HomeMy WebLinkAboutCouncil Actions 04-07-03 CARDER
36270-040703
ROANOKE CITY COUNCIL
REGULAR SESSION
APRIL 7, 20O3
9:00 A.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--Roll Call.
(Vice-Mayor Harris and Council
Members Dowe and Wyatt arrived
late.)
A communication from Mayor Ralph K. Smith requesting that Council
convene in a Closed Meeting to discuss a special award, being the Shining Star
Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as
amended.
File #110-132
Approved (4-0)
A communication from Mayor Ralph K. Smith requesting that Council
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)(1), Code of Virginia (1950), as amended.
File #110-132
Approved (4-0)
A communication from the City Manager requesting that Council convene in
a Closed Meeting to discuss acquisition of real property for public purpose,
where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the City, pursuant to Section 2.2-3711
(A)(3), Code of Virginia (1950), as amended.
File #2-132-166
Approved (4-0)
A communication from the City Manager requesting that Council convene in
a Closed Meeting to discuss acquisition of real property for public purpose,
where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the City, pursuant to Section 2.2-3711
(A)(3), Code of Virginia (1950), as amended.
File #2-132-166
Approved (4-0)
AT 9:05 A.M., THE COUNCIL MEETING WAS DECLARED IN
RECESS TO BE IMMEDIATELY RECONVENED IN THE
EMERGENCY OPERATIONS CENTER CONFERENCE ROOM,
ROOM 159.
2
COUNCIL WORK SESSION
APRIL 7, 2003
9:00 A.M.
ROOM 159
AGENDA
(All Council Members were present.)
2.
o
Items listed on the 2:00 p.m. Council docket requiring discussion/
clarification; and additions/deletions to the 2:00 p.m. docket. (25 minutes)
Topics for discussion by the Mayor and Members of Council. (15 minutes)
· Council/School Board Fiscal Year 2003-04 Budget Study
Session (May 8 at 8:30 a.m.).
Briefings by City staff:
· Fleet Management, City Manager - (30 minutes)
· Stormwater, City Manager (30 minutes)
· Debt policy, Director of Finance (20 minutes)
AT 12:05 P.M., THE COUNCIL MEETING WAS DECLARED IN
RECESS TO BE RECONVENED AT 2:00 P.M. IN THE COUNCIL
CHAMBER.
3
ROANOKE CITY COUNCIL
REGULAR SESSION
APRIL 7, 2003
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--Roll Call. (All Present)
The Invocation was delivered by the Mayor Ralph K. Smith.
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 Wednesday, April 9, 2003,
at 7:00 p.m., and Sunday, April 13, 2003, at 4:00 p.m. Council meetings are
now being offered with closed captioning for the hearing impaired.
4
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.
2. PRESENTATIONS AND ACKNOWLEDGMENTS:
The Mayor welcomed Hye-Ryeon Hong, Medical Records Specialist, and
Hyun-Sook Jung, a Registered Nurse, from Wonju, Korea, Roanoke's
Sister City, who were visiting the Roanoke Valley to observe operations at
Lewis Gale Medical Center and the Pediatric Department at Community
Hospital.
File #221-327
Proclamation declaring the month of April 2003, as Scottish American History
and Heritage Month.
File #3
Proclamation declaring the month of April 2003, as Fair Housing Month.
File #3-178
Proclamation declaring April 6 - 12, 2003, as Building Safety Week.
File #3-32
Proclamation declaring April 6 - 12, 2003, as Boys and Girls Club Week.
File #3-304
Proclamation declaring April 13
Telecommunicator's Week.
File #3-262
- 19, 2003, as National Public Safety
J
CONSENT AGENDA
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1
Minutes of the regular meetings of Council held on Monday, February 3,
2003, and recessed until Tuesday, February 4, 2003; and Tuesday, February 18,
2003.
RECOMMENDED ACTION: Dispense with the reading thereof, and
approve as recorded.
C-2
A communication from the City Manager requesting that Council
schedule a public heating for Monday, April 21, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to vacation of a sanitary
sewer easement across property located on Hidden Oak Road, S. W., identified
as Official Tax Nos. 5050220 - 5050222, inclusive.
RECOMMENDED ACTION: Concur in the request.
File #27-28
C-3
A communication from the City Manager requesting that Council
schedule a public hearing for Monday, April 21,2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to conveyance of
City-owned property located at 540 Church Avenue, S. W., identified as
Official Tax No. 1113414, to the YMCA of Roanoke Valley, Inc., upon certain
terms and conditions.
RECOMMENDED ACTION: Concur in the request.
File #100-166
C-4 A communication from Robert L. Humphreys tendering his resignation
as a member of the Roanoke Arts Commission.
RECOMMENDED ACTION:
File #110-230
Accept the resignation and receive and file
the communication.
C-5 Qualification of the following persons:
Gilbert E. Butler, Jr., D. Kent Chrisman and Henry Scholz
as members of the City Planning Commission, for terms
ending December 31, 2006;
7
Sherman V. Burroughs as a member of the Fair Housing
Board, for a term ending March 31, 2006; and
William White, Sr., as a member of the Hotel Roanoke
Conference Center Commission, for a term ending April 8,
2007.
RECOMMENDED ACTION: Receive and file.
File #15-110-178-200-247
REGULAR AGENDA
The following persons will be accorded the public interview for the
position of Trustee, Roanoke City School Board, on Thursday, April 24,
2003, at 4:30 p.m.:
File #467
Dennis M. Binns
F. B. Webster Day
Tiffany M. Johnson
Gloria P. Manns
Kathy G. Stockburger
David B. Trinkle
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
ao
A request of Habitat for Humanity in the Roanoke Valley, Inc., to
present a faux check representing property taxes, permit fees, and local
sales taxes paid to the City, and to discuss new house designs. David
Camper, President; and Tom Dalzell, Member, Board of Directors,
Spokespersons. (10 minutes) (Sponsored by the City Manager.)
No action.
File #79-178-399
bo
A request of Family Service of the Roanoke Valley to address Council
with regard to National Youth Services Day. Laura Boutwell, United
with Youth Coordinator, Spokesperson. (10 minutes) (Sponsored by
the City Manager.)
No action.
File #304
A request of the Roanoke City Public Schools to present an update on
the Career and Technical Education Program. Scott Meadows,
Coordinator, Marketing and Community Engagement. (10 minutes)
(Sponsored by the City Manager.)
No action.
File #467
do
A request of the Roanoke Regional Airport Commission, to present the
proposed 2003 -04 Operating Budget, and proposed capital expenditures.
Jacqueline L. Shuck, Executive Director, Spokesperson. (10 minutes)
(Sponsored by the City Manager.)
Adopted Resolution No. 36270-040703. (7-0)
File #9-60
9
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
A communication recommending appropriation of $31,200.00 for
repayment of 78 positions, in connection with an agreement
between the City of Roanoke, First Union National Bank and the
Fifth District Employment and Training Consortium relating to
jobs in Enterprise Zone One.
Adopted Budget Ordinance No. 36271-040703. (7-0)
File #60-246-266-369
A communication recommending transfer of $124,500.00 in
connection with restoration of Fire Station No. 1, located at 13
East Church Avenue.
Adopted Budget Ordinance No. 36272-040703. (7-0)
File #60-70-216
A communication recommending transfer of $1,365,100.00 in
connection with renovation of the First Street Bridge.
Adopted Budget Ordinance No. 36273-040703.
Smith and Council Member Wyatt voted no.)
File #60-102
(5-2, Mayor
A communication recommending acquisition of certain property
rights in connection with the Fire Administration Building
Project.
Adopted Ordinance No. 36274-040703. (6-1, Council Member
Wyatt voted no.)
File #2-32-70
10
o
A communication recommending execution of a Business
Associate Agreement with companies that receive health
information; and amendment to the health care plan, dental plan
and flexible spending account plans to include the Health
Insurance Portability and Accountability Act of 1996 privacy
requirements.
Adopted Resolution No. 36275-040703. (7-0)
File #58-184
A communication recommending execution of Change Order
No. 2 to the contract with Golder Associates, Inc., for ground
water exploration investigation and work, in connection with
development of additional water sources to increase the City's
water supply, in the amount of $369,835.00; an option agreement
to purchase property located at 1905 Riverdale Road, S. E., to be
used as a well site; and appropriation of funds in connection
therewith.
Adopted Budget Ordinance No. 36276-040703 and Ordinance
Nos. 36277-040703 and 36278-040703. (7-0)
File #2-60-468
CITY ATTORNEY:
A report transmitting an ordinance amending the City Code to
provide that the Director of Real Estate Valuation will be
appointed by and report to the Director of Finance, effective
August 1, 2003.
Adopted Ordinance No. 36279-040703. (7-0)
File #1-24-162-184
DIRECTOR OF FINANCE:
Financial report for the month of February 2003.
Received and filed.
File #1-10
11
A report recommending approval of a City of Roanoke Debt
Policy.
Adopted Resolution No. 36280-040703. (7-0)
File #439
7. REPORTS OF COMMITTEES: NONE.
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
ao
Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Council Member Dowe requested that the City Manager investigate
the feasibility of improved signage for motorists exiting 1-581 at the
Colonial Avenue exit.
File #77-107
Council Member Cutler commended the City's Director of Utilities,
Mike McEvoy, upon receipt of the 2002 Construction Management
Achievement Award from the National Capital Chapter of the
Construction Management Association of America for management
of the City's new Crystal Spring Filter Plant.
File #80-330-468
Council Member Cutler advised that the new Urban Forestry Plan
will be included on the Council's April 21 agenda for consideration
which calls for aggressive reforestation in the City of Roanoke.
File #132-240
12
Council Member Wyatt commended the Roanoke Express hockey
team which is now in the playoffs. She advised that the next game
will be held on April 8 and if the Express is successful, it will
proceed to the second round of playoffs.
File #346-388
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.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., requested that businesses
along Route 460 be advised of upcoming events at the Roanoke Civic
Center, in order that they may be properly staffed to accommodate
additional customers. He commended City staff on their hard work to
clean up the City following the snow/rain event on Sunday, March 30. He
expressed disappointment that he was not selected to be interviewed for
a position on the Roanoke City School Board.
File #66-77-192-410-467
Mr. Robert Gravely, 3360 Hershberger Road, N. W., quoted Bible
scripture, and referred to his Constitutional rights with regard to freedom
of speech.
File #66
Ms. Lacy Hamblin, 628 Day Avenue, S. W.; Ms. Doretha Lipford, 629 Day
Avenue, S. W., and Ms. Stephanie Lipford, 629 Day Avenue, S. W.,
addressed Council in connection with a dog that was shot by a City
Animal Control Officer on March 11. The matter was referred to the City
Manager for report.
File #5-54
13
12. CITY MANAGER COMMENTS:
The City Manager called attention to three occasions over the
weekend when she was reminded of the greatness of the City of
Roanoke and its citizens; i.e.: Clean Valley Day on Saturday, April
5 that demonstrated the level of volunteerism by persons committed
to cleaning up the City; remarks by Alex Garvin, Adjunct Professor,
Urban Planning and Management, Yale University, member of a
team that will be responsible for the rebuilding of New York City,
who was favorably impressed with the City of Roanoke and
specifically the City Market area; and the remarks of Danielle Yu,
a professional harpist, who previously lived in the Roanoke area and
considers Roanoke to be her second home. The City Manager
advised that often times, when dealing with problems or tragedy, we
fail to see the assets of our community, and Roanoke's greatest asset
is its citizens.
File #42-80-265
The meeting was declared in recess at 3:45 p.m. for four Closed Meetings..
CERTIFICATION OF CLOSED MEETING. (6-0, Council Member
Carder left the meeting during the Closed Meeting.)
Kristi Pedelty was appointed to the Roanoke Arts Commission to fill the
unexpired term of Will Trinkle, resigned, ending June 30, 2004.
File #15-110-230
AT 5:10 P.M., THE COUNCIL MEETING WAS DECLARED IN
RECESS UNTIL FRIDAY, APRIL 11, 2003, AT 12:00 NOON, FOR THE
REGIONAL LEADERSHIP SUMMIT LUNCHEON TO BE HOSTED BY
VIRGINIA TECH AT VIRGINIA TECH'S DONALDSON BROWN
HOTEL & CONFERENCE CENTER AND ALUMNI HALL (OLD
GUARD ROOM), BLACKSBURG, VIRGINIA.
14
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
April 7, 2003
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss a special award, being the Shining Star
Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended.
Sincerely,
Mayor
RKS:sm
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
April 7, 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.
cerely,
Mayor
RKS:sm
N:/cksml~Agenda.O3/C~osed Session on Vacancies Wpd
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
April 7, 2003
The Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Subject: Request for closed meeting
Dear Mayor Smith and Council Members:
This is to request that City Council convene a closed meeting to discuss the
acquisition of real property for a public purpose, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy of
the City, pursuant to §2.2-3711 .A.3, of the Code of Virginia (1950), as amended.
Sincerely,
'Darlene L. Burcham
City Manager
DLB/f
C;
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
CITY OF ROANOKE
OFFICE OF 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: w-~w.roanokegov.com
April 7, 2003
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Subject: Request for closed meeting
Dear Mayor Smith and Council Members:
This is to request that City Council convene a closed meeting to discuss the
acquisition of real property for a public purpose, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy of
the City, pursuant to §2.2-3711 .A.3, of the Code of Virginia (1950), as amended.
Sincerely,
City Manager
DLB:f
C:
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
CITY OF ROANOKE
M A NTAGF. R~.:m- CLERK
OF
N~I C. Taylor M~dp~ Bufld~g
215 ~urch Avenue, S.W., Room
Ro~oke, V~a 24011-1591
Telephone: (~)
Fax: (~) 8~-11~
G~Web: ~.r~o~g~.~m
April 14, 2003
Honorable Ralph K. Smith, Mayor
HonOrable C. Nelson Harris, V~ce 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: Drainage
CapitaIImprovement Program
At the April 7, 2003 stormwater utility briefing, Council requested a copy of the current Drainage
CIP project list. Below is a brief background of this program followed by a copy of the current
project / st.
Background:
· Stormwater management has been an issue for the City of Roanoke since it was
established in the [ate 1800's. Over the decades, many capital drainage projects have
been constructed to address our highest priority drainage problems. The majori~ of
buildings constructed in the City, were built prior to the existence of any regulations
restricbng floodplain development.
· The City entered the National Flood Insurance Program in 1981 when the first floodplain
maps were completed and our citizens were' able to purchase flood insurance. Since
then, property owners in the City of Roanoke have received more insurance payments for
flood damages than any other community in Virginia.
· $15 million was spent in the 1980's on construction of drainage projects in the VVilliamson
Road area.
· November 4, 1985 brought the worst flood in the history of the Roanoke Valley at a cost
of hundreds of millions of dollars in damages and 8 lives.
· In 1989, a $7.5 Million bond referendum was passed for the Roanoke River Flood
Reduction Project.
· In the early 1990's, $4 million was allocated for flood reduction improvements in the
Peters Creek watershed. Three of four phases have been completed, and the final phase
is being developed to address the most vulnerable of the remaining 150 flood-prone
structures in this area.
· Over $11 Million was been spent on other drainage projects constructed since 1985.
C:\temp~C.Lotus. Notes. Data\Drainage CIP 4-14-03.doc
ANNUAL PROGRESS REPORT
ROANOKE VALLEY REGIONAL STORMWATER MANAGEMENT PLAN
Date: Apd114, 2003
Page 2
· In 1997, $2.6 million was approved in the City's last bond referendum to include money
for drainage projects.
· Both the City of Roanoke and Roanoke County adopted the Roanoke Va ey Regional
Stormwater Management Plan into their officia|Comprehensive Plans in 1998.
Current situation:
Funding: The City of Roanoke currently funds storm dra n projects through the Capital
Improvement Program, using bond funding. Attached is the list of current unfunded CIP
drainage projects. This i~st grows over time primarily as a result of upstream
development, as well as increasing citizen demands for higher levels-of-service. As
projects are identified they are prioritized, and then designed and constructed as funding
becomes ava able.
The Roanoke Valley Regional Stormwater Management Plan listed many homes and
businesses that cannot feasibly be protected from flooding by structural improvements
such as storm drains, bridge replacements, regional detention basins, and channelization.
Drainage problems at these homes and businesses must be so red by flood proofing,
elevating or purchase/relocation, depending on the expected depth.
The City of Roanoke Roanoke County, Salem & Vinton began a massive Elevaton
Cert f cate effort in 2000. These certificates provide detailed elevations for thousands of
floodplain buildings and allow for much more accurate assessments of current flood ng
v.ulne, rability, and .f, ut.ure flood.p,?ot .ection needs. About 85% of the City's 1,200 floodplain
s[ruc[ures curren[ly nave cer[mca[es.
The Roanoke River Flood Reduction Project is expected to begin in 2004. This project will
be a combination of channel widening and levy construction along 9 miles of the Roanoke
River within the City of Roanoke and will reduce annual flood damages a ong the Roanoke
River by approximately 50%. The recent flooding of businesses and homes would have
been prevented if this project had been in place. The current est mate for both phases is
approximately $64 million, with the City's share estimated at $23 million.
The City's Storm Water Phase II Virginia Pollution Discharge E mination System(VPDES)
permit application was submitted and accepted by the DEQ in March 2003. Under these
new regulations the quality of stormwater runoff from a land within the City m ts is now
regu ated. Roanoke's annual cost of compliance with this unfunded federal mandate is
currently estimated to be about $300,000 per year.
City Manager
DLB:PCS:ca
C:
Attachment A - current List of CIP Drainage Projects
Attachment B - Priority Index for Drainage Projects
William Hackworth, City Attorney
Mary Parker, City Clerk
Jesse Hall, Director of Finance
Robert Bengston Director of Public Works
A c a Stone, Budget Administrator
m o
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O0 00
E ~'° ~' ~
Office of the Mayor
CITY OF ROANOKE
ro lamation
WHEREAS,
the citizens of the City of Roanoke are proud to join with the
Scottish Society of the Virginia Highlands in recognizing the
unique history and contributions of Scottish Americans to this
country, and such distinguished Virginians of Scottish descent as
Patrick Henry, ,lames Monroe and Woodrow Wilson; and
WHEREAS,
the Declaration of Arbroath, the Scottish Declaration of
Independence (after which this country's Declaration of
Independence was modeled), was signed on April 6, 1320; and
WHEREAS, on March 21, 1998, the United States Senate passed a bill
establishing April 6 as National Tartan Day; and
WHEREAS,
the citizens of the City of Roanoke are encouraged to recognize the
achievements of Scottish Americans in the ftelds of science,
technology, medicine, government, literature and visual and
performing arts; and
WHEREAS, Scottish Americans are commended for their ongoing contributions
to our great country.
NOW, THEREFORE, L Ralph K. Smith, Mayor of the City of Roanoke, Virginia,
urge all citizens to join in this celebration, and do hereby proclaim April
2003, throughout this great All-America City, as
SCOTTISH AMERICAN HISTORY AND HERITA GE MONTH.
Given under our hands and the Seal of the City of Roanoke this seventh day of
AprR in the year two thousand and three.
ATTEST:
Mary F. Parker
City Clerk
Mayor
Office of the Mayor
CITY OF ROANOKE
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the Congress of the United States passed the Civil Rights Act of
1968, and Title VIII declared that the law of the land would now
guarantee the rights of equal housing opportunity,, and
the City of Roanoke has provided a Fair Housing Program for its
residents, and today many realty companies and associations
support fair housing laws; and
beginning in the month of April 2003 until April 2004, the Fair
Housing Board will carry out a full range of activities in
recognition of the 35tn Anniversary of the Federal Fair Housing
Act of 1968 and the 15th Anniversary of the Federal Fair Housing
Amendments Act of 1988 by conducting an extensive educational
program advising citizens of their rights to enjoy equal housing in
the City of Roanoke; and
equal housing opportunity is a condition of life in the City of
Roanoke that can and should be achieved, and all citizens are
encouraged to abide by the letter and spirit of the Fair Housing
Law.
NOW, THEREFORE, L Ralph K. Smith. Mayor of the City of Roanoke, Virginia,
do hereby proclaim the month of April, 2003, throughout this great All-
America City, as
Mary I~ Parker
City Clerk
FAIR HOUSING MONTH.
Given under our hands and the Seal of the City of Roanoke this seventh day of
April in the year two thousand and three.
ATTESTS. ~~
Ralph K~ Smith
Mayor
Office of the Mayor
CITY OF ROANOKE
ro :lamalion
WHEREAS, the United States has the highest level of building safety in the
world; and
WHEREAS,
the International Code Council, in partnership with dedicated
building safety and fire officials, architects, engineers and the
construction industry, develops and enforces the codes that
safeguard our homes, schools and the buildings in which we work,
thereby allowing comfort and security of structures that are safe
and sound; and
WHEREAS,
construction codes provide reasonable safeguards to protect
citizens from dangerous situations such as snowstorms in the
North, hurricanes in the Southeast, tornadoes in the Midwest,
forest fires in the Southwest and earthquakes on the West Coast;
and
WHEREAS,
Building Safety Week sponsored by the International Code
Council, provides an opportunity to educate the public; it is a time
to increase public awareness of the life safety services provided by
local and state building departments and federal agencies; and
WHEREAS,
the theme of Building Safety Week is, "Safe Buildings Save Lives,"
and encourages the awareness of building safety and appropriate
steps to improve the built environment.
NOW, THEREFORE, L Ralph K Smith, Mayor of the City of Roanoke, Virginia,
encourage all citizens to improve building safety at home and in the community
and to participate in Building Safety Week activities, and do hereby proclaim
April 6- 12, 2003, throughout this great All-America City, as
BUILDING SAFETY WEEK.
Given under our hands and the Seal of the City of Roanoke this seventh day of
April in the year two thousand and three. /~~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
ATTESZ'
Office of the Mayor
CITY OF ROANOKE
ro ama iou
WHEItEAS, the young people of the City of Roanoke are the leaders of
tomorrow; and
WHEREAS,
many such young people need professional youth services to help
them cope with a wide range of social and financial hardships;
and
WHEREAS,
there are six Boys & Girls Club organizations in the Roanoke
Valley/New River Valley, which provide services to more than
1,500 young people annually; and
WHEREAS,
WHEREAS,
Boys & Girls Club organizations are at the forefront of efforts in
providing diverse activities in the areas of Character and
Leadership Development, Education and Career Development,
Health and Life Skills, Arts and Sports, Fitness and Recreation;
and
Boys & Girls Club organizations in the state help to ensure that
young people are kept off the streets by offering them a safe and
supportive place to go and providing them with quality programs;
and
WHEREAS,
Boys & Girls Clubs of the Roanoke Valley, along with
approximately 3, I O0 Clubs and more than 3. 3 billion young people
nationwide, will celebrate National Boys & Girls Club Week 2003.
NOW, THEREFORE, I, Ralph K Smith, Mayor of the City of Roanoke, Virginia,
call upon all citizens ta join in recognizing and commending the Boys &
Girls Club organizations for providing comprehensive, effective services
to the young people in our communities, and do hereby proctaim April
6 - 12, 2003, throughout this great All-America City, as
BOYS & GIRLS CLUB WEEK.
Given under our hands and the Seal of the City of Roanoke this seventh day of
April in the year two thousand and three.
Mary F. Parker
City Clerk
mtlamation
WHEREAS,
WHEREAS,
WHEREAS,
emergencies can occur at any time, and the prompt response of
police officers, firefighters and paramedics is critical to the
protection of life and the preservation of property; and
the safety of police officers and firefighters is dependent upon the
quality and accuracy of information obtained from citizens who
telephone the Roanoke City E-911 Center; and
public safety dispatchers are the first and the most critical contact
that citizens have with emergency services, and they are the single
vital link for police officers and firefighters by monitoring
activities by radio, providing information and insuring safety; and
WHEREAS, public safety telecommunicators of the Roanoke City
Communications Center have contributed substantially to the
apprehension of criminals, suppression of fires and treatmen! of
patients, and each dispatcher has exhibited compasston,
understanding and professionalism during the performance of
their duties,
NO~, THEREFORE, I, Ralph K. Smith, Mayor of the City of Roanoke, Virginia,
in honor of the men and women whose diligence and professionalism keep
the City and its citizens safe, do hereby proclaim the week of April 13 -19,
2003, throughout this great All-America City, as
NATIONAL PUBLIC SAFETY TELECOMMUNICATOR'S WEEK.
Given under our hands and the Seal of the City of Roanoke this seventh day of
April in the year ~vo thousand and three.
ATTEST: ~
Mary F. Parker
City Clerk
· Ralph K, Smith
Mayor
C-1
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 3, 2003
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
February 3, 2003, at 9:00 a.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Re.qular Meetin.qs, Code of the City of Roanoke (1979), as amended; and
pursuant to Resolution No. 36193-010603 adopted on January 6, 2003, which
changed the time of commencement of the regular meeting of Council to be held on
the first Monday in each month from 12:15 p.m., to 9:00 a.m.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., and Mayor Ralph K. Smith ................................................... --4.
ABSENT: Council Members William H. Carder, C. Nelson Harris and Linda F.
Wyatt ......................................................... --3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
At 9:05 a.m., the Mayor declared the meeting in recess.
At 9:15 a.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with Mayor Smith presiding, and all
Members of the Council in attendance, with the exception of Council Member Carder.
Page I of 57
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
COUNCIL:
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
QUESTIONSIDISCUSSIONICLARIFICATIONIADDITIONS AND DELETIONS: Council
Member Cutler referred to agenda item 4.a., in connection with the rezoning of land
by the Northwest Neighborhood Environmental Organization and Robert Crowder
in the 500 block of Loudon and Centre Avenues, N. W., and the impact of such
rezoning on the business of Quality Produce Company. He stated that the proposed
ordinance does not reflect the concerns expressed by Quality Produce Company at
the Council meeting on Tuesday, January 2'1, 2003, that the business will not be
harmed by construction of the proposed new housing complex across the street
from its operation.
The City Attorney advised that it is not known how Quality Produce Company
will operate in the future; the attorney for Quality Produce has requested that the
City take the position that his client is a good corporate citizen; however, the City
Attorney advised that the City should issue no more than a general statement
relating to the business inasmuch as Council is not authorized to give away police
powers of the City.
The City Manager advised that at the 2:00 p.m., Council session, it would be
appropriate for a member of Council to advise that the matter was discussed during
the Council's 9:00 a.m. work session, that Council is concerned about the potential
adverse impact on the business of Quality Produce Company, but the Council is not
in a position to issue a letter that would have the affect of assuring Quality Produce
that it will not be interfered with in the future. She called attention to plans of NNEO
for additional landscaping that would act to some extent as a sound barrier,
however, the current budget of NNEO may not contain funds to accommodate
additional landscaping at this time.
Council Member Wyatt offered a suggestion that there be full disclosure to all
occupants prior to moving into the NNEO housing units that there could be noise in
the early morning hours as a result of the operation of Quality Produce Company;
whereupon, the Director of Planning and Code Enforcement advised that he would
confer with the City Attorney and the Executive Director of NNEO prior to the
2:00 p.m. Council meeting to determine if they would be amenable to the suggestion.
Page 2 of 57
With regard to Council agenda item 6.a.7, which is a communication from the
City Manager in connection with the Virginia Pollutant Discharge Elimination
System General Permit Registration Statement for Storm Water Discharges, Mr.
Cutler inquired if the City's Environmental Protection Administrator would be
present for the 2:00 p.m. Council session to be commended on his work;
whereupon, the City Manager advised that Mr. Truntich was out of the City, but
would be advised of the Council's remarks.
With regard to Council agenda item 6.a.6, which is a communication from the
City Manager recommending transfer of funds for traffic calming initiatives, Council
Member Wyatt expressed concern with regard to transferring the funds from the
Valley View Boulevard Exchange budget. She requested more information on how
the funds will be allocated, and advised that Williamson Road residents have been
patient in regard to traffic needs in the Valley View area and have waited patiently
for Phase II of the Valley View project, however, it now appears that the remaining
funds are proposed to be transferred to another account. She inquired about the
potential impact to the Valley View Interchange project if the funds are used for
another purpose and requested more specific information on the City Manger's
proposed traffic calming initiatives before voting to allocate the recommended
funds.
The Director of Public Works advised that the Valley View Interchange project
is closed out, with no further charges anticipated to be accrued. He stated that
Phase II of the Valley View project is 10-15 years in the future on the list of Virginia
Department of Transportation projects for future implementation.
The City Manager advised that traffic calming expenditures will be used for
Memorial Avenue, Grandin Road, Williamson Road, and the Bullitt/Jamison Corridor
which are the latest "hot button" topics discussed by the City for traffic calming.
She further advised that City staff has brought each of the above mentioned traffic
calming projects to Council for briefings; however, if the majority of the Council is
not ready for staff to proceed on the specific projects, staff should be advised
accordingly. She stated that the item can be withdrawn from the Council agenda to
allow for specific work sessions on each traffic calming project, which can be
followed by a vote of the Council.
Page 3 of 57
It was stated that it would be helpful for Council to know the priority of traffic
calming areas to be addressed by the City and costs pertaining to each project. It
was also stated that if the other loop of the Valley View Boulevard Interchange is not
to be completed for another 10 - 15 years, the City should put the funds to use now,
and the City should work with VDOT to provide more aesthetically pleasing signage
when leaving Valley View Mall.
BRIEFINGS BY CITY STAFF:
CHURCH AVENUEPARKING STUDY:
The City Manager advised that studies have been completed in the past of
various aspects of the community, some of which have been adopted and others
have been used as tools by City staff, but were not officially presented to the
Council. She called attention to a study of the western section of the downtown
area, or the Jefferson Center area, that suggested over the long term that there
would be a need for some type of parking facility. She explained that as the City
reviewed the construction/design of Phase II of the Police Building on Campbell
Avenue, the issue of parking for the facility, as well as certain other locations in the
area was discussed, including the soon to be ground breaking for the new YMCA,
increased usage at the Jefferson Center as a venue for numerous activities, and
reuse of the Cotton Mill Building. She stated that at her request, City staff
commissioned a parking study that would take into account all of the needs, along
with parking for the courthouse and other buildings along Church Avenue; the
study has been completed and while City staff does not have a specific conclusion
to recommend to the Council as to location, size and cost, it was considered to be
advantageous to share the information with Council prior to consideration of the
Capital Improvements Program budget and departmental budgets over the next
several months.
The City Engineer presented a map of the study area which spans from
Second Street on the east, to 7th Street on the west, and Campbell Avenue on the
north down to Marshall Avenue. He advised that four sites were identified by the
consultant, the purpose of which was to include both active and planning projects
in the Church Avenue west corridor, encompassing Phase II expansion of the Police
Building, the new YMCA Aquatic Center, potential renovations and expansion of th®
courthouse building, and the Jefferson Center, etc. He explained that a detailed
inventory of every parking supply in the area was provided by time of day, all
stakeholders were identified, including the Jefferson Center, YMCA, Red Cross,
Oakey's Funeral Home, municipal activities, courts and jail activities, and proposed
Page 4 of 57
use of the Cotton Mill. He advised that the consultant collected all of the pediment
data and built parking supply and demand curves to look at parking demand for
each stakeholder based on time of day and weekend activity.
He explained that the study concluded that for a typical weekday, there is a
deficit of approximately 454 parking spaces in the study area, based on a peak
demand for about 930 spaces; peak period generally occurs between the hours of
10:00 a.m. and 2:00 p.m., and there are currently about 533 spaces in the study area
which leaves a deficit of about 450 spaces. He advised that the study identified a
potential shortfall for Saturday afternoon/evening performances at the Jefferson
Center, which calls for a peak demand of 560 spaces, with only 286 currently
available parking spaces. In addressing the parking deficit, he advised that
structured parking of some kind is likely, at a cost in the range of $10,000.00 per
space up to about $15,000.00 not including land costs, engineering, etc., for a 500
space parking garage in the price range of $5 - $7.5 million in construction costs;
and called attention to potential partners, some of which include the YMCA and the
Jefferson Center. He advised that the consultant identified the following sites: Luck
Avenue site which is the surface lot owned by the City, the site of the existing YMCA
building which is a parcel of land that will be owned by the City when the new YMCA
building is completed, and the site directly behind the police building on Church
Avenue which is privately held; and other potential sites located on Campbell
Avenue and owned by The Roanoke Times, and the Salem Avenue property that was
destroyed by fire. He explained that from the perspective of City staff, there is a
demand for 500 parking spaces to be located somewhere in the proximity of the
study area; City staff is looking at the pluses and minuses of each of the potential
sites; and staff will prepare a Capital Improvements Program project for Council's
consideration as a part of the budget process.
During a discussion by Council, the following points were made: City staff
should be cognizant of the need to design a facility that will fit in with the character
of the area; First Baptist Church should be approached as a potential stakeholder;
and Roanoke is not a walking community, so there could be a need for two smaller
facilities, as opposed to one large parking facility to address the parking issue at the
Jefferson Center/YMCA and other locations closer to downtown Roanoke.
The City Manager advised that in establishing the location, no one site will
satisfy the needs of all stakeholders; however, her commitment to staff has been,
and is in concert with the City's Comprehensive Plan, that the City does not wish
to build any more surface parking lots, but prefers to build structures on parking
lots. Additionally, she stated that government should build on the more challenging
locations and leave the prime spots for future development by the private sector.
Page 5 of 57
it was suggested that as City staff studies the parking garage issue, it should
also explore the feasibility of a shuttle bus system, making it more cost effective
to construct a larger parking garage, as opposed to two smaller parking garages.
The City Manager advised that City staff will review methods of financing and
a recommendation will be forwarded to Council at a later date.
FIRST STREET BRIDGE:
The City Manager advised that some time ago, a status report was presented
to the Council regarding renovation/rehabilitation of the First Street Bridge as a
pedestrian bridge and, at that time, the direction from Council was to delay any
additional work on the bridge until the Outlook Roanoke Plan was updated; City staff
was instructed to cease any further design, and in the meantime construction of the
Gainsboro Bridge proceeded. She further advised that the Outlook Roanoke Plan
brought forth the recommendation that the bridge should also be vehicular; and
when consultants reviewed the bridge configuration, it was determined that there
would be sufficient space for only one-way vehicular traffic and it was suggested
that traffic should be directed into the downtown area. She stated that with
adoption of the Outlook Roanoke Plan by the City Planning Commission and City
Council, additional design work was completed and the purpose of the briefing was
to present Council with the latest design sketches for rehabilitation of the First
Street Bridge. She indicated that this particular design is in concert with adoption
of the Outlook Roanoke Plan for a vehicular bridge, with one way traffic into the City
and a pedestrian walkway, and it will be necessary to request additional funding by
Council.
Ms. Wyatt advised that previously when considering the Outlook Roanoke
Plan, she was assured that adoption of the Plan did not mean that the First Street
Bridge would automatically be a vehicular bridge. The City Manager responded that
staff has completed the work and is prepared to brief Council on both cost and
design issues, however, there are funding issues which require additional direction
from the Council as soon as possible. She called attention to the need to move
forward with improvements to the First Street Bridge, because in its current
condition, the bridge represents unfinished business and provides a sense of
uncertainty about the City's plans.
The City Engineer advised that the existing bridge is in poor condition, was
previously closed because of its condition, and has been closed for over two years.
He presented information on the current concept which features a new bridge that
very closely resembles the old bridge that would be designed to carry vehicles and
pedestrians in one direction from north to south. He further advised that the
Page 6 of 57
concept provides that existing stone piers will be used on either side with moderate
rehabilitation work, a new steel truss structure will be constructed that will appear
exactly the same as the existing truss bridge, with a concrete deck supported by
four steel girders underneath, the pedestrian walkway would be on the same side
as it currently exists and varies in width from about seven feet narrowing down to
5.5 feet in one spot, a one vehicle lane up to 12 feet wide, a concrete walkway at
Salem Avenue, the existing ramp would be replaced and support piers would be
changed, a new descending ramp will be constructed, and a pedestrian walkway will
be constructed on the east side of the bridge, with one way vehicular traffic to the
west.
The City Engineer explained that the remainder of the features, in concept,
include landscaping design with period lighting fixtures similar to those in the
Historic Gainsboro neighborhood, sidewalk improvements from the north end of the
bridge, and a handicap ramp that would be used to accommodate the parking
garage. He stated that project cost is estimated at $2.2 million, and approximately
$700,000.00 is currently identified for the First Street Bridge, therefore, there is a
budget issue to be addressed.
Mr. Cutler advised that Explore Park would be interested in the First Street
Bridge in the event it is to be recycled.
The City Manager advised that the $2.2 million includes $275,000.00 for
removal of railroad signals and Norfolk Southern has been requested to consider
that as their cost, however, no response has been received to date. She further
advised that a pedestrian bridge with an elevator on the south side would cost
approximately $1.1 million.
Vice-Mayor Harris advised that when the elevator was designed, the Council
at that time operated on the premise that the First Street Bridge would be a
pedestrian bridge; there is a substantial cost differential between pedestrian only
and pedestrian/vehicular of approximately $1 million; the goal has been to create
pedestrian activity with the Henry Street Project, the Higher Education Center, and
the railside linear walk, therefore, the First Street Bridge creates the necessary link
between these pedestrian-oriented concepts; and the City has made a significant
investment to make the Second Street Bridge vehicular. He stated that he did not
see a great need to make the First Street Bridge a one-way vehicular bridge because
once the bridge is crossed in the direction of the Higher Education Center, one of
the other vehicular arteries will have to be used to exit the area. He indicated that
all things taken into consideration, the original concept is still the best concept --a
pedestrian only bridge, and he encouraged Council to make a decision as soon as
possible so that the City can move forward on design of the First Street Bridge.
Page 7 of 57
In view of the costs involved, Council Member Bestpitch advised that it would
be short sighted on the part of the City not to make the bridge one way
vehicular/pedestrian. He stated that the more opportunities that are provided for
persons to access The Hotel Roanoke, the Dumas Artistic Center, RNDC
development, etc., the more they will want to come back to the area for future
events. He advised that while there is some additional cost involved, it represents
a reasonable amount of additional money when compared to the amount of traffic
that will use the bridge.
Council Member Cutler advised that regardless of whether the First Street
Bridge is vehicular or not, one of the potential uses is that it be a part of the Lick
Run Greenway, and the Roanoke Valley Greenway Commission acknowledges
telephone calls regularly from persons attending meetings at The Hotel Roanoke
who inquire about 3k or 5k jogging paths from The Hotel Roanoke to various
destinations. He stated that he is in favor of encouraging pedestrian use of the
bridge, with or without vehicular traffic.
Council Member Wyatt spoke to the concept of providing a picnic shelter for
use by school children visiting the area which could be constructed in the vicinity
of the First Street Bridge. She stated that if the bridge is pedestrian, more persons
will have the opportunity to visit those venues in the area that Roanoke wishes to
showcase.
There was discussion in regard to the cost of constructing a pedestrian bridge
with no elevator.
Council Member Dowe suggested that the City of Roanoke propose that the
First Street Bridge be named the Dr. Martin Luther King, Jr. Memorial Bridge. He
called attention to discussions with various organizations in the community and
advised that there does appear to be a consensus within the City regarding the
possibility of naming of the First Street Bridge in memory of Dr. King, with the
understanding that the First Street Bridge may, or may not, be the first or the last
thing that will be named in memory of Dr. King.
Ms. Wyatt advised that as a pedestrian bridge, the First Street Bridge could
serve as a history walk to highlight the life of Dr. King and his role in the Civil Rights
movement, it could serve as a teaching tool for the community in general, and it
could serve as a symbol to bridge the community, which is what Dr. King's life was
about.
Page 8 of 57
Mr. Cutler concurred in the remarks of Mr. Dowe and inquired as to the
feasibility of providing a shuttle bus to cross the bridge, eliminating the need for
vehicular traffic.
There was discussion in regard to public input on the proposal to name the
bridge in memory of Dr. King; whereupon, it was noted that the proposal of Mr. Dowe
meets the criteria of the Dr. Martin Luther King, Jr. Committee that was appointed
by the City Manager to study and submit recommendations for a fitting memorial to
Dr. King.
Vice-Mayor Harris moved that Council vote on the question of whether the
First Street Bridge will be vehicular/pedestrian at its meeting on Tuesday,
February 18, 2003, at 2:00 p.m. The motion was seconded by Mr. Dowe and adopted.
There was discussion as to whether a public hearing is in order in connection
with naming the First Street Bridge in memory of Dr. King; whereupon, the Mayor
advised that at this point it would be appropriate for the community to engage in
discussions.
It was the consensus of Council that the remainder of the briefings would take
place following the 2:00 p.m. session of the Council.
At 12:00 noon~ the Mayor declared the meeting in recess.
At 2:00 p.m., on Monday, February 3, 2003, the Council meeting reconvened
in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith ................... 6.
ABSENT: Council Member William H. Carder ........................................ 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Robert L. Beasley,
Chief Pastor, St. John's Episcopal Church.
Page 9 of 57
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS. SCHOOLS: The Mayor presented a proclamation declaring
February 9 - 15, 2003, as Career and Technical Education Week.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called attention to two requests for Closed Session.
MINUTES: Minutes of the regular meeting of Council held on Monday,
December 16, 2002, and recessed until Wednesday, December 18, 2002, were before
the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Dowe moved that the reading of the minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Cutler and
adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith .......................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.)
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss a special award,
being the Shining Star Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia
(1950), as amended, was before the body.
Mr. Dowe moved that Council concur in the request of the Mayor to convene
in Closed Session as above described. The motion was seconded by Mr. Cutler and
adopted by the following vote:
P~elOof57
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ........................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.)
CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to consult with legal counsel
on a matter of pending litigation, pursuant to Section 2.2-3711 (A)(7), Code of
Virginia (1950), as amended, was before the body.
Mr. Dowe moved that Council concur in the request of the City Attorney to
convene in Closed Session as above described. The motion was seconded by Mr.
Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ........................................................................................... -6.
NAYS:None ........................................................................................ ~.
(Council Member Carder was absent.)
SlGNSIBILLBOARDSIAWNINGS.LICENSES: A communication from the City
Manager advising that pursuant to requirements of the Code of Virginia, 1950, as
amended, the City of Roanoke is required to hold a public hearing on proposed
encroachments into public right-of-way; whereupon, she requested that Council
schedule a public hearing for Tuesday, February 18, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in connection with a request for
encroachment into public right-of-way for installation of an awning at I West
Campbell Avenue, was before the body.
Mr. Dowe moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ........................................................................................... -6.
NAYS:None ........................................................................................ ~.
(Council Member Carder was absent.)
Page 11 of 57
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: A communication from
Lynn D. Avis, Chair, Industrial Development Authority of the City of Roanoke,
advising of the resignation of Stark H. Jones as a Director of the Industrial
Development Authority, was before Council.
Mr. Dowe moved that the communication be received and filed. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith .............................................................................................. -6.
NAYS: None ......................................................................................... 0.
(Council Member Carder was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION - ROANOKE
NEIGHBORHOOD PARTNERSHIP: The following reports ofqualification were before
Council:
Nelett H. Lor as a member of the Roanoke Arts
Commission, for a term ending June 30, 2005; and
Robin Murphy-Kelso as a member of the Roanoke
Neighborhood Partnership Steering Committee, fora term
ending November 30, 2005.
Mr. Dowe moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ........................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.)
Page 12 of 57
REGULAR AGENDA
PUBLIC HEARINGS:
ZONING-INDUSTRIES: Council at its regular meeting on Tuesday, January 21,
2003, having continued a public hearing on the request of the Northwest
Neighborhood Environmental Organization and Robert Crowder to rezone nine tracts
of land located on the south side of the 500 block of Loudon Avenue, N. W.,
identified as Official Tax Nos. 2013101-2013109, inclusive, from RM.2, Residential
Multi-family, Medium Density District, to RM-3, Residential Multi-family, High Density
District, subject to certain conditions; and three tracts of land located on the north
side of the 500 block of Centre Avenue, N. W., identified as Official Tax Nos.
2013117-2013119, inclusive, from LM Light Manufacturing District, to RM-3,
Residential Multi-family, High Density District, subject to certain conditions, the
matter was again before the body.
On Tuesday, January 21, 2003, concerns were raised by Quality Produce
Company that its business might be impacted by the proposed apartments;
whereupon, Shusheela Shende, spoke on behalf of the Northwest Neighborhood
Development Corporation and advised that NNEO representatives have met with
representatives of Quality Produce Company and NNEO proffers the following:
(1) NNEO and Robert Crowder will work with Quality Produce Company to install
landscaping at no cost to Quality Produce that will function as a sound buffer; (2) all
buildings to be located on the north side of the 500 block of Centre Avenue, N. W.,
and will have all bedrooms located toward the rear of the buildings; (3) it is
recognized that the warehouse operation of Quality Produce Company, 116 Centre
Avenue, N. W., generates normal truck traffic and noise from daily operation of its
business; (4) and the petitioners agree to inform any potential residents of the
existence and operation of Quality Produce Company as a business at that location.
Mr. Harris requested that the above described additional proffers become an
official attachment to the request for rezoning.
Mr. Harris offered the following ordinance, including the four above described
proffers:
Page 13 of 57
(#36225-020303) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 201, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this ordinance
by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 106.)
Mr. Harris moved the adoption of Ordinance No. 36225-020303. The motion
was seconded by Mr. Dowe.
Michael Pace, Attorney, representing Quality Produce Company, advised that
NNEO has worked with Quality Produce during the past week to develop the
additional proffers which are in keeping with the request of his client and are
satisfactory to Quality Produce Company. He additionally requested some
assurance from the City of Roanoke that there will be no restrictions placed on the
property of Quality Produce Company as a result of the proposed development by
NNEO.
Council Member Bestpitch advised that it should be noted for the record that
it is not the intent of Council, in acting on the request for rezoning by NNEO and Mr.
Crowder, to impinge upon the right of Quality Produce Company and its activities
in any way, inasmuch as Quality Produce Company provides a valuable service for
the community. He further advised that the City can request that a communication
be issued stating that the operation of Quality Produce Company has been reviewed
by staff and as far as City staff can determine its operations are in conformance with
zoning requirements and the City of Roanoke is not aware of any reason that any of
there operations by Quality Produce Company should be cause for concern.
Hearing no objection by Council Members, Mr. Bestpitch requested that City staff
prepare the appropriate communication.
The Mayor declared the public hearing closed.
There being no further discussion by Council, Ordinance No. 36225-020303
was adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith ............................................................................................. .6.
NAYS:None ...................................................................................... --0.
(Council Member Carder was absent.)
Page 14 of 57
STREETS AND ALLEYS: Council at its regular meeting on Tuesday,
January 21,2003, having continued a public hearing on the request of the Northwest
Neighborhood Environmental Organization that all of the alley from 6th Street to 5th
Street, N. W., in the block lying between Loudon Avenue and Centre Avenue,
beginning at the east side of 6th Street, between lots bearing Official Tax Nos.
2013101 and 2013115, and extending east to its intersection with 5th Street, between
lots bearing Official Tax Nos. 2013114 and 2013123, extending north, and on the
west extending along the east border of the lot bearing Official Tax No. 2013109 and
on the east extending along the west border of lots bearing Official Tax Nos.
2013114-2013110, extending north to its intersection with Loudon Avenue, be
permanently vacated, discontinued and closed, the matter was again before the
body.
Mr. Bestpitch offered the following ordinance:
(#36226-020303) AN ORDINANCE permanently vacating, discontinuing and
closing certain public rights-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 108.)
Mr. Bestpitch moved the adoption of Ordinance No. 36226-020303. The motion
was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no questions/comments by Council Members, Ordinance No.
36226-020303 was adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ......................................................................................... --6.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.)
Page 15 of 57
PETITIONS AND COMMUNICATIONS:
ZONING-ANIMALS/INSECTS-COMMUNITY PLANNING: Norman D. Mason,
President, Board of Directors, The Angels of Assisi, advised that the organization
is a charity whose purpose is to provide Iow income pet owners with affordable
veterinary services; and since its inception in August 2001, The Angels of Assisi
surgical unit has performed over 9,000 spays or neuters for Iow income owners of
pets and for local humane shelters in the Roanoke Valley. He stated that in August
2002, The Angels of Assisi opened a small full-service clinic providing outpatient
medical services and surgeries to Iow income citizens of the Roanoke Valley, and
although restricted in space and open initially for only three days a week, the clinic
provided service to over 1,100 patients through January 2003.
Mr. Mason explained that The Angels of Assisi would like to expand its
charitable services to the Roanoke community by acquiring a larger clinic facility;
therefore, a contract was placed on property located at 415 Campbell Avenue, S. W.,
however, the location is zoned C-3 for which there does not exist an exemption for
veterinary hospitals or clinics for consideration by the Board of Zoning Appeals. He
stated that if the organization is permitted to purchase and improve the property, it
can better serve the needs of Roanoke's citizens and, at the same time, enhance a
portion of the "downtown" area which has been filled largely with vacant buildings
and warehouses; and the location is also near the Roanoke City Police Department
which would allow The Angels of Assisi to provide free service to the City's canine
officers in the K-9 Corp.
Mr. Mason explained that the proposed facility will not house animals outside,
and called attention to plans to significantly improve the entire appearance of the
vacant building and the rear parking lot; however, the support of Council is needed
to implement a change in the C-3 zoning district to allow for an exempton to be
considered by the Board of Zoning Appeals.
Mr. Bestpitch moved that the request be referred to the City Planning
Commission for study, report and recommendation to Council, in connection with
a text amendment for a special exception to be added to the C-3 zoning
classification. The motion was seconded by Mr. Cutler.
Ms. Wyatt advised that downtown Roanoke is not the appropriate location for
a facility of this type; whereupon, she inquired if Mr. Mason had looked at other
property that is properly zoned for this purpose. Mr. Mason responded in the
affirmative, and called attention to higher costs in other areas of the City; however,
he advised that the property in question is suitable for their needs because it is
contiguous to those communities that are served most frequently by The Angels of
Assisi. in addition, he stated that with minor modifications, there is more than ample
Page 16of 57
parking, and access from the rear of the building will be enhanced with appropriate
modifications. He called attention to various needs of the organization and the
property in question fits those needs.
The City Manager advised that she previously informed Mr. Mason that she
could not recommend approval of the request inasmuch as the City is currently in
the midst of a Zoning Ordinance update and it is wise to avoid piece meal changes
to the Zoning Ordinance unless there is a specific hardship. She stated that there is
no indication that there is a demand in the downtown, C-3 zoning classification, for
this type of service, and a text amendment would allow consideration of this
particular special exception in every location in the downtown area which is
included in the C-3 zoning classification. She advised that she informed Mr. Mason
that she could not support the requested text amendment and it would be necessary
for him to request that either City Council or the City Planning Commission initiate
a zoning ordinance text amendment.
There being no further discussion, the motion was adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
CITIZEN SURVEY BRIEFINGS: The City Manager introduced Susan Wilson
Walton, representing Virginia Polytechnic -Institute and State University, to present
results of a citizen survey performed by Virginia Tech Center for Survey Research.
(For full text, survey results on the file in the City Clerk's Office.)
During a discussion of survey results, Mr. Dowe requested more information
in regard to those areas that have experienced a decrease in favor by ten per cent
or more; and Ms. Wyatt requested information on the results of the break out
questions pertaining to the Roanoke Civic Center.
The City Manager advised that the full report will be provided to the Council
upon receipt.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
Page 17of 57
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted
a communication advising that capital projects of all types have been approved by
Council in the Capital Improvements Program; bond funds from the 1999 bond issue
needs to be transferred to capital project accounts, along with a portion of the 2002
bond issue for implementation of construction projects; and the following transfers
are recommended:
$391,355.00 from Public Improvement Bonds Series 1999 - Storm
Drains, Account No. 008-052-9709-9176, to the following new accounts
to be established by the Director of Finance.
$73,355.00
114,000.00
204,000.00
Peters Creek Flood Mitigation Phase 4
Trout Run Culvert Repairs
Barnhart Street Drainage Improvements
$9,169.00 from Public Improvement Bonds Series 1999 - Buildings,
Account No. 008-052-9709-9183, to Account No. 008-530-9776, Public
Works Service Center Upgrade Phase I.
$809,080.00 from Public Improvement Bond Series 1999 - Bridges,
- AccounLNor008-052-9709-9190,.to the following accounts.
$ 750,000.00
$ 59,080.00
First Street Pedestrian Bridge,
Account No. 008-052-9574
Walnut Avenue Bridge over Railroad,
Account No. 008-530-9511
$698,613.00 from Public Improvement Bonds Series 1999 - Streets,
Account No. 008-052-9709-9191, to the following new accounts to be
established by the Director of Finance.
$143,859.00
$127,414.00
$ 410,000.00
$ 17,340.00
Williamson Road Improvements
Traffic Signals
VDOT Highway Projects
Roadway Safety Improvement Project,
Account No. 008-052-9606
Page 18 of 57
$3,391,630.00 from Public Improvement Bonds Series 2002 - Curb &
Gutter, Account No. 008-530-9711-9195, to the following new accounts.
891
500
500
500
500
500
630.00
000.00
000.00
000.00
000.00
000.00
Curb, Gutter and Sidewalk #1
Curb, Gutter and Sidewalk #2
Curb, Gutter and Sidewalk #3
Curb, Gutter and Sidewalk #4
Curb, Gutter and Sidewalk #5
Curb, Gutter and Sidewalk #6
The City Manager recommended transfer of funds to existing project
accounts and/or to new accounts to be established by the Director of Finance.
Mr. Dowe offered the following budget ordinance:
(#36227-020303) 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 111 .)
Mr. Dowe moved the adoption of Ordinance No. 36227-020303. The motion
was seconded byMr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Wyatt, Bestpitch, Cutler, and Mayor Smith--5.
NAYS: None .....................................................
(Council Member Carder was absent.) (Vice-Mayor Harris abstained from voting.)
INDUSTRIES: The City Manager submitted a communication advising that
Elizabeth Arden, Inc., a tenant in a 250,000 square foot facility at the Roanoke Centre
for Industry and Technology (RCIT), and Liberty Property Limited Partnership
(Liberty), the property owner, wishes to expand at its present site; expansion will
require a waiver from the present Restrictive Covenants at RCIT; covenants require
a 75-foot setback for both the building and the parking lot, however, the size and
layout of the site expansion requires that setback be 41 feet for the parking lot and
35 feet for the building; and if an application for vacation of a City of Roanoke right-
of-way at the site is approved, the setback for the building will be in compliance.
It was further advised that the Restrictive Covenants state in paragraph 6 that
the above requirement may be waived by the City of Roanoke, however,
requirements of paragraph 13 must be met which provide as follows: "13.
Page 19 of 57
Amendments. Except as herein provided, each of the foregoing Restrictive
Covenants may as to all persons and property be waived, released, rescinded,
modified, altered or amended by the City at the request of and with the consent of
the owners or lessees from the City of property for terms of five (5) years or more
of more than fifty percent (50%), in area, of the lots or sites within the Centre which
have been sold~Lthe.~?.~ty for development".
It was noted that six tenants at RCIT have signed off on the waiver,
representing over 50 per cent of tenants/owners by area of the park, which meets
amendment requirements of the Restrictive Covenants; Elizabeth Arden employs
538 employees in Roanoke, and expansion will enable the company to continue to
grow in employment and marks a significant investment in the Roanoke Centre for
Industry and Technology.
The City Manager recommended that Council approve a waiver of the setback
requirements as set forth above and that the City Manager be authorized to execute
a Waiver of the Provision of the Deed of Restriction for expansion by Elizabeth
Arden and to take such further action and to execute any other documents deemed
necessary for expansion.
Mr. Dowe offered the following resolution:
(#36228-020303)A RESOLUTION to provide for certain waivers and consents
by the City of certain restrictive covenants in connection with certain real property
located at the Roanoke Centre for Industry and Technology (RCIT) and owned by
Liberty Property Limited Partnership (Liberty) and occupied by Elizabeth Arden, Inc.,
authorizing the proper City officials to execute such waivers and consents on behalf
of the City in connection with those restrictive covenants; and authorizing the proper
City officials to execute any other documents to conclude the proposed expansion
of the facility occupied by Elizabeth Arden, Inc., at RCIT.
(For full text of Resolution, see Resolution Book No. 67, page 113.)
Mr. Dowe moved the adoption of Resolution No. 36228-020303. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith ............................................................................................ -6.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.)
Page 20 of 57
BUDGET-PUBLIC WORKS: The City Manager submitted a communication
advising that in July 2002, the City advertised for a consultant to prepare a master
plan for the Public Works Service Center (PWSC); the plan proposes a phased
implementation of improvements at the PWSC to centralize functions and to
improve efficiency of operations; and the following items, listed by division, are to
be implemented as the first phase of improvements to the facility:
Transportation Division:
Salt Storage Building - new salt storage facility to include
approximately half of the sheds required for storage of
salt spreaders, snow plows, etc.
Landscape Maintenance Equipment Shop- modifications
to existing warehouse as needed to perform maintenance
and repair of equipment, which will allow activity to move
from the Reserve Avenue site to the PWSC.
Fleet Maintenance Division:
Fleet Maintenance Doors - Installation of three overhead
doors along the west wall of the Fleet Maintenance Shop,
which will improve efficiency and productivity of the
facility by allowing access to service bays from outside of
the building.
Solid Waste Division:
Solid Waste Island - new concrete median strip with
electrical receptacles to serve diesel engine block heaters
of Solid Waste trucks. Existing median to be displaced by
new Salt Storage Building.
Page 21 of 57
It was further advised that funding, in the amount of $1,000,000.00, is needed
for the projects and is available from the following sources to be transferred to
Public Works Service Center, Account No. 008-530-9776, which currently has a
balance of $378,662.00:
Transfer to Capital
Projects Fund
Undesignated Fund
Balance
Brandon Avenue
Widening
Account No. 001-250-9310-9508
Account No. 008-3349
Account No. 008-052-9604
$170,000.00
$256,641.00
$152,757.00
Fleet Maintenance Retained Earnings
$41,940.00
The City Manager recommended that Council transfer the above referenced
funds to the Public Works Service Center, Account No. 008-530-9776, to provide
total funding of $1,000,000.00.
Mr. Dowe offered the following budget ordinance:
(#36229-020303) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects and Fleet Management Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 115.)
Mr. Dowe moved the adoption of Ordinance No. 36229-020303. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ......................................................................................... .6.
NAYS: None ...................................................................... -0.
(Council Member Carder was absent.)
Page 22 of 57
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Criminal Justice Services
(DCJS) provides grant funding for programs and activities which increase
apprehension, prosecution and adjudication of persons committing violent crimes
against women; and the program, "Virginia Services, Training, Officers, Prosecution
Violence Against Women" (VSTOP) has funded a Domestic Violence Unit within the
Police Department since 1999.
It was further advised that on December 19, 2002, DCJS awarded $32,403.00
to the City's Police Department to employ a full-time, non-sworn Domestic Violence
Specialist, thereby allowing continuation of the Domestic Violence Unit in calendar
year 2003; the required City in-kind match of $23,127.00 will be met through salary
paid to current Police Department personnel; and the required local cash match of
$3,136.00 will be met through State Asset Forfeiture Funds, Account No. 035-640-
3302.
It was explained that the Domestic Violence Unit collects and interprets
relevant domestic violence offense data which allows proactive case intervention
and cultivation of cooperative working relationships with clients and
service/adjudication agencies; and the program produces more equitable victim-
offender criminal'justice dispositions related to domestic violence offenses.
The City Manager recommended that Council accept the V-STOP grant and
that the City Manager be authorized to execute the grant agreement and any related
documents; appropriate State grant funds, in the amount of $32,403.00, with a
corresponding revenue estimate in accounts to be established by the Director of
Finance in the Grant Fund; and transfer the local match of $3,136.00 from State
Asset Forfeiture Funds, Account No. 035-640.3302, to the same Grant Fund account.
Ms. Wyatt offered the following budget ordinance:
(#36230-020303) 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 116.)
Page 23 of 57
Ms. Wyatt moved the adoption of Ordinance No. 36230-020303. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.)
Mr. Dowe offered the following resolution:
(#36231-020303) A RESOLUTION accepting the Virginia Services, Training,
Officers, Prosecution (VSTOP) Violence Against Women Grant offer made to the
City by the Virginia Department of Criminal Justice Services and authorizing
execution of any documentation on behalf of the City.
(For full text of Ordinance, see Ordinance Book No. 67, page 118.)
Mr. Dowe moved the adoption of Resolution No. 36231-020303. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ............................................................................................ -6.
NAYS: None .................................................................................... -0.
(Council Member Carder was absent.)
TRAFFIC-BUDGET-TRANSPORTATION SAFETY: The City Manager submitted
a communication advising that Council has been briefed on several ongoing
transportation projects, the goal of which is 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; traffic calming initiatives are preliminary in nature,
therefore, a firm cost estimate has not been established for each of the projects;
and, funding in the amount of $236,870.00 has been identified as available to support
further development and implementation of the initiatives.
Page 24 of 57
The City Manager recommended that Council transfer $236,870.00 from the
Valley View Boulevard Interchange, Account No. 008-052-9545, to a new account to
be entitled, Traffic Calming Initiatives.
Based on discussion by Council at its 9:00 a.m. work session, the City
Manager advised that she would withdraw the item from the agenda until Council
has an opportunity to discuss specific traffic calming projects, since there was an
earlier indication by Council that it was not in support of the various staff
presentations regarding traffic calming.
Mr. Bestpitch offered the following budget ordinance:
(#36232) 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.
Mr. Bestpitch moved the adoption of Ordinance No. 36232 The motion was
seconded by Mr. Cutler.
The City Manager pointed out that the ordinance, as drafted, requires five
affirmative votes by the Council to pass.
Ms. Wyatt noted that the previous disc ussion by Council was not in opposition
to the various traffic calming projects, but the need for more definitive information
no how the money will be spent.
Mr. Bestpitch advised that there have been numerous briefings on the various
aspects of traffic calming issues in different parts of the City. He expressed
concern that Council is micro-managing, and expressed confidence in the
professional staffof the City in the process of the Council briefings, and suggested
that staff be permitted to proceed as requested by the City Manager. He stated that
Council Members have had more than ample time to request additional information
from the City Manager.
Mr. Bestpitch moved that the ordinance be amended to delete the phrase
"dispensing with the second reading by title of this ordinance." The amendment to
the motion was seconded by Mr. Cutler and adopted.
Page 25 of 57
Mr. Bestpitch moved that the following ordinance be placed upon its first
reading:
(#36232) AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations.
The motion was seconded by Mr. Cutler.
The Mayor expressed concern that transferring $237,000.00 from the Valley
View Boulevard Interchange account causes further delay for completion of Phase
II of the Valley View Interchange project. He stated that funds requested by the City
Manager are not designated for a specific traffic calming proposal; Council is not
micro managing by requesting more definitive information on specific traffic calming
plans and costs; and it is the responsibility of Council to raise questions and to vote
on specific issues when they are presented by the City administration.
Mr. Dowe advised that Council Members appear to be in favor of implementing
traffic calming measures in the various sections of the City; the Council has
received briefings in regard to traffic calming, and inquired if the funds are intended
to be used for specific traffic calming projects. He stated that further clarification
by the City Manager would likely enable the item to be favorably considered by the
Council.
The City Manager responded that four specific areas for traffic calming have
been discussed with the Council; i.e.: Memorial Avenue, Grandin Road, Williamson
Road and the Builitt/Jamison corridor. She advised that conceptual drawings have
been provided in each of the areas and staff has met with neighborhood groups to
receive feedback on the various plans. She explained that the $237,000.00 will fund
detailed cost estimates and final design on the four traffic calming projects. She
stated that she could not provide a precise breakdown on how the $237,000.00 will
be expended.
In view of the City Manager's explanation that the requested funds represent
initial planning money and not implementation funds, Ms. Wyatt advised that she
could support the request for funds. She stated that she was voting for planning
money and not implementation of the studies, which she does not consider to be
micro managing, but being a good steward of the taxpayers' money. She expressed
concern regarding the Williamson Road area and while she favors traffic calming,
it is an issue of balance; if severe traffic calming measures are enacted on arterial
Page 26 of 57
roads into and out of the City, an even bigger problem will be created for the
neighborhoods because motorists will begin to use circuitous routes around main
arteries by going into the neighborhoods and creating traffic problems. She called
attention to Grandview Avenue which is currently used as a cut through and if
Williamson Road is limited to 25 miles per hour, substantial traffic will be diverted
into the residential neighborhoods. She cautioned against creating traffic
quagmires so great that motorists will not use certain sections of the City.
Mr. Cutler advised that the City Manager has proposed to use funds remaining
in the Valley View Mall/i-581 overpass account and he was not opposed to using the
funds for this purpose since it was earlier reported that the second phase of the
Valley View Interchange project will not occur for another 10-16 years under the
current VDOT plan.
The Mayor called attention to the paving of a section of Williamson Road
which was promised last year and delayed by City staff. He stated that he was not
aware that businesses and residents of the Williamson Road area have reached any
consensus, a good plan was initially presented and the City agreed to provide
paving which was later stalled, and the matter currently before the Council is
another attempt to stall the request. He stated that in defense of the Williamson
Road area and the Raleigh Court area, both of which are not satisfied with traffic
calming plans as presented, he could not support the City Manager's request for
funds.
Vice-Mayor Harris advised that the Mayor's remarks represent an erroneous
report of the matter before the Council. He stated that funds are not recommended
for appropriation so that a specific traffic calming plan can be implemented, but the
City Manager is requesting that Council appropriate funds to enable City staff to
place a price tag on the various elements and concepts of the four traffic calming
projects so as to provide Council with the necessary information to determine
whether specific traffic calming plans are to go forward to implementation.
There being no further discussion, Ordinance No. 36232, on its first reading,
was adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, and Cutler- ....... 5.
NAYS: Mayor Smith ................................................................... 1.
(Council Member Carder was absent.)
Pa~ 27 of 57
SEWERS AND STORM DRAINS-WATER RESOURCES-LEGISLATION: The City
Manager submitted a communication advising that, mandated by Congress under
the Clean Water Act, the National Pollutant Discharge Elimination System Storm
Water Program is a comprehensive program for addressing urban sources of storm
water pollution; the program uses the State's permitting authority to require
implementation of storm water management controls; under the Act, the City of
Roanoke is required to submit a Registration Statement outlining specific ways that
the City proposes to comply with program requirements; and the Registration
Statement must be submitted to the Virginia Department of Environmental Quality
by March 19, 2003.
It was further advised that City staff has completed a Registration Statement
outlining minimum measures for compliance by the City which include: City-wide
public education and participation, identifying and removing non-storm water flows,
pre and post construction site runoffcontrols and pollution prevention measures for
municipal operations; and compliance efforts are estimated to cost between
$190,000.00 and $225,000.00 per year, commencing in March 2003, with the initial
permit period lasting five years.
The City Manager recommended that she be authorized to execute a Virginia
Pollutant Discharge Elimination System (VPDES) General Permit Registration
Statement for Storm Water Discharges from Small Municipal Separate Storm Sewer
Systems [VAR040] on behalf of the City, with the Virginia Department of
Environmental Quality; and that she be authorized to take such further action and
to execute and provide further documents as may be necessary to comply with and
implement the VPDES General Permit, including necessary contracts or agreements
with third parties, to complete activities outlined in the VPDES General Permit.
Mr. Dowe offered the following resolution:
(#36233-020303) A RESOLUTION authorizing the City Manager to execute, for
and on behalf of the City of Roanoke, a Virginia Pollutant Discharge Elimination
System (VPDES) General Permit Registration Statement for storm water discharge
from small municipal separate storm sewer systems with the Virginia Department
of Environmental Quality, upon certain terms and conditions; and authorizing the
City Manager to take such further action and to execute and provide such further
documents as may be necessary to comply with or implement the provisions of that
Registration Statement.
(For full text of Resolution, see Resolution Book No. 67, page 119.)
Page 28 of 57
Mr. Dowe moved the adoption of Resolution No. 36233-020303. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ............................................................................................. -6.
NAYS: None ............................................................................................ -0.
(Council Member Carder was absent.)
Council Member Cutler commended the City's Environmental Administrator and
other City staff on a well written document.
TRAFFIC-BUDGET-SIGNALS AND ALARMS: The City Manager submitted a
communication advising that Council has been briefed on the need to make
improvements to the City's traffic signal systems to reduce congestion and to
improve the City's ability to effectively manage the existing public street
infrastructure; and initial improvements will focus on the Orange Avenue corridor
between Gainsboro Road and Gus Nicks Boulevard, which systems will support the
daily demands of rush hour traffic, as well as occasional demands created by the
Roanoke Civic Center and the future Stadium/Amphitheater facility.
The City Manager recommended that Council approve transfer of $266,156.00
from Paving Program Account No. 001-530-4120-2010, and $63,844.00 from Streets
& Bridges, Capital Improvement Reserve Account No. 008-052-9575-9173, to a new
account in the Capital Projects Fund to be entitled, Traffic Signal Systems.
Mr. Dowe offered the following budget ordinance:
(#36234-020303) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and 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 120.)
Page 29 of 57
Mr. Dowe moved the adoption of Ordinance No. 36234-020303. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ............................................................................................ -6.
NAYS: None ......................................................................................... -6.
(Council Member Carder was absent.)
CITY ATTORNEY:
BUDGET-PARKS AND RECREATION-SCHOOLS: The City Attorney submitted
a written report advising that on May 28, 1965, the National Park Service, pursuant
to the Federal Property and Administrative Services Act of 1949 conveyed, by deed,
7.83 acres of land to the City (Tax Parcel #2340121), which conveyance included
certain terms, conditions, covenants and restrictions that required the property to
be used and maintained for public park or public recreational purposes.
It was further advised that on January 22, 2002, Council adopted Resolution
No. 35728-012202 authorizing the Roanoke City School Board to use approximately
8.5 acres of land on the corner of 19th Street and Andrews Road for the new Roanoke
Academy of Mathematics and Science; the measure contained a provision that the
School Board receive the required approval from the United States Department of
the Interior for a land exchange; on November 21,2002, such approval was obtained
and the approval, release and transfer of terms, conditions, covenants and
restrictions from the above described property has been received; as a result of this
action, the City proposes to remove the terms, conditions, covenants and
restrictions enumerated in the 1965 conveyance from a 3.217 -+ acre tract of land,
lying within the boundary of Kennedy Park, to enable the School Board to use the
property for educational purposes, and to transfer the same terms, conditions,
covenants and restrictions to a 1.039+ acre tract of land located at Riverland Road
Addition (Roanoke River Greenway properties).
The City Attorney transmitted an ordinance authorizing the City Manager to
sign a Release and Transfer of Terms, Conditions, Covenants and Restrictions
transferring the terms, conditions, covenants and restrictions from the 3.217+ acre
tract of land lying within the boundary of Kennedy Park, to enable the School Board
to use the property for educational purpose, namely the Roanoke Academy of
Page 30 of 57
Mathematics and Science, and transferring the same terms, conditions, covenants
and restrictions to a 1.039-+ acre tract of land located at Riverland Road Addition and
Primrose Avenue.
Mr. Dowe offered the following ordinance:
(#36235-020303) AN ORDINANCE authorizing the City Manager to execute a
Release and Transfer of Terms, Conditions, Covenants and Restrictions transferring
the terms, conditions, covenants and restrictions from the 3.217_+ acre tract lying
within the boundary of Kennedy Park, to enable the Roanoke City School Board to
use the property for educational purposes, namely Roanoke Academy of
Mathematics and Science; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 122.)
Mr. Dowe moved the adoption of Ordinance No. 36235-020303. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith .............................................................................................. -6.
NAYS: None~-----~ ................................................................................ -0.
(Council Member Carder was absent.)
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising that pursuant
to Chapter 9, Education, Code of the City of Roanoke (1979), as amended,
establishing a procedure for the election of School Trustees, the three-year terms
of office of F. B. Webster Day, Marsha W. Ellison and Gloria P. Manns as Trustees
of the Roanoke City School Board will expire on June 30, 2003; and Ms. Ellison is
ineligible to serve another term inasmuch as she has served three consecutive three
year terms of office.
Page 31 of 57
It was further advised that pursuant to Section 9-16 of the Code of the City of
Roanoke (1979), as amended, on or before February 15 of each year, Council shall
announce its intention to elect Trustees of the Roanoke City School Board for terms
commencing July I through (1) public announcement of such intention at two
consecutive regular sessions of the Council and (2) advertisement of such intention
in a newspaper of general circulation in the City twice a week for two consecutive
weeks.
It was pointed out that Section 9-17 of the City Code provides that applications
must be filed in the City Clerk's Office by March 10 of each year; application forms
will be available in the City Clerk's Office and may be obtained between the hours
of 8:00 a.m., and 5:00 p.m., Monday through Friday; and information describing the
duties and responsibilities of School Trustees will also be available.
There being no questions and without objection by Council, the Mayor advised
that the report of the City Clerk would be received and filed.
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
December 2002.
There being no questions and without objection by Council, the Mayor advised
that the Financial Report for December 2002 would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION
RESOLUTIONS:
OF ORDINANCES AND
Y.M.C.A.-LEASES-SCHOOLS: Ordinance No. 36223, authorizing and directing
the proper City officials to enter into a lease extension between the City, the School
Board of the City of Roanoke and the Young Men's Christian Association of
Roanoke, Virginia, for use of the Jefferson High School gymnasium, upon certain
terms and conditions, to provide for a six month extension commencing on
January 19, 2003 and ending on July 18, 2003, having previously been before the
Council for its first reading on Tuesday, January 21, 2003, 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:
Page 32 of 57
(#36223-020303) AN ORDINANCE authorizing and directing the proper City
officials to enter into a lease extension between the City, the School Board of the
City of Roanoke and the Young Men's Christian Association of Roanoke, Virginia,
for use of the Jefferson High School gymnasium, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 67, page 105 )
Mr. Harris moved the adoption of Ordinance No. 36223-020303. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith .............................................................................................. -6.
NAYS: None ......................................................................................... 0.
(Council Member Carder was absent.)
BUDGET-RISK MANAGEMENT FUND: The Director of Finance submitted a
written report advising that the City is self-insured for certain types of claims and
insurance deductibles; funds are included in the Risk Management budget to pay
small claims and settlements; additional funds totaling $100,000.00 are needed to
pay claims for the remainder of the fiscal year; and funds are available in Risk
Management Fund Retained Earnings.
The Director of Finance recommended that Council adopt a budget ordinance
appropriating $100,000.00 from Risk Management Fund Retained Earnings to be
used for settlement of claims.
Mr. Harris offered the following budget ordinance:
(#36236-020303) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Risk Management Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 123.)
Mr. Harris moved the adoption of Ordinance No. 36236-020303. The motion
was seconded by Mr. Dowe and adopted by the following vote:
Page 33 of 57
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith .............................................................................................. -6.
NAYS: None ......................................................................................... 0.
(Council Member Carder was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
TREES: Council Member Cutler called attention to a Tree Virginia Workshop
to be held on March 5, 2003, at Virginia Western Community College.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
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.
COMPLAINTS-TAXES-WATER RESOURCES: Ms. Josephine Hudson, 1111
Loudon Avenue, N. W., advised that on January 19, 2002, she received a notice of
increase in her real estate assessment and another increase was received on
January 1,2003. She expressed concern that many persons are losing their homes,
the job market is troubling, water rates in the City of Roanoke have been increased
by 35 per cent, and actions by previous City Councils to shift funds from the Water
Fund to the General Fund.
CITY MANAGER COMMENTS:
CITY GOVERNMENT: The City Manager advised of two new programs to be
initiated by the City; i.e.: a "citizen university" which will afford citizens the
opportunity to receive indepth exposure to various aspects of City government; and
the City's version of a "welcome wagon", which is designed to provide new
residents to the City of Roanoke with information that will acclimate them to life in
the Roanoke Valley.
At 4:20 p.m., the Mayor declared the meeting in recess for two closed
sessions.
At 4:35 p.m. the meeting reconvened in the Council Chamber with Mayor
Smith presiding, and all Members of the Council in attendance, with the exception
of Council Member Carder.
Page 34 of 57
COUNCIL: With respect t° the Closed Meeting just concluded Mr. Bestpitch
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. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith .............................................................................................. -6.
NAYS:None ........................................................................................ -6.
(Council Member Carder was absent.)
At 4:40 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in Room 159 for a continuation of the 9:00 a.m. Council work session.
At 4:45 p.m., the meeting reconvened in Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., for a continuation of the 9:00 a.m., work
session, with Mayor Smith presiding, and all Members of the Council in attendance,
with the exception of Council Member Carder.
WILDLIFE TASK FORCE:
The Assistant City Manager for Community Development reviewed a
communication from the City Manager under date of January 21,2003, in connection
with recommendations of the Wildlife Task Force:
1..Task Force Recommendation. Modify the current City Code, Sec.
21-040.2, to allow for the use of electric fences on residentially zoned
properties as a means of discouraging deer from entering a yard.
Staff Response: Modifying the current City Code to allow for the use of
electric fences will create a public safety threat. When incorporated
into residential settings, electric fences pose a significant threat to
children and/or to pets that may inadvertently come into contact with
such fencing. Although signs may be posted to alert individuals about
the presence of electric fences on a particular property, children,
depending on their age, may not be able to read and/or comprehend the
meaning of such warnings. Therefore, City staff cannot support this
recommendation.
Page 35 of 57
2. Taskforce Recommendation - Enact an ordinance making it unlawful
to intentionally feed wild animals, such as deer.
Staff Response - It would be an unproductive use of staff time and
resources to draft an ordinance that would be nearly impossible to
enforce. Furthermore, elderly or home-bound citizens who place corn
or similar materials in their yards for small animals should not be
labeled as "criminals" for that action. Therefore, City staff cannot
support this recommendation.
3. Taskforce Recommendation - Establish an education program to
inform citizens of deer issues within the City and possible solutions for
managing them.
Staff Response . Public education is an effective means of raising
citizen awareness about the deer issues currentlY facing the City.
Brochures can be created and distributed that inform citizens on
actions they can take to assist in managing deer issues. Additionally,
public meeting(s) can be held, using guest speakers, to further educate
the community. City staffsupports this recommendation and estimates
that approximately $1,500.00 would be expended for printing and
distribution of educational materials.
4. Taskforce Recommendation. The City to allocate sufficient staffand
resources to handle the deer and wildlife management programs.
Staff Response. Representatives from the following departments are
currently involved with and working on issues identified by the Wildlife
Taskforce: Police, Parks and Recreation, Planning, Building and
Development, Housing and Neighborhood Services, Environmental and
Emergency Management and the City Attorney. A further explanation
of allocating resources (money) will be discussed in item #6.
5. Taskforce Recommendation - The Virginia Department of Game and
Inland Fisheries (DGIF) should be contacted to provide the City
assistance with its deer issues.
Staff Response. The DGIF previously has been contacted regarding the
deer issue in Roanoke and several representatives have attended
Wildlife Taskforce meetings to provide their knowledge and guidance
to the group. Staff personnel have contacted Jay Jeffreys, Wildlife
Biologist, DGIF, who has pledged his continued support to assist the
City with management of its deer issues. While the DGIF is able to
Page 36 of 57
provide the services of its personnel to aid the City with deer issues,
due to the budget situation on personnel issues, it is not in a position
to provide monetary assistance to the City at this time. However, the
DGIF has indicated to staff that the State's revised deer management
plan will be available in 2004, which could offer additional guidance for
managing the City's deer issues.
6. Taskforce Recommendation . Culling the deer herd in a safe,
efficient and humane manner. Two options for culling the deer herd
were provided and include:
A. Obtain a depopulation permit (DPOP) and institute an
Urban Archery Program - Apply to the DGIF for a DPOP
permit and participate in the Urban Archery Program as a
means of deer control.
B. Obtain an 'Official Deer Kill Permit' - Apply to the DGIF
to be permitted to institute a sharpshooting program in the
City as a means of deer control.
Staff Response - Application for inclusion in the Urban Archery
Program should be made by May 1, 2003. The Wildlife Taskforce
anticipated that the archery program would be staffed primarily by
volunteer archery groups under the auspices of the Police Department.
To pursue obtaining a DPOP of 'Official Deer Kill Permit' through the
DGIF, Sec. 21-80 of the City Code would have to be modified to permit
the discharging of firearms, under special circumstances, within the
limits of the City. Furthermore, the costs associated with instituting
and managing the program are substantial. Contracting with a deer
management firm could cost approximately $3,000.00 for initial
consultation and site assessments of proposed depopulation areas
within the City. The actual removal effort is estimated at $150.00 -
$200.00 per deer, depending on concentration.
The City Manager recommended that the City contract with a private company,
or site consultant, White Buffalo, Inc., and submit a recommendation to Council on
proposed actions to be taken and costs to be incurred.
The City Manager's recommendation was approved by consensus of the
Council.
Page 37 of 57
ZONING ORDINANCE UPDATE:
The Director of Planning and Code Development advised that a Zoning
Ordinance update is a major implementation activity and follows up with adoption
of the Comprehensive Plan, sets policy regarding land use decisions, helps to
implement some of the missions of the Comprehensive Plan primarily dealing with
the use of land; and the City's Zoning Ordinance was last updated in 1987. He stated
that the process is divided into three phases; i.e.: Phase I - Reconnaissance -
July-November, 2002; Phase II - Ordinance Draft and Public Comment - January -
June 2003; and Phase III - Hearings and Adoption - July - September, 2003. He
further advised that work to date on the Zoning Ordinance update involves hiring a
consultant, establishment of eight focus groups, public meetings, steering
committee meetings, a diagnosis report and a structural code outline. He stated
that City staff is currently in Phase II of the process which includes the drafting
process, internal staff review and steering committee review; under review is
districts in which listed uses are allowed and permitted by right or by special
exception, zoning district base regulations for each zoning district, permitted uses
and dimensional regulations and supplemental regulations for each district. He
indicated that the next steps include steering committee review and discussion on
special purpose/overlay district, supplemental regulations for particular uses,
landscaping, parking, signs, development standards, administration, procedures
and development of a public review document; the zoning map will be reviewed
based on establishment of districts and regulations in the draft ordinance and City-
wide workshops in April - June, consideration of public feedback by the steering
committee and redrafting as necessary by the consultant. He stated that Phase II,
which excludes the hearings and adoption portion of the process, involves City
Planning Commission and City Council public hearings in July - August 2003, with
adoption of the Zoning Ordinance in September 2003.
At 5:00 p.m., the Mayor declared the meeting in recess until Tuesday,
February 4, 2003, at 8:30 a.m., for the Roanoke City Council/Roanoke City School
Board Retreat to be held at the Vinton War Memorial, 814 Washington Avenue,
Vinton, Virginia.
The City Council meeting reconvened on Tuesday, February 4, 2003, at
8:30 a.m., at the Vinton War Memorial, 814 Washington Avenue, Vinton, Virginia, for
a City Council/Roanoke City School Board Retreat.
CITY COUNCIL MEMBERS PRESENT: William D. Bestpitch, M. Rupert Cutler
Alfred T. Dowe, Jr., (arrived late), Linda F. Wyatt and Mayor Ralph K. Smith ......... 5.
CITY COUNCIL MEMBERS ABSENT: Vice-Mayor C. Nelson Harris and Council
Member William H. Carder ............................................................................ 2.
Page 38 of 57
SCHOOL TRUSTEES PRESENT: F. B. Webster Day, Marsha W. Ellison,
Melinda J. Payne, Ruth C. Willson, William H. Lindsey, Robert T. Sparrow and
Chairperson Gloria P. Manns ............................................................................. -7.
SCHOOL TRUSTEES ABSENT: None ..................................................... -0.
STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk;
E. Wayne Harris, Superintendent of Schools; and Cindy Lee, Clerk to the Roanoke
City School Board.
The facilitator for the meeting was Lyle Sumek, Lyle Sumek Associates.
COUNCIL-SCHOOLS: Mr. Sumek reviewed the agenda for the day which
would include a year-in review; 2002 performance report, including City/School
achievements and the working relationship between the City and the Schools;
partnership framework, including roles and responsibilities of the School Board and
the Mayor/City Council; looking to the future (2003 and beyond); major challenges
facing the City and the Schools and the City/Schools jointly; key issues for the City
and the Schools and the City/Schools jointly; work agenda for 2003, including target
for action, discussion with regard to expectation and action outline, and specific
game plan; and actions for partners by the two bodies.
Based on recent interviews with Council and the School Board, Mr. Sumek
advised that the 2003 agenda for both Council and the School Board is:
Funding: Short term, long term, needs, mandates, requirements versus
revenues
Lobbying agenda: (December, then ongoing briefing) joint lobbyist
Joint marketing program
Transportation Services
Teacher salaries: keeping competitive
Teacher attraction and retention
School staff to reflect students: strategy
Stadium
Page 39 of 57
Audits: Action Plan, oversight
Services: Youth At Risk - task force
School Board: Appointments
High School Project: Commitment, Debt service
Middle School - After School Program
New grants - Expand the program
Administration/teachers: succession plan and replacement
Health care costs: cost containment strategy
Sales tax (one-half-one cent) for education
"No Child Left Behind" program funding (Federal program)
"English for Students" Program: Funding
School Accreditation: Standards of Learning
School Nurses Program: Direction/funding
Workforce Development: City/School strategy (link to economic
development)
Fleet facility: location, design, funding
Technology in Schools: upgrade
Guidance Program: direction, funding
Summer School salaries
Community Learning Center: funding
The Members of Council and School Trustees worked in two groups to
brainstorm the following questions: What was achieved during the past year? What
worked and what did not work?
Page 40 of 57
From the standpoint of Council Members, the following items were identified:
Three/four year old pre school program
Roanoke Academy for Mathematics and Science
groundbreaking. Additional funding by the City for
community facility to be a part of this project
Plans for a new bus garage
Plans for new stadium/amphitheater
Continued meetings in schools/use of some facilities for
community meetings, neighborhood planning, etc.
HOST program - City employees who are volunteers
Student Government Day and a number of other mock
Council sessions with third/fourth graders who visit the
Mayor's Office
Interns from CITY School who worked with various City
departments
Greenways that are used by students for track team/field
science projects
Certain fire stations have adopted schools to visit on a
regular basis
City Attorney's Office participation in the "Barrister Book
Buddies" program in the schools
Joint use agreement between Parks and Recreation and
the School division
Page 41 of 57
From the School Board's perspective, the following items were identified:
Roanoke Academy of Mathematics and Science
groundbreaking
Stadium progress
New transportation conceptual plan
Financial reporting awards for record keeping
Progress on the Standards of Learning
Drop out rate
Dedicated marketing positions
Preschool program
Audit presentation (Letter of Engagement)
Safe and orderly schools
Two time winner of the McGothlian award
REA (Roanoke Education Association) grants (reading)
NCLB (No Child Left Behind) Readiness
Maintained time line for high school upgrades
New Board Member appointments
Roanoke Valley School Boards Consortium
HOSTS/Community Partners (City of Roanoke mentors)
Page 42 of 57
The School Board identified the following which have worked well:
Good relationship with Superintendent
City Manager/Superintendent of Schools have a good
working relationship
"Buddy system" is working well, but needs improvement
Legislative package
At risk children
Audit Progress is working well
Funding formula
Recognition of additional funding (The School Board
knows the amount of funds to be received in advance and
is sometimes allocated more than the estimated amount).
The following items were identified by the School Board as needing
improvement:
Ongoing two-way communication (buddy system)
Better coordination of City/School programs
Reassessment of the joint meeting format (Council/School
Board
At 9:40 a.m., Council Member Dowe entered the meeting.
From the Council's perspective, the following were identified as working well:
"Buddy system" is better for some than for others
Improved acceptance of auditing process
Page 43 of 57
Joint reports for legislative agenda both at School
Board/City level, as well as the regional level (School
Board Consortium, Regional Leadership Summit, Virginia
First Cities Coalition, Virginia Municipal League)
There is a less confrontational relationship between
Council and the School Board
Unresolved concern over responses to audit findings
Debt service funding - the City is continuing to add to the
money that is being set aside to build the new high
schools - the funding formula is working well
Facility charges (City using school facilities and Schools
using City facilities)
Mr. Sumek reviewed the following items that were identified by the two bodies
as their agenda for 2002:
Budget and Financial Strategy
Use of Facilities - (School/City; City/School)
Youth Recreation Programs and Services
School Access to Technology
School Involvement/Participation in
Development
School Facilities and Renovation
Teachers Salaries
Public Information Strategy
Audit
Victory Stadium
Page 44 of 57
Economic
Mr. Sumek advised that the School Board's agenda for 2002 included the
following:
Foster Better Communications by:
Following Protocol - Mayor/School Board Chairman
Communicate with each other
Reassess joint meeting format
Will pair up with Council
communication (buddy system)
to improve/enhance
Mr. Sumek advised that at the 2002 retreat, the School Board indicated that it
needs the following from Council in order to be successful:
Adequate funding
Information
Joint effort to market Roanoke City Public Schools
Reinstitute presentations to Council:
Once per month by School Administration and City
Management presentations to School Board.
Mr. Sumek advised that in 2002, issues identified for joint problem solving
included:
Athletic facilities (joint use of facilities)
Marketing of schools, communities
Budget
Communication
He stated that also at the 2002 retreat, the following collective actions were
agreed to by Council and the School Board:
Establish procedures for joint problem solving using two
Board and two Council Members to address issues
By the end of January 2002, each Board Member will make
contact with their Council "buddy" at least twice.
Page 45 of 57
Mr. Sumek advised that at the 2002 retreat, the Mayor and Members of Council
identified the following actions that the Council is willing to take:
Initiate better communications with the School Board
Communicate to citizens the negative impact of "tax cuts"
on the City's ability to provide services
Pledge to maintain funding level to schools (recommend
prioritizing teacher salaries over facilities)
He noted that Council identified the need for the following from the School
Board in order to be successful:
Communication
Partnership
Long-term strategic plan
He stated that in 2002, Council identified the following issues for joint problem
solving:
Local funding
Schools as community centers
Marketing
Coordination of services for "at risk kids"
Look for "leveraging opportunities"
Mr. Sumek reviewed the roles and responsibilities of the School Board, as
follows:
Determine policy: School system
Establish goals/direction: vision of the school system
Be an advocate: schools/quality education
Work with Council:
To share information
To solve problems
To address issues
Monitorlmanage "school" resources
Listen to the community
Page 46 of 57
Educate the community on education. School issues and
opportunities
Serve as a Board of Directors - education system
Mr. Sumek reviewed the roles and responsibilities of Council:
Establish vision and goals
Determine policy
Develop financial policies, manage financial resources
Establish guidelines and hold the School Board
accountable
Work with School Board:
To share information
To solve problems
To address issues
Be an advocate: City/Quality Education
Serve as a City corporate Board of Directors
Mr. Sumek reviewed, from the 2002 retreat, the following common themes
among Council Members and School Trustees to provide the City of Roanoke with
the "best" education:
Schools fully accredited, passing the Standards of
Learning
Well qualified, top quality teachers
Meeting the educational needs of all children
Technology proficiency
Graduates prepared for life, ready for lifelong learning
Excellent facilities and equipment to support educational
programs
Positive parental involvement
Schools integrated into the community infrastructure
Page 47 of 57
Students achieving their potential
Recognition for educational excellence
Mr. Sumek reviewed Roanoke's Vision 2012, Principals to Guide the Future:
Recognized as the Capital of western Virginia: economic,
government service, culture
Strong neighborhoods: quality City infrastructure, livable homes
Recognized for educational excellence: First rate schools,
preschools to universities
City connectivity with universities and colleges
River front developed as an exciting, mixed-use focal point: to
live, to work, to play
Protection of our natural beauty and resources
Reuse and redevelopment of and for better uses
Businesses and individuals investing in Roanoke, in downtown
Entertainment destination point: major events, sports and
festivals
Young adults choose to live here: reputation as an exciting place
to live
Ease in travel to and from Roanoke: air, rail, highway
Quality water supply: adequate, affordable costs meeting
community needs
Strong community pride in Roanoke
Financially sustainable City government with cost-effective service
delivery
Page 48 of 57
Mr. Sumek reviewed Roanoke 2008 goals:
Healthy Local Economy
Strong Neighborhoods
Vibrant Greater Downtown
Quality Services: Responsive, Cost Effective
Mr. Sumek requested that the Council and the School Board meet in groups
to brainstorm the following question: What are some of the issues facing the
City/Schools over the next one to two years?
From the perspective of Council, the following items were reported in regard
to challenges facing the City:
Career and technical education
Funds in order to maintain services
Fall out from State funding cuts
Standards of Learning
Storm Water Management
Decreases in the budget of the Constitutional Officers who
have turned to the City to make up for State budget cuts,
and the City ends up picking up the slack
How to pay for, build and maintain newly built
infrastructure
Effective economic development program
A way to restructure the City's tax system
Work force training
Better linkage with Virginia Western Community College
Page 49 of 57
Maintaining the existing high quality of life in the Roanoke
Valley to attract new employers
Preparing the work force through the Higher Education
Center, Virginia Western Community College, Workforce
Program and the "One Stop Program
Communicate opportunities for jobs for young people with
vocational education
More communication is needed between mechanics,
artisans, craftsmen
From the perspective of the School Board, the following items were reported
with regard to challenges facing the schools:
Funding programs when grant monies are exhausted
Teacher salaries reaching national/average range once
again
Pre-school programs to meet need
High school extended day
High school upgrades
Summer school teacher salaries
2004 diploma requirements
Dedicated tax for education
Full accreditation for all schools
Declining enrollment
Health insurance costs (package for employees)
Health services to students
Page 50 of 57
School nurses
Providing services for special education students
Acting on audit funding due to financial constraints
Continuing to address audit findings
School Board appointments
Recruiting and maintaining quality staff at all levels
NCLB (No Child Left Behind) requirements
At 12:00 noon, the meeting was declared in recess for lunch.
At 1:00 p.m., the meeting reconvened at the Vinton War Memorial with all
Members of the Council and the School Board present, with the exception of Council
Member Carder and School Trustee Payne.
School Trustee Melinda Payne left the meeting.
Mr. Sumek divided participants into four groups to address issues that are
common to both Council and to the School Board; i.e: stadium, joint marketing and
branding program, partnering with business for workforce development, health care
for students, facility use policy, fleet facility, and lobbying. Each group was
instructed to develop an action plan for the issue assigned to their group.
The four groups reported as follows:
STADIUM:
Reaching a decision on track facility for the schools
Ensure that athletic directors continue to be involved as
stakeholders with design/construction process
Keep the School Board informed of the progress (City
construction put to bid in April 2003)
Page 51 of 57
Address process of schedule: concessions, fees,
operating issues
LOBBYING:
Ramp up City/School participation in the Virginia First
Cities Coalition and appoint a City School representative
to the subcommittee for education.
(Superintendent Harris has appointed Dick Kelley,
Assistant Superintendent for Operations).
(In a discussion of the matter, Superintendent Harris
advised that Mr. Kelly has served as the lobbyist for the
school division since 1981 and has been successful in
building a sound relationship with legislators which has
proven to be invaluable to the school system and he
prefers to maintain the relationship.)
Engage a single lobbyist to represent City/Schools
interest on increased funding for education
Continued lobbying for Schools by Dick Kelley, Assistant
Superintendent.
Continued monitoring by Virginia School Board
Association and Virginia Municipal League.
Use School Board members and Mayor/Council Members,
citizens as relationship-building lobbyists.
HIGH SCHOOL UPGRADES:
Recap where we have been and where we are now
Upgrade estimated cost (Patrick Henry High School - $38
million and William Fleming High School - $40 million)
Ensure that all options have been considered
Page 52 of 57
May 2004 projected start for Patrick Henry
Determine how we pay for facilities (Patrick Henry and
William Fleming High Schools)
(Superintendent Harris advised that the total budget for
the projects is $78 million ($38 million for Patrick Henry
and $40 million for William Fleming); the Schools and the
City have agreed to share equally in debt service
requirements for the projects; the Schools have
accumulated $950,000.00 of the $1.6 million debt reserve
required for the Patrick Henry project; the remaining
$650,000.00 of the Schools' required debt reserve for the
Patrick Henry project will be accumulated during fiscal
year 2003-04 ($350,000.00) and fiscal year 2004-05
($300,000.00); the Schools' debt service reserve required
for the William Fleming project is $1.8 million; the
Schools' debt service requirements for the William
Fleming project will be accumulated during the three fiscal
years from fiscal year 2005-06 to fiscal year 2007-08
($600,000.00 per year).
HEALTH CARE FOR CHILDREN:
Identify efficiencies and bring together health providers
Examine current efficiencies for Roanoke City Health
Department and School Nurses (define roles and
responsibilities)
Better educate parents (responsibilities, programs and
resources)
Evaluate City/School policy - occupational health/health
science
Page 53 of 57
FACILITY USE POLICY:
City using school facilities and Schools using City
facilities
Reciprocity policy - need for recognition of mutual
benefits of cooperation (attitude - try to help one another)
Pay direct costs, but eliminate fees on both sides (a
"wash") for the purpose of enhanced good will. (The City
Manager suggested the appointment of a subcommittee
composed of Council Members, School Board members
and staffto address the matter; and Ms. Wyatt suggested
that the Roanoke Civic Center Commission be represented
on the subcommittee.)
PARTNER WITH BUSINESS FOR WORKFORCE DEVELOPMENT:
Why would the City and Schools want to partner with
business?
Leverage support from the private sector
Meet work force training needs of Roanoke
Area employees (leverage of curriculum)
Cooperative education/jobs upon graduation
Identify methods to expose young students to career
opportunities
Actions include:
Communicate purpose of business partnership (Business
Round Table)
Economic Development Breakfast with CEO's/add School
Board representative
Political support from business for education funding
Page 54 of 57
Assess effectiveness of business partnership versus
making appropriate mid-course corrections
Regional Economic Development Partnership Study (K-12)
include Schools and Council
Items listed for citizen involvement and participation in City and School
system policies and decisions are:
Include school representative in "City University"
Business involvement training sessions
Increase parentental involvement in school/teacher
meetings (fresh approach through free food, pot luck,
provision of child care, bus transportation/buses to tour
neighborhoods)
Communicate the importance of citizen involvement
Address problems, of intimidation (how to make parents
feel welcome in the schools)
JOINT MARKETiNG/BRANDING:
Identify strengths/deficits
Repackage deficits as assets
Aggressively market Roanoke to realtors through a
proactive plan
Aggressively market Roanoke to the business community
Coalition with the Chamber of Commerce
Informal meetings with business, through focus groups
with a team of Council Members and School Board
members
Page 55 of 57
Involve schools in City's branding process
(It was the consensus of the two bodies that this is a topic
that needs a subcommittee composed of Council and
School Board representatives.)
REDUCED FUNDING STREAM FROM STATE:
Lobby to have State pay its fair share for JLARC-School
construction
Local - identify revenue sources for high schools for debt
service
HEALTH CARE FOR EMPLOYEES:
Create a City/School committee to explore combined
health care programs to capitalize on cost containment
compatibility (Employees, administration/Council/School
Board.)
Explore creation of a regional consortium to pool
employee base and containment costs.
Mr. Sumek called attention to comments with regard to topics to be addressed
at future Council/School Board quarterly meetings, and noted that the above listed
items are appropriate topics for discussion by Council and the School Board.
However, he encouraged the two bodies to engage in dialogue rather than
presentations.
A statement was made by a School Trustee that the School Board often feels
as though it is on trial when it meets with Council in the quarterly meeting sessions;
whereupon, the City Manager advised that rather than meeting with Council at
5:00 p.m., when Council is short on time and preparing for its 7:00 p.m. session,
Council recently initiated a procedure to meet on the first Monday of each month at
9:00 a.m., for briefings, meetings with other groups, interviews, discussion of
agenda items on the 2:00 p.m. docket; etc.; therefore, meetings with the School
Board could be scheduled at 9:00 a.m. work session in lieu of the 5:00 p.m dinner
meeting getting. It was noted by a Member of Council that many times, the issue is
whether the meeting is taking place on the Council's "turf" or on the School Board's
"turf"; whereupon, it was suggested that two meetings be held at the 9:00 a.m.,
Page 56 of 57
Council work session and that two meetings be held at a location to be determined
by the School Board. Seating was also discussed inasmuch as it appears that
during joint meetings, Council Members sit together as a group and School Board
Members sit together as a group. It was the consensus that for future work
sessions, Council Members and School Board Trustees will sit with their "buddies",
and City/School staff will sit with their counter parts. It was also noted that timing
of receipt of the printed agenda is problematic for the School Superintendent;
whereupon, it was the consensus that the joint agenda will be distributed one week
prior to the joint meeting. It was suggested that proposed agenda items will be
discussed by Council at its work session on the first Monday of the month preceding
the joint meeting.
Mr. Sumek suggested that quarterly meetings include dialogue with regard to
the progress of the two subcommittees which are to be appointed to address
branding and a facilities use policy, and that progress reports will become a routine
part of the agenda.
There being no further business, the City Council meeting was adjourned at
4:10 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
Page 57 of 57
C-1
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 18, 2003
2:00 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
February 18, 2003, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter
2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Reqular Meetinqs, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members C. Nelson Harris, Linda F. Wyatt, William D.
Bestpitch, William H. Carder, M. Rupert Cutler and Mayor Ralph K.
Smith ........................................................................................................... 6.
ABSENT: Council Member Alfred T. Dowe, Jr.- ........................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend 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 Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS: The Mayor presented a proclamation declaring Tuesday,
February 18, 2003, as former Congressman Jim Olin Day. He presented Mr. Olin with
a Key to the City, and he presented Mrs. Olin with a crystal star.
BUDGET-MANAGEMENT AND BUDGET: The Mayor advised that the City of
Roanoke's Department of Management and Budget has been honored by the
Government Finance Officers Association with its Distinguished Budget
Presentation Award, which represents a significant achievement by the City of
Roanoke. He stated that the award reflects the commitment of the governing body
and staff to meeting the highest principles of governmental budgeting; in order to
receive the budget award, the recipient must satisfy nationally recognized guidelines
for effective budget presentation and these guidelines are designed to assess how
well the recipient's budget serves as a policy document, a financial plan, an
operations guide and a communications device.
The Mayor presented a Certificate of Recognition for Budget Preparation and
a Distinguished Budget Presentation Award to the City Manager and to Barry Key,
Director of Management and Budget, with the congratulations of the Council and the
citizens of the City of Roanoke.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. The Mayor called attention to three requests for closed session.
MINUTES: Minutes of the regular meeting of City Council held on Monday,
November 20, 2000, and the regular meeting held on Monday, January 6, 2003, were
before the body.
Mr. Bestpitch moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr. Cutler
and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler,
and Mayor Smith ............................................................................................ 6.
NAYS: None ........................................................................................ -0.
(Council Member Dowe was absent.)
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting 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, was before the body.
Mr. Bestpitch 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)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Cutler
and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ........................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Dowe was absent.)
EASEMENTS-LICENSES-SPECIAL PERMITS: 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 public right-of-way at 3308 Franklin Road, S. W., was
before the body.
Mr. Bestpitch moved that Council concur in the request of the City Manager
to hold a public hearing on 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
public right-of-way at 3308 Franklin Road, S.W. The motion was seconded by
Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ............................................................................................ 6.
NAYS:None ......................................................................................... 0.
(Council Member Dowe was absent.)
AUDITS/FINANCIAL REPORTS-BUSES: Minutes of the meeting of the Greater
Roanoke Transit Company Audit Committee held on Monday, February 3, 2003, were
before the body.
Mr. Bestpitch moved that the minutes be received and filed. The motion was
seconded by Mr. Cutler and adopted by the following vote:
3
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ........................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
AUDITS/FINANCIAL REPORTS-MUNICIPAL AUDITOR: Minutes of the meeting
of the Audit Committee held on Monday, February 3, 2003, were before Council.
The following items were discussed:
City of Roanoke Letter of Recommendations on
Procedures 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
Cellular Telephones
Mr. Bestpitch moved that the minutes of the Audit Committee be received and
filed. The motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to discuss disposition of
publicly-owned property, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950),
as amended, was before the body.
4
Mr. Bestpitch moved that Council concur in the request of the City Attorney
to 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. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ............................................................................................ 6.
NAYS:None ......................................................................................... 0.
(Council Member Dowe was absent.)
CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to consult with legal counsel
on a 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, was before
the body.
Mr. Bestpitch moved that Council concur in the request of the City Attorney
to convene in a Closed Meeting to consult with legal counsel on 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. The motion was seconded by
Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
REGULAR AGENDA
PUBLIC HEARINGS:NONE.
PETITIONS AND COMMUNICATIONS:
LANDMARKS/HISTORIC PRESERVATION: Alison S. Blanton, President,
Roanoke Valley Preservation Foundation, appeared before Council in support of
preservation of the Fairacres property located at 2713 Avenham Avenue, S. W. She
advised that the Roanoke Valley Preservation Foundation was founded in 1988 as
a valley-wide, non-profit organization for the purpose of promoting the preservation
of the historic natural and cultural resources of the Roanoke Valley; and its goals are
to promote an awareness of the Roanoke Valley's resources, encourage resource
protection, provide technical assistance, and develop broad based community
support. She explained that annually a list of endangered sites is developed to
promote awareness and recognition of resources in the Roanoke region that are
threatened; in addition to publicizing the list, the Preservation Foundation works
with property owners to inform them of the various available preservation tools, and
the Fairacres property was included on the 2002 endangered sites list. She stated
that annually, the Preservation Foundation announces preservation awards as a part
of National Preservation Week, in order to. recognize those properties listed as
endangered with preservation awards; and past examples of this type of success in
Roanoke have included the Shenandoah Hotel, Norfolk and Western GOB North and
South, the passenger rail station, the Jefferson Center, and Grandin Theater, all of
which have contributed greatly to the successful development of Roanoke by
encouraging economic development and tourism and contributing to the quality of
life and sense of community that make Roanoke such an attractive place to live and
work.
Ms. Blanton advised that Fairacres is a unique property in the City of
Roanoke; the mansion, with its 2.5 landscaped acres, was built in 1912 by William C.
Stephenson, a prominent businessman closely involved in the early development
of Roanoke; despite conditions and circumstances of today, the property could
never be replaced, and it is important because it tells some of the story of the history
of Roanoke. She stated that Fairacres has currently been determined eligible for
listing on the Virginia Landmarks and the National Register of Historic Places, and
the goal of the Preservation Foundation is to preserve the integrity of the property,
and to maintain its historic eligibility, because it is important to have national
register properties in the Roanoke Valley; and the Preservation Foundation wishes
to work with local governments, communities and property owners to preserve
properties that are important to Roanoke's heritage by providing information that
makes preservation a viable alternative. She stated that the organization looks
forward to working with the Roanoke Council of Garden Clubs and any potential
property owner to promote the preservation of Fairacres. She called attention to a
number of preservation tools that have been provided to the Council of Garden
Clubs and also to potential buyers, and the Preservation Foundation stands ready
to act as a resource in the preservation of Fairacres.
On behalf of the Roanoke Valley Preservation Foundation, Ms. Blanton
requested that Council recognize Fairacres as a significant property in the City of
Roanoke which is worthy of preservation.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., immediate past President
of Neighbors in South Roanoke, advised that the South Roanoke Neighborhood Plan
was completed in 1988 and Neighbors in South Roanoke identified the following
guidelines to help with future neighborhood development: community values, the
unique neighborhood character and quality of life in the area should be maintained
and protected, the historic and architectural history of the neighborhood are
important features that should be acknowledged and protected, gateway entrances,
new development and construction in the neighborhood should be compatible in
design and scale with the existing residential and commercial community, the
environmental character of the surrounding area and the neighborhood should be
protected, enhanced and maintained through good land planning and design, and
zoning should better reflect the existing use of land. She stated that the properties
surrounding Fairacres are used as RS-l, Single Family Residential District; and the
South Roanoke Plan specifically refers to the importance of historic and
architectural resources, therefore, Fairacres should be protected.
Ms. Vickie Tomlinson, 25 Claybrook Court, Blue Ridge, Virginia, a new
resident to the Roanoke Valley, called attention to the historic beauty of the
Fairacres property. Having lived in the Annapolis, Maryland, and Miami, Florida,
areas for many years, she referred to the benefits of historic preservation to the
community. She alluded to the beauty of the Fairacres property, with its raised
panel wainscoting in the dining area, open beam ceilings, the beautiful entryway and
balustrades, and raised panel solid oak sliding pocket doors, all of which add to the
beauty and craftsmanship that is a part of the American heritage. She commended
the Council on its efforts to preserve the downtown area and asked that the historic
integrity of Fairacres also be protected and preserved.
George Kegley, representing the Roanoke Valley Preservation Foundation,
advised that the Preservation Foundation is not opposed to developing that portion
of Fairacres on the Longview Avenue side, however, he proposed that the integrity
of the building and the viewscape be protected on the Avenham Avenue side.
Mr. Cutler offered the following resolution:
"A resolution recognizing the architectural and historic significance of the
Fairacres property."
Mr. Cutler moved the adoption of the resolution. The motion was seconded
by Mr. Bestpitch.
Mr. Bestpitch advised that he was contacted by the President of the Roanoke
Council of Garden Clubs, Inc., which owns Fairacres and the surrounding property,
who expressed a concern that the Council of Garden Clubs was unaware that the
item was on the Council's agenda until shortly before the Council meeting. He
called attention to a communication from Charles H. Osterhoudt, Attorney,
representing the Roanoke Council of Garden Clubs, requesting that action on the
matter be delayed in order for the Council of Garden Clubs to address the issue;
whereupon, Mr. Bestpitch requested that action on the request of the Roanoke
Valley Preservation Foundation be deferred until the next regular meeting of Council
on Monday, March 3, 2003, at 2:00 p.m.
The Mayor advised that without objection by the Council, the matter will be
tabled until the regular meeting of Council on Monday, March 3, 2003, at 2:00 p.m.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES-AFFIRMATIVE ACTION: The City Manager submitted a
communication advising that 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, the City is focusing on two diversity related initiatives; i.e.: increasing the
diversity of its workforce, and developing the knowledge and skill base needed for
success in a diverse work environment; and Roanoke's success in accomplishing
these initiatives will make it a better organization and ultimately help the City to
reach the strategic goals set by Council.
It was further advised that efforts at increasing workforce diversity are based
on a broad and focused recruitment program; the City continues to forge
relationships and to develop partnerships between City staff, EEO/civil rights
organizations, colleges and universities, sororities, fraternities and other groups
interested in diversity, and progress has been made in this area.
The City Manager stated that clearly, the City is making headway in the area
of increasing diversity capacity, but it needs 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, the
City plans to change ownership of diversity from Human Resources to an internal
Leadership Diversity Advisory Group, and taking this next step is the way to make
diversity a part of the City's organizational culture, which effort has already begun.
It was further stated that the City's Leadership Team has embraced a new
leadership philosophy that specifically incorporates the concept of diversity; the
Leadership Team will also have responsibility for evaluating responses related to
diversity on the employee survey conducted by Virginia Tech during the latter part
of February; and using survey data as a starting point, the group will work to
understand individual and departmental impediments related to diversity, and advise
training staff, Human Resources and the City Manager concerning diversity
programs and policies.
It was noted that in order to improve the City's ability to recruit more women
and people of color, particularly in public safety positions, the City will continue to
refine its efforts to attract more women and minorities; and using ideas from an
advertising company, coupled with strategies to recruit at different venues, the City
intends to attract more women and people of color to City employment
opportunities.
The City Manager advised that a sound diversity strategy has been devised
and the City is headed in the right direction, particularly in the area of increasing
diversity capacity; the City has not been as successful as hoped in regard to hiring
more people of color, yet the City's hiring slowdown and a general attitude of
"hunkering down" among potential candidates exists in the hiring marketplace
today; and the City must continue in every way possible to attract a diverse pool of
candidates for City positions.
Mr. Ray Douglas, 3316 Kershaw Road, N. W., spoke on behalf of Brenda Hale,
President of the Roanoke Chapter, NAACP, who could not be present for the
meeting. He read a communication from Ms. Hale expressing appreciation to the
City Manager for the positive initiatives that have led to making the Roanoke City
workforce more diverse. He advised that the past three years, under the direct
leadership of Roanoke's City Manager, show that all City departments now employ
persons of color. He also expressed appreciation to the Roanoke City Department
of Human Resources, along with the Roanoke Chapter of the NAACP, which jointly
sponsored the second annual job fair in May, 2002; and advised that recruitment
efforts continue to be made at community colleges. On behalf of Ms. Hale, he called
attention to other efforts by the Roanoke Chapter of the NAACP which include
seeking partnerships with NAACP branches in other areas; and advised that it is
exciting that the Employment Development Program which was implemented in 2001
has provided City employees with the opportunity to advance within the
organization; and the day long diversity program continues to be held and has
received 100 per cent participation. He called attention to major concerns in regard
to the inability to raise the number of minorities in public safety positions, with the
Police and Fire Departments still grossly under represented. On behalf of Ms. Hale,
he commended the City's ongoing initiatives that are bringing about positive
changes and the continued level of commitment related to a higher level of diversity.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., applauded Council's
directive to the City Manager to broaden the diversity found in Roanoke City
departments. She asked that Council also make an effort to include diversity in its
appointments to authorities, boards, commissions, and committees because
Roanoke's economy is national and international and City boards and commissions
should reflect wide based representation by Roanoke's citizens.
Ms. Wyatt expressed concern in regard to the role of women within the City
government organization, particularly in the area of protective services. She called
attention to the following percentages: Sheriff's Department - 22.2 per cent female,
Police Department-27 per cent female, and Fire Department-5.74 per cent female,
and noted that there is work that needs to be done in those areas.
Vice-Mayor Harris commended the City's progress in connection with
providing a diverse workforce, and expressed appreciation to the Roanoke Chapter,
NAACP, for its partnership and cooperation with the City of Roanoke.
Mr. Bestpitch advised that while he appreciates the work of the City Manager
and the City administration, it is recognized that there are continued challenges to
be addressed. He called attention to a process for nominating and receiving
information on persons who are interested in serving on various City Council
appointed boards and commissions which is administered by the City Clerk on
behalf of the Council. He referred to numerous other localities that do not offer this
opportunity for their citizens, and advised that the City of Roanoke has an open
process of encouraging persons who are interested in volunteering their service to
complete nomination forms that are reviewed by Council prior to filling vacancies.
Without objection by Council, the Mayor advised that the City Manager's
communication would be received and filed.
FEE COMPENDIUM-OUTDOOR DINING: The City Manager submitted a
communication advising that on April 1,2002, Council adopted Ordinance No. 35792-
040102 which provided for an outdoor dining permit program and amended the Fee
Compendium; 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 regarding the fee structure limited applicants'
interest in applying for an outdoor dining permit and were addressed when Council
reduced the fees to $3.25 per square foot in Ordinance No. 35943-061702 adopted
on June 17, 2002; and 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.
The City Manager recommended that Council amend the Fee Compendium to
reduce the original fee of $7.00 per square foot to $3.25 per square foot for calendar
year 2003, with a minimum three-month commitment from the applicant, and with the
permit fee for calendar year 2004 to be reconsidered and established by Council at
a later date as deemed appropriate.
Mr. Carder offered the following ordinance:
(#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.
(For full text of Ordinance, see Ordinance Book No. 67, page 125.)
Mr. Carder moved the adoption of Ordinance No. 36237-021803. The motion
was seconded by Mr. Bestpitch.
Question was raised as to the response to outdoor dining during the first year
of operation; whereupon, the City Manager advised that one restaurant experienced
a successful year. She called attention to ongoing discussions with representatives
of four additional restaurants who have expressed an interest in participating this
year, although identification of a location to store outdoor dining equipment
continues to be a problem.
Ordinance No. 36237-021803 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith ................................................................................................. -6.
NAYS: None ......................................................................................... -6.
(Council Member Dowe was absent.)
TRAFFIC-BUDGET-STATE HIGHWAYS: The City Manager submitted a
communication advising that 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; and
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.
It was further advised that in the summer of 2002, VDOT shared with the City
of Roanoke its analysis of how these ramps would relate to the proposed 1-73
interchange at 1-581/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 Council; and VDOT is also now evaluating the potential
modification of the existing Wonju Street interchange to enhance access to RCRT.
It was explained that a Member of Council suggested that staff revisit 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 identification of the likely interchange design that will
be needed in the long range future and consider potential interim modifications that
might improve interchange operations to meet current needs of the area; and to this
end, staff is preparing to issue requests for proposals from firms that could
adequately review the issues and offer guidance.
The City Manager recommended that Council appropriate $100,000.00 from the
Streets & Bridges Capital Improvement Reserve, Account No. 008-052-9575-9181, to
a new account to be entitled, Elm Avenue and 1-581 Interchange Study.
Mr. Carder offered the following budget ordinance:
(#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.
(For full text of Ordinance, see Ordinance Book No. 67, page 126.)
Mr. Carder moved the adoption of Ordinance No. 36238-021803. The motion
was seconded by Mr. Harris.
Ms. Wyatt expressed concern with regard to the intersection of 1-581 and Elm
Avenue which is one of the most traffic congested intersections in the City of
Roanoke, and encouraged the City Manager to include the intersection as a part of
the proposed study.
Mr. Bestpitch requested clarification with regard to the routing of 1-73 and
advised that Council has taken a firm position expressing concern about the
Commonwealth Transportation Board's decision to route 1-73 through southeast
Roanoke; whereupon, the City Manager advised that nothing is being proposed that
will alter the position of Council relative to the routing of 1-73. She explained that
staff is attempting to bring to a head the issue of improvements to the Elm Avenue
Interchange, which may be stalled forever unless the City takes the initiative,
because it is believed that the traditional design that might come forth by VDOT for
the interchange may not be in the best interest of the City. Therefore, she advised
that additional design work is requested that the City can take to VDOT as a
suggested alternative for development of the Elm Avenue Interchange. She stated
that this will be the first step, and once the design is completed and approved by
Council, it will be necessary to lobby VDOT to take action.
Mr. Cutler concurred in the remarks of Mr. Bestpitch in respect to not wanting
it to appear that the City has changed its position of opposition to the routing 1-73
through southeast Roanoke. He inquired if the request for proposals to review the
Elm Avenue/I-581 Interchange will also relate to the access to the Riverside Bio
Medical Centre. The City Manager responded that the City will continue to review
alternatives for access to the Centre; when the Bio Med Centre was first envisioned,
it was the desire of the Bio Med Institute and Carillon for certain improvements to
the Elm Avenue Interchange, however, since that concept appears to be tied up
indefinitely in the 1-73 issue, there is a need to identify an alternative access point,
and to this end the City has engaged in discussions with VDOT, the latest of which
is the suggestion by VDOT that improvements to the Wonju exit would be preferable
to a new ramp leading to the Bio Med site. She noted that one member of Council
has suggested that Williamson Road might be improved as an access point and
also allow for additional development of the area, all of which will be taken into
consideration as staff reviews alternatives.
Mr. Carder called attention to previous discussions with certain principals of
the Bio Medical Centre who initially hoped that Williamson Road/Elm Avenue could
serve as the entrance to the Bio Medical Centre, and mainly because emphasis was
on redevelopment of the Williamson Road/South Jefferson corridor. He cautioned
that the City should be careful as to where it locates the entrance, because it then
becomes necessary to look at development patterns when traffic is routed offof Elm
Avenue to another entrance. He stated that it is important to note that a large part
of the Riverside Centre is the redevelopment of certain areas of the City and traffic
helps to stimulate that type of redevelopment.
In a further discussion of the matter, the City Manager advised that City staff
is not fully convinced that routing traffic off at the Wonju interchange is the best
solution, particularly if Elm Avenue could be improved, which is the most logical
location for improvements. She stated that while the focus of the study is on Elm
Avenue and the ramps that cut up to and off of Elm Avenue, staff will look at traffic
to be generated by the Riverside Centre and the VDOT option of the Wonju
interchange, which is in principle and has not been financed. She added that it is
believed that unless the City intervenes through a study of the Elm Avenue
Interchange, the City will be left with a solution that will not address Elm Avenue at
any time within the next decade, and staff believes that there is a solution for the
Elm Avenue Interchange that could be developed and put in place before 1-73 is
constructed.
Ordinance No. 36238-021803 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler and Mayor
Smith ............................................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
BUDGET-SNOW REMOVAL: The City Manager submitted a communication
advising that agencies responsible for snow removal operations are experiencing
a heavier demand on snow removal resources than in previous years; the Virginia
Department of Transportation (VDOT) recently announced that it had already spent
$42 of its $48 million budgeted for snow removal at the end of January 2003; and
VDOT is taking steps to redirect additional funds to support snow removal
operations.
It was further advised that likewise, the City's budgeted amount of $208,328.00
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); a shipment of an additional 900 tons of salt should be
received later this week, but additional funding is needed to replenish the salt supply
]4
and to fund other snow removal expenses; funding will allow additional salt to be
ordered to create a salt stockpile capable of fighting two. three moderate storms
and will establish sufficient funding to replenish supplies if the current trend of
winter weather continues; and total funding for chemicals would allow for the
purchase of up to 2,470 tons of salt based on a purchase price of $60 per ton.
The City Manager recommended that Council transfer $250,000.00 from
Account Nos. 001-530-4110-1002 ($85,000.00), 001-530-4160-1002 ($50,000.00) and
001-300-9410-2199 ($115,000.00), to Snow Removal Account No. 001-530-4140, as
follows:
1003 Overtime Wages
1120 FICA
2010 Fees for Professional Services
2035 Expendable Equipment
2038 Motor Fuels & Lubricants
2045 Chemicals
$ 59,818.00
$ 4,576.00
$ 14,500.00
$ 15,000.00
$ 7,808.00
$148,298.00
Mr. Harris offered the following budget ordinance:
(#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.
(For full text of Ordinance, see Ordinance Book No. 67, page 127.)
Mr. Harris moved the adoption of Ordinance No. 36239-021803. The motion
was seconded by Mr. Carder.
The City Manager commended City employees on snow/ice removal efforts,
many of whom have worked since Saturday, February 15 at 3:00 p.m., on 12 hour
shifts, in order to clear the City's streets as a result of the snow/ice event that
occurred on Saturday and Sunday, February 15 - 16, 2003. She advised that all of
the City's arterial routes and Valley Metro routes have been plowed and as of
11:30 a.m., this morning, 95 per cent of all of the school bus routes were plowed,
although 40 per cent still contained a certain amount of snow and ice, and
approximately 70 per cent of the residential streets still have a covering of snow and
ice, even though 90 per cent of the streets have been plowed and treated. She
stated that the City has in excess of 700 tons of salt remaining which can
accommodate a moderate storm.
Ordinance No. 36239-021803 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
BUDGET-FDETC: The City Manager submitted a communication advising that
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; Council must appropriate funding for all grants and
other monies received by the FDETC; the FDETC has received notice of an award of
Governor's Discretionary 15 per cent funds of $82,072.00 from the Virginia
Department of Social Services, which funds are to be used to provide services to
clients enrolled in the Welfare to Work Program; and funds are to be used for
program costs only and are available through June 30, 2004.
It was further advised that 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; residents of
surrounding areas will be targeted with the funds; funds are available from the
Grantor agency and other sources as indicated, at no additional cost to the City; and
immediate action will allow activities to be implemented and completed within the
planned time frames of January 1, 2003 through June 30, 2004.
The City Manager recommended that Council appropriate FDETC funding
totaling $82,072.00, and increase the revenue estimate by $82,072.00 in accounts to
be established in the Consortium Fund by the Director of Finance.
Mr. Bestpitch offered the following budget ordinance:
(#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.
(For full text of Ordinance, see Ordinance Book No. 67, page 128.)
Mr. Bestpitch moved the adoption of Ordinance No. 36240-021803. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ........................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that the plight of homeless individuals and families has
been at the forefront of the community's attention for more than a decade, and 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; and 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.
It was further advised that based on Roanoke's 2002 Continuum of Care
application, the Roanoke Homeless Assistance Team Renewal was funded for a total
of $413,006.00 for a three-year period beginning February 1, 2003.
The City Manager recommended the following:
Authorize the City Manager to accept the Roanoke
Homeless Assistance Team Renewal Grant Award in the
amount of $413,006.00 from the U. S. Department of
Housing and Urban Development and execute the required
grant documents on behalf of the City.
Authorize the City Manager to execute documents
associated with implementation of the grant renewal.
Appropriate $413,006.00 Supportive Housing Funds, with
a corresponding revenue estimate in an account to be
established by the Director of Finance in the Grant Fund.
Mr. Carder offered the following budget ordinance:
17
(#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.
(For full text of Ordinance, see Ordinance Book No. 67, page 129.)
Mr. Carder moved the adoption of Ordinance No. 36241-021803. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ............................................................................................ 6.
NAYS: None ........................................................................................ -0.
(Council Member Dowe was absent.)
Mr. Harris offered the following resolution:
(#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.
(For full text of Resolution, see Resolution Book No. 67, page 131.)
Mr. Harris moved the adoption of Resolution No. 36242-021803. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
REPORTS OF COMMITTEES:
ANNUAL REPORTS-COMMUNITY PLANNING: A report of the City Planning
Commission transmitting its 2002 Annual Report, was before Council.
The Mayor advised that without objection by Council, the report would be
received and filed.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of funds for the following school accounts, was before
Council.
$15,669.00 for the Refugee School Impact 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 100 per cent reimbursed by Federal funds.
$42,757.00 from the Capital Maintenance and Equipment Replacement
Funds for replacement of musical instruments, administrative
technology equipment, facility maintenance and custodial equipment,
and handicap access modifications at William Fleming High School.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Mr. Carder offered the following budget ordinance:
(#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.
(For full text of Ordinance, see Ordinance Book No. 67, page 132.)
Mr. Carder moved the adoption of Ordinance No. 36243-021803. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ........................................................................................... -6.
NAYS:None ........................................................................................ ~.
(Council Member Dowe was absent.)
UNFINISHED BUSINESS:
BUDGET-BRIDGES-CMERP: The Mayor advised that at the Council's work
session on Monday, February 3, 2003, it was the consensus of Council to place an
item on the February 18, 2003, City Council agenda with regard to voting on the
issue of pedestrian and/or vehicular access to the First Street Bridge; whereupon,
the matter was before the body.
Mr. Carder moved that 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 possible use of Capital
Maintenance and Equipment Replacement funds and Transportation Enhancement
funds. The motion was seconded by Mr. Bestpitch.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., referred to previous
architectural renderings calling for a pedestrian walkway for the First Street Bridge,
at a cost estimate of $800,000.00, and inquired if there is a problem with traffic
coming into the downtown area. He stated that an expenditure of $2.2 million was
quoted by The Roanoke Times for bridge renovations, which is an expenditure that
will be of concern to many citizens in view of the City's current budget situation. He
advised that the greater question is, why does the City need to spend $2.2 million
on the bridge at this time, does the City have a traffic problem and, if not, is this
action being taken to construct a $2.2 million memorial to Dr. Martin Luther King, Jr.
He stated that no funds should be spent on the First Street Bridge at this time, the
bridge is a one of a kind left-over historic landmark, which represents a wonderful
relic from Roanoke's past, the bridge is currently for pedestrian purposes and
should continue to be used by pedestrians only.
Dr. Gerald Roller, 1135 Clearfield Road, S. W., addressed Council as a member
of the Medical History Foundation, Inc., which is attempting to develop a medical
history that would incorporate the history of the black medical community,
beginning with the early or late 1800's and would include part of the area of Henry
Street, including the Claytor Clinic and Burrell Hospital, etc. He explained that the
goal of the organization is to complete its work by the 100th anniversary of the City
of Roanoke, which is several years away and will include not only Roanoke's
medical history, but also the developing osteopathic school at Virginia Tech and the
public health service. He advised that the Henry Street Bridge ties the Henry Street
area to downtown Roanoke, and it is not clear as to whether there needs to be
another access for vehicular traffic to downtown; whereupon, he proposed that the
matter be tabled pending further study and a status report by the Medical History
Foundation, Inc.
The Reverend Edward Mitchell, 1570 16th Street, N. W., representing the
Southern Christian Leadership Conference (SCLC), spoke in support of naming the
First Street Bridge in memory of the late Dr. Martin Luther King, Jr. He stated that
the SCLC supports one-way vehicular traffic on the First Street Bridge from Henry
Street to downtown Roanoke, particularly when taking into consideration such
venues as the Roanoke Higher Education Center and the Dumas Center for Artistic
Development, etc.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that those
organizations involved in the Gainsboro Neighborhood Plan are of one accord in
recommending that the First Street Bridge should remain a pedestrian bridge. From
a personal perspective, she advised that vehicular traffic should not be allowed on
the First Street Bridge; a large sum of money was spent by the City on the
construction and realignment of Gainsboro Road and construction of the new
Gainsboro Bridge, both of which were built at a detriment to the Gainsboro
community; and currently there are adequate vehicular channels into the Gainsboro
neighborhood; i.e.: Williamson Road, Fifth Street, and Gainsboro Bridge. She called
attention to comments regarding the routing of traffic into downtown Roanoke;
however, if the First Street Bridge brings vehicular traffic into downtown, it could
also bring the same traffic into the Gainsboro neighborhood; therefore, residents are
opposed to vehicular traffic in any direction on the First Street Bridge. She
suggested that those funds proposed to be spent on the First Street Bridge could
be more effectively used for improvements for housing throughout the City. She
called attention to funds already expended by the City on the Gainsboro Bridge to
provide for a loop into downtown which has proven to be an effective routing of
vehicular traffic; therefore, there is no need for one-way traffic on the First Street
Bridge. She implored the Council to be good stewards of the taxpayers' money, and
to engage in those projects that will prove to the citizens of Roanoke that the City
is interested in its citizens rather than vehicles.
Mr. Carder advised of the need to breathe life back into the Henry Street area.
He stated that Wells Avenue improvements and Second Street Bridge improvements
have created a huge cul-de-sac that is almost impossible to develop on its own, and
by routing traffic through the area, there is an increased perception of a secure
environment. He called attention to discussion with representatives of the Dumas
Artistic Center, the Harrison Museum of African-American Cutlure, and the Roanoke
Higher Education Center, all of whom understand the need to redevelop the area,
privately and with incentives, and he emphasized the need to provide as much
accessibility as possible to help with redevelopment of the area.
Ms. Wyatt advised that the vision was to have a railside linear walk that would
link the City Market area to the Transportation Museum, with the linear walk
providing a way to access pedestrians to the Henry Street area, which would serve
as a kind of historical walking tour of the City, including a history museum, the
Harrison Museum of African-American Culture and the Transportation Museum, and
it will not be conducive to a walking tour environment if vehicular traffic is allowed.
She stated that residents, neighborhood organizations and area neighborhoods in
general were not consulted about their wishes for the Henry Street area. She added
that an expenditure of $2.2 million, as opposed to $800,000.00, at a time when the
City is sorely pressed for money is not good stewardship of the taxpayers' money.
Mr. Bestpitch advised that in looking at the number of dollars that could be
spent, $800,000.00 versus $2.2 million, cost efficiency takes into consideration the
amount of money spent relative to the number of people who will benefit by the
expenditure. He stated that if the additional money is spent to allow one way
vehicular access on the First Street Bridge, cost efficiency will be much greater
because there will be a higher number of people driving rather than walking across
the bridge. He added that he has heard no one describe how Warehouse Row,
Grand Piano, the Dumas Center for Artistic Development, the Harrison Museum, the
Roanoke Higher Education Center, or RNDC Crew Suites development will benefit
by having the First Street Bridge pedestrian only, and, in fact, the case has been
made that development is lagging in the area because the bridge is pedestrian only
at this time. He called attention to ways to place more emphasis on people rather
than on automobiles through the development of a shuttle service, and providing a
loop to the downtown area that would allow people to park in one location and
access public transportation in order to move from point to point around, in and out
of the downtown area. He stated that one of the major benefits of making the
vehicular access from the north side into downtown Roanoke across the First Street
Bridge is to route a shuttle bus past the Gainsboro Parking Garage, which is one of
the points that the City has available for this type of parking. For those reasons, he
advised that he intends to support the motion which will help to improve
development in the area without providing any major problems for those persons
who prefer to walk.
Vice-Mayor Harris advised that there are compelling reasons on both sides for
pedestrian only versus pedestrian/limited vehicular. He stated that his initial
inclination was to vote for pedestrian only; however, since the last Council meeting,
he was visited by representatives of the Dumas Center, the Harrison Museum, and
the Higher Education Center who spoke to the benefits of limited vehicular access
on the bridge by virtue of the desire to enhance mobility, accessibility, safety,
security, etc., around the various facilities. He noted that the Council and the
22
community as a whole has made a significant investment in the viability of these
enterprises that will have to live day in and day out with the decisions made by the
Council. He stated that one way vehicular traffic leaves open the opportunity for the
City to close the bridge to vehicular traffic at any time for festivals and special
events, etc. He noted that the bridge was constructed in 1890 and the City Engineer
reported at the last Council meeting that the bridge is not safe for any significant
bearing of load, it is a historic structure and the visual integrity of the bridge will be
protected as an architectural feature of the downtown. He advised that he was not
in favor of tabling the matter for future discussion and/or study because the First
Street Bridge represents a glaring piece of unfinished business in Roanoke's
downtown area, and he intended to support the motion.
Mr. Cutler advised that for a long time he has believed that the Gainsboro area
and the Henry Street area should be considered as a part of downtown Roanoke,
and, in recent years, access across the railroad tracks from one side to the other has
been reduced by the closure of Jefferson Street to vehicular traffic and the closure
of the tunnel; therefore, access across the railroad tracks should be increased and
improved. He stated that making the First Street Bridge both a one-way vehicular
bridge and a pedestrian bridge would contribute to improved access to the rapidly
developing Henry Street area. He further stated that he supports the motion to
provide one lane of vehicular traffic and one lane of pedestrian traffic on the First
Street Bridge, and an official greenway trail should be routed over the bridge as a
part of the Lick Run Greenway, as should a shuttle bus route to bring commuters
from the Gainsboro Parking Garage to the downtown area. He also stated that he
would support the naming of the First Street Bridge and associated parking lands
as a memorial to the late Dr. Martin Luther King, Jr., and it should be left to the
discretion of the Roanoke Arts Commission to recommend how best to incorporate
an architectural way, educational plaques, or a statuary to best accomplish this
important goal.
The Mayor advised that when the First Street Bridge was closed to vehicular
traffic, he was a daily user of the bridge, but he quickly adjusted to the new traffic
pattern and discovered that it was just as easy to use Williamson Road or the
Second Street Bridge in his travels around the City. He stated that the First Street
Bridge is a narrow bridge that would be handicapped by vehicular traffic; it is the
only bridge of any significance remaining in the City from the 19th century and to
improve the bridge for pedestrian use only would not detract from the 1890's bridge
architecture, and beams could be added to the under side which would allow the
bridge to still resemble a 19th century bridge, while accommodating walking and
festival traffic. He expressed concern that the bridge will lose its character of a 19th
century bridge if improvements are made to allow for a vehicular bridge; and the
funds could be used on other City needs. For those reasons, he stated that he
intends to vote against the motion.
vote:
There being no further discussion, the motion was adopted by the following
AYES: Council Members Harris, Bestpitch, Carder and Cutler ...... , .......... -4.
NAYS: Council Member Wyatt and Mayor Smith ..................................... 2.
(Council Member Dowe was absent.)
INTRODUCTION AND CONSIDERATION
RESOLUTIONS:
OF ORDINANCES AND
TRAFFIC-BUDGET-TRANSPORTATION SAFETY: Ordinance No. 36232, on
second reading, amending and reordaining certain sections of the 2002-03 Capital
Projects Fund Appropriations, transferring $236,870.00 in connection with traffic
calming initiatives, having previously been before the Council for its first reading on
Monday, February 3, 2003, 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:
(#36232-021803) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 67, page 124.)
Mr. Harris moved the adoption of Ordinance No. 36232-021803. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith ................................................................................................ -6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
BRIDGES-ACTS OF ACKNOWLEDGEMENT: Mr. Carder moved that the newly
renovated First Street Bridge be named 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. The motion was seconded by Mr. Cutler.
It was the consensus of Council that since the matter was not listed on the
printed agenda, citizens should have the opportunity to address the motion.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that naming the First
Street Bridge in memory of Dr. King is an insult to the City, to the citizens of
Roanoke, and represents the easy way out. She stated that the time is always right
to do the right thing; the motion should be tabled until a later date when all Members
of the Council are present and citizens should have been advised prior to the
Council meeting that the matter was to be discussed. She advised that if the motion
is adopted, Council will be ignoring the democratic process.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., Co-Chair of the Dr. Martin
Luther King, Jr. Memorial Committee which was previously appointed by the City
Manager, advised that the committee was not afforded the opportunity to formally
present its report and recommendations to the Council. She stated that a portion
of the committee's recommendations were a freedom walk and a justice square that
should be incorporated into plans to connect Lick Run in an effort to break down
barriers and to build bridges between the community. She encouraged Council to
support the motion which is a small token that will further the effort to involve
citizens in making Roanoke an inclusive community.
The Reverend Edward Mitchell, 1570 16th Street, N. W., advised that on
numerous occasions, Council has been requested to honor Dr. King's memory, and
each time the suggestion was either not good enough, or someone was not
satisfied; therefore, he requested that the City of Roanoke act now to honor Dr. King.
When looking at the First Street Bridge, he referred to a history of African-Americans
who walked across the bridge to access stores in the downtown area and to reach
water fountains that said "White" on one side and "Black" on the other side, but
African-Americans walked across the First Street Bridge to address those issues
until they were resolved. Therefore, he stated that there is no better place to name
in Dr. King's honor when talking about bridging the gap, which is what Dr. King
stood for. He stated that the Southern Christian Leadership Conference (SCLC) is
supportive of the motion which is a start to honor Dr. King in an appropriate way,
because Henry Street is a part of the black community and a part of downtown
Roanoke.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., advised that the reason the
City of Roanoke does not have a memorial to Dr. King today is because the
Dr. Martin Luther King, Jr. Memorial Committee recommended the naming of
Elmwood Park in memory of Dr. King which was the most inappropriate
recommendation that any committee could have made. He stated that he is not
opposed to renaming the First Street Bridge in memory of Dr. King, which is an
appropriate and reasonable way to honor this great Civil Rights leader, but the First
Street Bridge alone is an issue within itself. He inquired if the City plans to spend
over $2 million to make the First Street Bridge a one-way vehicular bridge in order
to put the King issue to rest; and, if that is the case, he suggested establishment of
a $1 million scholarship in Dr. King's name that will be used to benefit the education
of impoverished children.
No other persons wishing to be heard and there being no further discussion
by the Council, the motion was adopted.
CITY PROPERTY: Mr. Bestpitch advised that at its meeting on Tuesday,
January 21, 2003, Council tabled an ordinance with regard to disposition of
property located at the intersections of Gainsboro and Gilmer Road and Gainsboro
and Harrison Avenue; whereupon, he moved that the ordinance be removed from the
table. The motion was seconded by Mr. Carder and adopted.
Mr. Bestpitch further advised that in a closed meeting, he requested that
Official Tax No. 2011718 contain a restriction that no grading will be permitted on the
parcel of land which is a steep bank along the edge of Gainsboro Road; however, his
request was not included in the original ordinance that was before the Council at its
public hearing on Tuesday, January 21, 2003; whereupon, he offered the following
revised ordinance:
(#36244-021803) 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.
(For full text of ordinance, see Ordinance Book No. 67, page 134.)
Mr. Bestpitch moved the adoption of Ordinance No. 36244-021803. The motion
was seconded Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith .................................................................................................. 6,
NAYS:None .......................................................................................... 0.
(Council Member Dowe was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
COMPLAINTS-ROANOKE CIVIC CENTER-LICENSES: Ms. Karen Graybill, 4617
Casper Drive, N. E., appeared before Council in connection with the City's expanded
application to sell alcoholic beverages at any event at the Roanoke Civic Center.
She stated that the Salem Civic Center has been issued a license to sell alcoholic
beverages, but chooses not to sell alcohol at concerts. She added that it has been
stated that the reason certain groups do not come to the Roanoke Civic Center is
because alcohol is not permitted to be sold; however, she contended that they do
not perform at the Roanoke Civic Center because of seating accommodations; it
should be noted that the Roanoke Civic Center currently has sold-out events without
selling alcohol; and as a parent, she does not want her children to be exposed to
events where alcohol is sold. She advised that the Roanoke Civic Center is a
smoke-free facility and if civic center patrons can attend an event where tobacco is
prohibited, they should be able to attend an event where alcohol is not allowed.
Mr. Levi Dent, 119 Noble Avenue, N. E., Pastor, Another Chance Ministries,
spoke on behalf of Concerned Christians from the Community, in connection with
the City's expanded application for a license to sell alcohol and wine at Roanoke
Civic Center events. He stated that he understands that the City wants to make
money and compete with other civic centers for concerts and events; however, he
requested that it be taken into consideration that alcohol and wine promotes trouble,
especially at rap concerts, since rap music promotes violence, degrades women,
and degrades authority figures.
Mr. Juan Varr, 3106 Plantation Road, N. E., advised that approximately 230
persons representing 30 churches and 30 different faiths attended a meeting at the
Hollins Road Baptist Church on February 10, 2003, to express their concerns with
regard to the City's expanded application for a beer and wine license at the Roanoke
Civic Center. As a result of the meeting, he stated that a large number of persons
indicated a desire to attend the February 20th hearing by the Alcohol Beverage
Control Board which is to be held in the Bankruptcy Court in the Poff Federal
Building; the Bankruptcy Court will accommodate approximately 70 persons,
therefore, a change of venue has been requested to accommodate the large number
of persons who are expected to attend. He inquired if the City is prepared to
proceed with its application before the ABC Board and encouraged dialogue with
those persons in the community who are against issuance of the expanded license.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., referred to battles that are
currently being waged within Roanoke's neighborhoods to stop the sale of alcohol,
and referred to a hearing before the Alcohol Beverage Control Board that will also
take place on February 20th in Richmond, Virginia, led by an Old Southwest
Roanoke resident who is seeking to cause a neighborhood market to lose its ABC
license for the alleged illegal sale of alcoholic beverages. He stated that the ABC
Board should hold the City accountable to the same high standards as any other
applicant and deny the City's expanded application to sell alcoholic beverages at
Roanoke Civic Center events.
Mr. Al Bedrosian, 8346 Cardington Drive, N. W., addressed Council as a
husband and the father of five children. He stated that he has listened to admirable
discussion at the Council meeting today on legitimate issues such as not
discriminating against people of color, helping the homeless, and the First Street
Bridge, but the City stoops to an all time Iow when it seeks to expand the use of
alcohol at the Roanoke Civic Center. He called attention to the following issues
reported by the news media; i.e.: it is legal to apply for a license, the people of
Roanoke demand to have alcohol, entertainers expect that alcohol will be sold on
the premises, and there is a promise by the City that alcohol will not be sold at
events where children are in attendance. In response to the above issues, he stated
that not everything that is legal is good, there is no substantiated documentation
that citizens of Roanoke and entertainers at the civic center expect alcohol to be
sold on the premises, and alcohol is currently being sold at sporting events where
children are present.
Elizabeth Doughty, President, Roanoke Regional Chamber of Commerce,
representing the Executive Committee of the Chamber of Commerce, which is the
largest business organization in the western half of the State, with 1,450 members,
spoke to the issue of modifying the City's license at the Roanoke Civic Center to sell
beer and wine at appropriate events. She advised that the Chamber of Commerce
views the license as an issue of competitiveness and economic development. She
stated that creating the option to sell beer and wine at a greater number of Civic
Center events directed at adults will allow the Civic Center to become competitive
in the marketplace and not only create a level playing field between the Salem and
Roanoke Civic Centers, but level the playing field among the Roanoke Civic Center's
peer venues such as those in Richmond, Washington, D. C., and Greensboro, North
Carolina, which compete for the kind of premier events that make Roanoke proud
and successful as a community, and by allowing the kinds of services and amenities
that will allow the Roanoke Civic Center to meet market demands, leading to a
greater chance of success which is a part of economic development benefits. She
added that a Civic Center that is competitive in events and amenities will create
wealth in the community by attracting people who spend money in Roanoke's
hotels, restaurants, and business establishments. She stated that a Civic Center
that does not meet market demand in terms of quality of events or experiences will
not have the expected economic development benefit. She advised that a
representative of the Chamber of Commerce talked with representatives of Civic
Centers with which the Roanoke Civic Center competes, and all have the kind of
ABC license that allows beer and wine to be sold at a variety of events, and all of
these Civic Centers stressed that they use their best judgment to withhold such
sales at inappropriate events, such as those directed at children and teenagers. She
explained that there is not only precedent for this kind of action, but examples on
which the Roanoke Civic Center can draw, and civic center staff will use not only
their best judgment but the examples used by other civic centers to sell alcohol
appropriately to the consumer.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke in support of the remarks
made by previous speakers in opposition to the sale of alcohol at the Roanoke Civic
Center. She advised that she lives close to the Civic Center and has been disturbed
by loud and foul language and noise created by persons leaving civic center events.
She added that this is another example of citizens having to read about the City's
proposed actions in the newspaper; and Roanoke cannot be compared with any
other city because it is unique and is a city within itself. She asked that Council
listen to the citizens and do what is best for Roanoke, that there be dialogue
between Council and its citizens; and the City's request to sell alcohol at Civic
Center events is a bad decision that the City may regret.
G. Michael Pace, 10 Franklin Road, S. W., spoke from the perspective of an
attorney whose business is located in the City of Roanoke, and his involvement in
a number of civic and retail initiatives. He expressed support for the granting of an
expanded ABC license at the Roanoke Civic Center. He stated that the purpose of
the Roanoke Civic Center, as with any civic center or auditorium, is to attract and
provide entertainment events on a consistent basis to as many residents and
persons outside the region as possible; and in doing so, the civic center promotes
economic development, and generates needed revenue for not only the City of
Roanoke, but for the Roanoke Valley as a whole. He added that in order to maintain
its competitiveness with other facilities in the state, which currently have an
expanded ABC license to sell beer and wine at all appropriate events, the Roanoke
Civic Center should have the same opportunity. He stated that concerns about
control and safety can be adequately addressed by Roanoke Civic Center staffwith
appropriate policies and safeguards, and there is no reason to believe that the
experience of the Roanoke Civic Center will be any different if it has an expanded
license similar to those at other facilities with which it competes on a daily basis.
On the issue of whether or not the Civic Center will compete with, or cause a
disadvantage to establishments in downtown Roanoke in the sale of beer and wine,
he advised that these businesses stand to gain by the attraction of more people to
the downtown area, and will have the opportunity to serve meals or sell goods either
before or after civic center events. He noted that the Roanoke Civic Center is a
major contributor to economic development in the Roanoke Valley and the greater
Roanoke region, and its reach is far and wide; the Roanoke Valley is the
entertainment and cultural hub of the western part of Virginia; and entertainment
events are an integral part to any strategy, not only to attract people to the area, but
to retain those persons who already live in the Roanoke Valley. For the above
reasons, he advised that he supports an expanded ABC license atthe Roanoke Civic
Center to allow the sale of beer and wine at all appropriate events.
Calvin Johnson, 3530 Windsor Road, S. W., Chairman of the Roanoke Civic
Center Commission, advised that the Civic Center has supplied the Roanoke Valley
and southwest Virginia with outstanding entertainment events. He stated that as
Chairman of the Civic Center Commission, he has not personally received
complaints about the sale of alcohol, or other misconduct at the Civic Center,
although letters have been received from citizens expressing concern with regard
to the request to expand the Civic Center's ABC license. He stated that Roanoke is
a diverse community that serves many people and the various ethnic and religious
groups are not discriminated against. He added that the Roanoke Civic Center is
committed to bringing entertainment events and meetings to the community that will
cause citizens to want to live in Roanoke, while encouraging others to visit the
community. Because of the diversity of those served at the Civic Center, he advised
that there are those persons who wish to purchase alcoholic beverages, and
guidelines are in place to address the issue.
Speaking as a long time member of the Roanoke Regional Chamber of
Commerce, the Mayor advised that the view of the Executive Committee as
expressed by Ms. Doughty is not the unanimous opinion of the members of the
Chamber of Commerce. He expressed concern over broadening the scope of the
ABC license at the Civic Center; whereupon, he invited a motion by the Council to
instruct Roanoke Civic Center management to rescind its application for expanded
usage of alcohol at the Civic Center.
Vice-Mayor Harris moved that Council instruct City staff to rescind its
application for increased usage of alcoholic beverages at the Roanoke Civic Center.
The motion was seconded by Ms. Wyatt.
Mr. Bestpitch inquired as to who determined the time and location of the ABC
Board's hearing; whereupon, the City Manager responded that it was the
responsibility of the ABC Board. He inquired if the City has the prerogative to
schedule the hearing at a different location that would accommodate a larger
number of persons who might be interested in attending; whereupon, the City
Manager responded that the City of Roanoke does not have the authority to change
the venue or the time of the hearing. She advised that the ABC Board is aware of the
significant number of persons who have expressed an interest in the matter.
Mr. Bestpitch offered a substitute motion that Council request the ABC Board
to consider relocating the hearing to a location that will accommodate a larger
number of persons. The motion was seconded by Mr. Cutler.
Following discussion as to the status of the original motion, versus the
substitute motion, the Mayor ruled that the substitute motion was out of order.
Mr. Bestpitch offered a motion to challenge the ruling of the Chair. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder and Cutler .................... -4.
NAYS: Vice-Mayor Harris and Mayor Smith ............................................ -2.
(Council Member Dowe was absent.)
3]
The substitute motion was then adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder and Cutler ..................... -4.
NAYS: Vice-Mayor Harris and Mayor Smith .............................................. -2.
(Council Member Dowe was absent.)
CITY MANAGER COMMENTS:
ACTS OF ACKNOWLEDGMENT-BRIDGES: The City Manager expressed
appreciation to Council for its leadership in regard to previous action to provide that
design of the First Street Bridge will be completed as soon as possible for vehicular
one-way traffic and a pedestrian bridge; and for the naming of an appropriate site
(the First Street Bridge) in memory of the late Dr. Martin Luther King, Jr., both of
which are decisions that will bring the community closer together.
At 5:25 p.m., the Mayor declared the meeting in recess for three closed
sessions.
At 6:20 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding and all Members of the Council in attendance, with the exception of
Council Member Dowe.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
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. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ........................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Dowe was absent.)
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: The Mayor
advised that there is a vacancy on the Personnel and Employment Practices
Commission, created by the death of Jeanette E. Hardin, for a term ending June 30,
2003; whereupon, he opened the floor for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Virginia Stuart.
There being no further nominations, Ms. Stuart was appointed as a member
of the Personnel and Employment Practices Commission, for a term ending June 30,
2003, by the following vote:
FOR MS. STUART: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ........................................................................................... 6.
(Council Member Dowe was absent.)
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor advised that there
is a vacancy on the Industrial Development Authority due to the resignation of
Stark H. Jones, for a term ending October 20, 2006; whereupon, he opened the floor
for nominations to fill the vacancy.
Mr. Carder placed in nomination the name of Allen D. Williams.
There being no further nominations, Mr. Williams was appointed as a Director
of the Industrial Development Authority for a term ending October 20, 2006, by the
following vote:
FOR MR. WILLIAMS: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ........................................................................................... 6.
(Council Member Dowe was absent.)
COMMITTEES-PARKS AND RECREATION: The Mayor advised that there are
three vacancies on the Parks and Recreation Advisory Board; whereupon, he
opened the floor for nominations.
Mr. Bestpitch placed in nomination the names of Mary F. Monk, Jim Hale and
Carl H. Kopitzke.
33
There being no further nominations, Ms. Monk and Messrs. Hale and Kopitzke
were appointed/reappointed as members of the Parks and Recreation Advisory
Board, for terms ending March 31, 2006, by the following vote:
FOR MS. MONK AND MESSRS. HALE AND KOPITZKE: Council Members
Harris, Wyatt, Bestpitch, Carder, Cutler and Mayor Smith .................................. 6.
(Council Member Dowe was absent.)
COMMITTEES-LEAGUE OF OLDER AMERICANS: The Mayor advised that the
one year term of office of Vickie F. Briggs as a City representative to the Advisory
Committee - League of Older Americans, will expire on February 28, 2003;
whereupon, he opened the floor for nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Vickie F. Briggs.
There being no further nominations, Ms. Briggs was reappointed as a member
of the Advisory Committee - League of Older Americans, for a term ending
February 28, 2004, by the following vote:
FOR MS. BRIGGS: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ............................................................................................ 6.
(Council Member Dowe was absent.)
AIRPORT-OATHS OF OFFICE-COMMITTEES: The Mayor advised that the term
of office of James M. Turner, Jr., as a member of the Roanoke Regional Airport
Commission will expire on March 9, 2003; whereupon, he opened the floor for
nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of James M. Turner, Jr.
There being no further nominations, Mr. Turner was reappointed as a member
of the Roanoke Regional Airport Commission, for a term ending March 9, 2007, by
the following vote:
FOR MR. TURNER: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ............................................................................................ 6.
(Council Member Dowe was absent.)
34
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised
that the terms of office of Sherman V. Burroughs, Raymond DeBose, Jr., and Tuan
Reynolds as members of the Fair Housing Board will expire on March 31, 2003; and
whereupon, he opened the floor for nominations to fill the vacancies.
Mr. Bestpitch placed in nomination the names of Sherman V. Burroughs,
Raymond Debose, Jr., and Tuan Reynolds.
There being no further nominations, Messrs. Burroughs, Debose and
Reynolds were reappointed as members of the Fair Housing Board, for terms ending
March 31, 2006, by the following vote:
FOR MESSRS. BURROUGHS, DEBOSE AND REYNOLDS: Council Members
Harris, Wyatt, Bestpitch, Carder, Cutler and Mayor Smith ................................. -6.
(Council Member Dowe was absent.)
OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER:
The Mayor advised that the term of office of William White, Sr., as a member of the
Hotel Roanoke Conference Center Commission will expire on April 8, 2003;
whereupon, he opened the floor for nominations.
Mr. Bestpitch placed in nomination the name of William White, Sr.
There being no further nominations, Mr. White was reappointed as a member
of the Hotel Roanoke Conference Center Commission for a term ending April 8, 2007,
by the following vote:
FOR MR. WHITE: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ............................................................................................ 6.
(Council Member Dowe was absent.)
OATHS OF OFFICE-COMMITTEES-CABLE TELEVISION: The Mayor advised
that there is a vacancy on the Roanoke Valley Regional Cable Television Committee
created by expiration of the term of office of Danny Frei; whereupon, he opened the
floor for nominations.
Mr. Bestpitch placed in nomination the name of Delvis O. (Mac) McCadden.
There being no further nominations, Mr. McCadden was appointed as a
member of the Roanoke Valley Regional Cable Television Committee, for a term
ending June 30, 2005, by the following vote:
FOR MR. MCCADDEN: Council Members Harris, Wyatt, Bestpitch, Carder,
Cutler and Mayor Smith ................................................................................. 6.
(Council Member Dowe was absent.)
At 6:25 p.m., the Mayor declared the meeting in recess to be reconvened at
7:00 p.m., in the City Council Chamber.
At 7:00 p.m., on Tuesday, February 18, 2003, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the
following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members C. Nelson Harris, Linda F. Wyatt, William D.
Bestpitch, William H. Carder, M. Rupert Cutler, Alfred T. Dowe, Jr., 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 reconvened meeting was opened with a prayer by Vice-Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PUBLIC HEARINGS:
CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Tuesday, February 18, 2003, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of the City of Roanoke, 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, Permitted uses, and Section 36.1-185, Permitted uses,
to remove medical clinics as a permitted use in the CN, Neighborhood Commercial
District, a nd the C-1, 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, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 7, 2003 and Friday, February 14, 2003.
A report of the City Planning Commission recommending approval of the
proposed text amendments, advising that the amendments further the intent of
Vision 2001-2020 to update the zoning ordinance to accommodate changes in land
uses and to protect and improve the quality of life in the City's neighborhoods, was
before Council.
Mr. Carder offered the following ordinance:
(#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 III, 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-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 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-1, Office District; and dispensing
with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 135.)
Mr. Carder moved the adoption of Ordinance No. 36245-021803. The motion
was seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter.
There being none, he declared the public hearing closed.
37
Mr. Bestpitch requested a definition of the term "licensed professional
medical practitioners". He advised that "licensed professional medical
practitioners" has a specific and limited meaning that the individual has attended
medical school, graduated and subsequently been licensed to practice the
profession of medicine.
The City Attorney advised that according to research performed by his office
and the Zoning Administrator, it has been determined that a broad term is used in
the State Code to refer to a variety of medical practitioners or professions that are
now registered by the State, other than that which is traditionally thought of as
physicians.
Mr. Bestpitch advised that a medical practitioner is a person who has attended
medical school, and any person who practices an associated health related
profession may be helping people to heal, but they are not medical practitioners;
therefore, he stated that he was unsure of what the proposed ordinance will
accomplish. He stated that many of these types of clinics have only one medical
director who is not always on the premises on a full time basis and because there
is only one licensed professional medical practitioner, it can be said that the facility
is not a medical clinic, but a medical office, and may continue to operate by right in
those instances where the City is of the opinion that it should operate by special
exception. He requested some form of verification that the Commonwealth of
Virginia has changed its definition of the meaning to practice medicine, and
cautioned attempts by the City to amend the City Code to state that "licensed
professional medical practitioners" does not mean today what it meant several years
ago. He advised that "licensed medical practitioners" has one clear, specific and
limited meaning -- doctor.
There being no further discussion, Ordinance No. 36245-021803 was adopted
by the following vote:
AYES: Council Members Harris, Wyatt, Carder, Cutler, Dowe and Mayor
Smith ........................................................................................................... 6.
NAYS: Council Member Bestpitch ............................................................. 1.
EASEMENTS-SPECIAL PERMITS: Pursuant to action of the Council, the City
Clerk having advertised a public hearing for Tuesday, February 18, 2003, at
7:00 p.m., or as soon thereafter as the matter may be heard, 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 corner of 1 West Campbell Avenue and Jefferson
Street, S. W., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 7, 2003.
A report of the City Manager advising that Hong Ki Min, owner of I West
Campbell Avenue, located at the corner of Campbell Avenue and Jefferson Street,
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, S. W.; the
revocable encroachment will extend approximately 30 inches into the right-of-way
of Jefferson Street, at a height above the sidewalk of 8'8"; the right-of-way of
Jefferson Street at this location is approximately 61 feet in width; and liability
insurance and indemnification of the City by the applicant shall be provided, subject
to approval of the City's Risk Manager.
The City Manager recommended that 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 installation of an awning that encroaches into the
right-of-way of Jefferson Street, S. W.
Mr. Carder offered the following ordinance:
(#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 corner 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.
(For full text of Ordinance, see Ordinance Book No. 67, page 137.)
Mr. Carder moved the adoption of Ordinance No. 36246-021803. The motion
was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter.
There being none, he declared the public hearing closed.
There being no questions/comments by Council Members, Ordinance No.
36246-021803 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
CITY MARKET-LEASES: Pursuant to action of the Council, the City Clerk
having advertised a public hearing for Tuesday, February 18, 2003, at 7:00 p.m., or
as soon thereafter as the matter may be heard, with regard to a proposal of the City
of Roanoke to award a contract for lease and management of the Historic City
Market Building, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 7, 2003.
A report of the City Manager advising that in response to a Request For
Proposals for Operational Management of the City Market Building, which was
advertised on November 8, 2002, the City received four proposals for lease and
management; a review team interviewed all four firms and after thoroughly reviewing
each proposal and checking references, the review team selected Advantis Real
Estate Services Company as its first choice to provide the requested services, due
to the company's level of experience, specific experience with similar operations,
commitment to cleanliness, extensive leasing and marketing capability and
experience with tenant relations, was before Council.
The City Manager recommended that she be authorized to enter into a Lease
and Management Agreement, to be approved as to form by the City Attorney, with
Advantis Real Estate Services Company, for a term of one year with one, one year
renewal option, at a management fee of $24,000.00 for the initial term and $25,200.00
for the renewal term, which funds were previously appropriated by Council.
Mr. Carder offered the following ordinance:
(#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.
(For full text of Ordinance, see Ordinance Book No. 67, page 139.)
40
Mr. Carder moved the adoption of Ordinance No. 36247-021803. The motion
was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter.
There being none, he declared the public hearing closed.
There being no questions/comments by the Members of Council, Ordinance
No. 36247-021803 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response, report and
recommendation to Council.
MILITARY ACTION-COUNCIL: The Reverend Rusty Dinkins-Curling, 2817
Cumberland Street, N. W., presented a resolution proposed by an organization
known as Alternatives to War, opposing unilateral preemptive military action against
Iraq by the United States of America. He requested that Council adopt the measure
opposing the United States threatened violation of the United Nations Charter by
unilateral preemptive military action against Iraq and the precedent such action
would establish, and that the President and the Congress be urged to work with and
through the United Nations to obtain compliance by Iraq with United Nations
Security Council resolutions and that war should not be undertaken unilaterally or
preemptively by the United States.
Ms. Susie Fetter, 2923 Carolina Avenue, S. W., spoke in support of adoption
of the above referenced resolution for reasons dealing primarily with the potential
for humanitarian disaster, displacement of people, and the potential unintended
consequences that may have global possibilities. She addressed economic
concerns, and advised that the estimate of war is between $100 and $200 billion, in
addition to the present defense budget, which means fewer resources for
communities like the City of Roanoke.
Ms. Gene Edmunds, 2322 Rosalind Avenue, S. W., Chaplain, Roanoke City and
Roanoke County Jails, advised that as a Christian minister, she is naturally opposed
to war in general, and to this war in particular, for those reasons set forth in the
resolution. She referred to the potential for loss of lives on all fronts as a result of
the war, and called upon Council to provide the necessary leadership by adopting
the proposed measure opposing the war on Iraq.
Ms. Willow Dees, 517 Allison Avenue, S. W., spoke in support of adoption of
the resolution. She stated that she previously worked at a homeless shelter where
she had daily contact with veterans, both of the Gulf War and of previous conflicts,
who were dealing with mental health problems, physical health problems,
addictions, homelessness, and poverty, and it was obvious that available
services/resources locally were not sufficient to meet their needs. She stated that
she was appalled that the United States government is considering creating more
veterans and sending more service people into danger and into war when it is
obvious that veterans of previous conflicts are not adequately cared for.
COMPLAINTS-ACTS OF ACKNOWLEDGMENT-ROANOKE CiViC CENTER:
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 and a community and
state leader, Mr. Craft suggested that Council honor Roanoke's Delegate to the
House of Representatives, A. Victor Thomas, for his many contributions.
COMPLAINTS: Mr. Robert Gravely, 3860 Hershberger Road, N. W., expressed
concern with regard to the overall condition of the City of Roanoke.
At 8:30 p.m., the Mayor declared the meeting 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.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
April 7, 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:
Vacation ofSewerEasement-Hidden Oak
Road, SW- Tax Nos. 5050220, 5050221, &
5050222
Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public
hearing on the proposed vacation of property rights. This is to request that a public hearing be
advedised on the above matter for Council's regular meeting to be held on Monday, April 21, 2003.
A full report will be included in the April 21,2003, agenda material for your consideration.
Res~ubmitted,
City Manager
DLB/sef
O:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
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
April 7, 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:
Setting of public hearing
for Conveyance of
Jefferson Gym to YMCA
Background:
The YMCA has expressed an interest in acquiring the property on which the
Jefferson Gym is located. The YMCA is in need of a new facility to
accommodate its expanding number of programs.
Considerations:
According to the draft Agreement, the City of Roanoke can transfer the title to the
YMCA with certain conditions. If the YMCA obtains the Jefferson Gym, the
YMCA will make available some of its resources, including various fitness and
safety programs, to City youth. This exchange will support the recently
developed Roanoke Youth Initiative Program.
Honorable Mayor and Members of Council
April 7, 2003
Page 2
Recommended Action:
Authorize a public hearing on April 21,2003 for the authorization of executing an
agreement for the transfer of the real estate described herein.
Re~spectfully submitted,
City Manager
DLB:kaj
C;
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Steven C. Buschor, Director of Parks and Recreation
Rolanda B. Russell, Assistant City Manager for Community Development
#CM03-00053
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.roanokc.va.us
April 10, 2003
File #110-230
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Robert Humphreys
2405 Laburnum Avenue, S. W
Roanoke, Virginia 24015
Dear Mr. Humphreys:
Your communication tendering your resignation as a member of the Roanoke Arts
Commission, effective immediately, was before the Council of the City of Roanoke at a
regular meeting which was held on Monday, April 7, 2003.
On motion, duly seconded and adopted, the communication was received and filed and
your resignation was accepted.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the Roanoke Arts Commission
from March 19, 2001 to April 7, 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.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Mark C. McConnel, Chair, Roanoke Arts Commission, 546 Camilla Avenue, S. E.,
Roanoke, Virginia 24014
Judith M. St. Clair, Secretary, Roanoke Arts Commission
Stephanie M. Moon, Deputy City Clerk
H:~Aaenda.03~ADril 7. 2003 corresoondence.wpd
Robert Humphreys
Roanoke Arts Commission
2405 Laburnum Ave. S.W.
Roanoke, VA 24015
March 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice-Mayor
Honorable William D. Bestpitch
Honorable William H. Carder
Honorable M. Rupert Cutler
Honorable Alfred T. Dowe, Jr.
Honorable Linda F. Wyatt
Mayor and Members of Council:
I write with many regrets to inform you that I must resign from my position as a member of the
Roanoke Arts Commission. Because of recent events in my personal life and ever increasing
responsibilities to my immediate and extended family I have had to accept the fact that I will be
unable to fulfill my duties on the commission.
I informed the commission at the January meeting that I would have to depart and that I would
stay just long enough to pass my projects on to the other members. This transition now having
been completed it is time for me to officially resign.
1 appreciate Council's appointment to the commission and apologize for the early departure. I
leave a body of intelligent and insightful individuals who hold the best interests of the City of
Roanoke within them. I must say that you are fortunate to have this group advising you and
representing the city as a whole.
In parting I will make just one more plug for the arts, which this council has so generously
supported. A reminder when you and our future councils consider the arts, that Roanoke is
known elsewhere in the world by our largest piece of public art, our star.
Thank You,
R6~ert Hl~mlStireys
RoanOke Arts Commission
CC.
Darlene Burcham, City Manager
Mary Parker, City Clerk
Roanoke Arts Commission Members
Judith St. Clair, Recording Secretary
CITY OF RO_..ANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
April 10, 2003
File #15-110-200
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Martha P. Franklin, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Franklin:
This is to advise you that Gilbert E. Butler, Jr., D. Kent Chrisman and Henry Scholz have
qualified as members of the City Planning Commission, for terms ending December 31,
2006.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Stephanie M. Moon, Deputy City Clerk
H:~Aaenda.03~Apdl 7, 2003 correspondence.wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Gilbert E. Butler, Jr., do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the City Planning Commission, for a term ending
December 31,2006, according to the best of my ability (So help me God).
Subscribed and sworn to before me this !~day of ~9.~.~ 2003.
ARTHUR B. CRUSH, III, CLERK
By<~
, DEPUTY CLERK
N:\CKMHl~Agenda.03\March 3, 2003 Oaths.wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, D. Kent Chrisman, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the City Planning Commission, for a term ending
December 31,2006, according to the best of my ability (So help me God).
Subscribed and sworn to before me this ~ day of ~ 2003.
ARTHUR B. CRUSH, III, CLERK
B~DEPUTYCLERK
N:\CKMHl~Agenda.03\March 3, 2003 Oaths.wpd
CITY CLERK '03 MAR 18
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Henry Scholz, do solemnly swear (or affirm) that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as a member of the City Planning Commission, for a term ending December 31, 2006,
according to the best of my abi~~
Subscribed and sworn to before me this I~'day of~"Y'Y-~cJ~ 2003.
ARTHUR B. CRUSH, III, CLERK
, DEPUTYCLERK
N:\CKMH%Agenda.03\March 3, 2003 Oaths.wpd
CITY.. OF R ANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
April 10, 2003
File #15-110-178
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Dolores C. Daniels, Secretary
Fair Housing Board
Roanoke, Virginia
Dear Ms. Daniels:
This is to advise you that Sherman V. Burroughs has qualified as a member of the Fair
Housing Board, for a term ending March 31,2006.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Stephanie M. Moon, Deputy City Clerk
H:~.~enda.03~April 7, 2003 correspondence.wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Sherman V. Burroughs, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Fair Housing Board, for a term ending
March 31,2006, according to the best of my ability, (so help me God).
Subscribed and sworn to before me this ,/~ day of ,/~,,,--~S 2003.
ARTHUR B. CRUSH, III, CLERK
BY ~ '~'~-.~ /~,D~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~¢i.roanoke.va.us
April 10, 2003
File #15-110-247
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Raymond D. Smoot, Jr., Secretary
Hotel Roanoke Conference Center Commission
Vice President for Administration and Treasurer
Virginia Tech
312 Burruss Hall
Blacksburg, Virginia 24061
Dear Mr. Smoot:
This is to advise you that William White, Sr., has qualified as a member of the Hotel
Roanoke Conference Center Commission, for a term ending April 8, 2007.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Stephanie M. Moon, Deputy City Clerk
H:~Agenda.03~April 7, 2003 correspondence.wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, William White, Sr., do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Hotel Roanoke Conference Center Commission,
for a term ending April 8, 2007, according to the best of my ability, (so help me God).
Subscribed and sworn to before me this lot day ofC~r, ~ r ~,, 2003.
ARTHUR B. CRUSH, III, CLERK
,DEPUTYCLERK
H:~Agenda 03\February 18, 2002.Oaths.wpd
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
April 7, 2003
The Honorable Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request from Habitat for Humanity in the Roanoke
Valley, Inc. in which they will present a faux check representing property taxes,
permit fees, and local sales taxes paid to the City by homeowners and the
Habitat for Humanity Store at the regular meeting of City Council on Monday,
April 7, 2003.
DLB:sm
c: City Attorney
Director of Finance
City Clerk
City Manager
Building homes in partnership with G. ed's people in need.
U~TY CL,.~'~
701 C eve and Avenue, S.W, * RoanoRe,
(540) 344-0747 Fax: (540) 343-1492
www,hgbi'J-at-roanoke.org
Board of Directors
David Camper
President
Geraldine Barber
Vice President
F Wiley Hubbell
Treasurer
Terry Ta~bolff Smith
Secretory
Mark Kidd
Sandy Light
Liz Wicks
Cindy Gray
Kathy Killian
Robert Field
Ran Cronise
Doris J, Rogers
William Sparrow
David McCray
Walton Rutherfoord
Tom Dalzell
Forrest Landon
Robert Turco~e
Mike Etienne
Linda Pharis
Karen L. Mason
Executive Director
Jean A Darby
Program Director
JanJce Fddley
Administrative Assistant
Mike Erdmann
Construction Manager
Steve Gross
Assistant Const. Manager
Chris Church
Store Manager
Bobby Meadows
Assistant Store Manager
March 17, 2003
Ms. Stephanie M. Moon
Deputy City Clerk
215 Church avenue SW, Room 456
Roanoke, VA 24011-1536
Dear Ms. Moon:
This is to confirm that Habitat for Humanity in the Roanoke Valley, Inc. will
make a 10-minute presentation at the April 7 City Council meeting at 2 p.m.
Mayor Smith suggested we contact you to ensure we are scheduled to present at
the beginning of the session.
We plan to present City Council with a faux check representing property taxes,
permit fees, and local sales taxes paid to the City by our homeowners and our
Habitat Store. Additionally, David Camper, President of Habitat for Humanity in
the Roanoke Valley, Inc., and Tom Dalzell, board member, will both be present to
briefly discuss our new house designs. Habitat homeowner, Beverly Shumar, will
make a few remarks regarding her success as a homeowner.
Please feel free to call me at 344-0747 if you have any questions or need
additional information.
Sincerely,
Karen L. Mason
Executive Director
jkf
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
April 7, 2003
The Honorable Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request from Family Service of the Roanoke Valley, in
which two teen leaders will present specifics of National Youth Services Day and
issue a personal invitation to Council Members at the regular meeting of City
Council on Monday, April 7, 2003.
DLB:sm
c: City Attorney
Director of Finance
City Clerk
Respectfully submitted,
City Manager
~qR-20-2~3 10: ~
i Famil¥Service
of Roanoke valley
3601Campbell A~, SW, Roanoke, VA 2403.6 · Phone (540) 563-,5316 · Fax (540) 563-5254
5 E. Court St., Sra. 201, Rocky MourlL VA 2415.I · Phone (5401483.4223 · Fax (540) 483-0233
Mary Parker
Clerk, Roanoke 2ity;- ~ "·.
Noel C. Taylor i ImaJcipal Bldg
215 Church St. '
Roanoke, VA 2, 011
Dear Ms. Pm'k~
20 March 2003
On behalf of the teen leaders of United with Youth, a division of Family Service of Roanoke
Valley, I am wri :lng to request permission to speak in front of City Council on April 7, 2003.
We would welcc me the opportunity for two teen leaders to briefly present the specifics of
National Youth :.;ervice Day and to issue a personal invitation to council members.
If you have any; ucstions or re, quire more information, I can be reached at 563-5316 (4018).
Thank you for y~ur consideration.
Sincerely,
Laura Boutwell
United with Yodth Coordinator
TOTRL P. 02
crrY 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.reanokegov.com
April 7, 2003
The Honorable Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request from Dr. E. Wayne Harris, Superintendent of
Schools, in which he will make a presentation on the Career and Technical
Education Program at the regular meeting of City Council on Monday, April 7,
2003.
DLB:sm
c: City Attorney
Director of Finance
City Clerk
submitted,
Darlene L.~
City Manager
Roanoke
City Public Schools
Office of the Superintendent · P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381
March 20, 2003
Ms. Mary F. Parker, Clerk
City of Roanoke
215 Church Avenue, SW, Room 456
Roanoke, Virginia 24011
Dear Ms. Parker:
Roanoke City Public Schools is appreciative of the opportunities we have had in the past
to present instructional programs at City Council meetings. The superintendent would
like to present an update regarding the division's Career and Technical Education
program at the afternoon session of the April 7, 2003, City Council meeting. Dr. Harris
envisions the presentation to last 15 minutes.
Please call me at 853-1656 or e-mail me at smeadows(~roanoke, kl2. va. us if you have
any questions or need additional information.
Sincerely,
Scott Meadows, Coordinator
Marketing and Community Engagement
Excellence in Education
Slide 1
This report focuses on the efforts that are being made
in Roanoke City Public Schools to educate students
to thrive in a changing economy. The U.S. economy
is changing rapidly in ways that will have disastrous
consequences for workers who lack skills that are
now necessary for many good jobs. We are
absolutely committed to making certain that Roanoke
City students acquire those skills and graduate from
our high schools prepared for success.
Slide 2
When you visit our schools you will see a number of
programs that resemble the vocational programs
familiar to most of us. As the programs have changed
and expanded to meet the workforce needs of the 21st
century - the names have changed from
Vocational Education to
Business and Technical Education
And from business and Technical Education to
Career and Technical Education.
In addition to teaching the skills required in each
career program, focus is placed on mathematics,
readin.q, writin.q and communication skills. Students
must also be able to solve problems, work effectively
with diverse groups and use computers.
We work closely with employers and organizations
like the Virginia Employment Commission who help
us "set the right course" for our students, now and in
the future.
Slide 3
Now for an overview of the scope of the Career and
Technical course offerings:
· Business offerings grow more complex each
year as our schools respond to the work needs
of the community. Our students become highly
skilled in the operation of computers and
peripheral equipment as they work with
information systems and accounting.
· In the area of Family and Consumer Sciences
students learn the techniques of working with
young children.
· Since Roanoke is a major health care center,
the Health Care Assistant program is designed
to prepare students for successful entry into this
field.
Slide 4
· Increasingly, we are becoming a global
community with our economy closely intertwined
with the rest of the world. Our marketing
programs are designed to provide our students
with training that will allow them to compete in
the world marketplace.
· Technology has forced rethinking of our
curriculum to include a variety of courses that
focus on engineering and innovative
applications of technology.
· Our trades and industrial courses such as
welding and automotive technician allow
students to work with industry standard
equipment. These courses sound like the old
vocational courses but they, too, have been
redesigned to reflect technology.
Slide 5
We are very excited about three new courses:
° The first is Sports, Entertainment and
Recreation Marketing which allows students
to develop skills in marketing analysis, event
marketing, communication and human
relations. The program began this year at
Patrick Henry High School and will be offered
next year at William Fleming. Who knows,
perhaps the management of our civic center
complex will be handled by one of these
students in the future.
· The second course, Virtual Enterprise, is
designed to develop entrepreneurship.
Beginning next year our students will be
involved in web-based business. This
program enables students to experience all of
the facets of being an employee of a firm
ranging from human resources, accounting,
product development, to production,
distribution, marketing and sales.
· Finally, a Criminal Justice course will be
offered next year for students to have an
opportunity to gain experience and knowledge
in law enforcement, corrections and the court
system.
Slide 6
More students opt to participate in Career and
Technical education courses each year. We have
seen growth over the past three years. Our projection
is that our student numbers will increase again this
year.
Slide 7
Let me give you a glimpse of the Career and
Technical Education courses available to our
students for college credit.
· 10 Career and Technical Education courses
may be taken for college credit. These
courses range from welding to international
marketing.
Benefits of earning college credit while in
high school include:
· "Jump start" in college
· Introduces students to college level work
· Financial savings
Slide 8
Many students are engaged in on-the-job training
programs. In 2000-01 and in 2001-02 our students
earned over half a million dollars. That amount will
increase again this year.
Slide 9
Advanced Auto, First Union, Lewis Gale Hospital
and many other area employers train our
students and pay them as they learn.
Slide 10
Certain fields offer industry certification, which says,
to employers nationwide that this student possesses
the specialized skills that meet industry specifications.
Many times certification counts toward graduation --
even counting for the Standards of Learning tests.
Slide 11
Certification spans the field from FAA Pilot's licensure
to Microsoft Office Specialist.
'7
Slide 12
An objective of our Career and Technical program is
to connect our students with employers. One of the
best ways is at the annual Job Fair. The Fair will be
held tomorrow in the Civic Center Assembly Hall, and
I encourage you to make a short visit for a first-hand
look at this exciting event.
· 65-70 employers participate
· Typically, 100 students attend
· Last year 38 students were offered jobs
Slide 13
In summary,
· Enrollment has increased
· College credit courses have been expanded
· Industry certification programs are added
each year
· Students develop a relationship with
employers
The Career and Technical Education Advisory
Council works closely with our Director of Career and
Technical Education, Dr. Crystal Taylor, to ensure
that employers have input into our programs.
Slide 14 '~'~'~'
Career and Technical Education impacts the
~G and ~ARNING potential of Roanoke City
students. The program goals are to:
· Provide students with 21st century workplace
skills
· To enhance the career and earning potential of
our students; and
· To partner with the businesses in our region to
impact economic development.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOIxqZ
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
April 10, 2003
File #9-60
STEPHANIE M. MOON
Deputy CiO' Clerk
SHE1LA N. HARTMAN
Assistant City Clerk
Jacqueline L. Shuck, Executive Director
Roanoke Regional Airport Commission
5202 Aviation Drive, N. W.
Roanoke, Virginia 24012-1148
Dear Ms. Shuck:
I am enclosing copy of Resolution No. 36270-040703 approving the Roanoke Regional
Airport Commission's 2003-2004 proposed operating and capital budget, as more
particularly set forth in a report from the Airport Commission dated March 12, 2003, upon
certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, April 7, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Diane S. Childers, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800,
Roanoke, Virginia 24018-0798
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
H:~Aaenda.03~Aoril 7.2003 corresoondence.wDd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of April, 2003.
No. 36270-040703.
2003-2004 proposed
conditions.
A RESOLUTION approving the Roanoke Regional Airport Commission's
operating and capital budget upon certain terms and
BE IT RESOLVED by the Council of the City of Roanoke that in
accordance with the requirements of the Roanoke Regional Airport Commission
Act, as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of
Assembly, and the Roanoke Regional Airport Commission Contract dated January
28, 1987, as amended by First Amendment, dated December 6, 1996, the City of
Roanoke hereby approves the Airport Commission's 2003-2004 proposed
operating and capital budget, as well as a separate listing of certain proposed
capital expenditures, as more particularly set forth in a report from the Commission
to this Council, dated March 12, 2003.
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
April 7, 2003
The Honorable Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request from Jackie Schuck with the Roanoke Airport
Commission, in which she will present their budget to Council Members at the
regular meeting of City Council on Monday, April 7, 2003.
DLB:sm
c: City Attorney
Director of Finance
City Clerk
Respectfully submitted,
City Manager
ROANOKE REGIONAL AIRPORT COMMISSION
5202 A~aflon Drive
Roanoke, VA 24012-1148
(540) 362-1999
FAX (540) 563,4838
www. roonokeoirport,com
March 12, 2003
Honorable Mayor and Members
Roanoke City Council
215 Church Avenue, SW
Roanoke, Virginia 24011
Re:
Roanoke Regional Airport Commission Fiscal Year 2003-
2004 Budget and Proposed Capital Expenditures
Dear Mayor Smith and Members of Council:
In accordance with the requirements of the Roanoke Regional Airport Commission
Contract dated January 28, 1987, as amended, the Roanoke Regional Airport Commission is
hereby submitting its Fiscal Year 2003-2004 Operating Budget (Attachment I) for approval. This
Budget was adopted by the Commission at its meeting on March 12, 2003. We are also providing
a separate listing of Capital Expenditures which are expected to exceed $100,000 in cost and are
intended to benefit five or more future accounting periods (Attachment II).
You will note that no deficit is anticipated in either the Operating Budget or for the listed
Capital Expenditures; therefore, no additional appropriations are being requested or anticipated
from the City or the County of Roanoke. Formal approval of the Operating Budget and the
Capital Expenditure List by resolution of each of the participating political subdivisions would be
appreciated.
I would be pleased to respond to any questions or comments that you may have with regard
to this matter. On behalf of the Commission, thank you very much for your assistance and
cooperation.
Very truly yours__
Jacqueline L. Shuck
Executive Director
Enclosures
CC:
Chairman and Members, Roanoke Regional Airport Commission
Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission
William Hackworth, Roanoke City Attorney
Mary F. Parker, Clerk, Roanoke City Council
¢sp030703
06-Mar-03 ATrACHMENT I
ROANOKE REGIONAL AIRPORT COMMISSION
FOR YEAR 2003-2004 BUDGET
~ary~MyFiles~Budget\Budge12003-04\CommBudg2003-2004
2002-2003 Amended 2003-2004 Budget
EXPENSE BUDGET Bud~let Expenditures Expenditures
1. Operations and Maintenance Expenses
A. Salaries, Wages and Benefits $2,657,070 $2,811,826
B. Operating Expenditures 2,574,095 2,566,770
C. Other Maintenance Projects 0 45,000
Total Operations and Maintenance 5,231,165 5,423,596
2. Non-Operating Expenses
A. Interest 234,086 246,365
B. Debt Service 335,000 350,000
Total Non-Operating 569,086 596,365
3. Capital Expenses
A. Capital Projects and Purchases 98,400 202,850
B. Multi -Year Projects 151,880 101,880
Total Capital Expenses 250,280 304,730
Total Budgeted Expenditures $6,050,531 $6,324,691
2002-2003 Projected 2003-2004 Projected
REVENUE PROJECTIONS Revenues Revenues
1. Operating Revenues
A. Airfield $1,275,400 $1,459,348
B. GeneralAviation 230,318 232,285
C. Terminal Related 4,035,426 4,057,311
D. Other Revenues 245,286 400,780
Total Projected Operating Revenues 5,786,430 6,149,724
2. Non-Operating Revenues
A. Interest from Debt Service 40,000 40,000
B. Interest on Investments 425,500 411,157
Total Projected Non-Operating Revenues 465,500 451,157
Total Projected Revenue $6,251,930 $6,600,881
ATTACHMENT H
Proposed Capital Expenditures
(For projects expected to exceed $100,000 in
cost and intended to benefit five or more accounting periods)
I. Pr~ects
A. Construct EMAS Runway Safety Area:
Description: Construct a soft concrete pad in the safety area for Runway 15 to
stop aircraft which may overrun the runway.
Justification: The current FAA design standards specify that Airports are to
attempt to provide 1,000 feet of grassed area (safety area) beyond the end of each
runway for the safe stoppage of aircraft which may overrun the runway when
landing. The safety area for Runway 15 is only 600 feet long before it intersects
with Peters Creek Road. During the last few years a material called EMAS
(engineered material arresting system) has been developed and approved by the
FAA for use by airports with non-standard safety areas.
Estimated Cost:
$ 5,000,000
B. Relocate Taxiwav A and G:
Description: Relocate the west end of Taxiway G and the center portion of
Taxiway A, including the demolition of the former terminal building, Hangar #2
and Hangar #3.
Justification: The western end of Taxiway G and the center portion of Taxiway
A are located too close to the Runways and do not meet FAA design criteria.
During the past five years, the remaining portions of both taxiways have been
relocated to at least 330 feet from each runway centerline; however, the
continued existence and use of the 1952 air traffic control tower has precluded
the Commission from completing the work. In anticipation of the commissioning
of the new air traffic control tower in early 2004, the design of these taxiway
relocation projects and the demolition work which must be done to accommodate
them are expected to occur in late 2003 and early 2004. In order to move
forward with the projects, Hangar Building #2 and//3 will need to be demolished
in addition to the former terminal building where the current FAA tower is
housed. Construction of the taxiway relocations is expected in late 2004 or early
2005.
Estimated Cost: $5,600,000
Attachment II
Page 2
Construct 14 Unit T-Hangar:
Description: Construct one building containing up to 14 t-hangar units for the
housing of general aviation aircraft.
Justification: In order to move forward with the Master Plan Recommendations
and to provide space for planes soon to be displaced by hangar demolition, it is
necessary to build a 12-14 unit t-hangar facility for the hangaring of
private/corporate aircraft. Having failed to receive any bids for the project to be
undertaken by private developers, it is now incumbent upon the Commission to
undertake the construction and to recoup its costs from the rentals to be paid in
the future.
II.
Funding Sources
Federal AIP Grant Funds
State Aviation Grant Funds
Commission Funds
Estimated Cost:
$ 400,000
$ 9,540,000
1,060,000
400,000
Estimated Total Projects Funding $11,000,000
RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION
Adopted this 12th day of March 2003
No. 02-031203
A RESOLUTION approving and adopting the Commission's Operating and Capital
Purchase Budget for fiscal year 2003-2004.
BE IT RESOLVED by the Roanoke Regional Airport Commission that the fiscal year
2003-2004 Operating and Capital Purchase Budget for the Commission as set forth in the
report and accompanying attachment by the Executive Director dated March 12, 2003, is
hereby approved;
BE IT FINALLY RESOLVED that the Executive Director is authorized on behalf of
the Commission to submit the fiscal year 2003-2004 Operating and Capital Purchase Budget,
as well as a list of Proposed Capital Expenditures, to the Roanoke City Council and the
Roanoke County Board of Supervisors for approval pursuant to the contract between the
Commission, Roanoke City and Roanoke County dated January 28, 1987, as amended.
ATTEST:
VOTE:
AYES: Macfarlane, Milliron, Smith, Turner, Whittaker
NAYS: None
ABSENT: None
DIANE S. CHILDERS
CLERK TO THE BOARD
Email: dchilders @ co.roanoke.va.us
P.O. BOX 29800
5204 BERNARD DRIVE
ROANOKE, VIRGINIA 24018-0798
(540) 772-2005
FAX (540) 772-2193
April 23, 2003
BRENDA J. HOLTON, CMC
DEPUTY CLERK
Email: bho[ton @ co. roanoke.va.us
Ms. Jacqueline L. Shuck
Executive Director
Roanoke Regional Airport
5202 Aviation Drive
Roanoke, VA 24012-1148
Dear Ms. Shuck:
Attached is a copy of Resolution 042203-2 approving the Roanoke Regional Airport
Commission Budget for fiscal year 2003-2004. This resolution was adopted by the Board
of Supervisors at their meeting on Tuesday, April 22, 2002.
If you need further information, please do not hesitate to contact me.
Sincerely,
Brenda J. Holton, CMC, Deputy Clerk
Roanoke County Board of Supervisors
Enclosure
cc: Diane D, Hyatt, Chief Financial Officer
Paul M. Mahoney, County Attorney
Arthur Whittaker, Chairman, Roanoke Regional Airport Commission
Mary F. Parker, Clerk, Roanoke City Council
Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, APRIL 22, 2003
RESOLUTION 042203-2. APPROVING THE
AIRPORT COMMISSION BUDGET FOR
CERTAIN TERMS AND CONDITIONS
ROANOKE REGIONAL
FY 2003-2004, UPON
WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act and
Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the
Roanoke Regional Airport Commission provide that the Commission shall prepare and
submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of
the County and City Council of the City; and
WHEREAS, by report dated March 12, 2003, a copy of which is on file in the
office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport
Commission has submitted a request that the County approve the FY 2003-2004
budget of the Roanoke Regional Airport Commission.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia that the FY 2003-2004 budget and proposed capital expenditures for
the Roanoke Regional Airport Commission as set forth in the March 12, 2003, report of
the Commission Executive Director, a copy of which is incorporated by reference
herein, is hereby APPROVED, and the County Administrator and the Clerk are
authorized to execute and attest, respectively, on behalf of the County, any
documentation, in form approved by the County Attorney, necessary to evidence said
approval.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES:
NAYS:
CC:
Supervisors Flora, Church, Minnix, Altizer, McNamara
None
A COPY TESTE:
Brenda J. Hol~on, CMC
Deputy Clerk to the Board of Supervisors
File
Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport
Diane D. Hyatt, Chief Financial Officer
Paul M. Mahoney, County Attorney
Arthur Whittaker, Chairman, Roanoke Regional Airport Commission
Mary F. Parker, Clerk, Roanoke City Council
Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission
CIT.Y.. OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
April 10, 2003
File #60-246-266-369
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. 36271-040703 amending and reordaining certain
sections of the 2002-03 Capital Projects Fund Appropriations, providing for appropriation
of $31,200.00 for repayment of 78 positions, in connection with an agreement between the
City of Roanoke, First Union National Bank and the Fifth District Employment and Training
Consortium relating to jobs in Enterprise Zone One; and dispensing with the second
reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, April 7, 2003, and is in full force and effect
upon its passage.
Sincerely,~~ C~C~~
Mary F. Parker,
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Elizabeth A. Neu, Director, Economic Development
Barry L. Key, Director, Office of Management and Budget
HCAgenda.03~April 7, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of April, 2003.
No. 36271-040703.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Capital Projects Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Capital Projects Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Economic Development $25,216,251
Enterprise Zone 1 & 2 (1) ........................................................................ 49,922
Revenues
$ '721,200
Miscellaneous (2) ......................................................................................
1) Appropriated from
General Revenue
2) First Union Job
Grant Repayment
(008-310-9630-9003) $ 31,200
(008-310-9699-1281) 31,200
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.roano~o~i~q~, 2008
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:
Fund Appropriation for
Repayment from First
Union National Bank
Background:
The City of Roanoke, First Union and the Fifth District Employment and Training
Consortium (FDETC) agreed that if First Union would maintain 420 jobs in Enterprise
Zone One, training funds would be available. The agreement states First Union is
responsible for repaying $400 for each position below 420. A compliance review noted
only 342 First Union employees are now located in Enterprise Zone One, therefore the
city recently received a check from First Union in the amount of $31,200, representing
repayment for 78 positions.
Recommended Action:
Appropriate $31,200 of First Union repayment funds into the Enterprise Zone Training
Incentive fund (008-310-9630) to further the goals of the Enterprise Zone program.
Establish a revenue estimate of $31,200 in the "First Union Job Grant Repayment"
revenue account.
R%ect;ul~ted' ,¢
City Manager
Honorable Mayor and Members of Council
April 7, 2003
Page 2
DLB:sem
c: Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Elizabeth A. Neu, Director of Economic Development
#CM03-00049
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
April 10, 2003
File #60-70-216
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. 36272-040703 amending and reordaining certain
sections of the 2002-03 General Fund Appropriations, providing for transfer of
$124,500.00, in connection with restoration of Fire Station No. 1, located at 13 East
Church Avenue; and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, April 7, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Philip C. Schirmer, City Engineer
Jeffrey H. Powell, Director, General Services
Robert H. Bird, Acting Manager, Purchasing
Barry L. Key, Director, Office of Management and Budget
James Grigsby, Fire-EMS Chief
H:~Agenda.03~Apdl 7, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of April, 2003.
No. 36272-040703.
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 certain 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
Building Maintenance (1) .........................................................................
Nondepartmental
Contingency-General Fund (2) ................................................................
$ 25,040,553
3,955,786
$ 75,071,523
1,077,119
1) CMERP-Equipment
Purchases
2) General Fund Reserve
(001-440-4330-9132)
(001-300-9410-2197)
$124,500
(124,500)
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
April 7, 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: Fire Station #1
Tower Restoration
This project proposes the restoration of the Fire Station No. 1 bell tower roof, cornice,
entablature, and tower brackets. The building is located at 13 East Church Avenue in
Downtown Roanoke. The Consulting Team of Don Harwood, an architect with Hill
Studio, and Mark Clark of Southwest Restoration, a restoration specialist of historic
structures, provided the City with a report outlining deficiencies in the tower.
Currently, funding for the project is available in the Fixed Asset Maintenance account
001-440-4330-3057 in the amount of $25,000 and Maintenance CMERP account 001-
440-4330-9132 in the amount of $20,465. As indicated on the tower restoration report,
additional funding would be required to do all of the recommended work in one phase.
Total funding in the amount of $169,965 is needed for the project. Additional funding is
available in the General Fund Reserve account 001-300-9410-2197 in the amount of
$124,500.
Included in the project costs are design services provided by an architectural/
engineering Consultant, renovation services provided by a Contractor, and
miscellaneous project expenses including advertising, printing, testing services, and
unforeseen project conditions.
The Honorable Mayor and Members of City Council
April 7, 2003
Page 2
Recommended Action:
Transfer $124,500 from the General Fund Reserve account into the Maintenance
CMERP account 001-440-4330-9132.
City Manager
DLB:TWK:na
O:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Robert H. Bird, Acting Manager, Purchasing Department
#CM03-00050
CITY.. OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
April 10, 2003
File #60-102
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. 36273-040703 amending and reordaining certain
sections of the 2002-03 General and Capital Projects Funds Appropriations, providing for
transfer of $1,365,100.00, in connection with renovation of the First Street Bridge; and
dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, April 7, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Philip C. Schirmer, City Engineer
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03XApri1712003 correspondence,wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of April, 2003.
No. 36273-040703.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
General and Capital Projects Funds 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 General and Capital Projects Funds Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Nondepartmental
Transfers to Other Funds (1) ...................................................................
Contingency - General Fund (2) ..............................................................
Capital Projects Fund
$ 75,566,602
74,199,059
(163,481)
Appropriations
Streets and Bridges
First Street Pedestrian Bridge (3) ............................................................
Revenues
Nonoperating
Transfer from General Fund (4) ...............................................................
1) Transfer to Capital
Projects Fund
2) General Fund Reserve
3) Appropriated from
General Revenue
4) Transfer from
General Fund
(001-250-9310-9508)
(001-300-9410-2197)
(008-052-9574-9003)
(008-110-1234-1037)
$
(
1,365,100
1,365,100)
1,365,100
1,365,100
$ 27,480,007
2,252,357
$ 4,255,438
4,213,498
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: ww x~. r o a~ o_~k e g 9,v^cj~ m~
/April/, ~:UU~
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 to
Capital Account
First Street Bridge
City Council recently approved the one-way vehicular and pedestrian concept design for the
renovation of First Street Bridge.
Estimated cost for the project is $2,390,100. Partial funding in the amount of $750,000 has
already been appropriated. The City is negotiating with Norfolk Southern Railway to pay the
$275,000 cost for removal of their signals from the bridge. Additional funding in the amount
of $1,365,100 needed for the bridge renovation is available in the General Fund Reserve
Account.
Recommended Action:
Adopt the attached budget ordinance to transfer $1,365,100 from General Fund Reserve
Account No. 001-300-9410-2197 to First Street Bridge Account No. 008-052-9574.
Res~,ectfully .s_?~itted,
City Manager
DLB:JGB:na
O;
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
#CM03-00051
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
April 10, 2003
File #2-32-70
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. 36274-040703 providing for acquisition of certain
property needed by the City for development of a new fire station and fire administration
headguarters building at the corner of Elm Avenue and Williamson Road, at a cost not to
exceed $150,000.00 without further authorization of the Council; and dispensing with the
second reading of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, April 7, 2003, and is in full force and effect
upon its passage.
MFP:mh
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
James Grigsby, Fire-EMS Chief
H:~Aeenda.03~April 7, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of Apr±l, 2003.
No. 36274-040703.
AN ORDINANCE providing for the acquisition of certain property needed by the City for the
development of a new fire station and fire administration headquarters building; setting a limit on the
consideration to be offered by the City; and dispensing with the second reading of this ordinance by
title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. To provide for the acquisition of certain property needed by the City for development
of a new fire station and fire administration headquarters building, the City wants and needs certain
property bearing Roanoke City Tax No. 1020310, at the comer of Elm Avenue and Franklin Road, as
more fully described in a letter of the City Manager to City Council dated April 7, 2003. The proper
City officials are authorized to acquire the property for such consideration as the City Manager may
deem appropriate, subject to the limitation set out below and subject to applicable statutory
guidelines. All requisite documents shall be upon form approved by the City Attorney.
2. The City's purchase of the property beating Official Tax No. 1020310 is subject to
the City obtaining an acceptable title report.
3. A public necessity and use exists for the acquisition of the property and immediate
acquisition by purchase is necessary and expedient.
4. The City Manager is directed on behalf of the City to offer the landowners such
consideration for the property rights as deemed appropriate; provided, however, the total
consideration offered or expended and any and all necessary closing costs, including, but not limited
to appraisals, title reports, preparation of necessary documents and recordation costs, shall not
exceed $150,000.00 without further authorization of Council. Upon the acceptance of an offer and
upon delivery to the City of deeds, approved as to form and execution by the City Attorney, the
Director of Finance is directed to pay the consideration to the owners of the interests conveyed,
certified by the City Attorney to be entitled to the same.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.corn
April 7, 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: Property Rights Acquisition for Fire
Administration Building Project
Funding has been approved by City Council for development of a new fire station/fire administra-
tion headquarters building which would also combine current Fire Stations No. 1 and No. 3.
Several sites with proximity to the downtown area were considered as possible locations, with one
site being selected that best meets the needs for the new facility. One parcel, identified by Tax No.
1020310, at the corner of Elm and Franklin, needs to be acquired for this project. See
Attachments #1 and #2.
Authorization is needed to move forward with procurement of title work and document preparation
related to acquisition of the necessary property rights. Funding of $145,000 for the purchase price
plus approximately $5,000 for related expenses is available in capital project account 008-530-
9678-9050, Fire/EMS Facility Improvement Program.
Recommended Action(s):
Authorize the City Manager to acquire all property rights as stated above, subject to an acceptable
title report. Said property rights may be acquired by negotiation and may include fee simple,
permanent easements, temporary construction easements, rights of way, licenses or permits, etc.
Respectfully submitted,
Darlene L. Burch~m
City Manager
DLB/sef
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
#CM03-00052
Attachment #1
Attachment #2
February 27, 2003
Mr John T, Plichta, Director
Roanoke Mental Hyg ene Service. Incorporated
dba Blue Ridge Behavior Healthcare
301 Elm Aveoue
Roanoke, Virginia 24016-4001
Dear Mr. Plichta:
The City of Roanoke proposes to purchase from Roanoke Mental Hygiene Service.
Incorporated, vacant real property dentified by Tax Map No. 10203~0. The property is
further described as beino a lot of 0.309 acres, part of Lots 11, 12. and 13, Block 8
Official Survey, Sheet 2. ~;W, according to a survey by Shanks Associates, P C dated
June 8. 1998 and revised July 15, 1998 a copy of it which s attached,
The total consideration for the fee simple interest in the subject property is $145,000.
This consideration shall also ~clude a perpetual right of shared use of parking located
on other property of Blue Ridge identified as Tax Map parcels 1020306 and 1020309
The City will improve these existing parking lots with landscaping and other
improvemef~ts at its sole expense,
This proposal if accepted by Roanoke Mental Hygiene Service, Incorporated is subject
to the approval of Roanoke City Council,
Sincerely,
John M. Bowman
Real Estate Acquisition Specialist
JMB:ca
ACCEPTA~~
Number of parking spaces for
perpetual right of use not bo
exceed six (6) spaces.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
April 10, 2003
File #58-184
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. 36275-040703 authorizing the City Manager to enter
into a Business Associate Agreement with Anthem Health Plans of Virginia, Palmer & Cay
Consulting Group, Ceridian Corp., Delta Dental and to amend the health care plan, dental
plan and flexible spending account plans to include the HIPAA privacy requirements.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, April 7, 2003
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
Kenneth S. Cronin, Director, Human Resources
HSAgenda.03~,pdl 7, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of April, 2003.
No. 36275-040703.
AN RESOLUTION authorizing the City Manager to enter into a Business Associate
Agreement with Anthem Health Plans of Virginia, Palmer & Cay Consulting Group, Ceridian
Corporation, Delta Dental and to amend the health care plan, dental plan and flexible spending
account plans to include the HIPAA privacy requirements.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, a Business Associate Agreement with Anthem Health Plans of Virginia, Palmer &
Cay Consulting Group, Ceridian Corporation, Delta Dental and to amend the health care plan,
dental plan and flexible spending account plans to include the Ifil?AA privacy requirements all
as more fully set forth in the report of the City Manager dated April 7, 2003.
2. Such agreements and amendments to be approved as to form by the CitE
Attorney.
ATTEST:
City Clerk.
H: \Meamurem\ hippa, doc
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
April 7, 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:
Health Plan Agreements for
HIPAA Compliance
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as amended,
requires the City, as a sponsor of its health care plan, dental plan, and flexible spending
account plan, to enter into Business Associate Agreements with companies that receive
health information. HIPAA also requires the City to amend its plans with regard to
HIPAA privacy requirements. Compliance with HIPAA is required by April 15, 2003.
No additional costs will be incurred as a result of the Business Associate Agreements or
the amendments to the plans; however, the contracts to administer the plans and the
Business Associate Agreements contain standard mutual indemnity provisions.
Recommended Action:
Authorize the City Manager and the City Clerk to execute and attest, respectively,
Business Associate Agreements with Anthem Health Plans of Virginia, Palmer & Cay
Consulting Group, Delta Dental and Ceridian Corporation and to amend the health care
plan, dental plan and flexible spending account plans to include the HIPAA privacy
requirements, such agreements and amendments to be approved as to form by the City
Attorney.
City Manager
DLB:kc
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
CM03-0056
AMENDMENT
to the
CITY OF ROANOKE EMPLOYEE HEALTH CARE PLAN
WHEREAS CITY OF ROANOKE ("City of Roanoke") sponsors a health care
plan for the benefit of its employees, which plan is known as City of Roanoke Employee
Health Care Plan ("the Plan"),
WHEREAS City of Roanoke desires to amend the Plan to allow City of Roanoke
to receive from the Plan certain health information protected by the Health Insurance
Portability and Accountability Act of 1996 and regulations issued thereunder.
NOW THEREFORE City of Roanoke hereby amends the Plan as follows:
The attached Health Insurance Portability and Accountability Act privacy
appendix is appended to the Plan, in the form attached hereto.
This Amendment is effective as of the date the HIPAA Privacy Regulations at 45
C.F.R. § 160.101 et seq. apply to the Plan.
WHEREFORE this Amendment is adopted this day of
200
CITY OF ROANOKE
By_
Title
Attest:
CITY OF ROANOKE
EMPLOYEE HEALTH CARE PLAN
(as defined below)
BUSINESS ASSOCIATE AGREEMENT
(ANTHEM HEALTH PLANS OF VIRGINIA)
WHEREAS the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the
regulations issued by the Health and Human Services Administration thereunder, at 45 CFR part 160 and
part 164, subparts A and E ("Privacy Rules"), require certain health plans to enter into written agreements
with certain third-party business associates that assist the plans with respect to administration and related
operational matters;
WHEREAS the Privacy Rules require the written agreements to contain specific representations
and guarantees regarding the business associates' obligations to protect the confidentiality of protected
health information ("PHI"), as defined below and in the Privacy Rules, they receive or maintain on
behalf of the plans;
WHEREAS City of Roanoke ("City of Roanoke") sponsors and maintains one or more health
care plans that are subject to the HIPAA requirements, which plans are described in Attachment A to this
Agreement;
WHEREAS the health care plans listed in Attachment A have been designated by City of
Roanoke as part of an Affiliated Covered Entity (as defined in the Privacy Rules), such that the health
care plans are considered a single plan for purposes of effecting and demonstrating compliance with the
Privacy Rules, and such deemed single plan is referred to in this Agreement as City of Roanoke Health
Care Plan ("the Plan");
WHEREAS Anthem Health Plans of Virginia ("Business Associate") is a business associate (as
defined in the Privacy Rules) with respect to one or more of the health care plans that, for purposes of
this Agreement, constitute the Plan;
WHEREAS the Plan and Business Associate are committed to complying with the Privacy
Rules, and agree that the terms and conditions of this Agreement apply to their service arrangement, and
supplement the terms of any other oral or written agreement between them related to such service
arrangement;
WHEREAS this Agreement sets forth the terms and conditions under which PHI
provided, created, received, or maintained by Business Associate, from or on behalf of Plan, will
be handled by and between Business Associate and Plan and with Business Associate's
subcontractors during the term of this Agreement and after its termination; and
NOW, THEREFORE, the Plan and Business Associate hereby agree that, in connection
with the use or disclosure of PHI, each will comply as follows:
ARTICLE I
SCOPE AND EFFECTIVE DATE
1.1 Scope. This Agreement applies to Business Associate only with respect to its
operations for or on behalf of the health care plan(s) listed in Attachment A with respect to which
Business Associate has a service arrangement, and has no application and imposes no duties or
obligations on Business Associate with respect to those plans listed in Attachment A with which
Business Associate has no service arrangement. Where this Agreement refers to Business
Associate's service arrangement with "the Plan," the reference means the Business Associate's
service arrangement with the plan(s) listed in Attachment A with which Business Associate
actually has a service arrangement. Where this Agreement refers to Business Associate's
receipt or maintenance of PHI for or on behalf of the Plan, the reference is to Business
Associate's receipt or maintenance of PHI for or on behalf of the plan(s) listed in Attachment A
with which Business Associate has a service arrangement.
1.2 Effective Date. This Agreement applies to Business Associate separately with
respect to each plan listed in Attachment A with respect to which Business Associate has a
service arrangement. With respect to each such plan, this Agreement will not apply to Business
Associate prior to later of:
(a) the effective date of the Privacy Rules' applicability to the plan, and
(b) the effective date of this Agreement.
ARTICLE II
DEFINITIONS
2.1 Generally. Terms used here and in the Privacy Rules, but not otherwise defined in this
Agreement, have the definitions assigned to those terms in the Privacy Rules.
2.2 Desiqnated Record Set. Means a group of records maintained by or for the
Plan that is (i) the medical records and billing records about individuals maintained by or for a
covered health care provider; (ii) the enrollment, payment, claims adjudication, and case or
medical management records systems maintained by or for the Plan; or (iii) used, in whole or in
part, by or for the Plan to make decisions about individuals. Designated Record Set includes
any item, collection, or grouping of information that includes PHI and is maintained, collected,
used, or disseminated by or for the Plan.
2.3 Protected Health Information ("PHI"). Means any information that is
maintained or transmitted in any form by or on behalf of the Plan and that (i) is created or
received by a health care provider, health plan, employer, or health care clearinghouse; (ii)
relates to (a) the past, present or future physical or mental health conditions of an individual, (b)
the provision of health care to an individual or (c) the past, present or future payment for the
provision of health care to an individual; and (iii) identifies the individual or with respect to which
there is a reasonable basis to believe that the information could be used to identify the individual.
2.4 Workforce. Means employees, volunteers, trainees, and other persons whose
conduct, in the performance of work for Business Associate or City of Roanoke, as the case may
be, is under the direct control of such entity, whether or not they are paid by the entity.
ARTICLE III
RIGHTS, DUTIES AND OBLIGATIONS OF BUSINESS ASSOCIATE REGARDING PHI
3.1 Use and Disclosure Generally. Business Associate agrees to not use or
disclose PHI that it acquires for or on beharf of the Plan other than as permitted or required by the
Agreement or as required by law.
3.2 General Use and Disclosure Provisions. Except as otherwise limited in this
Agreement, Business Associate may use or disclose PHI to perform functions, activities, or
services for, or on behalf of, the Plan consistent with Business Associate's service arrangement
with the Plan, provided that such use or disclosure would not violate the Privacy Rules if done by
the Plan, or the "minimum necessary" policies and procedures of the Plan.
3.3 Specific Use and Disclosure Provisions.
(a) Except as otherwise limited in this Agreement, Business Associate may use PHI
for the proper management and administration of Business Associate or to carry out Business
Associate's legal responsibilities.
(b) Except as otherwise limited in this Agreement, Business Associate may disclose
PHI for the proper management and administration of Business Associate's duties and obligations
under its service arrangement with the Plan, provided that disclosures are required by law, or
Business Associate obtains reasonable assurances from the person to whom the information is
disclosed that it will remain confidential and used or further disclosed only as required by law or
for the purpose for which it was disclosed to the person, and the person notifies the Business
Associate of any instances of which it is aware in which the confidentiality of the information has
been breached.
(c) Except as otherwise limited in this Agreement, Business Associate may usc PHI
to provide data aggregation services to the Plan as permitted by 42 C.F.R. § 164.504(e)(2)(i)(B).
(d) Business Associate may use PHI to report violations of law to appropriate
Federal and State authorities, consistent with 42 C.F.R. § 164.502(j)(1).
3.4 Safe.quards. Business Associate will use appropriate safeguards and
commercially reasonable efforts to prevent use or disclosure of PHi other than uses or
disclosures permitted or required by this Agreement. Business Associate will provide Plan with
information concerning such safeguards, upon the request of Plan from time to time, and will,
upon reasonable request, give City of Roanoke access to Business Associate's policies and
procedures concerning the use and disclosure of PHI, for the purpose of determining Business
Associate's compliance with this Agreement.
3.5 Rel~ortincl Inappropriate Uses and Disclosures. Business Associate will
report to the privacy official any use or disclosure of PHI not permitted by this Agreement of
which it becomes aware, and will also report the remedial action that is taken, or will be taken, by
Business Associate, regarding such use or disclosure. Business Associate will make such report
on the date it becomes aware of the unauthorized use or disclosure, or within a reasonable time
following such date. Business Associate will establish procedures for mitigating, to the greatest
extent possible, any adverse effects resulting from any improper use or disclosure of PHI that
Business Associate reports to the Plan.
3.6 Aqents and Subcontractors. Business Associate will ensure that all agents,
subcontractors, and other third parties to whom it provides PHI as permitted or required under
this Agreement agree, in writing, before the disclosure of such PHi, to the same restrictions and
conditions that apply to Business Associate with respect to such PHI. Business Associate agrees
to make such agreements available to the Plan for review upon request.
3.7 Access. Whenever an individual requests directly from Business Associate access to his
or her PHI as permitted under 45 C.F.R. § 164.524 of the Privacy Rules, Business Associate will timely
respond to such requests by providing the requested PHI directly to the individual. If the Plan receives a
written request for access to information maintained by Business Associate, the Plan will forward the
request to Business Associate promptly. Business Associate will process all requests for access in
accordance with this Agreement and the Privacy Rules. If Business Associate receives a request for PHI it
does not maintain, Business Associate will firrward promptly such request to the Plan for handling.
Business Associate may require the individuals to submit such requests in writing.
In no event will Business Associate provide access to psychotherapy notes (as defined in the
Privacy Rules), information compiled in reasonable anticipation of (or for use in) a legal proceeding, or
any other information not maintained in a Designated Record Set.
(a) Timely Response. Business Associate's response to an individual's
request for access will be timely if the requested PHI is maintained or accessible to
Business Associate on-site, and Business Associate grants or denies the request in
writing within 30 days of the earlier of either Business Associate's or the Plan's receipt
of the request. However, if the requested information is not maintained or accessible to
Business Associate on-site, Business Associate will grant or deny the request in writing
within 60 days of the earlier of either Business Associate's or the Plan's receipt of the
request. If Business Associate is unable to process an individual's request within the
respective 30-day or 60-day periods, Business Associate may be granted one additional
extension for up to 30 days, provided that Business Associate provides the individual
with a written statement of the reasons for the delay and the date on which Business
Associate will grant or deny the request.
(b) Format of Access. If Business Associate grants an individual's request
for access and the PHI is readily producible in the requested format, Business Associate
will give the individual access to the PHI in such format. However, if Business Associate
determines that the PHI is not readily producible in therequested format, Business
Associate may provide it in readable hard copy format or some other form agreed to by
Business Associate and the individual. Business Associate may also provide the
individual with a summary or explanation of the requested PHI if the individual agrees in
advance to the summary or explanation format and the fee (if any) imposed for such
summary or explanation.
(c) Manner and Fees. Business Associate will arrange for a convenient time
and place for the individual to obtain a copy of the PHI or will mail a copy of the PHI to
the individual, at the individual's request. Business Associate may impose a
reasonable, cost-based fee for providing requested PHI if the fee includes only the cost
for copying (both the supplies and labor), postage (if mailing of PHI is requested), and
preparation of summaries or explanations (if agreed to as provided in Subsection 3.7(b)
above).
(d) Grounds for Denial. Business Associate may deny an individual's
request for access to PHI if a licensed health care professional selected by Business
Associate, in the exercise of professional judgment, determines that the access
requested is: (i) reasonably likely to endanger the life or physical safety of an individual
or another person; (ii) reasonably likely, if the PHI refers to another person, to cause
substantial harm to that person; or (iii) reasonably likely, if the access is requested by an
individual's personal representative, to cause substantial harm to an individual or
another person, individuals will be allowed to have denials made under this Subsection
3.7(d) reviewed in accordance with the procedures established in Subsection 3.7(g)
below.
If any request is denied in part, Business Associate will, to the extent possible,
provide the individual with access to any other PHi requested, after excluding the PHi as
to which Business Associate has grounds to deny access.
(e) Unreviewable Grounds for Denial. Business Associate may deny an
individual's request for access and such denial will be considered final in the following
cases: (i) the PHI is contained in records subject to the Federal Privacy Act and may be
denied under that Act; or (ii) the PHI was obtained from someone other than a health
care provider under a promise of confidentiality and access would be reasonably likely to
reveal the source of the information.
(f) Notice Requirement. Business Associate will provide a timely, written
denial to an individual Such denial will be written in plain language and will contain:
(i) the basis for the denial;
(ii) if applicable, a statement of the individual's review rights, including a
description of how the individual may exercise such review rights; and
(iii) a description of how the individual may submit a complaint to the Plan
or to HHS regarding Business Associate's and the Plan's compliance with established
privacy policies and procedures and the Privacy Rules, including the name or title and
telephone number of the contact person designated to receive such complaints.
(g) Review of Denials. Business Associate will designate a licensed health care
professional, who was not directly involved in the initial denial, to review the decision to deny
access. Business Associate will promptly refer an individual's request for review to such
designated reviewing official. The designated reviewing official will determine, within a
reasonable period of time, whether or not to deny the access requested based on Subsection 3.7(d)
and the standards in 45 C.F.R. § 164.524(a)(3) of the Privacy Rules. Business Associate will
promptly provide written notice to an individual of the determination of the designated reviewing
official and take any other action required to carry out the designated reviewing official's
determination.
(h) Documentation. In accordance with the Privacy Rules, Business Associate will
document the Designated Record Sets subject to an individual's right of access, the titles of the
persons or offices responsible for receiving and processing requests for access, and copies of all
communications required to be in writing under the Privacy Rules. Business Associate will
retain the documentation for six years from the date of its creation or the date when it was last in
effect, whichever is later. Business Associate will periodically provide the Plan with a written
summary of the details of its handling of requests for access under this Section 3.7 (including the
timing of Business Associate's response). Additionally, Business Associate will inform the Plan
of the titles of the persons or offices responsible for receiving and processing such requests.
3.8 Amendment. When an individual requests that Business Associate amend his or her
PHI as permitted under 45 C.F.R. § 164.526 of the Privacy Rules, Business Associate will timely respond
to such request. If the Plan receives a request for amendment of PHI maintained by Business Associate,
Plan will fi, rward the request to Business Associate promptly. Business Associate will process all
requests tbr amendment in accordance with this Agreement and the Privacy Rules. Business Associate
will respond directly to an individual for purposes of this Section. Business Associate will periodically
provide the Plan with a written summary of the details of its handling of such requests under this Section
3.8 (including the timing of Business Associate's response). Business Associate may require an
individual to submit such requests in writing and specify a reason to support the amendment.
In no event will Business Associate permit amendment to psychotherapy notes (as defined in the
Privacy Rules), information compiled in reasonable anticipation of (or for use in) a legal proceeding, or
any other information not maintained in a Designated Record Set.
(a) Timely Response. Business Associate's response to an individual's
request for amendment will be timely if Business Associate grants or denies the request
in writing within 60 days of the earlier of either Business Associate's or the Plan's
receipt of the request. If Business Associate is unable to process an individual's
request within the 60-day period, Business Associate may extend the period for
responding to a request up to an additional 30 days, provided that Business Associate
provides the individual with a written statement of the reasons for the delay and the date
on which Business Associate will grant or deny the request for amendment.
(b) Amendment Granted. If Business Associate grants the requested amendment
(in whole or in part), it will make the appropriate amendment to the PHI or pertinent record.
Such amendment will identil'y the affected PHI or records and append or otherwise provide a link
to the location of the amendment. Business Associate will also timely inform the individual that
the amendment is accepted and obtain the individual's agreement to inform: (i) those identified
by the individual as having received the PHI and needing the amendment; and (ii) those known
by Business Associate to have received the PHI and that may foreseeably rely on the PHI to the
detriment of the individual.
(c) Grounds for Denial. Business Associate will deny a request for
amendment if Business Associate determines, in its discretion, that the PHh (i) was not
created by, or on behalf of, the Plan (unless the individual provides a reasonable basis
to believe that the originator of the PHI is no longer available to act on the requested
amendment); or (ii) is accurate and complete without the amendment.
(d) Notice of Denial. If Business Associate denies the request for
amendment, it will send the individual a denial written in plain language that contains a
statement about:
(i) the basis for the denial;
(ii) the individual's right to submit a written statement disagreeing with the
denial and how the individual may file such a statement;
(iii) how, if the individual does not submit a statement of disagreement, thc
individual may request that Business Associate provide the individual's request for
amendment and the denial with any future disclosures of thc PHI that is the subject of
amendment; and
(iv) a description of how an individual may submit a complaint to the Plan
or to HHS regarding Business Associate's and the Plan's compliance with established
privacy policies and procedures and the Privacy Rules, including the name or title and
telephone number of the contact person designated to receive such complaints on behalf
of the Plan.
(e) Statement of Disaqreement. If Business Associate denies a request for
amendment, Business Associate will permit an individual to submit to Business
Associate a written statement of reasonable length disagreeing with the denial of all or
part of a requested amendment and the basis of such disagreement.
(f) Rebuttal Statement. Business Associate may prepare a written rebuttal
, to an individual's statement of disagreement. Whenever such a rebuttal is prepared,
Business Associate will provide a copy to the individual who submitted the statement of
disagreement.
(g) Recordkeepinq. Business Associate will, as appropriate, identify the
record or PHI that is the subject of the disputed amendment and append or otherwise
link the individual's request for an amendment, Business Associate's denial of the
request, the individual's statement of disagreement, if any, and Business Associate's
rebuttal, if any, to the record.
(h) Future Disclosures. If an individual submits a statement of
disagreement, Business Associate will include the information appended in accordance
with Subsection 3.8(g), or an accurate summary of such information, with all future
disclosures of the PHI. If the individual does not submit a statement of disagreement,
Business Associate will include the request for amendment and denial with future
disclosures only if the individual requests such action in accordance with Subsection
3.8(d)(iii) above. If the disclosure is made using a standard transaction that does not
permit the material to be included with the disclosure, Business Associate may transmit
the material separately. If Business Associate receives notice from another "covered
entity," as defined in 45 C.F.R. § 160.103, about an amendment to an individual's PHI,
Business Associate will amend the PHI accordingly.
(i) Documentation. In accordance with the Privacy Rules, Business
Associate will document the titles of the persons or offices responsible for receiving and
processing requests for amendments by individuals and copies of all communications
required to be in writing under the Privacy Rules. Business Associate will retain the
documentation for six years from the date of its creation or the date when it was last in
effect, whichever is later. Business Associate will periodically provide the Plan with a
written summary of the details of its handling of requests for amendments under this
Section 3.8 (including the timing of Business Associate's response). Additionally,
Business Associate will inform the Plan of the titles of the persons or offices responsible
for receiving and processing such requests.
3.9 Accounting of Disclosures. When an individual requests of Business Associate an
accounting of Business Associate's disclosures of his or her PHI under 45 C.F.R. § 164.528 of the
Privacy Rules, Business Associate will respond directly to the individual for purposes of providing the
accounting. If a request for an accounting is submitted directly to the Plan, the Plan will forward the
request to Business Associate promptly. In either case, Business Associate will process the request in
accordance with this Agreement and the Privacy Rules. Business Associate will periodically provide the
Plan with a written summary of the details of its handling of such requests under this Section 3.9
(including the timing of Business Associate's response).
(a) Excluded Disclosures. Business Associate need not provide an
accounting of any disclosure made: (i) to carry out treatment, payment or health care
operations; (ii) to an individual (where the individual requests the accounting) or
authorized by the individual; (iii) incident to a use or disclosure otherwise permitted or
required by the Privacy Rules; (iv) to persons involved in the individual's care or for other
notification purposes provided for in 45 C.F.R. §164.510 of the Privacy Rules; (v) for
national security or intelligence purposes; (vi) to correctional institutions or law
enforcement officials; (vii) as part of a limited data set in accordance with 45 C.F.R §
164.514(e) of the Privacy Rules; or (viii) made prior to effective date of the Privacy Rules.
(b) Temporary Suspension. Business Associate may temporarily suspend
an individual's right to receive an accounting of disclosures made to a health oversight
agency or law enforcement official if the accounting would be reasonably likely to impede
the agency's or official's activities. The right may only be suspended if the relevant
agency or official provides Business Associate with a written or oral statement specifying
such impediment and the time for which the suspension is required. If this statement is
an oral statement, Business Associate will document the oral statement, including the
identity of the agency or official making the statement; temporarily suspend the right to an
accounting subject to the statement; and limit the suspension to no more than 30 days
from the date of the oral statement unless a written statement is submitted during that
time period.
(c) Content of the Accountinq. Subject to the other provisions of this Section
3.9, Business Associate will, upon request, provide a written accounting of disclosures of
PHI for any requested period of less than six years prior to the date of the request. This
accounting will include: date of disclosure; name and address of the recipient of the PHI;
a brief description of the PHI disclosed; and the purpose of the disclosure. In lieu of a
description of the purpose of the disclosure, Business Associate may provide a copy of
the written request for a disclosure pursuant to a DHHS investigation or as permitted by
45 C.F.R. § 164.512. If Business Associate makes multiple disclosures of PHI to the
same person or entity for a single purpose, the accounting prepared by Business
Associate need only include complete information for the first disclosure, and the
frequency or number, including the date of the last such disclosure, for subsequent
disclosures.
(d) Administrative Requirements. Business Associate will act on the
individual's request for an accounting no later than 60 days after the earlier of either
Business Associate's or Plan's receipt of such request (provided that if the request is
submitted to the Plan the Plan fonNards the request to Business Associate in time for
Business Associate to provide the accounting or otherwise respond). Business Associate
may have one additional extension for up to 30 days if it provides the individual with a
written statement of the reason for the delay and the date by which the accounting will
be provided. The first accounting requested in any 12-month period will be provided
free of charge, but each subsequent request made within that same period will be
charged a cost-based fee for completing the requested accounting. Business Associate
will inform the individual of such fee in advance and provide the individual with the
opportunity to withdraw or modify the request for a subsequent accounting.
(e) Documentation. In accordance with the Privacy Rules, Business
Associate will document the following: (i) the information required to be included in the
accounting under Section 3.9(c) for disclosures of PHI; (ii) the written accounting that is
provided to the individual under this Section 3.9; (iii) the titles of the persons or offices
responsible for receiving and processing requests for an accounting by individuals; and
(iv) copies of all communications required to be in writing under the Privacy Rules.
Business Associate will retain the documentation for six years from the date of its
creation or the date when it was last in effect, whichever is later. Business Associate will
periodically provide the Plan with a written summary of the details of its handling of
requests for accounting under this Section 3.9 (including the timing of Business
Associate's response). Additionally, Business Associate will inform the Plan of the titles
of the persons or offices responsible for receiving and processing such requests.
3.10 Third-Party Requests. If Business Associate receives a request from a third
party for PHI, Business Associate will be responsible for handling such request and will notify the
Plan of such request in compliance with the terms of this Agreement and the Privacy Rules.
ARTICLE IV
RIGHTS~ DUTIES AND OBLIGATIONS OF PLAN REGARDING PHI
4.1
Plan agrees:
Responsibilities of Plan Regarding Uses and Disclosures by Business Associate. The
(a) Upon request of Business Associate, to inform Business Associate of
any changes in the Plan's Privacy Notice that the Plan provides to individuals pursuant to
45 C.F.R. § 164.520 of the Privacy Rules, and to provide Business Associate with a copy
of the Privacy Notice currently in use;
(b) To inform Business Associate of any changes in, or withdrawal of, the
consent, if any, or authorization provided to the Plan by individuals pursuant to 45 C.F.R.
§ 164.506 or § 164.508 of the Privacy Rules;
(c) To notify Business Associate, in writing and in a timely manner, of any
arrangements permitted or required of the Plan under the Privacy Rules that may affect,
in any manner, the use or disclosure of PHI by Business Associate under this
Agreement, including, but not limited to, restrictions on the use or disclosure of PHI as
provided for in 45 C.F.R. § 164.522 of the Privacy Rules agreed to bythe Plan; and
(d) If the Plan directly receives a request from a third party for PHI in
possession of Business Associate, the Plan will forward the request to Business
Associate, as appropriate, and Business Associate will process the request in
accordance with this Agreement and the Privacy Rules.
ARTICLE V
TERM AND TERMINATION
5.1 Term. This Agreement will become effective as described in Article I, and will
continue in effect until all obligations of the parties pursuant to the Agreement have been met,
unless terminated as provided in this Article V. In addition, certain provisions and requirements
of this Agreement will survive its expiration or other termination, as described elsewhere in this
Agreement.
5.2 Termination by the Plan. The Plan may immediately terminate this Agreement
if the Plan, in the sole discretion of City of Roanoke, determines that Business Associate has
breached a material term of the Agreement. Alternatively, the Plan, at its option and within its
sole discretion, may choose to:
(a) Take steps to cure the breach; and, in the event of such cure, elect to
keep this Agreement in force.
(b) Provide Business Associate with an opportunity to cure the alleged
material breach upon mutually agreeable terms. Nonetheless, in the event that mutually
agreeable terms cannot be achieved within 20 days, Business Associate will cure the
breach to the satisfaction of Plan within 10 days. Failure to cure in the manner set forth
in this Section 5.2 is grounds for the immediate termination of the Agreement.
5.3 Termination by Business Associate. If Business Associate makes the
determination that a material condition of performance has changed under the Agreement, or
that the Plan or City of Roanoke has breached a material term of the Agreement, Business
Associate may provide thirty (30) days' notice of its intention to terminate the Agreement.
Business Associate agrees, however, to cooperate with the Plan or City of Roanoke, or both, to
find a mutually satisfactory resolution to the matter prior to terminating the Agreement. Business
Associate further agrees that, notwithstanding this provision, it will not terminate this Agreement
so long as the service arrangement with the Plan (or City of Roanoke, on behalf of the Plan) is
in effect.
5.4 Effect of Termination. Upon termination under this Article V, Business
Associate will return or destroy all confidential information, including PHI, relating to the Plan that
Business Associate still maintains in any form and retain no copies of such relating to the Plan;
or, if such return or destruction is not feasible, extend the protections of this Agreement to such
information, including any information in the possession of Business Associate's subcontractors
or agents, for as long as it retains such information and limit further uses and disclosures to
those purposes needed to fulfill its obligations under this Agreement and the Privacy Rules.
ARTICLE VI
INDEMNIFICATION
6.1 Indemnification of Plan. Business Associate, its respective directors, officers,
subcontractors, agents or other members of its workforce ("Business Associate Indemnitors"),
agree to indemnify, defend and hold harmless the Plan and all members of its workforce
(together, the "Plan Indemnitees") and City of Roanoke and its respective directors, officers,
subcontractors, agents or other members of its workforce (together, the "Interstate Brands
Indemnitees"), against any and all claims, demands, losses, costs, expenses, obligations,
liabilities, actions, suits, damages and deficiencies (including, without limitation, all costs and
reasonable attorneys' fees) that arise out of or are proximately caused by:
(a) Business Associate Indemnitors' breach of this Agreement, including,
without limitation, the failure of Business Associate Indemnitors to perform their
obligations with respect to PHI, or by any use or disclosure of PHI by Business Associate
Indemnitors that is not permitted under this Agreement; or
(b) Any warranty hereunder or from any negligence or wrongful acts or
omissions, including failure to perform its obligations under the Privacy Rules, by
Business Associate Indemnitors.
Accordingly, on demand, Business Associate Indemnitors will reimburse any Plan
Indemnitees or City of Roanoke Indemnitees for any and all actual and direct losses, liabilities,
fines, penalties, costs or expenses (including, without limitation, all costs and reasonable
attorneys' fees), which may for any reason be imposed upon any Plan Indemnitees or City of
Roanoke Indemnitees by reason of any suit, claim, action, proceeding or demand by any third
party which results from or is proximately caused by Business Associate Indemnitors' breach
hereunder. The Plan will provide prompt written notice of, and information and assistance (at
Business Associate Indemnitors' expense), as reasonably requested by Business Associate, in
the defense of such claim, suit or proceeding.
6.2 Plan and City of Roanoke's Indemnification of Business Associate. To the
extent permitted by applicable law, the Plan and all members of its workforce (together, the
"Plan Indemnitors") and City of Roanoke and its respective directors, officers, subcontractors,
agents or other members of its workforce (together, the "City of Roanoke Indemnitors"), agree to
indemnify, defend and hold harmless Business Associate, its respective directors, officers,
subcontractors, agents or other members of its workforce (together, the "Business Associate
Indemnitees"), against any and all claims, demands, losses, costs, expenses, obligations,
liabilities, actions, suits, damages and deficiencies (including, without limitation, all costs and
reasonable attorneys' fees) that arise out of or are proximately caused by:
(a) Plan Indemnitors' or City of Roanoke Indemnitors' breach of this
Agreement, including, without limitation, the failure of Plan Indemnitors or City of
Roanoke Indemnitors to perform their obligations with respect to PHI, or by any use or
disclosure of PHI by the Plan Indemnitors or City of Roanoke Indemnitors that is not
permitted under this Agreement; or
(b) Any warranty hereunder or from any negligence or wrongful acts or
omissions, including failure to perform its obligations under the Privacy Rules, by Plan
Indemnitors or City of Roanoke Indemnitors or their directors, officers, subcontractors,
agents or other members of their workforce.
Accordingly, on demand, Plan Indemnitors or City of Roanoke Indemnitors will reimburse
any Business Associate Indemnitees for any and all actual and direct losses, liabilities, fines,
penalties, costs or expenses (including, without limitation, all costs and reasonable attorneys'
fees), which may for any reason be imposed upon any Business Associate Indemnitees by
reason of any suit, claim, action, proceeding or demand by any third party which results from or
is proximately caused by Plan Indemnitors' or City of Roanoke Indemnitors' breach hereunder.
Business Associate will provide prompt written notice of, and information and assistance (at Plan
Indemnitors' or City of Roanoke Indemnitors' expense), as reasonably requested by City of
Roanoke, in the defense of such claim, suit or proceeding.
6.3 The obligation to indemnify any party under either Section 6.1 or 6.2 will survive
the expiration or termination of this Agreement for any reason.
ARTICLE VII
ADDITIONAL OBLIGATIONS
7. I Minimum Necessary Representations. Business Associate represents that all of its
requests for disclosure of PHI will be the minimum necessary for the stated purpose to be accomplished.
Additionally, where this Agreement and the Privacy Rules allow Business Associate to disclose PHI
received or maintained for or on behalf of the Plan, Business Associate will disclose only the minimum PHI
necessary to perform or fulfill a specific function required or permitted hereunder; provided, however, that
if under the Privacy Rules the minimum necessary standard does not apply, this Section does not apply to
the disclosure of PHI in such a circumstance. Where the Privacy Rules permit Business Associate to
assume that the amount of PHI requested is the minimum amount necessary, nothing in this Agreement
shall be construed to impose a greater restriction upon Business Associate.
7.2 Right to Cure. The Plan hereby preserves the right to cure a breach by Business
Associate. Neither the Plang exercise of this right, nor its ability to cure the breach, will affect Plan's
right to terminate this Agreement or seek any other remedies.
7.3 Data Ownership. All PHI provided by, or created or received by, Business Associate
f~r or on behalf of the Plan in the performance of this Agreement is the sole property of the Plan.
7.4 Controllinq Responses to Subpoenas. Notwithstanding any other Section of
this Agreement, the parties hereby agree that the Plan will control responses to subpoenas or
any other discovery request or judicial or administrative order directing or mandating that
Business Associate disclose PHI that Business Associate has received or maintains for or on
behalf of the Plan.
7.5 Iniunctive Relief. Business Associate acknowledges that its disclosure of any
PHI without the Plan's prior written consent (as demonstrated through this Agreement or other
written document) would cause continuing, substantial, and irreparable injury to the Plan and
that the Plan's remedies at law for such disclosure will not be adequate. Accordingly, Business
Associate agrees that the Plan will be entitled to immediate injunctive relief against the breach or
threatened breach of the foregoing undertakings by Business Associate, and that such rights will
be in addition to, and not in limitation of, any other rights or remedies to which the Plan may be
entitled at law or equity.
7.6 Availability of Business Associate Records. Business Associate will make its
internal practices, books, and records relating to the use and disclosure of PHI received from, or
created or received by Business Associate for or on behalf of the Plan, available to the Secretary
of Health and Human Services or to Plan, upon request, for purposes of determining and
facilitating the Plan's compliance with the Privacy Rules.
ARTICLE VIII
MISCELLANEOUS
8.1 City of Roanoke. For purposes of this Agreement, "City of Roanoke" will mean
City of Roanoke, its affiliates and subsidiaries, individually and together, and any other
corporation, trade or business that participates in one or more of the plans listed in Attachment
A.
8.2 Exclusion from Limitation of Liability. Any damages, including any
indirect or consequential damages, arising directly or indirectly from the breach of obligations
under this Agreement or any other terms or conditions related to HIPAA, including PHI use,
disclosure and data privacy, security, and confidentiality obligations, are excluded from any
limitations on the liability of Business Associate under its service arrangement with the Plan, or
under any other agreement.
8.3 Survival. The respective rights and obligations of Business Associate and the Plan
under the provisions of this Agreement, with respect to PHI, will survive the termination of this
Agreement indefinitely.
8.4 Amendments; Waiver. This Agreement may not be modified, nor will any
provision hereof be waived or amended, except in a writing duly signed by authorized
representatives of the parties. A waiver with respect to one event will not be construed as
continuing or as a bar to, or waiver of, any right or remedy as to subsequent events.
8.5 Disputes. If any controversy, dispute or claim arises between the parties with respect
to this Agreement, they will make good-faith efforts to resolve such matters informally.
8.6 Compliance with Laws. Business Associate will comply with all applicable federal,
state and local laws, rules, and regulations, including, without limitation, the requirements of the Privacy
Rules. Business Associate agrees to comply with all Privacy Rules requirements applicable to Business
Associate as a covered entity and/or a business associate of the Plan.
8.7 Compliance Amendment. Business Associate agrees to accept amendments to this
Agreement that Plan deems necessary for the Plan's compliance with applicable federal laws and
regulations governing the use or disclosure of individually identifiable health information.
8.8 Regulatory References. A reference in this Agreement to a section in the
Privacy Rules means the section as in effect or as amended.
8.9 Interpretation. Any ambiguity in this Agreement will be resolved to permit a covered
entity to comply with the Privacy Rules.
8.10 Controlling Law. This Agreement will be construed under the laws of the
Commonwealth of Virginia to the extent federal law does not govern the construction of this
Agreement.
8.11 Application. This Agreement may be adopted in this format, or it may be appended
to an existing service agreement with Business Associate, or its terms inserted into an existing service
agreement with Business Associate. Where the terms of an existing service agreement provide that it
represents the parties' complete agreement, Business Associate agrees that such representation does not
aftEct the validity of this Agreement, and specifically agrees to be bound hereby notwithstanding such
representation.
IN WITNESS WHEREOF, each of the undersigned has caused this Agreement to be duly
executed in its name and on its behalf, effective as of the _ day of ........ 200
ANTHEM HEALTH PLANS OF VIRGINIA
By:
Title:
Date:
CITY OF ROANOKE for and on behaff of
CITY OF ROANOKE
EMPLOYEE HEALTH CARE PLAN
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
April 14, 2003
File #2-60-468
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. 36278-040703 authorizing execution of an option
agreement for acquisition of certain property located at 1905 Riverdale Road, S. E., and
subsequent legal documents to purchase the property upon the exercise of such option,
upon certain terms and conditions; and dispensing with the second reading of this
ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, April 7, 2003, and is in full force and effect
upon its passage.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc;
Mr. Robert A. Gilmer, 1905 Riverdale Road, S. E., Roanoke, Virginia 24014
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Michael T. McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Manager, Water Division
N:\CKMHl~,genda.03~Apdl 7, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of April, 2003.
No. 36278-040703.
AN ORDINANCE authorizing the execution of an option agreement for the acquisition of
certain property located at 1905 Riverdale Road, S.E., and subsequent legal documents to purchase
the property upon the exercise of such option, upon certain terms and conditions, and dispensing
with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. In connection with the City's Well Development Program, the City Manager is hereby
authorized to execute an option agreement with Mr. Robert A. Gilmer for the purchase of certain
property located at 1905 Riverdale Road, S.E., to be developed and used as a well site, and
subsequent additional legal documents if such option is exercised, as more fully described in the City
Manager's letter to City Council dated April 7, 2003. All requisite documents required for the
execution of such option agreement and the subsequent purchase of the property shall be on form
approved by the City Attorney.
2. The City Manager is directed on behalf of the City to offer the landowners such
consideration for the property rights as deemed appropriate; provided, however, the total
consideration offered or expended shall not exceed $20,000.00, which shall not include the
additional costs of reports, preparation of necessary documents and recordation costs, without further
authorization of Council. Upon the acceptance of an offer and upon deliveryto the City of the option
agreement, and other subsequent legal documents if such option is exercised, approved as to form
and execution by the City Attorney, the Director of Finance is directed to pay the consideration to
the owners of the interests conveyed, certified by the City Attorney to be entitled to the same.
3. Authorization for the purchase of this property is further conditioned upon the City
obtaining an acceptable title report for this property.
4. Pursuant to the provisions of Chapter 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 Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartrnan
Assistant City Clerk
April 10, 2003
File #2-60-468
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36277-040703 authorizing the City Manager's
issuance of Change Order No. 2 to the City's contract with Golder Associates Inc., for
ground water exploration investigation and work in connection with developing additional
soumes of water to increase the City's water supply, in the amount of $369,835.00; and
dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, April 7, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Brent Waters, Project Manager, Golder Associates Inc., 3701 Saunders Avenue,
Richmond, Virginia 23227
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Michael T. McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Manager, Water Division
H:~Agenda.03~kodl 7, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of April, 2003.
No. 36277-040703.
AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 2 to the
City's contract with Golder Associates Inc. for ground water exploration investigation and work in
connection with developing more additional sources of water to increase the City's water supply; 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 is authorized to execute for and on behalf of the City, in a form
approved by the City Attorney, Change Order No. 2 to the City's contract with Golder Associates
Inc. for ground water exploration investigation and work in order to provide the City with more
additional sources of water, all as more fully set forth in the City Manager's letter to Council dated
April 7, 2003.
2. This Change Order will provide authorization for additions to the work with an increase
in the amount of $369,835.00 to the contract, all as set forth in the above letter.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
April 10, 2003
File #2-60-468
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36276-040703 amending and reordaining certain
sections of the 2002-03 Water Fund Appropriations, providing for appropriation of funds
in connection with execution of Change Order No. 2 to the contract with Golder Associates,
Inc., for ground water exploration investigation and work to identify additional water sources
to increase the City's water supply; an option agreement to purchase property located at
1905 Riverdale Road, S. E., to be used as a well site; and dispensing with the second
reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, April 7, 2003, and is in full force and effect
upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Operations
Michael T. McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Manager, Water Division
Barry L. Key, Director, Off.me of Management and Budget
H:~Agenda.03~odl 7, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of April, 2003.
No. 36276-040703.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Water Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Water Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Capital Outlay $ 9,361,522
Crystal Springs Well Supplements (1) ..................................................... 1,239,720
Consulting Services for Authority (2) ....................................................... 200,000
Revenues
Operating
Commercial Sales (3) ..............................................................................
Industrial Sales (4) ...................................................................................
Domestic Sales (5) ..................................................................................
$13,688,295
4,766,609
739,053
4,357,633
1) Appropriated from
General Revenue
2) Appropriated from
General Revenue
3) Commercial Sales
4) Industrial Sales
5) Domestic Sales
(002-530-8408-9003) $ 100,000
(002-530-8415-9003)
(002-110-1234-0901)
(002-110-1234-0902)
(002-110-1234-0903)
200,000
113,743
14,645
171,612
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 Aveiaue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (,~10) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
April 7, 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:
Well Development Program -
Contract Change Order, Land
Option Purchase and Budget
Adjustment
As part of the City's drought response from last summer, various locations were
identified as possible drinking water well sites to increase the City's water supply.
The Utility Department has sought the development and implementation of seven
high-yielding wells that exist primarily on City property. Although the water
emergency is currently over, these water supply projects are at various stages of
completion.
To date, the Utility Department has expended or committed capital costs and
services in the amount of $427,302 on a contract with Golder Associates Inc. for
well site exploration, testing, drilling and development. A contract change order
in the amount of $369,835 is required to complete the work which, in addition to
the well construction, includes a preliminary design report for a well water
softening system.
An option agreement to purchase a portion of the property located at 1905
Riverdale Road, S.E., Roanoke, Virginia, from a private individual to be used as
a well site has been agreed to by the landowner. The cost of the option is
$2,000, which will be applied to the purchase price of $20,000, if the City elects
to purchase the property. Purchase of the site will only occur if a well can be
The Honorable Mayor and Members of Council
Well Development Program - Contract Amendment
April 7, 2003
Page 2
successfully completed at the site. The City is responsible for closing the test
well and restoring the site if the option agreement is not exercised.
Funding has previously been approved for these purposes and is available in
capital account 002-530-8408-9003.
With the recent water rate increase, additional revenue in the amount of
$300,000 may be estimated for FY03. Certain professional consulting services,
such as rate studies and appraisals, will be needed to assist in the creation of the
regional water and wastewater authority. This additional revenue is
recommended for appropriation for such purposes.
Recommended Action:
Authorize the City Manager to execute a change order in the amount of $369,835
to the existing contract with Colder Associates Inc. of Richmond, Virginia to
provide the above consulting and well drilling services, and provide consulting
services for a preliminary engineering report for a well water softening system.
Authorize the City Manager to execute an option agreement to purchase the
above mentioned well site property, and subsequent documents to purchase
such property if such option is exercised.
Authorize the City Manager to take such further action and execute such further
documents as may be necessary to implement and administer the above
mentioned work and, if appropriate, other necessary documents in order to
acquire the above mentioned well site property.
Increase revenue estimates for fiscal year 03 by $300,000 as follows: (1)
Commercial $113,743; (2)Industrial $14,645; (3) Domestic $171,612.
Appropriate $100,000 into capital account 002-530-8408-9003, well construction.
Appropriate $200,000 for consulting services to assist with the creation of the
regional water and sewer authority into an account established by the Director of
Finance in the Water Fund.
Respectfully submitted,
City Manager
The Honorable Mayor and Members of Council
Well Development Program - Contract Amendment
April 7, 2003
Page 3
DLB/mtm
Attachment
c: Jesse Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
George C. Snead, Jr., Assistant City Manager for Operations
Michael McEvoy, Director of Utilities
CM03-0055
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avelaue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
April 7, 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: Update on Well
Development Program
As part of the City's response to last summer's drought, a plan was developed to
supplement the City's water supply resources in the event that the Carvins Cove
Reservoir became unable to sustain operations. The goal was to develop
sufficient firm capacity to meet the City's average annual water demand of 15
million gallons a day (mgd) and its summertime peak demand of 18 mgd through
restoration of existing sources such as Crystal Spring, water purchases from
other localities, and development of ground water such as the well at Muse
Spring. Demand management tools such as conservation education and water
restrictions were also key elements, especially in reduction of the peak seasonal
consumption. This summer's drought demonstrated that demand measures
could reduce peaks by 3 mgd, reducing the need to find additional water beyond
15 mgd. Below is a summary of the City's current water resource capacity:
Source
Plant Water
Capacity Resource
(mgd) (mgd)
Carvins Cove Treatment Plant
28 15'
Crystal Spring Filtration Plant 5 3.0 to 4.0'*
Falling Creek Treatment Plant 1 1
The Honorable Mayor and Members of Council
Update on Well Development Program
April 7, 2003
Page 2 of 6
Muse Spring Well
Water Purchases - City of Salem
Water Purchases - Roanoke County
1 1
Subtotal w/o Carvins Cove 11
* - Under review as part of the Long Range Water Supply Plan
** - Varies with Climatic Conditions
Groundwater exploration was selected to make up the remaining 4 mgd deficit.
Various locations were identified for development of drinking water wells. Five
high-yielding wells on City property were identified along with one well on a
private site. Although the drought is currently over, the emergency water supply
projects are at various stages of completion. Listed below is a summary of the 6
well locations plus information on the Muse Spring well.
Well Location
Capacity Notes
Muse Spring
Fire Station No. 8
1 mgd
0.7 mgd
Riverside Sports 1.4 mgd
Complex
Garden City Blvd No. 1 >1.4 mgd
Garden City Blvd No. 2 >1 mgd*
Garden City Blvd No. 3 >1 mgd*
Riverdale (private) 0.5 mgd*
* - estimated capacity
Operational under temporary permit.
Drilled. Awaiting pump installation and
treatment study.
Drilled. Awaiting pump installation and
treatment study.
Drilled.
Drilling ready to proceed.
Drilling ready to proceed.
Option negotiated. Drilling ready to proceed.
Muse Sprinq well - This well was completed, given conditional approval by the
Virginia Department of Health (VDH), and has been in service with a consistent
yield of 1 mgd. Conditional approval expires July, 2003. Utilities Department
staff is in discussions with VDH about continued use of the well as VDH has
signaled its intention to require the installation of a storage tank for increased
disinfection efficiency. The original Muse Spring site design called for two wells
with a small building to house chemical feed and control equipment and a
storage tank. VDH routinely permits well systems without any disinfection if
certain biological tests indicate no contaminants of concern such as in the case
of the Muse Spring well. Although not required, the City added chlorine
disinfection as an additional safeguard. Recent discussions indicate that a
compromise can be reached, which is positive as the costs associated with a
storage tank are significant.
The Honorable Mayor and Members of Council
Update on Well Development Program
April 7, 2003
Page 3 of 6
Fire Station # 8 and Riverside Sports Complex wells - These wells are intended
to provide supplemental flow for Crystal Spring, to fully utilize the new filtration
plant's treatment capacity. The wells have been drilled and exceeded capacity
goals. Pump installation has been delayed however pending a decision
regarding the need for additional treatment. Initial testing of the wells
demonstrated much better biological water quality than expected - it was
anticipated that these wells would be surface-water influenced like Crystal
Spring. Chemical testing, however, showed elevated levels of hardness.
Hardness is a measure of the calcium and magnesium in water, and while not a
health concern, it does affect such items as detergent usage (in general, the
harder the water, the more detergent needed) and scale formation on surfaces
such as water heaters. Utilities staff initially had concerns that harder water may
shorten the filter life at Crystal Spring but additional testing and evaluation by the
filter manufacturer have concluded it would have no effect other than to increase
filter cleaning.
The City's existing water supplies vary greatly with regard to hardness. Falling
Creek is considered very soft water, while Carvins Cove is considered to be of
average hardness. Crystal Spring, Muse Spring and Roanoke County's Spring
Hollow are rated as moderately hard waters. Because the addition of the well
water at Crystal Spring would increase the hardness, a preliminary engineering
study has been proposed to determine if these effects would be significant and if
so, what treatment might be installed to reduce hardness levels.
Three treatment options are currently available for reducing hardness: ion
exchange, lime softening, and nanofiltration. Ion exchange is the method of
choice for small systems but is unlikely to be practical for the volume of water the
City would need to treat. Lime softening is very popular but lime softening plants
are typically quite large. It is likely that the space requirements needed would be
too great. Additionally, both ion exchange and lime softening require handling of
bulk volumes of chemicals. Nanofiltration uses membranes to "filte¢' dissolved
compounds from water, similar to reverse osmosis processes. It is quite effective
at reducing hardness and has been used in a number of locations, but would be
expensive to construct and operate.
Preliminary indications are that softening the Fire Station No. 8 and Sports
Complex wells will not be required; however, some treatment adjustments to the
finished water from Crystal Spring may be needed to limit the effects of increased
hardness. It is likely that these wells could be run for summer peak demands
and conserved during the winter months. Space is available at the Crystal
Spring site to install a nanofiltration plant should that become necessary. Finally,
The Honorable Mayor and Members of Council
Update on Well Development Program
April 7, 2003
Page 4 of 6
the Sports Complex well will also be available for irrigation of the adjacent
athletic fields.
Garden City Boulevard well No. 1 - This well has been drilled, cased, and
grouted. Well construction was especially difficult because of the area's
fractured rock formation. Several test wells were drilled until a viable location
was achieved. The quantity of water produced was significantly higher than
expected however. Pump tests after drilling produced greater than 1.4 mgd of
flow with very little drawdown in water levels. It is expected that this well could
yield as much as 2 mgd under the right pumping conditions. Chemical water
tests were good but initial biological tests indicated that the water may be
surface-water influenced similar to Crystal Spring. This would require the
installation of filtration equipment. As with the Sports Complex well, this well
could also be used for irrigation of athletic fields.
Garden City Boulevard wells Nos. 2 & 3 - The geologic testing completed to date
suggests that two additional wells can be drilled along Garden City Boulevard.
Capacities of these wells are expected to be at least 1 mgd each. However,
based upon the experience with well No. 1, it is likely that these wells could also
be surface influenced. This would require a filter treatment facility similar to
Crystal Spring.
Utilities Department staff recommends that these two additional wells be
constructed and maintained until such time as a treatment facility can be built.
With the high yield achieved in well No. 1 and the expected yields likely out of
wells 2 & 3, a treatment facility combining all three wells could rival the
production of Crystal Spring. Property is available at the Muse Spring site to
construct such a facility. Water from the Garden City Boulevard wells could be
piped to this location, possibly combined with the water from the Muse Spring
well and filtered using the same technology as at Crystal Spring. The estimated
cost to build such a facility is $3 to $5 million.
Formation of the Regional Water and Wastewater Authority with Roanoke County
may make construction of such a facility unnecessary. However, in the event
that a treatment facility is not built, the wells could be used on an emergency
basis with leased filtration equipment.
Riverdale well - This well site is located on private land. A final access and
property option agreement has been reached between the City and the property
owner. Exploratory test drilling is set to begin as soon as the agreement is
executed. If water quantity yields and water quality testing is satisfactory, the
City would purchase a well lot from the owner at a cost of $20,000. It is believed
The Honorable Mayor and Members of Council
Update on Well Development Program
April 7, 2003
Page 5 of 6
that a well at this location would not require treatment other than disinfection.
Again, if the testing indicated the water was surface-water influenced, the water
could be piped to the proposed filtration plant.
Cost Summary
To date, the Utilities Department has expended capital in the amount of
$472,302.00 for well site exploration, testing, drilling and development. This
includes:
Exploration for Crystal well sites
Well Drilling and Construction of Crystal wells (2 wells)
Well Testing (2 wells)
Wellhead Facility Design & Construction
(2 wells; not yet completed)
Piping to Connect to Crystal Spring
(2 wells; not yet complete)
Final Hydrogeologic Report (2 wells)
Regional Groundwater Development Study
Garden City Well No. 1 (includes testing)
$ 14,500.00
$117,340.00
$ 35,48O.OO
$104,000.00
$ 45,000.00
$ 7,5OO.OO
$ 26,5OO.OO
$121,982.00
Subtotal $472,302.00
An additional $371,835 ~s expected as follows:
Preliminary Engineering Report for Well Water
Softening Systems
Abandonment of previous Test Wells
Site Restoration
Garden City Well #2 (includes testing)
Garden City Well #3 (includes testing)
5-Day Multiple Well Test (all 3 wells operating together)
Riverdale Well (includes testing)
Option Agreement
$ 10,960.00
$ 3,900.00
$ 4,275.00
$110,650.00
$110,650.00
$ 34,700.00
$ 94,700.00
$ 2,000.00
Subtotal $371,835.00
Total of All Projects to Date
$844,137.00
Funding is available for completion of these tasks; in addition, funding is
available in the amount of $85,000 that would be anticipated should the
Riverdale well be successful for land purchase, pump installation, disinfection
The Honorable Mayor and Members of Council
Update on Well Development Program
April 7, 2003
Page 6 of 6
equipment and piping. A storage tank for the Muse Spring well, if required,
would run approximately $300,000. This amount is not currently funded.
Other Water Supply Considerations - As stated previously, the formation of the
Regional Water and Wastewater Authority with Roanoke County has some
bearing on well development. The Authority will be working to increase
interconnections between the two localities' distribution systems, possibly making
the need for additional wells unnecessary. However, the Long Range Water
Supply Planning Study is likely to identify water capacity deficits for the combined
City and County systems. Groundwater can be a significant and cost effective
alternative to future surface water projects.
Darlene L. BuCc/ham
City Manager
DLB/mtm
c: Jesse Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
George C. Snead, Jr., Assistant City Manager for Operations
Michael McEvoy, Director of Utilities
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
April 10, 2003
File #1-24-162-184
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. 36279-040703 amending and reordaining Section
32-37, Appointment and term, and Section 32-37.1, General powers and assistants, of
Chapter 32, Taxation, Code of the City of Roanoke, (1979), as amended, in order to
change the method of appointment of the Director of Real Estate Valuation, placing the
Office of Real Estate Valuation under the control of the Director of Finance; providing for
an effective date; and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, April 7, 2003, and is in full force and effect
upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc;
The Honorable Robed P. Dohedy, Chief Judge, Twenty-Third Judicial Cimuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
H:~°,genda.O3V~,prit 7. 2003 correspondence.wpd
Dadene L. Burcham
April 10, 2003
Page 2
pc:
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable Francis W. Burkart, III, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and 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
Lora A. Wilson, Law Librarian
Darlene L. Burcham, City Manager
Willard N. Claytor, Director, Real Estate Valuation
H:~Agenda.03~Apdl 7, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of April, 2003.
No. 36279-040703.
AN ORDINANCE amending and reordaining {}32-37, Appointment and
term, and {}32-37.1, General powers and assistants, of Chapter 32, Taxation, Code
of the City of Roanoke (1979), as amended, in order to change the method of
appointment of the Director of Real Estate Valuation, placing the Office of Real
Estate Valuation under the control of the Director of Finance; providing for an
effective date; and dispensing with the second reading of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 32-37, Appointment and term, and {}32-37.1, General powers
and assistants, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained to read and provide as follows:
{}32-37. Appointment.
The director of real estate valuation shall be appointed by the
director of finance, and shall be included in the City's pay and
classification plan.
{}32-37.1. General powers.
The director of real estate valuation shall be the administrative head
of the office of real estate valuation, and shall be responsible to the
director of finance for the effective administration of such office. The
director of real estate valuation shall have responsibility for the
general management and control of the assessment of real estate for
taxation.
2. This ordinance shall be in full force and effect on August 1, 2003.
3. Pursuant to the provisions of §12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:Rv"-EASLrRES\o-amdirectoro frealestate. 1 .doc
WILLIAM M. HACK~VORTH
CITY ATTOKNEy
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-2431
FAX: 540-853-1221
EMA/L: ¢i/~at ty~ci r oanokc.va.us
April 7, 2003
ELIZABETH K. DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L, COLLINS
HEATHER p. FERGUSON
AS S I S TANT CITY ATTOR24EYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Director of Real Estate Valuation
Dear Mayor Smith and Council Members:
During Council's meeting on March 3, 2003, I was requested to prepare the necessary
ordinance to amend the City Code to provide that the Director of Real Estate Valuation be
appointed by and report to the Director of Finance, rather than being appointed by and reporting
directly to City Council, effective August 1, 2003.
The requested ordinance is attached for your consideration. It has been reviewed and
approved by Mr. Hall and by Mr. Claytor. While there are references in the City Code to the
Director of Real Estate Valuation in addition to the two that would be amended by the attached
ordinance, it is not necessary to amend them.
Please let me know if you have any questions about this matter.
With kindest personal regards, I am
Sincerely yours,
WMH:f
Attachment
cc: Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Willard N. Claytor, Director of Real Estate Valuation
Mary F. Parker, City Clerk
William M. Hackworth
City Attorney
H:\COUNC IL\L-hmdirectorofrealestatevaluation.doc
JESSE A. HALL
Director of Finance
~mail: jesse_hali~ci.mznoke.va.us
April 7, 2003
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W, Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-282 I
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
The Honorable Ralph K. Smith, Mayor
The Honorable C. Nelson Harris, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable William H. Carder, Council Member
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
SUBJECT: February Financial Report
This financial report covers the first eight months of the 2002-2003 fiscal year. The following narrative discusses
revenues and expenditures to date.
REVENUE
General fund revenues are up 2.48% or $2,181,000 compared to the same period last year. Variances in specific
categories of revenues are as follows:
General Property Taxes increased 6.32% or $I,646,000. Real estate taxes increased 4.98% and achieved 51.97% of the
estimate. Increased property values resulting from the annual reassessment program and new construction contributed to
the growth in this category. These increases were partially offset by a decline in public service corporation taxes, due to a
decrease in real estate assessments of public service corporation tax, as well as an increase in the number of refunds in
FY03. Personal property tax has declined, however, the majority of this tax will be collected near the end of the fiscal
year as the annual assessments become due. Penalties and interest also declined.
Other Local Taxes increased 3.03% or $946,000. Electric utility consumer tax, which is based on usage, was down due
to a timing difference in collections. Removing the effect of this timing difference, electric utility consumer tax revenue
increased 5.22% due a warmer than normal summer and colder winter weather. Sales tax revenues were up 0.7% from the
prior year at February 28~', however, inclusive of the mid-March collection, representing retail sales activity for the month
of January, collections have increased 1.55% on a year-to-date basis. Cellular phone tax revenue has increased due to
efforts to ensure service providers correctly remit revenues to the proper jurisdictions. Business and professional
occupational license (BPOL) tax, which was due March 1, increased from the prior year due to earlier collections. For the
year, BPOL tax revenues, which are based on gross receipts, are expected to be slightly lower than the prior year.
Permits, Fees and Licenses declined 15.14% or $I02,000. Permit valuations for commercial projects during the first
eight months of the current fiscal year were lower than the same period in the prior year, having a negative impact on
building, plumbing and heating inspection fees. In addition, the number of building permits issued for commercial and
residential projects has declined. Elevator inspection has been privatized with the majority of fees paid directly to a third
Honorable Mayor and Members of Council
April 7, 2003
Page 2
party, causing a decline in elevator inspection revenues. There was also an expenditure decline related to this
privatization effort.
Fines and Forfeitures increased 19.27% or $138,000. Parking ticket revenue was up almost $109,000 from the prior
year. In late fall of the prior year, the ticketing function was civilianized. As a result, the number of parking tickets issued
increased substantially. Also, the penalty for late payment of parking tickets was increased effective July 1, 2002,
generating additional parking ticket revenue. General District Court fines were up due to an increased caseload, much of
which was related to the increased number of parking tickets.
Grants-in-Aid-Commonwealth decreased 2.36% or $576,000. As anticipated, jail block grant, funds received under HB
599 for law enforcement and funding received under the Virginia Juvenile Community Crime Control Act decreased.
Removing the effect of timing differences, reimbursement received from the Compensation Board for shared expenses of
the constitutional offices declined 2.6% or $119,000. These decreases are partially offset by an increase in social services
revenue.
Charges for Services increased 14.74% or $359,000. Several new fees were authorized by the 2002 General Assembly
and were effective July 1, 2002, including a courthouse security fee, inmate processing fee and DNA sampling fee.
Circuit Court Clerk fees were up due to an increase in the number of deeds recorded and the recording of deeds for a
number of high value property sales in the current year. An increase in caseload and an increase in the value of estates
filed also contributed to the growth in Circuit Court Clerk fees. A new fee structure for bulk garbage collection generated
additional revenue. EMS fees increased as a result of the rate increase effective April 1, 2002. While overall revenue in
this category is up from the prior year due to fee increases and the establishment of new fees, several of these fees are
under performing their estimates.
Miscellaneous Revenue declined 58.62% or $152,000. In the prior year, funding was transferred from the Parking Fund
to partially support the subsidy provided to the Greater Roanoke Transit Company (GRTC). However, this subsidy is
being funded by the General Fund in the current year. In addition, a larger amount of surplus property sales proceeds
were received in the prior year.
EXPENDITURES AND ENCUMBRANCES
General fund expenditures and encumbrances have decreased 1.11% or $1,523,000 compared to FY02. Variances in
individual expenditure categories are discussed as follows:
Public Works expenditures declined 5.56% or $960,000. Expenditures of the Solid Waste Management Division were
down significantly due to lower overtime and contract labor charges. The purchase of eight new vehicles in the current
year eliminated the need to rent equipment, ~vhile tipping fees paid to the Roanoke Valley Resource Authority declined
due to increased recycling efforts. Paving program expenditures are down in the current year but should be comparable to
the prior year as paving projects proceed in the spring. Park amenities such as trash cans, benches, tables and bleachers
totaling approximately $130,000 were purchased in FY02, without a corresponding expenditure in the current year.
Parks, Recreation and Cultural expenditures declined 8.58% or $293,000. Personal services costs of the Recreation
department decreased. Several labor-intensive program cuts, the elimination of a project assistant position and shortened
hours at pool facilities caused temporary wage costs to decline. In addition, pool supplies, a scoreboard and
miscellaneous furnishings and appliances for the fitness centers were purchased in the prior year. Personal services costs
of the Library decreased as several positions have been vacant during the year. Publications and subscription
expenditures also decreased as spending was consciously limited in anticipation of funding reductions from the State.
Honorable Mayor and Members of Council
April 7, 2003
Page 3
Community Development expenditures increased 8.93% or $292,000 due to an increase in Housing and Neighborhood
Services costs. A reorganization in September 2001 resulted in new positions being added to handle changes in the code
enforcement area. Additionally, internal service charges for Technology and Fleet increased in the current year,
corresponding to the increase in personnel.
Transfer to Debt Service Fund increased 34.62% or $3,896,000. The current fiscal year was the first year principal and
interest payments were required for the Series 2002A General Obligation Bonds, and a larger principal payment was
required on the Series 1997B Bonds, increasing the required transfer amount. The final principal and interest payments
were made in the prior fiscal year for Series 1992 Refunding Bonds, partially offsetting these increases.
Nondepartmental expenditures decreased 44.45% or $4,653,000. In the prior year, essentially all transfers to the Capital
Projects Fund were made at the beginning of the year. To be consistent with other General Fund budgeted transfers, a
portion of these transfers were made mid-year and the remainder are planned for the end of the year in FY03. This change
is also reflective of a decrease in the amount to be transferred to the Capital Projects Fund and decreases in CMERP
funding transferred to the Capital Projects and Department of Technology Funds in the current year.
I would be pleased to answer questions City Council may have regarding the monthly financial statements.
JAH/tht
Attachments
irector of Finance
CITY OF ROANOKE, VIRGINIA
SUMMARY OF CITY MANAGER TRANSFERS
AND AVAILABLE CONTINGENCY
FEBRUARY 28, 2003
Transfer
Number. Date
General Fund:
CMT-136809/03/02
CMT-649 09/26/02
CMT-651 11/12/02
CMT-653 11/11/02
CMT-657 12/02/02
CMT-663 12/04/02
CMT-659 12/06/02
CMT-140312/18/02
CMT-667 01/10/03
CMT-677 01/14/03
CMT-675 01/15/03
CMT-679 02/03/03
CMT-687 02/21/03
CMT-685 02/28/03
CMT-689 02/28/03
Explanation From
The Art Project Feasibility Study
American Flag Inventory
Terrorism Conference
Terrorism Conference
Reorganization of Neighborhood
Partnership
Parking Lot Paving at Mountain
View Recreation Center
Victory Stadium Parking Lot
Grading
Temporary Wages
Legal Fees
Fees For Professional Services
Shredder
Temporary Architect Wages
Supplement Operating Expenses
Temporary Architect Wages
Chemicals Purchase
Capital Proiects Fund:
CMT-646 09/20~02 Century Square Project
CMT-646 09/20/02 Century Square Project
CMT-138510/31/02 Final Household Hazardous
Waste Collection Day
CMT-138510/31/02 Final Household Hazardous
Waste Collection Day
CMT-665 01/06/03 Environmental Cleanup
T_9.o
Amount
Contingency*
Police Patrol
Fire-Support
Police Training
Planning, Building and
Development
Police Patrol
Parks and Recreation
Administration
Crisis Intervention
Police Patrol
Contingency*
Police Patrol
Transfers To Other
Funds
Contingency*
Transfers To Other
Funds
Contingency*
Memberships and
Affiliations
Transportation-Engineering
and Operations
Environmental Services and
Emergency Management
Environmental Services and
Emergency Management
Neighborhood Partnership
Parks
Transportation-Streets and
Traffic
Youth Haven
Economic Development
City Attorney
Commissioner of the
Revenue
Engineering
City Council
Engineering
Transportation-Snow
Removal
Total General Fund
$ 37,500
5,100
1,195
669
13,659
11,900
3,900
3,800
21,591
30,000
1,344
10,318
43,175
4,006
69,400
--$~,557
Special Park Project Sister City Century Square
Grants Upgrade $ 145
Roanoke River Center Sister City Century Square
Phase I Upgrade 3,855
Capital Improvement Environmental Issues-
Reserve PWSC 5,000
Capital Improvement Settlement State DEQ-
Reserve PWSC 60,000
Smith Park Riparian Environmental Issues-
PWSC 22,992
Total Capital Projects Fund ~ 91,992
CITY OF ROANOKE, VIRGINIA
SUMMARY OF CITY MANAGER TRANSFERS
AND AVAILABLE CONTINGENCY
FEBRUARY 28, 2003
(CONTINUED)
Transfer
Number Date Explanation
Available Contingency
Balance of Contingency at July 1, 2002
*Contingency Transfers From Above
Contingency Appropriations Through Budget Ordinances:
BO 36022 08/19/02 Drug Prosecutor Local Match
BO 36154 12/16/02 Virginia Exile Grant Unused
Local Match
BO 36239 02/21/03 Snow Removal
Available Contingency at February 28, 2003
From
Contingency
Transfer to Grant
Fund
Contingency
T._~o
Transfer to Grant Fund
Contingency
Transportation-Snow
Removal
Amount.
$ 476,300
(180,075)
(9,381)
13,643
2
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Revenue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Property
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Miscellaneous Revenue
Internal Services
Total
Year to Date for the Period
July I - Feb 28 July I - Feb 28
2001-2002 2002-2003
$ 28,052,632 $ 27,698,230
Percentage
of Change
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
6.32 % $ 78,340,707 35.36%
31,240,884 32,186,725
673,080 571,143
715,222 853,014
628,519 662,268
24,427,107 23,851,113
17,179 17,179
2,434,814 2,793,771
258,965 107,153
1~448,238 1,337,403
87t8961640 $ 9010771999
3.03 % 59,301,164 54.28%
-15.14 % 1,030,694 55.41%
19.27 % 1,116,350 76.41%
5.37 % 1,082,729 61.17%
-2.36 % 45,687,395 52.21%
0.00 % 34,300 50.08%
14.74 % 4,353,761 64.17%
-58.62 % 315,045 34.01%
-7.65 % 2,302~219 58.09%
2,48 % $ 19315641364 46.54%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Expenditures
General Government
Judicial Administration
Public Safety
Public Works
Health and Welfare
Parks, Recreation and
Cultural
Community Development
Transfer to Debt Service
Fund
Transfer to School Fund
Nondepartmental
Total $
Year to Date for the Period
Current Fiscal Year
Percent of
July I - Feb 28 July 1 - Feb 28 Percentage Unencumbered Revised Budget
2001-2002 2002-2003 of Change Balance Appropriations Obligated
$ 7,957,283 $ 7,635,769 -4.04 % $ 4,059,743 $ 11,695,512 65.29%
3,881,980 4,043,632 4.16 % 2,249,774 6,293,406 64.25%
31,400,207 30,447,412 -3.03 % 16,003,874 46,451,286 65.55%
17,250,791 16,291,064 -5.56 % 8,624,989 24,916,053 65.38%
17,028,826 17,185,076 0.92 % 10,263,677 27,448,753 62.61%
3,412,274 3,119,526
3,273,672 3,586,147
11,253,451 15,149,128
30,685,339 31,836,308
10~468~719 5,815~887
136,6121542 $ 135~0891949
-8.58% 1,886,603
8.93% 1,958,227
4,806,129 64.91%
5,524,374 64.55%
34.62 % 1,697,914 16,847,042 89.92%
3.75 % 15,572,248 47,408,556 67.15%
-44.45 % 5,124,538 10,940~425 53.16%
-1.11% $ 67~241,587 $ 202~3311536 66.77%
Note:
Prior year financial statements have been restated to conform to current year presentation.
3
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND STATEMENT OF REVENUE
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Transfer from General Fund
Special Purpose Grants
Total
Year to Date for the Period
Current Fiscal Year
July 1 - Feb 28 July 1 - Feb 28 Percentage
2001-2002 2002-2003 of Change
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
4,616,067 $ 4,513,653
24,721,199 26,333,178
53,707 82,612
1,066,240 1,377,253
30,685,339 31,836,308
5,144,330 6,617,542
-2.22 % $ 9,226,504 48.92 %
6.52 % 43,236,695 60.90 %
53.82 % 115,298 71.65 %
29.17 % 2,127,968 64.72 %
3.75 % 47,408,556 67,15 %
28.64 % 9,430,985 NA
$ 66,286,882 $ 70,760,546
6.75 % $ 111,546,006 63.44 %
SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period Current Fiscal Year
Percent of
July 1 - Feb 28 July 1 - Feb 28 Percentage Unencumbered Revised Budget
2001-2002 2002-2003 of Change Balance Appropriations Obligated
Instruction $ 46,279,762 $ 47,434,562 2.50 % $ 28,445,948 $ 75,880,510 62.51%
General Support 2,238,062 2,322,936 3.79 % 1,711,036 4,033,972 57.58 %
Transportation 2,450,728 2,592,719 5.79 % 1,449,499 4,042,218 64.14 %
Operation and
Maintenance of Plant 6,224,423 6,970,087
Facilities 1,532,819 1,628,592
Other Uses of Funds 5,816,531 6,275,072
Special Purpose Grants 9,752,261 9,430,985
Total $ 74,294,586 $ 76,654,963
Expenditures
11.98 % 3,971,326 10,941,413 63.70 %
6.25 % 502,731 2,131,323 76.41%
7.88 % 796,647 7,071,719 88.73 %
-3.29 % 9,430,985 NA
3.18 % $ 36,877,187 $ 113,532,140 67.52 %
Note:
Prior year financial statements have been restated to conform to current year presentation.
CITY OF ROANOKE, VIRGINIA
SCHOOL FOOD SERVICES FUND STATEMENT OF REVENUE
Year to Date for the Period
Current Fiscal Year
Percent of
Revised Revenue
July 1 - Feb 28 July 1 - Feb 28 Percentage Revenue Estimate
~ 2001-2002 2002-2003 of Change Estimates Received
Grants-in-Aid Commonwealth $ 84,483 $ 85,171 0.81% $ 84,464 100.84 %
Grants-in-Aid Federal Government 1,348,980 1,405,676 4.20 % 2,747,730 51.16 %
Charges for Services 955,959 848,021 -11.29 % 1,689,923 50.18 %
Total $ 2,389,422 $ 2,338,868 -2.12 % $ 4,522,117 51.72 %
SCHOOL FOOD SERVICES FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
Current Fiscal Year
Percent of
July 1 - Feb 28 July 1 - Feb 28 Percentage Unencumbered Revised Budget
Ex~ 2001-2002 2002-2003 of Change Balance Appropriations Obligated
Food Services $ 2,857,413 $ 2,638,842 -7.65 % $ 1,886,649 $ 4,525,491 58.31%
Facilities 24,092 100.00 % 25,315 49,407 48.76 %
Total $ 2,887,413 $ 2,662,934 -6.81% $ 1,911,964 $ 4,874,898 58.21%
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OFFEBRUARY28,2003
Expenditures Unexpendsd Outstanding Unobligated
Budget To Date Balance Encumbrances Balance
General Government $ 11,178.639 $ 8,974,144 $ 2.204,495 $ 296,938 $ 1,907,557
Flood Reduction 18,695,464 7,625,349 11,070.115 211,197 10,858,918
Economic Development 25,185,051 15.849,481 9.335,570 91,333 9,244,237
Community Development 6.924,402 5,041,253 1,883.149 491,617 1,391,532
Public Safety 8,234,803 6,938,235 1,296,568 14,100 1.282.468
Recreation 25,570.198 4.915,520 20,654,678 1,469.018 19,185,660
Streets and Bridges 26,114,907 17,319.932 8,794,975 1,626,125 7.168,850
Storm Drains 3,516,831 2.241,614 1.275,217 430.148 845,069
Traffic Engineering 5,240,051 4,274,667 965,384 152,711 812,673
Capital Improvement Reserve 415,749 415,749 415,749
Total $ 131.076.095 $ 73.180,195 $ 57.895,900 $ 4,783.187 $ 53,112,713
CITY OF ROANOKE, VIRGINIA
SCHOOL CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF FEBRUARY 28, 2003
Budget
Elementary Schools Renovation $ 18,287,351
Middle Schools Renovation 983,188
High Schools Renovation 277,679
Transportation Facility Renovation 1,000,000
Interest Expense 262,929
Capital Improvement Reserve 356,271
Expenditures Unexpended Outstanding Unobllgated
To Date Balance Encumbrances Balance
$ 5,741,695 $ 12,545.656 $ 10,715,181 $ 1,830,475
962.732 20,456 1,824 18,632
277,526 153 153
68.134 931.866 561.676 370,190
228,608 34,321 34,321
356,271 356,271
Total $ 21,167,418 $ 7,278,695 $ 13,888,723 $ 11,278,834 $ 2,609,889
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
COMPARATIVE STATEMENT OF REVENUES
FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2003
Interest Revenue:
Interest on Bond Proceeds
Interest on SunTrust Lease
interest on Idle Working Capital
Total Interest Revenue
Multi Year Revenues:
Intergovernmental Revenue:
Federal Government:
FEMA ~ Regional Mitigation Project
Commonwealth:
Passenger Station Improvement - ISTEA
VDES - Garden City Mitigation Project
Mill Mountain Greenway - ISTEA
Virginia Transportation Museum - ISTEA
Railside Linear Walk - ISTEA
Total Intergovernmental Revenue
Revenue from Third Parties:
Advance Stores Governor's Opportunity Fund Agreement
First Union Job Grant Repayment
Anthem Insurance - Land Sale
Times-World Corporation - Land Sale
Mill Mountain Graenway - Fralin Trust Donation
Total Revenue from Third Parties
Other Revenue:
Transfer from General Fund
Transfer from Water Fund
Transfer from Fleet Management Fund
General Obligation Bond Proceeds - Series 2002
Total Other Revenue
Total
FY 2003
$ 702,289
451
205,603
908,343
279,790
152,679
357,791
298,564
1,088,824
170,000
31,200
20,000
221,200
2,098,999
41,940
2,140,939
$ 4,359,306
FY 2002
$ 379,557
11,013
344,502
735,072
19,223
10,143
16,176
45,542
44,400
100
3,100
47,600
5,147,517
375,000
41,530,000
47,052,517
$ 47,880,731
7
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2003
FY 2003
Operating Revenues
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
City of Salem
County of Botetourt
County of Bedford
Customer Services
Charges for Services
2,853,720
2,253,322
388,346
17,941
23,0O2
153,037
19,633
214,688
1,990,301
Total Operating Revenues
7,913,989
Operating Expenses
Personal Services
Operating Expenses
Purchased Water - Roanoke County
Purchased Water - City of Salem
Depreciation
2,888,576
3,744,O8O
1,907,359
589,419
1,108,380
Total Operating Expenses
10,237,814
(2,323,825)
Operating Income (Loss)
Nonoperating Revenues (Expenses)
Interest on Investments
Rent
Sale of Land
Miscellaneous Revenue
Transfer to Capital Projects Fund
Transfer to Department of Technology Fund
Interest and Fiscal Charges
64,456
76,000
37,432
(41,146)
(681,072)
Net Nonoperating Expenses
(544,330)
$ (2,868,154)
Net income (Loss)
Note: Prior year financial statements have been restated to conform to current year presentation.
FY 2002
$ 2,845,328
2,146,977
456,881
19,071
17,589
137,485
11,765
453,680
1,761,204
7,849,980
2,876,032
2,998,924
1,116,362
6,991,318
858,662
147,673
50,726
375,000
41,217
(375,000)
(690,152)
(450,536)
$ 408,126
CITY OF ROANOKE, VIRGINIA
WATER POLLUTION CONTROL FUND
COMPARATIVE INCOME STATEMENT
FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2003
Operating Revenues
Sewage Charges - City
Sewage Charges - Roanoke County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income (Loss)
Nonoperating Revenues (Expenses)
Interest on Investments
Miscellaneous Revenue
Capital Contributions - Other Jurisdictions
Transfer to Department of Technology Fund
Interest and Fiscal Charges
Net Nonoperating Revenues (Expenses)
Net Loss
FY 2003
$ 3,959,254
793,494
157,364
667,351
126,048
210,710
113,766
6,027,987
1,411,916
3,305,902
1,247,222
5,965,040
62,947
99,215
321
97,832
(27,248)
(495,926)
(325,806)
$ (262,860)
FY 2002
$ 4,316,259
439,261
126,845
471,582
86,314
142,813
91,128
5,674,202
1,441,428
4,172,766
901,504.
6,515,698
(841,496)
126,278
91
834,870
(506,384)
454,855
$ (386,641)
Note: Prior year financial statements have been restated to conform to current year presentation.
CITY OF ROANOKE, VIRGINIA
CiViC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2003
Operating Revenues
Rentals
Event Expenses
Display Advertising
Admissions Tax
Electrical Fees
Novelty Fees
Facility Surcharge
Charge Card Fees
Commissions
Catering/Concessions
Other
Total Operating Revenues
Operating Expenses
Persona[ Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenues (Expenses)
Interest on Investments
Transfer from General Fund
Transfer from Capital Projects Fund
Transfer to Debt Service Fund
Transfer to Department of Technology Fund
Loss on Disposal of Fixed Assets
Miscellaneous
Net Nonoperating Revenues
Net Loss
FY 2003
$ 156,390
77,586
6,000
112,938
6,710
46,277
45,760
3,964
52,352
488,439
8,716
1,005,132
1,271,528
1,394,546
405,158
3,071,232
(2,066,100).
18,533
726,843
(50,546)
(47,754)
(12,815)
8,436
642,697
$ (1,423,403)
FY 2002
$ 299,509
163,921
75,200
108,965
12,991
14,388
108,356
35,140
3,165
665,232
13,258
1,500,125
1,295,275
1,287,127
329,984
2,912,386
(1,412,261)
20,517
726,843
385,000
2,388
1,134,748
$ (277,513)
10
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE INCOME STATEMENT
FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2003
Operating Revenues
Century Station Parking Garage
Williamson Road Parking Garage
Market Square Parking Garage
Church Avenue Parking Garage
Tower Parking Garage
Gainsboro Parking Garage
Williamson Road Surface Lots
Norfolk Avenue Surface Lot
Gainsboro Surface Lot
Other Surface Lots
Total Operating Revenues
Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Transfer from General Fund
Transfer to General Fund
Interest and Fiscal Charges
Miscellaneous
Net Nonoperating Expenses
Net Income
FY 2003
$ 251,118
297,068
152,885
319,235
265,501
25,130
50,356
37,662
22,257
43,300
1,464,512
707,934
368,352
1,076,286
388,226
7,778
118,518
(391,874)
(265,578)
$ 122,647
FY 2002
$ 258,809
293,509
143,718
306,014
240,542
1,930
48,844
26,936
19,040
1,339,342
545,171
360,661
905,832
433,510
17,420
32,000
(104,918)
(313,039)
1,535
(367,002)
$ 66,508
11
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
INCOME STATEMENT
FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2003
Operating Revenues
Retail Space Rental
Total Operating Revenues
Operating Expenses
Operating Expense
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues
interest on Investments
Transfer From Capital Projects Fund
Capital Contributions
Net Nonoperating Revenues
Net Income
FY 2003
$ 47,652
47,652
14,275
1,224
15,499
32,153
585
295,000
289,220
584,805
$ 616,958
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER COMMISSION
COMPARATIVE INCOME STATEMENT
FOR THE EIGHT MONTHS ENDED FEBRUARY 28, 2003
Operating Expenses
Salaries and Fringe Benefits
Fees for Professional Services
Administrative Expenses
Total Operating Expenses
Nonoperating Revenues (Expenses)
Contributions from City of Roanoke
Contributions from Virginia Tech
Construction Repairs
Interest on Investments
Net Nonopereting Revenues
Net Income Before Depreciation
Depreciation Expense
Net Loss
FY 2003 FY 2002
$ 32,647 $ 30,829
46,845 47,528
2,576 36,451
82,068 114,808
93,750 131,250
93,750 131,250
(57,429)
45,899 77,850
233,399 282,921
151,331 168,113
(340,824) (303,061)
$ (189,493) $ (134,948)
Note: Financial information represents activity of the Commission as accounted for in the City's
financial records.
13
CITY OF ROANOKE, VIRGINIA
INTERNAL SERVICE FUNDS
COMPARATIVE INCOME STATEMENT
FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2003
Operating Revenues
Department
of Fleet Risk TOTALS
Technology Management Management FY 2003 FY 2002
$ 2,746,414 $ 3,123,603 $ 7,026,092 $ 12,895,109 $ 11,643~221
2,746,414 3,123,603 7,025,092 12,895,106 11,643,221
Charges for Services
Total Operating Revenues
Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenues (Expenses)
1,469,806 850,467 100,069 2,420,342 2,456,525
903,595 1,186,923 7,901,554 9,992,072 8,538,302
478,618 1,369,134 1,847,752 1,656,707
2,852,019 3,406,524 8,001,623 14,260,166 12,651,534
(105,605) (282,921} (976,531) (1,365,057) (1,008,313)
Interest Revenue
Interest Expense
Transfers From General Fund
Transfer From Water Fund
Transfer From Water Pollution Control Fund
Transfer From Civic Center Fund
Transfer to Capital Projects Fund
Transfer to Grant Fund
Less on Disoposal of Fixed Assets
Other Revenue
Net Nonoperating Revenues
Net Income (Loss)
59,630 14,192 130,468 204,290 337,031
(5,778) (51,770) (57,548) (44,885)
629,229 817,338 250,000 1,696,567 3,375,886
41,146 41,146
27,248 27,248
47,754 47,754
(41,940) (41,940)
(1,604}
(1,504)
(41,350)
(44,034)
10,184
799,229 736,316 380,468 1,916,013 3,562,832
$ 663,624 $ 453,395 $ (596,063) $ 550,656 $ 2,584,519
Note: Prior year financial statements have been restated to conform to current year presentation
14
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED FEBRUARY 28, 2003
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR
THE FUNDS OF SAID CITY FOR THE MONTH ENDED FEBRUARY 28, 2003.
BALANCE AT BALANCE AT
FUND JAN 31, 2003 RECEIPTS DISBURSEMENTS FEB 28, 2003
BALANCE AT
FEB 28, 2002
GENERAL ($13,833,534.91) $13,308,864.08 $16,802,158.79 ($17,326,829.62) ($17,509,993~38)!
WATER 3,863,174.36 600,89538 755,169.51 3,708,900.23 12,286,86231
WATER POLLUTION CONTROL 8,443,439.68 1,591,614.73 1,773,936.38 8,261,118.03 7,088,521,11
CIVIC FACILITIES 1,565,273.47 16,247.23 518,896.46 1,062,624.24 3,183,173 08,
PARKING 229,911.80 240,580.76 124,527.87 345,964.69 2,297,394.61I
CAPITAL PROJECTS 56,976,832.57 99,350.75 873,429.88 56,202,753.44 68,359,633,16I
MARKET BUILDING OPERATIONS 316,468.58 35,244.07 11,200.83 340,511.82 0.00 I
CONFERENCE CENTER 3,816,221.90 63,091.10 7,523.79 3,871,789.21 4,228,662.44
RKE VALLEY DETENTION COMM 0.00 0.00 0.00 0.00 2,326,340.99
DEBT SERVICE 10,870,729,59 3,652,606,55 0.00 14,523,336.14 14,185~189~89 '
DEPT OF TECHNOLOGY 5,479,335.48 182,411.86 307,62659 5,354,120.75 5,928,53716
MATERIALS CONTROL 0.00 0.00 0.00 0.00 270,857.02
FLEET MANAGEMENT 1,679,448.66 125,737.00 520,625.71 1,284,559.95 1,172,531.04
PAYROLL (11,660,898.93) 14,619,684.66 14,820,253.54 (11,861,467.81) (11,434,632.64)1
RISK MANAGEMENT 11,176,009.55 1,267,516.65 868,997.00 11,574,529.20 11,667,508.64I
PENSION 613,872.97 1,377,531.01 1,443,265.45 548,138.53 783,161.55I
SCHOOL FUND 9,106,830.86 6,991,346.72 6,329,230.52 9,768,947.06 6 124,937.651
SCHOOL CAPITAL PROJECTS 8,730,085.29 704,226.45 73,249.94 9,361,061.80 6',746,458.32 I
SCHOOL FOOD SERVICE 415,130.82 116,68816 360,143.79 171,675.19 (86,975.75)
FDETC 74,613,60 100,588,45 86,683.09 88,518.96 28,85224
GRANT 1,320,066,20 525,654,33 337,08843 1,508,632.10 702,98644
TOTAL $99,183,011.54 $45,619,879.94 $46,014,007 57 $98,788,883.91 $118,350,005.88
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE,
VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED FEBRUARY 28, 2003.
THAT SAID FOREGQING:
CASH:
CASH IN HAND $10,044.90
CASH IN BANK 1,864,551.26
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
COMMERCIAL HIGH PERFORMANCE MONEY MARKET 9,463,381.50
LOCAL GOVERNMENT INVESTMENT POOL 19,234,415.03
MONEY MANAGEMENT ACCOUNT 10,352,282.61
REPURCHASE AGREEMENTS 5,000,000.00
U. S. AGENCIES 10,400,000.00
VIRGINIA AIM PROGRAM (U S. SECURITIES) 42,464,208.61
TOTAL $98,788,883.91
DATE: MARCH 18, 2003
DAVID C. ANDERSON, TREASURER
15
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE EIGHT MONTHS ENDED FEBRUARY 28, 2003
Additions:
Employer Contributions
investment Income
Net Appreciation (Depreciation)in Fair Value of Investments
Interest and Dividend Income
Total investment Income (Loss)
Less Investment Expense
Net Investment Income (Loss)
Total Additions (Deductions)
FY 2003
$ 2,672,612
(24,577,349)
1,653,443
(22,923,906)
151,459
(23,075,365)
$ (20,402,753)
FY 2002
$ 2,592,219
(12,111,429)
2,326,814
(9,784,615)
34,477
(9,819,092)
$ (7,226,873)
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
Net Increase (Decrease)
Net Assets Held in Trust for Pension Benefits:
Fund Balance, July 1
Fund Balance, February 28
$ 11,025,445
285,744
11,311,189
(31,713,942)
289,534,315
$257,820,373
$ 9,817,623
285,163
10,102,786
(17,329,669)
326,337,980
$309,008,321
16
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
FEBUARY 28, 2003
Assets
Cash
Investments, at Fair Vatue
Due from Other Funds
Other Assets
Total Assets
FY 2003
$ 547,398
258,679,803
1,590
5,785
$ 259,234,576
FY 2002
$ 782,215
309,470,837
2,073
5,434
$ 310,260,559
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Accounts Payable
Total Liabilities
$ 1,414,203
1,414,203
$ 1,246,020
6,218
1,252,238
326,337,980
(17,329,659)
309,008,321
$ 310,260,589
Fund Balance:
Fund Balance, July 1
Net Gain (Loss) - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
289,534,315
(31,713,942)
257,820,373
$ 259,234,576
17
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
April 10, 2003
File ¢~439
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 Resolution No. 36280-040703 approving and adopting a Debt Policy
for the City of Roanoke.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, April 7, 2003
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03~,pdl 7, 2003 correspondence.wpd
IN THECOUNCIL OF THECITYOF ROANOKE, V1RGINLA,
The 7th day of April, 2003.
No. 36280-040703.
A RESOLUTION approving and adopting a Debt Policy for the City of Roanoke.
WHEREAS, the Government Finance Officers Association and other organizations recommended
that local governments develop and adopt debt policies as part of their financial management systems and
this Council did so on September 7, 1999, by Resolution No. 34475-090799; and
WHEREAS, the Director of Finance has developed a proposed new Debt Policy for the City and
transmitted to the Council for its consideration by a report dated April 7, 2003; and
WHEREAS, the Council believes that the proposed Debt Policy will establish suitable parameters
for the issuance of debt by the City and for the management of the City's debt portfolio.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Debt Policy
which has been transmitted to Council by a letter of the Director of Finance dated April 7, 2003, be and it
is hereby approved and adopted as the Debt Policy of the City of Roanoke.
ATI]SST:
City Clerk.
JESSE A. HALL
Director of Finlnce
emai]: jesse_hall~i.roanoke.va,us
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Rgom 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
cmail: ann_shaw~er~ci.roanoke.va.us
April 7, 2003
The Honorable Ralph K. Smith, Mayor
The Honorable C. Nelson Harris, Vice-Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable William H. Carder, Council Member
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Debt Policy
A debt policy is one component of sound financial management of a local government. The
importance of a debt policy is recognized by bond rating agencies, and development of a debt
policy is a recommended practice by the Government Finance Officers Association. A debt
policy establishes the parameters for issuing debt and managing the debt portfolio. It provides
guidance regarding purposes for which debt may be issued, types and amounts of permissible
debt and method of sale that may be used. City Council originally adopted the City's debt policy
in September 1999.
At the annual Financial Planning Session, a commitment was made to review the City's Debt
Policy and to bring forth any recommended changes to the policy. After coordination with our
financial advisor and analysts at the municipal bond rating agencies, we have made several
enhancements and revisions to our debt policy. The major changes are outlined as follows:
We have added guidance concerning investment policy for proceeds from bond issuance.
Such guidance is similar to that typically recommended for municipal investment.
We have removed the self-imposed target of net debt per capita of $2,000. We found that
few comparative cities within the First Cities coalition utilized this target. We have
added the self-imposed target of principal redemption within a ten year period equal to
50% or more of aggregate outstanding principal.
The Honorable Mayor and Members of Council
April 7, 2003
Page 2
We have added language to clarify occasions when the City may issue debt through a
method other than competitive sale. We have also added guidance concerning the
savings which should be targeted in order to justify an advance refunding of debt.
We believe these changes and enhancements are important in allowing the City to continue to
demonstrate a commitment to long-term financial planning. The debt policy will continue to be
used in conjunction with the Capital Improvement Programs for both the City and School Board.
Adherence to this policy will help assure protection of the City's double-A bond rating credit
quality into the future.
We recommend City Council adopt the accompanying resolution amending the City's Debt
Policy in accordance with the attached policy.
Respectfully submitted,
Jesse A. Hall
Director of Finance
Attachment
C~
Darlene L. Burcham, City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Barry L. Key, Director of Management & Budget
City of Roanoke, Virginia
Debt Policy
Introduction
One of the keys to sound financial management is the development of a debt policy. This need is
recognized by bond rating agencies, and development of a debt policy is a recommended practice by
the Government Finance Officers Association. A debt policy establishes the parameters for issuing
debt and managing the debt portfolio. It provides guidance to the administration regarding purposes
for which debt may be issued, types and amounts of permissible debt and method of sale that maybe
used. The following debt policy is intended to demonstrate a commitment to long-term financial
planning. It will be used in conjunction with the Capital Improvement Programs for both the City
and School Board. Adherence to this policy will help assure protection of the City's double-A bond
rating credit quality.
Guidelines for Debt Issuance
The City will prepare and update annually a five-year Capital Improvement Program (C1P) to
be approved by City Council. The CIP will be developed with an analysis of the City's
infrastructure and other capital needs, and the financial impact of the debt service required to
meet the recommended financing plan.
As part of the annual Capital Improvement Program, the Schools shall furnish the City a
schedule of funding needs for any school projects for which the issuance of long-term debt is
planned.
Each project proposed for financing through debt issuance will have an analysis performed
for review of tax impact and future operating costs associated with the project and related
debt issuance costs.
The City's preferred method of sale of bonds is via competitive sale to underwriters. If
deemed most advantageous, the City may sell bonds via a negotiated sale, private placement,
or other method. Coordination will be made with the City's financial advisor in aniving at a
recommendation to issue bonds through other than competitive sale.
All proceeds from debt issuance for the City of Roanoke and the City of Roanoke School
Board shall be appropriated by City Council.
Page 1
Page 2
All proceeds from the issuance of debt shall be invested through consultation of the Director
of Finance with the City Treasurer. Such proceeds shall only be invested in investments
permitted by Federal, State and Local law as it relates to public funds with the following
objectives:
Safety- Investments shall be undertaken in a manner that seeks to ensure the
preservation of capital in the portfolio. Specifically, the City will:
a. Seek to avoid any loss on the sale or disposal of an investment; and
b. Seek to mitigate the risk of unrealized losses due to a decline in value
of investments.
Liquidity- The investment portfolio shall remain sufficiently liquid to meet
all cash requirements that may be reasonably anticipated. This shall be
accomplished by structuring the portfolio in the following manner:
a. Investments will be scheduled to mature in accordance with
anticipated cash needs, in order to minimize the need to sell
investments prior to maturity;
b. A portion of funds will be maintained in cash equivalents which may
be easily liquidated without a loss of principal should an unexpected
need for cash arise.
Yield The investment portfolio shall be designed with the objective of
maximizing a fair rate of return consistent with the investment risk
constraints and cash flow characteristics of the portfolio. Consideration shall
be made with regard to the arbitrage yield and the City's goal of maximizing
allowable investment earnings.
Proceeds from the issuance of debt shall be monitored by the investment custodian with
regard to arbitrage. Compliance with all applicable federal tax requirements shall be made.
The City will coordinate with its investment managers with regard to expected project funds
payout so as to maximize investment earnings in light of federal arbitrage requirements.
Long-term debt will be issued to purchase or construct capital improvements or equipment
with a minimum expected life of five years. The City will not use long-term borrowing to
finance annual operating needs. The term of any bond issue will not exceed the useful life of
the capital project/facility or equipment for which the borrowing is intended.
The City will attempt to avoid short-term debt to provide cash flow for annual operations.
Debt issued for operating purposes will be limited to cases where there is reasonable
certainty that a known source of revenue will be received in the current fiscal year sufficient
to repay the debt or where there is a clear financial emergency.
The City will comply with all applicable U.S. Internal Revenue Service and U.S. Treasury
arbitrage requirements for bonded indebtedness in order to preserve the tax-exempt status of
such bonds.
Bond issues should be planned to minimize the frequency of issuance, thereby ensuring the
lowest possible costs of issuance. When determining the size of a bond issue, consideration
should be given to the need for construction, debt service and capitalized interest funds.
Construction fund draw schedules shall be prepared, and projection of conservative earnings
on unspent bond funds should be made in conjunction with planning of the City's Capital
Improvement Program.
The decision to use bond proceeds to pay interest during construction for revenue-producing
projects shall be made on a case by case basis and shall be based on an evaluation of the
opportunity cost of funds and the availability of other sources of funds to pay interest costs.
General obligation bonds will be amortized on a level principal basis to the extent practical,
and revenue bonds will be amortized on a level debt service basis to the extent practical
considering the forecasted available pledged revenues. Principal payments on all
indebtedness should begin within eighteen months of the issuance unless forecasted pledged
revenues necessitate additional delay.
The City shall not endorse the obligations of any entity other than the City of Roanoke or
Roanoke School Board. However, the City may enter into contracts with other regional or
local public entities with respect to public purpose projects, which provide for certain
payments when project or entity revenues prove insufficient to cover debt service on
obligations issued to finance such project(s). The City will enter into these type agreements
only when there is a long-term public and financial interest in the regional or local project.
These obligations could be structured as Moral Obligation Bonds, or with an underlying
support agreement or other contractual arrangement. These obligations do not affect the
legal debt limit of the City and any payments are subject to annual appropriation. However,
if such payments were made, the obligations would be considered tax-supported debt.
Limitations on Level of Debt to be Issued and Outstanding
Constitutional and Statutory Limitations:
Article VII, Section 10 of the Constitution of Virginia, the Public Finance Act and the City
Charter establishes the City's Legal Debt Margin at 10% of the assessed value of real estate
within the City shown by the last preceding assessment for taxes.
The Public Finance Act and the City Charter also establish other limits as to the amounts and
types of debt the City may issue.
Page 3
Self-Imposed Debt Targets:
Net tax-supported debt as a percentage of the assessed value of real estate in the City will not
exceed 5%.
Tax-supported general obligation debt service shall not exceed 10% of General Fund
expenditures.
Tax-supported debt will be structured in a manner such that not less than 50% of the
aggregate outstanding tax-supported debt will be retired within ten years.
Types of Debt Issuance
· The City may issue general obligation debt for capital or other properly approved projects.
The School Board may use the Virginia Public School Authority (VPSA), Qualified Zone
Academy Bonds (QZAB), or State Literary Fund loans to finance school capital projects.
Such debt issued on behalf of the School Board constitutes general obligation debt of the
City. The City Manager and the Director of Finance shall approve any application to the
Commonwealth of Virginia for such debt. City Council shall approve the issuance of the
bonds as required by the Public Finance Act. The School Board shall approve such
financings before requesting City Council approval.
The City may issue revenue bonds to fund proprietary activities such as water and water
pollution control utilities, or for other capital projects that generate adequate revenues from
user fees to support operations and debt service. The bonds will include written legal
covenants which require that revenue sources are adequate to fund annual operating expenses
and annual debt service requirements.
Capital leases may be used to purchase buildings, equipment, furniture and fixtures. The term
of any capital lease shall not exceed the useful life of the asset leased. Revenue bonds may
be issued by the City or other entity that are secured by a City capital lease(s).
The City may issue bond anticipation notes (BANS) in expectation of general obligation
bonds or revenue bonds when cash flow is required in order for the capital project to be
initiated or continued, or when market conditions do not appear favorable on a given date.
BANS will not be issued to mature more than two years from their date of issuance.
Page 4
Advance Refunding of Debt
The City shall issue refunding bonds to realize net present value savings, eliminate onerous
covenants or provisions in outstanding bond documents, or in the event of financial
emergencies or hardships.
Interest rates on outstanding debt shall be continuously monitored in relation to current
market conditions to determine if an advance refunding of an outstanding bond issue will
achieve interest cost savings to justify the refunding.
When contemplating an advance refunding, the City's goal will be to obtain net present value
sawngs, net of issuance costs, of at least three percent of the principal amount of the
refunded bonds. When circumstances justify lesser savings, it is understood that this goal
may not be achieved.
Unless the purpose of the refunding is to restructure debt service, refunding bonds shall be
structured such that savings are realized to the extent possible throughout the remaining life
of the bonds rather than in the early years of the bonds.
The City shall consult with its financial advisor prior to issuing any indebtedness to refund
any outstanding bonds.
Investor Relations, Disclosure and Communication
The debt ratios outlined above will be computed annually and reported in the Comprehensive
Annual Financial Report, along with a computation of net tax-supported debt per capita.
The City will maintain communication with bond rating agencies to keep them abreast of its
financial condition by providing them the City's Comprehensive Annual Financial Report,
Annual Budget, and Capital Improvement Program.
The City will comply with all of its undertakings in accordance with Securities and Exchange
Commission Rule 15c2-12 and the City will follow the Government Finance Officers
Association and Securities and Exchange Commission requirements for continuing
disclosure.
Debt Service Fund Balance
The fund balance of the Debt Service Fund shall be reserved for the future payment of annual
principal and interest payments, which includes general obligation bonds of the City,
including school debt. General obligation bonds specifically issued for Proprietary Fund
purposes shall be excluded. The target level of the Debt Service Fund balance shall be an
amount equal to the current year general obligation debt service.
Page 5
Definitions
Advance refunding - A refinancing transaction in which new (refunding) bonds are issued to
repay (refund) outstanding bonds prior to the first call date. The proceeds of the refunding
bonds are deposited in an escrow account, invested in government securities, and used to pay
debt service (interest, principal and premium, if any) on the refunded bonds through the
applicable call date. For accounting purposes, refunded obligations are not considered a part
of an issuer's debt.
· Appropriation-supported debt - Obligations that are not considered general obligations of the
City for which the debt service is subject to annual appropriation (e.g. capital leases, etc.).
· Bond anticipation notes or BANS - Notes issued by the City for capital projects, which are
paid from the issuance of long-term bonds.
General obligation bond - Bonds issued pursuant to Article VII, Section 10 of the
Constitution of Virginia and the Public Finance Act secured by the full faith, credit and
taxing power of the City.
Capital lease - A lease obligation that has met the criteria to be categorized as a capital lease
as opposed to an operating lease under generally accepted accounting principles. Capital
leases are common in certain types of financing transactions involving the use of revenue
bonds as opposed to general obligation bonds.
Capitalized interest - A portion of the proceeds of a bond issue which is set aside to pay
interest on the bonds for a specific period of time. Interest is typically capitalized for bonds
issued to finance a revenue-producing project to pay debt service until the project is
completed and begins generating revenues.
· Debt - Any obligations of the City for the payment of money issued pursuant to the Public
Finance Act of Virginia.
Debt service reserve fund - A fund established at issuance into which monies are deposited
which may be used to pay debt service if pledged revenues are insufficient to satisfy the debt
service requirements. The debt service reserve fund is typically funded at closing with bond
proceeds but may be fimded over time depending on the structure. Such a fund is an integral
component of a moral obligation bond issue.
Defeasance - Termination of the rights and interests of the bondholders and their lien on the
pledged revenues in accordance with the terms of the bond contract for a bond issue.
Defeasance usually occurs in connection with the refunding of outstanding bonds after
provision has been made for future payment through funds provided by the issuance of the
new refunding bonds.
Page 6
Double-barreled bond - A bond secured by both a defined soume of revenue (other then
property taxes) plus the full faith and credit of the City.
Legal debt margin - The amount of general obligation bonds and certain other interest
beating obligations (other than revenue bonds) that the City may have outstanding expressed
as a percentage of the assessed value of real estate in the City as shown on the last preceding
assessment for taxes.
Moral obligation bond - A bond which is secured by the revenues from the financed project
and, additionally, by a non-bonding agreement that any deficiency in pledged revenues will
be reported to the issuer's legislative body (City Council) which may appropriate moneys to
make up the shortfall. Typically the mechanics involve a debt service reserve fund which is
drawn upon to make up for any deficiency in pledged revenues. The legislative body is then
requested to replenish the reserve fired but is not obligated to do so. These bonds are
considered tax-supported debt and impact debt capacity to the extent that pledged revenues
are ever insufficient to support debt service.
Refunding - A transaction in which the City refinances an outstanding issue by issuing new
(refunding) bonds and using the proceeds to immediately retire the old (refunded) bonds.
Revenue bond - A bond that is payable from a specific soume of revenue and to which the
full faith and credit of the City's taxing power is not pledged. Revenue bonds are payable
from identified sources of revenue, including general fund revenues on occasion, for certain
types of appropriation-supported bonds.
Tax-supported debt - Debt that is expected to be repaid from the general fund tax revenues of
the City. This includes general obligation bonds, appropriation-supported bonds, capital
leases and in certain circumstances moral obligation bonds. For the propose of this Debt
Policy, net tax-supported debt includes general obligation debt for the City and School
Board, certain bonded capital leases, and any moral obligation bonds for which the City has
deposited funds to a debt service reserve fund as requested to replenish such reserve fired.
Net tax-supported debt does not include debt payable by the City's proprietary funds,
including self-supporting double-barreled general obligation bonds, and the amount available
in the City's debt service fund.
True interest cost - This is a method of computing the City's cost of borrowing through the
bond market. It is defined as the rate, compounded semi-annually, necessary to discount the
amounts payable on the respective principal and interest payment dates to the purchase price
received for the new issue.
Page 7
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
April 10, 2003
File #77-107
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
April 7, 2003, Council Member Dowe requested that the City Manager investigate the
feasibility of improved signage for motorists exiting 1-581 at the Colonial Avenue exit.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
H:~Agenda.03~Apdl 7, 2003 correspondence.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
T¢lephon~: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lcrk~ci.r oanok¢.va.us
April 10, 2003
File #15-110-230
STEPHANIE M. MOON
Deputy City Clcrk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Kristi Pedelty
2929 Carolina Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Pedelty:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
April 7, 2003, you were appointed as a member of the Roanoke Arts Commission, to fill the
unexpired term of Will Trinkle, resigned, ending June 30, 2004.
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~April 7, 2003 Oath.wpd
Ms. Kristi Pedelty
April 10, 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 Roanoke Arts
Commission.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Mark C. McConnel, Chair, Roanoke Arts Commission, 546 Camilla Avenue, S. E.,
Roanoke, Virginia 24014
Judith M. St. Clair, Secretary, Roanoke Arts Commission
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03V~odl 7, 2003 Oath,wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the seventh day of April, 2003, KRISTI PEDELTY was appointed as a member
of the Roanoke Arts Commission, to fill the unexpired term of Will Trinkle, resigned, ending
June 30, 2004.
Given under my hand and the Seal of the City of Roanoke this tenth day of
April, 2003.
City Clerk
N:\CKMHl~Agenda.03V~pdl 7, 2003 Oath.wpd