to
discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; a
personnel matter being the performance of a specific
public officer; and a personnel matter being the
compensation of a specific public officer.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
163
.!
ACTION:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers .... 7.
NAYS: None 0.
COUNCIL: A communication from Vice-Mayor Beverly T.
Fitzpatrick, Jr., requesting that Council meet in
Executive Session to discuss a personnel matter being the
performance of a specific public officer, pursuant to
Section 2.1-344 (A)(I), Code of Virginia (1950), as
amended; and to discuss a personnel matter being the
compensation of a specific public officer, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Vice-Mayor to convene in Executive Session to
discuss a personnel matter being the performance of a
specific public officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia, (1950), as amended; and to
discuss a personnel matter being the compensation of a
specific public officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ..... 7.
NAYS: None
AUDIT COMMITTEE: Minutes of a meeting of the Audit
Committee which was held on Monday, November 2, 1992,
with regard to the following matters, was before Council.
External Audits - Roanoke City Public School
Activity Funds
Clerk of Circuit Court Audit
November 18, 1991 Turnover Audit
Report
Internal Audits - Audit Finding Follow-up,
Building Inspection/Permits, and Property
Rental/Lease Billings
External Audit Contract - Request for proposal
164
ACTION:
ACTION:
External Quality Control Review Update
Scheduled next meeting for December 7, 1992
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the minutes be received and
filed. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ---7.
NAYS: None -0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: A request of Mason Powell to address
Council with regard to pay inequities for school
teachers, having previously been placed on the agenda,
the Mayor advised that Mr. Powell had requested that the
matter be deferred until the regular meeting of Council
on Monday, December 14, 1992; whereupon, Mr. Musser moved
that Council concur in the request. The motion was
seconded by Mr. White and unanimously adopted.
TRAFFIC-STREETS AND ALLEYS: A request of Jonathan
Apgar to address Council with regard to installation of
stop signs on Carter Road, S. W., having been previously
placed on the agenda, the Director of Public Works
advised that Mr. Apgar would like to withdraw the item.
COMPLAINTS-PARKS AND RECREATION: Mr. Henry
Craighead, Vice-President, Concerned Citizens for
Justice, appeared before Council in connection with an
alleged unpleasant experience with one of the umpires
during a baseball game on October 1, 1992, at Jackson
Park. He explained that the incident might have occurred
as an act of retaliation against him because he
complained to the Health Department that there were no
toilet facilities in Jackson Park. He also questioned
why the Roanoke City Recreation Department allows umpires
to referee games when they have not successfully
completed examinations requiredbyRoanoke County and The
City of Salem, and Roanoke City pays its umpires at a
higher rate than Roanoke County and Salem.
Mr. Craighead presented copy of a communication from
the City Manager in connection with his concerns, and
advised that he was not totally satisfied with Mr.
Herbert's response.
165
ACTION:
In connection with the question regarding restroom
facilities in Jackson Park, the City Manager advised that
facilities are located in the picnic shelter next to
Buena Vista Recreation Center, and although it is not
extremely convenient for use by persons attending ball
games, it is Just a short walk up the hill. With regard
to testing of umpires, Mr. Herbert advised that City
softball leagues play under guidelines of the Amateur
Softball Association (ASA); that County leagues play
under guidelines of the United States Slow-Pitch Softball
Association (USSSA); that to umpire in a County league,
one must pass the USSSA test and therefore be USSSA
certified; and to umpire in a City League, one must pass
the ASA test, and take part in a six hour State ASA
Umpires' Clinic hosted by ASA staff at the Recreation
Department. With reference to payment of umpires, it was
explained that Roanoke County pays $12.00 per game, while
the City pays slightly less at $11.50 per game.
(See communications on file in the City Clerk's Office.)
Mrs. Bowles moved that the matter be received and
filed. The motion was seconded by Mr. Harvey and
unanimously adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A
communication from the Honorable Donald S. Caldwell,
Commonwealth's Attorney, recommending acceptance of a
Multi-Jurisdictional Special Drug Prosecutor Grant from
the Commonwealth of Virginia, in the amount of
$65,573,00, was before Council.
The Commonwealth's Attorney advised that Federal
funding was made available to the State of Virginia to be
used for the development of several Multi-Jurisdictional
Special Drug Prosecutors state-wide; that the positions
were developed to coordinate prosecutorial efforts among
independent Jurisdictions, reduce fractional and
duplicate prosecutions, enhance the recovery of criminal
assets, utilize federal, state and local resources to
assure maximum prosecutorial effectiveness and to provide
specialized prosecutorial resources to the regional drug
enforcement effort; that the Regional Drug Prosecutor has
been cross designated as an Assistant U. S. Attorney; and
the cross designation permits a state prosecutor to make
use of the Federal Grand Jury.
It was further advised that the Commonwealth's
Attorneys of Craig County, Franklin County, Roanoke
County and the Cities of Roanoke and Salem applied on
October 9, 1987, to the Commonwealth's Attorneys'
Services Council, the State agency responsible for the
166
ACTION:
administration of grant money to fund a Multi-
Jurisdictional Special Drug Prosecutor; and on August 10,
1992, the Commonwealth's Attorneys' Services Council
notified the abovementioned Commonwealth's Attorneys that
this region's Grant Application was renewed, In the
amount of $65,573.00, for the period of September 1, 1992
through June 30, 1993.
The Commonwealth's Attorney recommended that Council
authorize the following:
acceptance of Multi-Jurisdictional Special
Drug Prosecutor Grant No. 92-A7890AD, in the
amount of $6~,573.00, for the period
September 1, 1992 through June 30, 1993;
authorize the City Manager to sign and execute
all appropriate documents to obtain State
Grant No. 92-A7890AD; and
appropriate $65,573.00 for the Multi-
Jurisdictional Special Drug Prosecutor and
establish a corresponding revenue estimate in
accounts to be established by the Director of
Finance in the Grant Fund.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31239-110992) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 236.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31239-110992. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ........ 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following resolution:
(#31240-110992) A RESOLUTION authorizing the
acceptance of a Multi-Jurisdictional Special Drug
Prosecutor Grant made to the City of Roanoke by the
Commonwealth of Virginia and authorizing the acceptance,
ACTION:
ACTION:
execution and filing of all appropriate documents to
obtain such grant.
(For full text of Resolution, see Resolution Book No. 54,
page 237.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31240-110992. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ..... 7.
NAYS: None 0.
The City Manager submitted a written report
concurring in the recommendation of the Commonwealth's
Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mrs. Bowles and
unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-FDETC: The City Manager submitted a
written report advising that the Fifth District
Employment and Training Consortium was awarded additional
Title II-A funds from the Governor's Employment and
Training Department; that the City is the grant recipient
for Consortium funding; and Council must appropriate
funding for all grants received by the Consortium.
It was further advised that the Consortium has
received Notice of Award No. 93-03-02 from the Governor's
Employment and Training Department, which provides for
additional Title II-A funding, in the amount of
$31,356.00, plus an additional $106,827.00 in carry-over
funds, for a total of $138,183.00.
167
ACTION:
ACTION:
The City Manager recommended that Council
appropriate the Consortium's additional funding of
$138,183.00, and increase the revenue estimate by
$138,183.00 in accounts to be established by the Director
of Revenue.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinances
(#31241-110992) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 237.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31241-110992. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
NAYS: None-- 0.
CITY SHERIFF-EQUIPMENT: The City Manager submitted
a written report recommending that Council accept the bid
submitted by Magic City Motor Corporation to lease one
new window van for use by the Sheriff's Department, for
a period of 48 months, at a cost of $475.18 per month.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31242-110992) A RESOLUTION providing for lease of
one new eight passenger window van for use by the
Sheriff's Department, upon certain terms and conditions,
by accepting a bid made to the City for lease of such
vehicle.
(For full text of Resolution, see Resolution Book No. 54,
page 238.)
Mr. Harvey moved the adoption of Resolution No.
31242-110992. The motion was seconded by Mr. Musser and
adopted by the following vote:
169
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, and Musser .... 6.
NAYS: None 0.
(Mayor Bowers abstained from voting.)
DIRECTOR OF FINANCE:
BUDGET-HOUSING\AUTHORITY-PLANNING: The Acting
Director of Finance submitted a written report advising
that by agreement with the City, the Roanoke
Redevelopment and Housing Authority administers a large
segment of the City's Community Development Block Grant
Program; that the Housing Authority receives program
income during the course of its administration of various
projects by renting properties and by receiving
rehabilitation loan repayments from project area
residents; and the Housing Authority is required to
transfer program income to the City and the City is
required to use the income for a community development
activity.
It was further advised that the Housing Authority
has made payment to the City, in the amount of
$19,934.00, through June 30, 1992, for the following
program income:
$11,489.00 in other program income in excess
of income previously appropriated, which is
primarily received from loan repayments; and
$8,445.00 in parking lot rentals in excess of
parking lot income previously allocated.
It was explained that the City has received the
following miscellaneous program income:
$6,275.00 representing interest earned on the
Community Development Block Grant float loan
to Fralin and Waldron for the Market Building
which is in excess of amounts previously
appropriated;
$14,131.00 in loan repayments received by the
City under the Home Purchase Assistance
Program;
$3,282.00 in other program income relating to
Wtlltamson Road Garage rent, loan repayments
from the Northwest Neighborhood Environmental
170
ACTION:
Organization and interest earned on program
income which is the difference between what
was previously appropriated and what was
actually received.
The Acting Director of Finance recommended that
Council appropriate a total of $43,622.00 in program
income received from the Housing Authority and other
resources, as follows:
$19,934.00 to Account No. 035-091-9140-5197,
Unprogrammed CDBG-Roanoke Redevelopment and
Housing Authority;
$6,275.00 to Account No. 035-091-9140-5188,
Unprogrammed CDBG Interest on Float Loan;
$14,131.00 to Account No. 035-091-9140-5192,
Unprogrammed CDBG Home Purchase Assistance
Program loan repayments; and
$3,282.00 to Account No. 035-091-9140-5189,
Unprogrammed CDBG Other Income.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31243-110992) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 239.)
Mr. Musser moved the adoption of Ordinance No.
31243-110992. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ---7.
NAYS: None 0.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
171
ACTION:
EASEMENTS-NORFOLK SOUTHERN CORPORATION-BRIDGES:
Ordinance No. 31234-110992 providing for the dedication
of a 20 foot public utility easement over property of the
City along the westerly side of a City owned lot bearing
Official Tax No. 2014008, a distance of approximately 115
feet, for the purpose of relocating Norfolk and Western
Railway Company primary electrical distribution lines in
connection with construction of the new Fifth Street
Bridge, as more fully set forth in a report of the City
Manager under date of November 2, 1992, having previously
been before the Council for its first reading on Monday,
November 2, 1992, read and adopted on its first reading
and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final
adoption:
(#31234-110992) AN ORDINANCE providing for the
dedication of a public utility easement over property of
the City along the southerly right-of-way line of
Shenandoah Avenue, N. W., as more particularly described
herein, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 231.)
Mrs. Bowles moved the adoption of Ordinance No.
31234-110992. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ..... 7.
NAYS: None
CITY PROPERTY-EASEMENTS-SPECIAL PERMITS-NORFOLK
SOUTHERN CORPORATION: Ordinance No. 31235-110992
authorizing a conditional permit, revocable at the
pleasure of Council, permitting the encroachment of a
corner of a planter wall associated with an office
building owned by Norfolk and Western Railway Company
into the right-of-way of Franklin Road, S. E., upon
certain terms and conditions, as more particularly set
forth in a report of the Water Resources Committee under
date of October 26, 1992, having previously been before
the Council for its first reading on Monday, November 2,
1992, read and adopted on its first reading and laid
over, was again before the body, Mr. Fitzpatrick offering
the following for its second reading and final adoption:
(#31235-110992) AN ORDINANCE authorizing a
conditional permit, revocable at the pleasure of Council,
permitting the encroachment of a corner of a planter wall
172
ACTION:
associated with an office building owned by Norfolk and
Western Railway Company into the right-of-way of Franklin
Road, S. E., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 232.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31235-110992. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers -7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS:
CITY EMPLOYEES-PENSIONS-PAY PLAN: The Mayor advised
that a number of persons had asked to address Council
with regard to the "two-for-one" pension benefit for
Council Members and Council Appointed Officials and the
City's Pay Plan. He stated that Council has worked
diligently to reach a compromise on the "two-for-one"
issue and there are approximately six legal opinions
which establish that the action taken by City Council was
lawful and cannot be rescinded. He further stated that
questions regarding the City's Pay Plan have been
referred to the City Manager for study and
recommendation. He advised that he would recognize each
speaker for a total of five minutes.
Mr. Ralph W. Hayes, 1735 20th Street, N. E.,
expressed concern that he received a two per cent pay
increase while other employees who have worked for the
City for a short time received as much as a 28 per cent
raise. He asked Members of Council if they could live on
$13,000.00 per year, and stated that City workers deserve
more than they are receiving. He added that it was a
"slap in the face" to him personally when Council Members
and City Council Appointees were given the extra pension
benefit, and encouraged Council Members and Appointees to
voluntarily give up the "two-for-one" benefit. He
advised that Council Members were voted into office by
the citizens of Roanoke and they can be voted out of
office by the same citizens.
173
Ms. Diane Poff, 2028 Mt. Vernon Road, S. W., advised
that there is a crisis with regard to the current level
of confidence in City government. She pointed out that
in January 1992, the City Manager addressed the citizens
of Roanoke encouraging them to suggest ways in which
citizens could be more fiscally efficient during these
difficult economic times in order to avoid cutting
valuable services, and the citizens ably responded in
kind with their suggestions. Not long afterward, she
noted that Council approved a ten to 27 per cent pay
raise for Mr. Herbert and certain other top City
officials and then voted to extend the "two-for-one"
pension plan for top officials which was originally
passed in 1989, with a price tag of approximately $4
million. She explained that on August 24, 1992, she
stated that if it is illegal or impossible to repeal the
action of Council, Council Members and all top City
officials were called upon to place in writing that each
personally would refuse to accept the "two-for-one"
pension benefit which would resolve the legal question
and relieve the taxpayers of the fiscal neglect that was
caused by Council through its actions in 1989 and in
1992. She again requested that Council and certain top
City administrators voluntarily give up the "two-for-one"
pension benefit.
Ms. Poff inquired as to the reasons why the legal
opinions on the pension question managed to omit whether
or not Ordinance No. 24915, adopted on November 12, 1979,
is legal, which ordinance takes money from the City
Employees' Retirement Fund and deposits those funds
directly into a privileged few City employees' I.C.M.A.
Tax Deferred Fund while, at the same time, those same
officials receive the most lucrative pension benefits of
any official in the Commonwealth of Virginia. She
pointed out that the ordinance was adopted by Council
without the obvious endorsement of citizens or City
employees.
Ms. Poff stated that Members of Council cannot
continue to sweep present and past problems caused by
this City Government under the rug or behind the door and
think they will go away; that the City cannot move
forward with economic development until mistakes are
amended such as mismanagement of City government,
exemplified and excessive pensions for top officials and
City Council, excessive raises for top officials and
inequitable pay plans for rank and file employees,
improper bidding for City automobiles, improper use of
the City's telephone system, and most importantly, the
appearance of Council Members as setting themselves apart
174
from the people who put them in office and to whom this
City belongs. She advised that the citizens and
employees of the City of Roanoke are watching and waiting
for Council to take the positive road to recovery.
Mr. Robert C. Crawford, Jr., 2431 Stanley Avenue,
S. E., appeared before Council in his capacity as a
private citizen to express concern that Mr. Schlanger was
not dismissed for violating the pub].lc trust as evidenced
by structuring, proposing, and implementing the "two-for-
one" pension benefit, abuse of the City's telephone
credit card privileges, misuse of the responsibilities of
his office by operating a construction business on the
side, and his autocratic style and attitude. He stated
that upon reviewing Council's rationalization regarding
Mr. Schlanger, Council Members as much as stated that Mr.
Schlanger is an indispensable employee of the City,
advising that this is an extremely dangerous attitude
because it abdicates undue power into the wrong hands.
He reminded Council that three years of recession have
ravaged the financial industry leaving thousands of
talented financial men and women out of work and pointed
out that if the City of Roanoke ran an employment
advertisement in the regional edition of the Wall Street
Journal listing the salary, pension benefits and "perks"
of this City's Director of Finance, the City of Roanoke
would be flooded with qualified applicants. He stated
that Council left open the possibility of a full audit of
Mr. Schlanger's department; that Peat Marwick currently
conducts an annual audit which is known as a sampling
audit and represents a hit or miss audit method which is
obviously missing certain pertinent information;
therefor, the City desperately needs the depth and scope
of an independent, internal audit that sets up a system
of checks and balances that includes a risk management
system, thereby providing citizens with accurate,
objective and timely information. He added that the size
and complexity of the City's budget and bureaucracy
demands a business-like, far-reaching audit which is a
must and can serve as a good management tool for Council
that will provide Council with a factual basis for
decisionmaking which would cost in the range of
$35,000.00 to $40,000.00. He stated that if Council
chooses to continue to rely on a sample audit method to
operate this City, he would suggest that there are
citizen groups that would be eager to raise the necessary
funds to not only pay an accounting firm, but to purchase
the necessary information under the Freedom of
Information Act, if such information is not voluntarily
giwen to the auditors. He advised that such an audit is
the only way to preempt future surprises and the only way
to achieve a responsive, open, accountable City
government, and requested that Council act quickly.
175
The Reverend Charles T. Green, 1731 Hanover Avenue,
N. W., commended Mr. McCadden and Mr. Fitzpatrick for
voluntarily declining to accept the "two-for-one" pension
benefit. He stated that in 1989, if the Roanoke City and
Roanoke County consolidation effort had been successful,
top officials were to receive the "two-for-one" pension
benefit, however, after consolidation was defeated, the
"two-for-one" benefit should have been rescinded. He
pointed out that the benefit was approved in private and
not in a public session of Council. He explained that he
is retired and earns Social Security, advising that at a
minimum, the Federal government required him to pay his
entire Social Security because as a minister, he was
considered to be self-employed; that when he retired, he
did not receive "two-for-one" pension benefits, that he
worked a full 40 hour plus week, and it is wrong for
Council to receive such lucrative benefits. He stated
that the citizens of the City of Roanoke want Council to
rescind the "two-for-one" pension benefit in its
entirety.
Mr. Shirley E. Clemons, 1206 15th Street, S. E.,
advised that City employees and citizens will not put the
"two-for-one" pension benefit behind them unless it is
given up in its entirety, in writing. He commended Mr.
Fitzpatrick and Mr. McCadden for voluntarily giving up
their benefits, advising that this is the only way that
City Council and the City Manager will ever regain the
confidence of citizens and City employees. He stated
that he will pay for these special benefits through his
tax dollars until the day he dies, and future generations
will continue to pay for the benefits as well.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
advised that a disruption occurs in the City when people
no longer believe their elected officials. She stated
that as in most campaigns, Council Members sought the
votes of citizens and pledged to serve the people, now
the people are asking for that service. She inquired as
to whether or not the "two-for-one" pension benefit was
in effect when Council Members took office, and if it was
not, why do Council Members continue to hold on to the
benefit. She advised that everything that is legal is
not always moral and may not be right, and asked that
Council live up to its pledges and make the people proud
to be citizens of the City of Roanoke.
Mr. W. H. Highfield, Jr., 4213 Belle Aire Circle,
S. W., referred to an ordinance which provided for an
irrevocable choice for the City Manager and the six
Council Appointed Officials to remain in the City
Employees' Retirement System, or to receive a Deferred
Compensation Annuity, and another ordinance which
authorized the Director of Finance to remove funds from
176
ACTION=
the Employees' Retirement System in order to fund the
initial payment for the deferred annuity. He stated that
Mr. Schlanger's qualifications have been praised by the
Members of Council, however, he would like to point out
that Mr. Schlanger gave Council incorrect information on
which it based the "two-for-one" pension benefit, he is
a City Council Appointed Official engaging in a
construction business who did not obtain the necessary
City permits or pay the necessary fees, and he illegally
charged long distance personal telephone calls to the
City.
Mr. Robert Gravely, 1506 Aspen Street, N. W.,
advised that the law should Justify the needs of all
people, and if the law allows Council to vote certain
benefits for itself and a select group of others, all
City employees should receive the same benefits.
At 9:00 p.m., the Mayor declared the meeting in
recess.
At 10:13 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ....... 7.
NAYS: None 0.
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The
Mayor advised that the terms of Lenora V. Williams, Judy
A. Bower, Melvin C. Anderson, Jr., Louis E. Ellis, Jan P.
Wilkins, Florine Thornhill and Charles W. Hancock as
members of the Roanoke Neighborhood Partnership Steering
Committee will expire on November 11, 1992, and called
for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of
Lenora V. Williams, Judy A. Bower, Melvin C. Anderson,
Jr., Louis E. Ellis, Jan P. Wllkins, Florine Thornhill
and Charles W. Hancock.
177
ACTION:
ACTION:
ACTION:
There being no further nominations, Ms. Bower, Ms.
Williams, and Messrs. Anderson and Ellis were reelected
for terms of three years, each, ending November 8, 1995;
and Ms. Thornhill, and Messrs. Hancock and Wilkins were
reelected for terms of one year, each, ending November
10, 1993, as members of the Roanoke Neighborhood
Partnership Steering Committee, by the following vote:
FOR MS. BOWER, MS. THORNHILL, MS. WILLIAMS, MESSRS.
ANDERSON, ELLIS, HANCOCK AND WILKINS: Council Members
White, Bowles, Fitzpatrick, Harvey, McCadden, Musser and
Mayor Bowers ...... 7.
COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised
that there is a vacancy on the Advisory Board of Human
Development created by expiration of the term of
Michael W. Ridenhour, and called for nominations to fill
the vacancy.
Mrs. Bowles placed in nomination the name of
Michael W. Ridenhour.
There being no further nominations, Mr. Ridenhour
was reelected as a member of the Advisory Board of Human
Development for a term of four years, ending November 30,
1996, by the following vote:
FOR MR. RIDENHOUR: Council Members White, Bowles,
Fitzpatrick, Harvey, McCadden, Musser and Mayor
Bowers .......... 7.
COMMITTEES-YOUTH: The Mayor advised that there is
a vacancy on the Youth Services Citizen Board created by
the resignation of Timothy M. Lewis, and called for
nominations to fill the vacancy.
Ms. Bowles placed in nomination the name of
George A. McLean, III.
There being no further nominations, Mr. McLean was
elected as a member of the Youth Services Citizen Board,
for a term ending May 31, 1994, by the following vote:
FOR MR. MCLEAN: Council Members White, Bowles,
Fitzpatrick, Harvey, McCadden, Musser and Mayor
Bowers ......... 7.
178
There being no further business, the Mayor declared the
meeting adjourned at 10:15 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
179
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
November 16, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, $. W., City of Roanoke, on Monday, November
1992, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, ~egular Meetinqs~ of Section
2-1§, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT= Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., Delvis O. McCadden, Howard E. Musser, William
White, Sr., and Mayor David A. Bowers 6.
ABSENT: Council Member James G. Harvey, II--- 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dtbltng, Jr., City Attorney; James D. Grisso, Acting Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Art
Hearne, Pastor, Lakeside Baptist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT-VETERANS AFFAIRS-COUNCIL:
Council Member Bowles presented the Mayor with a plague
which was presented to the City of Roanoke in recognition
of outstanding contributions to the Virginia Veterans
Care Center on November 11, 1992.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss two matters of actual litigation, both being
civil rights suits filed against the City in the United
States District Court.
MINUTES: Minutes of the organizational meeting of
Council held on Monday, July 6, 1992; the special meeting
of Council held on Monday, July 13, 1992; and the regular
180
ACTION:
ACTION:
meetings of Council held on Monday, July 13 and Monday,
July 27, 1992, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. McCadden moved that the reading of the minutes
be dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles,
McCadden, Musser, White and Mayor Bowers
Fitzpatrick,
6.
NAYS: None 0.
(Council Member Harvey was absent.)
LEGISLATION: A joint communication from Mayor
David A. Bowers and Council Member William White, Sr.,
with regard to establishment of a "Team Roanoke" task
force to make contacts in Washington, D. C., in order
that the City of Roanoke may benefit from new legislation
and domestic funding expected to come about as a result
of the election of President-Elect Bill Clinton, was
before Council.
It was advised that there is every indication that
the new President, in conjunction with a majority of the
Congress, will refocus America's attention on the
problems of cities, and it is important for Roanoke to be
poised and ready to benefit from this tremendous change;
and the City Administration should be properly informed
and prepared to apply for every possible Federal program
for which the City might be a likely candidate.
Mayor Bowers and Mr. White pointed out that the size
of Roanoke alone makes it a wonderful location for
Federal administration projects, accordingly, it is their
desire that Council direct the City Administration to
formulate a plan to be implemented by a response team
made up of existing members of the City's staff gearing
up to make contacts on behalf of the City of Roanoke in
Washington, D. C., so that the City will benefit from
which is expected to be 100 historic days of new
legislation and domestic funding.
Mr. McCadden moved that the communication be
referred to the Legislative Affairs Committee for
appropriate follow-up. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
181
AYES: Council Members Bowles,
McCadden, Musser, White and Mayor Bowers
Fitzpatrick,
6.
NAYS: None-
e
(Council Member Harvey was absent.)
ELECTIONS: A communication from Alton B. Prillaman,
Secretary, Roanoke City Electoral Board, transmitting an
Abstract of Votes cast in the General Election and
Special Election held in the City of Roanoke on Tuesday,
November 3, 1992, was before Council.
"ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, for Electors for President and Vice President
of the United States at the November 3, 1992 General
Election.
THE TABULATION FOR EACH ELECTOR ENTERED IN THIS
ELECTION IS AS FOLLOWS:
Democratic Party for Electors for Bill Clinton, President
and A1 Gore, Vice President
Mary C. Ayers
Carl U. Eggleston
Franklin Jay "FJ" Pepper
Leo F. "Buddy" Sharpe,
Jr.
Henry E. Howell, Jr.
B. L. "Bob" Johnson
Rhea F. Moore, Jr.
Aubrey C. Sullivan
Jeffrey E. Kelso
James B. Walthall
Raymond B. Everett
Sam S. Willis
James M. Scott
Total Votes Received 17~794
Republican Party for Electors for George Bush, President
and Dan Quayle, Vice President
Phyllis L. Allen
Gary C. Byler
Margaret M. Nexsen
Armistead Jones
Samuel L. Ranson
Frances Vaughan Garland
James C. Wheat III
Belden Hill Bell
V. Ray Hancock
Steven D. Whitener
Barboura G. Raesley
William Henry Hurd
Thomastna Jordan
Total Votes Received 13~443
182
Independent for Electors for Lyndon H. LaRouche,
President and James L. Bevel, Vice President
Lorene Marable-Safavlnia
Alain E. Lareau, Jr.
Donnetter Lisa Hatgood
Loretta F. Chandler
Alton L. Corpening, Jr.
Gerald H. Clark
George E. Holtzner
Ellis William Jones, Jr.
Lura F. Sexton
Nancy B. Spannaus
Deborah L. Joy
Christine M. Ghandhl
Robert A. Robinson, Jr.
Jr, ,
Total Votes Received 115
Independent for Electors for Lenora B. Fulani, President
and Maria Elizabeth Munoz, Vice President
John W. Young, Jr.
Ernestine W. Pay,on
Margaret E. Ellis
Jerome A. Bass
Emma S. Burns
Roger K. Hammack
Keith N. Johnson, Sr.
Raymond W. Kerstetter
Ronald Russell Hurt
Emmitt Earl Fletcher
Mary Ellen Doran-Quine
Lisa Boone-NwaJei
Rogenia Davis
Total Votes Received 47
Independent for Electors for H. Ross Perot, President and
James B. Stockdale, Vice President
Ruth J. Herrink
Robert G. Hofheimer, Jr.
Calude L. Gilmer
James Wendell Bagley
Virginia Hall Stanley
Donald M. Terp
Larry D. Friedlan
Krista L. Pool
Norman K. Cook
David N. Henderson
Karen K. Overocker
Rebecca Z. Seely
Quentin R. Roos
Total Votes Received 3~753
183
Libertarian Party for Electors for Andre Marrou,
President and Nancy Lord, Vice President
Robert Louis Stermer III
Henry T. Thrasher
James B. Turner
Russell S. Walsh
Michael L. Tabony
David W. Garland
Lorin Marc Montoni
Richard E. Sincere, Jr.
Thomas Caceci
Burton R. Langhenry
John S. Buckley
David A. Horne
Paul E. Gagnon
Total Votes Received 99
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on November 3, 1992,
do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for Electors for
President and Vice President of the United States.
Given under our hands this 4th day of November, 1992.
A copy teste:
Electoral Board
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prlllaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke, Virginia,
at the November 3, 1992 General Election, for:
MEMBER
HOUSE OF REPRESENTATIVES
6th District
Names of Candidates
Total Votes
Received
(In Figures)
Stephen Alan Musselwhite (D)
Robert W. "Bob" Goodlatte (R)
Evelyn Bethel
Sharon Carroll
Donald Duck
17,366
16,144
3
1
!
184
John Edwards
Robert Firebaugh
John Fishwick
Bev Fitzpatrick
Todd R. Knickle
Jim Olin
A1 Stewart
Noel C. Taylor
Matt Womack
9
2
24
1
1
3
1
2
1
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on November 3, 1992,
do hereby certify that the above is a true and correct
Abstract of Votes cast of said election for Member of the
House of Representatives in the Congress of the United
States.
Given under our hands this 4th day of November, 1992.
A copy teste:
Electoral Board
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prlllaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke, Virginia,
at the November 3, 1992 Special Election, for:
PROPOSED CONSTITUTIONAL AMENDMENT
QUESTION: Shall the Constitution of Virginia
be amended to create a Revenue Stabilization
Fund? The Fund would accumulate money in
years when revenues grow at above-average
rates and could be appropriated in years when
revenues fall short of forecasts.
Total Votes
Received
(In Figures)
YES 22,670
NO 6,753
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on November 3, 1992,
do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for an against
the proposed constitutional amendment.
185
Given under our hands this 4th day of November, 1992.
A copy teste:
Electoral Board
[SEAL]
S/Melba C. Ptrkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke, Virginia,
at the November 3, 1992 Special Election, for:
PROPOSED BOND ISSUES
QUESTION 1: Shall Chapters 781 and 789, Acts
of the General Assembly of 1992, authorizing
the issuance of general obligation bonds of
the Commonwealth of Virginia in the maximum
amount of $95,365,000 pursuant to Article X,
Section 9(b) of the Constitution of Virginia
for capital projects for PARK AND RECREATIONAL
FACILITIES, take effect?
Total Votes
Received
(In Figures)
YES 23,214
NO 7,668
QUESTION 2: Shall Chapters 849 and 892, Acts
of the General Assembly of 1992, authorizing
the issuance of general obligation bonds of
the Commonwealth of Virginia in the maximum
amount of $45,173,000 pursuant to Article X,
Section 9(b) of the Constitution of Virginia
for capital projects for MENTAL HEALTH
FACILITIES, take effect?
Total Votes
Received
(In Figures)
YES 21,476
NO 6,776
QUESTION 3: Shall Chapters 894 and 896, Acts
of the General Assembly of 1992, authorizing
the issuance of general obligation bonds of
the Commonwealth of Virginia in the maximum
amount of $472,406,000 pursuant to Article X,
Section 9 (b) of the Constitution of Virginia
for capital projects for
INSTITUTIONS, take effect?
EDUCATIONAL
Total Votes
Received
(In Figures)
YES 22,193
No 5,834
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on November 3, 1992,
do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for and against
the proposed bond issues.
Given under our hands this 4th day of November, 1992.
A copy teste:
Electoral Board
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board
ACTION:
ACTION:
Mr. McCadden moved that the communication and
Abstract of Votes be received and filed. The motion was
seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowles,
McCadden, Musser, White and Mayor Bowers
Fitzpatrick,
6.
NAYS: None 0.
(Council Member Harvey was absent.)
COUNCIL: A report of the City Attorney requesting
that Council meet in Executive Session to discuss two
matters of actual litigation, both being civil rights
suits filed against the City in the United States
District Court, pursuant to Section 2.1-344 (A)(7), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden moved that Council concur in the
request of the City Attorney to convene in Executive
Session to discuss two matters of actual litigation, both
being civil rights suits filed against the City in the
United States District Court, pursuant to Section 2.1-344
187
(A)(7), Code of Virginia, (1950), as amended. The motion.
was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick,
McCadden, Musser, White and Mayor Bowers ..... 6.
NAYS: None 0.
(Council Member Harvey was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
YOUTH: Mr. Thomas H. Miller, Chairperson, Youth
Services Citizen Board, having previously placed a
request on the agenda to address Council with regard to
the Board's Youth Needs Assessment, Sic-Year Plan and
related matters, the Mayor advised that Mr. Miller had
requested that the item be deferred until the regular
meeting of Council on Monday, November 23, 1992.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
PARKS AND PLAYGROUNDS-YOUTH: Mr. George C. Snead,
Jr., Director of Public Safety, advised that during the
spring of 1992, the City commenced a planning process to
deal specifically with the needs of youth in the City of
Roanoke for the summer of 1992, with the goal of making
the summer experience for every young person in the City
as rich and as meaningful as possible. He stated that a
large number of citizens were involved, that a number of
planning sessions were held; that resources available to
young people during the upcoming summer season were
identified; that the process attempted to identify
program gaps that young people saw as needs for the
upcoming summer and to prioritize those needs, and the
top four needs were selected to be addressed. He
explained that the working group was divided into four
teams and each team was assigned one of the top priority
issues, and the teams developed a strategy to deal with
issues for the current summer and began plans to
implement the strategy during the July August September
timeframe. He stated that in late June, Council was
briefed on the team reports and two weeks later, a more
188
detailed report was submitted on proposed plans, along
with a requested appropriation to cover expenses of the
four focus programs. He called upon team leaders to
present briefings on their respective priority issues.
Ms. Mary D. Hackley reported on the Summer Youth
Role Model Program, advising that during the youth summit
process, the Youth Role Model Committee was created to
address the need to provide positive role models for
youth which included citizens, educators, civic leaders
and business people. She stated that the committee
established a concept to provide a list of role models
who were willing to §ire their personal time and
resources to work with civic youth groups, day care
camps, school classes and church youth groups as speakers
on a variety of topics such as self-esteem, character
building, choosing a career path, study skills, goal
setting, female and male responsibilities, public
speaking and drug and alcohol prevention, etc., advising
that over 41 different topics were contained in the role
model listing, with 50 participants including teachers,
attorneys, accountants, laborers, coaches, business
owners, insurance representatives, ministers, City
administrators, and high school and college students.
She advised that a listing was mailed to over 125
organizations and civic groups working with youth to use
at their discretion; that to date, services of over 43
per cent of the individuals contacted are being utilized;
that the Upward Bound Program at Roanoke College has
obtained the service of eight of the listed participants
as mentors for one hour per week for one year, and the
West End Association is also utilizing the services of
persons on the list. She explained that the next phase
will be to expand the list and its distribution to other
individuals interested in helping youth and to explore
the concept of mentorship whereby youngsters in need of
nurturing may establish a rapport with one individual,
advising that this concept is already in place with the
Roanoke City Public Schools and the coordination of
efforts will being about continuity and strength.
Ms. Marion V. Crenshaw and Ms. Rebecca Fitzgerald
addressed the topic of Job Internship and Volunteer
Opportunities, advising that the program was designed to
provide youth with employment opportunities, as well as
internship and volunteer placement, and the program was
established for youth and operated by youth. Ms.
Crenshaw stated that young people were offered an
opportunity to conduct a Job orientation, to receive
instruction on how to apply for a Job, and how to
interview for a Job, while stressing the importance of
appearance, how to complete a Job application, and most
importantly, good work ethics were instilled. She stated
that linkage was developed between the private sector,
189
the Virginia Employment Commission and the Job Training
Partnership Act. She pointed out that the overall
success of the program was due to the enthusiasm of the
young people to participate, advising that with an early
start, planning and coordination, there can be a positive
impact on employment opportunities, not Just for the
summer, but also on a year round basis, and it is felt
that if the City's young people have an opportunity to
work, there will be an economic impact on the total
community because young people will spend their earnings
in the City of Roanoke.
Mr. Earl W. Saunders presented a briefing on
recreational activities, advising that the Stars Come Out
At Night Program was developed in the summer of 1991 and
repeated again this year in Fallon Park, Washington Park,
Villa Heights Park and Norwich Park, which continued for
eight weeks beginning in late June from 7:00 p.m., until
10:00 p.m., Monday through Friday. He advised that the
program was designed to meet the evening recreation needs
of young people ranging in age from 13 to 17, and more
than 400 youth registered. He called attention to
another program known as After Dark, which was conducted
on week-end evenings from 9:00 p.m. until midnight at
various sites throughout the City, advising that the last
three dances of the summer season attracted over 300
participants each. He explained that following the
football season, it is planned to continue the After Dark
Program on a monthly basis in order to stay in touch with
young people throughout the school year and in an effort
to pick up the summer 1993 program where the 1992 program
ended.
Mr. Owen M. Grogan advised that for the first time
in many years, a Summer Playground Program was
established which offered recreational activities for
youth, ages 7 through 12, at Hurt Park, Jackson Park,
Eureka Park and Highland Park. He stated that although
the program only ran for three weeks, it was successful
and received support from neighborhood associations, the
Police and Fire Departments, churches, the Roanoke
Redevelopment and Housing Authority and various
businesses. He explained that over 80 children
registered for the first day and by the end of the
program, the number had increased to 282. He stated that
it is hoped to continue the program next year with an
earlier start thereby promoting the program through the
schools before summer vacation.
Mr. Snead summarized that the above reports
represent the City's first significant step in a learning
process; that it is a process that the City never wants
to be totally satisfied with, thereby aspiring to do more
190
ACTION:
each year; and during the upcoming budget process,
certain recommendations will be made for Council's
consideration.
Mr. Fitzpatrick moved that the oral reports be
received and filed. The motion was seconded by Mr.
Musser and adopted.
HOUSING/AUTHORITY-GRANTS: Mr. H. Dan Pollock,
Housing Development Coordinator, presented a briefing on
the Comprehensive Housing Affordabllity Strategy (CHAS)
Draft Performance Report from Federal fiscal year 1992
and Draft Annual Plan for Federal fiscal year 1993. He
advised that the Cranston-Gonzalez National Affordable
Housing Act of 1990 requires that Community Development
Block Grant (CDBG) community such as Roanoke have a
Comprehensive Housing Affordability Strategy and prepare
a Performance Report and an Annual Plan each year by
December 31 in order to continue receiving Federal
funding; and Council was informed of this requirement by
correspondence dated September 18, 1992, which indicated
that the City Planning Commission would coordinate
development of the Annual Plan.
It was explained that draft versions of the
Performance Report and the Annual Plan were developed and
made available for a 30 day review period as required by
the U. S. Department of Housing and Urban Development;
that the City Planning Commission approved the draft
Annual Plan at its meeting on November 4, 1992, and
recommended the Plan to Council for review and approval;
and the draft CHAS Performance Report describes the
performance of Roanoke City and other entities within the
Jurisdiction in providing affordable housing to meet the
needs of very low income, low income and moderate income
families, including the needs of homeless individuals and
families.
Mr. Pollock advised that the draft 1993 Annual Plan
is based on the CHAS five year strategy and an assessment
of the first year's performance; that the second year
Annual Plan recommends that emphasis should continue to
be focused on coordination of resources, homeownership
opportunities, development and maintenance of rental
properties, regulatory/public policy issues, homeless
persons, special populations, discussion of related
actions in connection with public policies, institutional
structure, public housing improvements and public housing
resident Initiatives for self-sufficiency, and the Plan
contains estimates of the financial resources which are
expected to be available.
191
In conclusion, the City Manager advised that the
1992 C~AS Performance Report and the 1993 Annual Plan
meet the regulatory requirements of HUD; that the
Performance Report discusses the progress made in 1992;
and the 1993 Annual Plan is responsive to the stated
concerns of citizens and offers City direction as it
continues to address housing needs. It was further
advised that the draft CHAS Performance Report and draft
CHAS Annual Plan are transmitted for Council's review;
and on November 23, 1992, Council will be requested to
authorize the City Manager to submit the 1992 C~AS
Performance Report and the 1993 CHAS Annual Plan to the
Richmond office of the Department of Housing and Urban
Development for its review and approval.
(See City Manager's report and CHAS Draft Annual
Performance Report for the period October 1, 1991 -
September 30, 1992 and CHAS Fiscal Year 1993 Annual Plan
for the period October 1, 1992 - September 30, 1993, on
file in the City Clerk's Office.)
ITEMS RECOMMENDED FOR ACTION:
BUDGET-INSURANCE-CITY EMPLOYEES-BLUE CROSS/BLUE
SHIELD: The City Manager submitted a written report
advising that the present Comprehensive Health Insurance
contract with Blue Cross and Blue Shield of Virginia
expires on December 31, 1992; that the City currently
contributes 90 per cent towards the "employee only" rate;
that specifications were developed to obtain competitive
proposals for the City's Group Health Plan; that a
request for proposals was completed which included a one
year contract for the existing health insurance plan;
that advertisement of the Request for Proposals was
published In the Roanoke Times & World News on
September 27, 1992; that 31 agents/brokers were mailed
Requests for Proposals on September 23, 1992; and six
responses for health insurance were received and publicly
opened at 2:00 p.m., on October 14, 1992, in the Office
of Manager of General Services.
It was further advised that medical costs have
escalated in recent years causing a direct increase in
health insurance premiums; and claims experience and
expenses through December 31, 1991 totalled
$3,406,893.00, and are projected to be $4,363,000.00
through December 31, 1992, representing a 28 per cent
increase.
The City Manager explained that a Health Benefits
Awareness Committee played an active role in reviewing
the City's proposed options; that upon adoption of rates,
the Committee will play an important role in
communicating plan information to employees in all
192
departments; that a bid committee was appointed by the
City Manager to evaluate the current situation, review
proposals and make recommendations; that initial
evaluations were made by the Bid Committee and the
Department of General Services on the proposals; that the
Bid Committee held interviews with three companies to
evaluate their proposals; that the City Attorney advised,
in accordance with the City's Procurement Code, that
negotiations are permissible under Section 23.1-6 for the
procurement of Health Insurance Services; that based on
interviews and evaluation of proposals by the Bid
Committee, negotiations were conducted with the company
determined to be best qualified, Blue Cross and Blue
Shield of Virginia; and Blue Cross and Blue Shield of
Virginia was selected because of its competitive rates,
and a network of participating physicians and hospitals,
as well as electronic claims processing.
The City Manager recommended that Council approve
award of a contract for health care insurance coverage to
Blue Cross and Blue Shield of Virginia for a period of
one year, beginning January 1, 1993, and ending
December 31, 1993. He explained that the City's
contribution will continue to be 90 per cent of the
"employee only," premium ccst; however, due to the
financial impact of the increase, current rates will
remain in effect for employees through June, 1993; and
the employee's share of new rates will be deducted
beginning July 14, 1993, which means that the City will
absorb the increased share of health care plan costs from
December 1992 through June 1993 that would normally be
passed on to employees beginning with their first payroll
check in December.
The City Manager advised that monthly rates for the
new contract are as follows:
Employee $205.36
Employee/Child 295.76
Family 480.62
The City Manager further advised that employee cost
after City contribution, effective July 14, 1993, will be
as follows:
Additional
Proposed Proposed Bi-Weekly
Monthly Bi-Weekly Cost
Employee $ 20.36 $ 10.18 $ 2.21
Employee/Child 110.76 55.38 12.20
Family 295.62 147.81 32.64
193
ACTION:
The City Manager pointed out that the present City
contribution toward health insurance is $144.00 per
participating employee per month; that the new
contribution based on "employee only" cost is $185.00;
that health insurance premiums for 1993 are projected at
$7,166,118.00 based on current enrollment data which
includes a reserve account to be held by the City to
provide for any claims cost that would be incurred within
24 months of the termination of the contract; that
continuation of the 90 per cent contribution toward the
"employee only" rate will require additional funding of
$129,527.00; and in order to keep existing employee
contributions stable through June 30, 1993, additional
funding of $223,895.00 will be required.
The City Manager further recommended that he be
authorized to execute the contract, in a form to be
approved by the City Attorney, with the understanding
that Blue Cross and Blue Shield of Virginia will provide
him with said contract for execution no later than
December 15, 1992; and authorize appropriation of
$353,422.00 for benefit health insurance premiums for
City employees.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31244-111692) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 241.)
Mrs. Bowles moved the adoption of Ordinance No.
31244-111692. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles,
McCadden, Musser, White and Mayor Bowers
Fitzpatrick,
6.
NAYS: None---
(Council Member Harvey was absent.)
Mrs. Bowles offered the following resolution:
194
ACTION:
(#31245-111692) A RESOLUTION authorizing the
execution of a contract and related documents with Blue
Cross and Blue Shield of Virginia to provide group
hospitalization and health insurance for employees of the
City and members of their families.
(For full text of Resolution, see Resolution Book No. 54,
page 242.)
Mrs. Bowles moved the adoption of Resolution No.
31245-111692. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles,
McCadden, Musser, White and Mayor Bowers
Fitzpatrick,
NAYS: None 0.
(Council Member Harvey was absent.)
REPORTS OF COMMITTEES:
BUDGET-WATER RESOURCES: Council Member William
White, Sr., Chairperson of a committee appointed by the
Mayor to tabulate bids received for the Carvins Cove
Filter Plant Improvements - Phase I, presented a written
report on behalf of the committee, recommending that
Council take the following actions:
Award a lump sum contract to Crowder
Construction Company of Charlotte, North
Carolina, to include bid items 1, 2, 3, and 5,
in accordance with contract documents as
prepared by Mattern & Craig, Inc., Engineers,
and their consultants, Alvord, Burdick &
Howson, Engineers, in the amount of
$12,682,280.00, with 730 consecutive calendar
days for completion of the work.
authorize the Director of Finance to transfer
the following funding from Account Number 002-
056-8366-9189 to a new account to be entitled,
Carvins Cove Filter Plant Improvements -
Phase I:
Contract Amount
Project Contingency
$12,682,280.00
887t720.00
Project Total
$13,570,000.00
Reject all other bids received by the City.
195
ACTION:
ACTION:
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31246-111692) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 243.)
Mr. White moved the adoption of Ordinance No. 31246-
111692. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles,
McCadden, Musser, White and Mayor Bowers
NAYS: None
Fitzpatrick,
®
(Council Member Harvey was absent.)
Mr. White offered the following emergency ordinance:
(#31247-111692) AN ORDINANCE accepting the bid of
Crowder Construction Company, of Charlotte, North
Carolina, for Carvins Cove Filter Plant Improvements -
Phase I, Bid Items 1, 2, 3, and 5, upon certain terms and
conditions, and awarding a contract therefor; authorizing
the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 244.)
Mr. White moved the adoption of Ordinance No. 31247-
111692. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Bowles,
McCadden, Musser, White and Mayor Bowers
NAYS: None
Fitzpatrick,
6.
e
(Council Member Harvey was absent.)
UNFINISHED BUSINESS: None.
196
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
REFUSE COLLECTION-WATER RESOURCES: Council Member
White referred to an article that appeared in the
Saturday, November 14, 1992, edition of the Roanoke Times
& World-News, entitled "Tarmac Foes Get A Boost", and
requested that the City Manager provide clarification to
the Water Resources Committee with regard to remarks made
by Delegate C. Richard Cranwell in which he informed
members of the Valley Concerned Citizens that they have
an "ace-in-hole" to use in their fight to stop hazardous
waste burning in Botetourt County, and that ace is the
Carvins Cove Reservoir.
OTHER HEARINGS OF CITIZENS: None.
At 3:35 p.m., the Mayor declared the meeting in
recess.
At 4:30 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles,
McCadden, Musser, White and Mayor Bowers
Fitzpatrick,
6.
NAYS: None. 0.
(Council Member Harvey was absent.)
DIRECTOR OF FINANCE-MUNICIPAL AUDITOR-CITY
GOVERNMENT: Council Member White offered the following
resolution authorizing the Municipal Auditor to make
investigations as to City affairs and for that purpose to
subpoena witnesses, administer oaths and compel the
production of books and papers, effective immediately and
expiring on February 1, 1993:
197
ACTION=
(#31248-111692) A RESOLUTION authorizing the
Municipal Auditor to made investigations as to City
affairs and for that purpose to subpoena witnesses,
administer oaths and compel the production of books and
papers; and providing for an effective date and an
expiration date with respect to such delegation.
(For full text of Resolution, see Resolution Book 54,
page 245.)
Mr. White moved the adoption of Resolution No.
31248-111692. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles,
McCadden, Musser, White and Mayor Bowers
Fitzpatrick,
6.
NAYS: None 0.
(Council Member Harvey was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 4:35 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
198
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
November 23, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, November 23,
1992, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedg~e, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr.,
James G. Harvey, II, Delvts O. McCadden, Howard E. Musser, William
White, Sr., Elizabeth T. Bowles and Mayor David A. Bowers 7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dlbling, Jr., City Attorney; James D. Grisso, Acting Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Larry E.
Sprouse, Pastor, Melrose Baptist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT-COUNCIL: Mr. Raymond A.
Carr, President, Kiwanis Club, presented the Members of
Council and certain Council Appointees with a Christmas
tree ornament, which is a limited edition of The Hotel
Roanoke.
On behalf of the Members of Council and Council
Appointees, the Mayor expressed appreciation.
ROANOKE VALLEY RESOURCE AUTHORITY-REFUSE COLLECTION:
Kit B. Kiser, Director of Utilities and Operations,
invited the Members of Council to attend the
groundbreaking ceremony at the Roanoke Valley Transfer
Station site on Thursday, December 3, 1992, at 11:30 a.m.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
attention to two requests for Executive Sessions to
199
Ii
discuss uacancies on various authorities, boards,
commissions, and committees appointed by Council; and a
personnel matter being the performance of a specific
public officer.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
ACTION:
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers ..... 6.
NAYS: None. 0.
(Vice-Mayor Fitzpatrick was out of the Council Chamber.)
TRAFFIC: A report of the City Manager advising that
a briefing on the City's Traffic Engineering Division was
presented to Council on Monday, September 28, 1992; at
which time Members of Council requested that reviews be
made of certain intersections and roadways that regularly
experience traffic congestion; and such locations were
identified by Council Members as follows, was before the
body.
Elm Avenue, S. E., from Jefferson Street to
Interstate 581;
Orange Avenue, N. E., from Williamson Road to
East Corporate limits;
Richard Avenue, N. E., at Gus Nicks Boulevard;
and
Twenty-fourth Street, N. W., from Shenandoah
Avenue to Melrose Avenue.
2OO
ACTION:
ACTION:
The City Manager presented detailed information in
connection with the above referenced locations in
response to Council's directive.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers -6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was out of the Council Chamber.)
Mr. Harvey advised that he would like to reserve the
right to reintroduce the report for discussion at a
future meeting.
STREETS AND ALLEYS-TRAFFIC-HOUSING/AUTHORITY-HOTEL
ROANOKE CONFERENCE-HENRY STREET REVIVAL COMMITTEE: A
report of the City Manager recommending that Council
schedule a public hearing for Wednesday, December 16,
1992, at 7:30 p.m., in the Roanoke Civic Center
Exhibition Hall, with regard to the matter of realignment
of Wells Avenue, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the
recommendation of the City Manager. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was out of the Council Chamber.)
COMMITTEES-ROANOKE CiViC CENTER: A report of
qualification of James W. Stephens as a member of the
Roanoke Civic Center Commission, for a term ending
September 30, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
201
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was out of the Council Chamber.)
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A
report of qualification of Lenora V. Williams as a member
of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 8, 1995, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was out of the Council Chamber.)
COMMITTEES-ARCHITECTURALREVIEW BOARD: A report of
qualification of Timothy L. Jamieson as a member of the
Architectural Review Board, for a term ending October 1,
1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was out of the Council Chamber.)
202
ACTION:
ACTION:
COMMITTEES-TRAFFIC: A report of qualification of
Harold S. Zimmerman as a member of the City of Roanoke
Transportation Safety Commission, for a term ending
October 31, 1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was out of the Council Chamber.)
COUNCIL: A Joint communication of Vice-Mayor
Fitzpatrick and Council Member White requesting that
Council meet in Executive Session to discuss a personnel
matter, being the performance of a specific public
officer, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
to convene in Executive Session to discuss a personnel
matter, being the performance of a specific public
officer, pursuant to Section 2.1-344 (A)(1), Code of
Virginia, (1950), as amended. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was out of the Council Chamber.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
AIRPORT: Ms. Jacqueline L. Shuck, Executive
Director, Roanoke Regional Airport, advised that
approximately two years ago, the Roanoke Regional Airport
Commission conducted a two day retreat during which time
a mission statement and various goals and objectives were
formulated. She explained that one of the main
objectives was to have the Airport Commission and
2O3
ACTION:
ACTION:
Commission staff become a two-way communications link
with the community to provide air service information and
to generally create a market for a public relations plan.
She stated that part of the sub-goal was to market the
airport and its services to the general public and
airport users (commercial aviation, cargo operators,
general aviation and passengers). She pointed out that
one of the tools toward attaining this goal is a slide
show which will be presented to Council, and it is
planned to present the slide show to any number of civic
organizations in order to familiarize citizens of the
Roanoke Valley with the Roanoke Regional Airport.
Mrs. Bowles moved that the remarks of Ms. Shuck be
received and filed. The motion was seconded by Mr.
McCadden and unanimously adopted.
YOUTH: Mr. Thomas H. Miller, Chairperson, Youth
Services Citizen Board, presented the Youth Services
Citizen Board and Office on Youth Executive Summary of
the Six-Year Plan.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the report be received and
filed with appreciation. The motion was seconded by Mr.
Musser and unanimously adopted.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
ZONING-PLANNING-BUILDINGS/BUILDING DEPARTMENT: The
City Manager submitted a written report with regard to a
proposed reorganization of the Office of Community
Planning, Building Department and Engineering Department,
advising that authority and responsibility for
administration and enforcement of the City's land
development regulations (zoning, subdivision, etc.) is
currently fragmented between the Office of Community
Planning, Building Department and Engineering Department,
resulting in undefined lines of authority and, at times,
improper communication; that City staff in the above
mentioned departments responsible for development review,
approval and enforcement activities are physically
separated in the Municipal Building creating additional
impediments to effective communication and confusion and
204
inconvenience for developers and citizens; and confusion
and misunderstandings can negatively impact the City's
ability to retain and attract development which is
essential to the stability and growth of the tax base.
It was further advised that the City Administration
has studied ways to improve upon the delivery of'services
to the development community which will facilitate review
of development proposals while maintaining appropriate
controls; and the following plan of reorganization has
been developed:
Transfer of responsibility for zoning
administration from the Building Department to the
Office of Community Planning.
Recommendations
Transfer four positions from the Building
Department to Office of Community Planning.
Acting Assistant Zoning Administrator
Secretary to Board of Zoning Appeals
Zoning Inspectors
Create an independent Zoning Administrator's
position.
Improve the efficiency of the City's development
review process/create, as far as practical, a "one-
stop" shop permitting process.
Recommendations
Combine, as far as practical, all of the
City's development review staff into a single
organizational unit.
Physically house two positions from the
Engineering Department in Office of Community
Planning.
Civil Engineer I
Construction Inspector
Create a Development Review Coordinator's
position to serve as the prime contact and
coordinator of the City's development review
process.
Replace the current "agent" system with a
"project management" based system.
205
Be
Physically relocate the Planning Department to
the first floor of the Municipal Building as
close to the Building Department as practical.
Clarify responsibilities within the Office of
Community Planning and enhance the Department's
capabilities to carry out long-range planning.
ACTION:
Recommendation
Establish separate Planning, Zoning, and
Development Review Divisions within the Office
of Community Planning.
The City Manager recommended that Council concur in
the proposed reorganization plan, and authorize the use
of funds for said renovation as abovedescribed.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that Council concur in the
recommendation of the City Manager. The motion was
seconded by Mr. Harvey and unanimously adopted.
INSURANCE-CITY EMPLOYEES: The City Manager
submitted a written report advising that the present two
year dental insurance contract with Delta Dental Plan of
Virginia expires on December 31, 1992; that the City
currently contributes $8.00 per month toward the
"employee only" rate for dental insurance; that
utilization of the dental plan during the past two years
has been favorable when comparing premiums versus claims
paid; and Delta Dental Plan of Virginia has agreed to a
new two year contract which would keep rates the same
during 1993 and would raise the rates by two per cent
during 1994.
The City Manager recommended that Council approve
award of a contract for dental insurance to Delta Dental
Plan of Virginia for a period of two years, beginning
January 1, 1993, and ending December 31, 1994, for the
following coverage and rates, and under the terms and
conditions contained in the City's present contract w:{th
such firm, except as otherwise noted in the report.
206
1993
Total City
Cost Contributi~
Employee $ 9.32 $8.00
Employee/Dependent 16.00 8.00
Family 27.26 8.00
ACTION:
1994
Employee $ 9.52 $8.16
Employee/Dependent 16.32 8.16
Family 27.82 8.16
The City Manager further recommended that he be
authorized to execute the contract in a form to be
approved by the City Attorney, and with the understanding
that Delta Dental Plan of Virginia will provide the City
Manager with said contract for execution no later than
December 15, 1992.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31249-112392) A RESOLUTION authorizing the
execution of a contract and related documents with Delta
Dental Plan of Virginia to provide group dental insurance
for employees of the City and members of their families.
(For full text of Resolution, see Resolution Book No. 54,
page 246.)
Mrs. Bowles moved the adoption of Resolution No.
31249-112392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick,
Musser, White, Bowles and Mayor Bowers
McCadden,
6.
NAYS: None 0.
(Council Member Harvey was out of the Council Chamber.)
CITY EMPLOYEES: The City Manager submitted a
written report recommending that December 24 and 31 be
observed as holidays for certain City employees who are
not otherwise performing necessary and essential services
for this year only; and that those employees who perfoz~n
necessary and essential services who cannot for reasons
207
ACTION:
of public health, safety or welfare be excused from work
on December 24 and 31 be accorded equivalent time off.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31250-112392) A RESOLUTION establishing Thursday,
December 24, 1992, and Thursday, December 31, 1992, as
City holidays for certain employees for this calendar
year only.
(For full text of Resolution, see Resolution Book No. 54,
page 247.)
Mr. Musser moved the adoption of Resolution No.
31250-112392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick,
Musser, White, Bowles and Mayor Bowers
McCadden,
6.
NAYS: None 0.
(Council Member Harvey was out of the Council Chamber.)
BUDGET-GRANTS-YOUTH-YOUTH CORRECTIONAL FACILITIES:
The City Manager submitted a written report advising that
the Crisis Intervention Center (Sanctuary) previously
operated with a waiting list for services; that a United
States Department of Health and Human Services Runaway
Homeless Youth Grant provided outreach services impacting
105 families since January 1990; that the waiting list
has been virtually reduced from as many as 20 to an
average of six or less depending on the rate of crisis
calls; and currently three full-time staff positions
provide outpatient and early intervention services for
diversion from court involvement or entering into
residential and out-of-family placement.
It was further advised that Program Grant No.
03CY0269/04 has been received for a fourth year, in the
amount of $93,160.00, for the City's Crisis Intervention
Center Outreach Program, for the period September 1, 1992
thzough August 31, 1993; that from the total award,
$85,000.00 is to be used for personnel costs and
operating budget; that the remaining balance of $8,160.00
is a one time supplement award for training of Outreach
staff and temporary wages for secretarial services for
ten hours per week at a rate of $8.33 per hour through
August 31, 1993; that the total grant project period is
renewed for three years, September 1, 1992 through
August 31, 1995; and City's in-kind contribution of
208
ACTION:
ACTION:
$9,316.00 will be in applying management time, clinical
supervision, and office space (support services only, no
direct in-kind dollars from the City).
The City Manager recommended that he be authorized
to accept the United States Department of Health and
Human Services' Runaway and Homeless Youth Program Grant
No. 03CY0269/04; and appropriate $93,160.00 of Federal
grant funds to certain revenue and expenditure accounts
to be established in the Grant Fund by the Director of
Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31251-112392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 248.)
Mr. Musser moved the adoption of Ordinance No.
31251-112392. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None, 0.
Mr. Musser offered the following resolution:
(#31252-112392) A RESOLUTION authorizing the
acceptance of a certain grant offer made to the City of
Roanoke by the United States Department of Health and
Human Services; and authorizing the execution of the
City's acceptance of the aforesaid grant offer on behalf
of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 54,
page 249.)
Mr. Musser moved the adoption of Resolution No.
31252-112392. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None, 0.
209
SEWERS AND STORM DRAINS-CONSULTANTS REPORTS-WATER
RESOURCES: The City Manager submitted a written report
advising that a special consent order was issued by the
State Water Control Board in June 1992 requiring the City
to submit an approvable list of proposed infiltration
inflow (I/I) corrective action projects no later than
December 1, 1992, and to submit a report quantifying the
success of the projects in reducing I/I to the Sewage
Treatment Plant no later than July 31, 1993; that Council
approved engineering services contracts with two
consulting engineering firms to implement the sewershed
evaluation plan submitted to the State Water Control
Board on September 9, 1992; and approval was given at the
regular meeting of Council on Monday, November 2, 1992.
The City Manager further advised that the flow
metering stations have been set and are currently
collecting data at the outfall of six of a total of 15
sewersheds within the City's boundary, which represent a
combined area of some 20 square miles; that
Jurisdictional coordination has been established with
Roanoke County, Botetourt County, City of Salem and Town
of Vlnton for their permanent flow metering stations
discharging to the City sewer system; that project
identification to reduce I/I to the treatment plant is
proceeding as quickly as rainfall events throughout the
sewersheds will allow; and the following corrective
action projects are listed in terms of total reaches
under investigation:
Murray Run Sewershed:
From Colonial Avenue to Brambleton Avenue along the
Murray Run main line; and from Brambleton Avenue to
Mount Vernon Road and Fishburn Park;
Shaffers Crossinq Sewershed:
From Roanoke River to Baker Street through
railroad underpass; and from Melrose Avenue to
Aspen Street along Forest Park Boulevard;
Mud Lick Sewershed:
Upper reaches from Norwood Street to the
County line; and lower reaches from Clara
Avenue to Mud Lick interceptor;
Peters Creek Sewershed:
Upper reaches on Peters Creek interceptor;
210
ACTION=
Projects unidentified at this time:
Additional flow monitoring and sewershed
evaluations will likely identify a Three Year
Projected Program for project identification,
design and construction which will require
expenditures of approximately $850,000.00 to
$900,000.00 per year. All projects will
require specific Council approval prior to
awarding bids.
With regard to a plan of action, the City Manager
proposed to advise the State Water Control Board of the
seven projects abovelisted which are estimated to cost
$894,450.00, and as flow monitoring continues, other
projects of higher priority for I/I reduction will more
than likely be identified; that corrective adtion
projects currently identified above will be used in the
City's submittal to the State Water Control Board for the
December 1, 1992 deadline, along with the intent to
identify other projects over the three year period to
reduce I/I flows; that substitution projects for the ones
originally submitted may be request in accordance with
Paragraph 4 of Appendix A of the Consent Order; and
funding for the projects will come from the Sewer Fund as
a part of annual expenses.
The City Manager recommended that Council concur in
City staff submitting to the State Water Control Board,
in accordance with the Special Consent Order, a list of
projects and a plan of action for correcting I/I projects
costing approximately $2.5 to $3 million over a three
year period, subject to identified funding sources, and
selection of consultants for design of the projects will
be accomplished by standard procedures for procuring
professional services.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the
recommendation of the City Manager. The motion was
seconded by Mr. Fitzpatrick and unanimously adopted.
HOUSING/AUTHORITY-CENTURY STATION PARKING GARAGE-
TOWER PARKING GARAGE: The City Manager submitted a
written report advising that an Agreement between the
Roanoke Redevelopment and Housing Authority and Crestar
Bank caused the Housing Authority to construct the 409
space Century Station Parking Garage; that the Agreement
· provided, in part, that Crestar Bank would obtain a
parking easement for up to 266 parking spaces within the
garage in consideration of Crestar Bank releasing an
identical parking easement elsewhere; and the Lease
211
Agreement between the Housing Authority and the City made
the City responsible for operating the Century Station
Parking Garage in accordance with terms and conditions of
the Agreement between the Housing Authority and Crestar
Bank, which terms and conditions permit monthly and/or
daily parking at the Century Station Parking Garage.
It was further advised that the Greater Roanoke
Transit Company (GRTC), which is the company selected by
the City to operate the garage on its behalf, recommended
that all of the available spaces in the Century Station
Parking Garage be leased on a monthly basis, and that the
first two hours of parking at the Tower Parking Garage be
provided free on Saturdays until 5:00 p.m.; and Downtown
Roanoke, Inc., has campaigned for the first two hours of
parking at the Century Station Parking Garage to be
provided free on Saturdays until 5:00 p.m.
It was explained that current parking rates for the
Market Square Parking Garage and the Tower Parking Garage
were established by Council in May 1992; and the
following identical rates were established for the
Century Station Parking Garage by the Housing Authority:
Century Stationt Market Square
and Tower Parkinq Garaqes
Current Rates
Monthly (unreserved)
Monthly (reserved)
One hour
Two hours
Three hours
Four hours
Five hours or longer
Enter between 5:00 p.m. and
9:00 p.m. Monday - Saturday
Enter after 9:00 p.m. Monday -
Saturday
Sunday
$ 55.00
65.00
.75
1.50
2.25
3.25
4.25
1.50
Free
Free
The City Manager pointed out that the exception to
current rates is that the Greater Roanoke Transit
Company, operator of the Market Square Parking Garage, in
1984 authorized the first two hours of parking in the
Market Square Parking Garage until 5:00 p.m., on
Saturdays to be free of charge, with the normal rate
structure to be applied to all parking thereafter; that
opening date for the Century Station Parking Garage is
November 30, 1992; and Council's approval is needed
regarding use of Century Station Parking Garage and/or
rates to be charged at the Tower Parking Garage.
212
ACTION:
The City Manager recommended that Council authorize
the first two hours of parking in the Tower Parking
Garage to be provided free of charge until 5:00 p.m. on
Saturdays, with the normal rate structure to be applied
to all parking thereafter; and daily parking in the
Century Station Parking Garage on Saturdays, contingent
upon the Housing Authority agreeing that the first two
hours of such parking will be provided free of charge
until 5:00 p.m.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(931253-112392) A RESOLUTION providing for an
adjustment to the hours of operation of the Century
Station Parking Garage and an adjustment to the fees
charged at the Tower Parking Garage and the Century
Station Parking Garage.
(For full text of Resolution, see Resolution Book No. 54,
page 250.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31253-112392. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report advising that the Cranston-
Gonzalez National Affordable Housing Act of 1990 requires
that Community Development Block Grant (CDBG) entitlement
communities, such as Roanoke, that have a Comprehensive
Housing Affordability Strategy (CHAS) prepare a
Performance Report and an Annual Plan each year by
December 31, in order to continue receiving Federal
funding; that Council was informed of the requirement by
letter dated September 18, 1992; and the City Planning
Commission's Community Development Subcommittee conducted
a public hearing on September 23, 1992, to solicit public
comments on housing needs of the City and to obtain
opinions on the effectiveness of programs and activities
currently underway.
It was further advised that draft versions of the
Performance Report and the Annual Plan were developed and
made available for a 30-day public review period as
required by U. S. Department of Housing and Urban
Development (HUD) regulations; that the CHAS Performance
213
Report describes the 1992 performance of Roanoke City and
other entities within the Jurisdiction in providing
affordable housing to meet the needs of very low-income,
low-income and moderate-income families, including the
needs of homeless individuals and families; and the 1993
Annual Plan is based on the CHA$ five year strategy and
an assessment of the first year's performance.
The City Manager pointed out that the 1993 Annual
Plan recommends that emphasis should continue to be
focused on the following:
coordination of housing assistance resources;
homeownership opportunities;
improvement and
properties;
maintenance of rental
elimination of regulatory/public policy issues
which limit housing choice, and perpetuate
substandard housing;
shelter and support for homeless persons;
supportive services and accessible housing to
special populations including elderly, persons
with disabilities, persons with alcohol or
other drug addictions, and persons diagnosed
with AIDS or related diseases;
the plan discusses other actions in relation
to public policies, institutional structure,
public housing improvements, and public
housing resident initiatives for self-
sufficiency; and
the plan contains estimates on the financial
resources that are expected to be available.
It was explained that the Planning Commission
approved the draft Annual Plan at its regular meeting on
November 4, 1992, and recommended the Plan to Council for
its review and approval; and Council received a formal
briefing on the draft Performance Report for Federal
fiscal year 1992 and the draft Annual Plan for Federal
fiscal year 1993 on November 16, 1992.
The City Manager recommended that Council approve
and adopt the Comprehensive Housing Affordability
Strategy (CHAS) 1993 Annual Plan; and that he be
authorized to submit said Annual Plan to the United
214
ACTION:
ACTION:
States Department of Housing and Urban Development for
review and approval.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31254-112392) A RESOLUTION approving and adopting
a Comprehensive Housing Affordability Strategy, dated
November 23, 1992, for the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 54,
page 251.)
Mr. Musser moved the adoption of Resolution No.
31254-112392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
PUBLIC WORKS-SNOWREMOVAL-HOUSING/AUTHORITY-SCHOOLS:
The City Manager submitted a written report recommending
that Council accept the bid submitted by AKZO Salt, Inc.,
to furnish and deliver 1000 tons, more or less, of
deicing salt, at a cost of $42.80 per ton; and reject all
other bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31255-112392) A RESOLUTION accepting the bid of
AKZO Salt, Inc., made to the City for furnishing and
delivering deicing salt; and rejecting all other bids
made to the City.
(For full text of Resolution, see Resolution Book No. 54,
page 252.)
Mr. Harvey moved the adoption of Resolution No.
31255-112392. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
NAYS: None 0.
215
Council Member White requested that the City Manager
confer with City School and Roanoke Redevelopment and
Housing Authority officials to determine the feasibility
of Jointly purchasing deicing salt, or selling deicing
salt at cost to the above entities as a cost saving
measure.
BUDGET-FRANCHISES-CONSULTANTS REPORTS-ROANOKE GAS
COMPANY: The City Manager submitted a written report
advising that the current 20 year franchise with Roanoke
Gas Company expires in August, 1993; that issues
involving franchise fee, asset acquisition and term need
to be negotiated; that expert data collection,
evaluations and advice are desired from a consultant
experienced in utility rate making who also has
experience with State and Federal regulatory commissions;
that The Columbia Group, Inc., has assisted the City,
acting with other localities through the Virginia
Municipal League and the Virginia Association of
Counties, in electrical rate negotiations in the past;
and a proposal, dated November 6, 1992, has been
submitted for consulting services by The Columbia Group,
Inc., to assist the City, for a fee "not-to-exceed"
$50,000.00 plus travel and out-of-pocket expenses.
The City Manager recommended that Council authorize
the employment of The Columbia Group, Inc., at a total
fee not-to-exceed $60,000.00, to assist in negotiations
of matters relating to the Roanoke Gas Company franchise,
with the form of contract to be subject to approval by
the City Attorney, and with funding as follows:
appropriation of $43,500.00 unanticipated
income to Account No. 001-056-1250-2010, Fees
for Professional Services, with a
corresponding increase in the revenue estimate
for Sale of Surplus Property, Account No. 001-
020-1234-0861; and
transfer of $16,500.00 from Account No. 001-
002-9410-2199, General Fund Contingency, to
Account No. 001-056-1250-2010, Fees for
Professional Services.
(For full tezt, see repoz't on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
216
ACTION:
ACTION:
ACTION:
(#31256-112392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 253.)
Mr. Musser moved the adoption of Ordinance No.
31256-112392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
Mr. Musser offered the following resolution:
(#31257-112392) A RESOLUTION authorizing the City
Manager to enter into a contract with The Columbia Group,
Inc., to provide professional services to the City in
connection with the application of Roanoke Gas Company
for franchise renewal.
(For full text of Resolution, see Resolution Book No. 54,
page 254.)
Mr. Musser moved the adoption of Resolution No.
31257-112392. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None O.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Acting Director of
Finance submitted the Financial Report for the City of
Roanoke for the month of October, 1992.
(For full text, see Financial Report on file in the City
Clerk's Office.)
Mr. White moved that the Financial Report be
received and filed. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
Based on preparation of Financial Statements to
date, Mr. White inquired if there are positive or
negative trends which have been noticed in the tax
collection area that could have an impact on the City's
financial ability for the remainder of the fiscal year.
217
Also, he inquired if there are new accounts in the
Financial Statement which have not been previously
included.
The Acting Director of Finance advised that revenue
collections are in line with the budget, and the City is
generally where it should be at this point inasmuch as
most revenues are collected during the last six months of
the fiscal year. Relative to new accounts, he stated
that the Transportation Fund is a comparative statement,
the H~tel Roanoke Cormnission statement was presented for
the first time in October, and the City's Nursing Home
Account has been included in Financial Statements since
July 1992.
BUDGET-CITY EMPLOYEES: The Acting Director of
Finance submitted a written report in connection with the
following adjustments in salary budgets relative to
fiscal year 1992-93 first quarter personnel lapse:
"GENERAL FUND:
Total Budgeted Personnel Lapse
($875,000.00)
First Quarter Personnel
Lapse Reduction
First Quarter Revenue
Adjustment
Net First Quarter
Reduction
Personnel Lapse Balance Remaining
After First Quarter
$241,801.00
(49,716.00)
192,085.00
($682,915.00)
INTERNAL SERVICE FUND:
Total Budgeted Personnel Lapse ($100,000.00)
First Quarter Lapse Reduction 37,000.00
Personnel Lapse Balance Remaining
After First Quarter ($63,000.00)"
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
218
ACTION:
ACTION:
(#31258-112392) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Internal
Service Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 255.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31258-112392. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
REPORTS OF COMMITTEES:
PARKS AND RECREATION-FIRE DEPARTMENT-DISABLED
PERSONS: Council Member William White, Sr., Chairperson
of a committee appointed by the Mayor to tabulate bids
received for certain construction relating to handicapped
compliance at the Southeast Action Forum building (Old
Fire Station No. 6), and the Villa Heights Recreation
Center, presented a written report on behalf of the
committee, recommending that the two bids received by the
City be rejected and that the project be readvertised for
bids inasmuch as the amount of the low bid exceeds
available funding by 53 per cent.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31259-112392) A RESOLUTION rejecting all bids for
handicapped compliance modifications at Southeast Action
Forum and Villa Heights Recreation Center.
(For full text of Resolution, see Resolution Book No. 54,
page 259.)
Mr. White moved the adoption of Resolution No.
31259-112392. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
NAYS: None 0.
219
ACTION
ACTION:
ACTION:
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
LEGISLATION: Vice-Mayor Fitzpatrick moved that a
recommendation under date of November 11, 1992, from
Mayor Bowers and Council Member White with regard to the
City of Roanoke benefiting from new legislation and
domestic funding which is expected to come about as a
result of the election of President-Elect Bill Clinton,
be referred to the City Manager for discussion with the
Legislative Affairs Committee. The motion was seconded
by Mr. White and unanimously adopted.
COUNCIL: Vice-Mayor Fitzpatrick moved that the
matter of cancelling the regular meetings of City Council
to be held on Monday, December 21 and Monday, December 28
be referred to the City Manager to determine if there are
items that need to be addressed by Council, and to the
City Attorney for preparation of the proper measure. The
motion was seconded by Mr. Harvey and unanimously
adopted.
OTHER HEARINGS OF CITIZENS: None.
At 3:03 p.m., the Mayor declared the meeting in
recess.
At 5:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened w~re heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
220
ACTION:
ACTION:
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The
Mayor advised that the three year terms of Steven D.
Goodwin, Keith A. Johnson and Richard S. Wlnstead, and
the one year terms of Barbara N. Duerk and Ronald H.
Miller as members of the Roanoke Neighborhood Partnership
Steering Committee expired on November 11, 1992, and
called for nominations to fill the vacancies.
Mr. White placed in nomination the names of
Barbara N. Duerk, Steven D. Goodwin, Keith A. Johnson,
Richard S. Wlnstead and Ronald H. Miller.
There being no further nominations, Ms. Duerk and
Mr. Miller were reelected for terms of one year, each,
ending November 10, 1993; and Messrs. Goodwin, Johnson
and Winstead were reelected for terms of three years,
each, ending November 8, 1995, as members of the Roanoke
Neighborhood Partnership Steering Committee, by the
following vote:
FOR MS. DUERK AND MESSRS. MILLER, GOODWIN, JOHNSON
AND WINSTEAD: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised
that the four year term of Harold F. Dill as a member of
the Advisory Board of Human Development will expire on
November 30, 1992, and called for nominations to fill the
vacancy.
Mr. White placed in nomination the name of Harold F.
Dill.
There being no further nominations, Mr. Dill was
reelected as a member of the Advisory Board of Human
Development, for a term of four years, ending
November 30, 1996, by the following vote:
FOR MR. DILL: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers -7.
COMMITTEES-PENSIONS: The Mayor advised that there is
a vacancy on the Board of Trustees, City of Roanoke
Pension Plan, created by the ineligibility of Ronald E.
Carlisle to serve another term inasmuch as the position
rotates between a member of the Fire Department and a
member of the Police Department, and called for
nominations to fill the vacancy.
Mr. White placed in nomination
William S. Trent, Jr.
the name of
221
There being no further nominations, Mr. Trent was
elected as a member of the Board of Trustees, City of
Roanoke Pension Plan, for a term ending June 30, 1994, by
the following vote:
ACTION:
FOR MR. TRENT: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
ACTION:
Inasmuch as Mr. Trent is not a resident of the City
of Roanoke, Mr. White moved that the City residency
requirement for persons serving on authorities, boards,
commissions and committees appointed by the Council be
waived in this specific instance. The motion was
seconded by Mr. Harvey and unanimously adopted.
ACTION:
DIRECTOR OF FINANCE-INSURANCE-PENSIONS-MUNICIPAL
AUDITOR: Mr. White moved that Joel M. Schlanger,
Director of Finance, be placed on administrative leave
with pay from his City duties, effective immediately upon
expiration of his current 30 day suspension and
terminating at the close of business on December 7, 1992,
such administrative leave is not disciplinary in nature
and is intended solely to allow additional time required
for completion of the administrative investigation being
conducted by the Municipal Auditor and now in progress;
and there shall be no lapse in Mr. Schlanger's health,
life or disability insurance coverages during such
administrative leave. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
There being no further business, the Mayor declared the
meeting adjourned at 6:00 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
222
ROANOKE CITY COUNCIL --- ROANOKE CITY SCHOOL BOARD
December 7, 1992
10:30 a.m.
A Joint meeting of the Roanoke City Council and the Roanoke
City School Board was called to order on Monday, December 7, 1992,
at 10:30 a.m., in the City Council's Conference Room, fourth floor '
of the Municipal Building, 215 Church Avenue, S. W., with Mayor
David A. Bowers and Chairman Finn D. Pincus presiding.
CITY COUNCIL MEMBERS PRESENT: Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Delvis O. McCadden,
Howard E. Musser, William White, Sr., and Mayor David A.
Bowers .... 7.
SCHOOL BOARD MEMBERS PRESENT: Marllyn C. Curtis, Charles W.
Day, C. Nelson Harris, M. Wendy O'Neil, Clubert G. Poff, James M.
Turner, Jr., and Chairman Finn D. Pincus -7.
OTHERS PRESENT: W. Robert Herbert, City Manager; James D.
Grisso, Acting Director of Finance; Mary F. Parker, City Clerk;
Frank P. Tota, Jr., Superintendent of Schools; Richard L. Kelley,
Executive for Business Affairs and Clerk of the Board; Norman J.
Michaels, Assistant Superintendent for Instruction; Mary D.
Hackley, Director of Elementary Education; William R. Hackley,
Assistant Superintendent for Administration; and June S. Nolley,
Secretary to the Superintendent and Deputy Clerk of the School
Board.
The meeting was opened with a prayer by Council Member Bowles.
The Mayor welcomed School Board Members to the
meeting. He pointed out that this was the first meeting
with the School Board in his capacity as Mayor, advising
that over the years, some friction has existed between
the School Board and City Council; however, it is
important for the two bodies to serve as advocates, to
state positions, to take the lead on issues, and to bring
issues to the attention of Council which are important to
the School Board, as well as to the City's school
children. He called attention to the importance of
having a good line of communication between the two
bodies, advising that the Commonwealth of Virginia is
unique inasmuch as it is the only state out of the 50
states with appointed school boards. He added that the
reason for the joint meeting was to follow-up on a
conversation with Chairman Pincus some time ago, in which
they shared the opinion that it was important to keep the
lines of communication open between the two bodies on a
223
regular basis. On behalf of the Members of City Council,
the Mayor expressed appreciation for the services of the
Roanoke City School Board for the betterment of the
community.
COMMENTS BY THE CHAIRMAN AND MEMBERS OF THE SCHOOL BOARD:
Chairman Pincus expressed appreciation for the
opportunity to meet with Council to discuss matters of
mutual interest and concern.
Reverend Harris advised that some time ago, the
General Assembly completed certain studies involving
several issues in the area of education and general needs
of school age children, and as a result of legislative
studies, a recommendation surfaced that each school
division should have in place a recommended ratio of one
full-time equivalent nurse to every 1,000 students in
said school division. He stated that Roanoke City has an
enrollment of approximately 12,000 students with only
three equivalent full-time nurses in its school division;
therefor, the issue has been of interest over the past
few years in the City school system. He pointed out that
not only were legislative studies conducted, but other
studies were performed by private/public agencies, such
as Total Action Against Poverty which also recommended
that there be a certain ratio.
Reverend Harris explained that he offered a motion
at a recent meeting that the Roanoke City School Board go
on record declaring its intent that commencing with the
1993-94 fiscal year, the City will begin phasing in full-
time equivalent positions of four nurses per year for the
next three years so that by the 1995-96 school year,
Roanoke City will have approximately 12 full-time
equivalent nursing positions funded in its school budget.
He advised that the motion was adopted by the School
Board at its meeting on November 17, 1992, whereby the
Board declared its intent to fund the positions out of
the regular school budget and not as a supplemental
budget request of City Council, although the Board would
appreciate an increase in its budget to cover the cost of
approximately $125,000.00 for every four positions, or
$125,000.00 each year for the next three years. He
pointed out that the School Board is of the opinion that
the positions are a priority, and if the Board receives
224
an increase in funds, the funds will be used for that
purpose, however, if additional funds are not
forthcoming, the Board officially went on record that it
will make adjustments in the school budget in order to
fund the positions.
Mr. Day addressed the matter of reinforcing the need
for State funding for the local school district. He
expressed appreciation for the cooperation of City
Council over the years.
Mrs. Curtis advised that one of the biggest Jobs of
the School Board this year will be its search for a new
Suporintendent and called attention to the excellent Job
that Dr. Tota has done for the Roanoke City schools
during his tenure as Superintendent. She stated that it
is important that the School Board and City Council enjoy
a good rapport which will help to attract a good
Superintendent, while at the same time insure quality
education. She advised that in the spring of 1993, the
School Board will host a special activity honoring Dr.
Tota for his service, and Council Members will be
requested to participate.
Mr. Turner advised of discussions with Delegate
C. Richard Cranwell who does not believe that there will
be a lot of additional money coming to the City in 1993
from the State, which will bring additional pressure on
demands of the School Board, and if the School Board
listens to those demands, it will request more operating
funds from City Council. He reiterated that the
initiative with regard to additional nurses is important,
however, more than four nurses each year is needed to
take care of the special needs of students, and it is an
issue that will not receive funding from the State. He
added that the Roanoke Education Association (REA) has
discussed the need for higher pay for teachers, and the
initiative by the REA on behalf of teachers will be to
push for a 15 per cent pay increase. He stated that
Roanoke City needs to be competitive with Roanoke County
and the City of Salem because the City is losing some of
its best teachers to other localities.
Ms. O'Neil also expressed concern about teacher
raises and that Roanoke City should be competitive in its
salary structure with Roanoke County and the City of
Salem because the City is losing some of its best
teachers to other localities.
225
II
Mr. Poff advised that in its goals and objectives,
the School Board discussed the matter of placing more
emphasis on vocational education. He added that the
Board requested the Vocational Education Department to
conduct a study on what is currently being done in
vocational technical education and how to remove the
stigma associated with being a vocational technical
student, as well as how to place more emphasis on the
program. He pointed out that a recommendation will be
presented to the School Board in January, 1993.
Chairman Pincus addressed the matter of the School
Superintendent search. He presented a time schedule
which was compiled in mid-August, advising that the Board
is on schedule and has met its established deadlines. He
stated that in August, the Board decided to use the
services of the Virginia School Board Association; that
in September, two public hearings were held, at which
time citizens advised of a variety of. qualities and
qualifications that they desire in the next
Superintendent; viz: a person who will support and
continue the Magnet School Program, a person who will
support site-based management, an innovator, a person who
will continue to support special education and vocational
and technical education, and a person who will act as a
salesperson to motivate business in the community in
order to remain involved in the school system.
Chairman Pincus stated that in October, 1992, with
input from the public hearings, the Board completed the
application and 249 applications were mailed to a variety
of qualified applicants across the Commonwealth of
Virginia and to other parts of the country, as well as to
a variety of newsletters, publications, and other
organizations. He further stated that in late October,-
he was informed by Thomas J. McLernon, Director of
Administrative Services for the Virginia School Boards
Association, that he had received requests for
applications from persons from approximately 15 states,
including Alaska and California and some of the requests
were from very qualified individuals. He presented a
sample of the application, advising that the deadline is
December 15; and in January, the School Board will review
the applications and determine the finalists for
interviews, and in mid-February 1993, the new
Superintendent will be selected.
Mrs. Curtis advised that the School Board has been
told unofficially that there is a great deal of interest
on the part of applicants to relocate to Virginia, and
that the City of Roanoke has a good reputation.
226
Mr. Musser asked if the School Board is
contemplating any outside assistance in reviewing the
applications; whereupon, Chairman Pincus advised that the
Board has hired Thomas J. McLernon with the Virginia
School Boards Association who will work with the Board in
its selection process in order to reach a consensus on
the finalists for interviews. He explained that Mr.
McLernon has been involved in approximately 40
Superintendent searches in the last three years and has
helped to place approximately one-third of the school
Superintendents across the State of Virginia.
Mr. Day pointed out that the Board has also had
dialogue with former School Board Members who were
actively involved in Dr. Tota's selection.
Vice-Mayor Fitzpatrick expressed appreciation as a
parent of two young people in the Roanoke City Schools
for the work of the School Board. He addressed the
matter of job opportunities in the Roanoke Valley,
advising that the bottom line, as a result of surveys
which have been conducted through the Economic
Development Commission, is that the majority of employers
state that training is needed for more uniform technical
related jobs. He stated that this type of response calls
for a new approach at the staff level, the School Board
level, and the Economic Development Commission level in
order to determine what young people need to learn, and
there should be a better way to prepare young people for
the Jobs that will potentially be created in the Roanoke
Valley.
In reference to legislative affairs, Mr. Fitzpatrick
stated that he spends a considerable amount of time
attending sessions of the General Assembly in January of
each year lobbying for his employer, and the one thing
that has become apparent is that Roanoke is not always,
as a School Board and as a City, represented at crucial
times, and it would be advantageous if the School Board
would give consideration to addressing the matter in the
future. He added that it is his understanding that large
cities and School Boards meet once a week in Richmond
during the General Assembly Session, that they have
employees in Richmond on a full-time basis reviewing
legislation, and if it is important for specific
localities to be exempted from certain legislation, they
are well informed and they receive the exemption, rather
than finding out after the fact when the legislation has
already gone through the legislative process. He stated
that there is an opportunity, in conjunction with the
City, to consider having representation in Richmond in a
227
way that would allow the City and the Schools to be as
up-to-date as possible. He added that he, too, would
like for the two bodies to continue to hold Joint
meetings, advising that Mrs. Curtis' point about the need
for Council and the School Board to be in concert did not
mean that they cannot disagree, but it does mean that the
message that must be sent to citizens of the City and,
more importantly, to young people, is that the two bodies
are working together to do the very best they can for the
children of this City. He stated that the two bodies
need to understand the challenges that each face and how
they both ultimately can compromise to get the best for
all constituents.
Mr. Harvey agreed with Mr. Fitzpatrick about the
need to work together. He stated that he was
particularly impressed with the work of Reverend Harris
relative to the school nurses, and he hoped that the City
would be in a position to provide assistance.
Mrs. Bowles thanked Dr. Tota for his service and
innovative ideas that were not enjoyed.prior to his
coming to Roanoke. She stated that education is the
business of everyone and urged that the Board strongly
listen to the citizens as it conducts the search for a
new Superintendent. She thanked and commended Reverend
Harris for his recommendation with regard to
incorporating the additional school nurses into the
School Board's regular budget, rather than requesting
funding as a supplemental budget item.
Mr. Musser also commended Reverend Harris for his
recommendation on the need for additional school nurses.
He stated that it is unfortunate that the family has
reached the point where educators now have to be many
things ranging from teachers to parents to nurses to
dieticians, etc. He expressed appreciation to Dr. Tota
for his offer to provide office space in a portion of one
of the school facilities for the manager of the cable
access television station He stated that the access
channel will be a definite plus and enable the school
system to do some of the things that it has not been able
to do in the past.
Mr. Musser advised that core cities are unlque
inasmuch as programs are developed that attract people,
and primarily those programs are targeted for indigent
persons. He stated that the more the City does, the more
of a magnet effect it provides; that Roanoke County does
not offer such programs and suggests that those persons
in need go to the City of Roanoke; therefor, persons are
228
moving to the City who do not necessarily add to the
City's tax base, but instead add to its cost. He stated
that he has requested from the State, on numerous
occasions, that cities receive some type of special
allowance, or consideration, which could be taken away
from localities not providing those services that would
provide for better distribution of funds. He commended
the School Board for its efforts in vocational education,
advising that he is proud of the school system, and the
City fought a hard battle during consolidation
discussions to uphold the integrity of its school system.
Mr. McCadden commended Reverend Harris for his
recommendation on the school health nurses. He stated
that Carillon Health System is a good corporate partner,
and until the situation with the nurses is at the desired
level, perhaps some type of arrangement could be worked
out with Carillon in order to place nurses in the
schools. With regard to the search for a new school
Superintendent, he suggested that the School Board look
for a person with strong credentials in vocational
education. He stated that we, as a population, need to
change the mindset of citizens about the importance of
what it means to society to have people from all phases
of life inasmuch as not every child was meant to go to
college. With regard to the application for the new
Superintendent, he added that there is a reference made
to a 41 per cent minority enrollment in the Roanoke City
Public Schools versus a 59 per cent non-minority
enrollment~ and suggested that the School Board look at
the number of African-American teachers, particularly
African-American male teachers, to serve as roll models
and, if legally permissible, it would be a plus if
Roanoke could be a model for the entire State in
employing African-American males in its school system.
Mr. White advised that the School Board has the most
important Job of any appointed or elected office in the
entire valley in its efforts to educate the young people.
He stated that all of the opportunities and problems of
the City directly relate to how our young people are
educated, advising that one of the problems that we face
in this Nation, State and City is that there are too many
young people without the hope to work. He further stated
that ail Members of Council are open and willing to
communicate; that the two bodies will not always agree on
everything, but they must move on to the next issue,
always keeping in mind that which is best for the City of
Roanoke. He concurred in the remarks of Mr. McCadden in
connection with African-American teachers, and urged that
the School Board work hard to keep up the percentage of
229
African-American teachers. He stated that he talked with
Thomas L. Robertson, President, Carillon Health System,
about providing some type of nursing support services,
and noted that there will be an announcement in the near
future about a program in which Carillon will provide a
certain number of dollars to assist the school system
with nursing support services. With regard to the
compensation package for teachers, Mr. White stated that
Roanoke City is losing some of its best teachers to
surrounding localities, and suggested that when looking
at the matter of compensation, the total package should
be considered, including fringe benefits. He explained
that when spreading these resources across the scale,
Roanoke City may not be totally behind, and requested
that the total compensation package be available during
1993-94 budget st-:dy ~o that it can be compared with
surrounding localities. He referred to Joint purchasing
and procurement procedures, and suggested that the City
and the school system look at such things as Joint
purchase of Blue Cross/Blue Shield Hospitalization
Insurance, as well as all types of purchasing to
consolidate efforts, and encouraged the School
Administration to confer with the City Administration to
determine if certain items can be purchased more
effectively as a Joint venture. He called attention to
the Hotel Roanoke Project which is a partnership between
Virginia Tech and the City of Roanoke, and encouraged the
school system to be involved in the partnership, advising
that there should be some way, either through Magnet
School Programs or local programs, that the Roanoke City
Schools could become involved in the Hotel Project, which
will make a great deal of difference for the entire
Roanoke Valley for a long time to come. He stated that
City Council Members and School Board Members should work
together to get past small differences and to do what is
best for the citizens of the City of Roanoke.
In reference to the need for nurses in the schools,
Mr. Musser advised that at one time each hospital had its
own nursing school, and inquired if, as a part of their
training, nursing students who are about to complete
their training period could be assigned to individual
schools, and suggested that the School Board pursue the
matter with local hospitals.
230
Reverend Harris advised that a public announcement
will be made in early 1993 by Carillon Health System in
connection with an adolescent health care program
proposed to be initiated at the high school level. He
stated that it is good to see the medical community's
involvement in recognition of the needs, both physically
and mentally of the City's school children.
In reference to calling issues of importance to the
attention of the City's representatives to the General
Assembly, Reverend Harris inquired if the Legislative
Affairs Committee could discuss strategy as to how to
communicate more effectively with the legislators, after
which time he and Mr. Pincus would report back to the
School Board with ideas and suggestions. Vice-Mayor
Fitzpatrick, Co-Chairperson of the Legislative Affairs
Committee, advised that the matter would be discussed at
a meeting of the Committee to be held on Tuesday,
December 8, 1992.
Reverend Harris stated that he would be willing to
follow up on Mr. White's suggestion with regard to
involving the school system in the Hotel Roanoke Project.
Mayor Bowers commended Dr. Tota on his service and
leadership to the City of Roanoke which have been
exciting times for the Roanoke City Public Schools. He
called attention to certain innovative projects initiated
by Dr. Tota such as the Magnet Schools, the CITY School,
the Governor's School, and saving elementary schools in
the City of Roanoke while elsewhere schools were being
closed or consolidated. He emphasized the need for the
City and the Schools to work together on legislative
matters, and added that the number of African-American
teachers is an important issue to him as well. In
reference to the recommendation by the Roanoke Education
Association for a 15 per cent increase in teacher pay, he
stated that it would be appropriate for the School Board
to make recommendations to Council with regard to funding
sources. In reference to the salary structure for
teachers and Roanoke's competition with other Valley
governments, he stated that he has proposed for a long
time that there should b~ binding, uniform school
teachers salaries across the Roanoke Valley. He Joined
with Mr. White on his proposal for some kind of Magnet
Program at the Hotel Roanoke so that the City can educate
and train its young people for the types of Jobs that
will be available in the future.
231
The City Manager advised that during his 13 years of
service with the Clty, Roanoke has ended every year with
a balanced budget, and the City has been able to address
capital needs that face the school system, as well as
City Government, however, something of that significance
does not happen without either City Council or the School
Board sending a very clear message about fiscal
responsibility. He stated that he had an opportunity to
attend a State-wide briefing by the Governor recently on
the State-of-the-Budget, and Governor Wilder said there
are three issues driving the State budget; viz: 1)
medicare, 2) Jails and penitentiaries, and 3) cost of
education. With regard to the issue of school health
nurses, he referred to legislation requiring the State to
fund 50 per cent of the cost of the nurses, with the
local government funding the other 50 per cent. He
commended the School Board for placing a high priority on
the issue, as well as understanding that there may be
limited funds, however, the Board has stressed that it is
important enough to warrant finding the necessary funds
within the School budget. He stated that the Governor
said clearly that although he would like to undertake new
additions, no funds are available and, secondly, pay for
State employees and pay ior teachers will be targeted
through the remainder of this decade at one or two per
cent, with a cap being at two per cent. He added that
when the State talks about providing money, locally, for
education, for every dollar the State claims should be
spent, 50 per cent comes from the State and 50 per cent
comes out of the local school budget. He pointed out
that 35 per cent of a $67 million budget comes from the
State, and the State is projecting that it may send
something in the range of $250,000.00 for the upcoming
fiscal year, advising that there are not sufficient funds
to handle many of the new programs that come from the
State level. He stated that he will communicate as early
as possible with the School Superintendent as to revenue
projections, advising that he is endeavoring to lower the
expectation of citizens about the reality of what can be
done during these difficult economic times, and Roanokers
have proven that when tough decisions need to be made, as
long as they have sufficient information to make those
decisions, they will support tough economlc times and
financial decisions. He pointed out that he has enjoyed
good teamwork with Dr. Tota and other school officials;
that Dr. Tota has been there when he has needed him, and
he pledged to work with the new Superintendent because
there must be a team effort in orderto run a corporation
with a budget of approximately $175 million.
232
Dr. Tota advised that one of the great strengths of
the community has been that parents have not allowed
anyone to pit one part of the budget against another. He
stated that he can now say that he is happy with every
school in the City's school system. He further stated
that 52 per cent of City students come from poverty level
homes and over 50 per cent come from single family homes,
yet, if one visits the schools, one would not see that
isolation or that poverty, but one would see quality
education in all of the schools. He added that when he
first came to Roanoke, Roanoke's performance was above
the national norm and even with an almost tripling of the
economic disadvantagement, Roanoke's performance
continues to be above the national average. He stated
that Roanoke has been slightly above the State average in
terms of local taxes for schools; that the quality of
education enjoyed by Roanokers makes education a real
buy; and Roanoke spends approximately $5,300.00 per child
per year while localities in northern Virginia spend in
the range of $7,000.00, $9,000.00, $11,000.00, $13,000.00
and $14,000.00 per child. He stated that enrollment has
begun to increase over the last two years; that Roanoke
attracts hundreds of students with special needs, and
there are students from 16 school divisions enrolled in
the Magnet School. He stated that the City schools
operate from 7:00 a.m. to 5:00 p.m., which helps working
parents, and the business community has been particularly
helpful, totalling 60 partners, including churches, civic
organizations and businesses. He explained that there
has been an effort to keep the minority teaching force at
15 to 20 per cent; that many minority teachers who
started teaching in the 1950's and 1960's are now nearing
retirement age, and efforts will continue with regard to
employment of minority teachers. He called attention to
discussions with Virginia Tech officials with regard to
involving City school students in the Hotel Roanoke
Project, advising that the City has an excellent food
service program at William Fleming High School where
vocational education students prepare food, and the
program could be expanded to the new Virginia Tech/Hotel
Roanoke Project. He advised that many school programs
are not as well touted as they should be, that many
schools are doing their own thing and worrying about
working with parents and students, and they are not
publicizing themselves as well as they should; that it is
important for the schools to place their image out front,
and one of the best ways to accomplish that goal is to
encourage persons to visit the schools as often as
possible. He noted that a part of the problem in getting
233
funds from the State Legislature is that most of the
persons who are elected are not from urban areas. In
closing, Dr. Tota stated that he had enjoyed his tenure
of service as superintendent of the Roanoke City Public
Schools.
There being no further business, the Mayor and the Chairman
declared the Joint meeting adjourned at 12:15 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
234
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
December 7, 1992
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, December 7,
1992, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members James G. Harvey, II, Delvis O.
McCadden, Howard E. Musser, William White, Sr., Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., and Mayor David A.
Bowers ........ 7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Acting Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James F.
Riach, Pastor, Covenant Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
BID OPENINGS
ASBESTOS REMOVAL-WATER RESOURCES: Pursuant to
notice of advertisement for bids for asbestos abatement
at Carvins Cove Filter Plant, 8192 Angel Lane, N. W.,
said bids to be received by the City Clerk until 1:30
p.m., on Monday, December 7, 1992, and to be held, opened
and read before the Council at 2:00 p.m., on that date,
or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present
raising any question, the Mayor instructed the Ci~yClerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
235
ACTION:
ACTION:
BIDDER
BASE BID
Insulation Specialties, Inc.
Webster Environmental, Inc.
HICO, Inc.
Falcon Associates, Inc.
Atlantic Environmental Companies
Enpuricon, Inc.
Dore & Associates Contracting
$16,917.00
35,000.00
39,985.00
46,200.00
48,500.00
59,224.00
97,200.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairperson, Kit B. Kiser and M. Craig Sluss as members
of the committee.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to three requests for Executive
Sessions to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council;
a personnel matter being the performance of a specific
public officer; and a matter with regard to location of
a prospective business when no previous announcement has
been made of the business' interest in locating in the
community.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed byCouncil, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
ACTION:
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
236
ACTION:
ACTION:
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None
BUILDINGS/BUILDING DEPARTMENT-COMMITTEES: A
communication from Mary C. Maier tendering her
resignation as a member of the Building Maintenance
Division of the City's Board of Building Code Appeals,
was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the communication be
received and filed and that the resignation be accepted
with regret. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers --7.
NAYS: None
PENDING LIST: A list of items pending from July 10,
1978, through November 23, 1992, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the pending list be
received and filed. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers -7.
NAYS: None .......
ROANOKE NEIGHBORHOOD PARTNERSHIP-COMMITTEES: A
report of qualification of Ronald H. Miller and Jan P.
Wilkins, for terms of one year each, ending November 10,
1993, and Louis E. Ellis and Steven D. Goodwin for terms
237
ACTION:
ACTION:
ACTION:
of three years each, ending November 8, 1995, as members
of the Roanoke Neighborhood Partnership Steering
Committee, was before Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Harvey, McCadden, Musser,
Whlte, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None' 0.
COMMITTEES-TRANSPORTATION SAFETY: A report of
qualification of Richard I. Huddleston as a member of the
City of Roanoke Transportation Safety Commission, for a
term ending October 31, 1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None 0.
CITY EMPLOYEES-PENSIONS-COMMITTEES: A report of
qualification of William S. Trent, Jr., as a member of
the Board of Trustees, City of Roanoke Pension Plan, for
a term ending June 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mrs. Bowles and adopted by the following
vote:
238
ACTION
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers -7.
NAYS: None 0.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss a personnel matter being the performance of a
specific public officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended, was before
the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss a personnel matter being the performance of a
specific public officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None '0.
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to location of a prospective business
when no previous announcement has been made of the
business' interest in locating in the community, pursuant
to Section 2.1-344 (A)(5), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
239
II
ACTION=
ACTION:
Mr. Fitzpatrick moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss a matter with regard to location of a
prospective business when no previous announcement has
been made of the business' interest in locating in the
community, pursuant to Section 2.1-344 (A)(5), Code of
Virginia (1950), as amended. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None---
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
LEGISLATION-TAXES-SPECIAL PERMITS-LIBRARIES: A
communication from Rick J. Schwieterman, Vice-President
Finance and Treasurer, OCLC Online Computer Library
Center, Inc., transmitting a petition requesting adoption
of a resolution in support of the Company's request to
obtain an exemption from personal property taxes on
certain computer equipment located at library sites in
the City of Roanoke, was before Council.
It was advised that since OCLC is a non-profit,
library membership, it is applying for exemption pursuant
to Article X, Section 6(a)(c) of the Constitution of
Virginia.
OCLC also submitted copy of a communication
submitted to tho City Manager responding to certain
questions required by Subsection B of Section 30-19.04 of
the Code of Virginia, 1950, as amended.
(For full text, see communication and supporting
documentation on file in the City Clerk's Office.)
Mr. Harvey moved that the request be referred to the
City Manager, City Attorney, and Acting Director of
Finance for study, report and recommendation to Council.
The motion was seconded by Mr. Fitzpatrick and
unanimously adopted.
SPECIAL PERMITS-LEGISLATION-TAXES-C~IURCHES: A
communication from Charles H. Osterhoudt,
Attorney, representing The Terumah Foundation, Inc.,
requesting adoption of a resolution in support of the
240
organizations's request to obtain tax-exempt status from
the General Assembly of Virginia, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Osterhoudt advised that he was accompanied by
The Reverend Quigg R. Lawrence, Pastor of the Church of
the Holy Spirit, which is an Episcopal congregation that
meets in the Roanoke Valley. He stated that he was
present on behalf of The Terumah Foundation, Inc., which
is a non-profit, non-stock corporation chartered by the
Commonwealth of Virginia in June of 1991; and the purpose
of The Terumah Foundation, Inc., is to raise funds for
the construction of a church building to be occupied by
the congregation. He explained that in the not too
distant past, the denomination of the Episcopal Church
suffered a division in which a number of the congregation
left the Episcopal denomination and formed the Anglican
Church, and as a result, it was determined that if a
congregation elected to leave the denomination, it left
its property behind, and the church structure and the
land and everything on the land became the property of
the denomination, as opposed to the property of the
congregation. He stated that this particular
congregation is attempting to do what a number of other
congregations around the country have decided to do,
which is, if they must pay for the construction of their
church, they wish to own the building; therefore, The
Terumah Foundation, Inc., was organized as a mechanism to
hold title and to raise funds as a tax-exempt
organization for the utilization of the congregation, and
it has received the designation as a tax-exempt
corporation under Section 501(c)(3) of the Internal
Revenue Act, which designation was created in 1992. He
explained that because the Foundation is not in and of
itself per se a church, it is not exempt by category from
taxes under the State legislative scheme; and since the
Foundation was organized and acquired its property since
1971, also under the statutory scheme, the only way it
can obtain tax-exempt status is by special act of the
legislature and in accordance with Section 581.1-3650 of
the Code of Virginia, 1950, as amended. He stated that
local legislators have advised that while it is not
necessarily a statutory pre-condition to receive approval
of the governing body in question, it is helpful to have
a resolution adopted by the governing body in support of
the request when it comes before the General Assembly.
241
ACTION:
Mr. Osterhoudt advised that the property in question
is composed of approximately 3.12 acres of undeveloped
land on Grandin Road Extension just inside the City
limits which was purchased in late 1991 by The Terumah
Foundation, Inc., with an assessed value of $98,000.00,
and property taxes in the amount of $1,225.00 per year
whlch The Terumah Foundation currently pays. He stated
that the debt on the land has been paid off and funds are
in the process of being raised for construction of the
church building which is anticipated to commence in one
to three years.
Mr. Harvey moved that the matter be referred to the
City Manager, City Attorney and Acting Director of
Finance for study, report and recommendation to Council.
The motion was seconded by Mr. Musser and unanimously
adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of funds to
the following school accounts, was before Council.
Grant No. 6502
$2,200.00 for the Child
Development Clinic Program to
provide funds for the salary
and expenses of the Educational
Coordinator at the clinic. The
program will be 100 per cent
reimbursed by State funds.
Grant No. 6503
$2,200.00 for the Child
Specialty Services Program to
provide funds for the salary
and expenses of the Educational
Coordinator. The program will
be 100 per cent reimbursed by
State funds.
Grant No. 6504
$802.00 for the Juvenile
Detention Home Program to
provide funds for the salary
and expenses of the two
Educational Coo~dinators at the
Home. The program will be 100
per cent reimbursed by State
funds.
242
Grant No. 6509
$11,175.00 for the 1992-93
Early Intervention Program to
provide services and materials
to ensure a smooth transition
for handicapped two-year old
children who will be entering
the preschool program. The
program will be 100 per cent
reimbursed by State funds.
Grant No. 6754
$5,000.00 for the Adult Basic
Education Program to provide
funds for the education of
adults who have not completed
high school. The program will
be 100 per cent reimbursed by
Federal funds.
Grant No. 6902
$60,000.00 for the Homeless
Assistance Program to provide
instructional services to
homeless students. The program
will be reimbursed 100 per cent
by Federal funds.
Grant No. 6903
$4,425.00 for the Flshburn Park
Environmental Mini-Grant to
utilize Federal funds to
develop curriculum and material
for environmental education at
the school.
The School Board further requested the first
appropriation of $646,942.00 from the 1992.-93 Capital
Maintenance and Equipment Replacement Fund to be used as
follows:
replacement of school instructional technology
equipment,
a school bus for additional special education
students,
implementation of
communications system,
a
transportation
replacement of carpet at several locations
including Fallon Park Elementary School,
purchase of furniture and equipment for the
renovated Virginia Heights School,
243
II
ACTION:
facility alterations to be made in compliance
with the Americans with Disabilities Act,
improvements to several school playgrounds,
and
purchase of cash registers for school
cafeterias.
A report of the Acting Director of Finance
recommending that Council concur in the request of the
School Board, was also before the body.
(For full text, see communication and repert on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#31260-120792) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 260.)
Mr. White moved the adoption of Ordinance No. 31260-
1207~2. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ..... 7.
NAYS: None 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY EMPLOYEES-PERSONNEL DEPARTMENT: Mr. James D.
Ritchie, Director of Human Development, advised that
Council often sends the message to the City
Administration about the high value it places on prompt,
effective, efficient and courteous service to citizens
and other customers of the City of Roanoke, therefore, in
an effort to further improve City services, he explained
that the City Manager appointed a Service Excellence
Co~mittee composed of City employees. He introduced the
following members of the Committee: James P. Beatty from
244
the Personnel Department, Vickey F. Childress from Real
Estate Valuation, Delores C. Daniels from Citizens
Request For Service, Evelyn D. Dorsey from Building,
Zoning and Planning, Martha P. Franklin from the Planning
Department, Carolyn K. Highfill from Social Services,
Delmar L. Irving from the Water Department, Keith A.
Johnson from the Police Department, M. Emily Keyser from
the Library, Kit B. Klser from Utilities and Operations,
Freda McClung from Engineering, Kathy L. McMillan from
the Office of Clerk of Circuit Court, Deborah J. Moses
from Billings and Collections, Reva J. Spencer from
Refuse Collection, Roger A. Thompson from Grounds
Maintenance, Donna L. Tyree from Utility Line Services,
Captain Thomas W. Tyree from the Fire Department, Robyn
T. Yates from Communications, M. Michele Bono from Public
Information and Sandra E. Freeman from Fleet Management.
Mr. Ritchie explained that one of many projects that
the Service Excellence Committee has been involved with
is the Customer Service Excellence Training Program and
called upon Celia L. Denning, Training Specialist
representing Personnel Management, and Susan Wiley, a
part-time employee, for presentation of a seven-minute
slide show on the Customer Service Training Program.
Ms. Denning advised that the project has been in the
making for the past year and is now becoming a reality;
that the Service Excellence At Work Program was piloted
in November with approximately 60 employees in
attendance; that the Program was received extremely well,
and from those pilots, 23 employees volunteered to be
trained to be trainers and 13 of the volunteers have
completed the process to become trainers and are
currently scheduled to conduct training sessions. She
stated that the first Service Excellence At Work class
was recently offered to City employees, at which time 14
employees from ten different departments participated.
In addition, she further stated that five classes are
scheduled in December which are filled, with
approximately 25 departments throughout the City being
represented. She noted that in addition to the Service
Excellence At Work Program, all supervisory staff will
attend a companion program known as Managing Service
Excellence At Work, which is designed to assist managers
and supervisors in implementing or enhancing service
excellence principles within their work units. She
explained that it is Important to recognize that customer
service focus does not begin and end with training; that
the Service Excellence Committee has initiated other
projects such as the V.I.P. Express which is a monthly
245
ACTION=
ACTION=
bus tour of various City facilities attended by City
employees in order to inform employees about the services
offered by other City departments which will facilitate
employees in making appropriate referrals and providing
information to citizens who seek information and service.
Mr. McCadden moved that the briefing be received and
filed with appreciation. The motion was seconded by Mr.
Fitzpatrick and adopted.
HEALTH DEPARTMENT-ANNUAL REPORTS: Dr. Donald R.
Steam, Health Director, presented the Roanoke City
Health Department Annual Report and Summary of the Six
Year Plan.
(See report on file in the City Clerk's Office.)
Mrs. Bowles moved that the Annual Report be received
and filed. The motion was seconded by Mr. Fitzpatrick
and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-POLICE DEPARTMENT-BUILDINGS/BUILDING
DEPARTMENT-CITY NURSING HOME-PARKS AND RECREATION-FIRE
DEPARTMENT-CLERK OF COURTS-COMMISSIONER OF REVENUE-PUBLIC
WORKS-ROANOKE CIVIC CENTER-PERSONNEL DEPARTMENT-SIGNALS
AND ALARMS-UTILITY LINE SERVICES-CMERP-MUNICIPAL AUDITOR-
MANAGEMENT AND BUDGET-CITY INFORMATION SYSTEMS-YOUTH
CORRECTIONAL FACILITIES-EQUIPMENT-PROCUREMENT CODE: The
City Manager submitted a written report advising that
Capital Maintenance and Equipment Replacement needs have
been ldentif~ed for various City departments, and certain
identified items are needed for the continued efficient
and most effective performance of assigned duties and
responsibilities of various City Departments; that single
purchases, which will cost less than $15,000.00, will be
procured through the competitive bid process in
accordance with the Procurement Code as identified in
Section '23.1, Code of the City of Roanoke (1979), as
amended; and Council' s appropriation of funds is
necessary to provide for purchase of the following items:
Clerk of Circuit Court
Versa Trac Copy Accounting System
$ 13,671.00
Municipal Auditinq
Printer
1,500.00
246
Fi. re Department
12 - Chairs
6 - Sofas
2,100.00
2,010.00
Police Department
Personal Computer with Printer
2 - Radar Units
1,874.00
3,672.00
Buildinq Inspections
1 - Portable Radio
750.00
Crisis Intervention Center
Various Facility Needs
18,950.00
Signals and Alarms
Traffic Signal Needs
33,000.00
Parks and Recreation
6 - Soccer/Football Goals
9,000.00
Street Maintenance
Portable Directional Arrow
Juvenile Detention Home
Copier with Cabinet
Mowing Tractor
8,000.00
4,150.00
6,898.00
Nurstnq Home
4 - Tables
8 - Wardrobes
400.00
2,000.00
Personnel Manaqement
OSHA Required Protective Equipment
9,027.00
247
Commissioner of Revenue
File Cabinet
678.00
Social Services
2 - Rotary Files
5 - Computer Terminals
9 - Lateral Filing Cabinets
Subtotal
3,200.00
3,750.00
... 5t362~00
$129,992.00
Prior Year Retained Earninqs
Civic Center
5 - Chair Dollies
5 - Table Dollies
1,500.00
1,500.00
Manaqement Services
2 - Copy Machines
11,070.00
~ity Information Services
Report Software Package
10,000.00
Utility Line Services
Ditch Compactor Tampers
Subtotal
5.~476.00
$29t546.00
Fund Appropriation Request Total
$159,538.0Q
The City Manager recommended that Council
appropriate $159,538.00 from the Capital Maint~nance and
Equipment Replacement Program to various departmental
accounts, as follows:
$13,671.00 to Clerk of Circuit Court, Account
No. 001-028-2111-9015
248
$1,500.00 to Municipal Auditor, Account No.
001-005-1240-9015
$4,110.00 to Fire Department, Account No. 001-
050-3213-2035
$1,874.00 to Police Department, Account No.
001-050-3111-9015
$3,672.00 to Police Department, Account No.
001-050-3113-9015
$750.00 to Building Inspections, Account No.
001-052-3410-9015
$18,950.00 to Crisis Intervention, Account No.
001-054-3360-9015
$33,000.00 to Signals and Alarms, Account No.
001-052-4160-9015
$9,000.00 to Parks and Recreation, Account No.
001-050-7110-9015
$8,000.00 to Street Maintenance, Account No.
001-052-4110-9015
$11,048.00 to Juvenile Detention Home, Account
No. 001-054-3320-9015
$2,400.00 to City Nursing Home Fund~ Account
No. 009-054-5340-2035
$9,027.00 to Personnel Management, Account No.
001-050-1261-2062
$678.00 to Commissioner of Revenue, Account
No. 001-022-1233-9015
$12,312.00 to Social Services, Account No.
001-054-5313-9015
$3,000.00 to Civic Center, Account No. 005-
050-2105-9015
$11,070.00 to Management Services, Account No.
006-002-1617-9015
$10,000.00 to City Information
Account No. 006-050-1601-9015
Services,
249
11
ACTION=
$5,476.00 to Utility Line Services, Account
No. 006-056-2526-9015
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31261-120792) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General, Nursing Home,
Civic Center and Internal Service Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 263.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31261-120792. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers -7.
NAYS: None 0.
BUDGET-HOUSING/AUTHORITY-INDUSTRIES-GRANTS-ECONOMIC
DEVELOPMENT: The City Manager submitted a written report
advising that Vitramon, Inc., a manufacturer of ceramic
micro-chip capacitors, has agreed to double the size of
its Roanoke plant, conditioned upon receipt of
$500,000.00 in site improvements to be done by the
Roanoke Redevelopment and Housing Authority, and approval
of the proposed expansion by the State Air Pollution
Control Board; that the Governor's Opportunity Funds
(available to localities, designed to attract industries
to locate or expand in Virginia and used for
improvements, expansion of infrastructure, Job training
or any other project requirement not prohibited by law)
are of extreme importance to Roanoke inasmuch as the
Governor's Opportunity Fund will significantly reduce the
amount of funding required to make Roanoke more
competitive with locations being considered outside of
Virginia and the United States and will pay for a portion
of on-site improvements to be made by the Housing
Authority in the Roanoke Centre for Industry; and
economic benefits to the City of Roanoke as a result of
this project are 250 new "high tech" Jobs, $21 million
capital investment and approximately $325,000.00 a year
in direct local taxes.
250
It was further advised that the Governor's
Opportunity Funds, requested and approved, total
$350,000.00; that the Housing Authority is statutorily
authorized to make site improvements at industrial sites
and will enter into an agreement with Vitramon, Inc., to
make certain site improvements in connection with the
proposed expansion; that the Housing Authority will need
to receive a maximum of $500,000.00 from the State and
City to fund the development project; that Roanoke Centre
for Industry and Technology Capital Funds are requested
for donation to the Housing Authority, pursuant to an
agreement approved by the City Attorney, in the amount of
$150,000.00, for on-site improvements and/or employee
training; and funding is available in Roanoke Centre for
Industry and Technology Capital Funds, Account No. 008-
052-9629-9003.
The City Manager recommended that Council take the
following actions:
authorize the City Manager to accept the
Governor's Opportunity Fund Grant, in the
amount of $350,000.00;
appropriate a $350,000.00 grant in the Capital
Projects Fund to a new account to be
established by the Director of Finance;
transfer $150,000.00 from the Roanoke Centre
for Industry and Technology Capital Fund,
Account No. 008-052-9629-9003, to a new
account to be established by the Director of
Finance; and
authorize the City Manager to execute an
agreement, approved as to form by the City
Attorney, between the City and the Housing
Authority to perform certain site work for
expansion of the facility of Vttramon, Inc.,
at the Roanoke Centre for Industry and
Technology.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
251
ACTION:
ACTION:
(#31262-120792) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 266.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31262-120792. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was out of the Council Chamber.)
Mr. Fitzpatrick offered the following resolution:
(#31263-120792) A RESOLUTION authorizing the
acceptance of a grant from the Governor's Opportunity
Fund for the purpose of encouraging Vitramon, Inc., to
expand its facility in the Commonwealth of Virginia;
authorizing an Agreement with the City of Roanoke
Redevelopment and Housing Authority (RRHA) providing for
RRHA to perform certain site work for the expansion of
the facility of Vitramon, Inc., at the Roanoke Centre for
Industry and Technology; and authorizing the proper City
officials to execute the Agreement on behalf of the City.
(For full text of Resolution, see Resolution Book No. 54,
page 267.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31263-120792. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was out of the Council Chamber.)
CITY GOVERNMENT-GRANTS-FLOODREDUCTION/CONTROL-FIFTH
PLANNING DISTRICT COMMISSION-CONSULTANTS REPORTS-WATER
RESOURCES: The City Manager submitted a written report
with regard to the Comprehensive Regional Stormwater
Management Program in the Roanoke Valley, advising that
Valley governments, consisting of the City of Roanoke,
252
Roanoke County, the City of Salem, the Town of Vinton and
Botetourt County, expressed to the Fifth Planning
District in 1984 that flooding problems in the Roanoke
Valley need to be addressed; that in 1985 the Fifth
Planning District Commission funded a feasibility study
which discussed the numerous benefits to be realized from
a comprehensive regional approach to stormwater
management and outlined those watersheds that should be
considered priorities for future planning; that 1990
member governments funded an update to the 1985
feasibility study illustrating how much a study could
address both water quantity and quality issues within the
context of a regional program; and April 21, 1992,
brought the worst flooding in the Roanoke Valley since
1985 and resulted in the Roanoke Valley being declared a
national disaster area.
It was further advised that current Federal law
includes the Hazard Mitigation Grant Program which is
intended to support innovative and cooperative hazard
mitigation programs such as a regional approach to storm
water management by funding a Comprehensive Regional
Stormwater Management Study; and a meeting of
representatives of the Federal Emergency Management
Agency, the Virginia Department of Emergency Services,
the Fifth Planning District Commission and four of the
five (Botetourt County chose not to participate) Valley
governments verified that the chances of receiving a
matching grant are excellent.
It was explained that the total cost of the study is
estimated to be $690,000.00 with each Valley government
paying its p£oportionate share based on an agreed upon
formula which included an urbanization factor that takes
into account the level of development in each
Jurisdiction; and the share of each government is as
followst City of Roanoke - $251,000.00, Roanoke County -
$278,000.00, City of Salem - $130,000.00, and Town of
¥inton - $31,000.00, and amounts will be reduced by the
amount of the grants from the Federal Government
estimated to be 50 per cent of the cost.
It was further explained that the City of Roanoke
will benefit from the study by information to be
duveloped on what needs to be done to reduce flooding in
current floodprone areas and from information developed
on upstream contributors and what they can do to reduce
the downstream impact on the City.
253
ACTION:
The City Manager recommended that Council adopt a
resolution in support of the Comprehensive Regional
Stormwater Management Study; that the Fifth Planning
District Commission be authorized to serve as the City's
agent to apply for the Federal Emergency Management
Agency Hazard Mitigation Grant, to administer the grant
and City funds; and that the City agree to provide its
share of funding for the study.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31264-120792) A RESOLUTION supporting a
Comprehensive Regional Stormwater Management Study; and
authorizing the City of Roanoke's participation in such
study.
(For full text of Resolution, see Resolution Book No. 54,
page 268.)
Mrs. Bowles moved the adoption of Resolution No.
31264-120792. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was out of the Council Chamber.)
HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report advising that the Vacant Lot
Homesteading Program (Extension) is intended to encourage
development of new housing on vacant land, especially
single-family owner-occupied homes on individual lots, by
reimbursing the builder/developer for certain costs of
development, up to $4,000.00 per lot; and conditions
which the developer/builder must meet to receive
reimbursement are as follows:
building and site plans must be approved by
the Building Department as meeting applicable
building and zoning codes and being compatible
with existing neighborhood design;
build or move a residential building onto the
lot within the specified time;
254
ACTION:
sell the building initially to a low-moderate
income household; and
pass the benefits program on to the Iow-
moderate income homebuyer.
It was further advised that the Vacant Lot
Homesteading Program currently is funded with $40,000.00
from Community Development Block Grant funds; and program
guidelines currently require each individual subsidy to
be approved by City Council.
The City Manager recommended that Council modify
guidelines of the Vacant Lot Homesteading Program
(Extension) to authorize the City Manager to execute
individual contracts, authorizing reimbursement to
builders/developers participating in the program, such
authorization to remain in effect for as long as funding
is provided for said program.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31265-120792) A RESOLUTION modifying guidelines
of the Vacant Lot Homesteading Program to authorize the
City Manager to execute individual contracts for the
reimbursement to builders and developers participating in
the program, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 54,
page 270.)
Mr. White moved the adoption of Resolution No.
31265-120792. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None.
(Council Member Harvey was out of the Council Chamber.)
BUDGET-POLICE DEPARTMENT-FIRE DEPARTMENT-PUBLIC
WORKS-COMMUNICATIONS DEPARTMENT-UTILITY LINE SERVICES-
CMERP-WATER RESOURCES-EQUIPMENT: The City Manager
submitted a written report advising that Capital
Maintenance and Equipment Replacement evaluations
identified the need for replacement of two-way radios and
255
ACTION:
a Co~nunications Service Monitor for the Communications
Department; whereupon, the City Manager recommended that
Council accept the following bids:
Item %1 - Two base stations and Item #3 - 16
six position chargers from Radio
Communications, Inc., for a total mount of
$21,590.56.
Item ~2 - 108 two-way portable radios from
Kane's Communications Systems, Inc., for a
total amount of $100,363.32.
Item #4 - 33 single unit chargers and Item #5
- 58 two-way mobile radios from Motorola
C & E, Inc., for a total amount of $72,204.00.
Item %6 - One communications service monitor
from Tesco, Inc., for a total amount of
$9,365.62.
It was further recommended that Council reject all
other bids received by the City and appropriate
$223,926.00 from the Capital Maintenance and Equipment
Replacement Account to the following accounts:
$203,524.00 - Communications, Account No. 001-
052-4130-9015.
$20,402.00 - Communications, Account No. 001-
052-4130-2035.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31266-120792) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 270.)
Mr. White moved the adoption of Ordinance No. 31266-
120792. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
256
ACTION=
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers- --6.
NAYS: None 0.
(Council Member Harvey was out of the Council Chamber.)
Mr. White offered the following resolution:
(#31267-120792) A RESOLUTION accepting bids for
communication equipment; and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 54,
page 271.)
Mr. White moved the adoption of Resolution No.
31267-120792. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Rarvey was out of the Council Chamber.)
PUBLIC WORKS-SIGNALS AND ALARMS-CMERP-EQUIPMENT:
The City Manager submitted a written report advising that
the Capital Maintenance and Equipment Replacement Program
has identified the need for an aerial lift device to be
installed on an existing Signals and Alarms department
van which will allow the Signals and Alarms department to
properly lift and install traffic signals, fire alarm
mechanisms and ohher related equipment; and
specifications were developed and bids were received on
November 5, 1992.
The City Manager recommended that Council accept the
bid submitted by Map Enterprises, Inc., for one new
telescopic aerial device to be mounted on an existing
vehicle, in the total amount of $15,975.00, advising that
funding is available in the Fleet Management Fund,
Account No. 006-052-2641-9010; and reject the other bid
received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
257
il
ACTION:
ACTION:
(#31268-120792) A RESOLUTION accepting a bid for a
telescopic aerial device; and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 54,
page 273.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31268-120792. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None -0.
(Council Member Harvey was out of the Council Chamber.)
ACTING DIRECTOR OF FINANCE:
ANNUAL REPORTS-DIRECTOR OF FINANCE-PENSIONS: The
Acting Director of Finance submitted the Comprehensive
Annual Financial Report for the City of Roanoke and the
Component Unit Financial Report for the City of Roanoke
Pension Plan for the year ended June 30, 1992.
The Acting Director of Finance advised that the
unaudited General Fund Capital Maintenance and Equipment
Replacement Program reported to Council on August 10,
1992 is unchanged; and as previously reported, the
balance was allocated between the City and the School
Administration in amounts of $2,186,531.00 and
$1,285,089.00, respectively, to provide capital equipment
and maintenance funding, subject to Counctl;s approval.
It was further advised that one adjustment to the
Council's Financial Statements was made to reduce the
operating subsidy from the Transportation Fund to the
Greater Roanoke Transit Company (GRTC), al~d this type of
adjustment is required each year pending final audit of
GRTC regarding the exact Federal and State grant
reimbursement amounts.
(For full text, see Annual Financial Reports on file in
the City Clerk's Office.)
Mr. White moved that the reports be received and
filed. The motion was seconded by Mr. Musser and
adopted.
258
ACTION:
REPORTS OF COMMITTEES:
CITY CODE-CITY EMPLOYEES-PERSONNEL DEPARTMENT: A
report of the Personnel and Employment Practices
Commission recommending that Council adopt a measure
which would disallow a City employee member of the
Commission from hearing grievances by employees from his
or her own department, was before Council.
It was explained that the employee member of the
Commission may feel perceived pressure from certain
management or department employees to support a
particular position related to the grievance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following emergency
ordinance:
(#31269-120792) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by adding a new
subsection (d) to Section 2-85.1, Grievance hearing
panels, such new subsection prohibiting a member of the
Personnel and Employment Practices Commission who is an
employee of the City from participating in any grievance
hearing where the grievant is from the same department,
office or agency of City government as the employee
member of the Commission; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 274.)
Mr. McCadden moved the adoption of Ordinance No.
31269-120792. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ...... 7.
NAYS: None 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
259
ACTION=
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL=
STREET LIGHTS-STATE HIGHWAYS-TRAFFIC: Mayor Bowers
referred to a newspaper article with regard to the
widening of 1-81 at Wertz, Virginia, and inquired if
improvements are proposed for 1-581 at the Orange Avenue
interchange; whereupon, he requested that the City
Manager report to Council accordingly. In addition, the
Mayor requested that the City Manager report to Council
with regard to the feasibility of lighting the interstate
as it goes through the City of Roanoke at certain
interchanges.
OTHER HEARINGS OF CITIZENS:
SEWERS ANDSTORMDRAINS-COMPLAINTS-WATER RESOURCES:
Mr. Paul L. Hurd, 4970 Florist Avenue, N. W., appeared
before Council and expressed concern with regard to
sewage backing up in his basement.
The Mayor advised that the matter would be referred
to the City Manager for investigation and report to
Council as expeditiously as possible.
At 3:40 p.m., the Mayor declared the meeting in
recess.
At 6:00 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None 0.
260
ACTION=
MENTAL HEALTH SERVICES-COMMITTEES: The Mayor
advised that the three year term of Onzlee Ware as a
member of the Mental Health Services Board will expire on
December 31, 1992, and called for nominations to fill the
vacancy.
Mr. Fitzpatrick placed in nomination the name of
Onzlee Ware.
There being no further nominations, Mr. Ware was
reelected as a member of the Mental Health Services
Board, for a term of three years, ending December 31,
1995, by the following vote:
FOR MR. WARE: Council Members Harvey, McCadden,
Musser, White, Bowles, Fitzpatrick and Mayor Bowers .... 7.
COUNCIL-CITY EMPLOYEES-AUDIT COMMITTEE-DIRECTOR OF
FINANCE: Mayor Bowers presented the following statement
on behalf of Council:
"The Audit Committee of City Council has
received a briefing from the Municipal Auditor
concerning his audit of the Department of
Finance and its Director. All members of City
Council were present for the meeting of the
Audit Committee. As a part of its regular
City Council meeting, Council has, in
Executive Session, discussed the performance
of the Director of Finance and whether any
additional disciplinary action may be in
order. At this time, the administrative
process continues. City Council will meet in
a special meeting to again consider this
matter at 8:00 p.m., on Thursday, December 10,
1992. On the advice of the City Attorney,
Council cannot elaborate further on the status
of this matter except to say that the Mayor
and each Member of Council seek an expeditious
resolution of this important public issue."
261
There being no further business, the Mayor declared the
meeting adjourned at 6:05 p.m.
APPROVED
ATTEST .' ~
City Clerk Mayor
262
SPECIAL SESSION
ROANOKE CITY COUNCIL
December 10, 1992
8:00 p.m.
The Council of the City of Roanoke met tn special session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Thursday,
December 10, 1992, at 8:00 p.m., pursuant to Section 10, Meetings
of Cpunctl, of the Roanoke City Charter; and pursuant to
communication from the Mayor under date of December 8, 1992, with
Mayor David A. Bowers presiding.
PRESENT: Council
Beverly T. Fitzpatrick, Jr.,
McCadden, Howard E. Musser,
David A. Bowers ........
Members Elizabeth T. Bowles,
James G. Harvey, II, Delvis O.
William White, Sr., and Mayor
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dlbling, Jr., City Attorney; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
COUNCIL: The Mayor referred to the following
communication calling the special meeting of Council:
"December 8, 1992
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to ~10 of the Roanoke City Charter, I am calling
a Special Meeting of the Council of the City of Roanoke
at 8:00 p.m., on Thursday, December 10, 1992, in the City
Council Chamber. It is anticipated that immediately
after publicly convening the meeting, City Council will
convene in Executive Session. The purpose of the
Executive Session will be to discuss a personnel matter,
263
ACTION:
ACTION=
being the performance of a specific public officer,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended.
Sincerely,
S/David A. Bowers
David A. Bowers
Mayor"
(See communication on file in the City Clerk's Office.)
COUNCIL: Mr. McCadden moved that Council convene in
Executive Session to consider a specific legal matter
requiring the providion of legal advice by counsel as to
the terms and conditions of an employment agreement,
pursuant to Section 2.1-344 (A)(7), Code of Virginia
(1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES~ Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None -0.
At 8:05 p.m., the Mayor declared the meeting in
recess.
At 8:45 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ..... 7.
NAYS: None 0.
COUNCIL-MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-CITY
EMPLOYEES: Mr. Fitzpatrick offered the following
resolution:
264
"(#31270-121092) A RESOLUTION accepting the
resignation of Joel M. Schlanger as Director of Finance;
authorizing a Change in Employment Status Agreement
between the City and Mr. Schlanger, dated December 10,
1992; authorizing the Mayor to issue an appropriate
letter acknowledging Mr. Schlanger's resignation; and
appointing James D. Grisso as Acting Director of Finance.
BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. The resignation of Joel M. Schlanger as
Director of Finance is hereby received and accepted
effective January 12, 1993.
2. The Mayor and City Clerk are hereby authorized
to execute and attest, respectively, a Change in
Employment Status Agreement between the City and Joel M.
Schlanger, Director of Finance, dated December 10, 1992.
3. The Mayor is authorized, on behalf of C~ty
Council, to issue an appropriate letter acknowledging Mr.
Schlanger's resignation and commending his City service.
4. James D. Grisso is appointed Acting Director of
Finance on and after January 12, 1993, and shall serve in
this Office until further action of this Council."
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No.
31270-121092. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers-- 7.
NAYS: None 0.
There being no further business, the Mayor declared the
special meeting adjourned at 8:50 p.m.
APPROVED
ATTEST
City Clerk
Mayor
265
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
December 14, 1992
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, December 14,
1992, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Delvis O. McCadden, Howard
Musser, William White, Sr., Elizabeth T. Bowles, James G. Harvey,
II, and Mayor David A. Bowers -6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wllburn C.
Dibling, Jr., City Attorney; James D. Grisso, Acting Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Ms. Mary D.
Hackley, Director, Elementary Education, Roanoke City
Schools, appeared before Council, along with certain
Magnet School students, and presented the Mayor and
Members of Council and Council-Appointees with holiday
notepads which were designed by Roanoke City Magnet
School students.
On behalf of the Members of Council and Council-
Appointed Officers, the Mayor expressed appreciation.
PUBLIC HEARINGS
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday,
December 14, 1992, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Horace G.
Fralin, W. H. Fralin and Evelyn J. Waldron, Trustees of
the Karen Waldron Lester Trust, that a tract of land
located at 3002 Brandon Avenue, S. W., identified as
Official Tax No. 1620111, be rezoned from RM-2,
Residential Multi-Family, Medium Density District, to CN,
266
Neighborhood Commercial District, subject to certain
conditions proffered by the petitioners, the matter was
before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
November 27, 1992, and Friday, December 4, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the rezoning is to place an existing
commercial building into a conforming zoning district
classification, was before Council.
The Planning Commission recommended that Council
approve the request, advising that rezoning of the
subject property meets the purpose and intent of the
neighborhood commercial zoning classification. It was
explained that the conditional rezoning will take an
existing "legal nonconforming use" and place it into a
conforming zoning district that would facilitate the
adaptive reuse of a vacant, commercial structure, as well
as provide a transitional buffer area between the
existing highway-oriented commercial uses to the west and
the residential development to the east.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the following ordinance be
placed upon its first reading:
(#31271) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
162, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 288.)
The motion wau seconded by Mr. Musser.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning. There being none, Ordinance No. 31271 was
adopted, on its first reading, by the following vote:
267
il
ACTION:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey, and Mayor Bowers-- 6.
NAYS: None, 0.
(Vice-Mayor Fitzpatrick was absent.)
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,
December 14, 1992, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Benjamin S.
Motley, Kimberly C. Motley and Kenneth L. Motley that
tracts of land located at 1702/1704 Greenwood Road,
S. W., described as Lot 11, Block 23, Map of Raleigh
Court Corporation, and 1708/1710 Greenwood Road, S. W.,
described as Lot 10, Block 23, Map of Raleigh Court
Corporation, Official Tax Nos. 1340101 and 1340103,
respectively, be rezoned from RS-3, Residential Single
Family District, to RM-2, Residential Multi-Family,
Medium Density District, subject to certain conditions
proffered by the petitioners, the matter was before the
body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
Noven~er 27, 1992, and Friday, December 4, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the rezoning request is to place an
existing nonconforming use into a conforming zoning
district classification to provide for the sale and
continued use of said properties as duplexes, was before
Council.
The Planning Commission recommended that Council
approve the request for rezoning, advising that the
rezoning would place a legal, nonconforming use,
originally designed and built approximately 50 years ago
as two family dwellings, into a conforming zoning
district classification.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31272) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
134, Sectional 1976 Zone Map, City of Roanoke, to rezone
268
certain property within the City, subject to certain
conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 52,
page 289.)
The motion was seconded by Mr. Harvey.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning. There being none, Ordinance No. 31272 was
adopted, on its first reading, by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey, and Mayor Bowers 6.
NAYS: None -0.
(Vice-Mayor Fitzpatrick was absent.)
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,
December 14, 1992, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Joel L. Ewen
that a tract of land located on the southwesterly side of
Mexico Way, N. E., identified as Official Tax No.
7110105, be rezoned from RS-3, Residential Single Family
District, to C-2, General Commercial District, subject to
certain conditions proffered by the petitioner, the
matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
November 27, 1992, and Friday, December 4, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to permit
the construction of a professional office building, was
before Council.
The Planning Commission recommended that Council
approve the request, advising that the rezoning is
consistent with the existing zoning pattern and land use
in the immediate area and recommendations set forth in
the Comprehensive Plan.
(For full text, see report on file in the City Clerk's
Office.)
269
ACTION:
Mr. Musser moved that the following ordinance be
placed upon its first reading:
(#31273) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
711, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 291.)
The motion was seconded by Mr. Harvey.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning. There being none, Ordinance No. 31273 was
adopted, on its first reading, by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers- 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
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, December 14, 1992, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
the City of Roanoke to alter and close, by barricade, a
portion of Maitland Avenue, N. W., at its intersection
with Williamson Road and Woodbury Street, the matter was
before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
November 27, 1992, and Friday, December 4, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that Ordinance No. 30647-082691 authorized the temporary
closure, by barricade, of Maitland Avenue, N. W., between
Wiiliamson Road and Woodbury Street; that the barricade
was installed on September 11, 1991, on a trial basis,
which has expired; and reasons for the temporary closure
pertained to elimination of a sight clearance problem
experienced by motorists on Woodbury Street, was before
Council.
270
ACTION:
It was further advised that application for
permanent closure was received on September 23, 1992;
that Engineering staff has concluded that the traffic
volume on Maitland Avenue was reduced by two-thirds; that
the difficulty of the right turn from Wllliamson Road
onto Woodbury Street appears to be the cause; that the
primary reason for the closure was related to the
accident situation at the Wlll~amson Road/Maitland Avenue
intersection; that accident records indicate there were
no accidents reported at the intersection between the
installation of the barricade on September 11, 1991 and
the end of 1991, and no accidents were caused by
southbound Wllliamson Road traffic turning onto Woodbury
(instead of Maitland), nor by traffic turning from
Woodbury (instead of Maitland), onto Wllliamson Road,
therefor, success of the barricade is indicated.
The City Planning Commission recommended that
Council approve the request to permanently close, by
barricade, Maitland Avenue, N. W., between Wllliamson
Road and Woodbury Street.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31274) AN ORDINANCE authorizing the alteration
and closing by barricade of a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 292.)
The motion was seconded by Mr. McCadden.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for closure. There being none, Ordinance No. 31274 was
adopted, on its first reading, by the following vote:
AYES: Council Members McCadden, Musser, White,
~owles, Harvey and Mayor Bowers .......... 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
ZONING-POLICE DEPARTMENT-SIGNS/BILLBOARDS/AWNINGS-
ARCHITECTURAL REVIEW BOARD: Pursuant to Resolution No.
25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for
271
Monday, December 14, 1992, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on proposed
amendments and revisions to Chapter 36.1, Zoning, of the
Code of the City of Roanoke (1979), as amended, such
amendments and additions to define new terms, tow truck
operation and inoperative vehicle; permit day care
centers accessory to churches, synagogues and other
places of worship as special exception uses in certain
districts and as permitted uses in certain districts;
permit day care homes and day care centers accessory to
multifamily dwellings of 50 dwelling units or more in
certain districts; permit medical laboratories as special
exception uses in the C-2 District; permit a tow truck
operation as a special exception use in LM and HM
Districts; permit the retail sale of goods stored on the
premises in LM and HM Districts; amend sign regulations
in CN and C-1 Districts; amend general requirements for
all day care centers; regulate the storage of inoperative
vehicles; amend membership requirement for the
Architectural Review Board; require either a basic
development plan or a comprehensive development plan with
an application for a zoning permit; and repeal Section
21-40.1, Open storage of inoperative vehicles in
residential or commercial or agricultural districts, the
matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
November 27, 1992, and Friday, December 4, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the proposed amendments and revisions
is to address a number of uses currently not provided for
in the code and to clarify some provisions for more
effective zoning enforcement and ordinance
interpretation, was before Council.
The Planning Commission recommended that Council
approve the proposed zoning ordinance amendments and
revisions as presented, advising that amendments would
assist staff in providing more effective and efficient
code administration and enforcement; and requesting that
Council repeal Section 21-40.1 of the Code of the City of
Roanoke (1979), as amended, in light of the fact that one
of the zoning ordinance amendments presented would place
those same provisions under the correct enforcement
authority.
(For full text, see report on file in the City Clerk's
Office.)
272
ACTION:
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31275) AN ORDINANCE amending S36.1-25,
Definitions; S36.1-53, Special exception uses, by tile
addition of new subsection (11); subsection (a) of ~36.1-
72, Special exception uses, by the addition of new
subsection (12); S36.1-90, Special exception uses, by
the addition of new subsection (15); ~36.1-108, Special
exception uses, by the addition of new subsection (14);
~36.1-126, Permitted uses, by the addition of new
subsections (11), (12) and (13); ~36.1-145, Permitted
use~, by the addition of new subsections (6) and (7);
S36.1-207, Special exception uses, by the addition of new
subsection (10); ~36.1-250, Special exception uses, by
the addition of new subsections (6) and (7); ~36.1-271,
Special exception uses, by the addition of new
subsections (4) and (5); ~36.1-443, Sign regulations for
the CN and C-1 districts, by the addition of new
subsection (c); subsection (a) of ~36.1-511, General
reguirements for all day care centers; subsection (a) of
S36.1-571, Application; ~36.1-575, Submission
procedures; basic development plan, by the addition of
new subsection (c); and ~36.1-640, Appointment,
membership, of Chapter 36.1, Zoning, of the Code of the
City of Roanoke (1979), as amended, and adding new S36.1-
563, Application, ~36.1-564, Keeping of inoperative
vehicles, and S36.1-565, Removal of inoperative vehicles,
of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, and repealing ~21-40.1, Open
storage of inoperative vehicles in residential or
commercial or agricultural districts, of Chapter 21,
Offenses - Miscellaneous, of the Code of the City of
Roanoke (1979), as amended, such amendments and additions
shall define new terms, tow truck operation and
inoperative vehicle; permit day care centers accessory to
churches, synagogues and other places of worship as
special exception uses in RA, RS-l, RS-2, RS-3, and RM-1
Districts, and as permitted uses in RM-2 Districts;
permit day care homes and day care centers accessory to
multifamlly dwellings of fifty (50) dwelling units or
more in RM-2, RM-3 and RM-4 Districts; permit medical
laboratories as special exception uses in the C-2
District; permit a tow truck operation as a special
exception use in LM and }~ Districts; permit the retail
sale of goods stored on the premises in LM and HM
Districts; amend sign regulations in CN and C-1
Districts; amend general requirements for all day care
centers; require either a basic development plan or a
comprehensive development plan with an application for a
273
ACTION=
zoning permit; amend membership requirements for the
Architectural Review Board; regulate the storage of
inoperative vehicles; and such repeal relating to a code
section prohibiting the open storage of inoperative
vehicles.
(For full text of Ordinance, see Ordinance Book No. 54,
page 293.)
The motion was seconded by Mr. McCadden.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for amendments and revisions. There being none,
Ordinance No. 31275 was adopted, on its first reading, by
the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; and a
special award, being the annual Citizen of the Year
Award.
MINUTES: Minutes of the regular meetings of Council
held on Monday, August 10, 1992, and Monday, August 24,
1992, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. McCadden and
adopted by the following vote:
274
ACTION:
ACTION:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions'and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers --6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss a special award, being the annual Citizen of the
Year Award, pursuant to Section 2.1-344 (A)(10), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
a special award, being the annual Citizen of the Year
Award, pursuant to Section 2.1-344 (A)(10), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
275
ACTION:
ACTION:
OATHS OF OFFICE-COMMITTEES-YOUTH: A report of
qualification of George A. McLean, III, as a member of
the Youth Services Citizen Board, to fill the unexpired
term of Timothy M. Lewis, ending May 31, 1994, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers -6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent. )
OATHS OF OFFICE-HUMAN DEVELOPMENT-COMMITTEES: A
report of qualification of Michael W. Ridenhour and
Harold F. Dill as members of the Advisory Board of Human
Development, for terms of four years each, ending
November 30, 1996, was before Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUDGET-SCHOOLS: Mason Powell, Executive Vice-
President of the Roanoke Education Association, and Chair
of its Salary Committee, presented a prepared statement
on behalf of the membership of the Roanoke Education
Association, in connection with salary inequities for
school teachers, advising that all citizens will benefit
276
ACTION:
from a better educated workforce in the future, and it is
imperative that Council assume the leadership to increase
education funding.
(See statement on file in the City Clerk's Office.)
The Mayor advised that Mr. Powell's remarks would be
received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of $44,757.00
for the Regional Adult Literacy and Basic Education
Program for the operation of adult literacy programs,
said program to be reimbursed by Federal funds, was
before Council.
The Acting Director of Finance submitted a written
report recommending that Council concur in the request of
the School Board.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. McCadden offered the following emergency budget
ordinance:
(#31276-121492) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 276.)
Mr. McCadden moved the adoption of Ordinance No.
31276-121492. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers 6.
NAYS: None 0. ·
(Vice-Mayor Fitzpatrick was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
277
I~ENS RECONI'4END~D FOR ACTION:
HUMAN DEVELOPMENT-COMMITTEES-FIFTH PLANNING DISTRICT
COMMISSION: The City Manager submitted a written report
with regard to establishment of a Regional Disability
Services Board and appointment of one local official to
serve on said Board, advising that in 1991, Lt. Governor
Donald S. Beyer, formed the Commission on Coordination of
Delivery of Services to Facilitate Self-Sufficiency and
Support of Persons with Physical and Sensory Disabllities
to develop a plan for greater responsiveness to consumers
and improved coordination in addressing the goals and
needs of the citizens of the Commonwealth of Virginia
with physical and sensory disabilities; and in response
to the Commission's report, the Virginia General Assembly
enacted House Bill 15 which provides for establishment of
disability services boards throughout the Commonwealth.
It was explained that Section 51.5-47 of the Code of
Virginia (1950), as amended, requires local governments,
either singly or in combination with other localities, to
establish local disability services boards; that the
disability services boards will be responsible to local
government and primarily serve as a critical resource for
needs assessment, information sharing and service
opportunities; that the boards will be responsible for
formation of a report with a six-year projection of local
service needs and priorities to be used in planning by
relevant State agencies; and suggested guidelines for
establishment of the disability services board are as
follows:
membership of a board shall not exceed 15
members;
membership shall include at least one local
official from each of the participating
Jurisdictions, two representatives of the
business community, and consumers; and
the board should have no less than 30 per cent
representation by individuals or family
members of individuals with physical, visual,
or hearing disabilities.
It was advised that officials representing all local
governments in the Fifth Planning District have met and
agreed that it is desirable to participate in a regional
effort to establish a disability services board and
appoint a local official from each local government to
serve on said board; that at the first meeting, the nine
local government representatives will recommend and agree
upon the remaining six members in accordance with the
guidelines; that officials representing all local
278
ACTION:
governments agreed that the regional Disability Services
Board will develop its operating procedures including
designating terms of board members in accordance with
suggested guidelines; and the following Jurisdictions in
the Fifth Planning District have enacted or are in the
process of enacting measures establishing their
participation in a regional effort and have appointed a
local official to serve:
Town of Vinton
Roanoke County
City of Salem
City of Covington
Craig County
Botetourt County
City of Clifton Forge
Allegheny County
The City Manager recommended that Council establish
a regional disability services board in the Fifth
Planning District and that Donna S. Norvelle, Human
Development Coordinator, be appointed to serve on said
board.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31277-121492) A RESOLUTION providing for the
establishment of a regional Disability Services Board and
for the appointment of a local official to serve as an
ex-officio member of such Board.
(For full text of Resolution, see Resolution Book No. 54,
page 277.)
Mr. Harvey moved the adoption of Resolution No.
31277-121492. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers ................ 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-COMMONWEALTH'S ATTORNEY-POLICE DEPARTMENT:
The City Manager submitted a written report with regard
to the Forfeited Asset Sharing Program, advising that the
Virginia General Assembly passed State legislation in
1991 which allows local law enforcement to seize and have
forfeited property connected with illegal narcotic
279
ACTION:
distribution; that the law also makes it possible for
police departments to receive proceeds from the forfeited
properties; that application for an equitable share of
the property seized by local law enforcement must be made
to the Department of Criminal Justice Services, Forfeited
Asset Sharing Program, certified by the Chief of Police
as to the appropriate agency and representative to
receive the property; that property, including funds
shared with State and local agencies, may be used only
for the purpose stated in the application; and the
Department of Criminal Justice Services requires
participants in the Forfeited Asset Sharing Program to
submit an annual financial statement of receipts and
expenditures related to the program, certifying that the
proceeds were used for law enforcement purposes.
It was furthe~ advised that the Police Department
estimates that $14,193.00 will be received from the State
Forfeited Asset Sharing Program; that the Department of
Criminal Justice Services is the dispensing agent; that
dispensed funds are mailed to the Director of Finance,
City of Roanoke, for direct deposit from that office; and
Council's action is needed to accept the funds and
authorize the Director of Finance to establish Grant Fund
accounts from which the Police Department may dispense
the funds in accordance with provisions of the program.
The City Manager recommended that Council accept
funds from the Department of Criminal Justice Services,
Forfeited Asset Sharing Program; and authorize the
Director of Finance to appropriate $14,193.00 to Capital
Outlay/Other Equipment, Account No. 035-050-3302-9015,
and establish a revenue estimate in the amount of
$14,193.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31278-121492) AN ORDINANCE to amend and reordatn
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 278.)
Mr. Musser moved the adoption of Ordinance No.
31278-121492. The motion was seconded by Mr. Harvey and
adopted by the following vote:
280
ACTION=
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers- 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
TRAFFIC-PUBLIC WORKS-STREETS AND ALLEYS: The City
Manager submitted a written report advising that traffic
paint is necessary to properly mark the City streets, and
recommending that Council accept the bid submitted by
Llnear Dynamics, Inc., to supply 6,300 gallons of traffic
paint, for a total cost of $36,324.00, and reject all
other bids received by the City.
(For full text, see report on file in the City Clerk's
Mrs. Bowles offered the following resolution:
(#31279-121492) A RESOLUTION accepting the bid of
Linear Dynamics, Inc., made to the City for furnishing
and delivering traffic paint; and rejecting all other
bids made to the City.
(For full text of Resolution, see Resolution Book No. 54,
page 279.)
Mrs. Bowles moved the adoption of Resolution No.
31279-121492. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers ......... 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-PUBLIC WORKS-UTILITY LINE SERVICES-WATER
RESOURCES-EQUIPMENT: The City Manager submitted a
written report advising that Capital Maintenance and
Equipment Replacement needs have been identified for
various departments, and identified trucks and related
equipment are necessary to continue to perform assigned
duties and responsibilities in the most efficient and
effective manner, therefor, bids were received on
November 12, 1992, for vehicles to be used by the
Building Maintenance, Street Maintenance, Grounds
Maintenance, Utility Line Services and Water Pollution
Control departments.
281
The City Manager recommended that Council accept the
following bids and reject all other bids received by the
City:
One new cab/chassis for flat bed body from
Farrell Ford, Inc., for a total amount of
$15,185.22.
Four new one-ton crew cab pick-up trucks from
Berglund Chevrolet, Inc., for a total amount
of $91,966.40.
One new one-half ton pick-up truck from
Dominion Car Company, for a total amount of
$13,561.88.
One new one-ton cab/chassis from ~arrell Ford,
Inc., for a total amount of $14,266.22.
One new utility body, to be mounted on Item
#4, from General Truck Body Company, for a
total amount of $2,340.00.
One new three-fourths ton cab/chassis, four-
wheel drive from Dominion Car Company, for a
total amount of $14,552.34.
One new utility body to be mounted on Item #6,
from General Truck Body Company, for a total
amount of $2,340.00.
0
One new cab/chassis for heavy duty service
body from Magic City Ford, for a total amount
of $21,626.23.
0
One new heavy duty service body to be mounted
on Item #8, from General Truck Body Company,
for a total amount of $4,189.00.
10.
One new cab/chassis for a 10-foot dump truck
from Berglund Chevrolet, Inc., for a total
amount of $19,868.09.
11.
One new 10-foot dump body to be mounted on
Item #10 from Truck Body Corporation, for a
total amount of $4,299.83.
12.
One new one-half ton full size pick-up truck
from Dominion Car Company, for a total amount
of $11,866.77.
282
ACTION:
The City Manager further recommended that funding be
provided as follows:
transfer $15,185.22 from Building Maintenance,
Account No. 001-052-4330-9010, to Fleet
Management Fund, Account No. 006-052-2641-
9010, for purchase of Item #1;
$45,983.20 is available in the Fleet
Management Fund, Account No. 006-052-2641-
9010, for purchase of two units of Item #2;
appropriate $45,983.20 from Capital
Maintenance and Equipment Replacement Account
to Fleet Management Fund, Account No. 006-052-
2641-9010, for purchase of two units of Item
#2;
appropriate $97,043.59 from Utility Line
Services Retained Earnings Account to Utility
Line Services, Account No. 006-056-2625-9010,
for purchase of Items #3 through #11; and
$11,866.77 is available in Water Pollution
Control, Account No. 003-056-3175-9010, for
purchase of Item #12.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31280-121492) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General, Internal Service
and Sewage Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 280.)
Mr. Harvey moved the adoption of Ordinance No.
31280-121492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, and Harvey
NAYS: None
(Vice-Mayor Fitzpatrick
abstained from voting.)
was
absent.)(Mayor
-5.
Bowers
283
ACTION:
Mr. Harvey offered the following resolution:
(#31281-121492) A RESOLUTION accepting bids for
certain vehicular equipment, and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 54,
page 282.)
Mr. Harvey moved the adoption of Resolution No.
31281-121492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, and Harvey ......... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)(Mayor Bowers
abstained from voting.)
BUDGET-UTILITY LINE SERVICES-EQUIPMENT-PUBLIC WORKS:
The City Manager submitted a written report advising
that certain equipment needs have been identified in the
Utility Line Services department; whereupon, he
recommended that Council accept the following bids and
reject all other bids received by the City:
one new
compressor
Inc., for
$9,350.00;
trailer mounted air
from Scott Gallaher,
the total amount of
one new rubber tired loader/backhoe
from Shelton-Witt Equipment
Corporation, for the total amount of
$46,036.00; and
one new high velocity vacuum waste
removal unit from Cavalier Equipment
Corporation, for the total amount of
$130,162.51.
It was further recommended that Council appropriate
$185,548.51 from the Utility Line Services Retained
Earnings Account to Utility Line Services, Account No.
006-056-2625-9010, to provide funds for purchase of the
abovedescribed equipment.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
284
ACTION:
ACTION=
(#31282-121492) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Internal Service Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 283.)
Mrs. Bowles moved the adoption of Ordinance No.
31282-121492. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
Mrs. Bowles offered the following resolution:
(#31283-121492) A RESOLUTION accepting bids for
certain Utility Line Service equipment, and rejecting
other bids.
(For full text of Resolution, see Resolution Book No. 54,
page 284.)
Mrs. Bowles moved the adoption of Resolution No.
31283-121492. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
CITY ATTORNEY:
CITY EMPLOYEES-CITY ATTORNEY: The City Attorney
submitted a written report advising of the appointment
Gladys L. Yates as Assistant City Attorney, effective
December 28, 1992.
Mr. Dlbling stated that Ms. Yates received her
undergraduate degree from the University of Virginia in
1987, and received her law degree from Washington and Lee
University School of Law in 1990; that she graduated in
the top 15 per cent of her class at Washington and Lee
and was honored by being named the Outstanding Woman Law
Graduate; that following her graduation, she was selected
as Law Clerk by the Honorable H. Clyde Pearson, United
States Bankruptcy Judge for the Western District of
285
Virginia, and served In this capacity for 11 months; that
from July 1991, to the present, she has been an associate
with Hunton & Williams at the firm's Washington, D. C.,
office; and Ms. Yates was selected from an extremely
well-qualified field of 65 applicants.
(For full text, see report on file in the City Clerk's
Office.)
The Mayor advised that the report would bo received
and filed.
REPORTS OF COMMITTEES:
LEGISLATION-SCHOOLS-CITY GOVERNMENT: Vice-Mayor
Fitzpatrick and Council Member White, Co-Chairpersons of
the Legislative Affairs Committee, submitted a written
report transmitting the proposed Legislative Program for
the 1993 Session of the General Assembly, advising that
the paramount issue presented by the Legislative Program
is a request by the City and the School Board that the
Commonwealth of Virginia provide more equitable funding
for the City's school division.
It was further advised that previous Legislative
Programs of the City have been responsible for improving
the efficiency of local government and the quality of
life of citizens of the City of Roanoke.
It was explained that proposed City Charter
amendments will require a public hearing, and it is
recon%mended that Council, by motion, establish a public
hearing to be held on January 4, 1993.
The Co-Chairpersons recommended that Council adopt
a measure endorsing the 1993 Legislative Program and
commending the document to the City's delegation to the
1993 Session of the General Assembly of Virginia.
(For full text, see report on file tn the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31284-121492) A RESOLUTION adopting and endorsing
a Legislative Program for the City to be presented to the
City's delegation to the 1993 Session of the General
Assembly.
(For full text of Resolution, see Resolution Book No. 54,
page 285.)
286
ACTION:
ACTION:
Mr. White moved the adoption of Resolution No.
31284-121492. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
AUDIT COMMITTEE: Council Member William White, Sr.,
Chairperson of the Audit Committee, presented minutes of
the Audit Committee meeting which was held on Monday,
December 7, 1992, at which time the Committee met in
Executive Session to discuss a personnel matter, being
the performance of a specific public officer, pursuant to
Section 2.1-344(A)(1), Code of Virginia (1950), as
amended.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the minutes be received and
filed. The motion was seconded by Mr. Harvey and
adopted.
UNFINISHED BUSINESS:
ANNEXATION/CONSOLIDATION: The City Manager
submitted a written report advising that on Monday,
October 12, 1992, Council reviewed Resolution 816,
adopted by the Town of Vinton, requesting that the City
agree to adjust and relocate its existing corporate
boundary on behalf of William P. Vtnyard; that Mr.
Vinyard owns a parcel of land, identified as Official Tax
No. 7010202, which is bisected by the boundary line that
separates the City of Roanoke and the Town of Vinton; and
a City Planning Commission report recommended that
Council approve the requested adjustment, as well as
adjust the boundary in a manner that would correct its
existing alignment that divides certain other buildings
and lots tn an arbitrary manner.
It was further advised that Robert W. Benninger,
Assistant Town Manager of Vinton, expressed concerns
relative to the recommended adjustments and requested
that consideration be given to the need for further
adjustment and alteration of the boundary to allow
certain Vtnton residents to remain in the Town of Vinton,
at which time Council continued the matter in order to
provide sufficient time for City staff and the Town of
Vlnton to resolve concerns.
287
ACTION=
It was pointed out that City Planning staff has met
with officials of the Town of Vinton and certain
adjustments to the Planning Commission's original
recommendation have been proposed in order to resolve
concerns; and the revised proposal has been agreed upon
and is acceptable to proper officials representing the
Town of Vlnton and Roanoke County.
The City Manager recommended that Council approve
the revised proposal to provide for certain adjustments
in the location of the City's existing corporate
boundary; that the City Manager be authorized to initiate
appropriate legal proceedings, pursuant to said
agreement, which is to be approved as to form by the City
Attorney, in accordance with requirements of Section
15.1-1031.1, et.seq, of the Code of Virginia (1950), as
amended; that the City Clerk be authorized to cause the
description of such boundary to be duly published as
required by Section 15.1-1031.2 of the Code of Virginia
(1950), as amended; and upon completion of the abovecited
legal proceedings, the matter shall be brought before the
City Planning Commission for public notice and
recommendation as required by Section 15.1-456, Code of
Virginia (1950), as amended, as an amendment to the
City's Comprehensive Plan.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31285) AN ORDINANCE authorizing the Mayor to
execute an agreement between the Town of Vinton, the
County of Roanoke, and the City of Roanoke relating to
the boundary line between said governmental entities,
directing the City Clerk to cause a description of such
boundary to be published as provided by law, and
directing that certain other actions relating to such
boundary line be taken as provided by law.
(For full text of Ordinance, see Ordinance Book No. 54,
page 300.)
The motion was seconded by Mr. McCadden and adopted
by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers ....... 6.
NAYS: None. 0.
(Vice-Mayor Fitzpatrick was absent.)
288
Mr. Robert W. Benninger, Assistant Town Manager,
Town of Vinton, advised that the issues with regard to
Vinyard Park have been resolved.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
BUDGET-POLICE DEPARTMENT: The Mayor advised that
some time ago, he, along with the Vice-Mayor, discussed
the matter of a mounted police patrol for downtown
Roanoke with the Executive Director of Downtown Roanoke,
Inc. He stated that two patrolmen from the City of
Richmond visited Roanoke in connection with "Dickens of
a Christmas" to indicate what could be done if the City
were to implement such a program.
Mayor Bowers suggested that the matter be referred
to 1993-94 budget study for review and consideration.
OTHER HEARINGS OF CITIZENS:
COMMITTEES-ZONING: Mr. Robert R. Copty, member of
the Board of Zoning Appeals, advised that pursuant to
provisions of Ordinance No. 26305 which provides that
members of permanent authorities, boards, commissions and
committees may be reappointed for three consecutive terms
of office, four out of a total membership of five Board
of Zoning Appeals members will be ineligible for
reappointment when their terms expire on December 31,
1992. He requested that Council make a special exception
in this instance so that the terms of the members of the
Board will not expire simultaneously and referred to a
City Charter amendment which was signed by the Governor
providing for staggered term appointments for Board
members. He explained that it would be difficult to
function effectively with four new members on a Board
that requires a great deal of consistency and continuity
in its decisionmaking. He requested that Council
reappoint members of the Board whose terms will expire on
December 31, 1992 on a staggered term basis, so that all
terms will not expire simultaneously in the future.
(See communication from L. Elwood Norris, Chairperson,
Board of Zoning Appeals, under date of December 11,
1992.)
289
ACTION:
AC?ION:
Following discussion, the City Attorney was
requested to prepare the proper measure providing for
staggered terms of office for current members of the
Board of Zoning Appeals who are subject to the term
limitation set out in Ordinance No. 26305.
At 8:35 p.m., the Mayor declared the meeting in
recess.
At 9:25 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
COMMITTEES-PLANNING: The Mayor advised that the
four year terms of Carolyn Hayes-Coles, John P. Bradshaw,
Jr., and Richard L. Jones as members of the City Planning
Commission will expire on December 31, 1992, and called
for nominations to fill the vacancies.
Mr. McCadden placed in nomination the
Carolyn Hayes-Coles, John P. Bradshaw,
Richard L. Jones.
names of
Jr., and
There being no further nominations, Ms. Coles and
Messrs. Bradshaw and Jones were reelected as members of
the City Planning Commission, for terms of four years
each, ending December 31, 1996, by the following vote:
FOR MS. COLES AND MESSRS. BRADSHAW AND JONES:
Council Members McCadden, Musser, White, Bowles, Harvey
and Mayor Bowers 6.
(Vice-Mayor Fitzpatrick was absent.)
29O
CO~R4I~EES-COURT COMMUNITY CORRECTIONS BOARD: The
Mayor advised that the three year term of Beverly T.
Fitzpatrick, Sr., as a member of the Court Community
Corrections Board will expire on December 31, 1992, and
called for nominations to fill the vacancy.
Mr. McCadden placed in nomination the name of
Beverly T. Fitzpatrick, Sr.
ACTION:
There being no further nominations, Mr. Fitzpatrick
was reelected as a member of the Court Community
Corrections Board, for a term of three years, ending
December 31, 1995, by the following vote:
FOR MR. FITZPATRICK: Council Members McCadden,
Musser, White, Bowles, Harvey and Mayor Bowers 6.
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: Mr. McCadden offered the following
resolution cancelling the regular meetings of City
Council scheduled for December 21 and 28, 1992:
(#31286-121492) A RESOLUTION cancelling the regular
meetings of City Council scheduled for December 21
and 28, 1992.
(For full text of Resolution, see Resolution Book No. 54,
page 286.)
ACTION=
Mr. McCadden moved the adoption of Resolution No.
31286-121492. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Harvey and Mayor Bowers 6.
NAYS: None ......... 0.
(Vice-Mayor Fitzpatrick was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 9:30 p.m.
APPROVED
ATTEST: ~~
City Clerk
Mayor
291
SPECIAL MEETING ......... ROANOKE CITY COUNCIL
December 16, 1992
7:30 p.m.
The Council of the City of Roanoke met in special session in
the Roanoke Civic Center Exhibition Hall, City of Roanoke, on
Wednesday, December 16, 1992, at 7:30 p.m., pursuant to Section 10,
Meetings of Council, of the Roanoke City Charter; and pursuant to
com~unication from the Mayor under date of December 10, 1992, with
Mayor David A. Bowers presiding.
PRESENT: Council
Beverly T. Fitzpatrick, Jr.,
McCadden, Howard E. Musser,
David A. Bowers
Members Elizabeth T. Bowles,
James G. Harvey, II, Delvis O.
William White, Sr., and Mayor
ABSENT: None
e
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dlbling, Jr., City Attorney; James D. Grisso, Acting Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
The Mayor advised that the purpose of the Special
Meeting is to conduct a public hearing with regard to the
location of a proposed project involving the realignment
of Wells Avenue, N. W., from Williamson Road to Second
Street. He referred to the following communication
calling the Special Meeting of Council:
"December 10, 1992
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter, I am
calling a Special Meeting of the Council of the City of
Roanoke, on Wednesday, December 16, 1992, at 7:30 p.m.,
in the Roanoke Civic Center Exhibition Hall. The purpose
292
of the meeting is to conduct a public hearing on the
Wells Avenue Realignment Project.
Sincerely,
/S/ David A. Bowers
David A. Bowers
Mayor"
The Mayor suggested that remarks be limited to no
more than five minutes per speaker and requested that all
comments be germane to the topic.
Legal advertisement of the public hearing was
published in The Roanoke Times & World-News on Friday,
November 27, 1992, and Friday, December 4, 1992.
(See affidavit on file in the City Clerk's Office.)
Mr. Musser offered the following resolution:
(#31287-121692) A RESOLUTION approving the location
of a proposed project involving the realignment of Wells
Avenue, N. W., from Williamson Road to Second Street,
N. W.
(For full text of Resolution, see Resolution Book No. 54,
page 287.)
ACTION:
Mr. Musser moved the adoption of Resolution No.
31287-121692. The motion was seconded by Mr. Harvey.
William F. Clark, Director of Public Works,
expressed appreciation for the opportunity to present
information concerning the realignment and widening of
Wells Avenue, between Williamson Road and Second Street,
N.W. He advised that as far back as 1963, the Roanoke
Valley Regional Area Thoroughfare Plan included a
recommendation for an east/west connector along the Wells
Avenue/Loudon Avenue corridor which was approved by the
City Planning Commission and City Council as a part of
the thoroughfare Element of the City's Comprehensive Plan
in 1977. He stated that the Wometco project, which was
approved in 1983, required relocation of certain portions
of the alignment of this proposed east/west corridor;
that on April 13, 1987, Council requested the Virginia
Department of Transportation to program a number of
street improvement projects in the City, including Wells
293
Avenue from Williamson Road to First Street, and First
Street from Salem Avenue to Orange Avenue; and the
Highway Department accepted the requests and preliminary
work began.
Mr. Clark advised that during a press conference on
April 11, 1989, results of the Focus '89 Downtown North
Development Plan were released, and recommendations
included a new four lane Second Street Bridge instead of
replacing the existing structure on First Street, and
realignment of Wells Avenue to connect with Gilmer
Avenue. He explained that on June 12, 1989, Council
approved amendments to the consultant contract and
authorized work to proceed on Second Street/Gainsboro
Road and Wells Avenue; that location and major design
features of Second Street/Gainsboro Road were approved on
October 1, 1990, and the project is currently in the
right-of-way acquisition stage with construction to
commence in 1993.
Mr. Clark stated that for the past three years,
representatives of the City have met with various
individuals and organizations concerning plans to realign
and widen Wells Avenue between Wllliamson Road and Second
Street; that with the assistance of the City's consulting
engineers, numerous alternate alignments have been
studied; that these meetings and studies culminated in a
community meeting on June 30, 1992, at First Baptist
Church that was attended by approximately 175 interested
citizens, at which time City staff presented what was
then the City's preferred Alternative "C" which was
generally in keeping with the recommended alignment
contained in the Focus '89 plan that would have connected
Wells Avenue with Gllmer Avenue to provide continuity of
traffic flow in an east/west direction, as well as serve
as the northern leg of the downtown inner loop. He
explained that during the community meeting, City staff
heard the citizens loud and clear; and that there was
concern with regard to the number of residential
structures affected, the anticipated impact on the
community, and citizens did not like Alternative "C".
Therefore, he stated that City staff went back to the
"drawing board" to see if the City could accommodate the
desires of citizens with the need for street improvements
in the area. He added that with the assistance of the
City's consultants, City staff developed another
alternative generally following the existing corridor of
Wells Avenue between Williamson Road and proposed Second
Street, including elimination of the offset intersection
294
at Wells Avenue and Jefferson Street, which will fulfill
the need for the northern leg of the inner loop and
minimize intrusion into the adjoining neighborhood.
The Director of Public Works advised that a public
hearing before the City Planning Commission was scheduled
for August 5, 1992, however, at the request of the City
Manager, the Planning Commission agreed to cancel its
public hearing in order to allow the City Administration
sufficient time to meet with several organizations with
an interest in the Gainsboro neighborhood; and for the
past four months, those discussions have been pursued in
earnest, and it is felt that the delay has resulted in an
even better road improvement project and an enhanced
future for the Gainsboro neighborhood. He explained that
following a public hearing which was held by the City
Planning Commission on November 18, 1992, the Planning
Commission voted to recommend to Council approval of the
current proposal for Wells Avenue.
Mr. Clark introduced Gene R. Cress, representing the
local firm of Mattern & Craig, the City's consulting
engineers for Second Street/Gainsboro Road and Wells
Avenue, to review the traffic need for the Wells Avenue
project, along with numerous alternatives that were
considered, and how recommended alternatives will fulfill
the needs.
Mr. Cress addressed the Regional Transportation Plan
and how the project under consideration fits in with
overall long-range transportation improvements, traffic
volumes, alternatives considered for this particular
project, and the recommended alternatives. He stated
that implementation of the project will be the
fulfillment of a part of the transportation planning
process which has been going on in the Roanoke Valley
since 1963; that the Wells Avenue improvement is one of
many projects that will be integrated with existing and
other planned facilities to meet the area's
transportation needs; and the project has been a part of
the continuing cooperative and comprehensive planning
which has been done in the Fifth Planning District since
development of the first Major Arterial Highway Plan for
the Roanoke Valley.
Mr. Cress explained that passage of the Federal
Highway Act in 1962 requires all long-range
transportation projects of this nature to be a part of
the 3C transportation planning process with the goal to
develop a coordinated transportation system that will
provide for the safe and efficient movement of people and
295
goods within and through an area. He stated that since
1969, numerous projects that are a part of the
Thoroughfare Plan have been completed and referred to
copy of the 1995 Thoroughfare Plan, advising that some of
the projects which have been completed as a part of the
Plan include: WonJu Street from Franklin Road to
Colonial Avenue, Kimball Avenue from Orange Avenue to
Williamson Road, Tenth Street from Patterson Avenue to
Gilmer Avenue, Franklin Road from McClanahan Street to
the old corporate limits, the Southwest Expressway from
Elm Avenue to Franklin Road, Orange Avenue from 581 to
the east corporate limits, and Brandon Avenue from
Colonial Avenue to Franklin Road. He advised that other
projects recently completed, or under design, include
Franklin Road from Mountain Avenue to Third Street, and
Peters Creek Road from Melrose Avenue to Lee Highway. He
stated that this project is but one of many that has been
in the planning stage for a number of years; that it is
not an isolated undertaking inasmuch as Wells Avenue was
planned for improvements before the renovation of Hotel
Roanoke was conceived; and it is needed and Justified on
the basis of serving traffic in the Roanoke Valley
without the Hotel project. Mr. Cress pointed out that in
1988, Mattern & Craig was retained by the City to prepare
an environmental assessment and construction documents
for Wells Avenue improvements, and the environmental
assessment was prepared and published for the Second
Street/Gainsboro Road design public hearing which was
held on May 22, 1990. He advised that the proposed
project will meet the following transportation needs:
improve accessibility
around downtown,
into and
implementation of the inner loop
system recommended in the Focus '89
report, and
accommodatio~ of east/west traffic
movements.
Mr. Cress advised that in any transportation study,
the first alternative is to consider what is referred to
as a "no build" situation, meaning that nothing is done.
He explained that the Roanoke Area Thoroughfare Plans,
both the 1985 and the 1995 Plans, identified the need for
additional traffic carrying capacity on the existing
street system, both for access to downtown in the
north/south direction and in the east/west direction on
the north side of the railroad tracks; and the studies
indicated that existing streets in downtown, such as
296
Willtamson Road, and streets carrying east/west traffic,
such as Orange Avenue, would be overloaded in the future
if no improvements are made. He further explained that
the result of a "no build" alternative would be
increasingly unacceptable congestion in the Central
Business District and areas surrounding downtown, thereby
resulting in ever increasing use of neighborhood streets
as access routes. He advised that the question has been
asked, if population is not growing in the City of
Roanoke, why is traffic? He referred to census data
confirming that although the City's population is not
experiencing growth, population in the overall Roanoke
Valley is increasing. He also referred to recent
statistics which indicate that since 1983, the national
population has increased by six per cent, the number of
households has increased by nine per cent, the number of
workers has increased by 15 per cent, the number of
vehicle trips has increased by 25 per cent, and the
number of vehicle miles has increased by 40 per cent. He
stated that we are a more mobile nation, making more
trips of a longer duration; that vehicle registrations
are up, and therefore, traffic is continuing to increase.
Mr. Cress stated that the Second Street/Gainsboro
Road project has been designed to address the need for
additional capacity and improved access into downtown,
however, by itself, the Second Street/Gainsboro Road
project does not handle all of the projected demand, and
there is still the need for an improved east/west route.
He advised that several alternatives have been
investigated for this proposed project; that it has been
suggested that improving Orange Avenue is all that would
be necessary, but based on projected traffic this is not
the case inasmuch as the transportation study points out
that even improving Orange Avenue to six lanes would not
carry all of the projected traffic demands, therefore,
other improved routes need to be provided as well. He
stated that as an alternative to improving Wells Avenue
to accommodate the projected east/west traffic,
Shenandoah Avenue was suggested for consideration,
however, improvements to Shenandoah Avenue in its present
location would create an offset intersection with
Williamson Road, and the short distance between the
signalized intersections on Williamson Road between Wells
Avenue and Shenandoah Avenue would result in an
overloading of this section of roadway. He further
stated that another project, with Shenandoah Avenue as an
alternative, would be that Shenandoah Avenue could not
serve as part of the inner loop for accessibility into
downtown because of its proximity to the railroad and the
difference in elevation between Shenandoah Avenue and the
297
proposed Second Street/Gainsboro Road project, therefore,
no physical tie exists between the two. He added that
use of a tunnel to satisfy traffic needs was mentioned
during alignment studies on the project; and a tunnel
alternative was investigated at the request of certain
citizens, but because of the topography of the area, the
shell type soil and the short distance between termini,
a tunnel would not be feasible. He advised that
construction could only be undertaken using what is known
as a "cut and covered" technique which would require
displacement of all of the structures over the tunnel.
He stated that employment of reversible lanes was another
request that was heard, advising that reversible lanes
are normally reserved for radial routes leading into or
away from the downtown area. He noted that traffic
should predominantly flow in one direction in order to be
effective, and this is not the case for this particular
project where traffic is split about fifty-fifty during
peak hours.
Mr. Cress explained that in order to provide for the
safe and efficient movement of traffic into and around
the Central Business District, alignments for a new,
improved roadway were studied and several alternative
alignments and variations were shown on an exhibit. He
stated that only three-tenths of a mile exists between
the fixed termini for the east/west route between Second
Street, S. W., and Williamson Road; however, two separate
corridors were considered in conjunction with the
project, i.e.: Wells Avenue and a combination between
Gilmer Avenue and Wells Avenue. He added that a new
four-lane street was considered in each corridor and the
Wells Avenue corridor basically follows the alignment of
the existing street, except that it eliminates the offset
intersection which presently exists with Jefferson
Street. He advised that between the Second
Street/Gainsboro Road project and Jefferson Street, Wells
Avenue would be widened on the north side, that between
Jefferson Street and Commonwealth Avenue, the alignment
is on new location, and at Commonwealth Avenue it ties
back into existing Wells Avenue. He explained that
utilization of the Gilmer Avenue corridor requires a
connection with Wells Avenue, and alignment studies were
made which provided for this connection on a new location
both east and west of the Second Street/Gainsboro Road
project. He stated that there were differences in
length, the number of houses and commercial properties
that would be affected by the various alternatives and
the cost varied according to the alternatives selected.
He further stated that in order to reach the point of
making a recommendation concerning an alternative to be
298
selected for design, representatives of the City have met
with various individuals and organizations for a number
of months; that to accommodate the desires of citizens,
along with the need for street improvements in the area,
involved both give and take; and the recommended
alternative involves compromise on both sides.
Mr. Cress referred to an exhibit depicting the
recommended alignment, advising that the recommended
alternative begins at Wells Avenue and Williamson Road,
parallels Wells Avenue behind the Hotel Roanoke and
realigns the intersection at Jefferson Street to remove
the current offset intersection near Stone Printing and
First Baptist Church. He stated that Wells Avenue would
be widened south of the Church within the additional land
which the Church anticipated would be needed for widening
when the property was acquired, and the project would
terminate with a signalized intersection at the new
Second Street. He further stated that left turns would
be prohibited for northbound Second Street onto Gilmer
Avenue west, and the entire distance between Wells Avenue
and Gilmer Avenue could be used for left turn storage for
traffic traveling in the southbound direction. He
explained that to accommodate westbound traffic on Wells
Avenue with a destination beyond Second Street, signs
would be erected encouraging motorists to turn north on
Jefferson Street and west on Gllmer Avenue, and motorists
coming out of downtown with a destination west of Second
Street would quickly learn to use either the Fifth Street
Bridge or the Tenth Street Bridge. He added that there
are five commercial properties and two residences on the
north side of Wells Avenue behind the Hotel which would
need to be acquired.
Mr. Cress advised that roads are key elements in the
master development plan for the northern part of downtown
which includes the Gainsboro neighborhood, as well as
Henry Street development, and the Hotel Roanoke. He
stated that this project is compatible with local and
regional planning goals and based on comparative
evaluations of the alternates and the purpose of the
proposed action, the recommended alternative will be in
the best public interest for meeting the transportation
demands for highway travel through the project area and
is in keeping with the transportation planning process
for the Roanoke Valley.
The City Manager advised that in late July 1992,
when he was prepared to submit a recommendation on Wells
Avenue to the City Planning Commission, the City received
feedback through public meetings on the initial proposed
299
roadway and went back to the "drawing board" to come up
with a compromise road; however, even with the new road,
there was great concern about the road project, its
impact on the community and the message it might send to
the community. Therefore, he further advised that he
withdrew a request to appear before the City Planning
Commission and embarked on a series of meetings with a
group of citizens concerned about the proposed Wells
Avenue widening project which was an important step
because it gave the City time to stop, listen and work to
understand what was in the best interest of the
neighborhood. He stated that after a long period of
discussion, some of the seven groups involved in a
Coalition decided not to continue talks on the
realignment on Wells Avenue, however, he continued to
meet with a group that included representatives from the
Gainsboro Neighborhood Development Corporation, First
Baptist Church, the Southwest Virginia Community
Development Fund and Total Action Against Poverty, all of
whom own property and have implemented development
projects in the Gainsboro area.
Mr. Herbert advised that this evening, he was
recommending to Council that the two blocks of Wells
Avenue be realigned and widened from Wllliamson Road to
Second Street, N. W., along the current Wells Avenue
alignment, which was the City's compromise route selected
in July 1992 after numerous neighborhood meetings with
interested groups. He pointed out that the first
recommendation involved an alignment that was north of
Wells Avenue and would have taken 12 homes and two
businesses, while the revised route would require the
City to acquire only two houses and five commercial
buildings, four of which are presently vacant. He
advised that to the best of his knowledge, none of the
owners of these properties have previously spoken out
against the project at any of the meetings or public
hearings, and the City has tried to work closely with the
owners of the houses or their heirs to understand how the
recommendation would impact their particular homes. Also,
he stated that he has worked with the Coalition regarding
additional projects for renovation of the neighborhood,
as well as opportunities for minority and small business
owners, and although such discussions and work will
continue, he has agreed to the following goals that will
b6 addressed as a part of the process:
to have a road design that will
increase the aesthetic appeal of
First Baptist Church and other sites
along Wells Avenue while promoting a
300
complimentary blend of existing
structures and new development, such
as future church expansion of First
Baptist Church;
intensive and extensive outreach and
technical assistance to local and
minority contractors regarding the
Hotel and Conference Center projects
such as pre-bid meetings, etc.;
a micro-business loan pool which
would consist of funds to assist
small businesses with startup and
expansion funds;
development of a strategy for
housing rehabilitation and new
housing construction for Gainsboro,
which will include a needs
assessment and the identification of
resources for loans and/or grants;
that a subcommittee has been
appointed from the Coalition and the
City; and neighborhood residents
will also be asked to assist with
the assessment and subsequent
process;
customized Job training for local
residents interested in working at a
re-opened Hotel Roanoke so that a
large pool of trained employees will
be available to fill Jobs in the
Hotel and Conference Center; and
development of a professional park
within Gainsboro to fulfill the need
for a minority business incubator in
the community.
The City Manager pointed out that the City and the
Coalition have agreed that goals will be established for
housing, employment, business and minority contracting
objectives. In addition, he stated that a Joint City/
Community Review Committee will be established to monitor
progress on an ongoing basle; that other issues being
discussed include the level of minority participation in
the planning and development of the Henry Street project
and the need for certain improvements to the Oainsboro
Library; and the City will offer to facilitate with the
301
assistance of the City Planning Commission in an
educational/informational effort for Gainsboro
neighborhood residents on the impacts and benefits of
historic designation and to pursue such designation as
supported by residents of the area.
Mr. Herbert advised that this is more than Just a
road project, and he will return to Council with specific
recommendations in regard to the goals above-mentioned,
some within the next three to six months and others as
the overall progress of the project allows the City to
move forward; and he has assigned the Director of Public
Works to serve as the City's representative to follow
through on implementation of the goals. He pointed out
that not only is the project not Just a road project, and
it is not Just an issue of Jobs and neighborhood
improvements, rather it has a lot to do with the history
of the Gainsboro neighborhood.
The City Manager stated that he did not know what it
was like in the days of urban renewal, however, he has
listened to others describe how urban renewal impacted
them and their families; and while there might have been
certain benefits to the community, urban renewal
disrupted the lives, the traditions and the history of
large groups of people. He explained that the fact that
the City has worked with the citizens and has taken time
to listen to their concerns is testament to the fact that
the City has no intention of letting history repeat
itself. He stated that this neighborhood is important,
and the road as well as the goals above set forth are
critical; that he is not attempting to buy goodwill with
the goals, rather he has committed to the goals because
they are the right thing to do, and they will be followed
through because they are critical to the community, to
community relations and to race relations.
The City Manager explained that when he met with and
listened to citizens, he learned that their feelings run
deep, and for many citizens, it is an issue of
credibility; that the City is now in the position where
it must earn the trust of citizens; and the City needs to
work to build the relationships between the City
government and the Gainsboro neighborhood. He advised
that his recommendation will not please everyone, but
requested that any Judgement not be made based solely on
what has happened in Gainsboro over the past 30 to 40
years, but instead, on the results of five years from now
when the work has been completed.
302 '
In closing, the City Manager expressed appreciation
to all citizens who have been involved in the process,
advising that the process, though difficult at times for
all involved, has brought forward a better project,
improvements for the neighborhood and long term
improvements for the entire City.
A report of the City Planning Commission
recommending approval of the recommended alignment of
Wells Avenue, advising that the proposed alignment is in
accordance with the Comprehensive Plan and provides the
best overall community solution to the problem of
avoiding congestion by accommodating future traffic
growth projected for this roadway corridor, was before
Council.
The Planning Commission further recommended that
Council give serious consideration to: (1) relocating the
existing residential structures on Wells Avenue; (2)
extending the landscaping and period lighting proposed on
Wells Avenue to Jefferson Street and Patton Avenue; and
(3) insuring that the proposed parking areas associated
with the proposed Hotel and Conference Center project are
adequately landscaped.
(For full text, see report on file in the City Clerk's
Office.)
A communication from Dr. John R. Kern, Executive
Director, Roanoke Regional Preservation Office, advising
that the Virginia Department of Historic Resources has
determined that the Gainsboro neighborhood is eligible
for listing in the National Register of Historic Places
because it represents the only surviving fabric of the
black community associated with the post-1882 rise of
Roanoke as a major rail center, was before Council. He
stated that the Department of Historic Resources and the
Roanoke Regional Preservation Office have worked with
Roanoke City officials for three years to minimize
adverse effects which the inner loop project will have
upon the Gainsboro neighborhood's historic resources; and
the Department of Historic Resources has determined that
if a Wells Avenue realignment is necessary, the
alternative presently proposed by the City has far less
destructive effect upon the historic resources of the
Gainsboro neighborhood than the City's earlier preferred
alignment "C".
Dr. Kern advised that the Department of Historic
Resources strongly recommends that the two houses slated
for taking on Wells Avenue be relocated to compatible
303
vacant lots on the same block of Gilmer Avenue if the
City finds it necessary to proceed with construction of
the presently proposed Wells Avenue alig~nent; and the
Department of Historic Resources commends Roanoke City
officials for their renewed commitment to the
revitalization of the Gainsboro neighborhood to go hand
in hand with plans for rehabilitation of Hotel Roanoke.
It was further advised that the Department of
Historic Resources is pleased that the City Planning
Commission recommended relocation of the two historic
residences on Wells Avenue, and it is hoped that Council
will accept the recommendation; and the Department of
Historic Resources pledges to offer continued
preservation planning and technical assistance to Roanoke
City officials and Gainsboro residents so that Hotel
Roanoke and Gainsboro neighborhood revitalization can
proceed in order to compliment one another as they must.
(For full text, see communication on file in the City
Clerk's Office.)
The Mayor advised that the report of the City
Planning Commission and the communication from the
Roanoke Regional Preservation Office will be received and
filed as a part of the public hearing.
Mr. Ren T. Heard, 1306 Salem Avenue, S. W.,
representing the West End Association, advised that at
the City Planning Commission's public hearing on the
Wells Avenue realignment, there was much acrimony,
bitterness and racial division which he hoped he would
never hear again in the City of Roanoke. He further
advised that the issue is not one of race or past issues,
but an issue of where does the road go and what are the
current needs of the City, as well as the neighborhood.
He stated that speaking as Chairman of a neighborhood
that is struggling to make a comeback, a neighborhood's
continuity is one of the most important things in its
viability, that when a neighborhood's continuity is taken
away and when people are taken out of a neighborhood, a
the neighborhood ceases to exist, the end result being a
neighborhood that has no strength with no ability or will
to survive.
Mr. Heard explained that many years ago, Tenth
Street Bridge was four laned; that block after block of
vacant houses exist on the east side of Tenth Street, a
few scattered buildings and no neighborhood because it
was destroyed, in part, by construction of the Tenth
Street Bridge. He added that the Tenth Street Bridge is
304
three and one-half blocks to nowhere -- it starts from a
two lane roadway and ends in a two lane roadway -- and
the proposed Wells Avenue alignment appears to do the
same thing. He stated that Mattern & Craig has reviewed
the matter for approximately five years and City
engineers have studied the matter for 25 years, but the
question is, how does the neighborhood's wishes and its
need to survive compare with cars inasmuch as the issue
is basically related to cars and people and the City's
need to exercise its power. He added that the Gainsboro
neighborhood cannot handle another four lane road; and if
the democratic process is to be adhered to, he would
propose that the issue be put to a vote city-wide by the
citizens of Roanoke. He explained that paid consultant9
and professional planners of the City and the City
Administration are looking at a basic economic policy and
the road is partly dictated by that policy, however,
speaking as a neighborhood leader, the people who live in
the houses make up the City, and Gainsboro residents have
given and given their land to the cause of progress and
improvement for this City, and their sacrifices should
end this evening. He stated that if Council votes to
proceed with the Wells Avenue roadway, it will be
furthering one more small step toward ending Gainsboro as
a viable neighborhood. He advised that the West End area
of the City is of the opinion that the proposed roadway
is a waste of money and is against the wishes of the
citizens of the Gainsboro neighborhood, and requested
that Council listen to the citizens of Gainsboro and
allow them to rebuil~ their neighborhood Just as those
citizens in the West and area have rebuilt their section
of the City.
Ms. Sema J. Kemp, 1014 Patterson Avenue, S. W.,
representing the Mountain View Neighborhood Alliance,
advised that she has been a resident of Roanoke for 14
years, with her roots being in Gainsboro, and during that
time, she has witnessed neighborhoods built up and others
demolished and rampaged, with Gainsboro occupying the
latter category. She stated that she is not an engineer,
a city manager or a member of City Council, yet she could
see the stupidity in the demolition of the Jefferson
Street leg of the Hunter Viaduct to build a "white
elephant", the end result being further traffic problems.
She inquired if Council is of the opinion that it is
alright to continue the wilful destruction of one of
Roanoke's oldest neighborhoods, and asked if this
alternative is due to the fact that the Gainsboro
neighborhood is inner city and composed of predominantly
black citizens. She stated that too many decisions are
made by politicians and too few are voted on by the
305
II
citizens of this City. She asked if the Gainsboro
community continues to be invaded with broken promises
and empty vows of Jobs, such as those promised with the
Coca-Cola Bottling Plant, will the next attack be in
Colonial Heights, Grandtn Road, Old Southwest, Huntington
Court, etc., or are these neighborhoods considered to be
off limits because of their neighborhood compositions.
She stated that if an indi¥idual raped and pillaged
neighborhoods as the City has done in Gainsboro, action
would be taken to arrest that person, therefore, should
the City Administration be held any less accountable.
She advised that the voices of Galnsboro residents will
no longer be muffled by City bureaucracy and management,
that it is time to listen to the people, and urged that
Council listen to the citizens of Gainsboro, and that the
City not do business as usual by allowing the proposed
roadway to destroy the Gainsboro neighborhood. She
stated that it should be remembered that the people do
not work for City Hall, however, City Council Members do
work for the citizens of Roanoke.
Mr. Ken Greek, 1401 Campbell Avenue, S. W.,
representing the Mountain View Neighborhood Alliance,
advised that as a resident of one of Roanoke's inner city
neighborhoods, he feels compelled to ask one question,
when will it end? He stated that whole City blocks in
Gainsboro have been razed so that businesses and
commercial developers could buy land and construct
businesses. He explained that the residents of Gainsboro
did not want to be forced to move, to have their homes
crushed by the wrecking ball, and they came to City
Council, their elected representatives, for help and City
Council said "no". He stated that old southwest has been
chipped away at for many years, while many one of a kind
historic buildings were turned into rubble to satisfy
businesses and commercial developers; that residents of
old southwest came to Council for help in order to save
their neighborhood, and City Council said "no". He
further stated that there is a high concentration of SRO,
Single Room Occupancy housing projects in the West End
neighborhood which has increased the density level in
some blocks to ridiculous highs; that the people of West
End came to Council for help to at least reduce the
number of these housing units, and City Council said
"no". He advised that now the citizens of Gainsboro are
saying "no" to the Wells Avenue project because it will
be detrimental to their neighborhood. He reiterated his
earlier question -- when will it end -- when will City
Council begin to listen to the people who voted them into
office to serve the best interests of all citizens of
Roanoke, or has business and commercial development
306
become more important to the City than the people who
live in the neighborhoods, and have whole neighborhoods
become expendable in the interest of increasing economic
development. He asked for whom is the City promoting
economic development inasmuch as the 1990 census showed
a decrease in City population, advising that this
decrease in population could be the result of the City's
disregard for the interest of whole segments of Roanoke's
population. He stated that now is the time to reverse
this trend; that Gainsboro should be the place to start;
and a change in attitude toward the inner city by the
City government is needed to protect the City's past, to
maintain its present and to insure its future.
Ms. Diane Poff, 2028 Mt. Vernon Road, S. W., advised
that the Gainsboro community first appeared in 1825 and
was ¥.>3 most populous community until the mid 1800's; and
if no'= the oldest community within the City, it is one of
the earliest communities in Roanoke's history. She
stated that many generations have called Gainsboro their
home, but as we enter 1993 and near the close of the
twentieth century, Gainsboro is slowing eroding, not by
natural means, but by bulldozers, Jackhammers and
politicians who appear not to be listening to the voices
of its citizens. She further stated that instead of
seeing lawns and gardens and children laughing and
playing, there will soon be blocks and blocks of
pavement, along with the screams and cries of machinery
tearing down a neighborhood and paving over it. She
asked when and where will this devastation of Gainsboro,
one of the oldest and historically significant
communities, stop, advising that it must stop tonight;
that the historic district of old southwest would not
stand for this kind of treatment; that South Roanoke
would not stand still while its neighborhood was being
torn down in the name of progress; therefore, why do the
politicians of this City feel that the continued
destruction of the Gainsboro community should be
tolerated.
Ms. Poff stated that one can call Wells Avenue a
four lane, tree-lined boulevard, but the bottom line is
that it is nothing more than a four lane highway through
a community that has seen enough abuse. She further
stated that once Gainsboro has been stripped of its
families, families that have lived in the area for
generations, which neighborhood will be next in the name
of progress, advising that all citizens should be
concerned about what happens in Gainsboro, because their
community could be next, but most importantly, the
history and the culture of Gainsboro must be preserved.
307
II
she asked that Council listen to the people of Gainsboro
who are once again being called upon to make sacrifices
that other areas of the City have not been asked to make
and seriously consider suggestions made by Congzessman
Jim Olin in order to preserve historic Gainsboro.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
advised that she is a resident of one of the last
remaining residential areas of the northeast section of
the City, the community from which Roanoke began. She
stated that research confirms that this area is worthy of
historic designation, preservation and rehabilitation as
a live testament to what a city of far minded, caring and
futuristic governmental officials can do if they so
desire.
Ms. Bethel stated that before discussing the
specific issues related to Wells Avenue, it is essential
that certain statements be made. She explained that the
Historic Gainsboro Preservation District Coalition
consists of the People's Voters League, the Roanoke
Chapter of the NAACP and the Historic Gainsboro
Preservation District, Inc., and this Coalition and its
supporters have been stabbed both in its back and in its
heart. She stated that the Coalition has been forthright
and honest while disagreeing in an agreeable manner, and
it is believed that this community respects and supports
the efforts of the Coalition. She explained that
historic Gainsboro drew a circle that let people in such
as The Reverend Charles T. Green, Vice-President of the
People's Voters League, Evangeline Jeffrey, President of
the Roanoke Chapter of the NAACP, W. Robert Herbert, City
Manager, Theodore J. Edlich, III, Executive Director of
Total Action Against Poverty, Stanley R. Hale, President,
Southwest Virginia Community Development Fund, and The
Reverend Kenneth C. Wright, Pastor of First Baptist
Church at Jefferson Street and Wells Avenue, while, in
turn, Mr. Herbert, Mr. Edlich, Reverend Wright, Mr. Hale
and The Reverend Carl T. Tinsley drew a box that left out
other members of the Coalition.
Ms. Bethel noted that had it not been for the quest
of the Historic Gainsboro Preservation District to secure
historic protection of Roanoke's birthplace for the good
of the entire Roanoke Valley, this public hearing would
most likely not have been held. She stated that for over
two years, Historic Gainsboro discussed with the City its
proposed Wells Avenue plan and had it not been for the
efforts of Historic Gainsboro, the City Manager would
never have entered into a series of discussions to learn
about the significance and importance of Gainsboro. She
308
inquired as to which organizations were speaking out and
standing up for Gainsboro before Historic Gainsboro
raised the City's awareness of the value of its quiet,
quaint and historic community.
Ms. Bethel advised that it is time for Council
Members to stop giving the appearance that it is misusing
and abusing its power; and it is time for Council to stop
pushing citizens aside and apart. She stated that it is
time for Council Members to stop and think that its
legacy might be remembered for the letter "A",
representing "arrogance" manifested in the very fact that
this meeting ls being held on the grounds of the Roanoke
Civic Center where churches and homes once stood;
"arrogance" which permitted City Council to hold this
public hearing on a Wednesday night rather than a Monday
when Council normally meets. She further stated that the
letter "C" could represent a "conspiracy or corruption"
which seems to be approved by this Council, or if not
approved, at least winked at inasmuch as some individuals
and organizations were sold favors to mouth a warm
approval of Council's most destructive and unwarranted
road plan. She added that the letter "I" represents an
indication of "incompetence" because pertinent questions
have not been answered -- "incompetence" which gives a
response but no specific answers to certain questions.
She asked if this is the legacy that Council Members wish
to leave upon their term of office.
Ms. Bethel stated that the Historic Gainsboro
Preservation District Coalition, along with residents and
supporters of Historic Gainsboro and all enlightened
citizens of the Roanoke Valley request that Council
postpone any decision on the Wells Avenue proposal which
was forwarded to Council by the City Planning Commission,
advising that there is no clear and strong support for
this proposal inasmuch as there are many questions and
issues that are still unresolved, the major issue being
the failure of the City to provide a three-dimensional
model so that citizens can see the proposed devastation
which is planned for their birthplace.
The Mayor advised that Ms. Bethel had been given her
allotted five minutes plus two additional minutes, and
inasmuch as she had not concluded her remarks and there
were other speakers yet to be heard, he would like to
recognize her for concluding remarks after all other
scheduled speakers had been recognized.
309
Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised
that Roanoke is being destroyed by the insatiable
appetite of motor vehicles demanding more and more
pavement; viz: parking lots and four lane highways. She
stated that the community and the City have Joined hearts
and hands to save Roanoke's oldest and most neglected
neighborhood, Gainsboro, however, it appears that history
is repeating itself in that hypocrisy, lies, lack of
integrity, greed and vague promises based upon secret
deals made in the back room might determine the future of
historic Gainsboro and the City of Roanoke. Yet, Ms.
Davis stated that site believes the City's planners and
engineers can be cr~ative; and Council, as the governing
body, should be permitted to stretch the abilities of the
City staff in order to find a plan which does not
physically and emotionally divide the City and the
Gainsboro neighborhood. She added that Gainsboro is a
quaint area which can be beautified and rehabilitated to
enhance not only The Hotel Roanoke but the entire Roanoke
Valley, advising that most cities have to manufacture an
atmosphere of tranquility for their hotels and resorts,
however, Roanoke is fortunate to have Gainsboro, and now
City officials want to destroy the area with two four
lane highways. She asked if this is due to the fact that
Gainsboro is composed of predominantly black citizens.
Ms. Davis pointed out that the City of Roanoke has
been and continues to be cruel and insensitive to the
Gainsboro community because it has been systematically
cut off. She stated that residents will not accept
business as usual and wish to have their questions
answered; that the City continues to try to resolve
unrealized traffic problems at the expense of Historic
Gainsboro and the nearby neighborhood; and Gainsboro
should not and cannot be expected to digest two four lane
highways, plus existing roads and other new projects that
are lurking in the shadows. She explained that two four
lane highways will have a detrimental effect on the
safety and welfare of children and senior citizens who
visit the YMCA on Orange Avenue and Gainsboro Road; and
members of First Baptist Church at Jefferson Street and
Wells Avenue and families living on Wells, Gilmer and
Patton Avenues will be endangered by noise and air
pollution, as well as fast moving vehicles. She called
attention to the fact that last year she appealed to the
members of Council to table the recommendation in order
to conduct additional studies and to insist that City
planners and engineers be more creative in arriving at a
viable traffic plan.
310
The Reverend Charles T. Green, 1731 Hanover Avenue,
N. W., representing the People's Voters League, advised
that he has lived in the City of Roanoke for 30 years,
and he has seen the downfall of the Kimball area with the
same kinds of promises that are being made to Gainsboro
residents which sound good and are well stated, but are
not carried out. He advised that Gainsboro is
approximately 75 per cent destroyed at the present time,
and asked what will be left if two four lane highways are
allowed to be constructed. He pointed out that promises
which were made in connection with the Kimball
Redevelopment Project and the Commonwealth Project which
have not been honored have caused residents to have no
confidence in Council's promises. He stated that the
People's Voters League will not support the four lane
highway in the Gainsboro area, and if Council approves
the project, they will fight this effort until the end.
He advised that Gainsboro will not give up, that it has
been pushed long enough, and it will stand up and fight
for as long as necessary.
Mr. Bruce N. Brenner, representing the Henry Street
Revival Committee, advised that at its meeting on
December 9, 1992, the Committee carefully considered
proposed plans for the realignment of Wells Avenue within
the City of Roanoke, at which time the Committee received
a briefing by the City Manager and the Director of Public
Works on the proposed project. He stated that the Henry
Street Committee is advisory to the Mayor and Members of
City Council and is charged with the specific
responsibility of promoting and coordinating the
revitalization of Henry Street which was once a thriving
center of black commerce, entertainment and culture
within the City. He advised that after discussing plans
for the realignment of Wells Avenue, the Committee voted
to endorse the proposed realignment, noting that the
Committee is of the opinion that if the Henry Street
project is to be successful, it must have accessibility
to the public and the proposed plan for realignment will
allow improved development opportunities. He explained
that the Henry Street Revival Committee endorses the
proposed plan as a safe, attractive and convenient
project.
Mr. Robert K. France, representing the Roanoke
Valley Preservation Foundation, advised that as society
changes from horses to hundreds of thousands of cars, the
traffic pattern becomes a problem for the central city,
and the problem does not pertain to Just Gainsboro, but
to downtown Roanoke and to old southwest as well. He
stated that if all of the vehicles that need to travel
311
across the Roanoke Valley are funneled through the
central city area, there will be more cars in the central
city than can be accommodated. He advised that Roanoke
is an unusual city among cities across the country
because its downtown is still vital -- one can walk
around downtown -- one can see the mountains from
Roanoke's downtown -- downtown is an attractive area, and
the Preservation Foundation would like for that to be
extended to Gainsboro as well. He explained that
starting in the heyday of Roanoke, Gainsboro was not a
separate area and there was no talk about Gainsboro being
different from downtown; and Gainsboro is located on the
other side of The Hotel Roanoke and is as much a part of
the central city as any other element of downtown. He
stated that Council has the power to either keep
Gainsboro as a part of downtown Roanoke and make the area
a beautiful, vital, historic buffer on the far side of
the Hotel where people will want to visit, shop and live,
or the area can be cut off from the rest of downtown
Roanoke.
Mr. France explained that it has been the position
of the Preservation Foundation throughout the entire
process that an alignment is not the end point and a road
alignment cannot be evaluated separately from the
character of the road. He stated that there are many
things to like about the compromise which has been
offered in that it minimizes intrusion into the adjoining
neighborhood, it respects the original street plan and
the shapes of the neighborhood, it has certain features
that encourage pedestrian crossing, it uses plantings to
shield residents from traffic noise, and it has off
street parking in the outer two lanes during all except
peak traffic hours. He further stated that the City has
proposed appropriate lighting, and the Preservation
Foundation would propose appropriate plantings by using
the same types of shrubbery and trees that already exist
in the area. He added that especially important is the
continued ease for pedestrian traffic and advised that
the Preservation Foundation would be in favor of
prohibiting trucks at least during daytime hours.
Mr. France stated that many groups share an interest
in the area such as Hotel Roanoke, the residential
neighborhood, Henry Street, The Arts at Old First, the
Conference Center, the First Baptist Church and
businesses that will eventually locate in Gainsboro. He
further stated that all of the abovereferenced groups
share a common interest and should not be separated
because their interest centers around keeping the road
slow, quiet and crossable, and if the road ts kept slow,
312
quiet and crossable, it will represent improvements to
Wells Avenue and not a four lane highway. He advised
that the question is not about the road alignment, but
about the character of the roadway.
Mr. John P. Bradshaw, Jr., 3103 Stoneridge Road,
S. W., advised that he was speaking in his capacity as a
citizen and not as a member of the City Planning
Commission. He stated that it was interesting to note
that three of the first four speakers referred to the
destruction of the neighborhood, however, it was his
understanding that the purpose of the public hearing was
to discuss the road alignment which is proposed by the
City Manager. He stated that the potential exists to
make the area a historical neighborhood which will be
defined by boundaries, and the alternative presently
before Council offers the potential of creating a
"greenway belt" that divides the historic zone of
Gainsboro and the commercial aspect of The Hotel Roanoke,
and urged that Council continue the process for
development.
The Reverend Ben F. Tyree, 2205 Hanover Avenue,
N. W., advised that he would like to remind Council that
the citizens make up the City of Roanoke, and not trees,
highways or buildings, but people who believe in Council,
who supported Council Members, who campaigned for Council
Members and voted them into office. He stated that what
is being discussed is a four lane highway through a small
area that will create more accidents and more problems
for residents already living in the neighborhood. He
inquired as to when will the City reach the point of
dealing with the feelings of the people, advising that
the project will not be beneficial for all citizens of
the City of Roanoke. He commented that it has been said
that this is not a black issue, yet, it appears that
these types of redevelopment projects take place in the
black community, thereby causing citizens to relocate
after they have invested many years of hard work into the
development of their property, however, City officials do
not seem to care. He advised that he did not view the
project as a means to help the area, but as a means to
help some persons who have already made up their mind
that the project is needed for the City of Roanoke. He
stated that when City officials ignore the people and
instead place trees, highways and buildings before the
wishes of the people, Roanoke will no longer have a City.
313
ACTION:
The Mayor inquired if there were other speakers who
wished to be heard. There being none, he called upon Ms.
Bethel for an additional three minutes in which to
conclude her remarks.
Ms. Bethel advised that she indicated earlier in the
meeting that Gainsboro residents had requested a three-
dimensional model of the proposed Wells Avenue
improvements, as well as Second Street/ Gainsboro Road,
and except for an article that appeared in the newspaper,
a response has not been received from City officials.
She stated that the Historic Gainsboro Coalition and its
supporters, including approximately 1,000 persons, signed
cards which were forwarded to Members of City Council,
and those signatures were not limited to citizens of
Roanoke City but to individuals throughout the Roanoke
Valley, the Commonwealth of Virginia and the east coast
who are concerned about the potential destruction of
Gainsboro. She advised that the Historic Gainsboro
Coalition and its supporters will not support or approve,
of its own free will, the Wells Avenue proposed four lane
roadway, and the Coalition will continue to resist the
road for as long as it has the means to do so. She
stated that the Coalition presented a list of questions
at the City Planning Commission's public hearing which,
to date, have not been answered and inquired if the Mayor
would like for her to read the questions into the record
so that answers will be forthcoming. Ms. Bethel
requested that Council postpone its decision on the
proposed Wells Avenue realignment project until Council
receives all pertinent facts on which to base its
decision.
The Mayor again inquired if there were other persons
who wished to be heard. There being none, Resolution No.
31287-121692 was adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
Mr. McCadden moved that the remarks of the City
Manager be received and filed, and concurred in by
Council. The motion was seconded by Mrs. Bowles and
unanimously adopted.
314
There being no further business, the Mayor declared the
special meeting adjourned at 9:20 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
315
,!
ROANOKE CITY COUNCIL ROANOKE CITY SCHOOL BOARD
January 4, 1993
11:00 a.m.
A special Joint session of the Roanoke City Council and the
Roanoke City School Board with the City's representatives to the
1993 Session of the General Assembly of Virginia, was called to
order on Monday, January 4, 1993, at 11100 a.m., in the Roanoke
City Council's Conference Room, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., with Mayor David A. Bowers and
Chairman Finn D. Plncua presiding.
CITY COUNCILMEMBERS PRESENT: Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Delvls O.
McCadden, Howard E. Musser, WiXliam White, Sr., and Mayor
David A. Bowers ....... 7.
CITY COUNClL MEMBERSABSENT .............
SCHOOL BOARD MEMBERS PRESENT: Marilyn C. Curtis, Charles W.
Day, C. Nelson Harris, M. Wendy O'Neil, James M. Turner, Jr., and
Chairman Finn D. Pincus 6.
SCHOOL BOARD MEMBERS ABSENT: Clubert G. Poff ............... 1.
OTHERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Acting Director of
Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal
Auditor; Frank P. Tots, Jr., Superintendent of Schools; Richard L.
Kelley, Executive for Business Affairs and Clerk of the Board; and
June S. Nolley, Secretary to the Superintendent and Deputy Clerk of
the School Board.
LEGISLATORS PRESENT: Senator Brandon Bell,
Clifton A. Woodrum and A. Victor Thomas.
Delegates
The meeting was opened with a prayer by The Reverend C. Nelson
Harris.
The Mayor referred to the following communication
calling the Special Meeting of the City Council and the
School Board:
"December 30, 1992
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
316
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the
Roanoke City Charter, I am calling a special meeting of
the Roanoke City Council on Monday, January 4, 1993, at
11:00 a.m., in the City Council's Conference Room. The
purpose of the meeting will be to discuss the City's 1993
Legislative Program with the City's representatives to
the 1993 Session of the Virginia General Assembly.
Best personal regards.
Sincerely,
S/David A. Bowers '
David A. Bowers
Mayor"
The Mayor welcomed Senator Bell and Delegates Thomas
and Woodrum to the annual meeting which is held each year
prior to the convening of the Virginia General Assembly.
On behalf of the School Board, Chairman Plncus
welcomed the legislators to the meeting. He stated that
exciting things have been happening in the Roanoke City
Public Schools, and advised that Highland Park Elementary
School recently won a Blue Ribbon Award ranking it as one
of the top elementary schools in the nation. He noted
that School Board members have been busy in the last few
days reviewing School Superintendent applications and a
group of semi-finalists for interviews will be selected
on January 5.
Review of the 1993 Leqislattve Program:
The Mayor advised that the City Attorney would
present a summary of some of the key points in the 1993
Legislative Program for the City and the Schools.
The City Attorney advlsed that it would not be
possible to cover all of the items in the 1993
Legislative Program in the allotted time, however, he
would attempt to summarize three specific policy
statements, a number of legislative programs and City
Charter amendments. He explained that those items that
he would not cover were not considered to be unimportant,
however, legislators were provided with advance copies of
the City and School Legislative Program, and if there are
questions in regard to any item which is not covered, he
would be pleased to respond accordingly.
(At 11:15 a.m., Mrs. Bowles entered the meeting.)
Mr. Dibling referred to the issue of mandates which
is at the top of the list for City Council and the School
Board, the cumulative effect of State and Federal
mandates being the primary source of the City's fiscal
stress, and both the Council and the School Board again
urge full funding of State mandates. He stated that many
recommendations of the Joint Legislative Audit and Review
Commission (JLARC), which studied inter-governmental
mandates and completed its work in January 1992, are
strongly supported by the Council and the School Board.
Mr. Dibling referred to the policy statement in
regard to clarification of State and local
responsibilities, advising that the City commends the
1991 Session of the General Assembly for requesting JLARC
to conduct a review of State and local service
responsibilities and the funding mechanisms to support
those functions which is commonly called the "sorting out
process". He stated that this process is vitally
important and a more rational assignment of State and
local service responsibilities will advance the interest
of all citizens of the Commonwealth and, therefore, the
General Assembly is urged to carefully consider JLARC's
proposals as a result of the "sorting out study".
In reference to the Governor's Advisory Commission
on the Dillon Rule in local government which was
appointed by the Governor in 1991 and rendered its report
to the Governor in November, 1992, Mr. Dibling stated
that certain recommendations have been made by the
Commission that the City and the School Board support.
For example, he stated that Title 15.1, which contains
all authorities, powers and procedures for local
governments should be recodified inasmuch as that portion
of the State Code has not been recodified since 1962, and
it is almost uniformly agreed that Title 15.1 is
disorganized, confusing, and in some respects, entirely
inconsistent, and it is urged that Roanoke Valley local
government officials be involved in the recodification
process.
Further, Mr. Dlbling advised that the General
Assembly is urged to consider JLARC's recommendations
that resulted from the sorting out process, and the State
should consider assuming the responsibility for services
318
where certain performance standards are dictated by State
law and/or State regulations. He added that the General
Assembly is urged to establish a study commission
composed of legislators and local government officials to
consider the unique problems of the Co~unonwealth's
central cities, advising that JLARC has supported the
fact that central cities are suffering from extreme
fiscal stress which results from such things as the
magnet effect, municipal overburden and the various
social ills suffered by central cities.
Mr. Dlbling discussed another recommendation that
authority which is delegated to local governments should
be broadly construed to affect the purpose of the
specific delegation, advising that this is by no stretch
of the imagination an erosion of the Dillon Rule and does
not erode the principle that local governments exercise
only those powers that are delegated to them by the
General Assembly, but merely provides some flexibility to
allow local governments to move more quickly, and to
address public health, welfare, and safety concerns.
With regard to specific legislative proposals, the
City Attorney advised that equitable funding of education
is at the top of the list; that the Governor's Commission
on Educational Opportunities, which was created in 1990,
advised that in order to address disparity, the
Commonwealth had to do two things; viz: 1) increase the
size of the entire education budget by providing more
funding, and 2) redistribute the funds so that the school
divisions with lower fiscal capacity and more students
with special needs would receive a greater proportion of
total funds. He called attention to two specific
recommendations of the Governor's Commission that the
School Board and the City Council support; viz: 1) to
revise and fund the Standards of Quality to acknowledge
prevailing practices and to recognize the additional cost
of special needs students, and 2) to provide a better
measure than the current Composite Index of the ability
of the Commonwealth's localities to pay for education.
He noted that there are several problems with the current
Composite Index, in that it does not measure local fiscal
stress and ignores the expenditure side of the local
budget in communities that have high crime rates, more
poverty, and children with special needs are penalized by
failure of the formula to consider fiscal stress. He
stated that the Composite Index should more accurately
reflect taxpayer ability to pay, advising that Roanoke
residents have a lower adjusted income than residents of
many surrounding localities, and they cannot be expected
to provide the same level of financial support as those
319
in surrounding Jurisdictions. He pointed out that the
Composite Index should assign more weight to local effort
in support of education, and explained that the City in
its current budget is providing 42.5 per cent of the
General Fund Budget for education which imposes a heavy
burden on the City's taxpayers, and the burden is far in
excess of that which is borne by many other localities,
therefore, the General Assembly is urged to review the
Composite Index to correct certain deficiencies.
In connection with calculating Standards of Quality,
Mr. Dibling stated that the City is requesting the
General Assembly to look at methodology because it is
felt that methodology is inadequate in several respects;
viz: 1) it artificially lowers the State average salary
instead of using actual salary figures, 2) it uses an
artificially low limit on the number of professionals per
thousand students, and 3) it does not address cost
differences in providing education to students with
special needs. He stated that Roanoke's school division
provides a dramatic illustration of the inadequacy of the
Standards of Quality funding, advising that for fiscal
year 1992-93 the General Assembly set per pupil cost of
the Standards of Quality at $2,796.00, but the actual per
pupil cost for City students was $4,945.00, while the
City actually received only $1,294.00 per pupil for the
fiscal year after application of the Composite Index and
the State sales tax to the Standards of Quality funding
formula. He explained that full funding of the State's
share of actual cost of Standards of Quality and full
funding of categorical educational mandates is a top
priority of both the City Council and the School Board.
With regard to the State Literary Fund, Mr. Dibling
stated that the last Session of the General Assembly
moved $192 million from the Literary Fund to the General
Fund to cover teacher retirement contributions which left
only $8.9 million in the Fund, and he has been advised
that the State Board of Education has approved Literary
Fund priority on construction requests of over $50
million while only $8.9 million exists in the Literary
Fund. He stated that the General AsSembly iS urged to
restore a reasonable level of funding to the Literary
Fund so that this low cost financial alternative for
construction will be available to the Commonwealth's
school divisions.
Mr. Dibling referred to the statement on safe
schools, advising that it is known that school safety and
violence is an area of increasing concern for both
parents and teachers, and the City is requesting the
320
General Assembly to take a comprehensive look at the
issue. He stated that the essential ingredients of the
legislative package include legislation that would keep
handguns out of the hands of children, as well as State
funding assistance for security personnel and equipment
for schools, along with coordination of school safety
programs among the various agencies of the State and
local government, State funding assistance for off-campus
educational programs on a regional basis, and development
of public agency outreach programs to promote
responsibility of parents for the actions of their
children.
The City Attorney stated that already mentioned is
the fact that many central cities are suffering from
financial stress, and it is known that local governments
badly need an additional revenue source; that Roanoke
County has recommended a local option income tax; and
Roanoke City's program recommends an additional one-half
cent local option sales tax. He stated that there is
over-reliance on the real property tax and the City needs
a new dependable source of local revenue. He explained
that if the additional one-half cent were permitted on
the local option sales tax, approximately $6 million in
funds would be generated to the City on an annual basis.
Mr. Dibling advised that the proposed road between
the City and Blacksburg/Vlrginia Tech is important to the
economic development of southwest Virginia. He added
that the Federal government has allocated $6 million to
the project, and it is believed that if constructed, the
road would act as a catalyst in the creation of Jobs in
the Roanoke and New River Valley areas. Therefore, he
advised that the State is urged to support this important
regional project.
The City Attorney explained that the State Code, as
presently drafted, limits the use of g-911 tax revenues
to initial capital installation and maintenance costs of
the E-911 telephone system; that many E-911 systems were
installed five to six years ago or longer and Roanoke's
system was installed six years ago. He stated that many
of the systems require additional equipment or certain
equipment is in need of replacement and/or upgrading, and
the City is suggesting that the E-911 tax statute should
permit the use of the E-911 tax revenues for equipment
replacement or purchase of additional equipment.
With regard to health services for disadvantaged
children which is an issue of City-wide importance, t~
Dlbltng stated that there are over 4,000 children in
321
City of Roanoke who lack access to comprehensive health
care; that 50 per cent of these children come from low-
income families; and the City is suggesting that the
Commonwealth adopt a formula to provide school health
nurses to meet the needs of these children. He explained
that the City supports the suggested formula that there
should be one school health nurse for every 1,000
children residing in the locality, in order to meet the
needs of disadvantaged children.
Mr. Dtbltng polnted out that the City requests that
the General Assembly re-visit the issue of Medicaid
funding of Roanoke's locally-owned nursing home, and
called attention to a cap on Medicaid funding to nursing
homes, which applies only to locally-owned nursing homes
and not to State-owned facilities. He explained that the
City's nursing home is operated on a $290,000.00 per year
annual deficit, and the City is requesting the State to
treat locally-owned nursing homes in the same manner as
State-operated nursing homes.
Delegate Thomas pointed out that the General
Assembly studied the issue of nursing home funding
approximately ten years ago, advising that there are ten
locally-owned nursing homes in the Commonwealth of
Virginia which would require a considerable amount of
funds. He commended the City for continuing to operate
the local nursing home, and pledged to do everything he
could, along with his colleagues, at the State level.
Mr. Dlbling advised that the City is requesting
assistance in connection with Transportation Museum
funding. He explained that in the first year of the
biennl~n, funding was reduced from $110,000.00 to zero,
and the City is requesting financial assistance in the
second year of the biennium.
In reference to Juvenile detention facilities, the
City Attorney stated that it is known that there is an
acute shortage of secure detention beds for juveniles
throughout the Commonwealth. He added that Roanoke needs
to expand its own Juvenile detention facilities; that
State law requires the Commonwealth to fund one-half of
construction cost for enlargement of Juvenile facilities,
however, there is a moratorium on funding at the present
time, and the City is requesting that the moratoriumbe
lifted and that the Commonwealth appropriate its one-half
of the cost for expanding the City's Juvenile detention
facility.
322
Also in the area of corrections, Mr. Dibling advised
that Jail overcrowding is a problem that has received
much public attention; that Roanoke's Jail which was
constructed in 1979 has a rated capacity of 216 inmates,
however, recently the facility has been operating at a
capacity of 500 or more; and again, the State has imposed
a moratorium on funding the cost of constructing new
Jails or expanding existing facilities. He explained
that prior to the moratorium, the State reimbursed 50 per
cent of the cost for non-regional Jails in an amount
ranging from $300,000.00 to $1.2 million, with no cap on
State reimbursement on regional Jail funds. He advised
that the City is requesting that the General Assembly
agree to reimburse 50 per cent of the cost of expansion
of its Jail which will eliminate the favoritism for
regional Jails, inasmuch as it is not feasible for
Roanoke's Jail to be enlarged on a regional basis. While
regional Jails may be a goal that is realistic for many
rural counties, Mr. Dibling pointed out that it is not
realistic for most of the central cities of the
Commonwealth.
Mr. Harvey advised that the City has a critical and
dangerous situation and help is needed in%mediately.
Delegate Thomas advised that pursuant to
conversations with the Sheriff and a State Department of
Corrections official, five to ten State prisoners will be
moved out of the Roanoke City Jail on or about January4.
He stated that it is known that something needs to be
done about the moratorium on constructing/expanding Jails
and correctional facilities, and he talked with State
officials approximately one month ago about some type of
funding assistance for Juvenile facilities at Coyner
Springs. He explained that the State has allowed a
backlog to build up over the past five years by not
funding facilities to the point that there is now a
serious problem because there are quite a few facilities
that the State is committed to funding, and it is his
goal to work toward legislation that will lift the
moratorium relative to Juvenile facilities. He added
that any action would have to come out of the Governor's
Office, however, he would not expect that the moratorium
would be lifted state-wide.
In connection with overcrowding of local Jail
facilities, Mr. Thomas stated that in some instances,
prisoners are incarcerated who do not pose a real threat
to society and should be transferred to other types of
programs. He stated that there should be some
responsibility on the part of the Association of Counties
323
and the Virginia Municipal League to question why so many
persons are incarcerated who have committed only minor
offenses and occupy space in a $50,000.00 Jail cell.
The City Manager advised that the moratorium on Jail
expansion is creating a serious problem for the City of
Roanoke. He stated that an average of 60 - 90 prisoners
on any given day are incarcerated in the City's Jail who
should be transferred to the State's penal system. He
pointed out that even though the State has a plan to
place localities on track by 1996, the City of Roanoke
will be compelled to engage in a Jail expansion project
prior to that time, and he did not know how the City will
fund 100 per cent of the cost. He stressed that the City
of Roanoke faces the potential of a major public safety
issue.
The City Attorney advised that recently a citizens
task force reviewed the issue of the curfew ordinance and
curfew violations and recommended a complete streamlining
and updating of the City's curfew ordinance which the
Council has enacted along with a Juvenile citation
program for curfew violations. He stated that
dispositional alternatives are limited because curfew
violations are considered to be a status offense, and the
City is suggesting that some "teeth" be provided to
localities for ordinances dealing with curfew violations
by treating curfew violations like traffic offenses so
that violators would be subject to a fine and repeated
violations would be subject to revocation of drivers
license.
In connection with City Charter amendments, Mr.
Dibling advised that the Code of Virginia requires that
no building in a historic district may be altered or
restored without approval of the Architectural Review
Board, and the City has requested an amendment to provide
that minor alterations in the Historic District, such as
fences, decks, awnings, etc., could be approved by an
agent of the Architectural Review Board, which would
avoid unnecessary hardship and delay for citizens.
Mr. Dibltng further advised that the second proposed
amendment to the City Charter relates to Design Overlay
Districts. He explained that there are several
neighborhoods in the City of Roanoke which are not
located tn Historic Districts, but are unique and in need
of conservation and protection from new development which
is not in harmony with existing development. He added
that there are also specific areas of the City that need
the same protection such as the Blue Ridge Parkway
324
Corridor, the Roanoke River Corridor, the Franklin
Road/Elm Avenue Corridor and the Gainsboro area around
the new Hotel Roanoke development. He advised that the
City is suggesting Design Overlay Districts which will be
used to encourage compatible development in areas that
are identified on a certain plan as having unique
architectural, scenic or environmental value or areas
that are designated on a plan of redevelopment.
Mr. Dibling expressed appreciation to Senator Bell
and Delegates Thomas and Woodrum for their continued
responsiveness and accessibility to the City. He stated
that the City is fortunate to have legislators who are
concerned with the quality of life in the City of Roanoke
and the needs of City government.
Vice-Mayor Fitzpatrick expressed appreciation to Mr.
McCadden, Mr. White, Mr. Plncus and Reverend Harris for
their service on the Legislative Affairs Committee. He
stated that the City is appreciative of the efforts of
the City's representatives to the General Assembly who
have always been responsive to the needs of the City of
Roanoke. He added that there are certain issues in the
Legislative Program that come up from year to year, some
of which are more critical than others, and expressed
concern about the stress that inner cities face, and it
is hoped that the General Assembly will be able to find
solutions to problems experienced by inner cities.
Council Member White, Co-Chair of the Legislative
Affairs Committee, expressed appreciation to Council, the
School Board and the legislators for their interest in
the City's Legislative Program. He advised that any
action which is taken on any matter, whether it be social
services, education, etc., will have an impact on other
areas. For example, he stated that more nurses in the
schools should help young people to perform better,
which, in turn, will help students to become more
productive citizens, thereby relieving the stress on
social services, incarceration and correctional
facilities, etc. He expressed appreciation to Senator
Bell and Delegates Thomas and Woodrum for their work on
behalf of the City and asked that they continue to do
their best to represent the City's best interests.
Council Member Musser advised that something must be
done locally about the Jail overcrowding situation very
quickly. He expressed concern that the State can
basically pass some of its responsibilities on to the
325
localities, however, local governments have no place to
turn for help. He pointed out that cities are limited by
what the State will allow them to do.
Mr. Harvey spoke in support of the General Assembly
authorizing an additional one-half cent on the local
option sales tax, advising that the ratio of funds coming
to the localities has not increased since the tax was
initially enacted. He explained that the State would not
have to take responsibility for the increase inasmuch as
it could be left to the discretion of the individual
localities as to whether or not the additional one-half
cent would be enacted locally. He added that an
additional one-half cent on the sales tax would generate
an additional $6 million for the City of Roanoke, and
urged the City's representatives to the General Assembly
to support such action at the State level and allow
localities to bear the brunt of responsibility as to
whether or not the additional tax will be enacted.
The Mayor concurred in Mr. Musser's statement. He
called attention to page four of the Legislative Program
in which it is stated that the City of Roanoke has over
4,100 subsidized housing units, while Roanoke County and
the City of Salem have only 198 and 216, respectively.
He stated that a Housing Authority has existed in the
City of Roanoke as a separate agency of the Commonwealth
for approximately 40 years; that there are a small number
of Housing Authorities in western Virginia; and stressed
the fact that for a number of years Roanoke has done its
share insofar as providing housing for the poor and
elderly while other communities continue to shrug off
their responsibilities. For quite some time, he advised
that he has read extensively about cooperation in the
Roanoke Valley, but perhaps the new key word should be
"responsibility", especially when one takes into
consideration that there is such a disproportionate
number of subsidized housing units in the City of Roanoke
compared to' other surrounding localities, and it seems
that all is not fair or well in the Commonwealth of
Virginia when some localities tend to ignore their
responsibilities and allow the cities to carr~ the
burden.
Mr. Turner advised that school teachers in the City
of Roanoke and the Commonwealth of Virginia are not
adequately compensated and deserve a raise. He stated
that many of the older teachers in the system have
reached retirement age, and if the compensation package
326
is not increased, it will be difficult to attract good
teachers and at some point, the General Assembly will be
forced to deal with the situation.
Delegate Thomas advised that there is a good
possibility this year that the teacher pay issue will be
addressed.
Mr. Day commended the City Attorney on his review of
the 1993 Legislative Program for the City and the School
system.
Reverend Harris expressed his concern with regard to
providing health services for disadvantaged children. He
reminded Senator and Delegates Thomas and Woodrum that
the School Board recently responded to a recommendation
of the General Assembly for one school health nurse per
1,000 students enrolled in the system, advising that the
Roanoke City School Board reacted in a responsible manner
and looked to its own budget in order to fund the
positions. He stated that inasmuch as Roanoke has
responded to the General Assembly's recommendation, the
City would appreciate funding assistance, advising that
many school systems have not abidedbythe recommendation
of the State, and spoke in favor of the General Assembly
providing some ty~e of incentive or reward for those
localities that respond positively.
Delegate Thomas pointed out that the Appropriations
Committee of the Senate Finance Committee will meet on
Wednesday, January 6, 1993, from 1~00 p.m. until
p.m., at Virginia Western Community College which will
provide local officials with an excellent opportunity to
make presentations in connection with issues such as
school health nurses, and Jail overcrowding, etc.
Ms. O'Neil spoke in support of an exception which
would allow the Roanoke City Schools to commence the
school session prior to Labor Day; whereupon, Delegate
Woodrumadvised that he is working with the City Attorney
on a City Charter amendment to address the matter.
Ms. O'Neil also spoke in support of an amendment to
the State Code which would authorize school boards to
operate child day care facilities for both City and
school employees.
Mrs. Curtis advised that with increasing violence
among students and outsiders who invade the school
campus, safety in the schools is an issue of great
importance. She spoke in favor of that portion of the
327
,!
Legislative Program with regard to safe schools, advising
that it is of vital importance to regulate the sale and
possession of handguns. She also requested that funding
be provided for security guards and equipment for the
schools.
Chairman Pincus expressed support of Mr. Dibling's
remarks with regard to full funding of the Standards of
Quality, advising that it costs the City considerably
more to educate a child than the current level of State
funding per pupil.
Dr. Tota pointed out that the School Board has
assumed the responsibility for renovation of certain
schools through bonded indebtedness payments. He noted
that more State funding continues to be available to
counties than to cities inasmuch as counties receive more
funding per pupil than cities. Therefore, Dr. Tota
requested that the City of Roanoke be provided with as
much categorical funding as possible.
Senator Bell advised that the General Assembly must
engage in a review of how to deal with concerns and
demands experienced by all localities with limited
funding, and it is of paramount importance to work
together and to participate in open dialogue in order to
understand the concerns of localities. He, too,
expressed concern about Jail overcrowding. Over the long
term at the State level, he advised that there is a
structural problem in order to deal with limited growth
and revenue from year to year, and every population group
that depends on State assistance is growing at a much
greater rate. He explained that the State is beginning
to review the reasons for incarceration which may need to
be looked at differently in the future. He stated that
he has given consideration to proposing a bill which will
allow tax credits to businesses that donate equipment to
schools by taking into account the most appropriate types
of tax credit in reference to overall funding. He added
that money is not available, and the General Assembly
will need to look at other ways in which the State can be
of assistance to localities.
Delegate Thomas addressed the matter of disparity in
educational funding, advising that along with Roanoke,
the cities of Richmond, Petersburg and Norfolk have
basically the same problem, and he has worked with those
localities in the past in order to address specific
issues which have, in some instances, paid off. As an
example, he called attention to additional funds approved
by the General Assembly last year to deal with the
328
disparity issue. He stated that he hopes the time will
come when the General Assembly will be able to help with
funding of new Jail construction/expansion; and added
that the disparity issue will continue to be a critical
need, and he will do all he can to assist the City in its
efforts.
Delegate Woodrum advised that he was aware of and
sympathetic to the problems at the local government
level, as well as the pressures that local governmental
officials face on a daily basis. He also called
attention to a meeting of the Appropriations Subcommittee
of the Senate Finance Committee on Wednesday, January 6,
from 1:00 until 5:00 p.m. at Virginia Western Community
College to receive input with regard to the State budget.
He explained that the General Assembly was of the opinion
that there must be more public interest in the budget,
therefore, a bill was passed that budget hearings would
be held throughout the State prior to convening of the
General Assembly. He suggested that Council adopt a
measure requesting a City Charter amendment which would
provide the School Board with the authority to commence
the school year prior to Labor Day, as necessary. He
expressed appreciation to Dr. Tota for his assistance
over the years in helping him to understand the needs of
the City's school system and its children.
There being no further business, the Mayor and Chairperson
declared the Joint meeting adjourned at 12:20 p.m.
APPROVED
ATTE ST: ~
City Clerk
Mayor
329
II
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
January 4, 1993
2=00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, January 4,
1993, at 2=00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Requ%ar Meetingst of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT= Council Members Howard E. Musser, William White,
Sr., Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr. (arrived at
2=15 p.m.), James G. Harvey, II, Delvis O. McCadden and Mayor
David A. Bowers ........ 7.
ABSENT: None--- ---0.
OFFICERS PRESENT~ W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Acting Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Mark A.
Graham, Pastor, St. John Lutheran Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PUBLIC HEARINGS
CITY CHARTER-ZONING-LEGISLATION-PLANNING-
ARCHITECTURAL REVIEW BOARD: Pursuant to Resolution No.
25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for
Monday, January 4, 1993, at 2:00 p.m., or as soon
thereafter as the matter may be heard, with regard to a
request that the 1993 Session of the General Assembly of
Virginia enact amendments to the Roanoke Charter of 1952,
as amended, as follows, the matter was before the body.
Amend subsection (5.1) of Section 62, Zoning,
to authorize City Council, in order to
facilitate the creation of a convenient,
attractive and harmonious community, to
establish design overlay districts to
encourage compatible development in areas of
the City identified on an adopted
comprehensive plan as having unique
330
ACTION:
architectural, scenic or environmental value
or in areas designated for redevelopment in
accordance with anadopted plan.
Add a new subsection (24) to Section 62,
Zoninq, such new subsection authorizing the
Architectural Review Board to delegate to an
agent its authority to issue any certificate
of appropriateness and providing for review
standards and a right of appeal.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Thursday,
December 24, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31288-010493) A RESOLUTION requesting the 1993
Session of the General Assembly of Virginia to enact
certain amendments to tl,e Roanoke Charter of 1952, as
amended.
(For full text of Resolution, see Resolution Book No. 54,
page 302.)
Mr. White moved the adoption of Resolution No.
31288-010493. The motion was seconded by Mr. McCadden.
The Mayor inquired if there were persons present who
would like to address Council with regard to the
abovedescribed Charter amendments. There being none,
Resolution No. 31288-010493 was adopted b y the following
vote:
AYES: Council Members Musuer,
Harvey, McCadden and Mayor Bowers
White, Bowles,
6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
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
331
the Consent Agenda and considered separately. He called
specific attention to four requests for Executive
Sessions to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council;
a matter with regard to disposition of real property for
public purposes and specific legal matters; a matter with
regard to actual litigation being a civil suit filed
against the City in the Circuit Court for the City of
Roanoke; and a matter with regard to disposition of
publicly held property, in connection with the location
of a prospective business when no previous announcement
has been made of the business' interest in locating in
the community.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
ACTION:
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Mccadden moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended. The motion was
seconded byMr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to disposition of real property for
public purposes and specific legal matters requiring the
provision of legal advice by counsel, pursuant to
Sections 2.1-344 (A)(3) and 2.1-344 (A)(7), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
332
ACTION=
ACTION=
Mr. McCadden moved that Council concur in the
request of the City Manager to convene tn Executive
Session to discuss a matter with regard to disposition of
real property for public purposes and specific legal
matters requiring the provision of legal advice by
counsel, pursuant to Sections 2.1-344 (A)(3) and 2.1-344
(A)(7), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Musser, White,
Harvey, McCadden and Mayor Bowers
Bowles,
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: A report of the City Attorney requesting
that Council meet in Executive Session to discuss a
matter with regard to actual litigation being a civil
suit filed against the City in the Circuit Court for the
City of Roanoke, pursuant to Section 2.1-344 (A)(7), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden moved that Council concur in the
request of tho City Attorney to convene in Executive
Session to discuss a matter with regard to actual
litigation being a civil suit filed against the City in
the Circuit Court for the City of Roanoke, pursuant to
Section 2.1-344 (A)(7)~ Code of Virginia (1950), as
amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers- 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET: A report of the City Manager recommending
approval of the following proposed schedule for the
fiscal year 1993-94 budget study process, as follows, was
before Council.
333
il
ACTION=
Date
Budget Preparation Activities
April 19, 1993
Public presentation of Fiscal Year
1993-94 recommended budget to City
Council by City Manager.
April 19, 1993
Advertisements of public hearings on
recommended budget and tax rates
appear in the newspaper.
April 26, 1993
Public hearings on recommended
budget and tax rates - Civic Center
Exhibition Hall (7:00 p.m.)
May 4-7, 1993
City Council budget study work
sessions.
May 10, 1993
City Council adopts General Fund and
Enterprise Fund budgets and approves
an annual appropriation ordinance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden moved that Council concur in the
recommended schedule. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None-- 0.
(Vice-Mayor Fitzpatrick was absent.)
STREET LIGHTS-STATE HIGHWAYS: A report of the City
Manager with regard to an inquiry of Mayor Bowers on
December 7, 1992, that the City Administration inquire of
the Virginia Department of Transportation as to their
announced plans to widen portions of 1-81 through the
Roanoke Valley, and also in connection with the need for
lighting of 1-581/Southwest Expressway, particularly the
interchanges, was before Council.
A communication from Fred Altizer, Jr., District
Administrator, Virginia Department of Transportation,
advising that the Department is in the very early
planning stages for adding additional lanes on 1-81; that
currently the six year plan contains funds to begin
preliminary engineering for approximately a 40 mile
section of 1-81 from the intersection of Route 460 at
334
ACTION=
Christiansburg to the South Buchanan exit at the Route 11
intersection in Botetourt County; that at this time
sufficient information is not available to determine the
extend of impact on 1-581 intersection as a result of the
widening and it is anticipated that there will be major
changes in the configuration of the intersection due to
the capacity level that will be required; and there are
no plans to include lighting for 1-581 and the Southwest
Expressway, was also before Council.
(For full text, see report and communication on file in
the City Clerk's Office.)
Mr. McCadden moved that the report and communication
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Musser, White,
Harvey, McCadden and Mayor Bowers
Bowles,
6.
NAYS: None -0.
(Vice-Mayor Fitzpatrick was absent.)
SEWERS ANDSTORMDRAINS-COMPLAINTS-WATER RESOURCES:
A report of the City Manager with regard to concerns
expressed by Paul L. Hurd in connection with frequent
occurrences of sewer back-ups in his residence located at
4970 Florist Road, N. W., advising that the main sewer
line serving the majority of the Crossroads Mall area and
some of the residential and commercial areas of
Williamson Road serves several restaurants which, when
combined with food disposal appliances in dwellings,
causes considerable grease from food waste to be
discharged into the sanitary sewer line; and sewer lines
serving commercial areas are also prone to receive
certain bulky type items, was before Council.
It was further advised that as sewage flow with
dissolved grease and other material leaves the commercial
area and as the flow temperature cools, grease builds up
on the inside of the sewer pipe and on other materlal in
the sewage stream, all of which start to restrict the
flow of sewage; that the flow comes to the relative flat
slope in the Florist Road sewer line where the carrying
capacity of the pipe is further restricted; that local
flow from Mr. Hurd's neighborhood comes to the manhole at
the intersection of Florist Road and Vincent Avenue and
tries to compete with the flows from the commercial area;
335
ACTION:
and when grease and other material build up sufficiently
to reduce the capacity needed to carry the flow, there is
a back-up in the line in Florist Road and at Mr. Hurd's
residence.
The City Manager explained that trouble checks have
been made on the line periodically by Utility Line
Services personnel; that operating procedure has been
twice a year routine cleaning, or more frequent when a
maintenance problem was evident from visual inspection;
that upstream back-up occurred on November 29 in the 1100
block of Maitland Avenue affecting 5101 Airport Road;
that back-up occurred in Florist Road on November 30 and
December 3; and probable cause of back-ups in the Florist
Road sewer was chunks of grease and other material
loosened during the cleaning of the Maitland Avenue sewer
that did not wash down to be removed by Utility Line
Service personnel at the time of cleaning but washed down
later to cause partial blockages in the Florist Road
sewer on November 30 and December 3.
The City Manager advised that attempted solutions
include increased line cleaning frequency, continue to
offer to reimburse Mr. Hurd and his immediate neighbors
for backflow valve installations should they so desire,
continue visual inspections of the trouble prone area,
investigate possible re-routing of the sewer line across
Friendship Manor property to increase sewer line slope
and increase the flow capacity, and a letter has been
sent to the Manager of Crossroads Mall and followed by a
telephone conversation concerning the need to reduce the
amount of grease being discharged into the sewer line.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden moved that the report be received and
filed. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
TAXES-SPECIAL PERMITS-LEGISLATION-CHURCHES-
LIBRARIES: A report of the City Attorney recommending
that Council schedule public hearings for Monday,
January 11, 1993, to consider the requests of OCLC Online
336
ACTION:
ACTION:
Computer Library Center, Inc., and the Terumah
Foundation, Inc., to be designated exempt from taxation
pursuant to Article X, Section 6 (a)(6), of the
Constitution of Virginia, was before the body.
It was advised that pursuant to Section 30-19.04 of
the Code of Virginia (1950), as amended, a resolution
supporting or refusing to support such exemption can be
adopted only after a public hearing on such exemption.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden moved that Council concur in the
recommendation of the City Attorney. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None O.
(Vice-Mayor Fitzpatrick was absent.)
TOURISM-CONVENTION AND VISITORS BUREAU-
SIGNS/BILLBOARDS/ AWNINGS-ECONOmIC DEVELOPMENT: A
communication from Mayor David A. Bowers transmitting
copy of correspondence dated December 11, 1992, from the
Superintendent of the Blue Ridge Parkway; whereupon, the
Mayor advised that it is important that the City become
involved in the in-house review of the Blue Ridge Parkway
sign policy, was before Council.
It was explained that with millions of travelers
each year on Roanoke's portion of the Parkway, signs are
needed that clearly Invite tourist to view the Star on
Mill Mountain, the Mill Mountain Zoo and to know of the
easy access to downtown Roanoke; therefore, the Mayor
recommended that the matter be referred to the City
Manager for his intervention on behalf of the City.
(For full text, see communications on file in the City
Clerk's Office.)
Mr. McCadden moved that the matter be referred to
the City Manager for intervention on behalf of the City.
The motion was seconded by Mr. Musser and adopted by the
following vote:
337
ACTION:
ACTION:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers -6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
PENDING LIST: A list of items pending from July 10,
1978, through December 16, 1992, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mr. McCadden moved that the pending list be received
and filed. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White,
Harvey, McCadden and Mayor Bowers
Bowles,
6.
NAYS: None -0.
(Vice-Mayor Fitzpatrick was absent.)
OATHS OF OFFICE-COMMITTEES-TRANSPORTATION SAFETY:
A report of qualification of James L. Phillips as a
member of the City of Roanoke Transportation Safety
Commission, for a term ending October 31, 1996, was
before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. McCadden moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None, O.
(Vice-Mayor Fitzpatrick was absent.)
OATHS OF OFFICE-COMMITTEES-MENTAL HEALTH SERVICES:
A report of qualification of Onzlee Ware as a member of
the Mental Health Services Board, for a term ending
December 31, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
338
ACTION
ACTION:
ACTION:
Mr. McCadden moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote~
AYES: Council Members Musser, White,
Harvey, McCadden and Mayor Bowers ....
Bowles,
6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
OATHS OF OFFICE-COM]4ITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A report of qualification of Florlne
Thornhlll as a member of the Roanoke Neighborhood
Partnership Steering Committee, for a term ending
November 10, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. McCadden moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Musser, White,
Harvey, McCadden and Mayor Bowers
Bowles,
NAYS: None -0.
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to disposition of publicly held
property, in connection with the location of a
prospective business when no previous announcement has
been made of the business' interest in locating in the
community, specifically the possible conveyance of an
interest in land for economic development purposes,
pursuant to Sections 2.1-344 (A)(3) and 2.1-344 (A)(5),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss a matter with regard to disposition of
publicly held property, in connection with the location
of a prospective business when no previous announcement
has been made of the business' interest in locating in
339
the community, specifically the possible conveyance of an
interest in land for economic development purposes,
Dursuant to Sections 2.1-344 (A)(3) and 2.1-344 (A)(5),
Code of Virginia (1950), as amended. The motion was
seconded by Mr. Musser and adopted by the following vote=
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None-- 0.
(Vice-Mayor Fitzpatrick was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
POLICE DEPARTMENT-ANIMALS/INSECTS-COMPLAINTS:
Mr. Walker E. Nelms, 5721 Scenic Hills Drive, S. W.,
referred to a proposed animal control ordinance which was
forwarded to Council, advising that Section E should be
omitted. He stated that in the past few years, concern
with regard to pet overpopulation in the Roanoke Valley
has grown; and groups such as the Roanoke Valley
S.P.C.A., the Roanoke Valley Veterinary Medical
Association, the Roanoke Kennel Club, and People for
Better Laws for Animal Protection, as well as animal
control officers and private citizens, realize that
putting to death between 5,000 and 6,000 healthy,
homeless animals each year is unacceptable. In an effort
to end these senseless killings, he explained that these
groups and individuals have turned largely to the private
sector for assistance and contributions from businesses
and individuals, as well as media exposure from radio,
television and newspaper, have helped to educate the
public about pet ownership responsibilities and the
importance of spaying and neutering. He explained that
the adoption rate at the S.P.C.A. is up slightly, and the
number of animals being put to death has decreased, but
unfortunately, there is still a long way to go, and it is
time for Roanoke Valley governments to step forward and
help with the pet overpopulation problem.
Mr. Nelms advised that during the month of July,
letters were sent to the abovenamed groups requesting
that they appoint representatives to serve on a task
force charged with the responsibility of recommending
workable and realistic changes to current animal control
ordinances in Roanoke City and Roanoke County. He
pointed out that since July, the task force has met on a
34O
regular basis to review State codes, ordinances in effect
in other parts of the country, as well as regulations
throughout the Commonwealth of Virginia, the end result
being the proposal presently before Council which is
directed at creating more responsible and accountable pet
owners. In addition, he stated that the task force
addressed the issue of the growing problem of rabies on
a local level, therefore, what started out as a single
mission concerned with pet overpopulation now has a dual
purpose. He advised that the proposed ordinance has been
endorsed by the Board of Directors of the Roanoke Valley
S.P.C.A., the Roanoke Valley Veterinary Medical
Association, and the City's Health Director. He
requested that Council give favorable consideration the
proposed ordinance in order to stop the needless killing
of 5,000 to 6,000 animals per year, as well as stem the
tide of rabies.
(See draft ordinance on file in the City Clerk's Office.)
Dr. Mark R. Finkler, member of the Roanoke Valley
VeterinaryMedical Association, member of the task force,
and owner of an animal hospital in the City of Roanoke
also endorsed the proposed ordinance. He stated that
aside from the positive ramifications of the ordinance on
the severe animal ouerpopulation problem, the measure
will play an important role in dealing with the serious
rabies epidemic that the Roanoke Valley is facing. He
explained that there has been a 40 per cent increase in
the number of rabid animals in the Commonwealth of
Virginia compared to the previous year, that a confirmed
case of rabies was reported in the City of Roanoke
recently, and it is Just a matter of time before one of
Roanoke's children will be bitten by a rabid animal,
especially in view of the large number of feral,
unvaccinated cats, not to mention raccoons within the
City limits. He commented that while rabies is primarily
a problem in wildlife, i.e. raccoons and skunks, the
problem is beginning to spill over into the dog and cat
population; and it should be pointed out that recently,
there have been more reported cases of rabies in cats
than in dogs in the Commonwealth of Virginia. He advised
that all animal control experts and all public health
officers recommend a formal rabies registration program
for dogs and cats; that such a program currently exists
for dogs, and the proposed ordinance calls for formal
registration for rabies vaccinations for cats. He
explained that such a program will help to quickly verify
the rabies vaccination status of a cat should the animal
bite a person, and the program will serve as an important
tool in determining whether it will be necessary for a
341
ACTION:
person bitten by a cat to undergo post-exposure rables
treatment. For the above reasons, he also urged that
Council give favorable consideration to the proposed
ordinance.
Mr. Fitzpatrick entered the meeting at 2:15 p.m.
Mr. Harvey moved that the matter be referred to the
City Manager and the City Attorney for study, report and
recommendation to Council, and that a comparison be made
of the City's current regulations as opposed to the
proposed regulations. The motion was seconded by Mr.
Fitzpatrick and adopted.
CITY JAIL: A request of Roberta A. Bondurant,
Chairperson, Action Council, Roanoke Valley Poverty Task
Force, to address Council with regard to expanding the
Roanoke City Jail, was before the body.
The Mayor advised that Ms. Bondurant had requested
that the matter be deferred indefinitely.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of funds to
the following school accounts, was before the body.
Grant No. 6138
$40,000.00 for the Chapter I
Pre-K Expansion Program to
provide for the expansion of
the program for at-risk four-
year olds from part day to full
day operation. The program
will be 100 per cent reimbursed
by Federal funds.
Grant No. 6437
$130.00 for the Title III GED
Tuition Program to provide
tuition for selected students
to attend the GED course. The
program will be 100 per cent
reimbursed by Federal funds.
Grant No. 6510
$6,692.00 for the 1992-93
Transitional Services Program
to provide materials to ensure
a smooth transition for
handicapped students entering
342
AC~ION~
the school system. The program
will be 100 per cent reimbursed
by Federal funds.
Grant No. 6904
Grant No. 6905
$9,500.00 for the 1993 Western
Virginia Regional Science Fair
which is being hosted by
Roanoke City. School districts
will contribute toward the cost
of the fair, with a local match
in the amount of $1,600.00.
$30,000.00 for the Chess
program to pay for chess
instruction and supplies. The
funds are from a private
donation.
A report of the Acting Director of Finance
recommending that Council concur in the request of the
School Board, was al~o before the body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#31289-010493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 304.)
Mr. White moved the adoption of Ordinance No. 31289-
010493. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None ....... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
343
PAY PLAN-CITY EMPLOYEES-COMPLAINTS= The City
Manager orally advised that Council previously directed
him to evaluate the City's pay plan and to submit a
recommendation during the month of January, 1993. He
explained that during the month of September, 1992, nine
focus group meetings were held with approximately 125 to
150 employees in groups as small as seven to ten people
and as large as 30 to 40 people to discuss issues of
concern and to reach a level of understanding. He stated
that there was participation by representatives of all
four Directorates and Constitutional Officers and
Council-Appointed Officers were invited to have their
employees participate in the focus group process.
The City Manager explained that following the first
round of focus group meetings, he met with each of the
groups to go over his responses to their concerns and
from that process, it was felt that a representative
group of employees should be appointed from nine
different departments to begin to understand how the pay
plan works, existing alternatives, and future options.
He commended the committee for its hard work and
preltminaryrecommendatlons and introduced the following
committee members: Diane S. Akers, Office of Management
and Budget; Fred L. Baker, Crew Supervisor III, Solid
Waste ~anagement; Dee T. Chlldress, Children's Services
Coordinator, Library; Bob L. Henderson, Social Services
Training Coordinator, Ltnda S. Isom, Customer Service
Supervisor, Billings and Collections; William D. Jobe,
Lieutenant, Police Department; Bill E. Obenchain,
Captain, Roanoke City Fire Department; Jesse H. Perdue,
Manager, Utility Line Services; and Coy L. Weaver,
Systems Development Administrator, Computer Information
Services.
Mr. Herbert stated that a total of 18 meetings were
held, totalling 60 - 65 hours; that issues identified by
the committee pertained to employees who received a pay
increase of three per cent or less during fiscal year
1992-93, overlapping pay ranges in terms of the
promotional process and the supervisor/employee
relationship, one pay plan versus multiple pay plans,
step pay plans, reclassification of existing positions,
longevity, promotional pay increases, pay for performance
(existing rewards for exceptional performance by
employees), and soundness of the City's current pay plan.
He advised that the committee submitted specific
recommendations which will be reviewed and during the
month of January, he would propose to discuss the
recommendations with the focal groups and with operating
department managers to obtain their input. He stated
344
ACTIONt
that there will be two-way participation because the
quality of the questions, the quality of the people who
work on the issues and the quality of the review will
have a direct relationship to the quality of the product
that ultimately will be brought to Council for
implementation. He advised that specific recommendations
will be submitted to Council during the month of
February, and pointed out that the goal of the entire
process is to treat employees fairly, however, it is
unlikely that the recommendations will please all
employees insofar as the play plan is concerned, but the
recommendations will make good business sense, will be
accepted by a majority of employees, and will be fiscally
responsible on behalf of the City of Roanoke.
Mr. Harvey moved that the oral report be received
and filed. The motion was seconded by Mr. Fitzpatrick
and adopted.
ITEMS RECOMMENDED FOR ACTION:
TAXES-ROANOKE CIVIC CENTER: The City Manager
submitted a written report with regard to the City's
practice of waiving certain rental fees at the Roanoke
Civic Center for organizations utilizing the facility in
the name of charity, said information having been
requested by Council Member Harvey; as well as a separate
issue which received recent news media coverage in
connection with the admission tax.
It was advised that rental fees are waived only when
the City of Roanoke is a sponsor or participant in an
event, i.e. City training or meeting, for the United Way
of Roanoke Valley for campaign worker luncheons, and for
the ~merican Red Cross Annual Blood Donorama; that
pursuant to Section 24-26 (d) of the Code of the City of
Roanoke (1979), as amended, non-profit organizations are
granted a civic rate for use of the Civic Center
facilities and said rates are established by the Civic
Center Commission; and the Civic Center collects
admission tax for all events where all tickets are sold
at the Civic Center or through authorized agents; and
previously, for those events for which the Civic Center
does not sell all tickets, tax from the organization
renting the facility has been collected based on a
variety of information.
It was pointed out that rental contracts are being
amended to require the organization renting the Civic
Center to recognize that admission tax is due on all
tickets sold and to identify those events where an
345
II
ACTION:
admission fee is to be charged; that for those events for
which the Civic Center will not handle ticket sales, the
organization will be directed to contact the Office of
Billings and Collections for instructions on the handling
of admission tax; that henceforth, a copy of all
contracts, for use of Civic Center facilities when all
tickets are not sold by the Civic Center or authorized
agents but for which an admission charge is to be applied
will be turned over to the Office of Billings and
Collections, an office reporting to the Director of
Finance, for administration of collection of the
admission tax; and Civic Center management will continue
to follow rental policies established by the Civic Center
Commission.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the report.
The motion was seconded by Mr. Harvey and unanimously
adopted.
BUDGET-SEWERS AND STORM DRAINS-FLOOD REDUCTION/
CONTROL-CONSULTANTS REPORTS: The City Manager submitted
a written report with regard to the Peters Creek Flood
Reduction Project, advising that flooding along Peters
Creek in northwest Roanoke City has been a community
issue for a number of years; that Mattern and Craig,
Inc., was hired by the City to perform a Peer Review of
the City's Feasibility Study for flood reduction on
Peters Creek and was subsequently hired to complete
contract documents required to construct clearing and
snagging, channel improvements, bridge replacement,
floodproofing and detention facilities; and in a Council
report recommending that a contract be entered into with
Mattern & Craig, Inc., for final design, City staff noted
that the construction oversight portion of the consultant
contract would be negotiated at a later date and brought
to Council for approval.
It was explained that construction of channel
widening and clearing and several key bridge replacements
began in the fall of 1992; that with detention facilities
and flood proofing due for construction in the near
future, while the City has retained some consultant
services to oversee initial construction with the
previous contract, it is imperative that the City
continue utilizing consultant services to advise the City
in the event that serious problems arise; that City staff
negotiated a contract amendment with Mattern & Craig,
Inc., in the amount of $60,000.00, for construction
346
ACTION=
ACTION=
oversight and administration; that the fee represents
approximately 1.5 per cent of total construction cost;
and services to be provided by Mattern & Craig, Inc.,
would be on a as needed basis.
The City Manager recommended that he be authorized
to execute an amendment with Mattern & Craig, Inc., tn an
amount not to exceed $60,000.00, for construction
administration and oversight, with the contract to be
approved as to form by the City attorney~ and that the
Acting Director of Finance be authorized to transfer
$60,000.00 from Public Improvement Bonds, Account No.
008-052-9700-9176, to Peters Creek Flood Proofing,
Account No. 008-052-9662.
(For full text, see report on file In the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance=
(#31290-010493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 306.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31290-010493. The motion was seconded byMrs. Bowles and
adopted by the following vote=
AYES= Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... ?.
NAYS= None, O.
Mr. Fitzpatrick offered the following resolution=
(#31291-010493) A RESOLUTION approving the City
Manager's issuance of an amendment to the City's contract
with Mattern & Craig, Inc., for engineering services An
connection with the Peters Creek Flood Reduction project.
(For full text of Resolution, see Resolution Book No. 54,
page 307.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31291-010493. The motion was seconded by Mrs. Bowles and
adopted by the following vote=
347
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS~ None O.
BUDGET-APPALACHIAN POWER COMPANY-FLOOD REDUCTION/
CONTROL-SEWERSA~STORMDRAINS-CONSULTANTS REPORTS: The
City Manager submitted a written report advising that
floodproofing of the Sewage Treatment Plant included the
construction of a 15 foot high berm in front of the
administrative offices; that the berm required the
relocation of several power poles; that channelization of
Peters Creek adjacent to the Roanoke-Salem Plaza required
the relocation of existing power poles along Peters
Creek; and Appalachian Power Company will not provide a
firm estimate prior to relocating their facilities,
therefore, the City, along with other customers, must
request work to be completed on an "emergency basis" and
pay for the actual cost of relocation after all work is
completed.
It was explained that power pole relocations have
been completed on the Sewage Treatment Plant and Peters
Creek Projects; that Appalachian Power Company has
submitted a bill for payment, in the amount of $24,236.00
for the Sewage Treatment Plant and $1,351.79 for Peters
Creek; that it had originally been estimated that the
cost of work at the Sewage Treatment Plant was within the
City Administration's authority to authorize, however
changes required by the U. S. Army Corps of Engineers
made the final cost more expensive; and additional
expenses, up to an estimated $12,646.00, are expected to
be incurred for other project elements in the short-term
period for such work as bridge relocations.
The City Manager recommended that the following
actions be approved by Council:
authorize the City Manager to execute two
purchase orders in the amount of $24,236.00
from Account No. 008-056-9617, and $1,351.79
from Account No. 008-052-9700-9176;
authorize other payments, up to $12,646.00, to
Appalachian Power Company in connection with
work to be performed as a result of the
Roanoke River Flood Reduction Project or the
Peters Creek Flood Reduction Project as the
work is properly verified and will be charged
to either of the above accounts as
appropriate~ and
348
ACTION=
ACTION=
transfer $13,998.00 from 1992-A Bond Proceeds,
Account No. 008-052-9700-9176, to Peters Creek
Flood Reduction Phase I, Account No. 008-052-
9704-9001, with $24,236.00 available tn
Roanoke River Flood Reduction, Account No.
008-056-9617-9003.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance=
(#31292-010493) AN ORDINANCE to amend and reordatn
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 308.)
Mrs. Bowles moved the adoption of Ordinance No.
31292-010493. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote=
AYES: Council Members Musser, White,
Fitzpatrick, Harvey, McCadden and Mayor Bowers
Bowles,
NAYS= None 0.
Mrs. Bowles offered the following emergency
ordinance:
(#31293-010493) AN ORDINANCE providing for the
relocation of power poles by Appalachian Power Company in
connection with the Roanoke River Flood Redu~tion Project
and the Peters Creek Flood Reduction Project, authorizing
the execution of purchase orders for the relocation of
such poles} and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 309.)
Mrs. Bowles moved the adoption of Ordinance No.
31293-010493. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers -7.
NAYS: None
.0.
349
ACTION:
ACTION:
CITY JAIL-CITY SHERIFF-EQUIPMENT: The City Manager
submitted a written report recommending that Council
accept the bid submitted by Magic City Motor Corporation
for providing three new automobiles for use by the
Sheriff's Department, in the total amount of $39,675.00;
and reject all other bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(931294-010493) A RESOLUTION accepting the bid of
Magic City Motor Corporation made to the City for
furnishing three new automobiles for use by the Sheriff's
Department.
(For full text of Resolution, see Resolution Book No. 54,
page 310.)
Mr. Harvey moved the adoption of Resolution No.
31294-010493. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser,
Fitzpatrick, Harvey and McCadden
White, Bowles,
6.
NAYS: None. 0.
(Mayor Bowers abstained from voting.)
ACTING DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Acting Director of Finance
submitted the Financial Report for the City of Roanoke
for the month of November, 1992.
(For full text, see Financial Report on file in the City
Clerk's office.)
Mr. Musser moved that the Financial Report be
received and filed. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
CITY ATTORNEY:
CITY CHARTER-ZONING-COMMITTEES: The-City Attorney
submitted a written report advising that at the regular
meeting of Council on Monday, December 14, 1992, Council
referred to the City Attorney the issue of City Council's
term limitation ordinance which would bar reappointment
350
of four of the five incumbent members of the Board of
Zoning Appeals; and Section 2-281.1, Code of the City of
Roanoke (1979), as amended, provides that upon the
completion of three consecutive complete terms of office
after the date of adoption of Section 2-281.1, no member
of any permanent board, authority, commission or
committee of the City shall be eligible for reappointment
to the same office.
The City Attorney explained that while the terms of
all five members of the Board of Zoning Appeals expired
on December 31, 1992, or as soon thereafter as their
successors are appointed, four of the five incumbent
members of the Board are subject to the term limitation
established by Section 2-281.1 and would not, without
special action of Council, be eligible for reappointment;
that in 1991, the City Charter was amended to prevent
such an occurrence; and Section 62(8) of the City
Charter, adopted at the 1991 Session of the General
Assembly, provides that, with the expiration of the terms
of the five incumbent members of the Board, two members
should be appointed for terms of three years each, two
members should be appointed for terms of two years each,
and one member should be appointed for a term of one
year.
The City Attorney transmitted a measure which
provides that the four incumbent members of the Board who
are subject to the term limitation set forth in Section
2-281.1 may be reappointed for one additional term, which
may be a full or a partial term, and members would
thereafter be subject to the term limitation set forth in
Section 2-281.1. He noted that pursuant to Section 62(8)
of the City Charter, appointment of members of the Board
would be on the following basis:
two members for terms of three years each,
commencing January 1, 1993, and expiring
December 31, 1995;
two members for terms
commencing January l,
December 31, 1994; and
of two years each,
1993, and expiring
one member for a term of one year, commencing
January 1, 1993, and expiring December 31,
1993.
(For full text, see report on file in the City Clerk's
Office.)
351
ACTION:
Mr. Musser offered the following emergency
ordinance:
(#31295-010493) AN ORDINANCE granting a limited
exception to the three term limit established by Section
2-281.1, Code of the City of Roanoke (1979), as amended,
for the incumbent members of the Board of Zoning Appeals
who would otherwise be subject to such term limit; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 311.)
Mr. Musser moved the adoption of Ordinance No.
31295-010493. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, W~lte, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None O.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 31271-010493 rezoning a tract
of land located at 3002 Brandon Avenue, S. W., containing
.327 acre, more or less, identified as Official Tax No.
1620111, from RM-2, Residential Multi-Family, Medium
Density District, to CN, Neighborhood Commercial
District, subject to certain conditions proffered by and
set forth in the first amended petition filed in the City
Clerk's Office on October 15, 1992, having previously
been before the Council for its first reading on Monday,
December 14, 1992, read and adopted on its first reading
and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final
adoption:
(%31271-010493) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 162, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 288.)
352
ACTION:
ACTIONs
Mrs. Bowles moved the adoption of Ordinance No.
31271-010493. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None 0.
ZONING: Ordinance No. 31272-010493 rezoning two
tracts of land located at 1702/1704 Greenwood Road,
S. W., described as Lot 11, Block 23, Map of Raleigh
Court Corporation, and 1708/1710 Greenwood Road, S. W.,
described as Lot 10, Block 23, Map of Raleigh Court
Corporation, Official Tax Nos. 1340101 and 1340103,
respectively, from RS-3, Residential Single Family
District, to RM-2, Residential Multi-Family, Medium
Density District, subject to certain conditions proffered
by the petitioners and filed in the City Clerk's Office
on October 14, 1992, having previously been before the
Council for its first reading on Monday, December 14,
1992, read and adopted on its first reading and laid
over, was again before the body, Mr. Harvey offering the
following for Its second reading and final adoption:
(#31272-010493) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 134, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 289.)
Mr. Harvey moved the adoption of Ordinance No.
31272-010493. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None O.
ZONING: Ordinance No. 31273-010493 rezontng a tract
of land located on the southwesterly side of Mexico Way,
N. E., containing .78 acre, more or less, Identified as
Official Tax No. 7110105, from RS-3, Residential Single
Family District, to C-2, General Commercial District,
subject to certain conditions proffered by the petitioner
as set forth in the second amended petition filed in the
City Clerk's Office on October 30, 1992, having
353
ACTIONs
ACTION:
previously been before the Council for its first reading
on Monday, December 14, 1992, read and adopted on its
first reading and laid over, was again before the body,
Mr. Musser offering the following for its second reading
and final adoption:
(#31273-010493) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 711, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 291.)
Mr. Musser moved the adoption of Ordinance No.
31273-010493. The motion was seconded byMr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None 0.
STREETS AND ALLEYS: Ordinance No. 31274-010493
altering and closing by barricade a portion of Maitland
Avenue, N. W., between Williamson Road and Woodbury
Street, having previously been before the Council for its
first reading on Monday, December 14, 1992, read and
adopted on its first reading and laid over, was again
before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#31274-010493) AN ORDINANCE authorizing the
alteration and closing by barricade of a certain public
right-of-way in the City of Roanoke, Virginia, as is more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 292.)
Mrs. Bowles moved the adoption of Ordinance No.
31274-010493. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers --7.
NAYS: None 0.
354
CITY CODE-ZONING-POLICE DEPARTMENT-SIGNS/
BILLBOARDS/AWNINGS-ARCHITECTURALRE¥IEW BOARD: Ordinance
No. 31275-010493 amending and revising Chapter 36.1,
Zoning, of the Code of the City of Roanoke (1979), as
amended, having previously been before the Council for
its first reading on Monday, December 14, 1992, read and
adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(#31275-010493) AN ORDINANCE amending S36.1-25,
Definitions; S36.1-53, Special exception uses, by the
addition of new subsection (11); subsection (a) of S36.1-
72, Special exception uses, by the addition of new
subsection (12); ~36.1-90, Special exception uses, by
the addition of new subsection (15); S36.1-108, Special
exception uses, by the addition of new subsection (14);
~36.1-126, Permitted uses, by the addition of new
subsections (11), (12) and (13); S36.1-145, Permitted
uses, by the addition of new subsections (6) and (7);
~36.1-207, Special exception uses, by the addition of new
subsection (10); ~36.1-250, Special exception uses., by
the addition of new subsections (6) and (7); ~36.1-271,
Special exception uses, by the addition of new
subsections (4) and (5); ~36.1-443, Slqn regulations for
the CN and C-1 districts, by the addition of new
subsection (c); subsection (a) of S36.1-511, General
requirements for all day care centers; subsection (a) of
S36.1-571, Application; ~36.1-575, Submission
procedures; basic development plan, by the addition of
new subsection (c); and ~36.1-640, Appointment~
membership, of Chapter 36.1, Zontnq, of the Code of the
City of Roanoke (1979), as amended, and adding new S36.1-
563, Application, ~36.1-564, Keeplnq of inoperative
vehicles, and ~36.1-565, Removal of inoperative vehicles,
of Chapter 36.1, Zontnq, of the Code of the City of
Roanoke (1979), as amended, and repealing ~21-40.1, Open
storaqe of Inoperative vehicles In residential or
commercial or aqricultural districts, of Chapter 21,
Offenses - Miscellaneous, of the Code of the City of
Roanoke (1979), as amended, such amendments and additions
shall define new terms, tow truck operation and
inoperative vehicle; permit day care centers accessory to
churches, synagogues and other places of worship as
special exception uses in RA, RS-l, RS-2, RS-3, and RM-1
Districts, and as permitted uses in RM-2 Districts;
permit day care homes and day care centers accessory to
multifamily dwellings of fifty (50) dwelling units or
more in RM-2, RM-3 and RM-4 Districts; permit medical
laboratories as special exception uses in the C-2
District; permit a tow truck operation as a special
355
ACTION:
exception use in LMand HMDlstricts; permit the retail
sale of goods stored on the premises in LM and HM
Districts; amend sign regulations in CN and C-I
Districts; amend general requirements for all day care
centers; require either a basic development plan or a
comprehensive development plan with an application for a
zoning permit; amend membership requirements for the
Architectural Review Board; regulate the storage of
inoperative vehicles; and such repeal relating to a code
section prohibiting the open storage of inoperative
vehicles.
(For full text of Ordinance, see Ordinance Book No. 54,
page 293.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31275-010493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None O.
ANNEXATION/CONSOLIDATION: Ordinance No. 31285-
010493 authorizing the Mayor to execute an agreement
between the Town of Vinton, the County of Roanoke, and
the City of Roanoke relating to the boundary line between
said governmental entities, directing the City Clerk to
cause a description of such boundary to be published as
provided by law, and directing that certain other actions
relating to such boundary line be taken as provided by
law, having previously been before the Council for its
first reading on Monday, December 14, 1992, read and
adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(931285-010493) AN ORDINANCE authorizing the Mayor
to execute an agreement between the Town of Vinton, the
County of Roanoke, and the City of Roanoke relating to
the boundary line between said governmental entities,
directing the City Clerk to cause a description of such
boundary to be published as provided by law, and
directing that certain other actions relating to such
boundary line be taken as provided by law.
(For full text of Ordinance, see Ordinance Book No. 54,
page 300.)
356
ACTION:
ACTIONs
Mr. Fitzpatrick moved the adoption of Ordinance No.
31285-010493. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None 0.
COUNCIL: Mr. Harvey offered the following
resolution cancelling the regular meeting of City Council
scheduled for January 19, 1993:
(#31296-010493) A RESOLUTION cancelling the regular
meeting of City Council scheduled for January 19, 1993.
(For full text of Resolution, see Resolution Book No. 53,
page 312.)
Mr. Harvey moved the adoption of Resolution No.
31296-010493. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None' 0.
MOTIONS ANDMISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
CITY JAIL-CITYSHERIFF-CAPITALIMPROVEMENTS PROGRAM:
Mr. Musser inquired if the City Manager is working on a
project to relieve the overcrowding situation at the
Roanoke City Jail; whereupon, the City Manager advised
that he is working on a solution that is projected to
meet the needs of the Jail for the next five to ten
years. He stated that on December 15, 1992, the Jail had
a population of 475 inmates, of which 174 were State
prisoners. He explained that on a 50/50 basis, the
proposed expansion project will be in the range of $6 -
$7 million; and he would propose that the matter be
discussed on February 10 as a part of the City's Capital
Improvement Strategic Planning Session. He advised that
Jail expansion is a critical issue facing Roanoke City
government, and something must be done to correct the
problem before the situation becomes more serious. He
pointed out that there does not appear to be any movement
on the part of the State legislature of offer assistance,
357
ACTION:
and the message seems to be that the City could expect
major funding problems with the State, however, a project
to alleviate existing conditions cannot be postponed for
several years before the City embarks on a solution. He
explained that this problem is rampant in every Virginia
community, and he would hope that Council will hold the
State responsible for its share of Jail expansion costs.
Mr. Harvey encouraged the City Manager to refrain
from recommending additional capital projects until a
funding mechanism is in place to deal with the Jail
overcrowding situation, and pointed out that the City
should address the matter as a priority emergency item.
Sheriff W. Alvin Hudson advised that he has
endeavored to keep Council and the City Manager informed
for the past two years with regard to the potential
crisis situation at the Roanoke City Jail. He stated
that the Jail is operating in excess of every State
regulation and is currently housing over 500 inmates in
a Jail that was originally designed for approximately
200. He advised that he has met with State legislators
and spent many hours in Richmond fighting for the cause
of Roanoke; that additional space must be found to house
prisoners; and the longer the solution is delayed, the
worse the situation will become, and the more money the
taxpayers of the City of Roanoke will be called upon to
fund.
OTHER HEARINGS OF CITIZENS: None.
At 3:05 p.m., the Mayor declared the meeting in
recess.
At 4:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
358
ACTION~
ACTION:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None 0.
OATHS OF OFFICE-ZONING-COMMITTEES: The Mayor
advised that the terms of office of Walter L. Wheaten,
L. Elwood Norris, T. E. Roberts, Richard A. Rife and
Robert R. Copty as members of the Board of Zoning Appeals
expired on December 31, 1992, and called for nominations
to fill the vacancies.
Mr. White placed in nomination the
Walter L. Wheaten, L. Elwood Norris, T. E.
Richard A. Rife and Robert R. Copty.
names of
Roberts,
There being no further nominations, Messrs. Rife and
Copty were reelected for terms of three years each,
ending December 31, 1995, Messrs. Wheaten and Norris were
reelected for terms of two years each, ending
December 31, 1994, and Mr. Roberts was reelected for a
term of one year, ending December 31, 1993, as members of
the Board of Zoning Appeals, by the following vote:
FOR MESSRS. WHEATON, NORRIS, RIFE, COPTY AND
ROBERTS: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ........ 7.
OATHS OF OFFICE-COMMITTEES-PLANNING: The Mayor
advised that there is a vacancy on the City Planning
Commission created by the resignation of William A.
Sowers, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of
Barbara N. Duerk.
There being no further nominations, Ms. Duerk was
elected as a member of the City Planning Commission for
a term ending December 31, 1996, by the following vote:
FOR MS.
White, Bowles,
Mayor Bowers
DUERK: Council Members Musser,
Fitzpatrick, Harvey, McCadden, and
OATHS OF OFFICE-COMMITTEES-MENTAL HEALTH SERVICES:
The Mayor advised that there is a vacancy on the Mental
Health Services Board created by the resignation of
Robert L. Lynn, III, and called for nominations to fill
the vacancy.
359
ACTION=
ACTION=
Mrs. Bowles placed in nomination the name of
Michael A. Grant.
There being no further nominations, Mr. Grant was
elected as a member of the Mental Health Servlces Board
to fill the unexpired term of Robert L. Lynn, III,
resigned, ending December 31, 1994, by the following
vote:
FOR MR.
White, Bowles,
Mayor Bowers
GRANT: Council Members Musser,
Fitzpatrick, Harvey, McCadden and
7.
OATHS OF OFFICE-COMMITTEES-MENTAL HEALTH SERVICES:
A communication from Dr. Fred P. Roessel, Jr., Executive
Director, Mental Health Services of the Roanoke Valley,
advising that the at-large term of appointment of Dr.
Cheri Hartman as a member of the Mental Health Services
Board of Directors expired on December 31, 1992; that By-
Laws of the Board require that at-large members be
recommended by the Board to the five participating
localities; that all five local governments must concur
in the recommendation in order to confirm an appointment;
that Dr. Hartman is eligible for consideration for
another term; and at the December 3, 1992 Board of
Directors meeting, a resolution was adopted recommending
reappointment of Dr. Hartman as an at-large member for a
term of three years, ending December 31, 1995, was before
Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the
reappointment of Dr. Cheri Hartman as an at-large member
of the Mental Health Services Board for a term of three
years ending December 31, 1995. The motion was seconded
by Mr. Fitzpatrick and unanimously adopted.
ACTION:
CITY CODE-CITY EMPLOYEES-PENSIONS: Mr. White moved
that the City Attorney be authorized to retain the law
firm of Woods, Rogers & Hazelgrove to represent the City
of Roanoke in a law suit brought against the City by
David H. Dew with regard to prior government service.
The motion was seconded by Mr. Musser and unanimously
adopted.
36O
There being no further business, the Mayor declared the
meeting adjourned at 5:00 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
361
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
January 11, 1993
7 ~30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, January 11,
1993, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members William White, Sr., Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Delvts O.
McCadden, Howard E. Musser and Mayor David A. Bowers 7.
ABSENT: None
OFFICERS PRESENTg W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grtsso, Acting Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Richard
McNutt, Pastor, Melrose Avenue United Methodist Church.
The Pledge of AIlegiance to the Flag of the United States of
America was led by Boy Scout Troop No. 7 representing Our Lady of
Nazareth Catholic Church.
ROANOKE VALLEY RESOURCE AUTHORITY-REFUSE COLLECTION-
PLANNING-ACTS OF ACKNOWLEDGEMENT: The Mayor advised that
recently the City received the 1992 Virginia Municipal
League award for the citizen participation process that
was used to select a site for the regional solid waste
transfer station on Hollins Road. He further advised
that a group of citizens serving on the Long Range
Planning Subcommittee of the City Planning Commfssion and
an appointed Solid Waste Citizens Advisory Committee
worked long hours to develop a unique and successful
siting process, as well as design and operating criteria
which will help insure that the facility will be
attractive and remain an asset to the surroundfng
neighborhood.
On behalf of Roanoke City, the Mayor stated that he
was pleased to present each member of the Long Range
Planning Subcommittee and the Citizens AdvisoryCommittee
with a plaque in recognition of their contribution.
362
Plaques were presented to the following persons=
Lonq Range Planning Subcommittee Members:
Paul C. Buford, Jr.
John P. Bradshaw, Jr.
John Bo Ferguson
Citizens Advisory Committee Members=
Ray Barbour
James Howard
Davis Maxey
Hugh Meagher
Richard Patterson
Roy Stroop
Lenora Williams
VETERANS AFFAIRS= Mr. Steve Goodwin, Board of
Directors and Immediate Past President of the Roanoke
Valley Veterans Council, appeared before Council in
connection with presentation of 100 new American flags
and staffs to replace some of the older flags used for
holiday placement on downtown City streets, and to
provide additional coverage for new plies around the
Dominion Tower and the expanded area of Elm Avenue at 1-
581 and Community Hospital. He explained that the
Roanoke Valley Veterans Council has provided the flags
and holiday placement services to the City of Roanoke for
over 25 years and during that time, flags and staffs have
been provided by numerous veteran, civic and community
organizations. He stated that the 100 new flags were
purchased bya donation of $3,000.00 from the Steve Brody
Fund which is administered by Mr. Marcus Kaplan in
conjunction with Messrs. Waynard Caldwell and Harvey
Barker of the Roanoke Valley Veterans Council.
On behalf of the City of Roanoke, the Mayor
expressed appreciation to the Roanoke Valley Veterans
Council for its patriotic contribution and assistance
with the City's United States Flag program across more
than two decades.
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, January 11, 1993, at 7~30 p.m., or as soon
thereafter as the matter may be heard, on the request of
Billy F. Richards that a certain 12-foot alley running in
· 363
AC?ION~
a north-south direction between Official Tax Nos. 4142631
and 4142630, and being perpendicular to Buena Vista
Boulevard, S. E., be permanently vacated, discontinued
and closed, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
December 25, 1992, and Friday, January 1, 1993.
(See publisher's affidavit on file In the City Clerk's
Office.)
A report of the City Planning Commission advising
that the alley runs generally north to south
approximately 170 feet in length from its intersection
with Buena Vista Boulevard, S. E., and terminates at an
undeveloped alley~ that said alley is approximately 12
feet in width and has never been opened pursuant to
Ordinance No. 5705; that the subject alley portion, which
exists as a paper alley, is grass covered, has been
maintained by the applicant for some time and is not and
has not been used as a public alley; that all landowners
whose property adjoin the property to be vacated have
been notified and are in agreement with the application;
and the petitioner desires to use the property vacated as
an adjunct to his existing yard, was before Council.
The Planning Commission recommended that Council
approve the request to close and permanently vacate the
abovedescribed alley, subject to the following
conditions:
that the applicant agree to submit to the
City, receive approval of and record a plat of
subdivision, said plat providing for the
disposition of the land within the vacated
right-of-way, as provided for by law and
providing thereon for all easements~ and
if such plat of subdivision is not submitted,
approved and recorded within a period of 12
months from the date of any ordinance
providing for such closure, said ordinance
shall become null and void with no further
action by Council being neceusary.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading=
364
(#31297) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 328.)
The motion was seconded by Mr. McCadden.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for closure. There being none, Ordinance No. 31297 was
adopted, on its first reading, by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers .............. 7.
NAYS: None 0.
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday,
January 11, 1993, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of John T. Davis,
Jr., that a tract of land located at 209 Ninth Street,
N. W., identified as Official Tax No. 2112019, be rezoned
from LM, Light Manufacturing District, to RM-1,
Residential Multi-Family, Low Density District, subject
to certain conditions proffered by the petitioner, the
matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
December 25, 1992, and Friday, January 1, 1993.
(See publisher's affidavit on file tn the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to place
an existing nonconforming use into a conforming zoning
district classification and to provide for the continued
use and improvement of said property as a single family
residence without the threat of discontinuance as a
nonconforming structure or use, was before Council.
The Planning Commission recommended that Council
approve the request for rezoning, advising that the
rezoning would place a legal, nonconforming use,
originally designed and built as a single family
365
residence, into a conforming zoning district
classification; and the rezoning of the property to a
residential zone would be consistent with the intent and
objectives of the land use study initiated following the
designation of the area as an Urban Enterprise Zone.
(For full text, see report on file in the City Clerk's
Office.)
ACTZON~ Mr. White moved that the following ordinance be
placed upon its first reading:
(%31298) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
211, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 330.)
The motion was seconded by Mr. Harvey.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
There being none: Ordinance No. 31298 was
for rezoning.
I adopted, on its first reading, by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
NAYS: None
STREETS ANDALLEYS-AIRPORT: Pursuant to Resolution
No. 25523 adopted by the Council on Monday, April 6,
1981, the City Clerk having advertised a public hearing
for Monday, January 11, 1993, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request Mr.
and Mrs. James L. Cross that a 672 foot section of Barns
Avenue, N. W., extending in an easterly direction from an
existing barricade at Peters Creek Road, N. W., be
permanently vacated, discontinued and closed, the matter
was before the body.
Legal advertisement of the public hearing was
published in the Roanoke T~mes & World-News on Friday,
December 25, 1992, and Friday, January 1, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
366
ACTION=
A report of the City Planning Commission
recommending that Council approve the request to close
and vacate the subject 672 foot section of Barns Avenue
to the extent of the City's interest therein, subject to
the following conditions:
that the applicant submit to the City for
approval, and thereafter record with the Clerk
of Circuit Court, a subdivision plat providing
for the following:
retention of easements for utilities
existing within the subject 672 foot
section of right-of-way,
combination of the vacated right-of-
way with the applicant's existing
property (Official Tax No. 6600101);
and
that any ordinance providing for the subject
closure stipulate that the above conditions
must be met within a period of 24 months from
the date that such ordinance is adopted, and
if such conditions are not met within that
time period, said ordinance shall become null
and void with no further action by City
Council being necessary.
(For full text, see report on file in the City Clerk's
Office.)
Mr. James L. Cross, Jr., 3817-2 Stratford Park
Drive, advised that he, along with the Executive Director
of the Roanoke Regional Airport, Join in a request that
the matter be continued for one month to provide
sufficient time to resolve certainquestions with regard
to location of the airport boundary, airport fence,
Commonwealth of Virginia right-of-way, and the Cross
property.
Mr. Harvey moved that the public hearing be
continued until the regular meeting of Council on Monday,
February 8, 1993, at 7:30 p.m., to provide sufficient
time to address the above referenced questions. The
motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
SPECIAL PERMITS-TAXES-CHURCHES-LEGISLATION:
Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, and pursuant to a report of the
367
City Attorney under date of January 4, 1993, the City
Clerk having advertised a public hearing for Monday,
January 11, 1993, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of the Terumah
Foundation, Inc., for support of designation of property
to be exempt from taxation, said property located on
Grandin Road, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Tuesday,
January 5, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
The City Manager submitted a written report advising
that various non-profit organizations have from time to
time requested the City to support their request to the
General Assembly to be designated exempt from taxation,
pursuant to Article X, Section 6(a)(6) of the
Constitution of Virginia; and on February 18, 1992,
Council adopted Resolution No. 308840-021892 establishing
guidelines for organizations seeking Council's support
for exemption from taxation.
The City Manager recommended that Council deny the
request of the Terumah Foundation, inasmuch as the
Terumah Foundation did not provide the City Manager with
detailed answers to certain questions set forth in
Subsection B of Section 30-19.04 of the Code of Virginia
by November 15, nor file a petition for tax exempt status
with the City at least 60 days in advance of the next
session of the General Assembly, both as required by
Resolution No. 30884-021892. It was explained that the
Commissioner of Revenue has denied the request for real
estate tax exemption; and cost to the City would be zero
if the General Assembly denies the request, or $1,225.00
annually if the General Assembly grants the request.
In a further report, the City Manager advised that
the City is currently taxing a number of vacant parcels
of property owned by churches or church related
organizations throughout the City; that since these
properties are not occupied by a religious sanctuary or
parsonage, they are not considered tax exempt, therefore,
to grant the request of the Terumah Foundation would set
a precedent for tax exemption on a number of other City
properties. Mr. Herbert further advised that it is his
understanding that if and when the Terumah Foundation
constructs a sanctuary or parsonage on the property which
368
ACTION:
they have purchased on Grandin Road, and the property is
at that time owned by a church or synagogue, it would
then qualify for tax exemption.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31299-011193) A RESOLUTION refusing to support
tax exemption of property owned by Terumah Foundation,
Inc., in the City of Roanoke used by it exclusively for
religious purposes on a non-profit basis.
(For full text of Resolution, see Resolution Book No. 54,
page 313.)
Mr. Harvey moved the adoption of Resolution No.
31299-101193. The motion was seconded by Mr. White.
Mr. Charles H. Osterhoudt, Attorney, representing
the Terumah Foundation, Inc., advised that if the request
is not approved this year, his client will resubmit its
petition next year in accordance with the time frame
established by Resolution No. 30884-021892. He called
attention to a statement in the City Manager's report
that if and when the Terumah Foundation constructs a
sanctuary or parsonage on the property and the property
is at that time owned by a church or synagogue, the
property would then qualify for tax exempt status;
whereupon, Mr. 0sterhoudt clarified that the City
Manager's statement would be true if the property were to
be owned by the congregation of the church, however, that
is not the desire of the congregation. He pointed out
that under rules of the Episcopal Church of the United
States, if a congregation decides to leave the
denomination of the Episcopal Church, they must leave the
property behind in the hands of the remaining
denomination, and inasmuch as present members will pay
for construction of the church, they wish to maintain
control over the future of the facility, therefore, the
facility will never be exempt by classification which
will require a special act of the legislature. He
advised that the church is willing to pay the City an
annual service charge in an amount of 20 per cent of the
City of Roanoke real estate tax levy, which would be
applicable to the real property of the organization were
the organization not exempt from taxation.
369
The Mayor inquired if there were other persons who
wished to be heard. There being none, Resolution No.
31299-011193 refusing to support tax exemption of
property owned by the Terumah Foundation, Inc., was
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers .............. 7.
NAYS: None 0.
TAXES-SPECIAL PERMITS-LIBRARIES-LEGISLATION:
Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, and pursuant to a report of the
City Attorney under date of January 4, 1993, the City
Clerk having advertised a public hearing for Monday,
January 11, 1993, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of OCLC, Online
Computer Library Center, Inc., for designation of
property to be exempt from taxation, the matter was
before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Tuesday,
January 5, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Manager advising that non-
profit organizations have previously requested the City
to support their requests to the General Assembly to be
designated exempt from taxation, pursuant to Article X,
Section 6(a)(6) of the Constitution of Virginia; that
Council adopted Resolution No. 30884-021892 on February
18, 1992, establishing guidelines for organizations
seeking support for exemption from taxation; and the City
Library has online computer access to the databases of
thousands of libraries across the United States.
It was further advised that the City has been
receiving the above services through membership in the
regional network, SOLINET, since December 1989; and the
parent organization of SOLINET is OCLC Online Computer
Library Center, Inc.; and OCLC is a non-profit
information network founded for the support of libraries
in the research and development of the electronic
storage, exchange and maintenance of data.
37O
ACTION:
The City Manager explained the OCLC owns equipment
in the City of Roanoke which is currently subject to
personal property taxes, consisting of modems located at
library sites plus equipment located at the site of its
telecommunication supplies; that in 1992, OCLC paid a
total of $2,199.55 in personal property taxes to the
City; that the Internal Revenue Service has determined
that OCLC Is exempt from Federal income tax under Section
(a) of the Internal Revenue Code as a 501(c)(3)
organization; and most of the equipment of OCLC in
Virginia is located in the City of Roanoke; and OCLC has
not applied for exemption in any other Virginia locality.
The City Manager recommended that Council deny the
request of OCLC Online Computer Library Center, Inc., to
be designated exempt from taxation, pursuant'to Article
X, Section 6(a)(6) of the Constitution of Virginia. He
explained that OCLC did not file the petition for tax
exempt status with the City at least 60 days in advance
of the next session of the General Assembly as required
by Resolution No. 30884-021892; that a small Increase in
costs could occur for all localities who use the system
if the General Assembly does not approve the request; and
the Commissioner of Revenue has opined that the stated
purpose and actives of OCLC do not conform to the nature
of those non-profit organizations qualifying for
exemption under the Virginia Exemption by Classification
Statute.
(for full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31300--011193) A RESOLUTION refusing to support
tax exemption of property owned by OCLC Online Computer
Library Center, Inc., in the City of Roanoke used by it
exclusively for educational purposes on a non-profit
basis.
Mr. Harvey moved the adoption of Resolution No.
31300-01193. The motion was seconded byMr. Fitzpatrick.
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter.
There being none, Resolution No. 31300-011193 refusing to
support tax exemption of property owned by OCLC Online
Computer Library Center, Inc., was adopted by the
following vote:
371
ACTION=
ACTION=
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council.
MINUTES: Minutes of the special meeting of Council
held on Wednesday, September 9, 1992, and the regular
meetings held on Monday, September 14, 1992, and Monday,
September 28, 1992, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers .............. 7.
NAYS: None 0.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointedbyCouncil, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
372
ACTION:
ACTION:
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ....... 7.
NAYS: None -0.
ZONING: A communication from Patti C. Hanes,
Secretary, Board of Zoning Appeals, transmitting the
Annual Report of the Board for 1992, was before Council.
(For full text, see communication and Annual Report on
file in the City Clerk's Office.)
Mrs. Bowles moved that the Annual Report be received
and filed. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
OATHS OF OFFICE-ZONING-COMMITTEES: A report of
qualification of T. E. Roberts for a term of one year
ending December 31, 1993; L. Elwood Norris and Walter L.
Wheaton for terms of two years each, ending December 31,
1994; and Robert R. Copty and Richard A. Rife for terms
of three years each, ending December 31, 1995, as members
of the Board of Zoning Appeals, was before Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None. 0.
OATHS OF OFFICE-COMMITTEES-PLANNING: A report of
qualification of John P. Bradshaw, Jr., and Carolyn
Hayes-Coles as members of the City Planning Commission,
for terms ending December 31, 1996, was before Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
373
ACTION:
ACTION:
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers -7.
NAYS: None O.
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A report of qualification of Richard S.
Wlnstead as a member of the Roanoke Neighborhood
Partnership Steering Committee, for a term ending
November 8, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk"s Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers .............. 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TOTAL ACTIONS AGAINST POVERTY-HUMAN DEVELOPMENT:
Theodore J. Edlich, III, Executive Director, Total Action
Against Poverty, advised that approximately one year ago,
the Board of Directors of TAP brought together citizens
from across all communities served by the TAP program
composed of representatives from the business community,
labor, and community groups, etc. to examine the problems
of poverty in the TAP territory - those problems that
keep many citizens and the community as a whole from
rising to its full potential. He explained that nine
months later, the 37 person Roanoke Valley Poverty
Strategy Task Force presented its report which contained
175 recommendations directed at the total community. He
stated that TAP is taking the report to all of the 11
Jurisdictions that it serves and to as many organizations
as possible within the year in order to bring the issues
and recommendations to the forefront.
374
Mr. Edlich presented a video outlining the various
issues that were addressed as a result of five public
hearings and the testimony of over 300 citizens from the
community.
Following the video, E. Cabell Brand, President,
Total Action Against Poverty, advised that the Roanoke
Valley Poverty Strategy Task Force presented 176 specific
recommendations in its report, copy of which Council
Members received in August 1992; however, he would like
to call attention to the following seven specific areas=
Funding for Employment Training P~0grams:
Annual funding for the Fifth District
Employment and Training Consortium has
decreased from $12 million in 1978 to
approximately $1.5 million today. In 1989,
all Private Industry Councils throughout
Virginia Joined in requesting $10 million of
State funds for expanding local employment
training programs, which request was not
included in the budget, and the Commonwealth
of Virginia contributes no money to employment
training for the poor. TAP urges that Council
Join with them in asking that Fedrall¥ funded
programs be returned to their 1978 levels and
that the Commonwealth of Virginia begin to add
State funds to assist in this area.
Four-year Degree Proqram in Roanoke=
The Members of the Roanoke City Council are
requested to Join with the Roanoke County
Board of Supervisors and the Salem City
Council to convene a special study commission
to investigate and promote the location of a
four-year baccalaureate degree-granting
institution in the Roanoke Valley.
Greater Economic Development
Between Localities=
Cooperation
Ail local governments must fully fund and
support the marketing efforts of the Roanoke
Valley Economic Development Partnership and
should encourage the full participation of
representatives from business, labor and
education. Staff of local government economic
development teams should meet on a monthly
basis with staff of the Roanoke Valley
375
ACTION=
Economic Development Partnership to examine
how they can create greater synergy of mission
and effort to increase the number of good
paying Jobs for area residents. All local
governments should support the efforts of the
Chamber of Commerce to develop a small
business incubator program.
State Earned Income Tax Credit=
The General Assembly will consider legislation
which was carried over from last year to
establish a Virginia Earned Income Tax Credit
of 20 per cent of the Federal EITC. Roanoke
City Council and other local governing bodies
are requested to endorse passage of the
legislation to effect an immediate improvement
in the finances of disadvantaged citizens.
Comprehensive Health Investment Prolect
(CHIPS)=
All local governments are encouraged to follow
the example of the City of Salem by creating a
line item in their budgets to provide CHIP
care for all eligible children in their
respective Jurisdictions.
Substance Abuse Prevention=
Recommendations of the Drug Strategy Task
Force in December 1989 are supported, and it
is suggested that a public hearing be held to
examine the status of those recommendations
and to update the recommendations and service
needs identified.
(See statement on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the remarks of Mr. Edlich
and Mr. Brand be received and filed. The motion was
seconded by Mrs. Bowles and unanimously adopted.
BUDGET-SCHOOLS= Dorothy Cooper, 50 Fredrick Acres,
Hardy, Virginia, representing J. Mason Vowel1, Executive
Vice-President of the Roanoke Education Association, read
a prepared statement on behalf of Mr. Powell, advising
that actions of City Council and the School Board have
indicated that Roanoke's educational system is not worth
adequate financial attention or respect by the leaders of
this City~ that it is appreciated that Roanoke City has
1376
helped teachers to some extent, however, during the last
12 years, it should be pointed out that Roanoke City
teachers have plummeted from first place to last place
locally in salaries, while some teachers have plunged in
salary from 17th in the State to 72nd. He asked, when
does Roanoke plan to commit to its fair share for
teachers.
Mr. Powell stated that educators are entrusted with
the most precious commodity that this Valley has to
offer, its children; that teachers are not paid a fair
wage on which to survive, and they are not able to focus
their entire attention and energy on their chosen
profession because they must work second and third Jobs
in order to support themselves and their families.
Mr. Powell pointed out that the necessity of funding
certain programs is recognized, but teachers are all too
aware of the hundreds of thousands of dollars wasted on
education "boondoggles" that serve the elite few, or
exist merely to look good in print or on re'sums's; and
Council should demand that the School Board look
carefully at the programs which it is funding because
some programs such as technical education are shamefully
underfunded, while others are a wasteful financial
embarrassment.
Mr. Powell advised that it is time that Council
started making things right for all employees, that
teachers are tired of coming to Council each year on
banded knee to big for fair treatment, that teachers are
still concerned from the betrayal of last year's salary
inequities, and teachers deserve better treatment.
(For full text, see statement on file in the City Clerk's
Office.)
As a former School Board member, Mr. White advised
that he would like to go on record stating that the
School Board is concerned about fair compensation for all
employees, and the Board faces the same issues that City
Council faces with limited resources.
Mr. Robert A. Young, 717 Dillon Drive, Vinton,
Virginia, a teacher in the Roanoke City School system,
advised that he has reviewed every salary of every
employee of every school district in the State of
Virginia from the lowest paid to the highest paid in an
effort to gather statistics, which demonstrate that some
persons in Roanoke are paid at the top level of anyone in
the State, while salaries of teachers have continued to
379
posed at all intersections along Carter Road from Grandin
Road to Brandon avenue, S. W. He also presented
photographs of the area in question.
(For full text, see petition and photographs on file in
the City Clerk's Office.)
The Mayor requested that the petition
photographs be made a part of the record.
and
Ms. Shah K. Wllkins, 2303 Carter Road, S. W.,
advised that residents are not concerned so much about
the stop sign itself, however, the main concern centers
around reducing speed and volume of traffic.
Mr. Harvey moved that the matter be referred to the
City Manager for investigation, report, and
recommendation to Council on Monday, February 8, 1993.
The motion was seconded by Mr. Fitzpatrick and adopted.
The City Manager advised that City staff has
compiled a detailed and complex analysis of alternatives
that he would like to explain indepth to citizens of the
area.
TRAFFIC-STATE HIG:IWAYS-HENRY STREET REVIVAL
COMMITTEE-HOTEL ROANOKE CONFERENCE CENTER-COMPLAINTS:
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared
before Council as President of the Historic Gainsboro
Preservation District Coalition which consists of the
Roanoke Chapter of the N.A.A.C.P., the People's Voters
League, and the Historic Gainsboro Preservation District,
Inc., and advised that the Historic Galnsboro area
deserves official historic designation by the City of
Roanoke. She stated that even though the public hearing
held by Council on Wednesday, December 16, 1992, at 7:30
p.m., with regard to the Wells Avenue realignment was
held near the holiday season at the Roanoke Civic Center
where many homes and churches were formerly located,
revived many bad memories, still approximately 100
persons were in attendance. She added that when an
article appeared in the newspaper that same morning in
which a member of Council was quoted as stating that he
intended to vote for the Wells Avenue Road Project that
evening, many citizens decided not to attend the special
meeting because it was felt that the question had already
been decided. She noted that during the course of the
meeting, citizens were not permitted to fully or freely
express their opinions or to ask questions; that it was
questionable that a member of the City Planning
Commission who did not attend the Planning Commission's
375
ACTION:
Economic Development Partnership to examine
how they can create greater synergy of mission
and effort to increase the number of good
paying Jobs for area residents. All local
governments should support the efforts of the
Chamber of Commerce to develop a small
business Incubator program.
State Earned Income Tax Credit:
The General Assembly will consider legislation
which was carried over from last year to
establish a Virginia Earned Income Tax Credit
of 20 per cent of the Federal EITC. Roanoke
City Council and other local governing bodies
are requested to endorse passage of the
legislation to effect an Immediate improvement
in the finances of disadvantaged citizens.
Comprehensive Health Investment
(CHIPS)
Pro~ect
All local governments are encouraged to follow
the example of the City of Salem by creating a
line item in their budgets to provide CHIP
care for all eligible children in their
respective Jurisdictions.
Substance Abuse Prevention:
Recommendations of the Drug Strategy Task
Force in December 1989 are supported, and it
is suggested that a public hearing be held to
examine the status of those recommendations
and to update the recommendations and service
needs identified.
(See statement on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the remarks of Mr. Edlich
and Mr. Brand be received and filed. The motion was
seconded by Mrs. Bowles and unanimously adopted.
BUDGET-SCHOOLS: Dorothy Cooper, 50 Fredrick Acres,
Hardy, Virginia, representing J. Mason Powell, Executive
Vice-President of the Roanoke Education Association, read
a prepared statement on behalf of Mr. Powell, advising
that actions of City Council and the School Board have
indicated that Roanoke's educational system is not worth
adequate financial attention or respect by the leaders of
this City; that it is appreciated that Roanoke City has
376
helped teachers to some extent, however, during the last
12 years, it should be pointed out that Roanoke City
teachers have plummeted from first place to last place
locally in salaries, while some teachers have plunged in
salary from 17th in the State to 72nd. He asked, when
does Roanoke plan to commit to its fair share for
teachers.
Mr. Powell stated that educators are entrusted with
the most precious commodity that this Valley has to
offer, its children; that teachers are not paid a fair
wage on which to survive, and they are not able to focus
their entire attention and energy on their chosen
profession because they must work second and third Jobs
in order to support themselves and their families.
Mr. Powell pointed out that the necessity of funding
certain programs is recognized, but teachers are all too
aware of the hundreds of thousands of dollars wasted on
education "boondoggles" that serve the elite few, or
exist merely to look good in print or on re'sume's; and
Council should demand that the School Board look
carefully at the programs which it is funding because
some programs such as technical education are shamefully
underfunded, while others are a wasteful financial
embarrassment.
Mr. Powell advised that it is time that Council
started making things right for all employees, that
teachers are tired of coming to Council each year on
bended knee to big for fair treatment, that teachers are
still concerned from the betrayal of last year's salary
inequities, and teachers deserve better treatment.
(For full text, see statement on file in the City Clerk's
Office.)
As a former School Board member, Mr. White advised
that he would like to go on record stating that the
School Board is concerned about fair compensation for all
employees, and the Board faces the same issues that City
Council faces with limited resources.
Mr. Robert A. Young, 717 Dillon Drive, Vinton,
Virginia, a teacher in the Roanoke City School system,
advised that he has reviewed every salary of every
employee of every school district tn the State of
Virginia from the lowest paid to the highest paid in an
effort to gather statistics, which demonstrate that some
persons in Roanoke are paid at the top level of anyone in
the State, while salaries of teachers have continued to
377
AC~ION~
slip for the past twelve years. He pointed out that top
and bottom salaries are at the State average, that
Virginia is below the national average, and at one time,
the City of Roanoke ranked 8th and 12th, however, the
City now ranks 64th in the State in terms of salary. He
explained that the Roanoke City Schools operate under a
preliminary budget that includes funds for the gifted,
for alternative education, and for categories that could
be converted to raises for high level school
administrators after the budget is approved by Council.
Using his personal situation as an example, Mr.
Young stated that he is in his 28th year of teaching;
that he has missed less than 12 days in those 28 years,
that he has lost over 100 unused sick leave days in those
28 years, and yet, he earns less than teachers with
similar years of experience in Wise County, Roanoke
County, the City of Salem, the City of Norton, Montgomery
County or some 63 localities, some of which are smaller
or larger than Roanoke. He added that he earns less
money to spend in the Roanoke Valley and less money to
spend toward his retirement; that his retirement benefit
is based on his salary, again affecting his spending
ability for the rest of his life. He admitted that the
Hotel Roanoke project, the Jail expansion program,
welfare programs, and street improvements. All must be
addressed, but unless teacher salaries and benefits are
competitive, the better teachers will leave the Roanoke
Valley. He stated that Roanoke City attracts citizens
with various needs, more so than certain other rural
communities; that those diverse needs must be addressed,
therefore, Roanoke City teachers work extra hard and
invest many more hours in the system than teachers in
certain other school divisions. He advised that the
City's children will be cheated by lack of the best, and
without a good education, Council will be responsible for
a down turn in Roanoke that neither the Hotel Roanoke or
the Conference Center or welfare checks will be able to
correct.
Mr. Fitzpatrick moved that the remarks of Mr.
Powell, as delivered by Ms. Cooper, and Mr. Young be
received and filed. The motion was seconded by Mr.
McCadden and adopted.
TRAFFIC-AND COMPLAINTS: Mr. Jonathan M. Apgar,
representing citizens of Carter Road, S. W., advised that
the section of Carter Road in question runs from Brandon
Avenue on the north to the 2000 block of Grandin Road on
the south. He stated that this section of the City
378
serves as a cut-through for those individuals who seek to
avoid the congestion at the intersection of Brandon
Avenue and Grandin Road where there are a number of
traffic lights and leading green lights that regulate
traffic.
Mr. Apgar advised that in May, 1992, it was felt
that there was a need to control both the volume and
speed of automobiles travelling through this section of
Carter Road, and therefore, a petition was circulated
throughout the neighborhood; that there are 46 households
in this three block section of Carter Road, and 41
households agreed to participate in the petition
containing 61 signatures. He explained that when the
City was made aware of the problem, there was ihcreased
radar enforcement, but unfortunately, radar was placed at
the intersection of Brandon Avenue and Carter Road which
is controlled by a stop sign, therefore, no violations
were reported over a ten-day period. He advised that in
discussing the matter with the City Manager's Office and
the Department of Public Works, officials expressed
concern that stop signs which are placed for speed or
volume control are not necessarily within the guidelines
of the Virginia Department of Transportation, and the
City could Jeopardize some of its State maintenance
funds. He called attention to a number of stop signs
currently existing in neighborhoods in close proximity to
Carter Road which perform the same function that the City
is denying for Carter Road residents.
On behalf of Carter Road residents, Mr. Apgar
advised that stop signs are needed and required at the
following three intersections: York Avenue, Avenel Avenue
and Laburnum Avenue; however, at a minimum in order to
perform the functions of safety for children, volume and
speed control, at least one stop sign is necessary at the
Avenel Avenue intersection which is mid-point between
Brandon Avenue and Grandin Road. He explained that a
stop sign at the Avenel Avenue intersection will not
Jeopardize the City's State maintenance funds, and
requested that Council make a determination in the matter
inasmuch as Carter Road residents, the City Manager's
Office and the Public Works Department seem to have
reached an impasse.
Mr. Apgar submitted a petition signed by 60 persons
residing on Carter Road and one person residing on
Laburnum Avenue, S. W., requesting that stop signs be
379
posed at all intersections along Carter Road from Grandin
Road to Brandon avenue, S. W. He also presented
photographs of the area in question.
(For full text, see petition and photographs on file in
the City Clerk's Office.)
The Mayor requested that the petition
photographs be made a part of the record.
and
Ms. Shah K. Wilkins, 2303 Carter Road, S. W.,
advised that residents are not concerned so much about
the stop sign itself, however, the main concern centers
around reducing speed and volume of traffic.
Mr. Harvey moved that the matter be referred to the
City Manager for investigation, report, and
recommendation to Council on Monday, February 8, 1993.
The motion was seconded by Mr. Fitzpatrick and adopted.
The City Manager advised that City staff has
compiled a detailed and complex analysis of alternatives
that he would like to explain indepth to citizens of the
area.
TRAFFIC-STATE HIGHWAYS-HENRY STREET REVIVAL
COMMITTEE-HOTEL ROANOKE CONFERENCE CENTER-COMPLAINTS:
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared
before Council as President of the Historic Gainsboro
Preservation District Coalition which consists of the
Roanoke Chapter of the N.A.A.C.P., the People's Voters
League, and the Historic Gainsboro Preservation District,
Inc., and advised that the Historic Gainsboro area
deserves official historic designation by the City of
Roanoke. She stated that even though the public hearing
held by Council on Wednesday, December 16, 1992, at 7:30
p.m., with regard to the Wells Avenue realignment was
held near the holiday season at the Roanoke Civic Center
where many homes and churches were formerly located,
revived many bad memories, still approximately 100
persons were in attendance. She added that when an
article appeared in the newspaper that same morning in
which a member of Council was quoted as stating that he
intended to vote for the Wells Avenue Road .Project that
evening, many citizens decided not to attend the special
meeting because it was felt that the question had already
been decided. She noted that during the course of the
meeting, citizens were not permitted to fully or freely
express their opinions or to ask questions; that it was
questionable that a member of the City Planning
Commission who did not attend the Planning Commission's
380
public hearing on the Wells Avenue Road Project was
permitted to speak in favor of the recommendation while
deriding, without reprimand or warning, the testimony of
others; therefore, the Coalition declares the public
hearing of December 16 to be a mishearing and a mock
hearing since at least one member of Council had already
made up his mind and his vote was publicized prior to the
meeting. She requested that another public hearing be
held before an impartial and fair minded governing body
which will hear and evaluate the facts before reaching a
conclusion.
Ms. Bethel submitted the following questions on
behalf of the Historic Gainsboro Preservation District
Coalition and requested written response by the City:
"1o
Why was the letter dated
December 14, 1992, from John R.
Kern, Ph.D., Director of the Roanoke
Regional Preservation Office,
Virginia Department of Historic
Resources, not read into the record
at the December 16 meeting?
Why do City officials normally use
such vague terms as "Gainsboro
leaders", "coalition" and "leaders
from Gatnsboro" and generally refuse
to identify the groups of the
coalition with whom the City has
been negotiating?
Why do City officials fall to list
the specific representatives from
both the community and City Involved
in such sessions?
Why have City officials refused to
prepare one (or more) three-
dimensional model(s) so all persons
can see what two four lane highways
tn the heart of this community will
do to the City of Roanoke?
What is the geographical boundary
(north, south, east, west) of the
area City officials refer to when
they say "Gainsboro"?
What are the "promised" improvements
to Gainsboro Branch Library? When
were they requested and by whom?
13.
Has each proposal for such a park
(professional park), Henry Street
and "future church expansion" been
before the Planning Commission for
action? If "yes", when? If "no",
how can such proposals be discussed
at this level?"
Ms. Bethel advised that for the sake of time, she
would file the remainder of her questions, as follows,
with the City Clerk.
"6. What do Jobs and Job training, etc.,
have to do with the widening of
Wells Avenue?
Was the official historic
designation requested by Historic
Gatnsboro Preservation District,
Inc., refused or is the official
designation being held hostage for
the Wells Avenue Widening? Do you
know how long the request has been
pending before City officials? When
will the request be approved?
What does the Henry Street dream
have to do with the widening of
Wells Avenue?
10.
What do Improvements to this Library
have to do with the widening of
Wells Avenue?
11.
Do you know how long the City has
had a petition pending before it for
historic designation for the
Gainsboro Branch Library? When will
approval be given for official
designation of the Gainsboro Branch
Library as a Historic Landmark?
382
12. What does a professional park and
"promised" chances for Jobs have to
do with the widening of Wells
Avenue? Who has requested such a
park and when was the request first
made?
,
14. Has the City of Roanoke been
contracting with employers who do
not abide by the Equal Employment
Opportunity laws or guidelines?"
(See statement on file in the City Clerk's Office.)
Ms. Helen E. Davis, 35 Patton Avenue, N. E.,
inquired if Council Members are listening to the citizens
of Gainsboro because Council's quick vote at the
December 16 public hearing indicated a pre-conceived
decision. She asked the following questions:
"1. Why did City officials hold a press
conference announcing that some
groups had accepted the proposed
Wells Avenue road project, based
upon certain promises, at a church
instead of at City Hall? How many
City press conferences, within the
past three years, have ever been
held in a church? Don't you think
this is mixing government and
religion when they should remain
separated?
Have Roanoke City officials started,
or only continued, the procedure of
"buying" acceptance for its
roadways? Who are the "sellers"?
Why did City officials decide to
have only a location "hearing" for
the Wells Avenue widening/alignment?
When and why did City officials
first become aware that citizens do
not want a widened/aligned Wells
Avenue?
383
Se
10.
11.
12.
Why didn't City Council permit
members of the audience to ask
questions of City officials about
the recommendation for Wells Avenue
widening at the December 16 meeting
("hearing")?
Why did not one Council member have
a question for either City officials
or persons who spoke?
Had members of the City Council,
individually and/or collectively,
decided its vote before the December
16 "hearing" (special meeting)?
By offering such "promises",
apparently in exchange for
acceptance of the roads, is the City
of Roanoke indicating it was not
concerned about Gainsboro before the
roads?
If the roads had not been proposed
what would the City be "doing" to
help the residents of Gainsboro? Do
you know what the group of four
would have been doing for the
Gainsboro community and/or what have
they done for Gainsboro?
Who conceived such notions contained
tn the "promises" and why? Was it
the group of four collectively or
individually and why did the City
concede?
What is the procedure for filing an
appeal to the Ctt¥ Council's
"decision" made December 16
pertaining to the widening of Wells
Avenue?
Did City officials ever consider
making the proposed Wells Avenue
widening a three lane highway? If
"yes", when and why was the proposal
changed to a four lane highway?
384
13.
When did City officials first notify
First Baptist Church, the Gainsboro
Neighborhood Development
Corporation, Southwest Virginia
Community Development Fund and Total
Action Against Poverty of the plans
for four lane highways on both Wells
Avenue and Second Street/Gainsboro
Road?
14.
What alignments were discussed, and
what were the responses of each
organization?
15.
How much longer and louder will the
Historic Gainsboro Preservation
District Coalition have to request
official historic designation?
16.
When will there be a full disclosure
to the public of all contemplated
and proposed development which, in
effect, will eliminate Gainsboro?
17.
Why does the Hotel Roanoke Project
have an impact on the widening of
Wells Avenue?
18.
Are Hotel developers ruling the City
and demanding concessions by the
City for a riskybusiness plan which
taxpayers will fund?"
Ms. Davis advised that this is a crucial issue,
residents want answers, and they are waiting for
responses.
(See statement on file in the City Clerk's Office.)
The Reverend Charles T. Green, 1731 Hanover Avenue,
N. W., advised that Gainsboro does not plan to "give up
the ship", and residents will continue to appear before
Council until the battle is over. He asked the following
questions:
385
"1. Did each of you read the
informational material you received
from the Historic Gainsboro
Preservation District Coalition? If
"no", why didn't you read it? If
"yes", did you fully comprehend all
of that information?
Did each of you receive over 100
votes from different individuals
stating their opposition to the
proposed roads through Gainsboro?
What was or is the ccmplete "east-
west" connector proposal according
to the 1969 or later traffic plan?
Are road improvements beyond the
proposed Second Street/Gainsboro
Road and the Wells Avenue widening
to Second Street planned for Gilmer
Avenue and Loudon Avenue west of
Second Street? If "yes", what are
they? If "no", when were the plans
changed?
What individual or collective
monetary profit will accrue to
either one or all of the following:
First Baptist Church, Gainsboro
Neighborhood Development
Corporation, Southwest Virginia
Community Development Fund, and
Total Action Against Poverty by way
of administrative costs or other
"programs" developed by virtue of
"promises" made by the City?
Were any "promises" or deals reached
with respect to either the Second
Street/Gainsboro Road or First
Street/Gainsboro Road proposals? If
"yes", with whom made and was the
community at large informed? If
"yes", have the "promises" been
delivered and to whom and why? What
roles did the community have in
reaching these conclusions?
386
10.
12.
13.
14.
How many "special" City Council
meetings within the past four years
have been held on a day different
from its usual meeting day --
Monday?
Who are the "Gainsboro leaders" City
officials have referred to when
reporting about "negotiating"
sessions?
What offices/businesses will be in
the proposed "Professional Park"?
Will these be small businesses
operated by blacks or other
minorities? Does this park refer to
the revival of Henry Street with
businesses like those from the past
(i.e. movie theater, drug stores,
food shops, etc, operated by
blacks)?
Where will the Professional Park be
located?
Will persons/businesses to occupy
the Professional Park be from the
"Gainsboro area" only? If "no", why
not?
How much of the areas on Jefferson
and First Streets and Centre and
Wells Avenues will be taken for the
proposed convention/trade center?
Why should any citizen accept the
proposed Wells Avenue Widening and
the Second Street/Gainsboro Road
proposal when so many gross mistakes
have been made in the City's
previous traffic developments (i.e.,
Hunter Viaduct, Valley View Mall,
short exit ramp lanes from 1-581,
etc.)?
Why do City officials insist on
continuing these proposed two four
lane highways when there is not
clear and strong community support
for them? When will the three
dimensional model be prepared and
387
displayed so the community can
clearly understand the magnitude of
these proposals?
15. What is the total square feet in
which the proposed Wells Avenue
widening and the Second
Street/Gainsboro Road four lane
highway will be encompassed --
especially the minute residential
area of Wells, Gilmer and Patton
Avenues, N. E. and N. W., and, of
course, Gainsboro Road?
16.
Does the City of Roanoke have a
prospectus which indicates a
comprehensive plan for residential
development in the Gainsboro area?
If "yes", where is it and when will
it be revealed? Does it include
official historic designation and
revitalization of the residential
areas?"
With objection, the Mayor advised that the remarks
of Ms. Bethel, Ms. Davis and Reverend Green would be
received and filed.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
EMERGENCY MEDICALSERVICES: The City Manager having
submitted a written report concurring in recommendations
of the Emergency Medical Services AdvisoryCommittee, and
recommending certain actions to address the need for
increased coordination and continuity among agencies
providing pre-hospital care, Mr. White advised that he
had discussed certain concerns and questions with the
City Manager relative to areas where further study and
report is needed; whereupon, he moved that Council defer
action on the report and that the matter be referred back
to the City Manager further study and report at the
regular meeting of Council on Monday, January 25, 1993.
The motion was seconded by Mr. Harvey.
388
Inasmuch as numerous persons were in attendance out
of their interest in connection with the matter, it was
agreed that Council would hear the briefing by the City
Manager.
The City Manager recognized the Director of Public
Safety; whereupon, Mr. Snead advised that Roanoke is the
home of the rescue squad movement, both nationally and
internationally. He stated that in 1972, Julian Wise
helped to establish the life saving crew concept out of
his desire to make Roanoke a better place to live and to
work and out of his sincere interest in his fellow man,
advising that these same threads are interwoven in
today's emergency medical services delivery in the City
of Roanoke. He stated that much has changed with the
medical and technological advances that have been
experienced in the last 60 to 70 years; and service
delivery of pre-hospital care is much more advanced and
completely different from Mr. Wise's initial conception
of the rescue squad. Mr. Snead presented a history of
the development of emergency medical services in the City
of Roanoke, particularly in the last seven years,
advising that prior to 1985, volunteers responded to all
emergency medical calls in the City of Roanoke. He
explained that because of the -very increasing number of
calls, because of the development of very stringent
training and educational requirements for responders, and
because of the change in economic conditions and the
family social structure in this country, in 1985 it
became necessary for the City to supplement the manpower
resources and to work in partnership with volunteers to
provide emergency medical services.
Mr. Snead pointed out that today, the Department of
Emergency Medical Services is the coordinating agency in
the City that monitors and helps deliver pre-hospital
care to citizens of Roanoke, and the strong partnership
that exists between the volunteer component, Roanoke
Emergency Medical Services and the City's career
emergency medical staff has significantly enhanced
service delivery for all citizens. He advised that along
with approximately 120 well trained volunteers, as well
as career emergency medical staff, teamed with the First
Responder Program and the Fire Department, prompt rescue
response is provided throughout the City on a 24-hour
basis. He noted that this year, when the City placed two
additional ambulances in service during the daylight
hours which is the peak period for demand for service,
the average response time in Emergency Medical Services
was reduced by approximately one minute City-wide,
thereby making the average response time throughout the
389
City approximately 5.25 minutes. He advised that
volunteers.have played a vital role in the e~hancements
that have been made in the program in the last seven to
eight years, having provided approximately $600,000.00 in
manpower volunteer hours and over 5,000 hours per month.
He stated that the Roanoke Emergency Medical Services
organization has also helped significantly by providing
much of the basic equipment, Emergency Medical Services
ambulances, and capital investments in the crew hall
which nets approximately $1 million in value. He advised
that the focus is to improve emergency medical service
delivery to citizens in three specific areas; viz: (1) to
improve the response time throughout the City, (2) to
improve the level of training of the volunteer or the
paid person, and (3) to strengthen the partnership of all
elements of this service.
Mr. Snead explained that in 1989, Council approved
third party billing for transport services, and in 1990,
Council approved implementation of first party billing;
and based on first party billing, the City collected
$564,715.00 this past fiscal year which equates to
approximately 60 per cent of direct cost of the Emergency
Medical Services budget. He stated that in March 1991,
the Emergency Medical Services First Responder Program
commenced operation at Fire Station No. 4 on Deyerle
Road, No. 11 in Garden City and No. 14 on Route 460 East.
He further stated that in January 1992, the City Manager
appointed an Emergency Medical Services Advisory
Committee which is a broad-based committee involving City
staff, Fire Department staff, volunteers and many
emergency medical health providers and physicians, and
the Committee has worked diligently to review complex
issues and to determine if there are ways to improve
service delivery. Mr. Snead introduced the following
members of the Committee: Dr. Carol Gilbert, Chair,
Sidney Robertson, Co-Chair, Dr. Thomas Berdeen, Jr.,
Wanda B. Reed, Manager of Emergency Services and
Emergency Medical Services, David H. Hoback and David B.
Pope, Field Supervisors, Kenny Harper, Operations Manager
for Roanoke Emergency Medical Services, Mary Hylton,
Business Administrator, Roanoke Emergency Medical
Services, Jimmy Dean, member of the Roanoke Emergency
Medical Services Team, James D. Grisso, Acting Director
of Finance, Barry Key, Manager, Office of Management and
Budget, R. W. Quarles, Fire Chief, and Ronald L. Wade,
Acting Manager of Communications. Mr. Snead also
recognized Roanoke Emergency Medical Services volunteers
and the City's Emergency Medical Services employees who
have worked diligently on improvements during the year.
390
Dr. Carol Gilbert, Chair of the Emergency Medical
Services Committee, presented the following
recommendations of the Committee:
(1)
Council adopt a measure identifying
the Department of Emergency Medical
Services as a permanent public
safety entity responsible for
enforcing standards for all agencies
providing pre-hospital care within
the City (emergency or non-
emergency);
(2)
the City Manager appoint an
emergency medical services advisory
board to be appointed by January 1,
1993;
(3)
Council consider two additional
positions within the Emergency
Medical Services Department during
the fiscal year 1993-94 budget
process;
(4)
enter into a contract between the
City and Roanoke Emergency Medical
Services, Inc., effective January,
1993, relating to provision of pre-
hospital and co-ordination thereof;
(s)
Council approve funding for the
purchase of one ambulance by
January, 1993, in the amount of
$45,000.00, to comply with the
current ambulance replacement
program and continue to meet
increasing system demand;
(6)
continue to upgrade Fire Department
manpower resources to the emergency
medical technician - defibrillation
level to support the Emergency
Medical Services system;
(?)
initiate First Responder at Fire
Station No. 13 serving the northwest
sectlon of the City beginning
February 1, 1993;
391 '
(8)
all communication personnel be
trained in emergency medical
services beginning July 1, 1993,
which is estimated to be a one time
cost of $10,000.00 based on a 16-
hour class;
(9)
reserve adequate space for emergency
medical services administrative
office and field supervisor's
response vehicle at the Jefferson
Center, at an estimated cost of
$10,500.00 for 1,500 square feet for
occupancy on July 1, 1993;
(10) identify and evaluate alternatives
to provide an adequate emergency
medical services facility in
northwest Roanoke, with a target
date to provide the facility in
fiscal year 1994-95;
(11) review current billing and
collection contract for ambulance
transferred user fees;
(12) report to Council on December 14,
1993, or at earliest convenience -
compressed time necessary in order
to have Emergency Medical ~zvlces
Commission in place by January i to
coincide with election of new
volunteer management.
(For full text, see report on file in the City Clerk's
Office.)
A report of the City Manager recommending that the
following issues be carefully evaluated by administrative
staff and, if deemed appropriate, be addressed during the
fiscal year 1993-94 budget development process, was
before Council.
Two additional positions of EMS
Training Officer and Resource
Officer within the Emergency Medical
Services Department. The majority
of funding needed for the Resource
Officer position is currently
available and would only require
reallocation of funds.
392
Initiate a First Responder Program
at Fire Station No. 13, Peters Creek
Road, serving the northwest section
of the City beginning July 1, 1993,
thereby reducing response times to
this area.
Evaluate emergency medical dispatch
programs and provide training for
all Communications Center personnel.
Dispatcher training programs are now
recognized by the State Department
of Health which includes priority
dispatching and pre-arrival
instructions. This type of training
allows for better utilization of
emergency medical resources.
Relocation of EMS administration/
operations offices. Space has been
identified in the Jefferson Center
which would provide sufficient
office space and parking, and allow
needed access to new training
center.
Evaluate alternatives for provision
of an adequate EMS facility in
northwest Roanoke to replace the
current inadequate facility.
Review feasibility for in-house
billing and collection for ambulance
transportation user fees which may
produce a cost savings.
(For full text, see report on file in the City Clerk's
Office.)
The motion offered by Mr. White, seconded by Mr.
Harvey, to refer the matter back to the Clty Manager for
further study and report to Council on Monday,
January 25, 1993, was unanimously adopted.
At 9=50 p.m., the Mayor declared the meeting in
recess.
At 10~00 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
393
'1
HUMAN DEVBLOPMENT-COMMITTEES-LEGISLATION-YOUTH-
SCHOOLS= The City Manager submitted a written report
with regard to appointment of the Roanoke Interagency
Council, advising that the 1992 Session of the General
Assembly enacted the Comprehensive Services Act for At-
Risk You and Families, which Act mandates that services
for at-risk youth and their families are to be community
based and community-managed with maximum flexibllity~
that Section 2.1-759 of the Act established a State Trust
Fund, effective January 1, 1993~ and the General Assembly
appropriated $3,400,000.00 for the Trust Fund for fiscal
year 1993-93 for the purpose of=
(1) Early intervention services for
young children at risk of developing
emotional or behavioral problems or
both, due to environmental,
physical, or psychological stress,
and their families.
(2) Community services for troubled
youth who have emotional or
behavioral problems, or both, and
who can appropriately and
effectively be served in the home or
community, or both, and their
families.
It was further advised that the Comprehensive
Services Act also established, effective July 1, 1993, a
State pool of funds to be expended for public or private
non-residential or residential services for troubled
youth and families; and accessing the abovementioned
funds is critical to the effective and expedient
delivery of services to Roanoke City at-risk youth.
The City Manager recommended that Council adopt a
resolution appointing a Community Policy and Management
Team, to be named the Roanoke Interagency Consortium,
with by-laws approved as to form by t~e City Attorney who
will serve as legal representative, that the team be
authorized to perform the duties and powers established
in the Comprehensive Services Act for At-Risk Youth and
Families; that the City of Roanoke will se.r¥~.a~ ~is~
agent with designation of audit responsibilitY, ~nu
membership shall include, but is not limited to, the
following persons, or their designee=
Director of the 23-A Court Services Unit
Director of the Roanoke City Health Department
Director of the Mental Health Division of Mental
394
ACTION~
Health Services of the Roanoke Valley
Director Special Services, Roanoke City Schools
Superintendent of the Department of Social Services
Director of Human Development
John Pendarvis, Executive Director, Family Service
of Roanoke Valley
Margarite Smith, Parent Representative
(For full text, see report on file tn the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution=
(931301-011193) A RESOLUTION providing for the
establishment of a community policy and management team
for the City of Roanoke pursuant to the Comprehensive
Services Act for At-Risk Youth and Families} appointing
the membership of such team~ providing for the powers and
duties of such team} designating legal counsel and a
fiscal agent; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 54,
page 315.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31301-011193. The motion was seconded by Mr. Harvey and
adopted by the following vote=
AYES= Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None' 0.
POLICE DEPARTMENT-CITY CODE-FIREARMS= The City
Manager submitted a written report with regard to the
purchase of handguns by retiring police officers,
advising that the VirginiaGeneral Assembly passed State
legislation in 1989, Section 59.1-148.3, Code of
Virginia, which enables local police departments to allow
full-time sworn police officers who retire after at least
20 years of service, or who have an occupational
disability retirement allowance, pursuant to Section
22.1-48 or Section 22.1-66 of the City Code, to purchase
the service handgun issued to the officer by the agency
at a price of $1.00 for said weapon} and law enforcement
agencies may allow any full-time sworn law enforcement
officer who retires with ten or more years of service,
but less than 20, to purchase the service handgun issued
395
to the officer by the agency at a price equivalent to the
weapon's fair market value on the date of the officer's
retirement (determination of fair market value may be
made by reference to a recognized pricing guide).
It was further advised that any full-time law
enforcement office of a local police department who is
retired for disability under Section 22.1-47,
nonoccupational disability retirement allowance, or
Section 22.1-65, nonoccupational disability retirement
allowance, may purchase the service handgun issued to the
officer by the agency at a price equivalent to the
weapon's fair market value on the date of the officer's
retirement; that a local police department may allow the
i~nedlate survivor of any full-time sworn law-enforcement
officer who is killed in the line of duty or who dies in
service and has at least 20 years of service to purchase
the service handgun issued to the officer by the agency
at a price of $1.00 for said weapon; and provisions of
Section 59.1-148.3 did not apply to Virginia localities
prior to 1989.
It was explained that action is necessary by City
Council to authorize the Chief of Police to implement the
provisions of Section 59.1-148.3, Code of Virginia; and
the Police Department has a pending request to transfer
ownership of the service handgun of deceased Officer
Fred W. Robinson to his immediate survivor through the
court appointed guardian, and from retired Officer G. F.
Dyer, the only retiree to date during this fiscal year.
The City Manager recommended that Council authorize
implementation of Section 59.1-148.3, Code of Virginia
(1950), as amended, to apply to the Roanoke City Police
Department, and to specifically authorize transfer of
service weapons in connection with two pending requests.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
ordinance:
(#31302-011193) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by the addition
of a new Section 23-6, Purchase of handquns by certain
police officers or their survivors, to Article I, In
General, of Chapter 23, Police, Code of the City of
Roanoke (1979), as amended, such newsectton authorizing
396
ACTION~
the purchase of service handguns by certain police
officers or their survivors under certain clrcumstances~
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 317.)
Mr. Harvey moved the adoption of Ordinance No.
31302-011193. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, MusBer and Mayor Bowers ---7.
NAYS: None. 0.
POLICE DEPARTMENT-CITY EMPLOYEES: The City Manager
submitted a written report advising that Resolution No.
4748, adopted on February 28, 1936, established a policy
for payment of a salary supplement to injured employees
In the Fire and Police Departments for a period of 60
days} and the intent of the salary supplement is to
ensure that a police officer or a fireflghter receives
his or her full salary if an accident occurs on the Job
and causes the employee to lose time from work.
It was further advised that Sergeant William Moser,
an officer in the City of Roanoke's Police Department,
suffered Job related injuries tn a vacant building which
was in the process of rehabilitation on January 23, 1991,
when he fell that he fill through an open floor, covered
with plastic, Into the basement~ that the accident was
accepted bythe City's Workers' Compensation Program~ and
Council approved supplemental salary payments to Sgt.
Moser because it was clear that he would qualify for the
benefit by being unable to work after 60 days.
It was explained that a rehabilitation plan to bring
Sgt. Moser back into the work environment was designed by
a rehabilitation therapist retained by the Clty~ that
Sgt. Moser began modified duty in July, 1992, and he is
currently working in the City's warehouse performing
computer data entry along with assisting the warehouse
supervisor with various simple tasks~ and Sgt. Moser's
physical approved Increasing his work hours each week
until he reached eight hours per day, however, he has not
been able to adapt to the increases and ks currently
working only three hours per day.
397
ACTZON=
It was further explained that rehabilitation through
modified duty will end in January, 1993, when the
physician will evaluate Sgt. Moser's ability and capacity
to return to work as a police officer; that if Sgt. Moser
cannot return to work as a police officer, his doctor and
the rehabilitation therapist will explore his vocational
abilities for Job placement; that Risk Management
anticipates a three week delay after the doctor's visit
before the City will receive a copy of the doctor's
findings; that authorization to extend salary supplements
must be approved by Council; and continuance of salary
supplements until February 17, 1993, will allow the
physician to evaluate Sgt. Moser's progress over the past
year and communicate his recommendations to the City.
The City Manager recommended that Council authorize
supplemental salary payments no later than February 17,
1993, or until Officer Moser is able to return to normal
duty as a police officer, or until he is no longer
classified as a police office, whichever shall first
OCCUr.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31303-011193) A RESOLUTION extending the pay
benefits provided for by Resolution No. 4748 for a
certain employee of the Police Department.
(For full text of Resolution, see Resolution Book No. 54,
page 319.)
Mr. Musser moved the adoption of Resolution No.
31303-011193. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
NAYS: None 0.
HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-
GRANTS: The City Manager submitted a written report with
regard to an agreement with Total Action Against Poverty
and Roanoke At Home Limited Partnership, advising that on
May 13, 1991, Council authorized allocation of
$145,000.00 of Community Development Block Grant (CDBG)
funds to Total Action Against Poverty (TAP) as a part of
the overall CDBG program budget, pursuant to Resolution
398
No. 30508-051391~ that on September 23, 1991, Council
authorized execution of an agreement between the City and
TAP providing for the loan of $145,000.00 for a period of
15 years at one per cent interest, pursuant to Resolution
No. 30708-092391~ and funds were intended for the
purchase of five vacant and deteriorated structures which
TAP intends to rehabilitate into 12 apartments and rent
to 43 formerly homeless individuals~ and the five
structures secured payment of five notes, totalling
$145,000.00, in accordance with the above referenced
agreement between the City and TAP.
It was further advised that supportive services for
the 43 individuals will be providedbynine local service
agencies including TAP, Mental Health Services, VA
Medical Center, Fifth District Employment and Training
Consortium and the City's Department of Social Services~
that a memorandum of agreement has been drafted by
participating agencies to this effect~ and TAP purchased
the five structures in November and December, 1991~ viz=
1301 Rorer Avenue, S. W., 1321 Rorer Avenue, S. W., 1415
Chapman Avenue, S. W., 1529 Patterson Avenue, S. W. and
609 Twelfth Street, N. W.
It was explained that Federal low income housing tax
credits are a critical component of the financing for the
project, comprising $550,000.00 of equity financing~ that
to take advantage of tax credits, a limited partnership,
Roanoke at Home, had to be formed, with the TAP Housing
Corporation as a general partner~ that other taxable
entities will be the limited partners and will "buy" the
tax credits, thereby raising the $550,000.00 cash equlty~
that the Enterprise Foundation of Columbia, Maryland, is
the syndicator for the limited partnership and tax
credits and that they continue to be involved throughout
the life of the project} that in order to satisfy IRS
regulations relative to tax credits, the property had to
be transferred from TAP to the limited partnership,
Roanoke At HOMEprior to December 31, 1992, therefore, on
December 22, 1992, TAP transferred ownership of the five
structures to Roanoke At HOME, limited partnership,
subject to Council's approval of the transaction and
subject to approval of the project by HUD and the
Virginia Department of Housing and CommunityDevelopment~
and it will be necessary for the Partnership to execute
an agreement with the City and TAP in order to ensure
that the entity owning the structures will be paying on
the notes which are secured by the five properties.
399
ACTIOH~
The City Manager recommended that he be authorized
to execute an agreement between the City, the Partnership
and TAP in which the City consents to the transfer of the
five structures from TAP to the Partnership, which
requires execution of new notes and deeds of trust by the
Partnership.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution=
(%31304-011193) A RESOLUTION authorizing the City
Manager to execute an agreement with Roanoke At HOME, a
Virginia limited partnership ("Partnership"), and Total
Action Against Poverty in Roanoke Valley, Inc. ("TAP"),
to provide for the approval of the transfer of five
structures from TAP to the Partnership, and other
matters.
(For full text of Resolution, see Resolution Book No. 54,
page 320.)
Mrs. Bowles moved the adoption of Resolution No.
31304-011193. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES~ Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ......... 7.
NAYS: None- 0.
BUDGET-SEWERS AND STORM DRAINS-INDUSTRIES-
CONSULTANTS REPORTS-SIDEWALK/CURB AND GNJ~ER: The City
Manager submitted a written report with regard to
Statesman Industrial Park Stormwater Management System
revisions and a request for additional funding, advising
that project design for construction entered the final
stages in May of 1991, at which time appraisals and
negotiations for the purpose of acquiring the necessary
property, easements and access to the detention basin
were begun; that original storm drain alignment from
Granby Street to the detention basin required an easement
that fell partly on property of Russell L. Short and
John W. Inge; that environmental assessment of properties
to be acquired revealed an area of suspected oil spill
contamination on the Short property; that it was decided
it would be in the best Interest of the City to realign
the storm drain to by-pass the area in question; that the
storm drain realignment has now shifted the easement to
fall entirely on the Inge property requiring revisions to
400
the plans, construction documents, and the original Inge
plat which, in turn, required revisions to the James
Fielding Douthat plat to reflect the new alignment on the
Inge property; that further negotiations with James
Fielding Douthat resulted in the City considering an
industrial-type access to his property more or less along
the original alignment across the Short property; and
comparative cost estimates were made, including the
contaminated area, and the concept was later abandoned.
It was further advised that final alignment
decisions have been made which involve two more revisions
to the plans and related contract documents, as follows~
Provide access to the detention basin from
Howard Avenue on the Douthat property thereby
requiring another revision to the plat and
several sheets of the plans to reflect the
access with profile design and erosion
control.
Advertise both the detention basin and the
storm drain system as a single contract in
February of 1993. Provide an alternate to
construct curb and gutter with related
entrances throughout the industrial complex in
addition to that portion of curb and gutter
necessary to cause the storm drain to function
properly. (This will provide unit prices to
be used in the event that funds are available
for the additional curb, gutter and
entrances.) The project was originally
designed for construction in two phases and
two separate contracts. This revision
required changes to several sheets of the
plans, bid documents, and instructions to
bidders.
The City Manager explained that engineering fees for
providing all revisions and changes covered in the report
are as follows:
401
,!
revision on Inge property (plans)
revision on Inge plat
access cost estimates to Douthat
through Short property (abandoned)
Douthat plat revisions
revision to combine project8 (plans)
added sheets and revisions for access
from Howard Avenue on Douthat
property
585.00
120.00
480.00
280.00
3,785.00
4f800.00
Total $10,050.00
It was explained that the current project account
shows a balance of $12,220.32, however, this amount is
necessary in order to maintain the consultant's contract
administration once the project enters the bidding and
construction phase~ and in addition, funds by change
order in the amount of $10,050.00 will be necessary in
accordance with the following summary:
original contract amount
adjustment by previous change
order
amount of this change order
(No. 4)
new contract amount
$310,000.00
339,063.00
10,050.00
$349,113.00
The City Manager recommended that Council authorize
Issuance of Change Order No. 4, in the amount of
$10,050.00, to the contract with Mattern & Craig, Inc.,
and thereby establish a new contract amount of
$349,113.00~ and authorize the Acting Director of Finance
to transfer $10,050.00 from the current Public
Improvement Bond 1992A Storm Drain, Account No. 008-052-
9700-9176, to Statesman Park Sto&~water Management
Facilities, Account No. 008-052-9656-9055.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance=
(%31305-011193) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 321.)
402
ACTION=
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
31305-011193. The motion was seconded by Mr. McCadden
and adopted by the following vote=
AYES= Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ........ ?.
NAYS: None
e
Mr. Fitzpatrick offered the following resolution:
(%31306-011193) A RESOLUTION approving the City
Manager's Issuance of Change Order No. 4 to the City's
contract with Mattern & Craig, Inc., for engineering
services In connection with the Statesman Industrial Park
Stormwater Management System project.
(For full text of Resolution, see Resolution Book No. 54,
page 322.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31306-011193. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES= Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers -7.
NAYS: None,
0
BUDGET-PUBLIC WORKS-EQUIPMENT: The City Manager
submitted a written report recommending that Council
accept bids submitted by J. W. Burress, Inc., in the
amount of $69,000.00, for one new street sweeper for use
by the Grounds Maintenance Department, and MSC Equipment,
Inc., in the amount of $21,445.00, for one new four to
six ton rated roller for use by the Street Maintenance
Department~ reject all other bids received by the Ctty~
and appropriate $21,445.00 from General Fund Capital
Maintenance and Equipment Replacement Account to the
Fleet Management Fund, Account No. 006-052-2641-9010.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance=
403
,I
ACTION:
ACTION=
(#31307-011193) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Internal
Service Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 323.)
Mr. Harvey moved the adoption of Ordinance No.
31307-011193. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ......... 7.
NAYSt None O.
Mr. Harvey offered the following resolution:
(#31308-011193) A RESOLUTION accepting bids made to
the City for furnishing and delivering one new street
sweeper for use by the Grounds Maintenance Department and
one new four to six ton rated roller for use by the
Street Maintenance Department; and rejecting all other
bids made to the City.
(For full text of Resolution, see Resolution Book No. 54,
page 325.)
Mr. Harvey moved the adoption of Resolution No.
31308-011193. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ......... 7.
NAYS: None 0.
ACTING DIRECTOR OF FINANCE:
BUDGET-PENSIONS: The Acting Director of Finance
submitted a written report with regard to the City of
Roanoke Pension Plan cost-of-living raise, advising that
on May 11, 1992, Council adopted Ordinance No. 31005-
051192, approving a three per cent permanent cost-of-
living raise for eligible members of the City of Roanoke
Pension Plan; and on July 31, 1992, 882 retirees received
the increase based on the following qualifications:
404
ACTION =
retired on or before June 30, 1991,
earned ten years of creditable service before
retirement, with the exception of occupational
disability; and
spousal qualifications based on
requirements for employee/retiree.
above
It was further advised that the July 31, 1992,
monthly increase in pensions for the cost-of-livinq
adjustment wa~ $12,060.00 which equates to an annual
amount of $144,720.00; that total estimated cost of the
increase is $1,133,000.00 based on current actuarial
assumptions; and in order to partially address funding
requirements for the increase, a one-time lump sum
payment of $250,000.00 was designated from fiscal year
1992 year-end fund balance.
The Acting Director of Finance recommended that
Council appropriate $250,000.00 to the General Fund,
Account No. 001-004-9110-1105, to be transferred to the
City of Roanoke Pension Plan.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(t31309-011193) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 326.)
Mr. White moved the adoption of Ordinance No. 31309-
011193. The motion was seconded by Mr. HcCadden and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Musser 6.
NAYS: Mayor Bowers
CITY ATTORNEY:
405
,!
ACTION:
LEGISLATION-SCHOOLS-CITY CHARTER: The City Attorney
submitted a written report with regard to a proposed
Roanoke City Charter amendment, advising that the City's
Legislative Program for the 1993 Session of the General
Assembly includes an item requesting relief from Section
22.1-79, Code of Virginia (1950), as amended, which
requires that local school boards establish school
calendars so that the first day of school shall fall
after Labor Day; that said provision creates a hardship
for western Virginia school divisions which may have an
abnormal number of closing days due to inclement weather;
and at the meeting which was held with the City's
legislative delegation on January 4, 1993, one of the
legislators suggested that this proposal might be best
addressed through a Charter amendment.
The City Attorney recommended that Council establish
a public hearing to be held on Monday, January 25, 1993,
with respect to a proposed Charter amendment which would
permit the local School Board to establish a school
opening date in advance of Labor Day.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
recommendation of the City Attorney. The motion was
seconded by Mr. Harvey and unanimously adopted.
ANIMALS/INSECTS: The City Attorney submitted a
written report advising that at the regular meeting of
Council held on January 4, 1993, Walker Nelms and others
presented proposals which were intended to reduce the
population of stray dogs and cats and thereby reduce the
number of animals required to be euthantzed; and at the
same meeting, Mr. Harvey inquired as to the current fees
for licensure and impoundment of dogs and cats,
whereupon, Mr. Dibling advised that the annual license
fees which apply to dogs only, are as follows:
each female dog ................ ....$10.00
each male dog ...................... 7.50
each spayed or neutered dog ........ 5.00
It was further advised that with respect to
impoundment, the fees applicable to dogs and cats, are as
follows:
406
AC?ION:
first impoundment of animal ........ $10.00
second impoundment of animal
within 12 consecutive
months ....... 20.00
of animal within 12
consecutive months ................ 30.00
Daily boarding fee ................. 5.00
The City Attorney pointed out that Impoundment and
boarding fees were Increased by Council on July 13, 1992,
pursuant to Ordinance No. 31091-071392, and the intent tn
establishing a graduated fee schedule was to create a
deterrent for Irresponsible persons who might allow their
pets to run at large, thereby contributing to disease
transmission and pet overpopulation problems.
It was pointed out that the proposals of Mr. Nelms
and others in his group were referred to the City Manager
and City Attorney and will be addressed as quickly as
possible.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the report be received and
filed. The motion was seconded by Mr. Fitzpatrick and
unanimously adopted.
REPORTS OF COMMITTEES:
ASBESTOS REMOVAL-WATER RESOURCES: Council Member
WilliamWhite, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for the asbestos
abatement project at Carvins Cove Filter Plant, 8192
Angel Lane, N. E., presented a written report on behalf
of the committee, recommending that Council authorize the
City Manager to enter into a contract with Webster
Environmental, Inc., in accordance with contract
documents as prepared by HDH Technical, Inc., in the
amount of $35,000.00 and 45 consecutive calendar days for
completion of the work; that funding Is available in
Carvins Cove Improvements, Phase I, Account No. 002-056-
8353-9060; and reject all other bids received by the
City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
407
,!
ACTION:
ACTION=
Mr. White offered the following emergency ord£nance=
(931310-011193) AN ORDINANCE accepting the bid of
Webster Environmental, Inc., for asbestos abatement and
related work at the Carvtns Cove Filter Plant, upon
certain terms and conditions, and awarding a contract
thereforel authorizing the proper City officials to
execute the requisite contract for such work~ rejecting
all other bids made to the City for the workl and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 327.)
Mr. White moved the adoption of Ordinance No. 31310-
011193. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES= Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers --?.
NAYS= None O.
UNFINISHED BUSINESS= None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELr.~NEOUS BUSINESS=
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ROANOKE CIVIC CENTER: Mr. McCadden commended the
City Manager and the Manager of the Roanoke Civic Center
for their work in connection with the Roanoke Valley
Rampage.
OTHER HEARINGS OF CITIZENS= None.
At 10:20 p.m., the Mayor declared the meeting in
recess.
At 10:40 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL= With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) on1¥ public business matters lawfully exempted from
408
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ..... 7.
NAYS= None 0.
There being no further business, the Mayor declared the
meeting adjourned at 10:42 p.m.
APPROVED
ATTEST
City Clerk
Mayor
4O9
,!
,!
SPECIAL MEETIHG
ROANOKE CItY COUNCI~
January 23, 1993
8=40 a.m.
The Council of the City of Roanoke met in special session on
Saturday, January 23, 1993, at 8140 a.m., mn the Roanoke Regional
Airport Conference Room, Roanoke Regional Airport, 5202 Aviation
Drive, N. W., pursuant to Section 10, Meetinqs of Council of the
Roanoke City Charter, and pursuant to communication from the Mayor
under date of January 21, 1993, with Mayor David A. Bowers
presiding.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II (arrived at 8~55 a.m.),
Delvis O. McCadden, Howard E. Musser, WllliamWhite, Sr.~ and Mayor
David A. Bowers .......... 7.
ABSENTI None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager~ Wilburn C.
Dlbling, Jr., City Attorney~ James D. Grisso, Acting Director of
Finance~ Jesse A. Hall, Administrator of City Accounting Services~
and Mary F. Parker, City Clerk.
OTHERS PRESENT: Willard N. Claytor, Director of Real Estate
Valuation~ George C. Snead, Jr., Director of Public Safety~ James
D. Ritchie, Director of Human Development} Kit B. Klser, Director
of Utilities and Operations~ Barry L. Key, Manager, Office of
Management and Budget~ and Diane Akers, Budget/Management Analyst,
Office of Management and Budget.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
The Mayor referred to the following communication calling the
special meeting of Council:
"January 21, 1993
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen=
410
Pursuant to Section 10, Meetings of Council of the
Roanoke City Charter, I am calling a special meeting of
the Council of the City of Roanoke on Saturday,
January 23, 1993, at 8:30 a.m., in Conference Room A at
the Roanoke Regional Airport. The purpose of the meeting
will be to hold a Strategic Planning Session to discuss
short term budget issues.
Sincerely,
S/David A. Bowers
David A. Bowers
Mayor"
BUDGET-CAPITAL IMPROVEMENTS PROGRAM-COUNCIL-PLANNING: The
Mayor called attention to the importance of discussing financial
projections and concerns at a time when Council Members can devote
lndepth thought and attention and not have to deal with such
matters on a case by case basis in connection with a regular City
Council agenda. He explained that this is the first of three
planning sessions or retreats to be held during the months of
January, February and March.
The City Manager advised that the goal is to complete the
planning session at approximately 2:00 p.m. He introduced the
following members of the budget staff who worked diligently for the
past two months to compile information in a comprehensive manner:
James D. Grisso, Acting Director of Finance; Jesse A. Hall,
Administrator of City Accounting Services; Barry L. Key, Manager,
Office of Management and Budget; and Diane S. Akers, Budget/
Management Analyst, Office of Management and Budget. He explained
that all items which will be discussed are included in a notebook
that was furnished to each member of Council entitled, "Financial
Data and Trends, Fiscal Years 1988 to 1993". He expressed
appreciation to the Members of Council for devoting a portion of
their Saturday to deal with the City's financial status.
The City Manager stated that Vice-Mayor Fitzpatrick and
Council Member White were requested by the Mayor to work with the
City Administration to compile a strategic plan and to begin to
meld the strategic planning process with a comprehensive plan
inasmuch as the City is now in the sixth year of its comprehensive
plan which should be renewed every five years. He explained that
this planning session represents the foundation for the two
upcoming sessions in February and March in connection with
financial discussion relative to the last five years, along with
current trends and what those trends predict for the future. He
added that on February 10, 1993, it is proposed that Council will
hold a capital improvements planning session discussion in order to
review certain of the City's top projects so that City staff will
411
m
m
receive direction from Council as to those items that should be
incorporated into the upcoming budget in terms of capital
improvements. He stated that the third session in March will deal
with community issues and how those issues are changing, and
following the third session, a period of citizen participation will
take place at which time Council's conclusions will be discussed
with citizens, and, in turn, ideas, thoughts and concerns of
citizens will be brought to the attention of City Council and the
City Planning Commission. He explained that this process will
provide a comprehensive product to be accomplished over the next
three to four months and will launch the City in a specific
direction for the next three to four years. He advised that the
process will provide a plan that will serve for not only the
upcoming 1993-94 budget process, but a plan that will build a
foundation for Council for at least the remaining term of the seven
members of City Council.
At this point, 8:55 a.m., Mr. Harvey entered the meeting.
For his presentation, Mr. Key advised that he would be using
a combination of color slides and work sheets which are contained
in the notebook previously referred to by the City Manager. He
stated that he will focus on six years, five years of financial
history beginning in fiscal year 1988 and ending in fiscal year
1992, followed by the current fiscal year 1993; and it is hoped to
answer four specific questions for those six fiscal years; viz:
How has City government performed financially
during the past five fiscal years?
How does the City's financial performance
compare to other state and regional local
governments (the definition of regional
governments during the discussion will relate
primarily to Roanoke County and Salem)?
How is the City performing financially during
the current fiscal year, 19937
4. How is the Commonwealth performing
financially?
With regard to how the City has performed financially during
the past five fiscal years, Mr. Key referred to page 4 of the
notebook which contains a picture of the past five fiscal years
beginning with fiscal year 1988 through fiscal year 1992, advising
that the information was taken directly out of ComprehensiveAnnual
Financial Reports prepared by the Department of Finance.
412
The City Manager responded to a question in connection with
the City's self-insured insurance account, advising that each year
as the City's records are closed on June 30, additional funds are
appropriated, and although the number has increased steadily, the
question surfaces as to whether there are sufficient funds in the
account inasmuch as the City has received certain sizeable claims.
He added that since the City is self-insured, which causes a
certain vulnerability, City staff is working on the question of
whether or not the City is adequately insured, and that will be a
part of the City's review for bond rating to determine if it has
the proper reserves for certain kinds of catastrophic claims. He
noted that the balance in the fund as of the close of fiscal year
1992 was $1,776,770.00, and Mr. Grisso pointed out that
approximately $300,000.00 of the total figure Is designated to the
schools inasmuch as the School Board allocated a portion of its
Capital Maintenance and Equipment Replacement Program funds to the
insurance account.
Mr. Key reviewed page 5 which is a detailed summar~ of General
Fund Revenue Categories and page 6 containing a detailed summary of
General Fund Expenditure Categories. He referred to page 8,
General Fund Revenues by Major Source, advising that the
spreadsheet sets forth five years of history of fiscal year 1988
through 1992. He referred to the following five shaded boxes which
represent the five primary categories on which he would focus his
remarks: General Property Taxes, Other Local Taxes, Total Other
Local Revenues, Total Intergovernmental and Total Special Purpose
Grants. He explained that General Property Taxes increased $12.8
million during the period which is an average of 7.2 per cent per
year; that Other Local Taxes increased $5.7 million, or 4.2 per
cent per year; and if the two categories are combined, all Total
Local Taxes increased $18.6 million, or approximately 5.9 per cent.
He pointed out that Total Local Taxes which includes Charges for
Services, Rents and Interest, Fines and Forfeitures, Permits, Fees
& Licenses, and Miscellaneous, has increased approximately
$748,000.00 in the last five years, or 2.2 per cent per year. In
connection with Total Local Revenues, he advised that the total
dollar increase was $19.3 million during the period, or 5.5 per
cent during the year; that Local Revenues during this period
generated 69 per cent of all of the City's revenue, and the other
31 per cent came from Intergovernmental, therefore, approximately
two-thirds of the City's Governmental Revenue is derived from local
sources. He explained that one of the largest changes came in the
line item of Rents and Interest which decreased from $1.4 million
in fiscal year 1990-91 down to $791,000.00 in fiscal year 1991-92
(revenue from parking garages was taken out of the General Fund and
placed in the Transportation Fund). In connection with
Intergovernmental Revenues which are broken down by City and
Schools, he stated that total increase is $5.8 million, or only a
2.8 per cent increase per year during the five year period compared
to Total Local Revenues having increased 5.5 per cent. With regard
413
to Special Purpose Grants, he advised that the category has
increased $2.9 million, or 11 per cent per year, however, that
particular category is not a reliable source of ongoing revenue
inasmuch as it includes Federal grants received by the City for
special purposes. He explained that Total Intergovernmental
Revenues reflect a total of $8.6 million, or a 3.7 per cent
increase; and Total Revenues during the period increased $28
million, or 4.8 per cent per year. He explained that inflation
during the period was about 4.4 per cent per year, therefore, the
City was running about four-tenths of a per cent above inflation tn
revenue.
It was stated was made that in the last five years, total
revenue has increased 4.8 per cent, and a question was raised as to
the difference in the increase between the school budget in the
last five years versus the City's side of the budget. Mr. Key
advised that for the last ten years, the General Fund went up a
total of 5.8 per cent per year, that the City's side of the budget
went up 5.2 per cent per year, while the school budget went up 6.5
per cent, and the City's share of the school budget went up 7.3 per
cent.
In connection with the chart on page 9, General Fund Revenues
by Major Source Actual Dollars Received from Fiscal Year 1988-1992,
Mr. Key advised that General Property Taxes have provided a bright
spot in terms of revenue growth, and Other Local Revenues, which
include various fees charged for services, has been relatively
flat. He explained that the chart on page 10 includes the five
categories and shows percentage increases durin~ the five year
period along with actual annual percentages during the five year
period. He noted that Special Purpose Grants went up 52 per cent
in five years, with a relatively small dollar increase of $2.9
million, or ll.1 per cent per year; that General Property Taxes
grew 32 per cent during the period, with a dollar volume of $12.8
million, or 7.2 per cent per year; that Other Local Taxes show 17.8
per cent for the period, or $5.8 million, or 4.2 per cent per year;
that Intergovernmental increased 11.7 per cent for the entire
period, or $5.8 million, or 2.8 per cent per year; and Other Local
Revenues reflect 8.9 per cent for the period, or 2.2 per cent per
year.
Mr. Key referred to page 11, General Fund Revenues by Major
Source (Constant Dollars Adjusted for CPI), advising that the
definition of constant dollars is actual dollars collected minus
dollars attributed to inflation. He called attention to the CPI
for each of the five years, and pointed out that the CPI is set for
base year 1988 at 100 and the other years are adjusted accordingly,
for example: in fiscal year 1988, with a base of 100, inflation
increased 5.2 per cent in fiscal year 1989, therefore, the base
became 105.2; that from fiscal year 1988 to 1990, the CPI increased
414
10.1 per cent; and from fiscal year 1988 to 1990-91, the CPI
increased 15.3 per cent to 18.8 per cent in fiscal year 1992,
therefore, the average increase was about 4.4 per cent per year.
Mr. Key advised that the total dollar increase in General
Property Taxes during the period was $4.5 million, or 2.7 per cent
per year, and based on the previous chart, actual increase was
about 7.2 per cent per year; that Other Local Taxes showed a
negative growth in terms of constant dollars and decreased 0.2 per
cent; and if Total Local Taxes are added together, they increased
$4.2 million, or 1.4 per cent per year; that Total Other Local
Revenues declined by almost $700,000.00, or a 2.1 per cent decrease
per year; and Total Local Revenues are up only $3.5 million, or a
little over one per cent per year. He stated that Intergovernmental
Revenues show a decrease of almost $3 million in terms of constant
dollars during the period, or a decline of -1.5 per cent per year;
and Total Intergovernmental Revenues show a $1.4 million decline,
or a 0.6 per cent per year decline. He further stated that all
Other Total Revenues grew only $2.1 million, or 0.4 per cent per
year in terms of constant dollars.
Mr. Key referred to the chart on page 12 which demonstrates
that beginning in fiscal year 1989, constant dollars started taking
a dive; that General Property Taxes continued to show growth even
in constant dollars; that Other Local Taxes are fairly flat and
were keeping pace in constant dollars with inflation until fiscal
year 1991 when inflation kicked in; that Other Local Revenues are
fairly flat; and Special Purpose Grants show some growth.
Continuing to page 13, General Fund Revenues by Major Source
(Constant Dollars), Per Cent Change from Fiscal Year 1988 to Fiscal
Year 1992, Mr. Key stated that Special Purpose Grants continues to
show an increase; that General Property Taxes which were 7.2 per
cent in actual dollars dropped to 2.7 per cent in constant dollars,
and all other categories show a decline, therefore, it appears that
all other categories performed below the rate of inflation during
the period. In connection with page 15, Revenue Source Structure
Changes (Actual Dollars) Per Cent Change from Fiscal Year 1988 to
Fiscal Year 1992, he advised that another way to look at revenue
performance is by reviewing changes in the source structure. He
explained that during the five years, Intergovernmental went from
36.6 per cent in 1988 of total revenues (federal and state
revenues) to 33.8 per cent in 1992 of total revenues; that Special
Purpose Grants increased about one per cent (from 4.1 per cent to
5.1 per cent), which is not a positive trend due to the unreliable
nature of some of the grants; that Other Local Taxes declined from
23.9 per cent in 1988 to 23.3 per cent in 1992; and Other Local
Revenues dropped slightly from 6.2 per cent to 5.6 per cent.
415
Mr. Harvey expressed concern that the City seems to rely more
and more heavily each year on General Property Taxes; whereupon,
the City Manager pointed out that as state support goes down, the
local percentage of the general fund budget increases, even if
funds from the State do not increase, and localities begin to look
at other alternatives. He added that Council has requested
information on other taxing options whether it be the one-half cent
increase in the local option sales tax or some other taxing
authority in order to provide relief for local governments; and if
the State is not willing to continue at least its same proportional
share, it is only fitting that localities look to the State for
certain legislative alternatives. He explained that it appears the
State is slowly heading in the direction of getting away from
supporting the state/local partnership in the area of schools,
police departments, social services, medicare, medicaid, etc.,
which is a very disturbing trend. The Acting Director of Finance
pointed out that the problem with state revenues is that there is
no inflationary increase in local taxes.
Mr. Musser expressed concern over State mandates without
appropriate funding, and the City Manager referred to a bill
presently under consideration that could mandate free textbooks in
public schools which would cost the City of Roanoke approximately
$60,000.00.
Mr. Key advised that the question is -- how was the City able
to absorb a $4.5 million reduction in General Property Taxes during
a period when General Property Tax rates were not increased and
assessments did not increase at a level that would have created
that kind of growth. He referred to the chart on page 16 which
shows that during the five year period, there was a total of $188
million in co~unerclal construction and improvements that generated
$2.3 million in taxes which is about 50 per cent of where the $4.6
million was derived. He explained that in residential construction
and improvements, there is approximately $53 million in actual
increases in assessment value which generated about $700,000.00 in
taxes. He stated that in fiscal year 1990-91, Personal Property
Tax proration was initiated which generated $1.2 million, advising
that 8.7 per cent of that growth came about as a result of enhanced
collection of delinquent taxes that generated $400,000.00 per year.
Mr. White advised that enhanced collection of delinquent taxes
is an area where there could be continued improvement and ongoing
sources of revenue without imposing additional taxes if the effort
is coordinated with City staff responsible for collecting the
various taxes.
Mr. Harvey advised that it was his understanding that taxes
were being collected at 90 per cent and Council authorized
establishment of an additional Assistant City Attorney position for
that specific purpose; whereupon, the City Attorney advised that
416
delinquent tax collection ts a priority for his office which
provides staff support to the Office of Billings and Collections
and the two offices are doing a better Job of collecting delinquent
accounts.
The Acting Director of Finance advised that additional staff
was authorized in the Billings and Collections Department for the
purpose of dealing with additional taxes. He explained that
delinquent taxes are transferred from the City Treasurer to the
Department of Billings and Collections on July 1 of each year
because the quicker the City acts on a delinquent account, the more
likely it is to collect; that increased legal assistance has helped
substantially and the City has been able to tie into several
electronic files such as the Division of Motor Vehicles file, a
credit bureau file, and the Debt Set-Off Collection Program
provided by the State. He explained that on a dollar basis,
delinquent tax collection has gone from approximately $600,000.00
to $1 million in 1992.
The City Manager advised that the following two questions
should be answered: (1) How well is the City doing in its efforts
to collect taxes? and (2) What actions are being taken to insure
that the City is assessing properly? He pointed out that Council
authorized an additional position in the Office of Commissioner of
Revenue to perfoz~ field audits on businesses and occupational
license taxes with the goal that the position would not be
continued unless there is a ratio of approximately five or six to
one of new taxes assessed versus the cost of the position.
The City Manager's Executive Summary pointed out the following
facts in connection general revenue trends in major revenue
categories:
Total revenues (local and intergovernmental
revenues) increased 4.8 per cent per year,
only 0.4 per cent above annual inflation.
Local revenues (including local taxes)
increased 5.5 per cent per year, 1.1 per cent
above annual inflation.
Intergovernmental (Federal and State) revenues
increased 2.8 per cent per year, 1.5 per cent
below annual inflation, and accounted for only
31 per cent of all revenue growth during the 5
year period.
417
Local tax revenues (including general property
and Other Local Taxes) increased 5.9 per cent
per year, 1.4 per cent above annual inflation.
Local tax categories accounted for 67 per cent
of all revenue growth during the period.
General Property Tax revenues (real property,
public service property and personal property)
increased 7.2 per cent per year, 2.7 per cent
above annual inflation, while all other local
tax revenues increased 4.2 per cent per year,
0.2 per cent below annual inflation.
Intergovernmental revenues' share of total
revenues declined 2.8 per cent during the
period, the equivalent of $4.5 million in
today's dollars, while General Property Tax
revenues' share of total revenues increased
2.9 per cent.
2.8 percent shift in percentage share from
intergovernmental revenues to General Property
Taxes did not require increased General
Property Tax rates because of commercial and
residential construction/improvements valued
at $240 million, commencement of personal
property tax proration and enhanced collection
of delinquent taxes during the period.
At 11:15 a.m., the Mayor declared the meeting in recess.
At 11:25 a.m., the meeting reconvened in the Airport
Conference Room, with all Members of the Council in attendance,
with the exception of Council Member Harvey, Mayor Bowers
presiding.
Mr. Key referred to page 19, Local Taxes by Major Source
(Actual Dollars), advising that Total - Local Taxes increased 5.9
per cent per year during the five year period; that there was a
$8.2 million increase in Real Estate Taxes during the five-year
period, or a 31 per cent total increase, or 7.1 per cent per year,
and approximately $3 million of that growth was due to new
construction and improvements and approximately $400,000.00 came
from enhanced delinquent tax collections. He pointed that Personal
Property Taxes increased about $3.7 million or 7.7 per cent per
year, and if proration of personal property is deleted from that
figure, it would amount to about 5.3 per cent per year; and Public
Service Tax, which is a tax that the City has little control over
and is based on changes in assessment by the State Corporation
Commission increased slightly to $813,000.00. He added that Total
- General Property Taxes shows a $12.8 million increase, or 7.2 per
418
cent per year, and if the amount of growth of new construction
improvements and enhanced tax collection at proration is deducted
from the 7.2 per cent, the figure drops to about 4.9 per cent which
is slightly over inflation. He stated that for fiscal year 1990-
91, Sales Tax shows a decline in actual dollars at $467,000.00 in
growth, or one per cent per year. He explained that the Utility
Consumer Tax was increased from 10 per cent to 12 per cent in order
to fund the Roanoke River Flood Reduction Project in fiscal year
1989-90, and the impact is seen in the next fiscal year when the
tax Jumped from $7.7 million to about $9.1 million to $9.2 million
the next year, and total growth of $2.2 million came from the tax
rate increase.
Mr. Harvey spoke in support of a one-half cent increase in the
local option sales tax, advising that the sales tax is not a growth
oriented tax and the General Assembly should do something to give
localities the mechanism to increase the tax and not tie the
increase to inflation. He stated that this is a good illustration
of where the State has not allowed localities to experience growth
in the Sales Tax.
The Mayor inquired as to the amount of funds that would be
generated as a result of a one-half cent increase in the local
option sales tax; whereupon, the Acting Director of Finance advised
that the increase would produce approximately $6 million in
additional revenue for the City.
The Mayor inquired if statistical data is available breaking
down the amount of taxes paid by citizens of the City of Roanoke
compared to persons from other localities toward the Prepared Food
and Beverage Tax, Admissions Tax, etc., advising that there would
be a definite advantage in having such information.
Mr. Key advised that the Business and Occupational License
Taxes, which are recession sensitive type taxes, declined in fiscal
year 1991 and 1992, and grew slightly less than $1 million during
the period, or 3.7 per cent per year. He called attention to the
Prepared Food and Beverage Tax for fiscal year 1988, advising that
when the tax was initiated, only 11 months remained in the first
year of the collection, however, the other four years have seen
very little growth even though the tax has been an important source
of revenue, although not a real growth revenue. He referred to
other miscellaneous taxes, advising that there has been some
growth, for example, the City increased the cable television
franchise rate to fund the local government access channel in
fiscal year 1991, the Cigarette Tax has been increased two times
during the period, and has been little growth in the Admissions Tax
and the Transient Room Tax; and Total - Other Local Taxes which
include Sales Tax, Utility Consumer Tax, etc., grew $5.7 million,
or 4.2 per cent annually.
419
Mr. White inquired if the City is taking advantage of all
potential taxing sources available to localities in the
Commonwealth of Virginia; whereupon, the City Attorney called
attention to the utility tax which could be applied to cable
television. Mr. White requested that the City Manager respond to
his inquiry during fiscal year 1993-94 budget study.
Mr. White inquired if localities are authorized by the State
to enforce a local income tax on non-residents working in an urban
Jurisdiction; whereupon, the City Attorney advised that although it
is a good idea and such tax has been studied by the Dillon
Commission, legislation would be required by the General Assembly,
and such legislation has not been introduced in recent years.
Mr. Key referred to the spreadsheet on page 20 indicating that
total local taxes increased about $18.6 million during the period.
He stated that 49 per cent of the $18.6 million came from growth in
the tax base and the other 31 per cent came from changes in
property valuations (real estate, reassessments, etc.); that 18 per
cent came from changes in taxes or tax collection procedures and
$400,000.00 came from enhanced collection of delinquent taxes. In
reviewing the 49 per cent that came from growth in the tax base, or
$9.1 million, Mr. Key advised that $2.4 million came from personal
property (without proration), commercial construction and
improvements generated $2.3 million, prepared food tax generated
approximately $1 million, business licenses generated $1 million,
utility tax without the tax rate increase generated $700,000.00,
residential construction and improvements generated $700,000.00,
sales tax generated $500,000.00, and all other local taxes
generated $500,000.00.
In connection with page 21, Mr. Key advised that 31 per cent
came from changes in property valuation, or $4.9 million in real
property; that $800,000.00 came from public service taxes and
$100,000.00 came from downtown district tax (the tax is collected
by the City and turned over to downtown businesses). On page 22,
he discussed tax changes that occurred during the five year period,
advising that 18 per cent of local taxes came from tax changes, or
$3.3 million; that the utility tax increase generated $1.5 million,
personal property proration generated $1.2 million, cigarette tax
generated $500,000.00, cable television franchise tax generated
$100,000.00, and the remainder was the result of enhanced
collections ($400,000.00).
Mr. Harvey inquired if a chart is available setting forth
projects out of the $18.6 million which were previously earmarked
for certain purposes; whereupon, Mr. Key advised that the
information could be compiled.
420
In connection with page 23, Local Taxes by Major Source
(Actual Dollars), Mr. Key advised that the category of Prepared
Food flattens out after the first 11 months showing little growth;
that the Business License Tax indicated a growing trend until
recession kicked in around fiscal year 1991; that All Other Taxes
include certain tax rate increases authorized during the period
such as the Cigarette Tax, Public Service Tax, Motor Vehicle
License fees, Transient Room Tax, etc.; that Sales Tax was on a
slight increase until the last fiscal year; that Personal Property
Tax proration indicated a slight increase; and the Real Estate Tax
is the single largest category in growth in terms of local taxes.
Referring to page 24, Mr. Key advised that Personal Property
Tax increased 34.3 per cent, or $3.7 million, or 7.7 per cent per
year; that Utility Consumer Tax is at 7.2 per cent per year and
would have dropped to about 2.5 per cent without the tax rate
increase; that the Real Estate Tax, in terms of dollars, is the
City's greatest source of local tax revenue, or 7.1 per cent per
year, and if new construction improvements and delinquent tax
collections are removed, the figure drops to about 4.4 per cent per
year; that the Prepared Food Tax, which is overstated because of
the first year, is at 6.9 per cent; that All Other Local Taxes are
6.2 per cent; that the Business License Tax is at 3.7 per cent per
year; and the Sales Tax is at 1.0 per cent per year.
Mr. Key referred to page 25, Local Taxes by Major Source
(Constant Dollars Adjusted for CPI), advising that Real Estate
Taxes grew only 2.6 per cent per year in constant dollars; that
Personal Property grew 3.1 per cent per year, that Sales Tax
performed at -3.3 per cent below inflation during the period; that
Utility Consumer Tax grew 2.7 per cent (shows an increase only
because of the tax rate increase); that Business and Occupational
License Tax shows a -0.07 per cent; and the Prepared Food and
Beverage Tax grew 2.4 per cent (over stated). He added that Total
Local Taxes performed only 1.4 per cent per year above inflation
during the period.
Mr. Key noted that page 29 Local Tax Source Structure Changes
(Actual Dollars) Per Cent Change from Fiscal Year 1988 to Fiscal
Year 1992, illustrates certain trends in terms of the percentage of
total local tax revenue that each of the categories provide. He
noted that Sales Tax in fiscal year 1988 was 15.9 per cent of total
revenues and dropped to 13.2 per cent in 1992; that Business
License Tax dropped from 8.7 per cent in 1988 to 8.0 per cent in
1992; that the Utility Consumer Tax, because of the tax rate
increase, increased slightly from 9.7 per cent in 1988 to 10.2 per
cent in 1992; that Personal Property Tax, because of proration,
increased slightly by 1.0 per cent from 14.8 per cent in 1988 to
15.8 per cent in 1992; that the Prepared Food Tax has remained
stable; and the Real Estate Tax has risen from 36.2 per cent in
1988 to 37.9 per cent in 1992.
421
Mr. Key reviewed page 30, which sets forth the following Local
Tax Increase Initiatives from fiscal year 1988 to ~iscal year 1993:
Fiscal Year 1987-88
Cigarette Tax was increased from $.02 to $.05
per pack.
Prepared Food and Beverage Tax of 4.0 per cent
was levied for the first time.
Revenues from both tax changes were used to
fund:
School Administration ($327,000.00)
Fixed Asset Maintenance ($200,000.00)
Equipment Replacement ($800,000.00)
Paving Program ($650,000.00)
Fiscal Year 1989-90
Utility tax was increased from 10 per cent to
12 per cent to fund debt service and operating
costs of the Roanoke River Flood Reduction
project.
Fiscal Year 1990-91
Cigarette Tax was increased from $.05 to $.10
per pack.
Proration of Personal Property Tax was begun.
Revenues from both tax changes were used to
fund a variety of City and School program
enhancements.
Fiscal Year 1991-92
Cable television franchise tax was increased
from 4.0 per cent to 5.0 per cent to fund the
cost of a local government access channel.
Fiscal Year 1992-93
Cigarette Tax was increased from $.10 to $.14
per pack.
Transient lodging tax was increased from 4.0
per cent to 5.0 per cent.
422
Revenues from both tax changes were used to
fund:
Convention and
($300,000.00)
Visitors Bureau
Additional C.O.P.E. Team ($327,527.00)
The City Manager's Executive iummarypointed out the following
in connection with trends in local tax categories:
Local tax revenue growth of 5.9 per cent per
year during the period can be attributed to
four primary factors:
Per cent of Local
Tax Revenue Growth
Growth in the tax base 49%
Changes in general property
valuation 31%
Changes in tax rates/
collection methods 18%
Enhanced delinquent tax
collections 2%
Real Estate Tax revenues increased 7.1 per
cent per year, 2.6 per cent above annual
inflation, and accounted for 44 per cent of
all local tax revenue growth. If the portion
of this growth attributable to new
construction/improvements and enhanced
collection of delinquent taxes is excluded,
the percentage growth reduces to 4.4 per cent
per year, only 0.2 per cent above annual
inflation. This is the amount of revenue
growth attributable to changes in property
valuation.
Personal Property Tax revenues increased 7.7
per cent per year, 3.1 per cent above annual
inflation, and accounted for 20 per cent of
all local tax revenue growth. If the portion
of this growth attributable to the proration
of Personal Property Tax is excluded, the
percentage growth reduces to 5.3 per cent per
year, only .09 per cent above annual
inflation.
Utility Consumer Tax revenues increased 7.2
per cent per year, 2.7 per cent above annual
inflation, and accounted for 12 per cent of
423
all local tax revenue growth. If the portion
of this growth attributable to the increase in
the tax rate from 10 per cent to 12 per cent
to fund the Roanoke River Flood Reduction
Project is excluded, the percentage growth
reduces to 2.5 per cent per year, 1.9 per cent
below annual inflation.
Prepared Food Tax revenues increased 6.9 per
cent per year, 2.4 per cent above annual
Inflation, and accounted for 6.0 per cent of
all local tax revenue growth. This growth
rate is overstated due to only 11 months of
collections during the first year of the tax -
subsequent year's collections have been steady
with no appreciable growth.
Ail other local tax revenues accounted for
only 18 per cent of local tax revenue growth.
Many of these revenue categories are "elastic"
revenue sources, in that they perform in very
close relationship to how the economy is
performing, and did not perform well during
the economic recession. Examples of these
"elastic" taxes are:
Per cent
Growth per Year
Business License Taxes
Sales Tax
Transient Room Tax
Recordation and
probate tax
Admissions Tax
3.7%
1.0%
-0.1%
-0.6%
1.5%
General Property Taxes' share of local tax
revenues increased 2.9 per cent during the
period, as the performance of "elastic" tax
sources declined during the economic
recession. General Property Tax sources, and
especially real property taxes due to the
percentage of local tax revenue growth
generated, became increasingly more important
as a local revenue source, and will continue
to have that importance until the economy
improves substantially.
With regard to page 33, Intergovernmental Revenues by Major
Source (Actual Dollars), Mr. Key advised that Education - Basic Aid
during the period grew only 3.1 per cent per year, and Education -
State Sales Tax declined -3.1 per cent for the period. Upon
424
question, Mr. Key explained that the formula which determines the
amount of sales tax to be received by the City Is based, in part,
on the average daily number of children in school, and during the
five year period, the City experienced a downward trend in terms of
the number of children in school which was a primary factor. He
pointed out that another contributing factor is that the Sales Tax
is a recession sensitive type tax which in the last two years has
had an impact. He advised that Welfare increased during the period
by almost 45 per cent, or 9.7 per cent per year, however, this
represents a good news -- bad news scenario - the good news is that
the revenue was received, and the bad news is that the City is
obligated to fund its local share of the cost. He noted that
Street Maintenance, which is State funding that the City receives
primarily to support all of its highway maintenance/street
maintenance efforts for fiscal year 1989-90 through the next two
years, was relatively flat in that the State froze the level of
funding; and the State reimburses in the range of approximately 90
per cent of City Jail operating costs, which account has increased
by 6.6 per cent per year. He added that Law Enforcement which
represents funds received from the State to support police
operations has experienced a downward spiral since fiscal year
1988, and this category is one of the local support revenues that
the State has cut in the last two years which has actually
decreased -6.1 per cent per year. He advised that Total-Grants-in-
Aid Commonwealth increased only 2.8 per cent per year during the
period, while inflation was at about 4.4 per cent. He called
attention to the fairly small amount of funds received from the
Federal Government in terms of direct aid, most of which was in the
category of Education; and Total - Intergovernmental Revenue went
up about 2.8 per cent per year.
Relative to page 34, Mr. Key pointed out that Law Enforcement
decreased; that the City Jail account increased, with the number of
inmates continuing to climb; that All Other has been flat; that
Street Maintenance has been flat for the last three years; that
Welfare has grown about 45 per cent, but so have expenditures; that
Education Sales Tax has declined during the period; and Education
Aid was experiencing an increase until fiscal year 1992 when it
shows a decline. In connection with percentage increases on page
35, he noted that Welfare went up 45 per cent, or almost 10 per
cent per year; that the City Jail grew 6.6 per cent per year; that
Education - Basic Aid shows a 3.1 per cent increase per year; that
Education - Sales Tax shows a -3.1 per cent decline; that Street
Maintenance shows an annual increase of 2.6 per cent although the
category has been flat for three years; and Law Enforcement
declined -6.1 per cent during the period.
In connection with page 36, Mr. Key advised that Education -
Basic Aid is down -1.3 per cent per year; that Education - Sales
Tax is down -7.2 per cent per year; that Welfare increased 5.1 per
cent; that Street Maintenance is down -1.7 per cent; that Law
425
Enforcement is down -10.0 per cent; and Total Grants-in-Aid
Commonwealth is down -1.6 per cent in constant dollars. He pointed
out that the only real revenues the City receives in direct aid
from the Federal Government is for Education which showed some
growth; and Intergovernmental Revenue is down 1.5 per cent during
the period. With regard to constant dollars (page 37), he advised
that Law Enforcement shows a steady dive; that the City Jail is
fairly flat; that All Other shows a decline; that Street
Maintenance shows a decline; that Welfare is the only account that
actually shows some growth during the period; and Education Aid was
up and down during the period. He reiterated that the only two
accounts that show constant dollar growth is Welfare and City Jail
while all others performed below inflation during the period (page
38).
The following is a summary of General Fund revenues:
Inflation rate during the period was 18.8 per
cent, or 4.4 per cent per year.
Total General Fund revenues increased $28
million, or 4.8 per cent per year, 0.4 per
cent above annual inflation.
General Property Taxes increased 7.2 per cent
per year, 2.7 per cent above annual inflation,
and accounted for 46 per cent of total dollar
revenue growth ($12.8 million).
Other Local Taxes increased 4.2 per cent per
year, 0.2 per cent below annual inflation, and
accounted for 21 per cent of total dollar
revenue growth ($5.8 million).
Other Local Revenues increased 2.2 per cent
per year, 2.1 per cent below annual inflation,
and accounted for 2.0 per cent of total dollar
revenue growth ($0.7 million).
Intergovernmental revenues increased 2.8 per
cent per year, 1.5 per cent below annual
inflation, and accounted for 21 per cent of
total dollar revenue growth ($5.8 million).
Special Purpose Grants increased 11.1 per cent
per year, 6.4 per cent above annual inflation,
and accounted for 10 per cent of total dollar
revenue growth ($2.9 million).
426
Intergovernmental revenue share of total
revenues declined 2.8 per cent and General
Property Taxes share of total revenues
increased 2.9 per cent - $4.6 million shift
from intergovernmental to General Property Tax
revenues was possible without raising tax
rates due to commercial/residential
construction, proration of Personal Property
Taxes and enhanced delinquent tax collections.
Total local tax revenues increased $18.6
million, or 5.9 per cent per year, 1.4 per
cent above annual inflation. Local taxes
accounted for 67 per cent of total dollar
revenue growth.
Real Estate Tax revenues increased 7.1 per
cent per year, 2.6 per cent above annual
inflation, and accounted for 44 per cent of
total dollar growth in local tax revenues
($8.2 million). Commercial/residential
construction ($3.0 million), increased
property valuation ($4.9 million) and enhanced
delinquent tax collections ($0.3 million) are
the primary factors in this positive growth.
Personal Property Tax revenues increased 7.7
per cent per year, 3.1 per cent above annual
inflation, and accounted for 20 per cent of
total dollar growth in local tax revenues
($3.7 million). Personal Property Tax
proration ($1.2 million) and growth in the
Personal Property Tax base ($2.4 million) were
primary factors in this positive growth.
Utility Consumer Tax revenues increased 7.2
per cent per year, 2.7 per cent above annual
inflation, and accounted for 12 per cent of
total dollar growth in local tax revenues
($2.2 million). Tax rate increase from 10 per
cent to 12 per cent in fiscal year 1989-90 to
fund the Roanoke River Flood Reduction Project
($1.5 million) was a primary factor in this
positive growth.
Prepared Food Tax revenues increased 6.9 per
cent per year, 2.4 per cent above annual
inflation, and accounted for 6.0 per cent of
total dollar growth in local tax revenues
($1.0 million). Growth rate is overstated due
to only 11 months of collections during fiscal
427
year 1987-88, the first year of the tax.
Subsequent year's collections have been steady
with no appreciable growth.
Business License Taxes revenues increased 3.7
per cent per year, 0.7 per cent below annual
inflation, and accounted for 5.0 per cent of
total dollar growth in local tax revenues
($1.0 million). This revenue source is
sensitive to economic changes, and therefore
growth has been negatively affected during the
recent economic recession.
Sales Tax revenues increased 1.0 per cent per
year, 3.3 per cent below annual inflation, and
accounted for 3.0 per cent of total dollar
growth in local tax revenues ($0.5 million).
This revenue source is also sensitive to
economic changes, and has not performed well
during the recent economic recession, actually
declining in fiscal year 1991-92.
Ail other local tax revenues increased 6.2 per
cent per year, 1.7 per cent above annual
inflation, and accounted for 10 per cent of
total dollar growth in local tax revenues
($2.0 million). Increases in the Cigarette
Tax rate ($.05 to $.10 per cigarette), cable
television franchise tax (4 per cent to 5 per
cent), increased public service corporation
property assessment by the State Corporation
Commission, and improved bank stock
performance (bank stock tax) contributed to
this positive growth.
General Property Taxes share of total local
tax revenues increased 2.9 per cent during the
period, the equivalent of $2.7 million in
today's dollars. This shift is typical during
a period of economic decline, as "economy
sensitive" revenues such as Business License
Taxes and Sales Tax decline in local revenue
share, and real property and Personal Property
Taxes increase in local revenue share and
importance as a local revenue source.
Intergovernmental revenues increased $5.8
million, or 2.8 per cent per year, 1.5 per
cent below annual inflation.
428
Welfare revenues increased 9.7 per cent per
year, 5.1 per cent above annual inflation, and
accounted for 50 per cent of total dollar
growth in intergovernmental revenues ($2.9
million). The number of disadvantaged
citizens requiring some type of financial
assistance continues to climb, and the
Commonwealth reimburses 50 per cent to almost
100 per cent of the cost of this mandated
assistance.
Basic aid for education increased 3.1 per cent
per year, 1.3 per cent below annual inflation,
and accounted for 43 per cent of total dollar
growth in intergovernmental revenues ($2.5
million). Growth in this revenue source has
been negatively affected by reductions in
average daily membership (13,500 in fiscal
year 1987-88 to 12,786 in fiscal year 1991-92)
and education funding cutbacks by the
Commonwealth during the economic recession.
City Jail revenues increased 6.6 per cent per
year, 2.1 per cent above annual inflation, and
accounted for 14 per cent of total dollar
growth in intergovernmental revenues ($0.8
million). The Commonwealth reimburses
approximately 90 per cent of the operating
cost of the Jail, and revenue growth has been
keeping pace with growth in the number of
inmates.
Street Maintenance revenues increased 2.6 per
cent per year, 1.7 per cent below annual
inflation, and accounted for 10 per cent of
total dollar growth in intergovernmental
revenues ($0.6 million). This revenue is
provided by the Commonwealth to support local
Street Maintenance efforts, and has been
level-funded since fiscal year 1989-90.
Law Enforcement revenues declined 6.1 per cent
per year, 10 per cent below annual inflation,
and accounted for a 9.0 per cent reduction in
total intergovernmental revenue dollars (-$0.5
million). Growth in this revenue is
determined by overall growth in the State's
general fund, and has been reduced accordingly
in each of the last two fiscal years. It is
provided to support the cost of 1Dcal police
operations.
429
Sales Tax for education declined 3.1 per cent
per year, 7.2 per cent below annual inflation,
and accounted for a 16 per cent reduction in
total intergovernmental revenue dollars (-$1.0
million). 1.0 per cent of the 4.5 per cent
State Sales Tax is shared by all localities
with school systems based upon ADM figures.
This revenue, like the 1.0 per cent local
option Sales Tax, has not performed well
during the economic recession. This Sales Tax
is also a factor in the State formula used to
allocate basic educational aid to localities -
it is interesting to note that Sales Tax has
declined 3.1 per cent per year during the same
period that basic aid has increased 3.1 per
cent per year.
All other intergovernmental revenues have
increased 2.2 per cent per year, 2.1 per cent
below annual inflation, and accounted for 9.0
per cent of total dollar growth in
intergovernmental revenues ($0.5 million).
Changes in the percentage share of the various
intergovernmental revenues reflect the
Commonwealth's revenue emphasis on Welfare and
corrections (Jail operations) during the past
two fiscal years.
The City Manager's Executive Summary pointed out the following
in connection with trends in intergovernmental revenues:
95 per cent of revenue growth in this category
was attributable to funds received from the
Commonwealth, with only 5.0 per cent coming
from the Federal Government.
Welfare revenues increased 9.7 per cent per
year, 5.1 per cent above annual inflation, and
accounted for 50 per cent of all
intergovernmental revenue growth. The number
of disadvantaged citizens requiring some type
of financial or human service assistance
continues to climb, and the Commonwealth
reimburses 50 per cent to almost 100 per cent,
in some cases, of this mandated assistance.
Basic aid for education increased 3.1 per cent
per year, 1.3 per cent below annual inflation,
and accounted for 43 per cent of all
intergovernmental revenue growth. Growth in
430
this revenue source has been negatively
affected by reductions in average daily
membership and education funding cutbacks by
the Commonwealth.
City Jail revenues increased 6.6 per cent per
year, 2.1 per cent above annual inflation, and
accounted for 14 per cent of all
intergovernmental revenue growth. The
Commonwealth reimburses approximately 90 per
cent of the operating cost of the Jail, and
revenues have been increasing due to
significant growth in the number of Jail
inmates.
Ail other intergovernmental revenues accounted
for a negative revenue growth of 7.0 per cent.
Included in this revenue group are Street
Maintenance revenues, Law Enforcement
revenues, Sales Tax for education, library
aid, and support for constitutional offices
and Juvenile group homes, most of which
declined or performed below inflationary
levels during the period.
Major areas of focus for the provision of
local aid by the Commonwealth during the
period were Welfare, education and corrections
(Jail operations). It should be noted,
however, that growth in basic aid for
education was negatively affected by
reductions in Sales Tax for education,
resulting in a net revenue growth for both
categories of only 1.4 per cent per year.
Mr. White inquired about the City's taxing authority with
regard to surface parking lots; whereupon, the City Manager advised
that the matter was referred to 1993-94 budget study, and called
attention to a staff report which will confirm that some of the
property that has been vacant and has not produced income under a
parking lot category would net an increase in revenue to the City
by razing the structure and paving the area for use as a parking
lot.
Mr. Musser inquired if the City collects a service charge from
all groups and/or organizations that are exempt from taxation
pursuant to State law; whereupon, the City Manager advised that
during the past year, the City adopted a policy that such groups or
organizations must agree to pay a 20 per cent service charge in
order for Council to adopt a measure in support of the tax exempt
request. He stated that for those organizations that do not
43].
require action by Council, which is the vast majority, virtually
none pay the service charge. The City Attorney advised that the
City first negotiated a service charge approximately 12 years ago
when Friendship Manor submitted a request for tax exempt status, at
which time a 10 per cent service charge was negotiated. Following
that request, he explained that the City has endeavored to
negotiate a service charge in return for Council's support of tax
exemption, and the service charge has now increased to 20 per cent.
He noted that in the case of all other tax exempt organizations in
the City that are not required to seek approval by Council for tax
exemption, such groups or organizations are not subject to the
service charge and there is no State authority to levy such charge.
Mr. Key focused on expenditures as opposed to revenue (page
49), advising that Public Safety during the five year period
increased $7.2 million, or 7.3 per cent per year (this category
includes about 45 per cent of all General Fund employees,
therefore, a large portion of the growth was in employee pay raises
during the period). He further advised that during the period,
certain program expansions took place in the Police Department such
as the Emergency Medical Services Program and increases in the cost
of operating the City Jail. He explained that Public Works has
increased $2.3 million, or 3.4 per cent per year, which is below
inflation at 4.4 per cent (this category includes about 25 per cent
of all General Fund employees) and other increases that will affect
the Public Works category are landfill fees which went up about
$500,000.00 during the time frame, as well as institution of
recycling programs. He noted that Health and Welfare expenses have
risen to 45.5 per cent during the period, or 9.8 per cent per year.
Mr. White inquired as to why Total Action Against Poverty is
listed as a separate category under the Health and Welfare section
of the budget while other Section 501(C)(3) organizations are not,
and Mr. Grisso explained that funds for TAP represent the subsidy
transferred to the TAP program and not total expenditures. The
City Manager advised that TAP lobbied Council some time ago to be
listed as a separate line item in the budget; whereupon, Mr. White
stated that there should be further discussion with regard to the
matter inasmuch as it is not logical for all other human service
agencies to request funding through the Citizens Services Committee
and meet certain guidelines if TAP is not required to follow the
same criteria.
In further explanation of page 49, Mr. Key advised that
approximately 13 per cent of the City's General Fund employees are
included in the Health and Welfare category of the budget, and some
of those funds were used for employee pay raises during the period.
In connection with General Government which includes administrative
offices, he explained that the category increased by about $1.3
million, or 4.2 per cent per year, with about 9.0 per cent of all
General Fund employees included in that category. He advised that
432
Parks, Recreation and Cultural increased $846,000.00, or about 6.5
per cent per year, and a large share of the increase, or
approximately $500,000.00, was used for contributions to cultural
organizations such as Center In The Square, Harrison Center,
Transportation Museum, and Convention Bureau, etc. With regard to
the Judicial category, he noted that the court system increased by
6.8 per cent per year, and a large share of the increase is
reimbursable by the State, however, the City does receive some
Intergovernmental revenues. He stated that Community Development
increased by a small amount due to certain minor accounting changes
during the period when parking garages were shifted out of the
General Fund into the Transportation Fund during the last year. He
advised that Total - Non-Education Uses went up almost $17 million,
or 6.2 per cent per year; that Education increased $12.1 million,
or 4.8 per cent, and a portion of the $12.1 million represents the
local cost increase, or 6.7 per cent. I{e stated that the Debt
Service Fund went up about $344,000.00, or 1.0 per cent per year,
during the period; and Total Expenditures and Transfers during the
period went up 5.4 per cent per year, or about 1.0 per cent above
inflation.
Mr. Key referred to the chart on page 50, which indicates that
44 per cent of all General Fund expenditures during the five year
period was for Education. He called attention to the growth in
Public Safety, advising of certain program enhancements during the
period in terms of police, Emergency Medical Services, increased
cost of operating the Jail, with approximately 45 per cent of all
General Fund employees included in that category. He stated that
Public Works was fairly flat with 25 per cent of all City
employees; that Health and Welfare increased 45 per cent during the
period; and 37 per cent of all General Fund expenditures occurred
in the areas of Public Safety, Public Works and Health and Welfare.
In connection with page 52, Mr. Key advised that Health and
Welfare grew approximately 45 per cent during the period as did
Intergovernmental revenues supporting Health and Welfare; that
Public Safety increased at 7.3 per cent annually, Judicial at 6.8
per cent, and Education at 4.8 per cent. In connection with page
53, he advised that Total Non-Education uses increased only 1.7 per
cent in terms of constant dollars; that Education has increased
only 0.4 per cent in addition to inflation; and Total Expenditures
and Transfers ran about 1.0 per cent. In connection with page 54,
he advised that Education expenses flattened out substantially, and
the only other categories showing constant dollar growth was in
Public Safety and Health and Welfare. With reference to page 56,
he stated that the only categories that showed constant dollar
growth were Health and Welfare, Public Safety, Judicial, Parks,
Recreation and Cultural, and Education. He referred to page 58,
advising that in fiscal year 1988, General Government represented
5.5 per cent of all expenditure~ and dropped in 1992 to about 5.3
per cent, Debt Service dropped from 6.2 per cent to 5.3 per cent,
433
Health and Welfare increased from 7.9 per cent in 1988 to 9.3 per
cent in 1992, Public Works dropped from 12.2 per cent to 11.4 per
cent, Public Safety increased from 16.9 per cent to 18.1 per cent,
and Education dropped in terms of percentage share of all
expenditures from 45.1 per cent to 44.0 per cent. He explained
that while the City's local cost share of Education has grown about
6.7 per cent per year, the Intergovernmental revenue portion of
Education funding has declined.
With regard to page 59, Change in Education Funding Sources
(Actual Dollars) Per Cent Change from Fiscal Year 1988 to Fiscal
Year 1992, Mr. Key advised that for fiscal year 1988, the
percentage of Educational funding that came from local sources was
41.0 per cent of the total, and in fiscal year 1992 the local share
has grown to 44.1 per cent, or a 3.1 per cent pickup in terms of
local share of Education funding. He pointed out that Special
Purpose Grants went from 8.8 per cent in 1988 to 10.6 per cent in
1992; that Federal Government revenues stayed about the same from
2.4 per cent to 2.6 per cent; and Commonwealth funding went from 45
per cent in 1988 down to less than 40 per cent in 1992. He stated
that local revenue sources picked up about $2.1 million of the $3.7
million tab, and the remainder was picked up by Charges for
Service, Special Purpose Grants and a small amount of Federal
Government revenue.
The following is a summary of General Fund expenditures and
transfers in major performance categories for fiscal year 1988 to
1992:
Inflation rate during the period was 18.8 per
cent, or 4.4 per cent per year.
Total General Fund expenditures increased
$30.9 million, or 5.4 per cent per year, 1.0
per cent, above annual inflation.
Education expenditures increased 4.8 per cent
per year, 0.4 per cent above annual inflation,
and accounted for 40 per cent of total dollar
expenditure growth ($12.2 million). The local
cost of operating Roanoke City Schools
increased 6.7 per cent per year, for a total
dollar increase of $7.2 million. Almost 60
per cent of the dollar expenditure growth for
education during the period was funded from
local revenue sources.
Public Safety expenditures increased 7.3 per
cent per year, 2.7 per cent above annual
inflation, and accounted for 23 per cent of
total dollar expenditure growth ($7.2
434
million). This funding increase provided for
employee pay raises (45 per cent of General
Fund employees) and service level enhancements
in Police and Emergency Medical Services.
Additional funding was also programmed in the
City Jail to support the increasing inmate
population (90 per cent of which was
reimbursable by the Commonwealth).
Health and Welfare expenditures increased 9.8
per cent per year, 5.2 per cent above annual
inflation, and accounted for 15 per cent of
total dollar expenditure growth ($4.7
million). This funding provided for employee
pay raises (13 per cent of General Fund
employees) and the increasing level of need in
programs provided by the Health Department,
Social Services, Nursing Home and other human
service agencies. Most of these human service
programs are mandated by Federal and State law
and costs are reimbursable in the range of 40
to almost 100 per cent.
Public Works expenditures increased 3.4 per
cent per year, 0.9 per cent below annual
inflation, and accounted for 8.0 per cent of
total dollar expenditure growth ($2.3
million). This funding provided for employee
pay raises (25 per cent of General Fund
employees) and for the increased costs in
Solid Waste Management of landfill fees and
recycling (0.6 million). Minimal additional
funding was provided for all of the other
maintenance-oriented programs in this
category, and adequate maintenance of
infrastructure continues to be a concern.
General Government expenditures increased 4.2
per cent per year, 0.2 per cent below annual
inflation, and accounted for 4.0 per cent of
total dollar expenditure growth ($1.3
million). This funding primarily provided for
employee pay raises (9.0 per cent of General
Fund employees) for staff of Council-appointed
Officers, Constitutional Officers and other
administrative offices.
Parks, Recreation and Cultural expenditures
increased 6.5 per cent per year, 2.0 per cent
above annual inflation, and accounted for 3.0
per cent of total dollar expenditures growth
435
($0.8 million). Most of the additional
funding was allocated to various cultural
organizations ($0.5 million) with the balance
being allocated to the Libraries ($0.3
million).
Judicial expenditures increased 6.8 per cent
per year, 2.3 per cent above annual inflation,
and accounted for 3.0 per cent of total dollar
expenditure growth ($0.8 million). This
funding was provided primarily for pay raises
for employees of the Sheriff, Clerk of Circuit
Court and Commonwealth's Attorney. Many of
the expenses in this category are reimbursable
by the Commonwealth in the range of 50 to 90
per cent.
Debt Service expenditures increased 1.0 per
cent per year, 3.3 per cent below annual
inflation, and accounted for 1.0 per cent of
total dollar expenditure growth ($0.3
million). This additional funding was needed
to fully fund debt service expense, however,
the ratio of debt service expenditures to
total General Fund expenditures continues to
be low (5.3 per cent in fiscal year 1991-92,
down from 6.2 per cent in fiscal year 1987-
88). Debt Service expenditures remained low
during the period despite the issuance of
$25.25 million in new debt.
Community Development expenditures increased
0.2 per cent per year, 4.0 per cent below
annual inflation, and accounted for less than
1.0 per cent of total dollar expenditure
growth ($8,236.00). This growth rate is
understated due to the reallocation of funding
for the Regional Partnership and Municipal
Parking Garage to another expenditure category
during the period. Adjusting for this change,
the percentage growth rate was 4.7 per cent
per year to support the offices of Community
Planning, Economic Development and Grants
Compliance primarily.
Changes in the percentage share of
expenditures reflect the following:
cutbacks in State funding for education
(education's share declined 1.1 per cent);
program enhancements in Emergency Medical
Services and Police and an increasing Jail
436
inmate population (Public Safety's share
increased 1.2 per cent); increased funding
required for mandated human service programs
(Health and Welfare's share increased 1.4 per
cent); and smaller expenditure increases in
all other categories primarily to fund
employee pay raises, resulting in a 1.5 per
cent decline.
The City Manager's Executive Summary pointed out the following
in connection with General Fund expenditures:
Total expenditures increased 5.4 per cent per
year, 1.0 per cent above annual inflation.
Education expenditures increased 4.8 per cent
per year, 0.4 per cent above annual inflation,
with 40 per cent of all new spending going to
education. The local cost of education
increased 6.7 per cent per year, with 60 per
cent of the expenditure increase in education
being funded from local revenue sources.
Public Safety expenditures increased 7.3 per
cent per year, 2.7 per cent above annual
inflation, and accounted for 23 per cent of
all new spending. This funding increase
provided for employee pay/fringe benefit
increases (45 per cent of General Fund
employees), service level enhancements in
Police and Emergency Medical Services, and for
the increasing cost of operating the City
Jail.
Health and Welfare expenditures increased 9.8
per cent per year, 5.2 per cent above annual
inflation, and accounted for 15 per cent of
all new spending. This funding increase also
provided for employee pay/fringe benefit
increases (13 per cent of General Fund
employees), and the increased cost of
financial and human service assistance
programs for disadvantaged citizens. Most of
the expenditures in this category are mandated
by Federal and State law, and reimbursable in
the range of 40 per cent to almost 100 per
cent.
437
Public Works expenditures increased 3.4 per
cent per year, 0.9 per cent below annual
inflation, and accounted for 8.0 per cent of
all new spending. This funding increase also
provided for employee pay/fringe benefit
increases (25 per cent of General Fund
employees), and for the increased cost of
landfill fees and the recycling program in
Solid Waste Management.
General Government expenditures increased 4.2
per cent per year, 0.2 per cent below annual
inflatIon, and accounted for only 4.0 per cent
of all new spending. This funding increase
provided primarily for employee pay/fringe
benefit increases (9.0 per cent of General
Fund employees).
All other expenditures accounted for only 10
per cent of new spending, primarily for the
cost of employee pay/fringe benefit increases
for the remaining 8.0 per cent of General Fund
employees.
At 12:00 noon, the Mayor declared the meeting in recess.
At 1:05 p.m., the special meeting reconvened in the Airport
Conference Room with Mayor Bowers presiding, and all Members of the
Council in attendance (Mr. Harvey returned to the meeting during
the lunch break).
Mr. Key advised that during the last portion of the meeting,
he would focus on the City's financial performance for the last
five fiscal years, compared to other local governments around the
State and region. He explained that the following five specific
comparisons would be reviewed:
(1) How has the City done in terms of major
revenue sources?
(2) How did the City do tn terms of local
revenues?
(3) Revlew calculation of a typical local tax
bill.
(4) Review expenditures by major category.
(5) Review the fiscal stress calculation.
438
Mr. Key reviewed page 67, Comparison of Major Revenue Sources
for Virginia Localities Fiscal Years 1988 - 1991, advising that
fiscal year 1990-91 provides the most recent comparative
information available. He stated that Roanoke City's Local Revenue
per capita was $801.00 in fiscal year 1988 and $1,031.00 in fiscal
year 1991, and the City has been fairly steady in terms of the
percentage of revenues from local sources at about 60 per cent. He
pointed out that Roanoke has averaged approximately 32 per cent of
revenues from the Commonwealth, or an increase from $434.00 in
1987-88 to $543.00 per capita in 1990-91; that from the Federal
Government, Roanoke went from $97.00 in fiscal year 1988 to $137.00
per capita in fiscal year 1991; and Total Revenues increased from
about $1,333.00 per capita to $1,712.00. Me compared the figures
to Roanoke County, the City of Salem and the Average Major Urban
Cities in Virginia, advising that in terms of Local Revenue,
Roanoke City's per capita figure of $1,031.00 is a little above the
average of other urban cities at $1,016.00, higher than Roanoke
County at $802.00 and higher than the City of Salem at $978.00. He
stated that the percentage of revenues that the City receives from
local sources, 60.2 percent, is fairly comparable to the average of
other urban cities. He called attention to a ranking of all 13
localities on page 67, and in terms of local revenues per capita,
Roanoke City ranks third on the list, with Alexandria ranking No. 1
at $1,958.00, and Richmond ranking No.2 at $1,400.00. He stated
that in terms of the Commonwealth, Roanoke is very comparable to
other urban cities at $543.00 per capita compared to about $540.00
for other cities, however, Roanoke City is higher than Roanoke
County and the City of Salem, and Roanoke City ranks No. 6 which is
about average. In terms of Federal Government revenues, he pointed
that for fiscal year 1990-91, Roanoke City was at $137.00 per
capita compared to Roanoke County and Salem which are much lower,
and in overall rank, Roanoke City is about third in the localities
listed in connection with total revenue for fiscal year 1990-91,
with Roanoke City at $1,712.00 per capita, Roanoke County at
$1,318.00, Salem at $1,487.00, and the Average of Other Major Urban
Cities is $1,675.00.
In connection with Local Revenue (page 68), Mr. Key advised
that in terms of the Commonwealth, Roanoke is on line with other
urban cities; and insofar as Federal revenue, the City is in the
ballpark in terms of how other cities perform.
The City Manager's Executive Summary pointed out the
following:
439
Comparison of revenue performance in major
categories is possible through the use of
financial data included in the "Comparative
Report of Local Government Revenues and
Expenditures" produced by the Auditor of
Public Accounts (Commonwealth of Virginia) for
fiscal year 1990-91.
Local revenue per capita for Roanoke
($1,031.00) is higher than the average of
other urban Virginia cities ($1,016.00),
Roanoke County ($802.00) and Salem ($978.00),
due in great part to the regional nature of
Roanoke's economy.
Intergovernmental (Federal and State) revenue
per capita for Roanoke ($680.00) is higher
than the average of other urban Virginia
cities ($658.00), Roanoke County ($516.00) and
Salem ($509.00), due primarily to the
relatively higher level of Federal grants and
Federal "pass-through" funds received by
Roanoke based on need.
Total revenue per capita for Roanoke
($1,712.00) is higher than the average of
other urban Virginia cities ($1,675.00),
Roanoke County ($1,318.00) and Salem
($1,487.00).
Mr. Key advised that page 71 provides a break down of local
revenues into six major categories: Real Property Tax, Personal
Property Tax, Local Option Sales Tax, Consumer Utility Tax and
Other Local Taxes which include the Prepared Food Tax, Cigarette
Tax, Transient Room Tax, Admissions Tax and other local revenues.
In terms of the percentage of local revenues from the Real Property
Tax, he explained that Roanoke City was at $340.00 per capita
during fiscal year 1991, as compared to $390.00 for Roanoke
County, $347.00 for the City of Salem and the average of all other
Major Urban Cities was $430.00 per capita. He added that Roanoke
City is at 33 per cent compared to 48 per cent in Roanoke County,
35 per cent in Salem and an average of 42 per cent of the other ten
cities listed. In connection with overall rank, he stated that
Roanoke City is 9th out of 13 localities, with all cities in the
State having an average of $415.00 per capita and $474.00 for
counties; and in terms of overall rank, the only city on the list
with a higher per capita rate in Sales Tax figures is the City of
Salem. In connection with the Consumer Utility Tax, he stated that
Roanoke City is at $95.00 per capita, Roanoke County at $18.00 per
capita, Salem at $41.00 per capita, and the average of other Major
Urban Cities is $72.00 per capita. With regard to the City's
440
commercial and residential tax base, he stated that there is about
a 60/40 split, with 60 per cent of the tax base coming from
business and industry which are ordinarily higher users of the
Consumer Utility Tax. He pointed out that there is considerable
difference in tax rates among the localities listed. In connection
with Other Local Taxes, which are taxes that depend upon the
regional economy, such as the Prepared Food Tax, Transient Lodging
Tax, and Admissions Tax, he advised that the City is at $232.00 per
capita in comparison with Roanoke County at $121.00, Salem at
$181.00, and the average of other Major Urban Cities at $194.00.
With regard to Other Local Revenues, he stated that Roanoke is
comparable at $119.00 per capita to other Major Urban Cities, and
in terms of Total Local Revenues, Roanoke is at $1,031.00 compared
to $802.00 in Roanoke County, $978.00 in Salem and $1,016.00 in
other Major Urban Cities.
The following is a summary comparison of financial performance
of local revenue sources of Virginia localities for fiscal year
1990-91:
Percentage of local revenues from Real
Property Tax for Roanoke (33 per cent) is less
than the average of urban Virginia cities
(42.3 per cent), Roanoke County (48.7 per
cent) and Salem (35.5 per cent).
Real Property Tax per capita for Roanoke
($340.00) is less than the average of other
urban Virginia cities ($430.00), Roanoke
County ($390.00) and Salem ($347.00).
Percentage of local revenues from Personal
Property Tax for Roanoke (11.3 per cent) is
less than the average of other urban Virginia
cities (11.9 per cent), Roanoke County (18.1
per cent) and Salem (15.2 per cent).
Personal Property Tax per capita for Roanoke
($116.00) is less than the average of other
urban Virginia cities ($121.00), Roanoke
County ($145.00) and Salem ($148.00).
Percentage of local revenues from local option
Sales Tax for Roanoke (12.4 per cent) is
higher than the average of other urban
Virginia cities (7.6 per cent) and Roanoke
County (6.9 per cent).
441
Local Option Sales Tax per capita for Roanoke
($127.00) is higher than the average of other
urban Virginia cities ($77.00) and Roanoke
County ($55.00), indicative of the regional
nature of Roanoke's economy.
Percentage of local revenues from Consumer
Utility Tax for Roanoke (9.2 per cent) is
higher than the average of other urban
Virginia cities (7.1 per cent), Roanoke County
(2.3 per cent) and Salem (4.2 per cent).
Consumer Utility Tax per capita for Roanoke
($95.00) is higher than the average of other
urban Virginia cities ($72.00), Roanoke County
($18.00) and Salem ($41.00).
Percentage of local revenues from Other Local
Taxes for Roanoke (22.5 per cent) is higher
than the average of other urban Virginia
cities (19.1 per cent), Roanoke County (15.2
per cent) and Salem (18.6 per cent).
Other Local Taxes per capita for Roanoke
($232.00) is higher than the average of other
urban Virginia cities ($194.00), Roanoke
County ($121.00) and Salem ($181.00). Many of
the taxes in this category are paid by Roanoke
residents and non-residents, again indicative
of Roanoke's regional economy.
Percentage of local revenues from all other
sources for Roanoke (11.6 per cent) is less
than the average of other urban Virginia
cities (11.9 per cent) and Salem (12.2 per
cent).
Revenues from all other local sources per
capita for Roanoke ($119.00) is comparable to
the average of other urban Virginia cities
($120.00) and Salem ($119.00).
Total local revenues per capita for Roanoke
($1,031.00) are higher than the average of
other urban Virginia cities ($1,016.00),
Roanoke County ($802.00) and Salem ($978.00).
Property taxes paid by residents are less in
Roanoke, with the local option Sales Tax and
Other Local Taxes that draw from Roanoke's
regional economy and non-residents more than
making up the difference.
442
The City Manager's Executive Summary pointed out the following
in connection with local revenue sources:
Comparison of local revenue performance is
also possible through the use of financial
data included in the "Comparative Report of
Local Government Revenues and Expenditures"
produced by the Auditor of Public Accounts
(Commonwealth of Virginia) for fiscal year
1990-91.
Real Property Tax per capita for Roanoke
($340.00) is less than the average of other
urban Virginia cities ($430.00), Roanoke
County ($390.00) and Salem ($347.00). Nominal
tax rates vary among the localities from $.77
to $1.45 per $100.00, with Roanoke's rate
being $1.25. Assessment/sales ratios also
vary.
Personal Property Tax per capita for Roanoke
($116.00) is less than the average of other
urban Virginia cities ($121.00), Roanoke
County ($145.00) and Salem ($148.00). Nominal
tax rates vary among the localities from $3.00
to $4.75 per $100.00, with Roanoke's rate
being $3.45. Assessment methodologies also
vary.
Local option Sales Tax per capita for Roanoke
($127.00) is higher than the average of other
urban Virginia cities ($77.00) and Roanoke
County ($55.00), which is indicative of the
regional nature of Roanoke economy. Salem's
per capita figure ($139.00), however is
higher. The tax rate is common for all
localities at 1.0 per cent.
Consumer Utility Tax per capita for Roanoke
($95.00) is higher than the average of other
urban Virginia cities ($72.00), Roanoke County
($18.00) and Salem ($41.00). Tax rates vary
among the localities from 5.0 per cent to 25
per cent, depending on the type of utility.
While it is difficult to determine the exact
reasons for Roanoke's higher per capita figure
due to differences in utility rates and tax
rates/tax ceilings among localities, it can be
partially attributed to Roanoke's relatively
high proportion of commercial and industrial
utility users.
443
Other Local Taxes per capita for Roanoke
($232.00) is higher than the average of other
urban Virginia cities ($194.00), Roanoke
County ($121.00) and Salem ($181.00). Many of
the taxes in this category are paid by
residents and non-residents alike, such as the
Prepared Food and Beverage Tax. The higher
per capita figure in Roanoke is again
indicative of the regional nature of Roanoke's
economy. The tax rates for taxes in this
category also vary widely among localities
across the Commonwealth.
Total local revenues per capita for Roanoke
($1,031.00) ar,~ higher than the average of
other urban Virginia cities ($1,016.00),
Roanoke County ($802.00) and Salem ($978.00).
While real and Personal Property Taxes per
capita are relatively lower in Roanoke, Other
Local Taxes that draw from Roanoke's regional
economy and are paid by residents and non-
residents alike more than make up the
difference.
Mr. Key reviewed the following in connection with typical tax
bills for Virginia localities - 1992:
Purpose of the calculation of typical tax
bills is to allow comparisons of actual tax
bills among localities based on local tax
bases. Effective tax rates of each locality
are applied to the appropriate average tax
base value of the locality in calculating each
locality's tax bill. For example, Roanoke's
effective Real Estate Tax rate of $1.15 was
applied to the average residence value in
Roanoke of $60,588.00 to calculate the Real
Estate Tax bill of $696.76.
Differences across localities in the cost,
quantity or quality of public services is not
taken into account in this calculation.
Calculated tax bills include only local taxes
pertaining to one's place of residence, i.e.
Real Property Tax, Personal Property Tax,
motor vehicle license tax, utility consumer's
tax and Egll tax.
444
Roanoke City ranks 36th of 136 localities,
with a rank of one representing the highest
tax bill.
Roanoke City ranks 20th of 41 cities, with a
rank of one representing the highest tax bill.
Roanoke City's tax bill ($921.00) is $365.00,
or 28 per cent, lower than the average of ten
other Major Urban Cities in Virginia
($1,286.00).
Roanoke City's tax bill ($921.00) is lower
than Roanoke County ($1,207.00) and Salem
(,924.00).
In terms of Annual Real Property Tax (page 77), Mr. Key
advised that Roanoke City is at $696.00, Roanoke County at $930.00,
Salem at $752.00, and the average of other Major Urban Cities at
$1,013.00, with Roanoke ranking 10th. In connection with Annual
Personal Property Tax, he commented that Roanoke is at $116.00,
Roanoke County at $162.00, Salem at $117.00, and other Major Urban
Cities at $145.00, with Roanoke also ranking 10th; and in
connection with Annual All Other Taxes, Roanoke is at $107.00,
Roanoke County at $114.00, Salem at $55.00 and other Major Urban
Cities at $127.00. He stated that a total tax bill for Roanoke
City is $921.00, $1,207.00 for Roanoke County, $924.00 for Salem,
and other Major Urban Cities average $1,286.00, and Roanoke again
ranked 10th out of the group. Out of all of the cities listed, he
explained that Roanoke ranked 20th, and out of all localities in
the State, Roanoke ranked 36th.
With regard to a comparison of how Roanoke ranks as to
expenditures, Mr. Key referred to page 82, advising that in terms
of Per Capita Expenditures from an Education standpoint, Roanoke
does not show well, the reason being that Roanoke's percentage of
population of school age children is much less than most of the
other localities used in the comparison. In terms of Public
Safety, he advised that Roanoke is comparable to other Major Urban
Cities; in Health and Welfare, Roanoke is higher; in Public Works,
Roanoke is somewhat higher than other Major Urban Cities; and in
Other Expenditures, Roanoke is comparable.
Relative to total revenues and total expenditures for school
systems throughout the State (page 83), Mr. Key advised that
Roanoke City's Total Revenues per pupil is $5,995.00, compared to
Roanoke County at $5,242.00, Salem at $5,914.00, and other Major
Urban Cities at $5,588.00. In terms of those 13 localities used in
the comparison, he pointed out that Total Expenditures per pupil in
Roanoke City were higher than in Roanoke County, Salem and the
average of all other Major Urban Cities; and in terms of Local
445
Funds, Roanoke is at $2,695.00 compared to $2,409.00 in Roanoke
County, Salem at $2,687.00 and other Major Urban Cities at
$2,469.00, with Roanoke ranking third behind Alexandria and
Richmond.
The following is a summary of comparison of financial
performance major expenditures by Virginia localities - fiscal year
1990-91:
Percentage of total expenditures for education
in Roanoke (43.5 per cent) ks less than the
average of other urban Virginia cities (45.1
per cent), Roanoke County (62 per cent) and
Salem (45.5 per cent).
Education expenditures per capita in Roanoke
($728.00) are less than the average of other
urban Virginia cities ($779.00) and Roanoke
County ($830.00).
Education expenditures per pupil in Roanoke
($5,995.00) are higher than the average of
other urban Virginia cities ($5,612.00),
Roanoke County ($5,246.00) and Salem
($5,350.00).
Percentage of total expenditures for public
safety in Roanoke (16 per cent) is higher than
the average of other urban Virginia cities
(15.5 per cent), Roanoke County (9.4 per cent)
and Salem (14.9 per cent).
Public safety expenditures per capita in
Roanoke ($268.00) is comparable to the average
of other urban Virginia cities ($267.00), and
higher than Roanoke County ($125.00) and Salem
($230.00).
Percentage of total expenditures for health
and Welfare in Roanoke (11.7 per cent) is
higher than the average of other urban
Virginia cities (9.4 per cent), Roanoke County
(4.5 per cent) and Salem (4.2 per cent).
Health and Welfare expenditures per capita in
Roanoke ($196.00) are higher than the average
of other urban Virginia cities ($161.00),
Roanoke County ($60.00) and Salem ($64.00).
446
Percentage of total expenditures for public
works in Roanoke (10.7 per cent) is higher
than the average of other urban Virginia
cities (8.7 per cent) and Roanoke County (6.8
per cent).
Public works expenditures per capita in
Roanoke ($179.00) are higher than the average
of other urban Virginia cities ($150.00),
Roanoke County ($90.00) and Salem ($176.00).
Percentage of total expenditures for all other
operating expenditures in Roanoke (10.2 per
cent) is less than the average of other urban
Virginia cities (11.3 per cent) and Salem
(13.9 per cent).
All other operating expenditures per capita in
Roanoke ($169.00) is less than the average of
other urban Virginia cities ($195.00) and
Salem ($214.00).
Total expenditures and transfers per capita in
Roanoke ($1,675.00) are less than the average
of other urban Virginia cities ($1,727.00),
and higher than Roanoke County ($1,338.00) and
Salem ($1,547.00). The expenditure categories
in which Roanoke is substantially higher than
Roanoke County and Salem are public safety and
health and Welfare.
The following is the City Manager's Executive Summary of
typical local tax bills and major expenditures:
Comparisons of actual local tax bills among
localities is possible wlth data developed by
the Center for Public Service - University of
Virginia for 1992. Taxes included in the
calculation are those pertaining only to a
citizen's place of residence (Real Property
Tax, Personal Property Tax, motor vehicle
license tax, consumer's utility tax and Egll
tax), and are calculated per residence.
Roanoke ranks 36th of 136 localities in the
total local tax bill amount, with a rank of
one representing the highest tax bill, and
20th of 41 cities.
447
Roanoke's tax bill is $365.00, 28 per cent,
lower than the average of 10 other urban
Virginia cities. Only Danville, Lynchburg and
Virginia Beach have lower tax bills.
Roanoke's tax bill ($921.00) Is lower than
Roanoke County ($1,207.00) and Salem
($924.00).
Comparison of local expenditures is also
possible through the use of financial data
included in tho "Comparative Report of Local
Government Revenues and Expenditures" produced
by the Auditor of Public Accounts
(Commonwealth of Virginia) for fiscal year
1990-91, and in the "Superintendent's Annual
Report for Virginia - 1990-91" produced by the
Virginia Department of Education.
Education expenditures per capita for Roanoke
($728.00) are less than the average of the
urban Virginia cities ($779.00) and Roanoke
County ($830.00). However, Roanoke has less
students per capita than these other local
governments, which makes a per capita
expenditure comparison somewhat meaningless.
Education expenditures per pupil for Roanoke
($5,995.00) are higher than the average of
other urban Virginia cities ($5,612.00),
Roanoke County ($5,246.00) and Salem
($5,350.00).
Public safety expenditures per capita for
Roanoke ($268.00) are comparable to the
average of other urban Virginia cities
($267.00), and higher than Roanoke County
($125.00) and Salem ($230.00).
Health and Welfare expenditures per capita for
Roanoke ($196.00) are higher than the average
of other urban Virginia cities ($161.00),
Roanoke County ($60.00) and Salem ($64.00), an
indicator of a relatively higher number of
citizens in Roanoke requiring financial and
human service assistance.
Public works expenditures per capita for
Roanoke ($179.00) are higher than the average
of other urban Virginia cities ($150.00),
Roanoke County ($90.00) and Salem ($176.00),
448
due primarily to a higher
expenditures in Roanoke for
management and building
maintenance.
per capita
solid waste
and grounds
All other operating expenditures per capita
for-Roanoke ($169.00) are less than the
average of other urban Virginia cities
($195.00) and Salem ($214.00).
Total expenditures and transfers per capita
for Roanoke ($1,675.00) are less than the
average of other urban Virginia cities
($1,727.00), and higher than Roanoke County
($1,338.00) and Salem ($1,547.00). The
primary categories in which Roanoke has higher
per capita expenditures than Roanoke County
and Salem are public safety and health and
Welfare.
In connection with fiscal stress, Mr. Key advised that:
composite fiscal stress index is developed using
three primary indicators of a locality's fiscal
condition:
revenue capacity
revenue effort
median adjusted gross income.
The index is not an absolute indicator of financial
hardship at the local level, but it does indicate
the standing of an individual Jurisdiction in
relation to every other Virginia locality.
Revenue capacity is defined as the per capita
collections which a locality would realize from the
following local taxes if the Statewide average
extraction rate for each tax were applied to the
base of the locality:
Real Property Tax
Public Service Corporation Tax
Personal Property Tax
Motor Vehicle License Tax
Local Option Sales Tax
Ail Other Local Taxes
Revenue effort is defined as the degree to which a
locality actually utilizes its revenue-generating
potential, and is calculated by dividing total
449
actual revenues from the local taxes listed above
by the total revenue capacity of the same taxes.
Median adjusted gross income is measured for all
residents - individuals and married couples -
filing State tax returns.
Index scores are assigned to each of the three
indicators for each locality and then added
together to produce the composite fiscal stress
index. Statewide rankings are then assigned based
on the individual indicator scores and the
composite fiscal stress index score.
Roanoke ranks 69th of 136 localities in revenue
capacity, with a rank of one representing the
lowest capacity. Roanoke's revenue capacity per
capita ($744.00) is lower than the average of other
urban cities ($762.00), Roanoke County ($804.00)
and Salem ($832.00).
Roanoke ranks 12th of 136 localities in revenue
effort, with a rank of one representing the highest
effort. Roanoke's revenue effort (1.2648) is
higher than the average of other urban cities
(1.2574), Roanoke County (0.9319) and Salem
(1.2613).
Roanoke ranks 25th of 136 localities in median
adjusted gross income, with a rank of one
representing the lowest income. Roanoke's median
income ($15,587.00) is lower than the average of
other urban cities ($18,521.00), Roanoke County
($23,365.00) and Salem ($19,305.00).
Roanoke ranks 10th of 136 localities in the
composite fiscal stress index, and is
classified as having high fiscal stress. The
average classification for other urban cities
was "above average", Roanoke County was
classified "below average" and Salem was
classified "above average").
The City Manager's Executive
following:
Summary pointed out the
Comparison of fiscal stress among local
governments is possible through the use of
data included in a "Report on the Comparative
Revenue Capacity, Revenue Effort, and Fiscal
450
Stress of Virginia's Counties and Cities -
1989/90" produced by the Commission on Local
Government (Commonwealth of Virginia).
Roanoke is classified as having "high" fiscal
stress, based on evaluations of revenue
capacity, revenue effort and median adjusted
gross income for all local governments in the
Commonwealth for fiscal year 1989-90.
Roanoke is ranked 10th of 136 localities in
the composite fiscal stress index, with a rank
of one representing the highest level of
fiscal stress. This is based on Roanoke's
average revenue capacity, above average
revenue effort and below average median
adjusted gross income.
Roanoke is ranked 69th of 136 localities in
revenue capacity, with a rank of one
representing the lowest revenue capacity.
Roanoke is ranked 12th of 136 localities in
revenue effort, with a rank of one
representing the highest revenue effort.
Roanoke is ranked 25th of 136 localities in
median adjusted gross income, with a rank of
one representing the lowest income.
Roanoke County is classified as having "below
average" fiscal stress and Salem is classified
as having "above average" fiscal stress. Most
other urban cities in Virginia, with the
exception of Alexandria, are classified as
having "above average" to "high" fiscal
stress.
The Acting Director of Finance presented copy of the Fee
Compendium dated January, 1993, for Council's information.
(For full text, see Fee Compendium on file in the City Clerk's
Office.)
The Acting Director of Finance reviewed page 96 in connection
withGeneral Property Taxes by Major Source which accounts for one-
third of the City's General Fund revenue, as well as page 98, Other
Local Taxes by Major Source, and page 100, Other Revenues by Major
Source, Comparison of Adopted Estimated to Projected Collections
Fiscal year 1992-93.
451
Upon question, Mr. Grisso advised that General Property Taxes
represent 33.5 per cent of the total General Fund revenue estimate
(consisting of current Real Estate Tax, Delinquent Real Estate Tax,
Downtown District Tax - Current, Downtown District Tax -
Delinquent, Current Year Personal Property, Tax Judgments,
Delinquent Personal Property Tax, Public Service Corporations,
Downtown District Public Service, Penalties and Interest). He
added that Other Local Taxes represent 25 per cent of the total
General Fund revenue estimate (one per cent Sales Tax, Utility
Consumer Tax, Cigarette Tax, Recordation and Probate Tax, Business
and Occupational License Tax, Transient Room Tax, Admissions Tax,
Telephone Surcharge Tax, Motor Vehicle License, Franchise Taxes,
Prepared Food and Beverage Tax, Permits, Fees and Licenses, Fines
and Forfeitures, Revenue from Use of Money and Property). He noted
that Intergovernmental represents 15.9 per cent of the total
General Fund revenue estimate; and Education represents 21.8 per
cent.
With regard to a comparative analysis of fiscal year 1992 and
1993 General Fund expenditures and encumbrances for the period
July i through December 31, Mr. Grisso advised that:
The expenditure side of the General Fund is basically on
target for mid year. Overall, 50.81 per cent of the
budget is obligated. In comparison to last year, most
categories reflect a small increase primarily related to
wage adjustments effective July 1.
Public Works category shows an increase due to
an increased expenditure of approximately
$288,000.00 on a year-to-date basis for street
paving.
Parks, Recreation and Cultural category
reflects an increased expenditure of
$225,000.00 for contributions to the
Convention Bureau.
Debt Service expenditure is less than last
year due to the net reduction of interest and
principal payments related to refunding of
1985 General Obligation Bonds. The majority
of our debt service principal pa}~ents are due
during the first six months of the fiscal
year, which accounts for the 75.63 per cent
expenditure in the category.
Non-departmental category operating subsidies
to other funds, such as the Civic Center and
Nursing Home, were transferred in the first
half of fiscal year 1993 to provide adequate
452
cash flow for operations. In previous years
these subsidies were transferred in the last
half of the fiscal year.
General Fund expenditures will be monitored on a monthly
basis as we proceed through fiscal year 1993.
The City Manager explained the following preliminary review
and expenditure projections for fiscal year 1993-94, as well as a
fact sheet prepared by the School administration in connection with
School budget considerations for fiscal year 1994 through 1999=
~reliminar¥ Revenue Estimates
FY1992-93
FY1993-94
Increase % Increase
Total General
Fund Revenues $159,407,933
$162,530,145
$3,122,212 1.96%
City Adminis-
tration Share
91,607,778 93,218,933 1,611,155 1.76%
City Schools
Share 67,800,155 69,311,212 1,511,057 2.23%
Preliminary Expenditure Estimates
City Administration=
City Administration Share of Total
General Fund Revenues
Less=
Pay Plan Adjustments
Increased Cost of 1% Merit Increase
(with fringe benefits)
Increased Cost of Current Hospitalization
Insurance Contract for FY 1993-94
Increased Cost of New Hospitalization
Insurance Contract for FY 1993-94 (+25%)
Additional Cost of Landfill Dumping Fees
($51 per ton effective 10/1/93)
Increased Cost of Foster Care (Local Share)
Workers Compensation
Balance Remaining - City Administration
$1,611,155
?
(500,000)
(432,000)
(478,000)
(1,085,000)
(250,000)
(50,000)
($1,~83.,845)
453
il
School Administration:
School Administration Share of Total
General Fund Revenues
$1,511,057
Less:
Increased Cost of Maintaining Services
($450,000 to $975,000)
Increase Cost of 1% Merit Increase
(with fringe benefits)
Educational Incentives
(975,000)
(500,000)
(400,000)
Balance Remaining - School Administration
¢$363,943),
Balance Remaining - General Fund
*.($1,547,788)
*Balance shown funds no adjustments to current pay plan for City
Administration and only a 1% pay raise.
School Revenue - the average annual increase in total
revenue for the past five year period has been $2.8
million annually. It is anticipated that total School
revenue will grow at an annual average rate of 3.5 per
cent to 4.5 per cent for the next five years, an increase
of $2.4 million to $3.2 million per year.
State Revenue - during the past five years State revenue
rose by an average of $1.1 million annually, or about 3.5
per cent. The increase was largely the result of State
initiatives for teacher salaries and disadvantaged
students plus a stabilization of the City Schools'
enrollment. The State is projecting salary raises for
teachers over the next five years that will not exceed
2.0 per cent; consequently, the annual gain in State
revenue could range from a low of $400,000.00 to a
maximum of $1.2 million, without a significant change in
the funding formula.
Federal/Other Revenue - the increase over the past five
years in this revenue category has averaged about
$125,000.00 as the result of higher Federal school lunch
program reimbursements and an increase in tuition
receipts for regional special education programs.
Revenue is projected to increase about $175,000.00 to
$225,000.00 annually for this category.
City Revenue - an average annual increase of
approximately $1.82 million has been received in City
funds over the past five years, or about 6.7 per cent.
The Schools will become more dependent on local revenue
454
as State revenue increases level off, particularly to fund
employee salary raises and avoid a significant reduction in
the level of services.
School Expenditures - School spending has risen by an
annual average of 4.2 per cent, or $2.8 million. It will
require about $3.0 million to $3.5 million annually
during the next five years to maintain the level of
educational services, provide employees with moderate
salary raises, and fund important educational
initiatives.
Service Levels - student enrollment has stabilized at
12,650 s~udents, and it should increase over the next
five years to about 13,000 pupils. Therefore, no
significant staff reductions can be made due to
enrollment loss. The minimum annual increase in the
Maintenance of Services budget will vary from $450,000.00
to $975,000.00 depending on the following items:
Personnel lapse - savings of $250,000.00 to
$350,000.00 per year based on retirements/
resignations.
Employee fringe benefits - $0 to $350,000.00
per year depending on the level of
health/dental insurance payments.
Inflation/usage adjustments - $200,000.00 to
$300,000.00 annually for increases
attributable to inflation (2.5 per cent - 3.5
per cent) and enrollment gain.
Special Education services - $300,000.00 to
$400,000.00 per year for services needed by
new special education students.
Debt Service - $200,000.00 to $250,000.00
annually for new debt service on elementary/
middle school renovation projects.
Employee Salaries - raises for all employees will cost a
total of $485,000.00 to $500,000.00 for each 1.0 per cent
raise (including mandated fringe benefits). A minimum
raise of 3.0 per cent would cost $1.45 million, while a
raise of 7.0 per cent would cost $3.5 million.
455
II
Educational Initiatives - to meet the School Board's
educational objectives will require a minimum of
$400,000.00 annually even with the phase-in of these
programs over a three to five year period. Some of the
more important initiatives and their total costs are:
school nurses - $400,000.00
business and technical education - $650,000.00
primary grade class size - $525,000.00
support personnel (guidance/remedial/visiting/
resource teachers) - $1.1 million
textbooks and instructional materials - $1.5
million
high school seven-period day - $1.0 million
Magnet programs - $75,000.00 operating/
$550,000.00 capital
minority staff recruitment - $125,000.00
special education TMH/ED/preschool services -
$125,000.00
alternative education - $350,000.00
staff development - $150,000.00
Mr. Herbert advised that there will be some projected revenue
growth in the State's budget, however, the vast majority of the
State's money will go into the following categories: primary and
secondary education which is for new students entering the school
system, but not new dollars for local governments to fund existing
students; medicare and medicaid, which cost is virtually out of
control for every state government across the United States; and
corrections (it is believed that the State will not provide any
relief to local governments in terms of housing State prisoners).
He pointed out that there are no funds for teacher salaries, and
although the State is projecting a 2.0 per cent salary increase for
State employees, the 2.0 per cent will take effect in December. He
advised that the State is providing a 7/12 of 2.0 per cent pay
increase for social workers, Jail employees, and others, and if
Council authorizes the pay increase on July 1, the City would miss
the reimbursement against those particular positions for five
months, therefore, the 2.0 per cent would be expanded into 3.0 per
cent which sounds good, but if one is developing a local budget and
providing for salary increases on the traditional July 1 date,
every time the percentage is raised in the State category, the City
must fund the full cost for 5/12 of the year. He explained that it
may be necessary to look at other alternatives.
The City Manager's Executive Summary pointed out the following
in connection with how the Commonwealth is performing financially:
6.4 per cent growth in General Fund revenues is projected
for fiscal year 1993-94, up from 6.3 per cent growth
estimated during fiscal year 1992-93. While improved
456
from recent fiscal years, this projected growth is still
far below the 9.0 per cent average growth experienced by
the Commonwealth during the previous twenty fiscal years.
No new cuts to State agencies are included in the fiscal
year 1993-94 budget, which translates into no new cuts in
State agency funding of local programs.
No funding for teacher raises is recommended in fiscal
year 1993-94.
Education funding has been adjusted for the number of
pupils enrolled, Sales Tax collections, the actual cost
of health insurance, and various other technical
adjustments. Roanoke City Schools' staff estimate an
additional $323,000.00 in State revenue and State Sales
Tax for fiscal year 1993-94.
2.0 per cent salary increases for State-supported local
employees (constitutional offices, social services and
sheriff/Jail employees) has been funded effective
December 1, 1993.
Preliminary revenue figures for other State revenue
sources compiled by City staff indicate the possibility
of receiving an additional $335,000.00 in State revenue
for fiscal year 1993-94. However, most of this
additional revenue is Street Maintenance revenue which
must be used to fund eligible Street Maintenance
expenditures.
In closing, the City Manager advised that the challenges ahead
include:
The national economy will continue to improve, however,
annual growth will only be in the 2.0 to 3.0 per cent
range through 1996.
Virginia's economy will grow more slowly than the nation
as a whole due to the looming impact of defense spending
reductions. Virginia ranks first among all states in
Federal per capita defense spending.
Intergovernmental (Federal and State) revenues will
continue to perform at a rate less than the rate of
inflation (the annual growth rate during the past five
years was only 2.8 per cent), increasing the relative
importance of local revenue sources.
457
Five major programs will drive the Commonwealth's budget
during the 1990's - Medicaid, corrections, elementary and
secondary education, higher education and services for
the mentally disabled - due to the growing numbers of
clients for these programs. The provision of additional
local support by the Commonwealth in program areas other
than these will be extremely difficult without increasing
taxes at the State level.
Roanoke's economy will continue to improve at a slow
pace. For example, real estate assessments are expected
to grow only 2.0 per cent for fiscal year 1993-94, and
total General fund revenues are expected to increase less
than 2.0 per cent.
Local revenue sources will assume even greater importance
in the total revenue picture due to declining performance
of intergovernmental revenues.
General Property Tax revenue will be an extremely
important source of local revenue until the economic
situation improves substantially, and the performance of
"elastic" sources of revenue increases accordingly.
Operating expenditures will continue to increase at a
rate slightly above that of inflation (the annual growth
rate during the last five fiscal years was 1.0 per cent
above annual inflation). However, the City faces an
immediate expenditure funding problem for fiscal year
1993-94 with expenditures expected to exceed revenues
without funding a general pay raise for all City and
School employees and without funding critical capital
needs.
Capital needs of the City are numerous, including the
Hotel/Conference Center Project, City Jail expansion,
Juvenile Detention Home expansion, and Sewage Treatment
Plant expansion being high priority projects.
The City Manager requested that Council set aside
approximately four hours for the February retreat in order to allow
sufficient time to discuss critical capital projects, such as the
Hotel Roanoke Conference Center, City Jail, Water Pollution Control
Plant, Roanoke River Flood Reduction Project, and a review of the
most important projects for the next two to three years.
The Mayor expressed appreciation to the City Manager and his
staff, along with the Acting Director of Finance and his staff, for
the in-depth information that was provided for the Council's
benefit. He stated that the next retreat will be held on the
morning of February 10, 1993, and referred to the possibility of
458
participation by some, or all, of the City Planning Commission
members. He advised that he would forward a letter to the members
of Council on the following Monday, through the City Clerk,
requesting that Council Members respond to Vice-Mayor Fitzpatrick
and Council Member White as to their preference. He expressed
appreciation to Vice-Mayor Fitzpatrick and to Council Member White
for their assistance in working with the City Manager to plan the
work sessions.
There being no further business, the Mayor declared the
special meeting adjourned at 2:25 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
459
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
January 25, 1993
2:00 p.m.
The Council of the City of Roanoke met in regular session In
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, January 25,
1993, at 2=00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Reqular Meetinqst of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT~ Council Members Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., James G. Harvey, II,
Delvis O. McCadden, Howard E. Musser, William White, Sr., and
Mayor David A. Bowers ........ 7.
ABSENT: None
e
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Acting Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Edward C.
Woodward, Pastor, Oak Grove Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
BUSES-PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT: The
Mayor presented a Proclamation to James R. Carter
declaring Wednesday, January 27, 1993, as James R.
"Jimmy" Carter Appreciation Day, in the City of Roanoke
in recognition of Mr. Carter's exemplary safety record
and driving ability which has qualified him to represent
the Greater Roanoke Transit Company in the American
Public Transit Association's International Roadeo
Competition in 1984, 1985, 1987, 1989, 1990 and 1992,
finishing no less than 23rd and as high as 4th.
(For full text, see Proclamation on file in the City
Clerk's Office.
PUBLIC HEARINGS
LEGISLATION-SCHOOLS-CITY CHARTER: Pursuant to a
recommendation of the City Attorney and concurred in by
Council on Monday, January 11, 1993, the City Clerk
460
ACTION:
having advertised a public hearing for Monday,
January 25, 1993, at 2:00 p.m., or as soon thereafter as
the matter may be heard, with regard to consideration of
an amendment to the City Charter which would authorize
the Roanoke City School Board to establish the school
calendar so that the first day students are required to
attend school may be prior to Labor Day, the matter was
before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
January 15, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31311-012593) A RESOLUTION requesting the 1993
Session of the General Assembly of Virginia to enact a
certain amendment to the Roanoke Charter of 1952, as
amended.
(For full text of Resolution, see Resolution Book No. 54,
page 331.)
Mr. White moved the adoption of Resolution No.
31311-012593. The motion was seconded by Mro
Fitzpatrick.
The City Attorney submitted a written report
advising that the 1993 Legislative Program, adopted by
Council on December 14, 1992, requests the General
Assembly to amend the State Code to permit the School
Board to establish a school opening date earlier than
Labor Day, however, he was recently advised that the best
way to accomplish the request is through a Charter
amendment. Therefore, he noted that on January 11,
Council authorized a public hearing to be held on the
matter. He explained that the public hearing was
properly advertised pursuant to Section 15.1-835, Code of
Virginia (1950), as amended.
(For full text, see report on file tn the City Clerk's
Office.)
The Mayor inquired if there were persons present who
would like to address Council with regard to the public
hearing; whereupon, R. Faye Pleasants, Executive for
Staff Development and Personnel, Roanoke City Public
Schools, Chairperson of a committee charged with the
responsibility of proposing a school calendar for the
upcoming school year, advised that the committee strongly
supports the amendment to the City Charter which will
permit the School Board to establish a school opening
date in advance of Labor Day when necessary.
No other persons wishing to be heard, Resolution No.
31311-012593 was adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers-- 7.
NAYS: None 0.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to five requests for Executive
Sessions to discuss a matter with regard to location of
an existing business when no previous announcement has
been made of the business' interest in expanding in the
community; vacancies on various authorities, boards,
commissions, and committees appointed by Council; a
matter with regard to actual litigation, being a suit
brought on behalf of the City to collect money owed to
the City; a personnel matter, being the appointment of a
specific public officer; and a matter with regard to
disposition of publicly held property, specifically the
possible conveyance of an interest in land for economic
development purposes.
COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER-ROANOKE
VALLEY RESOURCE AUTHORITY-AIRPORT-SEWERS AND STORM
DRAINS-REFUSE COLLECTION: A communication from Joel M.
Schlanger tendering his resignation as a member of the
Hotel Roanoke Conference Center Commission, Roanoke
Valley Solid Waste Management Board, Roanoke Valley
Resource Authority, and Roanoke Regional Airport
Commission, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
461
462
ACTION:
ACTION:
ACTION=
Mrs. Bowles moved that the communication be received
and filed and that the resignations be accepted. The
motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers-- 7.
NAYS: None 0.
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to location of an existing business
when no previous announcement has been made of the
business' interest in expanding in the community,
pursuant to Section 2.1-344 (A)(5), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss a matter with regard to location of an existing
business when no previous announcement has been made of
the business' interest in expanding in the community,
pursuant to Section 2.1-344 (A)(5), Code of Virginia
(1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
PLANNING-COMMITTEES: A report of qualification of
Barbara N. Duerk and Richard L. Jones as members of the
City Planning Commission, for terms ending December 31,
1996, was before Council.
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None 0.
463
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
ACTION:
ACTION:
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None 0.
COUNCIL: A report of the City Attorney requesting
that Council meet in Executive Session to discuss a
matter with regard to actual litigation, being a suit
brought on behalf of the City to collect money owed to
the City, pursuant to Section 2.1-344 (A)(7), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Attorney to convene in Executive Session to
discuss a matter with regard to actual litigation, being
a suit brought on behalf of the City to collect money
owed to the City, pursuant to Section 2.1-344 (A)(7),
Code of Virginia (1950), as amended. The motion was
seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers .... 7.
NAYS: None 0.
464
ACTION=
ACTION:
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
personnel matter, being the appointment of a specific
public officer, pursuant to Section 2.1-344 (A)(1), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss a personnel matter, being the appointment of a
specific public officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers--- 7.
NAYS: None 0.
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to disposition of publicly held
property, specifically the possible conveyance of an
interest in land for economic development purposes,
pursuant to Section 2.1-344 (A)(3), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss a matter with regard to disposition of publicly
held property, specifically the possible conveyance of an
interest in land for economic development purposes,
pursuant to Section 2.1-344 (A)(3), Code of Virginia
(1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers .......... 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
465
tl
ACTION
PETITIONS AND COMMUNICATIONS:
SCHOOLS-CAPITAL IMPROVEMENTS PROGRAM: A
communication from the Roanoke City School Board
requesting Council's approval of a State Literary Fund
loan application, in the amount of $2.2 million, to fund
construction costs for addition and improvements to
Morningside Elementary School, advising that the debt
service on the loan will increase the Board's debt
service expenditure by $200,000.00 in fiscal year 1995-
96, but no debt service liability is incurred until funds
are drawn against the loan account; and that Council also
approve an intent statement which was prepared by the
City Attorney's Office, in cooperation with bond counsel,
for financing the project, was before the body.
(For full text, see communication and application on file
in the City Clerk's Office.)
Mr. Fitzpatrick offered the following resolution:
(#31312-012593) A RESOLUTION authorizing the School
Board for the City of Roanoke to make application for a
loan from the State Literary Fund for improvements to
Morningside Elementary School.
(For full text of Resolution, see Resolution Book No. 54,
page 333.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31312-012593. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following resolution:
(#31313-012593) A RESOLUTION authorizing the School
Board for the City of Roanoke to expend funds for adding
to and improving the present school building at
Morningside Elementary School and declaring the City's
intent to borrow to fund or reimburse such expenditures.
(For full text of Resolution, see Resolution Book No. 54,
page 334.)
466
ACTION=
Mr. Fitzpatrick moved the adoption of Resolution No.
31313-012593. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
REFUSE COLLECTION: The Director of Public Works
presented Council Members with copy of the 1993 Roanoke
City Recycling Curbside Collection Calendar which is
intended to serve as a guide to the City's curbside
recycling program.
(See calendar on file in the City Clerk's Office.)
Without objection, the Mayor advised that the
presentation would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
CITY CODE-BUILDINGS/BUILDING DEPARTMENT: The City
Manager submitted a written report with regard to delayed
payment of elevator inspection fees, advising that
current provisions set forth in Chapter 7, Building
Regulations, Section 7-14, Permit and Inspection Fees, of
the Code of the City of Roanoke (1979), as amended,
require that all fees for inspections of elevators be
paid prior to inspection.
It was further advised that currently, there are 410
elevators which require inspection every six months; that
until recently, elevator records have been maintained
manually, which resulted in an inefficient scheduling and
tracking system; that with recent computerization of the
Building Inspections Department, the City now has an
orderly and systematic inspections program for elevators;
that procedurally, the 410 elevators have been classified
by area of the City and dates of required inspections;
that all required inspections are scheduled on a monthly
basis so that inspections can be performed in a timely
manner; that as a result, some elevator inspections could
467
ACTION:
be made prior to the inspection fee payment, contrary to
Section 7-14 of the City Code; that Chapter 7 of the City
Code adopts and incorporates, by reference, Volume I of
the Uniform Statewide Building Code; and Volume I was
recently amended to permit delayed payment.
The City Manager recommended that Council approve a
proposed amendment to Section 7-14 of the Code of the
City of Roanoke (1979), as amended, to permit elevator
inspections prior to payment of inspection fees and to
provide for interest and no further re-inspections on
overdue accounts.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31314-012593) AN ORDINANCE amending and
reordaining Section 7-14, Permit and inspection fees, of
Article II, Building Code, of Chapter 7, Building
Regulations, of the Code of the City of Roanoke (1979),
as amended, to provide for performance of elevator
inspections prior to payment of inspection fees; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 335.)
Mrs. Bowles moved the adoption of Ordinance No.
31314-012593. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ---7.
NAYS: None 0.
EMERGENCY MEDICAL SERVICES: The City Manager
submitted a written report advising that on Monday,
January ll, 1993, the Emergency Medical Services Advisory
Committee presented its report to Council on the delivery
of pre-hospital care within the City; and after careful
study of the report, he would like to revise his
recommendations to Council.
468
Mr. Herbert agreed with the committee's
recommendation of addressing the need for increased
coordination and continuity among agencies providing pre-
hospital care, and in this regard, he recommended that
the following actions be taken:
City Council concur with the City Manager's
appointment of a permanent Emergency Medical
Services Advisory Board to be effective
February 1, 1993.
City Council authorize the City Manager to
enter into a new contract between the City and
Roanoke Emergency Medical Services, Inc.,
effective February 1, 1993, relating to the
provision of pre-hospital care and
coordination thereof.
The City Manager advised that he intends to take the
following actions:
Replace one ambulance during fiscal year 1992-
93 through the Capital Maintenance and
Equipment Replacement Program.
Initiate a First Responder Program at Fire
Station No. 13 (Peters Creek Road) serving the
northwest section of the City, beginning
February 1, 1993, thereby reducing response
times to this area.
Continue pre-hospital care training for Fire
Department personnel to the level of Emergency
Medical Technician - Defibrillation (EMT-D),
which will allow ftrefighters to assist with
emergency medical responses.
Mr. Herbert also recommended that the following
issues be carefully evaluated by administrative staff,
and, if deemed appropriate, be addressed during the
fiscal year 1993-94 budget development process:
Two additional positions of EMS Training
Officer and Resource Officer with the
Emergency Medical Serv£ces Department. The
majority of funding needed for the Resource
Officer position is currently available and
would only require reallocation of funds.
469
AC?ION=
Evaluate emergency medical dispatch programs
and provide training for all Communications
Center personnel. Dispatcher training
programs are now recognized by the State
Department of Health which includes priority
dispatching and pre-arrival instructions. This
type of training allows for better utilization
of emergency medical resources.
Relocation of Emergency Medical Services
administration/operations offices. Space has
been identified In the Jefferson Center which
would provide sufficient office space and
parking, and allow needed access to the new
training center.
Evaluate alternatives for provision of an
adequate Emergency Medical Services facility
in northwest Roanoke to replace the current
Inadequate facility.
Review feasibility for in-house billing and
collection for ambulance transportation user
fees which may produce a cost savings.
(For full tent, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31315-012593) A RESOLUTION concurring in the City
Manager's appointment of an Emergency Medical Services
Advisory Board and authorizing the City Manager to enter
into a contract between the City and Roanoke Emergency
Medical Services, Inc., relating to provision of
emergency medical services.
(For full text of Resolution, see Resolution Book No. 54,
page 336.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31315-012593. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES= Council Mambers Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None 0.
470
BUDGET-POLICE DEPARTMENT-FIRE DEPARTMENT-ROANOKE
CIVIC CENTER-UTILITY LINE SERVICES-WATER RESOURCES-
EQUIPMENT: The City Manager submitted a written report
advising that the Capital Maintenance and Equipment
Replacement Program has Identified vehicular equipment
that needs to be replaced consisting of 31 units; and
recommending that Council accept the lowest responsible
bids meeting specifications, as follows:
two new mid size, two door, four
wheel drive utility vehicles from
Berglund Chevrolet, Inc., · for a
total cost of $34,417.58;
one new mid size four door, four
wheel drive utility vehicle from
Farrell Ford, Inc., for a total cost
of $18,502.50;
five new mid size, four door sedans
from Berglund Chevrolet, Inc., for a
total cost of $52,566.00;
fifteen new full size automobiles
from Berglund Chevrolet, Inc., for a
total cost of $189,229.35;
Se
three new intermediate size, four
door sedans from Dominion Car
Company, for a total cost of
$35,790.99;
ne new mid size extended cargo van
from Hart Motor Company, for a total
cost of $12,873.21;
one new eight passenger window van
from Magic City Motor Corporation,
for a total cost of $14,485.00;
two new mid size pickup trucks from
Hart Motor Company, for a total cost
of $20,852.32; and
one new 15 passenger van from R. K.
Chevrolet, Inc., for a total cost of
$16,358.00.
The City Manager further recommended that all other
bids received by the City be rejected and that funding be
provided as follows:
471
m
.m
ACTION:
appropriate $17,208.79 from Utility Line
Services Retained Earnings Account to Utility
Line Services, Account No. 006-056-2625-9010,
to allow for the purchase of one unit of Item
#1;
appropriate $35,711.29 from Water Department
Retained Earnings Account to Water Department,
Account No. 002-056-2178-9010, to allow for
the purchase of one unit of Item #1 and Item
#2;
appropriate $10,513.20 from Civic Center
Retained Earnings Account to Civic Center,
Account No. 005-050-8600-9010, for the
purchase of one unit of Item #4;
$291,925.67 is available in Fleet Management,
Account No. 006-052-2641-9010, for purchase of
the remaining vehicular units; and
appropriate $39,716.00 from General Fund
Capital Maintenance and Equipment Program and
transfer to Fleet Maintenance Internal Service
Fund.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31316-012593) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General, Internal
Service, Water, and Civic Center Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 337.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31316-012593. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES= Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser and White 6.
NAYS= None 0.
(Mayor Bowers abstained from voting.)
472
ACTION=
Mr. Fitzpatrick offered the following resolution:
(#31317-012593) A RESOLUTION accepting bids for
certain vehicular equipment, and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 54,
page 339.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31317-012593. The motion was seconded by Mr. Harvey and
adopted by the following vote=
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCaddan, Musser and White 6.
NAYS= None 0.
(Mayor Bowers abstained from voting.)
BUDGET-PARKSANDRECREATION-PUBLIC WORKS-EQUIPMENT=
The City Manager submitted a written report advising that
the Capital Maintenance and Equipment Replacement Program
has identified the need to replace one stump cutter and
three utility trailers for the Grounds Maintenance
Department; and recommending that Council accept the
following bids and reject all other bids received by the
City:
one new heavy duty stump cutter from J. P.
Carlton Company, for a total cost of
$14,750.00; and
three new nine-ton rated utility trailers from
Rentco, Inc., for a total cost of $16,800.00.
The City Manager further recommended that Council
appropriate $31,550.00 from the General Fund Capital
Maintenance and Equipment Replacement Program and
transfer said funds to Fleet Management, Account No. 006-
052-2641-9010.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
473
II
ACTION:
ACTION~
(#31318-012593) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Internal
Service Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 340.)
Mrs. Bowles moved the adoption of Ordinance No.
31318-012593. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ..... 7.
NAYS: None -0.
Mrs. Bowles offered the following resolution:
(#31319-012593) A RESOLUTION accepting bids for
certain vehicular equipment and rejecting certain other
bids for such equipment.
(For full text of Resolution, see Resolution Book No. 54,
page 342.)
Mrs. Bowles moved the adoption of Resolution No.
31319-012593. The motion was seconded byMr. Fitzpatrick
and adopted by the following vote:
AYES= Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
CITY CODE-CITY EMPLOYEES-PENSIONS= The City Manager
and the Acting Director of Finance submitted a Joint
written report with regard to lump sum extended illness
leave payments to members and non-members of the City of
Roanoke Pension Plan, advising that Council adopted a new
Paid Leave and Extended Illness Leave Policy, effective
July 1, 1992, pursuant to Ordinance No. 31053-061592~
that the policy Is applicable to all non-temporary
officers and employees of the City of Roanoke hired after
July 1, 1992, and to officers and employees hired prior
to July 1, 1992, if such persons voluntarily elected this
policy~ and Personnel Operating Procedure #24, "Paid
Leave and Extended Illness Leave", promulgated by the
City Manager on June 16, 1992, and effective July 1,
1992, provides in Section V.K. that, upon retirement,
employees shall be eligible to use unused extended leave
474
as creditable service to be added to the employee's
actual time in service for the retirement benefit
calculation, subject to the following criteria=
60 per cent of unused extended illness leave
balance is eligible;
eligible extended illness leave balance shall
not be used to exceed 60 per cent of average
final compensation;
employee must begin receiving a retirement
allowance immediately after terminating
employment; and
employees that are not members of the City of
Roanoke Pension Plan shall receive benefits
substantially equivalent to the Employees'
Supplemental Retirement System (ESRS) credit
for unused extended illness leave.
It was further advised that non-temporary officers
and employees that are not members of the City of Roanoke
Pension Plan include the following: the Assistant City
Manager position, Grant funded positions, Sheriff and
Deputy Sheriff positions (the Sheriff and Deputy Sheriff
positions shall be covered by the normal service
retirement provisions provided firefighters and deputized
police officers).
It was explained that the Code of the City of
Roanoke (1979), as amended, requires amendments
authorizing conversion of unused extended leave to
creditable service for retirement purposes and
authorizing monthly or lump sum payments to members and
non-members of the City of Roanoke Pension Plan; that
grant funded positions shall have eligible creditable
service for Extended Illness Leave payments based on City
of Roanoke service; that Sheriff and Deputy Sheriffs
eligible creditable service for Extended Illness Leave
payments shall be determined based on creditable service
used to calculate their Virginia Retirement System
pensions; and substantially equivalent benefits to the
Employees' Supplemental Retirement System (ESRS) benefit
shall be determined as follows for non-members:
Pension definitions and formulas detailed in
the Code of the City of Roanoke (1979), as
amended, Chapter 22.1 and applicable to the
ESRS, shall be used to determine creditable
service eligible for extended leave payments.
475
Two calculations shall be required: (1)
eligible creditable service excluding the 60
per cent of the unused extended illness leave
balance, and (2) eligible creditable service
including the 60 per cent of the unused
extended illness leave balance.
The annual difference between the two
calculations in Item #2 above shall be used to
determine the equivalent one-time lump sum or
monthly payment, per the annuity table as
identified in the Code of the City of Roanoke
(1979), as amended, Chapter 22.1-52. This
table is updated annually based on actuarial
information by Buck Consultants.
The City Manager and the Acting Director of Finance
explained that the equivalent lump sum payments shall be
a current year expense in the year paid and charged to
the personnel services object code of the applicable cost
center and fund for Grant funded positions; that the
Assistant City Manager position is the only non-temporary
position under the City Manager which is not currently
included in the City of Roanoke Pension Plan; and adding
this position to the Pension Plan will eliminate the need
to provide an equivalent benefit in lieu of converting
unused extended leave to creditable service for
retirement.
The City Manager and the Acting Director of Finance
recommended that Council take the following actions:
authorize conversion of unused extended leave
to creditable service for members of the City
of Roanoke Pension Plan;
authorize an equivalent benefit for employees
who are not members of the City of Roanoke
Pension Plan; and
place the position of Assistant City Manager
in the City of Roanoke Pension Plan.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency
ordinance:
476
ACTION~
(#31320-012593) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by enacting new
S2-56, Conversion of extended Illness leave upon
retirement; amending and reordaining the definition of
"creditable service" set out tn S22.1-2, Definitions; and
repealing ~22.1-4.2, Membership to exclude certain
officers; such new, amended and repealed sections
authorizing the conversion of unused extended Illness
leave to creditable service under the City of Roanoke
Pension Plan, providing for a similar benefit for
officers and employees who are not members of the City of
Roanoke Pension Plan, and permitting the Assistant City
Manager to participate in the City of Roanoke Pension
Plan~ and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 343.)
Mr. Musser moved the adoption of Ordinance No.
31320-012593. The motion was seconded by Mr. McCadden
and adopted by the following vote=
AYES= Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ...... 7.
NAYS= None 0.
POLICE DEPARTMENT-CITY CODE-FIRE DEPARTMENT-
PENSIONS-CITY EMPLOYEES= The City Manager and the Acting
Director of Finance submitted a Joint written report with
regard to retirement benefits provided to ftreftghters
and police officers in the Employees' Supplemental
Retirement System, advising that Council approved the
establishment of a new retirement system, the Employee's
Supplemental Retirement System, effective July 1, 1984;
that the new system Includes a provision for ftreftghters
and deputized police officers by which they qualify for
normal retirement benefits at age 50 with 25 years of
creditable service as a firefighter or police officer;
that the normal retirement date for other City employees
ts age 65 with five years of creditable service or age 55
with 30 years of service; that only service as a
ftreftghter or deputized police officer shall be credited
to determine eligibility for the age 50 with 25 years of
creditable service provision; and line of duty accidents
have occurred which have left firefighters and police
officers disabled to perform their duties as fireftghters
or police officers, but they may be able to perform new
duties In other City Job classifications.
477
It was further advised that in some cases, an
injured firefighter or police officer may wish to
continue employment as a productive employee, but is
concerned with not qualifying for the age 50 with 25
years of service provision provided firefighters and
police officers, by accepting a position in another City
department; that the City of Roanoke Pension Plan and the
City administration would like the option of offering
firefighters and police officers the opportunity to
continue work as productive employees; that such decision
would be based on medical information provided by the
employee's physician, the Pension Plan's medical
examiner, recommendation by the City Manager, and
approval by the City Pension Plan's Board of Trustees;
and providing firefighters and police officers injured in
the line of duty with the option to continue employment
and retain the right to be eligible for retirement at age
50 with 25 years of creditable service would provide the
following advantages:
allow the injured firefighter or police
officer to continue working as a productive
and valued employee;
reduce cost for the City and the Pension Plan;
and
demonstrate the City's dedication and support
to its firefighters and police officers.
It was explained that on a case by case basis,
information will be evaluated, and if appropriate, will
be presented to the Board of Trustees for its approval;
and if no other position is available, the only option
will be to retire the firefighter or police officer on an
occupational disability.
The City Manager and the Acting Director of Finance
recommended that Council approve the allowance of
creditable service in other City departments to determine
eligibility for benefits provided to firefighters and
deputized police officers injured in the line of duty.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey referred to page 2, line 1, of the
report, as follows: "Providing firefighters and police
officers injured in the line of duty with the option to
continue employment and retain the right to be eligible
for retirement at age 50 with 25 years creditable service
478
AC?IONs
would provide the following advantages:" He inquired
with regard to definition of the word "option" in this
instance; whereupon, the City Manager advised that
presently under provisions of the City Code, the City
Manager has authority to transfer employees from one
department to another. He explained that the option is
given to management and to the Retirement Board, however,
the employee does not have the ability to object to the
transfer unless a physician can prove that the employee
is unfit for duty, even in connection with the
transferred position.
Mr. Harvey advised that the above quoted sentence as
set forth in the report is misleading and should be
clarified so that there will be no confusion in the
future inasmuch as the City Manager has publicly stated
that only management has the option to transfer
employees; whereupon, the City Manager revised the
report, as follows: "Providing for firefighters and
police officers injured in the line of duty to continue
employment and retain the right to be eligible for
retirement at age 50 with 25 years creditable service
would provide the following advantages:"
(See revised report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency
ordinance:
(~31321-012593) AN ORDINANCE amending and
reordaining subsection (1) of section (a) of Section
22.1-44, Normal service retirement, Code of the City of
Roanoke (1979), as amended, to provide for retention of
normal retirement age when a firefighter or deputized
police officer suffering a disability in the line of duty
is transferred to another position in the City service;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 345.)
Mr. Harvey moved the adoption of Ordinance No.
31321-012593. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers .... 7.
NAYS: None, O.
479
il
ACTION=
ACTION=
ACTING DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Acting Director of Finance
submitted the Financial Report for the City of Roanoke
for the month of December, 1992.
(For full text, see Financial Report on file in the City
Clerk's Office.)
Mr. Harvey moved that the Financial Report be
received and filed. The motion was seconded by Mr.
McCadden and unanimously adopted.
CITY CLERK:
COMMITTEES-SCHOOLS: The City Clerk submitted a
written report advising of expiration of the three year
terms of Charles W. Day and Finn D. Pincus as Trustees of
the Roanoke City School Board on June 30, 1993, and that
applications for the upcoming vacancies will be received
in the City Clerk's Office until 5:00 p.m., on Wednesday,
March 10, 1993.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the report be received and
filed. The motion was seconded by Mr. McCadden and
unanimously adopted.
REPORTS OF COMMITTEES:
AUDIT COMMITTEE= Council Member WilliamWhite, Sr.,
Chairp~rson of the Audit Committee, presented minutes, of
a meeting of the Audit Committee which was held on
Monday, January 4, 1993.
The following matters were reviewed and/or discussed
by the Audit Committee:
External Audit -KPMG Peat Marwick June 30,
1992 Final Reports relative to an evaluation
of the Municipal Audit Department, Comparative
Cost Report Transmittal Forms, and Letter of
Recommendations on Procedures and Controls
Internal Audits - Employee Retirement System
and System Development Procedures
48O
ACTION:
ACTION=
Briefing - Result of City-wide Long Distance
Telephone Procedures Survey
Fraud, Waste and Abuse Hotline
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. White moved that the minutes be received and
filed. The motion was seconded by Mr. McCadden and
unanimously adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 31297-012593
permanently vacating, discontinuing and closing a certain
12 foot alley running in a north-south direction between
Official Tax Nos. 4142631 and 4142630, and being
perpendicular to Buena Vista Boulevard, S. E., having
previously been before the Council for its first reading
on Monday, January 11, 1993, read and adopted on its
first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second
reading and final adoption:
(931297-012593) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 328.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31297-012593. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ---7.
NAYS: None O.
ZONING: Ordinance No. 31298-012593 rezoning a tract
of land located at 209 Ninth Street, N. W., identified as
Official Tax No. 2112019, from LM, Light Manufacturing
District, to RM-1, Residential Multi-family, Low Density
District, subject to certain conditions proffered by the
petitioner, and filed in the City Clerk's Office on
4'8 1
ACTION:
ACTION:
November 10, 1992, having previously been before the
Council for its first reading on Monday, January 11,
1993, read and adopted on its first reading and laid
over, was again before the body, Mr. McCadden offering
the following for its second reading and final adoption:
(#31298-012593) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 211, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 330.)
Mr. McCadden moved the adoption of Ordinance No.
31298-012593. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
CITY PROPERTY-WATER RESOURCES-Y.M.C.A.-SCHOOLS: On
behalf of the Water Resources Co~mittee, Chairperson
Bowles recommended that Council extend the lease of the
Jefferson High School Gymnasium to the Y.M.C.A. for a
period of one year, with the option to renew for two
additional years.
Mrs. Bowles moved that Council concur in the
recommendation of the Water Resources Committee and that
the matter be referred to the City Attorney for
preparation of the proper measure. The motion was
seconded by Mr. Fitzpatrick and unanimously adopted.
OTHER HEARINGS OF CITIZENS: None.
At 3:00 p.m., the Mayor declared the meeting in
recess.
At 4:52 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
482
ACTION:
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None -0.
There being no further business, the Mayor declared the
meeting adjourned at 4:53 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
483
ii
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
February 1, 1993
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, February 1,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetingsr of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr.,
James G. Harvey, II, Delvis O. McCadden, Howard E. Musser, William
White, Sr., Elizabeth T. Bowles and Mayor David A. Bowers 7.
ABSENT: None
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Acting Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Randy J.
Garner, Pastor, Valley View Wesleyan Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions, and committees appointed by Council; a
personnel matter, being the appointment of a specific
public officer; and acquisition of real property for
public purposes.
484
ACTION:
ACTION:
ACTION:
MINUTES: Minutes of the regular meetings of Council
held on Monday, October 5, 1992; Monday, October 12,
1992; Monday, October 26, 1992; and a special meeting
held on Monday, October 26, 1992, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the reading of the
minutes be dispensed with and that the minutes be
approved as recorded. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
PENDING LIST: A list of items pending from July 10,
1978, through January 25, 1993, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the pending list be
received and filed.. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
485
ii
ACTION:
ACTION:
AYES: Council Members Fitzpatrick,
McCadden, Musser, White, Bowles and Mayor Bowers .....
Harvey,
NAYS: None 0.
COMMITTEES-MENTAL HEALTH SERVICES: A report of
qualification of Michael A. Grant as a member of the
Mental Health Services Board, to fill the unexpired term
of Robert L. Lynn, resigned, ending December 31, 1994,
was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
NAYS: None 0.
COMMITTEES-TRAFFIC: A report of qualification of
Stephen A. Mancuso as a member of the City of Roanoke
Transportation Safety Commission, for a term ending
October 31, 1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report of
qualification be received and filed. The motion was
seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick,
McCadden, Musser, White, Bowles and Mayor Bowers
Harvey,
7.
NAYS: None -0.
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
~ersonnel matter, being the appointment of a specific
public officer, pursuant to Section 2.1-344 (A)(1), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
486
ACTION:
Mr. Fitzpatrick moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss a personnel matter, being the
appointment of a specific public officer, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: Coach Burrall Paye, representing the
William Fleming High School basketball team, advised that
approximately 15 months ago a plan was developed to
present to the Roanoke Valley community some of the
finest basketball teams and players in the nation, thus,
the Newbern-Trane Basketball Tournament was established.
He introduced members of the William Fleming basketball
team, and called upon Coach Andrew T. Gray for further
information about the tournament.
Coach Gray advised that the purpose of the Newbern-
Trane Tournament, other than to promote high school
basketball, is to provide students with the opportunity
to play against some of the finest basketball teams in
the nation, and it is hoped that the Tournament will grow
to be an annual event which will help to stimulate the
local economy. He expressed appreciation to Newbern-
Trane for its offer to underwrite shortages in funding,
if any. He advised that each Member of Council will be
furnished with a tee shirt commemorating the event which
will be held on Saturday, February 6, 1993, at the Salem
Civic Center, and extended a personal invitation to the
Members of Council to attend the Tournament.
Without objection by Council, the Mayor advised that
the remarks of Coach Paye and Coach Gray would be
received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting that Council appropriate
funds to the following school accounts, was before the
body.
487
tl
ACTION:
Grant No. 6505
$14,891.00 for the 1992-93 Flow
Through Program to provide aid
for the education and guidance
of handicapped students. The
Program will be reimbursed 100
per cent by State and Federal
funds.
Grant No. 6758
$12,650.00 for the regional
Adult Literacy and Basic
Education Program for 1992-93
to provide funds for the
operation of adult literacy
programs in various localities.
The Program will be reimbursed
100 per cent by Federal funds.
Grant No. 6906
$20,000.00 for the Aviation
Magnet School Grant to develop
and expand educational
opportunities within the
Aviation Education Magnet
Program. The Program will be
reimbursed 100 per cent by
Federal funds.
A report of the Acting Director of Finance
recommending that Council concur in the request of the
School Board, was also before the body.
(For full text, see report and communication on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#31322-020193) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 346.)
Mr. White moved the adoption of Ordinance No. 31322-
020193. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None' 0.
488
SPECIAL PERMITS-TAXES-CHURCHES-LEGISLATION: Mr.
E. Griffith Dodson, Attorney, presented a petition on
behalf of Mountain Manor Homes, a Virginia non-profit,
not-for-profit corporation, sponsored by St. Johns
Episcopal Church, for a resolution supporting the
exemption of real estate taxation of property located on
the south side of Elm Avenue, S. W., Official Tax No.
1021005 - 1021007, inclusive, pursuant to Article X,
Section 6(a)(6) of the Constitution of Virginia.
Mr. Dodson explained that Mountain Manor Homes has
constructed on said property a building containing 15
living units available for lease to certain handicapped
persons screened by Mental Health Services of the Roanoke
Valley, and the petitioner desires to be an organization
designated under Article 4, Section 58.1-3650 et. seq. of
the Code of Virginia (1950), as amended, in order that
the aforesaid real property and any personal property to
be installed therein and used exclusively by it for
charitable and benevolent purposes in responding to the
housing needs of the citizens of the Roanoke Valley will
be exempt from taxation under the provisions of Article
X, Section 6(a)(6) of the Constitution of Virginia, so
long as the facility is operated not for profit and the
property so exempt is used in accordance with the purpose
for which the petitioner is classified.
On behalf of Mountain Manor Homes, Mr. Dodson
responded to certain questions, pursuant to Section 30-
19.04 (b) of the Code of the City of Roanoke (1979), as
amended.
(For full text, see petition on file in the City Clerk's
Office.)
Following discussion of the request, Mr. White moved
that the petition be referred to the City Manager for
study, report and recommendation to Council, and that a
public hearing be advertised to be held by Council at the
earliest possible date. The motion was seconded by Mr.
Harvey and unanimously adopted.
The City Manager called attention to a conflict of
interest inasmuch as he is a member of St. John's
Episcopal Church, therefore, he would ask an appropriate
member of his staff o study the request and submit a
report to Council.
REPORTS OF OFFICERS:
CITY MANAGER:
489
ii
BRIEFINGS~ None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FDETC-GRANTS: The City Manager submitted a
written report advising that the Fifth District
Employment and Training Consortium (FDETC) has been
awarded Incentive Funds from the Governor's Employment
and Training Department (GETD), based on exceptional
performance for the year July 1, 1991 - June 30, 1992;
that the Consortium has received notification from the
GETD allowing for the transfer of funds from the Title
II-B Summer Youth Employment Program to the Title II-A
Year Round Program; that the GETD has allocated Title III
carry-over funds to the Consortium; and the City of
Roanoke is the grant recipient for Consortium funding and
Council must appropriate funds for all grants received by
the Consortium.
It was further advised that the Governor's
Employment and Training Department has sent the
Consortium Notice of Award No. 93-03-06, in the amount of
$83,234.00 for the Title II-A Six Per cent Program for
the period December 16, 1992 - June 30, 1994; that the
GETD has sent the Consortium NOA #E-03, in the amount of
$27,193.00 in Title III carryover funds from Program Year
1991; and the GETD has sent the Consortium Notice of
· Award Nos. 93-03-03 and 92-03-10 allowing the transfer of
Title II-B Summer Youth Employment Program funds, in the
amount of $22,513.00, to the Title II-A Program.
The City Manager recommended that Council
appropriate the Consortium's funding for the Incentive
Award and Title III Carry-over, in the amount of
$110,427.00; that $22,513.00 be transferred from Title
II-B to Title II-A; and that the revenue estimate be
increased, in the amount of $110,427.00, in accounts to
be established by the Acting Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31323-020193) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 348.)
490
ACTION:
Mr. Harvey moved the adoption of Ordinance No.
31323-020193. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
BUDGET-FDETC-GRANTS: The City Manager submitted a
written report advising that the Governor's Employment
and Training Department (GETD) has allocated Title II-B
carry-over funds to the Fifth District Employment and
Training Consortium (FDETC); that the City is the grant
recipient for Consortium funding; and it is necessary for
Council to appropriate funding for all grants received by
the Consortium; and the GETD has sent the Consortium
Notice of Award No. 93-03-04, in the amount of
$78,270.00, in Title II-B carry-over funds from Program
Year 1991.
The City Manager recommended that Council
appropriate the Consortium's funding for the Title II-B
carry-over, in the amount of $78,270.00; and that the
revenue estimate be increased by $78,270.00 in accounts
to be established by the Acting Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31324-020193) AN ORDINANCE to amend and r~ordain
certain sections of the 1992-93 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 349.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31324-020193. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
491
ii
BUDGET-WATER RESOURCES-CONSULTANTS REPORTS: The
City Manager submitted a written report advising that the
City made extensive renovations to the Falling Creek
Water Plant in 1992 which focused on reservoir and filter
plant renovations; that renovations increased the
capacity of the plant; and in order to efficiently
utilize this additional capacity and conform with new
Virginia Department of Health regulations, it is
necessary to construct an additional finished water
reservoir at the plant site which will provide an
additional 100,000 to 200,000 gallons of storage.
It was further advised that a request for
professional services was advertised in the Roano]~e Times
& World News on Sunday, November 1, 1992; that four firms
responded; and the interview process confirmed Mattern &
Craig, Inc., to be qualified to perform the work based on
familiarity with the scope of work, prior experience and
professional staff.
The City Manager recommended that Council award an
engineering services contract, in a form to be approved
by the City Attorney, to Mattern & Craig, Inc., in the
amount of $30,000.00; and that $35,000.00 be appropriated
from Water Plant Expansion Bonds 1992, Account No. 002-
056-8366-9189, to a new account entitled, Falling Creek
Finished Water Reservoir Design, advising that the
$5,000.00 in excess of the contract amount is necessary
to fund approximately $1,000.00 in advertising expenses
and to provide a contingency for the design contract.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31325-020193) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 350.)
Mrs. Bowles moved the adoption of Ordinance No.
31325-020193. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
492
NAYS: None-- 0.
Mrs. Bowles offered the following resolution:
(#31326-020193) A RESOLUTION authorizing the
execution of a contract with Mattern & Craig, Inc., to
provide certain engineering services, specifically all
engineering services relating to the construction of the
new Falling Creek Finished Water Reservoir.
(For full text of Resolution, see Resolution Book No. 54,
page 351.)
Mrs. Bowles moved the adoption of Resolution No.
31326-020193. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
NAYS: None -0.
In the future, Mr. White requested that Council be
furnished with background data on firms selected by the
City to perform professional services similar to that
which is provided to the bid committee in connection with
construction contracts.
PUBLIC WORKS-EQUIPMENT-REFUSE COLLECTION: The City
Manager submitted a written report with regard to bids
received by the City for refuse equipment, advising that
the Capital Maintenance and Equipment Replacement Program
identified the need to replace two 20 cubic yard refuse
trucks in the Solid Waste Management Department;
whereupon, the City Manager recommended that Council
accept the following bids and reject all other bids
received by the City:
Item #1 - two new truck cab/chassis for rear
loading refuse bodies from Magic City Motor
Corporation, for a total cost of $112,330.76;
and
Item #2 - two new 20 cu. yd.
refuse bodies to be mounted
cab/chassis from Dempster, Inc.,
cost of $39,800.00.
rear loading
on Item #1
for a total
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
493
II
ACTION=
(#31327-020193) A RESOLUTION accepting bids for
certain vehicular equipment, and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 54,
page 352.)
Mr. Harvey moved the adoption of Resolution No.
31327-020193. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick,
McCadden, Musser, White and Bowles
Harvey,
6.
NAYS: None 0.
(Mayor Bowers abstained from voting.)
CITY CLERK:
COMMITTEES-SCHOOLS: The City Clerk submitted a
written report advising of expiration of the three year
terms of Charles W. Day and Finn D. Plncus as Trustees of
the Roanoke City School Board on June 30, 1993, and
further advising that applications for the upcoming
vacancies will be received in the City Clerk's Office
until 5:00 p.m. on Wednesday, March 10, 1993.
(For full text, see report on file in the City Clerk's
Office.)
Without objection, the Mayor advised that the report
would be received and filed.
COMMITTEES-SCHOOLS: The City Clerk submitted a
written report requesting that certain dates be
established by Council in connection with the selection
process for School Board Trustees, pursuant to Chapter 9,
Education, of the Code of the City of Roanoke (1979), as
amended.
(For full text, see report on file in the City Clerk's
Office.)
Pursuant to suggestion by the Mayor,
concurred in the following dates:
Council
On Monday, March 15, 1993, at 12:30 p.m., in
the Atrium of the Courthouse, 315 Church
Avenue, S. W., Council will hold an informal
meeting (reception), which will be open to the
public with all candidates for school trustee.
494
On Monday, March 22, 1993, at 2:00 p.m., or as
soon thereafter as the matter may be heard,
Council as a Committee of the Whole, will
review and consider all candidates for the
position of school trustee. At such meeting,
Council will review all applications filed for
the position and Council may elect to
interview candidates for such positions.
On Monday, April 12, 1993, at 7:30 p.m., or as
soon thereafter as the matter may be heard,
Council will, by public vote, select from the
field of candidates, those candidates to be
accorded the formal interview and all other
candidates will be eliminated from the school
trustee selection process. The number of
candidates to be granted the interview will
not exceed three times the number of positions
available on the Roanoke City School Board,
should there be so many candidates.
On Monday, April 26, 1993, at 2:00 p.m., or as
soon thereafter as the matter may be heard,
Council will hold a public hearing to receive
the views of citizens.
On Thursday, April 29, 1993, at 6:00 p.m., in
the City Council Chamber, Council will hold a
meeting for the purpose of conducting a public
interview of the candidates for school
trustee.
On Monday, May 10, 1993, at 7:30 p.m., or as
soon thereafter as the matter may be heard,
Council will hold an election to fill the
vacancies on the Roanoke City School Board.
REPORTS OF COMMITTEES:
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-INDUSTRIES-
WATER RESOURCES: Council Member Elizabeth T. Bowles,
Chairperson of the Water Resources Committee, presented
a written report on behalf of the Committee, with regard
to demolition of a surplus structure at the Roanoke
Centre for Industry and Technology.
A staff report advised that acquisition of the R. E.
Conner property located in the Roanoke Centre for
Industry and Technology was authorized by Council,
pursuant to Ordinance No. 31139-072792, adopted on
July 27, 1992; and the property was acquired on
495
ACTION:
December 14, 1992, to be incorporated into the Roanoke
Centre for Industry and Technology as a portion of a
future industrial site.
The Water Resources Committee recommended that
Council authorize demolition/removal of the "Conner
House", a two-story frame residential dwelling,
identified as Official Tax No. 7230302, in the Roanoke
Centre for Industry and Technology, to enhance the
development of property.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31328) AN ORDINANCE declaring a certain structure
located in the Roanoke Centre for Industry and Technology
surplus and authorizing its removal.
(For full text of Ordinance, see Ordinance Book No. 54,
page 354.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None
EASEMENTS-CITY PROPERTY-TOWNE SQUARE/HUNTING HILLS-
WATER RESOURCES-~TILITIES: Council Member Elizabeth T.
Bowles, Chairperson of the Water Resources Committee,
presented a written report on behalf of the Committee
with regard to dedication and vacation of water easements
on certain properties.
A staff report advised that water easements on
Parcels 10 and 11, Towne Square and Faison Hunting Hills
Limited Partnership, permit City access to public water
facilities located on private property; that vacation of
portions of existing water easements and dedication of
additional easements requires actio~l by Council; that
water main alignments of Parcels 10 and 11, Towne Square,
as originally proposed were modified due to field
conditions during construction resulting in public water
facilities being located outside of dedicated easements;
and public water facilities serving Faison Hunting Hills
496
ACTION:
Limited Partnership were constructed, but easements
permitting access to the facilities were not dedicated to
the City at the time of subdivision.
The Water Resources Committee recommended that
Council authorize vacation and dedication of the
abovedescribed water easements, all easements and
vacations to be at no cost to the City, with associated
documents to be in a form approved by the City Attorney.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31329) AN ORDINANCE authorizing the relocation,
vacation, and dedication of certain public utility
easements at two separate shopping centers located in the
City of Roanoke, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 355.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers -7.
NAYS: None-- 0.
EASEMENTS-C AND P TELEPHONE COMPANY-SCHOOLS:
Council Member Elizabeth T. Bowles, Chairperson of the
Water Resources Committee, presented a written report on
behalf of the Committee, with regard to a deed of
easement establishing a 15' x 15' public utility easement
for C & P Telephone Company on Westside Elementary School
property.
A staff report advised that Westside Elementary
School is located at the intersection of Westside
Boulevard and Hershberger Road, N. W., with the school
property having considerable frontage on Hershberger
Road; that C & P has requested an aboveground cabinet to
contain new fiber optic communications equipment on a 15'
x 15' public utility easement to be installed on school
property; that the equipment cabinet is to be located
immediately to the west of the westerly entrance to the
Westside Park parking lot; that the Roanoke City School
Board approved the utility easement at its regular
497
tl
ACTION:
meeting on December 15, 1992; and relocation of the C &
P equipment cabinet will be at C & P Telephone Company's
expense, with the deed of easement to stipulate that any
projects in this area will be the responsibility of, and
at the expense of, C & P.
The Water Resources Committee recommended that
Council authorize the proper City officials to execute a
deed of easement establishing a 15' x 15' public utility
easement for C & P Telephone Company on Westside
Elementary School Property, with the stipulation that. any
relocation required for future public works projects will
be the responsibility of C & P.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31330) AN ORDINANCE authorizing the granting of
an easement to C & P Telephone Company across property
located at Westside Elementary School, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 355.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
CITY PROPERTY-Y.M.C.A.-SCHOOLS: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources
Committee, presented a written report on behalf of the
Committee, with regard to lease renewal of the Jefferson
High School Gymnasium to the Young Men's Christian
Association.
The Water Resources Committee recommended that the
City Manager be authorized to execute all necessary
documents on behalf of the City indicating the City's
agreement to a one year lease extension and up to four
498
ACTION=
subsequent extensions of one year each unless Council is
otherwise advised, with the form of any documents being
subject to approval by the City Attorney.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31331) AN ORDINANCE authorizing and directing the
proper City officials to enter into a lease between the
City, the School Board of the City of Roanoke and the
Young Men's Christian Association of Roanoke, Virginia,
for use of the Jefferson High School gymnasium, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 356.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
EASEMENTS-SPECIALPERMITS-UTILITIES: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources
Committee, presented a written report on behalf of the
Committee, with regard to a request of Mr. and Mrs. G. W.
Fitzgerald to abandon a public utility easement at 3820
Ventnor Road, S. E.
A staff report advised that the public utility
easements dedicated by S. J. Jones Subdivision include
two in Block 2, one down the center of the block and one
on Lot 3 adjacent to Lot 4, extending from Ventnor Road
to the center of the block; that owners of the remaining
undeveloped portions of Block 2 are Mr. and Mrs.
Michael R. Fitzgerald and Mr. and Mrs. Gary W. Fitzgerald
who own Lots 3 and 4; that a public utility easement down
the center of Block 2 connects to the easterly terminus
of Imlay Avenue, S. E., providing utility service if
needed, to all undeveloped lots in Block 2, and the
public utility easement on Lot 3 is thus surplus to any
need; and a request to abandon the public utility
easement on Lot 3 was received from Mr. and Mrs. Gary W.
499
ii
ACTION:
Fitzgerald who wish to own Lots 3 and 4 and to build
across area now occupied by the public utility easement;
and both Fitzgerald families have presented letters
agreeing to the request.
The Water Resources Committee recommended that
Council authorize abandonment of a ten foot wide public
utility easement on Lot 3, adjacent to Lot 4, S. J. Jones
Subdivision, with all documents to be prepared by and at
the expense of tb- applicants.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31332) AN ORDINANCE authorizing the abandonment
of a certain 10 foot wide public utility easement located
on property owned by Gary W. and Scarlet L. Fitzgerald,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 357.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
REFUSE COLLECTION-CITY PROPERTY: Vice-Mayor
Fitzpatrick requested that the question of whether or not
the City can require the use of reflective tape on
dumpsters located on City property be referred to the
City Manager for report to Council.
500
ACTION:
ACTION:
SCHOOLS-FIREARMS: Council Member McCadden requested
that the City Clerk correspond with the Chairperson of
the Roanoke City School Board with regard to the status
of a report in connection with possession of handguns on
school property, pursuant to a request for information by
Council under date of February 3, 1992.
OTHER HEARINGS OF CITIZENS: None
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to acquisition of real property for
public purposes, pursuant to Section 2.1-344 (A)(3), the
same matter involving the terms and conditions of a
contract requiring legal advice, pursuant to Section 2.1-
344 (A)(7) Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss a matter with regard to acquis%tion of real
property for public purposes, pursuant to Section 2.1-344
(A)(3), the same matter involving the terms and
conditions of a contract requiring legal advice, pursuant
to Section 2.1-344 (A)(7) Code of Virginia (1950), as
amended. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
At 3:10 p.m., the Mayor declared the meeting in
recess.
At 5:06 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session just
concluded, Mr. McCadden 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
501
ACTION:
ACTION:
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick,
McCadden, Musser, White, Bowles and Mayor Bowers
Harvey,
7.
NAYS: None 0.
CITY EMPLOYEES-CITYMANAGER: Vice-Mayor Fitzpatrick
offered the following resolution confirming the City
Manager's appointment of James D. Ritchie, Sr., as
Assistant City Manager, effective February 2, 1993:
(#31333-020193) A RESOLUTION confirming the City
Manager's appointment of James D. Ritchie, Sr., as
Assistant City Manager.
(For full text of Resolution, see Resolution Book 54,
page 353.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31333-020193. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick,
McCadden, Musser, White, Bowles and Mayor Bowers .....
Harvey,
NAYS: None -0.
At 5:15 p.m., the Mayor declared the meeting in
recess.
At 6:25 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
5O2
ACTION:
ACTION:
ACTION:
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None' -0.
COMMITTEES-LIBRARIES: The Mayor advised that there
is a vacancy on the Roanoke Public Library Board, created
by the resignation of John D. Copenhaver, and called for
nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Andrea
Wright.
There being no further nominations, Ms. Wright was
elected as a member of the Roanoke Public Library Board
for a term ending June 30, 1995, by the following vote:
FOR MS. WRIGHT: Council Members Fitzpatrick,
Harvey, McCadden, Musser, White, Bowles and
Mayor Bowers ...... 7.
COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER: The
Mayor advised that there is a vacancy on the Hotel
Roanoke Conference Center Commission, created by the
resignation of Joel M. Schlanger, and called for
nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of
James D. Grisso.
There being no further nominations, Mr. Grlsso was
elected as a member of the Hotel Roanoke Conference
Center Commission for a term ending April 12, 1996, by
the following vote:
FOR THE APPOINTMENT OF MR. GRISSO: Council members
Fitzpatrick, Harvey, McCadden, Musser and Bowles ........ 5.
AGAINST THE APPOINTMENT OF MR. GRISSO:
Member White and Mayor Bowers
Council
503
There being no further business, the Mayor declared the
meeting adjourned at 6:30 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
504
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
February 8, 1993
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, February 8,
1993, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members James G. Harvey, II, Delvis 0.
McCadden, Howard E. Musser, William White, Sr., Elizabeth T. Bowles
and Mayor David A. Bowers-- 6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City
Manager; Wilburn C. Dlbling, Jr., City Attorney; James D. Grisso,
Acting Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend F. Daniel
Wright, Associate Pastor, Ghent Grace Brethren Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
CITIZEN OF THE YEAR: On behalf of the Members of
the Roanoke City Council, the Mayor advised that it was
his pleasure to announce that Joseph W. Gaither was
selected by the Council as Roanoke City's 1992 Citizen of
the Year.
The Mayor further advised that Mr. Gaither is
committed to the well-being of youth and has provided a
growing, positive force in the lives of hundreds of young
people acting as coach, tutor, mentor and volunteer; that
he is a member of Shiloh Baptist Church and holds
membership on the Board of Directors of Total Action
Against Poverty, the Executive Council for Virginia
Association AAU Basketball and the Chamber of Commerce
Youth Council for Athletes, he is a part-tzme counselor
at Youth Haven I, he received the Hometown Hero Award
from WDBJ-TVChannel 7, and he was selected as Citizen of
the Year in 1988 by the Alpha Gamma Chapter of Omega Si
Fi Fraternity.
505
The Mayor explained that Mr. Gaither, learning of
the Inner-City Athletic Association and its activities in
1973, became a part of the backbone of the organization,
leading many teams to State Championships; and one of the
highlights of his involvement was the second place finish
of his 17 years of age and under basketball team in the
1988 AAU National Basketball Tournament. He pointed out
that Mr. Gaither has taken a basketball team to the AAU
National Basketball Tournament each year for the past
five years where they have competed and finished, ranging
anywhere from second place in the country to ninth place.
He noted that Mr. Gaither was instrumental in arranging
free tutoring sessions for any player who is academically
ineligible to participate; that he is presently working
on a program to provide special S.A.T. preparatory
tutoring sessions for ICAA players, and he has initiated
contacts with local high schools to improve
communications and to encourage placement of ICAAplayers
in college preparatory classes.
Mayor Bowers advised that in recognition of Mr.
Gaither's hard work, his commitment, his sacrifice of
time and money, his tireless dedication to and
involvement with low income youth of Roanoke City, for
being a friend to all youth and for his p~sitive role
model, he was pleased to present the 1992 Roanoke City
Citizen of the Year Award to Joseph W. Gaither.
The Mayor presented Mr. Gaither with a personalized
plaque and a framed Key to the City. He presented Mrs.
Gaither with a crystal star which is symbolic of the star
on Mill Mountain.
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, February 8, 1993, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
Berglund Chevrolet, Inc., that a 425 foot section of
Maddock Avenue, N. W., generally running between the west
right-of-way line of Williamson Road, be permanently
vacated, discontinued and closed, the matter was before
the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday~
January 22, 1993, and Friday, January 29, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
506
A report of the City Planning Commission advising
that the section of Maddock Avenue, N. W., as requested
for closure, extends in a westerly direction from
Williamson Road, N. W., for a distance of 425 feet to an
existing property line located between properties
identified as Official Tax Nos. 3080818 and 3080817; that
the applicant owns all of the property situated on each
side of the street section requested for closure; and the
applicant owns and operates a new and used car sales
enterprise which is proportionately situated on both
sides of Maddock Avenue, N. W., and across the main
thoroughfare of Williamson Road, was before Council.
It was further advised that Berglund Chevrolet,
Inc., has a current and impending need to expand its
existing area of operations; that land located to the
rear of the current Berglund Chevrolet, Inc., operation
was rezoned to provide for the possibility of future
expansion to the rear of current operations; and the
expansion area will be used for increased vehicular
storage and service needs.
The City Planning Commission recommended that
Council approve the request, subject to the following
conditions:
ae
The applicant agrees to submit to the City for
review and approval, a subdivision plat and to
thereupon record such approved plat with the
Clerk of Circuit Court, said subdivision plat
to provide for the following:
combination of the land
within the vacated right-
of-way with the
applicant's abutting
property or as otherwise
provided by law;
retention of easements
for all utilities
existing within the
right-of-way; and
dedication of an area
sufficient to provide a
cul-de-sac turnaround at
the terminus of the
subject street.
507
ACTION=
Be
The applicant agrees to submit to the City for
approval, a plan of development providing
thereon for the manner in which the proposed
cul-de-sac will be constructed, the manner in
which the planting (trees) buffer will be
installed at the terminus of the street and
the matter in which the proposed expansion of
Berglund Chevrolet operators will be laid out
and constructed, all of which shall be
consistent with the requirements of the City's
subdivision and zoning ordinances.
A landscape buffer will be installed along the
eastern boundary of property bearing Official
Tax Nos. 3080817 and 3080807, the southern
boundary of property bearing Official Tax No.
3080809, as well as the southern end of
Maddock Avenue, subject to requirements of
Section 36.1-585 of the City Code regarding
width and composition.
De
Vehicular access to parcels bearing Official
Tax Nos. 3080907, 3080908, 3080909 and
3080912, and the closed portion of Maddock
Avenue be prohibited from the cul-de-sac.
E. The applicant agrees that if the above-cited
conditions have not been met within a period
of 24 months from the date of adoption of any
ordinance providing for the subject street
closure, said ordinance shall become null and
void with no further action by City Council
being necessary.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the following ordinance be
placed upon its first reading:
(#31334) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 363.)
The motion was seconded by Mr. Musser.
508
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for closure. There being none, Ordinance No. 31334 was
adopted, on its first reading, by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
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, February 8, 1993, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
E. C. Pace, III, that a portion of Woodcliff Road, S. E.,
lying between Mack-Chick Road and Alan-A-Dale Road and
all of Friar Tuck Road, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Tuesday,
January 22, 1992, and Tuesday, January 29, 1992.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the section of Woodcliff Road, S. E., requested for
closure is an undeveloped street that extends in an
easterly direction from the existing and paved Junction
of Mack-Chick Road and the adjacent developed portion of
Woodcliff Road, for a distance of 419.07 feet; that Friar
Tuck Road, is a short section of undeveloped street
right-of-way that extends in a southerly direction from
the aforementioned Woodcliff Road, for an average
distance of 200 feet; and street rights-of-way, as
requested for closure, have remained in an undeveloped
and non-productive state for the past 35 years, was
before Council.
The City Planning Commission recommended that
Council approve the request to close the abovereferenced
sections of Woodcliff Road, S. E., and Friar Tuck Road,
subject to the following conditions:
Applicant agrees to record the subdivision
plat currently being reviewed by the City and
thereon to provide for the following:
509
ii
ACTION:
retention of all necessary
easements;
combination of the vacated rights-
of-way with appropriate abutting
properties; and
re-dedication of land for the
construction of the new Woodcliff
Road, S. E., at a right-of-way width
of 50 feet.
Applicant agrees to submit to the City for
review and approval a site plan providing
thereon for the manner in which the proposed
new street and related residential development
will be laid out and constructed.
Applicant agrees that if the above-cited
conditions have not been met within a period
of 24 months from the date of adoption of any
measure providing for closure of the subject
streets, said measure shall become null and
void with no further action by Council being
necessary.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31335) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 365.)
The motion was seconded by Mr. McCadden.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for closure. There being none, Ordinance No. 31335 was
adopted, on its first reading, by the following vote:
510
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None-- 0.
(Vice-Mayor Fitzpatrick was absent.)
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, February 8, 1992, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
Trustees of St. John's Episcopal Church of Roanoke~ that
an alley located between Jefferson Street and First
Street, S. W., running parallel with Elm and Mountain
Avenues, be permanently vacated, discontinued and closed,
the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
January 22, 1993, and Friday, January 29, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the alley extends from its intersection with
Jefferson Street in a westerly direction for a distance
of approximately 420 feet through Block 14 to its
terminus at First Street, S. W.; that the applicant
desires to use the vacated property for enhancement of
security and to provide for future parking spaces for the
disabled; and the subject alley has been used to service
rental property owned by the petitioner, was before
Council.
The Planning Commission recommended that Council
approve the request, subject to the following conditions:
A®
The applicant agrees to submit to the City,
receive approval of, and record a plat of
subdivision, said plat providing for the
disposition of the land within the vacated
right-of-way, as provided by law and providing
for all easements.
The applicant agrees to eliminate the subject
alley's existing access into Jefferson Street
by installing City standard curbing and any
necessary sidewalk in its place.
511
ACTION:
Ce
If the abovementioned conditions have not been
met within a period of 12 months from the date
of any ordinance providing for such closure,
said ordinance shall be null and void with no
further action by Council being necessary.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the following ordinance be
placed upon its first reading:
(#31336) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 367.)
The motion was seconded by Mr. Harvey
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for closure. There being none, Ordinance No. 31336 was
adopted, on its first reading, by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
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,
February 8, 1993, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Whitescarver-
Rodes & Associates, Inc., that conditions proffered in
conjunction with the rezoning of a tract of land located
at 4932 Frontage Road, N. W., designated as Official Tax
No. 6490805, be amended, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
January 22, 1993, and Friday, January 29, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
512
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to amsnd
two of the existing proffered conditions relative to the
site development plan and parking plan for the subject
property to provide for a proposed building addition and
expansion of the off-street parking area, was before
Council.
The Planning Commission recommended that Council
approve the request, advising that the revised
development plan and off-street parking plan are in
keeping with the basic design elements and character of
the area.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31337) AN ORDINANCE to amend Sections 36.1-3 and
36.1-4, Code of the City of Roanoke (1979), as amended,
and Sheet No. 649, Sectional 1976 Zone Map, City of
Roanoke, in order to amend certain conditions presently
binding upon certain property previously conditionally
rezoned from RS-l, Residential Single-Family District, to
C-l, Office and Institutional District.
(For full text of Ordinance, see Ordinance Book No. 54,
page 369.)
The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning. There being none, Ordinance No. 31337 was
adopted, on its first reading, by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers ......................... 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
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,
February 8, 1993, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of District
Investigation, Inc., that conditions approved pursuant to
513
ACTION:
Ordinance No. 28168 rezoning a tract of land located on
Sanford Avenue, S. W., identified as Official Tax No.
1271014, be amended; and that a tract of land identified
as Official Tax No. 1271013, be rezoned from RM-1,
Residential Multi-family, Low Density District, to C-2,
General Commercial District, the matter was before the
body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
January 22, 1993, and Friday, January 29, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
Mr. Musser moved that the following ordinance be
placed upon its first reading:
"AN ORDINANCE to amend Sections 36.1-3 and 36.1-4,
Code of the City of Roanoke (1979), as amended, and Sheet
No. 127, Sectional 1976 Zone Map, City of Roanoke, in
order to amend certain conditions presently binding
upon certain property previously conditionally rezoned
from C-I, Office and Institutional District, to C-2,
General Commercial District, and to amend Sheet No. 127,
Sectional 1976 Zone Map, City of Roanoke, to rezone
certain other property within the City, from RM-1,
Residential Multi-family, Low Density District, to C-2,
General Co~nercial District, subject to certain
conditions proffered by the applicant."
The motion was seconded by Mr. Harvey.
A report of the City Planning Commission advising
that the purpose of the request for rezoning is two-fold:
(1) to remove the previously imposed proffered conditions
on the subject property (Official Tax No. 1271014)
restricting the use to a beauty shop and the signage to
that allowed under the C-l, Office and Institutional
District, zoning classification; and (2) to place an
adjoining residual tract of right-of-way (Official Tax
No. 1271013), now under private ownership, within the
same zoning district classification as the subject
property, was before Council.
It was explained that the primary tract (Official
Tax No. 1271014) was conditionally rezoned by Council on
April 21, 1986; that at the March 5, 1986, meeting of the
City Planning Commission, two major concerns were
addressed: (1) the potential for unrestricted C-2
commercial uses along Wonju Street, and (2) the resulting
signage that would be visible along WonJu Street and from
514
Route 220 (Webber Expressway); that ultimately the City
Planning Commission recommended approval of restricting
rezoning to C-2 to allow for a proposed beauty shop, with
the condition that anything on the outside of the
building would be restricted to that permitted in the C-1
district; and signage would be restricted to that
permitted in the C-1 district.
The City Planning Commission advised that the
petitioner, District Investigation, Inc., erected a free-
standing pole sign on the primary tract (Official Tax No.
1271014) in violation of the original proffered
condition; and at the City Planning Commission public
hearing which was held on December 2, 1992, the attorney
for District Investigation, Inc., advised that the
property had been rezoned to C-2 with conditions that
were unknown to his client when he purchased the
property.
It was noted that the Acting Assistant Zoning
Administrator has advised that City staff could support
the amendment of the proffered condition to change the
use, but could not support the request to delete the
proffered condition restricting signage placed on the
property; that deletion of the proffer restricting the
use would allow the current electronics security service
to continue; and City staff recommended that the previous
proffer pertaining to the signage on the property be
retained and imposed on the adjoining tract of land,
Official Tax No. 1271013, as well.
The City Planning Commission recommended that zoning
of the primary tract of land, Official Tax No. 1271014,
remain conditional, C-2, General Commercial District,
with the following conditions:
use of the property would be the existing
electronics security service or other
professional offices;
signage would be that allowed under C-1
zoning; and
retain all other existing proffers.
Further, the Planning Commission recommended that
zoning of the secondary tract, which is a residual strip
of right-of-way, Official Tax No. 1271013, remain
unconditional, RM-1, Residential Multi-family, Low
Density District; and the petitioner would have the
option to refile a petition to rezone this parcel of land
515
and proffer that the use of the property would be the
same as the primary tract and that signage will be that
which is permitted in the C-i, Office District.
It was explained that the Planning Commission's
recommendation with respect to the requested use of
Official Tax No. 1271014 was based on the determination
that an electronics supply service and professional
offices are appropriate uses for this location, but
signage should continue to be restricted to that
permitted in the C-1 zone. With respect to the
petitioner's request to rezone Official Tax No. 1271013,
the Planning Commission's recommendation was based on the
finding that unrestricted C-2 use of this property was
inappropriate and the visual quality of this particular
area, WonJu Street, Colonial Avenue and Webber Expressway
should continue to be protected.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Nell E. McNally, Attorney, representing District
Investigation, Inc., advised that his client purchased
the property in October of 1991, and received a
permit from the City of Roanoke to erect a sign under C-2
usage. He stated that Official Tax No. 1271014 was
rezoned to C-2 with conditions limiting signage; that
Official Tax No. 1271013 is currently zoned RM-1, and his
client is requesting that Official Tax No. 1271013 be
rezoned to C-2 and that conditions attached to Official
Tax No. 1271014 be amended to permit C-2 signage. He
explained that a permit to erect the sign was issued by
the City, the sign was erected and at the time that the
sign permit was authorized, the conditions set forth in
the original conditional rezoning were not brought to the
attention of his client until a later date when it was
discovered that a mistake had been made by City staff.
In clarification, John R. Marlles, Chief, Community
Development, advised that two parcels of land are under
discussion; that the original parcel, Official Tax No.
1271014, was recommended for rezoning by the City
Planning Commission in 1986; that a beauty shop was
proposed and Council approved the rezoning with the use
to restricted to a beauty shop, however, signage was to
be restricted to that which is permitted in the C-1
zoning district. He explained that some time later the
property was sold and the current electronics security
business occupied the property in violation of the
original proffers restricting the use to a beauty shop.
He stated that a representative the applicant/property
516
owner/realtor telephoned the Building Department to
inquire as to the zoning of the property, and they were
told that the property was zoned for C-2, when in fact,
City zoning maps reflect that the property is zoned C-2
conditional. He added that the permit for the sign was
issued, however, prior to erection, the applicant was
notified of a proffered condition restricting signage to
C-1 zoning.
Mr. Roger L. Christianson, 222 Summit Way Lane,
S.W., spoke on behalf of employees of District
Investigation, Inc., and requested fairness in Council's
decision. He stated that his employer is a small
business who chose to locate in the City of Roanoke, and
pointed out that economic hardships imposed upon his
employer by the City could have repercussions that might
effect his employment. He noted that while it is true
that any person can make a mistake, Council is the
governing body, and in its discretion, can rectify the
error, and urged that Council take appropriate action.
He advised that if one cannot expect the Building or
Zoning Departments to provide accurate information, to
whom should a business or individual turn.
Mr. D. Martin Etzler, petitioner and owner of
District Investigation, Inc., advised that in September
of 1991, he was told by his realtor that the property in
question was zoned C-2; that he obtained a copy of the
City's ordinance relative to signs and businesses
permitted in the C-2 zoning classification; and he met
with the Building Commissioner and the Acting Assistant
Zoning Administrator to discuss the issue of signage and
zoning and was told that the property was zoned C-2,
therefore, a permit for signage was issued. He stated
that on October 31, 1992, he purchased the property; and
on February 18, 1993, the sign permit which was
previously issued by the City was revoked based on the
premise that a City employee remembered that there were
conditions attached to the property when it was rezoned
from C-1 to C-2 in 1986. He stated that he owns a small
business, he has made a large investment in the property
as well as the sign, and he would like to continue to
operate his business at the present location.
Question was raised if Council could issue a special
exception permit for the sign; whereupon, the City
Attorney advised that the property was rezoned in 1986,
and at that time, proffered conditions provided that
signage could only be that which is permitted under C-1
zoning, which is a proffered condition that runs with the
land and is binding on all subsequent purchasers of the
517
ACTION:
property. He stated that a prudent purchaser would have
checked the zoning on the property with the City Planning
Commission prior to finalizing the purchase; and it is
true that the Zoning Administrator issued a permit for
the sign which should not have occurred, however, such
action is not considered to be a legal permit because of
proffered conditions of the 1986 rezoning on the current
purchaser. He noted that the question has been raised as
to whether the sign could be permitted as a special
exception, advising that there are a multitude of options
available to Council were the petitioner to voluntarily
proffer certain conditions in respect to signage.
Following discussion, Mr. Harvey offered a
substitute motion that the matter be referred back to the
City Planning Commission, with involvement of the City
Attorney, to determine if a mutually satisfactory
agreement can be reached between the City and the
petitioner. The substitute motion the was seconded by
Mr. Musser and adopted.
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,
February 8, 1993, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Guy B.
Merritt, that property located at 2001 Memorial Avenue,
S. W., Official Tax No. 1431325, be rezoned from RM-1,
Residential Multi-Family, Low Density District, to CN,
Neighborhood Commercial District, subject to certain
conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
January 22, 1993, and Friday, January 29, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
Mr. McCadden moved that the following ordinance be
placed upon its first reading:
"AN ORDINANCE to amend Section 36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 143,
Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the applicant.
The motion was seconded by Mr. Harvey.
518
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to place
an existing legal non-conforming use into a conforming
zoning district classification, was before Council.
It was explained that Dr. Merritt appeared before
the City Planning Commission on December 2, 1992, and
stated that his office has been in operation at the same
location for the past 35 years; that if a fire occurred,
he would not be able to rebuild his business; and another
dentist would like to move into the office with him,
however, he was told that could not be permitted under
the current status as a non-conforming use. It was
further explained that at its meeting on December 2,
1992, the Planning Commission voted to table the matter
for 30 days and instructed City staff to meet with the
Commissioner of Revenue and the Zoning Administrator to
discuss the matter.
The City Planning Commission noted that a second
public hearing was held on January 3, 1993, at which time
Daniel F. Layman, Jr., Attorney, advised that he had been
retained as legal counsel by Dr. Merritt.
The report referred to a communication from the
Acting Assistant Zoning Administrator to Dr. Merritt in
which it was stated that after meeting with the
Commissioner of Revenue, the Zoning Department would
issue a Zoning Verification Letter to the Commissioner of
Revenue's Office stating that a second dentist business
license could be issued for the property, subject to a
two-year period while Dr. Merritt's practice is being
assumed or sold to another dentist. It was stated that
Mr. Layman pointed out to the Planning Commission that
while he appreciated the attempt to solve the problem,
the agreement between the business licensing division and
the Zoning Administrator was not a permanent solution to
Dr. Merritt's dilemma.
The City Planning Commission recommended denial of
the requested rezoning finding that the predominant land
use and zoning pattern in the area is residential
supported by an established neighborhood commercial
district, and furthermore, by denying the request for
rezoning the existing residential character of the area
would be preserved and an established land use and zoning
pattern would be maintained.
(For full text, see report on file in the City Clerk's
Office.)
519
Ii
Mr. Layman advised that Dr. Merritt is 70 years old,
he is beginning to experience health problems, and he is
considering the possibility of passing his practice on to
another dentist, however, the non-conforming status of
his property poses a problem in that most lending
institutions will not authorize loans for non-conforming
uses. He stated that Dr. Merritt has practiced in the
old fashioned way which is basically himself as the lone
professional, however, the new method is to have at least
a dental hygienist and/or another dentist which would not
be permitted in the present non-conforming status of the
property because it would represent an intensification of
the non-conforming use. He added that in all likelihood,
most likely there could not be any substantial renovation
of the interior of the structure, therefore, the non-
conformity takes much of the value out of Dr. Merritt's
practice. He explained that the petition comes to
Council with proffered conditions intending to assure
that the property will remain essentially as it presently
exists; that the structure will not be changed on the
outside and any intensification would have to occur
within the bounds of the building; and the structure will
be used only for medical or other professional offices,
all intended to assure that the impact on the
neighborhood will remain basically as it has for the past
35 years.
Mr. Layman pointed out that the Greater Raleigh
Court Civic League has opposed the petition for rezoning,
however, it was his understanding that the five members
of the Executive Committee reached the decision and made
an announcement to the full membership at a later time.
He advised that the position of the residents of the
Raleigh Court area is much better defined by signatures
on a petition signed by 160 residents supporting the
rezoning, as well as petitions signed by 32 owners or
operators of businesses in the Grandin Village business
area which indicates that there is a clear sense that a
dental office is a part of the community, has been a part
of the community for many years, and should remain a part
of the community.
Mr. Layman explained that he reviewed ten years of
records in the City Planning Department beginning in
January 1983 through January 1993, which revealed that 21
petitions were presented to the City requesting that a
non-conforming use be rezoned to a conforming use, 20 of
which were approved, which is indicative of a clear
policy on the part of the City of Roanoke to conform non-
conforming uses when the neighborhood can be assured that
the use will remain the same. He called attention to the
520
basic objection which has been raised that the rezoning
will create a "domino" effect which will cause additional
requests to be filed for rezoning on Memorial Avenue;
whereupon, he pointed out that if that objection is
valid, one would expect that similar requests would have
occurred in other neighborhoods where non-conformities
have been rezoned to conformities. He presented
information in connection with six areas where non-
conforming uses were rezoned to conforming uses in which
it is indicated that there was no change in the zoning
designations of any other properties in those areas, and
there is no evidence of a "domino" effect.
(See Exhibits 1-6 submitted by Mr. La~man on file in the
City Clerk's Office.)
Ms. Teresa D. Robertson, 604 Mountain Avenue, S. W.,
an employee of Dr. Merritt, advised that she circulated
a petition in support of the rezoning throughout the area
and very few residents declined to sign. She stated that
she has known Dr. Merritt for many years, she has been
employed by him for approximately five years, and she
knows of no one who conducts their business or their
personal affairs with more integrity.
Mr. Richard A. Rife, 2301 Lincoln Avenue, S. W.,
advised that rezoning the property is not necessary in
order to accomplish the transition of Dr. Merritt's
dental practice to another dentist, or to transfer title
to the property to another dentist or another
professional practioner. He explained that the zoning
ordinance provides the Board of Zoning Appeals with a
certain amount of latitude in dealing with non-conforming
uses; and Dr. Merritt could go before the Board, explain
his situation, obtain a transition period in order to
bring in a new dentist and transition himself into
retirement which would be legally acceptable to a lending
institution.
Dr. William C. Williams, 3673 Peakwood Drive, S. W.,
advised that he is a retired dentist who practiced in the
Grandin Road area for 35 years and the owner of property
on Grandin Road which is currently used as a dental
office and accounting office. He spoke in support of Dr.
Merritt's request, advising that for 35 years he has been
a good neighbor, an asset to the community and maintained
his property in a manner that is in keeping with the high
standards set by the neighborhood. He stated that being
located on a corner lot, Dr. Merritt's parking lot is so
situated that vehicles can enter and exit from Amherst
Street which is a side street with very little traffic.
521
He added that since Dr. Merritt has gone to a great deal
of expense to alter the building for dental purposes, to
deny him the right to allow a successor to continue the
practice of dentistry at this location seems unfair. He
commented that it is safe to assume that if the lot is
used for office purposes, the present professional,
quiet, refined and harmonious relationship with the
neighborhood will continue; and if the lot is not zoned
for CN designation, Dr. Merritt will end up with a "white
elephant" because he will have a building that will
require considerable expense and time to remodel.
Mr. Robert N. Turcotte, representing approximately
800 members of the Greater Raleigh Court Civic League,
expressed opposition to the rezoning. He stated that the
Civic League supports businesses in appropriate locations
and supports Dr. Merritt's business under the existing
legal non-conforming use permit that his business has
operated under for the past 35 years, and this legal non-
conforming use will pass on to another purchaser so long
as the use of the property is not d~scontinued as a
dentist office. He stated that the property, if zoned
commercial, has the potential to change the residential
character of the structure and could affect the remainder
of properties on the block which could set a precedent
that will cause a "domino" effect down Memorial Avenue.
He advised that a mix of residential and business uses in
the block will cause residents to lose their battle to
restore the block to primarily owner-occupied residences.
He explained that the Greater Raleigh Court Civic League
has extended four separate offers to Dr. Merritt to reach
a compromise on the issue, however, no response has been
received to any of their offers. He stated that denying
the rezoning petition will not cause Dr. Merritt to go
out of business, however, Dr. Merritt is desirous of a
rezoning and will accept no other alternative. In
conclusion, he advised that if the rezoning is approved,
commercial zoning will be intermixed with residential
development in the 2000 block of Memorial Avenue which
has the potential to destroy the entire block and its
residential character.
Mr. Jonathan W. Hartley, 1877 Arlington Road, S. W.,
advised that he is a member of the Neighborhood
Development Review Team of the Greater Raleigh Court
Civic League. He stated that Dr. Merritt's property was
classified as a non-conforming use by the City on two
separate occasions; viz: (1) in 1966 when the zoning
ordinance and zoning map was amended; and (2) in 1987
when the new Commercial Neighborhood District was adopted
using the Raleigh Court and Grandin Road areas as a model
522
which followed the City's Roanoke Vision Plan. He
advised that in 1987, there was an extensive process of
neighborhood participation and Memorial Avenue was
determined to be the dividing line, therefore, Dr.
Merritt's property was intentionally left as a non-
conforming use. In summary, he stated that the petition
for rezoninG is inconsistent with the City's policy and
provisions of the zoninG ordinance, as well as amendments
to the Commercial NeiGhborhood District, and is solely
for the personal gain of Dr. Merritt and to the detriment
of the neighborhood.
Ms. Beth Brooks, 2541 Beverly Boulevard, S. W.,
member of the Board of Directors of the Greater Raleigh
Court Civic League, pointed out that 2001 Memorial Avenue
is presently used for apartments, that Dr. Merritt's
dental office is located in the basement of the
structure, and Dr. Merritt resides in Roanoke County.
She pointed out that the Commissioner of Revenue's Office
has stated that a second dentist business license could
be issued for the location under present zoning for a
period of up to two years to allow for a normal
transition from Dr. Merritt's practice to a succeeding
dentist, to which residents have no objection. She
advised that some residents reported that they were
requested by an employee of Dr. Merritt's to sign a
petition which would allow Dr. Merritt to enlarge the
bathroom facility and install ramps on the building, and
she alluded to a communication from Richard Eakin
indicating that merchants were approached by a member of
Dr. Merritt's staff requesting that they sign a petition
to rezone the property which would enable Dr. Merritt to
remodel the inside of the structure. She filed
communications with the City Clerk from seven property
owners on Memorial Avenue in opposition to the rezoning.
Mr. Turcotte advised that the rezoning is not
necessary in order to accomplish what Dr. Merritt wishes
to achieve; and under the present non-conforming use, Dr.
Merritt can continue operating his business Just as he
has for the past 35 years, he can add another dentist as
approved by the Zoning Administrator, he can obtain two
business licenses for a transition period and drop back
to one license when the new dentist takes over the
practice. He reiterated that a rezoning is not necessary
and the petition should be heard by the Board of Zoning
Appeals as a special exception rather than a rezoning of
the property.
523
Mr. John P. Bradshaw, member of the City Planning
Commission, advised that Dr. Merritt's proffer is that
the existing appearance of the primary structure will
remain single family and used for medical and
professional offices. He stated that his interpretation
is that Dr. Merritt is endeavoring to maximum the intent
of the value of his property. He added that another area
of concern relates to the parking lot which is not a good
parking scenario inasmuch as there is no way to drive in,
turn around and drive out. He stated that when the City
Planning Commission weighed good planning, irrespective
of the history of the individual, it was not a good idea
to rezone the property to CN, and if Dr. Merritt would
like to proffer a single or dual chair dentist office,
such proffer could make a difference in the position of
the City Planning Commission.
Mr. Layman advised that after reading the City
Planning Commission's minutes in which nothing was said
about the proffers, he inquired of the Acting Assistant
Zoning Administrator as to whether or not there was
anything that his client could do to make the request for
rezoning more palatable, and he was told that it was
strictly a question of not going across Memorial Avenue.
He stated that Mr. Bradshaw said nothing about proffers
at the City Planning Commission hearing, and if the
problem relates to the proffers, he would like the
opportunity to engage in further discussion of the matter
with appropriate City staff.
Mr. McCadden offered a substitute motion that the
matter be tabled and referred back to the City Planning
Commission and the City Adminis~ration to determine if a
mutually satisfactory agreement can be reached between
the City, the petitioner and the Greater Raleigh Court
Civic League. The substitute motion was seconded by Mr.
Musser.
Dr. Guy B. Merritt, 2001 Memorial Avenue, S. W.,
advised that a new dentist cannot obtain malpractice
insurance or a loan from a lending institution with the
restrictions presently imposed on the property by the
City.
The substitute motion was adopted, Council Member
Harvey abstained from voting inasmuch as he owns property
on Memorial Avenue.
524
AC~ION~
AIRPORT-STREETSANDALLEYS: Council at its regular
meeting on Monday, January 11, 1993, having continued a
public hearing on the request of Mr. and Mrs. James L.
Cross that a 672 foot section of Barns Avenue, N. W.,
extending in an easterly direction from an existing
barricade at Peters Creek Road, be permanently vacated,
discontinued and closed, the matter was again before the
body.
A Joint communication from James L. Cross,
petitioner, and Jacqueline L. Shuck, Executive Director,
Roanoke Regional Airport Commission, requesting that the
public hearing be continued until the regular meeting of
Council on Monday, March 8, 1993, to enable the Airport
Commission and the petitioner to continue discussions in
an effort to resolve certain boundary issues that have
arisen relative to the closure, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Harvey moved that the public hearing be
continued until the regular meeting of Council on Monday,
March 8, 1993, at 7:30 p.m., or as soon thereafter as the
matter may be heard. The motion was seconded by Mrs.
Bowles and adopted.
At 9:10 p.m., the Mayor declared the meeting in
recess.
At 9:15 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Vice-
Mayor Fitzpatrick.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council. He
advised that Jonathan M. Apgar, 2319 Carter Road, S. W.,
had requested that Item C-2, a status report of the City
Manager with regard to a petition submitted by residents
of Carter Road and Laburnum Avenue, S. W., requesting
installation of stop signs on Carter Road at the
525
ACTION=
intersections of York, Avenel and Laburnum Avenues be
withdrawn from the Consent Agenda and considered
separately; whereupon, the Council, by unanimous consent,
concurred in the request.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None -0.
(Vice-Mayor Fitzpatrick was absent.)
COMPLAINTS-TRAFFIC: Mr. Jonathan M. Apgar, 2311
Carter Road, S. W., representing certain Carter Road
residents, advised that a meeting was held with City
officials to review a report concerning alternatives
suggested by the City in connection with a request for
stop signs at certain strategic locations in the Carter
Road area. He explained that the volume of non-
residential traffic, or cut-through traffic, is estimated
by the City to be 1,000 vehicles per day which
demonstrates that residents were not overstating the
problem. Secondly, he stated that the City has made
reference to five alternatives to a stop sign, however,
none of the alternatives are recommended by City staff
because of the unknown impact on other neighborhoods and
streets and the unknown consensus of citizens of the
Carter Road area. He advised that residents have
requested a series of stop signs, especially at the most
526
ACTION=
critical intersection of Avenel Avenue. He pointed out
that it appears that an agreement cannot be reached with
the City Manager's Office because of a policy that
opposes installation of stop signs for volume and speed
control.
Mr. Harvey commented out that the City Manager had
previously requested that his report be withdrawn from
the Consent Agenda, and moved that action on the matter
be tabled until the next regular meeting of Council on
Monday, February 16, 1993, at 2:00 p.m. The motion was
seconded by Mr. McCadden and adopted.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT:
Mr. Kenneth C. King, Chairperson, Virginia Amateur
Sports, Inc., expressed appreciation on behalf of
Virginia Amateur Sports for the City's assistance in
connection with the Virginia Commonwealth Games which,
since their inception, have provided the opportunity to
promote premier sporting events in the Roanoke Valley for
the enjoyment of all Virginians. He stated that the
City's financial support of $30,000.00 and in-kind
services of more than $20,000.00 has enhanced the ability
to provide a quality, olympic-style sports festival for
over 16,000 athletes during the past three years. He
further stated that the economic impact of the
Commonwealth Games has been significant; that in 1992,
total visitor expenditures, room nights and tax revenues
from all game events exceeded $4.2 million, and
expenditures for 1993 are expected to increase when over
7,500 athletes will participate in 40 sporting events
during the extended weekend of July 14 - 19.
Without objection by Council, the Mayor advised that
Mr. King's remarks would be received and filed and made
a part of the official record.
BUDGET-SCHOOLS: Mr. J. Mason Powell, Executive
Vice-President of the Roanoke Education Association, read
a prepared statement with regard to compensation for
Roanoke's school teachers.
Mr. Powell advised that past salary increases make
those who work on the front lines feel that they are not
receiving adequate and equitable financial attention from
the leaders of the City of Roanoke, and their salaries
should adequately reflect the increasing responsibilities
527
in modern society and should offset the ravages of
inflation. He stated that in his January 11, 1993,
address to Council, in a misguided attempt to help
Administrators locate funds that might be applied to
salaries, he complained of hundreds of thousands of
dollars wasted within the school system. He apologized
for having mis-spoken, advising that his statement was
the result of perceptions related to him by educators
speaking as individuals, and he had no hard data to
support any total dollar amount.
Mr. Powell pointed out that teachers appreciate
Council's efforts to pick up some of the slack created by
Federal and State inadequacies in funding public
education; that the latest word from Richmond is that the
House of Representatives is looking at only $165,875.00
for Roanoke education with a mandated 2.0 per cent raise
for classroom teachers; that the Senate is looking
instead at $302,118.00, or a 3.1 per cent raise, for
those positions funded by the State, and this figure will
probably approximate a possible 2.0 ~er cent for
classroom teachers, but allocation of the funds to
employee salaries is not mandated and, in other words,
little help can be expected from the State.
Mr. Powell noted that in the last 12 years, Roanoke
City teachers have fallen from first to last place
locally in average salaries. He stated that it is felt
that the School Board will do its best to include
adequate salaries in the budget for teachers, but the
Board will be limited by law to ask for no more than
Council will fund, therefore, teachers appeal to Council
to insure that funds which are allocated to the School
budget include amounts for adequate and fair employee
raises.
(For full text, see statement on file in the City Clerk's
Office.)
Without objection by Council, the Mayor advised that
Mr. Powell's remarks would be received and filed and made
a part of the official record.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
528
ITEMS RECOMMENDED FOR ACTION:
STREETS AND ALLEYS-STATE HIGHWAYS-TRAFFIC: The
Assistant City Manager submitted a written report of the
City Manager with regard to street inventory for State
maintenance payment eligibility, advising that the Code
of Virginia (1950), as amended, established the
eligibility criteria of localities for receiving funds
from the Virginia Department of Transportation (VDOT) for
street maintenance; that two functional classifications
of highways, Principal/Minor Arterials and Collector/
Locals are specified, and a base payment rate per lane
mile is established for each classification of roadway;
that rates are adjusted annually by VDOT based upon a
Statewide maintenance index of unit costs for labor,
equipment and materials used by VDOT on roads and
bridges; that City eligibility for fiscal year 1992-93 is
approximately $6,137,440.00 in street maintenance
payments from VDOT; and said funds are used for
maintenance expenditures incurred by the City for
streets, sidewalks, curb and gutter, traffic signals,
bridges, signs and pavement markings.
It was further advised that inventory additions need
to be submitted to the Virginia Department of
Transportation prior to April 1, 1993, in order to be
eligible for payment for the next fiscal year; that
additions are to be submitted on VDOT forms with an
accompanying resolution from Council; that City staff
found that a list of certain streets should be submitted
to VDOT before April 1, 1993, to enable eligibility for
payment in the next fiscal year; and approval of an
addition to the street inventory could add $4,643.00 at
current year payment rates, said changes having occurred
within the past year.
The City Manager recommended that Council authorize
a proposed list of streets to be submitted to the
Virginia Department of Transportation for approval by the
Commonwealth Transportation Board to enable State
Maintenance Payment eligibility.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31338-020893) A RESOLUTION authorizing the City
Manager to submit a street inventory for State
maintenance payment eligibility to the Virginia
Department of Transportation (VDOT), upon forms
529
I1
ACTION=
prescribed by VDOT for approval by the Commonwealth
Transportation Board in order to ensure the City's
eligibility for an increase in State maintenance funds.
(For full text of Resolution, see Resolution Book No. 54,
page 358.)
Mrs. Bowles moved the adoption of Resolution No.
31338-020893. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
PURCHASE/SALE OF PROPERTY-EASEMENTS-APPALACHIAN
POWER COMPANY-NORFOLK SOUTHERN CORPORATION-UTILITIES-
ROANOKE GAS COMPANY-WATER RESOURCES: The Assistant City
Manager submitted a written report of the City Manager
with regard to Carvins Cove Filter Plant, Phase I & II,
Water Line Land Acquisition, advising that a construction
contract has been awarded to Crowder Construction for
Phase I work at the Carvins Cove Filter Plant, which
includes all improvements at the Filter Plant site and
the Carvins Cove Dam, however, the contractor has been
instructed to avoid certain portions of the project until
several land acquisition issues have been resolved; that
final plans for Phase II, waterline improvements, are
under final review by the State Health Department; and
Council approved acquisition of 65 parcels of land needed
for Carvins Cove Filter Plant Improvements on October 26,
1992, and, in addition, authorized the transfer of
$250,000.00 for land acquisition expenses.
It was further advised that the Virginia Department
of Transportation placed a number of restrictions on the
City's Land Use Permits for construction within VDOT's
right-of-way which forced the City to realign portions of
the waterline in Roanoke County; that said relocation
requires acquisition of parcels not originally authorized
by Council; that in addition, City staff reviewed the
numbar of temporary easements originally required and was
able to reduce the overall number of required easements;
that Norfolk Southern Corporation permits are required
for several railroad crossings which require annual
payments to the railroad for use of right-of-way, and
Council's authorization of permits is required; that
plats developed for Phase I easements identified an
530
ACTION:
Appalachian Power easement and a Roanoke Gas easement
which require the City to execute an agreement with
Appalachian Power Company and Roanoke Gas Company; and
Council's authorization is necessary in order for the
said agreements to be executed by the City Manager.
The City Manager recommended that Council approve
acquisition of 47 easements and one fee simple parcel as
outlined on Attachment No. 1 of the report; and that the
City Manager be authorized to execute, in forms to be
approved by the City Attorney, permits with Norfolk
Southern Corporation and agreements with Appalachian
Power Company and Roanoke Gas Company.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency
ordinance:
(#31339-020893) AN ORDINANCE providing for the
acquisition of real estate needed by the City for the
construction of the Carvins Cove Filter Plant
Improvements, Phase I and II; authorizing the City
Manager to enter into permits and agreements needed by
the City for the Carvins Cove Filter Plant Improvements,
Phase I and II; authorizing the City Manager to fix a
certain limit on the consideration to be offered by the
City; providing for the City's acquisition of such real
estate by condemnation, under certain circumstances;
authorizing the City to make motion for the award of a
right of entry on any of the parcels for the purpose of
com~encing the project; directing the mailing of this
ordinance to the property owners; providing for repeal of
Ordinance No. 31223-102692; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 358.)
Mr. Musser moved the adoption of Ordinance No.
31339-020893. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
531
BUILDINGS/BUILDING DEPARTMENT-BUDGET-PUBLIC WORKS-
EQUIPMENT-WATER RESOURCES-STREETS AND ALLEYS: The
Assistant City Manager submitted a written report of the
City Manager advising that Capital Maintenance and
Equipment Replacement needs have been identified for
various departments, and certain trucks and related
equipment are necessary to continue to perform assigned
duties and responsibilities in the most efficient and
effective manner, therefore, bids were received on
January 12, 1993, for vehicles to be used by the Building
Maintenance, Street Maintenance, Grounds Maintenance and
Water Departments.
The City Manager recommended that Council accept the
following bids and reject all other bids received by the
City:
One new one-half ton four wheel
drive full size pickup truck
extended cab model from Berglund
Chevrolet, Inc., for a total amount
of $14,928.64.
One new three-fourths ton full size
pickup truck from Pinkerton
Chevrolet-Geo, Inc., for a total
amount of $12,330.88.
Three new three-fourths ton pickup
truck cab/chassis from Berglund
Chevrolet, Inc., for a total amount
of $37,265.61.
One new one-half ton four wheel
drive full size pickup truck from
Berglund Chevrolet, Inc., for a
total amount of $13,750.68.
Two new step vans from Pinkerton
Chevrolet-Geo, Inc., for a total
amount of $33,155.22.
Two new mid size pickup trucks from
Magic City Motor Corporation, for a
total amount of $19,122.16.
One new three-fourths ton cargo van
from Berglund Chevrolet, Inc., for a
total amount of $10,975.08.
532
ACTION:
One new one-half ton pickup truck
from Berglund Chevrolet, Inc., for a
total amount of $10,931.36.
The City Manager further recommended that funding be
provided as follows:
appropriate $14,928.64 from Water Department
Retained Earnings Account to Water Department,
Account No. 002-056-2178-9010, to allow for
the purchase of Item #1; and
$137,530.99 is available in the Fleet
Management Fund, Account No. 006-052-2641-
9010, for purchase of the remaining items.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31340-020893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 360.)
Mr. Harvey moved the adoption of Ordinance No.
31340-020893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, and Bowles .... 5.
~YS: None 0.
(Vice-Mayor Fitzpatrick
abstained from voting.)
was absent.)(Mayor Bowers
Mr. Harvey offered the following resolution:
(#31341-020893) A RESOLUTION accepting bids for
certain vehicular equipment, and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 54,
page 361.)
533
ACTION:
Mr. Harvey moved the adoption of Resolution No.
31341-020893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, and Bowles 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick
abstained from voting.)
was absent.)(Mayor Bowers
CITY ATTORNEY:
HOUSING/AUTHORITY-COMMITTEES: The City Attorney
submitted a written report advising that Jack Loeb,
Commissioner, City of Roanoke Redevelopment and Housing
Authority, has moved his residence out of the City of
Roanoke; that at the request of the City Clerk, his
office had researched the matter and could find no bar to
Mr. Loeb's continued service on the Board of the Roanoke
Redevelopment and Housing Authority as long as Council
waives the City's residency requirement which is
established by Section 2-281(b), Code of the City of
Roanoke (1979), as amended; and inasmuch as the Board of
Commissioners exercises significant legal authorities, it
is recommended that such waiver be memorialized by
adoption of a resolution.
(For full text, see report on file in the City Clerk's
Office.)
The Mayor advised that it was the consensus of
Council that the matter would be discussed in Executive
Session as a part of his request to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-INDUSTRIES-
WATER RESOURCES: Ordinance No. 31328-020893 declaring a
certain structure known as the former "Conner ~ouse"
located in the Roanoke Centre for Industry and Technology
surplus and authorizing its removal, as more fully set
forth in a report of the Water Resources Committee dated
534
February 1, 1993, having previously been before the
Council for its first reading on Monday, February 1,
1993, read and adopted on its first reading and laid
over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#31328-020893) AN ORDINANCE declaring a certain
structure located in the Roanoke Centre for Industry and
Technology surplus and authorizing its removal.
(For full text of Ordinance, see Ordinance Book No. 54,
page 354.)
Mrs. Bowles moved the adoption of Ordinance No.
31328-020893. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
EASEMENTS-CITY PROPERTY-TOWNE SQUARE/HUNTING HILLS-
UTILITIES-WATER RESOURCES: Ordinance No. 31329-020893
authorizing relocation, vacation, and dedication of
certain public utility easements at two separate shopping
centers located in the City of Roanoke; viz: vacation of
approximately 260 linear feet of an existing 20' wide
waterline easement, and dedication of approximately 440
linear feet of a 15' wide waterline easement, located on
Parcels 10 and 11 at Towne Square; and dedication of
approximately 2,730 linear feet of a 15' wide waterline
easement, located across property owned byFaison Hunting
Hills Limited Partnership, as more particularly described
in a report of the Water Resources Committee dated
February 1, 1993, having previou~ly been before the
Council for its first reading on Monday, February 1,
1993, read and adopted on its first reading and laid
over, was again before the body, Mr. Musser offering the
following for its second reading and final adoption:
(#31329-020893) AN ORDINANCE authorizing the
relocation, vacation, and dedication of certain public
utility easements at two separate shopping centers
located in the City of Roanoke, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 355.)
535
ACTION:
ACTION=
Mr. Musser moved the adoption of Ordinance No.
31329-020893. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None- -0.
(Vice-Mayor Fitzpatrick was absent.)
EASEMENTS-C AND P TELEPHONE COMPANY-SCHOOLS-WATER
RESOURCES: Ordinance No. 31330-020893 authorizing a 15'
x 15' utility easement to C & P Telephone Company upon
the northwest corner of the Westside Elementary School
site located on the southwest side of Hershberger Road,
N. W., approximately 300 feet east of its intersection
with Westside Boulevard to provide for the relocation of
C & P Telephone Company's equipment cabinet, as more
particularly set forth in a report of the Water Resources
Committee under date of February 1, 1993, across property
located at Westside Elementary School, upon certain terms
and conditions, having previously been before the Council
for its first reading on Monday, February 1, 1993, read
and adopted on its first reading and laid over, was again
before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#31330-020893) AN ORDINANCE authorizing the
granting of an easement to C & P Telephone Company across
property located at Westside Elementary School, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 355.)
Mrs. Bowles moved the adoption of Ordinance No.
31330-020893. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
CITY PROPERTY-Y.M.C.A.-SCHOOLS-WATER RESOURCES:
Ordinance No. 31331-020893 authorizing and directing the
proper City officials to enter into a lease between the
City, the School Board of the City of Roanoke and the
536
ACTION:
Young Men's Christian Association of Roanoke, Virginia,
for use of the Jefferson High School gymnasium, for a
period of one year, renewable on a year-to-year basis
with the consent of the lessor, for a total lease term
not to exceed five years in exchange for nominal rent and
payment of utilities and janitorial services by the
lessee, having previously been before the Council for its
first reading on Monday, February 1, 1993, read and
adopted on its first reading and laid over, was again
before the body, Mr. Harvey offering the following for
its second reading and final adoption:
(#31331-020893) AN ORDINANCE authorizing and
directing the proper City officials to enter into a lease
between the City, the School Board of the City of Roanoke
and the Young Men's Christian Association of Roanoke,
Virginia, for use of the Jefferson High School gymnasium,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 356.)
Mr. Harvey moved the adoption of Ordinance No.
31331-020893. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers ---6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
EASEMENTS-SPECIALPERMITS-UTILITIES-WATERRESOURCES:
Ordinance No. 31332-020893 authorizing the abandonment of
a certain ten foot wide public utility easement on
property owned by Gary W. and Scarlet L. Fitzgerald,
located on Lot 3, Original Block 2 of S. J. Jones
subdivision of "Radford Lands", Official Tax No. 4400514,
extending from Ventnor Street to the center of the block,
to enable the property owners to utilize this portion of
their real estate, upon certain terms and conditions, as
more particularly set forth in a report of the Water
Resources Committee under date of February 1, 1993,
having previously been before the Council for its first
reading on Monday, February 1, 1993, read and adopted on
its first reading and laid over, was again before the
body, Mr. Musser offering the following for its second
reading and final adoption:
537
ACTION:
(#31332-020893) AN ORDINANCE authorizing the
abandonment of a certain ten foot wide public utility
easement located on property owned by Gary W. and
Scarlet L. Fitzgerald, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 357.)
Mr. Musser moved the adoption of Ordinance No.
31332-020893. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Mayor Bowers ---6.
NAYS: None. 0.
(Vice-Mayor Fitzpatrick was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AI%~/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
MISCELLANEOUS-COUNCIL-CITY GOVERNMENT-HUMAN
DEVELOPMENT: Council Member Harvey requested that the
City Manager report to Council with regard to the City
rendering assistance to Roanoke City residents who have
lost their Jobs, or are about to lose their Jobs, through
the following:
tuition payment assistance for those
persons returning to school,
involvement of the local business
community whereby they would supply
Job listings,
establishment of a "hot line" for
use by persons who have or are about
to lose their Job, and
investigation
State programs
assistance.
of Federal and/or
to provide funding
CITY JAIL: A communication from the Honorable
Roy B. Willett, Judge, on behalf of the five Judges of
Roanoke's Twenty-Third Judicial Circuit Court, with
regard to overcrowding at the Roanoke City Jail, advising
that the Judges have strongly supported Sheriff W. Alvin
538
Hudson In his efforts to address responsibly this grave
problem; and they along with the Judges of the district
courts and the law enforcement community, recognize
acutely the real public safety concerns that exist
because the Jail routinely holds many more prisoners than
the facility was meant to accommodate, and many of the
prisoners are serving penitentiary sentences for felonies
which, when the Jail was designed and until recently,
would' have meant prompt transportation to a
classification facility of the Department of Corrections,
was before Council.
Judge Wlllett stated that the Judges strongly
support Council's efforts to proceed as rapidly as
possible with plans to relieve the crisis at the Jail
whether those plans involve purchase or construction of
a Jail annex, other facility expansion, or creation and
construction of a Jail farm.
June Willett explained that the Judges, like the
Members of Council, must be sensitive to the apparent
fact that the Jail, at its present inmate level, may
operate in a manner contrary to applicable fire, health,
and safety regulations; that the Sheriff has made clear
the potential dangers to his staff, to inmates, and the
public at-large and it is realized that neither the
governing body nor the Judiciary can long countenance
such a state of affairs; therefore, the Judges of the
Twenty-Third Judicial Circuit strongly support Council,
Sheriff Hudson and the City Administration in efforts to
address this crisis quickly and effectively.
(For full text, see communication on file in the City
Clerk's Office.)
Without objection by Council, the Mayor advised that
the conmluntcation would be received and filed and made a
part of the official record.
OTHER HEARINGS OF CITIZENS:
PROCLAMATIONS-COUNCIL-MISCELLANEOUS: Ms. Rose
Harrison, 2329 Winthrop Avenue, S. W., representing the
Plowshare Peace and Justice Center, requested that
Friday, February 12, 1993, be declared a day of
democracy, reconciliation and peace for Haiti, and in the
case of continued repression in Haiti, that the City of
Roanoke be designated as a sanctuary city for the people
who are forced to flee.
539
ACTION:
The Mayor explained that it is Council's policy not
to become involved in national issues; whereupon, he
advised that the remarks of Ms. Harrison would be
received and filed, and the Mayor's Office would be
willing to consider the issuance of an appropriate
proclamation.
At 9:55 p.m., the Mayor declared the meeting in
recess.
At 10:15 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Vice-
Mayor Fitzpatrick.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Muss.r,
White, Bowles and Mayor Bowers 6.
NAYS: None
(Vice-Mayor Fitzpatrick was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 10:16 p.m.
APPROVED
City Clerk
540
SPECIAL SESSION ROANOKE CITY COUNCIL
February 10, 1993
8:30 a.m.
The Council of the City of Roanoke met in special session on
Wednesday, February 10, 1993, at 8:30 a.m., in the United Way Board
Room, 325 Campbell Avenue, S. W., pursuant to Section 10, Meetings
of Council, of the Roanoke City Charter, with Mayor David A. Bowers
presiding.
PRESENT: Council Members Elizabeth T. Bowles, Delvis O.
McCadden (left at 9:35 a.m., and returned at 10:30 a.m.), Howard E.
Musser, William White, Sr. (arrived at 9:45 a.m.), and Mayor
David A. Bowers ..... 5.
ABSENT: Council Members Beverly T. Fitzpatrick, Jr., and
James G. Harvey, II ........ 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk; Robert H. Bird, Municipal Auditor; Wlllard N.
Claytor, Director of Real Estate Valuation.
OTHERS PRESENT: Kit B. Kiser, Director of Utilities and
Operations; George C. Snead, Jr., Director of Public Safety;
William F. Clark, Director of Public Works; Barry L. Key, Manager,
Office of Management and Budget; Corinne B. Gott, Acting Director,
Human Development; W. Alvin Hudson, Sheriff; Major George M.
McMlllan, Brian J. Wlshneff, Chief, Economic Development; Diane S.
Akers, Budget Administrator, Office of Management and Budget; and
Tamasin Roop, Budget/Management Analyst, Office of Management and
Budget.
The meeting was opened with a prayer by Mayor Bowers.
The Mayor referred to the following communication calling the
special meeting:
"February 4, 1993
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
541
,!
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the Roanoke City
Charter, I am calling a special meeting of Council on Wednesday,
February 10, 1993, at 8:30 a.m., tn the United Way Board Room, 325
Campbell Avenue, S. W. The purpose of the meeting will be to
discuss the City's Capital Improvements Program.
Sincerely,
S/David A. Bowers
David A. Bowers
Mayor"
COUNCIL-CAPITAL IMPROVEMENT PROGRAM: Mayor Bowers advised
that from the summit process conducted during his first months in
office, it appeared that tourism was a main issue with the
citizens. He complimented the Members of Council and the City
Administration for preparing the financial package for the Hotel
Roanoke and Conference Center, advising that the project continues
to be the City's number one priority. He called attention to other
important issues and projects to be presented, noting that he
welcomed ideas and suggestions, and likewise requested
consideration of his ideas concerning tourism, improvements to the
Transportation Museum, the downtown streetcar, and AMTRAK service
to the Roanoke Valley. He asked that Council give consideration
with regard to how Roanoke might proceed into the future in a way
never dol%e before in order to become the tourism center of western
Virginia.
The City Manager reviewed written opening comments and a
written Comparison of Debt Service Expenditures for Virginia
Localities - Fiscal Year 1990-91, advising that the goals of the
meeting are to (1) review the status of projects in the current
Capital Improvement Program which Council adopted on February 5,
1990, (2) review the status of other capital projects which Council
has approved subsequent to adoption of the Capital Improvement
Program, (3) review other currently unfunded capital needs, and (4)
discuss several funding options in order to address capital needs.
(See notebook entitled, "Presentation to City Council, Capital
Improvement Program, Fiscal Years 1993 to 1996, February 10, 1993"
on file in the City Clerk's Office. Throughout the following
minutes, references will be made to documents included in the
abovereferenced notebook.)
The City Manager explained that there was discussion with
regard to inviting the City Planning Commission to attend the
session; however, it was determined that it might be more
advantageous to have the Planning Commission participate in the
542
upcoming session scheduled for March 11; and the City Planning
Commission will be briefed on the highlights of the meeting.
Current Status of Capital Improvement Program
Barry L. Key, Manager, Office of Management and Budgst,
reviewed the form of the blue spreadsheet pages contained in the
Capital Improvement Program notebook, advising that each page
contained the following three categories:
(1)
Projects Included in Previous CIP: an update
on the status of projects approved when
Council adopted the Capital Improvement
Program in February 1990;
(2) Projects Approved After CIP Adoption: projects
Council has subsequently approved; and
(3) Other Projects; projects under consideration
at this point.
Mr. Key advised that the information was not all-inclusive;
that projects not listed in the written material would be discussed
later during the meeting; and a specific presentation would be made
on the following projects:
Jail Annex
Juvenile Detention Home Expansion
Downtown Project - Atrium and Pedestrian Walkway
Roanoke Centre for Industry and Technology Expansion
Conference Center
Land Purchase
Neighborhood Storm Drains Priority II
Roanoke River Flood Reduction Project
Curb, Gutter and Sidewalk
VDOTHighway Projects - City/State
Bridge Maintenance/Replacement Program
Traffic Signals - Installation of New Signals
Sewershed Infiltration/Inflow Removal Program
Wastewater Treatment Needs
Carvins Cove Filter Plant
As a guideline, the Acting Director of Finance advised that if
Roanoke were like the average city, $3 million more in debt service
would be spent every year, which equates to $30 million in bonds.
Mr. Key revlewed each of the spreadsheet pages, with the
following additional comments:
543
10.
Page 1
Campbell Avenue Historical Buildings: now
inactive but originally intended for use as
fire and water administrative offices which
have now been redirected to the Jefferson
Center.
Jail - 2nd Floor Inflll: a project to
complete the last remaining pod in the jail is
scheduled for completion in March 1993.
Jail Annex: there is a moratorium on funding
by the Commonwealth of Virginia that will
hopefully be lifted during the General
Assembly Session; the City may be able to
receive 25 per cent reimbursement on total
project cost, however, it would require at
minimum a future bond issue of $4.8 million.
Juvenile Detention Home Expansion: a
moratorium exists on State funding for this
project from a different source of funds than
the Jail; and some time in the future, the
City could receive the 50 per cent
reimbursement, however, a future $1.5 million
bond issue would be required.
Page 3
Neighborhood Parks Improvements: includes
improvements to approximately nine park sites
throughout the City.
Page 4
Elementary School Modernization/Renovation:
includes seven elementary schools, with only
Morningside and Wasena Elementary Schools
requiring renovations after this year, for a
total project cost for all seven schools
estimated at approximately $16.1 million.
Removal of Asbestos Materials: Mr. Musser
inquired if encapsulation of asbestos rather
than removal is a viable alternative;
whereupon, it was explained that the
Environmental Protection Agency will permit
encapsulation only in an area not subject to
student movement, and in building renovation
projects, removal is required.
544
Secondary School Modernization: intended to
provide engineering design work to accurately
develop construction and improvement costs for
certain secondary schools.
Page 5
Statesman Industrial Park: The City Manager
advised that the City is in the process of
acquiring right-of-way, to be followed by
advertisement for bids; curb and gutter will
be bid as an alternate.
Page 6
Emergency Vehicle Traffic Signal Preemption
Program: funds will be available to complete
approximately 76 of the 131 intersections.
Traffic Signals - Replacement: includes funds
for approximately six intersections per year.
13.
Bridge Maintenance/Replacement Program:
approximately ten bridges require attention at
the present time.
Page
10.
Decant Line Replacement:
which drains water off
larger capacity line.
replaces the line
the sludge with a
Page 9
13.
Water Leak Survey: provides for a study to
investigate the water distribution system, to
identify losses and to make recommendations on
corrective actions.
The City Manager reiterated that' the projects listed in the
written material have been authorized by Council, some have been
authorized for funding, others are waiting for funding, and the
City is potentially under court order to complete certain projects.
He explained that the purpose of the material is to provide Council
with a base understanding of which projects have been approved, the
status of the projects, and whether or.not the City Administration
is aware of potential problems with projects coming tn over the
budget estimate. :
545
,!
If there is a need for a bond referendum, Mrs. Bowles
expressed the importance of educating the citizens on which
projects have been completed, as well as those projects that have
been accomplished for the betterment of the neighborhoods.
In the event that there are considerable funds targeted for a
specific project that is not scheduled to be instituted for several
years, Mr. Musser inquired if the funds could be utilized now and
the bonds incurred later; whereupon, the City Manager advised that
the City has a certain amount of flexibility, but would have to
proceed upon the assumption that the bonds would be sold for
another project inasmuch as bonds cannot be sold for undescribed
improvements.
VI. Presentations on Specific Projects
Hotel Roanoke Conference Center
The City Manager advised that on numerous occasions, Council
has spent considerable time on the project and is thoroughly
cognizant of all aspects, and unless Council had specific
questions, he would proceed to the next item inasmuch as there was
no additional information to report.
Jail Annex
George C. Snead, Jr., Director of Public Safety, advised that
in conjunction with Sheriff W. Alvin Hudson, the following points
would be covered: (1) overcrowding in the Jail facility, (2) City
Code sections pertaining to the State's relationship with local
government and Jail facilities, (3) a model of the Jail annex
project, and (4) the process to be followed by local government in
order to receive State reimbursement on the project.
Mr. Snead advised that the current Jail facility was opened in
June 1979, with a capacity for 204 inmates; and general population
cells were single bunks and the facility contained three pods in
shell form only which were not functional. He explained that by
1985, the general inmate population had increased to the point
where the general population cells on the second floor were double
bunked; and by September 1987, two of the existing shell pods were
retro-fitted and double bunked.
Mr. Snead stated that in 1990, an amendment by the Virginia
General Assembly to Section 53.1-20 of the Code of Virginia, 1950,
as amended, had a significant impact on local Jails across the
State, because it essentially changed the length of time that the
Department of Corrections could allow felons to remain in a local
facility, and if the felon received more than a 12 month sentence,
they were moved to a State medium or maximum facility. He added
that on July 1, 1991, the State Code amendment increased the time
546
that convicted felons could serve in local Jails to six years,
which had a significant effect on the number of felons the City was
housing; and according to legislation, the incarceration time is
supposed to yearly descend by 1995 to a two-year sentence served in
a local Jail, and if the sentence is greater than two years, the
prisoner is to be transferred to a State facility. He stated that
the Sheriff has emphasized that there is a loophole in the
legislation which allows the Governor and the Director of the
Department of Corrections to make certain changes.
Mr. Snead explained that currently the third unfinished pod is
under construction and completion is scheduled for March 1993,
which will provide an additional 42 beds; and the City and the
Federal government funded the project, with no State funds. He
stated that with inmates sleeping on the floor in a number of the
general population cells and auxiliary areas, and with double
bunking in all the general population cells, there is currently a
capacity for 473 beds in the Jail facility; and the needs
assessment study prepared by the Sheriff's Department in the last
six weeks has projected inmate population to be 556 at the end of
the current fiscal year, therefore, action needs to be taken.
Mr. Snead pointed out that the Judges on all three court
levels and the Commonwealth's Attorney have worked with diversion
options other than direct incarceration; that seven diversion
options exist in the Roanoke Valley, with the Community Incentive
Diversion Program being the most familiar and the most commonly
used; and if the Judges had not relied on these options in lieu of
incarceration, Jail population over the past six months could have
included on the average of an additional 142 inmates.
Mr. Snead called attention to the following State Code
requirements: Section 15.1-257 which states that the governing body
of every city shall provide a Jail, the cost of which including
land and upkeep shall be chargeable to the city; Title 53.1 which
deals most frequently with the Department of Corrections and its
relationship with local government and local Jails; and Section
53.1-60 which states that the Board of Corrections shall establish
minimum standards for the construction, equipping, administration
and operation of local correctional facilities.
Question was raised as to the definition of a State prisoner
versus a local prisoner; whereupon, Sheriff Hudson e~platned that
a State prisoner is a convicted felon with a one year or more
sentence, and an individual with a sentence of 12 months is
considered to be a local prisoner. The Sheriff advised that many
of the prisoners involved in the Community Incentive Diversion
Program would be considered State prisoners; that there is an
average of a 14 per cent increase of prisoners going into Jails
throughout the State per year; that there is no way the State can
move its prisoners according to legislated time schedules in view
547
,!
of this increase and the fact that the State's building program
only replaces old facilities with new structures, and does not
enlarge facilities to any great extent that would affect local
Jails. He called attention to his efforts to increase funds
received from the State for housing State prisoners.
Mr. Snead advised that Hayes, Seay, Mattern & Mattern,
Architects, Engineers and Planners, was employed by the City to
prepare a feasibility study of extending the existing Jail facility
to the west encompassing the Datasafe Building and the Miller
Morgan Building; and the City Manager noted that other expansion
ideas were explored. Sheriff Hudson explained details of the
proposed expansion plans, using a model of the proposed project.
He stated that he worked very closely with the architect in an
effort to utilize existing facilities and services such as the
laundry, kitchen, library, and support services; that costs
involved with other ideas were considered prohibitive; and because
of overcrowding in the present facility, it is almost impossible to
provide the services required by law in order for the Jail to be
certified by the State.
Mr. Snead advised that the Sheriff's Department has prepared
a thorough Needs Assessment Study which is required in order for
the City to be reimbursed by the State; that the Department of
Corrections must be notified by June i in order to include the
project and potential reimbursement in the Governor's budget for
the next funding year; that the notification must be in writing and
include: (1) a needs assessment, (2) a resolution from the local
governing body, (3) an estimate of the requested reimbursement, and
(4) a planning study for the particular project. He explained that
the City is in the process of preparing the planning study and
procuring appropriate professional assistance. He noted that
although the State Code provides in one area that reimbursement is
possible up to one-half the cost of a project, there is a ceiling
of $1.2 million on the amount of reimbursement, and the City can
expect in the range of $900,000.00 to $1.2 million potential
reimbursement on this $7 million project.
At approximately this point, Mr. McCadden left the meeting.
Juvenile Detention Home Expansion
James D. Ritchie, Sr., Assistant City Manager, advised that
there is a serious overcrowding problem at the Juvenile Detention
Home; that the structure is a 21 bed facility and over-utilization
has gone far beyond projections, with approximately 30 Juveniles
per day at the Detention Home. He stated that the Superintendent
of the Juvenile Detention Home has advised the courts that he could
not guarantee the safety of housing over 30 children and therefore,
548
the Judges have been cooperative by permitting the City to find
space in other detention facilities across the State, or by
releasing a Juvenile, however, it is not known how much longer the
courts will be willing to continue this practice.
At approximately this point, Mr. White entered the meeting.
Mr. Ritchie stated that in 1992, the Juvenile Home operated at
118 per cent utilization; that to this point in 1993, the facility
is operating at 124 per cent; that the City has paid in excess of
$50,000.00 to other localities to house Juveniles in their
detention facilities, and that avenue will be closed over time
because other localities are experiencing the same problems as
Roanoke City; and other Juvenile facilities utilized by the City
are located in the New River Valley, and the cities of Lynchburg,
Staunton and Bristol. He advised that in addition to the per diem
cost of housing Juveniles, there is a considerable cost to the
Sheriff's Department for transportation; that approximately 90 per
cent of the population represents City residents; that the City
contracts with Roanoke County, Salem and Botetourt to house their
Juveniles; and going into a weekend period, an attempt is made to
save space for City Juveniles.
Mr. Ritchie noted that there has been an ongoing effort to
seek State approval for the enlargement; that in the past, the
State has paid 50 per cent of construction costs with no cap; that
this is a different source of funds from the jail project, however,
currently there is also a moratorium on juvenile detention
facilities; and the City's 1993 Legislative Program contained a
request that the moratorium be lifted. He stated that the City has
been requested by the State Department of Youth and Family Services
to proceed with the necessary process to seek State Board of
Corrections approval, and in the near future Council will be asked
to officially approve the expansion and seek 50 per cent
reimbursement.
The City Manager explained that the City has raised its per
diem charge to other local governments in an effort to recap some
of its costs which has caused other govermments to go elsewhere,
however, when other institutions are overcrowded, an increased
number of Juveniles will return to Roanoke City for housing, and he
was unsure as to how they could be accommodated.
Sheriff Hudson advised that his department is not sufficiently
staffed to transport Juveniles or prisoners, however, it is his
responsibility to do so; and the number of man hours and mileage on
City vehicles for this purpose is enormous.
549
Nei~hborhood Storm Drains
William F. Clark, Director of Public Works, advised that Salem
Avenue/First Street, S. W. replacement, storm drain cross-
connection, Vermont Avenue, N. W., and Greenfield Street, S. W.,
are projects for which funds have been identified and City staff is
in the process of developing; and Norwood Street/Chesterton Street,
S. W. (Phase I-II), Trevino Drive, N. E. (Phase I-V), and
Massachusetts Avenue, N. W., are projects that have received funds
for planning purposes only. Regarding Forest Park Boulevard which
was not included in the written material, Mr. Clark advised that
this is an area off of Melrose Avenue where there is a need for a
sizeable project somewhat in the category of a neighborhood storm
drain, that basic preliminaries have been done to determine
approximate cost, and no funds have been identified for the
project.
With reference to the Garden City area which was also not
included in the written material, Mr. Clark advised that the City's
Engineering Department is in the process of preparing a watershed
analysis of the entire area to determine what needs to be done
which will be comparable to another Wllliamson Road project. He
noted that no funds have been identified for implementation of the
project; that many discussions have been held with residents of the
area; that most of the problems result from a dry creek bed and
when there is flooding, the residents get a considerable amount of
water retention on their property; and this is a project that the
City will be faced with in the future.
Bridqe Maintenance/Replacement Proqram
Mr. Clark advised that the list beginning on page 45 of the
notebook is based on the annual bridge inspection reports that the
City is required to provide to the State; that each year, all City
bridges must be inspected and what the State refers to as a bridge
can range anywhere from a culvert under a road to the Hunter
Viaduct; and the City has only planning funds to finalize enough of
the design of the projects in order to get accurate cost estimates
for a future bond issue. He explained that an effort has been made
to develop a program forbridge replacement; and cost of the total
program will be in excess of $13 million and is clearly dependent
on future bond issues. He noted that citizens drive over bridges
everyday and while they may look good and feel solid, they do wear
out; that throughout the City there are a number of bridges
approaching 40 to 50 years of age; that each year the City receives
reports from its consultants with photographs and analyses of
potential problems, and maintenance and repairs must be done on a
regular basis, but the City has only planning money and no
construction funds.
55O
In a discussion of the matter, Mr. Clark advised that at some
point in time a bridge reaches the stage when repairs are no longer
feasible and a total replacement is required, and the Walnut Avenue
Bridge over the river will soon reach this category. During a
discussion with regard to the Walnut Avenue Bridge, a Virginia
Department of Transportation project, Mr. Clark advised that the
project is eligible for VDOT funding, however, it becomes a matter
of priorities, and the City would have to decide which VDOT project
it wishes to delay in order to make the Walnut Avenue Bridge a
highway project. The City Manager explained that the State pays
the City for road maintenance and for maintenance on bridges that
contain roads; and if the Walnut Avenue Bridge were to become a
VDOT project, funds would be taken out of the City's annual $6
million urban allocation.
Curbt Gutter and Sidewalk
Mr. Clark advised that the list consists of approximately $9.5
million worth of citizen requests for which the City has no funds;
that 1988 was the last time that funds were included in a bond
issue for curb, gutter and sidewalk; and City crews repair
potentially dangerous situations or concrete which has totally
deteriorated, but City workers have limited capabilities as far as
new construction.
The City Manager explained that traditionally when the City
sells bonds, approximately $1 million is included for curb, gutter
and sidewalk improvements; that in prioritizing, the primary issue
is safety and those locations where pedestrian and particularly
children's safety may be threatened. Mr. Clark noted that another
major concern relates to whether or not the improvements will have
a significant impact on neighborhood revitalization, or on a major
corridor coming into the City, or an impact on the appearance of a
neighborhood.
VDOT Highway Projects - City/State
Using a visual aid, Mr. Clark gave brief synopses of the
following projects:
Brandon Avenue, S. W.: project expected to
cost in excess of $8 million; scheduled for
anticipated construction start in September
1994, with completion in December 1996; the
City promised that Brandon Av~mue would be
completely widened before Peters Creek Road is
extended.
551
Peters Creek Road Extension, N. W.: currently
estimated to cost over $22 million; scheduled
for construction start in September 1994, with
completion in December 1997, which is a much
larger project than Brandon Avenue.
10th Street, N. W.: project goes from where
the road is currently widened at Gilmer Avenue
over to Andrews Road; the project is in the
early planning stage; construction could start
by January 1996 and take two years to
complete; no neighborhood meetings or public
hearings have been held to date.
2nd Street/Gainsboro Road, N. W.: currently
estimated to cost in excess of $14 million;
construction is scheduled to begin in 1993,
with completion by June 1995.
Wells Avenue, N. E.: currently estimated at
approximately $5 million; construction is
scheduled to begin in June 1994, with
completion in August 1995.
10th Street, N. W.: contains the remaining
portion over to Williamson Road, with an
estimate of $4.9 million, however, at this
time, the project is not in the Six Year Plan
due to lack of funds; no projected
construction date.
Fifth Street Bridge: estimated in excess of
$3 million; construction could begin in the
spring of this year; included on VDOT's
advertising list for April 1993, with
completion by the end of 1993.
Hollins Road and 13th Street, N. E.: connects
northeast to southeast, with a cost estimate
in excess of $8 million; funds are not
available, therefore, the project is not in
the Six Year Plan.
Orange Avenue, N. W.: widening from llth
street to the City limits, with a cost
estimate of approximately $14 million; funds
are not available, therefore, the project is
not in the Six Year Plan.
552
10.
King Street, N. E.: located off of Orange
Avenue in order to widen the road for new
industry that located in the area some time
ago, with a cost estimate in excess of $3
million; funds are not available.
11.
WonJu Street, S. W.: widening from Colonial
Avenue to Brandon Avenue, with a cost estimate
in excess of $2 million; currently not in the
Six Year Plan.
Mr. Clark pointed out that funds are available for the local
share for all projects included in the Six Year Plan; that the
projects will be fully funded by the State at the time they are
anticipated to go to construction; and ordinarily the State
advertises for bids when it has 70 per cent of the money set aside
for construction, with the philosophy that the balance will be
accumulated while a project is under construction. He added that
for the projects not included in the Six Year Plan, the City would
begin to phase in design money and right-of-way funds as monies are
freed up as a result of completion of various projects; that
additions would be authorized by resolution of Council that a
specific project be programmed; that the City has not submitted
requests for additional projects to be programmed for the last two
years or more; that the Fifth Planning District Commission, with
input from the City, is developing a Regional Thoroughfare Plan,
and as an outgrowth of the study, Council will receive a
recommendation on the City's next priority for highway
improvements.
New Traffic Signals
Mr. Clark noted that previous presentations have been made to
Council with regard to the criteria that an intersection must meet
in order to be eligible for a traffic signal; and the 11
intersections listed in the written material are included on the
pending list as qualifying for a traffic signal if one strictly
goes by the Manual on Uniform Traffic Control Devices, however, no
funds are available. He added that there are ongoing needs in the
City for new traffic signal installations and as future capital
improvement bond issues are considered, an effort will be made to
include funds.
The City Manager advised that the average cost for a traffic
signal is $100,000.00 per intersection.
Mr. Clark pointed out that the current list of intersections
shows the highest priority based on criteria; that if it is decided
to fund some of the intersections in the future, City staff would
reevaluate and determine if criteria has changed significantly to
warrant a change in priorities; and it would be possible for
553
intersections to change in priority, however, they would remain on
the list as qualifying intersections.
Roanoke River Flood Reduction Pro~ect
Kit B. Klser, Director of Utilities and Operations, presented
additional written material and a briefing on the Roanoke River
Flood Reduction Project.
(See document on file in the City Clerk's Office.)
Mr. Kiser advised that in 1989, project cost was approximately
$35 million which included five years inflation, and currently,
the estimate is approximately $38 million; that approximately
$1,350,000.00 was recently approved for an environmental assessment
survey which was not in the original estimate; and money is being
expended for certain project elements that were not initially
anticipated. He explained that much of the work is now on hold
because of the need for a meeting with Federal and State government
officials to determine the standard by which the properties are to
be evaluated; that certain Federal standards exist for drinking
water, recreational areas and industrial areas and the City must
determine which standard to apply in order to properly advise
Council; and the Federal government should render assistance by
either setting a standard or advising the City on how to evaluate
certain elements of the project. He stated that the meeting will
be held as soon as possible, he is optimistic about the project,
and in his opinion, the project will be done, however, in all
probability there will be a necessity for some redesign.
At approximately this point, Mr. McCadden re-entered the
meeting.
There was discussion with regard to currently formulated State
regulations, standards for removing "contaminated material", and
reduction of certain recreation areas to avoid possible problems.
Mr. Wiser explained that on a Federal project, the City is required
to have a permanent property right, which causes the City to be
vulnerable if a property is encountered that may be contaminated to
the point where something needs to be done, and the purpose of the
environmental assessment survey is to identify such properties.
Sewershed Infiltration/Inflow Removal Program
Mr. Kiser presented u fact sheet and a briefing on the
Sewershed Infiltration/Inflow Removal Program.
(See fact sheet on file in the City Clerk's Office.)
554
Mr. Klser advised that the program goes back to a 1985
recommendation from the Water Resources Committee that the City
engage a consultant to review sewer needs inasmuch as the current
Sewage Treatment Plant was designed to meet the needs of the
Roanoke Valley to the year 1985; and the result was the 1987
Wastewater Facilities Plan. It was explained that the
Jurisdictions of Roanoke County, Salem, Botetourt County and Vlnton
have engaged a consultant to make recommendations on a fair cost
sharing program and a response is expected in February, 1993; and
the City has submitted a request to the State Water Control Board
and to the State Health Department for re-certification of high
month flow, and an average of 42 to a high of 72 is needed for the
next 20 years. He noted that growth in the Roanoke Valley has
caused the need for the increase and most of the growth will come
from outside the City, although the City is currently exceeding its
own capacity.
The City Manager advised that the City is expending a fair
amount of funds on maintaining sewer lines in an effort to maintain
a break-even point on deterioration; that if the lines are not
repaired to remove infiltration, the problem has not been
addressed; and most of the other Jurisdictions do not need the
capacities they have been allocated, but as they grow, they will
need their allotted capacities, and the City will not have an
excuse for not approving their treatment needs.
Carvins Cove Filter Plant
Mr. Kiser presented a fact sheet and a briefing on the Carvins
Cove Filter Plant.
(See fact sheet on file in the City Clerk's Office.)
Mr. Ktser called attention to the success of the project,
advising that under Phase I, Council would be requested in the near
future to approve a change order for expansion of retainage ponds
expected to cost in the range of $100,000.00 to $150,000.00, and
for control measures to address the problems associated with zebra
mussels. He explained that Phase I consisted of upgrading work
from the dam to the filter plant, and Phase II consisted of pipe
line work from the filter plant to the vicinity of Crystal Springs.
At 10:55 a.m., the Mayor declared the meeting in recess.
At 11:00 a.m., the meeting reconvened in the United Way Board
Room, with Mayor Bowers presiding, and all Members of the Council
in attendance, with the exception of Council Members Fitzpatrick
and Harvey.
At approximately this point (11:05 a.m.), Mr. White left the
meeting.
555
Downtown Pro~ect - Atrium and Pedestrian Walkway
Brian J. Wlshneff, Chief of Economic Development, presented a
briefing on the Atrium and Pedestrian Walkway Project. He advised
that Council would receive a report in the near future requesting
a reallocation of funds, with the goal of having the atrium and
walkway open and functional at the time of the opening of the newly
renovated Hotel Roanoke; and a spur off the walkway is not in the
cost estimate of approximately $2.5 million, however, once the
design stage is reached, the idea could be further explored.
Mayor Bowers expressed the hope that the structure can be
developed so as not to completely block the current view of the
Hotel Roanoke from the City Market area; whereupon, Mr. Wlshneff
offered the assurance a considerable amount of time would be spent
working with the public and downtown merchants to address the
Mayor's concern.
Roanoke Centre for Industry and Technology Expansion
Mr. Wlshneff presented an oral briefing on the Roanoke Centre
for Industry and Technology Expansion Project. Regarding the
Transkrit Project, he advised that Blue Hills Circle will be
upgraded and extended into the site; that utilities will also need
to be extended; that the cost will be approximately $600,000.00 to
$800,000.00 on 17 acres of land; and the sales contract will be
brought to Council for approval in the near future. He stated that
another site in the RCIT of approximately eight to ten acres would
also be opened and fully serviced; and Site 18, which was
previously offered to Norfolk Southern, is now being marketed to
other parties.
Miscellaneous
Transportation and Community Development Block Grant Projects
The City Manager presented lists of 1993 Ready-To-Go Transportation
and Community Development Block Grant Projects, advising that Mayor
Bowers received correspondence from the U. S. Conference of Mayors
indicating their desire for the City to prepare the lists should
funds be placed into these areas in order to have an impact on
creating Jobs in the work place.
(See lists on file in the City Clerk's Office.)
The City Manager explained that City staff attempted to list
projects already engineered that could proceed to bid and
construction within a time period of 90 days, however, some of the
information was a "best guess" estimate.
556
Mr. Wlshneff stated that in the President's upcoming
recommendations concerning infrastructure, the idea is to use
existing programs because there is no time to initiate new
programs; that the plan is directed at utilizing local unemployed
labor; and 90 days will be allowed to start construction with
completion by the end of the calendar year.
The City Manager advised that the City is ready to move ahead
with the projects; that a report on strategy will be submitted to
the Legislative Committee in the near future; and the City is
fortunate that many of the projects were already engineered because
it is difficult to ready a project for construction in a 90 - 120
day time frame.
ISTEA
Mr. Wtshneff explained that ISTEA is the name for all
transportation related programs at the Federal government level,
which includes funds for the State's Intermodel Surface
Transportation Program; and the Act requests the State to set aside
ten per cent for enhancement prog~:ams, estimated to be
approximately $7 million. He added that approval is expected this
year by the General Assembly, that the Highway Transportation
Commission will appoint a committee, that groups from all over the
State will compete for the funds, and selection will not only be
based on a first come first serve basis, but also on the quality ok
the projects. Locally, he noted that Council will have to endorse
the projects regardless of whether the request is submitted by the
City or some other group, and it would behoove the City to work on
its priority application so as not to have several applications
competing with one another for funds.
The City Manager advised that if a project over-runs its
estimate, the City is responsible for 100 per cent of the share of
project overage; that some projects listed under Other Needed
Projects could be eligible for ISTEA funds; and the City
Administration will submit a project recommendation to Council for
approval.
Other Needed Projects
The City Manager advised that these projects were included in
the City's long range plans; and consideration should be given as
to whether a project(s) should be drawn out for more serious
consideration in adoption of the Capital Improvements Programs,
with the understanding that funds are extremely limited.
Mr. Musser expressed concern over the Mill Mountain Zoo,
advising that the Zoo continues to be ignored and Zoo officials
should be commended for doing a good Job with the funds that have
been allocated; and the City should recognize that it is a project
557
worth maintaining and keeping as a tourist attraction, or it should
be closed. He added that he understood the situation with regard
to lack of funds, however, he would like to see some consideration
given to the Zoo, along with certain other projects.
Mayor Bowers agreed that the Zoo has been ignored and called
attention to recent correspondence from an official of the Explore
Project indicating that the National Park Service, Blue Ridge
Parkway, wishes to install better signage along the Parkway in
order to attract tourists to Roanoke; and consideration is being
given to tourism radio on the Blue Ridge Parkway with signs
encouraging tourists to tune in to the proper channel; and rather
than committing additional funds at this time, the City could help
the Zoo by publicizing its existence to the tourist market
travelling on the Parkway.
In connection with Victory Stadium Immediate Needs Project,
Mr. Clark advised that the cost will cover architectural and
engineering fees for specific itemized improvements which were
previously identified in studies relative to the Sports Complex.
As a cost saving measure, Mr. McCadden questioned the
possibility of donation of supplies and involving local high school
students in the construction phase; whereupon, Mr. Clark explained
that students could possibly assist with plumbing improvements in
the restrooms and locker rooms, however, their involvement in
structural work would be difficult. Mr. McCadden stated that as
the City gets closer to programming the work, he would like to see
his suggestion further explored in order to save money.
Mayor Bowers expressed appreciation for inclusion of certain
items in the Other Needed Projects list, advising that the citizens
of Roanoke have asked their City government to develop Roanoke as
the tourist capital of the Blue Ridge. He stated that such efforts
should be targeted with the centerpiece being the Hotel Roanoke,
the atrium and the walkway to the City Market area; and focus on
this area is necessary in order for guests at Hotel Roanoke to have
easy access over the railroad tracks to the market area, the
shopping and banking area, and the Transportation Museum. He
explained that at first he was opposed to the Transportation Museum
relocating to the downtown area, however, it was a good move
because it provided the opportunity to tie in with other tourist
activities proposed to be established in the heart of the City; and
while other cities may develop areas in the suburbs, it is exciting
that Roanoke invests in its inner city.
The City Manager requested that he be advised by Council if
any project(s) on the Other Needed Projects list should be elevated
to a priority one listing, and to what extent insofar as funding;
whereupon, Mr. McCadden expressed concern with regard to Victory
Stadium. He noted that some football teams do not like to play
558
ball at the Stadium because of its poor condition, and called
attention to the loss of revenue to the City when the Stadium is
not used. He added that local high school teams will not use the
locker rooms due to their deteriorated condition; and the longer
the facility goes unrepaired, the worse the condition will become.
Mayor Bowers stated that the projected cost for the AMTRAK
passenger terminal seems to be excessive; that even though the
structure should be attractive, the facility does not have to be
constructed on a large scale; and although the AMTRAK line has been
projected through Roanoke, it could be some time before it becomes
a reality.
Ms. Bowles called attention to considerable concern expressed
by citizens in connection with improving the condition of restrooms
in City parks; whereupon, Mr. Clark advised that the matter is
under review.
The City Manager advised that he would poll all Members of
Council to receive their input and suggestions.
VI. Possible Fundinq Scenarios
James D. Grisso, Acting Director of Finance, advised that the
total for Priority II projects is $82,332,344.00 which will in all
likelihood require the issuance of $25 million of debt in order to
fund all Priority I projects; and the total for both lists is $107
million. He stated that the magnitude of the Roanoke River Flood
Reduction Project has changed since the 1989 $7.5 million bond
issue, most likely escalating in cost. He explained that
everything looked good regarding the Carvins Cove Filter Plant
Expansion Project, however, certain rate structures were
implemented when the City sold the bonds; that a three-year
increase in water rates was phased in; and approximately 25 per
cent of the reimbursement on the debt issue was based on the sale
of water to another political subdivision, and the City Attorney is
currently working to resolve the matter.
At approximately this point (11:35 a.m.), Mr. McCadden left
the meeting.
Mr. Grisso recalled the January 23, 1993 planning retreat and
the chart which was used to demonstrate the trend line of various
taxes in constant dollars with inflation eliminated, and noted that
the only taxes shown in constant dollars that have increased over
the last five years are real estate and personal property taxes,
which is disturbing because the City's revenue base is not growing.
He advised that according to current indicators, inflation is
projected to remain within desirable limits over the next two to
55§
three years; that one troublesome indication pertains to the number
of citizens who are unemployed; and he does not foresee a great
deal of change in the economy until unemployment starts to go down.
Mr. Grisso called attention to Priority I projects and the
statement on operating expense impact, advising that most of the
projects require additional operating expenses. He explained that
for each $1 million worth of debt based on an estimated seven per
cent annual interest rate for a 20 year period, $95,000.00 per year
for repayment will have to be identified; that for an issue of $10
0.00 a ear in revenue sources will be needed for
million, $150,00 . .. Y .... ,A ~..~.~ e debt service cost
~,navment: that in the ~-~ ~-~ th__~ ,An~ 000.00 will
increased from ~?.~ mill~o~ ~ $ ........ t- and in fiscal year
Ke care Ot tna~ one cump~,,~,, ,
be needed to ta ....... ~o ann flO and the City could
1994-95, debt service C~st ~r~ ~y~o~~ January 1, 1994,
issue $7 million worth of bond~ u,,
without identifying new revenue sources.
aha er explained that the City has traditionally
The City M g ..... .- -~- urioritv I list such as
funded many of the items lnc~uu~u x- ~,.~ ~
rains and parks, from a payoff in the debt service
bridges, storm d ......... ~--. that projects such as the J~i}
which frees up addltlo~a~ ~,~9, = ds of projects than
and the Juvenile Detention Hom~ are not the kin _ _
the City would normally anticipate funding out of a drop in debt
service, because if that occurred, the opportunity would be
eliminated to complete those types of community projects that
benefit all citizens; and a decision should be made on whether the
City will continue a Capital Improvement Program dealing with the
traditional type categories which need to be addressed. He added
that the City could package the Jail and Juvenile Detention Home,
conference Center, and find some type of revenue
along with the ....... ~h the Conference Center
source that woulo support th~ pack~, _..at ........ ~ -~e
will bring its own revenue source eventually, but t~e
Juvenile Detention Home are so big in terms of numbers that they
require their own revenue source. He advised that he was not ready
at this time to make a firm recommendation because he did not know
if there are projects that Council is desirous of moving up
immediately to the Priority I list.
With regard to available funds after January 1, 1994, Mr.
Grisso explained that if the debt is issued after January 1, 1994,
the first interest payment would fall six months later, which will
be in the next fiscal year. He added that the list of potential
re~enue sources (page 10) is not intended as a recommendation, but
for informational purposes as an aid to Council in making
decisions.
Following discussion, the City Manager suggested that it will
be more fiscally responsible to deal with the Jail and the Juvenile
Detention Home because it is absolutely critical for those projects
to move forward and they will need a revenue source for support;
560
that the Conference Center will stand on its own eventually; and a
package of community issue capital projects could be compiled which
Council and the community could support which could be taken to
referendum in the fall of 1994 for voter approval, if necessary.
He added that he was not aware of any project so critical that it
could not wait until the fall of 1994.
After further discussion, Mr. Musser stated that there appears
to be no other choice but to go forward with the Jail addition; and
if something happens that should require immediate attention, it
would be appropriately addressed. It was determined that Council
needs to identify a new revenue source for the Jail and Juvenile
Detention Home Projects, and for other community capital projects.
The City Manager pointed out that the drop in debt service does not
take place until fiscal year 1994-95, and if Council wishes to
proceed with the Jail addition in the near future, a revenue source
to support the project should be identified. He explained that an
answer was not expected from Council at the present time, however,
it was necessary to present the dilemma.
There being no further business, the Mayor declared the
meeting adjourned at 12:05 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
561
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
February 16, 1993
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Tuesday, February 16,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetinqs, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Delvis O.
Musser, William White, Sr., Elizabeth T.
Fitzpatrick, Jr., and Mayor David A. Bowers
McCadden, Howard E.
Bowles, Beverly T.
ABSENT: Council Member James G. Harvey, II--
OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City
Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grlsso,
Acting Director of Finance; and Sandra H. Eakin, Deputy City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
CABLE TELEVISION: Mr. Musser, Chairman of the
Roanoke Valley Regional Cable Television Committee,
introduced Angela McPeak, Manager of the Cable Television
Government Access Studio, who was appointed by the
Committee effective February 2, 1993. Mr. Musser advised
that Ms. McPeak was selected from 82 applicants and she
will oversee the start-up and operation of the Government
Access Studio and related activities for the City of
Roanoke, the County of Roanoke and the Town of Vinton.
Ms. McPeak expressed appreciation for the
opportunity to serve in her position as Government Access
Studio Manager and stated that she looks forward to
working with Council and the citizens of Roanoke.
The Mayor welcomed Ms. McPeak to the Roanoke Valley
and invited her to meet with the members of Council at a
later date to share ideas with regard to programming on
the government access channel and other related matters.
562
PUBLIC HEARING
TAXES-LEGISLATION-SPECIAL PERMITS: Pursuant to the
City Clerk having advertised a public hearing for
Tuesday, February 16, 1993, at 2:00 p.m., or as soon
thereafter as the matter may be heard, on the request of
Mountain Manor Homes for Council's support for tax exempt
status, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Saturday,
February 13, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Manager advising that non-
profit organizations have previously requested the City
to support their requests to the General Assembly to be
designated exempt from taxation pursuant to Article X,
Section 6(a) (6) of the Constitution of Virginia; that
Council adopted Resolution No. 30884-021892 on
February 18, 1992, to establish g~idelines for
organizations seeking support for exemption from
taxation; that Mountain Manor Homes through its attorney,
E. GriffitP Dodson, Jr., appeared before City Council on
February 1, 1993, seeking support for tax exempt status
from the General Assembly of Virginia; that Mountain
Manor Homes is a Virginia, non-stock, not-for-profit
corporation sponsored by St. Johns Episcopal Church
providing 15 living units for lease to certain
handicapped persons screened through Mental Health
Services of the Roanoke Valley; that financing for
Mountain Manor Homes was secured through the United
States Department of Housing and Urban Development (HUD);
that in 1990, HUD lssued a technical regulation requiring
action be taken by the Virginia General Assembly for
Mountain Manor Home's permanent tax exemption status;
that the Internal Revenue Service has determined that
Mountain Manor Homes is exempt from Federal income tax
under Section (a) of the Internal Revenue Code as a
501(c) (3) organization; and the Commissioner of Revenue
has previously placed Mountain Manor's three official tax
map numbers on the City's Real Estate Tax exempt roll
effective with the 1990-91 Real Estate Tax billing year,
was before Council.
The following alternatives were set forth in the
City Manager's report:
563
ACTION:
ae
City Council grant the request of
Mountain Manor Homes for Council
support of their request to the 1994
General Assembly to be designated
exewmpt from taxation, pursuant to
Article X, Section 6(a)(6), of the
Constituition of Virginia.
City Council grant the request of
Mountain Manor Homes for supporty of
thief request to the 1993 General
Assembly to be designated exempt
from taxation, pursuant to Article
X, Section 6(a)(6), of the
Constitution of Virginia.
City Council deny request of
Mountain Manor Homes for supporty of
thief request to the 1993 General
Assembly to be designated exempt
from taxation, pursuant to Article
X, Section 6(a)(6), of the
Constitution of Virginia.
The City Manager recommended that Council adopt
Alternative A, thereby granting the request of Mountain
Manor Homes for City Council support of their request to
the 1994 General Assembly to be designated exempt from
taxation pursuant, to Article X, Section 6(a) (6), of the
Constitution of Virginia.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that Council adopt a resolution
supporting a bill to be introduced at the 1994 Session of
the General Assembly seeking tax exemption of propertyt
owned by Mountain Manor Homes in the City of Roanoke used
by it exclusively for charitable and bvenevolent purposes
on a non-profit basis, and memorializing a certain
agreement between Mountain Manor Homes and this City.
The motion was seconded by Mr. Fitzpatrick.
Mr. E. Griffith Dodson, Jr., Attorney, representing
~ountain Ma~or Homes, appeared in support of the request
of his client, and advised that Mountain Manor Homes
desires that Council adopt the Resolution recommended
under Alternative B of the City Manager's report, which
would provide for the matter to be introduced at the 1993
Session of the General Assembly. He stated that if
Alternative B is adopted, the City will receive a 20 per
564
cent service fee this year, and if Alternative A is
adopted, the City will have to wait for one year to
receive the 20 per cent service fee; that by adopting
Alternative B, Council would not be setting any precedent
inasmuch as his client's tax-exempt status has been
approved by the Commissioner of Revenue; that the two
requests recently denied by Council had not been approved
by the Commissioner of Revenue, and they are
distinguishable from his client's request inasmuch as one
of the requests involved vacant land and the other
involved a library computer service. He further stated
that he was unaware of the deadline for filing his
client's request 60 days in advance of the General
Assembly Session; that attorneys are bound by ordinances
and other documents which are put into print, however, he
questioned whether a policy expressed by a resolution of
City Council should be that binding. He urged Council's
support of a bill to be introduced at the 1993 Session of
the General Assembly seeking tax exemption of property
owned by Mountain Manor Homes.
Mr. Fitzpatrick stated that the issue is not
Council's support of Mountain Manor Home's request, that
the issue is whether or not there are a number of other
organizations who may find themselves in the same
position with a tax exempt waiver from the Commissioner
of Revenue, but who have not either been aware of or
abided by the regulations Council adopted. He further
stated that he believes if Council approves this request
to introduce the bill to the 1993 Session of the General
Assembly, it would put Council in an awkward position for
future similar requests; that he feels if Council sets a
rule, it is important to keep that rule, and if people
perceive that Council can be flexible for Mountain Manor
Homes, they will expect Council to be flexible for them
also; and that it is important for Council to set a
policy and maintain it.
Mr. Dodson stated that Council is dealing with a
resolution, and in his experience in dealing with
resolutions in the General Assembly, they do not mean
much to him, but an ordinance does; that a resolution is
not something that the public is put on notice about;
that a resolution is not included in the Code of the City
of Roanoke; and that before Council imposes a deadline of
this kind, there ought to be some means by which the
public can determine what the deadlines are.
Mr. Fitzpatrick inquired as to how this policy was
communicated to the public at the time the resolution was
adopted; whereupon, Mr. Dibling advised that the
565
resolution was adopted at a public meeting of Council, it
was recorded in the minutes of Council as a part of the
record of Council, and it would be there for someone who
would look for it and inquire as to Council's policy on
this matter. He stated that perhaps it should be
advertised that the City has this policy, but to his
knowledge nothing of this sort was done.
Mr. Musser asked for a clarification from the City
Attorney as to the City's reason for adopting the policy;
whereupon, Mr. Dibling advised that the reason the
resolution was adopted was because the process requires
a considerable amount of informat~on gathering and
analysis for the City Manager to make ~ recommendation as
to whether or not Council should approve or reject a
particular application for tax exemption; that there is
a long list of information that has to be submitted by
the petitioner and that information has to be reviewed,
analyzed and verified before the City Manager can report
back to Council; and it was thought that for the orderly
transaction of business there ought to be a deadline so
that there would be time to accomplish this before the
General Assembly commences each year.
Mr. Musser referred to certain language included in
Resolution No. 30884-021892, establishing the policy of
the City with respect to supporting requests of certain
non-profit organizations for tax-exempt status, which
states that "all organizations must request a written
determination from the Commissioner of Revenue whether
the organization is tax-exempt by classification or
designation under the Code of Virginia", and questioned
why Council needs to act on this request if the
Commissioner of Revenue has made this determination. Mr.
Dodson explained that his client must have approval of
the General Assembly for tax-exempt status in order to
comply with certain requirements of HUD relating to the
financing for the home.
Mr. Fitzpatrick stated that inasmuch as Mr. Dodson
has explained that apparently the City did not publicly
notify the public and non-profit organizations that need
to know about the City's policy, he would suggest that
Council consider asking Mr. White to withdraw his motion
to adopt the Resolution under Alternative A, and approve
Mountain Manor Home's request under Alternative B, and
request that the City Manager notify the public with an
advertisement in the newspaper of Council's action on the
policy, so as to avoid future questions about the policy
and timing so that there would not be a situation where
Council would have a precedent-setting vote.
566
Upon question from Mr. McCadden as to whether
Council has ever had to deal with a situation similar to
this, the City Attorney explained that the policy was
adopted approximately one year ago and the reason it was
adopted was to avoid last minute petitions because there
was not time to act on the requests in a businesslike
way. He stated that he concurs with the need to find
some mechanism to put the public on notice and suggested
the possibility of putting the policy in the form of an
Ordinance and including it in the City Code.
Mr. White stated that as he recalled, the reason
Council adopted the Resolution establishing the policy
was because the City received several requests for tax
exemption which were inconsistent and required some work
by the staff, and since there was no consistent method to
deal with such requests, Council asked the City Manager
to develop a policy that would be fair, consistent and
equitable to all parties involved. He further stated
that the City Manager developed such a policy, which was
discussed by Council in public session, and it was agreed
that the policy was fair and equitable, and Council
adopted the policy by resolution; that since that time,
Council has had several tax-exempt organizations to come
before it; and that on one or two occasions, Council
delayed its approval because the organizations did not
comply with this policy, and one of the stated reasons in
one of those cases was that they were not aware of the
policy. Mr. White expressed the opinion that if Council
is not going to be consistent in treating Mountain Manor
Homes under this policy, that Council is not being fair
to other organizations that have been Judged under this
policy in the last year. He stated that he was not
interested in withdrawing his motion to adopt the
Resolution under Alternative A; however, he believes as
a separate matter of business that Council should request
the administration to publish this policy in order to
ensure that the legal profession understands it.
The resolution offered by Mr. White, seconded by Mr.
Fitzpatrick, was lost by the following vote:
AYES: Council Members McCadden and White ......... 2.
NAYS: Council Members Bowles, Fitzpatrick, Musser
and Mayor Bowers 4.
(Council Member Harvey was absent.)
567
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick offered the following resolution:
(#31342-021693) A RESOLUTION supporting a bill to
be introduced at the 1993 Session of the General Assembly
seeking tax exemption of property owned by Mountain Manor
Homes in the City of Roanoke used by it exclusively for
charitable and benevolent purposes on a non-profit basis,
and memorializing a certain agreement between Mountain
Manor Homes and this City.
(For full text of Resolution, see Resolution Book No. 54,
page 370.)
Mr. Fitzpatrick moved the adoption of Resolution
No. 31342-021693 in support of the request of Mountain
Manor Homes for Council support of their request to the
1993 Virginia General Assembly to be designated exempt
from taxation, pursuant to Article X, Section 6(a)(6), of
the Constitution of Virginia. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser
and Mayor Bowers 4.
NAYS: Council Members McCadden and White ......... 2.
(Council Member Harvey was absent.)
Mr. White stated that the reason he voted no on the
Resolution was based on the principle that if Council
sets a policy it should treat all people fairly, and he
does not feel Council is doing that in this instance. He
expressed his disappointment at the action of Council on
this matter.
Mr. McCadden stated that he agreed with Mr. White's
remarks.
Mr. Fitzpatrick moved that the City Manager and the
City Attorney be requested to give notice to the public
and the Bar Association with regard to the current
resolution establishing a policy for requests for tax-
exempt status, and to consider enactment of this policy
by ordinance as opposed to resolution. The motion was
seconded by Mr. Musser.
Mr. White moved that Mr. Fltzpatrick's motion be
amended to include giving notice to those organizations
who have previously been denied tax-exempt status under
the current policy. The motion failed for lack of a
second.
568
ACTION:
ACTION:
The motion offered by Mr. Fitzpatrick, seconded by
Mr. Musser, was adopted.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
attention to two requests for Executive Sessions to
discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; and a
personnel matter, being the salary and compensation of a
specific Council-appointed officer.
MINUTES: Minutes of the regular meetings of Council
held on Monday, November 2, 1992; Monday, November 9,
1992; Monday, November 16, 1992; and Monday, November 23,
1992, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None -0.
(Council Member Harvey was absent.)
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, co~uuissions and committees appointed
I
569
ACTION:
ACTION:
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers ....
NAYS: None
(council Member Harvey was absent.)
COUNCIL: A request of the Vice-Mayor that council
convene in Executive Session to discuss a personnel
matter, being the salary and compensation of a specific
Council-appointed officer, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended, was before
the body.
Mrs. Bowles moved that Council concur in the request
of the Vice-Mayor to convene in Executive Session to
discuss a personnel matter, being the salary and
compensation of a specific council-appointed officer,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers-
NAYS: None-
(Council Member ~arvey was absent.)
NAYS: None-
(Council Member Harvey was absent.)
CITY MANAGER-CITY EMPLOYEES: A report of
qualification of James D. Ritchie, Sr., as the Assistant
City Manager for the City of Roanoke, effective
February 2, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers ......
570
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of funds to
the following school accounts, was before Council.
Grant No. 6232
$160.00 for the 1992-93 Chapter
II program to provide funds for
the improvement of
instructional services in the
school district. The program
will be reimbursed 100 per cent
by Federal funds.
Grant No. 6434
$23,682.00 for the Alternative
Education program to provide
instruction and guidance
services to secondary level
students who are at risk of
leaving school due to poor
academic achievement, low or
unrealistic self-concept, or a
poor understanding of academic
preparation required to achieve-
their career interests. The
program will be reimbursed 50
per cent by Federal funds with
a local match.
Grant No. 6436
$5,000.00 for the Vocational
Education Teen Mothers program
to provide child care for
students enrolled in the Teen
Parents Employabilit¥
Development Class. The program
will be reimbursed 100 per cent
by Federal funds.
The School Board further requested the second
installment of proceeds from the 1992-93 Capital
Maintenance and Equipment Replacement Program (CMERP)
fund to be used for the replacement of school furniture
and equipment, for building maintenance and alterations,
and roof replacement.
571
ACTION:
A report of the Acting Director of Finance advising
that funding for three grants will be appropriated in the
Grant Fund, and funded with Federal funds; that in
addition to Federal funds, the Alternative Education
program will receive a local match of $11,841.00; that
funding for the local match is available in the General
Fund budget in the Social Security Account No. 001-060-
6001-6100-0201, in the amount of $11,841.00; that
$197,025.00 will be appropriated from the School portion
of the CMERP funds for the replacement of school
furniture and equipment, building maintenance and
alterations, and roof replacement; that the School Board
has previously appropriated $646,942.00 of its fiscal
year 1992 CMERP funding of $1,285,089.00, which will
leave an unappropriated balance of $441,122.00; and
recommending that Council concur in the request of the
School Board, was also before the body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#31343-021693) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant and General Funds
Appropriations~ and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 372.)
Mr. White moved the adoption of Ordinance No. 31343-
021693. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
BUDGET-AIRPORT: A communication from Jacqueline L.
Shuck, Executive Director, Roanoke Regional Airport,
requesting approval of the Airport Commission's fiscal
year 1993-94 Proposed Operating and Capital Purchases
budget and proposed caitial expenditure list, was before
Council.
(For full text, see communication on file in the City
Clerk's Office.)
572
Mr. Fitzpatrick offered the following resolution:
(#31344-021693) A RESOLUTION approving the Roanoke
Regional Airport Commission's 1993-1994 proposed
operating and capital budget upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 54,
page 374.)
Mr. McCadden asked for a clarification from Ms.
Shuck as to the Revenue Projections on Attachment I of
her communication, which states that $83,900.00 will be
collected and allocated as matching funds on federal
grants; whereupon, Ms. Shuck advised that this is
included in the landing fee pursuant to the agreements
with the airlines, representing the airline's cost of any
capital projects; that the budget before Council is
primarily the operating budget, not a capital budget for
construction projects, and the only way the Roanoke
Regional Airport Commission has of collecting fees for
capital projects is through the landing fees; and that
the information in the report is indicating that part of
the revenues being collected is for construction rather
than operating costs.
Mr. Fitzpatrick referred to Item 3, Proposed Capital
Expenditures, of Ms. Shuck's communication, and asked for
a clarification as to whether this refers to land that is
on the northeast or east side of the road in the tunnel
where the cargo ramp would be constructed, and where
there is currently airport land as well as some private
cargo facilities contiguous to that; whereupon, Ms. Shuck
advised that this is correct.
Mr. Musser inquired of Ms. Shuck as to how the
communications level and acceptance level is going with
General Aviation at the airport; whereupon, Ms. Shuck
stated that this situation is much better than this time
last year. She advised that the Airport Commission has
begun a General Aviation newsletter which is sent to
approximately 350 people; that the newsletter helps the
Airport Commission to let the General Aviation community
know what is going on; and that the Airport Com~ission
recently approved new leases for all current hangar
managers at the airport, and the current operators have
five year agreements at a minimum and some will have an
'573
ACTION:
ACTION:
option to renew for an additional five years. Ms. Shuck
further advised that the bid process has been dropped for
those with existing leases, and in the future, the
Commission will go out to bid should there be a gap in
leases.
The Mayor requested that Ms. Shuck provide a copy of
the current General Aviation newsletter to the Members of
Council for their information.
Mr. Fitzpatrick moved the adoption of Resolution No.
31344-021693. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None. 0.
(Council Member Harvey was absent.)
LEGISLATION-REFUSE COLLECTION-ROANOKE VALLEY
RESOURCE AUTHORITY: A communication from John R.
Hubbard, P. E., Chief Executive Officer, Roanoke Valley
Resource Authority, transmitting Resolution No. RA93-40,
adopted by the Authority on January 21, 1993, supporting
Federal legislation to restore the financial assurance
exception to publicly owned solid waste landfills, and
requesting that Council consider adoption of a similar
measure, was before Council.
(For full text, see communication on file' in the City
Clerk's Office.)
Mr. Fitzpatrick offered the following resolution:
(#31345-021693) A RESOLUTION supporting Federal
legislation to restore the financial assurance exemption
to publicly owned solid waste landfills.
(For full text of Resolution, see Resolution Book No. 54,
page 375.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31345-021693. The motion was seconded by Mr. Musser and
adopted by the following vote:
574
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None O.
(Council Member Harvey was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-PARKSAND RECREATION-COMMISSIONER OF REVENUE-
PUBLIC WORKS-PLANNING-CAPITAL IMPROVEMENTS PROGRAM-
EMERGENCY MEDICAL SERVICES-PROCUREMENT CODE: The City
Manager submitted a written report advising that the
Capital Maintenance and Equipment Replacement Program has
identified needs for various City departments; that the
identified items are needed for the continued efficient
and most effective performance of assigned duties and
tasks of various departments; and the following is a list
of some of the items which were identified and are
anticipated to cost less than $15,000.00 per single item:
Emergency Medical Services
Jaws of Life and Related Equipment
$15,000.00
Community Planning
Comprehensive/Strategic Plan
consisting of three phases
each less than $15,000.00
40,000.00
Grounds Department
Eleven two-way radios
Hydraulic post hole digger
Cab for mowing tractor
10,340.00
3,418.00
3,500.00
Parks Department
Modular playground equipment
Six two-way radios
15,000.00
6,119.00
5. Commissioner of Revenue
File Cabinet
lt297.00
Total
$94,674.00
575
ACTION:
It was further advised that single purchases, which
cost less than $15,000.00 will be procured through the
competitive bid process in accordance with the
Procurement Code as identified in Section 23.1 of the
Code of the City of Roanoke (1979), as amended; and
Council's appropriation of funds is necessary to provide
for purchase of the items listed above, all of which are
single purchases costing less than $15,000.00 per item.
The City Manager recommended that Council
appropriate $94,674.00 from the Capital Maintenance and
Equipment Replacement Account to the following accounts:
'$15,000.00 to Emergency Medical
Service, Account No. 001-050-3521-
9015;
$40,000.00 to Community Planning,
Account No. 001-052-8110-2010;
$17,258.00 to Grounds Maintenance,
Account No. 001-050-4340-9015;
$21,119.00 tO Parks Department,
Account No. 001-050-7110-9015; and
$1,297.00 to Commissioner of
Revenue, Account No. 001-022-1233-
9005.
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31346-021693) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency·
(For full text of Ordinance, see Ordinance Book No. 54,
page 376.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31346-021693. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
576
HEALTH DEPARTMENT-HUMAN DEVELOPMENT-GRANTS-YOUTH:
The City Manager submitted a written report with regard
to the City's Community Development Block Grant (CDBG)
contract with the Roanoke City Health Department for the
Resource Mothers Program, advising that the Office of
Youth completed a study of teen pregnancy called
"Children Having Children" in 1988, recognizing the need
to concentrate more resources on the problem of teen
pregnancy and teen parents; that pregnancy among
teenagers is increasing at a rate of approximately ten
per cent per year and is occurring at an earlier age;
that the former Mayor called upon the City to address the
problems of teen pregnancy in his State of the City
Address; that the Resource Mothers Program, operated by
the Roanoke City Health Department, is currently funded
by a Virginia Department of Health Maternal Child Health
Grant; that the Resource Mothers Program provides
prenatal care, education support, parenting training and
crisis intervention services to pregnant teens and teen
parents; that the Roanoke City Health Department
submitted a proposal on February 14, 1992 to the City to
use CDBG funds for an expansion of the Resource Mothers
Program to be Jointly operated with the Department of
Social Services; and City Council authorized funding for
the Resource Mothers Program as part of the 1992-93 CDBG
application on May 11, 1992, pursuant to Resolution No.
30508-051192.
It was further advised that a contract has been
prepared to provide $34,655.00 in Community Development
Block Grant funds to the Roanoke City Health Department
to increase the number of low income pregnant teens and
teen parents served in the City of Roanoke; that the
contract shall be for the time period of November 1, 1992
through October 31, 1993; that CDBG funding enables the
Roanoke City Health Department to increase the number of
youth served from a total of 25 to 65 clients, an
increase of 160 per cent; and the contract needs to be
executed in order that the Roanoke Health Department can
serve 40 additional low income pregnant teens or teen
parents.
The City Manager recommended that he be authorized
to execute a contract with the Roanoke City Health
Department providing for the use of CDBG funds, in the
amount of $34,655.00, in order to expand the Resource
Mothers Program, with funding available in Account No.
035-092-9238-5222.
(For full text, see report on file in the City Clerk's
Office.)
577
ACTION=
Mr. Fitzpatrick offered the following resolution:
(#31347-021693) A RESOLUTION authorizing the
execution of an agreement with the Roanoke City Health
Department to expand the Resource Mothers Program.
(For full text of Resolution, see Resolution Book No. 54,
page 377.)
Dr. Donald R. Stern, District Health Director,
introduced Fran Villarreal, Director of the Resource
Mothers Program, and Kathy Kessler, Supervisor of the
Maternity Care Program. He stated that the Health
Department is seeing that the outcomes of teen
pregnancies are improved by the Resource Mothers Program,
and his staff is hoping to create increased stability
with this program.
Mr. Fitzpatrick moved the adoption of Resolution No.
31347-021693. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 31334-021693
permanently vacating, discontinuing and closing a 425
foot portion of Maddock Avenue, N. W., extending in a
westerly direction from Wllliamson Road, N. W., between
Official Tax Nos. 3080818 and 3080817, having previously
been before the Council for its first reading on Monday,
February 8, 1993, read and adopted on its first reading
and laid over, was again before the body, Mr. Musser
offering the following for its second reading and final
adoption:
578
ACTION:
ACTION:
(#31334-021693) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 363.)
Mr. Musser moved the adoption of Ordinance No.
31334-021693. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
STREETS AND ALLEYS: Ordinance No. 31335-021693
permanently vacating, discontinuing and closing a portion
of Woodcliff Road, S. E., lying between Mack-Chick Road
and Alan-A-Dale Road and all of Friar Tuck Road, S. E.,
having previously been before the Council for its first
reading on Monday, February 8, 1993, read and adopted on
its first reading and laid over, was again before the
body, Mr. Fitzpatrick offering the following for its
second reading and final adoption:
(#31335-021693) AN O~DINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 365.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31335-021693. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None, O.
(Council Member Harvey was absent.)
STREETS AND ALLEYS: Ordinance No. 31336-021693
permanently vacating, discontinuing and closing that
portion of an alley between Jefferson Street and First
579
ACTION=
ACTION=
Street, S. W., running parallel to Elm and Mountain
Avenues, S. W., having previously been before the Council
for its first reading on Monday, February 8, 1993, read
and adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(#31336-021693) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 367.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31336-021693. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
ZONING: Ordinance No. 31337-021693 amending
conditions proffered in conjunction with the rezoning of
a tract of land located at 4932 Frontage Road, N. W.,
designated as Official Tax No. 6490805, having previously
been before the Council for its first reading on Monday,
February 8, 1993, read and adopted on its first reading
and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final
adoption:
(#31337-021693) AN ORDINANCE to amend Sections
36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as
amended, and Sheet No. 649, Sectional 1976 Zone Map, City
of Roanoke, in order to amend certain conditions
presently binding upon certain property previously
conditionally rezoned from RS-l, Residential Single-
Family District, to C-l, Office and Institutional
District.
(For full text of Ordinance, see Ordinance Book No. 54,
page 369.)
Mrs. Bowles moved the adoption of Ordinance No.
31337-021693. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
580
ACTION:
ACTION:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
ROANOKE CIVIC CENTER: Mr. McCadden offered the
following Resolution recognizing the meritorious service
rendered to the City by Daniel E. Wooldridge and
designating Mr. Wooldridge as a commissioner emeritus of
the Roanoke Civic Center Commission:
(#31348-021693) A RESOLUTION recognizing the
meritorious service rendered to the City by Daniel E.
Wooldridge and designating Mr. Wooldridge as a
commissioner emeritus of the Roanoke Civic Center
Commission.
(For full text of Resolution, see Resolution Book No. 54,
page 378.)
Mr. McCadden moved the adoption of Resolution No.
31348-021693. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members McCadden, Musser, White~
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
REAL ESTATE VALUATION: Mr. Fitzpatrick moved that
the City Attorney be requested to prepare the proper
measure providing automobile allowances for two employees
of the Office of Director of Real Estate Valuation. The
motion was seconded by Mr. McCadden and adopted.
OTHER HEARINGS OF CITIZENS:
CITY JAIL: Mr. John M. Stroud, President, Roanoke
Regional Chamber of Commerce, appeared before Council and
presented a Resolution adopted by the Board of Directors
of Roanoke Regional Chamber of Commerce, on February 15,
1993,1n support of efforts to increase the per diem rate
581
ACTION=
ACTION:
paid by the Commonwealth for prisoners and to provide 50
per cent of the construction cost of an addition to the
Roanoke City Jail, and urging Council to approve
additions to the existing Jail.
(For full text, see Resolution on file in the City
Clerk's Office.)
Mr. McCadden moved that the Resolution be referred
to the City Attorney and City Manager for recommendation.
The motion was seconded by Mr. White and adopted.
At 3:07 p.m., the Mayor declared the meeting in
recess.
At 3:30 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member Harvey.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
LEAGUE OF OLDER AMERICANS: The Mayor advised that
the one year term of Corinne B. Gott as the City's
representative to the Advisory Committee, League of Older
Americans, will expire on February 28, 1993, and called
for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of
Corinne B. Gott.
There being no further nominations, Ms. Gott was
reelected as the City's representative to the Advisory
Committee, League of Older Americans, for a term of one
year, ending February 28, 1994, by the following vote:
582
ACTION:
ACTION:
ACTION:
FOR MS. GOTT: Council Members McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers- --6.
(Council Member Harvey was absent.)
DIRECTOR OF FINANCE-CITY EMPLOYEES-PENSIONS: Mr.
Fitzpatrick offered the following Resolution providing
for certain benefits to be paid to the Acting Director of
Finance:
(#31349-021693) A RESOLUTION providing for certain
benefits to be paid to the Acting Director of Finance.
(For full text of Resolution, see Resolution Book No. 54,
page 379.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31349-021693. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-CITY
MANAGER-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Mr.
Fitzpatrick offered the following Resolution establishing
the policy of City Council with respect to compensation
of acting Council-appointed officers:
(#31350-021693) A RESOLUTION establishing the
policy of City Council with respect to compensation of
acting Council-appointed officers.
(For full text of Resolution, see Resolution Book No. 54,
page 380.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31350-021693. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Mu~ser, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
583
There being no further business, the Mayor declared the
meeting adjourned at 3:34 p.m.
APPROVED
ATTEST:
Deputy City Clerk
584
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
February 22, 1993
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, February 22,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Howard E. Musser, William White,
Sr., Elizabeth T. Bowles, Delvis O. McCadden and Mayor
David A. Bowers 5.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr., and Council
Member James G. Harvey, II ....... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grlsso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Charles T. Evans, Pastor, Grace Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to three requests for Executive
Sessions to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council;
a matter with regard to the location of an existing
business when no previous announcement has been made of
the business' interest in expanding in the community; and
a matter with regard to disposition of publicly held
property, specifically the possible conveyance of a
parcel of land for economic development purposes.
585
ACTION:
ACTION=
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, conunissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, con~nissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White,
McCadden and Mayor Bowers
Bowles,
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to location of an existing business
when no previous announcement has been made of the
business' interest in expanding in the community,
pursuant to Section 2.1-344 (A)(5), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss a matter with regard to location of an existing
business when no previous announcement has been made of
the business' interest in expanding in the community,
pursuant to Section 2.1-344 (A)(5), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Musser
and adopted by the following vote:
586
ACTION:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers 5.
NAYS: None
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to disposition of publicly held
property, specifically the possible conveyance of a
parcel of land for economic development purposes,
pursuant to Section 2.1-344 (A)(3), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss a matter with regard to disposition of publicly
held property, specifically the possible conveyance of a
parcel of land for economic development purposes,
pursuant to Section 2.1-344 (A)(3), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Musser
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers -5.
NAYS: None
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
REGT/LAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HOTEL ROANOKE CONFERENCE CENTER-MINORITY/WOMEN OWNED
BUSINESSES: Mr. John S. Williams, repFesenting Williams
Painting and Remodeling, Inc., having previously placed
an item on the agenda with regard to the Hotel Roanoke,
and specifically the use of local labor and
subcontractors in connection with the construction
project, Mr. Williams appeared before Council and
referred to communication from Council Member Harvey,
Chairperson of the Hotel Roanoke and Conference Center
Commission, addressed to the City Manager, requesting
that small contractors, sub-contractors and local labor
587
be used in the construction of the Hotel Roanoke and
Conference Center. Mr. Williams advised that in view of
the contents of Mr. Harvey's communication, and if the
intent of Mr. Harvey's letter is followed through, his
concerns will be satisfactorily addressed.
Without objection by Council, the Mayor advised that
the remarks of Mr. Williams would be received and filed
and made a part of the official record.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
REFUSE COLLECTION-RECYCLING: Mr. Clark advisedthat
a briefing was submitted to Council on Monday, June 15,
1992, concerning the proposal for curbside/alleyside
refuse collection in the City of Roanoke. He stated that
refuse collection and disposal is one of the basic
services that the City provides for its citizens, and in
the current year, this service is expected to exceed $4
million in expenditures. He added that approximately
one-third of the City's customers receive backyard refuse
collection inasmuch as approximately 30 per cent of the
residents voluntarily carr~ their refuse to the street
and the other one-third receive alley collection. He
explained that the City of Roanoke is the only locality
in the Roanoke Valley and the only locality in the
Commonwealth of Virginia that the City was able to
identify that provides a no-fee refuse collection service
from the backyard. He noted that solid waste disposal
costs are expected to increase significantly in the
coming years due to the opening of the new regional
landfill and transfer station, and while localities are
presently paying $20.00 per ton to dispose of solid
waste, costs are expected to exceed $50.00 per ton within
the coming year when the new landfill and transfer
station are operational which has the impact of
million per year on the City's budget.
Mr. Clark pointed out that a survey was conducted
last year in connection with the fiscal year 1992-93
budget, and it was discovered that there was broad based
citizen support for the concept of curbside/ alleyside
refuse collection service, particularly in light of the
fact that the program could save the City significant
dollars which will be used to meet the rising costs of
588
disposal, as well as the State-mandated recycling
program. He stated that during the past eight months,
representatives of the City Administration have appeared
before numerous churches and civic groups to discuss the
proposed program, information has appeared in the print
media as well as the electronic media and generally, the
program has been well received.
Mr. Clark pointed out that comments received from
the public have generally been in two specific areas,
viz: (1) in those instances where the City currently
provides refuse collection service off of private roads
or driveways; and (2) a concern that it could be
difficult for senior citizens to obtain a letter from
their physician certifying their physical inability to
carry refuse to the curb. He explained that the City has
modified its plan at the suggestion of residents to
provide that where private roads or driveways are
currently being used for service, the service will
continue to be provided if the homeowner signs a waiver
absolving the City from liability from damage to priv&te
property. He stated that in the future if similar
situations arise, such private roads and driveways will
have to serve at least two residences, and said
homeowners will be required to sign waivers absolving the
City from any liability. He explained that a simple one
page form was developed for completion in the doctor's
office and submitted to the City simplifying the
procedure for senior citizens or disabled persons to
apply for the City's physically disabled service. He
added that there is also a service available for able-
bodied persons who would like to pay for continued
backyard collection.
Mr. Clark explained that once the program is
implemented, it is estimated that the City could save
approximately $368,000.00 per year which will go a long
way toward meeting the City's mandated recycling costs
and increased cost of disposal. He stated that it is not
recommended to terminate the Jobs of any existing
personnel inasmuch as the workforce will be reduced
through attrition. He advised that it is recommended
that the plan will be implemented on or before June 1,
1993; that Council is not requested to take action on
this date, however, it is anticipated that the
appropriate measures will be submitted to Council for
consideration on Monday, March 1, 1993, which will
provide sufficient time to implement the program with
adequate public information and orientation of the
workforce prior to the June 1 implementation date.
589
ACTION=
ITEMS RECOMMENDED FOR ACTION:
ROANOKE MEMORIAL HOSPITALS-ACTS OF ACKNOWLEDGEMENT-
STREET NAMES: The City Manager submitted a written
report advising that Weller Lane, S. E., extending from
South Jefferson Street, at the Crystal Spring Pumping
Station, into and through the property of Roanoke
Memorial Hospitals, was closed to the public pursuant to
Ordinance No. 30430-031891, adopted on March 18, 1991;
that Section 30-34 of the Code of the City of Roanoke
(1979), as amended, authorizes the City Manager to
propose to City Council changes in existing names of
streets, both private and public; and Carilion Health
System has requested that the name of the closed portions
of Weller Lane, S. E., be changed to Flannagan Drive in
honor of William H. Flannagan, retired President of
Roanoke Memorial Hospitals and Roanoke Hospital
Association.
The City Manager recommended that Council authorize
changing the name of previously closed portions of Weller
Lane, S. E., to Flannagan Drive.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31351-022293) A RESOLUTION changing the name of
previously closed portions of Weller Lane, S. E., to
Flannagan Drive.
(For full text of Resolution, see Resolution Book No. 54,
page 381.)
Mrs. Bowles moved the adoption of Resolution No.
31351-022293. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers .............. 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
590
CONSULTANTS REPORTS-WATER RESOURCES: The City
Manager submitted a written report with regard to Change
Order No. 1 to the City's contract with Crowder
Construction Company, for Carvins Cove Filter Plant
Improvements - Phase I, in the total amount of
$12,682,280.00.
It was explained that at the time of advertising the
project, Mattern & Craig, Inc., submitted contract
documents to Roanoke and Botetourt Counties for review
and approval relating to zoning, erosion and sediment
control, storm water management, building permits and
Fire Marshal approval; that Roanoke County completed its
plan review the first week of January 1993, with several
minor changes being required, as well as one major
revision to contract documents; that minor revisions
involved provision of certain landscaping elements along
the entrance to the site, additional site fire hydrants,
additional fire extinguishers particularly in the
Chemical Feed buildings, blow-out panels in Chemical Feed
Building No. 1, additional signage for traffic direction
and handicapped parking, widening of the entrance
driveway and gates, additional foundation insulation on
buildings with slab-on-grade and deletion of certain
connections to the sanitary sewer; that the major
revision required a complete redesign of the sediment
basin and revision of the storm water management
calculations in order to comply with a newly issued
Virginia Erosion and Sediment Control Manual, latest
edition (the new manual was not received until after the
project was designed and bid); and Roanoke County has
insisted that the new facilities be constructed based on
regulations contained in the new manual.
It was advised that Mattern & Craig, Inc., has
completed revisions to the contract documents and has
reviewed the requested change with Roanoke County and
received approval of the changes; that Mattern & Craig
has issued the changes to Crowder Construction Company
for pricing, and discussed and negotiated the cost of
changes with the contractor; that the negotiated cost of
required changes is in the amount of $212,519.35, with an
additional construction time of 30 consecutive calendar
days; and time expended by Mattern & Craig for additional
services associated with the changes was 294.25 hours, or
$14,764.89, based on the hourly rate quoted in the
consultant's contract.
The City Manager recommended that he be authorized
to execute Change Order No. 1 to the contract with
Crowder Construction Company, in the amount of
591
ACTION=
$212,519.35 and 30 consecutive calendar days additional
construction time, for a total contract amount of
$12,894,799.35 and 760 consecutive calendar days; and
that he be further authorized to execute Change Order
No. 1 to the contract with Mattern & Craig, Inc., in the
amount of $14,764.89 for additional services rendered.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the
ordinance:
following emergency
(#31352-022293) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 1 to the City's
contract with Mattern & Craig, Inc., for additional
services necessary to design changes required to comply
with the newly issued Virginia Erosion and Sediment
Control Manual; approving the City Manager's issuance of
Change Order No. i to the City's contract with Crowder
Construction Company, to implement changes required to
comply with the newly issued Virginia Erosion and
Sediment Control Manual, in connection with Carvins Cove
Filter Plant Improvements - Phase I; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 381.)
Mr. McCadden moved the adoption of Ordinance No.
31352-022293. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
BUDGET-SEWERS AND STORM DRAINS-HUMAN DEVELOPMENT-
CITY MANAGER-CITY SHERIFF-COMMUNICATIONS DEPARTMENT-
EQUIPMENT: The City Manager submitted a written report
advising that Capital Maintenance and Equipment
Replacement needs have been identified for various
departments, and certain vehicles and related equipment
are necessary to continue to perform assigned duties and
responsibilities in the most efficient and effective
manner, therefore, bids were received on February 5,
1993, for vehicles to be used by the City Manager, City
592
Sheriff, Communications, Water Pollution Control and
Social Services departments.
The City Manager recommended that Council accept the
following bids and reject all other bids received by the
City:
one new full size automobile for the
City Sheriff from Farrell Ford,
Inc., for a total amount of
$12,899.00;
one new full size automobile for the
City Manager from Warnock Ford,
Inc., the current State contract
provider, for a total amount of
$13,436.00;
one new 4-door, 4-wheel drive
utility vehicle for the
Communications Department from
Berglund Chevrolet, Inc., for a
total amount of $14,881.37;
one new 4-wheel drive utility
vehicle, V-6 engine, heavy duty
electrical system for the Water
Pollution Control Plant from
Berglund Chevrolet, Inc., for a
total amount of $15,496.58;
one new mid-size station wagon for
the Social Services Department from
Farrell Ford, Inc., for a total
amount of $13,929.10; and
one new mid-size sedan for the
Social Services Department from
Pinkerton Chevrolet-GEO, Inc., for a
total amount of $9,802.96.
The City Manager further recommended that funding be
provided as follows:
$12,899.00 is available in the Sheriff's
Department, Account No. 001-024-3310-9010, for
the purchase of Item #1;
593
ACTION=
increase the revenue estimate by $13,436.00
from Miscellaneous Revenue, Account No. 001-
020-1234-0859, and appropriate a like amount
to be transferred to Fleet Management, Account
No. 006-052-2641-9010;
appropriate $14,881.37 from the Capital
Maintenance and Equipment Replacement Program
Account to Fleet Management, Account No. 006-
052-2641-9010, for the purchase of Item #3;
appropriate $15,496.58 from the Water
Pollution Control Plant Retained Earnings
Account to Water Pollution Control Plant,
Account No. 003-056-3175-9010, for the
purchase of Item #4; and
$23,732.06 is available in Fleet Management,
Account No. 006-052-2641-9010, for the
purchase of Items #5 and #6.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following emergenc~
ordinance providing for appropriation of funds:
"AN ORDINANCE to amend and rsordain certain sections
of the 1992-93 General, Interual Service, and Sewage
Funds Appropriations, and provzding for an emergency."
Mr. McCadden moved adortion of the ordinance. The
motion was seconded by Mrs. Bowles and lost by the
following vote:
AYES:
McCadden.
Council Members Musser, White, Bowles and
4.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.) (Mayor Bowers abstained from voting.)
Mr. McCadden offered the following resolution:
(#31353-022293) A RESOLUTION accepting bids for
certain motor vehicular equipment and rejecting certain
other bids for such equipment.
(For full text of Resolution, see Resolution Book No. 54,
page 383.)
594
ACTION:
ACTION:
Mr. McCadden moved the adoption of Resolution No.
31353-022293. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES=
McCadden
Council Members Musser, White, Bowles and
NAYS: None .... 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.) (Mayor Bowers abstained from voting.)
ACTING DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Acting Director of
Finance submitted the financial report for the City of
Roanoke for the month of January 1993.
(For full text, see financial report on file in the City
Clerk's office.)
Mr. Musser moved that the financial report be
received and filed. The motion was seconded by Mrs.
Bowles and adopted.
CITY CODE-CITY EMPLOYEES-PENSIONS: The Acting
Director of Finance submitted a written report, advising
that on July 3, 1992, former President Bush signed the
Unemployment Compensation Amendments of 1992; that the
new law significantly changed the treatment of
distributions from qualified retirement plans; and the
Act will provide the following:
liberalize the types of distributions that are
eligible for rollover;
require mandatory income tax withholding at a
rate of 20 per cent for eligible distributions
paid directly to participant and not rolled
over; and
require a qualified plan to provide employees
with a dlrect transfer option.
It was further advised that the Act provides that
any distribution eligible for rollover made after
December 31, 1992, may be rolled over to either a
qualified plan or a qualified Individual Retirement
Account (IRA).
595
It was explained that distributions eligible for
rollover include eligible lump sum payments from defined
benefit retirement plans; that on Monday, January 25,
1993, Council approved a measure authorizing conversion
of unused extended leave to creditable service for
retirement purposes and authorized monthly or eligible
lump sum payments to members and non-members of the City
of Roanoke Pension Plan; and other forms of lump sum
payments made by the Pension Plan are as follows:
death benefits to beneficiaries of members of
the Employees' Retirement System (Section
22.1-69, Code of the City of Roanoke (1979),
as amended); and
a calculated monthly benefit of $50.00 or less
(Section 22.1-71, Code of the City of Roanoke
(1979), as amended).
It was further explained that prior to changes
authorized by the Act, the recipient of a qualified plan
distribution could elect that no income taxes be
withheld; that the Act eliminates the recipient's right
to make such an election; that the one significant
exception to the withholding requirement is that no
portion will be subject to withholding if the recipient
elects to have the distribution transferred directly to
another qualified plan or a qualified Individual
Retirement Account; and the Act imposes two new
responsibilities upon an employer who maintains a
qualified retirement plan; viz:
The plan must be written to permit a direct
transfer of a participant's benefits from the
plan to another qualified plan or to a
qualified Individual Retirement Account.
A participant must be provided with a notice
before a distribution is made, and the notice
must advise of the right to roll the
distribution over, the new withholding rules
and the direct transfer option.
596
ACTION:
The Acting Director of Finance recommended that
Council approve a measure, effective January 1, 1993,
amending the Code of the City of Roanoke (1979), as
amended, authorizing direct transfer of lump sum
distributions from the City of Roanoke Pension Plan to
another qualified plan or to a qualified Individual
Retirement Account.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31354-022293) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by enacting new
Section 22.1-36.1, Rollover of lump sum distributions, to
provide, under certain circumstances, for rollover of
lump sum distributions under the City of Roanoke Pension
Plan to individual retirement arrangements or to
qualified defined contribution plans, at the discretion
of the beneficiary; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 384.)
Mrs. Bowles moved the adoption of Ordinance No.
31354-022293. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers --5.
NAYS: None
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
DIRECTOR OF REAL ESTATE VALUATION:
REAL ESTATE VALUATION-CITY EMPLOYEES: The Director
of Real Estate Valuation submitted a written report
advising that the annual salary appropriation ordinance
authorizes an annual salary increment for certain
officers and employees using their private motor vehicles
routinely in conducting City business; that the Director
of Real Estate Valuation, Senior Appraiser and Appraiser
597
ACTION:
Job classifications are set out in the ordinance and
authorized an annual salary increment payable on a bi-
weekly basis; that a vacant Senior Appraiser position was
reclassified to two Junior Appraiser positions in October
1992; and the Deputy Director of Real Estate Valuation
receives an annual salary increment but is not one of the
Job classifications set out in the ordinance.
It was further advised that the Deputy Director and
Junior Appraiser Job classifications are not included in
the ordinance; that authorization by Council, in the form
of an ordinance, is required to provide an annual salary
increment for the Junior Appraiser and Deputy Director
Job classifications; and the annual salary increment for
Senior Appraiser and Appraiser is $1,620.00.
The Director of Real Estate Valuation recommended
that Council adopt an ordinance adding the Deputy
Director of Real Estate Valuation and Junior Appraiser
positions to the list of Job classifications for which
the annual salary increment for automobile use is
authorized.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31355-022293) AN ORDINANCE establishing annual
salary increments for automobile use for two Job
classifications in the City's service; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 385.)
Mrs. Bowles moved the adoption of O~dinance No.
31355-022293. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
REPORTS OF COMMITTEES: None.
598
ACTION:
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 2:40 p.m., the Mayor declared the meeting in
recess.
At 4:00 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Vice-
Mayor Fitzpatrick and Council Member Harvey.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Whlte,
McCadden and Mayor Bowers
Bowles,
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Harvey were
absent.)
CABLE TELEVISION: Council Member Musser,
Chairperson of the Roanoke Valley Regional Cable
Television Committee, advised that in the near future,
the Governmental Access Channel which is currently
programmed on Channel 17, will move to Channel 3.
599
There being no further business, the Mayor declared the
meeting adjourned at 4:03 p.m,
APPROVED
ATTE ST:
City Clerk
Mayor