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HomeMy WebLinkAboutCouncil Actions 05-05-03 DOWE 36293-050503 ROANOKE CITY COUNCIL REGULAR SESSION MAYS, 2003 9:00 A.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. (Council Members Dowe, Carder and Wyatt were absent.) 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 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 the City Manager 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 counsel, being the terms and conditions of a contract in negotiation, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. File #110-132 Approved (6-0) 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 MA Y 5, 2003 9:00 A.M. ROOM 159 AGENDA (Council Member Carder was absent.) 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) Briefings by City staff: Grandin Road and Memorial Bridge Traffic Calming Plan - (30 minutes) · Branding Update - (20 minutes) · Library (Request for Proposals) (10 minutes) · Fair Housing (10 minutes) AT 11:40 A.M.,THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE IMMEDIATELY RECONVENED IN CLOSED SESSION IN THE COUNCIL'S CONFERENCE ROOM. ROANOKE CITY COUNCIL REGULAR SESSION MA Y 5, 2003 2:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. (All present) The Invocation was delivered by The Reverend Cynthia Long Lasher, Pastor, Glade Creek Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. The Mayor welcomed guests from Jalal-Abad, Kyrgystan, located in the heart of central Asia, who are participating in internships through Legacy International, which provides a nationwide training opportunity for citizen exchange for business managers and entrepreneurs and other diverse sectors from 11 countries of the former Soviet Union. File #80 4 NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, May 8, 2003, at 7:00 p.m., and Saturday, May 10, 2003, at 4:00 p.m. Council meetings are now being offered with closed captioning for the heating impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV. COM, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV. COM, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGMENTS: A resolution paying tribute to the Honorable William H. Carder and expressing to him the appreciation of this city and its people for his exemplary public service. Adopted Resolution No. 36293-050503. abstained from voting.) File #80-132 (6-0, Council Member Carder Faith Christian School. Vice-Mayor C. Nelson Harris. File #3-215 Proclamation declaring May 4 - 10, 2003, as National Drinking Water Week. File #3-468 Proclamation declaring May 5 - 12, 2003, as National Historic Preservation Week. File #3-216 e 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. 6 C- 1 Minutes of the regular meetings of Council held on Monday, March 17, 2003, and Monday, April 7, 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 hearing for Monday, May 19, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to an option or sale of City- owned property described as Tract F in the Roanoke Centre for Industry and Technology. RECOMMENDED ACTION: Concur in the request. File #2-166-450 REGULAR AGENDA Gloria P. Manns was reappointed and Kathy G. Stockburger and David B. Trinkle were appointed as Trustees of the Roanoke City School Board for terms of office commencing July 1, 2003 and ending June 30, 2006. File #110-467 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: ao A communication from the Honorable William H. Carder tendering his resignation as a Member of Roanoke City Council, effective May 16, 2003. The communication was received and filed and the resignation was accepted with regret. File #132 7 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: A communication recommending donation of 21 Apple computers to the City of Roanoke Public Schools for use at Westside Elementary School. Adopted Resolution No. 36294-050503. (7-0) File #262-467-472 o A communication recommending appropriation of funds in connection with completion of the Wireless Phase II, E-911 Service. Adopted Budget Ordinance No. 36295-050503. (7-0) File #60-188-383 A communication recommending authorization to file an application for Industrial Access Program Funds in connection with Blue Hills Drive Extension. Adopted Resolution No. 36296-050503. (7-0) File #2-53-166-514 A communication recommending revisions to the City Code in connection with downtown residential parking. Adopted Ordinance No. 36297-050503. (7-0) File #24-277-556 8 A communication recommending acceptance of a Federal TANF Grant forj ob retention and wage advancement, and appropriation of funds. Adopted Budget Ordinance No. 36298-050503 and Resolution No. 36299-050503. (7-0) File #60-72-236 A communication with regard to a new Event Zone Organization. Adopted Budget Ordinance No. 36300-050503 and Ordinance No. 36301-050503. (7-0) File #60-67-87 b. DIRECTOR OF F1NANCE: 1. Financial report for the month of March 2003. Received and filed. File #1-10 A report recommending revisions to the City Code to provide authority to the Director of Finance to waive penalty and interest for invoices and parking tickets. Adopted Ordinance No. 36302-050503. (7-0) File #1-24-79-289 o A report recommending revisions to the City Code in connection with improvements to the parking ticket and decal ticket process. Adopted Ordinance Nos. 36303-050503 and 36304-050503. (7-0) File #5-24-111-289 A report recommending revisions to the City Code in connection with assessment of administrative costs. Adopted Ordinance No. 36305-050503. (7-0) File #24-79-289 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Cotmcil. Council Member Wyatt inquired as to the status of a previous inquiry regarding City services that have been privatized. She also requested a briefing by the school system with regard to the procedure for issuing tickets for City high school graduation ceremonies to be held in June in the Auditorium at the Roanoke Civic Center. File #192-467 Vacancies on certain authorities, boards, commissions and committees appointed by Council. 10 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. Ms. Eleanor Kasey, 1520 Shamrock Street, N. W., and Mr. Donald Hussey, 1612 Shamrock Street, N. W., reiterated concerns which were presented to Council in September 2002 with regard to the placement and appearance of a house on Shamrock Road that was moved into the neighborhood without prior notice to residents, and the potential decrease in property values of surrounding homes. They advised that the following issues are of concern to residents of the area: The lawn has not been cut since the house was moved to the property in September 2002. A large hole was dug in the yard for placement of a septic tank which was left uncovered. The concrete foundation to the house has not been filled in. What can the City do to expedite completion of the house; what can the neighborhood do to keep the house from being an eye sore; are there regulations pertaining to the parking of heavy equipment in residential neighborhoods over long periods of time; and in view of contributions by the City of Roanoke to Festival in the Park and Grandin Theatre renovations, etc., what types of City funds are available for northwest Roanoke residents? How will residents be informed as to issues that affect their neighborhood in the future? File #24-27-60-66-165-178 11 Mr. Robert Gravely, 3360 Hershberger Road, N. W., expressed concern with regard to lack of accountability and responsibility, low wages for City workers/citizens, increases in City taxes, and equality for all citizens of Roanoke. File #66-79-184 12. CITY MANAGER COMMENTS: The City Manager responded to the remarks of Ms. Kasey and Mr. Hussey and advised that the Council received a communication earlier in the day in regard to the house on Shamrock Street, N. W. She stated that the City does not have mandatory sewer connection requirements unless the sewer line is located immediately adjacent to the property, and the sewer line for the house in question is approximately 200 feet from the residence. She explained that no septic systems should be permitted in the City of Roanoke and a measure will be submitted for the Council's consideration in the near future recommending mandatory sewer connection requirements, and the Council will be provided with information on .associated costs because some areas of the City will require a pump station ~n addition to actual extension of the sewer line. She advised that she would provide residents of the area with a copy of the communication and she would meet with Ms. Kasey to discuss her concerns. File #27 In regard to remarks regarding a hole that was dug in the yard for placement of a septic tank and left uncovered, Council Member Bestpitch requested a report on whether the City can require some type of cover or barricade to be erected to prevent accidents. The City Manager responded that the septic tank permit was issued by the Health Department, the Health Department is responsible for inspecting the septic system, and the City had no prior knowledge that a permit had been issued by the Health Department until the City was contacted by Ms. Kasey. She stated that the City will research the question of who has jurisdiction over any type of regulation of the site during the construction process and advise Council accordingly. File #22-27-169 12 The City Manager called attention to Local Colors which will be held in the City of Roanoke on Sunday, May 18, 2003, that provides an opportunity to celebrate the diversity that exists in the Roanoke Valley. She called attention to the numerous cultural/entertainment opportunities that are available for citizens of Roanoke and encouraged citizens to support and enjoy the events. File #317 At 3:55 p.m., the meeting was declared in recess for two closed sessions. CERTIFICATION OF CLOSED SESSION. (5-0, Council Member Carder was absent and Council Member Dowe was out of the Council Chamber.) The always following persons were appointed/reappointed to various City Council Appointed Committees: Advisory Board of Human Services File 072-110 Vickie L. Price to replace Glenn D. Radcliffe, resigned, as a ex-officio member. Fifth District Employment and Training Consortium File #110-246 Rolanda B. Russell to replace Glenn D. Radcliffe, resigned, as a City representative. Human Services Committee File #72-110 Vickie L. Price to fill the unexpired term of Glenn D. Radcliffe, resigned, ending June 30, 2003. Roanoke Interagency Council File #15-72-110 Vickie L. Price to replace Glenn D. Radcliffe, resigned. AT 4:05 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 8:30 A.M., ON WEDNESDAY, MAY 7, 2003, IN THE NOEL C. TAYLOR MUNICIPAL BUILDING, EMERGENCY OPERATIONS CENTER CONFERENCE ROOM, ROOM 159, FOR COMMENCEMENT OF THE FISCAL YEAR 2003-04 BUDGET STUDY SESSION. 13 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 May 5, 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. Sincerely, Mayor RKS:sm H 5Agenda.03/Closed Session on Vacanc)es wpd RALPIt K. SMITIt 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 May 5, 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. Mayor RKS:sm 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 May 5, 2003 The Honorable Mayor and Members Of City Council Roanoke, Virginia Subject: Request for Closed Meeting Dear Mayor Smith and Council Members: This is to request that Council convene a closed meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by counsel, being the terms and conditions of a contract in negotiation, pursuant to Section 2.2- 3711 .A.7, Code of Virginia (1950), as amended. DLB/Ic ec: William M. Hackworth, City Attorney Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance Respectfully submitted, City Manager 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 May 5, 2003 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Grandin Road and Memorial Bridge Traffic Calming Plan This is to request space on Council's regular agenda for a 30-minute presentation on the above referenced subject. R~spectfully subm)tted, City Manager DLB:sm c: City Attorney Director of Finance City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com May 5, 2003 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Branding This is to request space on Council's regular agenda for a 20-minute presentation on the above referenced subject. Respectfully submitted, Darlene L. Burch'a~n City Manager DLB:sm c: City Attorney Director of Finance City Clerk JJ~ 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 May 5, 2003 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Library RFP's This is to request space on Council's regular agenda for a 10-minute presentation on the above referenced subject. Respectfully submitted, Darlene L. Bu'rddam City Manager DLB:sm c: City Attorney Director of Finance City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com May 5, 2003 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Fair Housing This is to request space on Council's regular agenda for a 10-minute presentation on the above referenced subject. Respectfully submitted, Darlene L. B~am City Manager DLB:sm ¢: City Attorney Director of Finance City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2003. No. 36293-050503. A RESOLUTION paying tribute to the Honorable William H. Carder, and expressing to him the appreciation of this city and its people for his exemplary public service. WHEREAS, Mr. Carder was born in Jacksonville, Florida and educated at Escambia High School in Pensacola, Florida, and at the Florida Technological University (presently known as the University of Central Florida) in Orlando, Florida; WHEREAS, Mr. Carder has served as general manager of the Patrick Henry Hotel in Roanoke for the past eleven years; WHEREAS, Mr. Carder has been actively involved in the community, serving as secretary/treasurer of Cycle Roanoke Valley, a group that brought the Tour DuPont bike race to Roanoke; as past-chairman of Downtown Roanoke, Inc., on the board of directors for the Roanoke Regional Chamber of Commerce, as chairman of the Taste of the Blue Ridge Blues and Jazz Festival, and was named the Year 2000 State Outstanding Downtown Volunteer and presented the Year 2000 Roanoke Valley Convention and Visitors Bureau Patrick McMahan Tourism Ambassador Award; WHEREAS, having been elected to City Council in 2000, Mr. Carder served as vice mayor from July 2000 to June 2002; WHEREAS, Mr. Carder has worked effectively across party lines to identify solutions to problems and bring about positive changes for the City of Roanoke; WHEREAS, during his time on City Council, Mr. Carder served on the Audit Committee, Budget and Planning Committee, Legislative Committee, Personnel Committee, Roanoke Neighborhood Partnership Steering Committee Ad Hoc Study Committee, Roanoke Valley-Alleghany Regional Commission, Virginia's First Coalition of Cities, Virginia Municipal League Legislative Committee, Virginia Municipal League Policy Committee (Transportation), the War Memorial Committee, as Council's liaison to the Special Events Committee, on the board of directors of the Roanoke Valley Convention and Visitors Bureau, and as vice president of the board of directors for the Greater Roanoke Transit Company; and WHEREAS, upon his resignation as a member of Council, William H. Carder concludes three years of public service with the city of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable William H. Carder. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable William H. Carder. ATTEST: City Clerk. Office of the Mayor CITY OF ROANOKE WHEREAS, water follows a natural cycle from earth to air to earth again; and WHEREAS, water is a basic and essential need for every living creature; and WHEREAS, our health, comfort and standard of living depend upon an abundant supply of safe drinking water; and WHEREAS, the citizens of the City of Roanoke should have a safe and dependable supply of water, both now and in the future; and WHEREAS, every citizen should help protect source waters from pollution by practicing water conservation and getting invalved in local water issues; and WHEREAS, in recognition of National Drinking Water Week the City of Roanoke will offer numerous public activities to provide information on local filtration facilities and watersheds, water- wise landscaping and to bring public awareness of water conservation during the week of May 4 - 10, 2003. NOW, THEREFORE, 1, Ralph 82 Smith, Mayor of the City of Roanoke, Vi~'ginia, encourage all citizens to recognize and to appreciate the precious gift of fresh drinking water, and do hereby proclaim May 4 - 10, 2003, throughout this great All-America City, as NATIONAL DRINKING WA TER WEEK. Given under our hands and the Seal of the City of Roanoke this fiflh day of May in the year two thousand and three. .ti TTEST: Mary F. Parker City Clerk Mayor Office of the Mayor CITY OF ROANOKE WHEREAS, }FHERF~IS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and aH ethnic backgrounds,, and WHEREAS, WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated t%dividuals in helping to preserve the tangible aspects of the heritage that shape us as residents of the City of Roanoke and the Commonwealth of Virginia,. and '~ities, Suburbs, and Countryside" is the theme of National isloric Preservation Week 2003, co-sponsored by the Virginia Department of Historic Resources, the Roanoke Valley Preservation Foundation and the National Trust for Historic Preservation. NOW, THEREFORE, 1, Ralph K. Smith, Mayor of the City of Roanoke, Virginia, encourage the citizens of the City of Roanoke to join with citizens across the Commonwealth of Virginia in recognizing and participating in this special observance, and do herebyproclaim May 5 - 12, 2003, throughout this great AlbAmerica City, as NATIONAL HISTORIC PRESER VA TION WEEK. Given under our hands and the Seal of the City of Roanoke this fifih day of May in the year two thousand and three. ATTESZ. ~~ Mary 1~ Parker City Clerk Ralph K. Smith Mayor C-1 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL March 17, 2003 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, March 17, 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 Vice-Mayor C. Nelson Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Re.qular Meetin~js, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William D. Bestpitch, William H. Carder, M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt (arrived late), and Mayor Ralph K. Smith (arrived late) ....................................................... 7. ABSENT:None ....................................... OFFICERS PRESENT: Darlene L. Burcham, City Manager (arrived late); 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 Carl T. Tinsley, Sr., Pastor, First Baptist Church, Buena Vista, Virginia. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Harris. PRESENTATIONS AND ACKNOWLEDGMENTS: PROCLAMATIONS: The Vice-Mayor presented a proclamation declaring March 16-22, 2003, as DeMolay Week. At this point, Mayor Smith and Council Member Wyatt entered the meeting. CONSENT AGENDA The Vice-Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called attention to four requests for Closed Sessions. MINUTES: Minutes of the Regional Leadership Summit held on Friday, January 17, 2003; and the regular meeting of Council held on Tuesday, January 21, 2003, were before the body. Mr. Carder moved that the minutes be approved as recorded and that the reading of the minutes be dispensed with. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith .......................................................................................... 7. NAYS: None ........................................................................................ -0. PURCHASE/SALE OF PROPERTY-CITY COUNCIL-CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Carder moved that Council concur in the request of the City Manager to convene in a Closed Meeting as above described. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ........................................................................................ 7. NAYS: None .................................................................................. -0. REAL ESTATE VALUATION-CITY EMPLOYEES: A communication from Willard N. Claytor tendering his resignation as Director of Real Estate Valuation, effective July 31, 2003, was before Council. Mr. Carder moved that Council accept the resignation and receive and file the communication. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith .................................................................................... -7. NAYS: None ........................................................................................ -0. OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES: A communication from Anita L. Lee tendering her resignation as a member of the Parks and Recreation Advisory Board, was before Council. Mr. Carder moved that the resignation be accepted and that the communication be received and filed. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ........................................................................................... 7. NAYS: None ........................................................................................ -0. CITY COUNCIL-CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Carder moved that Council concur in the request of the City Manager as above described. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith .......................................................................................... 7. NAYS: None ...................................................................................... -0. PURCHASE/SALE OF PROPERTY-CITY COUNCIL-CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Carder moved that Council concur in the request of the City Manager as above described. The motion was seconded by Mr. Dowe .and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ......................................................... ~ ............................... 7. NAYS: None ....................................................................................... -0. AIRPORT-OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES. HOUSING/AUTHORITY-CABLE TELEVISION-ROANOKE NEIGHBORHOOD PARTNERSHIP: The following reports of qualification were before Council: Raymond Debose, Jr., as a member of the Fair Housing Board, for a term ending March 31, 2006; James M. Turner, Jr., as a member of the Roanoke Regional Airport Commission, for a term ending March 9, 2007; Carl H. Kopitzke and Mary F. Monk as members of the Parks and Recreation Advisory Board, for terms ending March 31, 2006; Shirley M. Bethel as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 2005; Delvis O. McCadden as a member of the Roanoke Valley Regional Cable Television Committee, for a term ending June 30, 2005; and George F. Taylor as a member of the Board of Trustees, City of Roanoke Pension Plan, to fill the unexpired term of William E. Skeen, resigned, ending June 30, 2005. Mr. Carder moved that the reports of qualification be received and filed. The motion was seconded by Mr. Dowe and adopted by the following vote: 4 AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ....................................................................................... -7. NAYS: None ....................................................................................... -0. CITY COUNCIL-CITY PROPERTY: A communication from the City Attorney requesting that Council convene in a Closed Meeting to discuss disposition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Carder moved that Council concur in the request of the City Attorney as above described. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ................................................................................................ -7. NAYS: None ........................................................................................ -0. REGULAR AGENDA SCHOOLS: The Vice-Mayor advised that applications were received from the following persons prior to the March 10, 2003 deadline for three upcoming vacancies on the Roanoke City School Board: Dennis M. Binns Rhonda M. Chattin Chris H. Craft Robert R. Craig F. B. Webster Day Tiffany M. Johnson Gloria P. Manns Kathy G. Stockburger David B. Trinkle Without objection by Council, the Vice-Mayor advised that the applications would be received and filed, and Council, at its next regular meeting on Monday, April 7, 2003, will select those persons to be accorded the public interview on Thursday, April 24, 2003, beginning at 4:30 p.m. At this point, the Mayor took the Chair. PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: ANNUAL REPORTS-ECONOMIC DEVELOPMENT: Phillip F. Sparks, Executive Director, presented the Annual Report of the Roanoke Eco~nomic Development Partnership. (For full text, see Annual Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Annual Report would be received and filed. TRAFFIC-STATE HIGHWAYS-TRANSPORTATION SAFETY: Steven J. Chapin, Vice-President and Director of Transportation, Hayes, Seay, Mattern & Mattern, Inc., presented STAR Solutions 1-81 proposal. He advised that the STAR Solutions proposal is being evaluated by staff at the Virginia Department of Transportation (VDOT) as part of the Public-Private Transportation Act review process, and it is anticipated that review will continue throughout the summer and VDOT will make a recommendation on how to proceed to the Commonwealth Transportation Board this fall. He noted that in a recent poll, 85 per cent of registered voters surveyed who live along the 1-81 corridor believe it is important that 1-81 be widened to four lanes in each direction; separating cars from trucks, paid for by a toll on trucks, enjoys a 75 per cent approval rating; recently, both the Roanoke Times and the Staunton News-Leader issued endorsements of the STAR Solutions proposal; and local support for the project is essential to its success. He further advised that it is believed that improvements to 1-81 need to be made as soon as possible, and STAR Solutions believes that it has a financially viable plan to make the improvements now. As background, it was explained that from January 1, 2000 to June 30, 2001, there were 825 accidents on Virginia's portion of 1-81; accidents involving cars and trucks resulted in nine deaths and 341 injuries; the STAR Solutions proposal addresses safety and congestion issues by separating cars and trucks; it is planned to begin with the most critical areas first by adding truck climbing lanes and improving interchanges and then start the widening and separation project in the Staunton to Lexington corridor and move outward incrementally. Truck traffic sometimes exceeds 40 per cent of the number of vehicles on the road, more than double what the road was designed to handle; while numerous studies have identified the need to widen and improve 1-81, the State does not have the means to complete the project in the near future, and based upon current State spending on 1-81, it could take 30-50 years to reach completion. The STAR Solutions team has a plan to reduce congestion and to improve road conditions by delivering the needed improvements sooner, and the entire project should be completed within 15 years; reducing congestion saves car and truck drivers time and money and reduces the diversions to local roads that now occur when there are accidents on 1-81; and as U. S. Department of Transportation studies have shown, decreased congestion means improved air quality. These improvements could also provide an economic stimulus for the entire 1-81 corridor; one recent study by the American Road and Transportation Builders Association estimates that 34,437 jobs are generated by every $1 billion spent on transportation projects; in several communities along the route, unemployment far exceeds the State and national average, so new jobs will be welcome; and spending in localities will also boost local and State tax revenues. Funded by an electronically collected toll on large trucks, the STAR Solutions plan anticipates rebuilding 1-81 in approximately 15 years with no tolls on other vehicles; a 20 year pavement warranty being offered by the team also reduces future maintenance costs, and the funding plan also frees up funds for other critical road projects. The continuing cuts to road projects across the State because of declining revenues further underscores the need for Virginia to proceed with building 1-81 using the STAR Solutions concept; not only does the plan deliver much needed safety and congestion benefits, it provides a new source of funding to reconstruct the road; and while the plan does include a small State funding component, it is worth noting that reductions announced by the Commissioner and the Secretary only amount to approximately three per cent reduction in interstate funds. The PPTA process ensures that there will be significant opportunities for public input; if the STAR Solutions proposal is approved, there will be even more opportunities for input in the project planning stage; a privately conducted poll found that 85 per cent of citizens in the 1-81 corridor believe it is important to widen 1-81 to four lanes, with 58 per cent citing safety as the main reason for widening, 71 per cent approve tolling large trucks to cover the costs; and the conceptual proposal highlights the fact that approximately 90 per cent of the right-of.way needed for improvements already exists, meaning that there will be very minimal displacement along the route. James Carroll, Executive Director, Sales, Transportation, Fluor, Virginia, Inc., presented the Fluor conceptual proposal for Interstate 81 corridor improvements. He advised that the Governor has challenged the private sector to "get creative" in finding ways to improve the Interstate 81 transportation corridor, adding that, "What I'm challenging the private sector to do is show me some creative ways 7 that, "What I'm challenging the private sector to do is show me some creative ways to finance it- not only build it, but finance it." He stated that Fluor Virginia, Inc., has responded to the Governor's summons and assembled a team of the foremost financial consultants and design-build firms in the United States to meet this challenge: to develop a project that solves safety problems, is affordable, and benefits all sectors of the 1-81 corridor; and the Fluor team has developed an approach that dramatically improves public safety at a reasohable cost. Details of the plan include adding a one car-only lane in each direction to improve safety and to increase road capacity; widening the road to the inside to reduce impacts to existing structures and the need for additional road work on exits; staying within existing right-of-way to reduce costs and environmental and scenic impacts; adding ten truck climbing lanes, constructing three mainline toll facilities, installing a wireless broad band spine communications system, providing an optional 20-year asset management/maintenance proposal, providing multi-modal opportunities including rail freight diversion, passenger, rail, intercity and interstate bus, aviation and alternatives for bicycles and pedestrians. The 325 mile corridor will be divided into three project areas; each project area will be designed and constructed by a separate design-build team, which approach allows simultaneous construction execution and provides an equal focus on each area to benefit all corridor communities equally and to complete construction activities as soon as possible; and the Fluor schedule calls for starting design in 2003 and completing construction in 2011. Fluor's plan of finance will enable VDOT to develop, design and construct the entire 325 miles of 1-81 improvements at a fixed price and deliver it on a date certain schedule, decades before conventional State/Federal financing would be available to do so; at $1.84 billion, Fluor's plan is $2 billion less than the more comprehensive $3.9 billion VDOT 1-81 plan; Fluor will construct the proposed improvements without using any public funds; Fluor has identified rail capacity enhancements to the 1-81 corridor of approximately $111 million; and Flour's preliminary budget for the work is based upon information provided by Norfolk Southern and the Mid-Atlantic Rail Operating Report. The Fluor team's concept provides real and tangible benefits to the 1-81 corridor communities and the Commonwealth of Virginia; Fluor has developed a concept that offers the greatest possible transportation and public safety benefit at the lowest environmental and financial costs; Fluor's approach provides a financial plan based on a new source of revenue with no additional financial burdens for the State, while at the same time, the approach provides the flexibility to make future system improvements that can be phased in as additional transportation funding becomes available. There being no questions and/or comments by Council Members, the Mayor advised that both presentations would be received and filed. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: WATER RESOURCES: The City Manager called upon Mike McEvoy, Director of Utilities, for a briefing on the status of wet weather improvements to the Water Pollution Control Plant. Mr. McEvoy advised that the purpose of the project is to adopt wet weather flows at the Water Pollution Control Plant during rain events; the Plant is permitted for 42 million gallons per day, and approximately 37 million gallons flow through the Plant on an average day, therefore, the Plant is close to capacity. He stated that problems occur during wet weather events with infiltration of rain water into the ground and then into the sewer lines, which is a common problem in all five jurisdictions served by the Plant, with flows on a peak hour basis sometimes exceeding 120 million gallons per day, thereby overwhelming the ability of the Plant to handle a large amount of flow in a short time frame. He referred to the State's Consent Order to begin construction in September, 2003, and it is proposed to construct the project in three contracts which will shorten the construction period by approximately six months. By dividing the project into three contracts, he explained that a larger pool of contractors will be available to choose from since there are a limited number of contractors on the East Coast that could bid and bond in the project's price range, and by breaking the project down into smaller projects, it is anticipated that more contractors will be attracted leading to better bid prices. He explained that the first contract includes a 30 month construction schedule to renovate the existing facility at the front of the Plant, the second contract involves installing two new clarifiers and certain handling improvements and floor protection elements, the third contract relates to building renovations involving approximately a 15 month construction schedule, and all contracts can be handled concurrently and managed at the same time. He explained that the original project design report recommended a project in the range of $74 million which is unaffordable at this time; therefore, a project in the neighborhood of $35 million was reviewed, however, it became apparent during the design phase that certain elements had to be constructed at this time to meet the goal of the project to handle wet weather conditions, and to address a number of piping improvements that will require structures to be constructed over them, which has caused the project scope to increase to approximately $48 million, including design, land acquisition, roadway improvements near the plant, construction, and a 15 per cent contingency. He noted that the original $74 million project anticipated a Plant that would handle 62 million gallons per day, with a peak hour capacity of 160 million gallons, and under the current design, 55 million gallons per day can be treated, with a peak hour capacity of about 160 million gallons. He stated that partner jurisdictions are close to finalizing a funding agreement, and the current contract allocating flow and monthly ~ charges requires that each time the Water Pollution Control Plant undergoes an upgrade in excess of $2 million, a separate addendum to the contract must be negotiated for cost sharing. He advised that final details of the funding agreement will be brought to Council within the next several weeks, which provides that each locality will pay its share of costs based on flow allocations in the Plant, and the City of Roanoke's share of the project is approximately $23.6 million, which is up from the original estimate of approximately $17.5 million. Mr. McEvoy advised that a rate increase will be required to handle debt service which is proposed through two budget cycles: a 20 per cent increase for fiscal year 2004 and a 15 per cent increase in fiscal year 2005. He stated that a loan has been acquired through the Virginia Resource Authority at a reasonable rate of 3.75 per cent; land acquisition near the Water Pollution Control Plant is continuing and title and appraisal work have been completed on several of the houses; and a construction manager has been selected through the request for proposals process which involved the other partner jurisdictions. He called attention to opportunities for minority contractors, and a series of breakfast meetings have been scheduled to bring representatives of large construction firms to the City of Roanoke to meet with local contractors prior to bidding the project. Mr. McEvoy called attention to a report of the City Manager scheduled later on the agenda to approve the hiring of a construction manager for the project, and advised that it is proposed to use a third party construction administrator, as opposed to an engineer, which will provide additional separation and the third party has no preference in regard to design itself, or any vested interest in design of the project. He explained that because of the amount of funds involved in the contract, there will be several months when $1 - 2 million per month will be expended in construction-related services; i.e.: two full time inspectors, plus one half time inspector and speciality electrical and contracting inspectors. In order to save money, he stated that it is proposed to hire secretarial support instead of using secretarial support provided by the contractor, which will decrease overhead costs, and it is also proposed to use one of the houses that will be purchased near the Water Pollution Control Plant for office space. ]0 Following questions by Council Members, the Mayor advised that without objection by Council, the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-WATER RESOURCES: The City Manager submitted a communication advising that in June 2002, Council authorized the design of Wet Weather Improvements at the Regional Water Pollution Control Plant, which design effort included an aggressive schedule for completion based upon terms negotiated with State regulatory agencies; and the schedule culminates in a September start date for construction activities at the facility. It was further advised that in an effort to ensure that the project fully meets all defined expectations and that constructed elements represent the best economic alternatives for the region, a second request for proposals for completion of Engineering Peer Review Services and Project Management Services for the construction phase was issued in October 2002; the City Manager would like to award a contract for the above described work to Construction Dynamics Group, Inc., a Maryland Corporation, with offices in Richmond, Virginia; the firm was selected from the 12 proposals that were submitted; said contract will be in an amount not to exceed $2,001,271.00, however, it will be necessary to provide funding and the City's portion of funding is $914,781.00. It was noted that significant provisions of the contract include liquidated damage provisions related to project management ($50,000.00 in damages if the Project Manager is replaced), as well as two significant cost saving alternatives; the first cost saving measure includes the temporary re-use of neighboring properties and structures currently being acquired as office space for the project; and the second cost saving measure is for the City to provide a full time project administrative secretary, which will result in a savings of approximately $100,000.00 over the anticipated three year project schedule. It was explained that Utility Staff and the Department of Finance have completed a State Revolving Loan Fund application to request reduced interest project funding from the State; the State has returned an initial approval of the loan request with a competitive interest rate; a future report will be submitted from staff for consideration by Council of the financing option; terms of the loan require that the closing date for the funds coincide with a construction start date, therefore, requiring that the locality bear the cost of engineering services at the beginning of the project; in order to proceed with the work as expeditiously as possible, cost of the contract will require an appropriation from the Water Pollution Control Fund Retained Earnings, and the Water Pollution Control Fund will then reimburse itself if and when the loan is initiated. The City Manager advised that the balance of funds will be provided from contributions by partnering jurisdictions according to a mu. tually agreed cost allocation formula, which is substantially similar to those as set forth in the Multi- Jurisdictional Contract of November '1994. The City Manager recommended that Council authorize one full-time Administrative Secretary position to assist with project administration to run concurrently with duration of the project; and advised that funding for the position for the upcoming year will be included as part of the fiscal year 2004 budgeting process. Mr. Dowe offered the following budget ordinance: (#36261-031703) AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Water Pollution Control Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 67, page 162~) Mr. Dowe moved the adoption of Ordinance No. 36261-031703. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith .......................................................................................... -7. NAYS:None ........................................................................................ ~. Mr. Dowe offered the following resolution: (#36262-031703) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its tax-exempt obligations for certain moneys to be appropriated by the City for the City's share of expenditures under a Contract for Engineering and Consulting Services with Construction Dynamics Group, Inc., in connection with wet weather improvements to the Regional Water Pollution Control Plant; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 67, page 163.) Mr. Dowe moved the adoption of Resolution No. 36262-031703. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ........................................................................................... 7. NAYS: None ........................................................................................ -0. REPORTS OF COMMITTEES: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts; and a report of the Director of Finance recommending that Council concur in the request, were before the body. $2,509.00 for the Child Specialty Services program to provide funds for the salary and expenses of the educational coordinator, said funds to be reimbursed 100 per cent by State funds. $254,869.00 for the Juvenile Detention Home program to provide funds for the salary and expenses of three educational coordinators, to be reimbursed 100 per cent by State funds. $4,000.00 for the Expanded GED Testing Services program to operate a satellite GED test center at the Virginia Employment Commission and expand the testing services in the Roanoke City testing area, to be reimbursed 100 per cent by State funds. $250,000.00 for the cost of architectural fees for the development of construction documents for the Patrick Henry High School project; and funding for the project is provided equally from City Capital funds and Schools' Debt Service Reserve. Mr. Harris offered the following budget ordinance: (#36263-031703) AN ORDINANCE to amend and reordain certain sections of the 2002-2003 School and School 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 165.) Mr. Harris moved the adoption of Ordinance No. 36263-031703. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ........................................................................................... 7. NAYS: None ............................................................. ~- .......................... -0. UNFINISHED BUSINESS: NONE. INTRODUCTION AND RESOLUTIONS: CONSIDERATION OF ORDINANCES AND CITY COUNCIL: Mr. Bestpitch offered the following resolution eliminating the provision for fifth Monday Council meetings: (#36264-031703) A RESOLUTION amending Paragraph 2 of Resolution No. 35958-070102, which established a meeting schedule for City Council for the Fiscal Year commencing July 1, 2002, and terminating June 30, 2003, by eliminating subsection (c) of Paragraph 2 which provided for meetings of City Council to be held on each fifth Monday for the purpose of receiving briefings and reports of Council members serving in liaison capacities on various committees and for planning purposes. (For full text of Resolution, see Resolution Book No. 67, page 168.) Mr. Bestpitch moved the adoption of Resolution No. 36264-031703. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ................................................................................................. 7. NAYS: None ........................................................................................ -0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: TRAFFIC.TRANSPORTATION SAFETY: Council Member Bestpitch called attention to concerns expressed by drivers regarding speeding citations on Towne Square Boulevard, N. W., between Valley View Boulevard and Airport Road. He 14 advised that there is a 25 miles per hour speed limit sign on one side of the road, but not on the other side, and asked that the matter be referred to the City Manager for report to Council. FLOOD REDUCTION/CONTROL-EQUIPMENT: Council Member Bestpitch requested a review of the City's procedure for removing City equipment from flood prone areas. POLICE DEPARTMENT-COMMITTEES-NEIGHBORHOOD ORGANIZATIONS- COMMUNITY PLANNING-TRANSPORTATION SAFETY: Council Member Carder expressed concern with regard to speeding vehicles in Roanoke's residential neighborhoods. He requested that the City Manager appoint a committee composed of law enforcement representatives, City Planning staff, neighborhood representatives and citizens to review actions taken by other localities to slow down traffic and to make neighborhoods safer. ACTS OF ACKNOWLEDGMENT-SPECIAL EVENTS: The Mayor and Council Member Wyatt congratulated all persons involved in the St. Patrick's Day Parade which was held on Saturday, March 15, 2003. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard, and matters requiring referral to the City Manager will be referred immediately for any necessary and appropriate response, recommendation or report to Council. No citizens requested to be heard. CITY MANAGER COMMENTS: ACTS OF ACKNOWLEDGMENT-SPECIAL EVENTS: The City Manager commended all persons involved in the St. Patrick's Day Parade which was held on Saturday, March 15, 2003. FLOOD REDUCTION/CONTROL-EQUIPMENT: The City Manager spoke to previous remarks of Council Member Bestpitch in regard to reviewing the City°s procedure for the removal of equipment in flood prone areas. She advised that following the flood of 1985, the City, realizing the potential impact of the 100 year flood, did, in fact, modify its building code to provide for building requirements of different magnitude in flood prone areas of the City than elsewhere; and a current requirement provides that any occupied space by human beings must be at least 8.5 feet above the flood plain, which was taken into account as a decision was made to redevelop the Reserve Avenue area. She advised that the recent flood experienced by the City was abnormal; using scientific data that has been gathered over the years, the City and other jurisdictions took its advice on the projected height of the water from the National Weather Service in Blacksburg, which has, for many years, taken readings at various locations, and based upon National Weather Service readings, keyed off of what should be the highest height of the water in Roanoke within a projected time frame. She noted that history in this instance proved itself wrong because the water did. come to a higher level than was anticipated and did not key off of certain prior readings. She explained that the City has taken steps to review the abnormality and the Corp of Engineers and others are looking at what 'might have created the problems (development that has occurred over the years so that topography has changed, or a temporary structure was created within the Roanoke River that may have precipitated the unusual height of the river). She stated that the City took immediate steps to call in staff; two pieces of City equipment were lost in the flood, numerous pieces of equipment received water coverage and staff took immediate steps to move those pieces of equipment to dry and warm areas and to engage in immediate "triage" where staff took into account the length of time that the vehicles had been exposed to water and which vehicles stood the greatest opportunity for damage. She called attention to the assistance of Valley Metro mechanics and City employees who are excellent mechanics in their own right. She assured the Members of Council that City staff is critiquing this particular flood to determine if the information has changed and if the City should react differently in the future. She stated that it is unfortunate that the City has equipment that must be stored in that area of the City at the present time, and called attention to plans to move part of the equipment on a permanent basis to the Public Works Service Center. She noted that Council has signaled its intent, long term, to make the area available for future and better use, with the Roanoke River serving as an amenity. The City Manager assured the Members of Council and the citizens of Roanoke that staff acted on the best information that was available at the time and chose to discard some of the information in order to act appropriately, and City staff will continue to review the incident so that if the City experiences a future flood event, staffwill be in a position to respond as quickly as possible. The City Manager stated that she was pleased to report that initial damage estimates on the equipment have been reduced to a minimum by comparison to what original estimates were anticipated to be. At 3:45 p.m., the Mayor declared the meeting in recess for four closed sessions. At 5:20 p.m., the meeting reconvened in the City Council Chamber. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Cutler moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ............................................... ~ .......................................... -7. NAYS: None ........................................................................................ -0. At 5:20 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the City Council Chamber. At 7:00 p.m., on Monday, March.17, 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, with Mayor Ralph K. Smith presiding. PRESENT: Council Members William D. Bestpitch, William H. Carder, M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith .............................................................................................. -7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Mayor Smith. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS AND ACKNOWLEDGMENTS: POLICE DEPARTMENT-ACTS OF ACKNOWLEDGMENT: The Mayor recognized Roanoke Police Explorer Scout Post 616, recipient of the 2002 Youth Award by the Southwest Regional Crime Prevention Association. He advised that the Youth ]7 Award is presented to a youth group, or individual, under the age of 18 who has promoted crime prevention in the community through awareness campaigns, volunteerism, and other projects. He stated that Roanoke Police Explorer Scout Post 616 has performed extraordinary work in their commitment, dedication and selfless service to the community, they are often called upon and requested to volunteer their energy and enthusiasm, and they have volunteered at such activities as National Night Out, Special Olympics fundraising events, League of Older. Americans, "Lunch on the Lawn", Clean Valley Day, Christmas in April, the Virginia Commonwealth Games and they routinely volunteer at the Bradley Free Clinic. He commended Scout Post 616 on being a well mannered and disciplined group, of youth who personify role modes for today and great leaders for tomorrow. PUBLIC HEARINGS: NEIGHBORHOOD ORGANIZATIONS/PLANS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 198'1, the City Clerk having advertised a public hearing for Monday, March 17, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on an Amendment to Vision 2001-2020, the City's Comprehensive Plan, to add the Gainsboro Neighborhood Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, March 7, 2003, and Friday, March 14, 2003, and in The Roanoke Tribune on Thursday, March 13, 2003. The City Planning Commission submitted a written report recommending that Council adopt, as a component of Vision 2001-2020, the Gainsboro Neighborhood Plan, as modified on February 20, 2003. Mr. Cutler offered the following ordinance: (#36265-031703) AN ORDINANCE approving the Gainsboro Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Gainsboro Neighborhood Plan; and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 67, page 170.) Mr. Cutler moved the adoption of Ordinance No. 36265-031703. The motion was seconded by Mr. Dowe. The Mayor inquired if there were persons in attendance who would like to speak in connection with the matter. The first person signed up to speak on the matter was Mr. Charles A. Price, who, when called upon to speak, deferred. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., pointed out that photographs of the Gainsboro neighborhood will be submitted for inclusion in the Neighborhood Plan, and additional development proposals for Henry Street will be submitted. In regard to the Total Action Against Poverty proposal, she advised that there was no discussion or agreement within neighborhood meetings regarding relocation of the Harrison Museum of African-American Culture, and asked that her comments not be interpreted to portray disagreement with the move. She stated that it was reported during the meetings that neighborhood groups would like no buildings on Henry Street to be taller than four stories, and noted that buildings taller than four stories should not be permitted inasmuch as such structures would be historically incorrect. On behalf of those organizations that participated in the meetings, she expressed appreciation to City staff and to the City Planning Commission who worked with the neighborhoods to complete the Gainsboro Neighborhood Plan. Mr. Charles A. Price, 3201 Willow Road, N. W., asked to be heard; whereupon, the Mayor advised that he would recognize Mr. Price; however, in the future, speakers are requested to address Council in the order in which they registered to speak. Mr. Price advised that the plan developed by the Roanoke Neighborhood Development Corporation (RNDC) in 1997-98 regarding Henry Street was prepared with community input and developed based upon zoning and potential use at that time for the area. He stated that RNDC was involved in development of the adjacent parking area, as well as the parking garage, and considerable time was involved in addressing vista/height limitations and overall scope and scale. He disagreed with Ms. Bethel's remarks in connection with the height of the buildings, because the area, insofar as height was concerned, was restricted as a visual means to allow an overall overview from downtown into the Gainsboro community, and to allow maximum development in the other adjacent C-3 areas, and insofar as height and zoning issues, buildings will be developed with that in mind. He stated that it is not the intent of RNDC to place restrictions on the northwestern part of the site, because of the view that will allow for the potential of development, and the RNDC plan prepared for the Henry Street area was not restrictive in the sense as noted by Ms. Bethel in her comments. There being no further speakers, the Mayor declared the public hearing closed. Council Member Cutler inquired if the name Henry Street could be used instead of First Street, since it is confusing to talk about Henry Street when Henry Street no longer exists. In regard to a comment that a central meeting place is needed for community activities, he advised that the Harrison School is located across 5th Street from the Gainsboro neighborhood, and the Harrison School should be protected and adaptively reused, with or without the Harrison Museum's principle which will be moved to the Dumas Center. He stated that.the Harrison School is a logical place for a community activities center and suggested that the matter be discussed in the future. He noted that during discussion of the repair, widening and reuse of the First Street Bridge as the Martin Luther King, Jr. Memorial Bridge~ it was mentioned that the bridge would be a logical place for the Lick Run Greenway to move across the railroad tracks from The Hotel Roanoke into downtown Roanoke, and asked that future implementation of the Gainsboro Neighborhood Plan include a reference that the Lick Run Greenway will cross the Martin Luther King, Jr. Memorial Bridge. There being no further discussion, Ordinance No. 36265-031703 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, DoWe, Harris, Wyatt and Mayor Smith ........................................................................................... -7. NAYS: None ........................................................................................ -0. SPECIAL PERMITS: Pursuant to previous action of the Council, the City Clerk having advertised 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 proposal of the City of Roanoke to grant a revocable license permitting the encroachment of parking spaces eight feet into the public right-of-way at 3308 Franklin Road, S. W., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, March 7, 2003. The City Manager submitted a communication advising that property owners at 3308 Franklin Road, S. W., have requested permission to implement a new parking configuration to accommodate the addition of two handicapped parking spaces, and 2O the new configuration will create an encroachment into the public right-of-way; the requested revocable encroachment will extend approximately eight feet into the right-of-way of Franklin Road, S. W., at grade level, and the right-of-way of Franklin Road at this location is approximately 190 feet in width. It was further advised that liability insurance and indemnification of the City by the property owner will be provided by the property owner, subject to approval by the City's Risk Manager. The City Manager recommended that Council adopt an ordinance, to be executed by the property owners, Kenneth and Linda Cumins, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, granting a revocable license to allow construction of parking spaces encroaching into the right-of-way at 3308 Franklin Road, S. W. Mr. Harris offered the following ordinance: (#36266-031703) AN ORDINANCE granting a revocable license to allow the encroachment of parking spaces extending eight (8) feet into the public right-of-way at grade level, to implement a new parking configuration to accommodate the addition of two handicapped parking spaces, upon property located at 3308 Franklin Road, S. W., bearing Official Tax No. 1300116, 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 171.) Mr. Harris moved the adoption of Ordinance No. 36266-031703. The motion was seconded by Mr. Carder. There being none, he declared the public hearing closed. The Mayor inquired if there were persons in attendance who would like to speak in connection with the matter. There being no discussion by Council, Ordinance No. 36266-031703 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith .................................................................................... '- ..... -7. NAYS:None ........................................................................................ ~. AIRPORT.SIGNS/BILLBOARDS/AWNINGS-SPECIAL PERMITS: Pursuant to action of the Council, the City Clerk having advertised 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 proposal of the City of Roanoke to grant a revocable license to the Roanoke Regional Airport Commission for encroachment of an overhead directional sign approximately 58 feet into the public right-of-way of Aviation Drive, N. W., approaching the main entrance of the Airport Terminal Building, the matter was. before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, March 7, 2003. The City Manager submitted a communication advising that the Roanoke Regional Airport Commission, owner of property along Aviation Drive, N. W., has requested permission to install an overhead directional sign, with all necessary appurtenances thereto, approaching the main entrance to the Airport Terminal Building; the proposed sign will create an encroachment into the public right-of-way of Aviation Drive, N. W.; the revocable encroachment will extend approximately 58 feet into the right-of-way of Aviation Drive; the right-of-way of Aviation Drive at this location is approximately 158 feet in width; and liability insurance and indemnification of the City by the applicant shall be provided, subject to approval by 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 Roanoke Regional Airport Commission, to allow installation of a directional sign encroaching into the right.of-way of Aviation Drive, N. W. Mr. Harris offered the following ordinance: (#36267-031703) AN ORDINANCE granting a revocable license to permit the encroachment of an overhead directional sign, extending approximately fifty-eight (58) feet into the public right-of-way of Aviation Drive, N. W., 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 173.) Mr. Harris moved the adoption of Ordinance No. 36267-031703. The motion was seconded by Mr. Dowe. The Mayor inquired if there were persons in attendance who would like to speak in connection with the matter. There being none, he declared the public hearing closed. There being no discussion by Council, Ordinance No. 36267-031703 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ........................................... ~ .... ~ ......................................... 7. NAYS: None ........................................................................................ -0. AIRPORT-LEASES: Pursuant to action of the Council, the City Clerk having advertised 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 proposal of the City of Roanoke to convey approximately 800 square feet of property bearing Official Tax No. 6640123 to the Federal Aviation Administration, conditioned upon an agreement with the Hertz Corp. to amend a Lease Agreement removing an 800 square foot area from the lease, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, March 7, 2003. The City Manager submitted a communication advising that the Federal Aviation Administration is in the process of acquiring sites to install Low Level Wind Shear Alert System Remote Sensors, and one of the proposed sites is on City-owned property currently leased by the Hertz Corp.; and the lease with the Hertz Corp. provides that the lease is subject to and subordinate to provisions of any future agreement between the City of Roanoke and the United States relative to operation, improvement or maintenance of the Roanoke Regional Airport. It was further advised that the FAA has offered to buy the site, consisting of approximately 800 square feet, for the sum of $42,000.00; the area is currently contained within a portion of the area that the City has leased to the Hertz Corp.; and the Hertz Corp. has verbally agreed to an amendment to its lease whereby the 800 square foot area would be released from the lease agreement for a corresponding reduction in the amount of monthly lease payments made by the Hertz Corp. to the City. The City Manager recommended, following the public hearing, that she be authorized to execute the appropriate documents, including a contract and deed, to convey the subject property containing approximately 800 square feet to the United States of America, such documents to be approved as to form by the City Attorney; with such approval to be specifically conditioned upon the Hertz Corp. executing an amendment to the lease agreement between the Hertz Corp. and the City of Roanoke removing the 800 square foot area from the lease agreement; and the grantee will be responsible for all title work, surveying, plat preparation, and preparation of legal documents. Mr. Harris offered the following ordinance: (#36268-031703) AN ORDINANCE authorizing the City Manager to execute agreements, deeds and any related and necessary documents providing for the conveyance to the United States of America of a portion of City-owned property identified by Official Tax Map No. 6640123, consisting of 800 square feet, located on Municipal Road, for the installation of Low Level Wind Shear Alert System Remote Sensors; 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 175.) Mr. Harris moved the adoption of Ordinance No. 36268-03J703. The motion was seconded by Mr. Cutler. The Mayor inquired if there were persons in attendance who would like to speak in connection with the matter. There being none, he declared the public hearing closed. There being no discussion by Council, Ordinance No. 36267-031703 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and Mayor Smith ............................................................................................ 7. NAYS: None ....................................................................................... --0. PARKS AND RECREATION-CITY PROPERTY-BLUE RIDGE PUBLIC TELEVISION: Pursuant to action of the Council, the City Clerk having advertised a public hearing for Monday, March 17, 2003, at 7:00 p.m., or as soon thereafter as the 24 matter may be heard, with regard to a proposal to convey five acres of City-owned property to Blue Ridge Public Television (BRPT), being a portion of Fishburn Park currently used by BRPT for its station and located off of Colonial Avenue, S. W., and to impose a restriction on a 6.8-acre portion of Fishburn Park that such property will be used for park purposes, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, March 10, 2003. The City Attorney submitted a written report advising that since 1966, the City has leased to Blue Ridge Public Television (BRpT) five acres of Fishburn Park, on which BRPT has constructed its television station; the current lease ends on November 14, 2004, and BRPT has offered to purchase the five acres from the City for the sum of $100,000.00; approximately two and one half acres of the parcel of land leased to BRPT are encumbered by a restriction placed upon the property when it was conveyed to the City in 1935 by the late Blair J. Fishburn, limiting use of the land to "park purposes"; and BRPT wishes to have this restriction removed from the property to be conveyed by the City. It was further advised that the heirs of Blair J. Fishburn have agreed to release the restriction, if 1) the City will agree to imposing a similar restriction on approximately 6.8 acres of Fishburn Park currently unencumbered with it, 2) the City will expend the proceeds of the sale of the property on improvements to Fishburn Park, and 3) BRPT will expend at least $47,753.00 to construct the Blair J. Fishburn Community Room at its station, which room shall be available to and open to the public; and BRPT has agreed to the third item by resolution adopted on February 28, 2003. Mr. Harris offered the following ordinance: (#36269-031703) AN ORDINANCE authorizing the City Manager to execute an agreement, deed and any related and necessary documents providing for the sale and conveyance of City-owned property located on Colonial Avenue, S. W., lying in Fishburn Park, containing approximately 5.0 acres, more or less, a 2% acre portion of which is encumbered by certain restrictions contained in a 1935 deed; approving removal of such restrictions, and imposition of the same deed restrictions on a 6.8 acre tract of land also lying in Fishburn Park; approving expenditure of the consideration received for the sale of this parcel for improvements to Fishburn Park, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 67, page 176.) Mr. Harris moved the adoption of Ordinance No. 36269-031703. The motion was seconded by Mr. Dowe. The Mayor inquired if there were persons in attendance who would like to speak in connection with the matter. There being none, he declared the public hearing closed. Council Member Carder called attention to the possibility that the Murray Run Greenway runs through a corner of the property i.n question, and, that being the case, he suggested that the City of Roanoke retain a permanent easement for the greenway, thereby ensuring no problems in the future. The City Attorney responded that the deed will retain existing easements, and it would be prudent to prepare a survey and reserve the specific easement. Ordinance No. 36269-031703 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt 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 any necessary and appropriate response, recommendation or report to Council. CITY COUNCIL: The following persons addressed Council with regard to adopting a proposed measure opposing military action against Iraq by the United States of America: Ms. Audette Fulbright, 1326 Belleview Avenue, S. W., requested that Council adopt a resolution opposing the United States threatened violation of the United Nations Charter by unilateral preemptive military action against the sovereign nation of Iraq, and the dangerous precedent such action would establish, that the President and 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 taken unilaterally or preemptively by the United States. She presented petitions signed by persons in support of adoption of the resolution and pointed out that as of noon on Monday, March 17, 2003, 151 U. S. cities and counties had declared themselves peace cities and expressed their opposition to war with Iraq; two Virginia cities have declared themselves peace cities: Alexandria and Charlottesville; and nine localities are considering such declarations: Arlington County, Blacksburg, Fairfax County, Falls Church, Leesburg, Loudon County, Staunton, and Williamsburg. Mr. Bob Fetter, 2923 Carolina Avenue, S. W., called attention to expenses associated with the war on Iraq and the occupation and rehabilitation that will follow. Ms. Elizabeth Keyser, 714 White Oak Road, S. W., advised that the war against Iraq is a bad move on the part of the United States for five distinct reasons: (1) the tremendous toll on human life and suffering, (2) the economic toll will be overwhelming, with $100 billion for the war alone, not taking into consideration the aftermath of the war; (3) the security of Americans is being threatened around the world; (4) the United States is losing the respect of nations around the world; and (5) Americans are losing self-respect because of the hypocritical and self-righteous nature of certain communications generated by the United States Government. She encouraged Council to adopt the proposed resolution. The Reverend Rusty Dinkins-Curling, 2817 Cumberland Street, N. W., spoke in support of adoption of the resolution, although it appears that war is imminent. He advised that there are viable alternatives that have not been reviewed and have not been tried by the United States Government. He stated that sufficient time should be allowed for inspectors to complete the task of disarming Iraq, and that the United States declare to Iraq that if it cooperates with inspectors and disarms, it will not be attacked. He called attention to a proposal by a group of United States, British, and Anglican clergy for a six point plan that closely resembles the alternatives included in the proposed resolution, which many persons believe would be successful in disarming Iraq; and if there is a means that will work short of a war, with the associated loss of life and property and the cost of war, it should be tried. COMPLAINTS-CITY EMPLOYEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The following persons addressed Council in connection with alleged discriminatory practices by the City; i.e.: the termination of employment of Ms. Nandini Assar, an employee of the Roanoke Neighborhood Partnership Office: Ms. Angela Norman, 1731 Michael Street, N. W., addressed Council as a community leader and a representative of the Municipal Employee Association. She called attention to areas of employment deficits and discrimination within City 27 government; endorsement of the City Manager's Affirmative Action report by the President of the Roanoke Chapter, NAACP, was only one voice and did not represent the black community or other minorities; and discrimination and favoritism still exists from the top down in City management, with managers and supervisors who are fearful of loosing their jobs if they do not support decisions from the top down, whether such decisions are morally and professionally right or wrong. She stated that African-Americans are purposely being hired as supervisors over other blacks as a disguise to accomplish the covering up of discrimination against targeted employees. She spoke in support of Ms. Nandini Assar, a minority employee from India, who was unjustifiably terminated from her position with the City. She stated that Ms. Assar has more education and professional experience than her supervisors; and support of her termination from the top down, again exposes the level of discrimination that is alive behind closed doors. Because favoritism is another problem, she added that some Caucasian employees are also being treated unfairly, and she has appeared before Council over a period of six years addressing this concern, because internal investigations render predetermined decisions, not favorable for employees, since the deck is stacked from the top down. She requested the assistance of Council in reaching fairness and equity for all City employees. Ms. Nandini Assar, 311 Buckingham Place, Blacksburg, Virginia, advised that she was a City employee for 13 months; she was dismissed without notice on Friday, January 3, 2003, at 4:45 p.m., prior to a scheduled week of leave time, and she had no opportunity to address allegations about her work, despite repeated efforts. She called attention to the last document in her personnel file prior to receiving her letter of termination which was an internal promotion. She stated that she brought the matter to the attention of Council after exhausting all steps in the City's published grievance procedure. She explained that she experienced racial, ethnic and other discrimination and prejudice in her employment; she was dismissed without cause; she was hired as a temporary employee in November, 2001, with the understanding that a permanent position would become available shortly thereafter; in June, 2002, she was promoted to permanent full-time status to the position of Neighborhood Development Specialist, and was offered a salary, in writing, that was lower than her wages as a temporary employee; and upon accepting the position, the written offer was further reduced, without discussion, when she received her final letter of appointment and duties of the position were downgraded, which is typical of discriminatory practices. She stated that feedback was denied, and when she filed a grievance, it was ignored. She explained that she was hired to work with neighborhood groups and to render support in efforts to enhance neighborhoods; however, the day after her promotion, she was directed to move to a new work station and answer telephones at the City's call center with no previous training for the new duties. She advised that she informed her supervisor that while she was willing to help, this was not the best use of her capabilities and thus a waste of taxpayers' money, which issues were not addressed by her supervisor. She stated that she worked under hostile supervision and without adequate support and training, her supervisor often PrOvided contradictory directions, her questions were unanswered and feedback was not forthcoming. She stated that on January 3, 2003, she was given a letter of termination alleging poor customer service and neglect, although no record exists of poor customer service in her personnel file and despite several requests, she was not provided with a copy of the signed written evaluation or any supporting documentation. She explained that she has complied with the City's grievance procedure, and requested that Council review the situation and that she be reinstated with the offer of employment dated June, 2002, and with provisions for supervision that are conducive to success. Ms. Peggy Blankenship, 2316 Russell Avenue, S. W., President of the Norwich Neighborhood Alliance, spoke on behalf of Ms. Assar. She advised that for some time the Norwich organization experienced difficulties with the Roanoke Neighborhood Partnership Office, which provided limited guidance until the arrival of Ms. Assar. She stated that Ms. Assar assisted the organization in obtaining a $10,000.00 Community Development Block Grant for the Norwich neighborhood, and she provided the necessary leadership and guidance on behalf of an office of the City that is vital to the well being of Roanoke's neighborhoods. Ms, Sandra Eanes, 1616 Stewart Avenue, S. E., commended the work of Ms. Assar in assisting the Southeast Action Forum. She advised that Ms. Assar is well informed, and she has been a great asset to the Roanoke Neighborhood Partnership. She requested that Ms. Assar be reinstated to her position of Neighborhood Development Specialist. Mr. Lewis Grogan, 528 Chestnut Avenue, N. W., spoke in support of the assistance rendered by Ms. Assar to the Northwest Neighborhood Improvement Council. He advised that Ms. Assar was helpful in providing the necessary information in the grant process, and she has performed her duties and responsibilities with integrity and professionalism. He stated that Roanoke's neighborhoods are suffering because the grant process, which is important to Roanoke's communities, has been interrupted, and requested that Ms. Assar be reinstated in her position so that Roanoke can go back to the process of improving its neighborhoods. Ms. Kathy Hill, 509 Arbor Avenue, S. E., spoke in support of the reinstatement of Ms. Assar to her position. She called attention to other employees in the Roanoke Neighborhood Partnership Office who have either been replaced, or assigned to work in other City departments. She stated that Ms. Assar was unfairly terminated and the circumstances of her termination should be investigated, followed by corrective action. Ms. Adrian Brown, 813 Gilmer Avenue, N. W., spoke on behalf of Ms. Assar and other City employees who have suffered, are suffering, and will suffer from discrimination at the hands of those who are. practicing different forms of discrimination. She stated that she worked with Ms. Assar, who displayed characteristics of strength of character and dedication to the values that City employees hold dear - competence, fairness and respect; she practiced excellent customer service with neighborhoods and provided a positive influence on citizens. She added that Ms. Assar, like many other City employees, fell victim to what appears to be a corrupt departmental system that should be changed; and some employees have left the City, some are waiting in the wings for the "shoe to fall", and some do not know that they will be a victim in the future. She asked that Council listen carefully to what is being said because most City employees suffer in silence. COMPLAINTS-CITY EMPLOYEES: Mr. Robert Gravely, 3360 Hershberger Road, N. W., advised that the last time he appeared before Council, he was denied his first amendment right to freedom of speech. He advised that Council Members are elected to represent all of the citizens of Roanoke and not a select few. He expressed concern with regard to the City's pay scale, and the use of taxpayers' dollars to construct large buildings and to attract businesses to the City of Roanoke. NEIGHBORHOOD ORGANIZATIONS/PLANS-COMPLAINTS-CITY EMPLOYEES- CITY COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that the world is in crisis, with people crying for peace; and it is disturbing to hear citizens request that their City Council issue a resolution for Roanoke to be a city of peace, and the reaction of Council to not respond in any way is disturbing. She stated that it is also disturbing when an individual defers to address Council, and later is allowed to address comments made by a previous speaker with little reference to the Neighborhood Plan which was the topic of discussion. She added that it is also disturbing to hear a City employee indicate specifically how he or she has been discriminated against, and other City employees have addressed Council in the past with their concerns of discriminatory practices without any response by Council. She asked that Council work with City employees and Roanoke's neighborhoods so that they can be the best they are capable of becoming. There being no further business, the Mayor declared the meeting adjourned at 8:10 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 3] REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL April 7, 2003 9:00 a.m. C-1 The Council of the City of Roanoke met in regular session on Monday, April 7, 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 il, City Council, Section 2-15, Rules of Procedure_, Rule 1, Re__~q_ular Meetin_g~, 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 H. Carder, M. Rupert Cutler, William D. Bestpitch, and Mayor Ralph K. Smith ................................................................. -4. ABSENT: Council Members C. Nelson Harris, Alfred T. Dowe, Jr., and Linda F. Wyatt (arrived late) ............................................................................................ 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. 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. Bestpitch moved that Council concur in the request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Mr. Cutler and adopted by the following vote: H:\Minutes.01\04-07-03.wpd Page ] of 35 AYES: Council Members Carder, Cutler, Bestpitch and Mayor Smith ........... -4. NAYS: None ......................................................................................... 0. (Vice-Mayor Harris and Council Members Dowe and Wyatt arrived late.) COMMITTEES-CITY COUNCIL: 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)(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 Closed Meeting as above described. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Carder, Cutler, Bestpitch and Mayor Smith ........... -4. NAYS: None ......................................................................................... 0. (Vice-Mayor Harris and Council Members Dowe and Wyatt arrived late.) PURCHASE/SALE OF PROPERTY-CITY COUNCIL-CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Bestpitch moved that Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Cutler, Bestpitch and Mayor Smith ........... -4. NAYS: None ......................................................................................... 0. (Vice-Mayor Harris and Council Members Dowe and Wyatt arrived late.) PURCHASE/SALE OF PROPERTY-CITY COUNCIL-CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for public purpose, where discussion H:\Minutes.01\04-07-03.wpd Page 2 of 35 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. Mr. Bestpitch moved that Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Cutler, Bestpitch and Mayor Smith ............ -4. NAYS: None ......................................................................................... 0. (Vice-Mayor Harris and Council Members Dowe and Wyatt arrived late.) At 9:05 a.m., the Mayor declared the meeting in recess. The Council meeting reconvened at 9:10 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Smith presiding, and all Members of the Council in attendance. (Mr. Dowe arrived at 9:30 a.m.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION, CLARIFICATION; AND ADDITIONS/DELETIONS TO THE 2:00 P.M. DOCKET: SALE/PURCHASE OF PROPERTY-BUDGET-WATER RESOURCES: The City Attorney presented an additional measure for consideration by Council at its 2:00 p.m., session in connection with the City Manager's communication recommending execution of Change Order No. 2 to the contract with Golder Associates, Inc., for ground water exploration investigation and work, with regard to development of 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 appropriation of funds. (Agenda item 6.a.6.) HABITAT FOR HUMANITY: Dr. Cutler referred to an item on the 2:00 p.m., Council docket pertaining to 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. He called attention to a concern of Habitat for Humanity in regard to the City's reaction to its proposal to construct six to twelve new houses; however, there appears to be a reluctance on the part of the City Manager to approve the proposal. H:\Minutes. Ol\O4-O7-O3.wpd P¢_~c ~ o:[' ~5 The City Manager advised that Habitat for Humanity has constructed 120+ Iow to moderate income houses in the City of Roanoke, most of which were constructed prior to the Council's discussion regarding ways to deconcentrate Iow and moderate income housing throughout the City, and to disperse such housing so that there is not a high concentration of any one socio-economic status in the community. She stated that direction has been provided to Habitat indicating that the City is prepared to make funds available through the Community Development Block Grant program, but housing should not be constructed in such a way as to further concentrate housing in a particular area of the City; however, Habitat has not responded to the offer. She explained that the City, through the Roanoke Redevelopment and Housing Authority, owns a tract of land on which Habitat is interested in constructing a significant number of houses, which is in addition to a parcel of land that Habitat currently owns that would provide the opportunity for construction of six or more houses; however, it is the opinion of City staff that no further housing should be concentrated in that specific area of the City. She noted that City staff has been supportive of Habitat for Humanity and encouraged Habitat to modify its housing design so that in the future Habitat homes will be more in keeping with the overall neighborhood and the houses will not stand out in a way that makes it obvious that the structure is either a Habitat house, or the occupant is of Iow to moderate income status; therefore, Habitat has agreed to construct different size houses, with multiple arrangements for bedrooms, porches, etc. She advised that there continues to be a concern about the concentration of Habitat houses in one part of the City; Habitat has advocated minimum acreage for its houses so as to maximize the number of houses that can be constructed on a particular parcel of land; and City staff believes that the approach should be to locate Habitat houses in all neighborhoods, to use infill properties, and to construct houses of a similar character to those already existing in the neighborhood. She stated that Habitat for Humanity has been advised that the City of Roanoke cannot continue to be the Iow and moderate income housing capital of southwest Virginia and the City has suggested that Habitat should acquire property in other areas of the region. The City Manager explained that staff's recommendation in no way affects Habitat's ability to purchase property and to build as would any private developer, but in large measure, Habitat for Humanity has been able to construct many houses in the City of Roanoke because the City has made property available to the organization. Council Member Dowe entered the meeting. H:\Minutes.01\04-07-03.wpd Page 4 of 35 SCHOOLS: Vice-Mayor Harris referred to an item on the 2:00 p.m. Council docket pertaining to the selection of persons to be formally interviewed for the position of School Trustee on April 24, 2003, beginning at 4:30 p.m. He advised that Council may interview up to three persons per vacancy, or nine applicants; however, Council could interview less than nine persons if it so desires. He stated that it would be appropriate to reach a consensus of the Council at this time as to those persons who will be formally interviewed. Following discussion, it was the consensus of Council that the following persons will receive the formal interview on April 24, 2003, at 4:30 p.m., in the Council Chamber, and all other applicants will be eliminated from the School Trustee selection process: Dennis M. Binns F. B. Webster Day Tiffany M. Johnson Gloria P. Manns Kathy G. Stockburger David B. Trinkle TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL-SCHOOLS-BUDGET: The City Manager advised that Council is scheduled to meet with the School Board in budget study session on Thursday, May 8, 2003, at 8:30 a.m. She explained that because the fiscal year budget has been established by that time, the meeting is not strictly a budget session, but could provide an opportunity to discuss other issues. She called attention to an item of significant importance to the Council and to the School Board; i.e.: a detailed presentation by the School Board on plans for renovations to Patrick Henry High School, and noted that the Patrick Henry project is the most significant capital expenditure for any one item in the school system in many years, however, no in-depth presentation has been made to the Council. Following a discussion of the matter, it was the consensus of Council to request a detailed briefing on Patrick Henry High School renovation plans; a briefing on vocational/technical education and the changing needs of society, recognizing that a four-year college degree will not be the demand for most jobs of the future, financial support bythe School Board for vocational/technical education, the School Board's philosophy/definition of vocational/technical education and its future, the future of the Blue Ridge Technical Academy, the sharing of the principalship between the Blue Ridge Technical Academy and the Noel C. Taylor Learning Academy, a clarification of the focus of the Blue Ridge Technical Academy and the Gibboney Career and Technical Education Program, and a brief summary of the School Board's proposed fiscal year 2004 budget. H:\Minutes.01\04-07-03.wpd Page 5 of 35 It was suggested that the budget information be provided to the Council in advance of the May 8 meeting for review. BRIEFINGS BY STAFF: FLEET MANAGEMENT: The City Manager introduced Robert D. Frazier, Manager, Fleet Management, for a briefing on the City's vehicular fleet and equipment, and reductions in the fleet which are proposed in the fiscal year 2004 budget. Mr. Frazier presented information on the mission and vision of Fleet Management, a utilization survey, performance measures, a vision for the future and key steps that are necessary to accomplish the vision. He advised that staff's vision to be the best Fleet Management organization in the Commonwealth of Virginia by the year 2005 is in concert with Goal No. 4 of City's Strategic Plan 2003. He stated that a utilization survey revealed that approximately 884 vehicles and pieces of equipment are managed by the Fleet Management Division and as a result of research through the American Public Works Association, minim um standards were developed for maintaining and utilizing Cityvehicles; and survey results information was provided to City department managers inquiring as to the amount of utilization of equipment/vehicles, is the equipment being properly utilized, are there ways to consolidate equipment, are there ways to eliminate certain equipment, and is it possible to work in a new mode with fewer vehicles and equipment. He stated that the departments also looked at how they are budgeted in comparison to Other municipalities in the Commonwealth of Virginia and itwas determined that Roanoke is ranked 6th in budgeted dollars but 3rd in fleet size, and in reality the City of Roanoke is spending about $1,000.00 per vehicle, but budgeted at just over $700.00 per vehicle. He explained that the first goal was to match the size of Roanoke's fleet to the needs and utilization of the Fleet Management department, and to ensure that the department could properly maintain the fleet of vehicles, which, in today's market means more than just purchasing parts and equipment, but the training of technicians that involves investment of a lot of time and money to ensure that technicians receive the training they need to properly diagnose and repair equipment. In addition, he stated that vehicles and diagnostic tools are updated each year so as to identify vehicular problems; there was a need to eliminate and to consolidate vehicles wherever possible, therefore, department managers were requested to identify those areas where operations could be consolidated, where vehicles could be shared by more than one City department through a motor pool, and 35 vehicles and pieces of equipment are currently included in the City's motor pool. He noted that voluntarily, department managers eliminated 90 vehicles and pieces of equipment from the fleet, which equates to an immediate savings of $611,500.00 for vehicles and pieces of equipment that did not need to be replaced, H:\Minutes.01\04-07-03.wpd P~t~¢ {~ O~' 35 and when projecting the costs over an average of a ten-year life span, $285,000.00 in savings per year for ten years represents approximately a $3 million savings in CMERP and an immediate savings of $46,000.00 a year in the Fleet Management budget for repairs and maintenance of equipment. He stated that departmentally, performance measures were established to determine if Fleet Management was doing a good job for all City departments by analyzing availability, which is the percentage of time that a vehicle or piece of equipment is actually available when it is scheduled for use; industry standard is 95% of the time, and over the past six months, the City was above the 95% level during five of those six months. He called attention to a snow removal policy for City em ployees to better manage vehicles and to ensure the best possible job in these situations; vehicle turnaround time was reviewed with regard to the amount of time it takes to get a vehicle back in service, and turnaround time has been reduced by 50% in the last six months. He stated that staff reviewed the parts department, and the last three inventories showed a 1.2% average error rate, or less, while industry standard is 5%. He reviewed cost saving measures, such as reducing the number of sports utility vehicles which are more expensive to maintain than a sedan or pick.up truck by 10%; utilizing salvaged vehicles for parts which led to a savings of over $14,000.00 in the cost of new parts; the department has studied the potential of repairing parts versus replacement of parts as a cost saving measure; and CMERP replacement of equipment was reviewed so as to purchase the most efficient equipment for the tax dollar. Looking to the future vision of the Fleet Management department, Mr. Frazier called attention to a goal to formalize a career development program which will guide employees upon entering the department on how to move up from a Mechanic's Helper to a Mechanic 1, to a Mechanic 2, to a Master Mechanic, to a Supervisor; how to attain ASE certification, which has been attained by 75% of the City mechanics; and the City of Roanoke can apply to be Blue Seal Certified which will make Roanoke the fourth municipality in the Commonwealth of Virginia to be ASE Blue Seal Certified in the shop. He explained that individual productivity is emphasized by tracking direct labor, indirect labor, and reviewing the amount of time that is devoted to a specific activity, while looking for methods to improve productivity through a team approach and buy in by staff. He stated that a goal is to fully implement the motor pool, to implement the department's mission policy to help guide City department managers in making the right decisions regarding replacement of vehicles, development of vehicle replacement guidelines containing mileage and/or hours criteria, age criteria, and life-to-date maintenance costs, and when a vehicle exceeds any two of those standards for the type of vehicle, it then qualifies for replacement; and to continue the tracking program by reviewing significant criteria to be able to move to the next level in order to provide better data leading to better decisions and better accountability. H:\Minutes.01\04-07-03.wpd ~)a~c '70~ 35 Mr. Frazier reviewed other specific steps such as a new procedure for addressing oil changes for the City's vehicular fleet, installation of new shop doors on the back side of the facility, installation of an in-house radio system, re- engineering the night shift operation to be more productive during those hours when there are fewer City employees on the job, investment in software technology and hardware technology that will provide better tracking capability and direct interaction between technicians, and investing in the right diagnostic equipment, all of which will lead to a more efficient operation and better service for customers. In summary, Mr. Frazier expressed appreciation for the opportunity to review the operation of the Fleet Management division. He stated that the department is taking an aggressive role in reduction of costs and in better management of the City's fleet assets in an effort to improve productivity; employees have been challenged to develop solutions, some of which have been implemented; and the goal for the future is to continue to listen and to challenge staff to come up with even better ideas. Council Member Carder referred to the days of the $400.00 oil changes, and asked to see additional numbers inasmuch as he advocated privatization of the service to increase cost effectiveness. He inquired if the department is bench marking versus the budget, and advised that he favors bench marking versus actual cost. He requested additional information on the amount of dollars per vehicle mile, the preventative maintenance program, and what are the numbers if the total number of dollars in fleet is divided by the number of vehicle miles, versus total cost if the operation is privatized. He requested additional information on standard business practices throughout the United States in terms of fleet management, what are other communities doing, what was the reason for the $400.00 oil change which was revealed in a City audit that showed a tremendous amount of waste, as well as other issues in the parts department, what does an oil change cost today, and total dollars expended per vehicle mile today versus yesterday. Mr. Frazier called attention to privatizing the City's towing needs, at a cost of less than $40,000.00 per year, which will represent a tremendous cost savings for the City; and partnering with vendors on equipmentJparts and one price oil changes. There was discussion with regard to the rental of certain equipment that is not used on a regular basis versus the cost of replacement of the same equipment by the City; whereupon, Mr. Frazier advised that only a few pieces of equipment that were eliminated from the City's fleet would have to be rented, most of which is in the Streets Division, and amounts to no more than several thousand dollars per year; and the City Manager has requested that various pieces of equipment be monitored as to usage. H:\Minutes.01\04-07-03.wpd Page 8 of 35 The City Manager advised that there are certain pieces of equipment that are proposed for elimination or transfer to the motor pool in the 2004 fiscal year budget, and in those departments where there is an occasional use of a piece of equipment, such specific budgets will include rental dollars because the equipment cannot be taken away without making provision for the cost of rental. She stated that the City's philosophy is that if the equipment is not needed at least 90% of the year, it should not be retained. The City Manager called attention to two areas of privatization under consideration; i.e: continuation of the washhouse facility and whether or not it would be less expensive to contract for City vehicles to go through a type of automated wash, while retaining the washhouse for larger vehicles that need to be cleaned on a daily basis, such as those used for Solid Waste Collection; and the issue of gasoline dispensing because there is a lot of lost time in vehicles going to one or more locations for gas. She stated that much progress has been made in Fleet Management considering some of the challenges that the department faced, the department has benefitted significantly from input by City staff who are challenged to be the very best, and given more time, additional successes in Fleet Management will be identified and presented to the Council. There was discussion in regard to environmental issues, whether Fleet Management has an emissions policy, and actions taken by the department to reduce air pollution from City vehicles; and to acquire higher mileage vehicles, or hybrid vehicles using biodiesel fuel; whereupon, Mr. Frazier advised that staff is investigating the use of biodiesel fuel to determine the long term maintenance effects, additional costs if any to vehicles, needed modifications to certain vehicles, additional expenses to be incurred, and local availability of biodiesel fuel. He stated that by using a fuel emissions tester, the fuel system and fuel emissions can be tested to determine whether a vehicle is in compliance with OSHA standards, and Roanoke is now 14,000 to 1 environmentally compliant, which means that the City of Roanoke meets the standards to be certified by the State of Virginia. He added that Fleet Management has become the lead department for environmental concerns, particularly hazardous wastes, and will serve as a model for all other City departments; and the department is also a member of the environmental management system team. He stated that when City vehicles are replaced, staff reviews such issues as gas mileage, annual maintenance costs, and annual down time for repairs. A question was raised in regard to cooperative efforts with the School system; whereupon, Mr. Frazier advised that staff is working with school officials on an arrangement whereby students can work in the City Garage. He referred to a recent incident in which a City vehicle was painted and repaired by students at a cost of $200.00 for materials, while the same improvements would have cost in the range of $1,500.00 through a private vendor. H:\Minutes.01\04-07-03.wpd P~LgC 90~ 35 Without objection by Council, the Mayor advised that the briefing would be received and filed. SEWERS AND STORM DRAINS: The City Manager introduced a briefing on City of Roanoke storm drains and capital projects; whereupon, Philip C. Schirmer, City Engineer, advised that the presentation would cover three areas; i.e..' the big picture to demonstrate how the City of Roanoke is positioned within the watersheds that surround it, land use which is directly related to the amount of runoff from developed properties, and options for funding. He advised that the contributing watershed that surrounds the Roanoke area is the Roanoke River watershed, which also goes across a number of jurisdictions such as Botetourt County, Roanoke County, Montgomery County, Floyd County, through the City of Salem and down through the City of Roanoke. He stated that the City of Roanoke contains 27,000 acres, or the equivalent of 43 square miles, approximately 33,000 - 35,000 detached residences are located within the City's boundaries, and about 500 square miles of surrounding watersheds are the real issue. He called attention to a number of watersheds within the City of Roanoke: the Roanoke River (about 10% of which is within the confines of the City of Roanoke), Tinker Creek, Peters Creek (about half is in the City) Garnand Branch which goes through Garden City is about 85% within the City, Trout Run is the only watershed that is 100% within the City's boundaries, and Lick Run and Murdock Creek are about 95% within the City's boundaries. He presented slides demonstrating land use, which is related to how much of the rainfall actually runs off in a single family residential development, multi-family dwellings, and institutional uses including City buildings, churches, hospitals, school land, parks, and commercial development. He advised that there are approximately $53 million in identified City storm drain capital project needs, ranging in value from small projects of about $5,000.00 up to $8,000,000.00, and the $53 million does not include the Roanoke River Flood Reduction Project which is a much larger project. He further advised that storm drain projects are geographically diverse, located throughout the City, and not concentrated in any one specific area or any one watershed within the City. He stated that there are four funding mechanisms; i.e.: long-term borrowing through bonds which is historically how the City has paid for most of its storm drain improvements in the past, dedicated fees or taxes, developer-related charges, and a storm water utility. With regard to project funding, he advised that bond funding averages about $700,000.00 a year, and a review of the past ten years of expenditures for storm drain-type projects reveals that the City has spent $50,000.00 a year from CMERP funds, therefore, the total is approximately $750,000.00 a year of funds expended by the City on storm drain capital projects. He explained that with current projects scheduled and based upon historical averages, it will take the City approximately 70 years to get through the $53 million list of storm drain projects, which is a rolling list and as one project comes off, another project is Page 10 of 35 added to the list. He noted that Roanoke's storm drain infrastructure is aging and nearing the end of its useful life, and not only is the City dealing with new projects, but certain replacement projects as well; recently, the City submitted an application for a storm water quality permit, and water quality regulations will most likely increase the City's funding needs in the area of storm drains. Mr. Schirmer reviewed enabling legislation in the Commonwealth of Virginia that provides a method for funding projects in a municipally.owned storm water system, which can be considered a utility because basically every property in the City of Roanoke generates water runoff, every developed property contributes to the problem, and a measurable service is being provided to citizens through capital projects, therefore, the locality is providing a direct service that can be charged for. He stated that the fees would reduce the reliance on General Funds, offer an opportunity to provide additional services, all persons would share in the cost since all properties generate water runoff, and there is a limitation that funds generated from a storm water utility can only be used for land acquisition for capital projects relating to storm drains, administration of storm water programs such as the NPDES program, engineering, construction, debt retirement costs, cost of administration, and facility operation and maintenance costs. Question was raised as to whether the storm water utility would be a separate function from the regional water authority; whereupon, the City Manager advised that during discussions with Roanoke County, it was been stated that long term, it would be in the best interest of the region for storm water to be a part of the regional authority, but including storm water issues in water and sewer authority discussions at this time would cause a delay, therefore, it would be better for the water and sewer authority to be established, followed by consideration of inclusion of storm water at a later date. The City Engineer advised that there are certain typical steps that must be followed to develop a storm water utility; i.e.: development of a strategy and a feasibility study as to how much of the City's capital debt storm drain projects should be retired and a proposed time frame, development of a rate structure that would support such expenditures, adoption of an ordinance implementing a billing procedure, and ultimately providing the services to Roanoke's citizens. Mr. Schirmer reviewed examples of how various properties would be charged for the storm drain utility, using an average private residence, an average size condominium complex, and a shopping center in the City of Roanoke. Pagellof 35 It was noted that all citizens will pay the storm water user fee, based on the amount of impervious surface; and under the category of institutional uses, all properties, regardless of their taxable status for real estate purposes, will be required to pay a storm water utility fee, if enacted by the locality. For example: tax exempt non-profits, churches and other types of institutions would be assessed based upon the amount of impervious surface. The City Engineer reviewed storm water utility fees enacted by other localities in the Commonwealth of Virginia, the City of Norfolk being the highest at $5.47 and Prince William County the lowest at $1.73; and most localities have clustered around the middle at approximately $3.00 for an equivalent residential unit, based upon about 2,000 square feet of impervious area. He advised that the City of Roanoke proposes to prepare a detailed study to determine the size of the average residential unit, however, if the City were to implement a $3.00 per month equivalent residential rate, taking into consideration 33,000 units, residential property owners would pay about 3'1% of the total, approximately 1 '100 units in multi-family housing would pay about 40%, commercial properties would pay the bulk of the fee or about 50%, and approximately two-thirds of the fee would be paid by institutional users. He stated that based on a $3.00 per month assessment, $3.8 million a year in potential revenue could be applied to capital projects. Mr. Schimer explained that the next steps will involve a feasibility study to review Roanoke's properties in detail, by literally reviewing every residence in the City of Roanoke to determine the average impervious area of the residential unit; a review in detail of each commercial property to determine a rate structure; a detailed forecast in terms of revenue; a review of commercial assessments, billing procedures, and implementation of the system, all of which will involve a considerable amount of time. He stated that another corn ponent is a detailed capital project implementation strategy by refining the current list of capital projects to develop a document much like a capital improvement program by listing specific projects, specific costs, costs of administering projects, and costs of engineering and land acquisition, etc. Council Member Bestpitch suggested that priorities and time frames be added to the list, because it would appear that a 70 year time frame could be cut down to somewhere in the range of '15 years or less. The City Manager advised that she would recommend that concentration of funds go into capital, given the current list of outstanding projects, although some localities use a portion of the funds for ongoing maintenance as well as capital expenses; and facilities must be maintained, therefore, it is necessary to ensure that citizens understand that the operating budget of the City of Roanoke will have to increase in terms of the maintenance function, which is a policy decision for the Council as to whether the utility fee itself will be responsible for ongoing maintenance of facilities, as well as capital construction of facilities. Page 12 of 35 Council Member Wyatt questioned the impact on economic development in the City of Roanoke if a storm water utility fee is enacted which could provide a disincentive for businesses to locate in the Roanoke area; whereupon, the City Manager advised that the question is, does the City of Roanoke want to address the problem in an aggressive way and, if so, what is the vehicle to be used. She stated that the real estate tax could be one means, or City staff could be directed to cut their operating budget by ten per cent, or a utility tax could be imposed. She added that it is important to think about the price in terms of economic development if storm drain projects are not completed, because if potential businesses visit the community and see standing water, or neighborhoods that are negatively impacted because of water issues, or there is standing water around businesses, that could also be a disincentive to locate in the area, therefore, it is a delicate balance that the City must strive for. The City Manager advised that the question before Council is whether or not Council would like for City staff to spend the amount of time that will be necessary to provide the level of detail that would be needed for the Council to make an informed decision on enacting a storm water utility fee. The Mayor requested additional information with regard to the list of storm drain projects, how long the projects have been pending, and areas of the City that will be affected. Ms. Wyatt requested information on the cost of a study. Without objection by Council, the Mayor advised that the briefing would be received and filed. DEBT POLICY-DIRECTOR OF FINANCE-BONDS: The Director of Finance presented a briefing on debt policy for the City of Roanoke. He advised that one of the keys to sound financial management is the development of a debt policy, which is recognized by bond rating agencies and development of a debt policy is a recommended practice by the Government Finance Officers Association. He explained that 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 may be used; the debt policy is intended to demonstrate a commitment to long-term financial planning and will be used in conjunction with the Capital Improvements Programs for both the City and the School Board; and adherence to the debt policy will help assure protection of the City's double-A bond rating credit quality. (For full text, see Guidelines for Debt Issuance on file in the City Clerk's Office.) At 12:05 p.m., the Mayor declared the meeting in recess. Page 13 of 35 At 2:00 p.m., on Monday, April 7, 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 H. Carder, M. Rupert Cutler, Alfred T. Dowe Jr., C. Nelson Harris, Linda F. Wyatt, William D. Bestpitch and Mayor Ralph K. Smith ............................................................................................................ 7. ABSENT: None .................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Smith. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS AND ACKNOWLEDGMENTS: HOSPITALS.SISTER CITIES: The Mayor welcomed Hye-Ryeon Hong, Medical Records Specialist, and Hyun-Sook Jung, 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. The Mayor presented each guest with a crystal star. PROCLAMATIONS: The Mayor presented a proclamation declaring the month of April, 2003, as Scottish American History and Heritage Month. PROCLAMATIONS-HOUSING/AUTHORITY: The Mayor presented a proclamation declaring the month of April, 2003, as Fair Housing Month. PROCLAMATIONS-BUiLDINGS/BUILDING DEPARTMENT: The Mayor presented a proclamation declaring April 6 - 12, 2003, as Building Safety Week. PROCLAMATIONS-YOUTH: The Mayor presented a proclamation declaring April 6 - 12, 2003, as Boys and Girls Club Week. PROCLAMATIONS-COMMUNICATIONS DEPARTMENT: The Mayor presented a proclamation declaring April 13 19, 2003, as National Public Safety Telecommunicator's Week. Page 14 of 35 CONSENTAGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meeting of Council held on Monday, February 3, 2003, and recessed until Tuesday, February 4, 2003; and Tuesday, February 18, 2003, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. Cutler moved that the reading of the minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch, and Mayor Smith ................................................................................................... 7. NAYS: None ........................................................................................ --0. SEWERS AND STORM DRAINS-EASEMENTS: 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 vacation of a sanitary sewer easement across property located on Hidden Oak Road, S. W., identified as Official Tax Nos. 5050220 - 5050222, inclusive, was before the body. Mr. Cutler moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor Smith ................................................................................................... -7. NAYS: None ...................................................................................... -0. Y.M.C.A.-CITY PROPERTY: 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, was before the body. Page 15 of 35 The City Manager advised that 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; according to a draft agreement, the City of Roanoke may transfer 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; and the exchange will support the recently developed Roanoke Youth Initiative Program. Mr. Cutler moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor Smith ............................................................................................ 7. NAYS:None ......................................................................................... 0. COMMITTEES-ROANOKE ARTS COMMISSION: A communication from Robert L. Humphreys tendering his resignation as a member of the Roanoke Arts Commission, was before the body. Mr. Cutler moved that the communication be received and filed and that the resignation be accepted. The motion was seconded Mr. Dowe and adopted by the following vote: AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor Smith .................................................................................................... 7. NAYS: None ........................................................................................ 0. OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORiTY-COMMUNiTY PLANNING-HOTEL ROANOKE CONFERENCE CENTER: The following reports of qualification were before Council: Gilbert E. Butler, Jr., as a member of the City Planning Commission, for a term ending December 31, 2006; D. Kent Chrisman as a member of the City Planning Commission, for a term ending December 31, 2006; Henry Scholz as a member of the City Planning Commission, for a term ending December 31, 2006; Page 16 of 35 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. Mr. Cutler moved that the reports of qualification be received and filed. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members: Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch, and Mayor Smith ........................................................................................... 7. NAYS: None ........................................................................................ 0. REGULAR AGENDA SCHOOLS: It was the consensus of Council that 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.: Dennis M. Binns F. B. Webster Day Tiffany M. Johnson Gloria P. Manns Kathy G. Stockburger David B. Trinkle PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: TAXES-HOUSING/AUTHORITY-HABITAT FOR HUMANITY: David Camper, President of the Board, Habitat for Humanity, advised that Habitat has enjoyed its partnership with the City of Roanoke over many years; whereupon, he presented a ceremonial check demonstrating that Habitat for Humanity has paid $66,000.00 in property taxes and $27,000.00 in building permit fees to the City of Roanoke. He introduced Tom Dalzell, Member of the Board, to present a briefing on house designs. Page 17 of 35 Mr. Dalzell advised that the City of Roanoke recently enacted housing designs for use in the neighborhood design districts, and Habitat for Humanity has worked with the City to establish design standards. He presented an illustration of a two bedroom house which has four different variances in that the eaves can go right to left, or front to back, floor plans can be flipped, the structure has approximately 928 square feet, a living room, two bedrooms with walk-in closets, kitchen and dining room with stove, refrigerator and double sink, one full bathroom, laundry room with a washer and dryer, a gas furnace with air conditioning or a heat pump, gas or electric water heater, a 14' wide x 6' deep front porch, and a rear stoop; and outside amenities will include a detached 8' x 8' storage building, concrete sidewalk, and a gravel driveway. He presented a drawing of a three bedroom house of about 1,148 square feet with living room, foyer, three bedrooms with walk-in closets, kitchen and dining room with stove, refrigerator and double sink, one and one-half bathrooms, laundry room with a washer and dryer, a utility storage room, a gas furnace with air conditioning or a heat pump, gas or electric water heater, the front porch on a three or four bedroom house is 22' wide x 6' deep, a rear stoop, and an 8' x 8' outside storage building, a concrete sidewalk, and a gravel driveway. He advised that although no two story houses have been constructed, two plans are available, and presented a drawing for a two-story, th ree bedroom house with approximately 1,142 square feet, living and dining room, kitchen with stove, refrigerator and double sink, a pantry, a half bathroom on the downstairs level, laundry room with washer and dryer, a gas furnace or heat pump, gas or electric water heater, a front porch of 20' wide x 8' deep, and a 10' wide x 8' deep rear porch; the second floor contains three bedrooms, a full bathroom, an extra sink off the master bathroom, and a loft area, an 8' x 8' outside covered storage building, concrete sidewalk and gravel driveway. He presented a drawing of a two story house with living space of about 1,190 square feet, with a living room and dining room, kitchen with appliances, pantry, a half bathroom downstairs, three bedrooms on the second floor with walk in closets, a full bathroom, a laundry room with washer and dryer, an outside 8' x 8' storage shed, concrete sidewalk and gravel driveway. He noted that the first house using the new design is being constructed on Aspen Street, N. W., which will be a four bedroom structure. Ms. Beverly Shumar, a soon to be Habitat for Humanity homeowner, advised that Habitat has given her a chance to own something besides her vehicle. She stated that she has watched family after family and generation after generation move into Section 8 subsidized housing because that was all they could afford, and because of Habitat for Humanity they have learned how to work out finances and how to work together, leading to a life of self-sufficiency. She stated that she looks forward to moving into her new home, it gives her peace of mind to know that the house will belong to her, and Habitat for Humanity has made safe living affordable for her. Page 18 of 35 YOUTH: Ms. Denesha Johnson, Team Leader, advised that she is a resident of the City of Roanoke and a senior at William Fleming High School, and expressed appreciation for the opportunity to present information with regard to National Youth Services Day, which will be held on Saturday, April 12, 2003, at the Roanoke Higher Education Center, at 9:00 a.m. She invited Council Members to attend activities on April 12 and to join in volunteer projects between 10:00 a.m. and 2:00 p.m., to clean up Loudon Park, to paint a mural, to plant a garden at McCray Court, to organize thousands of donations through the "We Care Drive", to clean trains at the Virginia Museum of Transportation, clean up projects at Huff Lane Micro Village and Patrick Henry High School, and to work with children at the Literacy Festival. She stated that participation in National Youth Services Day will provide an opportunity to show Roanoke's youth how much Council believes in them. Marion Vaughn-Howard, Youth Coordinator for the City of Roanoke, introduced members of the Boys and Girls Club who will participate in Youth Services Day by working at Huff Lane Micro Village. SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, presented a briefing on Career and Technical Education for the 21st Century in the City of Roanoke. He advised that efforts are being made in Roanoke City Public Schools to educate students to thrive in a changing economy; the United States economy is changing rapidly in ways that will have disastrous consequences for workers who lack skills that are now necessary for many good jobs; and Roanoke City Schools is committed to making certain that Roanoke City students acquire those skills and graduate from Roanoke's high schools prepared for success. Dr. Harris advised that when visiting Roanoke's schools, one will see a number of programs that resemble vocational programs; 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, reading, writing and communication skills; students must also be able to solve problems, work effectively with diverse groups and use computers; and the school system works closely with employers and organizations such as the Virginia Employment Commission to help the school system set the right course for its students, now and in the future. Superintendent Harris presented an overview of the scope of Career and Technical course offerings: Page 19 of 35 Business offerings grow more complex each year as Roanoke's schools respond to the work needs of the community; and 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. Increasingly, Roanoke is becoming a global community with its economy closely intertwined with the rest of the world; and marketing programs are designed to provide students with training that will allow them to compete in the world marketplace. Technology has forced rethinking of the curriculum to include a variety of courses that focus on engineering and innovative applications of technology. Roanoke's trades and industrial courses, such as welding and automotive technician, allow students to work with industry standard equipment; and these courses sound like the old vocational courses but they, too, have been redesigned to reflect new technology. Dr. Harris advised that the School system is excited about three new courses: Sports, Entertainment and Recreation marketing which allows students to develop skills in marketing analysis, event marketing, communication and human relations; and the program began this year at Patrick Henry High School and will be offered next year at William Fleming. Virtual Enterprise is designed to develop entrepreneurship; beginning next year, students will be involved in web-based business; the 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. 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. Page 20 of 35 It was noted that more students opt to participate in Career and Technical Education courses each year; there has been growth over the past three years and it is projected that student numbers will increase this year; Career and Technical Education courses available to students for college credit include ten courses that may be taken for college credit, which range from welding to international marketing; and benefits of earning college credit while in high school include a "jump start" in college, introduces students to college level work, and financial savings; many students are engaged in on-the-job training programs; in 2000-01 and 2001-02, students earned over half a million dollars, which amount will again increase this year. Dr. Harris advised that Advanced Auto, First Union, Lewis-Gale Hospital and many other area employers train Roanoke students and pay them as they learn; certain fields offer industry certification which says to employers, nationwide, that the student possesses the specialized skills that meet industry specifications; many times, certification counts toward graduation and counts for the Standards of Learning tests; and certification spans the field, from FAA Pilot's licensure to Microsoft Office Specialist. It was explained that an objective of the Career and Technical Program is to connect students with employers; one of the best ways to do so is at the annual Job Fair which will be held on Tuesday, April 8, 2003, at the Roanoke Civic Center, where 65 - 70 employers will participate, typically 100 students attend, and last year, 38 students were offered jobs. In summary, Dr. Harris advised that enrollment has increased, college credit courses have been expanded, industry certification programs are added each year and students develop a relationship with employers. He stated that Career and Technical Education impacts the learning and earning potential of Roanoke City students; and goals of the program are to provide students with 21st century workplace skills, to enhance the career and earning potential of students, and to partner with businesses in the region to impact economic development. Council Member Cutler advised that at its 9:00 a.m. work session, Council received a briefing by the City's Fleet Manager who stated that auto body shop students have repaired City vehicles, leading to considerable cost savings for the City of Roanoke, and benefits for both the City and the students. He inquired as to the future of the Blue Ridge Technical Academy; whereupon, Dr. Harris advised that the facility has a bright future, the facility has not attracted the number of students that were initially envisioned, it was intended to be a regional facility with an enrollment in excess of 200 students by the third year, however, 40 students are currently enrolled, the majority of which are Roanoke City students; and although some adjustments have been made, the program is still alive and well, and there is a commitment to continue the philosophy of the program and to expose young people to the five job force areas that the program was intended to address. Page 21 of 35 AIRPORT-BUDGET: A communication from Jacqueline L Shuck, Executive Director, Roanoke Regional Airport Commission, advising that in accordance with requirements of the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the Roanoke Regional Airport Commission is submitting its Fiscal Year 2003.04 Operating Budget for approval, which budget was adopted by the Airport Commission at its meeting on March 12, 2003; and the Commission is also submitting a separate list of Capital Expenditures which are expected to exceed $100,000.00 in cost and are intended to benefit five or more future accounting periods, was before Council. Mr. Carder offered the following resolution: (#36270-040703) A RESOLUTION approving the Roanoke Regional Airport Commission's 2003-2004 proposed operating and capital budget, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 97, page 178.) Mr. Carder moved the adoption of Resolution No. 36270-040703. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor Smith ........................................................................... ? NAYS- None ............................. · mmmmm mmmm mmmmm .mmmm .mmmmm.m..mm mmmmm m..m.mmmmm..mmmm.mmmmm..Om REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-FDETC-ENTERPRISE ZONE-FIRST UNION NATIONAL BANK: The City Manager submitted a communication advising that 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 provides that First Union is responsible for repaying $400.00 for each position below 420; a compliance review noted that 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 $31,200.00 representing repayment for 78 positions. Page 22 of 35 The City Manager recommended that Council appropriate $31,200.00 of First Union repayment funds to the Enterprise Zone Training Incentive Fund, Account No. 008-310-9630, to further the goals of the Enterprise Zone program; and establish a revenue estimate of $31,200.00 in the "First Union Job Grant Repayment" revenue account. Mr. Cutler offered the following ordinance: (#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. (For full text of Ordinance, see Ordinance Book No. 97, page 179.) Mr. Cutler moved the adoption of Ordinance No. 36271-040703. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor Smith ..................................................................................................... 7. NAYS: None ........................................................................................ -0. The City Manager was requested to provide a brief description of how the funds will be used; whereupon, she advised that no specific use has been identified, however, funds could be used as an incentive to a subsequent business that might be interested in receiving training incentive funds. BUDGET.FIRE DEPARTMENT-LANDMARKS/HISTORIC PRESERVATION: The City Manager submitted a communication in connection with restoration of the Fire Station No. I bell tower roof, cornice, entablature, and tower brackets, which is located at 13 East Church Avenue in downtown Roanoke; and 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 bell tower. It was further advised that funding for the project is available in Fixed Asset Maintenance, Account No. 001-440-4330-3057, in the amount of $25,000.00 and Maintenance CMERP, Account No. 001-440-4330-9132, in the amount of $20,465.00; additional funding would be required to accomplish all of the recommended work in one phase and total funding in the amount of $169,965.00 is needed; additional funding is available in the General Fund Reserve, Account No. 001-300-9410.2197, in the amount of $124,500.00; and included in 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. Page 23 of 35 The City Manager recommended authorization to transfer $124,500.00 from the General Fund Reserve Account to Maintenance CMERP, Account No. 001-440-4330. 9132. Mr. Carder offered the following ordinance: (#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. (For full text of Ordinance, see Ordinance Book No. 97, page 180.) Mr. Carder moved the adoption of Ordinance No. 36272-040703. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor Smith .................................................................................................. 7. NAYS: None .......................................................................................... 0. BUDGET-BRIDGES: The City Manager submitted a communication advising that Council recently approved one-way vehicular and pedestrian concept design for renovation of the First Street Bridge, at an estimated cost of $2,390,100.00, and partial funding in the amount of $750,000.00 has been appropriated; the City is negotiating with Norfolk Southern Railway to pay $275,000.00 as the cost for removal of its signals from the bridge; and additional funding in the amount of $1,365,100.00 needed for bridge renovation is available in the General Fund Reserve Account. The City Manager recommended that Council transfer $1,365,100.00 from General Fund Reserve, Account No. 001-300-9410-2197, to First Street Bridge, Account No. 008-052-9574. Mr. Dowe offered the following ordinance: (#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. (For full text of Ordinance, see Ordinance Book No. 97, page 181.) Mr. Dowe moved the adoption of Ordinance No. 36273-040703. The motion was seconded by Mr. Cutler and adopted by the following vote: Page 24 of 35 AYES: Council Members Carder, Cutler, Dowe, Harris, and Bestpitch ........... 5. NAYS: Council Member Wyatt and Mayor Smith .......................................... -2. PURCHASE/SALE OF PROPERTY-FIRE DEPARTMENT: The City Manager submitted a communication advising that funding has been approved by Council for development of a new fire station/fire administration headquarters building which will also combine current Fire Stations Nos. 1 and 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; and one parcel, identified as Official Tax No. 1020310, at the corner of Elm Avenue and Franklin Road, S. W., needs to be acquired for the project. It was further advised that authorization by Council is necessary in order to move forward with procurement of title work and document preparation related to acquisition of the necessary property rights; and funding of $145,000.00 for the purchase price, plus approximately $5,000.00 for related expenses, is available in Capital Project Account No. 008-530-9678-9050, Fire/EMS Facility Improvement Program. The City Manager recommended that she be authorized to acquire ail property rights as stated above, subject to an acceptable title report; and 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. Mr. Carder offered the following ordinance: (#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. (For full text of Ordinance, see Ordinance Book No. 97, page 182.) Mr. Carder moved the adoption of Ordinance No. 36274-040703. The motion was seconded by Mr. Dowe. Council Member Bestpitch advised that he intended to support the ordinance; however, he previously questioned whether the plans include construction of over night sleeping quarters for flrefighters on the same floor level that equipment will be stored. The City Manager responded that housing will be located on the second floor and administrative activities will be housed on an upper floor. Page 25 of 35 Mr. Bestpitch stated that he was of the impression that the City decided some time ago that new fire stations would be constructed with sleeping quarters and equipment on the same level to prevent accidents in the middle of the night when calls come in, and requested that the City Manager review the matter. He referred to a previous suggestion to eliminate the eastern most lane on Franklin Road, thereby enabling lanes to be shifted over, and extra land along the edge of the property would be available to accommodate design of a building that would allow sleeping quarters for staff to be located on the same level as equipment. The City Manager advised that she was unfamiliar with a plan to locate sleeping quarters and equipment on the same level; fire stations constructed throughout the State of Virginia in the last several years continue to use the second floor for living quarters in order to keep activities separate, because there are times when certain pieces of equipment and staff are sent out, while others are given the opportunity to remain at rest, however, she would discuss the matter with the Fire Chief. With regard to the Franklin Road issue, she stated that the City is discussing the matter with the Virginia Department of Transportation, there will be a need to shorten a median in order to create an appropriate turning radius for fire apparatus entering Franklin Road, and the first step is to acquire the necessary land which could modify the way that the City is looking at the entire project. Ordinance No. 36274-040703 was adopted by the following vote: AYES: Council Members Carder, Cutler, Dowe, Harris, Bestpitch, and Mayor Smith .................................................................................................. 6. NAYS: Council MemberWyatt .................................................................... 1. INSURANCE-CITY EMPLOYEES: The City Manager submitted a communication advising that 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; and no additional costs will be incurred as a result of the Business Associate Agreements, or amendments to the plans; however, contracts to administer the plans and the Business Associate Agreements contain standard mutual indemnity provisions. The City Manager recommended that she be authorized to execute Business Associate Agreements with Anthem Health Plans of Virginia, Palmer & Cay Consulting Group, Ceridian Corporation, 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. Page 26 of 35 Mr. Dowe offered the following resolution: (#36275-040703) A 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. (For full text of Resolution, see Resolution Book No. 97, page 183.) Mr. Dowe moved the adoption of Resolution No. 36275-040703. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor Smith .................................................................................................... 7. NAYS: None ...................................................................................... 0. PURCHASE/SALE OF PROPERTY-BUDGET-WATER RESOURCES: The City Manager submitted a communication advising that 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; and although the water emergency is currently over, these water supply projects are at various stages of completion. It was further advised that to date, the Utility Department has expended, or committed capital costs and services, in the amount of $427,302.00 in connection with a contract with Golder Associates Inc., for well site exploration, testing, drilling and development; and a contract change order in the amount of $369,835.00 is required to complete the work which, in addition to the well construction, includes a preliminary design report for a well water softening system. It was explained that an option agreement to purchase a portion of the property located at 1905 Riverdale Road, S. E., from a private individual to be used as a well site has been agreed to by the landowner, at an option cost of $2,000.00, which will be applied to the purchase price of $20,000.00 if the City elects to purchase the property; purchase of the site will occur only if a well can be successfully completed at the site; and the City is responsible for closing the test well and restoring the site if the option agreement is not exercised. Page 27 of 35 It was noted that funding has previously been approved and is available in Capital Account No. 002-530-8408-9003; with the recent water rate increase, additional revenue in the amount of $300,000.00 may be estimated for fiscal year 2003; certain professional consulting services, such as rate studies and appraisals, will be needed to assist in creation of the regional water and wastewater authority; and the additional revenue is recommended for appropriation for such purposes. The City Manager recommended that she be authorized to execute a change order, in the amount of $369,835.00, to the existing contract with Golder Associates, Inc., to provide consulting and well drilling services, and to provide consulting services for a preliminary engineering report for a well water softening system; to execute an option agreement to purchase the above described well site property, and subsequent documents to purchase such property, if such option is exercised; and to take such further action and to execute such further documents as may be necessary to implement and administer the above described work and, if appropriate, any other necessary documents to acquire the above described well site property; that Council increase revenue estimates for fiscal year 2003 by $300,000.00, as follows: (1) Commercial $113,743.00, (2) Industrial $14,645.00, (3) Domestic $171,612.00; and that Council appropriate $100,000.00 to Capital Account No. 002-530-8408-9003, Well Construction and $200,000.00 for consulting services, to assist with creation of the regional water and sewer authority, to an account to be established by the Director of Finance in the Water Fund. Mr. Cutler offered the following ordinance: (#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. (For full text of Ordinance, see Ordinance Book No. 97, page 184.) Mr. Cutler moved the adoption of Ordinance No. 36276-040703. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch, and Mayor Smith .................................................................................................. 7. NAYS: None .......................................................................................... -0. Mr. Carder offered the following ordinance: Page 28 of 35 (#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. (For full text of Ordinance, see Ordinance Book No. 97, page 185.) Mr. Carder moved the adoption of Ordinance No. 36277-040703. The motion was seconded by Mr. Cutler and adopted by the following vote: AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch, and Mayor Smith .................................................................................................. 7. NAYS: None .......................................................................................... 0. Mr. Bestpitch offered the following ordinance: (#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. (For full text of Ordinance, see Ordinance Book No. 97, page 186.) Mr. Bestpitch moved the adoption of Ordinance No. 36278-040703. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch, and Mayor Smith ............................................................................................ 7. NAYS: None .......................................................................................... -0. CITY ATTORNEY: DIRECTOR OF FINANCE-CITY CODE-REAL ESTATE VALUATION-CITY EMPLOYEES: The City Attorney submitted a written report advising that during Council's meeting on March 3, 2003, he 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; whereupon, he transmitted the measure for Council's consideration. Page 29 of 35 Mr. Cutler offered the following ordinance: (#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. (For full text of Ordinance, see Ordinance Book No. 97, page 187.) Mr. Cutler moved the adoption of Ordinance No. 36279-040703. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor Smith ................................................................................................... 7. NAYS: None ........................................................................................... 0. 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 February 2003. There being no questions, and without objection by Council, the Mayor advised that the Financial Report for February 2003 would be received and filed. DEBT POLICY: The Director of Finance submitted a written report advising that 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 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; and City Council originally adopted the City's debt policy in September 1999. It was further advised that 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 the City's financial advisor and analysts at the municipal bond rating agencies, several enhancements and revisions have been made to the City's debt policy, as follows: Page 30 of 35 Added guidance concerning investment policy for proceeds from bond issuance, such guidance is similar to that typically recommended for municipal investment. Removed the self-imposed target of net debt per capita of $2,000.00; few comparative cities within the First Cities Coalition utilized this target; and addition of the self-imposed target of principal redemption within a ten year period equal to 50 per cent, or more, of aggregate outstanding principal. Added language to clarify occasions when the City may issue debt through a method other than competitive sale; added guidance concerning the savings which should be targeted in order to justify an advance refunding of debt. The Director of Finance explained that changes and enhancements are important in allowing the City to continue to demonstrate a commitment to long-term financial planning; and the debt policy will continue to be used in conjunction with the Capital Improvement Programs for both the City and the School Board; and adherence to the policy will help to assure protection of the City's double-A bond rating credit quality into the future. The Director of Finance recommended that Council adopt a measure amending the City's Debt Policy as above described. Mr. Bestpitch offered the following resolution: (#36280-040703) A RESOLUTION approving and adopting a Debt Policy for the City of Roanoke. (For full text of Resolution, see Resolution Book No. 97, page 188.) Mr. Bestpitch moved the adoption of Resolution No. 36280.040703. The motion was seconded by Mr. Dowe and adopted by the following vote: Page 31 of 35 AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch, and Mayor Smith ................................................................................................... 7. NAYS: None ........................................................................................... 0. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: STATE HIGHWAYS-SIGNSIBILLBOARDSIAWNINGS: Council Member Dowe referred to increased traffic, supposedly due to increased residential and business activity in the Colonial Avenue area, and advised that during peak times of traffic, many drivers who are familiar with the Colonial Avenue Exit on 1-581 begin to exit on the shoulder of the road. However, he expressed concern for those drivers who are not familiar with the road and may by-pass the exit; whereupon, he requested that the City Manager investigate the matter to determine if appropriate signage could be installed to alert motorists to begin to exit at a certain point prior to the actual off ramp at the 1-581 Colonial Avenue Exit. ACTS OF ACKNOWLEDGMENT-UTILITIES-WATER RESOURCES: 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. CITY COUNCIL-TREES: Council Member Cutler advised that the City's new Urban Forestry Plan will be included on the April 21,2003 City Council agenda for consideration, which calls for aggressive reforestation in the City of Roanoke. HOCKEY-SPORTS ACTIVITIES: 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 Roanoke Express is successful, the team will proceed to the second round of playoffs. Page 32 of 35 COUNCIL: Mayor Smith advised that those persons who regularly attend City Council meetings are familiar with the process enacted by Council to address certain issues; the time allotted for persons to speak, depending on the number of persons who have signed up to speak on any one issue; and efforts are made to treat all persons equally. He called attention to a recent incident when a speaker targeted a certain Member of Council; whereupon, he noted that Council should be addressed as a whole and in a constructive manner. He encouraged all persons to think about what is being said and presented to the citizens of Roanoke, because their statements are a reflection of what Roanoke is as a City. He advised that he introduces speakers in the order in which they register to speak; however, there was an occasion at the last Council meeting when a speaker deferred to speak when called upon; by deferring, the individual was allowed to speak later in the meeting; and in the future, with the concurrence of Council, all speakers will be recognized in the order that they registered, and if an individual defers to speak at the appropriate time, or if a speaker is out of the Council Chamber when his or her name is called, the individual will forgo the opportunity to speak. 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-STATE HIGHWAYS-ROANOKE CIVIC CENTER-SNOW REMOVAL-SCHOOLS: 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 staffed 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. COMPLAINTS: Mr. Robert Gravely, 3360 Hershberger Road, N. W., quoted Bible scripture, and referred to his Constitutional rights with regard to freedom of speech. POLICE DEPARTMENT-ANIMALS/INSECTS: Ms. Tracey Hamblin, 628 Day Avenue, S. W., advised that on March 11, 2003, a neighbor's dog was shot by a City Animal Control Officer. She noted that the Animal Control Officer stated that the dog charged him, however, that is not an accurate assessment of the situation. She stated this was an unfortunate situation, there has been no contact by the City with the owner of the dog, and the family lost a cherished member of their family. She expressed concern for the safety of her family, had one of her children decided to Page 33 of 35 run out of the house at the same time that the animal was shot. She stated that the entire neighborhood is upset about the incident, and advised that a petition will be submitted at the next meeting of Council signed by persons residing in the neighborhood who are concerned about the incident and the City's lack of response. Ms. Doretha Lipford, 629 Day Avenue, S. W., owner of the dog, expressed concern that she has not received an explanation as to why the Animal Control Officer shot her pet, nor has she received an apology. She stated that her dog was loved by her neighbors, he was gentle and he played with neighborhood children. She advised that she would bear part of the blame because her dog was unleashed at the time of the incident. Ms. Stephanie Lipford, 629 Day Avenue, S. W., also expressed concern that her dog was shot without reason and no apology has been received from the Animal Control Officer who was responsible. CITY MANAGER COMMENTS: CITY MARKET-ACTS OF ACKNOWLEDGMENT: The City Manager called attention to three occasions over the past 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, which demonstrated the level of volunteerism by persons committed to cleaning up the City of Roanoke; remarks by Alex Garvin, Adjunct Professor, Urban Planning and Management, Yale University, and a member of the 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. At 3:45 p.m., the Mayor declared the meeting in recess for four Closed Sessions. At 5:00 p.m., the meeting reconvened in the Council Chamber, Mayor Smith presiding, and all Members of the Council in attendance, with the exception of Council Member Carder, who left the meeting during the Closed Session. Page 34 of 35 COUNCIL: With respect to the Closed Meeting just concluded, Mr. Cutler moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch and Mayor Smith ................................................................................................... 6. NAYS: None .......................................................................................... -0. (Council Member Carder was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Arts Commission, created by the resignation of Will Trinkle, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Kristi Pendelty. There being no further nominations, Ms. Pendelty was appointed as a member of the Roanoke Arts Commission, for a term ending June 30, 2004, by the following vote: FOR MS. PEDELTY: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, and Mayor Smith .............................................................................................. 6. NAYS: None .......................................................................................... -0. (Council Member Carder was absent.) There being no further business, at 5:10 p.m., the Mayor declared the meeting 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. Page 35 of 35 The City Manager advised that there are certain pieces of equipment that are proposed for elimination or transfer to the motor pool in the 2004 fiscal year budget, and in those departments where there is an occasional use of a piece of equipment, such specific budgets will include rental dollars because the equipment cannot be taken away without making provision for the cost of rental. She stated that the City's philosophy is that if the equipment is not needed at least 90% of the year, it should not be retained. The City Manager called attention to two areas of privatization under consideration; i.e: continuation of the washhouse facility and whether or not it would be less expensive to contract for City vehicles to go through a type of automated wash, while retaining the washhouse for larger vehicles that need to be cleaned on a daily basis, such as those used for Solid Waste Collection; and the issue of gasoline dispensing because there is a lot of lost time in vehicles going to one or more locations for gas. She stated that much progress has been made in Fleet Management considering some of the challenges that the department faced, the department has benefitted significantly from input by City staff who are challenged to be the very best, and given more time, additional successes in Fleet Management will be identified and presented to the Council. There was discussion in regard to environmental issues, whether Fleet Management has an emissions policy, and actions taken by the department to reduce air pollution from City vehicles; and to acquire higher mileage vehicles, or hybrid vehicles using biodiesel fuel; whereupon, Mr. Frazier advised that staff is investigating the use of biodiesel fuel to determine the long term maintenance effects, additional costs if any to vehicles, needed modifications to certain vehicles, additional expenses to be incurred, and local availability of biodiesel fuel. He stated that by using a fuel emissions tester, the fuel system and fuel emissions can be tested to determine whether a vehicle is in compliance with OSHA standards, and Roanoke is now 14,000 to 1 environmentally compliant, which means that the City of Roanoke meets the standards to be certified by the State of Virginia. He added that Fleet Management has become the lead department for environmental concerns, particularly hazardous wastes, and will serve as a model for all other City departments; and the department is also a member of the environmental management system team. He stated that when City vehicles are replaced, staff reviews such issues as gas mileage, annual maintenance costs, and annual down time for repairs. A question was raised in regard to cooperative efforts with the School system; whereupon, Mr. Frazier advised that staff is working with school officials on an arrangement whereby students can work in the City Garage. He referred to a recent incident in which a City vehicle was painted and repaired by students at a cost of $200.00 for materials, while the same improvements would have cost in the range of $1,500.00 through a private vendor. H:\Minutes.01\04-07-03.wpd P~tgc 9 0~' 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 May 5, 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: Sale of City Owned Property The City of Roanoke Department of Economic Development staff has been negotiating with a potential buyer of Tract F at the Roanoke Centre for Industry and Technology (ROIT.) In order to option or sell property a public hearing is required under the Virginia Code. Recommended Action: Authorize the scheduling and advertising of this matter for a public hearing on your May 19, 2003 agenda to provide for an option or sales agreement for Tract F at RCiT. Respectfully submitted, Darlene L. Burcham City Manager DLB:ean C: Mary F. Parker, City Clerk William M Hackworth, City Attorney Jesse A. Hall, Director of Finance Elizabeth Neu, Director of Economic Development CM003-00075 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 9, 2003 File ¢f-467 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Cindy H. Lee, Clerk Roanoke City School Board Roanoke, Virginia Dear Cindy: I am enclosing Oaths of Office for School Trustees-Elect Gloria P. Manns, Kathy G. Stockburger and David B. Trinkle. Please let me know if the presiding Judge would like to make any changes prior to the Investiture Ceremony. With kindest regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures N:\CKMHl~Agenda.O3\May 5, 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 Telephone: (540) 853-2541 Fax: (540) 853-1 I45 E-mail: clerk@ci.roanoke.va.us May 9, 2003 File #15-110-467 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Ms. Gloria P. Manns 1727 Staunton Avenue, N. W. Roanoke, Virginia 24017 Dear Ms. Manns: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 5, 2003, you were reappointed as a Trustee of the Roanoke City School Board for a term of three years, commencing July 1,2003, and ending June 30, 2006. Please find enclosed a Certificate of your reappointment. Your Oath of Office has been forwarded to Dr. E. Wayne Harris, Superintendent of Roanoke City Public Schools, for appropriate handling prior to commencement of your term of office on July 1. You are requested to return one copy of the Oath of Office to the undersigned prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3700, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. On behalf of the Mayor and Members of the Roanoke City Council, thank you for your willingness to continue your service to the City of Roanoke as a Trustee of the Roanoke City School Board. MFP:mh Mary F. Parker, CMC City Clerk Enclosure pc; Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24017 N:\CKMHl\SchooL03\New School Board Trustees.wpd COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) i, Mary F. Parker, City Clerk, and as such City Clerk of the Council 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 5th day of May, 2003, GLORIA P. MANNS was reappointed as a Trustee of the Roanoke City School Board for a term of three years, commencing July 1, 2003, and ending June 30, 2006. Given under my hand and the Seal of the City of Roanoke this 9th day of May, 2003. City Clerk N:\CKMH 1 \School.03\New School Board Trustees.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanok¢.va.us May 9, 2003 File #15-110-467 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Kathy G. Stockburger 2506 Cornwallis Avenue, S. E. Roanoke, Virginia 24014 Dear Ms. Stockburger: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 5, 2003, you were appointed as a Trustee of the Roanoke City School Board for a term of three years, commencing July 1, 2003, and ending June 30, 2006. Please find enclosed a Certificate of your appointment. Your Oath of Office has been forwarded to Dr. E. Wayne Harris, Superintendent of Roanoke City Public Schools, for appropriate handling prior to commencement of your term of office on July 1. You are requested to return one copy of the Oath of Office to the undersigned prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3700, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. On behalf of the Mayor and Members of the Roanoke City Council, thank you for your willingness to serve the City of Roanoke as a Trustee of the Roanoke City School Board. Sincerely, MFP:mh Mary F. Parker, CMC City Clerk Enclosure pc: Gloria P. Manns, Chair, Roanoke City School Board, 1727 Staunton Avenue, N. W., Roanoke, Virginia 24017 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24017 N:\CKMHI\SchooL03\New School Board Trustees.wDd COMMONWEALTH OF VIRGINIA CITY OF ROANOKE To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the Council 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 5th day of May, 2003, KATHY G. STOCKBURGER was appointed as a Trustee of the Roanoke City School Board for a term of three years, commencing July 1,2003, and ending June 30, 2006. Given under my hand and the Seal of the City of Roanoke this 9th day of May, 2003. City Clerk N:\CKMHl\School.O3\New School Board Trustees.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) 883-2541 F~x: {540) 853-1145 E-mail: clerkC~ci.roanoke.va.us May 9, 2003 File #15-110-467 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. David B. Trinkle 2855 South Jefferson Street Roanoke, Virginia 24014 Dear Mr. Trinkle: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 5, 2003, you were appointed as a Trustee of the Roanoke City School Board for a term of three years, commencing July 1,2003, and ending June 30, 2006. Please find enclosed a Certificate of your appointment. Your Oath of Office has been forwarded to Dr. E. Wayne Harris, Superintendent of Roanoke City Public Schools, for appropriate handling prior to commencement of your term of office on July 1. You are requested to return one copy of the Oath of Office to the undersigned prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3700, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. On behalf of the Mayor and Members of the Roanoke City Council, thank you for your willingness to serve the City of Roanoke as a Trustee of the Roanoke City School Board. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Enclosure pc: Gloria P. Manns, Chair, Roanoke City School Board, 1727 Staunton Avenue, N. W., Roanoke, Virginia 24017 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24017 N:\CKMHl\School.03\New School Board Trustees.wpd COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Councit which was held on the 5th day of May, 2003, DAVID B. TRINKLE was appointed as a Trustee of the Roanoke City School Board for a term of three years, commencing July 1,2003, and ending June 30, 2006. Given under my hand and the Seal of the City of Roanoke this 9th day of May, 2003. City Clerk N:\CKMHI\SchooL03\New School Board Trustees.wpd RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 May1,2003 Council Members: William D. Bcstpitch William H. Carder M. Rupert Cutler Alfred T. Dowc, Jr. C. Nelson Harris Linda F. Wyatl The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: It is with deepest regrets that I submit my resignation as a Member of the Roanoke City Council, effective May 16, 2003. One of the highlights of my life has been to serve the great citizens of the City of Roanoke as Vice-Mayor and as a Member of City Council for the past several years. I have had the pleasure of working with one of the finest Councils in the history of our City and a City management team and City employees who strive every day to make our City a better place to live and work. My wife Chris and I may be leaving the City of Roanoke to pursue other ventures, but our hearts will remain in the Star City. We wish only the best for the great citizens of Roanoke, the Mayor and Members of City Council, and the City staff. With kindest regards, I am Sincerely, William H. Carder Council Member WHC:mh N:\CKMH l\Council.03\Carder~Carder Resignation.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 9, 2003 File #262-467-472 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. 36294~050503 authorizing donation of 21 Apple iMac computers that no longer meet the minimum specifications for personal computer in the library system to West Side Elementary School. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 5, 2003. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc: Gloria P. Manns, Chair, Roanoke City School Board, 1727 Staunton Avenue, N. W., Roanoke, Virginia 24017 Cindy H. Lee, Clerk, Roanoke City School Board Jesse A. Hall, Director of Finance Barry L. Key, Director, Office of Management and Budget Roy M. Mentkow, Acting Director, Department of Technology Robert H. Bird, Acting Manager, Purchasing N:\CKMHl~Agenda.03\May 5, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of May, 2003. No. 36296-050503. A RESOLUTION authorizing the donation of 21 Apple iMac computers that no longer meet the minimum specifications for personal computer in the library system to West Side Elementary School. BE IT RESOLVED by the Council of the City of Roanoke that Council hereby authorizes the donation of 21 Apple iMac Computers to West Side Elementary School in accordance with the recommendation contained in the City Manager's letter to Council dated May 5, 2003. ATTEST: City Clerk. H:~leasures\domtlion of imae computers to west side.doc CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.ro~nokegov.com May 5, 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 Council: Subject: Donate Apple 'iMac' Computers to Westside Elementary School. Background: There are twenty-one (21) Apple iMac computers in the library branches that no longer meet the minimum specifications for personal computers (PCs) in the library system and need replacement. Both Department of Technology and City of Roanoke Library staff recommend the replacement of these Apple computers with Windows-based PCs based on the following criteria: · Apple computers are not supported by the Department of Technology and can be replaced with Windows-based PCs as part of the city's PC Replacement Program; · Apple iMac computers do not support as wide a range of software applications as Windows-based computers; · Observations from library staff that patrons will wait for a Windows-based PC to become available even when there are iMacs ready to be used and that patrons will often request to change from an iMac to a Windows- based PC when one becomes available; · Patrons tend to avoid iMacs due to the fact they are not as widely used in businesses or other institutions; Honorable Mayor and Members of City Council May 5, 2003 Page 2 · The price of most software applications is less expensive for Windows- based PCs than iMacs; · The Intemet filtering software the library uses is only supported on Windows-based computers. The City is able to provide Apple computer capability at library branches through the installation of 'Appleworks' software installed on standard PCs. 'Appleworks' can be purchased for under $40 per copy and will initially be installed on one PC in each library branch. If need dictates, we will add additional 'Appleworks' licensed PCs. In evaluating the best possible usage of the Apple computers, it is recommended that these PCs be donated to the City school system for use at Westside Elementary School. At Westside Elementary they could be put to good use by introducing students in grades 2-5 to computer basics. The approximate value of these 21 Apple computers is $5,250. Recommended Action(s): Authorize the donation of the 21 Apple computers to the City of Roanoke Schools for use at Westside Elementary School to expand, enhance and expose technology to the City's elementary school students. Darlene L. Burcham City Manager DLB:kc C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Roy Mentkow, Acting Director of Technology Barry L. Key, Director of Management and Budget Robert Bird, Acting Manager, Purchasing CM03-00068 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 9, 2003 File #60-188-383 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. 36295-050503 amending and reordaining cedain sections of the 2002-03 General and Department of Technology Funds Appropriations, providing for appropriation of funds in connection with completion of the Wireless Phase II, E-911 Service; 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, May 5, 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 Barry L. Key, Director, Office of Management and Budget Roy M. Mentkow, Acting Director, Department of Technology Ronald L. Wade, Superintendent, E911 Center N:\CKMHl~Agenda.03\May 5, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of May, 2003. No. 36295-050503. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 General and Department of Technology 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 Department of Technology Funds Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Safety E-911 Wireless (1) ...................................................................... $ 46,452,177 201,36O Revenues Other Categorical Aid $ E-911 Wireless (2) ...................................................................... Department of TechnoloRy Fund Appropriations Capital Outlay $ E-911 Upgrades to Software and Hardware (3) .......................... Revenues 16,408,309 200,846 13,426,341 357,637 Nonoperating $ 1,061,979 Virginia State E-911 Services Board (4) ...................................... 51,847 1) Telephone (001-430-4131-2020) $ 13,679 2) E-911 Wireless (001-110-1234-0654) 13,679 3) Appropriation From State Grant Funds (013-430-9870-9007) 51,847 4) Virginia State E-911 Services Board (013-110-1234-1355) 51,847 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com May 5, 2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William E. 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: Wireless E911 Funding Background: The State of Virginia mandated that localities take responsibility for answering wireless 15911 calls instead of them being routed and answered by the State Police. The Virginia State Wireless 15911 Services Board provides funding to the localities for equipment and limited salaries to provide this service by collecting seventy five (75) cents per month from each wireless telephone user. On February 26, 2003, the Virginia State Wireless E911 Services Board awarded the City of Roanoke an additional $65,526 for fiscal year 2002-2003 to complete Wireless Phase II. Wireless Phase II, which provides the location of the caller is scheduled for implementation by December, 2003. There is no requirement for matching funds. Recommended Action: Accept the funding of $65,526 from the Virginia State Wireless E911 Services Board. Increase the911 Wireless revenue estimate in account 001-110-1234- 0654 by $13,679 and in account 013-110-1234-1355 by $51,847. Appropriate $13~679 to the 15911 Center for telephone charges (001-430-413! -2020), and Mayor Smith and Members of City Council May 5, 2003 Page 2 appropriate $51,847 to the E-911 Upgrades for Hardware/Software capital account to fund hardware and software upgrades (013-430-9870-9007). DLB:kc Respectfully submitted, City Manager c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director of Management and Budget Roy Mentkow, Acting Director of Technology Ron Wade, E911 Center Superintendent CM03-00073 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 9, 2003 File #2-53-166-514 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36296-050503 authorizing the City Manager to make application to the Commonwealth of Virginia Department of Transportation for Industrial Access Road Funds, in an amount up to $450,000.00, with a local cash match of $150,000.00, for roadway construction and improvements to part of Blue Hills Drive in the Roanoke Centre for Industry and Technology, to provide adequate industrial access to a portion of the property in order to provide for new capital investment and development of the property; acknowledging certain requirements for obtaining such funds, including provision of a bond or other security; and authorizing execution of any required documentation on behalf of the City for acceptance of any funds that may be awarded. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 5, 2003. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc; Jesse A. Hall, Director of Finance Elizabeth A. Neu, Director, Economic Development Sarah E. Fitton, Engineering Coordinator N:\CKMHl~Agenda.03\May 5, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of Ymy, 2003. No. 36296-050503. A RESOLUTION authorizing the City Manager to make application to the Commonwealth of Virginia Department of Transportation for Industrial Access Road Funds in an amount up to $450,000.00 for roadway construction and improvements to part of Blue Hills Drive in the Roanoke Centre for Industry and Technology to provide adequate industrial access to part of that property in order to provide for new capital investment and development of such property; acknowledging certain requirements for obtaining such funds, including the provision of a bond or other security; and authorizing the execution of any required documentation on behalf of the City of Roanoke for acceptance of any such funds which may be awarded. WHEREAS, the City of Roanoke desires to facilitate the industrial development of a portion of property located in the Roanoke Centre for Industry and Technology (RCIT) located in the City of Roanoke; and WHEREAS, such property is expected to be the site of new private capital investment in land, building, and manufacturing equipment which will provide substantial employment; and WHEREAS, the existing public road network does not provide for adequate access to this property and it is deemed necessary that improvements be made to a portion of Blue Hills Drive in RCIT; and WHEREAS, the City of Roanoke is requesting that the Commonwealth Transportation Board provide financing from the Industrial, Airport and Rail Access Fund for this project; and WHEREAS, the Council of the City of Roanoke hereby acknowledges that the necessary environmental analysis, mitigation, and fee simple right-of-way for this improvement and utility H:~tMeasures\industrial access funds blue hills drive.doc 1 relocations or adjustments, if necessary, must be provided at no cost to the Industrial, Airport and Rail Access Fund in order to be eligible for such funds; and WHEREAS, the Council of the City of Roanoke acknowledges that the State Environmental Review Process (SERP) must be completed prior to any construction activity on this project as a condition to the use of the Industrial, Airport and Rail Access Fund; and WHEREAS, the Council of the City of Roanoke hereby acknowledges that all ineligible project costs and any other costs not justified by eligible capital outlay will have to be provided from sources other than those administered by the Department of Transportation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke hereby requests that the Commonwealth Transportation Board provide financing from the Industrial, Airport and Rail Access Fund to provide an adequate road along a portion of Blue Hills Drive to certain property located in RCIT, including Tract F and the remaining property in that area, in order to facilitate industrial development and investment in such property, as set forth in the City Manager's letter to Council dated May 5, 2003. 2. The City Manager is hereby authorized to execute and file on behalf of the City of Roanoke any and all appropriate documents required in connection with the application to the Commonwealth of Virginia Department of Transportation for Industrial Access Road Funds in an amount up to $450,000.00, and to execute any documentation necessary for the acceptance of such Industriai Access Road Funds, and to furnish such additional information as may be required by the Commonwealth, all as more particularly set forth in the City Manager's letter to Council dated May 5, 2003. H:kMeasures\industrial access funds blue hills drive.doc 2 3. The Council of the City of Roanoke hereby agrees to provide, if necessary, a bond or other form of security acceptable to the Virginia Department of Transportation in the full amount of the funds approved by Commonwealth Transportation Board and acknowledges that such security may be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur on the portion of Blue Hills Drive for which funds have been provided within five years of the Commonwealth Transportation Board's allocation of funds for such project pursuant to the above request. 4. The form of any agreements for the acceptance of such Industrial Access Road Funds, including the security mentioned above, shall be approved by the City Attorney. 5. Any local matching funds up to $150,000.00 that may be necessary or required by the acceptance of such Industrial Access Road Funds will be made available by subsequent appropriation of Council. ATTEST: City Clerk. H:~VIeasuresXindustrial access funds blue hills drive.doc 3 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 May 5, 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: Application for Industrial Access Program Funds - Blue Hills Drive Extension Blue Hills Drive serves the Roanoke Centre for Industry and Technology (RCIT) providing access for the industries located in RCIT. It has been extended as needed to serve the various parcels as they have been developed. A contract is expected to be executed very soon for the sale of Tract "F". The final section of Blue Hills Drive needs to be extended in order to facilitate the development of the remaining parcels. See Attachment #1 for map showing proposed extension. In order to make application for VDOT Industrial Access Program Funds, Council needs to adopt a resolution requesting funding. Such funding request can be for an amount up to $450,000, with a required local match of up to $150,000. Also, VDOT regulations require that the City of Roanoke provide a bond or other acceptable security to guarantee the VDOT required investment in the project and that any awarded access funds or a portion of them be paid back to VDOT if such investment does not occur within five years. Recommended Action(s): Council adopt a resolution, requesting that the Commonwealth Transportation Board provide financing up to $450,000 from the Industrial, Airport and Rail Access Fund for the extension of Blue Hills Drive, authorize the City Manager to make application for such Mayor Smith and Members of City Council May 5, 2003 Page 2 funds and execute and provide necessary documents for such application, provide for a bond or other security to VDOT, and provide that any required local matching funds will be provided by a subsequent appropriation of Council. Resp, ectfully submitted, Darlene L. Bur~-fiam Git¥ Maria§er DLB/sef Attachment William M. Hackworth, City Attorney Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance Beth Neu, Director, Economic Development Sarah E. Fitton, Engineering Coordinator CM03-00076 Attachment #1 CITY OF R ANOKE Office of the C~ty Clerk Mary F. Parker, CMC City Clerk May 9, 2003 File #24-277-556 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. 36297-050503 amending Section 20-80 of Division 2, Residential Parkinq Permits, of Article IV, Stoppinq, Standinq and Parking, Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, amending the City's residential parking permit system; 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, May 5, 2003, and is in full force and effect upon its passage. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia N;\CKMHl~Agenda.03\May 5, 2003 correspondence.wpd Darlene L. Burcham May 9, 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, Ill, 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 The Honorable David C. Anderson, City Treasurer 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 Jesse A. Hall, Director of Finance A. L. Gaskins, Chief of Police Robert K. Bengtson, Director, Public Works Kenneth H. King, Jr., Manager, Streets and Traffic N:\CKMHl~Agenda.03\May 5, 2003 correspondence,wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2003. No. 36297-050503. AN ORDINANCE amending Section 20-80 of Division 2 Residential Parking Permits, of Article IV, Stopping, Standing and Parking, Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, amending the City's residential parking permit system; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 20-80(d) of Division 2 Residential Parking Permits, of Article IV, Stopping, Standing and Parking, Chapter 20, Motor Vehicles and Traffic. Code of the City of Roanoke (1979), as amended, is amended to read and provide as follows: {}20-80. Permits Generally (d) Permits shall be displayed on the left .... ~. ....... c,~ .... :~,,~ ..~;.,~ passenger window behind the driver in the lower left corner. Visitor passes shall be '~:~-' .... -~ ;- *~-~ ,~0 ....... ;-.~ .... · -,-v.-., .........................hang from the interior rearview mirror with the zone location and expiration date visible from outside the front windshield. *** 2. 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. H:\ORDINANCES\code amendment residential parking-FINAL.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com May 5, 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: Downtown Residential Parking In spring of 2002 City staff presented City Council with information about Downtown Residential Parking. Through a series of meetings with downtown residents and potential downtown residential developers five (5) primary issues were identified as important to residents and developers to support their decision to move into and remain in Downtown: Increase the availability of parking or loading zones, especially between the hours of 6:00 a.m. and 6:00 p.m. This is viewed as particularly desirable for unloading items such as groceries in close proximity to their residences. 2. Allow unrestricted parking in timed parking spaces for nights and weekends. 3. Provide for an enhanced feeling of security along the walking paths between residences and parking areas, as well as in the parking garages themselves. 4. Continue to allow free parking in City-owned parking garages for Downtown residences. 5. Expand the residential permit parking program to include the Downtown Service District (DSD). Honorable Mayor and Members of Council May 5, 2003 Page 2 In response to these five (5) primary issues, the City has reviewed and adjusted loading zones to meet the needs of downtown businesses and residents and have continued to allow unrestricted parking in timed parking spaces for nights and weekends. Downtown residents have continued to park free of charge in City-owned parking garages and these parking areas and walking paths have been monitored by our Police Department and parking facility management company to enhance the security and feeling of security provided to the users of these facilities. City staff recommended that the Residential Permit Parking Program be expanded to include the Downtown Service District (DSD), which City Council approved at their April 1, 2002 meeting. The program expansion within the DSD will establish residential permit parking zones at strategically placed locations for the use of residents that purchase a permit. While existing timed parking restrictions will remain in effect at those locations for use by vehicles without a permit (such as in 15 minute, 30 minute or 1 hour parking zones), the permitted vehicle would have the convenience of parking for up to two-hours (at any time of day) in a permit-parking zone as designated by the City Manager. Therefore, a permitted vehicle will be allowed to park for two hours in these permit parking zones between 7:00 a.m. and 6:00 p.m. thereby allowing a Downtown resident to park from 4:00 p.m. in the afternoon until 9:00 a.m. the following morning without having to move their vehicle. This program includes a $5 fee per residential unit and a limit of one (1) permit per licensed adult resident. Following City Council's approval to implement this program, the Transportation Division completed the parking studies needed to verify the appropriate location of the permit parking zones. The City Treasurer's Office worked to obtain permit parking stickers that would effectively serve this program and determined that an alternative type of sticker would be needed. Therefore, the ordinance that specifically identifies the appropriate placement of the permit on the vehicle must be modified accordingly. The new stickers were received in February and are ready to be distributed to the downtown residents. Immediately following Council's approval of this ordinance modification, the downtown permit parking program will be implemented and available to the public. The appropriate signs, which have been installed and covered, will be uncovered and ready for use later today. Information about the implementation of this program and this pending Council action was delivered to the downtown residents on Friday, April 25, 2003. Therefore, residents have been advised that they can begin picking up permits following the approval of this recommended Council action. Honorable Mayor and Members of Council May 5, 2003 Page 3 Recommended Action: City Council authorize the amendment of the City Code, Division 2, Residential Parking Permits, within Adicle IV, Stopping, Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, to change the requirements pertaining to the display of residential permits and visitor passes. Currently, the Code requires that permits be displayed on the left rear bumper of the resident's vehicle; visitor passes are to be displayed in the left rear window. It is requested that this be changed to provide that permits shall be displayed on the left passenger window behind the driver in the lower left corner, and visitor passes shall hang from the interior rearview mirror with the zone location and expiration date visible from outside the front windshield. Sincerely, Darlene L. Burct~fn City Manager DLB/KHK/gpe C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Kenneth H. King, Jr., Manager, Division of Transportation #CM03-00078 CITY OF RO_/4NOKE Office of the C~ty Clerk Mary F. Parker, CMC City Clerk May 9, 2003 File #60-72-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36299-050503 authorizing acceptance of a grant award under the Temporary Assistance for Needy Families (TANF) Funding for Job Retention and Wage Advancement from the Virginia Department of Social Services, in the amount of $269,312.00, for the purpose of providing job retention and wage advancement of TANF recipients or for former TANF recipients in the period of ineligibility, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 5, 2003. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc; Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Vickie L. Price, Acting Director, Human Services Barry L. Key, Director, Office of Management and Budget N:~CKMHl~Agenda.03\May 5, 2003 correspondence,wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2003. No. 36299-050503. A RESOLUTION authorizing acceptance of a grant award under the Temporary Assistance for Needy Families (TANF) Funding for Job Retention and Wage Advancement fi.om the Virginia Department of Social Services, for the purpose of providing job retention and wage advancement of TANF recipients or for former TANF recipients in the period of ineligibility, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. WHEREAS, the City of Roanoke will be developing a collaborative project combining its allocation of funds from the Federal TANF Grant with those of Botetourt, Craig, Franklin and Roanoke counties for a total of $269,312.00. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant award under the Temporary Assistance for Needy Families (TANF) Funding for Job Retention and Wage Advancement fi.om the Virgiaia Department of Social Services, for the purpose of providing job retention and wage advancement for TANF recipients or for former TANF recipients in the period of ineligibility, in the amount of $269,312.00, as set forth in the City Manager's letter to Council dated May 5, 2003, is hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant, pertaining to the City's acceptance of these funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved by the City Attorney. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 9, 2003 File #60-72-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36298-050503 amending and reordaining certain sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of $269,312.00, in connection with acceptance of a Federal TANF Grant for job retention and wage advancement; 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, May 5, 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 Rolanda B. Russell, Assistant City Manager for Community Development Vickie L. Price, Acting Director, Human Services Barry L. Key, Director, Office of Management and Budget N:\CKMHIV~,genda.O3\May 5, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of May, 2003. No. 36298-050503. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Temporary Assistance for Needy Families (TANF) Hard-to-Serve (1) ....... Revenues Health and Welfare Temporary Assistance for Needy Families (TANF) Hard-to-Serve (2) ....... $4,491,589 269,312 $4,491,589 269,312 1) Fees for Professional Services 2) State Grant Receipts (035-630-8852-2010) (035-630-8852-8852) $ 269,312 269,312 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.r~mnokegov.com May 5, 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: Grant Award for FY'04 Temporary Assistance for Needy Families (TANF) Funding for Job Retention and Wage Advancement Background: The Virginia Department of Social Services has allocated funds from the Federal TANF Grant to eligible state and community-based services. These funds must be used for the purposes of job retention and wage advancement of TANF recipients or for former TANF recipients in the period of ineligibility. The City of Roanoke will be developing a collaborative project combining its allocation of $199,022 with those of Botetourt, Craig, Franklin, and Roanoke counties for a total of $269,312. Considerations: The City of Roanoke will be issuing a Request for Proposals and entering into a contractual agreement with service providers for the delivery of medical assessment services and job development services for hard-to-employ recipients of TANF benefits. Honorable Mayorand Members of Council May 5,2003 Page 2 Recommended Action: Authorize acceptance of the grant award, appropriate TANF funding for job retention and wage advancement totaling $269,312 and establish a revenue estimate of $269,312 in an account established by the Director of Finance in the Grant Fund. Respectfully submitted, Darlene L. Burcham City Manager DLB: vip C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Management and Budget Vickie b Price, Acting Director of Human Services Rolanda B. Russell, Assistant City Manager for Community Development #CM03-00077 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 14, 2003 File #60~67-87 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36301-050503 authorizing the City Manager to enter into an Agreement, and to execute any other documents necessary to implement terms of the Agreement, between the City of Roanoke and eventzone.org ("Event Zone"), a non-profit corporation organized under Section 501(c) of the United States Internal Revenue Code, pertaining to conducting special events and festivals by Event Zone in the City of Roanoke, 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, May 5, 2003, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Stuart Israel, Executive Director, Event Zone, P. O. Box 8276, Roanoke, Virginia 24014 Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Steven C. Buschor, Director, Parks and Recreation Glenn A. Asher, Risk Management Officer Christine P. Powell, Assistant Manager, Civic Facilities N:\CKMHl~Agenda.03\May 5, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of Nay, 2003. No. 36301-050503. AN ORDINANCE authorizing the City Manager to enter into an Agreement, and to execute any other documents necessary to implement the terms of the Agreement, between the City of Roanoke and eventzone.org ("Event Zone"), a non-profit corporation organized under Section 501(c) of the United States Internal Revenue Code, pertaining to the conducting of special events and festivals by Event Zone in the City of Roanoke, and dispensing with the second reading of this ordinance by tide. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an Agreement with Event Zone, and to execute any other documents necessary to implement the terms of the Agreement, for Event Zone to conduct special events and festivals in the City of Roanoke, such Agreement to be upon such terms and conditions as are more particularly described in the City Manager's letter dated May 5, 2003, and similar in form to the Agreement attached to the City Manager's letter dated May 5, 2003, to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk May 9, 2003 File #60-67-87 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36300-050503 amending and reordaining certain sections of the 2002-03 General Fund Appropriations, providing for appropriation of funds in connection with the new Event Zone Organization; 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, May 5, 2003, and is in full force and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc' Darlene L. Burnham, City Manager Steven C. Buschor, Director, Parks and Recreation Barry L. Key, Director, Office of Management and Budget N:\CKMHl~Agenda.03\May 5, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of May, 2003. No. 36300-050503. 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 Community Development Membership and Affiliations (1) ........................................................... Parks, Recreation and Cultural Parks and Recreation Administration (2-5) .......................................... $ 5,655,971 2,364,689 $ 4,679,532 959,441 1) Event Zone (001-300-7220-3820) $126,597 2) Regular Employee Salaries (001-620-7111-1002) (36,428) 3) FICA (001-620-7111-1120) (2,787) 4) City Retirement (001-620-7111-1105) (2,277) 5) Special Events (001-620-7111-2125) (85,105) 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: (54-0) g53-1138 CityWeb: www.roanokegov.com May 5, 2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: New Event Zone Organization Background: The Roanoke Special Events Committee, a 501(c)(3) non-profit organization composed of council appointed members, was established in 1979 to produce and promote successful, world-class events in the City that would reflect the character and spirit of the Roanoke Valley. The Committee has contributed to the economic development and image enhancement of the City of Roanoke by organizing high quality events and festivals to serve all. Considerations: Specific special events and festivals within the City need to be enhanced and coordinated. Moreover, new events need to be developed that are aligned with the City's economic development, image enhancement, and quality of life goals. In order to ensure that all special events in downtown Roanoke meet this criterion of excellence, the Roanoke Special Events Committee and Festival In The Park have agreed to collaborate their efforts in forming a new organization named, eventzone.org (hereinafter referred to as, "Event Zone"). This consolidation would alleviate the responsibility of Parks and Recreation in sponsoring and producing special events and allow the Department to focus on its primary mission of supporting parks, recreational facilities and programs. As outlined in the Agreement, similar in form as attachment A, this new collaborative organization agrees to accept the responsibility of being the lead agency for sponsoring and producing major City events. The organization will develop partnerships by working with community, civic, and government agencies, while encouraging cross marketing and electronic links among websites, in order to produce a balanced year-round program of downtown events. This organization will also mentor event organizers by educating and conducting forums for community organizations. Through event facilitation, Event Zone will be able to promote awareness of city regulations, coordinate use of City properties and serve as the liaison between the City and event producers. For the upcoming fiscal year 2003-2004, funds will need to be appropriated in the amount of $177,520. These funds have been identified as a part of the 2003- 2004 recommended budget. Recommended Action: Authorize the City Manager and the City Clerk to execute and attest, respectively, to an Agreement in substantially the same form as Attachment A, and any other documents necessary to implement the terms of the Agreement, such documents to be approved as to form by the City Attorney. Authorize the payment of $177,520.00, from Parks and Recreation Administration Special Events account 7111-620-2125, for services provided by Event Zone commencing July 1, 2003 within the structure of the 2003-2004 City recommended budget. Respectfully submitted, Darlene L. Burcham City Manager DLB:kaj Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Steven B. Buschor, Director of Parks and Recreation Rolanda B. Russell, Assistant City Manager for Community Development Glenn A. Asher, Risk Management Officer Christine P. Powell, Assistant Manager of Civic Facilities #CM03-0080 AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into the __. day of _, , by and between the CITY OF ROANOKE ("City"), and eventzone.org ("Event Zone"), a Section 501 (c) non-profit corporation organized under the laws of the Commonwealth of Virginia and the United States Internal Revenue Code. For and in consideration of the mutual promises set forth in this Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Term: The term of this Agreement shall be for an initial term of one year from July 1,2003, until June 30, 2004, subject to the termination rights of the parties as set forth in this Agreement. This Agreement may be renewed for one additional one-year term by the mutual agreement of the parties, in writing, thirty (30) days before the date of expiration of this Agreement. 2. Termination of Agreement: Either party may terminate this Agreement upon one hundred eighty (180) days written notice to the other party. In the event of such termination, the City shall not be obligated to reimburse Event Zone for any costs incurred after the effective date of such termination notice. 3. Events to be conducted and supported by Event Zone: Event Zone shall conduct and support on dates and at times mutually agreed to by the parties to this Agreement the following events: Taste of the Blue Ridge Jazz and Blues Festival Festival in the Park St. Patrick's Day Celebration Miss Virginia Pageant Celebration Fall Festival Holiday Lighting Various additional events mutually agreed upon by the parties to this Agreement. 4. Events scheduled in City parka: Event Zone agrees that each event held in a City park shall be scheduled to conclude promptly by 10:00 p.m. In case of exigent circumstances, Event Zone may extend the event 05/02/O3 I to 10:30 p,m., after which time the City Manager, after consultation with Event Zone, may permit the event to continue beyond 10:30 p.m. to a time certain designated by the City Manager. 5. Concession Rights: The City retains exclusive food and beverage rights for concessions and catering for all events, including those at Victory Stadium and its surrounding parking lot, located on a portion of Official Tax No. 1040202 (hereinafter referred to as, "Victory Stadium"). The City may grant, in writing, certain concessions and catering rights to Event Zone on a case by case basis for any event, including an event scheduled to be held in Victory Stadium. 6. Field Damage: (a) Event Zone will be required to protect the athletic field at Victory Stadium from damage in either of the two following ways: (1) Event Zone shall provide a guarantee of $50,000.00 each year this Agreement is in force to cover possible damage to the athletic field at Victory Stadium for any event held at Victory Stadium. This guarantee can be in the form of an insurance policy, bond, or irrevocable letter of credit, the form of which shall be reasonably acceptable to the City Manager. Evidence of such guarantee shall be provided to the City at least thirty (30) days prior to the commencement of any event held at Victory Stadium, and shall be effective at least through fourteen (14) days after the conclusion of the event; or (2) Provide, install and remove an appropriate protective portable turf covering system, as approved by the City Manager, to prevent damage to the turf. (b) The determination of which option will be used for an event shall be within the sole discretion of the Director of Civic Facilities. (c) In the event of inclement weather, the City may deem the athletic field at Victory Stadium, or any other venue of an event, unusable and advise Event Zone of that determination. The determination of whether the field or other venue is useable shall be that of the City. Event Zone shall be prohibited from using the field or other venue until such time that, in the City's opinion, the field or other venue is again fit for use. If the City determines that the field or other venue is unuseable, the City shall use its best efforts to assist Event Zone in relocating to a suitable alternate site, location and layout for any event planned to occur on the athletic field or other venue. If Event Zone wishes to hold an event inside Victory Stadium while the athletic field is unuseable, Event Zone shall be responsible 05/02/03 2 for keeping patrons off the athletic field before, during and after the event. The City and Event Zone shall confer in good faith and identify suitable alternate sites and develop contingency plans in the event that the field or other venue should be declared unuseable. 7. Agreement to Quit Premises[ Damage to Premises: Event Zone agrees to quit all City property at the conclusion of any event conducted by Event Zone and to leave all City property in the same condition as at the commencement of the event, ordinary wear and tear excepted. The original condition of all properties and facilities to be utilized will be determined by a "walk through" inspection conducted prior to the commencement of the event. Such inspection shall be conducted by representatives of both the City and Event Zone at a time convenient to both. After discussing the matter with the City Manager, Event Zone shall pay on demand to the City in cash the full cost of repairing to good condition or restoring to good condition any City property reasonably dee~ned by the City to have been damaged as a result of or arising out of Event Zone's use of the property. 8. Consideration from the City: (a) In consideration of the duties to be performed by Event Zone under this Agreement, and in addition to other consideration given to Event Zone, the City shall pay Event Zone one-fourth (1/4) of One Hundred Seventy-Seven Thousand Five Hundred Twenty dollars and no cents ($177,520.00) on the last day of July, October, January and April of each year this Agreement is in effect. In the event such day falls on a Sunday or legal holiday which results in the closure of City offices, payment shall occur on the next day on which the ordinary business of the City is transacted. (b) During the term of this Agreement, Event Zone, or any of its officers, agents, partners, joint ventures or employees, shall not request that the City provide funding of any type or amount or services for any event conducted in part or in whole by Event Zone. 9. Consideration subiect to lundin?: All funds for payments by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City Council of the City of Roanoke. In the event of non-appropriation of funds for cause or no cause by the City Council of the City of Roanoke provided under this Agreement, this Agreement shall be considered terminated by the parties, without termination charge or other liability of the City, on the last day of the then current fiscal year or when the appropriation made for the then current year covered by this Agreement is spent, whichever event occurs first. If funds are not appropriated at any time for the continuance of this Agreement, cancellation will be accepted by Event Zone or on thirty (30) days prior written notice, but failure to give such notice shall be of no effect, and the City Council of the City of Roanoke shall not be obligated under this Agreement beyond the date of termination. 05/02/O3 3 10. Provision of Information: (a) Event Zone shall provide the City with the name, address, telephone number, and nature of goods to be sold by each vendor who has filed an application to sell or offer for sale to the public any foods or beverages at any event covered by this Agreement. Such information shall be provided at least fifteen (15) days prior to the event to the City's Office of Billings and Collections, 215 Church Avenue, S.W., Roanoke, Virginia 24011. (b) Event Zone shall provide the City with the name, address, and telephone nu~nber of all contractual service providers, as well as the nature of the service that they are providing, whose address is within the Roanoke City limits. Such information shall be provided to the Comm i ssioner of the Revenue, 215 Church Avenue, S.W., Roanoke, Virginia 24011, as soon as practical, but no later than forty-five (45) days prior to any event subject to this Agreement. (c) Event Zone agrees that should licensing requirements or tax laws change, Event Zone shall honor any reasonable request for additional information necessitated by the change in licensing requirements or tax laws. Any vendor information supplied to the City shall be held as confidential, and utilized only for official City business, to the extent permitted by law. 11. Accounting: (a) Within thirty (30) days after each event for which admission is charged in any manner, Event Zone shall file with the City Clerk for the City of Roanoke (hereinafter "City Clerk") a preliminary certified statement setting forth all gross receipts, program expenses, and net revenues from each event, and a statement that all net revenues from each such event will be expended in accordance with Resolution 24982, adopted by City Council January 28, 1980, a copy of which is attached as Exhibit A. (b) Event Zone shall provide the following information to the City Clerk no later than December 15th of each year this Agreement is in force and effect: (1) a complete and signed Federal Tax Form 990 covering all events conducted in whole or in part by Event Zone for the year, and (2) a total for expenses and revenues for any events conducted in whole or in part by Event Zone during the year which is not covered by this Agreement. 12. Vendors with Delinquent Taxes: The City shall provide Event Zone with a list of vendors who have delinquent tax obligations owing to the City. Event Zone shall notify in writing such vendors that they may be subject to collection action for any tax delinquencies if the City provides Event Zone with properly identified vendors by January 1 of each year that this Agreement is in effect. Event Zone shall have no liability for any vendor's tax delinquencies. 05/02/03 4 13. Payment of Taxes by Event Zone: Event Zone agrees to collect and pay to the City, in accordance with the requirements of the City's Director of Finance or other official charged with the responsibility of administering such taxes, all taxes owing to the City that result from Event Zone's activities related to the any event conducted by Event Zone under this Agreement, including but not limited to admissions tax pursuant to Article IX of Title 32, Code of the City of Roanoke (1979), as amended, and the prepared food and beverage tax pursuant to Article XIV of Title 32, Code of the City of Roanoke (1979), as amended. 14. Action in Public Interest: Event Zone agrees that it is the policy of the City to serve the public in the best possible manner, and Event Zone agrees that it, its employees and its agents, shall at all times cooperate with the City in effecting this policy and maintaining the public faith. 15. Emergency Medical Services (EMS): Event Zone shall provide adequate emergency medical services for any activity or event conducted in whole or in part by Event Zone. 16. Security: At any event conducted by Event Zone, Event Zone shall hire off-duty City police officers and security guards employed by a private security services business licensed by the Department of Commerce of the State of Virginia to provide secnrity and crowd control. At least thirty (30) days prior to the cominencement of each activity or event conducted by Event Zone, Event Zone shall meet with the City of Roanoke Police Department and representatives of other City departments as appropriate to discuss and provide the City with a written security plan which shall indicate the number and employment category of all security personnel to be used at the activity or event. Advance notice of this meeting of at least 15 days must be given to the Chief of Police for the City of Roanoke Police Department and the City Manager. The plan shall be subject to approval of the City, which approval, after consultation with Event Zone, shall not be unreasonably withheld. At such time, Event Zone shall present proof, satisfactory to the City, of the employment of required police officers and security guards. Private security guards shall have no authority to engage in law-enforcement activities or perform security services off the areas occupied by the event. Approval of the security plan by the City shall constitute concurrence in the minimum number of personnel to be employed, but such concurrence will not relieve Event Zone of its primary responsibility for determining and providing adequate security forces. 17. Compliance with Laws and Regulations: Event Zone shall comply with all laws, ordinances and regulations adopted or 05/01/03 5 established by federal, state or local governmental agencies or bodies, and Event Zone shall require that its agents, employees, contractors or subcontractors do likewise. 18. Alcoholic Beverages: Event Zone shall take reasonable measures to ensure that no alcoholic beverages or glass containers are brought onto City property under Event Zone's control and that no coolers are brought into Victory Stadium. Alcoholic beverages may be sold by Event Zone in accordance with section 24-97 of the Code of the City of Roanoke (1979), as amended, and in accordance with applicable Alcoholic Beverage Control laws and regulations. The restrictions contained in this paragraph shall be included in the press packet prepared by Event Zone. 19. Inspections: (a) The City's Fire Marshall shall be permitted to inspect the operations of Event Zone and of each vendor who contracts with Event Zone to sell any product during any event conducted in whole or in part by Event Zone. (b) The City's Health Department Director, or the Health Department Director' s representatives, shall be permitted to inspect the operations of Event Zone and each vendor who contracts with Event Zone to sell any products during any activity or event conducted by Event Zone. Event Zone agrees to abide by all Health Department regulations and assist in the implementation of any recommendations made by the Health Department concerning but not limited to: solid waste disposal, liquid waste disposal, rodent control, insect control, and recreational use of the Roanoke River. Event Zone shall provide parking passes for two Environmental Health Specialists (EHS) for events taking place in Smith Park. Event Zone shall also provide a work space in each area where events are being held for the EHS to utilize. Such space shall include a table and chair, be prominently located, and be accessible to both vendors and public. A picnic table may be substituted for the table and chair. 20. Licenses and Permits: Event Zone shall obtain all licenses or permits as required by federal, state or local laws and ordinances, including any required assembly permits, temporary street closure permits, and permits for temporary structures such as tents, and Event Zone shall provide evidence of compliance with such federal, state and local laws and ordinances upon demand therefore by the City. Execution of this Agreement shall not obviate the need for Event Zone to obtain any permit or license required by the City, and Event Zone shall be responsible for all application or filing fees in connection therewith. 21. Payment of taxes and fees: Event Zone shall pay promptly all applicable taxes and fees. 22. Compliance with environmental protection laws: (a) Event Zone covenants and agrees to perform under this Agreement strictly in accordance with all applicable federal, state and local environmental protection laws, regulations, rules and orders, including but not limited to those laws relating to the storage, disposal and presence of Hazardous Substances (the term "Hazardous Substances" used herein has the same meaning as given that term and to the term "hazardous wastes" in 42 U.S.C. {}960I), disposal of solid waste, release or emission of pollutants or Hazardous Substances into the air or soil or into groundwater or other waters, applicable water and sewer regulations, and erosion and sedimentation control (collectively, "Environmental Law"). Event Zone covenants that it has either acquired heretofore or shall acquire, prior to or at the time required by applicable law, all environmental permits and licenses required by any Environmental Law in connection with any of its activities under this Agreement. (b) Event Zone covenants that it shall indemnify, defend and hold the City, its successors, assigns, directors, officers, employees, volunteers, agents and lenders harmless from all response costs, damages, expenses, claims, fines and penalties incurred by the City, its successors, assigns, directors, officers, employees, volunteers, agents and lenders as the result of any violation by Event Zone, or any predecessor in interest to or any person acting with permission of Event Zone of any Environmental Law or as the result of any necessary repair, cleanup, closure or detoxification of the property upon which Event Zone performs under this Agreement, if due to conditions caused by the Event Zone, predecessor in interest to or any person acting with permission of the Event Zone, or as a result of a misrepresentation made by the City based upon infor~nation supplied by Event Zone to the City. These provisions in this section shall survive the termination of this Agreement. (c) Event Zone shall immediately notify and advise the City of (i) any and all enforcement, cleanup, removal, investigation or other governmental or regulatory actions instituted or threatened against Event Zone with respect to any Environmental Law applicable to its performance under the Agreement, and (ii) any and all claims made or threatened by any third person against the City, or Event Zone relating to any Environmental Law applicable to the City or Event Zone, or to injury to any person or property because of a Hazardous Substance. 23. Equal Employment Opportunity: During the performance of this Agreement, Event Zone agrees as follows: (a) Event Zone will not discriminate against any employee, or applicant for employment or volunteer, because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Event Zone. Event Zone agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this 05/01/03 7 nondiscrimination clause. (b) Event Zone, in all solicitations or advertisements for employees placed by or on behalf of Event Zone, will state that Event Zone is an equal opportunity employer. (c) Event Zone will include the provisions of the foregoing subsections (a) and (b) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 24. Drug-free workplace: During the performance of this Agreement, Event Zone shall: (i) provide a drug-free workplace for the Event Zone's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Event Zone's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf Event Zone that Event Zone maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each subcontractor or vendor. For the purpose of this section, "drug-free workplace" means a site for the performance of work done in connection with this Agreement. 25. Insurance: (a) Requirement of insurance. Event Zone shall, at its sole expense, obtain and maintain during the life of this Agreement the insurance policies required by this section. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Event Zone under this Agreement. The following policies and coverages are required: ( 1 ) Commercial General Liability. Commercial general liability insurance shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Event Zone's performance under this Agreement. The minimum limits of liability for this coverage shall be $1,000,000.00 combined single limit for any one occurrence. (2) Workers' Compensation. Workers' compensation insurance covering Event Zone's statutory obligation under the laws of the Commonwealth of Virginia and employer's liability insurance shall be maintained for all its employees engaged in work under this Agreement. Minimum limits of liability for employer's liability shall be one hundred thousand dollars and no cents 05/01/03 8 ($100,000.00) bodily injury by accident each occurrence; five hundred thousand dollars and no cents ($500,000.00) bodily injury by disease (policy limit); and one hundred thousand dollars and no cents ($100,000.00) bodily injury by disease (each employee). With respect to workers' compensation coverage, Event Zone's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. (3) Automobile Liability. The minimum limit of liability for automobile liability insurance shall be $1,000,000.00 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Agreement. (b) Umbrella Coverage. The insurance coverages and amounts set forth in subsections ( 1 ), (2), and (3) of this section may be met by an ulnbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000.00. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (1), (2), and (3), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Event Zone to this City. (c) Evidence of Insurance. All insurance shall meet the following requirements: (1) Prior to execution of this Agreement, Event Zone shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. Such certificates shall be attached to this Agreement at the time of execution of this Agreement and shall be furnished in a timely fashion to demonstrate continuous and uninterrupted coverage of all of the required forms of insurance for the entire term of this Agreement. (2) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management Officer for the City of Roanoke." (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insureds. (4) Where waiver of subrogation is required with respect to any 05/01/03 9 policy of insurance required under this section, such waiver shall be specified on the certificate of insurance. (5) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. 26. Indemnification: Event Zone agrees and binds itself and its successors and assigns to indemnify, keep and hold the City and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Event Zone including: (a) Event Zone's use of the streets of the City or any other public property owned by the City; (b) Event Zone's performance under the Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of Event Zone to perform any duty imposed upon or assumed by Event Zone by or under this Agreement. In the event that any suit or proceeding shall be brought against the City or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Event Zone on account thereof, Event Zone, upon notice given to it by the City or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the City or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settle~nent or any final judgment being awarded against the City or any of its officers, employees, agents, volunteers or representatives, either independently orjointly with Event Zone, then Event Zone will pay such settlement orjudgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 27. No Third Party Beneficiary: The provisions of this Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. 28. Forum Selection: By virtue of entering into this Agreement, Event Zone submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia. 05/01/03 I0 29. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 30. Negotiation: This Agreement has been fully negotiated by and between the parties and shall be construed as if both parties had an equal responsibility in the drafting hereof. 31. Entire Agreement and Amendment: This Agreement represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrmnent signed by the parties. 32. No Waiver of Terms of Agreement: No failure of any party to insist upon strict observance of any provision of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement in any instance. 33. Faith-based organizations: Pursuant to §2.2-4343.1 of the Code of Virginia (1950), as amended, the City of Roanoke does not discriminate against faith-based organizations. 34. Assignment: Event Zone shall not assign or transfer any right or interest under this Agreement, including, without limitation, the right to receive any payment, without the City's prior written approval of satisfactory evidence of such assignment, and Event Zone agrees that any such assignment without prior written approval of the City shall be null and void. 35. Reference to Officers of the City: Any reference to the City Manager, the Director of Parks and Recreation for the City of Roanoke, or the Director of Civic Facilities shall be intended to include that person's designee. 05/01/03 11 36. Notice: Any notice, request, or demand given or required to be given under this Agreement shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below. To the City: To Event Zone: City Manager Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 Stu Isreal, Executive Director CC: H. Allen Glover, Jr., Board Member and Registered Agent, 10 S. Jefferson Street Roanoke, Virginia 24011 Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof. IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year first hereinabove written: ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk ATTEST: By Darlene L. Burcham, City Manager eventzone.org By By Secretary Approved as to Form: Executive Director Approved as to Execution: Assistant City Attorney {)5/01/03 Assistant City Attorney 12 IN THE COUNCIL OF THE CITY OF ROANORE, VIRGINIA, The 28th day of January, 1980. No. 24982. A RESOLUTION establishing the policy of the City with respect to waiver of rental fees City facilities and property by certain organizations. WHEREAS, this Council has from time to time, upon request of certain civic organizations, waived the standard fees for rental of certain City facilities, such as Victory Stadium; WHEREAS, this Council has not heretofore established any policy with respect to those organizations that are eligible to apply for such waiver of rental fees and the terms and conditions to be applicable where rental fees are waived; and WHEREAS, a written policy will save time for Council and organizations seeking such waiver by designating in advance those organizations which are eligible to apply for waiver of rental fees, and a written policy will also help insure that all similarly situated organizations are treated uniformly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That, in order to be eligible to apply to City Council, for the waiver of rental fees on any City facility or property, an organization shall have been granted tax-exempt status pursuant to Section 501C of the United States Internal Revenue Code and shall be operated exclusively for charitable, scientific, literary, educational or community purposes or such tax exempt organization shall be an association of war veterans or auxiliary units thereof organized in the United States, a fraternal association operated under the lodge system or a voluntary rescue squad or auxiliary unit thereof; provided that pursuant to Section 15.1-24, Code of Virginia (1950), as amended, rental fees shall not be waived for any church or sectarian society or any institution or association controlled in whole or part by church or sectarian society; 2. That use of City facilities or property without rental fee by any of the foregoing organizations shall be in accordance with the following terms and conditions: (a) The using organization shall pay all expenses incurred by the City which expenses are a direct and proximate result of the use of the City facility or property by such using organization, including, among other things, site preparation, water, sewer, clean-up, refuse collection and electricity, and the City Manager or his designee may require a reasonable cash deposit or bond to be posted in each instance to insure the payment of such expenses to the City; (b) If the using organization generates any receipts from use of the City's facility or property, one hundred per cent (100%) of the net revenues from such use shall be contributed for a purpose for which a deduction is allowed pursuant to the United States Internal Revenue Code; (c) Each organization using City facilities or property pursuant to this resolution shall file with the City Clerk within thirty (30) days following the termination of such use a certified statement setting forth the gross receipts, program expenses, net revenues and a statement that apl net revenues will be expended in accordance with this resolution; and (d) Each organization using City facilities or property pursuant to this resolution shall file with the Clerk a certificate of public liability insurance in amounts deemed appropriate by the City Attorney and shall execute appropriate documents in form approved by the City Attorney indemnifying the City of Roanoke and its officers and employees for any claim against the City of Roanoke or its officers and employees arising out of use of the City facility or property. APPROVED ATTEST: [Mary F. Parker] [Noel C. Taylor] City Clerk Mayor EXHIBIT A 05/01/03 13 JESSE A. HALL Director of Finance email: jesse_hall~cLroanoke.va.us May 5, 2003 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director cmail: ann~shav, vcr~ci.roanoke.va.us 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: March Financial Report This financial report covers the first nine months of the 2002-2003 fiscal year. The follo~ving narrative discusses revenues and expenditures to date. REVENUE General fund revenues are up 2.78% or $3,208,000 compared to the same period last year. Variances in specific categories of revenues are as follows: General Property Taxes increased 3.93% or $1,640,000. The second installment of real estate taxes was due April 5. As of March 31, real estate taxes increased 3.48% and achieved 81.70% 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 &refunds in FY03. Other Local Taxes increased 1.70% or $678,000. Electric utility consumer tax, which is based on usage, increased 5.53% due a warmer than normal summer and colder winter weather. Sales tax revenues were up 1.55% from the prior year at March 31 st. Inclusive of the mid-April collection, representing retail sales activity for the month of February, collections have increased 1.18% 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, declined slightly from the prior year, as expected. Permits, Fees and Licenses declined 10.10% or $76,000. Permit valuations for commercial projects during the first nine 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 party, causing a decline in elevator inspection revenues. There was also an expenditure decline related to this privatization effort. Honorable Mayor and Members of Council May 5, 2003 Page 2 Fines and Forfeitures increased 15.19% or $126,000. Parking ticket revenue was up $100,000 from the prior year. In late fall of 2001, the ticketing function was civilianized. As a result, the number of parking tickets issued increased substantially. The penalty for late payment of parking tickets was increased effective July 1, 2002, generating additional parking ticket revenue. New fees adopted in FY03 related to debt collection also generated additional revenue in this category. Revenue from Use of Money and Property increased 11.96% of $79,000 due to a timing difference in the receipt of rental income from the Commonwealth for space occupied by Social Services in the Municipal Building. Charges for Services increased 13.11% or $357,000. 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. These new fees have generated approximately $73,000. Circuit Court Clerk fees were up due to the recording of deeds for a number of high value property sales in the current year. Favorable interest rates have encouraged refinancing, increasing the number of deeds and certificates of satisfaction recorded. 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 53.01% or $146,000. 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 0.50% or $749,000 compared to FY02. Variances in individual expenditure categories are discussed as follows: Parks, Recreation and Cultural expenditures declined 8.30% or $309,000. 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 decreased as spending was consciously limited in anticipation of funding reductions from the State. Department of Technology charges also declined. Transfer to Debt Service Fund increased 39.57% or $4,806,000. 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 41.46% or $4,427,000. 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. Honorable Mayor and Members of Council May 5, 2003 Page 3 I would be pleased to answer questions City Council may have regarding the monthly financial statements. JAH/tht Attachments rector of Finance CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY MARCH 31, 2003 Transfer Number Date General Fund: CMT-1368 09/03/02 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-1403 12/18/02 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 CMT-1428 03/01/03 CMT-693 03/12/03 CMT-695 03/13/03 CMT-1431 03/13/03 CMT-697 03/25/03 Explanation From To 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 Wages Supplement Operating Expenses Temporary Wages Chemicals Purchase Wages-Segregate Revenue Maximization Coordinator Cycle Program For Youth Used Twelve Passenger Van Supplement Operating Expenses Supplement Operating Expenses Capital Proiects Fund: CMT-646 09/20/02 Century Square Project CMT-646 09/20/02 Century Square Project CMT-1385 10/31/02 Final Household Hazardous Waste Collection Day CMT-1385 10/31/02 Final Household Hazardous Waste Collection Day CMT-665 01/06/03 Environmental Cleanup Contingency* Memberships and Affiliations Police Patrol Transportation-Engineering and Operations Fire-Support Envirenmental Services and Emergency Management Police Training Environmental Services and Emergency Management Planning, Building and Development Neighborhood Partnership Police Patrol Parks Parks and Recreation Transportation-Streets and Administration Traffic Crisis Intervention Youth Haven Police Patrol Economic Development Contingency* City Attorney Police Patrol Commissioner of the Revenue Transfers To Other Funds Engineering Contingency* City Council Transfers To Other Funds Engineering Contingency* Transportation-Snow Removal Social Services- Social Services- Administration Revenue Maximization Fire-Administration Police Patrol Outreach Detention Transfer to Fleet Manage- ment Crisis Intervention Outreach Detention Contingency* Board of Equalization Total General Fund Amount Special Park Project Sister City Century Square Grants Upgrade Roanoke River Center Sister City Century Square Phase I Upgrade Capital Improvement Reserve Capital Improvement Reserve Smith Park Riparian Environmental Issues- PWSC Settlement State DEQ- PWSC Environmental Issues- PWSC $ 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 41,492 1,500 12,000 1,110 17,623 --~,282 $ 145 3,855 5,000 60,000 22,992 CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY MARCH 31, 2003 (CONTINUED) Transfer Number Date Explanation Capital Projects Fund: CMT-691 03/19/03 Trout Run Culvert Repairs CMT-1430 03/27/03 Traffic Signal Poles From Garden City Phase 3 Draining Project Second Street/Gains- boro/Wells Avenue Available Continf~ency 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 March 31, 2003 Contingency Transfer to Grant Fund Contingency T_.~o Amount Trout Run Culvert Repairs 72,874 Traffic Signals General 30,000 Total Capital Projects Fund '--$~,866 $ 476,300 (197,698) Transfer to Grant Fund (9,381) Contingency 13,643 Transportation-Snow Removal ~ $167,864 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE 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 1 - Mar 31 July I - Mar 31 Percentage 2001-2002 2002-2003 of Change $ 41,710,526 $ 43,350,949 39,849,165 40,527,622 754,820 678,589 832,523 958,965 659,404 738,255 27,004,243 27,663,125 17,179 17,179 2,724,135 3,081,329 275,168 129,313 1,529,279 1,419~249 $ 115t356~442 $ 118r564~575 Currant Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received 3.93 % $ 78,340,707 55.34% 1.70 % 59,301,164 68.34% -10.10 % 1,030,694 65.84% 15.19 % 1,116,350 85.90% 11.96 % 1,082,729 68.18% 2.44 % 46,009,506 60.12% 0.00 % 34,300 50.08% 13.11% 4,353,761 70.77% -53.01% 315,045 41.05% -7.19 % 2,302~219 61.65% 2.78 % $__193~886~47..~_5 61.15% 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 July 1 - Mar 31 July I - Mar 31 2001-2002 2002-2003 $ 8,847,163 $ 8,514,228 4,352,795 4,493,327 34,994,134 33,933,710 19,004,722 18,074,397 19,132,785 19,132,572 Current Fiscal Year Percent of Percentage Unencumbered Revised Budget of Chan~e Balance Appropriations Obligated -3.76 % $ 3,198,907 $ 11,713,135 72.69% 3.23 % 1,800,079 6,293,406 71.40% -3.03 % 12,505,576 46,439,286 73.07% -4.90 % 6,793,188 24,867,585 72.88% 0.00 % 8,316,181 27,448,753 69.70% 3,724,996 3,415,849 3,672,130 3,824,279 12,147,503 16,953,899 34,517,645 35,729,370 10~677~810 6,250,789 $ 151,071,683 $ 150~322r420 -8.30 % 1,390,280 4,806,129 71.07% 4.14 % 1,700,095 5,524,374 69.23% 39.57 % (106,857) 16,847,042 100.63% 3.51% 11,679,186 47,408,556 75.36% -41.46 % 5,054~592 11,305~381 55.29% -0.50 % $ 52r331,227 $ 202 653 647 74,18% Note: Prior year financial statements have been restated to conform to current year presentation. 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 July1 - Mar 31 July1 - Mar 31 2001-2002 2002-2003 5,178,847 $ 5,133,378 28,135,943 30,508,825 73,687 94,342 1,232,842 1,429,159 34,517,645 35,729,369 6,794,945 7,295,113 $ 75,933,909 $ 80,190,186 Percent of Revised Revenue Percentage Revenue Estimate of Change Estimates Received -0.88 % $ 9,226,504 55.64 % 8.43 % 43,236,695 70.56 % 28.03 % 115,298 81.82 % 15.92 % 2,127,968 67.16 % 3.51% 47,408,556 75.36 % 7.36 % 10.663,737 NA 5.61 % $ 112,778,758 71.10% SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of July 1 - Mar 31 July 1 - Mar 31 Percentage Unencumbered Revised Budget 2001-2002 2002-2003 of Change Balance Appropriations Obligated Instruction $ 52,748,139 $ 53,938,836 2.26 % $ 21,941,674 $ 75,880,510 71.08 % General Suppod 2,496,248 2,663,565 6.70 % 1,370,407 4,033,972 66.03 % Transportation 2,819,749 2,977,950 5.61% 1,064,268 4,042,218 73.67 % Operation and Maintenance of Plant 7,020,282 7,730,610 10.12 % 3,210,803 10,941,413 70.65 % Facilities 1,643,448 1,631,889 -0.70 % 499,434 2,131,323 76.57 % Other Uses of Funds 6,120,753 6,525,072 6.61% 546,647 7,071,719 92.27 % Special Purpose Grants 10,529,069 10,663,737 1.28 % 10,663,737 NA Total $ 83,377,688 $ 86,131,659 3.30 % $ 28,633,233 $ 114,764,892 75.05 % 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 Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Total Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July I - Mar 31 July 1 - Mar 31 Percentage Revenue Estimate 2001-2002 2002-2003 of Change Estimates Received $ 84,483 $ 85,171 0.81% $ 84,464 100.84 % 2,001,844 1,652,122 -17.47 % 2,747,730 60.13 % 1,105,768 952,858 -13.83 % 1,689,923 56.38 % $ 3,192,095 $ 2,690,151 -15.72 % $ 4,522,117 59.49 % SCHOOL FOOD SERVICES FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of July 1 - Mar 31 July 1 - Mar 31 Percentage Unencumbered Revised Budget 2001-2002 2002-2003 of Change Balance Appropriations Obligated 3,289,464 $ 2,966,990 -9.80 % $ 1,558,501 $ 4,525,491 65.56 % 24,092 100.00 % 25,315 49,407 48.76 % Food Services $ Facilities Total $ 3,289,464 $ 2,991,082 -9.07 % $ 1,583,816 $ 4,574,898 65.38 % CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MARCH 31, 2003 General Government Flood Reduction Economic Development Community Development Public Safety Recreation Streets and Bridges Storm Drains Traffic Engineering Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Bud~let To Date Balance Encumbrances Balance 11,178,639 $ 9,021,030 $ 2,157,609 $ 1,048,987 $ 11108,622 18,695,464 7,644,283 11,051,181 205,390 10,845,791 25,185,051 16,027,392 9,157,659 63,274 9,094,385 6,924,402 5,590,800 1,333,602 726,079 607,523 8,234,803 6,938,235 1,296,568 360,355 936,213 25,570,198 5,010,999 20,559,199 1,404,190 19,155,009 26,084,907 17,451,206 8,633,701 1,439,791 7,193,910 3,516,831 2,341,774 1,175,057 492,914 682,143 5,640,630 4,274,667 1,365,963 156,035 1,209,928 415,749 415,749 415,749 $ 131,446,674 $ 74,300,386 $ 57,146,288 $ 5,897,015 $ 51,249,273 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MARCH 31, 2003 Elementary Schools Renovation Middle Schools Renovation High Schools Renovation Transportation Facility Renovation Interest Expense Capital ~mpmvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance 18,287,351 $ 5,757,555 $ 12,529,796 $ 10,709,621 $ 1,820,175 983,188 962,733 20,455 1,823 18,632 527,679 277,526 250,153 153 250,000 1,000,000 88,604 911,396 565,616 345,780 262,929 224,353 38,576 38,576 356,271 356,271 356,271 21,417,418 $ 7,310,771 $ 14,t06,647 $ 11,277,213 $ 2,829,434 6 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE NINE MONTHS ENDING MARCH 31, 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 Lick Run Greenway - TEA21 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 Greenway - Fralin Trust Donation Roanoke Times Air Right Lease 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 $ 777,756 451 226,001 1,004,208, 456,081 188,399 357,791 298,564 50,367 1,351,202 170,000 31,200 20,000 221,200 2,469,578 41,940 2,511,518 $ 5,088,128 FY 2002 $ 485,011 11,278 370,732 867,021 19,223 118,989 10,143 16,176 164,531 44,400 100 3,100 8,500 56,100 4,438,517 375,000 41,530,000 46,343,517 $ 47,431,169 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE NINE MONTHS ENDING MARCH 31, 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 $ 3,233,566 2,559,499 428,775 20,418 25,289 171,485 21,689 259,520 2,223,792 Total Operating Revenues 8,944,033 Operating Expenses Personal Services Operating Expenses Purchased Water - Roanoke County Purchased Water - City of Salem Depreciation 3,340,976 4,066,944 1,907,359 589,419 1,240,471 Total Operating Expenses 11,145,169 (2,201,136) 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 Net Nonoperating Expenses 62,821 91,900 47,359 (41,146) (782,049) (621,115) Net Income (Loss) $ (2,822,251) Note: Prior year financial statements have been restated to conform to current year presentation, FY 2002 $ 3,202,542 2,450,813 504,477 20,761 20,000 154,915 13,030 488,280 1,916,521 8,771,339 3,192,673 3,394,738 1,258,973 7,846,384 924,955 157,491 56,515 375,000 41,641 (375,000) (776,298) (520,651) $ 404,304 CITY OF ROANOKE, VIRGINIA WATER POLLUTION CONTROL FUND COMPARATIVE INCOME STATEMENT FOR THE NINE MONTHS ENDING MARCH 31, 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 Income (Loss) FY 2003 $ 4,516,586 944,068 185,730 848,978 165,101 204,621 148,650 7,013,734 1,581,437 3,653,632 1,399,491 6,634,560 379,174 108,231 321 97,832 (27,248) (557,917) (378,781) $ 393 FY 2002 $ 4,858,712 497,648 145,016 530,409 99,612 166,942 130,933 6,429,272 1,594,742 4,385,371 1,029,579 7,009,692 (580,420) 134,128 91 930,095 (569,682) 494,632 $ (85,788) Note: Prior year financial statements have been restated to conform to current year presentation. 9 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE NINE MONTHS ENDING MARCH 31, 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 Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues (Expenses) Interest on Investments Transfer from General Fund-Operating Transfer from General Fund-Nonoperating Transfer from General Fund-Victory Stadium 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 Income (Loss) FY 2003 $ 238,833 84,507 6,000 121,490 6,710 50,612 50,004 5,743 52,856 602,417 14,205 1,233,377 1,450,936 1,545,005 447,602 3,443,543 (2,210,166) 14,988 677,815 102,278 (69,330) (47,754) (15,352) 8,733 671,378 (1,538,788) FY 20O2 $ 374,208 201,177 75,200 132,159 12,991 27,146 177,524 37,128 5,373 887,447 13,857 1,944,210 1,485,238 1,465,791 218,131 3,169,160 (1,224,950) 21,989 712,565 830,000 102,278 385,000 2,425 2,054,257 $ 829,307 10 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE NINE MONTHS ENDING MARCH 31, 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 (Loss) FY 2003 $ 281,660 333,634 170,374 366,449 297,349 27,888 56,205 43,244 25,732 54,011 1,656,546 788,340 413,583 1,201,923 454,623 4,061 119,778 (441,916) (318,077) $ 136,546 FY 2002 $ 290,572 330,280 161,716 346,417 267,774 3,599 54,403 31,992 21,418 1,508,171 682,710 406,682 1,089,392 418,779 21,292 32,000 (104,918) (372,842) 1,684 (422,784) $ (4,005) 11 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND INCOME STATEMENT FOR THE NINE MONTHS ENDING MARCH 31, 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 $ 69,327 69,327 36,554 1,852 38,406 30,921 952 295,000 289,220 585,172 $ 616,093 12 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER COMMISSION COMPARATIVE INCOME STATEMENT FOR THE NINE MONTHS ENDED MARCH 31, 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 Nonoperating Revenues Net Income Before Depreciation Depreciation Expense Net Loss FY 2003 FY 2002 $ 36,316 $ 34,986 57,795 56,810 2,924 36,703 96,945 128,499 125,000 131,250 125,000 131,250 (57,429) 50,067 82,523 300,067 287,594 203,122 159,095 (383,427) (340,944) $ (180,305) $ (181,840) 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 NINE MONTHS ENDING MARCH 31, 2003 Operating Revenues Department of Fleet Risk TOTALS Technology Management Management FY 2003 FY 2002 $ 3,088,960 $ 3,658,139 $ 7,952,963 $ 14~700,062 $ 13,671~777 3,088,960 3,658,139 7,952,663 14,700,062 13,671,777 Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Totar Operating Expenses Operating Loss Nonoperating Revenues (Expenses) 1,638,572 951,022 111,363 2,700,957 2,724,901 1,028,554 1,410,533 8,790,372 11,229,459 9,808,668 532,416 1,512,630 2,045,046 1,887,378 3,199,542 3,874,185 8,901,735 15,975,462 14,420,947 (110,582) (216,046) (948,772) (1,275,400) (749,170) Interest Revenue 65,178 15,695 Interest Expense (6~500) (58,242) Transfers From General Fund 629,229 817,338 Transfer From Water Fund 41,146 Transfer From Water Pollution Control Fund 27,248 Transfer From Civic Center Fund 47,754 Transfer to Capital Projects Fund (41,940) Transfer to Grant Fund Loss on Disoposal of Fixed Assets (26,080) Other Revenue Net Nonoperating Revenues Net Income (Loss) (1,504) 142,994 223,867 357,758 (64,742) (50,495) 250,000 1,696,567 3,375,886 41,146 27,248 47,754 (41,940) (27,584) (41,350) (44,034) 10,183 777,975 731,347 392,994 1,902,316 3,607,948 $ 667,393 $ 515,301 $ (855,778) $ 626,916 $ 2,858,778 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 MARCH 31, 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 MARCH 31, 2003. BALANCE AT BALANCE AT BALANCE AT FUND FEB 28, 2003 RECEIPTS DISBURSEMENTS MAR 31, 2003 MAR 31, 2002 GENERAL WATER WATER POLLUTION CONTROL CIVIC FACILITIES PARKING CAPITAL PROJECTS MARKET BUILDING OPERATIONS CONFERENCE CENTER RKE VALLEY DETENTION COMM ($17,326,829.62) $28,264,470.76 $13,949,561.81 3,708,900.23 443,535.57 439,493.93 8,261,118.03 2,000,899.66 1,771,836.72 1,062,624.24 225,458.87 647,019.93 345,964.69 192,064.90 205,875.73 56,202,753.44 1,001,162.93 825,601.88 340,511.82 22,944.42 20,846.51 3,871,789.21 2,428.54 10,804.07 0.00 0.00 0.00 ($3,011,920.67) ($4,229,452.43 3,712,941.87 12,142,600.18~ 8,490,180.97 7,335,328.83 641,063.18 3,192,913.85 332,153.86 2,841,351.88 56,378,314.49 66,489,818.03 342,609.73 0.00 3,863,413.68 4,212,197.42 0.00 2,306,828.98 12,665,307.76 , .13,302,849.72 5,159,915.67 5,803.930.77 0.00 305,815.70 1,406,662.18 853,478.09 (13,710,693.98) (13,736,393.05~ 11,607,853.70 11,938,260.28 528,398.05 2,012,268.64 9,563,853.00 6,389,688.18 9,326,752.13 6,897,553.84 161,061.73 244,930.49 91,846.48 23,431.40 1,115,546.53 670,252.96 DEBT SERVICE 14,523,336.14 14,700.36 1,872,728.74 DEPT OF TECHNOLOGY 5,354,120.75 187,821.21 382,026.29 MATERIALS CONTROL 0.00 0.00 0.00 FLEET MANAGEMENT 1,284,559.95 366,690.26 244,588.03 PAYROLL (11,861,467.81) 14,754,575.59 16,603,801.76 RISK MANAGEMENT 11,574,529.20 702,774.14 669,449.64 PENSION 548,138.53 1,393,700.66 1,413,441.14 SCHOOL FUND 9,768,947.06 5,663,366.37 5,868,460.43 SCHOOL CAPITAL PROJECTS 9,361,061.80 3,977.41 38,287.08 SCHOOL FOOD SERVICE 171,675.19 . 339,097.18 349,710.64 FDETC 88,518.96 107,726.02 104,398.50 I GRANT 1,508,632.10 280,464.46 673,550.03 TOTAL $98,788,883.91 $55,967~859.31 $46,091,482.86 $108,665,260.36 $128~997~653.76 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 MARCH 31, 2003. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HIGH PERFORMANCE MONEY MARKET LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT REPURCHASE AGREEMENTS U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $19,012.93 2,501,451.02 10,463,381.50 22,253,756.89 10,368,448.54 15,000,000.00 8,400,000.00 39,659,209.48 $108,665,260.36 DATE: APRIL 16, 2003 DAVID C. ANDERSON1 TREASURER 15 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE NINE MONTHS ENDED MARCH 31, 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 $ 3,016,240 (23,200,514) 2,236,061 (20,964,453) 153,659 (21,118,112) $ (18,10t,872) FY 2002 $ 3,072,170 (4,717,758) 2,644,428 (2,073,330) 51,775 (2,125,105) $ 947,065 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, March 31 $ 12,441,715 285,972 12,727,687 (30,829,559) 289,534,315 .~$258,704,756 $ 11,126,897 305,237 11,432,134 (10,485,069) 326,337,980 $315,852,911 16 CITY OF ROANOKE PENSION PLAN BALANCE SHEET MARCH 31, 2003 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets FY 2003 $ 528,190 259,588,137 1,590 5,785 $ 260,123,702 FY 2002 $ 1,978,980 315,180,828 1,590 5,434 $ 317,166,832 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance $ 1,416,694 2,252 1,418,946 289,534,315 (30,829,559) 258,704,756 $ 260,123,702 $ 1,269,734 44,187 1,313,921 326,337,980 (10,485,069) 315,852,911 $ 317,166,832 17 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 9, 2003 File #1-24-79-289 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. 36302-050503 amending §2-238, Authority to reduce or waive interest and penalty payments, of Article XI, Director of Finance, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by expanding the authority of the Director of Finance regarding reduction or waiver of interest and penalty payments on fees and charges owed the City; 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, May 5, 2003, and is in full force and effect upon its passage. Sincerely' Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Cimuit of Virginia The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia N:\CKMHl~Agenda.03~lay 5, 2003 correspondence.wpd Jesse A. Hall May 9, 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 Barry L. Key, Director, Office of Management and Budget Dana D. Long, Manager, Billings and Collections N:\CKMHl~Agenda.03~May 5, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day o£ Ymy, 2003. No. 36302-050503. AN ORDINANCE amending §2-238, Authority to reduce or waive interest and penalty payments, of Article XI, Director of Finance, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by expanding the authority of the Director of Finance regarding reduction or waiver of interest and penalty payments on fees and charges owed the City; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 2-238, Authority to reduce or waive interest and penalty payments, of Article XI, Director of Finance of Chapter 2, Administration of the Code of the City of Roanoke (1979), shall be amended and reordained to read and provide as follows: Sec. 2-238. Authority to reduce or waive interest and penalty payments. The director of finance, when in his discretion it is just and proper, may accept interest or penalty payments at a rate less than that prescribed by this Code or may waive such interest or penalty payments for failure to pay in a timely fashion any of the following obligations: (1) Assessments against owners of abutting property for public improvements. (2) Charges levied against landowners for failure to remove noxious weeds or for removal of buildings, walls or other structures which might endanger the public health and safety. (3) City taxes. (4) Other fees and charges owed the City. 2. Pursuant to § 12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: City Clerk. H:\o-am2r238reductionandwaiverofpenalties.doc JESSE A. HALL Dirtctor of Finance email: jess~_halt~i.manokc.va.us CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: ann_shawvcr(~ci.roanokc.va.us May 5, 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: Authority to Waive Penalty and Interest Section 2-238 of the Code of the City of Roanoke ("City Code") provides authority for the Director of Finance to accept interest or penalty payments at a rate less than prescribed and to waive interest in certain circumstances. These circumstances are specifically described as: a) for assessments against owners of abutting property for public improvements, b) for charges levied against landowners for failure to remove noxious weeds or for removal of buildings, walls or other structures which might endanger the public health and safety, and c) for city taxes. The Director of Finance administers a city wide accounts receivable billing system which generates invoices for various types of charges such as bad checks, intergovernmental agency charges, leases, sewage dumping fees, police report fees, solid waste collection fees, and emergency medical service billings. This system also generates invoices for removal of noxious weeds and for removal of buildings which are specifically set forth in Section 2-238. This system applies a 10% or $10 minimum late payment penalty along with interest at the legal rate. It is sometimes necessary to waive penalty and interest on these types of billings due to timing differences in payments, possible errors or when a disputed billing is being resolved. Additionally, the Director of Finance administers parking tickets for which similar authority for waiver of the $15 late payment penalty is also needed. Waiver of penalty or interest is not a common occurrence, but is needed in certain legitimate circumstances. Honorable Mayor and Members of Council May 5, 2003 Page 2 Consideration: A modification to Section 2-238 of the City Code to include "other fees and charges owed the City" would provide proper legal authority for waiver of penalty and interest for invoices and parking tickets. Recommended Action: Amend Section 2-238 of the City Code to provide authority for the Director of Finance to waive penalty and interest applied to other fees and charges in addition to the specifically listed charges or taxes. Sincerely, Jesse A. Hall Director of Finance JAH/dl Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 9, 2003 File #5-24-111-289 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. 36304-050503 amending and reordaining Section 20-89, Penalties For Unlawful Parkinq, of Division 3, Duties of Police Officers, Penalties For Unlawful Parking, of Article IV, Stopping, Standinq and Parking, of Chapter 20, Motor Vehicles and Traffic, to effect amendments to Section 20-89 that govern penalties for unlawful parking in order to increase the effectiveness and efficiency of collecting fines for parking violations and to eliminate redundancy; effective September 1, 2003; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 5, 2003, and is in full force and effect upon its passage. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of Virginia N:\CKMHl~Agenda.03\May 5, 2003 correspondence.wpd Jesse A. Hall May 9, 2003 Page 2 pc: The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable David C. Anderson, City Treasurer 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. AIbright, 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 A. L. Gaskins, Chief of Police Barry L. Key, Director, Office of Management and Budget Dana D. Long, Manager, Billings and Collections N:\CKMHl~Agenda.03\May 5, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2003. No. 36306-050503. AN ORDINANCE amending and reordaining Section 20-89, Penalties For Unlawful Parking, of Division 3, Duties of Police Officers, Penalties For Unlawful Parking of Article IV, Stooping. Standing and Parkin~ of Chapter 20, Motor Vehicles and Traffic, to effect amendments to Section 20-89 that govem penalties for unlawful parking in order to increase the effectiveness and efficiency of collecting fines for parking violations and to eliminate redundancy; providing for an effective date; and dispensing with the second reading by title of this ordinance. Section 20-89, Penalties For Unlawful Parkin? of Division 3, Duties of Police Officers, Penalties For Unlawful Parking. of Article IV, Stoopino. Standing and Parkin~ of Chapter 20, Motor Vehicles and Traffic, is hereby amended and reordained to read and provide as follows: § 20-89. Penalties for unlawful parking. (a) It shall be unlawful and shall constitute a parking violation, unless otherwise designated as a misdemeanor, for any person to violate any of the provisions of .... ~ .... ~ ........t,~ ~:..;.: .... c.~.:~ ~. .... division 1 of this article. (h) (1) Every person receiving written notice from a police officer that he has violated any of the sections of the ~'"'v,~,~' ..... division I of this article may waive his right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such violation, of the penalty set forth below. Such penalty shall be paid to the city treasurer during the regular working hours of his office or through any other method established by city council for the routine payment of such penalties. For purposes &this subsection, penalties shall be deemed to have been "paid" when full payment therefore has been received by the city treasurer, regardless of whether such penalty is paid in person or is mailed. The city treasurer shall not be authorized to accept partial payment of penalties due. Penalties for parking violations shall be as follows: Colunm 1 Column 2 Column 3 Section Violation Penalty Penalty If paid within 40 15 days If paid after 40 15 of the issuance by an days of the issuance officer of a notice of by an officer of a violation notice of violation 20-65(3); 20-65(6); 20-65(7); 20-65(10);20-65(12); $ 10.00 $ 25.00 20-65(13); 20-70; 20-72; 20-73 or 20-75 20-65(14) or 20-68 er 20 $ 15.00 $ 30.00 20-69 (except subsection $ 20.00 $ 20.00 20-65(1); 20-65(2); 20-65(5);20-65(8); $ 20.00 $ 35.00 20-65(9); 20-66; 20-67; or 20-71 20-65(15) $ 25.00 $ 40.00 20-65(4) or 20-74 $ 33.00 $ 48.00 20-69(m) 0) or 20-76 $125.00 $ 140.00 (b) (2) If the applicable penalty listed in Column 2 is not paid within *~" tm~ .... ~.v!fifleen (15) days of the issuance by an officer ora notice of violation, then the applicable penalty listed in Column 3 shall apply. .............. '~:^- ~.~ 2 ~ ,~ Lc A late notice ~ ...................... , ...... xr;~:-:~ !mere ...... ~ shall be sent by the city's ~m~ department of billings and collections to the violator. Any violator N:~CAEDkMensu~sXPolice\Code Amendment 20-89 Penalties for Unlawful Parking 2003.doc 2 to whom such late notice is sent may pay the applicable penalty listed in Colum 3 above within fi;'z (5) ~ay: fifieen (15) days of the date of such late notice. If the violator does not pay the penal~y pursuant to such late notice, a law enforcement not~ce pursuant to Section 46.2-941 of the Code of Virginia (1950), as amended, shall be sent by the city's department of billings and collection* to the violator. (c) If a violator does not pay the penalty provided for abc;'z within .... ~ ....... pt ~n Column 3 above within fifieen (15) days of receipt of a law enforcement notice sent pursuant to section 46,2-941, Code of Virginia (1950.), as amended, the clerk of the general district court and the officer responsible for issuing parking summons shall be notified of the failure to pay such penalty, in order that a summons be issued. (d) In the event that the city treasurer is advised that any person desires to contest any parking citation, the city treasurer shall transmit notice of such fact as soon as possible to the city's office department of billings and collection, which shall certil~ such fact in writing, in an appropriate form, to the clerk of the general district court. (e) Every person tried and convicted of a violation of section 20-69, except section 20-69(0, shall be fined not !cg: more than .-1~11~*~ /~71 K nf~\ twenty dollars ($20 00) l.,,--a~.,1 *t.:.,,+., ,g..,~ .,lr~11~ ,/e'l*~ nn\ inclusive of the penalty set forth above for a violation of this section, Unless ordered otherwise by the judge in whose court the violation is tried, or in which the same is cognizable, all fines and penalties arising under this section shall be paid into the city treasury. (0 Every person tried and convicted of a violation of any section of · ~. ...... .3: ....... /,~x .~:..:.: .... c .~:~ _~ .... ch'vision J of this article, except section 20-69 a~ 20-76, shall be fin~ not more lh~ two hundred doll.s ($200.00), which fine shall be imposed in addition to the other penalties s~ forth above, which sh~l also be p~d upon convi~ion. Every person tried and convicted of a violation of section 20-69(0 or section 20-76 shah be fined not less than one hundred dollars ($100. 00) and not more than five hundred dollars ($500. 00), which fine shall be imposed in addition to the other penalties set forth above, which shall also be paid upon conviction. N:XCAEDXMeasures~°olice~2ode Amendment 20-89 Penalties for Unlawful P~&ag 2003.doc 4 In any prosecution charging a violation of any section of this article or any ordinance of the city governing the standing or parking of a vehicle, proof that the vehicle described in the complaint, summons, parking ticket citation, or warrant was parked in violation of such section or ordinance, together with proof that the defendant was at the time the registered owner of the vehicle, as required by Code of Virginia, 3~ 46.2-600 et seq., shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who committed the violation. As set forth in Section 2-178. 4 of the Code of the City of Roanoke (1979), as amended, an administrative fee may be applied to the total charges. 2. This ordinance shall be in full force and effect as of September 1, 2003. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: C~y Clerk. N:'C AED\Mea-nures~PoliceX~ode Amendm*at 20-89 Penalties for Unlawful Parking 2003.doc 5 CITY OF R O/INOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 9, 2003 File #-5-24-111-289 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. 36303-050503 amending and reordaining Section 20-33.1, Same - Requirements; obtaininq license plate, tag or decal a condition precedent to discharqe of violation, and Section 20-33.2, Requirements for operation; obtaininq decal a condition precedent to discharqe of violation, of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, to provide for an increase of fines and to change the time within which to pay such fines, effective September 1, 2003; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 5, 2003, and is in full force and effect upon its passage. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc; The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of Virginia N:\CKMHl~Agenda.03\May 5, 2003 correspondence.wpd Jesse A. Hall May 9, 2003 Page 2 pc: The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable David C. Anderson, City Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue 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 A. L. Gaskins, Chief of Police Barry L. Key, Director, Office of Management and Budget Dana D. Long, Manager, Billings and Collections N:\CKMHl~Agenda.03\May 5, 2003 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of ~ay, 2003. No. 36303-050503. AN ORDINANCE amending and reordaining Section 20-33.1, Same - Requirements; obtaining license plate, tag or decal a condition precedent to discharge of violation, and Section 20-33.2, Requirements for operation; obtaining decal a condition precedent to discharge of violation, of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, to provide for the increase of fines and change the time within which to pay such fines, providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 20-33.1, Same - Requirements; obtaining license plate, tag or decal a condition precedent to discharge of violations of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: {}20-33.1 Same - Requirements; obtaining license plate, tag or decal condition precedent to discharge of violations. (a) It shall be unlawful for any owner of a motor vehicle, trailer, or semitrailer to fail to obtain and display any license plate, tag or decal required under the provisions of this article or to display upon a motor vehicle, trailer, or semitrailer any such license plate, tag or decal a~er its expiration date. A violation of this section may not be discharged by payment of a fine except upon presentation of satisfactory evidence that the required license plate, tag or decal has been obtained. H:~Measures\code amendmem 20-33.1 and 20-33.2 license lags and decals.doc (c) (d) (e) (0 Local law enforcement officers are authorized to issue citations, summonses, parking tickets, or uniform traffic summonses for violation of this section, Every person receiving written notice from a police officer that he has violated this section may waive his right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment of a penalty in the amount of forty-three dollars ($43.00). Such penalty shall be paid to the city treasurer during the regular business hours of the office. The city treasurer shall not accept payment of this penalty except upon presentation of satisfactory evidence that the required license plate, tag or decal has been obtained. The city treasurer shall no~ be authorized to accept partial payment of the penalty due. If this penalty is not paid within '~'- .... ~ v~ fifleen (15) days of the issuance by an officer of a notice of violation, a ....... v ................. %.2 ?,l, ,.-~a~ cf xr:~--:-:n rm~m ...... a~ then apeml~ offif~ight doll. s ($58.00) shall apply. A late notice shall be sent by the city's cfficc ~par~ent of billings and colleaions to ~e violator. ~y violator to whom such a late notice is sent may pay such the pen~ty of fifty-eight doll.s ($58 00) ~a ...... + o~+:~r .........:a ..... u.+ ,u~ i d ........ v .... , ... cr ..... k~ ~ ..... days of rccc~pt the ~te of such late notice. If t~ violator does not the penal~ ~r~ant to ~ch late notice, a ~ enforcement notice ~r~ant to section 46.2-941, Code of Fir~nia (195¢, ~ ame~ s~ll be sent by the ci~'s depar~ent of billings ~ collectiom to the violaton The city treasurer shall not acce~ payment of this penalty except upon presentation of satish~o~ evidence that the required license plate, tag or decal has been obtained. ~e city treasurer shall nat be authohzed to accept p~ial payment of the penalty due. If the violator fails to pay the penalty provided for above within five (5) fifteen (15) days of receipt ora law enforcement notice sent pursuant to section 46.2-941, Code of Virginia (1950), as amended, the clerk of the general district court and the officer responsible for issuing the parking summons shall be notified of the failure to pay such penalty, in order that a summons may be issued, In the event the commissioner of revenue or the city treasurer is advised that any person desires to contest a violation of this section, the commissioner of revenue or the city treasurer shall transmit notice of such fact as soon as possible to the city's cfficc department of billings and collections, which shall certify such fact in writing in an appropriate form, to the clerk of the general district court, H:~leasures~code amendment 20-33.1 ~.nd 20-33.2 liceme t~gs end decals.doc 2 (h) Every person tried and convicted of a violation of this section shall be guilty of a class 4 misdemeanor, the penalty for which shall be inclusive of the penalty set forth above for a violation of this section. Unless otherwise ordered by the judge in whose court this violation is tried, or in which the same is cognizable, all fines and penalties arising under this section shall be paid into the city treasury. As set forth in Section 2-178. 4 oft he Code of the City of Roanoke (1979), as amended, an administrative fee may be applied to the total charges. 2. Section 20-33.2, Requirements for operation; obtaining decal a condition precedent to discharge of violations, of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §20-33.2 Requirements for operation; obtaining decal condition precedent to discharge of violations. (a) (b) (c) (d) It shall be unlawful for any owner of a motor vehicle, trailer, or semitrailer to fail to obtain and display a local license decal required required by any ordinance of thc any county, city, or town, which is a party to a regional enforcement compact with the city and in which the vehicle is registered or to display upon a motor vehicle, trailer, or semitrailer any such local license decal after its expiration date. The fact that the current license tax &the situs jurisdiction has been paid on such vehicle shall not bar prosecution for a violation of this section. Any violation of this section by an owner of the vehicle may not be discharged by payment of a fine except upon presentation of satisfactory evidence that the required license decal herein required has been obtained. Any fine paid under this section shall be deposited to the credit of the general fund of the city, and no accounting need to be made thereof to the situs jurisdiction of such vehicle. Local law enforcement officers are authorized to issue citations, summonses, parking tickets, or uniform traffic summonses for violation of this section. Every person receiving written notice from a police officer that he has violated this section may waive his right to appear and be formally tried for the violation set forth in the notice upon the votumary payment of a penalty in the amount of ....... ~ ~':c ...... ~ .... O0)forty-three dollars H:~vleasures~code amendment 20-33.1 and 20-33.2 license tags and decals.doc 3 (e) (0 ($43.00). Such penalty shall be paid to the city treasurer during the regular business hours of the office. The city treasurer shall not accept payment of this penalty except upon presentation of satisfactory evidence that the required decal has been obtained. The city treasurer shall not be authorized to accept partial payment of the penalty due. If this penalty is not paid within to:: (lO)fifteen (15) days of the issuance by an officer of a notice of violation, a ~*: ................. :~- ~.5 2 n~, ,-,^.~ ~ xr:~:~:~ /, n~t~x ...... ~ then a penal~y of fifty-eight dollars ($58.00) shall apply..4 late notice shall be sent by the city's office department of billings and collections to the violator. Any violator to whom such a late notice is sent may pay ..... the penalty of fifty-eight dollars ($3-558 00) ~'~ ...... + ~,:~c~+ ...... :,~ .... fifteen (15) days of receipt the date of such late notice. If the violator does not pay the penal~y pursuant to such late notice, a law enforcement notice pursuant to section 46.2-941, Code of Virginia (1950}, as amended, shah be sent by the city's department of billings and collections to the violator. The city treasurer shall not accept payment of this penalty except upon presentation of satisfactory evidence that the required decal has been obtained. The city treasurer shall not be authorized to accept partial payment of the penalty due. If the violator fails to pay the penalty provided for above within five-O) fifteen (15) days of receipt of a law enforcement notice sent pursuant to section 46.2-941, Code of Virginia (1950), as amended, the clerk of the general district court and the officer responsible for issuing the parking summons shall be notified of the failure to pay such penalty, in order that a summons may be issued. In the event the commissioner of revenue or the city treasurer is advised that any person desires to contest a violation of this sectio~ the commissioner of revenue or the city treasurer shall transmit notice of such fact as soon as possible to the city's off~e department of btllings and collections, which shall certify such fact in writing in an appropriate form, to the clerk of the general district court. Every person tried and convicted of a violation of this section shall be guilty of a class 4 misdemeanor, the-penalty for which shall be inclusive of the penalty set forth above for a violation of this section. Unless oteaerwise ordered by the judge in whose court this violation is tried, or in which the same is cognizable, all fines and penalties arising under this section shall be paid into the city treasury. .4s set forth in Section 2-178.4 of the Code of the City of Roanoke (1979), as amended, an administrative fee may be applied to the total charges. 2. This ordinance shall be in full force and effect as of September 1, 2003. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:~V/e~aur~\cnde an~ndmem 20-33.1 and 20-33.2 license tags and decals.doc JESSE A. HALL Director of Finance email: jesse_hall~ci,roanoke.va.us CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., R. oom 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director May 5, 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: Parking Ticket and Decal Ticket Process Improvement A team comprised of members from the Department of Billings & Collections, City Treasurer, Department of Technology and the Police Department have reviewed the current parking ticket and decal ticket process and made recommendations for improvement that will have a positive impact on efficiency in processing, collections and customer service. The current parking ticket and decal ticket process has been in place, essentially unchanged except for fine increases, for over 30 years. The existing process requires that parking tickets and decal tickets be paid within 10 calendar days or a $15 late payment penalty is automatically added. For tickets unpaid after 10 days, a law enforcement notice is mailed providing 5 calendar days for the violator to pay the fine in full, including the late payment penalty. If unpaid after a 15-20 calendar day timeframe, a court summons is automatically issued and the violator incurs court costs in addition to the ticket and late payment penalty. Since tickets and late payment penalties have steadily increased, and business processes have changed in other areas, it became important to assess potential improvements to the parking ticket and decal ticket process. Customers (violators) have continually said they need more time to pay. Between customers' work schedules and timing of their paychecks, many cannot pay within the 15-20 days Honorable Mayor and Members of Council May 5, 2003 Page 2 before a court summons is issued. We have also found that many payments were mailed between the time the original ticket was issued and the law enforcement notice and the court summons were sent, which imposes additional manual work on the part of several City departments. Sections 20-33.1, 20-33.2 and 20-89 of the Code of the City of Roanoke (City Code) provide that partial payments may not be accepted by the City Treasurer. When tickets were only $2, this was an appropriate guideline. However, tickets now range from $15 to $125, not including a $15 late payment penalty and fees. While business practice dictates that the goal should be to always collect ticket payments in full, partial payments are often received through the mail or are necessary to accommodate a particular situation. A change to this section of the City Code will allow the City Treasurer to properly process payment. The fine for city decal violations is $43. Pursuant to a regional enforcement compact, the city is also authorized to ticket vehicles from surrounding jurisdictions with expired decals. The fine for decal violations for vehicles from surrounding jurisdictions (Section 20-33.2) has not been increased for some time. The fine should be increased to be the same as the fine imposed for city decal violations pursuant to section 20-33.1. When parking fines were adjusted in May 2002, the Virginia Western Community College ("VWCC") fine structure was not properly addressed. We propose increasing the parking fines at VWCC from $15 to $20. VWCC concurs with this recommendation. Considerations: The City's current process greatly impacts the workload in General District Court. Ticket volume has increased from 17,850 tickets in 2000 to 25,000 tickets in 2002. As the volume of tickets has increased without a corresponding allowance for processing time, more tickets than ever are being referred to General District Court. In order to decrease costs associated with processing and mailing law enforcement notices and court summons and to increase efficiency, we recommend increasing the length of time for customers to pay the tickets as noted on the attachment. We also recommend mailing a late notice prior to the law enforcement notice. In a survey of other localities, most generated late notices to customers providing more time to pay while few referred tickets to court unless contested. Extending the time before a ticket is sent to court would increase Honorable Mayorand Members of Council May 5, 2003 Page 3 collections and provide better customer service as well as greater efficiency. This recommendation is also supported by General District Court. We do not expect any negative impact on revenue collections. We are also taking this opportunity to eliminate redundant provisions in the ordinance and bring provisions into compliance with current state law. We recommend issuing a law enforcement notice warning violators with unpaid tickets of the liability for a $30 administrative fee as set forth in Section 58.1-3958 in the Code of Virginia and in Section 2-178.4 of the City Code should a court summons be issued. Recommended Action: Amend Sections 20-33.1, 20-33.2 and 20-89 of the Code of the City of Roanoke to: Increase the number of days for ticket processing prior to court summons from 15 to 45 and provide for issuance of a late notice prior to issuance of a law enforcement notice. · Provide that the late payment penalty does not apply until after 15 days from ticket issuance. · Provide authority for the City Treasurer to accept partial payments of parking tickets and late payment charges. Specify that a $30 administrative fee may be applied to the total charges pursuant to section 2-178.4 of the Code of the City of Roanoke (1979), as amended Amend Section 20-89 of the Code of the City of Roanoke to: · Eliminate redundant provisions. · Increase the Virginia Western Community College parking fines from $15 to $20. · Specify that a presumption exists that the registered owner is the person who committed the violation. Honorable Mayor and Members of Council May 5, 2003 Page 4 Amend Section 20-33.2 of the Code of the City of Roanoke to: · Increase the fine for expired decals for surrounding jurisdictions to $43 to make it consistent with Section 20-33.1 of the Code of the City of Roanoke. Respectfully submitted, Jesse A. Hall Director of Finance JAH/dl Attachment CZ Honorable David C. Anderson, City Treasurer Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Joe A. Gaskins, Chief of Police Ron Albright, Clerk of General District Court Barry L. Key, Director of Management & Budget Current and Proposed New Parkin¢ Ticket Processing Process Currant Costs Current Timing New Costs New Timing Ticket Issued $15 + 10 calendar days $15 + t 5 calendar days to pay to pay Late Notice Not issued n/a $15 late payment Issued after 15 penalty days and includes penalty Law Enforcement $15 plus $15 late 5 days to pay None (includes fin~ Issued after 30 Notice payment penalty and late payment days and allows 15 penalty) days to pay Total cost of a $30 $30 ticket prior to court summons Administrative Fee None n/a $30 Violator notified for court summons that this fee will apply on court summons issued Court n/a issued 15 days Issued after 45 Summons after original ticket days from original issuance ticket issuance Total Costs for a $30 $60 ; 15 ticket referred to court Length of time before a ticket is referred 15 - 20 days 45 days to court generally Court Costs $47 $47 Total costs of a $77 H07 ticket processed through courts Set-Off Debt $25 $25 Collection fees apply to tickets returned from the court for collections and submitted to the state. Total costs of $102 $132 ticket processed through delinquent collections J CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 9, 2003 File #24-79-289 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. 36305-050503 amending and reordaining Section 2-178.4, Assessment of Delinquent Taxpayers for Administrative Costs. of Article VIII, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to provide for the assessment of administrative fees for the collection of all debts owed to the City where the filing of a warrant or other documents are necessary to collect such debts; effective July 1,2003; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 5, 2003, and is in full force and effect upon its passage. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of Virginia N:\CKMHl~Agenda.03~May 5, 2003 correspondence.wpd Jesse A. Hall May 9, 2003 Page 2 pc: The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Cimuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, Ill, 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 The Honorable David C. Anderson, City Treasurer 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 Barry L. Key, Director, Office of Management and Budget N:\CKMHl~Agenda.03\May 5, 2003 correspondence,wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2003. No. 36305-050503. AN ORDINANCE amending and reordaining Section 2-178.4, Assessment of Delinquent Taxpayers for Administrative Costs. of A~icle VIII, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to provide for the assessment of administrative fees for the collection of all debts owed to the City where the filing of a warrant or other documents are necessary to collect such debts; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 2-178.4, Assessment of Delinquent Taxpayers for Administrative Cost% of Article VIII, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §2-178.4 Assessment of Administrative Costs. If collection proceedings have been commenced by the treasurer or other tax official against any delinquent taxpayer or other persons owing delinquent charges to the city, then in addition to all taxes, penalties and interest or such other charges due, such tmxpaycr persons shall pay an administrative fee as provided in section 58.1-3958, Code of Virginia (1950), as amended, to cover the cost of collection in the following amount: (a) -v~ ........ ..~..,j Thirty dollars ($330.00) if the total amount due is collected subsequent to the filing ora warrant or other appropriate legal document but prior to judgment; or (b) Twcnty Thirty-five ($335.00) dollars if the total amount due is collected subsequent to judgment. (c) One hundred and fi~y dollars ($150.00) or twenty-five 25 percent of the collection cost, whichever is less, if the collection activity is to collect on a nuisance abatement fee; however, in no event shall the fee be less than twanty-five dollars ($25.00). 2. This ordinance shall be in full force and effect as of July 1, 2003. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:~vleasmes~code amendment 2 178.4 asses admin cosls.doc 2 JESSE A. HALL Director of Finance emnJl: j~_h~l~ci.r~oke.vn.us May 5, 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 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: Assessment of Administrative Costs Section 58.1-3958 of the Code of Virginia authorizes application of an administrative fee to unpaid taxes and charges. Effective July 1,2003, these fees are being increased by State law to $30 and $35. Following notice of delinquent taxes or other delinquent charges and prior to any judgment, a fee of $30 is authorized. Subsequent to judgment, a fee of $35 is authorized. The current City Code section authorizes a fee of $20 and $25, respectively, and does not apply to charges other than delinquent taxes. We recommend amending Section 2- 178.4 of the City Code to provide for an administrative fee for other charges in addition to the administrative fee for taxes as currently authorized and to provide for the increase in fees as set forth in State law. Recommended Action: Amend Section 2-178.4 of the Code of the City of Roanoke to include other delinquent charges and to increase the administrative fee as authorized by the Code of Virginia. Respectfully sUbmitted, Jesse A. Hall Director of Finance JAH/ca Honorable Mayor and Members of Council May 5, 2003 Page 2 C~ Honorable David C. Anderson, City Treasurer Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Barry L. Key, Director of Management & Budget CITY OF R?..ANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 10, 2003 File #72-110 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Vickie L. Price, Acting Director Social Services Roanoke, Virginia Dear Ms. Price: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 5, 2003, you were appointed as an ex-officio member to the Advisory Board of Human Services to replace Glenn D. Radcliffe, resigned. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as an ex-officio member to the Advisory Board of Human Services. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Enclosures pc: Teresa M. McDaniel, Secretary, Advisory Board of Human Services Stephanie M. Moon, Deputy City Clerk N:\CKMHl\Agenda.03\May 5, 2003.Oaths.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 10, 2003 File #110-246 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Rolanda B. Russell Assistant City Manager for Community Development Roanoke, Virginia Dear Ms. Russell: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 5, 2003, you were appointed as a City of Roanoke representative to the Fifth District Employment and Training Consodium to replace Glenn D. Radcliffe, resigned. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a City of Roanoke representative to the Fifth District Employment and Training Consortium. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Enclosures pc: Vickie L. Price, Executive Director, Fifth District Consortium Stephanie M. Moon, Deputy City Clerk Employment and Training N:\CKMHl~Agenda.O3\May 5, 2003.Oaths.wpd CITY.. OF RO/tNOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 10, 2003 File #15-72-110 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Vickie L. Price, Acting Director Social Services Roanoke, Virginia Dear Ms. Price: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 5, 2003, you were appointed as a member of the Human Services Committee to fill the unexpired term of Glenn D. Radcliffe, resigned, ending June 30, 2003. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. N:\CKMHI~Agenda.03\May 5, 2003.Oaths.wpd Ms. Vickie L. Price May 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 Human Services Committee. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures pc: Teresa M. McDaniel, Secretary, Human Services Committee Stephanie M. Moon, Deputy City Clerk N:\CKMHI~Agenda.03\May 5, 2003.Oaths.wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the fifth day of May, 2003, VICKIE L. PRICE was appointed as a member of the Human Services Committee to fill the unexpired term of Glenn D. Radcliffe, resigned, ending June 30, 2003. Given under my hand and the Seal of the City of Roanoke this tenth day of May, 2003. City Clerk N:\CKMHl~Agenda.03\May 5, 2003.Oaths.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 13, 2003 File #72-110 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Vickie L. Price, Acting Director Social Services Roanoke, Virginia Dear Ms. Price: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 5, 2003, you were appointed as a member to the Roanoke Interagency Council to replace Glenn D. Radcliffe, resigned. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness.to serve as a member to the Roanoke Interagency Council. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Enclosures pc: Stephanie M. Moon, Deputy City Clerk N:\CKMHI~Agenda.O3\May 5, 2003.Oaths.wpd