HomeMy WebLinkAboutCouncil Actions 02-18-03ROANOKE CITY COUNCIL
REGULAR SESSION
FEBRUARY 18, 2003
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
HARRIS
3623 7-021803
1. Call to Order--Roll Call. (Council Member Dowe was absent.)
The Invocation was delivered by The Reverend Horace D. Light, Pastor,
Hollins Road Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday,
February 20, 2003, at 7:00 p.m., and Saturday, February 22, 2003, at 4:00 p.m.
Council meetings are now being offered with closed captioning for the hearing
impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE
THE CITY COUNCIL AGENDA AND RELATED
COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR
REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED
IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA
MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C.
TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR
CALL 853~2541.
THE CITY CLERK'S OFFICE NOW PROVIDES THE MAJORITY OF
THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING
AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL,
GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM,
CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON
MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE
ACROBAT SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE
REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO
IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER.
ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE
ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE
ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY
COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR
COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S
OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEGOV.COM TO OBTAIN AN APPLICATION.
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2. PRESENTATIONS AND ACKNOWLEDGMENTS:
Proclamation declaring Tuesday, February 18, 2003, as Jim Olin Day.
File #3
Government Finance Officers Association Distinguished Budget Presentation
Award.
File #60-80-299
CONSENT AGENDA
C-1
C-2
(APPROVED 6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
Minutes of the regular meetings of Council held on Monday,
November 20, 2000, and January 6, 2003.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
A communication from the Honorable Ralph K. Smith, Mayor,
requesting a Closed Meeting to discuss vacancies on certain authorities,
boards, commissions and committees appointed by Council, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #110-132
3
C-3
A communication from the City Manager requesting that Council
schedule a public hearing for Monday, March 17, 2003, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to a proposed
encroachment into a public right-of-way at 3308 Franklin Road, S. W.
RECOMMENDED ACTION: Concur in the request.
File #28-322
C-4
Minutes of the Greater Roanoke Transit Company Audit Committee held
on Monday, February 3, 2003.
RECOMMENDED ACTION: Receive and file.
File #10-55
C-5 Minutes of the Roanoke City Audit Committee meeting held on Monday,
February 3, 2003.
RECOMMENDED ACTION: Receive and file.
File #10-280
C-6
A communication from the City Attorney requesting that Council
convene in a Closed Meeting to discuss disposition of publicly-owned
property, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as
amended.
RECOMMENDED ACTION: Concur in the request.
File #83-132
C-7
A communication from the City Attorney requesting that Council
convene in a Closed Meeting for consultation with legal counsel regarding a
specific legal matter requiring the provision of legal advice by such counsel,
pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #83-132
4
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
A request for endorsement by Council of a resolution recognizing the
architectural and historic significance of the Fairacres property, 2713
Avenham Avenue, S. W. Alison S. Blanton, President, Roanoke Valley
Preservation Foundation.
The matter was deferred until the regular meeting of Council on
Monday, March 3, 2003, at 2:00 p.m., or as soon thereafter as the
matter may be heard.
File #216
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
A communication with regard to affirmative action and diversity
initiatives for calendar year 2002.
Received and filed.
File #184-411
A communication with regard to workers' compensation
supplemental pay inequities.
(Withdrawn by the City Manager.)
A communication recommending amendment to the Fee
Compendium relative to outdoor dining.
Adopted Ordinance No. 36237-021803. (6-0)
File #289-555
o
A communication with regard to the Elm Avenue and Interstate
581 Interchange study.
Adopted Budget Ordinance No. 36238-021803. (6-0)
File #20-60-77
So
A communication recommending transfer of funds for snow
removal.
Adopted Budget Ordinance No. 36239-021803. (6-0)
File #60-410
A communication in connection with funding for the Fifth
District Employment and Training Consortium Welfare to Work
Grant.
Adopted Budget Ordinance No. 36240-021803. (6-0)
File #60-246
A communication with regard to renewal of the Roanoke
Homeless Assistance Team Grant.
Adopted Budget Ordinance No. 36241-021803 and Resolution
No. 36242-021803. (6-0)
File #60-178-236
7. REPORTS OF COMMITTEES:
go
A report of the City Planning Commission transmitting the 2002 Annual
Report.
Received and filed.
File #109-200
6
A communication from the Roanoke City School Board requesting
appropriation of funds for various school accounts; and a report of the
Director of Finance recommending that Council concur in the request.
Adopted Budget Ordinance No. 36243-021803. (6-0)
File #60-467
8. UNFINISHED BUSINESS:
Discussion with regard to the First Street Bridge (pedestrian or
vehicular).
Council adopted a motion that design of the First Street Bridge be
completed as soon as possible for vehicular one-way traffic and a
pedestrian bridge; and that the City Manager be directed to identify
a source of funds, including the possible use of CMERP reserve
funds and Transportation Enhancement funds. (Mayor Smith and
Council Member Wyatt voted no.)
File #60-102-270
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
Ordinance No. 36232, on second reading, amending and reordaining
certain sections of the 2002-03 Capital Projects Fund Appropriations.
Adopted Budget Ordinance No. 36232-021803. (6-0)
File #20-60-316
7
10. MOTIONS AND MISCELLANEOUS BUSINESS:
ao
Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Council adopted a motion to name the newly renovated First Street
Bridge in memory of the late Dr. Martin Luther King, Jr., and that
the City work with the Southern Christian Leadership Conference
(SCLC) with regard to design elements.
File #80-102
Adopted Ordinance No. 36244-021803 providing for conveyance of
City-owned property located at the intersections of Gainsboro and
Gainsboro Road and at Gainsboro and Harrison Road, to adjacent
and nearby property owners. (6-0).
File #166
Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
The following persons addressed Council with regard to the City's
expanded application to sell alcoholic beverages at the Roanoke Civic
Center, which application will be heard by the Commonwealth of Virginia
Department of Alcoholic Beverage Control Board on February 20, 2003:
Ms. Karen Graybill, 4617 Casper Drive, N. E.
The Reverend Levi Dent, 119 Noble Avenue, N. E.
Mr. Juan Varr, 3106 Plantation Road, N. E.
Mr. Duane Howard, 508 Walnut Avenue, S. W.
Mr. Al Bedrosian, 8346 Cardington Drive, N. W.
Beth Doughty, President, Roanoke Regional Chamber of Commerce
8
Ms. Helen E. Davis, 35 Patton Avenue, N. E.
Mr. Mike Pace, 10 Franklin Road, S. W.
Calvin Johnson, Chair, Roanoke Civic Center Commission
A motion was adopted to request the Commonwealth of Virginia
Department of Alcoholic Beverage Control Board to consider relocating
the February 20 hearing scheduled to be held in the Bankruptcy Court in
the Poff Federal Building to a location that will accommodate a larger
number of persons.
File #66-192-322
12. CITY MANAGER COMMENTS:
The City Manager expressed appreciation to Council for its leadership in
regard to the First Street Bridge and for the naming of an appropriate site
in memory of the late Dr. Martin Luther King, Jr., which are decisions
that will bring the community closer together.
File #80-102
CERTIFICATION OF CLOSED MEETING. (6-0)
The following persons were appointed/reappointed to Council-Appointed
committees:
Personnel and Employment
Practices Commission
File #15-110-202
Virginia Stuart to fill the
unexpired term of
Jeannette E. Hardin,
ending June 30, 2003.
Industrial Development Authority
File #15-110-207
Allen D. Williams to fill
the unexpired term of
Stark H. Jones, ending
October 20, 2006.
Parks and Recreation Advisory Board
File #110-67
Mary F. Monk, Jim
Hale, and Carl H.
Kopitzke for terms
ending March 31, 2006.
9
Advisory Committee - League of Older
Americans
File gl 10-243
Vickie F. Briggs for a
term ending
February 28, 2004.
Roanoke Regional Airport Commission
File #9-15-110
James M. Turner, Jr.,
for a term ending
March 9, 2007.
Fair Housing Board
File #15-110-178
Sherman V. Burroughs,
Raymond Debose, Jr.,
and Tuan Reynolds, for
terms ending March 31,
2006.
Hotel Roanoke Conference
Center Commission
File gl5-110-247
William White, Sr., for a
term ending April 8,
2007.
Roanoke Valley Regional Cable
Television Committee
File #110-448
Delvis O. "Mac"
McCadden for a term
ending June 30, 2005.
AT 6:20 P.M., THE COUNCIL MEETING
RECESS TO BE RECONVENED AT 7:00
COUNCIL CHAMBER.
WAS DECLARED 1N
P.M., IN THE CITY
10
ROANOKE CITY COUNCIL
REGULAR SESSION
FEBRUARY18, 2003
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call. (All present)
The Invocation was delivered by Vice-Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Smith.
Welcome. Mayor Smith.
NOTICE:
The meeting was televised live by RVTV Channel 3 to be replayed on
Thursday, February 20, 2003, at 7:00 p.m., and Saturday, February 22, 2003,
at 4:00 p.m. Council meetings are now being offered with closed captioning
for the hearing impaired.
11
A. PUBLIC HEARINGS:
Public hearing on a proposed amendment to the following sections of
Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended:
Section 36.1-164, Pemfitted use~, and Section 36.1-185, Permitted uses,
to remove medical clinics as a permitted use in the CN, Neighborhood
Commercial District, and the C-l, Office District; and amending and
reordaining Section 36.1 - 165, Special exception uses, and Section 36.1-
186, Special exception uses, to add medical clinics as a use permitted by
special exception in the CN, Neighborhood Commercial District, and the
C- 1, Office District. Robert B. Townsend, Director, Planning, Building
and Development.
Adopted Ordinance No. 36245-021803.
Bestpitch voted no.)
File//24-51
(6-1, Council Member
Public hearing with regard to a proposal of the City of Roanoke to allow
encroachment of an awning extending at least eight feet and eight inches
above the sidewalk and approximately 30 inches into the public right-of-
way at the comer of 1 West Campbell Avenue and Jefferson Street,
S.W. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 36246-021803. (7-0)
File #28
Public hearing on a proposal of the City of Roanoke to award a contract
for lease and management of the Historic City Market Building.
Darlene L. Burcham, City Manager.
Adopted Ordinance No. 36247-021803. (7-0)
File//42-373
12
C. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
The following persons spoke in regard to adoption by Council of a
resolution opposing unilateral preemptive military action against Iraq by
the United States of America:
The Reverend Rusty Dinkins-Curling, 2817 Cumberland Street, N. W.
Ms. Susie Fetter, 2923 Carolina Avenue, S. W.
Ms. Gene Edmunds, 2332 Rosalind Avenue, S. W.
Ms. Willow Dees, 517 Allison Avenue, S. W.
(No action was taken by the Council.)
File #132
Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke against the sale of
alcoholic beverages at the Roanoke Civic Center. In recognition of his
retirement as a local business man, Mr. Craft suggested that Council
honor Delegate A. Victor Thomas for his contributions to the community.
File #66-80-192
Mr. Robert Gravely, 3860 Hershberger Road, N.W., expressed concern
with regard to the overall condition of the City of Roanoke.
File #66
THE CITY COUNCIL MEETING WAS DECLARED IN RECESS
UNTIL THURSDAY, FEBRUARY 27, 2003, AT 10:00 A.M., AT THE
ROANOKE REGIONAL TRAINING CENTER, 1220 KESSLER MILL
ROAD, SALEM, VIRGINIA, FOR A JOINT MEETING OF THE
ROANOKE CITY COUNCIL AND THE ROANOKE COUNTY BOARD
OF SUPERVISORS TO DISCUSS A REGIONAL WATER AND SEWER
AUTHORITY.
13
Office of the Mayor
CITY OF ROANOKE
WHERE~$, James ~ Olin was born on February 28, 1920. in Chicago, Illinois, to Harry
and Katherine Olin; he is the oldest of three children,, and
tFItEREA$, Jim Olin graduated from New Trier High School in Evanston Ilhnots, where h
was class President and right-guard on the football te . _ · ' ' e
am; ne then spent three years at Deep
Springs Junior College, a work-study liberal arts school located on a ranch in the California
desert,, he graduated from Cornell University with a degree in Electrical Engineering in 1943,.
and
FFtlERE,4S, Jim Olin met Phyllis Avery at Cornell University and they were married in
October, 1944. one week after her college graduation and his graduation as a second lieutenant
from the Signal Corps Officers Candidate School at Ft. Monmout& New Jersey,. the following
year, he was given a Signal Corps assignment at Fairbanks, Alaska,. Ul~On arrival in Alaska, he
received a telegram announcing the arrival of hts flrst son, Richard,. and
$?7HEIIE~S, after his Army discharge, Jim worked for the General Electric Company as a
"test engt~eer ' 'n Erie, Pennsylvanic~ and then Schenectady, Hew Yor~ where he and bis wife
became the parents of four additional children.. Tom, Kathy, James Jr., and Trina; and
n~o~iff~__~i.~.._ Oh~. ~e, catne ~nvol~ed ~,. Hlit,¢$ and ~*~ slarted working for local sta
Town of Rotterdart~ New York; and ~ ,- rcs ztrsc etecttve office as Supervisor of the
}FItEREeI$, Jim Olin was promoted to the General Manager of the General Electric plant in
Salem, Vi't.ginia' and the Olins moved to Roanoke, where, in addition to his corl~orate duties, he
became acttve tn communuy and pohttcal affatrs; he is a member of the Unitarian Universalist
Church; and
}FIIEII~F~I$, Jim Olin retired in 1982 as Vice-President of General Electric,. he ran for the
United States Congress and was elected as Dtstrict of Virginia Congressman in 1982; he
served on the Agrteidture Commtttee and the Small Business Committee, and he is most proud of
his work in establishing ten wilderness a~as in Virginia and the Buena Vista Flood Control
Project; he retired from Congress after serving with distinction for ten years.
WltERE~$, the Olins will relocate to Charlottesville, Virginia, to be close to their ftve
chtYdren and eleven grandchildren in March, 2003.
NOFg'" TltEREFOR~, l, Ridph l~ Smith, Mayor of the City of Roanoke VL ini '
of his years of faithful and outstanding service ~ a: .... · rg c~ tn recognition
this great country, do hereby proclaim Tuesday, February 18, 2003, throughout this great All-
° to ,,~ ~ommantty aha to the politicalprocess of
America City, as
JIM OLINDAY.
Given under our hands and the Seal of the City of Roanoke this fourteenth day of February in the
year t~o thousand and three.
ATTESI~.
Mary 1~ Parker
City Clerk
Ralph I~ Smith
Mayor
GOVERNMENT FINANCE
OFFICERS ASSOC]ATION
203 North LaSalle Street, Suite 2700, Chicago, Illinois 60601-1210
312/977-9700 · I:ax: 312/977-4806
December 11, 2002
Mr. Barry Key
Director of Management and Budget
City of Roanol~e
215 Church Avenue SW
Room 354
Roanoke, VA 24011-1538
Dear Mr. Key:
A Panel of independent reviewers has completed its examination of your budget
document. We are pleased to inform you that the panel has voted to award your bndget
document the Distinguished Budget Presentation Award for the current fiscal period.
This award is the highest form of recognition in governmental budgeting. Its attainment
represents a significant achievement by your organization.
The Distinguished Budget Presentation Award is valid for one year. To continue your
participation in the program, it will be necessary to submit your next annual budget
document to GFOA within 90 days of the proposed budget's submission to the legislature
or within 90 days of the budget's final adoption. Enclosed is an application form to
facilitate a timely submission. This form should be submitted with four copies of your
budget accompanied by the appropriate fee.
Each program participant is provided with confidential comments and suggestions for
possible improvements to the budget document. Your comments are enclosed. We urge
you to carefully consider the suggestions offered by our reviewers as you prepare your
next budget. -
When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of
Recognition for Budget presentation is also presented to the individual or department
designated as being primarily responsible for its having achieved the award. Enclosed is
a Certificate of Recognition for Budget Preparation for:
Department of Management and Budget
Your award plaque will be mailed separately and should arrive within six weeks.
Enclosed is a camera-ready reproduction of the award for inclusion in your next budget.
If you reproduce the camera-ready in your next budget, it should be accompanied by a
statement indicating continued compliance with program criteria.
The following standardized text should be used:
WASHINGTON OFFICE
1750 K Street, N.V~, Suite 350, Washington, DC 20006
202/429-2750 · Fax: 202/429-2755
Mr. Barry Key
December 11, 2002
Page 2
The Government Finance Officers Association of the United States and
Canada (GFOA) presented a Distinguished Budget Presentation Award to
City of Roanoke, Virginia for its annual budget for the fiscal year
beginning July 1, 2002. In order to receive this award, a governmental
unit must publish a budget document that meets program criteria as a
policy document, as an operations guide, as a financial plan, and as a
communications device.
This award is valid for a period of one year only. We believe our current
budget continues to conform to program requirements, and we are
submitting it to GFOA to determine its eligibility for another award.
Also enclosed is a press release.
The Government Finance Officers Association encourages you to make arrangements for
a/rbrmal presentation of the award. If you would like the award presented by a member
of your state or provincial finance officers association, we can provide the name ora
contact person for that group.
We appreciate your participation in this program and we sincerely hope that your
example will encourage others in their efforts to achieve and maintain excellence in
governmental budgeting. If we can be of further assistance, please contact the Technical
Services Center.
Sincerely,
Stephen J. Gauthier, Director
Technical Services Center
Enclosure
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
203 North LaSalle Street, Suite 2700, Chicago, Illinois 60601-12~10
312/977-9700 · Fax: 312/977-4806
December 11, 2002
PRESS RELEASE
For Further Information Contact
Stephen J. Gauthier (312) 977-9700
Chicago--The Government Finance Officers Association of the United States and Canada
(GFOA) is pleased to announce that City of Roanoke, Virginia has received the
GFOA's Distinguished Budget Presentation Award for its budget.
The award represents a significant achievement by the entity. It reflects the commitment
of the governing body and staff to meeting the highest principles of govemmental
budgeting. In order to receive the budget award, the entity had to satisfy nationally
recognized guidelines for effective budget presentation. These guidelines are designed to
assess how well an entity's budget serves as:
· a policy document
· a financial plan
· an operations guide
· a communications device
Budget documents must be rated "proficient" in all four categories to receive the award.
When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of
Recognition for Budget Presentation is also presented to the individual or department
designated as being primarily responsible for its having achieved the award. This has
been presented to Department of Management and Budget.
Since the inception of the GFOA's Distinguished Budget Presentation Awards Program
in 1984, approximately 900 entities have received the Award. Award recipients have
pioneered efforts to improve the quality of budgeting and provide an excellent example
for other governments throughout North America.
The Government Finance Officers Association is a nonprofit professional association
serving 14,000 government f'mance professionals throughout North America. The
GFOA's .Distinguished Budget Presentation Awards Program is the only national awards
program ~n governmental budgeting.
WASHINGTON OFFICE
1750 K Street, N.W., Suite 350, Washington, DC 20006
202/429-2750 · Fax: 202/429-2755
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
C-1
November 20, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 20, 2000, at 12:15 p.m., the regular meeting hour, in the Emergency
Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith
presiding, pursuant to Rule 1, Reqular Meetin[is, of Section 2-15, Rules of Procedure,
Code of the City of Roanoke (1979), as amended; and pursuant to Resolution No.
34905-070300 adopted by the Council on July 3, 2000.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., William D.
Bestpitch, William H. Carder and Mayor Ralph K. Smith ......................................... 5.
ABSENT: Council Members William White, Sr., and Linda F. Wyatt ............... -2.
OTHERS PRESENT: Peter Larkin, District Director for Congressman
Goodlatte; Richard A. Kelly, Assistant Superintendent of Operations, Roanoke City
Public Schools; Thomas A. Dick, City of Roanoke Legislative Liaison; and Philip C.
Schirmer, City Engineer.
The Mayor congratulated Congressman Goodlatte on his recent reelection;
and advised that immediately following lunch, the business session would convene.
The invocation was delivered by Council Member Harris.
Following lunch, the business session convened at 12:45 p.m.
Congressman Goodlatte congratulated Mayor Smith and Vice-Mayor Carder
on their election to Roanoke City Council, and Ms. Burcham on her appointment as
City Manager.
Congressman Goodlatte advised that he continues to follow with great interest
the planning for locating 1-73 that is routed by Federal Law through the Roanoke
Valley for the purposes of improving highway safety, particularly to upgrade or
replace Route 220 south of Roanoke for economic development purposes and to
provide better connections to the Piedmont Triad of North Carolina and Charlotte,
North Carolina; and the Virginia Department of Transportation will hold a series of
public hearings beginning in December 2000, and a decision will be made in the
spring of 2001. He further advised that he is working with local and Blue Ridge
Parkway officials to develop a Blue Ridge Parkway Interpretive Center which will
include a Visitor's Center at Explore Park. He stated that legislation that was jointly
introduced by Congressman Frederick C. Boucher will ultimately bring local satellite
television to the smaller markets in the country, and if the bill passes, it will give
residents in the City of Roanoke competition for their local television service; and
satellite television is not only something that will enhance competition and the use
of satellite technology in smaller communities and rural areas, but will also
ultimately be used for high speed Internet access.
Congressman Goodlatte further advised that the Roanoke Regional Airport
Commission has convinced the Federal Aviation Administration to transfer slots for
Chicago O'Hare Airport to Atlantic Coast Airlines so that airline service could
continue an important connection through Roanoke. He stated that working in
conjunction with Congressman Boucher, they have supported efforts to bring
passenger rail service to southwest Virginia, including legislation that has been
signed into law requiring AMTRAK to participate in a Virginia initiative to provide
passenger rail service from Abington to Roanoke to Lynchburg to Richmond and to
Washington, D.C. He advised that with AMTRAK required to participate, if
negotiations lead to a cooperative venture, the railroads must provide the right-of.
way to AMTRAK which has a nationwide right-of-way for passenger rail service; and
the initiative by the Norfolk Southern Corporation to improve its track lines from
Chattanooga, Tennessee, to Harrisburg, Pennsylvania, would improve the amount
of time a passenger train runs through that area from speeds as Iow as 20 or 30
miles per hour to speeds up above 60 miles per hour, however, the problem is the
railroad does not have the capital to make this kind of investment, and for the first
time, the railroad industry is looking for assistance with its transportation needs by
government appropriations.
Congressman Goodlatte stated that he supports the efforts of the City of
Roanoke and Center-In-The-Square to utilize the passenger rail station in Roanoke
as a visitors' center and a museum; and pointed out that he was successful in
obtaining a $500,000.00 appropriation from Congress which will not sufficiently
cover the entire cost of the project, and an alternative supplemental funding source
is under review. He further stated that he is working with the City Manager on a
question with regard to construction in flood plains, and has contacted the Federal
Emergency Management Agency. He expressed an interest in the Mayor's initiative
to bring better air service to Roanoke, and advised that objections have been raised
with the Justice Department regarding the proposed merger of United Airlines and
U. S. Airways; and he is concerned about the loss of competition in all three airports
within this Congressional district. He expressed support of the City's efforts to work
with Carilion in the Biomedical Research Park, and offered to assist with efforts for
grant funds for some of the projects that are to be undertaken.
Council Member Bestpitch expressed appreciation to Congressman Goodlatte
for his comments regarding rail service and the airport issue, and advised that he
believes the City's total allocation of its resources for transportation needs, along
with highways, need to be studied.
Mayor Smith asked for a recommendation as to what the City could do to
recruit more high tech businesses; whereupon, Congressman Goodlatte advised
that it is a difficult proposition due to a threshold problem, i.e., northern Virginia
continues to grow due to the Federal Government issuing contracts; and attracting
talent and capital to northern Virginia is easy since the infrastructure is already
there.
Congressman Goodlatte further advised that the City has an opportunity to
build ties with Virginia Tech, and with improved transportation like the smart
highway, and location of the Higher Education Center, Roanoke can become a part
of that same benefit; and the Biomedical Research Facility is a key part of building
identification with Virginia Tech and the University of Virginia. He stated that
Roanoke has a diverse economy with emphasis on medical services, commercial
services, banking services, etc., and should pay attention to all sectors of the
economic base; however, Roanoke must promote its strengths, which is its quality
of life, ties to Virginia Tech, Iow cost-of-living, and a host of other benefits.
The City Manager raised a question with regard to the satellite television issue
previously discussed and inquired if the satellite would have the capability to
broadcast the public access channel; whereupon, Congressman Goodlatte
responded that he did not know the answer since it is not a broadcast channel, and
asked if it was simply an add on cable system. The City Manager responded that
she was not certain about the technical term, but thought it was an appropriate and
essential medium for government to communicate with its citizens; and advised that
the City of Roanoke is resorting to redevelopment, and in the process, is identifying
sites that are either active sites for various materials or retired sites. The City
Manager requested assistance in identifying various opportunities with regard to
brown field sites, both for funding and other special considerations, in order to make
the sites conducive to attracting businesses and industries. She called attention to
tax credits and other ideas under discussion that would encourage businesses to
locate in those areas within communities, which will help the City to stay competitive
in this new environment.
The City Manager expressed concern with regard to the buildings being
demolished for more surface parking lots in the downtown area, and advised that the
City of Roanoke needs to address the parking issue to keep downtown Roanoke
viable, and the City is experimenting with a shuttle concept in order to encourage
City employees to not park in the immediate downtown area so as to create
additional parking spaces; and offering programs or grant funds to expand the
shuttle opportunity to businesses in the downtown would not only preserve the
character of downtown and the availability of office space, but would also deal with
the issue of expensive parking. She complimented Congressman Goodlatte and the
Congress on assistance that has been provided through the CDBG program, which
is needed to address a multitude of neighborhood issues; and called attention to a
HOPE VI grant that is being used in the Lincoln Terrace housing community, but
additional assistance is needed to address public housing, with the goal of
dispersing the public forms of housing for Iow and moderate income individuals, as
opposed to resorting to congregated housing, such as public housing. She pointed
out that the Police Department has benefitted significantly as a result of certain
grant programs available to help with crime prevention activity.
Congressman Goodiatte advised that he shares a common interest with the
City of Roanoke regarding brown fields, and called attention to his work with the
Town of Clifton Forge and Alleghany County on the CSX yards, during which time
he worked with the EPA on obtaining a grant for the yards; and he is interested in
using the contacts made in Alleghany County to assist the City of Roanoke or other
localities that need support with regard to brown fields.
Mr. Kelly called attention to two issues that were more global in nature, and
not quite as local or regional as items previously discussed, i.e., the Individuals With
Disabilities Education Act, known as the IDEA, in which the Federal Government
mandates special education services, making a commitment to support 40% of
mandated costs, while the Roanoke City Schools is currently receiving
approximately 15% of the mandated costs reimbursement, with the remaining 85%
being basically supported by the locality and to some extent by the State. He called
attention to recent legislation that Congress was going to increase the amount of
educational funding, and it is hoped that Congress will continue to review the issue
and in an effort to increase money for special education services since it is one of
the fastest growing areas in terms of cost for local school divisions. He stated that
the second issue deals with the Qualified Zone Academy Bond or QZAB; the School
system has a number of schools located in economic empowerment zones; and
Roanoke City Schools have been eligible for about $1.3 million in funding for
Qualified Zone Academy Bonds, but have approximately $10 - 12 million in
requirements. He pointed out that there has been some discussion in Congress
about increasing the amount of funding authority for the Qualified Zone Academy
Bonds, and on behalf of the Roanoke City School System, he requested that the
funding authority be increased. Congressman Goodlatte responded that he is
optimistic that funds will be found.
Discussion was held with regard to local governments having the ability to
exercise eminent domain to acquire property needed for public projects.
There being no further business, the Mayor declared the meeting in recess at
1:35 p.m., to be reconvened at 3:00 p.m., in the Governor's School Lecture Hall,
Patrick Henry High School, 2102 Grandin Road, S. W., City of Roanoke.
At 3:00 p.m., on Monday, November 20, 2000, the regular meeting of City
Council reconvened in the Governor's School Lecture Hall, Patrick Henry High
School, 2102 Grandin Road, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Smith presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., William
White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor
Ralph K. Smith .................................................................................................. 7.
ABSENT: None ................................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council Member
C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS:
PROCLAMATIONS-HUMAN DEVELOPMENT: The Mayor presented a
proclamation declaring the week of November 19 - 25, 2000, as Roanoke Valley
Family Week in the City of Roanoke.
BUSES-ACTS OF ACKNOWLEDGEMENT: The Mayor recognized Jimmy Carter,
Nathaniel Craig, Chaun Dooley, and Ricky Joseph, Valley Metro Bus Operators, who
won the "Best Overall Operator Team" Award at the Twelfth Annual Virginia Transit
Roadeo held on August 26 and 27, in Hampton Rhodes, Virginia. He advised that the
operators' competition consisted of a written examination, a timed obstacle driving
test, and participants were judged on their appearance, knowledge, driving skills,
professionalism and safety techniques. He presented Messrs. Carter, Craig, Dooley
and Joseph with an emblem of the Roanoke City Seal.
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, June 5,
2000, and Monday, June 19, 2000, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Carder moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Hudson and
adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. -7.
NAYS: None ....................................................................................... -0.
ZONING-COMMUNITY PLANNING: A communication from Edward A. Natt,
Attorney, requesting a revision to language in the LM, Light Manufacturing District,
with regard to general service establishment, and to add the following similar
language as a permitted use in the HM, Heavy Manufacturing District, was before
the Council:
(24) General service establishments primarily engaged in the repair or
maintenance of goods or items, including automobiles, trucks,
construction equipment, and the provision of business and personal
services, provided all repair and maintenance activities are wholly
enclosed in a building and provided that the gross floor area of all new
buildings for such uses is not less than five thousand (5,000) square
feet.
Mr. Carder moved that the request be referred to the City Planning
Commission for study, report and recommendation to Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ....................................................................................... --0.
OATHS OF OFFICE-COMMITTEES.YOUTH: A report of qualification, of Jenna
Decker as a member of the Youth Services Citizen Board, for a term ending May 31,
2000, was before Council.
Mr. Carder moved that the report of qualification be received and filed. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS:None .......................................................................................... ~.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUILDINGS/BUILDING DEPARTMENT-COMPLAINTS: Mr. Frank G. Roupas,
1841 Washington Road, S. W., registered two complaints against the Building
Department, i.e., (1) a certificate of record on rental property at 1018 Patterson
Avenue, S. W., and (2) an employee of the Building Department who offered legal
advice while inspecting a residence. He urged Council to direct the City Manager
to investigate the two complaints.
Without objection by Council, the Mayor advised that the remarks of Mr.
Roupas would be referred to the City Manager for response.
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:
$184,542.00 from 2000.01 Capital Maintenance and Equipment
Replacement Funds to fund textbook adoptions, records storage,
music instrument replacement, facility maintenance equipment,
modular buildings, roof replacement, handicap access, Magnet School
improvements, and elementary school improvements.
$625,000.00 to provide additional 1999 Bond Funds for architectural,
engineering, survey, and soil analysis fees for the new Roanoke
Academy for Mathematics and Science facility.
$18,000.00 to provide for an educational training program at the Blue
Ridge Technical Academy for high school students at risk of academic
failure and dropping out of school; State funds have been received for
curriculum development and planning needs, which is a continuing
grant program.
$17,524.00 for the Flowers for Education Program (horticulture
curriculum) at William Fleming and Patrick Henry High Schools; the
program will provide opportunities for students with disabilities for
competitive employment, which is a continuing program that will be
reimbursed 100 per cent by Federal funds.
$6,797.00 for the Special Education Interpreter Training Program to
provide for development of a training curriculum for the hearing
impaired, which is a continuing program that will be reimbursed 100 per
cent by Federal funds.
$1,699.00 for purchase of a personal computer for the Parent Resource
Center, which program will be reimbursed 100 per cent by Federal
funds.
$125,000.00 for the Middle School Learning Center Pilot Program, which
is a joint program funded by both City and Schools for fiscal year
2000-01.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Mr. White offered the following emergency budget ordinance:
(#35137-112000) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General, School and School Capital Projects Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 4.)
Mr. White moved the adoption of Ordinance No. 35137-112000. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................... -0.
SCHOOLS: Rita Bishop, Assistant Superintendent of Instructions, Roanoke
City Schools, introduced Dr. Richard Shelly, Director of the Roanoke Valley
Governor's School, and invited City officials to tour the facility. She advised that the
Roanoke Valley Governor's School was established in 1985, focusing on
mathematics, science and technology; and seven school districts participate in the
Roanoke Valley Governor's School, i.e., the City of Roanoke, City of Salem and the
Counties of Bedford, Botetourt, Craig and Franklin, with 234 students attending
half-day sessions. She stated that a new curriculum is being developed that
addresses information on human genes which will combine the information with
computer technology.
Ms. Bishop highlighted the following student successes at the Governor's
School since its establishment: four of the last five years in the National Young
Inventors and Creators Competition; 80 per cent of student research projects
submitted for presentation to the Virginia Junior Academy of Science; 14 students
currently participate in the mentorship program; 100 per cent of students have
passed the Standards of Learning, and a majority have passed the advanced
proficient category; 97 per cent of the Governor's School graduates believe they are
better prepared for college, and 87 per cent of graduates have the option of
beginning college careers at an accelerated level; and students have qualified for
and attended the International Science and Engineering Fair every year since 1987.
She also highlighted successes for 2000; i.e.: one national merit finalist and ten
national merit commended students; 67 students were offered a total of
$1,666,200.00 in scholarship support; the average SAT score was 1314; 18
valedictorians and two salutatorians.
Ms. Bishop introduced Angela Marshall and Ann Henley Saunders, Patrick
Henry High School seniors, and Kenya Motley, a William Fleming High School junior,
to speak about a program called intercession.
Ms. Marshall advised that a core advantage to the Governor's School is its
dedication to science fair projects; the school year is divided into three trimesters
with a period of approximately 18 days, which is known as intercession that is solely
dedicated to the design, construction, experimentation and production of each
student's project; first year students are required to take Fundamentals Of Research
(FOR) as an elective course that serves as a foundation for other electives, which
is considered to be an extremely powerful course that provides the necessary tools
for a student to thrive at any level of a science fair competition.
Ms. Saunders stated that it was a difficult transition at the beginning of her
high school career, FOR helps to balance the principles of budgeting time wisely
through time management which also helped in balancing her workload.
Ms. Motley pointed out the importance of FOR as a part of the Governor's
School intercession. She advised that students do not have to take a core math or
science class, both are incorporated in the electives; some of the electives may
include biotechnology, bio-engineered food, environmental research jobber
programming which allows students to create their own computer programs;
project design engineering which allows students to create their own products and
patent them; and her group is creating a smoke detector for the hearing impaired
that could save lives.
The Mayor expressed appreciation for the presentations.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BRIDGES-STREETS AND ALLEYS: The City Manager introduced Harold Fott,
Hayes, Seay, Mattern and Mattern, for a briefing with regard to the First Street
Pedestrian Bridge.
Mr. Fott advised that conversion of the First Street Bridge to a pedestrian
bridge evolved from discussions concerning the revitalization of Henry Street in the
early 1990's; bridge load rate is a four-ton load capacity, which makes it unique and
a good choice for conversion to pedestrian traffic; and it is not only being linked
with the Railside Linear Walkway, but also the Higher Education Center and the
development of residential units in GOB south. He called upon Michael Brennan to
review certain concept design issues that have been developed.
Mr. Brennan stated that the idea to convert the First Street Bridge to a
pedestrian bridge was originally part of the workshops that were held in conjunction
with the Railside Linear Walkway that led to reservation for a vertical circulation
tower, stair and elevator. He further stated that events of the past few years, such
as the Higher Education Center, conversion of the GOB South building to
condominiums or apartments, and construction of the Greater Gainsboro Parking
Garage, provide an important linkage of two vital areas; a new structure has been
set within the existing structure of the Bridge so that the historic structure can be
preserved and also maintain the signalization in association with the Norfolk
Southern Railroad. He advised that the new structure spans between the two stone
piers, and as the bridge descends at Henry Street or First Street, the grade has been
changed to be gentler in order to accommodate handicapped accessible traffic;
because of the differential in grade, there is an opportunity to bank some greenway
along either side of the sidewalk that is basically ten feet wide, and the rythum of
concrete and brick pavers that evokes the rythum of the railroad is also brought
onto the bridge and across which articulates a pedestrianway; and a plaza has also
been created at the north end of the Henry Street area which basically is a reflection
of the plaza at the InSystems Building on the south side which makes a strong link
between the two, and a common thread that goes across to the northern area. He
further advised that the new structure basically will have a similar configuration that
will echo the original construction; some vertical elements have been added to give
a little flavor and sequence of events on the bridge to provide a sense of place like
the linear walk; articulation of the vertical circulation tower at the railway picks up
on the railroad-type of architecture emulated in development of the railside linear
park; exposed steel is of an industrial look and blends with the architecture of the
bridge; and landscaping along the embankment towards Henry Street or First Street
softens the edge and blends into the pedestrian plaza at the side of the parking deck
which is softened by a significant amount of landscaping in the plaza area.
Mr. Hudson inquired about handicap accessibility; whereupon, Mr. Brennan
responded that the grade on the north side is within the requirements of maximum
grades for handicapped accessibility, and an elevator will be located on the south
side for accessibility to the linear railway.
Ms. Wyatt questioned whether or not the consultants had contacted the
Roanoke Redevelopment Corporation, inasmuch as they have an interest in the
project; whereupon, Mr. Brennan responded in the affirmative, and advised that the
conceptual design came out of a series of workshops hosted by the City that were
attended by Downtown Roanoke, Inc., the Redevelopment and Housing Authority,
the Higher Education Center, and the Roanoke Neighborhood Development
Corporation.
Mr. Carder stated that questions were raised during a Downtown Roanoke,
Inc., Board meeting with regard to closing the bridge to traffic or a study to ensure
that the bridge will accommodate vehicular traffic and pedestrians. He asked if the
reason was that the first Outlook Roanoke Plan did not recommend changing the
bridge, or the negative repercussions to the possible development of Henry Street
in terms of retail, entertainment, restaurants, etc. Mr. Brennan advised that the
consultants, City staff, and representatives of the Roanoke Neighborhood
Development Corporation were involved in the workshops and believe that the plan
does not impede the redevelopment opportunities for the Henry Street area.
Ms. Wyatt interjected that she was involved in the discussion as to whether
there would be a pedestrian bridge or a vehicular bridge, and the issue did indeed
come down to a large degree of money, which is available to do one or two things,
i.e.: (1) a pedestrian bridge that blends in with the railroad theme and the linear park,
and (2) an upscale pedestrian bridge that will blend the entire project together or
construct a functional vehicular bridge that is not going to particularly blend in with
anything; and the decision in the discussion was that the bridge would detract from
all the projects. She advised that the parties having a mutual interest decided that
the pedestrian bridge idea would promote the Linear Park which would incorporate
the entire walk process beginning at The Virginia Transportation Museum to Henry
Street to The Hotel Roanoke and down to the City Market.
Mayor Smith inquired as to the estimated cost of bridge modification;
whereupon, the City Engineer advised that the cost was $800,000.00, and advised
that the plan is a long way from reality; City staff plans to share the proposed design
with Gainsboro neighborhood residents, as well as the Architectural Review Board
and the City Planning Commission. He further advised that the First Street Bridge
does not serve a purpose for vehicular circulation, which is now accomplished by
the new Second Street Bridge; the bridge itself is in poor condition and would be
expensive to renovate in order to continue carrying vehicular traffic.
The City Engineer explained that from a traffic safety standpoint, the bridge
has problems in terms of the grades that are very steep on the south side, the bridge
is narrow; and input received from the Gainsboro neighborhood and the Roanoke
Neighborhood Development Corporation is that they would like for Henry Street or
First Street to have a pedestrian character that could support street festivals and the
nature of the proposed development for the area; and conversion of the First Street
Bridge to a pedestrian bridge would support that concept.
Mr. Bestpitch inquired as to the cost to the City to completely replace the First
Street Bridge in order to accommodate both vehicular and pedestrian traffic;
whereupon, the City Engineer advised the cost could be approximately three or four
times the $800,000.00 figure.
There being no further discussion and without objection by Council, the Mayor
advised that the briefing would be received and filed.
Hearing no objections, the briefing was received and filed.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CITY EMPLOYEES-BLUE CROSS/BLUE SHIELD: The City Manager
submitted a communication advising that the present Health Insurance Contract with
Trigon Blue Cross Blue Shield expires on December 31, 2000; premiums for health
insurance coverage did not change during 1998 and 1999, but increased ten per cent
for calendar year 2000; the City is faced with significant increases in health
insurance costs; there are basically two ways to manage such increases, i.e..'
change benefit design and/or increase funding; benefit design can be changed to
somewhat lower the rate increase; City funding of the benefit can be increased and
lower the rate impact to employees; wisdom in establishing the stabilization fund
offers the City a method to increase its participation by utilizing the fund to stabilize
rates; withdrawals totaling $1,700,000.00 during calendar year 2001 would result in
rate increases of approximately 20 per cent to employees; withdrawals over the next
two years would be used to subsidize rates; and based upon current enrollment, the
contract cost is $8,993,006.00 for calendar year 2001.
The City Manager recommended that Council authorize award of a contract
for health insurance to Trigon Blue Cross Blue Shield for a period of one year,
beginning January 1, 2001 and ending December 31, 2001, with an option to renew
for two additional one-year terms, contingent upon rate adjustments and availability
of funds.
TOTAL PREMIUM
CURRENT 2001 CURRENT 2001
COMP. RATE COMP. RATE P.O.S. RATE P.O.S. RATE
Employee $194.98 $286.20 $160.90 $265.04
Emp/Ch ild 280.98 412.13 231.88 381.66
Family 456.82 669.71 377.06 620.18
EMPLOYEE COST
CURRENT 2001 CURRENT 2001
COMP. RATE. COMP. RATE P.O.S. RATE P.O.S. RATE
Employee $ 19.98 $ 30.65 $ 7.90 $ 9.48
EmplChild 105.98 127.18 78.88 94.66
Family 281.82 338.18 224.06 268.87
Mr. Harris offered the following emergency budget ordinance:
(#35138-112000) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and prOviding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 7.)
Mr. Harris moved the adoption of Ordinance No. 35138-112000. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
Mr. Harris offered the following resolution:
(#35139-112000) A RESOLUTION authorizing the execution of a contract and
related documents with Trigon Blue Cross Blue Shield to provide for a
Comprehensive Health Plan and a Point of Service Health Plan for subscribers and
retirees of the City and members of their families, for one year beginning January 1,
2001, with an option to renew clause for two additional one-year terms contingent
upon rate adjustments and availability of funds.
(For full text of Resolution, see Resolution Book No. 64, Page 11.)
]4
Mr. Harris moved the adoption of Resolution No. 35139-112000. The motion
was seconded by Mr. Carder.
Mr. Hudson expressed concern with regard to the amount of the rate increase
and the affect on City employees and inquired if City staff has met with the
employees to explain the increase in cost; whereupon, the City Manager advised that
a communication was mailed to the residence of each City employee after the report
was placed on the City Council's written agenda. She further advised that it would
have been premature to notify the employees prior to informing Council of the
proposed increase; and a copy of the communication was provided to each
department manager within the organization to share with their employees in
advance of Council's action. She stated that in November 1999, prior to her arrival,
City employees received a communication indicating a significant premium increase
effective January 1, 2001; there are opportunities within the proposal for City
employees to reduce their cost if they choose a less costly plan; and there are
higher premiums for the comprehensive plan, however, employees can mitigate their
cost by taking advantage of a pretax payment on the expense.
The City Manager explained that the City plans to raise the pretax cap to the
Federal limit for reimbursement on medical expenses, effective January 1, 2001, so
that those employees who have out-of-pocket expenses that are higher than the cap
will be able to be reimbursed on a pretax basis for medical reimbursements.
There was discussion with regard to retirees health care benefits and
disparities and the pre-admission penalty under the Point of Service Plan.
Mr. White requested that funding for retiree health insurance benefits be
referred to 2001-02 budget study for discussion by Council.
Ms. Wyatt requested a report with regard to stress-related illnesses and
treatment of City employees, compared with the same type of illnesses and
treatment one year ago.
Mr. Hudson requested a report on the types of coverage to be included under
the third tier of services provided by Trigon Blue Cross Blue Shield.
There being no further discussion, Ordinance No. 35139-112000 was adopted
by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................ -0.
EASEMENTS-PIPELINES-STATE HIGHWAYS-STREETS AND ALLEYS-
TRAFFIC: The City Manager submitted a communication advising that at the
November 6, 2000 meeting of Council, several persons addressed Council with
regard to the location of the proposed Virginia Gas Pipeline Project, and Council
subsequently requested that a letter be forwarded to the State Corporation
Commission asking that a public hearing on the matter be held in the Roanoke area;
whereupon, the City Manager transmitted a measure encouraging Virginia Gas
Pipeline Company (VGPC) to hold such a public hearing, and to seek the
cooperation of other utility companies by co-locating the proposed pipeline within
existing utility easements where appropriate.
It was further advised that as previously suggested by Council,
representatives from VGPC met with Roanoke residents at a meeting of the Garden
City Civic League on October 5, 2000, to discuss the proposed gas transmission line
planned for that area; VGPC shared preliminary plans for an eight-inch natural gas
transmission pipeline with the 20 persons in attendance; the pipeline that extends
into the portion of the City is approximately 3.5 miles in length from the City limits
to Riverland Road, S. E., extending offofthe 123 mile pipeline extension that begins
in Saltville, Virginia, and continuing through the New River Valley into Roanoke and
Franklin Counties; extension into the City of Roanoke would cross several public
rights-of-way and parcels of City-owned property, covering half of the pipeline's
distance in the City; and the remaining half could affect approximately 50 parcels of
private property in the City of Roanoke.
The City Manager recommended that Council adopt the above referenced
resolution for transmittal to Virginia Gas Pipeline Company, the State Corporation
Commission, and others.
Mr. Bestpitch offered the following resolution:
(#35140-112000) A RESOLUTION encouraging Virginia Gas Pipeline Company
(VGPC) to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have VGPC
seek the cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located.
(For full text of Resolution, see Resolution Book No. 64, Page 12.)
Mr. Bestpitch moved the adoption of Resolution No. 35140-112000. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................... ~ ..................................... -0.
POLICE DEPARTMENT-DONATIONS/CONTRIBUTIONS-NEIGHBORHOOD
ORGANIZATIONS-WRABA: The City Manager submitted a communication advising
that on July 17, 2000, Council adopted a resolution accepting and expressing
appreciation for a monetary pledge of $9,000.00 from the Williamson Road Area
Business Association, pursuant to Resolution No. 34947-071700; funds were
designated for expenses associated with establishment of a Community Oriented
Police facility at 1502 Williamson Road, N. W., in the Civic Mall; the resolution also
authorized the City to enter into a lease contract with Blue Eagle partnership for
office space at said location; when the gift was authorized by the Williamson Road
Area Business Association's Board of Directors, $9,000.00 was the maximum
amount their budget would accommodate; however, it is now the desire of the
Williamson Road Area Business Association to donate an additional $4,500.00 for
expenses associated with establishing the Community Oriented Police facility.
It was further advised that on October 9, 2000, the Community Oriented Police
facility began operations at its new quarters in Civic Mall; expense estimates
relative to establishing the facility have exceeded the amount of the initial $9,000.00
gift, and accordingly, the proposed $4,500.00 donation will be used to fund
additional expenses, i.e.: construction/remodeling and purchase of office furniture;
and the initial $9,000.00 gift has not been appropriated by Council and remains
unspent.
]7
The City Manager recommended that Council accept the additional gift of
$4,500.00 from the Williamson Road Area Business Association, and appropriate
$13,500.00 (the initial $9,000.00 gift, plus the additional $4,500.00 gift) to accounts
to be established by the Director of Finance in the following amounts:
Expendable Equipment <$5,000.00
Project Supplies
$ 2,343.00
11,157.00
$13~500.00
it was further recommended that Council establish a revenue estimate in an
account to be established by the Director of Finance in the Grant Fund.
Mr. Hudson offered the following emergency budget ordinance:
(#35141-112000) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 14.)
Mr. Hudson moved the adoption of Ordinance No. 35141-112000. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS:None .................................................................................... ~.
Mr. Harris offered the following resolution:
(#35142-112000) A RESOLUTION accepting and expressing appreciation for
the monetary pledge from the Williamson Road Area Business Association.
(For full text of Resolution, see Resolution Book No. 64, Page 15.)
Mr. Harris moved the adoption of Resolution No. 35142-112000. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. -7.
NAYS:None ......................................................................................... ~.
POLICE DEPARTMENT-BUDGET-GRANTS-EQUIPMENT: The City Manager
submitted a communication advising that the Virginia Department of Motor Vehicles
(DMV) is the administering agency for pass through funds provided by the United
States Department of Transportation for highway safety projects in Virginia; the DMV
offers funds, in the form of grants, to successful applicants for activities which
improve highway safety in Virginia; and on September 29, 2000, the DMV awarded
the Roanoke City Police Department with $20,000.00 to purchase automated motor
vehicle accident scene measuring equipment, which will allow for more efficient
investigations at scenes of motor vehicle accidents, improve prosecutions through
more precise accident scene documentation, and allow investigators to minimize the
duration of roadway obstructions at motor vehicle accident scenes.
It was further advised that between 1995 and 1999, there were 1,248 personal
injury motor vehicle accidents in the City of Roanoke resulting in 1,601 personal
injuries and 23 fatal motor vehicle accidents involving 29 victims; there is a need to
conduct improved motor vehicle accident reconstruction and documentation related
to accidents involving fatalities or serious personal injuries and to minimize the
associated roadway disruptions and safety hazards.
The City Manager recommended that Council accept the grant from the
Division of Motor Vehicles and appropriate $20,000.00 to Grant Fund accounts to be
established by the Director of Finance in the following amounts:
Training and Development
Expendable Equipment (<$5,000.00)
Other Equipment
$ 2,300.00
3,265.00
14,435.00
$20,000.00
It was further recommended that Council and establish a revenue estimate in
an account to be established by the Director of Finance.
Mr. Hudson offered the following emergency budget ordinance:
(#35143-112000) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 16.)
Mr. Hudson moved the adoption of Ordinance No. 35143-112000. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ...................................................................................... --0.
POLICE DEPARTMENT-TRAFFIC-BUDGET-ELECTIONS-PARKS AND
RECREATION -FIRE DEPARTMENT-ARMORY/STADIUM-PUBLIC WORKS-ROANOKE
CIVIC CENTER-CIRCUIT COURT-CMERP-UTILITY LINE SERVICES-MANAGEMENT
AND BUDGET-LIBRARIES.JUVENILE AND DOMESTIC RELATIONS DISTRICT
COURT-EQUIPMENT: The City Manager submitted a communication advising that
on October 2, 2000, Council concurred in funding recommendations for the fiscal
year 2000-01 Capital Maintenance and Equipment Replacement Program (CMERP);
CMERP is used to fund equipment purchases, maintenance, and other one-time
priority purchases; approval by Council is required to appropriate funds from
CMERP Enterprise Fund and Internal Service Fund Retained Earnings to various
departmental operating accounts to allow for acquisition of certain items and
projects as set forth in Attachment A to the report; and all acquisitions will be
accomplished in accordance with the City's Procurement Policies, as contained in
Chapter 23.1,Code of the City of Roanoke (1979), as amended.
The City Manager recommended that Council adopt a budget ordinance to
appropriate a total of $1,326,710.00 to various departmental accounts.
Mr. Harris offered the following emergency budget ordinance:
(#35144-112000) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General, Water, Civic Center, Capital Projects, and Management
Services Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 17.)
Mr. Harris moved the adoption of Ordinance No. 35144-112000. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ....................................................................................... -0.
REPORTS OF COMMITTEES:
COUNCIL-LEGISLATION-SCHOOLS: Council Member William White, Sr.,
Chair, Legislative Committee, presented a written report on behalf of the Committee,
advising that on November 6, 2000, Council's Legislative Committee met to review
the proposed 2001 Legislative Program; the School Board's portion of the Program
was approved on November 13, 2000; whereupon, the Legislative Committee
recommended favorable action by Council.
Mr. White offered the following resolution:
(#35145-112000) A RESOLUTION adopting and endorsing a Legislative
Program for the City to be presented to the City's delegation to the 2001 Session of
the General Assembly.
(For full text of Resolution, see Resolution Book No. 64, Page 22.)
Mr. White moved the adoption of Resolution No. 35145-112000. The motion
was seconded by Ms. Wyatt.
Mr. Martin D. Jeffrey, 517 Rutherford Avenue, N. W., addressed City Council
with regard to changes to the Charter. He inquired as to the appropriateness of
forwarding the revision to the City's delegation to the General Assembly prior to
holding a public hearing on proposed Charter revisions. Mayor Smith advised that
a public hearing will be held at the 7:00 p.m. session of Council this evening.
There being no further discussion, Resolution No. 35145-112000 was adopted
by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................. --0.
21
SEWERS AND STORM DRAINS-SIDEWALK/CURB AND GUTTER-BUDGET-
STREETS AND ALLEYS: Council Member W. Alvin Hudson, Jr., Chair, Bid
Committee, presented a written report on behalf of the Committee, in connection
with bids received by the City for Summit Hills Storm Drain Project - Phase I.
The Bid Committee recommended that Council accept the alternate bid ofJ. P.
Turner and Brothers, Inc., in the amount of $174,686.50, with a project contingency
of $26,203.00 and 180 days of contract time; reject all other bids received by the
City; and authorize the Director of Finance to transfer the following amounts to a
project account entitled, "Summit Hills Storm Drain Project - Phase I".
Public Improvement Bonds Series 1996
Account No. 008-052-9701-9191 (Streets)
$ 51,448.00
Public Improvement Bonds Series 1999
Account No. 008-052-9709-9191 (Streets)
11,447.00
Public Improvement Bonds Series 1996
Account No. 008-052-9701-9176 (Storm Drains)
137,995.00
Total $200,890.00
The City Manager submitted a communication concurring in the
recommendation of the Bid Committee.
Mr. Hudson offered the following emergency budget ordinance:
(#35146-112000) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 23.)
Mr. Hudson moved the adoption of Ordinance No. 35146-112000. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................. -7.
NAYS: None ....................................................................................... -0.
Mr. Hudson offered the following emergency ordinance:
(#35147-112000) AN ORDINANCE accepting the bid of J. P. Turner and
Brothers, Inc., for installing approximately 900 feet of H.D.P.E. storm drain pipe and
concrete curb along Summit Drive, 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. 64, Page 24.)
Mr. Hudson moved the adoption of Ordinance No. 35147-112000. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. -7.
NAYS:None ..................................................................................... ~.
UNFINISHED BUSINESS:NONE.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
POLICE DEPARTMENT-CITY CODE-CITY SHERIFF: Ordinance No. 35115, with
regard to employment of off-duty police officers and Sheriff's deputies, having
previously been before the Council for its first reading on Monday, November 6,
2000, read and adopted on its first reading and laid over, was again before the body,
Mr. Harris offering the following for its second reading and final adoption:
(#35115-112000) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by adding a new §23-7, Employment of Off-Duty Police Officers
and Sheriff's Deputies, Article I, In General, of Chapter 23, Police, to confirm the
existence of the law enforcement powers and authorities of police officers and
deputy sheriffs during periods of off-duty employment; and providing for an effective
date.
(For full text of Ordinance, see Ordinance Book No. 64, Page 1.)
Mr. Harris moved the adoption of Ordinance No. 35115-112000. The motion
was seconded by Mr. Carder.
Mr. Martin D. Jeffrey, 517 Rutherford Avenue, N. W., reiterated his concern
expressed at the November 6, 2000 Council meeting that serious implications could
occur from expanding the policing authority of off-duty City police officers. He
stated that the matter warrants a broader discussion by Council.
Ordinance No. 35115-112000 was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
COUNCIL: Mr. Harris offered the following resolution changing certain times
and places of commencement for regular meetings of City Council scheduled to be
held on Monday, December 4, 2000, and Monday, December 18, 2000, as follows:
DATE OF MEETING TIME PLACE OF MEETING
December 4, 2000 12:15 p.m. Emergency Operations Center
1't Floor, Municipal Building
215 Church Avenue, S.W.
3:00 p.m. Governor's School Lecture Hall
Patrick Henry High School
2102 Grandin Road, S.W.
December 18, 2000 12:15 p.m. Emergency Operations Center
1st Floor, Municipal Building
215 Church Avenue, S.W.
3:00 p.m. Governor's School Lecture Hall
Patrick Henry High School
2102 Grandin Road, S.W.
7:00 p.m. Governor's School Lecture Hall
Patrick Henry High School
2102 Grandin Road, S.W.
(#35148-112000) A RESOLUTION changing certain times and places of
commencement for regular meetings of City Council scheduled to be held on
Monday, December 4, 2000, and Monday, December 18, 2000.
(For full text of Resolution, see Resolution Book No. 64, Page 26.)
Mr. Harris moved the adoption of Resolution No. 35148-112000. The motion
was seconded by Mr. Carder.
Mr. Hudson inquired about the status of renovations to the City Council
Chamber; whereupon, the City Manager advised that the contractor is aware of the
City's concerns over the amount of time involved in completion of the project, as
well as the inconvenience to the fourth floor occupants.
Resolution No. 35148-112000 was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................... -0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
CELEBRATIONS-CITY EMPLOYEES: Mr. Harris offered the following
resolution:
(#35149-112000) A RESOLUTION closing certain City offices on Tuesday,
December 26, 2000, and providing for additional holiday leave for all City employees.
(For full text of Resolution, see Resolution Book No. 64, Page 27.)
Mr. Harris moved the adoption of Resolution No. 35149-112000. The motion
was seconded by Mr. Hudson.
Ms. Wyatt expressed concern with regard to time off for public safety
employees; and moved that the resolution be amended by deleting the following
sentence: "Adherence to this resolution shall cause no disruption or cessation of
the performance of any emergency, essential or necessary public service rendered
or performed by the City."
The motion was seconded by Mr. Hudson.
The City Manager advised that the proposed amendment would cause this
particular holiday to be treated differently than any other holidays currently provided
for in the City Code. She requested that the City administration be allowed to submit
a report to Council with regard to City holiday leave, annual leave, sick leave, etc.
She further requested that the current practice for holiday leave be recongnized in
this specific instance.
Resolution No. 35149-112000, as amended, was lost by the following vote:
AYES: Council Members Hudson and Wyatt ............................................... -2.
NAYS: Council Members Harris, White, Bestpitch, Carder and Mayor
Smith ............................................................................................................. 5.
Resolution No. 35149-112000 was adopted by the following vote:
AYES: Council Members Harris, White, Bestpitch, Carder and Mayor Smith---5.
NAYS: Council Members Hudson and Wyatt ................................................ 2.
COUNCIL: Council Member Bestpitch moved that Council convene in a Closed
Meeting to discuss the performance of a Council-Appointed Officer, pursuant to
Section 2.1-344 (A)(I), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Bestpitch, Carder and Mayor
Smith ............................................................................................................. 5.
NAYS: Council Members Harris and White .................................................. 2.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
At 5:40 p.m., the Mayor declared the meeting in recess for a Closed Meeting.
At 6:35 p.m., the Council meeting reconvened in the Governor's School
Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., City of Roanoke,
with all Members of the Council present, with the exception of Council Members
Hudson, White and Carder, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Harris
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch and Mayor Smith ............. -4.
NAYS: None ........................................................................................... -0.
(Council Members Hudson, White and Carder were absent.)
The Mayor declared the meeting in recess at 6:37 p.m., to be reconvened at
7:00 p.m., in the Governor's School Lecture Hall, Patrick Henry High School, 2102
Grandin Road, S. W., City of Roanoke.
On Monday, November 20, 2000, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the Governor's School Lecture Hall, Patrick Henry
High School, 2102 Grandin Road, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Smith presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., William
White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor
Ralph K. Smith ................................................................................................ 7.
ABSENT: None .............................................................................. -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council Member
C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT-CITIZEN OF THE YEAR: The Mayor advised
that the City of Roanoke is blessed with many citizens who give of their time and
talents to make Roanoke an Ali-America City; and it is always a difficult task for the
Members of Council to select the Citizen of Year because there are so many
deserving persons in the "Star City".
Mayor Smith announced that the 2000 Citizen of the Year is Mr. Lawrence
Hamlar, a native of Roanoke, who graduated from Lucy Addison High School and
received his undergraduate degree from Virginia State College; and he attended the
Gupton-Jones College of Mortuary Science before co-founding in 1952, the Hamlar-
Curtis Funeral Home. The Mayor further advised that Mr. Hamlar has demonstrated
a heart for higher education and for the advancement of minorities in the Roanoke
Valley; he is a member of First Baptist Church and a life member of the National
Association for the Advancement of Colored People; and he established the
Constance J. Hamlar Memorial Scholarship, in memory of his late wife, for minority
students at Virginia Western Community College and Roanoke College. He stated
that Mr. Hamlar has served on the Boards of Virginia Western Community College,
First Federal Savings and Loan Association, Roanoke Science Museum, Virginia
Council of Small Business Administration and Roanoke City Schools; he has served
as a Trustee of Roanoke College since 1986 and last year received an Honorary
Doctorate from that institution; he served as Vice-President of the Economic
Development and Community Relations Committee of Total Action Against Poverty;
he helped to organize Valley Bank; he served as Chair of the Board of the Virginia
Recreational Facilities Authority; in 1988, he received the National
Brotherhood/Sisterhood Award from the Roanoke Valley Chapter of the National
Conference of Christians and Jews; in 1993, he received the Noel C. Taylor
Distinguished Humanitarian Award from TAP; in 1998, he was inducted into the
Junior Achievement's Business Hall of Fame; and in 1999, he was inducted into
Virginia State University's Football Hall of Fame.
Mr. Harris offered the following resolution:
(#35136-112000) A RESOLUTION naming Lawrence Harrison Hamlar Citizen
of the Year 2000 for the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 64, Page 2.)
Mr. Harris moved the adoption of Resolution No. 35136-112000. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. 7.
NAYS: None ...................................................................................... --0.
The Mayor announced that Mr. Hamlar's name will join the ranks of 18
outstanding citizens who have been honored as Citizen of the Year beginning in
1981 for the significant contributions they have made to the total life of the Roanoke
community by demonstrating a personal concern for the City's well-being and
cultural enrichment.
On behalf of the citizens of the City of Roanoke and the Members of the
Roanoke City Council, the Mayor unveiled the Citizen of the Year Plaque, which
displays the photograph of Mr. Hamlar as Roanoke's 2000 Citizen of the Year; and
presented him with a personalized plaque, a ceremonial copy of Resolution No.
35136-112000, and the Key to the City, which is the highest gift bestowed upon an
individual by the City of Roanoke.
ZONING: Council at its regular meeting on Monday, October 16, 2000, having
continued a public hearing on the request of Madison Health Care Center that
approximately 10.384 acres of land located at 4415 Pheasant Ridge Road, S. W.,
identified as Official Tax No. 5460101, be rezoned from C-1, Office District, to LM,
Light Manufacturing District, subject to certain conditions proffered by the
petitioner, until the regular meeting of Council on Monday, November 20, 2000, at
7:00 p.m., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 29, 2000, and Friday, October 6, 2000.
A report of the City Planning Commission advising that the subject property,
containing 10.384 acres, was part of a larger conditional rezoning for the Pheasant
Ridge development project located off U. S. Route 220, which initially involved
rezoning and development of 49.23 acres; the purpose of the proposed rezoning is
to permit construction of a 70,000 square-foot mini warehouse facility, consisting of
five buildings; and the petitioner has indicated that development at Pheasant Ridge
has created a demand for the mini warehouses, was before Council.
The City Planning Commission advised that the Planning Commission's
motion to approve the request for rezoning failed by a vote of three - four and
pursuant to By-Laws of the Planning Commission, a motion fails if a majority of
Commission Members present do not vote in favor of the motion; therefore, the City
Planning Commission is unable to make a favorable recommendation to Council on
the rezoning request.
Mr. Carder moved that the following ordinance be placed upon its first
reading:
"AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 546, 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. Hudson.
Mr. White pointed out that the request for rezoning failed to gain the Planning
Commission's approval and inquired if a staff representative was prepared to brief
Council on the matter; whereupon, Evelyn S. Lander, Director of Planning, Building
and Development, advised that the request of Madison Health Care Center is to
rezone and change the proffered conditions of an existing piece of property located
off of U. S. 220 and Old Rocky Mount Road that was rezoned in 1996 under certain
conditions to be developed for a nursing home, condominiums, single family
dwellings, two-family dwellings, townhouses, and a medical clinic; and several other
conditions were associated with the rezoning dealing with the treatment of wooded
areas, the exterior condition of the buildings, materials, and recreational amenities
on the property.
Ms. Lander further advised that this particular request was filed by Jones and
Jones Associates on behalf of the petitioner to develop the property, or at least
10.384 acres, for mini-warehouses; and the petitioner has requested that the original
zoning conditions be changed to allow development of mini-warehouses consisting
of 70,000 square feet and five linear buildings on the property. She stated that City
staff recommended denial of the request to the Planning Commission because the
topography of the area is steep and is naturally wooded; the previous rezoning had
proposed townhouses in that particular area; and staff was concerned about how
the mini-warehouses were being cut into the hillside, and the effect they would have
on the surrounding residential area. She further stated that the Planning
Commission held a public hearing in September 2000 on the proposed rezoning, and
the petitioner appeared in support of the petition; and referred to a communication
from Don and Melissa Ferguson on VanWinkle Road in opposition to the request.
3O
Mr. Bestpitch requested that the record reflect that the individuals on
VanWinkle Road are Fitzgeralds and not Fergusons.
The Mayor expressed concern that no representative of Madison Health Care
Center was present to address questions, and inquired if proper notice was given;
whereupon, the City Clerk advised that Mr. Jones was notified of the public hearing
by letter dated October 19, 2000; and that Council would hold a continuation of the
public hearing at its November 20 meeting.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request for rezoning; whereupon, Mr. Don Fitzgerald, 4602
VanWinkle Road, S. W., expressed opposition to the proposed rezoning and
presented a petition signed by residents of the neighborhood also in opposition.
No other persons wishing to be heard, and there being no
discussion/questions by Council, the ordinance was lost by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch and Vice-
Mayor Carder ................................................................................................... 6.
NAYS: Mayor Smith ............................................................................... 1.
REZONING.COMMUNITY PLANNING: 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 20, 2000, at 7:00 p.m., or as soon thereafter
as the matter may be heard, on the request of Adam J. Cohen to amend Section
36.1-25, Definitions, to include a definition for a single-family attached dwelling;
Section 36.1-127, Special Exception Uses in the RM-2, Residential Multi-family,
Medium Density District, and Section 36.1-186, Special Exception Uses in the C-1,
Office District, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as
amended, to permit single-family attached dwellings by special exception, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 3, 2000, and Friday, November 10, 2000.
A report of the City Planning Commission advising that the petition is a
revision of a previous request from Mr. Cohen to amend the City's zoning code to
create a new definition for two.unit townhouse dwellings; the City Planning
Commission considered the original petition on May 17, 2000, and a motion
recommending the petition failed by a one - three vote; and rather than proceed to
Council with an unfavorable recommendation, Mr. Cohen chose to amend his
3!
petition, and the revised petition requests an amendment to the City's zoning code
to create a new definition for single-family attached dwellings, with such dwellings
permitted by special exception in the RM-2, Residential Multifamily, Medium Density
District, and the C-1 Office District, was before Council.
The City Planning Commission recommended that Council authorize no
change to the existing zoning code, and advised that existing code provisions
support housing recommendations as set forth in the City's Comprehensive Plan.
Adam J. Cohen, petitioner, advised that he was unable to attend the City
Planning Commission meeting when the final vote was taken with regard to the
amendment; the petition was amended at a previous meeting of the City Planning
Commission; whereupon, he requested that the Zoning Ordinance be amended to
include special exception uses, i.e., a townhouse or a duplex.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request; whereupon, no person requested to be heard.
Ms. Wyatt moved that the matter be referred to the appropriate subcommittee
of the 2001 Comprehensive Plan Advisory Committee for review as a part of the
City's overall Comprehensive Plan. The motion seconded by Mr. Carder and
unanimously 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, November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of Edgewood Christian Church that an undeveloped
alleyway lying between parcels of land identified as Official Tax Nos. 6090404 and
6090705, and extending north of Willis Street for an approximate distance of 70 feet
and a width of approximately ten feet, be permanently vacated, discontinued and
closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 3, 2000, and Friday, November 10, 2000.
A report of the City Planning Commission advising that the petitioner wishes
to vacate and close the proposed alley to allow for possible expansion of its existing
church building on Official Tax No. 6090404; and the applicant owns all of the lots
abutting the above-described alley, Official Tax Nos. 6090404, 6090705, and 6090704,
was before Council.
The City Planning Commission recommended that Council approve the
request.
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35150) AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, Page 28.)
The motion was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35150 was
adopted, on its first reading, by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. -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,
November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of C. E. and H. M. Corporation that a certain tract of land located on
the south side of Elm Avenue, S. E., at its intersection with 1-581, identified as
Official Tax No. 4020317, be rezoned from LM, 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 Roanoke
Times on Friday, November 3, 2000, and Friday, November 10, 2000.
A report of the City Planning Commission advising that the purpose of the
request for rezoning is to provide zoning conformity for the existing two commercial
buildings located on the property at Elm Avenue near its intersection with 1-581,
Webber Expressway, was before Council.
The City Planning Commission recommended that Council approve the
request for rezoning, and advised that the subject property is located among other
general commercial uses, contains existing commercial buildings and uses, and is
not considered a prime industrial site.
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35151) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 63, Page 31.)
The motion was seconded by Mr. Carder.
The Mayor inquired if there were persons in attendance who would like to
speak to the matter. There being none, and no discussion/questions by Council,
Ordinance No. 35151 was adopted, on its first reading, by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. 7.
NAYS:None .................................................................................... ~.
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 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of Boone, Boone and Loeb, Inc., to amend proffered conditions to
rezoning relating to a 23.571-acre portion of Official Tax No. 1290107, and to
substitute new proffered conditions upon that certain tract of land containing 23.571 -
acres, more or less, of those six tracts of land containing 60.53 acres, located
between 1-581 and Franklin Road, S. W., and being a portion of property identified
as Official Tax No. 1290107, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 3, 2000, and Friday, November 10, 2000.
A report of the City Planning Commission recommending that Council
approve the request to amend proffered conditions as set forth in the Second
Amended Petition for the 23.571 acre portion of Official Tax No. 1290'107, was before
the body.
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35152) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map, City of
Roanoke, in order to amend certain conditions presently binding upon certain
property previously conditionally zoned C-1, Office District.
(For full text of Ordinance, see Ordinance Book No. 63, Page 32.)
The motion was seconded by Mr. Carder.
The Mayor inquired if there were persons in attendance who would like to
speak to the matter. There being none, and no discussion/questions by Council;
Ordinance No. 35152 was adopted, on its first reading, by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS:None ........................................................................................ ~.
AIRPORT-TAXES: 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 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, to consider reducing the personal property tax rate on aircraft from $3.45
to $1.06 per $100.00 of assessed value, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Thursday, November 9, 2000.
A joint report of the City Manager and the Director of Finance advising that the
Roanoke Regional Airport Commission and administration has expressed concern
that they are losing potential business due to the City of Roanoke's personal
property tax rate on airplanes being higher than comparable localities; currently the
City of Roanoke taxes airplanes at $3.45 per $100.00 of assessed value; and the tax
rate is applied to 60 per cent of the assessed value the first year, reduced by ten
per cent per year until it reaches 20 per cent, where it remains on an annual basis,
was before the body.
It was further advised that having airplanes based at the Roanoke Regional
Airport creates opportunities for income generating business such as hangar rental,
fuel sales and maintenance of airplanes; there are also other positive economic
impacts to having airplanes, particularly business jets, based at Roanoke's airport;
it would serve as an incentive for Roanoke citizens and businesses to base their
airplanes at the Roanoke Regional Airport if Roanoke's tax rate were comparable to
that of competing localities in Virginia and North Carolina; consequently, tax
revenue forgone due to a tax rate decrease would be mitigated and potentially
increased over time by the increased number of private and business owned
airplanes based at the Airport; and according to administration at the Roanoke
Regional Airport, operators of the major commercial airports in Virginia believe they
will be successful with legislation to modify the state sales tax on airplanes, an
issue they believe has a direct correlation with economic development throughout
the state.
The City Manager and the Director of Finance recommended that the City's tax
rate be reduced from the current rate of $3.45 per $100.00 of assessed value to $1.06
per $100.00 of assessed value; total tax levy on airplanes for fiscal year 2000 was
$157,928.00, and using this revenue base as an example, the reduced tax rate would
have generated $109,405.00 less revenue; a single $10 million business jet would
generate $63,600.00 in additional revenue during the first year of taxation if based
at the Roanoke Regional Airport; and a reduction in the tax rate will demonstrate the
City's willingness to take measures to help assure that Roanoke's airport is
competitive with other airports throughout Virginia and neighboring airports in North
Carolina.
Mr. Hudson moved that the following ordinance be placed upon its first
reading:
(#35153) AN ORDINANCE amending and reordaining §32-104, Levied; rate, of
Article III, Tax on Tanqible Personal Property Generally, of Chapter 32, Taxation, of
the Code of the City of Roanoke, (1979), as amended, by adding a new subsection
(c) to provide for a reduction in the tax rate of the personal property tax as it applies
to aircraft, pursuant to the provisions of the foregoing article, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 63, Page 34.)
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 matter; whereupon, the following persons spoke:
Karen Roberts, Manager, Piedmont Hawthorne Aviation at Roanoke Regional
Airport, advised that due to the punitive tax rates on aircraft, the Roanoke airport
has lost a significant amount of business over the past several years; and several
aircrafts have relocated to the Greensboro airport and other locations in North
Carolina. She further advised that there are benefits to a business such as Piedmont
in increased fuel and aircraft sales which would be derived from a lower tax rate;
however, there are benefits to the City as well relating to increased employment of
additional refuelers, technicians, and increased commissions from fuel purchases
which the Commission receives. She urged Council to approve the reduction in tax
rates recommended by the City Manager and Director of Finance.
Mr. Bittle Porterfield 2831 Wilton Road, S. W., spoke in support of the tax
reduction and concurred in the remarks of Ms. Roberts with regard to the economic
development aspects that might be realized from the tax reduction.
Mr. J. Granger Macfarlane, 2402 Woodcliff Road, S. E., advised that the
Roanoke Regional Airport is undergoing and will complete within approximately four
years a $52 million construction and refurbishing program, ranging from runways
to a new tower; and, in addition, the airport occupies about 900 or more acres of
land in the City. He further advised that the airport not only can be a great generator
of economic development, but with respect to related aircraft, it places the airport
in a much better position to compete with other cities.
Mr. James Callus advised that the Roanoke City Public Schools provides
aviation instruction, but unfortunately, the tax rate on aircraft in Roanoke
discourages individuals from participating in general aviation, both in owning and
renting aircraft from various fixed based operators, as well as participating in the
aviation environment. He encouraged Council to lower the tax rate on aircraft.
No other person wishing to address Council, and there being no
discussion/questions by Council, Ordinance No. 35153, was adopted, on its first
reading, by the following vote:
37
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
CITY CODE-CITY CHARTER-COUNCIL-LEGISLATION-SCHOOLS-
PROCUREMENT CODE: The City Clerk having advertised a public hearing for
Monday, November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on a request of the City of Roanoke that the General Assembly of Virginia
make amendments to various sections of the Roanoke Charter of 1952, as amended,
in order to remove certain archaic language and outdated, outmoded and
unnecessary provisions therein, to conform certain provisions in the Charter to
current State enabling laws, to streamline the City's legislative process, to require
that certain Council-Appointed officers reside within the City, to provide for the
appointment of a Deputy and Assistant City Managers, to increase the threshold for
bidding and contracts for public improvements from $30,000.00 to $50,000.00, to
increase the threshold for change orders that must be approved by City Council
from $25,000.00 to $50,000.00 or 25 per cent of the contract, whichever is greater,
and, in general, to make more efficient the operation of City government, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Thursday, November 9, 2000.
A report of the Legislative Committee advising that the Committee reviewed
the proposed amendments to the City Charter and concurred in the scheduling of
a public hearing, in order to obtain the views of citizens on the proposed
amendments, was before Council.
The Legislative Committee recommended that Council adopt a resolution
requesting the proposed amendments to the City Charter; and advised that if
Council concurs in and adopts a proposed resolution, State Code requires that the
City forward the resolution and certain other documents to the City's legislative
delegation, with the request that a bill be introduced in the 2001 Session of the
General Assembly to amend the Charter as proposed.
Mr. Harris offered the following resolution:
(#35154-112000) A RESOLUTION requesting the 2001 Session of the General
Assembly to amend various sections of the existing Roanoke Charter of 1952 in
order to modernize it, remove certain provisions and language therefrom and to
provide in general for more efficient and effective legislative processes and
municipal operations in the City.
(For full text of Resolution, see Resolution Book No. 64, Page 28. )
Mr. Harris moved the adoption of Resolution No. 35154-112000. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons in attendance who would like to
address the matter; whereupon, Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W.,
advised that sufficient notice was not provided to citizens in view of the implications
of the proposed changes. He referred specifically to page 3 with regard to changes
that impact the use of eminent domain, pages 6 and 7 with regard to water
inspectors/water inspections, pages 8 and 9 regarding selling impounded vehicles
which are removed from private property, page 14 regarding the removal of paupers
or dependent persons and revisions relating to the Health Department, page 17 in
regard to Council's powers/compensation, page 26 relating to powers and duties of
the Mayor in emergency situations, page 43 with regard to the Fire Department's
authority to raze hazardous buildings, and pages 55 and 56 in regard to issuance of
bonds. He stated that the above items are substantive issues and expressed
concern that citizens have not had an opportunity to adequately respond to certain
significant revisions. He advised that any time Charter changes are proposed,
because of the nature of the document, it is a very substantive matter and every
effort should be made to ensure that citizens are given every opportunity to
participate in the process.
The City Attorney called attention to certain language and provisions of the
City Charter that are outdated and outmoded; therefore, he sought comments from
City Council, City staff, Constitutional Officers, and Council Appointed Officers, and
asked that they review their respective portions of the City Charter pertaining to their
individual areas of expertise, and as a result, he received numerous comments and
suggestions for language changes which have been incorporated in the document
currently before the Council. He explained that the City Charter has not been
revised, comprehensively, since 1952; and certain substantive changes were
proposed, however, he suggested that they be held in abeyance until 2001. He
further explained that the majority of the proposed deletions are provisions that are
either outmoded, have been superceded by current laws, the Supreme Court has
declared them to be unconstitutional, or enabling legislation is now much better
than current City Charter provisions. He stated that the public hearing was properly
advertised, pursuant to provisions of the Code of Virginia, 1950, as amended.
No other persons wishing to address Council, and there being no
discussion/questions by Council, Resolution No. 35154-112000 was adopted by the
following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and
Mayor Smith .................................................................................................. 7.
NAYS: None ........................................................................................ .O.
OTHER HEARINGS OF CITIZENS:
ARMORY/STADiUM-SCHOOLS: Mr. George C. Miller, 3349 Kershaw Road,
N. W., addressed Council with regard to the renovation of Victory Stadium, and
recommended that school personnel be included in plans for renovations and/or
construction of a new stadium.
COMPLAINTS-COUNCIL-CITY GOVERNMENT: Mr. Martin D. Jeffrey, 517
Rutherford Avenue, N. W., addressed Council in regard to accountability by Council
to the voters and participation by citizens in the local government process. He
stated that citizens have a right to participate, to be heard, and to be respected in the
governmental process; however, the process is currently flawed because City
officials continue to review ways to make government more convenient for City
Council and City administrators, to the detriment of taxpayers.
COMPLAINTS-TAXES-CITY PROPERTY-CITY EMPLOYEES: Mr. Robert
Gravely, 1412 Moorman Road, N. W., expressed concern with regard to the limited
amount of time allotted to speakers at City Council meetings. He also expressed
concern with regard to large businesses acquiring land in the City, an increase in
tax assessments on real property, loss of employees in all City departments, the
high tax bracket and accompanying Iow pay scale for City employees.
There being no further business, the Mayor declared the meeting adjourned
at 8:25 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
4]
C-1
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January6,2003
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
January 6, 2003, at 9:00 a.m., in the City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with
Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II,
City Council, Section 2-15, Rules of Procedure, Rule 1, Recjular Meetinqs, Code of
the City of Roanoke (1979), as amended; and pursuant to action taken by the Council
at its Planning Retreat on December 18, 2002, to continue the meeting until 9:00 a.m.,
on Monday, January 6, 2003.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Linda F. Wyatt and Mayor Ralph K. Smith ................................... 5.
ABSENT:..Vice-Ma..y..o..r...C.. Nelson.Harris and Council Member Alfred T.
Dowe, Jr.- ................................................................................................. 2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
COMMITTEES-CITY COUNCIL: A communication from Vice-Mayor C. Nelson
Harris, Chair, City Council Personnel Committee, requesting a Closed Meeting to
discuss the performance of four Council-Appointed Officers, pursuant to Section -
2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request Vice-Mayor Harris to
convene in a Closed Meeting to discuss the performance of four Council-Appointed
Officers, pursuant to Section 2.2-3711 (A)(I), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, and Mayor Smith ........... 5.
NAYS: None ....................................................................................... -0.
(Vice-Mayor Harris and Council Member Dowe were not present when the vote was
recorded.)
At 9:05 a.m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159, for
a Council/Staff Work Session.
At 9:10 a.m., the Council meeting reconvened in a work session in Room 159,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with all Members of the Council in attendance, Mayor Smith presiding.
(Vice-Mayor Harris arrived at 9:15 a.m. and Council Member Dowe arrived at 9:20
a.m.)
STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk; Troy A.
Harmon, Municipal Auditor; George C. Snead, Jr., Assistant City Manager for
Operations; and Rolanda B. Russell, Assistant City Manager for Community
Development.
PROPOSED STRUCTURE FOR FUTURE WORK SESSIONS:
COUNCIL: The City Manager advised that Council stated at its planning retreat
on Wednesday, December 18, 2002, that it would like to engage in more meaningful
discussions on issues affecting the City of Roanoke; however, the agenda is
programmed to the extent that it is difficult to engage in meaningful dialogue; and
accordingly, Council expressed a desire to hold work sessions on the first Monday
of each month commencing at 9:00 a.m. She asked that Council provide clarification
to staff with regard to the types of items that the Council would like to discuss at
future work sessions, whether Council wishes to continue the 5:00 p.m., dinner
meetings on the third Monday of each month, and to identify which Committees the
Council would like to meet with during the year.
Suggestions/comments offered by the Mayor and Members of Council as
potential topics for discussion during 9:00 a.m.- 2:00 p.m. work sessions:
The scheduling of interviews with applicants to
various Council-appointed committees and
performance evaluations of Council-Appointed
officers.
· Discussion of various City issues.
A field trip to view a City facility or program, with
the understanding that the activity will be a
meaningful use of time.
· Discussion of philosophical issues.
Each Member of Council brings a specific talent to
the table and by sharing individual points of view,
Council will be able to make more intelligent
decisions.
Questions with regard to items which are included
on the 2:00 p.m., Council docket. Concern was
expressed that the Council should not become so
efficient in its meetings that it is perceived as a
"rubber stamp" by the public. There is a perception
by some citizens that Council Members should ask
questions.
There are instances when an individual Member of
Council will request a staff briefing on a specific
topic which, in some instances, becomes a part of
the formal Council agenda; other Members of
Council may not have an interest in the topic;
therefore, briefings requested by a Member of
Council should be approved by at least four
Members of the Council prior to placing the item on
the Council's formal agenda. Any topic deemed
appropriate by the City Manager for a Council
briefing should be automatically included on the
formal agenda.
Time frames should be assigned to each item on
the work session agenda.
Information related to presentations on the 2:00
p.m. Council docket should be included in the
Council's agenda material which is received prior to
the Council meeting, in lieu of distribution at the
formal Council session.
An item should be included atthe beginning of each
work session agenda; i.e.: Items Requiring
Additional Discussion/Clarification/Additions and
Deletions to the 2:00 p.m. Council docket.
COMMITTEE LIAISON REPORTS BY COUNCIL MEMBERS:
Hotel Roanoke and Conference Center Commission:
Mayor Smith advised that the Hotel Roanoke and Conference Center is a
success story which is paying its own way. He stated that in addition to the Mayor,
the City's representatives include the City Manager and former Council Member
William White, Sr.
There was discussion in regard to appointing two active members of City
Council to the Hotel Roanoke Conference Center Commission, along with a City
administrator. A suggestion was offered that City representatives to the
Commission consist of one active Member of City Council, a City administrator and
a member at large from the City of Roanoke. Following discussion, the matter was
referred to the City Attorney for report to Council.
There was also discussion with regard to the role of the Center for
Organization Technological Advancement (COTA) Program at the Hotel Roanoke
Conference Center administered through Virginia Tech; and a question was raised
with regard to the status of the culinary arts program that was to be offered by
Virginia Tech at the Conference Center; whereupon, the Mayor advised that he would
determine the status of the program and advise Council accordingly.
City of Roanoke Redevelopment and Housinq Authority:
Vice-Mayor Harris advised that the Board of Commissioners of the Roanoke
Redevelopment and Housing Authority and its Executive Director would like to
assume a new role in government and in the development of the community. He
explained that the Housing Authority currently partners with the City of Roanoke in
economic development projects through acquisition of property to be developed and
manages and operates public housing in the community, and the Housing Authority
wishes to continue its role in these two areas. However, he called attention to new
energy on the Housing Authority, i.e.: (1) the professional background and history
of the Executive Director; (2) a high energy Board of Commissioners that wishes to
be more engaged than previous Boards, with a demonstrated willingness to do new
and different things; and (3) kick-offofthe Bullitt-Jamison Pilot project which started
the initiative to look at some of the City's core neighborhoods and the infusion of
City monies and Community Development Block Grant funds into neighborhood
development. Vice-Mayor Harris advised that the Housing Authority wishes to be
highly engaged in the process as the City moves forward into the neighborhoods,
particularly relative to housing; therefore, the Housing Authority wishes to assume
a different role; and certain key staff positions have not been filled in anticipation
that the Council might want the Housing Authority to assume a new role;
whereupon, Vice-Mayor Harris requested input by the Mayor and Council Members.
The City Manager was called upon for remarks; whereupon, she referred to the
expertise of John Baker, the Housing Authority's Executive Director, and his
previous experience with neighborhood redevelopment. She stated that the matter
came to the forefront with the creation of the City's Department of Neighborhood
Services which made it obvious that the City was venturing into neighborhood
redevelopment. She stated that Mr. Baker sees the potential for the Housing
Authority to be the lead entity in all of the City's economic development pertaining
to housing, which is an option that has been exercised by some localities; however,
her personal feeling is that the Housing Authority, like the City of Roanoke, needs
to overcome some of the stigma of the past. She explained that some of the choices
in the Southeast by Design project were deliberate in an attempt to try and address
some of those experiences from the past and to involve the Blue Ridge Housing
Development Corporation in the process. She advised that housing should be
disbursed throughout the City, there is a need to promote Iow income housing in
other jurisdictions in the Roanoke Valley, and there is also a need to work together
more cooperatively. She encouraged Council to engage in the appropriate dialogue,
but requested that more time be spent on the matter before Council reaches a final
decision.
Comments by the Mayor and Council Members:
The Housing Authority could offer expertise with
the housing component, but not the overall
coordination of housing redevelopment.
The Housing Authority is involved in numerous
projects, one of which is the Bio Med Center on
South Jefferson Street. The RRHA is currently
short of staff and it is hoped that the Housing
Authority will not over extend itself.
There is a need for the Council and the Housing
Authority to engage in frank discussions about the
future role of Council and the RRHA. It would be
advantageous for the Housing Authority to be
involved in upper scale housing development
issues which will help to improve its image. The
Council should be clear about its expectations, as
well as the individual roles of the Council and the
Housing Authority.
Council should hear from all housing agencies,
including the RRHA, Blue Ridge Housing
Development Corporation, Christmas in April, etc.
It was the consensus of Council to use the next six months to hold monthly
breakfast meetings which are attended by the Vice-Mayor in his role as liaison
between Council and the Housing Authority, ' one member of City Council, two
Housing Authority Commissioners, the City Manager and the Executive Director to
discuss the matter in detail for further discussion by Council and the Housing
Authority at a joint meeting to be held later in the year.
City of Roanoke Transportation Safety Commission:
Council Member Bestpitch advised that membership is complete and Council
will receive a recommendation from the Transportation Safety Commission in the
near future with regard to transportation safety improvements.
Roanoke Neiqhborhood Partnership Steerin.q Committee/Ad Hoc Study
Committee:
Council Member Bestpitch advised that a proposal will be submitted to
Council in the near future that will significantly reduce the number of members on
the Roanoke Neighborhood Partnership Steering Committee from 30 to 11, and, in
addition, a name change will be proposed.
Roanoke Valley-Alleqheny Re.qional Commission:
Council Member Bestpitch advised that the long range water supply study is
on track and moving forward, and the study will include potential additional water
sources that may be available throughout the region.
Vir~linia's First Reqional Industrial Facility Authority:
Council Member Bestpitch advised that the joint venture involves a revenue
sharing project with other local governments of the Commerce Park which is located
near the airport on the outskirts of the Town of Dublin. He stated that there is a good
opportunity in that the airport, although small, is large enough to accommodate
freight shipments that can be held in the warehouse as a cost saving measure until
materials are ready to be used for production. He added that site production is
moving forward, issues with surrounding property have been resolved, and it is
hoped that announcements will be made in the near future with regard to
groundbreaking, ribbon cutting, etc.
Finance Best Practices Task Force:
Council Member Bestpitch advised that the Task Force has continued to meet
and, at some point in the future, it will be necessary to hold a discussion with regard
to how responsibilities are divided up and assigned to the various City departments,
and whether or not restructuring is in order.
War Memorial Committee:
Council Member Bestpitch advised that no meetings have been held during
the past year.
Total Action Aqainst Poverty Board of Directors:
Council Member Bestpitch advised that attention is beginning to focus on the
former Dumas Hotel renovations and a new facility that will be housed at that
location. He called attention to serious challenges facing the Virginia CARES
program, as well as certain other non-profit State agencies.
At 10:55 a.m., the Mayor declared the meeting in recess.
At 11:20 a.m., the work session reconvened in the Emergency Operations
Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with all Members of the Council in
attendance.
The work session continued with reports by Council Members in their liaison
capacities to various committees.
Special Events Committee:
Council Member Carder advised that negotiations have gone well with an
agency known as Valley Events which will serve as the gatekeeper in developing
new and distinctive events for the Roanoke region and, it is envisioned in the future
that the organization will become the coordinator of regional events. He stated that
Valley Events will be responsible for working out logistics, event details, providing
technical expertise, crowd control, tickets for events, etc.
The City Manager stated that the intent is to create an event umbrella
organization that will master calendar the year, engage in advance planning, and
serve as a mentor to various organizations. She added that ultimately, the goal of
the organization is to ~be a single fundraiser for festivals throughout the City, to
contact businesses to solicit contributions that will go into a pool of money for
special events, and Valley Events will be held accountable for the quality of events
to be produced.
It was suggested by a Member of Council that Roanoke City Council Members
participate in the St. Patrick's Day Parade in March.
Virginia First Cities Coalition:
Council Member Carder advised that he, along with the City Manager,
represent the City of Roanoke on the First Cities Coalition and the City Manager also
serves on the Executive Committee. He stated that the City's money has been well
spent and as a result of lobbying efforts, the State maintenance formula was
changed, resulting in $3 million to First Cities, or $175,000.00 to the City of Roanoke.
He added that First Cities was crucial in getting at risk funding education removed
from the Governor's budget and the Coalition was vocal about ensuring that public
education was not touched. He noted that the Coalition continues to strongly
encourage the Deputy Chief of Staff to develop an urban policy and the Chief of
Staff has indicated that a meeting will take place with the Governor. With regard to
tax restructuring, he advised that the question has been raised as to when the real
root cause of the problem will be addressed; and member localities are getting more
money for their dollars through the Virginia First Cities Coalition which is more
focused, versus the Virginia Municipal League which has become too broad based
in its focus.
There was discussion in regard to the position of member localities to the
Virginia First Cities Coalition, in connection with passing on State funding cuts to
the affected agencies; whereupon, the City Manager advised that all member
jurisdictions to First Cities have been requested to respond by the end of the day
with specific examples of what State budget reductions will mean for their budgets
and whether they will continue to pass on the cuts to the affected agencies. She
stated that one of the strategies discussed by First Cities is to support a position
that encourages the General Assembly to not change the Governor's
recommendation as it relates to public education inasmuch as to this point, no
serious damage has been done; and the Coalition is seriously considering taking a
position to request a five year plan for the General Assembly to meet those
obligations as defined by the JLARC study. She stated that information with regard
to actions taken by other localities will be provided to the Council.
War Memorial Committee:
Council Member Carder advised that no meetings have been held this year.
Roanoke Valley-Allegheny Regional Commission:
Council Member Carder advised that he also serves on the Strategy Planning
Committee of the Roanoke Valley-Allegheny Regional Commission. He discussed
the issue of regional cooperation and how independent cities may be a root cause
as to why localities cannot achieve substantial regional changes; the committee has
engaged in discussions to identify regional issues such as health, housing, land use
planning, water/sewer, airport, etc., and all issues will be placed on the table for
discussion. He added that counties must realize that they are going through the
same kind of suburbanization that cities are under going; and the Roanoke Valley.
Allegheny Regional Commission has decided to take on the role of a facilitative unit.
Roanoke Valley Convention and Visitors Bureau, Board of Directors:
Council Member Carder advised that the RVCVB has a budget of over $1
million; and requests were made to other localities for contributions; however, to
date, no contributions have been received toward a regional marketing effort. He
noted that hotels in Roanoke County and the City of Salem have been encouraged
to bring pressure on their respective localities to participate in the regional
marketing effort.
Mill Mountain Advisory Committee:
Council Member Cutler advised that he has attended monthly meetings at the
Discovery Center; he accepted the gift of a flag pole from Woodmen of the World,
and a bronze plaque describing the special status of the Mill Mountain Star for Mayor
Smith; he devoted particular attention to investigating the possibility of the City
donating a conservation easement on the steep portions of the park to the Virginia
Outdoors Foundation and/or the Western Virginia Land Trust to prevent future
inappropriate development; and the Committee is developing a plan that would
result in its going out of business following completion of certain items of business
(folding its duties into the City-wide Parks and Recreation Advisory Committee).
Mill Mountain Zoo, Inc.:
Council Member Cutler advised that routine reports on new species
acquisitions and budget issues, etc., and a new water line and car-parking capacity
are major issues.
Roanoke Arts Commission:
Council Member Cutler advised that new guidelines for administration for the
Percent for the Arts Program were requested by the Arts Commission and approved
by Council; the separate Committee to administer the program was disbanded; and
new guidelines for local non profit applicants for City grants are being drafted that
will reduce the complexity of paper work requirements and allow applicants to apply
for base operating support, as well as funds for short-term special projects.
The City Manager pointed out that the funds can be used by local non-profit
organizations for general operating purposes, and it is the sense of City staff that
Council is supportive of the proposed new guidelines.
Comments by the Mayor and Council Members:
When criteria moves from specific programs to the
organization, it becomes difficult to develop criteria
by which to judge one organization against another,
and it is easier to judge programs versus programs.
Organizations should be given some flexibility to
raise additional money.
An alternative would be to designate a certain
percentage of the funds for operations.
There should be some incentive for joint
cooperation projects, such as the Dumas Hotel and
the Harrison Museum of African-American Culture.
The Downtown Interstate Exit, Exit 5, which is the
location where the fountain currently exists, would
be an excellent location for a piece of art. It was
noted that the location was the proposed site for the
Unity Fountain, Downtown Roanoke, Inc., has been
approached about assuming sponsorship of the
Unity Fountain and the matter should also be
discussed by the Arts Commission.
The City Manager advised that the funding issue for cultural agencies could
be addressed through a compromise, and funds could be used for existing
programs, or designation of a specific program for matching funds. She stated that
another alternative would be to use HUD guidelines for administrative costs and,
with the concurrence of Council, she would incorporate the HUD guidelines into the
proposed policy.
Roanoke Valley/Alleqheny Re§ional Commission:
Council Member Cutler advised that the Regional Commission took advantage
of the opportunity to obtain a special status from the USEPA giving the region more
time to reduce its ozone air pollution and qualify as complying with air quality
standards. He further advised that the Regional Commission is attempting to
address the need for a "brand" or slogan for the region to increase its profile and
ability to attract tourists and businesses.
Roanoke Valley Long Range Water Sul0131v Study Committee:
Council Member Cutler advised that the firm of Black & Veatch has been
contracted to conduct a quick analysis of known information regarding the relative
productivity of various new, major water supply sources for the region.
Urban Forestry Task Force:
Council Member Cutler advised that the Task Force is drafting a new urban
forestry ordinance and an associated program that will improve the City's impact on
its urban forest and lead to a major increase in the per cent of the City's area under
a forested canopy.
The City Manager advised that the proposed ordinance will be presented to
Council in February 2003.
Roanoke Valley Regional Cable Television Committee:
Council Member Dowe advised that Cox Communications has received copy
of the franchise agreement for review by its legal team.
Mayor's Committee for People with Disabilities:
Council Member Wyatt advised that her schedule has prevented her from
attending meetings of the committee.
Roanoke Civic Center Commission:
Council Member Wyatt commended Civic Center staff on their outstanding
work in connection with the change.over on Saturday, January 4, from the Roanoke
Dazzle basketball game in the afternoon, to the Roanoke Express hockey game on
that same evening. She advised that high school graduations will be held in the
Civic Center Auditorium in June on a trial basis, with a limited number of tickets, and
with the assurance that no problems will be encountered.
The Acting Director of Civic Facilities advised that in late December 2002, the
City of Roanoke received notice of an Alcoholic Beverage Control Board hearing
date for February 20, 2003, in connection with the City's application to serve
alcoholic beverages at Roanoke Civic Center events. He called attention to 58
citizens who have signed up in opposition to the City's application, most of whom
reside outside of the City limits, and some churches in the City are also in
opposition for religious and philosophical reasons. He explained that staff is
· developing a list of citizens who will provide positive testimony in support of the
City's request, and the license is needed in order for the City to remain competitive
with other facilities in the area.
Virginia CARES Board of Directors:
Council Member Wyatt advised that a report regarding funding is scheduled
to be considered by Council at its 2:00 p. m. session.
Virginia Museum of Transportation Board of Directors:
Council Member Wyatt advised that funding has been severely cut, various
fund raising activities are scheduled throughout the year, and the Transportation
Museum is doing a yeoman's job to raise money.
The work session was declared in recess at 12:30 p.m., at which time the
Council convened in Closed Session to engage in mid year performance evaluations
with the Director of Finance, City Clerk, City Attorney and City Manager.
The Council meeting reconvened at 2:00 p.m., on January 6, 2003, in the City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith ............................................................................................... 7.
ABSENT: None ..................................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Floyd W. Davis,
Pastor, High Street Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
WATER RESOURCES: The Mayor announced that at an 11:00 a.m. news
conference, mandatory water restrictions were lifted in the City of Roanoke.
CONSENTAGENDA
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 one Closed Session to
discuss vacancies on certain Council-Appointed committees.
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 18, 2002, was before the body.
Mr. Cutler moved that the reading of the minutes be dispensed with and that
the minutes be approved as recorded. The motion was seconded by Mr. Dowe and
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ................................................................................................... -7.
NAYS:NONE ........................................................................................ 0.
COMMITTEES-CITY COUNCIL: A communication from the Honorable Ralph K.
Smith, Mayor, requesting a Closed Meeting to discuss vacancies on certain
authorities, boards, commissions and committees appointed by Council, pursuant
to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Cutler moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(I), Code of Virginia (1950), as amended. The motion was seconded by Mr. Dowe
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith .............................................................................................. 7.
NAYS:NONE ........................................................................................ 0.
BUDGET: A communication from the City Manager transmitting the proposed
2003-04 Budget Study calendar, was before the body.
Date
Budqet Preparation Activitie.~
April 14-18, 2003
April 18, 2003
April 18, 2003
April 28, 2003
May 7-9, 2003
City Manager briefs City on Recommended budget.
Recommended budget document delivered to City
Council Members.
Advertisements of public hearings on
recommended budget and tax rates appear in
newspapers.
Public hearings on recommended budget and tax
rates.
**Requires special meeting of City Council
City Council budget study work sessions.
May 12, 2003
City Council adopts General Fund, School Fund,
Proprietary Fund budgets and an Update to the HUD
Consolidated Plan and approves an annual
appropriation ordinance.
**Requires special meeting of City Council
Mr. Cutler moved that COuncil concur in the proposed 2003-04 Budget
Calendar. The motion was seconded by Mr. Dowe and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ......................................................................................... 7.
NAYS:NONE ....................................................................................... ~.
CITY PROPERTY: A communication from the City Manager recommending that
Council authorize a public hearing to be held on Tuesday, January 21, 2003, at
7:00 p.m., or as soon thereafter as the matter may be heard, with regard to proposed
conveyance of property rights in connection with surplus City-owned property,
described as Official Tax Nos. 2011718, 2021789 and 2021788, was before the body.
Mr. Cutler moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ............................................................................................. -7.
NAYS:NONE ........................................................................................ 0.
JEFFERSON CENTER-LEASES-SCHOOLS: A communication from the City
Manager recommending that Council authorize a public hearing to be held on
Tuesday, January 21, 2003, at 7:00 p.m. or as soon thereafter as the matter may be
heard, with regard to lease of the Jefferson High School Gymnasium, was before the
body.
It was advised that the Young Men's Christian Association of Roanoke,
Virginia (YMCA), currently leases the Jefferson High School Gymnasium; the lease
agreement expires on January 18, 2003; the YMCA has expressed an interest in
continuing the lease agreement; the feasibility of a new lease agreement, or possibly
a transfer of title, is currently being negotiated; and to facilitate time for negotiation,
the YMCA has requested an extension agreement of the current lease for six
months.
Mr. Cutler moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Dowe and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ............................................................................................... 7.
NAYS:NONE ...................................................................................... ~.
LEASES-COMMONWEALTH OF VIRGINIA BUILDING: A communication from
the City Manager recommending that Council authorize a public hearing to be held
on Tuesday, January 21,2003, at 7:00 p.m., or as soon thereafter as the matter may
be heard, with regard to lease of the Commonwealth Building, was before the body.
It was advised that the United States General Services Administration (GSA)
currently leases space within the Commonwealth Building, which is owned by the
City; GSA uses the second floor of the building for the Federal Bankruptcy Court and '
its affiliated offices; the current lease expires on January 31, 2003; the GSA is
interested in extending the lease for one year, with the same terms as the current
lease; and the current lease rate is $6.50 per square foot, plus $3.97 per square foot
for operating costs, increased annually based on the Consumer Price Index 1982-
1984 = 100, at an annual rent amount of $130,007.76.
Mr. Cutler moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ................................................................................................ -7.
NAYS:NONE ....................................................................................... ~.
SEWERS AND STORM DRAINS: A communication from the City Manager
recommending that Council authorize a public hearing to be held on Tuesday,
January 21, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard,
with regard to vacation of sewer and drainage easements on Wildwood Road, S. W.,
was before the body.
Mr. Cutler moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ................................................................................................. -7.
NAYS:NONE ....................................................................................... ~.
POLICE DEPARTMENT-OATHS OF OFFICE-COMMITTEES-CITY COUNCIL-
COURT COMMUNITY CORRECTIONS BOARD-JUVENILE CORRECTIONAL
FACILITIES-BLUE RIDGE COMMUNITY SERVICES-ROANOKE NEIGHBORHOOD
PARTNERSHIP-VIRGINIA ALCOHOL SAFETY ACTION PROGRAM: The following
reports of qualification were before Council:
Jesse A. Hall as a member of the Roanoke Valley Juvenile Detention
Center Commission, for a term ending June 30, 2006
The Honorable John B. Ferguson and The Honorable Julian H. Raney
as members of the Court Community Corrections Program Regional
Criminal Justice Board, for terms ending June 30, 2005;
Carl D. Cooper as a member of the Roanoke Neighborhood Partnership
Steering Committee, for a term ending November 30, 2005;
A. L. Gaskins as a member of the Regional Policy Board, Alcohol Safety
Action Program, for a term ending June 30, 2004;
Alma L. Lee as a member of the Personnel and Employment Practices
Commission, for a term ending June 30, 2005; and
Robert Williams, Jr., as a member of the Blue Ridge Behavioral
Healthcare, Board of Directors, for a term ending December 31, 2005.
Mr. Cutler moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ............................................................................................ -7.
NAYS:NONE ........................................................................................ 0.
LEASES-CITY MARKET: A communication from the City Manager
recommending that Council hold a public hearing on Tuesday, January 21, 2003, at
7:00 p.m., or as soon thereafter as the matter may be heard, with regard to lease of
the City Market Building, was before the body.
Mr. Cutler moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ................................................................................................. 7.
ABSENT: None ................................................................................. -0.
REGULAR AGENDA
PUBLIC HEARINGS:NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HOUSING/AUTHORITY-GRANTS-YOUTH: The City Manager
submitted a communication advising that World Changers is a volunteer
organization that brings together youth and adults from throughout the nation to
participate in housing and related community service projects; several months ago
the City and World Changers began discussions with regard to a project to repair 30
or more homes in the southeast and other areas of the City during July 2003; World
Changers will provide youth workers and adult supervision for painting, roofing, and
other rehabilitation; and the City will provide funding for materials and other
support, including housing youth and adults at a school facility for the week.
It was further advised that the City and World Changers have designed a
project for the week of July 12-19, 2003; uncommitted current-year Community
Development Block Grant (CDBG) funds are to be used for costs of materials and
need to be in place prior to July; numerous other preliminary activities to be
supported by CDBG funds must be undertaken prior to arrival of the World Changers
group; therefore, the project must be added to the City's 2002-03 Annual Update to
the Consolidated Plan, requiring a 30-day public review before implementation; a
legal notice appeared in The Roanoke Times on November 29, 2002, to begin the
public comment period, which ended on December 30, 2002; and no objections to
the project were received.
It was explained that preliminary activities to be undertaken prior to arrival of
the World Changers group are extensive and critical to the success of the project,
which includes identifying homes and determining homeowner eligibility, preparing
work write-ups, assessing and treating affected lead-based paint, securing
necessary rehabilitation materials, coordinating with World Changers, and many
other details; the City has chosen Blue Ridge Housing Development Corporation,
Inc., (BRHDC) to serve as overall program administrator to perform these functions;
a subgrant agreement with BRHDC, will be needed to outline the various provisions;
the $110,000.00 in CDBG funds needed for the agreement will be appropriated from
additional program income received in excess of current revenue estimates; and
housing arrangements for World Changers youth and adults are being finalized by
the City's Youth Planner with the Roanoke City Schools and will be completed in the
near future.
The City Manager recommended that the following actions be approved by
Council:
Authorize the City Manager to amend the 2002-03 Annual Update to add
the World Changers project.
Authorize the City Manager to execute a CDBG Subgrant Agreement
with Blue Ridge Housing Development Corporation, Inc., to be
approved as to form by the City Attorney.
Increase revenue estimates in the following revenue accounts:
Parking Lot Income
Other Program Income-RRHA
Demolitions
Home Ownership Assistance
Rental Rehabilitation
Miscellaneous Program
Income
Home Ownership Assistance
KDL Investments Loan
Hotel Roanoke Section
108 Loan
Rental Rehabilitation
035-G02-0200-2202
035-G02-0200~2203
035-G02-0200-2204
035-G02-0200-2222
035-G02-0200-2240
035-G03-0300.2205
035-G03-0300-2222
035-G03-0300.2232
035-G03-0300.2234
035-G03-0300-2240
by $7,400.00
by $1,806.00
by $8,034.00
by $3,260.00
by $14,270.00
by $1,375.00
by $2,813.00
by $27,076.00
by $5,849.00
by $38,117.00
Appropriate the above referenced funds to the following expenditure
accounts:
World Changers FY02 Funds 035-G02-0220-5390
World Changers FY03 Funds 035-G03-0320-5391
$34,770.00
$75,230.00
Mr. Carder offered the following budget ordinance:
(#36187-010603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 51 .)
Mr. Carder moved the adoption of Ordinance No. 36187-010603. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
Mr. Dowe offered the following resolution:
(#36188-010603) A RESOLUTION authorizing the appropriate City officials to
amend the 2002-2003 Consolidated Plan Annual Update regarding the World
Changers project, including submission of necessary documents to the U. S.
Department of Housing and Urban Development (HUD), and to enter into a 2002-2003
Community Development Block Grant (CDBG) Subgrant Agreement with the Blue
Ridge Housing Development Corporation, Inc., regarding the World Changers
project, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 67, page 52.)
Mr. Dowe moved the adoption of Resolution No. 36188-010603. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
CITY CODE-NUISANCES-REFUSE COLLECTION.CITY PROPERTY-STREETS
AND ALLEYS: The City Manager submitted a communication advising that as
authorized by the Code of Virginia, 1950, as amended, Section 33-18 of the Code of
the City of Roanoke (1979), declares weeds and trash on private property to be a
public nuisance required to be abated; the City of Roanoke enforces these
provisions with owners of private property in violation of the ordinance, however,
narrow areas of public rights-of-way adjacent to private property, e.g. between road
pavement and sidewalks or property lines, or along alleys, are frequently overgrown;
and maintenance of these narrow areas is problematic within the City's existing
resources.
It was further advised that owners of private properties currently have some
maintenance responsibilities for adjacent public property, e.g. removal of snow from
sidewalks; in many cases, property owners already take care of adjacent rights-of-
way to the edge of streets and in alleys; where owners do not do so and City of
Roanoke crews cannot mow, trim or pick up trash frequently, streetscape
appearance often is poor and presents a negative image of the community; and the
State Code allows responsibility for removal of nuisances from public property to
be assigned to owners of property affected, as is done in several localities around
the State, including Newport News, Richmond, Norfolk, and Bedford.
The City Manager recommended that Council approve amendment to Section
33-17, Code of the City of Roanoke (1979), as amended, to extend responsibility for
weeds and trash on public rights-of-way along streets and alleys to the owners of
adjacent private property, which amendment is a part of the City of Roanoke's
efforts to improve the appearance of its streetscapes and neighborhoods.
Mr. Dowe offered the following ordinance:
(#36189-010603) AN ORDINANCE amending and reordaining subsections (d),
(e) and (g) of §33-17, Definitions, of Chapter 33, Vegetation, of the Code of the City
of Roanoke (1979), as amended, to amend the definition of Owner, Parcel and Weed
or Weeds; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 53.)
Mr. Dowe moved the adoption of Ordinance No. 36189-010603. The motion
was seconded by Mr. Carder.
Dr. Floyd Davis, 1829 June Drive, N. W., addressed Council in connection with
the hardship on elderly persons on fixed incomes who will have to pay for someone
to clear their property. He inquired if real estate taxes will be affected and if a
penalty will be levied against the property owner for non-compliance.
Mr. Robert N. Richert, 415 Allison Avenue, S. W., spoke in support of the
measure, which is not only beneficial to the inner city neighborhoods, but is
consistent with the City's 2001-2020 Comprehensive Plan. He stated that there are
absentee landlords in the inner City who take a dim view of maintaining alleyways,
which include public rights-of-way that are used frequently for walking, bicycling,
etc. He advised that it is unfortunate that City government must legislate what
would normally be good citizenship on the part of property owners and residents of
the City, but overgrown rights-of-way tend to affect not only the impression that
Roanokers give of ourselves, but the impression that is passed on to visitors.
Mr. Richard Dearing, 5122 Old Springs Road, S. W., concurred in the remarks
of Mr. Richert; however, he stressed the importance of the City of Roanoke being a
user friendly government. He referred to a vacant lot that he owns which is located
on an out of the way street, he infrequently passes the lot, and trash is occasionally
found on the property; therefore, if someone trashes his property, he then becomes
a victim of the ordinance. He advised that he is in favor of having a beautiful City,
but would encourage that the City of Roanoke be a user friendly city.
Mr. Charles Harlow, 1375 Stoutmire Drive, S. W., advised that in the past,
topics of this nature were introduced to citizens and to neighborhoods with advance
notification and prior to amending the City Code. He expressed concern for himself
as a property owner in the City of Roanoke and for elderly and disabled citizens.
The City Manager was requested to address issues raised by the above noted
speakers; whereupon, she advised that for many years the City Code has required
citizens to clear their sidewalks, particularly when the City experiences a snow
event. However, she stated that it is acknowledged that citizens do not clear their
sidewalks as quickly as possible, which is one of the primary reasons that the
schools do not open after a snow event. She called attention to discussions
regarding the creation of a youth corp that would assist elderly/disabled citizens in
clearing their sidewalks. She advised that there are a number of citizens who have
routinely cleared the area between the sidewalk and the street, but unfortunately,
there is a level of inconsistency and the intent of the proposed ordinance is to clarify
the responsibility of the adjacent property owner. Like all City Code violations, she
explained that individuals would be given notice of and a period of time in which to
correct the violation. With regard to Mr. Dearing's concern, she advised that he
would be notified and given a reasonable period of time to effect the change, if the
violation was not corrected, the City would enter the property to remove the trash
and cut the grass, send a bill to the property owner, if the property owner failed to
pay the bill, it would be recorded as a lien against the property and the lien would
be collected at the time of disposition of the property. In an effort to assist the
elderly and/or disabled citizen, she called attention to plans to implement a program
in which the names of young persons in the various neighborhoods will be provided
as a resource to provide assistance. She stated that there is no impact on the real
estate tax rate, however, maintaining the area in front of one's residence in an
attractive appearance would enhance the value of the property, as well as the value
of the neighborhood. She advised that the goal of staff in bringing the proposed
ordinance to Council is more to make the citizens aware of their responsibility, as
opposed to using the heavy hand of enforcement, because most citizens when they
understand the City's expectations will make an effort to comply.
With reference to City property,the Mayor advised that the City will have to
clean up certain City-owned property before it asks citizens to abide by the
proposed regulations.
Council Member Cutler commended the City Manager on the formation of a
Volunteer Youth Corp, and advised that the Kiwanis Club sponsors Builders Clubs
and Key Clubs in the middle schools and the high schools throughout the City and
these young adults will also be pleased to assist with community service projects.
The City Manager responded that she would ask the City's Youth Planner to contact
the two groups as a way to build the Volunteer Youth Corp.
Council Member Carder advised that the issue of absentee landlords is being
addressed as a part of the City's legislative agenda to seek enabling legislation that
would authorize the City to contact absentee landlords; however, to this point, the
City has been unsuccessful. He encouraged citizens to contact their State
representatives and Senator to solicit their support in the City's efforts.
Ordinance No. 36189-100603 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .......................................................................................... ,-7.
NAYS: None ......................................................................................... 0.
BUDGET-HOSPITALS-GRANTS: The City Manager submitted a communication
advising that on September 1, 1998, the City of Roanoke and Carilion Health System
(CHS) entered into an agreement whereby CHS agreed to move or to create at least
310 positions in Enterprise Zone One; and the City agreed to make available job
training grants, in the amount of up to $1,000.00 per employee, not to exceed
$500,000.00, through the Fifth District Employment and Training Consortium
(FDETC).
It was further advised that CHS has experienced more growth than the
minimum 310 committed positions and has requested more training funds than
initially set aside; the total request for training funds for 550 positions was
$471,353.42, while the City originally appropriated only $310,000.00 for training
funds of CHS; in February 2002, Council appropriated an additional $25,678.00 to
help bring the total paid to CHS to $335,677.83; the FDETC still owes CHS
$135,675.59, an amount equal to two payment requests by CHS that went
unaddressed due to staff turnover and misdirection of requests, which amount
needs to be funded by the City to FDETC; and the payment will complete all
commitments under the agreement.
The City Manager recommended that Council appropriate $135,676.00 from
Capital Improvement Reserve (Account No. 008-052-9575-9181) to CHS Training
Grant, Account No. 008-310-9699-2044.
Mr. Carder offered the following budget ordinance:
(#36190-010603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 55.)
Mr. Carder moved the adoption of Ordinance No. 36190-010603. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... 7.
NAYS: None ........................................................................................ -0.
SIDEWALK/CURB AND GUTTER-BUDGET: The City Manager submitted a
communication advising that Council was recently briefed on the categories toward
which curb and sidewalk projects are being focused using the $5 million in bond
funds generated for this purpose; the project is responsive to a number of individual
citizen requests and provides for installation of approximately 20,000 square feet of
sidewalk, 12,000 linear feet of curb and 9,000 square feet of entrances on various
streets within the City; plans are underway to award a contract for the project to
H. & S. Construction Company, in the amount of $477,250.00, with 365 consecutive
calendar days of construction time; and funding needs to be provided.
It was further advised that funding, in the amount of $525,000.00, is needed
for the project; additional funds that exceed the contract amount will be used for
miscellaneous project expenses, including advertising, prints, test services, minor
variations in bid quantities and unforeseen project expenses; and funding in the
amount of $525,000.00 is available in Public Improvement Bonds - Series 2002, Curb
and Gutter, Account No. 008-530-9711-9195.
The City Manager recommended that Council transfer $525,000.00 from Public
Improvement Bonds. Series 2002, Account No. 008-530-9711-9195, to an account
to be established by the Director of Finance entitled, Curb, Gutter and Sidewalk -
Phase VIII.
Mr. Carder offered the following budget ordinance:
(#36191-010603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 56.)
Mr. Carder moved the adoption of Ordinance No. 36191-010603. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
· and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
POLICE DEPARTMENT-GRANTS: The City Manager submitted a
communication advising that the Virginia Community Action Re-entry System, Inc.
(Va. CARES) is a nonprofit organization with its home office in the City of Roanoke
and extensive experience in offender services; for the period July 1,2002 to June 30,
2003, the Virginia Department of Criminal Justice Services (DCJS) awarded nearly
$950,000.00 in State funding to Va. CARES to continue its statewide, multi-office,
pre-release and post-incarceration assistance program; due to budget cuts, DCJS
recently notified Va. CARES that its State funding would terminate on December 31,
2002, but Federal funding under the Byrne Memorial Formula Grant Program (Byrne
Grant), administered by DCJS, could be made available to support the program
through the end of the fiscal year; however, Federal funds require a 25 per cent cash
match and may be awarded only to a locality, which would then be expected to
contract with Va. CARES to conduct offender services; in order meet the deadline
of DCJS to ensure availability of Federal funds, Va. CARES submitted an application
on November 15th indicating the City as Grantee, based on an understanding that
this was not final; and the application requested $331,102.00 in Byrne Grant funding
and pledged $110,362.00 in matching funds, for a total of $441,464.00 in funding for
the six months.
It was explained that if the City formally agrees to be the Grantee under the
Byrne Grant application, it will become responsible for the entire Va. CARES
program serving 44 cities and counties through nine subcontractors which are
dispersed across the Commonwealth of Virginia; a grant agreement would be
executed with DCJS, whereby the City would become the project administrator and
fiscal agent; and it is in the City's interests that the fiscal agent role be limited as
much as possible to a "pass-through" capacity, with day-to-day operational
activities, such as service delivery, payroll functions and vendor payments,
administered by the Va. CARES home office and its subcontractors.
It was pointed out that given the City's budgetary constraints, it is critical that
the City not take on financial liability for the matching funds requirement; under
DCJS funds that expired on December 31, 2002, Va. CARES was required to
contribute matching funds, which it secured through local sources and its
subcontractors; as a condition for becoming the Grantee for the Federal funds, the
City has stipulated that Va. CARES must provide the matching funds up front to
operate during the initial six or more weeks under the Byrne Grant; by requiring Va.
CARES to expend matching funds first, the City can eliminate the potential liability
for providing matching funds; after the initial operating period, the City would
disburse grant funds to the Va. CARES home office on a monthly basis;
disbursements would require documentation of allowable costs and additional
matching funds, ensuring that these requirements are being satisfied; initial use of
matching funds by Va. CARES is, in any case, necessary since grant funds cannot
be drawn and disbursed until after action by Council and following execution of the
necessary State and subgrant agreements; and at the January 21, 2003, meeting of
Council, a report will be submitted to Council to accept the Byrne Grant, appropriate
funding, and authorize the City Manager to execute the agreement with Va. CARES.
The City Manager recommended that she be authorized to execute the Va.
CARES Byrne Grant application, contingent upon Va. CARES having secured cash
matching funds sufficient to support its operations for a minimum of six weeks.
Mr. Dowe offered the following resolution:
(#36192-010603) A RESOLUTION authorizing the City Manager to apply for a
grant from the Virginia Department of Criminal Justice Services.
(For full text of Resolution, see Resolution Book No. 67, page 57.)
Mr. Dowe moved the adoption of Resolution No. 36192-010603. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... 7.
NAYS: None ......................................................................................... 0.
NEWSPAPERS-ADVERTISING: The City Manager submitted a communication
advising that the City of Roanoke produces a number of publications on a regular
basis, including Roanoke Citizen magazine and an annual municipal calendar which
are distributed to every household in Roanoke, City Corner which is an internal
newsletter distributed to approximately 3,000 City employees and retirees, and
Happenings, which is a Parks and Recreation tabloid distributed through The
Roanoke Times.
It was further advised that these publications represent a significant expense
to the City, but they also represent significant opportunities for commercial and non.
profit advertisers to reach potential customers, so long as their advertising is limited
to paid advertising for consumer goods and services; the City has received a
number of requests to advertise in these publications, and the proposed advertising
policy and fees would provide a uniform way to accept advertising and recover a
portion of the expense of providing these valuable public information services; most
localities in Virginia do not produce publications of similar length, frequency or
distribution as does the City of Roanoke and of those localities with comparable
publications, Norfolk and Virginia Beach are the most notable examples for which
advertising plays a large role; the proposed Roanoke advertising policy incorporates
several provisions of the Norfolk and Virginia Beach policies, including prohibitions
against political, religious, sexually oriented or issue advocacy advertisements; and
advertising fees in the proposed policy are based on staff research of market rates
for advertisements in similar commercial publications in the region.
The City Manager recommended that Council approve the proposed
advertising policy and amend the Fee Compendium to accept advertising in the
above-named City publications.
Mr. Carder offered the following resolution:
"A RESOLUTION adopting a Publications Advertising Policy for the City of
Roanoke, establishing advertising fees and amending the City's Fee Compendium."
Mr. Carder moved the adoption of the resolution. The motion was seconded
by Mr. Dowe.
Council Member Bestpitch expressed concern with regard to attempts to
address, in one sentence, the types of advertising that might be prohibited relative
to first amendment questions that could arise from the issue, and noted that it is
difficult to draw the line between the kind of speech that government will prohibit or
allow in this type of situation. Therefore, he offered a substitute motion that the
resolution be tabled for further review by City staff and discussion at a future work
session of the Council. The motion was seconded by Mr. Cutler and unanimously
adopted.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
November 2002.
Council Member Carder expressed concern in regard to the decrease in State
funding, specifically grants to certain programs. He called attention to the need to
identify which City programs are mandated by the State that are either not being
funded, or funding has been cut. He stated that Council should make a decision to
challenge, legally, whether it is required to make up the shortfalls related to
decreases in State funding; and if the State continues to cut funding to programs,
local governments should: (1) inform the State that if it mandates a program, the
mandate should be funded by the State, or (2) the locality should not implement the
program and let the State take the locality to court.
The City Manager advised that the information requested by Mr. Carder could
be compiled rather quickly because City departments, in preparing their business
plans, were instructed to identify those programs that are legally mandated either
by Federal law, State law, local code or discretionary.
The Mayor inquired as to the amount of State reductions passed on to the City
of Roanoke as of October 2002; whereupon, the Director of Finance advised that the
first notification of decreases totaled approximately $387,000.00, and the City was
recently advised of another $500,000.00 - $600,000.00 for the current fiscal year as
set forth in the Govenor's suggested budget amendment, which is approximately
one quarter of one per cent.
The Mayor advised that in the overall scope of a $194 million City budget, one
quarter of one per cent would not pose a great handicap. He inquired as to how the
loss of one quarter of one per cent of the City's overall budget affects the total
picture.
The Director of Finance clarified that the abovereferenced reduction of funds
is in addition to the reductions that the City was notified of last year, and is not
inclusive of reductions in the upcoming budget.
Council Member Bestpitch expressed concern over repeated comments that
there must be ways in which the City can achieve greater efficiencies in government
and ways to reduce the overall City budget. He called attention to the need to hear
specific areas where budget cuts could be made, regardless of the amount of the
cut, and those persons should be willing to identify what the citizens of Roanoke
will have to give up in order to allow for greater efficiencies and/or an overall budget
reduction.
Without objection by Council, the Mayor advised that the November 2002
Financial Report would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND
RESOLUTIONS:
CONSIDERATION OF ORDINANCES AND
COMMITTEES-CITY COUNCIL: Mr. Bestpitch offered the following resolution
providing that Council meetings will commence on the first Monday of each month
at 9:00 a.m. instead of 12:15 p.m.:
(#36193-010603) A RESOLUTION amending Paragraph 2(a) of Resolution No.
35958-070102, which established a meeting schedule for City Council for the Fiscal
Year commencing July 1, 2002, and terminating June 30, 2003, in order to change
the time of commencement of the regular meetings of City Council to be held on the
first Monday in each month from 12:15 p.m. to 9:00 a.m.
(For full text of Resolution, see Resolution Book No. 67, page 57.)
Mr. Bestpitch moved the adoption of Resolution No. 36193-010603. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
SPORTS ACTIVITIES-ROANOKE CIVIC CENTER-HOCKEY: Council Member
Wyatt commended staff at the Roanoke Civic Center for the efficient manner in
which the change over occurred from the Roanoke Dazzle basketball game to the
Roanoke Express hockey game on Saturday, January 4, 2003.
ROANOKE CiViC CENTER-SPORTS ACTIVITIES: Council Member Dowe
encouraged citizens of the Roanoke Valley to support the Roanoke Dazzle basketball
team.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
ZONING-COMPLAINTS-SCHOOLS: Mr. Bob Caudle, 4231 Belford Street, S.W.,
addressed Council in connection with concerns of residents regarding an
application submitted by the Roanoke County School Board to the City of Roanoke
Board of Zoning Appeals, for a zoning variance to install lights on the
soccer/football field at Hidden Valley Middle School, which will allow light fixtures
to be 90 feet in height, in lieu of the maximum 35 feet limitation.
Mr. Caudle advised that Hidden Valley Middle School is a Roanoke County
school located in the City of Roanoke; on July 14, 1986, a Consent Decree was filed
in the Circuit Court signed by the Honorable Ernest W. Ballou, Judge, ordering that
the Hidden Valley Middle School lights be removed by October, 1986, and further
stating that the recreational facility will remain a recreational facility for day time use
only and will remain unlighted to prevent night time recreational use. He inquired
as to why the Roanoke County School Board did not consult with Roanoke City
officials prior to filing the application with the Board of Zoning Appeals and why did
the School Board not consult with the neighborhood. He stated that residents of the
Greater Deyerle area have gone to great expense to hire an attorney to represent
their best interests which is not a cost that they should have to bear.
CITY MANAGER COMMENTS:
CITY EMPLOYEES: On behalf of all City employees, the City Manager
expressed appreciation to the Members of Council for authorizing December 24,
2002, as an additional holiday for City employees.
ACTS OF ACKNOWLEDGMENT-CITY EMPLOYEES-SNOW REMOVAL: The City
Manager commended City staff on the manner in which the snow event on Sunday,
January 5, 2003, was addressed.
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER-FDETC-SPORTS
ACTIVITIES: The City Manager advised that the City of Roanoke will host a meeting
of the Roanoke Valley-Alleghany Regional Commission at the Roanoke Civic Center
on January 15, 2003, 4:00 - 7:00 p.m., and following the meeting, guests are invited
to attend the Roanoke Dazzle basketball game.
At 3:05 p.m., the Mayor declared the meeting in recess for one closed session.
At 4:45 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding and all Members of the Council in attendance.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Harris
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there
is a vacancy on the Roanoke Arts Commission, and called for nominations to fill the
vacancy.
Mr. Dowe placed in nomination the name of Nelett H. Lor.
There being no further nominations, Ms. Lor was appointed as a member of
the Roanoke Arts Commission, for a term ending June 30, 2005, by the following
vote:
FOR MS. LOR: Council Members Bestpitch, Carder, Cutler, Dowe, Harris,
Wyatt and Mayor Smith ..................................................................................... -7.
Inasmuch as Ms. Lor is not a City resident, Mr. Dowe moved that the City
residency requirement be waived. The motion was seconded by Mr. Cutler and
unanimously adopted.
Following the formal session of Council, the work session reconvened at 4:50
p.m., in the City Council Chamber, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor Smith presiding and all Members of the
Council in attendance.
COUNCIL:
ITEMS FOR DISCUSSION AT THE FEBRUARY 4, 2003 COUNCIL/SCHOOL
BOARD RETREAT:
The City Manager advised that the facilitator, Lyle Sumek, Lyle Sumek and
Associates, Inc., will interview School Trustees on February 3 and obtain Council
input thereafter.
Council Member Cutler submitted the following items for discussion:
Budget
Audits
School building renovation/construction schedule
Citizen complaints regarding lack of close oversight
resulting in waste of public funds, danger to teachers and
students.
Discipline of those responsible for past illegal activities?
Response to those who advocate an elected school
board?
Joint administration of fitness facilities.
Joint use of trails and parks (recreation, science teaching,
etc.)
Anything to be learned from the experience with the
Roman Catholic Archdiocese that has partnered with the
County instead of the City at Washington Park? Should
the City have handled the matter differently?
Opportunities to share facilities, programs, etc., with
neighboring school districts?
Warmer welcome for volunteers?
Another proposed item was a philosophical discussion by Council and the
School Board regarding funding issues, in which it was noted that by the time the
General Assembly completes the budget, the School Board may be requesting
additional funds; therefore, the question becomes, will Council take the same stand
that it took with other State budget cuts that were passed down to the affected
Constitutional offices and City departments.
In response, the City Manager called attention to discussions with the
Superintendent of Schools who has indicated that he will present the proposed
fiscal year 2003-04 school budget to the School Board next week. She stated that
based upon preliminary budget estimates and primarily upon information from the
City's Director of Real Estate Valuation with regard to real estate assessments, local
money available to the schools next year represents the largest per cent increase
in new money for the school system in a number of years. She noted that the
School Superintendent is encouraged with regard to local funding which is based
on the formula that was established several years ago. She noted that for fiscal year
2003-04, the City of Roanoke and the position of its school system is favorable,
because more funds appear to be available than were originally anticipated, and the
school system does not anticipate the level of loss of State funds that was originally
envisioned.
The City Manager advised that the issue of elected school boards could
surface through the news media; therefore, the topic might be an appropriate item
for discussion at the Council/School Board retreat.
There was discussion as to the need for proactive dialogue between Council
and School Board members in order to reach an understanding with the School
Board that the Members of Council appoint School Trustees and it is inherent that
there be some level of accountability back to the Council as the body that is elected
by the voters. The City Manager advised that it is important, when appointments are
made to the School Board, that Council create that kind of atmosphere and the more
Council shares those expectations, the better the relationships will be.
DISCUSSION WITH REGARD TO SCHEDULING OF JOINT MEETINGS OF
COUNCIL AND CERTAIN COUNCIL APPOINTED AUTHORITIES, BOARDS,
COMMISSIONS AND COMMITTEES:
Comments by the Mayor and Members of Council:
Meetings should be used productively and not as a
time to report on the progress of the committee
over the past year.
For some committees, the joint meetings are
perceived as a time for Council to express
appreciation for a job well done. If Council Members
would agree to attend at least one meeting per year
of the City Planning Commission, Board of Zoning
Appeals, Architectural Review Board, Roanoke
Redevelopment and Housing Authority, Industrial
Development Authority and the School Board, the
5:00 p.m. joint meetings could be eliminated.
Members of the various committees attend the joint
meetings with the expectation of receiving direction
and clarification from the Council.
Joint meetings should not be scheduled unless the
purpose falls into one of the following categories:
(1) to present an explanation of an issue or
concern; (2) to solicit advice from Council; and (3)
to present new directions proposed to be pursued
by the committee and to receive input by Council
prior to proceeding.
Meetings would be more productive if they are held
in a more informal type setting, as opposed to a
dinner meeting.
If no Member of Council submits agenda items for
discussion, the meeting should be cancelled.
The City Manager pointed out that the problem exists with both the Council
and with the various committees, and both groups should share equally in the
scheduling of meaningful agenda items. She suggested that the Council consider
designating which committees it would like to meet with during the year, the
frequency of meetings, and if issues come up during the year that need to be
addressed, Council could schedule a joint meeting with the appropriate committee.
She further suggested that Council schedule meetings with the City Planning
Commission, the Roanoke Redevelopment and Housing Authority and the School
Board and meet with other committees as issues arise that need to be addressed.
She advised that the 5:00 p.m. time slot may not be the best time to schedule
meetings with the various committees, and asked that Council consider the 9:00 a.m.
to 2:00 p.m. work session as a time for joint meetings. Another alternative offered
by the City Manager was to schedule Council-Appointed boards and commissions
for ten minute annual report presentations before the Council which will also give
Council the opportunity to express appreciation to committee members for their
volunteer work. She called attention to the importance of drawing out and helping
committee members to feel comfortable in knowing that being candid is not
harmful. It was noted by a Member of Council that there are processes for dealing
with "touchy" issues by persons who are trained in the field, and it could be
advantageous to explore the process of creative sharing and problem solving.
Following discussion, it was the consensus of Council to schedule the School
Board, City Planning Commission and the Roanoke Redevelopment and Housing
Authority for joint meetings with Council; as issues arise, meetings can be
scheduled with other Council Appointed committees; and annual reports by
committees could be presented as a part of the Council work session on the first
Monday of each month.
One Member of Council advised that Members of the Alexandria City Council
not only receive $20,000.00 per annum in salary, but each Council Member is
assisted by an aide who works 20 hours per week, and, with the growing demands
on the time of City Council Members, the topic may be worthy of discussion by a
future Council.
DISCUSSION WITH REGARD TO QUARTERLY MEETINGS OF COUNCIL AND
THE ROANOKE COUNTY BOARD OF SUPERVISORS:
The following remarks were offered by the Mayor and Council Members:
Joint meetings should be held only if there is to be
meaningful and productive dialogue and no political
grandstanding.
It would be beneficial to schedule a joint meeting to
discuss the progress of joint staffing of fire stations
and future steps to be taken, joint parks and
recreation efforts, and a regional library system.
If progress is to be made on the above referenced
types of issues, it must start with the two
administrations; therefore, it would be
advantageous for the City Manager and the County
Administrator to work with their respective staffs
and at the appropriate time, City Council and the
Board of Supervisors could hold a joint meeting to
announce results and/or engage in official action.
The City Manager should advise the County
Administrator of the City's interest in meeting with
Roanoke County on specific issues and/or to
celebrate specific accomplishments, and the City
would be interested in hearing any suggestions
offered by the Roanoke County Board of
Supervisors.
It was the consensus of Council that the City Manager will confer with the
Roanoke County Administrator on regional efforts regarding library services, parks
and recreation and fire services.
At 5:15 p.m., the Mayor declared the meeting in recess until Friday,
January 17, 2003, at 12:00 noon, for the Regional Leadership Summit Luncheon, to
be hosted by the City of Roanoke at Center in the Square, One Market Square, S. E.,
Roanoke, Virginia.
RALPH K. SMITH
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W,, ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
February 18, 2003
The Honorable Vice-Mayor and
Members of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended.
Ralph K. Smith
Mayor
RKS:sm
H ~Agenda 03/Closed Session on Vacancle$.wpd
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
February 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Encroachment into Public Right-of-Way -
Parking Spaces at 3308 Franklin Road, S. W.,
Tax No. 1300116
Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public
hearing on the proposed encroachment into public right-of-way. This is to request that a public
hearing be advertised on the above matter for Council's regular meeting to be held on Monday,
March 17, 2003. A full report will be included in the Mamh 17, 2003, agenda material for your
consideration.
DLB/SEF
C.'
Respectfully submitted,
Darlene L. Burcham
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
MINUTES OF GREATER ROANOKE TRANSIT COMPANY AUDIT COMMITTEE
February 3, 2003
1. CALL TO ORDER:
The meeting of the Roanoke City Audit Committee was called to order at 1:17 p.m. on
Monday, February 3, 2003, with Chair, Linda F. Wyatt, presiding.
· The roll was called by Mrs. Powers
Audit Committee
Members Present:
Linda F. Wyatt, Chair
Mayor Ralph K. Smith
Vice-Mayor C. Nelson Harris
William D. Bestpitch
Dr. M. Rubert Cutler
Alfred T. Dowe, Jr.
Others Present:
Drew Harmon, Municipal Auditor
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Ann Shawver, Deputy Director of Finance
David Morgan, General Manager, GRTC
Chip Holdren, Asst. General Manager, GRTC
Chris Slone, Public Information Officer
T. Douglas McQuade, KPMG
R. James Barker, KPMG
Mike Tuck, Assistant Municipal Auditor
Pamela Mosdell, Senior Auditor
Kevin Nicholson, Senior Auditor
Brian Garber, Senior Auditor
Evelyn Powers, Administrative Assistant
2. BRIEFING KPMG FINANCIAL AUDIT REPORTS:
A. Status of annual financial audit
Mrs. Wyatt recognized Mr. McQuade for comments. Mr. McQuade said that they have
substantially completed all audit procedures and financial statements. The reports have
not been released due to changes to GRTC's retirement plan. Mr. McQuade said that
certain administrative procedures should have taken place with the employees before
GRTC made the changes to their retirement plan. Mr. McQuade said that KPMG has
received a letter from GRTC's attorney stating the actions that need to take place to
make the changes legal. Mr. Morgan stated that GRTC changed their retirement plan
from a post tax to a pre tax, and that GRTC is now in the process of allowing the
Audit Committee Minutes Page 2
employees to take the cash value out of the o~d plan, roll the cash value over into their
own IRA account, or transfer the value into the new plan, as required by IRS tax code.
KPMG is awaiting resolution of the actions before releasing an opinion an(] the financial
statements. There were no further questions.
3. UNFINISHED BUSINESS:
There was no unfinished business to come before the Committee.
4. NEW BUSINESS:
There was no new business to come before the Committee.
6. ADJOURNMENT:
There being no further business, the meeting was adjourned at 1:28 p.m.
Linda F. Wyatt, Chair
MINUTES OF ROANOKE CITY AUDIT COMMITTEE
February 3, 2003
1. CALL TO ORDER:
The meeting of the Roanoke City Audit Committee was called to order at 1:16 p.m. on
Monday, February 3, 2003, with Chair, Linda F. Wyatt, presiding.
· The roll was called by Mrs. Powers
Audit Committee
Members Present:
Linda F. Wyatt, Chair
Mayor Ralph K. Smith
William D. Bestpitch
Dr. M. Rubert Cutler
Alfred T. Dowe, Jr.
Others Present:
Draw Harmon, Municipal Auditor
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Ann Shawver, Deputy Director of Finance
David Morgan, General Manager, GRTC
Chip Holdren, Asst. General Manager, GRTC
Chris Slone, Public Information Officer
T. Douglas McQuade, KPMG
R. James Barker, KPMG
Mike Tuck, Assistant Municipal Auditor
Pamela Mosdell, Senior Auditor
Kevin Nicholson, Senior Auditor
Brian Garber, Senior Auditor
Evelyn Powers, Administrative Assistant
2. FINANCIAL KPMG AUDIT REPORTS - JUNE 30, 2002:
B.
C.
D.
City of Roanoke Letter of Recommendations on Proceduras and Controls
City of Roanoke Report to the Audit Committee
City of Roanoke Pension Plan Letter to the Pension Committee
City of Roanoke Report of Agreed-Upon Procedures for Enhanced E-911
Service Taxes
City of Roanoke Independent Accountant's Report on Applying Agreed-Upon
Procedures
Mrs. Wyatt ordered that the financial KPMG audit reports be received and filed. There
were no objections to the order. Mrs. Wyatt recognized Mr. McQuade for comments.
Mr. McQuade said that the management letter comment was accounting in nature. He
Audit Committee Minutes Page 2
said that the City has been reporting money from third parties as "recovered costs,"
instead of revenue. Mr. McQuade states that GASB 34 clarifies how money from third
parties should be reported as revenue versus recovered costs. Therefore, KPMG
recommends that the City amend its current accounting policy. Mr. Hall, Director of
Finance agreed with the recommendation and stated that they are prepared to make the
changes to comply with GASB 34.
3. INTERNAL AUDIT REPORT:
A. Cellular Telephones
Mrs. Wyatt ordered that the internal audit report be received and filed. There were no
objections to the order. Mrs. Wyatt recognized Mr. Harmon for comments. Mr. Harmon
reported that Pamela Mosdell was the in-charge auditor and that any questions from the
Committee were welcome. There were no questions from the Committee.
4. UNFINISHED BUSINESS:
There was no unfinished business to come before the Committee.
5. NEW BUSINESS:
Mrs. Wyatt reported that she had contacted Radford University regarding the possibility
of the internal audit department obtaining a student for a summer internship at no cost
to the City. Mrs. Wyatt also mentioned that if this works out, the City Manager might
want to look at the possibility of a summer internship through Radford University.
6. ADJOURNMENT:
There being no further business, the meeting was adjourned at 1:24 p.m.
Linda F. Wyatt, Chair
WILLIAM M. HACKWORTH
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-243 I
FAX: 540-853q 221
EMAIL: cityatty@ci.roanoke.va.us
February l8,2003
ELIZABETH K. DILLON
STEVENJ. TALEVI
GARY E. TEGENKAMp
DAVID L. COLLINS
HEATHERP. FERGUSON
ASSISTANT C~Y A~ORNEys
WMH:f
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Smith and Council Members:
This is to request that City Council convene a closed meeting to discuss the disposition of
publicly-owned property pursuant to {}2.2 -3711 .A.3, Code of Virginia (1950), as amended.
Sincerely,
William M. Hackworth
City Attorney
CC:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
WILLIAM M. HACK%VORTH
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHOHE: 540-853-2431
FAX: 540-853-1221
EMAIL: cltyat~y~ci.~anoke.va.us
ELIZABETH K. DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
February l8, 2003
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Smith and Council Members:
This is to request that City Council convene a closed meeting for consultation with
legal counsel regarding a specific legal matter requiring the provision of legal advice by such
counsel, pursuant to §2.2-3711.A.7, Code of Virginia (1950), as amended.
With kindest personal regards, I am
Sincerely yours,
WMH:f
William M. Hackworth
City Attorney
CC:
Darlene L. Burcham, City Manager
Mary F. Parker, City Clerk
H:\COUNCIL\l-hmcloslegalad~iceA(7).021803,doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOIO*.
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: cietk@ci.roanoke.va, us
February 21, 2003
File #216
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Alison S. Blanton, President
Roanoke Valley Preservation Foundation
P. O. Box 1558
Roanoke, Virginia 24007
Charles H. Osterhoudt, Attorney
Osterhoudt, Prillaman, Natt, Helscher,
Yost, Maxwell and Ferguson, P.L.C.
P. O. Box 20487
Roanoke, Virginia 24018-0049
Dear Ms. Blanton and Mr. Osterhoudt:
A request of the Roanoke Valley Preservation Foundation for endorsement by Council of
a resolution recognizing the architectural and historic significance of the Fairacres property,
2713 Avenham Avenue, S. W., was before the Council of the City of Roanoke at a regular
meeting which was held on Tuesday, February 18, 2003.
Consideration of the matter was deferred until the regular meeting of Council on Monday,
March 3, 2003, at 2:00 p.m.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Dadene L. Burcham, City Manager
H:~Agenda.03\Febmary 18, 2003 cor~espondence.wpd
FEB-18-~00G 1~:54 OSTERHOUDT PRILL~M~N N~TT 5~0 ??~ 01~6 P.O~
Phone: ($40) 725-$185
(fi40) 772-0126
February 18, 2003
VIA FACSIMILE - 853-1140
Honorable Mayor mid Members
Roanoke City Council
Attn: City Clerk
Dear Mayor and Members:
I write as attorney for the Roanoke Com~cil of Garden Clubs, he., the owner of property
located at 2713 Avenham Avenue, SW in tho City of Roanoke, Virginia. This property is
sometimes known as "Falracres". The Council has learned, through a newspaper article, that an
organization apparently known as "The Roanoke Valley Preservation Foundation" will ask
Roanoke City Council today to recognize the historical significance of the described property.
If Council is to entertain consideration of such an action, the owner would ask that the
matter be deferred and that it, as the owner, receive notice of when such a matter will be
considered.
I am confident that City Council's se~se of fair play and due process will insure that this
matter will not be considered without betty- public notice.
Very truly yours,
OSTEr, PRILLAMAN, NATT, HELSCHER,
USON, PLC
Charl~
CHO/dle
pc: Maureen Hurst
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
February18, 2003
Council Members:
William D. Bestpitch
William H. Carder
M. Rupert Cutler
Alfred T. Dowe, Jr.
C. Nelson Harris
Linda F. Wyatl
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
We jointly sponsor a request of the Roanoke Valley Preservation Foundation for
endorsement by Council of a resolution recognizing the architectural and historic
significance of the Fairacres property located at 2713 Avenham Avenue, S. W., at the
regular meeting of City Council on Tuesday, February 18, 2003, at 2:00 p.m.
Sincerely,
William D. Bestpitch
Council Member
Council Member
WDB:WHC:sm
pc: Darlene L. Burcham, City Manager
02/11/03 TUE 16:09 FAX 540 345 5625 HILL STUDIO ~001
ROANOKE
VAT,L1Of
PRESERVATION
February 11, 2003
Ms. Mary F. Parker
Clerk
Roanoke City Council
215 Church Avenue, S.W.
Room 456
Roanoke, VA 24011
RE: Fairacres
Dear Ms. Parker:
The Roanoke Valley Preservation Foundation requests to De placed on the agenda of the
Roanoke City Council meeting scheduled for 2:00 Tuesda ¥, February 18, 2003 under
Petitions and Commumcat~ons. ' We are requesting Cou ~cil's endorsement of a
resolution recognizing the architectural and historic signif.cance of the Fairacres property
at 2713 Avenham Avenue, S.W. in the City of Roanoke. ,2ouncil members Bill Bestpitch
and Bill Carder have agreed to endorse this request, i wi[ forward a copy of the
res.olution tomorrow to be included in the Council packets. Thank you for your
assistance.
Sincerely,
Alison S. Blanton
P.O. Box 1558 · Roanoke, Virginia 24007
02/13/03
THU 10:13 FAX 540 345 5625
HILL STUDIO
~002
A RESOLUTION PRESENTED BY THE ROANOKE V ~LLEY PRESERVATION
FOUNDATION IN RECOGNITION OF THE SIONIFIC axNCE OF FAIRACRES
To be presented to the Roanoke City Council on February 18, 2003
WHEREAS the Roanoke Valley Preservation Foundation was founded in 1985 as a
valley-wide non-profit preservation organization for the p~ trpose of promoting the
preservation of the historic, natural, and cultural resource~ of the Roanoke Valley; and
WHEREAS the goals of the Foundation are to promote an awareness of and appreciation
for our significam resources, encourage their protection, p ~ovide technical assistance to
achieve their protection, and develop broad-based cow. mu: dry support for their
preservation; and
WHEREAS the property known as Fairacres at 2713 Ave~ ham Avenue, S.W. in the City
of Roanoke was constructed in 1912 by William C. Steph~ nson, Sr., a founding citizen of
the City and prominent business leader who promoted the levelopment of Roanoke in the
early 20t~ century; and
WHEREAS the Virginia Department of I-listoric Resource ~ determined Falracres eligible
for listing on the Virginia Landmarks Register and the Nat onal Register of Historic
Places in recognition of its significance in architecture, lan Jseaping, and history as it
relates to the Stephenson family and their role in the early 4evelopment of Roanoke, and
WHEREAS the Foundation recognized Falracres as a sign~ ficant resource in the Roanoke
Valley that was threatened with demolition by its inclusion in our 2002 Endangered Sites
List;
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
A RESOLUTION recognizing the architectural and historic significance of the
Fairacres property.
WHEREAS, the Roanoke Valley Preservation Foundation was founded in 1985 as a
valley-wide non-profit preservation organization for the purpose of promoting the
preservation of the historic, natural, and cultural resources of the Roanoke Valley;
WHEREAS, the goals of the Foundation are to promote an awareness of and
appreciation for our significant resources, encourage their protection, provide technical
assistance to achieve their protection, and develop broad-based community support for their
preservation;
WHEREAS, the property known as Fairacres at 2713 Avenham Avenue, S.W., in the
City of Roanoke was constructed in 1912 by William C. Stephenson, Sr., a founding citizen
of the City and prominent business leader who promoted the development of Roanoke in the
early 20tl~ century;
WHEREAS, the Virginia Department of Historic Resources determined Fairacres to
be eligible for listing on the Virginia Landmarks Register and the National Register of
Historic Places in recognition of its significance in architecture, landscaping, and history as it
relates to the Stephenson family and their role in the early development of Roanoke;
H:/IKE S O LIJTI ON S\ R. FAI RACRES021803 DOC
WHEREAS, the Foundation has recognized Fairacres as a significant resource in the
Roanoke Valley, but threatened with demolition, by its inclusion in its 2002 Endangered Sites
List; and
WHEREAS, Council desires to join the Foundation in recognizing the architectural
and historic significance of the Fairacres property.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Council hereby joins the Roanoke Valley Preservation Foundation in recognizing the
architectural and historic significance of the Fairacres property.
ATTEST:
City Clerk.
H \RESOLUTIONS/R FAIRACRES021803 DOC
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.ro~no.kegov.com~ .....
i-eoruary 1u, zuu~
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Status Report: Affirmative Action
And Diversity Initiatives for
Calendar Year 2002
Background:
As one of the largest public employers in the Roanoke Valley, it is important for
the City of Roanoke to encourage participation in all employment processes
among the diverse population that it serves. With this goal in mind, we are
focusing on two diversity related initiatives: increasing the diversity of our
workfome and developing the knowledge and skill base needed for success in a
diverse work environment. Our success in accomplishing these initiatives will
make us to be a better organization and ultimately help us to reach the strategic
goals set by City Council.
Efforts at increasing workfome diversity are based on a broad and focused
recruitment program. We continue to forge relationships and develop
partnerships between City staff, EEO/civil rights organizations, colleges and
universities, sororities, fraternities and other groups interested in diversity. I am
pleased to report that progress has been made in this area.
Three years ago, four departments under the direction of the City Manager did
not employ any persons of color. Now, all departments under the direction of the
City Manager employ persons of color. Persons of color have been employed in
two key management positions in the past year: Director of General Services and
Acting Director of Housing and Neighborhood Services. These hiring decisions,
coupled with the appointments made in other key positions during the past three
years, clearly indicate the organization's commitment to hiring the most qualified
person for the position from a diverse pool of candidates. (For total employment
by department and EEO Categories as of December 31,2002 see Attachment 1
and 1 .a.).
As noted in last year's report, successful implementation of our diversity effort will
be based on increasing "diversity capacity" which involves how we treat fellow
employees and citizens. It is about understanding and embracing differences,
talents and perspectives that are unique. Toward this end, the Human Resources
staff has undertaken a number of initiatives to increase diversity capacity. First
and foremost, all full time employees have received a day long diversity training
session. This important program introduces employees to the subject of diversity
and asks participants to carefully evaluate issues of discrimination, differences
and commonalities with a focus on building improved relationships. Other training
efforts were part of our "Brown Bag, Lunch and Learn" series including a session
on working in a multi-generational workforce and the importance of including
diversity in developing teams.
Workforce Demographics
Employment data for 2002 shows that 50 of the 195 new hires (25.6 percent) and
17 of the 86 promoted (19.7 percent) were people of color. While this information
is not substantially different from last year, 23.4 percent and 25.6 percent
respectively, it is important to note that we have doubled (from 5 to 10) the
number of new hires who are persons of color in the protective service category.
This is still not where we want to be but it is clearly a step in the right direction.
Police, Sheriff and Fire/EMS represent 28 percent of our workforce and each of
these departments have promotional systems that are substantially closed to
outside candidates (as is the case with most comprehensive public safety
departments nationally); therefore, if we are to increase the number of women
and people of color substantially in these departments, we must do it at the entry
level. We are committed to this effort and we will continue to refine our recruiting
methods to accomplish our objective. New hires and promotions are detailed by
category and department in Attachments 2 and 2.a.
Outreach Recruitment
In May 2002 the Department of Human Resources, in partnership with the
Roanoke Branch of the NAACP, sponsored a second Recruitment Day. Out of
the 66 attendees, three were ultimately hired. During the event, City staff was
available to discuss employment opportunities and to provide advice about
resume preparation. While we would like to see more people participate and be
hired, we believe that this event will gain momentum and be successful over the
long term. Moreover, this event also provides an opportunity for the NAACP and
City staff to continue progressive dialog resulting in improved community
relations.
Through the Human Resources Recruiter and our contacts with the NAACP, we
are developing more avenues to seek out minority applicants. This year we
established relations with Danville Community College, Patrick Henry Community
College and North Carolina A&T through on-site visits using staffs from multiple
depadments. We also participated in a Technology Job Fair in Richmond that
was part of the Mid-Eas(ern Athletic Conference (MEAC) basketball tournament.
(The MEAC represents a cross section of historically black colleges and
universities). Human Resources also contracted with the Hodes Group, a Human
Resources advertising consultant, to develop improved methods to attract a more
diverse applicant pool.
The Employee Development Program (EDP), which was implemented during
2001, continues to offer the most promise to help existing employees improve
their skills and to advance within the organization. This program incorporates skill
assessment, education planning and career counseling. Supporting events
included presentations from colleges that have adult degree and accelerated
degree programs; coordinated one-on-one meetings between participants and
department leaders; and presentations by departments regarding career
opportunities. During 2002, the EDP increased from 56 to 87 participants. Of that
number, 64 percent are female and 40 percent are people of color compared to
63 percent and 27 percent, respectively, last year. Currently, 11 participants are
in formal education programs, 8 attended the Foundations for Leadership
Excellence Program and 26 have completed formal development plans.
Staff members from Fire/EMS, Police, the Sheriff's office and Human Resources
continue to recruit candidates of color and women at military installations and
historically black colleges and universities. On-site tests are conducted, when
possible, and overnight accommodations are provided to military candidates who
come to Roanoke to test. Public Safety recruitment activities outside of the
Roanoke Valley will focus in south-central and southwestern Virginia as well as
other economically depressed areas in surrounding states. Military base
recruitment will likely slow down due to the potential conflict in the Middle East
resulting in less available candidates.
The City of Roanoke continues to co-sponsor This Valley Works Job Fair held
every spring at the Roanoke Civic Center. More than 3,400 job applicants
attended the fair last year. Our internship program continues to attract high-
caliber rising college seniors. Eleven interns were hired last year. Of that number
five were persons of color. As part of this program we have forged relationships
with the civil engineering programs at Virginia Tech and North Carolina A&T in an
effort to place women or persons of color in either a cooperative education
arrangement or an internship.
Recruitment initiatives will continue to emphasize building relations with local
groups interested in workforce diversity. In addition to the NAACP,
representatives from the National Conference for Community and Justice, the
Roanoke Regional Refugee Immigration Services office and Pearl Fu have
participated in City sponsored diversity events and training.
Next Steps
Clearly, we are making headway in the area of increasing diversity capacity but
we need to take the next step, changing diversity capacity from a training or a
career development program offered by Human Resources into "diversity: the
way that we do business." In a practical sense, we plan to change ownership of
diversity from Human Resources to an internal Leadership Diversity Advisory
Group. Taking this next step is the way that we plan to make diversity truly part of
the City's organizational culture. This effort has already begun. The City's
Leadership Team has embraced a new leadership philosophy that specifically
incorporates the concept of diversity. This group will also have responsibility for
evaluating responses related to diversity on the employee survey conducted by
Virginia Tech during the latter part of February. Using survey data as a starting
point, the group will work to understand individual and departmental impediments
related to diversity, advise training staff, Human Resources and the City Manager
concerning diversity programs and policies.
In order to improve the City's ability to recruit more women and people of color,
particularly in public safety positions, we will continue to refine our efforts to
attract more women and minorities. Using the ideas from an advertising
company, coupled with strategies to recruit at different venues, we intend to
attract more women and people of color to City employment opportunities.
In conclusion, I believe that we have devised a sound diversity strategy and we
are headed in the right direction, particularly in the area of increasing diversity
capacity. We have not been as successful as I had hoped in regard to hiring
more people of color, yet I understand our own hiring slowdown and a general
attitude of "hunkering down" among potential candidates exists in the hiring
marketplace today. We must, therefore, continue in every way possible to attract
a diverse pool of candidates for City positions.
Respectfully Submitted,
Darlene L. Burcham
City Manager
DLB:kc
C~
Jesse A, Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Kenneth S. Cronin, Director of Human Resources
CM03-00030
CITY OF ROANOKE
WORKFORCE ANALYSIS
by Number of Employees
December 31, 2002
Attachment 1
OCCUPATIONAL CATEGORY TOTAL
OFFICIALS/MANAGERS 32
PROFESSIONALS 353
TECHNICIANS 322
PROTECTIVE SERVICE 538
PARA-PROFESSIONAL 67
CLERICAL 196
SKILLED CRAFT 132
SERVICE/MAINTENANCE 251
TOTAL 1891
TOTAL PERCENTAGES 100.0%
OCCUPATIONAL CATEGORY TOTAL
OFFICIALS/MANAGERS
PROFESSIONALS
TECHNICIANS
PROTECTIVE SERVICE
PARA-PROFESSIONAL 70
CLERICAL 214
SKILLED CRAFT 130
SERVICE/MAINTENANCE 273
TOTAL NUMBER 1926
TOTAL PERCENTAGES 100.0%
WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
21 4 0 5 2 0
107 14 3 165 61 3
196 21 3 76 26 0
420 56 4 42 14 2
19 7 0 21 20 0
6 5 0 137 47 1
91 39 0 2 0 0
127 99 4 14 7 0
987 245 14 462 177 6
52.2% 13.0% 0.7% 24.4% 9.4% 0.3%
CITY OF ROA'NOKE
WORKFORCE ANALYSIS
by Number of Employees
December 31,2001
WHITE BLACK OTHER VVHITE
MALES MALES MALES FEMALES
34 22 3 0 7
356 119 15 4 159
317 197 19 4 77
532 416 51 5 44
21 7 0 22
6 4 0 150
88 41 0 1
137 107 5 15
1006 247 18 475
52.2% 12.8% 0.9% 24.7%
BLACK OTHER
FEMALES FEMALES
2 0
57 2
20 0
14 2
20 0
53 1
0 0
9 0
175 5
9.1% 0.3%
CITY OF ROANOKE
WORKFORCE ANALYSIS
by Category and Percent
December 31, 2002
Attachment 1 - Page 2
OCCUPATIONAL CATEGORY TOTAL VVHITE BLACK
MALES MALES
QFFICIALS/MANAGERS 100.0% 65.6% 12.5%
PROFESSIONALS 100.0% 30.3% 4.0%
TECHNICIANS 100.0% 60.9% 6.5%
PROTECTIVE SERVICE 100.0% 78.1% 10.4%
PARA-PROFESSIONAL 100.0% 28.4% 10.4%
CLERICAL 100.0% 3.1% 2.6%
SKILLED CRAFT 100.0% 68.9% 29.5%
SERVICE/MAINTENANCE 100.0% 50.6% 39.4%
TOTAL PERCENTAGES 100.0% 52.2% 13.0%
OTHER WHITE BLACK OTHER
MALES FEMALES FEMALES FEMALES
0.0% 15.6% 6.3% 0.0%
0.8% 46.7% 17.3% 0.8%
0.9% 23.6% 8.1% 0.0%
0.7% 7.8% 2.6% 0.4%
0.0% 31.3% 29~9% 0.0%
0.0% 69.9% 24.0% 0.5%
0.0% 1.5% 0.0% 0.0%
1.6% 5.6% 2.8% 0.0%
0.7% 24.4% 9.4% 0.3%
OCCUPATIONALCATEGORY TOTAL
OFFICIALS/MANAGERS 100.0%
PROFESSIONALS 100.0%
TECHNICIANS 100.0%
PROTECTIVE SERVICE 100.0%
PARA-PROFESSIONAL 100.0%
CLERICAL 100.0%
SKILLED CRAFT 100.0%
SERVICE/MAINTENANCE 100.0%
TOTAL PERCENTAGES 100.0%
CITY OF ROANOKE
WORKFORCE ANALYSIS
by Category and Percent
December 31,2001
WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
64.7% 8.8% 0.0% 20.6% 5.9% 0.0%
33.4% 4.2% 1.1% 44.7% 16.0% 0.6%
62.1% 6.0% 1.3% 24.3% 6.3% 0.0%
78.2% 9.6% 0.9% 8.3% 2.6% 0.4%
30.0% 10.0% 0.0% 31.4% 28.6% 0.0%
2.8% 1.9% 0.0% 70.1% 24.8% 0.5%
67.7% 31.5% 0.0% 0.8% 0.0% 0.0%
50.2% 39.2% 1.8% 5.5% 3.3% 0.0%
52.2% 12.8% 0.9% 24.7% 9.1% 0.3%
OCCUPATIONAL CATEGORY TOTAL
CITY OF ROANOKE
NEW HIRE ANALYSIS
by Number of Employees
December31,2002
Attachment 2
WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
OFFICIALS/MANAGERS 5 4 1 0 0 0 0
PROFESSIONALS 42 6 2 0 24 9 1
TECHNICIANS 25 11 0 0 9 4 1
PROTECTIVE SERVICE 55 39 10 0 6 0 0
PARA-PROFESSIONAL 6 1 0 0 3 2 0
CLERICAL 17 1 1 0 13 2 0
SKILLED CRAFT 8 6 2 0 0 0 0
SERVICE/MAINTENANCE 37 19 14 0 3 1 0
TOTAL NUMBER 195 87 30 0 58 18 2
TOTAL PERCENTAGES 100.00% 44.60% 15.40% 0.00% 29.70% 9.20% 1.00%
OCCUPATIONAL CATEGORY
OFFICIALS/MANAGERS
PROFESSIONALS
TECHNICIANS
PROTECTIVE SERVICE
PARA-PROFESSIONAL
CLERICAL
SKILLED CRAFT
SERVICE/MAINTENANCE
TOTAL NUMBER
TOTAL PERCENTAGES
CITY OF ROANOKE
NEW HIRE ANALYSIS
by Number of Employees
December31,2001
TOTAL WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
2 1 0 0 0 1 0
53 7 3 0 33 10 0
33 18 2 0 11 2 0
63 53 5 0 5 0 0
9 0 2 0 4 3 0
30 0 1 0 18 11 0
7 6 1 0 0 0 0
50 29 16 1 4 0 0
247 114 30 1 75 27 0
100.00% 46.20% 12.10% 0.40% 30.40% 10.90% 0.00%
OCCUPATIONAL CATEGORY TOTAL
OFFICIALS/MANAGERS 100.0%
PROFESSIONALS 100.0%
TECHNICIANS 100.0%
PROTECTIVE SERVICE 100.0%
PARA-PROFESSIONAL 100.0%
CLERICAL 100.0%
SKILLED CRAFT 100.0%
SERVICE/MAINTENANCE 100.0%
TOTAL NUMBER 195
TOTAL PERCENTAGES 100.0%
CITY OF ROANOKE
NEW HIRE ANALYSIS
by Category and Percent
December 31, 2002
Attachment 2 - Page 2
WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
80.0% 20.0% 0.0% 0.0% 0.0% 0.0%
14.3% 4.8% 0.0% 57.1% 21.4% 2.4%
44.0% 0.0% 0.0% 36.0% 16.0% 4.0%
70.9% 18.2% 0.0% 10.9% 0.0% 0.0%
16.7% 0.0% 0.0% 50.0% 33.3% 0.0%
5.9% 5.9% 0.0% 76.5% 11.8% 0.0%
75.0% 25.0% 0.0% 0.0% 0.0% 0.0%
51.4% 37.8% 0.0% 8.1% 2.7% 0.0%
87 58 30 18 0 2
44.6% 29.7% 15.4% 9.2% 0.0% 1.0%
OCCUPATIONAL CATEGORY TOTAL
OFFICIALS/MANAGERS 100.0%
PROFESSIONALS 100.0%
TECHNICIANS 100.0%
PROTECTIVE SERVICE 100.0%
PARA-PROFESSIONAL 100.0%
CLERICAL 100.0%
SKILLED CRAFT 100.0%
SERVICE/MAINTENANCE 100.0%
TOTAL NUMBER 247
TOTAL PERCENTAGES 100.0%
CITY OF ROANOKE
NEW HIRE ANALYSIS
by Category and Percent
December 31, 2001
WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
50.0% 0.0% 0.0% 0.0% 50.0% 0.0%
13.2% 5.7% 0.0% 62.3% 18.9% 0.0%
54.5% 6.1% 0.0% 33.3% 6.1% 0.0%
84.1% 7.9% 0.0% 7.9% 0.0% 0.0%
0.0% 22.2% 0.0% 44.4% 33.3% 0.0%
0.0% 3.3% 0.0% 60.0% 36.7% 0.0%
85.7% 14.3% 0.0% 0.0% 0.0% 0.0%
58.0% 32.0% 2.0% 8.0% 0.0% 0.0%
114 30 1 75 27 0
46.2% 12.1% 0.4% 30.4% 10.9% 0.0%
OCCUPATIONAL CATEGORY TOTAL
OFFICIALS/MANAGERS
PROFESSIONALS
TECHNICIANS
PROTECTIVE SERVICE
PARA-PROFESSIONAL 3
CLERICAL 7
SKILLED CRAFT 15
SERVICE/MAINTENANCE 15
TOTAL NUMBER 86
TOTAL PERCENTAGES 100.0%
CITY OF ROANOKE
PROMOTION ANALYSIS
by Number of Employees
December 31, 2002
WHITE
MALES
2
18
21
5
Attachment 2 - Page 3
BLACK OTHER WHITE BLACK OTHER
MALES MALES FEMALES FEMALES FEMALES
I 0 0 I 0 0
7 0 0 10 1 0
7 3 0 9 2 0
3 2 0 0 0 0
0 0 0 I 2 0
0 0 0 6 1 0
11 2 1 I 0 0
10 3 0 2 0 0
39 10 1 30 6 0
45.3% 11.6% 1.2% 34.9% 7.0% 0.0%
OCCUPATIONAL CATEGORY TOTAL
OFFICIALS/MANAGERS
PROFESSIONALS
TECHNICIANS
PROTECTIVE SERVICE
PARA-PROFESSIONAL 1
CLERICAL 9
SKILLED CRAFT 6
SERVICE/MAINTENANCE 8
TOTAL NUMBER 82
TOTAL PERCENTAGES 100.0%
CITY OF ROANOKE
PROMOTION ANALYSIS
by Number of Employees
December 31,2001
WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
1 I 0 0 0 0 0
27 9 3 1 10 4 0
20 14 0 0 5 1 0
10 6 3 0 I 0 0
1 0 0 0 0 0
0 0 0 7 2 0
3 3 0 0 0 0
4 3 0 0 1 0
38 12 1 23 8 0
46.3% 14.6% 1.2% 28.0% 9.8% 0.0%
OCCUPATIONAL CATEGORY TOTAL
OFFICIALS/MANAGERS 100.0%
PROFESSIONALS 100.0%
TECHNICIANS 100.0%
PROTECTIVE SERVICE 100.0%
PARA-PROFESSIONAL 100.0%
CLERICAL 100.0%
SKILLED CRAFT 100.0%
SERVICE/MAINTENANCE 100.0%
TOTAL NUMBER 86
TOTAL PERCENTAGES 100.0%
CITY OF ROANOKE
PROMOTION ANALYSIS
by Category and Percent
December 31, 2002
Affachment2-Page4
WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
50.0% 0.0% 0.0% 50.0% 0.0% 0.0%
38.9% 0.0% 0.0% 55.6% 5.6% 0.0%
33.3% 14.3% 0.0% 42.9% 9.5% 0.0%
60.0% 40.0% 0.0% 0.0% 0.0% 0.0%
0.0% 0.0% 0.0% 33.3% 66.7% 0.0%
0.0% 0.0% 0.0% 85.7% 14.3% 0.0%
73.3% 13.3% 6.7% 6.7% 0.0% 0.0%
66.7% 20.0% 0.0% 13.3% 0.0% 0.0%
39 10 1 30 6 0
45.3% 11.6% 1.2% 34.9% 7.0% 0.0%
OCCUPATIONAL CATEGORY TOTAL
OFFICIALS/MANAGERS 100.0%
PROFESSIONALS 100.0%
TECHNICIANS 100.0%
PROTECTIVE SERVICE 100.0%
pARA-PROFESSIONAL 100.0%
CLERICAL 100.0%
SKILLED CRAFT 100.0%
SERVICE/MAINTENANCE 100.0%
TOTAL NUMBER 82
TOTAL PERCENTAGES 100.0%
CITY OF ROANOKE
PROMOTION ANALYSIS
by Category and Percent
December31,2001
WHITE BLACK OTHER WHITE BLACK OTHER
MALES MALES MALES FEMALES FEMALES FEMALES
100.0% 0.0% 0.0% 0.0% 0.0% 0.0%
33.3% 11.1% 3.7% 37.0% 14.8% 0.0%
70.0% 0.0% 0.0% 25.0% 5.0% 0.0%
60.0% 30.0% 0.0% 10.0% 0.0% 0.0%
100.0% 0.0% 0.0% 0.0% 0.0% 0.0%
0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
50.0% 50.0% 0.0% 0.0% 0.0% 0.0%
50.0% 37.5% 0.0% 0.0% 12.5% 0.0%
38 12 1 23 8 0
46.3% 14.6% 1.2% 28.0% 9.8% 0.0%
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
February 18, 2003
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject:
Adopt a Council Resolution to
Correct Workers' Compensation
Supplemental Pay Inequities
CM03-0031
This is to request space on Council's regular agenda for a report on the above
referenced subject.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:sm
c: City Attorney
City Clerk
Director of Finance
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 21, 2003
File #289-555
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burnham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36237-021803 directing amendment of the Fee
Compendium to establish the fee for outdoor dining permits to be $3.25 per square foot
of space for calendar year 2003; and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, February 18, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
David A. Diaz, President, Downtown Roanoke, Inc., 213 Market Street, S. W.,
Roanoke, Virginia 24011
Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director, Economic Development
H:~genda.03\February 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of February, 2003.
No. 36237-021803.
AN ORDINANCE directing amendment of the Fee Compendium to establish the
fee for outdoor dining permits for calendar year 2003; and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke, as follows:
1. The Fee Compendium of the City, maintained by the Director of Finance
and authorized and approved by City Council by Resolution No. 32412-032795, adopted
March 27, 1995, effective as of that date, as amended, shall be amended to establish the
outdoor dining permit fee to be $3.25 per square foot of space permitted by the City
Manager for calendar year 2003, with the permit fee for calendar year 2004 to be
reconsidered and established by City Council at a later date as it deems appropriate, as set
forth in the letter dated February 18, 2003, from the City Manager to this Council.
2. Pursuant to §12 of the City Charter, the second reading of this ordinance by
title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 8532333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
February 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Outdoor Dining - Fees
Background:
On April 1, 2002 City Council adopted Ordinance No. 35792-040102 to provide for an outdoor
dining permit program and amended the Fee Compendium. The fees per square foot of area
approved for outdoor dining were as follows: $6.50 per square foot for 2002; $7.00 per square
foot for 2003; and $8.00 per square foot for 2004. Concerns about the fee structure limited
applicants' interest in applying for an outdoor dining permit and were addressed when City
Council reduced the fees to $3.25 per square foot in Ordinance No. 35943-061702
June 17, 2002. In an effort to again provide an incentive for restaurants to apply for outdoor
dining permits, a reduction in fees for calendar year 2003 is recommended.
Recommendation:
City Council amend the Fee Compendium so that the original fee of $7.00 per square foot is
reduced to $3.25 per square foot for calendar year 2003, with a minimum three-month
commitment from the applicant, with the permit fee for calendar year 2004 being reconsidered
and established by City Council at a later date as it deems appropriate.
Respectfully submitted,
City Manager
DLB/RKB/gpe
C:
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
David Diaz, President, DRI
CM03-00032
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 21, 2003
File #20-60-77
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36238-021803 amending and reordaining certain
sections of the 2002-03 Capital Projects Fund Appropriations, providing for appropriation
of $100,000.00, in connection with the Elm Avenue and Interstate 581 Intemhange study;
and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, February 18, 2003, and is in full force and
effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Robert K. Bengtson, Director, Public Works
Kenneth H. King, Jr., Manager, Streets and Traffic
Barry L. Key, Director, Office of Management and Budget
HSAgenda.03\February 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of February, 2003.
No. 36238-021803.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Capital Projects Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Capital Projects Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Streets and Bridges $ 26,114,907
Elm Avenue and 1-581 Interchange Study (1) ......................................... 100,000
Capital Improvement Revenue $ 415,749
Capital Improvement Reserve (2) ........................................................... 415,749
1) Appropriated from
General Revenue (008-530-9813-9003) $ 100,000
2) Streets and Bridges (008-052-9575-9181) (100,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: w~w.roanokegov.com
February 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Elm Avenue and 1-581
Interchange Study
Over the past two years, representatives from both the City of Roanoke and the Virginia
Department of Transportation (VDOT) have met to evaluate how to best provide access
to the planned Riverside Centre for Research and Technology (RCRT) which includes
the Carilion Bio-Medical Institute. Roanoke's proposed solution to providing this access
was an off-ramp from southbound US 220 that intersected at Jefferson Street and
Reserve Avenue, with a corresponding northbound on-ramp from that point to US 220.
In the summer of 2002, VDOT shared with Roanoke its analysis of how these ramps
would relate to the proposed 1-73 interchange at 1581/US220. VDOT's analysis
concluded that Roanoke's access plan could not be recommended for construction
based upon problems with interchange spacing, cost, and phasing. Consequently,
VDOT developed other alternatives such as a smaller more direct connection to US 220
from Franklin Road, which was recently shared with City Council. VDOT is also now
evaluating the potential modification of the existing Wonju Street interchange to
enhance the access to RCRT.
A Member of City Council suggested we revisit the issues involving the interchange at
Elm Avenue and its connection with Williamson Road and Jefferson Street to serve as a
primary access to RCRT. An evaluation of this interchange should include the
identification of the likely interchange design that will be needed in the long range future
and consider potential interim modifications that might improve the interchange
operations to meet the current needs of this area. To this end, staff is preparing to
issue requests for proposals from firms that could adequately review these issues and
offer guidance in this regard.
Recommended Action(s):
Appropriate $100,000 from the Streets & Bridges Capital Improvement Reserve (008-
052-9575-9181) into a new account to be entitled Elm Avenue and 1-581 Interchange
Study.
Respectfully submitted,
City Manager
DLB/KHK/gpe
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
Robert K. Bengtson, P.E., Director of Public Works
Kenneth H. King, P.E., Manager, Division of Transportation
CM03-00037
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 21,2003
File #60-410
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36239-021803 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for transfer of $250,000.00,
in connection with snow removal; and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, February 18, 2003, and is in full force and
effect upon its passage.
MFP:mh
Mary F. Parker, CMC
City Clerk
Attachment
pc;
Dadene L. Burcham, City Manager
Robert K. Bengtson, Director, Public Works
Kenneth H. King, Jr., Manager, Streets and Traffic
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03\February 18, 2003 co~respondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of February, 2003.
No. 36239-021803.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
General Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that cedain sections
of the 2002-2003 General Fund Appropriations be, and the same are hereby, amended
and reordained to read as follows, in part:
Appropriations
Public Works
Transportation-Snow Removal (1-6) ......................................................
Transportation-Streets and Traffic (7) ....................................................
Transportation-Engineering and Operations (8) ....................................
Nondepartmental
Contingency-General Fund (9) ..............................................................
1) Overtime Wages
2) FICA
3) Fees For
Professional Services
4) Expendable Equipment
5) Motor Fuels
and Lubricants
6) Chemicals
7) Regular Employee
Salaries
8) Regular Employee
Salaries
9) Contingency
(001-530-4140-1003) $ 59,818
(001-530-4140-1120) 4,576
(001-530-4140-2010) 14,500
(001-530-4140-2035) 15,000
(001-530-4140-2038) 7,808
(001-530-4140-2045) 148,298
(001-530-4110-1002)
(001-530-4160-1002)
(001-300-9410-2199)
(85,OOO)
(50,000)
(115,000)
$ 25,098,485
517,683
3,988,162
1,280,374
$ 75,056,766
1,314,194
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: w'w~v.roanokegov.com
February 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Transfer of Funds
For Snow Removal
Agencies responsible for snow removal operations are experiencing a heavier demand
on snow removal resoumes than in previous years. The Virginia Department of
Transportation (VDOT) recently announced that they had already spent $42 of their
$48 million dollars budgeted for snow removal at the end of January 2003. VDOT is
taking steps to redirect additional funds to support snow removal operations.
Likewise, the City's budgeted amount of $208,328 has been effectively depleted and
salt supplies have been reduced as well. The City's 6,000 ton salt storage has been
reduced to 1,000 tons (moderate storms can require up to 1,000 tons of salt). Another
shipment of an additional 900 tons of salt should be received later this week, but
additional funding is needed to replenish the salt supply and fund other snow removal
expenses. This funding will allow additional salt to be ordered to create a salt stockpile
capable of fighting 2 - 3 moderate storms and will establish sufficient funding to
replenish these supplies if the current trend of winter weather continues. Total funding
for chemicals would allow for the pumhase of up to 2,470 tons of salt based on a
pumhase price of $60 per ton.
Mayor Smith and Members of City Council
February 18, 2003
Page 2 of 2
Recommended Action(s):
Transfer $250,000 from accounts 001-530-4110-1002 ($85,000), 001-530-4160-1002
($50,000) and 001-300-9410-2199 ($115,000) to the Snow Removal Account (001-530-
4140 as follows:
1003 Overtime Wages $ 59,818
1120 FICA $ 4,576
2010 Fees for Professional Services $ 14,500
2035 Expendable Equipment $ 15,000
2038 Motor Fuels & Lubricants $ 7,808
2045 Chemicals $148,298
DLB/KHK/gpe
Respectfully submitted,
Darlene L. Bure'ham
City Manager
C~
Mary F'. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
Robert K. Bengtson, P.E., Director of Public Works
Kenneth H. King, P.E., Manager, Division of Transportation
CM03-00041
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 21,2003
File #60-246
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartrnan
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36240-021803 amending and reordaining certain
sections of the 2002-03 Fifth District Employment and Training Consortium Fund
Appropriations, providing for appropriation of $82,072.00, in connection with the Fifth
District Employment and Training Consortium Welfare to Work Grant from the Virginia
Department of Social Services; and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, February 18, 2003, and is in full force and
effect upon its passage.
MFP:mh
Mary F. Parker, CMC
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Glenn D. Radcliffe, Director, Human/Social Services
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03\February 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of February, 2003.
No. 36240-021803.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Fifth
District Employment and Training Consortium Fund Appropriations, and dispensing with
the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Fifth District Employment and Training Consortium Fund Appropriations be,
and the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Fifth District Employment and Training Consortium
Welfare to Work Grant (1-12) ....................................................................
Revenues
Fifth District Employment and Training Consortium
Welfare to Work Grant (13) .......................................................................
1) Temporary Employees
2) Wages
3) Fringes
4) Travel
5) Communication
6) Supplies
7) Insurance
8) Program Leases
9) Miscellaneous
10) Support Services
11) Training
12) Subsidized Wages
13) Welfare to Work Grant
(034-633-2394-8049) $ 20,250
(034-633-2394-8050) 15,150
(034-633-2394-8051) 3,850
(034-633-2394-8052) 1,250
(034-633-2394-8053) 1,800
(034-633-2394-8055) 1,175
(034-633-2394-8056) 2,250
(034-633-2394-8057) 7,000
(034-633-2394-8060) 3,147
(034-633-2394-8461) 5,500
(034-633-2394-8500) 8,500
(034-633-2394-8502) 12,200
(034-633-2394-2394) 82,072
$ 3,990,244
82,072
$ 3,990,244
82,072
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
February 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Su~e~:
Funding for Fifth District
Employment and Training
Consortium Welfare to
Work Grant
Background:
The City of Roanoke is the grant recipient and fiscal agent for the Fifth District
Employment and Training Consortium (FDETC), which encompasses the
counties of Alleghany, Botetourt, Craig, Franklin and Roanoke as well as the
cities of Covington, Roanoke, and Salem.
City Council must appropriate the funding for all grants and other monies the
FDETC receives.
The FDETC has received notice of an award of Govemor's Discretionary 15%
Funds of $82,072.00 from the Virginia Department of Social Services. These
funds are to be used to provide services to clients enrolled in the Welfare to Work
Program. These funds are to be used for program costs only and are available
through June 30, 2004.
Consideration:
Program Operations - Existing activities such as job placement assistance,
support services (child care, transportation) and occupational skills training will
continue, and planned programs such as continuing existing services and
enrolling new clients will be implemented. We will be targeting residents of the
surrounding areas with these funds.
Honorable Mayor and Members of Council
February 18, 2003
Page 2
Funding - Funds are available from the Grantor agency and other sources as
indicated, at no additional cost to the City.
Timing - Immediate action will allow activities to be implemented and completed
within planned time frames, January 1,2003 through June 30, 2004.
Recommended Action:
Appropriate the FDETC's funding totaling $82,072 and increase the revenue
estimate by $82,072 in accounts to be established in the Consortium fund by the
Director of Finance.
Respectfully submitted,
ar eno L. Burcham
City Manager
DLB:tem
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda A. Russell, Assistant City Manager for Community Development
Glenn D. Radcliffe, Director of Human Services
#0M03-00028
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 21, 2003
File #60-178-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36242-021803 authorizing acceptance of the
Roanoke Homeless Assistance Team Renewal Grant Award from the United States
Department of Housing and Urban Development, in the amount of $413,006.00, to provide
outreach and limited case management services to the homeless; and authorizing
execution of the necessary documents.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, February 18, 2003.
MFP:mh
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Glenn D. Radcliffe, Director, Human/Social Services
H:~Agenda.03\February 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of February, 2003.
No. 36242-021803.
A RESOLUTION authorizing the acceptance of the Roanoke Homeless Assistance
Team Renewal Grant Award from the United States Department of Housing and Urban
Development to provide outreach and limited case management services to the homeless; and
authorizing the execution of the necessary documents.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the Roanoke Homeless Assistance Team
Renewal Grant Award from the United States Department of Housing and Urban
Development, in the amount of $413,006.00 to provide outreach and limited case
management services to the homeless, and as more particularly set forth in the February 18,
2003, letter of the City Manager to this Council.
2. The City Manager is hereby authorized to execute any and all requisite
documents, including any documents providing for indemnification by the City as are
required for the City's acceptance of this grant, upon form approved by the City Attorney,
and to furnish such additional information as may be required in connection with the City's
acceptance of this grant.
ATTEST:
H:\RESOLUTIONS\R-HOMELESSGRANT2003(021803) DOC
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 21, 2003
File #60-178-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36241-021803 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of
$413,006.00, in connection with renewal of the Roanoke Homeless Assistance Team
Grant from the U. S. Department of Housing and Urban Development; and dispensing with
the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, February 18, 2003, and is in full force and
effect upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Dadene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Glenn D. Radcliffe, Director, Human/Social Services
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03\February 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of February, 2003.
No. 36241-021803.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Grant Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections
of the 2002-2003 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read as follows, in part:
Appropriations
Health and Welfare
Homeless Assistance Grant 2/03 - 1/06 (1-17) ......................................
Revenues
Health and Welfare
Homeless Assistance Grant 2/03 - 1/06 (18) .........................................
$ 4,232,595
413,006
$ 4,232,595
413,006
1) (035-630-5240-1002) $279,004
2
3
4
5
6
7)
6)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
Regular Employee Salaries
Temporary
Employee Wages
FICA
Medical Insurance
Dental Insurance
Telephone
Telephone-Cellular
Administrative Supplies
Expendable Equipment
< $5,000
Motor Fuels
and Lubricants
Training
and Development
Fleet Management Daily
Vehicle Maintenance
Program Activities
Postage
Materials Control
Management Services
Fleet Management
Homeless Assistance
(035-630-5240-1004) 16,843
(035-630-5240-1120) 19,347
(035-630-5240-1125) 29,106
(035-630-5240-1126) 1,896
(035-630-5240-2020) 6,001
(035-630-5240-2021) 5,001
(035-630-5240-2030) 1,000
(035-630-5240-2035)
5O0
(035-630-5240-2038) 1,500
(035-630-5240-2044)
2OO
(035-630-5240-2054) 200
(035-630-5240-2066) 44,936
(035-630-5240-2160) 200
(035-630-5240-7010) 1,672
(035-630-5240-7015) 2,500
(035-630-5240-7025) 1,100
(035-630-5240-5199) 413,006
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 8531138
CityWeb: www.roanokegov.com
February 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Su~e~:
Roanoke Homeless Assistance
Team (HAT) Grant Renewal from
the U. S. Department of Housing
and Urban Development (HUD)
Background:
The plight of homeless individuals and families has been at the forefront of the
community's attention for more than a decade. The number of homeless
persons relying on local services has increased. Currently the Homeless
Assistance Team (HAT) provides outreach and limited case management
services to the homeless. The 2002 Winter survey conducted by the Roanoke
Valley Task Force on Homelessness identified 327 homeless individuals residing
in shelters or on the streets of Roanoke.
Based on Roanoke's 2002 Continuum of Care application, the Roanoke
Homeless Assistance Team Renewal was funded for a total of $413,006 for a
three-year period beginning February 1,2003.
Recommended Action(s):
Authorize the City Manager to accept the Roanoke Homeless Assistance
Team Renewal Grant Award in the amount of $413,006 from the U. S.
Department of Housing and Urban Development and execute the required
grant documents on behalf of the City.
Honorable Mayor and Members of Council
February 18, 2003
Page 2
Authorize the City Manager to execute documents associated with
implementation of this grant renewal.
Appropriate $413,006 Supportive Housing Funds as outlined in
Attachment "A" with a corresponding revenue estimate in an account
established by the Director of Finance in the Grant Fund.
Respectfully submitted
Darlene L. Burcham
City Manager
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Glenn D. Radcliffe, Director of Human Services
#CM03-00035
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
February 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: 2002 Annual Report
Planning Commission
I am pleased to provide Council with the following information on the Commission's
activities and attendance last year, as well as a brief overview of the major work
projects we hope to undertake during 2003.
Last year the Commission officially met 14 times to consider the following items:
,/ 20 requests to rezone property or amend proffered conditions
19 street and/or alley closure requests
,/ 4 amendments to the City's zoning ordinance
,/ 1 comprehensive development plan review for the stadium/amphitheatre site
1 review of public facilities for conformity with the Comprehensive Plan (First Tee
Golf Program), and
6 amendments to the Comprehensive Plan (Southern Hills, Belmont-Fallon, Old
Southwest, Peters Creek North, Loudon-Melrose/Shenandoah West, Outlook
Roanoke)
The major work effort of the Commission and staff last year centered around the
development and implementation of the Neighborhood Design District. Zoning
Ordinance regulations were developed and adopted, and the initial application of those
regulations was in the Melrose-Rugby neighborhood. During the six month process,
numerous meetings were held with citizen groups and other stakeholders.
In addition to plans reviewed and forwarded to City Council, neighborhood plans were
initiated for the Gilmer, Hurt Park/Mountain View/West End, and Washington
Park/Harrison areas. These plans should be forthcoming in the next few months for
public hearing and adoption. It is the Commission's and staff's goal to have all
neighborhood plans undertaken and completed by summer of 2004.
The Commission's major goal for 2003 is the adoption of a new Zoning Ordinance,
which was last revised in 1987. The Commission's Ordinance and Names Committee
will be active in the review of the new ordinance in support of a citizen-based task force
which is working closely with staff and its consultants on the effort.
In addition to completing the Zoning Ordinance, the Commission will continue to
monitor progress in implementing the initiatives and strategies set forth in Vision 2001-
2020. Commission members are particularly interested in working to pursue initiatives
related to new housing development, village centers, redevelopment of underutilized
commercial and industrial areas, and integration of city design principles for new
development.
A roster of meeting attendance and the status of certifications of Commission members
is attached to this report for your information.
/mpf
attachment
CC:
Respectfully submitted,
Robert B. Marietta, Chairman
City of Roanoke Planning Commission
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
MEETING ATTENDANCE/CERTIFICATION
A total of 12 regular and 2 special meetings were held by the Planning
Commission during 2002.
Commission Member
No. of Meetings Attended
Gilbert Butler (Certified) 12
Wayne Campbell 12
Kent Chrisman (Certified) 14
Melvin Hill (Certified) 13
Robert Manetta (Certification pending) 13
Richard Rife 14
Frederick Williams (appointed 7/02, 6 of 7
Certification pending)
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 21,2003
File #60-467
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36243-021803 amending and reordaining certain
sections of the 2002-03 School Fund Appropriations, providing for appropriation of
$15,669.00 for the Refugee School Impact Grant and $42,757.00 from Capital
Maintenance and Equipment Replacement Funds; and dispensing with the second reading
by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, February 18, 2003, and is in full fome and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Gloria P. Manns, Chair, Roanoke City School Board, 1727 Staunton Avenue, N. W.,
Roanoke, Virginia 24017
Darlene L. Burnham, City Manager
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy H. Lee, Clerk, Roanoke City School Board
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03\February 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of February, 2003.
No. 36243-021803.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
School Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections
of the 2002-2003 School Fund Appropriations be, and the same are hereby, amended
and reordained to read as follows, in part:
Appropriations
Education
Refugee School Impact Grant (1-4) ...........................................................
Facilities (5-8) ............................................................................................
Revenues
$136,381,306
15,669
2,131,323
Education $134,395,172
Refugee School Impact Grant (9) .............................................................. 15,669
Fund Balance
Reserved for CMERP - Schools (10) ........................................................... $ 2,164,738
1) ELL Instructor
2) Social Security
3) Contracted Services
4) Instructional Supplies
5) Instructional Assistants
6) Social Security
7) Transportation of Pupils
8) Parental Involvement
9) Federal Grant Funds
10) Reserved for CMERP-
Schools
'030-062~6850-6105-0121) $ 11,770
030-062-6850-6105-0201) 899
030-062-6850-6105-0332) 1,000
030-062-6850-6105-0614) 2,000
030-065-6006-6009-0801) 1,935
030-065-6006-6302-0806) 7,693
030-065-6006-6681-0821) 23,904
030-065-6006-6896-0829) 9,225
030-062-6850-1102) 15,669
(030-3324) (42,757)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
,~ Gloria P. Manns, Chairman Marsha W. Ellison
Ruth C. Willson, Vice Chairman William H. Lindsey
F. B. Webster Day Melinda J. Payne
Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951
Robert J. Sparrow
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
February 18, 2003
The Honorable Ralph K. Smith, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its February 11 meeting, the
Board respectfully requests City Council to approve the following appropriations:
· $15,669.00 for the Refugee School ~'mpact Grant to provide services for 146
refugee students in the Schools by supplementing regular classroom
instructional materials, translating important school documents, providing
interpreter services, providing after-school tutorial sessions, and providing
additional staff development opportunities for ELL and core content teachers.
This continuing grant program is one hundred percent reimbursed by federal
funds.
· $42,757.00 from the Capital Maintenance and Equipment Replacement Funds
for the replacement of musical instruments, the replacement of administrative
technology equipment, the replacement of facility maintenance and custodial
equipment, and handicap access modifications at William Fleming High
School.
The School Board appreciates your approval of this request.
Sincerely,
Cindy H. Lee, Clerk
re
CC:
Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mr. William L. Murray
Mrs. Darlene Burcham
Mr. William M, Hackworth
Mr. Jesse A. Hall
Mr. Jim Wells (with accounting details)
Preparing Students for Success
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 21, 2003
File #60-102-270
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
February 18, 2003, Council adopted a motion that design of the First Street Bridge will be
completed as soon as possible for vehicular one-way traffic and a pedestrian bridge; and
the City Manager was directed to identify a source of funds, including the possible use of
CMERP reserve funds and/or Transportation Enhancement funds.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
H:~Agenda.03\February 18, 2003 correspondence.wpd
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
February 14, 2003
Council Members:
William D. Bestpitch
William H. Carder
M. Rupert Cutler
Alfred T. Dowe, Jr.
C. Nelson Harris
Linda F. Wyatl
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
At the last Council meeting there was discussion regarding options to the re-opening of the
First Street bridge. As you know, I took a position in support of the pedestrian only option.
While I still believe this idea has merit, I have had a number of opportunities to talk with
representatives from the Harrison Museum, Dumas Center, and the Higher Ed Centerwho
all support some vehicular access on the bridge. Their assertion is that by limiting the First
Street bridge to pedestrian traffic only would significantly hamper access to and movement
around their respective facilities. Given the significant financial commitment by our
community toward the viability of each of these enterprises, I feel I must be sensitive to
their needs and request, given they will be impacted daily by our First Street bridge
decision. Further, I believe we can do something creative and appropriate with the bridge
relative to Dr. King even with limited vehicular access. Consequently, I am shifting my
earlier position, and I wanted each of you to be aware of this prior to our voting on this
matter on February 18th.
Sincerely,
C. Nelson Harris
Vice-Mayor
CNH:mh
H:\Council.03\Harris\First Street Bridge.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 21,2003
File #20-60-316
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36232-021803 amending and reordaining certain
sections of the 2002-03 Capital Projects Fund Appropriations, providing for transfer of
$236,870.00, in connection with traffic calming initiatives.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, February 18, 2003, and will be in effect ten
days following the date of adoption.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Darlene L. Burcham, City Manager
Robert K. Bengtson, Director, Public Works
Kenneth H. King, Jr., Manager, Streets and Traffic
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03\February 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of February, 2003.
No. 36232-021803.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Capital Projects Fund Appropriations.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Capital Projects Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Streets and Bridges $ 26,014,907
1-581 Interchange (1) ............................................................................... 6,275,130
Traffic Engineering $ 4,910,051
Traffic Calming Initiatives (2) ................................................................... 236,870
1) Appropriated from Series
1996 Bond Issue
2) Appropriated from Series
1996 Bond Issue
(008-052-9545-9088)
(008-530-9799-9088)
$ (236,870)
236,870
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.corn
February 3,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Transfer of Funds for
Traffic Calming Initiatives
City Council has been briefed on several ongoing transportation projects that have the goal of
calming traffic and making the City's transportation corridors more pedestrian friendly. Areas of
improvement include, but may not be limited to, Memorial Avenue, Grandin Road, Williamson
Road, Jamison Avenue and Bullitt Avenue.
These traffic calming initiatives are preliminary in nature; therefore, a firm cost estimate has not
been established for each of these projects. However, funding in the amount of $236,870 has
been identified as available to support the further development and implementation of these
initiatives.
Recommended Action(s):
City Council approve the transfer of $236,870 from the Valley View Boulevard Interchange
Account (#008-052-9545) into a new account to be titled Traffic Calming Initiatives.
Re.spectfully submitted,
City Manager
DLB/KHK/gpe
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
Robert K. Bengtson, P.E., Director of Public Works
Kenneth H. King, P.E., Manager, Division of Transportation
CM03-0020
CIT? OF R O NOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 21, 2003
File #80-102
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Dadene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
February 18, 2003, Council adopted a motion to name the newly renovated First Street
Bridge in memory of the late Dr. Martin Luther King, Jr.; and the City Manager was
instructed to work with the Southern Christian Leadership Conference (SCLC) with regard
to design elements.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc:
Perneller Chubb-Wilson, President, Roanoke Chapter of the Southern Christian
Leadership Conference, P. O. Box 6011, Roanoke, Virginia 24017-0011
H:~Agenda.03\February 18, 2003 correspondence.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 21, 2003
File #166
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36244-021803 authorizing the City Manager to
execute agreements, deeds and any related and necessary documents providing for
conveyance of City-owned property located at the intersections of Gainsboro and Gilmer
Road and at Gainsboro and Harrison Road, identified as Official Tax Nos. 2011718,
2021788 and 2021789, to adjacent and nearby property owners, upon certain terms and
conditions, and dispensing with the second reading of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, February 18, 2003, and is in full force and
effect upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc'
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
H:~Agenda.03\February 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of February, 2003.
No. 3624t4-021803.
AN ORDINANCE authorizing the City Manager to execute agreements, deeds and
any related and necessary documents providing for the conveyance of City-owned property
located at the intersections of Gainsboro and Gilmer Road and at Gainsboro and Harrison
Road, and being identified as Official Tax Nos. 2011718, 2021788 and 2021789, to adjacent
and nearby property owners, upon certain terms and conditions, and dispensing with the
second reading of this ordinance.
WHEREAS, a public hearing was held on January 21, 2003, pursuant to §§15.2-
1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties
in interest and citizens were afforded an opportunity to be heard on said conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf
of the City, to execute and attest, respectively, agreements, deeds and any related and
necessary documents providing for the conveyance of City-owned property located at the
intersections of Gainsboro and Gilmer Road and at Gainsboro and Harrison Road, and being
a portion of Official Tax Nos. 2011718, 2021788 and 2021789, to adjacent and nearby
property owners, upon the terms and conditions set forth in the City Manager's letter to this
Council dated January 21, 2003.
2. All documents necessary for this conveyance shall be in form approved by the
City Attorney, and the deed for conveyance of the propertybearing Official Tax No. 2011718
shall contain a restriction that no grading will be permitted on this parcel.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk
H:\OKDINANCES\O=CONV EYGArNSBORO012103 DOC
FILE No.165 02/19 '03 18:35 ID:ABC ADJUDICATION FAX:8042134731 PAGE 2× 2
COMMONWEALTH o[ VIRGINIA
COMMIS$1ONIiR~
V~RI~OWM. f)ANI~I.S~N. CUA[RMAN Department of Alcoholic Beverage Contml
WARREN IL BARRY
February 19, 2003
Mary F. Parker, CMC
City Clerk
City of Roanoke
215 Church Avenue, S.W. Room 456
Roanoke~ Vkginla 24011-1536
Dear Ms. Parker:
Thank you for a copy of your correspondence dated February ! 8, 200:~ to the ABC Board Chairman
regarding suggestions for the relocation of the headng site for the Roanoke Civic Center ABC application
hearing (set for February 20, 2003 at 9:00 a.m. at the U.S. Bankruptcy Court).
After careful consideration of the matter and a review of the witness lb'ts provided by both parties in this
action, I have determined that changing the location of the hearing at this late date is not necessary given
the number of expected pardcipant; in the hearing. Ploreover, this change of location would not allow
ABC staff enough time to give all involved pan]es the courtesy of being contacted in a timely manner and
advised of the new site prior to the scheduled hearing date, which was established several weeks ago.
Even though there have been alternative sites suggested, there are other factors to consider., mainly, this
is an administrative hearing open to the general public (space permitting) and not a public hearing.
Accordlngiy, I believe all of the needs of the parddpants can be met with the current facility. Should a
problem arise, I will meet with the affected groups to make the necessary adju~u,~ents before the
commencement of the hearing tomorrow.
With warm regards, I remain
Sincerely yours,
Robert S. O'Neal
Chief Hearing Ofltcer
Raphael E. Ferm, Esquire
FERRIS, F, AKIN m THOMAS, P.C.
22 Luck Avenue
R~anoke, Virginia 24011
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOI<T
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va, us
February 18, 2003
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Vernon M. Danielsen, Chair
Robert S. O'Neai, Chief Hearing Officer
Commonwealth of Virginia
Department of Alcoholic Beverage Control
2901 Hermitage Road
P. O. Box 27491
Richmond, Virginia 23261
RE: City of Roanoke ABC Application for Roanoke Civic Center
ABC Hearing: February 20, 2003
Gentlemen:
In response to a citizen request at its February 18, 2003 City Council meeting for a change
in location on the City's Alcoholic Beverage Control license hearing to accommodate a
significant number of interested persons, the Roanoke City Council respectfully requests
that the Virginia Alcoholic Beverage Control Board consider moving the hearing from the
Bankruptcy Court to a facility with greater seating capacity.
Thank you in advance for your consideration of this request.
Respectfully,
Mary F. Parker, CMC
City Clerk
MFP:sc
CC:
The Honorable Mayor and Members of Roanoke City Council
Darlene L. Burcham, City Manager
George C. Snead, Jr., Acting Director of Civic Facilities
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Gary E. Tegenkamp, Assistant City Attorney
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: ¢lcrk~¢i.roanok¢.va.us
STEPHANIE M. MOON
Dcputy City Clerk
SHEILA N. HARTMAN
Assistant City Clcrk
February 25, 3003
File #15-110-202
Ms. Virginia B. Stuart
3774 Laurel Ridge Road, N. W.
Roanoke, Virginia 24017
Dear Ms. Stuart:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
February 18, 2003, you were appointed as a member of the Personnel and Employment
Practices Commission to fill the unexpired term of Jeannette E. Hardin, ending
June 30, 2003.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to servin9 in the capacity to which you were
appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
Ms. Virginia B. Stuart
February 25, 3003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve the City of Roanoke as a member of the Personnel and
Employment Practices Commission.
SMM:mh
Enclosures
pc:
Sincerely,
Deputy City Clerk
Kenneth S. Cronin, Secretary, Personnel and Employment Practices Commission
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City
of Roanoke and keeper of the records thereof, do hereby cedify that at a regular meeting
of Council which was held on the eighteenth day of February, 2003, VIRGINIA B. STUART
was appointed as a member of the Personnel and Employment Practices Commission to
fill the unexpired term of Jeannette E. Hardin, ending June 30, 2003.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of
February, 2003.
Deputy City Clerk
N:\CKMHl~Agenda.03~February 18, 2002.Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) g53-2541
Fax: (540) 853-1145
E-maih clerk~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
February 25, 2003
File #67-110
Ms. Mary F. Monk
3343 Pittsfield Circle, N. W.
Roanoke, Virginia 24017
Dear Ms. Monk:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
February 18, 2003, you were appointed as a member of the Parks and Recreation Advisory
Board, for a term ending March 31, 2006.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue; S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
N:\CKMHl~Agenda.03\February 18, 2002.0aths.wpd
Ms. Mary F. Monk
February 25, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve the City of Roanoke as a member of the Parks and Recreation
Advisory Board.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosures
pc: Kyna A. Jones, Secretary, Parks and Recreation Advisory Board
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of February, 2003, MARY F. MONK was
appointed as a member of the Parks and Recreation Advisory Board, for a term ending
March 31,2006.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of
February, 2003.
Deputy City Clerk
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOIO*,
OFFICE OF CITY CLERK
21 $ Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanok¢.va.us
February 21,2003
File #67-110
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Jim Hale
2928 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Hale:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
February 18, 2003, you were reappointed as a member of the Parks and Recreation
Advisory Board, for a term ending March 31,2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Mr. Jim Hale
February 25, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Parks and Recreation Advisory Board.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosures
pc: Kyna A. Jones, Secretary, Parks and Recreation Advisory Board
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
To-wit:
I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of February, 2003, JIM HALE was
reappointed as a member of the Parks and Recreation Advisory Board, for a term ending
March 31,2006.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of
February, 2003.
Deputy City Clerk
N:\CKMH%Agenda.03\February 18, 2002.Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKF
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: ($40) 853-2541
Fax: ($40) 853-1145
E-mail: clerk~ci.roanoke.va,us
February 25, 2003
File #67-110
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Carl 14. Kopitzke
2314 Martin Lane, S. W.
Roanoke, Virginia 24015
Dear Mr. Kopitzke:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
February 18, 2003, you were reappointed as a member of the Parks and Recreation
Advisory Board, for a term ending March 31,2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
Mr. Carl H. Kopitzke
February 21,2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Parks and Recreation Advisory Board.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosures
pc: Kyna A. Jones, Secretary, Parks and Recreation Advisory Board
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of February, 2003, CARL H. KOPITZKE
was reappointed as a member of the Parks and Recreation Advisory Board, for a term
ending March 31,2006.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of
February, 2003.
Deputy City Clerk
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
MARY F. PARKER, CMC
City Cledt
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
February 25, 2003
File #110-243
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Vickie F. Briggs
5656 Prunty Drive
Salem, Virginia 24153
Dear Ms. Briggs:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
February 18, 2003, you were reappointed as a member of the League of Older Americans
Advisory Board, for a term ending February 28, 2004.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Mr. Vickie F. Briggs
February 25, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
League of Older Americans Advisory Board.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosures
pc:
Aimee Wainwright, Secretary, League of Older Americans Advisory Board, 706
Campbell Avenue, S. W., Roanoke, Virginia 24016
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
To-wit:
I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City
of Roanoke and keeper of the records thereof, do hereby cedify that at a regular meeting
of Council which was held on the eighteenth day of February, 2003, VICKIE F. BRIGGS
was reappointed as a member of the League of Older Americans Advisory Board, for a
term ending February 28, 2004.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of
February, 2003.
Deputy City Clerk
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lcrk~¢i.roanok¢.va.us
February 25, 2003
File #9-15-110
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. James M. Turner, Jr.
2405 Wycliffe Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Turner:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
February 18, 2003, you were reappointed as a Commissioner of the Roanoke Regional
Airport Commission, for a term ending March 9, 2007.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Mr. James M. Turner, Jr.
February 25, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a Commissioner of
the Roanoke Regional Airport Commission.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosures
pc: Cathy S. Pendleton, Recording Secretary, Roanoke Regional Airport Commission,
5202 Aviation Drive, N. W., Roanoke, Virginia 24012
N:\CKMH1V~.genda.03\February 18, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of February, 2003, JAMES M. TURNER,
JR., was reappointed as a Commissioner of the Roanoke Regional Airport Commission,
for a term ending March 9, 2007.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of
February, 2003.
Deputy City Clerk
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk~ci.roanoke.va, us
February 25, 2003
File #15-110-178
STEPHANIE M. MOON
l~puty City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Sherman V. Burroughs
188 Oaklawn Avenue, N. E.
Roanoke, Virginia 24012
Dear Mr. Burroughs:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
February 18, 2003, you were reappointed as a member of the Fair Housing Board, for a
term ending March 31,2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
Mr. Sherman V. Burroughs
February 25, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Fair Housing Board.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosures
pc: Dolores C. Daniels, Secretary, Fair Housing Board
N:\CKMHl~Agenda.03\February 181 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of February, 2003, SHERMAN V.
BURROUGHS was reappointed as a member of the Fair Housing Board, for a term ending
March 31,2006.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of
February, 2003.
Deputy City Clerk
N:\CKMHl~Agenda,03\February 18, 2002.Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKF
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk~ci.roanok¢.va.us
February 25, 2003
File #15-110-178
STEPHANIE M. MOON
Deputy City Clcrk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Raymond Debose, Jr.
2222 Sherman Drive, N. W.
Roanoke, Virginia 24017
Dear Mr. Debose:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
February 18, 2003, you were reappointed as a member of the Fair Housing Board, for a
term ending March 31,2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
Mr. Raymond Debose, Jr.
February 25, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Fair Housing Board.
Sincerely,
Stephanie M Moon
Deputy City Clerk
SMM:mh
Enclosures
pc: Dolores C. Daniels, Secretary, Fair Housing Board
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of February, 2003, RAYMOND DEBOSE,
JR., was reappointed as a member of the Fair Housing Board, for a term ending March 31,
2006.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of
February, 2003.
Deputy City Clerk
N:\CKMHl~Agenda.03\February 18, 2002,Oaths,wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk(~ci.roanok¢.va.us
February 25, 2003
File #15-110-178
STEPHANIE M. MOON
Deputy City Clerk
SHE1LA N. HARTMAN
Assistant City Cleft(
Mr. Tuan Reynolds
1621 Downing Street, N. W.
Roanoke, Virginia 24012
Dear Mr. Reynolds:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
February 18, 2003, you were reappointed as a member of the Fair Housing Board, for a
term ending March 31,2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
N:\CKMHl~Agenda.03~February 18, 2002.Oaths.wpd
Mr. Tuan Reynolds
February 25,2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Fair Housing Board.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosures
pc: Dolores C. Daniels, Secretary, Fair Housing Board
N:\CKMHl~,genda.03\February 18, 2002.0aths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of February, 2003, TUAN REYNOLDS
was reappointed as a member of the Fair Housing Board, for a term ending March 31,
2006.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of
February, 2003.
Deputy City Clerk
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk(~ci.roanoke.va.us
February 25, 2003
File #15-110-247
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. William White, Sr.
3698 Partridge Lane, N. W.
Roanoke, Virginia 24017
Dear Mr. White:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
February 18, 2003, you were reappointed as a member of the Hotel Roanoke Conference
Center Commission, for a term ending April 8, 2007.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to. Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virgin a Freedom of Information Act.
N:\CKMHlWgenda.03\February 18, 2002.Oaths.wpd
Mr. William White, Sr.
February 25, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Hotel Roanoke Conference Center Commission.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosures
pc:
Raymond D. Smoot, Jr., Secretary, Hotel Roanoke Conference Center Commission,
Vice President for Administration and Treasurer, Virginia Tech, 312 Burruss Hall,
Blacksburg, Virginia 24061
N:\CKMHl~Agenda.03\FebnJary 18, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA
CiTY OF ROANOKE
To-wit:
I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of February, 2003, WILLIAM WHITE, SR.,
was reappointed as a member of the Hotel Roanoke Conference Center Commission, for
a term ending April 8, 2007.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of
February, 2003.
Deputy City Clerk
N:\CKMHl~Agenda.03\February 18, 2002.Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
February 25, 3003
File #110-448
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assis~nt City Clerk
Mr. Delvis O. "Mac" McCadden
2018 Carroll Avenue, N. W.
Roanoke, Virginia 24017
Dear Mr. McCadden:
At a regular meeting of the Council of the City of Roanoke which was held on Tuesday,
February 18, 2003, you were appointed as a member of the Roanoke Valley Regional
Cable Television, for a term ending June 30, 2005.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950). as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
C:\February 18, 2003.Oath,wpd
Mr. Delvis O. McCadden
February 25, 3003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve the City of Roanoke as a member of the Roanoke Valley
Regional Cable Television.
Sincerely, -
Deputy City Clerk
SMM:mh
Enclosures
pc: Stephanie M. Moon, Secretary, Roanoke Valley Regional Cable Television
C:\February 18, 2003.0ath,wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, Deputy City Clerk, and as such Deputy City Clerk of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of February, 2003,
DELVIS O. MCCADDEN was appointed as a member of the Roanoke Valley Regional
Cable Television, for a term ending June 30, 2005.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of
Februaw, 2003.
Deputy City Clerk
C:\Februaw 18, 2003.0ath.wpd
MARY F, PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk~ci.roanoke.va.us
February 25, 2003
File #110-448
STEPHANIE M. MOON
Dcputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Dan L. Frei
1308 Second Street, S. W., #5
Roanoke, Virginia 24016
Dear Mr. Frei:
Your term as a member of the Roanoke Valley Regional Cable Television Committee
expired on June 30, 2002.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the Roanoke Valley Regional
Cable Television Committee from December 16, 1996 to February 18, 2003. Please find
enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley
which was issued by the Mayor on behalf of the Members of the Roanoke City Council.
With warmest regards, I am
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc: Stephanie M. Moon, Secretary, Roanoke Valley Regional Cable Television
Committee
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 21,2003
File #24-51
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36245-021803 amending and reordaining {}36.1-164,
Permitted uses, and §36.1-185, Permitted uses, of Division 3, Commercial District
Requlations, of Article III, District Regulations, of Chapter 36.1, Zoninq, of the Code of the
City of Roanoke (1979), as amended, to remove medical clinics as a permitted use in the
CN, Neighborhood Commercial District, and the C-1, Office District; and amending and
reordaining §36.1-165, Special exemption uses, and §36.1-186, Special exception uses,
of Division 3, Commercial District Requlations, of Article III, District Regulations, of Chapter
36.1, Zoning, of the Code of the City Roanoke (1979), as amended, to add medical clinics
as a use permitted by special exception in the CN, Neighborhood Commercial District, and
the C-1, Office District; and dispensing with the second reading by title of this ordinance
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, February 18, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
H:Vkgenda.03\February 18, 2003 correspondence.wpd
Darlene L. Burcham
February 21, 2003
Page 2
pc;
The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable Francis W. Burkart, III, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District
Court
The Honorable Joseph P, Bounds, Judge, Juvenile and Domestic Relations District
Court
Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to
Municipal Code Corporation)
Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia
24011
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Peggy B. Stewart, Office of the Magistrate
Michael R. Meise, Law Librarian
Rolanda B. Russell, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:~Agenda.03~February 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of February, 2003.
No. 36245-021803.
AN ORDINANCE amending and reordaining §36.1~164, Permitted uses, and §36.1-185,
Permitted uses, of Division 3, Commercial District Regulations, of Article Ili, District Regulations,
of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to remove medical
clinics as a permitted use in the CN, Neighborhood Commercial District, and the C-l, Office
District; and amending and reordaining §36.1-165, Special exception uses, and §36.1-186, Special
exception uses, of Division 3, Commercial District Regulations, of Article III, District Regulations,
of Chapter 36.1, Zoning, of the Code of the City Roanoke (1979), as amended, to add medical clinics
as a use permitted by special exception in the CN, Neighborhood Commercial District, and the C-l,
Office District; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 36.1-164, Permitted uses, and §36.1-185, permitted uses, of Division 3,
Commercial District Regulation~ of Article III, District Regulations: of Chapter 36.1, Zoning, of the
Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and
provide as follows:
Section 36.1-164. Permitted uses.
The following listed uses shall be permitted as principal uses in the CN district. Unless
otherwise stated, the maximum gross ground floor area (the "footprint") of any new structure shall be
five thousand (5,000) square feet:
o-ca-MedicalClinic 121602
Section 36.1-185. Permitted uses.
The following uses shall be permitted as principal uses in the C-1 district.
2. Section 36.1-165, Special exception uses, and 36.1-186, Special exception uses, of
Division 3, Commercial District Regulations, of Article III, District Regulations, of Chapter 36.1,
Zoning, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained
to read and provide as follows:
Sec. 36.1-165. Special exception uses.
The following uses may be permitted by special exception granted by the board of zoning
appeals, subject to the requirements of this section:
(8) Medical clinics.
Sec. 36.1-186. Special exception uses.
The following uses may be permitted in the C- 1 district by special exception granted by the
board of zoning appeals subject to the requirements of this section:
(10) Medical clinics.
3.
ordinance by title is hereby dispensed with.
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ATTEST:
City Clerk.
o-ca-MedicalClinic 121602
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 2401 I
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
February 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Amending and reordaining Section 36.1.164, Permitted
uses, and Section 36.1-185, Permitted uses, of Division 3,
Commercial District Requlations, of Article Ill, District
Requlations, of Chapter 36.1, Zoning, of the Code of the City
of Roanoke (1979), as amended, to remove medical clinics
as a permitted use in the CN, Neighborhood Commercial
District, and the C-1, Office District; and amending and
reordaining Section 36.1-165, Special exception uses and
Section 36.1-186, Special exception uses, of Division 3,
Commercial District Requlations, of Article III, District
Requlations, of Chapter 36.1, Zoninq, of the Code of the City
of Roanoke (1979), as amended, to add medical clinics as a
use permitted by special exception in the CN, Neighborhood
Commercial District, and the C-1, Office District.
Planning Commission Action:
Planning Commission public hearing was held on January 16, 2003. By a vote of
6-0 (Mr. Butler absent), the Commission recommended approval of the proposed
amendment.
Background:
On October 2, 2002, the Zoning Administrator received a request for a zoning
interpretation of the definition of a "medical cl'n'c, wh'ch's defined ~n the existing
Zoning Ordinance as "an establishment which offers medical- or health-related
counseling or treatment (including diagnosis), including dental, optical and
psychiatric treatment, where treatment is offered by more than two (2) licensed
professional medical practitioners." The proposed "medical clinic" was described
as follows:
A facility that would provide outpatient pharmacological services, including
the administering of methadone treatments, and traditional psychosocial
addiction treatment services to clients; and
· The facility would be staffed with licensed medical staff in compliance with
all applicable state and federal guidelines.
In response to that interpretation request, the Zoning Administrator provided a
written opinion acknowledging that such a use would be considered as a
"medical clinic" and a use-by-right in the CN, Neighborhood Commercial District,
the C-1, Office District, the C-2, General Commercial District, the C-3, Central
Business District, and provided for as a special exception in the LM, Light
Manufacturing District.
Such a use, and the continuing evolution of healthcare delivery systems, as a
use-by-right activity in the CN and C-1 districts, could result in a more intensive
land use than previously considered. The Zoning Ordinance should set forth
provisions to provide for greater scrutiny of "medical clinics" of this proposed type
in the City, particularly the commercial districts oriented and compatible with
residential development, namely C-1 and CN Districts.
Considerations:
The proposed amendments will strengthen the City's ability to preserve the
integrity of future land use in lower-intensity commercial districts, by considering
on a case-by-case basis proposed clinics in mixed commercial and residential
neighborhoods. The C-1, Office District, is designed to promote Iow-intensity
uses, which include single-family detached and two-family units as by-right uses.
The CN, Commercial Neighborhood District, is intended to support commercial
core areas within or in close proximity to residential neighborhoods. Permitting
"medical clinics" by special exception rather than a use by-right allows the staff
and the Board of Zoning Appeals an opportunity for greater scrutiny of proposed
clinics in these two zoning districts.
It is staff's opinion that the authors of the 1987 Zoning Ordinance did not foresee
the definition of medical clinic accommodating such uses as an outpatient
substance abuse treatment clinic on such a common basis. This type of use has
the potential for much higher intensity than originally anticipated by the definition
of a "medical clinic."
Vision 2001-2020 includes the following policies and actions:
2
1. "Revise zoning ordinances to address new development patterns
and land uses." (p.79, PS A9)
2. "Roanoke's neighborhoods are the basic building blocks in the
City." (p.39, Housing and Neighborhoods, Policy Approach)
"Citizens place a strong emphasis on neighborhoods as being an
'essential element in Roanoke's quality of life' and as such, the
'character and environmental quality' of neighborhoods should be
protected." (p.77, Public Services, Policy Approach, Zoning and
Development Code Administration)
Given the potential of the more commonplace higher-intensity medical clinics
today and Vision 2001-2020's policies that stress compatibility of uses and the
protection of the City's neighborhoods, the proposed text amendments give the
City a process to better address these potential concerns.
Recommendation:
By a vote of 6-0, the Planning Commission recommended approval of the
proposed text amendments to City Council. The amendments further the intent
of Vision 2001-2020 to update the zoning ordinances to accommodate changes
in land uses and to protect and improve the quality of life in the City's
neighborhoods.
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City Planning Commission
CC;
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
3
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02068282 Medical Clinics
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
vi~Finiao Sworn and subscribed before me this
~ d~y of Fe~rua~ry 2003. Witness my hand and
PUBLISHED ON: 02/07 02/14
TOTAL COST: 345.00
FILED ON: 02/18/03
Authorized
Signature:
Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of{} 15.2-2204, Code of Virginia (1950), as amended, the Council of
the City of Roanoke will hold a Public Hearing on Tuesday, February 18, 2003, at 7:00 p.m., or as
soon thereafter as the matter may be heard, in the Council Chambers, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia, in order to consider an amendment and
revision to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended.
The proposed amendment would amend the following sections of Chapter 36.1, Zoning, of the
Code of the City of Roanoke (1979), as amended: {}36.1-164, Permitted uses, and §36.1-185,
Permitted uses, to remove medical clinics as a permitted use in the CN, Neighborhood Commercial
District, and the C-l, Office District; and amending and reordaining §36.1-165, Special exception
uses, and §36.1-186, Special exception uses, to add medical clinics as a use permitted by special
exception in the CN, Neighborhood Commemial District, and the C-l, Office District. A copy of said
proposed amendment is available for review in the Office of the City Clerk, Room 456, Municipal
Building. Questions about the content of the proposed regulation should be directed to the Office of
Community Planning, 853-2344.
If you are a person with a disability who needs accommodations for this heating, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, February 13,
2003.
All parties in interest may appear on the above date and be heard on the question.
G1VEN under my hand this /4th day of February ,2003.
Mary F. Parker, City Clerk.
H:/NOTICES\N-CA-MEDICALCLINICS021803 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, February 7, 2003, and once on Friday, February 14, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
MARY F, PARKER~ CMC
City Clerk
CITY OF ROANOIO*
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
February 21, 2003
File #28
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Hong Ki Min
2727 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Min:
I am enclosing three copies of Ordinance No. 36246-021803 granting a revocable license
to permit installation and encroachment of an awning extending at least eight feet eight
inches above the sidewalk and approximately 30 inches into the public right-of-way at the
corner of 1 West Campbell Avenue and Jefferson Street, S. W., and bearing Official Tax
No. 1011127, upon cer[ain terms and conditions; and dispensing with the second reading
of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, February 18, 2003, and is in full force and
effect upon its passage.
Please note the insurance and recordation requirements on page 2 of the abovereferenced
ordinance.
MFP:mh
Attachment
pc:
Sincerely,
Mary F. Parker, CMC
City Clerk
Ms. Cada R. Webb, 1 West Campbell Avenue, Roanoke, Virginia 24011
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
H:~Agenda.03\February 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of February, 2003.
No. 36246-021803.
AN ORDINANCE granting a revocable license to permit the installation and encroachment
of an awning extending at least eight feet eight inches (8'8") above the sidewalk and approximately
thirty (30) inches into the public right-of-way at the comer of 1 West Campbell Avenue and
Jefferson Street, S.W., and bearing Official Tax No. 1011127, upon certain terms and conditions;
and dispensing with the second reading of this ordinance.
WHEREAS, a public heating was held on February 18, 2003, pursuant to §§15.2-1800(B),
15.2-1813, and 15.2-2010, Code of Virginia (1950), as amended, at which hearing all parties in
interest and citizens were afforded an opportunity to be heard on said encroachment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Permission is hereby granted the current owner, Hong Ki Min ("Licensee") and his
grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1011127,
otherwise known as 1 West Campbell Avenue, S.W., within the City of Roanoke, to permit the
installation and encroachment of an awning extending at least eight feet eight inches (8'8") above
the sidewalk and approximately thirty (30) inches into the public right-of-way at the comer of 1 West
Campbell Avenue and Jefferson Street, S.W., as more fully described in the City Manager's letter to
City Council dated February 18, 2003.
2. Said license, granted pursuant to {315.2-2010, Code of Virginia (1950), as amended,
shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the
limitations contained in the aforesaid §15.2-2010.
3. It shall be agreed by the Licensee that, in maintaining such encroachment, the
Licensee and his grantees, assignees, or successors in interest shall agree to indemnify and save
harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or
damages to persons or property that may arise by reason of the above-described encroachment in the
public right-of-way.
4. Licensee, his grantors, assigns or successor in interest shall for the duration of this
license maintain on file with the City Clerk's Office evidence of insurance coverage in amounts not
less than $1,000,000.00. This insurance requirement may be met by either homeowner's insurance or
commercial general liability insurance. Certificate of insurance must list the City of Roanoke, its
officers, employees, agents and volunteers as additional insureds, and an endorsement by the
insurance company naming the City as an additional insured must be received within thirty (30) days.
Certificate shall state that insurance may not be canceled or materially altered without 30 days
written advance notice of such cancellation or alteration being provided to the Risk Management
Officer for the City of Roanoke.
5. The City Clerk shall transmit an attested copy of this ordinance to Mr. Hong Ki Min,
2727 Electric Road, S.W., Roanoke, Virginia 24018.
6. This ordinance shall be in full force and effect at such time as a copy, duly signed,
sealed, and acknowledged by Mr. Hong ICi Min, has been admitted to record, at the cost of the
Licensee, in the Clerk's Office of the Cimuit Court for the City of Roanoke and shall remain in effect
only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is
on file in the Office of the City Clerk.
2
7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
ACCEPTED and EXECUTED by the undersigned this __ day of
HONG KI MIN
STATE OF §
§ To-Wit:
CITY/COUNTY OF §
The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this
__ day of ..... by Hong Ki Min, the owner of 1 West Campbell Avenue,
S.W., Roanoke, Virginia.
My Commission expires:
[SEAL]
Notary Public
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 8~3-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
February 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Encroachment into Public
Right-of-Way - Awning at 1
West Campbell Avenue -Tax
No. 1011127
Hong Ki Min, owner of 1 West Campbell Avenue, located at the corner of Campbell and
Jefferson, has requested permission for a tenant (applicant) to install an awning that will
create an encroachment into the public right-of-way of Jefferson Street, SW. See
Attachment #1.
The revocable encroachment will extend approximately thirty (30) inches into the right-of-
way of Jefferson Street, S. W, at a height above the sidewalk of 8'8". See Attachments #2
and #3. The right-of-way of Jefferson Street at this location is approximately sixty-one (61 ')
feet in width. See Attachment #2. Liability insurance and indemnification of City by the
applicant shall be provided as specified in the attached exhibit, subject to approval of the
City's Risk Manager. See Attachment #4.
Recommended Action(s):
Council adopt an ordinance, to be executed by the property owner, and recorded in the
Clerk's office of the Circuit Court for the City of Roanoke, granting a revocable license to
the property owner of 1 West Campbell Avenue, to allow the installation of an awning that
encroaches into the right-of-way of Jefferson Street, SW.
R~espectfully ~ubmitted,
Darlene L. Burcham
City Manager
DLB/SEF
Attachments
C~
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
Carla R. Webb, 1 West Campbell Avenue, Roanoke, VA
CM03-00025
Attachment #1
Attachment #2
Attachment #3
Attachment #4
INSURANCE REQUIREMENTS
FOR ENCROACHMENTS IN RIGHT-OF-WAY
COMMERCIAL
Owner shall obtain liability insurance coverage with respect to claims arising out of
the subject matter of this agreement. The amount of such insurance shall not be
less than:
A. General Aggregate $1,000,000
B. Products - Completed/Operations Aggregate $1,000,000
C. Personal and Advertising Injury $1,000,000
D. Each Occurrence $1,000,000
Above amounts may be met by umbrella form coverage in a minimum amount
of $1,000,000 aggregate; $1,000,000 each occurrence.
Owner shall name the City, its officers, agents, employees, and volunteers as
additional insured as its interests may appear on the above policy. Such coverage
shall not be canceled or materially altered except after thirty (30) days prior written
notice of such cancellation or material alteration to the Director of Utilities and
Operations of the City of Roanoke.
Owner shall indemnify and save harmless the City of Roanoke, its officials, officers
and employees, from all claims for injuries or damages to persons or property that
may arise by reason of the encroachment over public right-of-way.
The Roanoke Times
Roanoke, Virginia
Affidavit of Publicat~
The Roanoke Times
.................................................. + ...........................
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02068251
encroach./awning
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~hia. Sworn and subscribed before me this
_~____day of Februgry 2003. Witness my hand and
PUBLISHED ON: 02/07
TOTAL COST:
FILED ON:
124.20
02/18/03
hem~ liven thlt the
Signature: ..... _~___~_~ ................ Billing Services Representative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to allow the encroachment of an awning extending at least
eight feet and eight inches (8'8") above the sidewalk and approximately thirty (30) inches into the
public right-of-way at the comer of 1 West Campbell Avenue and Jefferson Street, S.W.
Pursuant to the requirements of §§15.2-1800(B), 15.2-2010 and 1813, Code of Virginia
(1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a
public hearing on the above matter at its regular meeting to be held on Tuesday, February 18, 2003,
commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of
the City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, February 13, 2003.
GiVEN under my hand this 4.th day of February 2003.
Mary F. Parker, City Clerk.
H/NOTICES/N ENCROACH AWNING021803 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, February 7, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
CIT,Y.. OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
February 21,2003
File ~42-373
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36247-021803 authorizing the City Manager to enter
into a lease and management agreement with Advantis Real Estate Services Co., for lease
and management of the City Market Building, commencing March 1,2003 and terminating
February 29, 2004, upon certain terms and conditions; and dispensing with the second
reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Tuesday, February 18, 2003, and is in full force and
effect upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc: Timothy D. Allison, Senior Property Manager, Advantis Real Estate Services Co.,
707 East Main Street, Suite 1400, Richmond, Virginia 23219
Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director, Economic Development
Barry L. Key, Director, Office of Management and Budget
Jeffrey H. Powell, Director, General Services
Robert H. Bird, Acting Manager, Purchasing
Scott L. Motley, Economic Development Specialist
H:gAgenda.03\February 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of February, 2003.
No. 36247-021803.
AN ORDINANCE authorizing the City Manager to enter into a lease and management
agreement with Advantis Real Estate Services Company, for the lease and management of the City
Market Building, upon certain terms and conditions; and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in
form approved by the City Attorney, a lease and management agreement with Advantis Real Estate
Services Company, for the lease and management of the City Market Building, commencing
March 1, 2003 and terminating February 29, 2004; such lease and management agreement shall be
for an initial term of one year, with an option to renew upon the mutual agreement of both parties for
an additional one (1) year term, with a lease rate of $1.00 per year and an annual management fee of
$24,000.00 for the first year, and $25,200.00 for the second year, and shall be upon the terms and
conditions as more particularly set forth in the City Manager's letter dated February 18, 2003 and the
attached lease and management agreement, to this Council.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
Februa~ 18,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice-Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Lease and Management of City Market
Building
Background:
In response to Request For Proposals #02-11-02 - Operational Management of the City Market
Building, advertised November 8, 2002, the City received four proposals for lease and
management of the Market Building. The review team interviewed all four firms and after
thoroughly reviewing each proposal and checking references, the team made a selection.
Advantis Real Estate Services Company was selected as the team's first choice to provide
services requested because of Advantis' depth of experience, specific experience with similar
operations, commitment to cleanliness, extensive Jeasing and marketing capability and
experience with tenant relations.
Recommended Action:
Authorize the City Manager to enter into a Lease and Management Agreement, substantially
similar in form to the attached agreement and approved by the City Attorney, with Advantis Real
Estate Services Company, for one year with one, one year renewal option. The management
fee the City will pay Advantis shall be $24,000 for the initial term and $25,200 for the renewal
term. Funds were appropriated by Council previously.
Respectfully subm~,,[t[ed,
Darlene L. Burch-~m
City Manager
Mayor Smith and Members of Council
Page 2
February 18, 2003
DLB:slm
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Department of Management and Budget
Robert H. Bird, Acting Purchasing Manager
Scott L. Motley, Economic Development Specialist
CM03-00029
LEASE AND MANAGEMENT AGREEMENT
THIS LEASE AND MANAGEMENT AGREEMENT (the "Lease" or "Lease
Agreement") is made and entered into this day of
by and between the City of Roanoke, Virginia, a municipal
corporation organized under the laws of the Commonwealth of Virginia ("Lessor" or
"City"), and .("Lessee"),
WITNESSETH:
WHEREAS, Lessor is the Owner of that certain parcel of land and the
improvements located thereon in the City of Roanoke, Virginia, known as the "City
Market Building", and bearing Official Tax No. 4010401 ( hereafter the "City Market
Building"); and
WHEREAS, Lessee has had experience in the operation, leasing and
management of retail centers comparable to the City Market Building; and
WHEREAS, Lessor desires to lease to Lessee the City Market Building and
retain Lessee to perform property management services with respect to the operation,
leasing and management of the City Market Building and other similar services required
by Lessor as more particularly set forth herein, and Lessee is desirous of providing such
services to Lessor.
NOW, THEREFORE, Lessor and Lessee intending to be legally bound hereby,
do agree that Lessor does hereby demise and lease unto Lessee, and Lessee does
hereby take and hire from Lessor, all such interest of Lessor in and to the Premises and
all appurtenances appertaining thereto for a term of one (1) year, with one, one (1) year
renewal option at Lessor's discretion with 90 days notice, in consideration of the
following covenants, agreements, terms, provisions, conditions and limitations, and for
other good and valuable consideration.
ARTICLE ONE
LEASE OF BUILDING
Section 1.1 Leased Premises. Lessor hereby leases to Lessee, subject to and
upon the terms and conditions hereinafter set forth, those certain premises known as
the City Market Building, consisting of approximately 36,990 square feet of restaurant
and retail space, hereinafter referred to as the "Leased Premises."
Section 1.2 Lessor's Warranties. Lessor represents and warrants that:
A. Lessor is the sole Owner in fee simple of the City Market Building and has
full right and power to grant the estate demised and to execute and perform this Lease;
B. The City Market Building is now and will remain free and clear of all
encumbrances created by Lessor which could adversely affect Lessee's leasehold
estate;
C. As of the date of execution of this Lease Agreement, the intended use of
the City Market Building for purposes stated herein is permitted by all applicable zoning
laws and regulations; and
D. As of the date of execution of the Lease Agreement, to the best of
Lessor's knowledge, the City Market Building complies with all applicable ordinances
regulations and zoning and other laws, and the use of the City Market Building for the
purposes stated herein
Section 1.3. Use of Leased Premises Lessee acknowledges that the Leased
Premises shall be used for the operation of a food and retail oriented shopping center.
The Leased Premises shall not be put to any other use without the prior written
consent of the City.
Section 1.4 Rent. For each year of the five-year term of this Lease Agreement,
Lessee agrees to pay Lessor an annual rental of ONE DOLLAR ($1.00), to be paid on
the first day of January of each year of the Agreement.
ARTICLE TWO
RETENTION OF LESSEE
Section 2.1 Retention of Lessee. Lessee hereby agrees to perform property
management services with respect to the day-to-day operation, leasing and
management of the City Market Building as described in Section 3.1 below.
Section 2.2 Diliqence of Lessee. Lessee hereby agrees to perform the
services required to be performed of it hereunder with reasonable care and reasonable
diligence, in a manner equivalent to other first-class professional property managers
performing similar services for projects of a like kind and size as the City Market
Building.
Section 2.3 Authority of Lessee. Subject to the limitations herein set forth, the
Lessee shall have the power and authority to implement the day-to-day managerial
decisions that are necessary in the performance of its obligations hereunder.
Section 2.4 Decisions and Representation. Lessor and Lessee shall each
designate a Representative to carry out the day-to-day duties and responsibilities of the
Lessor or Lessee, as the case may be under this Lease Agreement. Lessor's
Representative shall use reasonable efforts to respond to any decision or approval
requested by Lessee in accordance with this Agreement or if no time period is specified,
within three (3) business days of the request. Until otherwise notified, the Lessor's
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Representative is the City's Director of Economic Development, and the Lessee's
Representative is
ARTICLE THREE
SCOPE OF LESSEE'S SERVICES!
CERTAIN LIMITATIONS
Section 3.1 Scope of Lessee's Services. Lessee shall be responsible for
administrating and managing all sub-leasing, management and marketing services
necessary to operate and maintain the City Market Building in accordance with the
Approved Budget (as defined in Section 3.2), which services shall include but shall not
be limited to:
(a) Leasinq and Marketin.q. As part of its overall duties, Lessee shall use its
best efforts to lease all tenant leasable area in the City Market Building, which shall
become vacant from time to time during the term of this Agreement and to negotiate all
sub-leases and renewals thereof upon terms and conditions approved in writing by
Lessor. As part of this leasing program, the following provisions shall be applicable:
(i) Lessee shall advertise, through signage and promotional packages, all
existing space in the City Market Building which becomes vacant or may become
vacant and shall investigate all offers and inquiries; and
(ii) Lessee shall keep Lessor notified of the leasing status of the City Market
Building; and
(iii) Lessee shall at all times during the term of this Lease Agreement use
reasonable efforts to solicit and cooperate with outside brokers under Such terms
as are customary in the industry; and
(iv) Lessor shall approve a standard sub-lease form for the City Market
Building (hereinafter called the "Sub-Lease Form"). Lessor reserves the right to
approve all deviations from the approved Sub-Lease Form and all lease exhibits
and work letters to be utilized in connection with the City Market Building; and
(v) Lessee shall supervise the Tenants' Association and administer and
coordinate the ongoing marketing and promotion programs for the City Market
Building.
(b) Lease Obli.qations, Lessee shall perform all duties of the landlord under
all sub-leases insofar as such duties relate to the operation, maintenance and day-to-
day management of the City Market Building. All duties not assumed by Lessee as the
landlord under the sub-leases shall remain with Lessor. Lessor agrees to reimburse
Lessee for any damage or liability incurred by Lessee resulting from Lessor's action or
inaction in the performance of any of its duties and obligations retained as Owner of the
City Market Building, including but not limited to those maintenance obligations
remaining with the Lessor as more specifically enumerated in Section 3.1(c), below.
Lessee shall use its best efforts to enforce the performance by sub-tenants of all
requirements of their respective sub-leases and the observance of all rules and
regulations of the City Market Building by all reasonable means including the
commencement of legal proceedings, it being understood and agreed that Lessee shall
notify Lessor of all enforcement actions.
(c) Maintenance. In accordance with the Approved Budget, Lessee will
service and maintain the Leased Premises in good repair, condition and appearance
during the term of this Lease, ordinary wear and tear excepted, and Lessee will make all
non-structural repairs or replacements of every kind or nature which may be required to
be made for any reason in connection with Lessee's use of the Leased Premises.
Lessee shall be responsible for the routine maintenance of the Leased Premises
in accordance with the Approved Budget. Routine maintenance shall include, but not be
limited to:
Changing light bulbs
Keeping electric wiring, toilets, water pipes, gas, water and electric fixtures in
good working order
Replace all locks, trimmings, glass and plate glass broken during tenancy
Unstop all water fixtures which may become choked
Elevators, escalators, lifts, machinery or appliances
Regular maintenance of mechanical and electrical equipment including changing
filters and proper maintenance of HVAC equipment as needed
Lessee shall communicate with Lessor at regular intervals regarding the
maintenance of the Leased Premises and the condition of such equipment contained
therein. Lessee shall keep Lessor informed when repairs or replacements are required
to roofing system, structural foundation, walls, exterior canopies, utility and service
lines, electrical, plumbing, mechanical systems or other equipment within the facility.
Such repairs or replacements, as mentioned above may be arranged by Lessee, given
Lessor's approval and paid at Lessor's cost.
Lessor and Lessee acknowledge and agree that Lessor shall be responsible for
all structural repairs and replacements. Structural repairs and replacements are defined
as repairs or replacements which include, but are not limited to, repairs or replacements
to electrical wiring, heating and air conditioning systems, toilets, water, water pipes, gas,
plumbing, and other electrical fixtures, and the exterior walls.
(d) Personnel. Lessee shall, at all times, employ at Lessee's expense
qualified personnel who shall be employees or independent contractors of Lessee for
the performance of Lessee's duties hereunder. All persons so hired shall be the
employees or independent contractors of Lessee and not of Lessor. Lessee shall
employ through maintenance experts, at Lessor's expense and consistent with the
Approved Budget, the personnel required to carry out Lessee's duties under Section
3.1. Lessee shall use due care in the selection and supervision of such employees or
4
independent contractors. Lessee shall comply with all applicable employment laws.
Lessee shall be responsible for the preparation of and shall timely file all payroll tax
reports and timely pay all withholding and other payroll taxes with respect to each
employee. It is expressly understood and agreed by the parties that subject to the
provisions of Section 3.1 (m) below but otherwise notwithstanding anything contained
herein the contrary, Lessee is solely responsible for all labor relation functions with
respect to its personnel (including its independent contractors) performing services for
the City Market Building including, without limitation, hiring, discipline, training, wages,
taxes, benefits and the like.
(e) Manaqement Office. Lessor shall provide, without cost, to Lessee for a
term co-terminus with this Lease Agreement, unfurnished office space in the City
Market Building sufficient to enable Lessee to perform its duties hereunder.
(f) Compliance with Laws and Agreements. Lessee shall use its best
efforts to manage the City Market Building so that it will comply with (i) all federal, state
and municipal laws, ordinances, regulations and orders relating to the use, operation,
repair and maintenance of the City Market Building, (ii) the terms of all agreements and
documents relating thereto which Lessee has been given copies including, but not
limited to, Lessor's insurance policies covering the City Market Building, (iii) the rules,
regulations or orders of the local Board of Fire Underwriters or similar body, and (iv)
laws and regulations of the Health Department. Lessee shall promptly notify Lessor and
use its best efforts to remedy (with Lessor's approval and for Lessor's account) a
violation of any law, ordinance, rule, regulation or order which comes to its attention.
Any such violations caused by Lessee, its employees, and agents shall be for Lessee's
account.
(g) Utilities. Lessor shall assume primary responsibility for establishing
contracts and paying all necessary bills for fuel, oil, electric and gas utilities. Subject to
the limitations set forth herein, Lessee shall arrange contracts for snow removal,
landscaping, telephone, maintenance, vermin extermination and other services as are
customarily furnished or rendered in connection with the operation of similar first-class
facilities, or as Lessee in its reasonable judgment, shall deem prudent, in accordance
with the Approved Budget (as hereinafter defined).
(h) Expenses. Lessee shall analyze all bills received for services, work and
supplies in connection with maintaining, promoting, leasing and operating of the City
Market Building and pay all items described herein in accordance with the Approved
Budget.
(i) Collection of Rents and Other Income. Lessee shall use diligent efforts
to collect all rents (including fixed rents, percentage rents and other sums, whether
payable as additional rent or otherwise, together with escalation billings resulting from a
sub-tenant's participation in increases in expenses, taxes and common area
maintenance charges) and all other charges of whatever kind or nature which become
due at any time from any sub-tenant or other users of the City Market Building. Lessee
shall collect and identify any income due Lessor from miscellaneous services provided
to sub-tenants or the public including, but not limited to, sub-tenant storage, building
5
services or coin operated machines of all types as well as amounts due from any other
parties under license, service and other agreements. All money so collected shall be
deposited in an account to be established by the City of Roanoke. Lessee shall obtain
and review statements of sales furnished by sub-tenants to support their payment of
percentage rentals or other sums or deductions and, if so directed by Lessor, audit or
cause to be audited, at the expense of Lessor, the books of account of all or a portion of
such tenants. Lessee shall request, demand, collect and, where appropriate, institute
legal proceedings to enfome Lessor's rights at law and in equity under all sub- leases of
the City Market Building, provided that Lessee may not, without the prior written
approval of Lessor, terminate any sub-lease, institute suit nor create any obligation for
payment of legal fees.
(j) Bankinq Accommodations. Lessee shall establish and maintain a
separate checking account to pay all reimbursable expenses on behalf of the Lessor.
All monies collected by Lessee on Lessor's behalf are to be deposited in the
predetermined City account. Detailed records of amounts deposited by Lessee into
this account are to be maintained by Lessee. No monies collected by Lessee on
Lessor's behalf shall be commingled with funds of Lessee. Such accounts shall be
maintained, and monies shall be deposited therein and withdrawn therefrom, in
accordance with the following:
(i) Collections of rent and any other income and security deposits due in
respect of the City Market Building shall be deposited by Lessee in the
appropriate account no later than the business day following receipt by Lessee in
its offices.
(ii) The Lessee's separate checking account is to be used for the payment of
all costs and expenses for which Lessor is responsible under this Agreement, in
accordance with and subject to the terms of this Agreement.
(iii) All security deposits thereafter received by Lessee from sub-tenants shall
be deposited into the City Account. City's account. Lessee shall maintain, in
reasonable detail, records with respect to such deposits. At such times as a sub-
tenant is entitled to a return thereof, Lessee shall notify Lessor of the need to
retum such deposits by a disbursement from the Lessor. Lessor shall reimburse
Lessee for any damages or liability incurred by Lessee resulting from Lessor's
failure to return to any sub-tenant all or a portion of any security deposit to which
such sub-tenant is entitled under applicable law.
(k) Sub-Tenant Relations. Lessee shall maintain businesslike relations with
the sub-tenants of the City Market Building. Lessee shall maintain files on sub-tenant
service requests and complaints.
(I) Correspondence. Lessee shall maintain a correspondence file containing
copies of all written communications with all sub-tenants, contractors and other third
parties relating to the City Market Building. Copies of such correspondence file shall be
made available to Lessor, at Lessor's expense, upon request.
6
(m) Labor Disputes. Lessee shall use commercially reasonable efforts to
avoid any labor disputes with its personnel (including its independent contractors) and
with Lessor's consent (subject to the provisions of Section 7.5 below) shall settle, any
such labor disputes in such a manner and at such cost as shall be approved by Lessor in
its sole discretion.
(n) Other Services. As part of Lessee's general duties, Lessee shall
recommend from time to time to Lessor such procedures with respect to the City Market
Building as Lessee may deem advisable for the most efficient and economic
management and operation thereof and shall perform all other reasonable management
services which normally are performed in connection with the operation of a first-class
property and perform all activities normally provided to similar premises. Lessee shall
render advice and assistance to Lessor (in conjunction with other appropriate third party
consultants) in the negotiation and prosecution of all claims for the abatement of property
and other taxes affecting the City Market Building and for awards for taking by eminent
domain affecting the City Market Building or any portion thereof:
(o) Disclosure of Affiliations. Lessee shall promptly disclose to Lessor any
financial interest other than the holding of stock in a public company between
Lessee and any persons or entity with which Lessee may propose to deal in any
manner in connection with the discharge of its functions under this Agreement and
obtain Lessor's written consent to any dealings between Lessee and any of its
affiliates, which consent will not be unreasonably withheld or delayed.
(p) Inspection. Lessee shall permit Lessor or its authorized agents to enter
the City Market Building for the purpose of inspection of any reasonable time or times
and upon reasonable notice during the term of this Lease provided, however, that such
inspections shall not unreasonably interfere with Lessee's use and occupancy of the City
Market Building.
(q) Lessee's Obliqation to Quit Premises. Lessee shall, upon the expiration
or termination of this Lease Agreement, peaceably quit and deliver to Lessor possession
of the City Market Building in the same, or better condition as of the date of
commencement, normal wear and tear and damage caused by fire or natural disaster
excepted, and shall promptly clean up and remove all personal property and non-fixture
items in the City Market Building.
Section 3.2 Approved Budgets.
(a) On or before February 1 of each calendar year (with the exception of 2003,
which shall be on or before May 1), Lessee shall prepare and deliver to Lessor for its
approval a detailed budget for the next fiscal year beginning July 1 of (i) the projected
revenues for the next succeeding fiscal year (including, without limitation, all revenues to
be derived from all leases and all sums received in lieu thereof) and (ii) all ordinary and
extraordinary costs and expenses to be incurred by or on behalf of Lessor during the next
succeeding fiscal year in connection with the management, operation, leasing,
maintenance or repair of the City Market Building including, but not limited to, all sums
payable under service contracts, insurance premiums, estimated costs and expenses of
7
capital repairs and improvements, and estimated sums payable to outside brokers)
necessary to operate the City Market Building in a first class manner, all in reasonable
detail with each category of revenue and expense listed on a separate line. If Lessor
disapproves of any such proposed budget, Lessee and Lessor shall work together in a
diligent manner until an Approved Budget has been achieved. Each budget which has
been approved by Lessor pursuant to the provisions of this Section 3.2 is herein called an
"Approved Budget."
(b) Lessee agrees to use its best efforts to ensure that the actual costs of
managing, maintaining and operating the City Market Building shall not exceed the
Approved Budget in total. All expenses shall be charged to the proper account in
accordance with the budget and no expenses may be classified or re-classified for the
purpose of avoiding expenditures in excess of the annual budgeted amount for an
accounting category. Lessee shall have the right to suggest revisions to the Approved
Budget from time to time and Lessor agrees to consider such suggestions and revisions
and to work together with Lessee to achieve a revised Approved Budget. During each
fiscal year, Lessee agrees to inform Lessor of any increase in costs and expenses, which
were not foreseen during the budget preparation process and thus, were not reflected in
any Approved Budget or that would cause total expenditures under an Approved Budget
to exceed the total budgeted amount.
Section 3.3 Accountin,q Records and Reports.
(a) Books and Records. At all times during the term of this Agreement,
Lessee shall maintain in accordance with sound and customary business practices or as
otherwise requested by Lessor, complete books, records and accounts on a cash basis.
Said books, records and accounts shall be the property of Lessor, provided that internal
records of the Lessee or any affiliate shall not be the property of the Lessor, and shall be
available to Lessor for examination in accordance with the provisions of Section 3.3(d)
below. All such books, records, accounts, supporting documentation relating thereto shall
be maintained either at Lessee's office or at the City Market Building and shall include
and not be limited to all bank statements, canceled checks, bank deposit slips and bank
re-conciliations; all invoices and other documentation supporting cash expenditures;
supporting documentation for payroll, payroll taxes and employee benefits; check
registers, billing journals, accounts receivable reports, accounts payable reports, cash
receipts journals and distribution registers.
(b) Monthly Statement. On or before the twentieth (20) day of each month,
Lessee shall deliver to Lessor a detailed, unaudited cash basis statement showing for the
fiscal year period all revenues, receipts, expenditures and disbursements for the
preceding month (the "Monthly Statement") which Monthly Statement shall, among other
things (i) accurately reflect all revenues and expenses, each by relevant category of the
Approved Budget or in the case of unbudgeted revenues, receipts, expenses and
disbursements on an itemized basis; (ii) compare on a monthly and year-to-date basis
actual income and expenses with the estimated revenues and expenses set forth in the
Approved Budget; and (iii) show all collections, delinquencies, uncollectible items,
vacancies and other matters pertaining to the management and operation of the City
Market Building during the preceding month.
8
(c) Insurance Required by Law. Lessee shall execute and file when due all
forms, reports and returns required by law pertaining to the employment of Lessee's
personnel.
(d) Lessor's Riqht to Audit. After notice to Lessee and during normal
business hours, Lessor and any person chosen by Lessor shall be entitled to audit all
records and data possessed by Lessee or under control of Lessee or any Affiliate (as
hereinafter defined) of Lessee relating to the City Market Building wherever located.
(e) Fidelity Bonds. Lessee shall carry Employee Dishonesty Insurance on all
employees of Lessee or its Affiliates in an amount to be determined by Lessor.
Section 3.4 Services Not Included. Except as may be specifically set forth to
the contrary herein and except as otherwise authorized by Lessor and agreed to by
Lessee the following services are not included within the scope of the duties to be
performed by Lessee hereunder:
(a) Arranging for or obtaining any financing for the City Market Building or any
part thereof;
(b)
tenants;
Making examinations or audits of books of the City Market Building or sub-
(c) Making or paying sub-tenant allowances or the costs of alterations,
improvements or changes to the City Market Building
Section 3.5 Certain Limitations. Without limitation of any other provision
hereof, it is expressly understood and agreed that the following limitations and restrictions
shall apply with respect to the performance by Lessee of its duties hereunder:
(a) Lessee shall not and shall have no authority to implement any item or incur
any other liability or expense whatsoever which is not expressly provided for in the then-
current Approved Budget without obtaining the prior written approval of Lessor, which
approval shall be granted or withheld by Lessor in its sole discretion. Notwithstanding the
foregoing, in case of a bona-fide emergency involving a risk to the health or safety of
persons or material damage or injury to property, Lessee may, on behalf of Lessor, incur
such liability or expenses as reasonably required to meet the emergency and Lessee
shall notify Lessor of said emergency as soon as is reasonably practicable following the
occurrence thereof.
ARTICLE FOUR
PAYMENT OF EXPENSES
Section 4.1 Lessor's Expenses. Except as otherwise specifically provided
herein, Lessee shall not be responsible for the payment out of its own funds of any of the
following items, and will be reimbursed by the City for any such expenses as applicable.
(a) Management Fee and Reimbursable Expenses of Lessee;
(b) Utility Charges; and
(c)
Commissions paid to outside brokers.
ARTICLE FIVE
LESSEE'S COMPENSATION
Section 5.1 Manaqement Fee. Lessor shall pay Lessee a monthly management
fee (the "Management Fee") of . As used herein,
the term "Gross Revenues" shall mean the following amounts actually received by
Lessor: fixed and pementage rent billed to by sub- tenants of the City Market Building, all
billings to sub-tenants which are attributed to maintenance of the common areas,
insurance premiums and, except as set forth below, all other miscellaneous revenues
related to and derived from the City Market Building. In computing the Management Fee
due pursuant to this Agreement, the term "Gross Revenues" shall not be deemed to
include any of the following: (i) proceeds of any Disposition (as hereinafter defined),
insurance proceeds (other than proceeds of rental or business interruption insurance),
condemnation proceeds, the proceeds of any loan or capital contribution made to Lessor,
(ii) rent paid by sub-tenants in excess of pre-holdover rent payable under the applicable
leases upon a holding over under their lease in excess of pre-holdover rent payable
under the applicable leases, (iii) security deposits and any income earned thereon, (iv)
interest earned on funds which are deposited in the appropriate account.
Any Incentive Fees, defined as amounts in addition to the Management Fee for
superior performance by the Lessee in the management and operation of the City Market
Building, will be negotiated between Lessor and Lessee will be paid to Lessee annually.
Section 5.2 Brokeraqe Fee. If an outside broker procures or cooperates in
procuring any sub-lease of space in the City Market Building, Lessor shall be solely
responsible for payment, directly from Lessor's funds, of any sums or commission due to
such pay the outside broker. The Lessee shall endeavor to negotiate, on behalf of the
Lessor, the most favorable possible commission structure with outside brokers consistent
with Lessor's and Lessee's goals to lease all tenant leasable area in the City Market
Building and in connection therewith, to generate interest in the City Market Building by
outside brokers.
ARTICLE SlX
TERM AND TERMINATION
10
Section 6.1 Term. Unless earlier terminated in accordance with this Article 6,
the term of this Agreement (the "Term") shall commence on March 1, 2003, and shall
terminate on February 29, 2004 (the "Termination Date").
Section 6.2 Termination for Default. If at any time during the Term of the
Agreement either Lessee or Lessor shall be in Default (as defined in Section 7.1 below)
under this Agreement, then the non-defaulting party may, at its option, and in addition to
any other remedies provided under Virginia law or equity or available to such non-
defaulting party at law or equity, terminate this Agreement by giving notice to the
defaulting party which specifies a date, not earlier than five (5) business days after the
giving of such notice, when such termination shall be effective.
Section 6.3 Termination Without Cause. Either Lessor or Lessee may
terminate this Agreement without cause upon one hundred eighty (180) days prior written
notice to the other party.
Section6.4 Termination Upon Casualty or Condemnation. If all or
substantially all of the City Market Building shall be (i) damaged or destroyed by fire or
other casualty or (ii) taken by lawful condemnation proceedings by any governmental
authority having jurisdiction thereof, this Agreement shall automatically terminate thirty
(30) days following the occurrence of either such event.
Section 6.50bliqations Upon Termination/Final Accountin.q. At the
Termination Date or upon the earlier termination hereof in accordance with the provisions
of this Article 6:
(a) Except as otherwise provided in this Section 6.5, neither party hereto shall
have any further liability to the other.
(b) Within ten (10) days following the Termination Date or effective date of such
earlier termination Lessee shall deliver to Lessor the following:
(i) A final accounting (the "Final Accounting") reflecting the earned but unpaid
portion of the Management Fee allocable to the period prior to the date of
termination and all unreimbursed Reimbursable Expenses due Lessee.
(ii) Any monies of Lessor or sub-tenant security deposits, or both, held by
Lessee;
(iii) All records, contracts, leases, receipts for deposits, unpaid bills and other
information or documents which pertain to the City Market Building; and
(c) Lessor hereby agrees to pay within ten (10) days of the receipt of the Final
Accounting, the full amount set forth on such Final Accounting or, if any portion is
in dispute, pay the portion not in dispute and fumish Lessee with a detailed
statement of the amounts in dispute and the basis for such dispute. Any such
disputed amount shall be paid within thirty (30) days after resolution of such
dispute.
11
ARTICLE SEVEN
DEFAULTS AND REMEDIES
Section 7.1 Default. Each of the following events shall constitute a "Default"
under this Agreement:
(a) If either party shall default in the payment of any amount due hereunder
and the same is not cured within ten (10) days following written notice thereof from the
non-defaulting party;
(b) Should any party fail in any respect to perform or observe any material
term, covenant or agreement contained herein on its part to be performed or observed of
a non-monetary nature and any such failure shall continue for thirty (30) days after written
notice thereof as given by the non-defaulting party; provided, however, if said default is
susceptible to cure but cannot, by the use of reasonable efforts be cured within thirty (30)
days, such default shall not constitute a Default under this Subparagraph 7.1(b) as long
as the defaulting party shall commence to cure such default within said thirty (30) day
period and thereafter it proceeds to cure such default continuously and diligently in a
manner reasonable satisfactory to the non-defaulting party; or
(c) If either party shall generally not pay its debts as such debts become due or
shall admit in writing its inability to pay its debts generally or shall make a general
assignment for the benefit of creditors or any proceeding shall be instituted by or against
any party hereto seeking liquidation, winding up, reorganization, arrangement,
adjustment, protection, relief or composition of it or its debts under any law relating to
bankruptcy, insolvency or reorganization or relief of debtors, or seeking the entry of an
order for relief or the appointment of receiver, or trustee or similar official for it or any
substantial part of its property which, if commenced is not dismissed within sixty (60)
days from the date of such commencement thereof.
Section 7.2 Remedies. In the event of the occurrence of a Default hereunder, in
addition to the right to termination set forth in Article Six above and any other remedies
specified elsewhere herein, the non-defaulting party shall retain all rights and remedies
available to it at law or equity.
Section 7.3 Attorney's Fees. In the event of the occurrence of a Default
hereunder, the prevailing party, in addition to its other rights and remedies hereunder,
shall have the right to recover from the party in Default all reasonable costs and
expenses incurred by the prevailing party enforcing its rights and remedies hereunder
including reasonable attorneys' fees.
ARTICLE EIGHT
INDEMNIFICATION~ LIABILITY AND INSURANCF
Section 8.1 Liability for Theft and Fraudulent Activity. Notwithstanding
anything contained herein to the contrary, Lessee shall be held strictly accountable for all
12
receipts and disbursements with respect to the operation of the City Market Building and
shall ensure such control over accounting and financial transactions as is required to
protect Lessor's assets under the control of Lessee from theft, error or fraudulent activity
on the part of Lessee's employees or other agents including, without limitation,
overpayment or duplicate payment of invoices or the receipt by Lessee's employees or
agents of any form of payment from purveyors arising from the purchase of goods or
services for the City Market Building.
Section 8.2 No Guarantee by Lessee. In no event shall any provision of this
Agreement be construed as a guaranty by the Lessee of (a) the actual operating costs
and expenses to be incurred by the Lessor in connection with the operations, sub-
leasing, marketing and maintenance of the City Market Building (b) the accuracy of the
plans and specifications prepared by architects or engineers, (c) the quality of work
performed by construction contractors and any other engineers, contractors,
subcontractors or other Consultants engaged in the operations, management, leasing,
marketing or maintenance of the City Market Building. The foregoing, however, shall not
relieve the Lessee of its obligation to use its commercially reasonable skill, judgment and
resources available to it in connection with the services to be performed by Lessee under
this Agreement.
Section 8.3 Mutual Indemnity. of Lessor. Without limitation of Section 8.1
above, or any other previsions of this Agreement Lessee agrees to indemnify, protect
and save Lessor harmless from and against and to reimburse Lessor with respect to all
loss, cost, liability and expense (including, but not limited to, reasonable attorneys fees)
which may be occasioned by the Default by Lessee, its employees, servants,
contractors, or agents under any of the provisions of this Agreement or by the
negligence or willful misconduct of Lessee or its employees, servants, contractors, or
agents.
Lessor hereby agrees to reimburse Lessee with respect to all loss, cost, liability and
expense (including, but not limited to, reasonable attorneys fees) which may be
occasioned by the Default by Lessor, its employees, servants, contractors, or agents
under any of the provisions of this Agreement or by the negligence or willful misconduct
of Lessor or its employees, servants, contractors, or agents.
Section 8.4 Insurance The Lessee shall, at its sole expense, obtain and maintain
during the life of this Agreement, the insurance policies required by this Section. Any
required insurance policies shall be effective prior to the beginning of any work or other
performance by the Lessee under this Agreement. The following policies and coverage
are required:
1. The following minimum insurance requirements apply:
a. Workers' Compensation and Employers' Liability:
The Lessee shall obtain and maintain the following limits:
Workers' Compensation: Statutory
13
=
Employers' Liability: $100,000 bodily injury by accident each occurrence
$500,000 bodily injury by disease (policy limit)
$100,000 bodily injury by disease - each employee
b. Commercial General Liability:
Coverage is to be written on an "occurrence" basis, $1,000,000 minimum
limit per occurrence, and such coverage shall include:
Products/Completed Operations
Personal Injury and Advertising Injury
Bodily Injury/Property Damage
c. Automobile Liability:
Limits for vehicles owned, non-owned or hired/borrowed shall not be less
than:
$1,000,000 Bodily Injury and Property Damage combined single limit
d. Umbrella
$5,000,000 excess over the commemial general liability. Management
company only.
Proof of Insurance Coverage: The policies of insurance shall be pumhased from
a reputable insurer licensed to do business in Virginia and maintained for the life of
the Agreement by the Lessee Other insurance requirements include the following:
a. The Lessee shall furnish the City with the required certificates of
insurance showing the insurer, type of insurance, policy number, policy
term, and limits.
b. The required certificates of insurance shall contain substantially the
following statement: "The insurance covered by this certificate shall not be
canceled or materially altered except after a thirty (30) day written notice
has been received by the City Risk Management Officer."
c. The required certificates of insurance shall name the City of
Roanoke, its officers, agents, volunteers, and employees as additional
insureds except with regard to-workers' compensation and employers'
liability coverages. Workers' Compensation and Employer's Liability
coverages shall contain a waiver of subrogation in favor of the City.
Additional insured and waiver endorsements shall be received by the City
Risk Management Officer from the insurer within 30 days of beginning of
this contract. Endorsement stating that the umbrella coverage follows form
of the primary is required.
14
Section 8.5 Waiver of Subro.qation. Lessor and Lessee waive all rights against
each other for any liability, loss, cost or expense to the extent that same is covered by
insurance required under this Article Eight.
ARTICLE NINE
MISCELLANEOUS
Section 9.1 Deferred Maintenance and Refurbishment. Both Lessor and
Lessee recognize that there is a substantial amount of deferred maintenance at the City
Market Building which needs to be addressed. The Lessor and the Lessee agree to
proceed as expeditiously as possible consistent with available funding, with the
necessary work to correct these deferred maintenance items.
Section 9.2 Governinq Law. Lessee and Lessor agree that this Agreement
shall be constructed and interpreted in accordance with the laws of the State of Virginia.
Section 9.3 No Waiver. No failure by Lessee or Lessor to insist upon the strict
performance of any covenant, agreement, term or condition of this Agreement, or to
exemise any right or remedy consequent upon a breach thereof, shall constitute a waiver
of any such breach or any subsequent breach of such covenant, agreement, term or
condition. No waiver of any breach shall affect or alter this Agreement, but each and
every covenant, agreement, term and condition of this Agreement shall continue in full
fome and effect with respect to any other then existing or subsequent breach hereof.
Section 9.4 Enforceability. If any term or prevision of this Agreement or the
application thereof to any person or cimumstance shall, to any extent, be invalid or
unenfomeable, the remainder of this Agreement and the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, as the case may be, shall not be affected thereby, and each term and
provision of this Agreement shall be valid and enforceable to the fullest extent permitted
by law.
Section 9.5 Notice. Any notice required or permitted under this Agreement shall
be in writing and deemed given when actually delivered or three (3) days following
deposit in the United States Mail, postage prepaid, as certified or registered mail, return
receipt requested, addressed to the party to which directed at its address as set forth
below, or to such other address as may be specified from time to time by either party in
writing:
If to Lessor:
If to Lessee:
15
Section 9.6 Assi.qnabilit¥: Successors and Assigns. This Agreement shall be
binding upon Lessor and Lessee and their respective partners, successors, permitted
assigns and legal representatives. Notwithstanding the foregoing, because of the
personal nature of the services to be rendered by Lessee hereunder, Lessee may not
assign or otherwise transfer any part of Lessee's rights or obligations under this
Agreement without the prior written consent of Lessor, which consent may not be
withheld arbitrarily. Lessee acknowledges and agrees that Lessor may assign its interest
in this Agreement.
Section 9.7 Execution in Counterparts. This Agreement may be executed in
several counterparts, each of which shall be an original, but all of which shall constitute
but one and the same instrument.
Section 9.8 Amendments in Writing. Neither this Agreement nor any term or
provision hereof may be changed, waived, discharged or terminated orally, but only by an
instrument in writing signed by both parties hereto.
Section 9.9 Captions, The captions to the Articles and Sections of this
Agreement are for convenience of reference only and in no way define, limit or describe
the scope or intent of this Agreement or any part hereof, nor in any way affect this
Agreement or any part hereof.
Section 9.10 Independent Contractor. Lessee shall be an independent
contractor with respect to all services to be performed hereunder. It is understood and
agreed that nothing contained in this Agreement or the performance hereof shall be
construed as creating any employment relationship whatsoever between Lessor and
Lessee or its agents and employees. Lessee agrees to handle the payroll for its
employees, withhold from the wages and salaries and make all tax filings and payments
with respect to such employees as is required by law.
Section 9.11 Construction. As used herein, all reference made (a) in the neuter,
masculine or feminine gender shall be deemed to have been made in all such genders;
(b) in the singular or plural number shall be deemed to have been made respectively in
the plural or singular number as well; and (c) to any Articles, Sections, Subsections,
Paragraph or Subparagraph shall be deemed, unless otherwise expressly indicated, to
have been made to such Article, Section, Subsection, Paragraph or Subparagraph of this
Agreement.
Section 9.12 Force Maieure. The obligations of the parties hereunder shall be
subject to rome majeure (which shall include lawful strikes, riots, floods, accidents, Acts
of God, and other causes or cimumstances beyond the control of the party claiming such
force majeure as an excuse) for nonperformance of such obligations.
Section 9.13 Taxes and Assessments. Lessee agrees that it will be responsible
for the payment of any leasehold taxes or other legal taxes, charges or assessments
imposed by virtue of its occupancy of the Leased Premises.
16
Section 9.14 Compliance with Laws. Lessee agrees to conform to and not to
violate laws, ordinances, rules, regulations, and requirements of federal, state, county,
municipal, or other governmental authorities and the various departments thereof now
existing or hereinafter created affecting Lessee's use and occupancy of the Leased
Premises.
Section 9.15 Fixtures. All fixtures, equipment, improvements, and
appurtenances permanently vacated to or built into the Leased Premises, whether or not
by or at the expense of Lessee, and any personal property of the Lessor or installed by
Lessor in the Leased Premises shall be and remain a part of the Leased Premises and
shall be deemed property of the Lessor and shall not be removed by Lessee.
All movable partitions, other business and trade fixtures, furnishings, furniture,
machinery and equipment, communications equipment, and other personal property
located in the Leased Premises and acquired by or for the account of Lessee without
expense to Lessor may be removed by Lessee at any time during the term hereof,
provided that Lessee shall repair any damage to the Leased Premises resulting from
such removal to the reasonable satisfaction of Lessor.
Section 9.16 Non discrimination. During the performance of this contract, the
Lessee agrees as follows:
Lessee will not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, sex, or national origin, except where
religion, sex, or national origin is a bona fide occupational qualification reasonably
necessary to the normal operation of the contractor. Lessee agrees to post in
conspicuous places, available to employees and applicants for employment, notices
setting forth the previsions of this nondiscrimination clause. Lessee, in all solicitations or
advertisements for employees placed by or on behalf of the Lessee, will state such
Lessee is an equal employment opportunity employer.
Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the requirements
of this section.
Lessee will include the provisions of this Section 9.16, in every subcontract or
sublease or purchase order for construction at the Leased Premises of over ten thousand
dollars ($10,000.00), so that the provisions will be binding upon each subcontractor,
sublessee or vendor. Any inadvertent failure by the Lessee to comply with the terms of
this Paragraph shall not be grounds for terminating this Lease Agreement.
Section 9.17 Druq-Free Workplace To Be Maintained By Contractor
The Lessee shall: (i) provide a drug-free workplace for the Lessee's employees;
(ii) post in conspicuous places, available to employees and applicants for employment, a
statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited in
the Lessee's workplace and specifying the actions that will be taken against employees
17
for violations of such prohibition; (iii) state in all solicitations or advertisements for
employees placed by or on behalf of the Lessee that the Lessee maintains a drug-free
workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or
pumhase order of over $10,000, so that the provisions will be binding upon each
subcontractor or vendor. For the purpose of this subsection, "drug-free workplace"
means a site for the performance of work done in connection with this contract.
For the purposes of this section "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a contractor
in accordance with this chapter, the employees of whom are prohibited from engaging in
the unlawful manufacture, sale, distribution dispensation, possession or use of any
controlled substance or marijuana during the performance of the contract.
Section 9.18 Peaceful Enjoyment. Lessor covenants and agrees that if and so
long as Lessee shall pay the rent called for under this Lease as the same shall become
due and shall keep all the covenants and agreements required by it to be kept during the
Lease and shall perform all its other obligations hereunder, Lessee shall have the
peaceful and quiet occupation and enjoyment of the Leased Premises.
Section 9.19 Covenants and Conditions. Each provision of this Lease
Agreement shall be deemed to be both a covenant and a condition running with the land
unless otherwise provided.
Section 9.20 Conveyances. if Lessor sells, conveys or passes title to the
Leased Premises, the Lessee shall be bound by the terms and conditions herein to the
new Lessor of the Leased Premises, and the new Lessor shall take title subject to this
leasehold interest.
Section 9.21 Severability. If any clause or provision of this Lease Agreement is
or becomes illegal or unenfomeable because of present or future laws or rules or
regulations of any governmental body or entity, effective during the term of this Lease
Agreement, the intention of the parties hereto is that the remaining parts of this Lease
Agreement shall not be affected thereby unless such clause or provision is, in the
reasonable determination of both Lessee and Lessor, essential and material to their
respective rights, in which event either party shall have the right to terminate this Lease
Agreement upon thirty (30) days' written notice to the other party.
Section 9.22 No Broker. The parties covenant that this Lease Agreement was
directly negotiated between them and no broker was involved in bringing about this
Agreement. No claim of a broker's fee shall be made against either party.
Section 9.23 Waiver of Subrogation. Each of the parties to this Lease
Agreement hereby waives all causes of action and rights of recovery against the other
party, and their respective heirs, administrators, successors, officers, employees, agents
and assigns for any loss or damage occurring to the Leased Premises, or the
improvements, fixtures, merchandise and personal property of every kind located in and
about the Leased Premises resulting from any perils covered by insurance regardless of
cause or origin, including the negligence of either party, their respective heirs,
administrators, successors, officers, employees, agents and assigns to the extent of any
18
recovery under a policy or policies of insurance. To the extent necessary to effect the
foregoing waiver of subrogation, each of the parties agree to obtain from their respective
insurance carriers endorsements to such policies of insurance waiving the right of
subrogation of the insurance carrier.
Section 9.25 Entire A.qreement. This Agreement shall constitute the entire
agreement between the parties with respect to the subject matter hereof and supersede
all prior negotiations, statements, instructions, correspondence, communications,
representations, warranties or agreements either written or oral.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day
and year first above written.
CITY OF ROANOKE, VIRGINIA
ATTEST:
Mary F. Parker, City Clerk
ATTEST:
By
Darlene L. Burnham, City Manager
LESSEE
By
(title) (title)
STATE OF VIRGINIA §
CITY OF ROANOKE §
The foregoing instrument was acknowledged before me this day of
., 2002, by Darlene L. Burcham and Mary F. Parker, City Manager and City
Clerk, respectively, of the City of Roanoke, Virginia, for and on behalf of said City.
My Commission expires:
[SEAL]
Notary Public
STATE OF
CITY OF
19
The foregoing instrument was acknowledged before me this day of
,2002, by and ., the and
, of ., for and on behalf of said
Corporation.
My Commission expires:
[SEAL]
Notary Public
2O
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02068268
Historic City Mkt. B
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~ia. Sworn and subscribed before me this
~_ _~__ da~ of Febru/gry 2003. Witness my hand and
mm s' ×p -res .... .
PUBLISHED ON: 02/07
TOTAL COST: 108.10
FILED ON: 02/18/03
Floor, ~ C. ~ MLW~lpel
Authorized
Signature:
Billing Services Representative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to award a contract for the lease and management of the
Historic City Market Building.
Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on February 18, 2003, commencing at
7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the
City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this heating, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, February 13,
2003.
GIVEN under my hand this /4th day of February ,2003.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Friday, February 7, 2003.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
H \NOTICES/N-CITYMARKETBUILD1NG021803 DOC
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
February 7, 2003
File ¢¢42-51-57-107-373
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, the following matters have been advertised for public
hearing on Tuesday, February 18, 2003, at 7:00 p.m., in the City Council Chamber:
(1)
Proposal of the City of Roanoke to award a contract for lease
and management of the Historic City Market Building.
(2)
Proposed amendment to the following sections of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as
amended: §36.1-164, Permitted uses, and §36.1-185,
Permitted uses, to remove medical clinics as a permitted use
in the CN, Neighborhood Commercial District, and the C-1,
Office District; and amending and reordaining §36.1-165,
Special exception uses, and §36.1-186, Special exception
uses, to add medical clinics as a use permitted by special
exception in the CN, Neighborhood Commercial District, and
the C-1, Office District.
(3)
Proposal of the City of Roanoke to allow encroachment of an
awning extending at least eight feet and eight inches above the
sidewalk and approximately 30 inches into the public right-of-
way at the corner of One West Campbell Avenue and
Jefferson Street, S. W.
N:\CKMHI\Public Hearings.O3\February 18.Council Ittr.wpd
The Honorable Mayor and Members
of the Roanoke City Council
February 7, 2003
Page 2
With kindest personal regards, I am
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Elizabeth A. Neu, Director of Economic Development
Willard N. Claytor, Director, Real Estate Valuation
William M. Hackworth, City Attorney, transmitted electronically by e-mail
Steven J. Talevi, Assistant City Attorney
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
Stephanie M. Moon, Deputy City Clerk
Sharon A. Mougin, Executive Secretary, City Manager's Office, transmitted
electronically by e-mail
N:\CKMHI\Public Headngs.03\February 18.Council Ittr.wpd
(PAGE 1 OF 2)
A Resolution Opposing Unilateral Preemptive Military Action Against lraq
by the United States of America.
Whereas: The United States is part of the family of nations, and a charter member of the United
Nations, subscribing to its principles, including Article 2(4), which states that "All Members shall
refrain in the international relations from the threat or use of force against the territorial integrity or
political independence of any state" except in self-defense, responding to an armed attack, under Article
51;
And Whereas: The City Council of Roanoke, Virginia agrees with the articles of the United Nations
Charter and the principles of international law on the peaceful resolution of disputes:
And Whereas: The people of Roanoke have the deepest respect for those service men and women who
are willing to risk their lives to protect the United States;
And Whereas: A preemptive war against iraq will place the lives of people of the United States and
military personnel in unnecessary jeopardy;
And Whereas: The best support we can offer our troops is to extend all eflbrts to pull the country back
from the brink of war;
And Whereas: A war in Iraq could cost the U.S. government over $100 billion, not including the cost
of occupying and rebuilding Iraq, an amount that could go a long way to meeting our health and
education needs;'
And Whereas: A better use of federal resources would be to help local communities and states address
fiscal deficits without raising taxes or cutting valuable programs that benefit working people and the
poor;
And Whereas: A preemptive war on lraq will create substantial challenges to international relief
agencies and their efforts to provide humanitarian aid to the civilian populations of Iraq;
And Whereas: There are viable alternatives to going to war that have not been exhausted. These
include but are not limited to:
· Providing sufficient time and resources for weapons inspectors to complete their mission.
· Tightening enforcement of the UN weapons embargo.
· Expanding programs to secure and safely destroy WMD stockpiles in the lbrmer Soviet Union.
· Declaring that the U. S. A. will not seek the violent overthrow of the Iraqi regime if Iraq
cooperates with the UN weapons inspections.
· Discontinuing the bombing of Iraqi military installations.
· Reducing U. S. oil dependency.
· Pursuing regional WMD disarmament.
· Redoubling U. S. diplomatic eflbrts to bring about a just and peaceful settlement to the Israeli-
Palestinian conflict.
· Ending the UN economic sanctions on Iraq;
(PAGE 2 OF 2)
And Whereas: The people of the City of Roanoke and their local elected officials have thc
constitutional right, indeed duty, to petition the national government on this matter of grave concern to
our community, as part of the national and international debate now underway:
And Whereas: It is in the best interests of our country, and for peace among the nations of the world,
for the United States to act in concert with the United Nations and not unilaterally, t.o bring about Iraq's
compliance to disarmament of any weapons of mass destruction;
The City Council of Roanohe, Virginia Resolves:
That We Oppose the U.S. threatened violation of the United Nations Charter by unilateral, preemptive
military action against the sovereign nation of Iraq, and the dangerous precedent such action would
establish; and that we urge the President and Congress to work with and through the United Nations to
obtain compliance by Iraq with United Nations Security Council resolutions; and that we assert that war
should not to be undertaken unilaterally or preemptively by the U.S.
A copy of this resolution will be forwarded to President George W.Bush, Virginia Senators George
Allen and John Warner and Representative Bob Goodlatte.
ADOPTED this 18th day of February, 2003
FEB-14-2003 11:05 STANLEY LIB FERRUH COL 540 365 4423 P.01/03
Date: February 14, 2003
To: Mary Parker
Fax: 540-853-1145
Following is the text of the resolution that we would like
to present to Council members at the Tuesday, February
18 Council 7:00 p.m. meeting.
Thank you for agreeing to circulate this to council
members.
As I mentioned on the phone, I will leave you a voice
mail message with name (and spelling) of the
individual(s) who will be presenting this resolution.
Thank you again,
George W. Loveland
540-365-4427 (day)
540-489-5377 (evening)
540-365-4423 (fax)