HomeMy WebLinkAboutCouncil Actions 08-18-03 WYATT
36451-081803
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 18, 2003
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--Roll Call. (All Present.)
The Invocation was delivered by The Reverend Pamela P. Crump,
Pastoral Assistant for Christian Education, High Street Baptist Chumh.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, August 21,2003,
at 7:00 p.m., and Saturday, August 23, 2003, at 4:00 p.m. Council meetings
are now being offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE
THE CITY COUNCIL AGENDA AND RELATED
COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR
REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED
IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA
MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C.
TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR
CALL 853-2541.
THE CITY CLERK'S OFFICE NOW PROVIDES THE MAJORITY OF
THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING
AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL,
GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM,
CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON
MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE
ACROBAT SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE
REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO
IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER.
ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE
ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE
ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY
COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR
COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S
OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEGOV.COM, TO OBTAIN AN APPLICATION.
REGULAR SESSION
2. PRESENTATIONS AND ACKNOWLEDGMENTS:
Proclamation declaring Friday, August 29, 2003, as Hokie Pride Day.
File #3-388
**
CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meeting of Council held on Monday, July 7,
2003, and recessed until Friday, July 18, 2003.
RECOMMENDED ACTION: Dispense with the reading of the minutes, and
approve as recorded.
C-2
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.
RECOMMENDED ACTION: Concur in the request.
File #110-132
3
C-3
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.
RECOMMENDED ACTION: Concur in the request.
File #132
C-4
A communication from the City Manager requesting that Council
convene in a Closed Meeting to discuss disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #2-132
C-5
A communication from the City Manager requesting that Council
convene in a Closed Meeting to discuss disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #2-132
C-6
A communication from the City Manager requesting that Council
convene in a Closed Meeting to discuss disposition of publicly-owned
property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #2-132
C-7 Annual Report of the Board of Zoning Appeals for fiscal years 2002 and
2003.
RECOMMENDED ACTION: Receive and file.
File #51-109
C-8 Annual Report of the Industrial Development Authority for the City of
Roanoke for fiscal year 2003.
RECOMMENDED ACTION: Receive and file.
File #109-207
C-9
Qualification of the following persons:
Gall Burruss as a member of the Court Community Corrections
Program Regional Community Criminal Justice Board, for a term
ending June 30, 2005;
File #15-110-242
Wilbum C. Dibling, Jr., as a member of the Roanoke Public
Library Board, for a term ending June 30, 2006;
File #15-110-323
William D. Bestpitch as a member of the Roanoke Valley-
Alleghany Regional Commission, for a term ending June 30,
2006; and
File #15-110-326
William D. Bestpitch as a City of Roanoke representative to
Virginia's First Regional Industrial Facilities Authority, for a
term ending September 24, 2006.
File #15-110-526
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
Recommendation from the Commonwealth's Attorney for acceptance
of Victim/Witness Grant funds from the Department of Criminal Justice
Services, in the amount of $102,757.00; and a communication from the
City Manager concurring in the recommendation.
Adopted Budget Ordinance No. 36451-081803 and Resolution No.
36452-081803. (7-0)
File #60-133-502
bo
Recommendation from the Commonwealth's Attorney for acceptance
of Multi-Jurisdictional Special Drug Prosecutor grant funds, in the
amount of $84,994.00; and a communication from the City Manager
concurring in the recommendation.
Adopted Budget Ordinance No. 36453-081803 and Resolution No.
36454-081803. (7-0)
File #60-76-133
Recommendation from the Commonwealth's Attorney for appropriation
of Forfeited Criminal Assets funds, to continue criminal law
enforcement efforts; and a communication from the City Manager
concurring in the recommendation.
Adopted Budget Ordinance No. 36455-081803. (7-0)
File #5-60-76
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: NONE.
6
ITEMS RECOMMENDED FOR ACTION:
Acceptance of Temporary Assistance to Needy Families Hard to
Serve Project Grant funds from the Virginia Department of Social
Services for fiscal year 2004, in the amount of $207,000.00; and
appropriation of funds in connection therewith.
Adopted Budget Ordinance No. 36456-081803 and Resolution
No. 36457-081803. (7-0)
File #60-72
Transfer of $260,000.00 in connection with completion of Phase I
of the Roanoke Civic Center Expansion and Renovation Project.
(Withdrawn by the City Manager)
Briefing on Regional Kiosk.
File #547
b. DIRECTOR OF FINANCE:
Financial report for the month of June 2003.
Received and filed.
File #1-10
7. REPORTS OF COMMITTEES:
Request of the Roanoke City School Board for appropriation and
transfer of funds to various accounts; and a report of the Director of
Finance recommending that Council concur in the request.
Adopted Budget Ordinance No. 36458-081803. (7-0)
File #60-467
8. UNFINISHED BUSINESS:
A communication from the City Manager with regard to the Derelict
Structures Fund grant. (Deferred from the July 21, 2003 meeting of
Council.)
Adopted Resolution No. 36459-081803. (7-0)
File #165-176
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
ao
A RESOLUTION providing that the 9:00 a.m. work session of the
Council on the first Monday will convene in the Emergency Operations
Center Conference Room instead of the City Council Chamber.
Adopted Resolution No. 36460-081803. (7-0)
File #132
10. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Council Member Fitzpatrick advised that he has requested the City
Manager to compile information with regard to creating a trolley
system for the City of Roanoke, which would operate between the
Virginia Museum of Transportation, the City Market and Crystal
Spring, and reinstituting the incline on Mill Mountain. Vice-Mayor
Harris concurred in the remarks of Mr. Fitzpatrick and requested
that cost information be provided to Council in early 2004 for
consideration during fiscal year 2004 budget discussions.
File #60-67-229-316
Council Member Cutler inquired if the City Roanoke is prepared to
respond to a potential blackout, such as that which occurred
recently in New York.
File #188
8
'Council Member Cutler commended staff of the City's
Communications Department and the Parks and Recreation
Department with regard to the Quarterly Guide to Parks and
Recreation Programs in the City of Roanoke. He advised that the
Urban Forestry Plan is available for distribution.
File #67-80-240-262
The Mayor expressed appreciation to Woodmen of the World for
donating a flag to be flown near Fitzpatrick Hall at the Jefferson
Center, and advised that a dedication ceremony will be held on
September 11, 2003.
File #68-80-337
bo
Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
Mr. Jim Fields, 17 Ridge Crest Drive, Hardy, Virginia, spoke in support
of renovating Victory Stadium, and inquired as to why an American flag
is not flown at Victory Stadium. He stated that the majority of voters in
the City of Roanoke would like to cast their ballot through a public
referendum on the question of renovating Victory Stadium, or
constructing a new facility; therefore, he requested that Council
reconsider its previous decision to construct a new stadium/amphitheater
at the Orange Avenue site.
File #122
Ms. Pat Lawson, 1618 Riverside Terrace, S. E., spoke in support of saving
Victory Stadium. She announced that she will campaign for the office of
Mayor of the City of Roanoke in 2004.
File #122
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., requested a
clarification from the City Attorney and/or the City Manager with regard
to whether Council Member Dowe has a conflict of interest in voting on
the Derelict Structures Fund grant.
File #132-178-236
Mr. Chris Craft, 1501 East Gate Avenue, N. E., requested that Council
review the new traffic pattern on Williamson Road relative to installation
of a median and turning lanes, which have created a traffic hazard.
File #66-514
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke in response to a
remark made earlier in the meeting by a previous speaker in regard to the
Derelict Structures Fund grant. She clarified that the Gainsboro
community is not a derelict neighborhood and the neighborhood is in the
process of a rebirth. She advised that the Victory Stadium issue is still
alive because the Council has not voted to hold a public referendum to
enable the citizens of Roanoke to vote on the fate of Victory Stadium.
File #122-178-236
12. CITY MANAGER COMMENTS: NONE.
CERTIFICATION OF CLOSED SESSION. (5-0, Vice-Mayor Harris and
Council Member Dowe were absent.)
Appointed Chaun Dooley as a member of the City of Roanoke
Transportation Safety Commission, for a term ending October 31, 2006.
File #15-110-316
Appointed Michael W. Conner as a member of the Towing Advisory
Board, for a term ending June 30, 2006.
(City residency requirement was waived.)
File #15-110-530
THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL
7:00 P.M., IN THE CITY COUNCIL CHAMBER.
10
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 18, 2003
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call. (All Present - Council Member
Wyatt arrived late.)
The Invocation was delivered by Council Member William D. Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
NOTICE:
The Council meeting will be televised live by RVTV Channel 3 to be replayed
on Thursday, August 21, 2003, at 7:00 p.m., and Saturday, August 23, 2003,
at 4:00 p.m. Council meetings are now being offered with closed captioning
for the hearing impaired.
11
A. PUBLIC HEARINGS:
Request of Akzo Nobel Coatings, Inc., that a portion of Roanoke
Avenue, S. W., adjacent to Burks Street, be permanently closed by
barricade. Samuel N. Winkler, Spokesperson.
Adopted Ordinance No. 36461-081803. (6-0)
File #514
Request of Roanoke Country Club, Inc., and the Scott Robertson
Memorial Fund, a Virginia Non-Stock Corporation, that a 15-foot right-
of-way, extending in a northeasterly direction from the northerly
boundary of Densmore Road, N. W., be permanently vacated,
discontinued and closed. Alton B. Prillaman, Attorney.
Adopted Ordinance No. 36462-081803. (6-0, Council Member Dowe
abstained from voting.)
File #514
3.(a)
Proposed amendments to the Zoning Ordinance to better define and
differentiate between certain interrelated land use activities that involve
towing services, wrecker services, new and used motor vehicle sales and
service and a new and used commercial motor vehicle sales and service.
R. Brian Townsend, Agent, City Planning Commission.
Adopted Ordinance No. 36463-081803. (7-0)
File #24-51-530
(b)
A communication from the City Manager recommending adoption of an
ordinance amending Section 20-71 of the City Code pertaining to the
regulation of on-street or alley parking of commercial motor vehicles in
residential districts.
Adopted Ordinance No. 36464-081803. (7-0)
File #20-24-514
12
Amendment of Chapter 36.1, Zoning, Code of the City of Roanoke
(1979), as amended, Section 36.1-693, Notice of hearing, by deleting the
requirement of erecting signs when a proposed amendment affects more
than twenty-five parcels. R. Brian Townsend, Agent, City Planning
Commission.
Adopted Ordinance No. 36465-081803. (7-0)
File #24-51-107
B. OTHER BUSINESS:
1.(a)
Petition for appeal of a decision of the Architectural Review Board for
a Certificate of Appropriateness, filed by Dana A. Walker, General
Manager, H & W Properties, LLC, with regard to property located at
702 Marshall Avenue, S. W. Dana A. Walker, Spokesperson.
Based upon evidence, testimony and documents, Council voted to
affirm the decision of the City of Roanoke Architectural Review
Board on July 10, 2003, that no Certificate of Appropriateness be
issued for the installation of siding, corner boards, and window
facings at 702 Marshall Avenue, S. W., as set forth in the Petition of
Appeal, on the grounds that the proposed installation would not
maintain the architectural defining features of the building.
File #249
(b)
Recommendation of the Architectural Review Board that Council affirm
its decision to deny issuance of a Certificate of Appropriateness in
connection with the above referenced property. Robert N. Richert,
Chair, Architectural Review Board.
13
C. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., referred to overgrown
weeds at the corner of East Gate Avenue and 13th Street, N. E., which is
creating a traffic hazard; the need for guard rails along the steep portion
of Tinker Creek; and underground gas tanks at the former Getty
convenience store near the Roanoke Center for Industry and Technology.
File #95-207-472-514
Mr. Robert Gravley, 3360 Hershberger Road, N. W., expressed concern
with regard to the City's aging infrastructure, the need for creation of
more jobs leading to home ownership for citizens, and sufficient wages for
City of Roanoke employees.
File #66-178-184
THE COUNCIL MEETING WILL STAND IN RECESS UNTIL
FRIDAY, AUGUST 22, 2003, AT 9:30 A.M., AT THE ROANOKE
VALLEY RESOURCE AUTHORITY COMMUNITY ROOM, 1020
HOLLINS ROAD, N. E., FOR A JOINT MEETING OF ROANOKE
CITY COUNCIL AND THE ROANOKE COUNTY BOARD OF
SUPERVISORS, FOR AN UPDATE ON THE PROPOSED REGIONAL
WATER AND SEWER AUTHORITY.
14
Office of the Mayor
CITY OF ROANOKE
II
WHERE. dS,
WHERE.4S,
the Roanoke Valley has had a long and mutually bern!/loud
relationship with Virginia Tech and its alumni and supporters, and
the Roanoke I~alley is home to many thousands of Virginia ?ccl~
alumni and.friends; and
Virginia Tech has brought positive attention to Southwest Virgima
in academics, research and athletics, and the City of Roanoke
takes pride in the accomplishments of the University; and
WHEREAS,
the Virginia Tech Hokie Club and the Virginia Tech Ahtmni
Association are local chapters of the national organizations based
in Blacksburg, Virginia, which were formed to provide alumni and
friends of the University with organizations through which riley
can support athletic and academic endeavors of Virginia 71'ch:
and
WHEREAS,
the Virginia Tech Hokie Club and the Virginia Tech Alumni
Association will promote Friday, August 29, 2003, as the fourth
annual "HoMe Pride Day", in order to allow supporters to
demonstrate their Hokie pride by wearing Hokie colors, displaying
flags, stickers, and messages of support, and by providing various
business promotional incentives.
NOW, THEREFORE, 1, Ralph K. Smith, Mayor of the City of Roanoke, Virginia,
do hereby proclaim Friday, August 29, 2003, throughout this great Ali. America
City, as
HOKIE PRIDE D,,IY.
Given under our hands and the Seal of the City of Roanoke this eighteenth day of
August in the year two thousand and three.
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
505
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
July 7, 2003
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday, July 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 II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings,
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 Beverly T. Fitzpatrick, Jr., C. Nelson Harris,
William D. Bestpitch, M. Rupert Cutler and Mayor Ralph K. Smith ........................... 5.
ABSENT: Council Members Alfred T. Dowe, Jr., and Linda F. Wyatt ............... 2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
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 Fitzpatrick, Harris, Bestpitch, Cutler and
Mayor Smith ................................................................................................... 5.
NAYS: None ......................................................................................... 0.
(Council Members Dowe and Wyatt were absent.)
506
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. Cutler moved that Council concur in the request of the Mayor to convene
in a Closed Meeting as above described. The motion was seconded by Mr. Bestpitch
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Bestpitch, Cutler and
Mayor Smith .................................................................................................... 5.
NAYS: None ......................................................................................... 0.
(Council Members Dowe and Wyatt were absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-CITY COUNCIL: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss the disposition of publicly-owned property, where discussion in
open meeting would adversely affect the bargaining position or negotiating strategy
of the public body, pursuant to §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. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Bestpitch, Cutler and
Mayor Smith .................................................................................................. 5.
NAYS: None ......................................................................................... 0.
(Council Members Dowe and Wyatt were absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-CITY COUNCIL: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss acquisition of real property for a public purpose, where
discussion in open meeting would adversely affect the bargaining position or
negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia
(1950), as amended, was before the body.
507
Mr. Cutler 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. Bestpitch and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Bestpitch, Cutler and
Mayor Smith ...................................................................................................... 5.
NAYS: None ......................................................................................... 0.
(Council Members Dowe and Wyatt were absent.)
Council Member Dowe entered the meeting.
CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting for consultation with legal
counsel regarding a specific legal matter requiring the provision of legal advice by
such counsel, pursuant to Section 2.2-3711(A)(7), Code of Virginia (1950), as
amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the City Attorney
to convene in Closed Meeting as above described. The motion was seconded by
Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Bestpitch, Cutler and Mayor
Smith ...................................................................................................... 6,
NAYS: None ......................................................................................... 0.
(Council Member Wyatt was absent.)
At 9:05 a.m., the Mayor declared the meeting in recess for one Closed Session.
(Council Member Wyatt entered the meeting during the Closed Session.)
The Council meeting reconvened at 12:00 noon 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.
508
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION, AND ADDITIONS/DELETIONS TO THE 2:00 P.M. DOCKET:
The City Manager advised that it was intended to engage in a briefing on the
employee survey; however, the individual from Virginia Tech who was to provide the
briefing was unable to be present; whereupon, it was the consensus of Council that
the briefing would be deferred until a later date.
It was also agreed that in view of time constraints, the Fair Housing Ordinance
and Williamson Road Improvements briefings would be held today, and all other
briefings which were listed on the agenda would be deferred until a later date.
The Mayor referred to a report of the Human Services Committee submitting
funding recommendations for fiscal year 2003, and inquired if the City of Roanoke
plans to continue funding of Planned Parenthood of Blue Ridge. If so, he stated his
intent to vote against the budget ordinance at the 2:00 p.m. Council session.
Mr. Cutler requested a printed copy of all grants and grant recipients to be
funded through the Human Services Committee.
Ms. Wyatt advised that concern has been expressed by a citizen that Council
did not follow its rules of procedure when, on Monday, June 16, 2003, it removed
from the table a resolution reconstituting the Roanoke Neighborhood Partnership
Steering Committee and establishing the Roanoke Neighborhood Advocates. She
advised that pursuant to the motion adopted by Council on Monday, June 2,
Council tabled the resolution for at least 30 days to allow time for input by the
Presidents Council; therefore, she stated that she would move for a reconsideration
of the resolution at the 2:00 p.m. session of the Council.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
AGENDA ITEMS FOR THE AUGUST 4, 2003 JOINT MEETING OF COUNCIL
AND THE SCHOOL BOARD:
Council Member Cutler requested that the agenda include an item in
connection with a projected timetable for completion of all neighborhood plans.
509
BRIEFINGS:
HOUSING/AUTHORITY: Rolanda Russell, Assistant City Manager for
Community Development, advised that in June, 2003, the Fair Housing Board was
provided with a copy of a proposed draft of revisions to the Fair Housing Ordinance;
and Board members were asked to review the draft ordinance and submit
suggestions for consideration to the CityAttorney's Office. She further advised that
the City Attorney's Office received seven suggested additions to the ordinance; and
two of the suggestions, the inclusion of gays and lesbians to the list of protected
classes and provision of a fine for failure of real estate brokers and others in the
housing business to post nondiscrimination notices, have been determined to be
legally impermissible by the City Attorney's Office. She stated that remaining
suggestions primarily involve a greater role for Board members in the Secretary to
the Fair Housing Board's determination of whether a fair housing violation has
occurred and the decision to conciliate a fair housing dispute. She advised that the
decision of whether to incorporate the Board's suggestions into the proposed Fair
Housing Ordinance rests entirely within the discretion of Council.
The following is a summary of changes that the Fair Housing Board has
requested to the current draft of the new Fair Housing Ordinance; and
strikethroughs indicate the current wording of the ordinance that is to be deleted
and the italicized wording indicates language to be added to the current ordinance:
"1. Section 16-150 --The Board wants to add the following provision
to Section 16-150 below:
"3. Failure to post notice and abide by this policy shall
result in the following;
1. A warning shall be given the first time violation and
given thirty days to post notice.
2. For each violation thereafter there shall be a fine in the
amount of $250.00 payable to housing services and given
30 days to post notice."
510
§16-150. Notice to be posted by real estate brokers and others in housinq
business.
Every real estate broker and every other person in the business
of developing, selling, renting or leasing housing, including every
person who operates a multi-unit residential building containing more
than two~ 4 units, except a personal residence, shall post, in a
conspicuous location in that portion of his housing business normally
used by him for negotiating the sale, rental or leasing of housing, a
notice that contains the following language, printed in black on a light
colored background, in not less than fourteen (14) point type:
"It is contrary to public policy and to the intent of the Fair Housing
Ordinance of the City of Roanoke, Virginia, for any person to:
"1. Deny housing accommodations to any person because
of race, color, religion, national origin, sex, age, familial
status, elderliness, handicap, or marital status;" or
"2. Discriminate against any person because of race,
color, religion, national origin, sex, age, familial status,
elderliness, handicap or marital status with respect to the
terms, conditions or privileges of housing
accommodations or in the furnishing of facilities or
services in connection therewith.
2. Section 16-173(b) --The Board wants to add "and Secretary" after Council"
in subsection (b) below:
§16-173.
Responsibilities of the board.
511
(a) The board shall provide information to the public
concerning Federal, State and City fair housing laws.
(b) The board shall advise City Council about the nature,
causes, and possible solutions to fair housing issues.
(c) The board shall make tenants and landlords aware of
the resources of the board, and the authority of its
secretary to conciliate fair housing complaints.
3. Section 16-174 -- The Board wants to add the following after
"proceedings" in section 16-~174 below: "advising, notifying members
of meeting, setting agenda, serves as resource, provide and organize
training, and to help plan activities of the board"
§16-174. Ad,~inistr~t~r cj~n~r~-IIy. Secretary to the board.
There shall be ' ' of secretary to the board, not a member
of the board, who shall be appointed by the city manager and who.-T-he
adrrtinistrator or shall serve as secretary of the board and shall be
responsible for keeping the records of the board's proceedings. :Fhe
~,=,~,,,,,=, ,~,,~,,,o,,,.=o o,,,~ ,=~,~,o,,,,,,o. The adrninis~ator secretary to
the board may be a person otherwise employed by the city and the
duties of the administration of this article may be assigned in addition
to other duties.
4. Section 16-176 (a) -- The Board wants to add "members of the fair
housing board" instead of "chair" in section 16-176(a) below.
§16-176. General procedure on complaints for discriminatory practice.~;
conciliation and consent agreements.
(a) A complaint alleging the commission of a discriminatory housing
practice, in writing and sworn to or affirmed, may be filed with the
adminisfra{or of secretary to the board by the complainant. Such a
complaint shall state the name and address of the complainant and of
the person or persons against whom complaint is made and shall also
state the alleged facts surrounding the alleged commission of a
512
discriminatory housing practice, the date the discriminatory housing
practice was allegedly committed and such other information as the
board, by regulation, may require. Upon receipt of such complaint, the
~ secretary to the board shall furnish a copy of the same
to the person who allegedly committed, or is about to commit, the
alleged discriminatory housing practice and to the chair of the board.
For the protection of the privacy of the individuals involved, in personal
matters, every complaint shall be held in confidence ~
-' ' ' ~n~p~y~ unless and untilthe complainant and the
person complained against consent to its being made public, m-until
'----" ..... '- -' ' .... "--- IG 177 "'" '"" "- '- ..... No
complaint shall be filed more than ~ one (I) year after the
date of the alleged discriminatory housing practice.
5. Section 16-176 (d)- The Board wants to add "...and retained in fair
housing records. Before any conciliatory action is taken by the
Secretary it should be brought before the board" after "filed with the
board."
Any conciliation agreement arising out of such
conciliation shall be an agreement between the
p d the pi '- ' '
res on ent and com ainant, an~,-'--" ..... '-- -
o~, ,~vo, ,~y ,,,= ,,o,,~. A copy of the agreement shall be
filed with the board.
6. Section 16-177 -- The Board wants to add "with the board
concurrence" after "secretary."
§16-177. Procedure when administrator- secretary to the board finds lack of
qrounds for complaint.
If the ' ' secretary to the board determines that a
complaint filed under section 16-176 lacks reasonable grounds upon
which to base a violation of this article, he the secretary to the board
shall give written notice of such determination to the complainant, the
person complained against and the board. Th~ ,notlco ~hr-ll r.l~ ~tz-to
' ......'- fth d, ...............
513
7. The Board also questioned whether the City could add gays and
lesbians to the list of protected classes."
Ms. Russell called upon David L. Collins, Assistant City Attorney, to review
suggestions of the Fair Housing Board.
1. Section 16-150 --The Board wants to add the following provision to
Section 16-150:
"3. Failure to post notice and abide by this policy shall result in the following:
1. A warning shall be given the first time violation and given 30 days to
post notice.
2. For each violation thereafter there shall be a fine in the amount of
$250.00 payable to housing services and given 30 days to post notice."
The Assistant City Attorney advised that according to State Code it is not
legally permissible to add a $250.00 penalty for non-compliance; whereupon, Ms.
Wyatt suggested that the matter be referred to the City's Legislative Committee.
2. Section 16-173(b) -- The Board wants to add "and Secretary" after
"Council" in subsection (b) below:
(b) The board shall advise City Council about the nature, causes, and
possible solutions to fair housing issues.
Mr. Collins advised that there is no legal problem in making the change, which
is at the discretion of Council.
514
3. Section 16-174 -- The Fair Housing Board would like to add the
following after "proceedings": "advising, notifying members of
meeting, setting agenda, serves as resource, provide and organize
training, and to help plan activities of the Board".
Mr. Collins advised that the current revised draft ordinance provides that there
shall be a secretary to the Board, who is not a member of the Board, who shall be
appointed by the City Manager, and who shall serve as Secretary to the Board and
be responsible for keeping the records of Board proceedings, which essentially
provides that the secretary will keep minutes of the meetings; however, the Fair
Housing Board would like to expand the responsibilities to provide that the
secretary will be responsible for advising and notifying members of meetings,
setting agendas, serving as a resource, providing organized training and helping to
plan activities of the Board.
Ms. Russell advised that the City Administration would have no objection to
the suggestion. She called attention to discussion by the Fair Housing Board that
the title of secretary be changed, although no recommendations were offered by the
Board. The City Manager advised that secretary is a common title used for
numerous staff functions to boards and commissions; i.e.: Architectural Review
Board, City Planning Commission, Board of Zoning Appeals, etc.
Section 16-176 (d)--The Fair Housing Board would like to add "members of
the fair housing board" instead of "chair".
Mr. Collins explained that the item pertains to conciliation agreements; the
secretary has the power under the wording of the proposed draft of ordinance to
investigate a dispute, and if the secretary believes the matter is worthy of discussion
between the groups, the secretary can arrange for the parties to try and conciliate
the matter. He stated that current wording provides that upon receiving a complaint,
the secretary shall furnish a copy of the complaint to the person who allegedly
committed the discrimination and to the Chair of the Fair Housing Board; however,
the Board wishes to provide that the new ordinance will require that a copy of the
complaint will be given to not only the Chair, but to other members of the Board. He
stated that the City Attorney's Office has taken no position on the matter which is
within the discretion of the Council.
The Assistant City Manager for Community Development advised that the City
Manager has no objection to the suggestion.
515
5. Section 16-176 (d) --The Fair Housing Board would like to add "...
and retained in fair housing records. Before any conciliatory action is
taken by the secretary it should be brought before the board" after
"filed with the board".
Mr. Collins advised that the ordinance currently provides that any conciliation
agreement arising out of such conciliation shall be an agreement between the
respondent and the complainant and a copy of the agreement shall be filed with the
Board; the Fair Housing Board's suggestion is to add the following, "a copy of the
agreement shall be filed with the Board and retained in the Fair Housing records and
before any conciliatory action is taken by the Secretary, it should be brought before
the Board." He stated that the City Attorney's Office has no comment on the
suggestion which is within the discretion of Council.
Ms. Russell advised that the conciliatory section should be shared with the
Fair Housing Board, as opposed to being brought before the Board, because if there
is a problem in terms of establishing a board meeting and/or establishing a quorum
in order to make a decision, the conciliation process could be delayed. She
proposed that there be further evaluation of the process.
6. Section 16-177 -- The Board would like to add "with the board
concurrence" after "secretary."
Mr. Collins advised that this section pertains to that which the secretary finds
lack of grounds for a complaint, in which case the secretary will make a written
determination and forward to the affected parties; the Board would like to have
input into whether a matter may or may not be considered; therefore, rather than the
secretary solely making the decision of whether or not a matter may be conciliated,
the Fair Housing Board will have input into the decision.
Ms. Russell advised that under the current ordinance, the administrator
(secretary) would make the decision solely, therefore, it would be wise to ensure that
there is some communication between the secretary and the board, but not
necessarily have to wait until the board meets to have input.
There was discussion as to the feasibility of adding additional language to
provide that the secretary will report back to the Fair Housing Board on any actions
on complaints that have been reviewed or considered, which will allow the Board
to stay abreast of and to decide whether it wants to consider any policy issue, and
516
would enable the focus on the Board to remain a policy function primarily; and if the
Board is kept informed on a regular basis of the types of activities that have been
occurring and if the Board believes that policy needs to be changed in some way to
better address cases individually, it would be the Fair Housing Board's prerogative
to do so.
The City Manager advised that the proposed amendments attempt to place
more emphasis on education relative to the City's fair housing policy, since the State
organization is responsible for hearing official complaints; and the goal is that the
secretary would attempt to resolve an issue on an informal basis so that the issue
never has to be sent to the State office, to cause parties to come together in an effort
to understand the law, and to resolve issues through education. She expressed
caution insofar as setting policy because policy is established at the State and
Federal levels in terms of what constitutes a violation and what is fair housing law.
The City Manager further clarified that if the complaint cannot be dealt with in
an informal way by the secretary, it must be filed in an official manner with the
appropriate State office, therefore, the proposed ordinance will not establish policy.
She stated that through revisions, City staff has tried to clarify the appropriate role
of the local Fair Housing Board, which is primarily education; however, the
ordinance does offer the opportunity for the secretary to resolve issues on an
informal basis, but if those issues cannot be resolved, they must be referred to the
State.
There was discussion with regard to an appeals process which is currently
not provided for; whereupon, the Assistant City Manager for Community
Development advised that the State currently has the authority; Council previously
stated that it did not want a duplication of services on a local level; and if an appeals
process is provided for, the local Fair Housing Board would find itself involved in a
State function.
The City Manager advised that including the conciliation component
represents a kind of compromise; there has been only one case in approximately 20
years when it was necessary to officially go through a hearing process which was
a quasi-legal process; and she called attention to situations where the City has
advised citizens regarding the landlord/tenant laws.
517
7. The Fair Housing Board also questioned whether the
City could add gays and lesbians to the list of protected
classes.
The Assistant City Attorney advised that the Attorney General has rendered
a negative ruling on the issue.
Ms. Russell advised that City staff will meet with the Fair Housing Board on
July 28, at which time, Council's comments will be shared with the Board, with the
goal of bringing a revised ordinance to Council for consideration in the near future.
Ms. Russell also advised that the Fair Housing Board will present its Annual
Report to the Council on Monday, July 21, 2003.
TRAFFIC: Kenneth H. King, Manager, Streets and Traffic, presented a briefing
on Williamson Road improvements.
Mr. King stated that the information he would present has not changed since
the previous Council briefing on March 3, 2003. He advised that Williamson Road
consists of five lanes, two lanes in each direction, and a continuous right turn lane
in the northbound direction; concerns have been expressed with regard to an
accident problem with vehicles turning left, therefore, it is proposed to create a left
turn lane; and concerns have also been expressed about the speed of traffic and the
general appearance of the roadway, etc. He referred to the previous concept as
presented to Council on March 3 to create a five lane section, with two lanes in each
direction and a center turn lane at certain key points, and a landscaped median
throughout the center area. He explained that there have been some minor
modifications since March 3, at which time Council agreed with the concept and
instructed staff to share the information in the form of an open house with the
community for input. He noted that over 200 letters of invitation were hand delivered
to persons/businesses along the Williamson Road corridor, and the meeting was
advertised by the Williamson Road Action Forum (WRAF) and the Williamson Road
Area Business Association (WP, ABA), and flyers were hand delivered to every
property that fronted on Williamson Road, or within one block of Williamson Road.
He advised that only nine persons attended the open house, with representation by
WP, ABA and WRAF, the Airlee Court Neighborhood Association, communications
were submitted by Bill Tanger, representing Farrell property interests, and Ben
Burch and Steve Caldwell, representing the Airlee Court neighborhood. He stated
that feedback from the neighborhood was that most persons preferred a treatment
518
of the corridor throughout its entirety; and at one time there was discussion with
regard to addressing Christian Avenue south at the southern end as a demonstration
project; however, in a further review, City staff believes that if one considers the fact
that the entire roadway currently needs to be repaired and installation of median
islands in the middle of the roadway will disturb pavement around the islands, it
would be wise to pave the road throughout its entirety, which is the recommendation
that staff intends to submit to the Council. He commented that it is also believed
that mature growth trees are critical to create the environment and the atmosphere
that is desired for the area.
Mr. King reviewed a design with landscaping and landscape improvements.
He advised that other citizen/business input involved concerns about median
locations and the impact on businesses; and the stamped median as shown in the
concept plan will be similar to asphalt stamped like a brick design and painted a
brick color to create more of a calming or softening effect of the corridor. He noted
that if cost is a factor, the asphalt stamping could be the first thing to go; those
persons who provided input believed that the landscaped medians were the most
critical component of the plan and should remain in place; and, taking into
consideration all cost factors, public input was to proceed with the stamped
crosswalk marking at the intersections and address the marking at the median if
funds allow.
Mr. King explained that once the road is shifted into the new lane
configuration, the area to be landscaped will be coned off or barricaded with a sign
that says, "Future Landscaped.lsland", because with the limited number of persons
who attended the open forum and provided input, questions will be generated, and
the sign will cause the general public to take notice and make inquiries, which will
then provide the opportunity for City staffto respond, and, depending on feedback,
move forward with construction. He called attention to scheduling issues with
Roanoke Gas Company, who identified at the beginning of this year that they
planned to embark upon a major gas line replacement from Angell Avenue to
Hershberger Road through mid September, which will require that the Williamson
Road project be coordinated around the Gas Company's schedule.
At this point, Mr. King indicated that current pavement markings can be
eliminated and shift to new pavement markings, and median areas can be
barricaded, pending feedback from the public.
519
Question was raised as to whether a procedure is in place for the City to know
when and where work is to be done by utility companies; whereupon, the City
Manager advised that Roanoke Gas Company has provided the City with its
schedule for the next ten years. She referred to a later briefing on the proposed
pavement cut/utility cut policy by the City Engineer, and if Council concurs in the
recommendation of staff, the City will require utility companies in the future, when
a newly resurfaced roadway is disturbed with a cut, to repave the entire section of
the roadway, which will be a major departure from past procedure, and will be more
expensive, both to contractors and to the City, because the City will be required to
follow the same policy with City utility cuts. She advised that the City is doing a
much better job of coordinating its own utilities.
Mr. King advised that Roanoke Gas Company provided input in the
preparation of the City's annual street paving program. He explained that the City
is accomplishing more improvements on roadways than Roanoke Gas Company can
keep up with, so there will be conflicts simply by nature of the fact that work is being
done all over the City.
In closing, Mr. King advised that the next steps in the process include the
receipt of feedback from the public, if feedback is significant, another open house
could be held, along with individual meetings, and it is hoped to address issues
raised by the public and to proceed with the project following concurrence by
Council.
A concern was raised as to confusion by motorists in maneuvering through
the cones/barricades that were placed on Memorial Bridge, and it was suggested
that tape be used on Williamson Road from cone to cone so that motorists will not
drive between the cones. Mr. King advised that most likely barrels will be used on
Williamson Road which will be easier to maneuver.
Question was raised as to the timetable for addressing the traffic patterns on
Brandon Avenue and Mudlick Road, S. W.; whereupon, Mr. King advised that the
topic is scheduled for more indepth discussion at a later time; however, meetings
have been held to address the Brandon Oaks and Stratford Park Apartments traffic
concerns with regard to alternatives for a common access for development
properties at one point, including signalization, and landscaping on either side of the
roadway. He stated that the biggest challenge will be in terms of cost, inasmuch as
installation of landscape medians for the length of the road is estimated at
approximately $209,000.00, stamping of crosswalks at approximately $17,500.00, and
resurfacing cost, which is a part of the City's routine maintenance funding, is about
$174.00 per linear foot.
520
The City Manager advised that in addressing the Williamson Road, Brandon
Avenue and Grandin/Brandon areas, it became obvious that for the future, it will be
necessary to allocate annual funds within the City's operating budget, in addition to
the capital program, in order to accomplish more traffic calming, median
landscaping, etc. She added that the Mudlick/Brandon/Grandin areas are fairly new
developments in terms of the Council's agenda, design funds were set aside and it
is believed that sufficient funds have been appropriated for the Williamson Road
project and a portion of the Brandon Avenue area; however, it may be necessary to
request additional allocation of funds by Council, specifically for Brandon Avenue
at Mudlick Road and Edgewood Street, depending on how receptive property owners
are to making a change at that location.
There was discussion with regard to the appearance of the asphalt stamping,
the procedure for imprinting the surface, durability of the surface, traffic pattern from
Angell Avenue to Hershberger Road, a hazardous traffic condition in front of If-Its-
Paper, where motorists back out of the parking lot into oncoming Williamson Road
traffic, landscape maintenance costs, and whether funds are available to assist
private businesses in the refurbishment of their properties, such as If Its Paper, in
order to reconfigure the parking area to prevent motorists from backing out of the
parking lot into Williamson Road.
An observation was made by one Member of Council that parking needs
should be addressed in the 2020 Comprehensive Plan process, City staff should
develop ways to help businesses manage traffic issues, and Council should develop
an overall sense of direction for City staff, such as making traffic issues a condition
to zoning/rezoning of property.
Question was raised if the Hill Studio plan for Williamson Road was taken into
consideration in connection with traffic reconfiguration; whereupon, it was stated
that the Hill Studio plan, as well as the Comprehensive Plan, were taken into
consideration, and the recommendation before Council represents a kind of
consensus of both plans. The City Manager advised that City staff is currently
preparing a Williamson Road Area Neighborhood Plan which will contain the best
of the Hill Studio Plan, along with input from the neighborhood.
At 1:10 p.m., the Mayor declared the meeting in recess for continuation of the
Closed Sessions that were previously approved by the Council.
At 1:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m., in the
Council Chamber.
521
At 2:00 p.m., on Monday, July 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 Alfred T. Dowe, Jr., C. Nelson Harris, Linda F.
Wyatt, William D. Bestpitch, M. Rupert Cutler, and Mayor Ralph K. Smith ........... 6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.- ............................. 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Veronica Venable,
Staff Minister, Harvest Ministries, Church of God of Prophecy.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
ORGANIZATIONAL MEETING
CITY COUNCIL: The Mayor advised that the first meeting of Council in the
month of July is considered to be the organizational meeting at which time the
Council will adopt a resolution establishing the days, times and places of reoular
meetings to be held by the Council during the ensuing months; whereupon, Mr.
Dowe offered the following resolution:
(#36414-070703) A RESOLUTION establishing a meeting schedule for City
Council for the Fiscal Year commencing July 1,2003, and terminating June 30, 2004,
and rescheduling one regular meeting to be held in the month of October, 2003.
(For full text of Resolution, see Resolution Book No. 97, page 481)
Mr. Dowe moved the adoption of Resolution No. 36414-070703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
522
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................. -6.
NAYS: None ......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
REGULAR SESSION
PRESENTATIONS AND ACKNOWLEDGEMENTS:
SCHOOLS-DECEASED PERSONS: Mr. Cutler offered the following resolution
expressing sympathy upon the passing of Samuel P. McNeil, former Roanoke City
School Board Chair and former President of the Patrick Henry High School P.T.A.,
who passed away on June 20, 2003:
(#36412-070703) A RESOLUTION memorializing the late Samuel P. McNeil,
former Roanoke City School Board Chairman and a former President of Patrick
Henry High School P.T.A.
(For full text of Resolution, see Resolution Book No. 97, page 478.)
Mr. Cutler moved the adoption of Resolution No. 36412-070703. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith ................................................................................................... --6.
NAYS: None ........................................................................................ -0.
(Council Member Fitzpatrick was absent)
A moment of silence was observed in memory of Mr. McNeil.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, of forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
523
MINUTES: Minutes of the special meeting of Council held on Monday, May 12,
2003, and the regular meeting held on Monday, May 19, 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. Harris and
adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith ................................................................................................. 6.
NAYS: None ........................................................................................ 0.
(Council Member Fitzpatrick was absent.)
COMMITTEES.ROANOKE NEIGHBORHOOD PARTNERSHIP (ROANOKE
NEIGHBORHOOD ADVOCATES): A communication from Council Member William D.
Bestpitch, Member, Ad Hoc Steering Committee, to study the role~ and
responsibilities of the Roanoke Neighborhood Partnership Steering Committee,
advising that on June 16, 2003, Council adopted a resolution authorizing
reconstitution of the Roanoke Neighborhood Partnership Steering Committee as the
Roanoke Neighborhood Advocates; and the measure further provides that Council
is authorized to select seven of the initial appointees, five of whom shall be from the
current membership of the Roanoke Neighborhood Partnership Steering Committee,
was before the body.
Mr. Bestpitch further advised that on June 16, Council appointed six of the
seven initial appointees; however, no reference was made to their terms of office;
therefore, with the concurrence of Council, he proposed the following staggered
terms of office, and following completion of the initial terms of office,
reappointments shall be for three year terms:
Joseph A. Schupp
Bob R. Caudle
Robin Murphy-Kelso
Carl D. Cooper
Richard J. Nichols
Shirley M. Bethel
Three Years
Three Years
Two Years
Two Years
One Year
One Year
524
Mr. Cutler moved that Council concur in the communication. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Fitzpatrick was absent.)
EASEMENTS-BUILDINGS/BUILDING DEPARTMENT-NEWSPAPERS-CENTER
IN THE SQUARE: A communication from the City Manager requesting that Council
schedule a public hearing for Monday, July 21, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to encroachments into the public
right-of-way of modular newsracks at Center In The Square and the Sun Trust
Building, was before the body.
The City Manager advised that pursuant to requirements of the Code of
Virginia (1950), as amended, the City is required to hold a public hearing on
proposed encroachments into public rights-of-way.
Mr. Cutler moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith ................................................................................................. -6.
NAYS: None ......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
LEASES-WATER RESOURCES: A communication from the City Ma~iager
requesting that Council schedule a public hearing for Monday, July 21, 2003, at
7:00 p.m. or as soon thereafter as the matter may be heard, on a request to enter into
a new lease agreement with Nextel WIP Lease Corp., a Delaware general partnership,
d/b/a Nextel Partners, to lease a portion of the Summit Water Tank and ground site,
was before the body.
525
Itwas explained that Nextel WIP Lease Corp. has submitted a request to lease
a portion of the Summit Water Tank and ground site, which is located in the area of
4500 Franklin Road, S. W., at the end of Summit Way Drive, Official Tax No. 5380121,
for the purpose of installing directional antennas, connecting cables and
appurtenances; in order to lease the property, a new lease agreement is required,
as well as a public hearing; terms and conditions of the lease will be in accordance
with the City of Roanoke Policy regarding Wireless Telecommunication Facilities
located on City property dated January 21, 1997; and lease term shall be for four
years, commencing on August 1, 2003 and expiring on July 31, 2007, and may be
renewed for up to two five year terms, upon mutual agreement by the parties
involved.
Mr. Cutler moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith ..................................................................................................... 6.
NAYS: None ......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee Planning
Session which was held on Monday, June 2, 2003, were before the body.
Topics of discussion include: Internal Audit Report, Clerk of the Circuit Court
Accounts Payable, Civic Center, Child Day Care, Operations Center, Billings and
Collections, Cash and Inventory Counts, Engagement Letter- Roanoke City Public
Schools.
Mr. Cutler moved that the Minutes be received and filed. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
526
PENSIONS: A communication from the Director of Finance advising that
Council was briefed on restatement of the City's Pension Plan in May 2002; pensiOn
plans, such as the City of Roanoke's, are required to meet certain guidelines to
receive favorable tax status; periodically, plans must be requalified to assure that
they have incorporated tax law changes, as well as other potential changes in
Federal guidelines; the City of Roanoke Pension Plan received a favorable letter of
determination from the Internal Revenue Service (IRS), dated May 28, 2003, stating
that it has determined that the Plan continues to be qualified in form under the
Internal Revenue Code; and the determination applies to the restatement adopted
by Council on May 20, 2002, was before the body.
It was further advised that the IRS letter concludes that the Plan meets
applicable requirements of the Code as amended by the collection of laws referred
to as "GUST" (consisting of Uruguay Round Agreement Act ("GATT"), the Uniformed
Service Employment and Reemployment Rights Act of 1994 ("USERRA"), the Small
Business Job Protection Act of 1996 (the "SBJP Act"), the Taxpayer Relief Act of
1997 ("TRA '97"), the Internal Revenue Service Reform and Restructuring Act of 1997
("RRA '98"), and the Community Renewal Tax Relief Act of 2000 ("CRA); the IRS
letter does not address law changes made by the Economic Growth and Tax Relief
Reconciliation Act of 2001 ("EGTRRA"), or the Job Creation and Workers Assistance
Act of 2002 since the IRS has not opened up the determination letter process for
those changes and may not do so until as late as 2005; and nevertheless, as
required by EGTRRA, the Plan has been amended in good faith for the EGTRAA
changes required by June 30, 2003, which provisions were included in the 2002
restatement.
Mr. Cutler moved that the communication be received and filed. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Fitzpatrick was absent.)
OATHS OF OFFICE-PARKS
LIBRARIES-GREENWAY SYSTEM:
527
AND RECREATION-COMMITTEES-YOUTH-
The following reports of qualification were before Council:
W. Richard Clemmer, Jr., as a member of the Youth
Services Citizen Board, for a term ending May 31, 2006;
James Settle as a member of the Parks and Recreation
Advisory Board, for a term ending March 31, 2006;
Michael L. Ramsey as a member of the Roanoke Public
Library Board, for a term ending June 30, 2006; and
Lucy R. Ellett as a member of the Roanoke Valley
Greenway Commission, for a term ending June 30, 2006.
Mr. Cutler moved that the report of qualification be received and filed. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith ................................................................................................... -6.
NAYS: None ........................................................................................ 0.
(Council Member Fitzpatrick was absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP (ROANOKE
NEIGHBORHOOD ADVOCATES): Ms. Wyatt called attention to Resolution No. 36397-
061603 adopted by Council on June 16, 2003, which reconstituted the Roanoke
Neighborhood Partnership Steering Committee as the Roanoke Neighborhood
Advocates. She explained that in making his motion at the Council meeting on
Monday, June 2, 2003, Council Member Dowe stated that the resolution should be
tabled for a period of at least 30 days to provide time for input by the Presidents
Council; however, in acting on the resolution on Monday, June 16, Council did not
528
abide by the intent of Mr. Dowe's motion. Therefore, Ms. Wyatt moved that
Resolution No. 36397-061603 be reconsidered, in order for the Council to be in
compliance with its previous motion. The motion was seconded by Mr. Cutler and
adopted.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter; whereupon, Ms. Estelle McCadden, 2128 Mercer
Avenue, N. W., spoke in support of reconsideration of the resolution so that Council
will be in compliance with its rules of procedure. She stated that she had no
opposition to the intent of the resolution establishing the Roanoke Neighborhood
Advocates, but she was concerned that Council had not followed its motion as
adopted on June 2.
Question was raised as to the status of Resolution No. 36397-061603
inasmuch as the measure has been moved for reconsideration by the Council;
whereupon, the City Attorney advised that Council may repeal the resolution adopted
on June 16, which has an effective date of July 1, 2003, and readopt a resolution
including a later effective date.
Following further discussion and clarification by the City Attorney, it was
advised that Council officially removed Resolution No. 36397-061603 from the table
at its meeting on Monday, June 16, 2003, and the measure was properly enacted by
the Council on June 16 and will take effect on July 1, 2003 unless Resolution No.
36397-061603 is repealed and another resolution is adopted by the Council.
It was noted that the purpose of Mr. Dowe's motion on June 2 was to allow an
opportunity for the issue to be presented at the Presidents Council prior to the
Council acting on the resolution; the matter was before the Presidents Council prior
to adoption of the resolution by Council on June 16, and the Presidents Council
adopted a motion stating that it had no objection to the proposed resolution
establishing the Roanoke Neighborhood Advocates.
Following further discussion, was the consensus of Council that Resolution
No. 36397-061603 would remain in effect as adopted by the Council on Monday,
June 16, 2003.
529
PETITIONS AND COMMUNICATIONS:
AIRPORT-REGIONAL CHAMBER OF COMMERCE: Beth Doughty, President,
Roanoke Valley Regional Chamber of Commerce, advised that approximately one
year ago, she briefed the Council on 24 tactics to improve the region's economic
competitiveness, many of which are currently being addressed, although none have
a higher profile than the Campaign For Fair Air Fares, which is an effort to attract a
Iow fare air carrier to the Roanoke Regional Airport. She stated that her role is to
build a Pledge Bank, which is an effort by the business community to demonstrate
the size of the market in the Roanoke Valley; Air Tran has been targeted as the likely
carrier to provide Iow fare air service to the Roanoke Regional Airport and the
Pledge Bank will be presented to Air Tran by Barry Duvahl, former Secretary of
Commerce and Trade, and a consultant on the project working with the City of
Roanoke and Roanoke County to assist in negotiations. She explained that the goal
is to raise $2 million in pledges from the business community; currently, pledges are
at $1.96 million, with approximately $40,000.00 to go, and she is confident that the
$2 million goal will be reached, or exceeded in the near future. She called attention
to enthusiastic support by the business community, with approximately 75
businesses having made their commitment, and encouraged any business that has
not made a pledge to do so as soon as possible. She commended Roanoke City
Council and other Roanoke Valley governments who are partners in this effort.
Mayor Smith advised that not only large businesses, but small to medium
businesses, individuals and families that travel occasionally are encouraged to
make pledges in the $500.00 to $1,000.00 range.
Question was raised as to what the $2 million will buy; whereupon, Ms.
Doughty advised that the $2 million is used in an effort to demonstrate the size of the
market in Roanoke, which is difficult to gauge because the amount of leakage out
of the market to other airports is not known. She stated that the expressed goal is
round trip service to Atlanta, which is the hub of Air Tran, where the airline serves
approximately 44 destinations with more than 400 departures per day.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
53O
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-CITY CODE-COURTS FACILITY: The City Manager
submitted a communication advising that effective July 1, 2002, current City Code
Section 1-21 was enabled by State legislation, Section 53.1-120, to allow the City of
Roanoke to assess a sum not to exceed $5.00 as part of costs in each criminal or
traffic case in which the defendant is convicted of a violation of any statute
ordinance; originally, State legislation contained a July 1,2004, sunset provision on
the $5.00 fee, which sunset provision is included in the current City Code; and State
legislation, effective July 1, 2003, amends Section 53.1-120 of the State Code to
remove the July 1, 2004, sunset provision on the $5.00 fee.
The City Manager recommended that Council adopt an ordinance amending
the City Code to reflect elimination of the sunset provision on the $5.00 fee assessed
on cases for courthouse security.
Mr. Harris offered the following ordinance:
(#36415-070703) AN ORDINANCE amending Chapter 1, General Administration,
of the Code of the City of Roanoke (1979), as amended, by amending §1-21,
Courtroom security assessment, by deleting the sunset provision in §1-21, which
section provides, pursuant to §53.1-120, Code of Virginia (1950), as amended, for
assessment by the City of a fee to provide funding of courthouse security personnel;
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 483.)
Mr. Harris moved the adoption of Ordinance No. 36415-070703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith ..................................................................................................... -6.
NAYS: None ......................................................................................... -0.
(Council Member Fitzpatrick was absent.)
531
BUDGET-FIFTH PLANNING DISTRICT COMMISSION: The City Mapager
submitted a communication advising that the Fifth Planning District Regional
Alliance is an organization which was formed in 1997 to promote the economic
competitiveness of this region of Virginia; established through the passage of the
Virginia Regional Competitiveness Act in 1996, the Regional Competitiveness
Program enhances economic competitiveness for qualifying regions of the
Commonwealth of Virginia; the program is designed to reward existing regional
actions and to stimulate new regional activities; and incentive funds established for
this purpose are available to localities that carry out new levels of regional economic
development and meet established requirements.
It was further advised that the Fifth Planning District Regional Alliance is
composed of government, business and educational leaders from throughout the
region; the Alliance serves the Counties of Alleghany, Botetourt, Craig, Franklin and
Roanoke; the Cities of Covington, Roanoke and Salem; and the Towns of Vinton and
Clifton Forge; and staffing and administration for the Alliance is provided by the
Roanoke Valley-Alleghany Regional Commission.
It was explained that the Fifth Planning District Regional Alliance is making
application to re-qualify as a regional competitiveness partnership under the Virginia
Regional Competitiveness Act of 1996; and each participating government in the
region must approve a resolution establishing its intent to continue participation in
the Regional Alliance and approving the methodology for distribution of incentive
funds.
The City Manager recommended that Council adopt a resolution establishing
its intent to continue participation in the Regional Alliance and approving the
methodology for distribution of incentive funds.
Mr. Dowe offered the following resolution:
(#36416-070703) A RESOLUTION in support of participation in the Fifth
Planning District Regional Alliance and support for the distribution mechanism of
Regional Competitiveness funds.
(For full text of Resolution, see Resolution Book No. 97, page 485.)
Mr. Dowe moved the adoption of Resolution No. 36416-070703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
532
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith ..................................................................................................... -6.
NAYS: None .......................................................................................... -0.
(Council Member Fitzpatrick was absent.)
PURCHASE/SALE OF PROPERTY-BUDGET-CITY PROPERTY-DOWNTOWN
ROANOKE, INCORPORATED-HOUSING/AUTHORITY: The City Manager submitted
a communication advising that City staff is of the opinion that property located at
120 Commonwealth Avenue, N. E., which is a highly visible location, is appropriate
for use as a gateway to downtown Roanoke; the Roanoke Redevelopment and
Housing Authority (RRHA) has reached an agreement with owners to purchase the
property on the City's behalf; and funding, in the amount of $130,000.00, for the
consideration and related expenses is available in Residual Equity Transfer (001-
3337), resulting from the previous discontinuation of the Management Services Fund
and may be appropriated to a new account entitled "120 Commonwealth Avenue" to
be used for purchase of the property.
The City Manager recommended that she be authorized to purchase property
identified as Official Tax Nos. 3012825, 3012826, and 3012827, subject to satisfactory
environmental site inspection; and appropriate funds from fund balance Account No.
001-3337 to an account to be established by the Director of Finance in the Capital
Projects Fund entitled, "120 Commonwealth Avenue".
Mr. Dowe offered the following budget ordinance:
(#36417-070703) AN ORDINANCE to amend and reordain certain sections of
the 2003-2004 General and Capital Projects Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 486.)
Mr. Dowe moved the adoption of Ordinance No. 36417-070703. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
533
Mr. Dowe offered the following ordinance:
(#36418-070703) AN ORDINANCE providing for the acquisition of property
located at 120 Commonwealth Avenue, N. E., and identified by Roanoke City Tax Map
Nos. 3012825, 3012826 and 3012827, authorizing the proper City officials to execute
and attest any necessary documents for this acquisition; and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 488.)
Mr. Dowe moved the adoption of Ordinance No. 36418-070703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith ..................................................................................................... 6.
NAYS: None .................................................................................... ?---0.
(Council Member Fitzpatrick was absent.)
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that historically, the Roanoke Redevelopment and Housing
Authority (RRHA) has conducted a variety of housing programs using Community
Development Block Grant (CDBG) and HOME Investment Partnerships Program
(HOME) funds provided by the City; on October 15, 2002, pursuant to Resolution No.
36096-101502, Council authorized execution of a CDBG and HOME-funded
agreement with the RRHA to provide financial assistance for rehabilitation of o¥;ner-
occupied and rental housing as part of the Southeast ... By Design project and for
continuing activities under the RRHA's Washington Park Housing Enhancement
program, which supports its Lincoln 2000 project.
It was further advised that in its Southeast... By Design efforts, the RRHA
provides limited emergency and critical repairs through the Quick Response to
Emergencies and Critical Assistance Repairs for the Elderly (CARE) programs; for
major rehabilitation needs, the RRHA offers substantial loans to homeowners
through its Consolidated Loan Program; and The Washington Park Housing
Enhancement program has been active over the course of the Lincoln 2000 project
and offers major rehabilitation loans to homeowners, as well as development of
housing for sale to homebuyers.
534
The City Manager explained that on May 12, 2003, pursuant to Resolution No.
36326-051203, Council authorized additional funding for the RRHA's Southeast...
By Design and Washington Park housing activities by approving the City's 2003-
2004 Consolidated Plan Annual Update for submission to the U. S. Department of
Housing and Urban Development (HUD); and Council accepted 2003-2004 CDBG and
HOME funds on June 16, 2003, pursuant to Budget Ordinance No. 36377-061603 and
Resolution No. 36378-061603, pending receipt of HUD's grant approvals.
It was further explained that in order for the RRHA to conduct housing
activities approved in the Consolidated Plan, action by Council is needed; because
the Southeast... By Design and Washington Park activities are ongoing projects,
it is more efficient financially and programmatically to increase funding and extend
the existing agreement than to create a new agreement; necessary CDBG and HOME
funding is available; the extended agreement will be valued at $2,079,662.00, which
includes the original funding of $1,051,162.00, along with the $870,000.00 in new
funds provided for in the 2003-2004 Consolidated Plan and $158,500.00 in
Washington Park funding unexpended from the 2001-2002 agreement; of the total
$2,079,662.00 funding, $439,112.00 will have been expended by June 30, 2003,
leaving $1,640,550.00 available for activities during the 2003-2004 period; and, in
addition, the RRHA is also expected to leverage as much as $750,000.00 in private
rehabilitation financing through its line-of-credit with SunTrust Mortgage.
The City Manager recommended that she be authorized to execute an
amendment to the 2002-2003 CDBG/HOME Agreement with the RRHA, to be
approved as to form by the City Attorney.
Mr. Dowe offered the following resolution:
(#36419-070703) A RESOLUTION authorizing the appropriate City officials to
execute an Amendment to the 2002-2003 Agreement with the Roanoke
Redevelopment and Housing Authority and HOME Investment Partnership Program
to conduct housing activities using Community Development Block Grant and HOME
Investment Partnerships Program funds, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 97, page 489.)
Mr. Dowe moved the adoption of Resolution No. 36419-070703. The motion
was seconded by Mr. Harris and adopted by the following vote:
535
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith ..................................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that since 1996, the Blue Ridge Housing Development
Corporation (BRHDC) has successfully conducted several housing programs for the
City of Roanoke using Community Development Block Grant (CDBG) and HOME
Investment Partnerships Program (HOME) funds; on October 15, 2002, pursuant to
Resolution No. 36095-101502, Council authorized execution of a CDBG and HOME-
funded agreement with BRHDC to develop housing for new homeownership as part
of the Southeast ... By Design project; since that time, BRHDC has been acquiring
properties for rehabilitation or new construction; in addition, BRHDC has been
working with its architects and with Virginia Tech to prepare attractive, compatible
and affordable housing designs; environmental reviews have been completed on the
properties acquired and construction bid processes have begun; and actual
construction work is expected to extend through June 2004, with up to an additional
six months needed thereafter to complete the sale of all homes.
It was further advised that on May 12, 2003, pursuant to Resolution No. 36326-
051203, Council authorized additional funding for BRHDC's Southeast... By Design
activities by approving submission of the City's 2003-2004 Consolidated Plan Annual
Update to the U. S. Department of Housing and Urban Development (HUD); and
Council accepted 2003-2004 CDBG and HOME funds on June 16, 2003, pursuant to
Budget Ordinance No. 36377-061603 and Resolution No. 36378-061603, pending
receipt of grant approvals from HUD.
It was explained that in order for BRHDC to conduct housing activities
approved in the Consolidated Plan, action by Council is needed; because this is an
ongoing project, it is more efficient financially and programmatically to extend and
increase the funding under the existing agreement than to create a new agreement;
necessary CDBG and HOME funding is available; the original agreement was funded
at $698,432.00, of which $231,000.00 has been expended through June 30, 2003; by
extending the agreement, the balance of $467,000.00 will continue to be available for
completing acquisitions and other predevelopment and development costs; as
specified in the plan submitted to HUD, a total of $602,265.00 in new CDBG and
536
HOME funding is to be provided, which will increase overall funding provided under
the agreement to $1,300,697.00, and, in addition, BRHDC is expected to contribute
over $530,000.00 through its line-of-credit and construction loans.
The City Manager recommended that she be authorized to execute
Amendment No. 1 to the 2002-2003 CDBG/HOME Agreement with the BRHDC, to be
approved as to form by the City Attorney.
Mr. Cutler offered the following resolution:
(#36420-070703) A RESOLUTION authorizing the appropriate City officials to
execute Amendment No. '1 to the 2002- 2003 Agreement with the Blue Ridge Housing
Development Corporation to conduct housing activities using Community
Development Block Grant and HOME Investment Partnerships Program funds, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 97, page 490.)
Mr. Cutler moved the adoption of Resolution No. 36420-070703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
MayorSmith ................................................................................................... -6.
NAYS: None .......................................................................................... -0.
(Council Member Fitzpatrick was absent.)
BUDGET-GRANTS-VIRGINIA CARES: The City Manager submitted a
communication advising that the Virginia Community Action Re-entry System, Inc.,
(Virginia CARES) is a nonprofit organization with its home office in the City of
Roanoke, offering extensive experience in offender services; funding has been
provided through June 30, 2003, by the Byrne Memorial Formula Grant Program
(Byrne Grant), administered by the Department of Criminal Justice Services (DCJS);
the grant may be awarded only to a locality and requires a 25 per cent cash match;
and the locality must then contract with Virginia CARES to conduct offender
services.
537
It was explained that in January 2003, the City agreed to serve as Grantee and
fiscal agent for the Byrne Grant, and the City Manager executed, on behalf of the
City, the Virginia CARES Byrne Grant application; the application was successful
and the City currently contracts with Virginia CARES to provide pre- and ~,ost-
incarceration services to offenders to assist with reintegration into the community;
and Virginia CARES and its subcontracting agencies are responsible for providing
all required matching funds.
It was further explained that on May 8, 2003, the City Manager signed an
application submitted by Virginia CARES for $570,519.00 in Byrne Grant funding to
continue the program from July 1,2003, through June 30, 2004; Virginia CARES and
its subcontracting agencies will remain responsible for securing the $190,173.00 in
required matching funds; and a letter notifying the City of grant approval was
received from DCJS on June 19, 2003.
The City Manager advised that under the new contract the City will continue
to act as fiscal agent and project administrator; Virginia CARES and its
subcontractors will continue to perform all day-to-day operational activities, such
as service delivery, payroll functions and vendor payments; contract procedurec, will
provide that Byrne Grant funds disbursed to Virginia CARES cannot exceed three
times the amount of match expended, in principle avoiding City liability for match
shortfalls; however, through its involvement with the grant, the City will assume a
level of risk with respect to the actuality of disbursed funds being expended and the
allowability of those expenditures; because Virginia CARES operates through a
statewide network of 12 offices, it would not be feasible for the City to obtain all
source documents for expenditures when disbursing grant funds; and as such,
limited reviews of expenditure source documents for allowability and proper support
of expenditures can be made by the program manager and staff of the Department
of Finance at interim points during the period of the Agreement, prior to program
audit.
The City Manager recommended that Council take the following actions:
Authorize the City Manager to sign, on behalf of the City, the necessary
forms to accept the DCJS Byrne Grant funds;
Appropriate $570,519.00 in Byrne Grant funds and establish a
corresponding revenue estimate in accounts established by the
Director of Finance in the Grant Fund; and
538
3. Authorize the City Manager to execute a subgrant agreement with
Virginia CARES, Inc., to be approved as to form by the City Attorney.
Ms. Wyatt offered the following budget ordinance:
(#36421-070703) AN ORDINANCE to amend and reordain certain sections of
the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 491 .)
Ms. Wyatt moved the adoption of Ordinance No. 36421-070703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
MayorSmith .................................................................................................... 6.
NAYS: None .......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
Ms. Wyatt offered the following resolution:
(#36422-070703) A RESOLUTION accepting a grant of funds from the Byrne
Memorial Formula Grant Program, administered by the Virginia Department of
Criminal Justice Services, authorizing the City Manager to execute the requisite
documents for such grant, authorizing the City Manager to execute a subgrant
agreement with the Virginia Community Action Re-entry System, Inc. ("Virginia
CARES"), upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 97, page 492.)
Ms. Wyatt moved the adoption of Resolution No. 36422-070703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................. -6.
NAYS: None ......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
539
DOWNTOWN ROANOKE, INCORPORATED-RESIDENTIAL PARKING-CITY
CODE: The City Manager submitted a communication advising that the City of
Roanoke began issuing Residential Parking Permits for the Downtown Service
District (DSD) on May 6, 2003, and a total of five permits have been issued for the
DSD since that time; the permit parking program was originally structured to allow
residents of a permit area to obtain a permit after presenting their driver's license
and vehicle registration, both of which must show that they reside in the permit area;
the required documentation currently excludes residents that may be occupying a
property as a second home; the City Treasurer's Office has received several
requests for permits within the DSD from residents that occupy a DSD property as
a second home; due to modest participation in the program thus far and the desire
to encourage persons to choose the City of Roanoke (especially downtown) as a
place of residence, it is recommended that the availability of permit parking be
extended to those residents that occupy an eligible property as a second home;
therefore, a revision to the City Code is recommended to allow expansion of the
permit parking program.
The City Manager recommended that Council adopt on ordinance amending
Section 20-80 (b), Division 2, Residential Parking Permits, Article IV, Stopping,
Standing and Parking, Code of the City of Roanoke (1979), as amended, Chapter 20,
Motor Vehicles and Traffic, to change requirements pertaining to documentation that
must be presented to obtain a parking permit; the proposed revision will allow other
documentation such as utility bills to provide sufficient proof that the applicant
occupies a property as a second home; and the City Treasurer administers issuance
of the program, therefore, he would determine the adequacy of documentation
presented by the applicant.
Mr. Dowe offered the following ordinance:
(#36423-070703) AN ORDINANCE amending Section 20-80 of Divisivn 2
Residential Parkinq Permits, of Article IV, Stoppincj, Standin.q and Parkincj, 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.
(For full text of Ordinance, see Ordinance Book No. 97, page 493.)
Mr. Dowe moved the adoption of Ordinance No. 36423-070703. The motion
was seconded by Mr. Harris and adopted by the following vote:
54O
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Fitzpatrick was absent.)
PURCHASE/SALE OF PROPERTY-EASEMENTS-WATER RESOURCES: The
City Manager submitted a communication advising that Council adopted Ordinance
No. 36202-012103 providing for acquisition of property rights needed for
construction of the Roanoke Water Pollution Control Plant Wet Weather Project on
January 21, 2003; to date, property acquisition has proceeded ahead of schedule
and has generally been well received by property owners and adjacent businesses;
during the course of negotiations, it has become known that one of the property
owners represented on the original property acquisition list has ownership of a
connected parcel not currently considered for purchase; initial indications from the
property owner indicate a preference that the parcels of land be sold together; the
property in question is owned by Stacy Tree Service Inc., Official Tax No. 4340315;
in reviewing the situation, City staff further believes that the parcel of land will likely
have some benefit in future road alignments related to Plant expansion; therefore,
authorization is needed to move forward with procurement of title work, appraisals,
and documents preparation related to acquisition of the necessary property rights,
and funding is available in Account No. 003-510-8362-9050 for the additional
property.
The City Manager recommended that the City Manager and the City Attorney
be authorized to take all necessary steps to acquire all property rights for the above
described property, such property rights may be acquired by negotiation or eminent
domain, and may include fee simple, permanent easements, temporary construction
easements, rights-of-way, licenses or permits, etc., subject to satisfactory
environmental site inspection.
Mr. Cutler offered the following ordinance:
(#36424-070703) AN ORDINANCE providing for the acquisition of property
identified as Official Tax No. 4340315, needed by the City from Stacy Tree Service,
Inc., in connection with the construction of the Roanoke Water Pollution Control
Plant ("WPCP") Wet Weather Project; setting a limit on the consideration to be
offered by the City; providing for the City's acquisition of such property by
541
condemnation, under certain circumstances; authorizing the City to make motion for
the award of a right of entry on the parcel for the purpose of commencing the
project; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 495.)
Mr. Cutler moved the adoption of Ordinance No. 36424-070703. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................... -6.
NAYS: None ............................................................................................ -0.
(Council Member Fitzpatrick was absent.)
BUDGET-HUMAN SERVICES COMMITTEE: The City Manager submitted a
communication advising that the Human Services Committee budget, in the amount
of $540,159.00, was established by Council with adoption of the General Fund
budget for fiscal year 2003-04 on May 12, 2003; requests from 43 agencies, totaling
$1,099,358.00, were received; and agencies were notified of tentative allocations and
advised that they could appeal the funding recommendations.
It was explained that appeals of Human Services Committee
recommendations, as provided by policy, were received after notification of each
agency of its tentative recommended allocation; appeals were filed by the National
Multiple Sclerosis Society and Roanoke Valley CASA; after hearing appeals, no
changes were made to the recommended allocations; and performance audits will
be conducted by the Council of Community Services to evaluate the effectiveness
and efficiency of all funded programs.
The City Manager recommended that Council transfer $540,159.00 from the
Human Services Committee, Account No. 001-630-5220-3700, to new line items to be
established within the Human Services Committee budget, as follows:
542
Recommended 2003~04
Planned Parenthood of Blue Ridge
Roanoke Valley Speech and Hearing Center
Unified Human Services Transportation (RADAR)
Star Program
Bethany Hall
Roanoke Valley CASA
Southwestern Virginia Second Harvest Food Bank
Greenvale School
Child Advocacy Center - Family Support Program
Roanoke Area Ministries
Conflict Resolution Center
Brain Injury Services of Southwest Virginia
Blue Ridge Independent Living Center
League of Older Americans
Adult Care Center
Presbyterian Community Center, Inc. - Pathways Program
Mental Health Association
TRUST - Roanoke Valley Trouble Center
National Multiple Sclerosis Society
Girl Scouts of Virginia Skyline Council, Inc.
Northwest Child Development Center
Council of Community Services:
A. Information and Referral/Volunteer Roanoke Valley
B. Human Services Planning Project
Apple Ridge Farm
Roanoke Adolescent Health Partnership, Inc.
Fifth District Employment and Training Consortium-
Homeless Supportive Service Initiative
Family Services of Roanoke Valley:
A. Action Program
B. Home Care Aide
C. Family and Individual Counseling
D. Adults Plus
Blue Ridge Legal Services, Inc.
Bradley Free Clinic
West End Center for Youth:
A. Educational Services Program
B. After School Program
$ 5,000.00
3,500.00
20,000.00
10,000.00
5,000.00
15,000.00
10,000.00
5,000.00
30,000.00
6,000.00
10,000.00
10,000.00
29,000.00
7,000.00
2,300.00
8,000.00
5,000.00
20,000.00
13,000.00
7,795.00
10,000.00
5,000.00
3,000.00
15,000.00
10,000.00
14,500.00
3,000.00
30,000.00
40,000.00
543
Downtown Music Lab
The National Conference for Community and Justice
(NCC J)
Big Brothers/Big Sisters of Roanoke Valley:
Community Based Mentoring Program
Goodwill Industries of the Valleys
Roanoke Valley Interfaith Hospitality Network
St. John's Community Youth Program, Inc.
Boys and Girls Club - Violence Prevention
Roanoke Valley Family Learning Center
Roanoke Valley Chapter - American Red Cross -
Disaster Services
Salvation Army: A. Turning Point
B. Emergency Shelter and Transitional
Housing for Men
Inner City Athletic Association
CHIP:
A. Helpful Opportunities for Parents to Excel (HOPE)
B. Family Strengthening
C. Care Coordination
YMCA of Roanoke Valley - Magic Place
YMCA of Roanoke Valley - Homework Success and
Drop-In Summer Outreach
YWCA:
A. Therapeutic Aquatics
B. Child Care
C. Youth Club
D. Resident Program
Council of Community Services - Monitoring Services
4,000.00
2,000.00
3,000.00
30,000.00
5,000.00
5,000.00
10,000.00
-0-
14,000.00
14,000.00
4,000.00
5,000.00
25,000.00
22,000.00
9,000.00
10,000.00
5,000.00
5,000.00
5,000.00
11,064.00
Appropriate funding in the amount of $73,141.00 to
Account No. 001-630-5315-2010.
Mr. Dowe offered the following budget ordinance:
(#36425-070703) AN ORDINANCE to amend and reordain certain sections of
the 2003-2004 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 496.)
544
Mr. Dowe moved the adoption of Ordinance No. 36415-070703. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, and Cutler .............. 5.
NAYS: Mayor Smith .................................................................................. 1.
(Council Member Fitzpatrick was absent.)
Mr. Bestpitch stated that even though his spouse is employed by the YMCA
of Roanoke Valley, one of the agencies to be funded through the Human Services
Committee, the City Attorney advises that he does not have a conflict of interest and
may cast his vote on the budget ordinance.
The Mayor advised that approximately 29 agencies have been recommended
for funding through the Human Services Committee for fiscal year 2003, and he
supports 28 of the 29 agencies; however, he cannot support funding for Planned
Parenthood of the Blue Ridge in the amount of $5,000.00.
POLICE DEPARTMENT-BUDGET: The City Manager submitted a
communication advising that in fiscal year 2002-03, the Police Department provided
for a fee training at its Police Academy for Roanoke County's police officers, recruit
officers and dispatchers; the City of Roanoke Police Department has agreed to
provide to Roanoke County the same fee-based training in fiscal year 2003-04; and
the Police Department received $26,820.00 in June 2003 ($180.00 per person X 149
persons) for fiscal year 2003-04 training and deposited the funds to deferred
revenue, Account No. 001-2338.
The City Manager recommended that Council appropriate $26,820.00 to the
General Fund, Police Training, Account No. 001-640-3115-2044, for training and
development, with a corresponding increase to the General Fund revenue estimate
for Roanoke County Police Training, Account No. 001-110-1234-1461.
Mr. Dowe offered the following budget ordinance:
(#36426-070703) AN ORDINANCE to amend and reordain certain sections of
the 2003-2004 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 499.)
545
Mr. Dowe moved the adoption of Ordinance No. 36426-070703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
GRANTS-HOUSING/AUTHORITY.HOTEL ROANOKE CONFERENCE CENTER-
LOANS: The City Manager and the Director of Finance submitted a joint
communication advising that the City of Roanoke entered into a United States
Department of Housing and Urban Development (HUD) Section 108 Loan Agreement
for $6 million in March 1994, with an average interest rate of 6.78 per cent; funds
were loaned to Hotel Roanoke, LLC via a three-party loan agreement between the
City of Roanoke, Roanoke Redevelopment and Housing Authority (RRHA) and; ;otel
Roanoke, LLC, and were used as part of the financing for refurbishing The Hotel
Roanoke; the three party loan agreement states that Hotel Roanoke, LLC will paythe
same interest rate that the City pays on the HUD loan; the City pledged its
Community Development Block Grant (CDBG) for repayment of the loan, if
necessary; CDBG funds are used to repay the loan, and payments from Hotel
Roanoke, LLC are treated as CDBG program income; per the loan agreement with
Hotel Roanoke, LLC, annual payments are made to the extent that operating
revenues are available, as defined in the loan agreement; and any unpaid amounts
accumulate and are added to future payments due.
It was further advised that the HUD Section 108 loan is eligible for refinancing
after payment of the scheduled August 1, 2003 payment; the City is in the process
of coordinating with HUD to refinance the remaining principal balance of
$3,825,000.00; HUD believes that the City should be able to refinance the
outstanding balance at approximately one half of the current rate; if the C:.'.y is
successful in obtaining this favorable interest rate, savings should approximate
$850,000.00 to $870,000.00 over the remaining life of the loan; the lower interest rate
will reduce future payments due from Hotel Roanoke, LLC and improve the potential
for collecting the amounts due in arrears, which will potentially result in more CDBG
program income for future years; and the loan agreement with RRHA and Hotel
Roanoke, LLC will need to be amended to reflect the lower interest rate.
546
The City Manager and the Director of Finance recommended that Council
adopt a resolution authorizing the City Manager, the City Clerk, and the City Attorney
to execute the necessary documents to refinance the HUD Section 108 loan, and to
authorize the City Manager to execute an amendment to the loan agreement with
RRHA and Hotel Roanoke, LLC., to conform the terms of such contract with the
terms of refinancing.
Mr. Dowe offered the following resolution:
(#36413-070703) A RESOLUTION authorizing certain actions in connection
with the redemption and refinancing of certain Section 108 guaranteed obligations
previously issued by the City.
(For full text of Resolution, see Resolution Book No. 97, page 480.)
Mr. Dowe moved the adoption of Resolution No. 36413-070703. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................. -6.
NAYS: None ......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
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 May
2003.
There being no questions and without objection by Council, the Mayor advised
that the Financial Report for the month of May 2003 would be received and filed.
BUDGET: The Director of Finance submitted a written report advising that at
the close of fiscal year 2003, budgeted funds were obligated for outstanding
encumbrances; purchase orders or contracts were issued for goods and services
as of the close of fiscal year 2003, but delivery of the goods or performance of the
services were not completed; reappropriation of the funds will carryforward unspent
budgets that were originally appropriated and are contractually obligated for the
goods and services; and appropriation amounts are as follows:
547
General Fund
Water Fund
Water Pollution Control Fund
Civic Facilities Fund
Department of Technology Fund
Fleet Management Fund
School Fund
School Food Services Fund
$1,968,007.00
270,169.00
600,430.00
31,309.00
187,216.00
1,305,495.00
2,620,094.00
50,570.00
The Director of Finance recommended that Council adopt an ordinance to
reappropriate funds into current year budgets, in order that encumbrances may be
properly liquidated.
Mr. Dowe offered the following budget ordinance:
(#36427-070703) AN ORDINANCE to amend and reordain certain sections of
the 2003-2004 General, Water, Water Pollution Control, Civic Center, Department of
Technology, Fleet Management, School and School Food Services Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 500.)
Mr. Dowe moved the adoption of Ordinance No. 36427-070703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................. ---6.
NAYS: None ......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
REPORTS OF COMMITTEES:
COMMUNITY PLANNING-RAILSlDE LINEAR WALK: A report of the City
Planning Commission advising that renaming the Railside Linear Walk the
O. Winston Link Railwalk was considered by the Planning Commission on June 19,
2003; the Railside Linear Walk project has been a multi-year effort linking the
downtown market area with the Transportation Museum, and honoring Roanoke's
548
railroad history; a proposal to change the name to the O.Winston Link Railwalk was
presented to Council on May 19, 2003; and upon consideration of the request and
public comment received during the meeting, Council referred the matter to the City
Planning Commission for study, report and recommendation, was before the body.
It was further advised that prior to the City Planning Commission's
consideration, various organizations with an interest in downtown Roanoke, historic,
and railroad related issues were contacted to comment on the proposed name
change; and the City Planning Commission received written comments from the
following organizations and interests:
Downtown Roanoke, Inc., which supported the name
change to the O. Winston Link Railwalk.
Roanoke Chapter, National Railway Historic Society,
which did not support the proposed name change, but
preferred naming the facility after Robert H. Smith, former
President of Norfolk and Western Railroad.
Roanoke Valley Preservation Foundation, which did not
support the proposed name change, but preferred naming
the railwalk the, "Norfolk and Western Railwalk."
It was explained that City Planning Commission discussion centered around
a wide range of opinions that were presented on the subject, and the current status
of the railwalk in relation to its original concept and intent; some members of the
Planning Commission stated that the railwalk had not been implemented to the point
that it could be identifiable to any one person; however, eventual consensus by
Planning Commission members was that the question was not the current
programming of the railwalk, or whether or not it had fully reached its potential, but
whether the requested name change was appropriate; therefore, it was the
consensus of the City Planning Commission that there appeared to be no compelling
reason not to support the requested name change, nor any reason to continue to
seek additional input into the matter, before sending a recommendation to the
Council.
The City Planning Commission recommended that Council approve renaming
the Railside Linear Walk the O. Winston Link Railwalk.
549
Mr. Cutler offered the following resolution:
(#36428-070703) A RESOLUTION renaming the Railside Linear Walk as the
O. Winston Link Railwalk.
(For full text of Resolution, see Resolution Book No. 97, page 505.)
Mr. Cutler moved the adoption of Resolution No. 36428-070703. The m~,tion
was seconded by Mr. Bestpitch.
John P. Bradshaw, President, Southwest Virginia History Museum, spoke in
support of the proposed name change.
Resolution No. 36428-070703 was adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith ..................................................................................................... 6.
NAYS: None ......................................................................................... 0.
(Council Member Fitzpatrick was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
FIRE DEPARTMENT. ACTS OF ACKNOWLEDGMENT: Council Member Wyatt
expressed appreciation to the Volunteer Fire Department in Scruggs, Virginia, for its
assistance in coming to the aid of a family member who needed oxygen over the
July 4th weekend.
ACTS OF ACKNOWLEDGMENT: Mayor Smith commended all persons involved
in the City's successful July 4th activities.
550
FIRE DEPARTMENT: Council Member Cutler commended the City of Roanoke
Fire/EMS Department, in connection with its efforts to extinguish a fire on Cornwallis
Avenue, S. E., on July 5th.
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.
ARMORY/STADIUM: Mr. Jim Fields, 17 Ridge Crest Road, Hardy, Virginia,
spoke in support of preserving Victory Stadium. He called attention to successful
4th of July celebrations at Victory Stadium that have been enjoyed by a large segment
of the Roanoke Valley. He stated that Victory Stadium is a historical site and should
be preserved in memory of World War II veterans; there is sufficient area under the
grandstands for office space, exhibits, etc.; and the field is large enough to
accommodate a running track for Roanoke's high school students. He added that
a large number of citizens have signed petitions in opposition to the Orange Avenue
site for the proposed stadium/amphitheater, and the issue should be placed on the
November ballot for a vote by the citizens of Roanoke.
POLICE DEPARTMENT-SCHOOLS: Ms. Alice Hincher, 4024 South Lake Drive,
S. W., requested that Police Officer Ray Lewis be reinstated as a School Resource
Officer at Patrick Henry High School. She stated that the school division has
experienced problems with regard to school safety, crime and violence; and when
Officer Lewis made the decision to come forth and speak to the news media with
regard to his observations and concerns, he caused other Roanoke City employees
to make a choice as to whether they were to be a part of the school system's
problems or a part of the solution; unfortunately the Police Department made the
wrong choice when officials decided to reassign Officer Lewis from the Schools to
the Patrol Division; and when the City Manager offered to reinstate Officer Lewis as
a School Resource Officer at William Fleming High School, her action was short of
the goal to return Officer Lewis to Patrick Henry High School. She stated that
Council is a separate entity and cannot solve all of the problems of the schools, but
this is one aspect of the school safety and violence issue that Council can provide
a solution; therefore, she requested that Officer Lewis be reinstated as a School
Resource Officer, not at William Fleming, but at Patrick Henry High School.
Mr. Joe "Butch" Church, 1921 Queens Mill Drive, Roanoke County, appeared
before Council as a citizen of Roanoke County to speak on behalf of Officer Lewis.
He stated that Student Resource Officers are critical to school safety; and in working
with Roanoke County government as an elected official, he was instrumental in
551
obtaining four grants from the Commonwealth of Virginia for School Resource
Officers for Roanoke County Schools. He spoke in support of Officer Lewis as a
friend, as a person who is trustworthy, honest, caring and his decisions are made
for the right reasons. He added that Officer Lewis has an uncanny ability to identify
a situation that is about to get out of hand and diffuse the situation, which is a-skill
that cannot be taught. He advised that a School Resource Officer may be the last
connection with a troubled student, or the last connection before disaster happens;
and Officer Lewis is highly skilled in his profession, and he is an asset to Patrick
Henry High School.
POLICE DEPARTMENT-BUDGET-COMPLAINTS-HOUSING/AUTHORITY-CITY
EMPLOYEES: Mr. Robert N. Gravely, 3360 Hershberger Road, N. W., advised that the
City of Roanoke is behind schedule in maintaining its infrastructure and its
neighborhoods. He spoke in connection with the need to increase the wages of City
employees so that the average City worker can afford a home and a vehicle.
POLICE DEPARTMENT-COMPLAINTS: Mr. Hugh Mayo, 930 Lafayette
Boulevard, N. W., owner of Big Daddy's Ice House, a non-alcoholic beverage
nightclub for persons age 18 and over, which is located in downtown Roanoke,
advised that his business has been discriminated against by the City of Roal0oke.
He added that false remarks have been made about his business by the Police
Department, the City sent a letter to the owner of the building providing five days to
correct an alleged public nuisance, and the doors to the building housing his
business were locked by the property owner. He stated that his business does not
constitute a public nuisance and it is wrong for the Police Department to make false
statements.
Council Member Fitzpatrick entered the meeting.
POLICE DEPARTMENT-SCHOOLS: Council Member Bestpitch expressed
concern with regard to school discipline and the possibility of violence in the
Roanoke City Public Schools; and advised that he ha requested a clarification by the
City Manager with regard to the appropriate roles and responsibilities of the School
Resource Officer program in general. He stated that there is a need for broadbased
collaboration among School staff, the Police Department, parents and students, to
look at specific questions and to recommend a better way to address school
discipline problems, to ensure appropriate roles and responsibilities for School
Resource Officers; and it is hoped that Council Members will have no objection to
recommending that such a process take place, through broad based participation
552
and involvement. He further stated that a second issue of concern to him
personally, and he has posed specific questions to the City Manager, is in regard to
the decision to reinstate Officer Lewis as a School Resource Officer at William
Fleming High School, as opposed to Patrick Henry High School, where he was
originally assigned and he is waiting for the City Manger's response; however, he
stated that he is not willing to stand by and see any specific individual scapegoated
for larger problems that do not appear to have been of his making.
Council Member Wyatt advised that she has listened to Officer Lewis' side of
the story, reviewed his documentation, and found him to be an honorable man,
whose biggest sin is that he loves Patrick Henry High School and the students
enough that he is willing to put himself on the line, which is a gift that the City of
Roanoke should not loose. She advised that Officer Lewis gave his best, and asked
that the City treat him fairly and not allow him to be used as a scapegoat, while
losing sight of the bigger issue, which is that he put his career on the line for the
safety of Roanoke's children. She advised that the School Board and the School
Superintendent have a responsibility to address the issue.
The Mayor requested information on the chain of command within the Police
Department and how the School Resource Officer program interacts between the
City and the School system.
The City Manager responded that the issue is a personnel matter, and she will
continue to maintain the confidentiality of this and all personnel matters. She stated
that she has committed to an independent personal investigation of the matter; she
initiated the original investigation when she expressed concern with regard to media
coverage, which did not demonstrate whether or not the Police Officer, for whom
she is responsible, had acted in accordance with all of his responsibilities; she was
not concerned about the fact that the Police Officer spoke with the news media,
when, in fact, City employees, both current and past, have appeared before Council
on a regular basis and made comments about her performance, or the performance
of the City administration, and the record demonstrates that City employees are free
to make comments, therefore, the issue of speaking out is not the issue. She
advised that she met with Officer Lewis on two occasions, and waited approximately
eight days for him to provide additional documentation which was not received until
last week. She further advised that the chain of command, rightly or wrongly, is
such that she is the Council's appointee and any action on a personnel matter
should be addressed with her as Roanoke's City Manager, because the chain of
command stops at that point. She stated that the Chief of Police reports to the City
553
Manager; she has reviewed the matter independently of the Police Department's
investigation; and her record is such that she has demonstrated that she tries to
treat each and every employee issue confidentially and fairly and will continue to do
so. She stated that it is understood that there is much public sentiment around the
issue; and she must make her decision based upon the evidence that is
demonstrated to her in a review of the situation. She advised that the Council would
be provided with a list of the chain of command within the Police Department;
however, the buck stops with the City Manager.
CITY MANAGER COMMENTS: NONE.
At 3:35 p.m., the meeting was declared in recess for two Closed Sessions.
At 5:15 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding and all Members of the Council in attendance, with the exception of
Council Members Fitzpatrick, Harris and Bestpitch who left the meeting during the
Closed Session.
COUNCIL: With respect to the Closed Meeting just concluded, Ms. Wyatt
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 my motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Wyatt, Cutler and Mayor Smith ..................... 5.
NAYS: None ......................................................................................... 0.
(Council Members Fitzpatrick, Harris and Bestpitch were absent.)
OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING: The Mayor
advised that there is a vacancy on the City Planning Committee created by the
resignation of S. Wayne Campbell, and called for nominations to fill the vacancy.
554
Ms. Wyatt placed in nomination the name of Paula Prince.
There being no further nominations, Paula Prince was appointed as a member
of the City Planning Commission, to fill the unexpired term of S. Wayne Campbell,
resigned, ending December 31, 2004, by the following vote:
FOR MS. PRINCE: Council Members Dowe, Wyatt, Cutler and Mayor Smith----4.
NAYS: None ........................................................................................ .0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised
that there is a vacancy on the Roanoke Redevelopment and Housing Authority
created by the resignation of Beverly T. Fitzpatrick, Jr., and called for nominations
to fill the vacancy.
Ms. Wyatt placed in nomination the name of Greg Feldmann.
There being no further nominations, Mr. Feldmann was appointed as a
member of the Roanoke Redevelopment and Housing Authority, for a term ending
August 31, 2006, by the following vote:
FOR MR. FELDMANN: Council Members Dowe, Wyatt, Cutler and
Mayor Smith .................................................................................................. -4.
NAYS: None ........................................................................................... -0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
COMMITTEES.COURT COMMUNITY CORRECTIONS BOARD: The Mayor
advised that the three year term of office of Gall Burrus as a member of the Court
Community Corrections Program Regional Community Criminal Justice Board
expired on June 30, 2003, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Gail Burrus.
There being no further nominations, Ms. Burrus was reappointed as a member
of the Court Community Corrections Program Regional Community Criminal Justice
Board, for a term ending June 30, 2006, by the following vote.
555
FOR MS. BURRUS: Council Members Dowe, Wyatt, Cutler and Mayor Smith--4.
NAYS: None ........................................................................................... -0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
HUMAN DEVELOPMENT-COMMITTEES: The Mayor advised that the one year
terms of office of Frank W. Feather, Pamela Kestner-Chappelear and Judy O.
Jackson as members of the Human Services Committee expired on June 30, 2003,
and called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Frank W. Feather,
Pamela Kestner-Chappelear and Judy O. Jackson.
There being no further nominations, Mr. Feather, Ms. Kestner-Chappelear, and
Ms. Jackson were reappointed as members of the Human Services Committee, for
terms ending June 30, 2004, by the following vote:
FOR MR. FEATHER, MS. KESTNER-CHAPPELEAR, AND MS. JACKSON:
Council Members Dowe, Wyatt, Cutler and Mayor Smith ....................................... -4.
NAYS: None ............................................................................................ -0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
COMMITTEES- FLOOD REDUCTION/CONTROL: The Mayor advised that the
one year terms of office of Kathy S. Hill, E. L. Noell and Herbert C. Berding, Jr., as
members of the Flood Plain Committee expired on June 30, 2003, and called for
nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Kathy S. Hill, E. L. Noel, and
Herbert C. Berding, Jr.
There being no further nominations, Ms. Hill, Mr. Noel and Mr. Berding were
reappointed as members of the Flood Plain Committee, for terms ending June 30,
2004, by the following vote:
FOR MS. HILL AND MESSRS NOEL AND BERDING: Council Members Dowe,
Wyatt, Cutler and Mayor Smith ........................................................................ -4.
NAYS: None ............................................................................................ -0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
556
COMMITTEES- WAR MEMORIAL: The Mayor advised that the one year term
of office of Sloan H. Hoopes as a member of the War Memorial Committee expired
on June 30, 2003, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Sloan H. Hoopes.
There being no further nominations, Mr. Hoopes was reappointed as a
member of the War Memorial Committee, for a term ending June 30, 2004, by the
following vote:
FOR MS. HOOPES: Council Members Dowe, Wyatt, Cutler and Mayor Smith--4.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
PARKS AND RECREATION-COMMITTEES: The Mayor advised that the one
year terms of office of E. C. Pace, III, Eddie Wallace, Michael A. Loveman and Carl H.
Kopitzke as members of the Mill Mountain Advisory Committee expired on June 30,
2003, and called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of E. C. Pace, III, Eddie Wallace,
Michael A. Loveman, and Carl H. Kopitzke.
There being no further nominations, Mr. Pace, Mr. Wallace, Mr. Loveman and
Mr. Kopitzke were reappointed as members of the Mill Mountain Advisory
Committee, for terms ending June 30, 2004, by the following vote:
FOR MESSRS: PACE, WALLACE, LOVEMAN AND KOPITZKE: Council
Members Dowe, Wyatt, Cutler and Mayor Smith ............................................... -4.
NAYS: None ........................................................................................... -0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
COMMITTEES-PERSONNEL DEPARTMENT: The Mayor advised that the three
year terms of office of Alphonzo L. Holland, Sr., and Carol D. Tuning as members of
the Personnel and Employment Practices Commission expired on June 30, 2003, and
called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Alphonzo L. Holland, Sr., and
Carol D. Tuning.
557
There being no further nominations, Mr. Holland and Ms. Tuning were
reappointed as members of the Personnel and Employment Practices Commission,
for terms ending June 30, 2006, by the following vote:
FOR MR. HOLLAND AND MS. TUNING: Council Members Dowe, Wyatt, Cutler
and Mayor Smith ............................................................................................ -4.
NAYS: None ............................................................................................ -0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
(Ms. Tuning submitted her resignation as a member of the Personnel and
Employment Practices Commission on August 4, 2003, prior to subscribing to the
Oath of Office for her new term.)
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP (ROANOKE
NEIGHBORHOOD ADVOCATES): The Mayor opened thefloor for nominations for one
additional appointment to the Roanoke Neighborhood Advocates; whereupon, Ms.
Wyatt placed in nomination the name of Sandra Kelley.
There being no further nominations, Ms. Kelley was appointed as a member
of the Roanoke Neighborhood Advocates, for a term ending June 30, 2006, I:,;~ the
following vote:
FOR MS. KELLEY: Council Members Dowe, Wyatt, Cutler and
Mayor Smith ................................................................................................... -4.
NAYS: None .......................................................................................... -0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
ROANOKE VALLEY-ALLEGHENY REGIONAL COMMISSION-OATHS OF
OFFICE: The Mayor advised that the three year terms of office of William D.
Bestpitch, Darlene L. Burcham and R. Brian Townsend as members of the Roanoke
Valley-Allegheny Regional Commission expired on June 30, 2003, and called for
nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of William D. Bestpitch, Darlene L.
Burcham and R. Brian Townsend.
558
There being no further nominations, Ms. Burcham and Messrs. Bestpitch and
Townsend were reappointed as members of the Roanoke Valley-Allegheny Regional
Commission, for terms ending June 30, 2006, by the following vote:
FOR MS. BURCHAM AND MESSRS. BESTPITCH and TOWNSEND: Council
Members Dowe, Wyatt, Cutler and Mayor Smith .................................................. -4.
(Council Members Fitzpatrick, Harris and Bestpitch were absent.)
There being no further business, at 5:25 p.m., the Mayor declared the meeting
in recess until Friday, July 18, 2003, at 12:00 noon, for the Regional Leadership
Summit Luncheon, which will be hosted by Roanoke County at Virginia's Explore
Park, Visitor Center Theater, 3900 Rutrough Road, S. E., Roanoke, Virginia.
The City Council meeting reconvened on Friday, July 18, 2003, at 12:00 noon
at Virginia's Explore Park (Visitor Center Theater), 3900 Rutrough Road, S. E.,
Roanoke, Virginia, for a meeting of representatives of the Regional Leadership
Summit.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, and Mayor
Ralph K. Smith ................................................................................................. 3.
ABSENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
C. Nelson Harris and Linda F. Wyatt ................................................................ -4.
OFFICERS PRESENT: George C. Snead, Jr., Assistant City Manager for
Operations; and Sheila N. Hartman, Assistant City Clerk.
Also present were Wayne G. Strickland, Secretary, Fifth Planning District
Regional Alliance; Beth Doughty, President, Roanoke Regional Chamber of
Commerce; Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport; and
members of City Councils/Boards of Supervisors and staffof the following localities:
AIleghany County, Bedford County, Franklin County, Roanoke County, City of
Covington, City of Roanoke, City of Salem, Town of Clifton Forge and Town of
Vinton.
REGIONAL INITIATIVES: Joseph P. McNamara, Chair, Roanoke County Board
of Supervisors, introduced Elmer C. Hodge, Roanoke County Administrator, who
presented the following highlights of the Roanoke Regional initiatives:
Public Safety
Read Mountain Cooperative Fire and Rescue Station
Built by Roanoke County and equipped by Botetourt
County in 1990-1991;
Located within Botetourt County lines;
Fulfills the public safety needs of both localities with an
all-volunteer staff;
Clearbrook Cooperative Fire & Rescue Station
Joint Roanoke County/Roanoke City staffing;
Responds to calls across jurisdictional lines;
Vinton Cooperative Fire & Rescue Effort
County of Roanoke and Town of Vinton work together out
of Fire House #2, which allows the operation to function as
a joint fire and rescue station;
Roanoke Regional Fire/EMS Training Center
Provides firefighting and emergency medical training for
the County of Roanoke, City of Roanoke, City of Salem and
Town of Vinton, which results in improved fire and rescue
services for all valley citizens;
Roanoke Regional Tactical Training Center Opened in the Spring of 2001;
Joint venture between the City of Roanoke and County of
Roanoke;
Provides police and sheriffs' departments with state-of-
the-art rifle range, pistol ranges, tactical training house,
and classroom facilities;
Driving range is under construction and will allow for on-
site training in emergency vehicle operation;
Emergency Services Radio System
800 MHz system installed by Roanoke County in 1988;
Currently serves the Police, Fire & Rescue, and Sheriff's
Departments of the City of Roanoke and County of
Roanoke; Added capacity allows Explore Park, Roanoke
Valley Resource Authority, Roanoke Regional Airport
Commission, and other local law enforcement and fire and
rescue agencies to have access to the system;
559
560
Sports Marketing
Convention & Visitors Bureau - Sports Marketing Committee
Partners the public and private sectors to evaluate and recruit sporting
event housing opportunities for localities across the valley;
Adult Softball Tournaments
County of Roanoke and City of Salem will co-host the A.S.A.; Class B
Men's Fast Pitch National Championship, bringing in over 60 teams
from across the nation;
Proposed Roanoke City/Roanoke County Water and Wastewater Authority
Increase water security and operational efficiencies for participating
localities;
Utility staff from the City of Roanoke and County of Roanoke are now
working together across departments;
Teams of employees are studying all angles of both water systems in
order to recommend the best aspects of each orto innovate and invent
new procedures, ultimately bringing about an efficient and organized
transition to an Authority model.
Mr. Hodge concluded by stating that there is no end to regional cooperation.
REGIONAL LEGISLATIVE AGENDA: Wayne Strickland, Executive Director,
Roanoke Valley-Alieghany Regional Commission, presented the following proposed
additions to recommendations for development of the regional legislative agenda
which were approved at the October 18, 2002 meeting of the Leadership Summit and
will be considered in the 2003 regional legislative agenda:
The General Assembly should provide statutory authority for the
separation, for taxing purposes, of business personal property
(personal property that is directly used in the conduct of a legally
authorized and licensed local business) and personal property.
Funding for Virginia's Regional Competitiveness Program (RCP) was
eliminated in 2002. The General Assembly needs to fund this important
program. The Commonwealth established the RCP in 1996 and since
that time more than 227 regional projects throughout Virginia have
been supported by RCP funds. Each dollar of RCP funds has been
561
leveraged with 19 dollars of non-state funds. In the Roanoke Valley-
Alleghany region, RCP funds have been used to support regional
industrial parks, workforce development/education, tourism and
infrastructure development.
The Commonwealth needs to move aggressively to reform its tax
system. There have been two study commissions established to
examine the problem of funding state and local governments and as
yet, there has been no major movement toward tax reform. Recently,
a new Tax Code Study Commission was established. The General
Assembly needs to encourage this Commission to complete its work
in a timely fashion and the General Assembly should act on the
Commission's recommendations to ensure Virginia's tax system is fair
and aligns service delivery responsibilities with revenue sources at the
state and local level.
He advised that this is an opportunity to get the issue off of square one, as the
Governor and members of the Republican Party are interested in the matter, and he
would like to receive responses from localities by October, 2003, in order to reach
consensus on the items and move forward. After the elections in November, he
proposed that legislators be invited to attend a meeting of the Regional Leadership
Summit at which time proposals will be reviewed. Dr. Cutler suggested that funding
freight rail service in the area be included in the items to be discussed with
legislators.
Mr. Bestpitch stated that he attended a meeting of the VML Policy Committee
on Transportation in Richmond; in a presentation by Dr. Mary Lynn Tischer
regarding reauthorization of the Transportation Act, it is proposed this year to
rename the Act the "Safe Accountable Flexible Efficient Transportation Equity Act"
(SAFE TEA). He further stated that the House of Representatives is working on a
dollar number of $375 billion, the Senate is looking at approximately $311 billion,
and the White House is regimenting $247 billion; and the picture that is being
painted gets bleaker and bleaker in terms of the amount of funding that will be
available for transportation projects. He added that new projects such as 1-73 would
still be eligible for funding, but funding may be an issue, and will continue to affect
localities.
562
Mr. McNamara advised that the land use issue was still contained in the
regional legislative agenda; Roanoke County received some assistance with Explore
Park, but would continue to supply the bulk of funding so that the County would
have a little more control over the development and use of the Park, the concept
being that it was not going to be a profitable venture any time in the near future, but
at least there would be the underlying asset that the County could develop and use
the Park.
Dr. Cutler called attention to the original statute establishing Explore Park
which provided that the land would revert to the State, and basically become a part
of the park system.
Mr. Hodge stated that Roanoke County would like more assurance from the
State that the County's investment in Explore Park will be protected; the State and
County would be working in a partnership with the National Park Service; working
in partnership with the National Park Service would provide more protection and
more reason to contribute funds, because they would have ownership and
protection of their investment.
Mr. McNamara requested that members of the Regional Leadership Summit
share the information with their respective Councils and Boards of Supervisors, and
continue to develop their own community agendas which can be incorporated in the
information to be presented to area legislators. He stated that all items approved by
the Leadership Summit last year are still contained in the regional legislative
agenda.
AIRPORT-CONSULTANTS: Beth Doughty, President, Roanoke Regional
Chamber of Commerce, presented an update on the Airport Alliance, advising that
the pledge bank was established in April, and the travel pledge program bank has
raised over $2 million from 103 businesses to date; some major users have not
pledged as yet; Barry DuVal, President and CEO, Kaufman and Canoles Consulting,
LLC, has compiled all information received to date and sent a report to AirTran
Airlines showing the support of regional alliances consisting of public/private
partnerships to recruit Iow-fare carriers; and although AirTran Airlines remains their
number one target, because of certain market and service changes, Mr. Dural will
contact other Iow-fair carriers as well. She stated that it is believed that the pledges
will exceed over $2 million; and the number one destination from Roanoke would be
to Atlanta, however, more information will be available in January, 2004.
563
Ms. Doughty distributed a Campaign For Fair Airfares Status Report, dated
July 18, 2003, which listed the names of businesses that have made pledges, those
that declined to pledge, those that made pledges but have not been received, a
target list, a list of progress to date, and a list of businesses where presentations
have been made.
Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport,
distributed copies of the joint application of the Roanoke Regional Airport
Community Consortium for Improved Air Service and the Roanoke Regional Al-port
Commission, dated June 23, 2003, to the Department of Transportation, regarding
a proposal under the Small Community Air Service Development Pilot Program
(Docket # OST -2003-15065), including an application summary. She noted that a
figure of $2.3 million in pledges was included in the application. She stated that the
80% load factor is not happening at the airport. She stated that approximately $20
million is available; approximately 200 airports will apply for the grants; no more
than 20 airports will be awarded grants; and no more than four in any one state
could receive grants, which was not an issue last year. She further stated that
Federal grants encourage co-applicants to share funding amounts; concentration
will be placed on getting the money first and then assess the interest of AirTran; the
grant documents could be negotiated; the travel bank helps to protect the revenue
guarantee for the air carrier; and the grant will not be a continuing subsidy.
Following discussion regarding adoption of a resolution of support, Ms.
Shuck encouraged members of each locality to write individual letters of suppo,'t for
the application instead, and send them directly to Docket Operations and Media
Management, M-30, Room PI-401, Department of Transportation, 400 7th Street, S.W.,
Washington, D.C. 20590, or to the Honorable Norman Mineta, Secretary of
Transportation, United States Department of Transportation, 400 Seventh Street,
Washington, D.C. 20590, to request that the application be placed on the docket.
She closed by stating that all those things that were proposed to be done last year
have been put in place, and suggested that members view the information provided
at the Department of Transportation's website (www.dot.gov/regulations.html) by
using the docket number given on the handout.
After a discussion regarding whether to adopt a resolution, or send letters by
member localities, or contact Virginia senators, representatives, or the Governor,
Ms. Shuck suggested that sending individual letters to the Department of
Transportation from each locality containing information about the various aspects
of the service and stating support of the application would be the best way to show
support.
564
Mr. McNamara stated that the airport issue is very important to the region and
also encouraged representatives of the Regional Leadership Summit to write
individual letters to show the breadth of support and the variety of peoples that the
airline would serve. He mentioned that some localities in neighboring states have
lost their commercial air carrier service recently, and again encouraged
representatives to discuss the initiative with their constituents because it is critical
to businesses in their respective communities to participate in the travel pledge
program.
OTHER BUSiNESS/ANNOUNCEMENTS:
Mayor Smith announced that Norfolk Southern Corporation has offered to
furnish a train for a non-stop rail excursion on October 15, 2003, in lieu of the next
Leadership Summit, starting in Bedford and ending in Christiansburg. He stated that
parameters should be established for the trip, and suggested that a bus could be
provided at a specific designation point in Roanoke at 11:00 a.m., to take members
to the train in Bedford; the train could leave Bedford at 11:45 a.m., travel non-stop
for three hours to Christiansburg; and a bus could be provided in Christiansburg to
transport members back to Roanoke by about 4:00 p.m. He further stated that
Norfolk Southern will serve as host and provide a box lunch on the train, there will
be a 60 person limit, advance reservations will be required, and a list will be
compiled of those who plan to attend.
Dr. Cutler spoke in support of the excursion and suggested that 3ach
jurisdiction prepare a guide of "lookout points" that could be pointed out along the
way,
Mr. McNamara advised that a Mayors and Chairs meeting will be held on
August 22, 2003, to be hosted by the Town of Vinton.
Mr. McNamara further advised that the Long Range Water Supply Study is
complete and a report, which contained 12-'15 alternatives, will be forwarded to
localities in early August, with citizen input requested toward the end of August; and
the study would not require a public hearing.
565
There being no further business, the Mayor declared the meeting of Roanoke
City Council adjourned at 1:30 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
RALPH K. SMITH
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, $.W., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
August18,2003
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 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,
Ralph K. Smith
Mayor
RKS:snh
RALPH K. SMITH
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, $.W., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
August18,2003
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss a special award, being the Shining Star
Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended.
Sincerely,
RKS:snh
Ralph K. Smith
Mayor
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Munidpal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 18, 2003
The Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Subject: Request for Closed Meeting
Dear Mayor Smith and Members of Council:
This is to request that City Council convene in a closed meeting to discuss the
disposition of publicly-owned property, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to §2.2-3711 .A.3, of the Code of Virginia (1950), as amended.
Sincerely,
Darlene L. Burcham
City Manager
DLB:f
C:
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.coln
August 18, 2003
The Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Subject: Request for Closed Meeting
Dear Mayor Smith and Members of Council:
This is to request that City Council convene in a closed meeting to discuss the
disposition of publicly-owned property, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to §2.2-3711 .A.3, of the Code of Virginia (1950), as amended.
Sincerely,
Darlene L. Burcham
City Manager
DLB:f
C;
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
CITY OF ROANOKE
OFHCE 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
August 18, 2003
The Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Subject: Request for Closed Meeting
Dear Mayor Smith and Members of Council:
This is to request that City Council convene in a closed meeting to discuss the
disposition of publicly-owned property, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to {}2.2-3711 .A.3, of the Code of Virginia (1950), as amended.
Sincerely,
City Manager
DLB:f
C~
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
Architectural Review Board
Board of Zoning Appeals
Planning £ ommlssion
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
August12,2003
The Honorable Ralph W. Smith, Mayor
Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
As Chairman of the Roanoke City Board of Zoning Appeals for 2003, it is my honor
to present to you the annual report for fiscal years July 1,2001 through June 30, 2002 and
July 1,2002 through June 30, 2003.
For fiscal year 2001-2002, the Board of Zoning Appeals held twelve (12) regular
public hearings and three (3) specially called hearings during which there were fourteen
(14) variance requests, forty-seven (47) special exception (use) requests, and three (3)
appeals to the Zoning Administrator's decisions.
For fiscal year 2002-2003, the Board of Zoning Appeals held eleven (11) regular
public hearings, during which there were fourteen (14) variance requests, thirty-seven
(37) special exception (use) requests, and no appeals to the zoning Administrator's
decisions.
On behalf of the Board, I would like to express our appreciation for Council's on-
going efforts to improve the effectiveness of the Board of Zoning Appeals through
revisions to the structure of our board membership and funding for the training and
certification of the Board members. The citizens are currently benefiting from the quality
participation of Diana Sheppard and Joe Miller as board members most recently
appointed.
Council should also know that in May. 2003, we became a fully certified Board
again with both newly-appointed members having completed the Virginia BZA Certification
Program.
In the current year, the Board of Zoning Appeals' goals are to: first, continue to
serve the citizens and developers of the community in furthering the use,
development and redevelopment of property through variances and special exceptions;
second, to continue to act as a discretionary administrative body and make
The Hono~ble Ralph W. Smith, Mayor
Membe~ of City Council
August12,2003
Page 2
decisions in matters where a person or party within the community is aggrieved by a
decision made in the enforcement of the zoning ordinance; and lastly, to recommend
to the Planning Commission and City Council necessary revisions and amendments
the zoning ordinance in order for the Board to continue to provide fair and equitable
service to the community and its citizens.
We are also currently working with the City Attorney's office to assure that our
procedures are consistent with like boards in the City and that they promote a concise and
fair process.
Sincerel
le, Chairman
KEH/bc
Roanoke City
Board of
Zoning Appeals
Annual Reports
for
Fiscal Years:
July 1, 2001 through June 30, 2002
And
July 1, 2002 through June 30, 2003
GLENN
FELDMANN
DARBY
GOODLATTE
210 1st Street
Suite 200
Post Office Box 2887
Roanoke, Virginia 24001
540 224 80(K3
Fax 540.2248050
gfdg~gfdg corn
HAND DELIVERED
August l3,2003
HARWELL M. DARBY, JR.
Direct Dial (540) 224-8006
E-mail hdarby~gfdg.com
Mary F. Parker
City Clerk, City of Roanoke, Virginia
456 Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
RE: Industrial Development Authority of the City of Roanoke, Virginia
Dear Mary:
I am delivering with this letter the Third Annual Report of the Industrial
Development Authority of the City of Roanoke, Virginia.
HMDJR:lww:0042000
Enclosures:
Very truly yours,
Harwell M. Darby, Jr.
Third Annual Report of the Industrial Development Authority
Minutes of all meetings of the Industrial Development Authority
Directors, Industrial Development Authority
(with report enclosed)
Third Annual Report
The Industrial Development Authority of the City of Roanoke, Virginia
To: The Members of Council of the City of Roanoke
Name and Organization:
The Industrial Development Authority of the City of Roanoke, Virginia was
organized pursuant to ordinance adopted by the City Council October 21, 1968.
It has been in continuous operation and has assisted the City's economic
development efforts in meeting to approve of small issue and 501(c)3 industhal
development revenue bond financings.
Membership:
There are seven members of the IDA which are appointed by Council for 3 year
terms. As of the date of filing of this report the membership, officers and terms
are as follows:
Nalne
Lynn D. Avis
Dennis R. Cronk
Margaret R. Baker
William L. Bova
Charles E. Hunter, III
S. Deborah Oyler
A. Damon Williams
Office
Chairman
Vice Chairman
Secretary-Treasurer
Expiration of Term
October 20, 2003
October 20, 2005
October 20, 2003
October 20, 2004
October 20, 2004
October 20, 2004
Staffing:.
The IDA uses the City of Roanoke Economic Development Department's staff
and works in close conjunction with Elizabeth Neu.
The IDA has determined to establish a regular meeting date the second
Wednesday of every other month. The meeting dates for the remainder of this
calendar year are August 13, September 10, October 8, November 12 and
December 10. The meetings will be held at 8:00 a.m. at the City of Roanoke,
Department o£Economic Development, 111 Frank/in Plaza, Roanoke, Virginia.
For the fiscal year ended June 30, 2003 the IDA held 6 meetings; it's average
attendance was 5, the attendance of the various members is as follows:
Annual Report
August, 2003
Page 2
ATTENDANCE ROSTER
Industrial Development Authority
Directors 7/10/02 10/30/02 11/21/02 2/12/03 4/9/03 5/28/03
Lynn D. Avis Present Present Present Presen~ Present Present
Margaret R. Baker Present Present Present Present Absent Present
William L. Bova Present Absent Present Present Absent Present
Dennis R. Cronk Present Present Present Present Present Absent
Charles E. Hunter, III Present Absent Present Present Present Present
Stark Jones* Present Present N/A N/A N/A N/A
S. Deborah Oyler Present Present Absent Absent Present Present
A. Damon Williams* N/A N/A N/A N/A Present Absent
Mr. Jones term of office expired October, 2002 and was replaced by Mr.
Williams in March, 2003.
Activities in Fiscal Year 2003:
This year the IDA:
· Approved and disbursed the remaining reimbursement funds in the amount
of $500,000 to Advance Auto pursuant to their Performance Agreement
from last year.
· Approved the funding offagade grants as follows:
Mexicorp, Incorporated for $11,704;
SNC Properties, LLC for $9,025.50; and
Angell Associates for $18,150.00.
· Assisted the Virginia Lutheran Homes /n financing a new facility and
upgrading their current facility.
· Entered into an amendment to the Loan Agreement with Cooper Industries.
· Worked with WELBA I, LLC to assist it in its fmancing needs by inducing a
manufacturing project in the amount of $6,000,000.
· Worked with Carilion Health System to assist it in its financing needs by
approving another bond issue in the amount of $110,000,000 of which
$50,000,000 is new bond funds and the remaining $60,000,000 is refunding
money.
· Made an economic development grant to the Carilion Biomedical Institute in
the amount of $50,000.
Annual Report
August, 2003
Page 3
· Received regular briefings on economic activities from Elizabeth A. Neu.
The IDA looks forward to continuing its close parm~rship in economic
development with the City of Roanoke and stands ready to work as a full economic
development partner with other members of the City's team.
Date:
MINUT~ OF THE THE MEETING OF THE~ INDUSTRIAL DEVELOPMF~NT
AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA
8 A. M. - JULY 10, 2002
ROANOKE ECONOMIC DEVELOPMENT OFFICE
PRESENT: Lynn D Avis, Margaret R. Baker, Wil~am L. Bova, Charles E. Hunter, HI
Dennis R. Cronk, S. Deborah Oyler, Stark H. Jones
ALSO PRESENT:
Harwell M. Darby, Jr. - Attorney for the Authority
Beth Neu - Director of Economic Development, City of Roanoke
Linda Bass, City of Roanoke
Chairman Lynn D. Avis called the meeting to order and declared a quorum present.
FACADE GRANT APPLICATION
Beth Neu eXplained that the Industrial Development Authority has a lot of powers besides
Industrial Revenue Bonds and that Facade Grants was one of the powers available. She
said Mexicorp, Incorporated had requested a grant in the amount of $11,704 for renovating
the four sides of their building at 325 Jefferson Street. She said City Manager Darlene
Burcham had approved this grant through the city, and they were asklno the Industrial
Development Authority to accept the money from the state and then w~rite a check to
Mexicorp for the requested amount.
After discussion, upon motion made by Billy Bova, seconded by Dennln Cronk, and
unanimously passed, the Authority will accept the money from the state and in turn write
a check to Mexicorp for the requested amount.
ADVANCE AUTO REIMBURSEMENT REOUF_ST
Attorney Darby reported that Advance Au. to has completed the refurbishi.n...g of its facility
at Crossroads Mall, and they are now asking for the full $500,000 of funding, $17,000 of
which is coming from the government. He said they are under regulation to create 230 new
jobs from this project.
Upon motion by Billy Bova, seconded by Dennis Cronk and unanimously passed, the
Advance Auto Reimbursement Request was approved.
PERFORMANCE AGRF~F~MENT EXTENSION - SOUTH1Z~RN LANE GROUP
Beth Neu reported that City Manager Darlene Burcham had received a letter requesting
that the Southern Lane Group Performance Agreement be extended. The extension was
granted by the City Manager, and no action was required by the Industrial Development
Authority Board.
Chairman Lynn Avis reported that he had received a letter and proposal from Miller,
Morgan, Agee & Clem for the audit of the IDA books for the next three years. He said the
cost for the year ending June 30, 2002 would be $2,380, for the year ending June 30, 2003 -
$2,450, for the year ending June 30, 2004 $2,525. Chairman Avis made a motion that the
contract be signed with Miller, Morgan, Agee & Clem for the three years. The motion was
seconded by Margaret Baker and was unanimously approved by the Board.
NEXT MEETING
next meeting of the Board will be held on August 14, 2002, unless otherwise notified.
Ma] ~re~. Bake~ ~---~
Sec /
MINUTES OF THE Mi~ETING OF ~ INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE. CITY OF ROANOKE, VIRGINIA
OCTOBER 30, 2002 - $ A.M.
DEPARTMENT OF ECONOMIC DEVELOPMENT. CITY OF ROANOKE
111 FRANKLIN PLAZA
PRESENT: -. Lynn Avis, Margaret Baker, Denni~ Cronk, Stark Jones, Deborah Oyler
ABSENT: William L. Bova, Charles E. Hunter, HI, F. iiT~beth A. Neu, Department of
Economic Developement, City of Roanoke
ALSO PRESENT:
Sam Vance, Attorney, Glenn, Flippin, Feldmann & Darby
Edward A. Natt, Attorney, Virginia Lutheran Homes
Chairman Lynn Avis called the meeting to order and declared a quor~m present.
There being no corrections to the July 10, 2002 minutes, upon motion made, seconded and
passed, the minutes were approved as written.
PUBLIC HEARING AND RF-qOLUTION - VIRGINIA LUTHi~.R AN HO1VW~
Attorney Sam Vance called the Public Hearing to order and asked ff there was anyone who
would ilke to be heard. There being no one, the meeting proceeded.
Attorney Natt explained the changes and additions that Brandon Oal~ would be making.
He said they are building a new facility across the street from the present one, and they are
upgrading the present facilities.
Upon motion made by Dennis Cronk, seconded by Deborah Oyler, the V'wglnla Lutheran
Homes resolution was unanimously passed as presented.
COOPER INDUSTRIEq
Attorney Sam Vance said that sufficient information had not been given for action to be
taken on the Cooper Industries resolution and asked that it be tabled.
~//~bein~ no~u,rth~b~, the meeting
was adjourned.
MINUTES OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ROANOKE
BOARD OF DIRECTORS MEETING - NOVEMBER 21, 2002 - 8 A.M.
DEPARTMENT OF ECONOMIC DEVELOPMENT - CITY OF ROANOKE
111 FRANKLIN PLAZA
PRESENT: Lynn Avis, Margaret Baker, William Bova, Dennln Cronk, Charlle Hunter,
ABSENT: Deborah Oyler
ALSO PRESENT: HarweH M. Darby, Jr. - IDA Attorney
Richard Hall - Virginia Lutheran Homes.
Chairman Lynn Avis called the meeting to order and declared a quorum present.
OCTOBER 30, 2002 MINUTF~g
There being no corrections to the October 30, 2002 minutes, upon motion made by William
Bova, seconded by Dennia Croak, the minutes were approved as written.
VIRGINIA LUTHERAN HOMES BOND RESOLUTION
Richard Hall briefly described the plans for Virginia Lutheran Homes.
Upon motion made by Denni~ Cronk, seconded by Charlie Hunter, the Virginia Lutheran
Homes Bond Resolution was unanimously passed.
COOPER INDUSTRr~S LOAN AGREEMENT AMENDMENT
Attorney Darby noted that in 1994, The Authority entered into a loan agreement with
Cooper Industries. He said that as a result of reorganization, they are requesting a Loan
Agreement Amendment and that the Loan Agreement Amendment was in order~
Upon motion made by William Bova, seconded by Denni~ Croak, the Loan Agreement
Amendment was accepted as presented.
~ORP
Beth Neu reported she had received a letter from Mexicorp advising that their project
which was approved by the IDA Board would be completed around the first of March.
INDUSTRIAL DEVELOPMENT AUTHORITY DIRECTORS
Attorney Darby said that Stark Jones had resigned from The Authority Board, and a
replacement for him would be needed.
Several names were suggested, and Chairman Avis will present suggested names to City
Council.
~re being no further business, the meeting was adjourned.
Marg~, Secretary ~'
MINUTES OF THE INDUSTRIAL DEVELOPMI~NT AUTHORITY OF TFgF~ CITY OF
ROANOKE, VIRGINIA MEETING - FEBRUARY 12, 2003 - 8 A.M.
ROANOKE REGIONAL PARTNERSHIP OFFICE
FRANKLIN PLAZA
PRESENT: Lynn D. Avis, Margaret Baker, Billy Bova, Denni~ Cronk, Charlie Hunter
ABSENT: Deborah Oyler
ALSO PRESENT:
Sam F. Vance, IV, Attorney, Beth Neu, Department of Economic
Development, City of Roanoke, l~nil Sparks, Roanoke Regional Partnership
Chairman Lynn D. Avis called the meeting to order.
FUNDING REOUEST FOR PORT OF ENTRY - ROANOKE VAI,L~,y
Phil Sparks gave a detailed report on the Port of Entry (New River Valley Airport or
Roanoke Airport) and explained that additional funding was necessary ff the Port was to
remain in the area. He said if the money to keep the Port of Entry here did not become
available, companies in the Roanoke area would suffer from the loss. He said the potential
for the Port to remain in Roanoke was tremendous. Sparks said they desperately need the
money for training -- they are $75,000 shy of what is needed. He said a letter had been
sent to all Valley governments asking for their support. He asked that the Industrial
Development Authority contribute to the need.
Chairman Lynn Avis said at the present time The Authority was not in a financial position
to make a contribution. He said a commitment had been made to the Biotechnology project
for $50,000 which was still to be paid and that The Authority would have to decline the
request. It was the consensus of Authority members that Chairman Avis was correct and
expressed regrets that The Authority could not participate in the funding.
Phil Sparks gave an update on the current activities of The Regional Partnership.
,~eing no further business, the meeting was adjourned.
Mar~Secretary~ I
Minutes of the Meeting of the
Industrial Development Authority of the City of Roanoke, Virginia
April 9, 2003, 8:00 a.m.
The Industrial Development Authority of the City of Roanoke, Virginia pursuant to a
Meeting Notice dated March 29, 2003, at 8:00 a.m. on April 9, 2003 in the Board of
Directors Meeting Room of the City of Roanoke Department of Economic
Development, 111 Franklin Plaza, Suite 333, Roanoke, Virginia 24011.
Present were:
Lynn D. Avis, Chairman
Dennis R. Cronk
C. E. Hunter, III
S. Deborah Oyler
A. Damon Williams
Absent due to illness was Margaret R. Baker, Secretary-Treasurer. Also absent was
Billy Bova.
Also present were:
Harwell M. Darby, Jr., Attorney to the Authority
Linda Wirt, Assistant to Harwell M. Darby, Jr.
J. Ryan Lingerfelt from WELBA I, LLC
Allen Lingerfelt from WELBA I, LLC
Bob Hice from Semco, Incorporated
Arthur Anderson, Esquire, McGuire Woods LLP
Robert Crawford, Realtor
Elizabeth A. Neu, Director, Department of Economic Development
Susan Mew, Department of Economic Development.
Chairman Lynn Avis called the meeting to order at 8:08 a.m. and declared a quorum
present.
Mr. Darby was dispatched to Suite 200, 111 Franklin Plaza to insure that no members
of the public had appeared for the public hearing. He reported to the Chairman that
none were present. A public hearing was held regarding the proposal of WELBA I,
LLC for the construction of a manufacturing facility in the Roanoke Centre for Industry
& Technology. The public hearing was closed by the Chairman.
J. Ryan Lingerfelt presented the IDA with the project plans for the WELBA I, LLC
construction project of a 104,000 square foot manufacturing facility at the Roanoke
Centre for Industry & Technology which will be leased to Semco, Incorporated.
Construction is expected to begin immediately and completion is projected to be
November, 2003.
Upon Motion of Dermis Cronk and seconded by Deb Oyler, the Inducement Resolution
was passed with five (5) affirmative votes.
The Chairman then welcomed A. Damon Williams as its newest member.
The Assistant Secretary-Treasurer presented the Treasurer's report to the Authority and
there was discussion as to the source of the funds.
Prior to election of officers, the Chairman then informed the Authority that his term
and that of Margaret Baker would be expiring in October, 2003. He advised that he
would not reapply for appointment to the Authority. He then requested that a
committee be appointed consisting of Dennis Cronk and Chuck Hunter to prepare a
slate of new officers and seek other members of to be appointed to the Authority. The
conunittee shall report back to the Authority at its next meeting. Motion was made by
Chuck Hunter and seconded by Deb Oyler to table the election of new officers until the
next meeting.
The Authority then received a presentation from Beth Neu and Susan Mew regarding
the Enterprise Zone faCade grant application of Angell Associates for the renovation of
its property at 126-128 Campbell Avenue, S.W. Total construction costs are estimated
to be $55,000 of which one-third or $18,150 is the amount of the grant. Upon motion of
Dennis Cronk and second by Chuck Hunter, the grant was unanimously approved.
Susan Mew presented the application of SNC, Properties, LLC for faCade
improvements to their property at 202 Market Square. Total construction costs are
estimated to be $27,350 of which one-third or $9,025.50 is the amount of the grant.
Upon motion of Dennis Cronk and second by Chuck Hnnter, the grant was also
unanimously approved.
Dennis Cronk asked for a brief review of the Enterprize Zone One program and the
Authority was reminded that it is a State program which was instituted in 1984 and
which expires December 31, 2003. Ms. Neu and Ms. Meuller indicated that the State
has informed them that the City must reapply for an Enterprize Zone and that process
will begin in the next couple of months. They are optimistic that the City's application
will be approved.
Ms. Mueller indicated that there has been recent interest in the Fafade Grant Program
and anticipates that she will be receiving more applications in the very near future. The
program was funded by the City with $100,000 and approximately half of those funds
remain available. The Authority is the conduit for the disbursal of those City funds.
Attorney Darby indicated that the Authority had received communication from Miller,
Miller, Morgan & Clem indicating that Terrence M. Clem had left the firm and that the
firm remained committed to performing the audits for the Authority for the outstanding
term of the audit agreement (2 years). By way of information, Mr. Darby indicated that
the Authority had been solicited by Mr. Clem and others to take over the audit of the
Authority. The Authority took no action on the information presented by Mr. Darby
and the agreement with Miller, Miller, Morgan & Clem remains in place.
There being no further business the meeting was adjourned at 8:50 a.m.
Respectfully submitted,
Harwell M. Darby, Jr.
Assistant Secretary/Treasurer
MINUTES OF THE MEETING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA - MAY 14, 2003
ROANOKE CITY ECONOMIC DEVELOPMENT CONFERENCE ROOM
PRESENT: Lynn D. Avis, Margaret R. Baker, William L. Bova, Charles E. Hunter, IH,
Deborah Oyler
ABSENT: Denni~ R. Cronk, A. Damon Willinm~
ALSO PRESENT:
Harwell M. Darby, Jr., Attorney for the Authority; Linda Wirt, Assistant to
Attorney Darby; Samuel F. Vance, Glenn, Feldmann, Darby & Goodlatte,
Rob Vaughan, Carilion Health System, Beth Neu, Director, Department of
Economic Development, Paul Lee, McDonough, Bolyard & Peck, Engineers
Chairman Lynn Avis called the meeting to order and declared a quorum present. He then
turned the meeting over to Attorney Darby.
Attorney Darby said the purpose of the meeting was to conduct a Public Hearing on the
proposed issue of $50 million of Industrial Revenue Bonds to finance the new construction
and also equipment purchases at Carilion Roanoke Memorial Hospital and Carillon
Community Hospital. He said the Public Hearing had been advertised, but it would be
appropriate to see if anyone was present for the Public Hearing. Mr. Darby checked and
reported that there was no one present. The Chairman asked for comments from any
member of the public who wished to speak. No comments were received.
Chairman Lynn Avis closed the Public Hearing and turned the meeting over to Attorney
Darby.
TEFRA RESOLUTION FOR CARILION SYSTEM - NEW MONEY BOND ISSUO~
Attorney Darby said the Carilion resolution was for a new money bond issue that would
include the many things Carilion would be doing: a 5 story parking garage; widening of
the existing vehicular bridge; building two new pedestrian bridges; a seven-story mountain
U'
tower and eq ipment. He said in addition there would be other f'mancing at Community
Hospital. Attorney Darby said that Rob Vaughan from Carilion Health Systems was
present to answer any questions. Mr. Vaughan answered several questions from directors.
There being no further questions, upon motion made by William Bova and seconded by
Margaret Baker, the Tefra Resolution was passed by five aff'wmative votes.
.REFUNDING OF AUTHORITY,S 1993-A SERIES BOND~';
Attorney Darby said in addition to the new money issue, Carilion is going to refund certain
existing bonds and that will be approximately $60 million, which will make a total Bond
Issue of $110 million. He said the issue will be closing at the end of July. He noted that
they will be going to City Council on the new money issue on June 2, and The Authority
would have to meet again for the series resolution -- probably the July 9 meeting.
?etaeing no further business the meeting was adjourned.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOK'E
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fox: (540) 853-I 145
£-mail: clcrk~ci,roanoke.va,us
August 25, 2003
File #15-110-242
STEPHANIE M, MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
James T. Phipps, Secretary
Court Community Corrections Program
Regional Criminal Justice Board
516 East Main Street
Salem, Virginia 24153
Dear Mr. Phipps:
This is to advise you that Gall Burruss has qualified as a member of the Court Community
Corrections Program Regional Community Justice Board, fora term ending June 30, 2005.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:ew
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Gail Burrus, do solemnly swear (or affirm) that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform ail the duties incumbent upon me
as a member of the Court Community Corrections Program Regional Community Criminal
Justice Board, for a term ending June 30, 2006, according to the best of my ability (So help
me God).
Subscribed and sworn to before me this ~ day of ~ 2003.
,DEPUTYCLERK
H:~Agenda.03\July 7, 2003 Oaths,wpd
MARY F. PARKER. CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fox: (540) 853-1145
E-mail: clerk~ci.roanoke.va~us
August25,2003
File #15-110-323
STEPHANIE M. MOON
Deputy CiW Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Wlodek A. Zaryczny, Secretary
Roanoke Public Library Board
706 S. Jefferson Street
Roanoke, Virginia 24011
Dear Mr. Zaryczny:
This is to advise you that Wilburn C. Dibling, Jr. has qualified as a member of the Roanoke
Public Library Board, for a term ending June 30, 2006.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:ew
H :'¢,g enda .03'¢,u Gu st 18, 2003 correspondence.wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Wilburn C. Dibling, Jr., do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Roanoke Public Library Board, for a term
commencing July 1,2003 and ending June 30, 2006, according to the best of my ability
(So help me God).
Subscribed and sworn to before me this -~ a of ~ ~,. 2003.
ARTHUR B. CRUSH, Ill, CLERK
B% . :,'2'~¢: (.i_ ,-' .- %~:,(~?;.~¢)~.~,/? ,--:DEPUTY CLERK
N:\CKMHl~Agenda.03\June 16, 2003 Oaths,wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clerk@ci.roanoke.va, us
August25,2003
File #15-110-326
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Wayne G. Strickland, Secretary
Roanoke Valley-AIleghany Regional Commission
313 Luck Avenue, S. W.
Roanoke, Virginia 24010
Dear Mr. Strickland:
This is to advise you that William D. Bestpitch has qualified as a member of the Roanoke
Valley-Alleghany Regional Commission, for a term ending June 30, 2006.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:ew
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, William D. Bestpitch, do solemnly swear (or affirm) that I will suppod the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Roanoke Valley-Alleghany Regional Commission,
for a term ending June 30, 2006, according to the best of my ability (So help me God).
Subscribed and sworn to before me this~: day of ~.~f ~ 2003.
ARTHUR B. CRUSH, III, CLERK
r%
, DEPUTY CLERK
N:\CKMHlgAgenda.03\Jufy 7, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I-1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clerk~ci.roanok¢.va.us
August20,2003
File #15-110-326
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Joseph L. Sheffey, Secretary
Virginia's First Regional Industrial
Facilities Authority
Pulaski County
P. O. Drawer 1127
Dublin, Virginia 24084
Dear Mr. Sheffey:
This is to advise you that William D. Bestpitch has qualified as a City representative to
Virginia's First Regional Industrial Facilities Authority, for a term ending September 24,
2006.
SMM:ew
Sincerely,
Stephanie M. Moon
Deputy City Clerk
H:'C, genda.O3~ugust 18~ 2003 correspondence,wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, William D. Bestpitch, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a City of Roanoke representative to Virginia's First Regional
Industrial Facilities Authority, for a term ending September 24, 2006, according to the best
of my.ab ty (So help me God).
Subscribed and sworn to before me this~)'-'' day of~,.~[,~s~ 2003.
ARTHUR B. CRUSH, III, CLERK
,DEPUTYCLERK
N:\CKMH I \A?e~lda 02~,Seplemher S. 2002 cora'espondence wpd
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
August 25, 2003
File #133-502
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36452-081803 authorizing acceptance of a grant
made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal
Justice Services for a Victim/Witness Assistance Program for fiscal year 2003-04, in the
amount of $102,757.00; and authorizing execution and filing by the City Manager of the
conditions of the grant and other grant documents.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:ew
Attach ment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2003.
No. 36452-081803.
A RESOLUTION authorizing the acceptance cfa grant made to the City of Roanoke by the
Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Assistance
Program and authorizing the execution and filing by the City Manager of the conditions of the grant
and other grant documents.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia
Department of Criminal Justice Services cfa grant in the amount of $102,757 for Fiscal Year 2003-
04 for a Victim/Witness Assistance Program.
2. The local cash match for Fiscal Year 2003-04 shall be in the amount of $25,671.
3. The City Manager is hereby authorized to accept, execute and file on behalf of the City
any documents setting forth the conditions of the grant.
4. The City Manager is further directed to furnish such additional information as may be
required by the Department of Criminal Justice Services in connection with the acceptance of the
foregoing grant or with such project.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 25, 2003
File #60-133-502
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. 36451-081803 amending and reordaining certain
sections of the 2003-04 Grant Fund Appropriations, providing for appropriation and
transfer of funds, in connection with acceptance of a Victim/VVitness Grant for fiscal year
2003-04 from the Department of Criminal Justice Services; and dispensing with the second
reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
Sincerely,
Deputy City Clerk
SMM:ew
Attachment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
H:'C, genda,03~August 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2003.
No. 36451-081803.
AN ORDINANCE to amend and reordain certain sections of the 2003-2004
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 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Judicial Administration $ 1,018,685
Victim Witness Grant FY04 (1-16) ........................................................... 128,428
Revenues
Judicial Administration $ 1,018,685
Victim Witness Grant FY04 (17-18) ......................................................... 128,428
1)
(035-150-5127-1002) $91,594
2) (035-150-5127-1005) 3,960
3) (035-150-5127-1115) 2,920
4) (035-150-5127-1116) 2,340
5) (035-150-5127-1120) 7,426
6) (035-150-5127-1125) 10,882
7) (035-150-5127-1126) 699
8) (035-150-5127-1131) 257
9) (035-150-5127-2020) 240
10 (035-150-5127-2030) 779
11 (035-150-5127-2042) 275
12
13
14
Regular Employee
Salaries
City Retirement
ICMA Retirement
ICMA Match
FICA
Medical Insurance
Dental Insurance
Disability Insurance
Telephone
Administrative Supplies
Dues and Memberships
Training and
Development
Printing
Postage
(035-150-5127-2044)
(035-150-5127-2075)
(035-150-5127-2160)
3,736
2OO
2,640
15) ClS - Personal Computer
Rental/Maintenance
16) Management Services
17) State Grant Receipts
18) Local Match
(035-150-5127-7007)
(035-150-5127-7015)
(035-150-5127-5128)
(035-150-5127-5129)
$ 240
240
102,757
25,671
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.
DONALD S. CALDWELL
COMMONWEALTH'S ATTORNEY
GoHHONWEALTH- OF
CITY OF ROANOK[
OFFICE OF THE COMMONWEALTH'S ATTORNEY
315 CHURCH AVENUE
ROANOKE, VIRGINIA 24016
ARe,', CODE 540 TEL. NO. 853 2626
FAX 853 1201
Roanoke City Council
Regular Agenda Report
August18,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice-Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Acceptance of the Roanoke City Victim Program Grant
Background:
The Victim/Witness Assistance Program has been awarded a twelve month $102,757 grant
(#04-J8554VW03) for July 2003 through June 2004. The grant from the Department of
Criminal Justice Services (DCJS) will allow the Victim/VVitness Assistance Program to
continue to provide comprehensive information and direct services to crime victims and
witnesses in accordance with the Virginia Crime Victim and Witness Rights Act.
The Victim/VVitness Program continues to operate with a full-time coordinator for the Cimuit
Court, as well as one full-time assistant for the Juvenile and Domestic Relations Court and
one full-time assistant for the General District Court. A summary of FY 99-00, 00-01, 01-
02, and 02-03 contacts documents the services of the program (see Attachment A).
The Victim/VVitness Program is coordinated by the Office of the Commonwealth's Attorney.
Considerations:
The cost to the City for Grant #04-J8554VW03 would be $25,671 as a local cash match for
a total grant budget of $128,428. The local cash match is equal to that of FY 2002-2003.
It is included in the General Fund FY 2003-2004 adopted budget in the Transfer to Grant
Fund Account.
Recommendations:
Accept the Victim/Witness Grant #04-J8554VW03 of $102,757 with the City of Roanoke
providing $25,671 as a local cash match from the monies provided in the Transfer to Grant
Fund Account in the FY 03-04 budget for a total grant of $128,428.
Authorize the City Manager to sign and execute all appropriate documents to obtain Grant
#04-J8554VW03.
Appropriate funding of $128,428 per Attachment B and increase the corresponding
revenue estimates in accounts established by the Director of Finance in the Grant Fund.
Transfer $25,671 from the General Fund Transfer to Grand Fund Account number 001-
250-9310-2535 to the Grant Fund account established above.
DSC:jls
pc:
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
Director of Community Development
Victim Witness Coordinator
Respectfully submitted,
Donald S. Caldwell
Commonwealth's Attorney
Service
ATTACHMENT A
Victim Witness Assistance Program
1. Total Victims Contacted
2. Total Witnesses Contacted
3. Case Disposition, Case Status
& Advance Notice of Proceedings
4. Intercession with Schools
or Employers
5. Crisis Intervention
6. Referral to Criminal Injuries
Compensation Fund
7. Restitution Payment Assistance
8. Explanation of Steps in Criminal
Justice System and Criminal Justice
Process Options
9. Courtroom Tours or Explanations
10. Criminal Justice Process Support
11. Notification Services & Explanation
Regarding Prisoner Custody Status
12. Protection Services & Explanations
]3. Appeal/Habeas Corpus Services
14. Educational Brochures Given
15. Amount of Restitution Collected
16. Amount of Compensation Awarded
to Victims from the Criminal Injuries
Compensation Fund
Service Summary
FY FY FY FY
99-00 00-01 01-02 02-03
990 580 991 614
141 164 237 13
3,586 1,903 3,454 3,593
11 9 18 30
118 37 41 49
315 245 315 122
1,233 996 1,538 882
1,465 802 1,336 581
495 202 322 295
659 360 489 415
136 56 94 54
388 268 277 305
14 13 20 13
2,530 1,537 2,592 2,850
$92,754 $76,347 $101,210 $164,874
$23,507 $72,217 $106,432 $78,028
Statistics listed on this page reflect some of the services being counted by the Victim Witness Program as
required by the Department of Criminal Justice Services.
ATTACHMENT B
PROGRAM BUDGET
1002 Regular Employee Salaries
1105 City Retirement
1115 ICMA Retirement
1116 ICMA Match
1120 FICA
1125 Medical Insurance
1126 Dental Insurance
1130 Life Insurance
1131 Disability Insurance
2020 Telephone
2030 Administrative Supplies
2042 Dues and Memberships
2044 Training and Development
2075 Printing
2160 Postage
7007 CIS - Personal Computer
Rental/Maintenance
7015 Management Services
TOTAL
91,594
3960
292O
2,34O
7,426
10,882
699
o
257
240
779
275
3736
2OO
2,640
24O
240
28,428
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August18,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable W. D. "Bill" Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Victim Witness Program Grant
CO03-0004
I concur with the recommendation from Donald S. Caldwell, Commonwealth Attorney, for
the City of Roanoke, with respect to the subject reference above and recommend that City
Council authorize the City Manager to sign and execute all appropriate documents to
obtain Grant #04-J8554VW03.
Sincerely,
City Manager
DLB:sm
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
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
August 25, 2003
File #76-133
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36454-081803 authorizing acceptance of funding
for the Regional Drug Prosecutor's Office from the Compensation Board of the
Commonwealth of Virginia for fiscal year 2003-04, in the amount of $84,994.00; and
authorizing acceptance, execution and filing of appropriate documents to obtain such
funds.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
SMM:ew
Sincerely,
tephanie M. Moon
Deputy City Clerk
Attachment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.O3~August 18, 2003 conrespondence,wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of August, 2003.
No. 36454-081803.
A RESOLUTION authorizing the acceptance of funding for the regional drag
prosecutor's office from the Compensation Board of the Commonwealth of Virginia and
authorizing the acceptance, execution and filing of appropriate documents to obtain such funds.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the funding for the regional drug
prosecutor's office in the total amount of $84,994 from the Compensation Board of the
Commonwealth of Virginia for the period of July 1, 2003, through June 30, 2004.
2. The City Manager is hereby authorized to accept, execute and file on behalf of the
City of Roanoke any and all documents required to obtain such funding.
3. The local share for Fiscal Year 2004 shall be in the amount of $21,861.
4. The City Manager is further directed to furnish such additional information as
may be required in connection with the acceptance of the foregoing funding or with such project.
ATTEST:
City Clerk
H:WIEASURES~r-regionatdrugprosecutor072103.doc
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 25, 2003
File #60-76~133
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. 36453-081803 amending and reordaining certain
sections of the 2003-04 Grant Fund Appropriations, providing for appropriation and
transfer of funds, in connection with acceptance of funding for the Regional Drug
Prosecutor's Office Victim/VVitness Grant for fiscal year 2003-04 from the Compensation
Board of the Commonwealth of Virginia; and dispensing with the second reading by title
of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
SMM:ew
Sincerely,
Deputy City Clerk
Attachment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Darlene b Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
H:'C, genda.03~ugust 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2003.
No. 36453-081803.
AN ORDINANCE to amend and reordain certain sections of the 2003-2004
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 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Judicial Administration $ 1,125,540
Regional Drug Prosecutor FY04 (1-13) ................................................... 106,855
Revenues
Judicial Administration $ 1,125,540
Regional Drug Prosecutor FY04 (14-15) ................................................. 106,855
1) Regular Employee
Salaries
2) City Retirement
3) ICMA Match
4) FICA
5) Medical Insurance
6) Dental Insurance
7) Life Insurance
8) Disability Insurance
9) Telephone
10) Administrative Supplies
11) Dues and Memberships
12) Postage
13) Other Rental
14) State Grant Receipts
15) Local Match
(035-150-5136-1002'
(035-150-5136-1105
(035-150-5136-1115
(035-150-5136-1120
(035-150-5136-1125
(035-150-5136-1126
(035-150-5136-1130
(035-150-5136-1131
(035-150-5136-2020
(035-150-5136-2030
(035-150-5136-2042
(035-150-5136-2160
(035-150-5136-3075'
(035-150-5136-5109'
(035-150-5136-5110
$74,300
4,725
1,300
5,783
5,496
4O4
728
2O8
2,000
2,011
4OO
5OO
9,000
84,994
21,861
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.
DONALD S. CALDWELL
CC)MMONWEALTH'S ATTORNEY
GoHHONWEALT + OF
CITY OF ROANOK[
OFFICE OF THE COMMONWEALTH'S ATTORNEY
315 CI lURCH AVENUE
ROANOKE, VIRGINIA 24016
AREA CODE 540 TEL. NO. 853 2626
FAX 853 1201
August 18, 2003
Honorable, Mayor Ralph Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable Dr. M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Acceptance of Funding for Drug Prosecutor
Federal funding was made available to the State of Virginia to be used for the development of
several Multi-Jurisdictional Special Drug Prosecutors statewide. The positions were developed to
coordinate prosecutorial efforts among independent jurisdictions, reduce fractional and duplicate
prosecutions, enhance the recovery of criminal assets, utilize federal, state and local resources to
assure maximum prosecutorial effectiveness and to provide specialized prosecutorial resources to
the regional drug enforcement effort. The Commonwealth's Attorneys of Craig County, Franklin
County, Roanoke County, and the Cities of Roanoke and Salem applied on October 9, 1987, to the
Commonwealth's Attorneys' Services Council, the State agency responsible for the administration
of the grant money to fund a Multi-Jurisdictional Special Drug Prosecutor. City Council accepted
the Multi-Jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full-time Special Drug
Prosecutor was hired in July, 1988. Annual re-application for funding is required.
On April 15, 1994, funding for the Drug Prosecutor's Office was transferred from the
Commonwealth's Attorneys' Services Council to the Compensation Board. The Compensation
Board approved funding for the Drug Prosecutor in the amount of $84,994 on April 28, 2003, and
funding will continue through June 30, 2004. The local match is $21,861, for a total of $106,855.
Funding for the local share is available in the Transfer to Grant Funds accounts (001-250-9310-
9535).
Honorable Mayor and Members of Council
August 18, 2003
Page 2
Recommended Action(s):
Accept funding from the Compensation Board in the amount of $84,994 with the City providing
local match funding in the amount of $21,861. Authorize the City Manager to execute the requisite
documents to obtain the funding from the Compensation Board.
Appropriate $84,994 in state grant funds (see attachment 1) and establish a corresponding
revenue estimate in accounts established by the Director of Finance in the Grant Fund.
Transfer $21,861 from the General Fund Transfer to Grant Fund account (001-250-9310-9535) to
the Grant Fund account created above and appropriate according to attachment 1.
Respectfully submitted,
Donald S. Caldwell
Roanoke City Commonwealth's Attorney
DSC:msh
Attachment
C;
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
1002
1105
1115
1120
1125
1126
1130
1131
2020
2030
2042
2160
3075
Attachment 1
Progra/nAccounts
Regular Employee Salaries
ICMA - Retirement
ICMA - Match
FICA
Medical Insurance
Dental Insurance
Life Insurance
Disability Insurance
Telephone
Administrative Supplies
Dues & Membership
Postage
Other Rental
TOTAL
$74,300
$ 4,725
$ 1,3oo
$ 5,783
$ 5,496
$ 404
$ 728
$ 208
$ 2,ooo
$ 2,011
$ 400
$ 500
$ 9,ooo
$106,855
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: w~vw.roanokegov.com
August18,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable W. D. "Bill" Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Acceptance of Funding for Drug
Prosecutor CO03-0002
I concur with the recommendation from Donald S. Caldwell, Commonwealth Attorney,
for the City of Roanoke, with respect to the subject reference above and recommend
that City Council authorize the City Manager to execute the requisite documents to
obtain the funding from the Compensation Board.
Sincerely,
City Manager
DLB:sm
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
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
August 25, 2003
File #5-60-76
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36455-081803 amending and reordaining certain
sections of the 2003-04 Grant Fund Appropriations, providing for appropriation of Forfeited
Criminal Assets funds to continue criminal law enforcement efforts; and dispensing with
the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:ew
Attachment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
H:~Agend&03~August 18, 2003 correspOndence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2003.
No. 36455-081803.
AN ORDINANCE to amend and reordain certain sections of the 2003-2004
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 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read as follows, in part:
Appropriations
Public Safety $ 2,909,292
State Asset Forfeiture (1-5) ........................................................................ 331,851
Revenues
Public Safety $ 2,909,292
State Asset Forfeiture (6-7) ........................................................................ 331,851
1) Telephone-Cellular
2) Administrative Supplies
3) Expendable Equipment
<$5,000
4) Training and Development
5) DOT-PC Rental/Maintenance
6) State Asset Forfeiture Proceeds
7) Interest
(035-640-3302-2021) $ 5,000
(035-640-3302-2030) 5,109
(035-640-3302-2035) 5,000
(035-640-3302-2044) 2,000
(035-640-3302-7007) 6,500
(035-640-3302-3300) 20,545
(035-640-3302-3299) 3,064
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.
DONALD S. CALDWELL
COMMONWEALTHIS ATTORNEY
GoMHONWEALTI+ OF VIRGINi&
CITY OF ROANOKF
OFFICE OF THE COMMONWEALTH'S ATTORNEY
315 CHURCtIAVENUE
ROANOKE, VIRGINIA 24016
AREA CODE 540 TEL. NO, 853-2626
FAX 853-1201
August 18, 2003
Honorable, Mayor Ralph Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable Dr. M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Cash Assets Forfeited to the Roanoke Commonwealth
Attorney's Office
In an effort to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986, the Federal
government adopted a system of asset forfeiture whereby forfeited assets, under certain conditions, could be
returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime.
In July, 1991, Virginia asset forfeiture statute, which generally is patterned after the Federal statute, took
effect, providing that forfeited criminal assets may be returned to local police and prosecutors for use in the
fight against crime.
Periodically, assets seized as evidence are ordered forfeited by the local courts to the police or the Office of
the Commonwealth's Attorney to be used for criminal law enforcement efforts.
In August, 1991, a grant fund account for cash assets forfeited to the Office of the Commonwealth's Attorney
was established with an appropriation of $25,000.
Considerations:
Since August, 1991, the Office of the Commonwealth's Attorney has expended the $25,000 originally
appropriated, and periodically receives additional funds from the state's asset sharing program. Grant
requirements include that these funds be placed in an interest bearing account and the interest earned be
used in accordance with program guidelines.
Revenues collected through June 30, 2003, for this grant are $169,143. The interest on this account
collected through June 30, 2003, is $16,098. Funding received in excess of the revenues estimate totals
$23,609, and needs to be appropriated.
Honorable Mayor and Members of Council
August 18, 2003
Page 2
Funds must be appropriated before they can be expended for law enforcement.
Recommended Action(s):
Authorize the Director of Finance to increase the revenue estimates for Forfeited Criminal Assets (035-150-
5140-7107) and Forfeited Criminal Assets Interest (035-150-5140-7275) in the amounts of $20,545 and
$3,064 respectively, and appropriate funding to the Forfeited Criminal Assets accounts (035-150-5140) in the
Grant Fund as listed in Attachment 1.
Respectfully submitted,
Donald S. Caldwell
Roanoke City Commonwealth Attorney
DSC:mh
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Darlene Burnham, City Manager
Attachment i
2030
2035
2044
7007
2021
Administrative Supplies
Expendable Equipment<S5000
Training & Development
CIS-Personal Computer Rent/
Maintenance
Telephone-Cellular
$5,109.00
$5,00o.0o
$2 ooo.oo
$6 5oo.oo
$5 000.00
TOTAL $23,609.00
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
August 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable W. D. "Bill" Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Cash Assets Forfeited to the
Roanoke Commonwealth
Attorney's Office CO03-0003
I concur with the recommendation from Donald S. Caldwell, Commonwealth Attorney,
for the City of Roanoke, with respect to the subject reference above and recommend
that City Council authorize the Director of Finance to increase the revenue estimates for
Forfeited Criminal Assets and Forfeited Criminal Assets Interest and appropriate
funding in the Grant Fund.
~.,ity Manager
DLB:sm
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
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
August 25, 2003
File #72
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36457-081803 authorizing acceptance of a grant
award under the Temporary Assistance for Needy Families (TANF) Hard-to-Serve Project
from the Virginia Department of Social Services for the purpose of providing job search,
job coaching and job retention services for hard-to-serve TANF recipients, in the amount
of $207,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
Sincerely,
Deputy City Clerk
SMM:ew
Attach ment
H:'vAgenda.03~Augu$l 18, 2003 correspondence.wpd
Darlene L. Burcham
August25,2003
Page 2
pc:
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Vickie L. Price, Acting Director, Human Services/Social Services
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03V~ugust 18, 2003 correspondence,wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of August, 2003.
1%. 36/457-081803.
A RESOLUTION authorizing acceptance of a grant award under the Temporary
Assistance for Needy Families (TANF) Hard-to-Serve Project from the Virginia Department
of Social Services, for the purpose of providing job search, job coaching and job retention
services for eligible TANF recipients who must obtain employment, and authorizing
execution of any and all necessary documents to comply with the terms and conditions of the
grant.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The grant award under the Temporary Assistance for Needy Families (TANF)
Hard-to-Service Project from the Virginia Department of Social Services, for the purpose of
providing job search, job coaching and job retention services for hard-to-serve TANF
recipients, in the amount of $207,000.00, as set forth in the City Manager's letter to Council
dated August 18, 2003, is hereby ACCEPTED.
2. The City Manager is hereby authorized to execute any and all requisite
documents 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:
H:/RESOLUTIONS/R-TANF081803.DOC
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
August 25, 2003
File #60-72
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36456-081803 amending and reordaining certain
sections of the 2003-04 Grant Fund Appropriations, providing for appropriation of
$207,000.00, in connection with acceptance of a grant award under the Temporary
Assistance for Needy Families (TANF) Hard-to-Serve Project from the Virginia Department
of Social Services; and dispensing with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
Sincerely,
City Clerk
SMM:ew
Attachment
HSAgenda. O3V~ugust 18, 2003 correspondence.wpd
Jesse A. Hall
August25,2003
Page 2
pc;
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Vickie L. Price, Acting Director, Human Services/Social Services
Barry L. Key, Director, Office of Management and Budget
H:~,Agenda,O3~August 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The i8th day of August, 2003.
No. 36456-081803.
AN ORDINANCE to amend and reordain certain sections of the 2003-2004
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 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Health and Welfare $ 5,727,799
Temporary Assistance for Needy Families (TANF) Hard-to-Serve (1) ..... 207,000
Revenues
Health and Welfare $ 5,727,799
Temporary Assistance for Needy Families (TANF) Hard-to-Serve (2) ..... 207,000
1) Fees for Professional
Services (035-630-8853-2010) $207,000
2) State Grant Receipts (035-630-8853-8853) 207,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
21§ Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: w~vw.ro~nokegov.com
August 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, 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)
Hard-to-Serve Project
Background:
The Virginia Department of Social Services issued a Request for Proposals to
use federal funds to provide job search, coaching, and job retention services for
hard-to-serve TANF recipients. The City of Roanoke Department of Social
Services responded to this RFP with a proposal outlining its intent to work
collaboratively with TAP- This Valley Works to provide the work-related services
listed above. Under this proposal, eligible TANF recipients who must obtain
employment, but who have not been in compliance with certain regulatory
requirements, are provided customized job search assistance. Case managers
work with these individuals to develop and initiate an individualized plan of action
to meet compliance requirements and to assist in securing and maintaining
employment.
The City of Roanoke was awarded $207,000 in grant funding under the TANF
Hard-to-Serve Project for fiscal year 2004.
Honorable Mayor and Members of City Council
August 18, 2003
Page 2
Considerations:
· Program Operations - Existing activities will continue and planned
programs will be implemented.
· Funding - Funds are available from Grantor agency, at no additional cost
to the City of Roanoke.
Recommended Action:
Accept the Temporary Assistance to Needy Families Hard to Serve Project grant
of $207,000, and authorize the City Manager to sign and execute all appropriate
documents to obtain the grant.
Appropriate funding of $207,000 and establish a corresponding revenue estimate
in accounts to be established by the Director of Finance in the Grant Fund.
Darlene L. Burcham
City Manager
DLB:rji
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 Price, Acting Director of Human Services
Rolanda B. Russell, Assistant City Manager for Community Development
#CM03-00163
JESSE A. HALL
Director of Finance
email: jesse_hall~ci roanoke 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~ciroanok¢.va.us
August18,2003
The Honorable Ralph K. Smith, Mayor
The Honorable C. Nelson Harris, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Beverly T. Fitzpatrick, Jr., Council Member
The Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Fiscal year 2003 has come to a close, ending on a fairly positive note from a financial standpoint,
despite a national and local economy that has been strained bythe war with Iraq and which again
continued to fall short of desired results. Fiscal year 2003 was also affected by several mid-year
adjustments in funding from the Commonwealth.
Local taxes, such as our sales tax, transient room tax, and prepared food and beverage tax, are
sensitive to economic trends, yet all of these taxes performed fairly well in light of budgeted
expectations for F¥03. The current year real estate tax provided growth of approximately 5%, and
growth in excess of this amount is expected for FY04. While the personal property tax again
declined, it performed at a level slightly above expectation. A discussion of the performance of all
of the City's significant local taxes will follow in this financial report.
The economic challenges experienced by the City were worsened as a result of the State's
economic challenges. Heavily dependent on the performance of the income tax, the State's fiscal
condition was again strained in fiscal year 2003 by the lackluster performance of the stock market
and by failing businesses. The City experienced declines in certain state revenues, including the
Jail Block Grant, HB599 Law Enforcement funding, and funding of our Constitutional Offices,
directly as a result of difficult budgetary conditions at the state level. On the positive side, funding
for street maintenance was increased toward the latter part of F¥03.
Honorable Mayor and Members
of City Council
August 18, 2003
Page 2
One fiscal indicator which proved to be advantageous for the City of Roanoke was the historically
Iow interest rates which occurred toward the end ofthe fiscal year. As a result of these Iow rates,
the City took advantage of the opportunity to refund its 1994 general obligation bond issue,
elected to redeem a capital lease with the Roanoke Redevelopment and Housing Authority, and
refinanced its Section 108 Loan with the Department of Housing and Urban Development. The
Section 108 Loan provided financing to support the refurbishment of the Hotel Roanoke, while the
series 1994 bonds were issued to support the construction of the Hotel Roanoke Conference
Center, the Jail expansion, and construction of the Water Pollution Control Plant. The lease
financed the Century Station Parking Garage, and the Housing Authority, in turn, redeemed the
revenue bonds which supported construction of this facility. Over the remaining life of these debt
issues, savings of approximately $3.75 million will result.
The City of Roanoke has worked hard in the past year to implement a number of new or improved
programs aimed at increasing quality service to our citizens and improving neighborhoods. Work
has begun on the formation of a regional water authority to better provide for the needs of water
services for citizens of the Roanoke Valley well into the future. Plans call for the Authority to
become effective in fiscal year 2005. Other regional projects continue to develop including
construction of the Roanoke Valley SPCA and the branding initiative. The City continues to make
technology a top priority, and receipt of the second Digital Cities award reflects the leadership the
City has achieved among its government peers nationwide. Neighborhood improvement projects
abound, with the Southeast by Design project representing a concentrated effort at leveraging
HUD funds to achieve maximum results in neighborhood redevelopment.
Planning is also underway for capital projects including the renovation of the City's two high
schools, Civic Center Phase II renovation, and improvements to both Police and Fire facilities.
Future bond issuance is planned to support such projects, and we are optimistic that interest rates
will continue to remain Iow to finance these projects. Several economic development projects
have achieved notable results in this fiscal year, including the Roanoke Times project as well as
the expansion of Maple Leaf Bakery and Elizabeth Arden. The City is committed to providing
broad based opportunities for its citizens while also working to bring new businesses and growth
to our community.
A recent history of General Fund revenue estimates compared to actual revenues follows. The
amounts shown for FY03 are unaudited and may change during the course of our external audit.
They are being reported to you for informational and planning purposes.
A discussion of the City's General Fund and School Fund operations for fiscal year 2003 follows.
Honorable Mayor and Members
of City Council
August 18, 2003
Page 3
GENERAL FUND
Our revenue estimate from all sources was $194,201,628, while actual collections totaled
$194,388,023. Total General Fund revenues collected increased .85% from the prior year and
exceeded the estimate by .10%.
The revenue sources with the largest variance from budget estimates are outlined in the following
schedule:
Source Bud.qet Actual
Amount
Over
(Under) % Over
Revised (Under)
Estimate. Estimate
Real Estate Taxes
Personal Property Tax
Sales Tax
Utility Taxes
Cigarette Tax
Recordation and Probate
Taxes
Business and Professional
License/Consumption Tax
Public Service Tax
Penalties and Interest
Law Enforcement HB599
Funding
Social Services Funding from
the Commonwealth
Jail Block Grant
Transient Room Tax
Bank Stock Tax
All Other Revenue
Total General Fund
Revenues
$51,015,000
22,516,000
17,700,000
12,625,100
2,130,000
$51,777,137
22,912,279
17,466,450
13,248,053
1,920,939
$762,137 1.5%
396,279 1.8%
(233,550) -1.3%
622,953 4.9%
(209,061) -9.8%
556,000 734,345 178,345 32.1%
11,063,000
3,876,000
933,707
4,124,485
20,563,908
1,778,615
2,000,000
1,017,000
42,302,813
11,086,185 23,185 0.2%
3,764,653 (111,347) -2.9%
1,161,436 227,729 24.4%
3,994,320
19,938,530
1,314,805
2,101,878
807,266
42,159,747
(130,165) -3.2%
(625,378) -3.0%
(463,810) -26.1%
101,878 5.1%
(209,734) -20.6%
(143,066) -0.3%
$186.395 0.1%
Honorable Mayor and Members
of City Council
August 18, 2003
Page 4
Listed below is a five-year history of our General Fund revenue estimates compared to a~ual
revenues.
Fiscal Revenue Actual Percent of
Year Estimate Collections Estimate Collected
2003 $194,201,628 $194,388,023 100.10%
2002 191,951,104 192,756,723 100.42%
2001 183,974,493 186,641,942 101.45%
2000 177,178,184 181,337,826 102.35%
1999 170,012,900 172,462,548 101.44%
GENERAL FUND STATEMENT OF REVENUES
A summary of unaudited revenues by category and the variances between actual collections and
the budgetary estimates may be found on page 20. The following narrative discusses significant
revenue trends for the year.
General Property Taxes
This category includes taxes on real estate, personal property and public service corporations, as
well as penalties and interest. Estimated revenues for this category were $70,521,394 while
actual collections were $71,674,502, achieving 101.64% of the budget. Real estate taxes
increased by $2,434,953 since FY02, providing growth of 4.93%. Reassessments and a strong
housing market caused this growth. Penalties and interest increased $74,687 from FY02, well in
excess of the budgeted level. Total personal property taxes, including the state share, exceeded
the budget estimate by 1.8%, but decreased 1.77% over the same period of the prior year, due
primarily to a decrease in the annual assessment of personal property machinery and tools. The
portion of personal property tax funded by the Commonwealth of Virginia is recorded in the
Grants-in-Aid Commonwealth category. Public service corporation taxes, which were based on
assessments provided by the State Corporation Commission, declined $166,172 or 4.23% from
the prior year due to a decrease in real estate and personal property assessments of public
service corporation tax, as well as an increase in the number of refunds in FY03.
Other Local Taxes
This category includes sales tax, utility taxes, cigarette tax, business, professional, and
occupational license tax, transient room tax, franchise taxes, prepared food and beverage tax, and
other miscellaneous local taxes. This category of taxes serves as one ofthe best indicators of the
strength of the local economy. The total estimate for this category was $59,301,164, while actual
Honorable Mayor and Members
of City Council
August 18, 2003
Page 5
collections were $59,522,933. Collections exceeded the budget estimate by .37%, but declined
overall by .20% since FY02.
Sales tax revenue has shown little growth during FY03, and ended the year $22,987 (.13%) short
of FY02 amounts. Utility taxes grew 1.15% from FY02, driven by increases in gas and electric
utility taxes attributable to severe winter weather, and by an increase in water utility taxes resulting
from relaxing drought induced water usage restrictions. These increases were partially offset by
decreases in both telephone utility and cellular phone taxes. While cell phone tax exceeded its
revenue estimate by $497,074, it decreased from FY02 primarily due to a large settle up payment
collected in FY02 for under reporting by a cellular phone company. Transient room tax and
admissions tax increased by 2.74% and 26.01% respectively, both exceeding their revenue
estimates. Admissions tax increases were the result of a 1.5% rate increase effective July 1,
2002. These increases were partially offset by decreases in business and professional
occupational license (BPOL) tax, cigarette tax and bank stock tax. BPOL tax declined from FY02,
mainly in the delinquent category, due in part to a number of large refunds. Bank stock taxes,
which are based on net capital of banks, were down 20.60% from the prior year due primarily to
the merger of First Union and Wachovia banks.
Permits~ Fees and Licenses
This revenue category includes dog licenses, building related fees, various inspection fees and
street opening permits. Revenues for this category totaled $909,669 decreasing $166,934 from
FY02, and missing the projected budget of $1,030,694 by 11.74%. The decrease is due to a
shortfall in building, electrical and heating inspection fees due to permit valuations for commercial
projects being lower than in FY02, and due to a decline in the number of building permits issued
for commercial and residential projects. Elevator inspection fees also declined as this function
was privatized in FY03. There was also an expenditure decline related to this privatization effort.
Fines and Forfeitures
This category consists of parking tickets and fines collected by various courts. Revenue in this
category was $1,244,283, an increase of $141,170 from the prior year. Parking ticket revenue
increased by 15.03% from the prior year due to a full year of the civilianized ticketing operations
as well as an increase in the late payment penalty effective July 1,2002. General District Court
fines were up 2.30% due to an increase in caseload, much of which was related to the increased
number of parking tickets. New fees adopted in FY03 related to delinquent collections also
contributed to the increase in this category.
Revenue from Use of Money and Property
This revenue category consists of interest earnings and various property rentals. Revenue in this
Honorable Mayor and Members
of City Council
August 18, 2003
Page 6
category is $1,114,804, up 1.34% from the prior year. Billings to the State for use of the
Commonwealth Building increased approximately 3.30% from the prior year. The category
achieved 102.96% of its budget estimate of $1,082,729.
Grants-In-Aid Commonwealth
This category is comprised of non-categorical aid (state share of personal property tax,
recordation tax, ABC, wine, rolling stock and rental car tax), shared expenses for Constitutional
Offices, Social Services funding (foster care, day care, welfare payments, employment services,
and the Comprehensive Services Act Programs), and other categorical aid (street maintenance,
City Jail Block Grant, Law Enforcement and Library Grant). Revenues in this category totaled
$52,754,731, decreasing by $509,931 or 1.07% from FY02. The decline is due primarily to
mandatory state budget cuts necessitated by the decline in the economy. Revenues for shared
expenses decreased by $231,024 from FY02, while Jail Block Grant revenues decreased by
34.53% and Virginia Juvenile Community Crime Control Act revenues decreased by 48.53%.
Revenues received under HB599 for law enforcement and for E911 wireless services also
declined. These declines were partially offset by increases in reimbursements received underthe
Comprehensive Services Act and revenues for street maintenance. Revenue from the state for
the Revenue Maximization program are new this year, as is the corresponding cost center in the
Health and Welfare expenditure category.
Grants.in-Aid Federal Government
This category consists of funding from the Federal Emergency Management Association (FEMA)
for civil defense. Revenue in this category was $34,358, the same as in FY02.
Charges for Services
This category includes court fees, refuse collection, weed cutting, emergency medical service,
police fees, fire safety fees, and central service charges. Collections totaled $4,568,919
exceeding its budget estimate by $215,158 and reflecting an increase of 19.45% from FY02.
Several new fees were authorized by the 2002 General Assembly effective July 1,2002, including
a courthouse security fee, inmate processing fee and DNA sampling fee. These new fees have
generated approximately $100,000 in revenue. Circuit Court Clerk fees increased by $78,500 due
to an increase in the number of deeds and certificates of satisfaction recorded. Favorable interest
rates encouraged mortgage refinancing and increased the number of recordings. EMS fees
increased by $398,437 as a result of a full year of revenues under the new rate structure effective
April 1,2002. A new fee structure for bulk garbage collection also generated additional revenues.
Miscellaneous Revenue
Revenues included in this category are payments in lieu of taxes from Roanoke Redevelopment
and Housing Authority and other exempted organizations, sales of surplus property, and other
Honorable Mayor and Members
of City Council
August 18, 2003
Page 7
miscellaneous revenues. Revenue in this category was $475,210, a decrease of 2.54% from
FY02. A transfer of $209,835 to the General Fund from the Transportation Fund to partially
support the subsidy provided to the Greater Roanoke Transit Company (GRTC) in FY02 was not
duplicated in FY03. Surplus property sale revenues decreased by $61,141 due to fewer sales and
some revenues being retained by the Fleet Management Fund for the purchase of new vehicles.
These decreases were partially offset by reimbursements received from insurance companies for
damage to City property resulting from the February 2003 flood and a $20,500 rebate from the
City's purchasing card issuer.
Internal Services
This category represents payments from Proprietary and Agency Funds for services provided by
the General Fund departments. Services provided include fire safety for the Roanoke Regional
Airport, billings and collections services for the Water and Sewage Treatment Funds, engineering
services and various other public works services. The category totaled $2,088,614, achieving
90.72% of its budget estimate, and declining by $160,489 from FY02. Fire safety billings
decreased due to a decrease in the number of firefighters assigned to the airport fire station, and
revenues from the Risk Management Fund to operate the Occupational Health Clinic also
decreased.
Expenditures
Total expenditures and encumbrances for FY 2003 were $199,928,051, which were $3,073,935 or
1.51% less than City Council had authorized. The authorized expenditure budget includes
appropriations of CMERP funds during the year. General Fund expenditures and encumbrances
have increased 1.18% compared to the prior fiscal year.
Judicial Administration expenditures increased $156,596 or 2.68%. Juvenile and Domestic
Relations Court Services costs were up due to an increase in the number of children detained by
the court and housed at the Roanoke Valley Detention Center. Cimuit Court expenditures were
up due to a decrease in the reimbursement requested from the state.
Health and Welfare expenditures increased $702,377 or 2.62%. Comprehensive Services Act
(CSA) expenditures and foster care costs were up due to an increase in the number of children
served in foster care. Department of Technology costs related to the implementation of a new
CSA case management system and expenses associated with the new Revenue Maximization
Program also contributed to this increase.
Parks, Recreation and Cultural expenditures decreased by $243,805 or 4.97%. The elimination
of a Project Assistant position, shortened hours at the pool facilities and cuts to several labor-
Honorable Mayor and Members
of City Council
August 18, 2003
Page 8
intensive programs resulted in a decrease of personnel costs for the Recreation department.
Library publication and subscriptions and expendable equipment costs decreased from FY02 as
did reimbursements received at the libraries. Department of Technology expenditures for the
Library also decreased.
Community Development expenditures increased $411,341 or 8.17%. Housing and
Neighborhood Services personnel costs and related internal service charges for technology
increased due to a FY02 reorganization reallocating positions to handle changes in the code
enforcement area.
Transfer to Debt Service Fund increased by $4,580,143 or 37.34% as the first principal and
interest payments were required for the Series 2002A General Obligation Bonds in FY03, and a
larger principal payment was required on the Series 1997 Bonds.
Transfer to School Fund increased by $98,922 or .21% based on the same school funding
formula used in previous years.
Nondepartmental expenditures decreased $2,189,204 or 16.03%. Transfers of CMERP funding
to the Department of Technology Fund decreased substantially from FY02. This decrease was
partially offset by an increase in transfers to the Fleet Management Fund and the Greater
Roanoke Transit Company in FY03.
SCHOOL FUND
A recent history of School Fund revenue estimates compared to actual revenues follows. The
amounts shown for FY03 are unaudited and may change during the course of our external audit.
They are being reported to you for informational and planning purposes. School Board operations
are accounted for as a separate fund. The revenues included in this discussion do not include the
multi-year grant funds, but only those that comprise the annual adopted budget. School Fund
revenues totaled $102,034,969, slightly below the estimate of $102,115,021. Revenues grew by
$3,141,476 or 3.18% from the prior year.
Honorable Mayor and Members
of City Council
August 18, 2003
Page 9
Fiscal
Year
Revenue
Estimate
Actual
Collections
Percent of
Estimate Collected
2003 $102,115,021 $102,034,969 99.92%
2002 100,038,855 98,893,493 98.86%
2001 100,904,322 98,745,349 97.86%
2000* 97,975,376 97,824,394 99.85%
1999' 92,726,135 92,915,221 100.20%
*Amounts in fiscal years 1999 and 2000 include School Food Service which is now accounted for
as a separate fund.
School Fund Statement of Revenues
Shown on page 21 is a summary of the major categories of revenues and the specific variances
between actual (unaudited) and estimated. Following are some brief comments on the variances
in major revenue categories.
State Sales Tax
State sales tax totaled $8,636,235, which was under its estimate of $9,226,504 by $590,269 or
6.40%. This revenue declined by 4.13% from last year, reflective of the declining trends
experienced in state-wide retail sales.
Grants-In-Aid Commonwealth
This category includes Basic State Aid, Special Education, Lottery Distribution, Summer Schools,
Vocational Education, At-Risk Children, Fringe Benefit Reimbursement, Disparity Incentive and
several smaller revenue soumes. Revenues in this category totaled $43,336,782, slightly
exceeding the estimate of $43,236,695, and increasing by 5.53% from the prior year. Disparity
incentive payments decreased by 16.56% from FY02 and fell below its budget estimate by
$195,753. Basic State Aid, as determined by the State's funding formula, increased by 10.18%
from FY02 but fell below its budget estimate by $70,436. Lottery Distribution, based on statewide
collections and distributed by population, and Foster Home Children revenues exceeded their
budget estimate amounts by $339,553 and 31,889 respectively. The other major revenues in this
category were generally close to the estimates.
Grants-In-Aid Federal Government
Total revenue collected in this category was $117,949, an increase of 9.66% from FY02.
Reimbursement received for indirect costs, which are paid to the school for providing
administrative and operational services for various federal programs, are included in this category
and increased by 64.83% from FY02. This increase was offset by a 24.35% decline in funds to
Honorable Mayor and Members
of City Council
August 18, 2003
Page 10
supplement the Air Force Junior ROTC program.
Charqes for Services
Major sources of revenue in this category are tuition, reimbursement for transportation for special
trips and rental of facilities. Revenues for the category totaled $2,535,447, increasing from FY02
by 21.14% and exceeding the budget estimate by $407,479. Tuition for Special Education
revenue increased by 24.02% and exceeded its budget estimate by $420,820, while
reimbursements for special transportation trips increased by 45.27% and exceeded its budget
estimate by $166,770. These increases were partially offset by decreases in facility rental and
interest revenues which declined by 19.59% and 16.36%, respectively, from the prior year. Other
revenue categories remained at approximately the same level as the prior year.
Transfers from General Fund
Local funding from the General Fund totaled $47,408,556 and included the School share of local
taxes. Funding from the General Fund increased $790,733 since FY02 and met its budget
estimate.
Expenditures
Expenditures and encumbrances in the School Fund (excluding special purpose grants) totaled
$103,590,951, leaving an unobligated balance of $2,079,436. It is important to note that the
authorized expenditure budget includes appropriations from CMERP during the fiscal year.
School expenditures, not including special purpose grant expenditures, were closely monitored
during the year given the current economic conditions and the decline in reimbursements from the
State. Expenditures increased from the prior year by $4,871,688 or 4.93%, primarily due to
annual increases in salaries and benefits, as well as increases in utility and maintenance supply
costs.
CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT PROGRAM (CMERP)
General Fund CMERP
Council adopted Ordinance number 26292 on December 6, 1982, establishing a reserve of
General Fund balance for CMERP, specifically for maintenance and replacement of capital
equipment. Computed per the requirements of Ordinance 26292, CMERP for fiscal year 2003 for
Schools is $529,557 and for the City is $2,480,774 for a total of $3,010,331 or 1.48% of General
Fund appropriations. The following allocation has been calculated based on the Revenue
Allocation Model used for the adopted budget (se~ pages 13 and 14 for details).
Honorable Mayor and Members
of City Council
August 18, 2003
Page 11
General Fund Designated FY 2003 CMERP
City Allocation
School Allocation
Total General Fund CMERP
$ 2,480,774
529,557
$ 3.010,331
School Fund CMERP
The School Board will receive a portion of the General Fund CMERP, as shown above, per the
requirements established in Ordinance No. 26292, and also retain the CMERP generated in the
School Fund. This is consistent with the method of allocating CMERP between the City and
School Funds in prior years. General Fund CMERP allocated to the Schools is $529,557. The
amount of CMERP designated in the School Fund totals $2,000,149 or 1.89% of School Fund
Appropriations. Therefore, the total CMERP available to the Schools in both the General Fund
and School Fund is $2,529,706.
School Fund Designated FY 2003 CMERP
School Share of General Fund CMERP
School Fund CMERP
Total School CMERP
$ 529,577
2,000,149
$ 2.529.7O6
We would like to reiterate that the General and School Fund amounts discussed within this report
are unaudited and subject to change during the course of our external audit. A comprehensive
financial report of all funds of the City will be included with the Comprehensive Annual Financial
Report. We would also like to thank City Council, the administration, and especially the dedicated
staff of the Department of Finance for their support throughout fiscal year 2003. We would be
pleased to answer questions that Council may have.
Sincerely,
Jesse A. Hall
Director of Finance
JAH:ca
Attachments
Honorable Mayor and Members
of City Council
August 18, 2003
Page 12
C~
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
George C. Snead, Jr., Assistant City Manager
Rolanda A. Russell, Assistant City Manager
E. Wayne Harris, Superintendent, Roanoke City Schools
Richard L. Kelley, Assistant Superintendent for Operations
Barry L. Key, Director of Management and Budget
City of Roanoke, Virginia
Allocation of CMERP to the General Fund
June 30, 2003
Unaudited
General Fund CMERP Allocation
General Fund Revenues In Excess of Budgeted Amounts
General Fund Unobligated Appropriations
Less: Reserve for Uninsured Claims
Total General Fund CMERP Allocation
School Fund CMERP Allocation, see page 13
Total General Fund CMERP
$ 186,395
3,073,936
(250,000)
3,010,331
(529,557)
.$ 2,480,774
City of Roanoke, Virginia
Calculation of General Fund CMERP to Allocate to the School Board
June 30, 2003
Unaudited
Local Taxes
General Property Taxes
Other Local Taxes
Total Local Taxes
Less: Local Taxes Dedicated for Specific Purposes
Current Downtown District Real Estate Tax
Delinquent Downtown District Real Estate Tax
Current Williamson Road District Real Estate Tax
Delinquent Williamson Road District Real Estate Tax
Downtown District Public Service Tax
Delinquent Downtown District Public Service Tax
Utility Consumer Tax Dedicated to Roanoke River Flood Reduction
Telephone Surcharge (E911) Taxes
Cable TV Franchise Tax Dedicated to Local Government Access Channel
Cigarette Tax to Support Debt Service of Bonds Issued for
Jail and Juvenile Detention Home
Motor Vehicle License Tax to Support Debt Service of Bonds Issued for
Jail and Juvenile Detention Home
Cigarette Tax for COPE Team and Convention and Visitor's Bureau
Transient Room Tax to Support Convention and Visitors Bureau
Telecommunications Right of Way Use Fee Dedicated to Paving
One Cent Real Estate Tax Dedicated to Economic Development
One Cent Transient Occupancy Tax Dedicated to Tourism
Ten Cents Cigarette Tax Dedicated to Curb, Gutter and Sidewalk
Debt Service on Bonds Issued for Innotech Project
Admissions Tax Dedicated to Civic Center Project
Net Local Taxes
School Percentage Share of Local Taxes
School Share of Local Taxes
Other Adjustments:
$ 79,615,505
59,522,933
139,138,438
(222,695)
(7,580)
(64,408)
(1,843)
(24,200)
(226)
(808,000)
(1,180,840)
(196,801)
(305,000)
(325,000)
(501,429)
(200,000)
(377,390)
(413,867)
(300,268)
(711,459)
(935,174)
(116,376)
132,445,882
36.42%*
48,236,790
Deduct School Portion of CSA Program
Deduct Interest Earnings
Add Funding for Pre-School Initiative
Net School Transfer
Less: FY03 Local Funding Provided to School Board
Allocation of CMERP to School Board
* Percentage share based on Revenue Allocation Model developed by the
Department of Management and Budget.
(995,243)
(200,000)
204~755
47,246,302
(46~716~745)
$ 529,557
]4
City of Roanoke, Virginia
Summary of School Board CMERP
June 30, 2003
Unaudited
School Fund CMERP Allocation
School Fund Revenues Less Than Budgeted Amounts
School Fund Unobligated Appropriations
Add: Decrease in Workers' Comp Trust Fund
Total School Fund CMERP Allocation
General Fund CMERP Allocation, see page 14
Total School CMERP
$ (80,052)
2,079,436
765
2,000,149
529~557
, $ 2,529,706
]5
City of Roanoke, Virginia
Capital Maintenance and Equipment Replacement Reserve (CMERP)
Per Ordinance 26292
Total General Fund Budget FY03
$ 203,001,986
10%
20,300,199
Less: General Fund Transfer to Debt Service
Maximum Designated CMERP Reserve
(16,847,042)
$ 3,453,157
16
CITY OF ROANOKE, VIRGINIA
SUMMARY OF CITY MANAGER TRANSFERS
AND AVAILABLE CONTINGENCY
JUNE 30, 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/I0/03
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
CMT-1444 04/15/03
CMT-1448 04/16/03
CMT-1449 04/16/03
CMT-1460 04/16/03
CMT-710 04/23/03
CMT-722 05/09/03
Explanation From
T..~o
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
Contingency*
Police Patrol
Fire-Support
Police Training
Planning, Building and
Development
Police Patrol
Parks and Recreation
Administration
Crisis Intervention
Police Patrol
Contingency*
Police Patrol
Transfers To Other
Funds
Contingency*
Transfers To Other
Funds
Contingency*
Social Services-
Administration
Fire-Administration
Outreach Detention
Supplement Operating Expenses
Supplement Operating Expenses
Assist and Expedite Clean-Up
Of Smith Mountain Lake
Group Rate For Twenty-Five Cell
Phones
Group Rate For Twenty-Five Cell Director Of Public
Phones Works
Crisis Intervention
Contingency*
Group Rate For Twenty-Five Cell
Phones
Excess Summer Food Program
Costs-Fiscal Years 1999-2003
Replace American Flags Down-
town
Engineering
Contingency*
Police Patrol
Memberships and
Affiliations
Transportation-Engineering
and Operations
Environmental Services and
Emergency Management
Environmental Services and
Emergency Management
Neighborhood Partnership
Parks
Transportation-Streets and
Traffic
Youth Haven
Economic Development
City Attorney
Commissioner of the
Revenue
Engineering
City Council
Engineering
Transportation-Snow
Removal
Social Services-
Revenue Maximization
Police Patrol
Transfer to Fleet Manage-
ment
Outreach Detention
Board of Equalization
Contingency* Memberships and Affilations
Transportation-Streets Transportation-Engineering
and Traffic and Operations
Transportation-Engineering
and Operations
Transportation-Engineering
and Operations
Transfer To Grant Fund
Transportation-Engineering
and Operations
Amount
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
5,000
828
276
1,380
43,695
8,000
17
CITY OF ROANOKE, VIRGINIA
SUMMARY OF CITY MANAGER TRANSFERS
AND AVAILABLE CONTINGENCY
JUNE 30, 2003
(CONTINUED)
Transfer
Number Date
General Fund Continued:
Explanation From
T._~o Amount
CMT-712 05/14/03
CMT-724 05/15/03
CMT-720 05/28/03
CMT-1485 05/28/03
CMT-735 06/03/03
CMT-1496 06/04/03
CMT-736 06/06/03
CMT-742 06/12/03
CMT-750 06/17/03
CMT-740 06/20/03
CMT-1525 06/30/03
Mobile Radio Maintenance
Agreement
Municipal South Elevator Replace-
ment
Reverse Event Zone Funds
Transfer
VML/VACO Electric Rate Negotia-
tions
Job Grants
Supplement Operating Expenses
Contract for Subdivision Ord-
inance
Legal Expenses
Salem Avenue Streetscape
Improvements
Reengineering
Savings
Building Maintenance
Memberships and
Affiliations
Electrical Rate Cont-
ingency
Contingency*
Custodial Services
Reengineedng
Savings
Reengineering
Savings
Telecommunications 43,970
Transfer to Capital Projects
Fund 36,000
Parks and Recreation
Administration 75,000
Memberships and
Affiliations 44,750
Transfer to Capital Projects
Fund 5,000
Director of General Services 10,000
Transfer to Capital Projects
Fund 35,500
Economic Development 22,125
Juvenile and Domestic
Relations Court Ser- Transfer to Capital Projects
vices Fund
Legal Expenses Contingency* Economic Development
Reclassification of Medicaid Match Income Maintenance Comprehensive Services
Act
Total General Fund
CMT-1385 10/31/02
CMT-1385 10/31/02
CMT-665 01/06/03
CMT-691 03/19/03
CMT-1430 03/27/03
CMT-1467 05/01/03
CMT-736 06/06/03
~Fund:
CMT-646 09/20/02 Century Square Project
CMT-646 09/20/02 Century Square Project
Final Household Hazardous
Waste Collection Day
Final Household Hazardous
Waste Collection Day
Environmental Cleanup
Trout Run Culvert Repairs
Traffic Signal Poles
Ridgewood Park Playground
Contract Updating Subdivision
Ordinance
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
Garden City Phase 3
Draining Project
Second Street/Gains-
boro/VVells Avenue
Master Plan Projects
Environmental Issues-
PWSC
Settlement State DEQ-
PWSC
Environmental Issues-
PWSC
Trout Run Culvert Repairs
Traffic Signals General
Play Structures
Comprehensive Plan Subdivision Ordinance
Total Capital Projects Fund
49,969
14,520
215,000
$ 145
3,855
5,000
60,000
22,992
72,874
30,000
33,245
10,500
,$2~,611
18
CITY OF ROANOKE, VIRGINIA
SUMMARY OF CITY MANAGER TRANSFERS
AND AVAILABLE CONTINGENCY
JUNE 30, 2003
(CONTINUED)
Transfer
Number Date Explanation
Available Contin~lency
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
BO 36335 05/19/03 Regional Competitiveness
Available Contingency at June 30, 2003
From
Contingency
Transfer to Grant
Fund
Contingency
Contingency
T_go
Transfer to Grant Fund
Contingency
Transportation-Snow
Removal
Transfer to Grant Fund
Amount
$ 476,300
(265,913)
(9,381)
13,643
(115,000)
$ 91,456
19
CiTY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
(UNAUDITED)
Year to Date for the Period
Current Fiscal Year
Percent of
Revised Revenue
July 1 - June 30 July I - June 30 Percentage Revenue Estimate
Revenue Source 2001-2002 2002-2003 of Chan~le Estimates Received
General Property Taxes $ 69,908,899 $ 71,674,502 2.53 % ' $ 70,521,394 101.64%
Other Local Taxes 59,645,044 59,522,933 -0.20 % 59,301,164 100.37%
Permits, Fees and Licenses 1,076,603 909,669 -15.51% 1,030,694 88.26%
Fines and Forfeitures 1,103,113 1,244,283 12.80 % 1,116,350 111.46%
Revenue from Use of Money and Property 1,100,101 1,114,804 1.34 % 1,082,729 102.96%
Grants-in-Aid Commonwealth 53,327,086 52,754,731 -1.07 % 54,143,972 97.43%
Grants-in-Aid Federal Government 34,358 34,358 0.00 % 34,300 100.17%
Charges for Services 3,824,810 4,568,919 19.45 % 4,353,761 104.94%
Miscellaneous Revenue 487,606 475,210 -2.54 % 315,045 150.84%
Internal Services 2~249~103 2~088;614 -7.14 % 2~302~219 90.72%
Total $ 192~756~723 '$ 19413881023 0.85 % $ 194~2011628 t00.t0%
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
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Year to Date for the Period
Current Fiscal Year
Percent of
July I - June 30 July I. June 30 Percentage Unencumbered Revised Budget
2001-2002 2002-2003 of Change Balance Appropriafione Obli~[lated
$ 11,658,081 $ 11,579,558 -0.67 % $ 140,079 $ 11,719,637 98.80%
5,848,863 6,005,459 2.68 % 172,937 6,178,396 97.20%
45,676,339 45,293,286 -0,84 % 1,386,177 46,679,463 97.03%
25,087,175 24,366,061 -2.87 % 385,295 24,751,356 98.44%
26,837,070 27,539,447 2.62 % 567,423 28,106,870 97.98%
4,909,877 4,666,072 -4.97 % 7,522 4,673,594 99.84%
5,031,837 5,443,178 8.17 % 276,556 5~719,734 95,16%
12,266,899 16,847,042 37.34 % 16,847,042 100.00%
46,617,823 47,408,556 1.70 % 47,408,556 100.00%
13~660~407 10~779~392 -21.09 % 137~946 10~917~338 98.74%
t97~894~371 $ 199,928~051 - t.18 % ._$ 3r073~935 -~$ 20310011986 98.49%
Note:
Prior year financial statements have been restated to conform to current year presentation.
2O
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND STATEMENT OF REVENUE
(UNAUDITED)
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Transfer from General Fund
Special Puqoose Grants
Total
Year to Date for the Period
Current Fiscal Year
July 1 - June 30 July I - June 30
2001-2002 2002-2003
9,008,675 $ 8,636,235
41,066,378 43,336,782
107,563 117,949
2,093,054 2,535,447
46,617,823 47,408,556
14,014,253 13,488,770
112,907,746 ~$ 115,523,739
Percent of
Revised Revenue
Percentage Revenue Estimate
of Change Estimates . Received
-4.13 % $ 9,226,504 93.60 %
5.53 % 43,236,695 100.23 %
9.86 % 115,298 102.30 %
21.14 % 2,127,968 119.15 %
1.70 % 47,408,556 100.00 %
-3.75 % 13~488,770 NA
2.32 % $ 115,603,791. 99.93 %
SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Year to Date for the Period
Current Fiscal Year
July 1 - June 30 July 1 - June 30 Percentage Unencumbered
Ex~endlturee 2001-2002 2002-2003 of Chan~le Balance
Instruction $ 72,310,286 $ 74,946,541 3.65 % $ 852,593
General Support 3,844,938 3,759,314 -2.23 % 274,658
Transportation 3,912,843 4,058,148 3.71% (15,930)
Operation and
Maintenance of Plant 10,052,523 10,579,929 5.25 % 361,484
Facilities 2,409,220 3,655,447 51.73 % 126,485
Other Uses of Funds 6,189,453 6,591,572 6.50 % 480,147
Special Purpose Grants.. 14,014,253 13,488,770 -3.75 %
Total $ 112,733,516 ~$ 1t7,079,721 3.86 % ~.$ 2,079,437
Percent of
Revised Budget
Appropriations Obli~lated
$ 75,799,134 98.88 %
4,033,972 93.19 %
4,042,218 100.39 %
10,941,413 96.70 %
3,781,932 96.66 %
7,071,719 93.21%
13~488,770 NA
. $ 1t9,159,168 98,25 %
Note:
Prior year financial statements have been restated to conform to current year presentation.
21
CITY OF ROANOKE, VIRGINIA
SCHOOL FOOD SERVICES FUND STATEMENT OF REVENUE
(UNAUDITED)
Year to Date for the Period
Current Fiscal Year
Percent of
Revised Revenue
July 1 - June 30 July 1 - June 30 Percentage Revenue Estimate
Revenue Source 2001-2002 _ 2002-2003 of Change Estimates Received
Grants-in-Aid Commonwealth $ 84,483 $ 85,171 0.81% $ 84,464 100.84 %
Grants-in-Aid Federal Government 2,963,043 3,032,778 2.35 % 2,747,730 110.37 %
Charges for Services lr537~397 1~461~892 -4.91% lr689~923 86.51%
Total $ 4,584,923 -$ 4,679,841 -0.11% $ 4,522,117 101.28 %
SCHOOL FOOD SERVICES FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Year to Date for the Period
Current Fiscal Year
July I - June 30 July 1 - June 30 Percentage Unencumbered
Exeendltures 2001-2002 2002-2003 of Chan~le Balance
Food Services $ 4,352,109 $ 4,348,730 -0.08 % $ 176,761
Facilities 54~278 115~951 113.62 % (66~544)
Total $ 4,406,387 $ 4,464,681 1.32 % $ 110,217
Percent of
Revised Budget
Appropriations .Oblil[lated
$ 4,525,491 96.09 %
49,407 234.69 %
$ 4,574,898 97.69 %
22
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JUNE 30, 2003
(UNAUDITED)
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 Unobligatad
Budget To Date Balance Encumbrances Balance
11,917,966 $ 9,993,334 $ 1,924,632 $ 861,097 $ 1,063,535
18,665,464 7,980,454 10,685,010 153,010 10,532,000
25,157,688 19,333,226 5,824,462 244,096 5,580,366
6,559,902 5,742,391 817,511 382,937 434,574
8,225,244 6,960,092 1,265,152 339,005 926,147
25,882,638 5,902,785 19,979,853 1,551,822 18,428,031
27,218,917 18,360,766 8,858,151 1,295,517 7,562,634
3,481,781 2,847,968 633,813 490,944 142,869
5,635,273 4,351,770 1,283,503 44,388 1,239,115
799,134 799,134 799,134
$ 133,844,007..[_ $ 8t,472,786 $ 82,071,221 $ 5,362,816 $ 46,708,405
CITY OF ROANOKE, VIRGINIA
SCHOOL CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JUNE 30, 2003
(UNAUDITED)
Bud~let
Elementary Schools Renovation $ 20,389,174
Middle Schools Renovation 981,365
High Schools Renovation 1,627,679
Transportation Facility Renovation 1,000,000
Interest Expense 262,929
Capital Improvement Reserve (743,729)
Total $ 23,517,418
Expenditures Unexpended Outatanding Unobligated
To Date Balance Encumbrances Balance
$ 6,239,558 $ 14,149,616 $ 12,171,723 $ 1,977,893
962,733 18,632 18,632
277,867 1,349,812 250,000 1,099,812
103,490 896,510 896,510
212,020 50,909 50,909
(743,729/ (743172~
$ 7,795,668 $ 15,721,750 $ 13,3t8,233 $ 2,403,5t7
23
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
COMPARATIVE STATEMENT OF REVENUES
FOR THE TWELVE MONTHS ENDING JUNE 30, 2003
(UNAUDITED)
Interest Revenue:
Interest on Bond Proceeds
Interest on SunTrust Lease
Interest on Idte 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
Sale of Nelms Lane Property
First Tee Golf Deposit
Household Hazardous Waste Day - Roanoke County
Household Hazardous Waste Day - City of Salem
Household Hazardous Waste Day - Town of Vinton
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
24
FY 2003
$ 1,119,586
451
180,343
1,300,380
973,002
343,684
357,791
298,564
50,367
2,023,408
31,200
20,000
7,500
1,500
1,000
61,200
4,945,967
41,940
_ 4,987,907
$ 8,372,895
FY 2002
$ 982,841
12,120
540,981
1,535,942
19,223
118,989
10,143
23,064
171,419
670,000
44,400
100
3,100
8,500
5OO
15
726,615
6,439,336
375,000
41,530,000
_ 48,344,336
_$50,778,3t2
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE TWELVE MONTHS ENDING JUNE 30, 2003
(UNAUDITED)
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
FY2003
$ 4,754,405
4,223,992
642,072
33,392
34,367
262,231
35,256
435,505
1,209,316
Total Operating Revenues
11,630,536
Operating Expenses
Personal Services
Operating Expenses
Purchased Water - Roanoke County
Purchased Water - City of Salem
Depreciation
4,417,797
3,961,077
1,907,359
589,419
1,652,411
Total Operating Expenses
12,528,063
(897,527)
Operating Income (Loss)
Nonoperating Revenues (Expenses)
Interest on Investments
Rent
Gain on Disposal of Asset
Miscellaneous Revenue (Expense)
Transfer to Capital Projects Fund
Transfer to Department of Technology Fund
Interest and Fiscal Charges
81,526
125,200
(22,342)
(41,146)
(1,083,856)
Net Nonoperating Expenses
(940,618)
Net Income (Loss)
Note: Prior year financial statements have been restated to conform to current year presentation.
FY 2002
4,523,573
3,779,017
663,507
29,277
29,726
233,572
31,106
590,748
1,353,399
11,233,925
4,172,676
3,627,679
387,047
26,809
1,683,431
9,897,642
1,336,283
200,117
78,689
355,750
60,967
(375,000)
(1,034,970)
(714,447)
$ 621,836
25
CITY OF ROANOKE, VIRGINIA
WATER POLLUTION CONTROL FUND
COMPARATIVE INCOME STATEMENT
FOR THE TVVELVE MONTHS ENDING JUNE 30, 2003
(UNAUDITED)
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 Revenue (Loss)
Nonoperating Revenues (Expenses)
Interest on Investments
Miscellaneous Revenue (Expense)
Capital Contributions - Other Jurisdictions
Transfer to Department of Technology Fund
Loss on Disposal of Fixed Assets
Interest and Fiscal Charges
Net Nonoperating Expenses
Net Income (Loss)
FY 2003
$ 6,685,845
1,696,772
307,767
1,618,697
248,614
196,121
212,662
10,966,478
2,141,478
5,436,275
1,857,220
9,434,973
1,531,505
132,732
(226)
97,832
(27,248)
(743,890)
(540,800)
$ 990,705
FY 2002
$ 7,146,455
879,564
230,927
859,011
161,510
156,034
201,515
9,635,016
2,073,682
6,183,213
1,406,590
9,663,485
(28,469)
177,447
16
154,502
(34,082)
(759,774)
(461,891)
$ (490,360)
Note: Prior year financial statements have been restated to conform to current year presentation.
26
CITY OF ROANOKE, VIRGINIA
CiViC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE TVVELVE MONTHS ENDING JUNE 30, 2003
(UNAUDITED)
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
Nonoperafing Revenues
Interest on Investments
Transfer from General Fund-Operating
Capital Contributions
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
Interest Expense
Contractual Penalties
Miscellaneous
Total Nonoperating Revenues
Net Income
FY 2003
901,069
299,831
16,500
501,330
6,060
103,187
232,139
31,719
108,829
1,196,541
15,768
3,412,973
1,946,989
2,368,810
528,186
4,843,985
(1,431,012)
15,362
1,590,630
204,555
(69,330)
(47,754)
(15,352)
(648)
105,017
26,820
1,809,300
$ 378,288
FY 2002
$ 675,191
348,813
178,180
271,324
11,061
62,188
260,127
80,278
7,877
1,273,945
37,499
3,206,483
1,993,930
2,049,420
495,976
4,539,326
(1,332,843)
32,666
1,137,130
655,831
830,000
204,555
385,000
(270)
1,677
3,246,589
$ 1,913,746
27
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE INCOME STATEMENT
FOR THE TWELVE MONTHS ENDING JUNE 30,
(UNAUDITED)
FY 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
375,841
437,708
226,431
493,818
401,597
48,504
74,714
58,699
36,668
85,545
Total Operating Revenues
2,239,525
Operating Expenses
Operating Expenses
Depreciation
1,149,816
549,356
Total Operating Expenses
1,699,172
540,353
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Capital Contributions
Transfer from General Fund
Transfer from Capital Projects Fund
Transfer to General Fund
interest and Fiscal Charges
Miscellaneous
7,750
115,000
(589,221)
Net Nonoperating Expenses
Net Income
(466,471)
$ 73,882
2003
FY 2002
$ 385,312
440,431
217,106
472,106
407,046
8,649
103,391
28,356
15,085
2,077,482
830,189
541,516
1,371,705
705,777
27,423
3,907,752
32,000
129,267
(209,835)
(497,710)
2,836
3,391,733
$ 4,097,510
28
CiTY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
INCOME STATEMENT
FOR THE TWELVE MONTHS ENDING JUNE 30, 2003
(UNAUDITED)
Operating Revenues
Retail Space Rental
Total Operating Revenues
Operating Expenses
Operating Expense
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenues
Interest on Investments
Transfer From Capital Projects Fund
Capital Contributions
Miscellaneous Revenue
Net Nonoperating Revenues
Net Income
FY 2003
$ 134,868
134,868
138,911
3,743
142,654
(7,786)
1,839
295,000
289,220
45O
586,509
$ 578,723
29
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER COMMISSION
COMPARATIVE INCOME STATEMENT
FOR THE TWELVE MONTHS ENDING JUNE 30, 2003
(UNAUDITED)
Operating Expenses
Salaries and Fringe Benefits
Fees for Professional Services
Administrative Expenses
Total Operating Expenses
Nonoper~ing 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
$ 51,829 $ 56,554
94,533 87,883
3,907 33,776
150,270 178,213
125,000 175,000
125,000 175,000
(57,428)
60,915 103,700
310,915 396,272
160,645 218,059
(511,236) (511,236)
$~ (35.~0,591_J.) $ (293,177)
Note: Financial information represents activity of the Commission as accounted for in the City's
financial records.
3O
CITY OF ROANOKE, VIRGINIA
INTERNAL SERVICE FUNDS
COMPARATIVE INCOME STATEMENT
FOR THE TWELVE MONTHS ENDING JUNE 30, 2003
(UNAUDITED)
Operating Revenues
Charges for Services
Total Operating Revenues
Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income (Loss)
Nonoperating Revenues (Expenses)
Interest Revenue
Interest Expense
Transfers From General Fund
Transfer From Water Fund
Transfer From Water Pollution Control Fund
Transfer From Civic Center Fund
Transfer to Capital Projects Fund
Transfer to Grant Fund
Loss on Disoposal of Fixed Assets
Other Revenue
Net Nonoperating Revenues
Net Income (Loss)
Department
of Fleet Risk TOTALS
Technology Management Management FY 2003 FY 2002
$ 4,333,362 $ 4,433,659 $ 11,104,078 $ 19,871,099 $ 17,867,843
4,333,362 4,433,659 11,104,078 19,871,099 17,867,843
2,139,815 1,280,993 148,294 3,569,102 3,505,820
1,522,938 1,930,799 11,751,669 15,205,406 11,934,626
699,823 1,977,640 2,677,463 2,551,734
4,362,576 5,189,432 11,899,963 21,451,971 17,992,180
(29,214) (755,773) (795,885) (1,580,872) (124,337)
79,439 19,909 281,057 380,405 454,444
(8,667) (77,656) (86,323) (79,352)
629,229 1,387,930 250,000 2,267,159 3,528,478
41,146 41,146
27,248 27,248
47,754 47,754
(41,940) (41,940)
(41,350)
(26,079) (1,504) (27,583) (57,877)
51,846 20,400 44,716 116,962 309,247
841,916 1,307,139 575,773 2,724,828 4,113,590
$ 812,702 $ 55~,368 $ (220,112) $ 1,143,956 $ 3,989,253
Note: Prior year financial statements have been restated to conform to current year presentation.
31
CITY OF ROANOKE, VIRGINIA
CiTY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED JUNE 30, 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 JUNE 30, 2003.
BALANCE AT BALANCE AT BALANCE AT
FUND MAY 31, 2003 RECEIPTS DISBURSEMENTS JUNE 30, 2003 JUNE 39, 2002
GENERAL $11,822,688.92 $16,507,051.97 $21,436,895.85 $6,892,845.04 $8,582,361.83
WATER 4,455,992.61 613,161.61 567,525.89 4,501,628.33 11,005,337.18
WATER POLLUTION CONTROL 9,094,320.45 1,846,752.67 2,533,062.64 8,408,010.48 9,544,640.75
CIVIC FACILITIES 949,578.94 929,053.54 351,779.97 1,526,852.51 5,153,753.81
PARKING 491,175.08 194,995.43 113,292.37 572,878.14 542,021.37
CAPITAL PROJECTS 53,199,592.53 1,546,752.43 1,135,455.81 53,610,889.15 63,441,044.56
MARKET BUILDING OPERATIONS 299,143.13 25,210.64 28,170.96 296,182.81 0.00
CONFERENCE CENTER 3,897,350.57 1,901.36 19,984.30 3,879,267.63 4,274,107.39
RKE VALLEY DETENTION COMM 0.00 0.00 0.00 0.00 2,088,679.54
DEBT SERVICE 14,409,230.13 13,861.36 0.00 14,423,091.49 14,094,179.30
DEPT OF TECHNOLOGY 5,232,034.84 308,840.28 387,077.60 5,153,797.82 5,811,099.54
MATERIALS CONTROL 0.00 0.00 0.00 0.00 305,557.55
FLEET MANAGEMENT 1,401,362.74 173,788.65 234,947.67 1,340,203.72 687,256.21
PAYROLL (12,049,243.40) 23,672,795.62 15,005,440.72 (3,381,888.50) (3,174,053.241
RISK MANAGEMENT 11,919,953.36 811,948.33 677,377.30 12,054,524.39 12,119,501.32'
PENSION 335,473.09 3,125,299.20 2,853,702.66 607,069.63 549,598.21
SCHOOL FUND 8,871,299.16 9,072,802.87 6,446,190.85 11,497,911.18 10,275,257.27
SCHOOL CAPITAL PROJECTS 9,307,250.69 4,76Q04 225,720.29 9,086,290.44 6,977,891.00
SCHOOL FOOD SERVICE 562,579.47 547,871.64 583,732.26 526,718.85 326,587.95
FDETC 49,31801 146,421.93 133,289.36 62,450.58 47,779.55
GRANT 1,054,039.50 148,448.72 516,842.95 685,645.27 256,858.95
TOTAL $125,303,139.82 $59,691,718.29 $53,250,489.45 $131,744,368.66 $152,909,460.04
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 JUNE 30, 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
$1,152,626.23
1,462,304.50
13,263,381.50
27,826,284.99
10,402,764.22
30,000,000.00
8,024,375~00
39,612,632.22
DATE: JULY 14, 2003
32
CITY OF ROANOKE PENSION PLAN
COMPARATIVE STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE 12 MONTHS ENDED JUNE 30, 2003
(UNAUDITED)
Additions:
FY 2003
FY 2002
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)
$ 4,674,288
4,032,917
3,311,489
7,344,406
552,940
6,791,466
$ 11,465,754
$ 4,328,760
(32,023,041)
6,872,516
(25,150,525)
725,519
(25,876,044)
$ (21,547,284)
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
Net Increase (Decrease)
Net Assets Held in Trust for Pension Benefits:
$ 16,708,912
308,100.
17,017,012
(5,551,258)
$ 14,927,914
328,467
15,256,381
(36,803,666)
Fund Balance July 1
Fund Balance June 30
289,534,315
$283~983,05._[.7
326,337,980
$289~634~316
33
CITY OF ROANOKE PENSION PLAN
COMPARATIVE BALANCE SHEET
JUNE 30, 2003
(UNAUDITED)
Assets
Cash
Investments, at Fair Value
Employer Contributions Receivable
Accrued Investment income
Other Assets
Total Assets
FY 2003
$ 594,436
285,239,394
530,146
321,950
6,150
._$ 286~692=076
FY 2002
$ 541,276
292,195,749
216,745
438,161
5,785
$ 293~397~716
Liabilities and Fund Balance
Liabilities:
Accounts Payable
Payable for Cash Collateral on Loaned Securities
Total Liabilities
Fund Balance:
Fund Balance, July 1
Net Gain (Loss) - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
$ 173,013
2,536,006
2,709,019
289,534,315
(5,551,258)
283,983,057
$ 286~692~076
$ 108,616
3,754,785
3,863,401
326,337,980
(36,803,665)
289,534,315
$ 293~397~716
34
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk@ci.roanoke.va.us
August 25, 2003
File #60-467
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Gloria P. Manns, Chair
Roanoke City School Board
1727 Staunton Avenue, N. W.
Roanoke, Virginia 24017
Dear Ms. Manns:
I am attaching copy of Ordinance No. 36458-081803 amending and reordaining certain
sections of the 2003-04 General, School, and School Capital Projects Funds
Appropriations, providing for appropriation and transfer of funds for the following school
programs and improvements: $95,000.00 - Fallon Park Elementary School improvements;
$240,000.00 -Westside Elementary School improvements; $22,000.00 -2003 Instructional
Support Team Project at Fallon Park Elementary School; $1,332,365.00 - unappropriated
balances of Capital Maintenance and Equipment Replacement Funds remaining on June
30, 2003, to a Reserve for Capital Improvements for Future School Construction Costs;
and $872,500.00 - Capital Maintenance and Equipment Replacement Funds appropriated
during the 2003 fiscal year from the Construction of Transportation Facility account in the
School Fund; and dispensing with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
SMM:ew
Sincerely,
Stephanie M. Moon |
Deputy City Clerk
Attachment
Gloria P. Manns
August25,2003
Page 2
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke,
Virginia 24031
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2003.
No. 36458-081803.
AN ORDINANCE to amend and reordain certain sections of the 2003-2004
General, School, and School Capital Projects Funds Appropriations, and dispensing with
the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2003-2004 General, School, and School Capital Projects Funds Appropriations be, and
the same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Nondepartmental $ 74,895,263
Transfer to School Fund - CMERP (1) ........................................................ 1,025,630
Fund Balance
Reserved for CMERP - Schools (2) ............................................................. $ 529,557
School Fund
Appropriations
Education $ 154,851,371
Instructional Support Team Project 2003 (3) .............................................. 22,000
Facilities (4) ................................................................................................ 1,454,759
Other Uses of Fund 6,204,628
Transfer to School Capital Projects Fund (5) ............................................. 1,342,947
Revenues
Grants $ 38,249,408
Instructional Support Team Project 2003 (6) .............................................. 22,000
Non-Operating $ 50,015,076
Transfer from General Fund - CMERP (7) ................................................ 1,025,630
Fund Balance
Reserved for CMERP - Schools (8) ............................................................. $
Reserved for Future Capital Projects (9-10) ..................................................
School Capital Projects Fund
Appropriations
Education
School Transpodation Facility (11) .............................................................
Fhllon Park Elementary School Improvements (12) ....................................
Westside Elementary School Improvements (13) .......................................
Revenues
Non-Operating $
Transfer from School Fund (14) ..................................................................
1) Transfer to School Fund
- CMERP
2) Reserved for CMERP
3) Compensation
of Teachers
4) Buildings
5 Transfer to School
Capital Projects Fund
6 Federal Grant Receipts
7 Transfer from General
Fund - CMERP
8 Reserved for CMERP
- Schools
9) Reserved for Future
Capital Projects
10) Reserved for Future
Capital Projects
11) Appropriated from
General Revenue
12) Appropriated from
General Revenue
13) Appropriated from
General Revenue
14) Transfer from
School Fund
(001-250-9310-9532)
(001-3324)
(030-062-6593-6029-0121)
(030-065-6006-6896-0851)
(030-065-6007-6896-9531)
(030-062-6593-1102)
(030-060-6000-1356)
(030-3324)
(030-3329)
(030-3329)
(031-060-6065-6896-9003)
(031-065-6067-6896-9003)
(031-054-6068-6896-9003)
(031-065-6065-1127)
$1,025,630
(1,025,630)
22,000
(607,947)
942,947
22,000
1,025,630
(306,735)
1,332,365
(335,000)
607,947
95,000
240,000
942,947
2,000,149
997,365
24,860,365
1,607,947
95,000
240,000
1,592,947
942,947
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
,~ Gloria P. Manns, Chairman
Ruth C. Willson, Vice Chairman
William H. Lindsey
//-Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381
Melinda J. Payne
Robert J. Sparrow
Kathy G. Stockburger
David B. Trinkle, M.D.
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
· Fax: 540-853-2951
August 18, 2003
The Honorable Ralph K. Smith, Mayor
and Members of Roanoke City Council
Roanoke, VA 2401!
Dear Members of Council:
As the result of official School Board action at its August 12
meeting, the Board respectfully requests City Council to approve the
following appropriations and transfers:
· $95,000.00 for Fallon Park Elementary School improvements.
The funds will be used for design fees for the electrical, heating,
ventilation and air conditioning upgrade for Fallon Park. Funding
will be provided from the School Fund Reserve.
· $240,000.00 for Westside Elementary School improvements. The
funds will be used for the preparation of construction and bidding
documents and for construction administration of renovations and
an addition at Westside. Funding will be provided from the
School Fund Reserve.
· $22,000.00 for the 2003 Instructional Support Team Project to
assist the division in providing services for children with
disabilities at Fallon Park Elementary School. This new grant
program is being funded from federal Individuals with Disabilities
Education Act funds.
· The transfer of $1,332,365.00 in unappropriated balances of
Capital Maintenance and Equipment Replacement Funds
remaining at June 30, 2003, to a Reserve for Capital
Improvements for Future School Construction Costs will provide
cash funding for planned future school renovation and
construction costs. It is anticipated that the future appropriation
of these funds will be made to the School Capital Projects Fund.
· The transfer of $872,500.00 in Capital Maintenance and
Equipment Replacement Funds appropriated during the
2003 fiscal year from the Construction of Transportation
Facility account in the School Fund to the School
Discovering the Wealth in All Children
Members of Council
Page 2
August 18, 2003
re
cc:
Transportation Facility account in the School Capital
Projects Fund will enable all costs of the new facility to be
recorded in the School Capital Projects Fund and will allow
for appropriate capitalization of the project upon com-
pletion of the construction.
Thank you for your attention to this request.
Sincerely,
Cindy H. Lee, Clerk
Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mrs, Darlene Burcham
Mr. William M. Hackworth
Mr. ]esse A. Hall
Mr. Jim Wells (with accounting
Details)
JESSE A. HALL
Director of Finance
email: jesse_hall~ci.roanoke.va.us
August 18, 2003
CITY OF ROANOKI
DEPARTMENT OF FINANCE
215 Church Avenue, $.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
The Honorable Ralph K. Smith, Mayor
The Honorable C. Nelson Harris, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Beverly T. Fitzpatrick, Jr., Council Member
The Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
We have reviewed the attached request to appropriate funding for the School Board.
This report will appropriate the following:
$95,000 for Fallon Park Elementary School improvements. The funds will
be used for design fees for the electrical, heating, ventilation and air
conditioning upgrade for Fallon Park. Funding will be provided from the
School Fund Reserve.
$240,000 for Westside Elementary School improvements. The funds will
be used for the preparation of construction and bidding documents and for
construction administration of renovations and an addition at Westside.
Funding will be provided from the School Fund Reserve.
$22,000 for the 2003 Instructional Support Team Project to assist the
division in providing services for children with disabilities at Fallon Park
Elementary School. This new grant program is being funded from federal
Individuals with Disabilities Education Act funds.
The transfer of $1,332,365 in unapproprated balances of Capital
Maintenance and Equ pment Replacement (CMERP) funds remaining in
both the General and School Funds at June 30, 2003, to a Reserve for
Capital Improvements for Future School Construction Costs in the School
Fund. This funding will provide for planned future school renovation and
construction costs. These funds will subsequently be transferred to other
accounts in the School Capital Projects Fund.
Honorable Mayor and Members
of City Council
August 18, 2003
t recommend
The transfer of $607,947 in Capital Maintenance and Equipment
Replacement Funds appropriated during the 2003 fiscal year from the
Construction of Transportation Facility account in the School Fund to the
School Transportation Facility account in the School Capital Projects Fund.
Expenses incurred in FY03 in the School Fund in the amount of $264,553
have been capitalized as construction in process and will be combined with
the School Capital Project fund expenditures. This will enable all costs of
the new facility to be recorded in the School Capital Projects Fund and will
allow for appropriate capitalization of the project upon completion of the
construction
that you concur with this repo~ of the School Board.
Sincerely,
Jesse A. Hall
Director of Finance
Attachment
JAH/ctg
C:
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of City Schools
CITY OF R O_..ANOKE
Office of the C~ty Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
August 25, 2003
File #165-176
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36459~081803 authorizing execution of an
agreement between the City of Roanoke and Blue Ridge Housing Development
Corporation, to provide funds from the Derelict Structures Fund, in the amount of
$50,000.00, to Blue Ridge Housing Development Corporation, for renovation of property
located at 1018 Jamison Avenue, S. E., upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
SMM:ew
Attachment
Sincerely,
Stephanie M. Moon
Deputy City Clerk
H 5Agenda.O3~August 18, 2003 correspondence.wpd
Darlene L. Burcham
August 25, 2003
Page 2
pc:
Alvin Nash, President, Blue Ridge Housing Development Corporation, P. O. Box
11683, Roanoke, Virginia 24022
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
Rolanda B. Russell, Assistant City Manager for Community Development
Mike Etienne, Director, Depadment of Housing and Neighborhood Services
H:'C, ge nda.03~,ugust 18, 2003 correspondence,wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of August, 2003.
I, Io. 36459-081803.
A RESOLUTION authorizing execution of an Agreement between the City and Blue Ridge
Housing Development Corporation in order to provide funds fi.om the Derelict Structures Fund, in
the amount of $50,000.00, to Blue Ridge Housing Development Corporation for renovation of
property located at 1018 Jamison Avenue, upon certain terms and conditions.
WHEREAS, by Resolution No. 35005-080700, adopted August 7, 2000, City Council
authorized the City Manager to prepare and submit an application to the Virginia Department of
Housing and Community Development for a grant from the Derelict Structures Fund in the amount
of $100,000.00 on behalf of Northwest Neighborhood Environmental Organization and Two B
Investments;
WHEREAS, the grant was awarded, and a funding agreement was executed between the City
and the Department of Housing and Community Development on May 29, 2001;
WHEREAS, the City of Roanoke has $50,000.00 ofunexpended funds from the grant;
WHEREAS, Blue Ridge Housing Development Corporation ("BRHDC") desires to utilize
the City's remaining $50,000.00, on a reimbursement basis, to renovate property located at 1018
Jamison Avenue, which is in the Southeast by Design neighborhood; and
WHEREAS, BRHDC is committing $70,000.00 fxom its own line of credit, and in
partnership with Total Action Against Poverty, will commit another $30,000.00 for match.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager, or the Assistant City Manager, is hereby authorized to execute any and all requisite
documents, approved as to form by the City Attorney, to allocate $50,000.00 of the Derelict
Structures Fund grant to BRHDC on a reimbursement basis, as more particularly set out in the City
Manager's letter dated August 18, 2003, to this Council.
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
August 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Virginia Derelict Structures Fund and
Agreement With Blue Ridge Housing
Development Corporation
Background:
On August 7, 2000, City Council authorized the City Manager, by resolution, to apply to
the Virginia Department of Housing and Community Development for $100,000 for the
Derelict Structures Fund grant on behalf of the Northwest Neighborhood Environmental
Organization and Two B Investments. The intent of the Derelict Structures Fund is to
fund projects that address "residential, commercial or industrial structures which are in
such poor condition as to cause a blight upon the neighborhood." Funds may be
utilized for acquisition, demolition, removal, rehabilitation or repair of specific, targeted
derelict structures. A 100% match of local funds is required. Funds were awarded and
the funding agreement was executed between the City and the Department of Housing
and Community Development on May 29, 2001. The Northwest Neighborhood
Environmental Organization has expended their $50,000 allocation. Due to unforeseen
issues, Two B Investments
was unable to utilize the funds as required in a timely manner. Therefore the City of
Roanoke has $50,000 in unexpended funds available.
Considerations:
At this time Blue Ridge Housing Development Corporation ("Blue Ridge"), a local non-
profit housing group, desires to use the remaining $50,000 to renovate the property
Honorable Mayor and Members of Council
August 18, 2003
Page 2
located at 1018 Jamison Avenue. This property is located in our Southeast... by Design
neighborhood. The house was built in 1900, has 2,793 square feet and is
currently vacant. The property is in poor condition and has had some partial renovation
on the interior of the structure. Proposed redevelopment includes interior and exterior
rehabilitation, electrical and plumbing upgrades, HAVC and emergency upgrades, and
water and sewer upgrades. Blue Ridge can immediately begin work on the property
and use it as a showcase property to market the Southeast project. It was last used as
a 4-unit residence and the renovations would convert it back to a duplex featuring the
ability to live in one side and rent out the other side. Construction bids from three local
contractors came in at an average of $150,000. Blue Ridge is committing $50,000 from
its own line of credit, and has been approved for a $50,000 construction loan from First
Citizens Bank.
The City's primary housing goals are to provide greater housing choices and raise the
assessed values of properties in our core neighborhoods. The average house
assessment in the Southeast...by Design neighborhood is only $55,000 and
homeownership rate is 56 percent. The significant renovation of this property would fit
in the neighborhood, however, the rehabilitation costs incurred are the investment for
the area and may be higher than the eventual sales price of the structure. This is the
most viable solution to address vacant properties within our City until market demand
improves.
Recommendation:
Approve allocating the remaining $50,000 Derelict Structures Fund grant to Blue Ridge
on a reimbursement basis, and authorize the City Manager to execute an
agreement between the City of Roanoke and Blue Ridge, approved as to form by the
City Attorney.
Respectfully submitted,
City Manager
DLB/dwm
C;
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mike Etienne, Director of Housing and Neighborhood Services
Barry L. Key, Director of Management and Budget
#CM03-00164
AGREEMENT
This Agreement is made and entered into this
the following parties:
Day of
, by and between
The Grantee
City of Roanoke, Virginia
215 Church Avenue SW
Roanoke, Virginia 24011
The Subgrantee
Blue Ridge Housing Development Corporation
P.O. Box 11683
510 11th Street, NW
Roanoke, Virginia 24022
WITNESSETH:
WHEREAS, by Resolution No. 35005-080700, the Roanoke City Council approved the
execution of a grant agreement with the Virginia Department of Housing and Community
Development for an allocation of funds from the Virginia Derelict Structures Fund (DSF);
and
WHEREAS, by Resolution No. , the Roanoke City Council approved the
execution of a subgrant agreement between the Grantee and the Subgrantee to support
the renovation of the building at 1018 Jamison Avenue in the City of Roanoke;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. RENOVATION PROJECT
(a)
General -- The Subgrantee shall undertake the complete renovation of the
building located at 1018 Jamison Avenue, generally according to plans
approved by the Grantee's Department of Housing and Neighborhood
Services and in compliance with the Virginia Uniform Statewide Building
Code. The Subgrantee shall renovate and use the building consistent with
the application for the Derelict Structures Fund the Grantee submitted to the
Virginia Department of Housing and Community Development in August
2000.
(b)
Requlatory Compliance -- The Subgrantee orthe Subgrantee's contractor(s)
shall obtain required permits prior to the beginning of renovations. Any use
of the property shall be in conformance with Certificates of Occupancy
issued by the Grantee, the Grantee's zoning and land use requirements, and
all other applicable regulations of the Grantee.
Page 1 of 10
(c)
Period of this Aqreement -- This Agreement shall be effective immediately
upon its execution by both parties, and, unless amended or terminated, shall
end the earlier of July 1, 2004, or disbursement of all funds to the
Subgrantee by the Grantee.
Schedule -- The Subgrantee shall continue substantive work toward
completion of renovation. Such work may include demolition of parts of the
building preparatory to renovation or replacement of those parts. The
Subgrantee shall complete renovations and obtain Certificates of Occupancy
by July 1,2004.
The Subgrantee shall submit required documentation of costs claimed for
reimbursement from the Grantee by January 30, 2004.
(e) Renovation costs -- Projected costs of the property's redevelopment are:
Property Subgrantee's DSF Total Reimbursable
Address Cost/Match Grant Rehab Cost DSF Funds
1018 Jamison Ave. $100,000 $50,000 $150,000 $50,000
(f)
(g)
Funds reimbursed to the Subgrantee by the Grantee from Virginia Derelict
Structures Fund require a matching amount of funds in the project. The
Subgrantee shall provide satisfactory documentation to the Grantee that the
total of the renovation costs of the property, including predevelopment costs,
architectural and engineering costs, and necessary legal costs associated
with the renovation, is not less than 200% of the reimbursable amount shown
in the table above. Such documentation shall be in a form acceptable to the
Grantee, such as bills or invoices due, receipts for payments made, or copies
of canceled checks used to pay for project activities.
Requlations of the Derelict Structures Fund -- The Subgrantee agrees to
abide by all regulations, requirements and conditions set forth by the
Department of Housing and Community Development for use of the Derelict
Structures Fund. The Subgrantee agrees to provide reasonable access to
the project, and records pertaining thereto, by staff of the Grantee and the
Department of Housing and Community Development to verify progress and
completion of the project in accordance with the Derelict Structures Fund
program and this agreement.
At all times during the renovation, the Subgrantee shall comply with all
applicable federal, state, and local laws, ordinances and regulations.
Page 2 of 10
II. REIMBURSEMENT OF EXPENSES
Ill.
IV.
(a)
Form of Subsidy -- The total amount to be reimbursed to the Subgrantee by
the Grantee from the Derelict Structures Fund under this Agreement is
$50,000. The subsidy will be in the form of a grant of funds for
reimbursement of eligible expenses. As funds will be released to the
Subgrantee for expenses incurred or paid, no deed of trust or other
encumbrance will be placed upon the property by the Grantee as the result
of this agreement.
(b)
Claims for Reimbursement of Expenses -- The Subgrantee shall submit to
the Grantee's Department of Housing and Neighborhood Services
documentation of project expenses showing costs incurred or paid since the
inception of the project. Such documentation shall be in a form acceptable
to the Grantee, such as bills or invoices due, receipts for payments made, or
copies of canceled checks used to pay for project activities. The request for
reimbursement shall indicate the total of project expenses and the amounts,
itemized by purpose, claimed for reimbursement from the Grantee. All
documentation of costs claimed for reimbursement from the Grantee must be
submitted to the Grantee by January 30, 2004.
(c)
Payment of Reimbursement -- Upon receipt of satisfactory documentation as
described above, the Grantee shall reimburse the eligible expenses to the
Subgrantee within thirty (30) days of receipt of the request and
documentation.
THIRD-PARTY CONTRACTS
The Grantee shall not be obligated or liable hereunder to any party other than the
Subgrantee.
INSURANCE
(a)
Requirement of insurance. Blue Ridge Housing Development
Corporation ("BRHDC") shall, at its sole expense, obtain and maintain
during the life of this Agreement the insurance policies and bonds
required by this section. Any required insurance policies and bonds
shall be effective prior to the beginning of any work or other
performance by BRHDC 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
Page 3 of 10
arising out of the BRHDC's performance under this Agreement. The
minimum limits of liability for this coverage shall be $1 million
combined single limit for any one occurrence.
(2) Contractual Liability. Broad form contractual liability insurance
shall include the indemnification obligation set forth in section VI of this
Agreement.
(3) Workers' Compensation. Workers' compensation insurance
covering BRHDC'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 ($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, the
BRHDC's insurance company shall waive rights of subrogation against
the City, its officers, employees, agents, volunteers and
representatives.
(4) Automobile Liability. The minimum limit of liability for automobile
liability insurance shall be $350,000 combined single limit applicable to
owned or non-owned vehicles used in the performance of any work
under this Agreement.
(5) Tenant's insurance. [optional if a lease]. Tenant shall, at its sole
cost and expense, obtain and maintain during the life of this Lease a
property insurance policy written on an "all risk" basis insuring all of
tenant's personal property, including, but not limited to, equipment,
furniture, fixtures, furnishings, and leasehold improvements which are
Tenant's responsibility, for not less than full replacement cost of such
property. All proceeds of such insurance shall be used to repair or
replace tenant's property.
(6) Umbrella Coverage. The insurance coverages and amounts set
forth in subsections (a), (b), and (c) of this section may be met by an
umbrella liability policy following the form of the underlying primary
coverage in a minimum amount of $1 million. Should an umbrella
liability insurance coverage policy be used, such coverage shall be
Page 4 of 10
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 (a), (b), and (c), and it is further agreed
that such statement shall be made a part of the certificate of insurance
furnished by BRHDC to this City.
(7) Evidence of Insurance.. All insurance shall meet the following
requirements:
Prior to execution of this Agreement, BRHDC 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
~nsurance 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.
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."
The required certificate or certificates of insurance
shall name the City of Roanoke, its officers,
employees, agents, volunteers and representatives
as additional insureds.
Where waiver of subrogation is required with
respect to any policy of insurance required under
this section, such waiver shall be specified on the
certificate of insurance.
Insurance coverage shall be in a form and with an
~nsurance company approved by the City which
approval shall not be unreasonably withheld. Any
insurance company providing coverage under this
Page 5 of 10
VI.
Agreement shall be authorized to do business in the
Commonwealth of Virginia.
(b)
Ranqes and Limits. At the end of one year, the City shall have the right
to require increases in the amounts of insurance specified above. Any
adjustments shall bear a reasonable relation to any change in the cost
of living or cost of repair or replacement, as measured by changes in
the consumer Price Index of the United States Bureau of Labor
Statistics applicable to the Commonwealth of Virginia or comparable
measure if the Consumer Price Index is no longer being issued.
(c)
Bond. Contractor shall post and maintain for the life of this Agreement
a performance bond in favor of the City in the amount of SN/A. The
bond shall be issued by a bonding company approved by the City and
shall be conditioned upon BRHDC's full and punctual performance of
BRHDC's obligations and undertakings under this Agreement.
TERMINATION OF AGREEMENT
In the event the Subgrantee materially fails to comply with any term of this
Agreement, including failure to continue substantive work toward completion as
determined in the sole discretion of the Grantee, the Grantee may suspend or
terminate, in whole or in part, this Agreement with 15 days written notice to the
Subgrantee.
INDEMNITY
The Subgrantee agrees and binds itself and its successors and assigns to
indemnify, keep and hold the Grantee and its officers, employees, agents,
volunteers and representatives free and harmless from any liability on account of
any injury or damage of any type to any person or property growing out of or directly
or indirectly resulting from any act or omission of the Subgrantee including: (a) the
Subgrantee's use of the streets or sidewalks of the Grantee or other public property;
(b) the performance under this Agreement; (c) the exercise of any right or privilege
granted by or under this Agreement; or (d) the failure, refusal or neglect of the
Subgrantee to perform any duty imposed upon or assumed by the Subgrantee by or
under this Agreement. In the event that any suit or proceeding shall be brought
against the Grantee or any of its officers, employees, agents, volunteers or
representatives at law or in equity, either independently or jointly with the
Subgrantee on account thereof, the Subgrantee, upon notice given to it by the
Grantee or any of its officers, employees, agents, volunteers or representatives, will
pay all costs of defending the Grantee or any of its officers, employees, agents,
volunteers or representatives in any such action or other proceeding. In the event
Page 6 of 10
of any settlement or any final judgement being awarded against the Grantee or any
of its officers, employees, agents, volunteers or representatives, either
independently or jointly with the Subgrantee, then the Subgrantee will pay such
settlement or judgement in full or will comply with such decree, pay all costs and
expenses of whatsoever nature and hold the Grantee or any of its officers,
employees, agents, volunteers or representatives harmless therefrom.
The Subgrantee shall maintain liability insurance with a quality company, issued by
a company licensed to transact business in this state, during the life of the
Agreement and shall furnish the City with a Certificate of Insurance which shall
name the City, its officers, agents and employees as additional insureds, providing
coverage against any and all claims and demands made by any person or persons
whomsoever for property damages or bodily injury (including death) incurred in
connection with the services to be provided under this Agreement.
VII. INDEPENDENT CONTRACTOR
Services performed under this Agreement shall be performed on an independent
contractor basis and under no circumstances shall this agreement be construed as
establishing an employee/employer relationship. The Subgrantee shall be
completely responsible for its activities in performing services hereunder.
VIII. NONDISCRIMINATION
1. During the performance of this contract, the Subgrantee agrees as follows:
(1) The Subgrantee will not discriminate against any employee or applicant
for employment because of race, religion, color, sex, national origin, age,
disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal operation
of the Subgrantee. The Subgrantee agrees to post in conspicuous
places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
(2)
The Subgrantee, in all solicitations or advertisements for employees
placed by or on behalf of the Subgrantee, will state that such Subgrantee
is an equal opportunity employer.
(3) Notices, advertisement and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient for the purpose
of meeting the requirements of this section.
The Subgrantee will include the provisions of the foregoing subparagraphs A
1, 2 and 3 in every subcontract or purchase order of over ten thousand
Page 7 of 10
IX.
dollars ($10,000), so that the provisions will be binding upon each
subcontractor or vendor.
DRUG-FREE WORKPLACE
1. During the performance of this contract, the Subgrantee agrees to:
(1) Provide a drug-free workplace for the Subgrantee's employees;
(2)
(3)
Post in conspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful
manufacture, sale, distribution, dispensation, possession, or use of a
controlled substance or marijuana is prohibited in the Subgrantee's
workplace and specifying the actions that will be taken against
employees for violations of such prohibition;
(4)
State in all solicitations or advertisements for employees placed by or on
behalf of the Subgrantee that the Subgrantee maintains a drug-free
workplace; and
Include the provisions of the foregoing clauses in every subcontract or
purchase order of over ten thousand dollars ($10,000), so that the
provisions will be binding upon each subcontractor or vendor.
For the purposes of this section, "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to
a contractor in accordance with this chapter, the employees of whom are
prohibited from engaging in the unlawful manufacture, sale, distribution,
dispensation, possession or use of any controlled substance or marijuana
during the performance of the contract.
FAITH-BASED ORGANIZATIONS
Pursuant to Section 2.2-4343.1 of the Code of Virqinia (1950)1 as amended, the City
of Roanoke does not discriminate a~lainst faith-based orqanizations.
Xl. SUCCESSORS
This Agreement shall be binding upon each of the parties, and their assigns,
purchasers, trustees, and successors.
XII. AMENDMENTS
Page 8 of 10
The Grantee, from time to time, may require changes in the obligations of the
Subgrantee hereunder. In such event or events, such changes which are mutually
agreed upon by and between the Grantee and the Subgrantee shall be incorporated
in written amendment to this Agreement.
Xlll. GOVERNING LAW
This Agreement shall be governed by laws of the Commonwealth of Virginia.
XlV. AVAILABILITY OF FUNDS
XV.
Derelict Structure Funds to be reimbursed bythe Grantee to the Subgrantee under
this Agreement is contingent upon necessary appropriation of such funds by the
Virginia Department of Housing and Community Development to the Grantee. In
the event that appropriation of such sufficient funds are withdrawn by the
Department of Housing and Community Development, at the sole discretion of the
Grantee, this Agreement may be terminated in whole or in part.
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:
City Manager
Room 364, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
To the
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 this Agreement as of the day
Page 9 of 10
and year herein above written:
ATTEST:
FOR THE GRANTEE:
By
Mary F. Parker, City Clerk
Darlene L. Burcham, City Manager
ATTEST:
FOR THE SUBGRANTEE:
By_ By.
Secretary
Blue Ridge Housing Development Corporation
President
APPROVED AS TO FORM
APPROVED AS TO EXECUTION
Assistant City Attorney
Assistant City Attorney
APPROPRIATION AND FUNDS REQUIRED
FOR THIS AGREEMENT CERTIFIED
Director of Finance
Account Number
Page IOof 10
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
August 25, 2003
File #132
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36460-081803 amending Paragraph 6 of Resolution
No. 36414-070703, adopted on July 7, 2003, which resolution established a meeting
schedule for City Council for the fiscal year commencing July 1, 2003, and terminating
June 30, 2004, in order to provide that the portion of the regular meetings which begins at
9:00 a.m. for the conduct of informal meetings, work sessions or closed meetings of City
Council will be convened in the Emergency Operations Center (EOC) Conference Room
instead of the Council Chamber.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:ew
Attach merit
Darlene L. Burcham
August25,2003
Page 2
pc:
Jesse A. Hall, Director of Finance
Troy A. Harmon, Municipal Auditor
H;~Agenda.03~ugust 18, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of August, 2003.
No. 36460-081803.
A RESOLUTION amending Paragraph 6 of Resolution No. 36414-070703, adopted
on July 7, 2003, which resolution established a meeting schedule for City Council for the
Fiscal Year commencing July 1, 2003, and terminating June 30, 2004, in order to provide that
the portion of the regular meetings which begins at 9:00 a.m. for the conduct of informal
meetings, work sessions or closed meetings of City Council will be convened in the
Emergency Operations Center (EOC) Conference Room instead of Council Chambers.
WHEREAS, Resolution No. 36414-070703, adopted on July 7, 2002, established a
meeting schedule for City Council for the Fiscal Year commencing July I, 2003, and ending
June 30, 2004; and
WHEREAS, it is the desire of City Council to change the location of the 9:00 a.m.
work sessions of Council;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Paragraph 6 of Resolution No. 36414-070703 adopted on July 7, 2003, is
hereby amended to read and provide as follows:
6. All regular meetings of City Council shall be held in Council
Chambers, Room 450, of the Municipal Building in this City, unless otherwise
provided by resolution of Council, with the exception of the 9:00 a.m. work
sessions, which shall convene in the Emergency Operations Center (EOC)
Conference Room.
2. All other provisions relating to establishing a meeting schedule for City
Council for the Fiscal Year commencing July 1,2003, and ending June 30, 2004, contained
in Resolution No. 36414-070703, shall remain unchanged and in full force and effect.
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
August 25, 2003
File #60-67-188-229-316
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
August 18, 2003, Council Member Fitzpatrick advised that he has requested the City
Manager to compile information with regard to creating a trolley system for the City of
Roanoke, which would operate between the Virginia Museum of Transportation, the City
Market and Crystal Spring, and reinstituting the incline on Mill Mountain. Vice-Mayor Harris
concurred in the remarks of Mr. Fitzpatrick and requested that cost information be provided
to Council in early 2004 for consideration during fiscal year 2004 budget discussions.
SMM:ew
Sincerely,
Stephanie M. Moon
Deputy City Clerk
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fox: (540) 853-1145
E-mail: clctk~ci.toanok¢.va, us
August25,2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Samuel N. Winkler
Akzo Nobel Coatings, Inc.
2837 Roanoke Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Winkler:
I am enclosing copy of Ordinance No. 36461-081803 permanently closing, by barricade,
a portion of Roanoke Avenue, S. W., adjacent to Burks Street, continuing back to the
Norfolk and Southern rail tracks, subject to certain conditions; and dispensing with the
second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:ew
Enclosure
Mr. Samuel N. Winkler
August25,2003
Page 2
pc:
Ms. Peggy Blankenship, Norwich Neighborhood Alliance, 2316 Russell Avenue,
S. W., Roanoke, Virginia 24015
Ms. Lisa Graham, 2230 Roanoke Avenue, S. W., Roanoke, Virginia 24015
Ms. Sue Snelling, 2230 Charlevoix Court, S. W., Roanoke, Virginia 24015
M. J. Wheeler, Superintendent, Norfolk Southern Corporation, 110 Franklin Road,
S. E., Roanoke, Virginia 24042-0053
Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Susan S. Lower, Acting Director of Real Estate Valuation
Steven J. Talevi, Assistant City Attorney
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of August, 2003.
No. 36461-081803.
AN ORDINANCE authorizing the alteration and closing by barricade of certain public
right-of-way in the City of Roanoke, Virginia, subject to certain conditions; and dispensing
with the second reading of this ordinance by title.
WHEREAS, Akzo Nobel Coatings, Inc. filed an Application to the Council.of the City
of Roanoke, Virginia, in accordance with law, requesting the Council to alter and close by
barricade the public right-of-way, subject to certain conditions; as are more particularly
described hereinafter; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by {330-14, Code of the City of Roanoke (1979), as amended, and after
having conducted a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, public hearing was held on such application by the City Council on
August 18, 2003, after due and timely notice thereof as required by {330-14, Code of the City
of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on such Application; and
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closure by barricade of the subject public right-of-way have been properly notified;
and
WHEREAS, from all of the foregoing, the Council considers that no substantial
inconvenience will result to any individual or to the public from altering and closing by
barricade such public fight-of-way, and that such alteration MI1 promote the safety and
welfare of those using the subject public right-of-way and the fight-of-way in the vicinity of
the right-of-way to be closed.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly
described as follows:
That portion of Roanoke Avenue, S.W., adjacent to Burks Street, S.W.,
continuing back to the Norfolk and Southern rail tracks,
be, and hereby is, altered and closed by way of a barricade, conditioned upon the petitioner
erecting a gate with a double lock system to allow Norfolk Southern employees and the
petitioner, and the petitioner's successors and assigns, access via their own lock and keys,
and allowing access to the closed portion of Roanoke Avenue, S.W., to the City of Roanoke,
or any person or entity representing or acting on behalf of the City, and to all public utility
entities with facilities located within the subject fight-of-way, as set forth in the Planning
Commission's report dated August 18, 2003, to this Council.
BE IT FURTHER ORDAINED that the City Engineer be, and is, directed to mark
"Altered and Closed by Barricade" on such right-of-way on all maps and plats on file in his
office on which such rights-of-way are shown, referring to the book and page of ordinances
and resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall
be spread.
BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit
Court of the City of Roanoke, Virginia, an attested copy of this ordinance in order that such
Clerk may make proper notations, if any, of the alteration and closing by barricade as
described above on all maps and plats recorded in that office on which Roanoke Avenue,
S.W., and Burks Street, S.W., appear.
BE IT FINALLY ORDAINED that 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.
Architectural Review Board
Board of Zoning Appeals
Planning ( ommission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone:(540)853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
August18,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from Akzo Nobel Coatings, Inc., represented by Sam
Winkler, that a portion of Roanoke Avenue, S.W., adjacent to
Burks Street, be permanently closed by barricade.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, July 17, 2003. By a
vote of 6-0 (Mr. Butler absent), the Commission recommended approval of the request.
Background:
The petitioner requests that Roanoke Avenue, S.W. be closed by barricade
where it intersects with Burks Street, S.W.
The petitioner met with the Police Department to discuss safety precautions for
the site. The Police Department advised the petitioner to request closure of the portion
of Roanoke Avenue that is used only by the petitioner and Norfolk Southern Railway.
Mr. Manetta asked Mr. Talevi if the conditions of the barricade were binding. Mr.
Talevi advised that if access to the right-of-way was ever denied, i.e. the conditions
were not abided by; the City would have the authority to remove any barricade erected
and reopen the right-of-way. Mr. Rife explained that a double lock barricade could be
employed by connecting two padlocks to a chain, one each for the petitioner and
Norfolk Southern.
Considerations:
This portion of Roanoke Avenue is adjoined by parcels zoned HM, Heavy
Manufacturing, to the north, and LM, Light Manufacturing, to the south. The petitioner's
site is to the north and southwest of the proposed barricade. All of the adjoining uses
are industrial.
This portion of Roanoke Avenue dead ends on its western end where it abuts the
Norfolk Southern railroad right-of-way. Norfolk Southern is the only other property
owner that requires access via this portion of Roanoke Avenue.
The area is served by public utilities. A main sewer line runs under the subject
portion of right-of-way. Staff received comments from American Electric Power (AEP),
and Verizon. Verizon stated no objection to the request. AEP stated that it has
facilities in the right-of-way and would need to maintain an easement.
The petitioner proposes to install a locked gate over the right-of-way and a guard
house adjacent to the street. The guard house will be on the petitioner's property and
will be staffed from 6:00 p.m. to 6:00 a.m. The gate will be left open at all other times.
The proposed barricade will not affect access to utilities, and since no right-of-way is
being conveyed, public utility easements are not necessary for this petition.
Closing Roanoke Avenue at Burks Street will have no impact on traffic in the
area. The barricade will allow the petitioner to effectively incorporate the portion of
right-of-way as part of their site, while the City retains ownership. The petitioner will be
required to provide a gate with a double lock to allow full-time access by Norfolk
Southern. Due to Norfolk Southern's need for access, vacation of the right-of-way is
not feasible.
Recommendation:
The Planning Commission recommended approval of the request to close
Roanoke Avenue by barricade to the west of its intersection with Burks Street, S.W.
The conditions for this closure by barricade are as follows:
The petitioner will be responsible for erecting a gate with a double lock
system to allow Norfolk Southern employees access via their own lock
and keys.
The petitioner shall allow access to the closed portion of Roanoke Avenue
to the City of Roanoke or any party representing or acting on behalf of the
City of Roanoke and to all public utility entities with facilities located within
the right-of-way.
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City Planning Commission
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Sam Winkler, Akzo Coatings, Petitioner
AKZO NOBEL
Coatings Division
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
RE: Petition to close by barricade
Application of Akzo Nobel Coatings Inc. for closure by barricade of
Roanoke Avenue adjacent to Burks Street as shown by the map.
MEMBERS OF COUNCIL:
Akzo Nobel Coatings Inc., applies to have Roanoke Avenue S.W. adjacent
to Burks Street, in the City of Roanoke, Virginia, permanently closed by
barricade pursuant to Virginia Code Section 15.2-2006 and Section 30-14,
Code of the City of Roanoke (1979) as amended. This street is more
particular described on the map attached and as follows:
Section of Roanoke Avenue S.W. beginning at Burks Street continuing back
to the Norfolk and Southern rail tracks. This section of Roanoke Avenue is
unpaved and has no additional adjoining property owners.
Akzo Nobel Coatings Inc. states that the grounds for this application are as
follows:
The only landowner who needs access to this street would be
Norfolk and Southern to reach their tracks. Access would be
granted to Norfolk and Southern.
The Roanoke Police Department in compiling site security
recommendations have suggested Akzo Nobel Coatings petition to
close the section of Roanoke Avenue stated.
Akzo Nobel Coatings Inc. intends to gate the street and place a
Guard Shack adjacent to the gate. This has been discussed with
Norfolk and Southern Railroad. They were informed they would
have access. Norfolk and Southern are in agreement with this.
Akzo Nobel Coatings Inc
2837 Roanoke Ave., S.W
P.O BOX 4627
Roanoke, VA 24015-0627
Tel. (540) 982-8301
FAX (540) 343-3863
Akzo Nobel intends to pave the closed section in compliance with
City paving standards. This will enable Akzo Noble Coatings to
more effectively implement the Stormwater Pollution Prevention
Control Plan as required by the Federal Government.
WHEREFORE, Akzo Nobel Coatings Inc. respectfully requests that the
above-described street be closed by barricade by the Council of the City of
Roanoke, Virginia, in accordance with Virginia code Section 15.2-2006 and
Section 30-14, Code of the city of Roanoke (1979), as amended.
Respectfully submitted,
Samuel N. Winkler May 30, 2003
Akzo Nobel Coatings Inc.
2837 Roanoke Avenue S.W.
Roanoke, VA
(540) 855-3302
Hor?olk Southern $40-~81-440B p.2
SOUTHERN
Norfolk Southern Corporation
110 Franklin Road, S.E.
Roanoke, Virginia 24042-0053
540/981-4476
Fax: 540/981-4880
Superintendent
June 2, 2003
File: 425
Mr. Sam Winkler
Azko-Nobel
2837 Roanoke Avenue SW
Roanoke, VA 24015
Dear Mr. Wink]er:
Reference your request via telephone of June 2, 2003, regarding petition to barricade
Roanoke Avenue, at the end of pavement, where Roanoke Avenue becomes a dirt road,
with a gate, in order to secure your pmpe~y.
Norfolk Southern would be agreeable to a gate barricade, as long as it would contain a
double lock system,, whereby you would have a lock and Norfolk Soutbem would have a
lock. We would require an NS lock, in that we sometimes change crews at this point and
on occasion use extra employees, rather than a regular assigned crew, and by having an '
NS lock, tben NS employees would have a key. This would eliminate us having to have
designated individuals to unlock the gate.
Sincerely,
Proposed Barricade:
Roanoke Ave, SW
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, July 17, 2003, at 1:30 p.m., or as soon as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W.:
Request from Akzo Nobel Coatings, Inc., represented by Sam Winkler, that a
portion of Roanoke Avenue, S.W., adjacent to Burks Street, be permanently
closed by barricade.
A copy of the application is available for review in the Department of Planning
Building and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard
on the matter. If you are a person who needs accommodations for this hearing, please
contact the Department of Planning Building and Development at 853-1730 before
12:00 noon on the Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, July 1 and 8, 2003
Please charge to
Samuel N. Winkler
Akzo Nobel
2837 Roanoke Avenue, SW
P O Box 4627
Roanoke, VA 24015-0627
(540) 982-8301
Please send affidavit of publication to:
Martha P. Franklin
Department of Planning Building & Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1730
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE CLOSURE REQUEST OF:
Akzo Nobel Coatings, Inc. to close by barricade a portion of )
Roanoke Avenue, S.W., adjacent to Burks Street )AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
20th day of June, 2003, notices of a public hearing to be held on the 17th day of July,
2003, on the rezoning captioned above to the owner or agent of the parcels listed below
at their last known address:
Parcel
Owner's Name
Norfolk Southern Corporation
Neighborhood Contacts:
Mailin~
110 Franklin Road, SW
Roanoke, VA 24011
Peggy Blankenship
Norwich Neighborhood Alliance
2316 Russell Avenue, SW
Roanoke, VA 24015
Sue Snelling
2230 Charlevoix Court
Roanoke, VA 24015
Lisa Graham
2230 Roanoke Avenue SW
Roanoke, VA 24015
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 20~ day of June, 2003.
Notary Public
My Commission Expires: ' o,O ~c~ ~ --O~7
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02181287
Roanoke/Burks
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the followin9
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
_~__'~___day of Aught 2003. Witness my hand and
PUBLISHED ON: 08/01 08/08
TOTAL COST: 216.20
FILED ON: 08/12/03
NO~E M I~UC IE.WlI~
~e C~un¢# of the C~y of
Authorized
Signature:
Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing on Monday, August 18, 2003,
at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., on an application to close by barricade,
subject to certain conditions, the following public right-of-way:
That portion of Roanoke Avenue, S.W., adjacent to Burks Street, continuing back to
the Norfolk and Southern rail tracks.
A copy of this proposal is available for public inspection in the Office of the City Clerk,
Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
If you are a person with a disability who needs accommodations for this public hearing,
contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, August 14, 2003.
GIVEN under my hand this 24th. day of July
,2003.
Mary F. Parker, City Clerk.
H:/NOT[CES/N STCLOS-RKE AVE0$2103 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, August 1, 2003, and once on Friday, August 8, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lerk~¢i.roanok¢.va. us
July 25, 2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Samuel N. Winkler
Akzo Nobel Coatings, Inc.
2837 Roanoke Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Winkler:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
August 18, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Akzo Nobel Coatings, Inc., that a portion of
Roanoke Avenue, S. W., adjacent to Burks Street, S. W., be permanently closed by
barricade.
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the August 18
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
H:\PH - Corres - 2003~Aug, 18, 2003 PH corres.wpd
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
July 25, 2003
File #28-32-51-166-373-468
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
The following matters have been advertised for public hearing on Monday, August 18,
2003, at 7:00 p.m., in the City Council Chamber:
(1)
Request of Roanoke Country Club, Inc., and Scott Robertson Memorial Fund, a
Virginia Non-Stock Corporation, that a 15-foot right-of-way, extending in a
northeasterly direction from the northerly boundary of Densmore Road, N. W., be
permanently vacated, discontinued and closed.
(2)
Request of Akzo Nobel Coatings, Inc., that a portion of Roanoke Avenue, S. W.,
adjacent to Burks Street, be permanently closed by barricade.
(3)
Proposed amendment of §36.1-25, Definitions §36.1-206, Permitte~),
§36.1-207, Special exception uses (C-2~ §36.1-227, Permitted uses (C-3) §36.1-
228, Special exception uses (C-3), §36.1-249, ~), §36.1-250,
Special exception uses (LM), §36.1-270, Permitted uses (HM), §36.1-271, Special
exception uses H~), and §36.1-435, Parking of commercial vehicles, of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, said
amendments pertaining to towing and wrecker services, general service
establishments and motor vehicle sales lots.
H:\PH -Corres - 2003~Aug. 18, 2003 - Let to Ci Council.wpd
The Honorable Mayor and Members
of the Roanoke City Council
July 25, 2003
Page 2
(4)
Proposed amendment of §36.1-693, Notice of hearing, by deleting the requirement
of erecting signs when a proposed amendment affects more than twenty-five (25)
parcels, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as
amended.
With kindest personal regards, I am
Sincerely,
PParMCMary F.
City Clerk
MFP:snh
Enclosure
pc:
Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Wiilard N. Claytor, Director, Real Estate Valuation
William M. Hackworth, City Attorney, transmitted electronically by e-mail
Steven J. Talevi, Assistant City Attorney
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
Stephanie M. Moon, Deputy City Clerk
Sharon A. Mougin, Executive Secretary, City Manager's Office, transmitted
electronically by e-mail
H:\PH - Cortes - 2003~Aug. 18, 2003 - Let to Ci Council.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOI ,
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk(~ci.roanoke.va~us
July 25, 2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Peggy Blankenship
Norwich Neighborhood Alliance
2316 Russell Avenue, S. W.
Roanoke, Virginia 24015
Ms. Lisa Graham
2230 Roanoke Avenue, S. W.
Roanoke, Virginia 24015
Ms. Sue Snelling
2230 Charlevoix Court, S. W.
Roanoke, Virginia 24015
Dear Ladies:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
August 18, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Akzo Nobel Coatings, inc., that a portion of
Roanoke Avenue, S. W., adjacent to Burks Street, S. W., be permanently closed by
barricade.
The City Planning Commission is recommending that Council approve the request. If you
would like to receive a copy of the report of the City Planning Commission, please call the
City Clerk's Office at 540-853-2541.
H:\PH - Corres - 2003~Aug. 18, 2003 PH corres.wpd
Interested Property Owner and/or
Adjoining Property Owner
July 25, 2003
Page 2
This letter is provided for you r information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
Mary F. Parker, CMC
City Clerk
MFP:mh
H:\PH - Corres - 2003~Aug. 18, 2003 PH corres.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOIx'F,
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) $53-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va~us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
June 6, 2003
File #514
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 30-14, Code of the City of Roanoke (1979), as amended, I am
enclosing copy of a petition received in the City Clerk's Office on June 5, 2003, from Akzo
Nobel Coatings, Inc., requesting that a portion Roanoke Avenue, S. W., beginning at Burks
Street, S. W., and continuing back to the Norfolk and Southern rail tracks, be permanently
closed by barricade.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosures
N:\CKMHl\Rezonings - Street. Alley Closings.03~Akzo Nobel Coatings, Inc. Barficade.wpd
Robe~ B. Manetta
June 6,2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Samuel N. Winkler, Akzo Nobel Coatings, Inc., 2837 Roanoke Avenue, S. W.,
Roanoke, Virginia 24014
Darlene L. Burcham, City Manager q
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
N:\CKMHlhRezonings - Street.Alley Closings.03~Akzo Nobel Coatings, Inc.Barricade.wpd
AKZO NOBEL
Coatings Division
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
RE: Petition to close by barricade
Application of Akzo Nobel Coatings Inc. for closure by barricade of
Roanoke Avenue adjacent to Burks Street as shown by the map.
MEMBERS OF COUNCIL:
Akzo Nobel Coatings Inc., applies to have Roanoke Avenue S.W. adjacent
to Burks Street, in the City of Roanoke, Virginia, permanently closed by
barricade pursuant to Virginia Code Section 15.2-2006 and Section 30-14,
Code of the City of Roanoke (1979) as amended. This street is more
particular described on the map attached and as follows:
Section of Roanoke Avenue S.W. beginning at Burks Street continuing back
to the Norfolk and Southern rail tracks. This section of Roanoke Avenue is
tmpaved and has no additional adjoining property owners.
Akzo Nobel Coatings Inc. states that the grounds for this application are as
follows:
The only landowner who needs access to this street would be
Norfolk and Southern to reach their tracks. Access would be
granted to Norfolk and Southern.
The Roanoke Police Department in compiling site security
recommendations have suggested Akzo Nobel Coatings petition to
close the section of Roanoke Avenue stated.
Akzo Nobel Coatings Inc. intends to gate the street and place a
Guard Shack adjacent to the gate. This has been discussed with
Norfolk and Southem Railroad. They were informed they would
have access. Norfolk and Southern are in agreement with this.
Akzo Nobel Coatings Inc.
2857 Roanoke Ave., S.W.
P.O. BOX 4627
Roanoke, VA 24015-0627
Tel. (540) 982-8501
FAX (540) 543-3863
Akzo Nobel intends to pave the closed section in compliance with
City paving standards. This will enable Akzo Noble Coatings to
more effectively implement the Stormwater Pollution Prevention
Control Plan as required by the Federal Government.
WHEREFORE, Akzo Nobel Coatings Inc. respectfully requests that the
above-described street be closed by barricade by the Council of the City of
Roanoke, Virginia, in accordance with Virginia code Section 15.2-2006 and
Section 30-14, Code of the city of Roanoke (1979), as amended.
Respectfully submitted,
Samuel N. Winkler
May30,2003
Akzo Nobel Coatings Inc.
2837 Roanoke Avenue S.W.
Roanoke, VA
(540) 855-3302
Nor?olk Southern 5~O-9B1-440B
Nodolk Southern Corporation
110 Franklin Road, S.E.
Roanoke, Virgin|a 24~42-0053
540/981-4476
Fax: 540/961-4880
Supe~ttendent
June 2, 2003
File: 425
Mr. Sam Winkler
Azko -Nobel
2837 Roanoke Avenue SW
Roanoke, VA 24015
Dear Mr. Winlder:
Reference your request via telephone of June 2, 2003, regarding petition to barricade
Roanoke Avenue, at the end of pavement, where Roanoke Avenue becomes a dirt road,
with a gate, in order to secure your property.
Norfolk Southern would be agreeable to a gate barricade, as long as it would contain a
double lock system, whereby you would have a lock and Norfolk Southern would have a
lock. We would requir~ an NS lock, in that we sometimes change crews at this point and
on occasion use extra employees, rather than a red;lar assigned crew, and by having an
NS lock, then NS employees would have a key. This would eliminate us having to have
designated individuals to unlock the gate.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKF
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lerk@ci.roanok¢.va.us
August 25, 2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Alton B. Prillaman, Attorney
3912 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Prillaman:
I am enclosing copy of Ordinance No. 36462-081803 permanently vacating, discontinuing
and closing a 15-foot right-of-way, extending in a northeasterly direction from the northerly
boundary of Densmore Road, N. W.; and dispensing with the second reading by title of the
ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:ew
Enclosure
Alton B. Prillaman
August25,2003
Page 2
pc:
Roanoke Country Club, 3360 Country Club Drive, N. W., Roanoke, Virginia 24017
Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Susan S. Lower, Acting Director of Real Estate Valuation
Steven J. Talevi, Assistant City Attorney
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of August, 2003.
I1o. 36462-081803.
AN ORDINANCE permanently vacating, discontinuing and closing a certain public
right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and
dispensing with the second reading of this ordinance.
WHEREAS, the Roanoke Country Club, Inc., and Scott Robertson Memorial Fund, a
Virginia Non-Stock Corporation, filed an application to the Council of the City of Roanoke,
Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue
and close the public right-of-way described hereinafter; and
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after
having conducted a public hearing on thematter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held on such application by the City Council on
August 18, 2003, after due and timely notice thereof as required by §30-14, Code of the City
of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on such application; and
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closing of the subject public right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no inconvenience
will result to any individual or to the public from permanently vacating, discontinuing and
closing such public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that a fifteen foot public right-of-way, extending in a northeasterly direction from the
northerly boundary of Densmore Road, N.W., between Official Tax Nos. 2670906 and
2671005 more particularly described as follows:
Beginning at Comer No. 5 property of the Scott Robertson Memorial Fund
map prepared by T. P. Parker & Son dated Dec. 6, 2002, at an iron pin on
Densmore Road, N.W., thence with the property of Scott Robertson Memorial
Fund and the northerly side of a roadway, N. 77° 30' 40" E., 263.09 feet to
Comer No. 4; thence leaving the property of the Scott Robertson Memorial
Fund and with the property of the Roanoke Country Club, Tax No. 2671005,
S. 19° 39' 40" W, 13.33 feet to Comer "C"; thence continuing with the
property of the Roanoke Country Club, S. 77° 30' 40" W., 225.87 feet to
Comer "B" on Densmore Road, N.W.; thence with the northerly line of
Densmore Road, N.W., N. 81° 57' 23" W., 32.17 feet to the place of
BEGINNING, containing 0.063 Acre, more or less
be, and is hereby permanently vacated, discontinued and closed, and that all right and interest
of the public in and to the same be, and hereby is, released insofar as the Council of the City
of Roanoke is empowered so to do with respect to the closed portion of the right-of-way,
reserving however, to the City of Roanoke and any utility company, including, specifically,
without limitation, providers to or for the public of cable television, electricity, natural gas or
telephone service, an easement for sewer and water mains, television cable, electric wires,
gas lines, telephone lines, and related facilities that may now be located in or across such
public right-of-way, together with the right of ingress and egress for the maintenance or
replacement of such lines, mains or utilities, such right to include the right to remove,
without the payment of compensation or damages of any kind to the owner, any landscaping,
fences, shrubbery, structure or any other encroachments on or over the easement which
impede access for maintenance or replacement purposes at the time such work is undertaken;
such easement or easements to terminate upon the later abandonment of use or permanent
removal from the above-described public right-of-way of any such municipal installation or
other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision
Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for
the City ofRoanoke, a subdivision plat, with such plat combining all properties which would
otherwise be landlocked by the requested closure, or otherwise disposing of the land within
the right-of-way to be vacated in a manner consistent with law, and retaining appropriate
easements, together with the right of ingress and egress over the same, for the installation and
maintenance of any and all existing utilities that may be located within the right-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the
City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are
recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke,
Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in
interest who may so request, as Grantees, and pay such fees and charges as are required by
the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
3
where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met within
a period of twelve (12) months from the date of the adoption of this ordinance, then such
ordinance shall be null and void with no further action by City Council being necessary.
BE IT FINALLY ORDAINED that 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.
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning(~ci.roanoke.va.us
August 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from Roanoke Country Club, Inc. and Scott Robertson
Memor a Fund, a Virginia Non-Stock Corporation, represented by
Alton B. Prillaman, attorney, that a 15-foot right-of-way, extending
in a northeasterly direction from the northerly boundary of
Densmore Road, N.W., be permanently vacated, discontinued and
closed.
Planning Commission Action:
Planning Commission hearing was held on Thursday, July 17, 2003. By a vote
of 6-0 (Mr. Butler absent), the Commission recommended approval of the request.
Background:
Scott Robertson Memorial Fund petitioned the City in April 2002, to allow for the
lease of a portion of Eastgate Park to be used for its First Tee Junior Golf Program.
Planning Commission public hearing was held on April 18, 2002, and City Council
approved the request in a public hearing on May 20, 2002. The Council (and
Commission) determined that the use of a portion of East Gate Park for a First Tee Golf
Program was substantially in accord with Vision 2001-2020, the City's comprehensive
plan.
Scott Robertson Memorial Fund has since discontinued its plans to have the
First Tee Junior Golf Program at Eastgate Park, and is now planning to establish it on
property adjacent to the Roanoke Country Club at the eastern end of Densmore Road,
N.W. Scott Robertson Memorial Fund plans to lease property from the Roanoke
Country Club and combine it with its property on Official Tax Map Number 2670906 to
run the program. Since the subject portion of right-of-way lies in between properties
owned by Scott Robertson Memorial Fund and the Roanoke Country Club, the two plan
to split the vacated property evenly.
Mr. Chrisman commented that he thought the herein proposed location of the
First Tee Program was better than the previous request to use Eastgate Park. There
were no other comments or questions from the Planning Commission.
Considerations:
The properties adjoining the subject portion of right-of-way are all zoned RS-3,
Residential Single Family, High Density District. The grounds of the Roanoke Country
Club surround the subject portion of right-of-way along with the parcel owned by Scott
Robertson Memorial Fund, Official Tax Map Number 2670906. Westside Elementary
School for the Performing and Visual Arts lies to the west.
City sewer and water serve the area. Staff received comments from Verizon,
AEP and Roanoke Gas. All stated no objection to the request as no facilities are
located within this right-of-way.
The subject portion of right-of-way extends from Densmore Road for
approximately 239 feet, and is only 15 feet wide. Densmore Road is an improved street
that dead ends approximately 550 feet east of the subject portion of right-of-way. All
parcels along Densmore Road have access via the improved portion of that street.
Closure of the subject portion of right-of-way would not prohibit any future access to any
properties.
Recommendation:
The Planning Commission recommended approval of petitioner's request to
vacate, discontinue and close the subject portion of right-of-way, subject to the
conditions listed below and does not recommend that the petitioner be charged for this
piece of property.
The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and record the
plat with the Clerk of the Circuit Court for the City of Roanoke. Said
plat shall combine all properties which would otherwise dispose of the
land within the right of way to be vacated in a manner consistent with
law, and retain appropriate easements for the installation and
maintenance of any and all existing utilities that may be located within
the right-of-way, including the right of ingress and egress.
Upon meeting all other conditions to the granting of the application, the
applicant shall deliver a certified copy of this ordinance for recordation
to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the
same in the name of the City of Roanoke, Virginia, as Grantor, and in
the name of the petitioner, and the names of any other par[les in
interest who may so request, as Grantees. The applicant shall pay
such fees and charges as are required by the Clerk to effect such
recordation.
Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicant shall file
with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
If the above conditions have not been met within a period of one year
from the date of adoption of this ordinance, then said ordinance shall
be null and void with no further action by City Council being necessary.
CC;
Respectfully submitted,
Robert B. Marietta, Chairman
Roanoke City Planning Commission
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Alton B. Prillaman, Attorney for the petitioner
IN THE COUNCIL OF THE CITY
IN RE:
Application of ROANOKE
COUNTRY CLUB, INCORPORATED
and SCOTT ROBERTSON MEMORIAL
FUND, a Virginia Non-Stock
Corporation
OF ROANOKE, VIRGINIA
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF UNOPENED RIGHT-OF-WAY
ROANOKE COUNTRY CLUB, INCORPORATED and SCOTT ROBERTSON
MEMORIAL FUND, a Virginia non-stock corporation, appliesl for
vacation of a paper 15-foot right-of-way containing 0.063 acre
extending from the northerly boundary of Densmore Road i~ a
northeasterly direction. This right-of-way is more particularly
described on the map attached and as follows:
Beginning at Corner No. 5 property of the Scott Robertson
Memorial Fund map prepared by T. P. Parker & Son dated Dec.
6, 2002, at an iron pin on Densmore Road, N.W., thence with
the property of Scott Robertson Memorial Fund and the
northerly side of a roadway, N. 77030'40'' E., 263.09 feet to
Corner No. 4; thence leaving the property of the Scott
Robertson Memorial Fund and with the property of the Roanoke
Country Club, Tax No. 2671005, S. 19039'40'' W., 13.33 feeq to
Corner "C"; thence continuing with the property of the
Roanoke Country Club, S. 77°30'40'' W., 225.87 feet to Corner
"B" on Densmore Road, N.W.; thence with the northerly line of
Densmore Road, N.W., N. 81057'23'' W., 32.17 feet to the place
of BEGINNING, containing 0.063 Acre, more or less.
The grounds for the application are as follows:
The 15-foot right-of-way serves no properties other than the
property of the Petitioners. Each of said parties is in agreement
for the vacation of this right-of-way. No additional properties
can be served by this right-of-way.
WHEREFORE, ROANOKE COUNTRY CLUB, INCORPORATED and SCOTT
ROBERTSON MEMORIAL FUND, a Virginia non-stock corporation,
respectfully request that the above-described right- of -way be
vacated by the Council of the City of Roanoke, Virginia, in
accordance with Virginia Code Section 15.2-2006 and Section 30-14,
Code of the City of Roanoke (1979), as amended.
Respectfully submitted,
ROANOKE COUNTRY CLUB, INCORPORATED
and
SCOTT ROBERTSON MEMORIAL FUND,
a Virginia non-stock corporation
By:
~lton B. Prlllaman
Counsel for Petitioners
CONTACT:
Alton B. Prillaman, Esquire
3912 Electric Road, S.W.
Roanoke, VA 24018
Phone: (540)725-8188
Fax: (540) 772-0126
ADJOINING PROPERTY OWNER LISTING
IN RE:
Application of ROANOKE COUNTRY CLUB, INCORPORATED and
SCOTT ROBERTSON MEMORIAL FUND, a Virginia Non-Stock
Corporation, for vacation of an unopened 15-foot right
way containing 0.063 acre extending from the northerly
boundary of Densmore Road.
of
ADJOINING PROPERTY OWNERS
This list as follows are
beside, behind or across
noted above:
Official Tax Number
2670901
2670902
2671005
those property owners who own proper~y
the street from the subject property]
CITY OF ROANOKE
Owner's Name and Mailing Address
City of Roanoke
City Attorney's Office
464 Municipal Building
215 W. Church Avenue, SW
Roanoke, VA 24011
Roanoke Country Club
3360 Country Club Drive,
Roanoke, VA 24017
Roanoke Country Club
3360 Country Club Drive,
Roanoke, VA 24017
Respectfully submitted,
ROANOKE COUNTRY CLUB, INCORPORATED
and
SCOTT ROBERTSON MEMORIAL FUND,
a Virginia non-stock corporation
Alton B. Prillaman
Counsel for Petitioners
1
CONTACT:
Alton B. Prillaman, Esquire
3912 Electric Road, S.W.
Roanoke, VA 24018
Phone: (540)725-8188
Fax: (540) 772-0126
~hl
2670901
2671001
Densmore Rd, NW
2670906 2670902
50
08 2671005
Subject
Property
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
NATT, EDWARD, ATTY.
PO BOX 20487
ROANOKE VA 24018
REFERENCE: 80066680
02181475
Densmore Rd.
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virq~ia. Sworn and subscribed before me this
_~__~___~ay of August 2003. Witness my hand and
M~/~ ommf s s i o n exp i r e s 5--~5_~_Z~_~___~-- .
PUBLISHED ON: 08/01 08/08
TOTAL COST: 243.80
FILED ON: 08/12/03
Authorized
Signature:
_, Billing Services
Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing on Monday,
August 18, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on
an application to permanently abandon, vacate, discontinue and close, to the extent the City
has any legal interest in such public fight-of-way, the following public right-of-way:
A 15 foot tight-of-way, extending in a northeasterly direction from the
northerly boundary of Densmore Road, N.W., between Official Tax Nos.
2670906 and 2671005.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question.
If you are a person with a disability who needs accommodations for this public
heating, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, August 14,
2003.
GIVEN under my hand this 24th. day of July
.,2003.
Mary F. Parker, City Clerk.
H:/NOT1CEShN ST CLOS-DENS MOiKEKD081803 DOCDe~moreRD081803
Notice to Publisher:
Publish in the Roanoke Times once on Friday, August 1, 2003, and once on Friday, August 8, 2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Alton B. Prillaman, Esquire
3912 Electric Road, S.W.
Roanoke, Virginia 24018
(540) 725-8188
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) $53-2541
Fax: (540) 853-1145
E-mail: clerk~¢i.roanoke.va.us
July 25, 2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Alton B. Prillaman, Esquire
3912 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Prillaman:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
August 18, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Roanoke Country Club, Inc., and the Scott
Robertson Memorial Fund, that a 15-foot alley, containing 0.063 acre, extending from the
northerly boundary of Densmore Road, N. W., in a northeasterly direction, be permanently
vacated, discontinued and closed.
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the August 18
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:snh
Enclosure
H:\PH - Corres - 2003~Aug. 18, 2003 PH corres.wpd
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, July 17, 2003, at 1:30 p.m., or as soon as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W.:
Request from Roanoke Country Club Inc., and Scott Robertson Memorial Fund,
a Virginia Non-Stock Corporation, represented by Alton B. Prillaman, attorney, that a
15-foot right-of-way, extending in a northeasterly direction from the northerly
boundary of Densmore Road, N.W., be permanently vacated, discontinued and
closed
A copy of the application is available for review in the Departmen~ of Planning
Building and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard
on the matter. If you are a person who needs accommodations for this hearing, please
contact the Department of Planning Building and Development at 853-1730 before
12:00 noon on the Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, July 1 and 8, 2003
Please charge to
Alton B, Prillaman, Esquire
3912 Electric Road, SW
Roanoke, VA 24018
(540) 725-8188
Please send affidavit of publication to:
Martha P. Franklin
Department of Planning Building & Development
Room 166, Municipal Building
215 Church Avenue, S.W., Roanoke, VA 24011
('540) 853-1730
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOK'E
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk~ci.roanoke.va.us
June 5,2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees
therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of
an application received in the City Clerk's Office on June 4, 2003, from Alton B. Priliaman,
Attorney, representing the Roanoke Country Club, Inc., and the Scott Robertson Memorial
Fund, requesting that a 15-foot alley, containing 0.063 acre, extending from the northerly
boundary of Densmore Road, N. W., in a northeasterly direction, be permanently vacated,
discontinued and closed.
MFP:mh
Enclosures
Sincerely,
Mary F. Parker, CMC
City Clerk
N:\CKMH I ~.ezonings - Street. Alley CIosings.O3~Roanoke Country Club, Inc., and Scoil Robertson Memorial Fund.alley closing.wpd
Robe~ B. Manetta
June 5,2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Alton B. Prillaman, Attorney, 3912 Electric Road, S. W., Roanoke, Virginia 24018
Darlene L. Burcham, City Manager
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
N:\CKMH 1 ~Rezonings - Sireet. AIIey Closings.03hV, oanoke Country Club, Inc., and Scott Robertson Memorial Fund.alley closing.wpd
IN THE COUNCIL OF THE CITY
IN RE:
Application of ROANOKE
COUNTRY CLUB, INCORPORATED
and SCOTT ROBERTSON MEMORIAL
FUND, a Virginia Non-Stock
Corporation
OF ROANOKE, VIRGINIA
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF UNOPENED RIGHT-OF-WAY
ROANOKE COUNTRY CLUB, INCORPORATED and SCOTT ROBERTSON
MEMORIAL FUND, a Virginia non-stock corporation, applies for
vacation of a paper 15-foot right-of-way containing 0.063 acre
extending from the northerly boundary of Densmore Road in a
northeasterly direction. This right-of-way is
described on the map attached and as follows:
more particularly
Beginning at Corner No. 5 property of the Scott Robertson
Memorial Fund map prepared by T. P. Parker & Son dated Dec.
6, 2002, at an iron pin on Densmore Road, N.W., thence with
the property of Scott Robertson Memorial Fund and the
northerly side of a roadway, N. 77030'40'' E., 263.09 feet to
Corner No. 4; thence leaving the property of the Scott
Robertson Memorial Fund and with the property of the Roanoke
Country Club, Tax No. 2671005, S. 19039'40'' W., 13.33 feet to
Corner "C"; thence continuing with the property of the
Roanoke Country Club, S. 77030'40'' W., 225.87 feet to Corner
"B" on Densmore Road, N.W.; thence with the northerly line of
Densmore Road, N.W., N. 81057'23'' W., 32.17 feet to the place
of BEGINNING, containing 0.063 Acre, more or less.
The grounds for the application are as follows:
The 15-foot right-of-way serves no properties other than the
property of the Petitioners. Each of said parties is in agreement
for the vacation of this right-of-way. No additional properties
can be served by this right-of-way.
WHEREFORE, ROANOKE COUNTRY CLUB, INCORPORATED and SCOTT
ROBERTSON MEMORIAL FUND, a Virginia non-stock corporation,
respectfully request that the above-described right- of -way be
vacated by the Council of the City of Roanoke, Virginia, in
accordance with Virginia Code Section 15.2-2006 and Section 30-14,
Code of the City of Roanoke (1979), as amended.
Respectfully submitted,
ROANOKE COUNTRY CLUB, INCORPORATED
and
SCOTT ROBERTSON MEMORIAL FUND,
a Virginia non-stock corporation
By:
~lton B. Prillaman
Counsel for Petitioners
CONTACT:
Alton B. Prillaman, Esquire
3912 Electric Road, S.W.
Roanoke, VA 24018
Phone: (540)725-8188
Fax: (540) 772-0126
2
ADJOINING PROPERTY OWNER LISTING
IN RE:
Application of ROANOKE COUNTRY CLUB, INCORPORATED and
SCOTT ROBERTSON MEMORIAL FUND, a Virginia Non-Stock
Corporation, for vacation of an unopened 15-foot right of
way containing 0.063 acre extending from the northerly
boundary of Densmore Road.
ADJOINING PROPERTY OWNERS
This list as follows are those property owners who own property
beside, behind or across the street from the subject property
noted above:
CITY OF ROANOKE
Official Tax Number Owner's Name and Mailing Address
2670901
City of Roanoke
City Attorney's Office
464 Municipal Building
215 W. Church Avenue, SW
Roanoke, VA 24011
2670902
Roanoke Country Club
3360 Country Club Drive,
Roanoke, VA 24017
N.Wo
2671005
Roanoke Country Club
3360 Country Club Drive, N.W.
Roanoke, VA 24017
Respectfully submitted,
ROANOKE COUNTRY CLUB, INCORPORATED
and
SCOTT ROBERTSON MEMORIAL FUND,
a Virginia non-stock corporation
Alton B. Prillaman
Counsel for Petitioners
CONTACT:
Alton B. Prillaman, Esquire
3912 Electric Road, S.W.
Roanoke, VA 24018
Phone: (540)725-8188
Fax: (540) 772-0126
2
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
August 25, 2003
File #24-51-530
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36463-081803 amending and reordaining certain
sections of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended,
to better define and differentiate between certain interrelated land use activities that involve
towing services, wrecker services, new and used motor vehicle sales and service, and a
new and used commercial motor vehicle sales and service; and dispensing with the second
reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:ew
Attachment
Darlene L. Burcham
August25,2003
Page 2
pc:
The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable Francis W. Burkart, 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
Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia
24011
Mr. Leo Trenor, 3343 Preston Avenue, N. W., Roanoke, Virginia 24012
Mr. Ronnie Scaggs, Motor Parts Supply Co., Inc., 3527 Melrose Avenue, N. W.,
Roanoke, Virginia 24017
Mr. John Waldron, Shenandoah Auto Parts, Inc., 1901 Shenandoah Avenue,
N. W., Roanoke, Virginia 24017
Thomas A. Woods, President, Woods Towing and Recovery/Tanglewood Towing,
418 Washington Avenue, Vinton 24179
Robert R. Young, President, Robert Young's Auto and Truck, Inc., 210 Carver
Avenue, N. W., Roanoke, Virginia 24012
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
Rolanda B. Russell, Assistant City Manager for Community Development
Susan S. Lower, Acting Director of Real Estate Valuation
H:~Agenda,03~August 18. 2003 correspondence.wpd
Darlene L. Burcham
August25,2003
Page 2
pc:
Evelyn D. Dorsey, Zoning Administrator
Rebecca J. Cockram, Secretary, Board of Zoning Appeals
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to
Municipal Code Corporation)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of August, 2003.
bio. 36463-081803.
AN ORDINANCE amending and reordaining {}36.1-25, Definitions; subsections (26) and
(37) of §36.1-206, Permitted uses; subsection (5) of §36.1-207, Special exception uses; subsection
(26) of §36.1-227, Permitted uses; subsection (3) of §36.1-228, Special exception uses; subsection
(24) of §36.1-249, Permitted uses; subsection (8) of §36.1-250, Special exception uses; subsection
(11) of §36.1-270, Permitted uses; subsection (5) of §36.1-271, Special exception uses; §36.1-206,
§36.1-207, and §36.1-250, by deleting certain uses as permitted uses or uses by special exception;
and §36.1-435, Parking of commercial vehicles, and adding new subsections (51) and (52) of §36.1-
206, Permitted uses; subsections (28) and (29) of §36.1-249, Permitted uses; subsections (10) and
(11) of §36.1-250, Special exception uses; subsection (12) of §36.1-270, Permitted uses; and
subsection (6) of §36.1-271, Special exception uses, of Chapter 36.1, Zoning, of the Code of the City
of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 36.1-25, Definitions, of Chapter 36; 1, Zoning, of the Code of the City of
Roanoke (1979), as amended, be, and is hereby, amended and reordalned by deleting the definition
of"tow track operation," by adding the definitions of "buffer," "commercial motor vehicle," "new
commercial motor vehicle sales and service establishment," "used commercial motor vehicle sales
and service establishment," "new motor vehicle sales and service establishment," "used motor
vehicle sales and service establishment," "towing service," and "wrecker service," and by revising
the definition of"general service establishment," to read and provide as follows:
08/20103
Sec. 36.1-25. Definitions.
For the purpose of this chapter, certain terms and words used herein shall be defined as
follows:
Buffer: An area of natural or planted vegetation adjoining or surrounding a land
use and unoccupied in its entirety by any building, structure, paving or portion of
such land use, for the purposes of screening the effects of the land use, no part of
which buffer is used for recreation or parking.
Commercial motor vehicle: Any motor vehicle or trailer used, designed or
maintained for the transportation of persons or property for compensation or profit,
and which is one of the following types of vehicles: trucks, tractor cabs, farm
tractors, construction equipment, motor passenger buses (excluding school buses
currently used by a public or private institution of learning), trailers, semi-trailers,
taxis, limousines, tow trucks, dump trucks, roll back tow trucks, flatbed trucks, or
step vans, but not including vans, pickup trucks, and panel trucks.
Commercial motor vehicle sales and service establishment, new: An establishment
which engages in only the sale or lease of new and used commercial motor vehicles,
the performance of any repair or maintenance work of such commercial motor
vehicles, and financial services conducted as an accessory use to the establishment.
Commercial motor vehicle sales and service establishment, used: An establishment
whose activities include the display of used commercial motor vehicles for sale or
lease, or the performance of any repair or maintenance work of used commercial
motor vehicles, but whose activities do not include the sale or lease of new
commercial motor vehicles.
General service establishment: A place of business primarily engaged in the repair
or maintenance of household or commercial goods, including appliances, computers,
office equipment and autcmcb'.'!¢; motor vehicles and trailers.
08/20/03
Motor vehicle sales and service establishment, new: An establishment whose
activities include the sale or lease of new and used motor vehicles or trailers, and
new and used commercial motor vehicles not exceeding 26, O00 pounds empty gross
weight, the performance of any repair or maintenance work of such motor vehicles
and commercial motor vehicles, and financial services conducted as an accessory
use to the establishment.
2
Motor vehicle sales and service establishment, used: An establishment which
engages in only the display of three or more used motor vehicles or trailers for sale
or lease, and may engage in the repair or maintenance of such motor vehicles or
trailers, but does not engage in the sale, lease, repair or maintenance, of commercial
motor vehicles.
Towing service: ,,tn establishment whose activities include the recovery, removal
and temporary storage of motor vehicles or trailers, but does not include the
dismantling, demolition, repair, or salvage of such motor vehicles or trailers, or any
part of such motor vehicles or trailers.
Wrecker service: An establishment whose activities include the recovery, removal
and temporary storage of inoperative or damaged motor vehicles or trailers for
dismantling, demolition, repair, salvage, or sale of such inoperative or damaged
motor vehicles or trailers, or part of such motor vehicles or trailers, but whose
activities do not include the sale of gasoline or the sale of new motor vehicles or
trailers.
2. Section 36.1-206, Permitted uses, of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, be, and is hereby, amended and reordained by amending subsection
(26) to permit general service establishments to repair and sell motor vehicles or trailers under
certain circumstances, by amending subsection (37) by substituting "new motor vehicle sales and
service establishments" for establishments primarily engaged in the sale or rental of certain motor
vehicles under certain circumstances as a permitted use, by adding a new subsection (51) "used
motor vehicle sales and service establishments" under certain circumstances, by adding a new
08/20/03
3
subsection (52) "towing services," as permitted uses in the C-2, General Commercial District, and by
repealing subsection (40), to read and provide as follows:
Section 36.1-206. Permitted uses.
The following uses shall be permitted as principal uses in the C-2 district:
(26) Generalserviceestablishments, providedthat:
but nc: any such establishments primarily engaged in the repair or
maintenance of ..................................... .~v...~nt, motor
vehicles or trailers shall be limited to the incidental sale of up to five
(5) repaired or rebuilt motor vehicles or trailers within one calendar
year at that location, although the sale of repaired or rebuilt motor
vehicles or trailers for the purpose of satisfying a lien for services
rendered or parts supplied shall not be included in the total of such
permitted incidental sales;
aH repair or maintenance activities shah occur in a wholly enclosed
building; and t~ ................ ~- ............................. g~
no repair or maintenance activities shall include the repair or
maintenance of commercial motor vehicles or any motor vehicle or
trailer painting or body repair.
maintenance cfvehic!c: whcro N~ motor vehicle sales and se~ice establishments,
provided the lot ~ea ~for this use is no less ~ ....... ~ ........ ~ nam
for~ thomand (40,000 squ~e feet.
A'.:tcmcbi!c rcpc~r ...................... *~, r ....... ~, ...... j .... ps.
08/20/03
(51) Used motor vehicle sales and service establishments, provided the lot
area for this use is no less than ten thousand (10,000) square feet.
(52) Towing services, provided that:
4
(a) The lot area contains a minimum of twenty thousand (20,000)
square feet;
There shall be no outdoor storage of any damaged or inoperative
motor vehicles or trailers for a period exceeding one hundred
twenty (120) calendar days, unless documentation is provided that
is satisfactory to the Zoning Administrator evidencing that such a
damaged or inoperative motor vehicle or trailer is the subject of an
on-going law enforcement or insurance investigation or is the
subject ora proceeding being pursued as expeditiously as possible
by the towing service pursuant to section 43-34 of the Code of
Virginia (1950), as amended; and
The storage area for any damaged or inoperative motor vehicles or
trailers shall be screened from view from adjacent properties and
public streets by the installation of an eight (8)foot tall, solid fence
with a minimum two (2)foot wide buffer to screen the base of the
fence along any lot frontage.
3. Section 36.1-207, Special exception uses, C-2, General Commercial District, of
Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, be, and is hereby,
amended and reordained by repealing subsection (4) and by amending subsection (5) by substituting
"motor vehicle or trailer" for "automobile," to read and provide as follows:
Section 36.1-207. Special exception uses.
The following uses may be permitted in the C-2 district by special exception granted by the
board of zoning appeals subject to the requirements of this section:
(5) A~:tcmob~!c Motor vehicle or trailer painting and body shops, provided that there
shall be no outdoor storage of damaged m:tcmobi!c: motor vehicles or trailers, equipment,
.... parts or other materials.
08/20/03
5
4. Section 36.1-227, Permitted uses, of Chapter 36. I, Zoning, of the Code of the City of
Roanoke (1979), as amended, be, and is hereby, amended and reordained by amending subsection
(26) to provide for "general service establishments," in the C-3 District, to read and provide as
follows:
Section 36.1-227. Permitted uses.
The following uses shall be permitted as principal uses in the C-3 district:
(26) General service establishments, but nctprovided that no such establishments
p~marily shall engaged in the repair or maintenance of ' ,
motor vehicles or trailers.
5. Section 36.1-228, Special exception uses, C-3, Central Business District, of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended
and reordained by amending subsection (3) to permit "new motor vehicle sales and service
establishments" as a use permitted by special exception in the C-3 District, to read and provide as
follows:
36.1-228. Special exception uses.
The following uses may be permitted in the C-3 District by special exception granted by the
board of zoning appeals, subject to the requirements of this section:
(3) New motor vehicle sales and service t3establishments ~
6. Section 36.1-249, Permitted uses, of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, be, and is hereby, amended and reordained by amending subsection
(24) to require that general service establishments which repair motor vehicles or trailers do so only
08/20/03
6
in a wholly enclosed building, and by adding "new commercial motor vehicle sales and service
establishments," and "towing services," under certain circumstances, as permitted uses in the LM
district, to read and provide as follows:
§36.1-249. Permitted uses.
The following uses shall be permitted as principal uses in the LM district:
(24) General service establishments, provided that:
any such establishment primarily engaged in the repair or
maintenance of geed: cr '.'tam: including autcmcS'.'!c:, motor vehicles
or trailers shall be limited to the incidental sale of up to five (5)
repaired or rebuilt motor vehicles or trailers within one calendar
year at that location, although the sale of repaired or rebuilt motor
vehicles or trailers for the purpose of satisfying a lien for services
rendered or parts supplied shall not be included in the total of such
permitted incidental sales;
~ repair or maintenance activities ~ shall occur
in a wholly enclosed in a building; and ~ ................ ~,. ...... ,~
no repair or maintenance activities shall include motor vehicle or
trailer painting or body repair.
08/20/03
(28) New commercial motor vehicle sales and service establishments, provided the
lot area for the use contains a minimum of twenty thousand (20, 000) square feet.
(29) Towing services, provided that:
The lot area contains a minimum of twenty thousand (20, 000) square
feet;
There shah be no outdoor storage of any damaged or inoperative
motor vehicles or trailers for a period exceeding one hundred twenty
(120) calendar days, unless documentation is provided that is
satisfactory to the Zoning Administrator evidencing that such a
damaged or inoperative motor vehicle or trailer is the subject of an
7
on-going law enforcement or insurance investigation or is the subject
of a proceeding being pursued as expeditiously as possible by the
towing service pursuant to section 43-34 of the Code of Virginia
(1950), as amended; and
The storage area for any damaged or inoperative motor vehicles or
trailers shall be screened from view from adjacent properties and
public streets by the installation of an eight (8)foot tall, solid fence
with a minimum two (2)foot wide buffer to screen the base of the
fence along any lot frontage.
7. Section 36.1-250, Special exception uses, of Chapter 36.1, Zoning, of the Code of
the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by deleting
subsections (3) and (6), and by amending subsection (8) by substituting"motor vehicle or trailer" for
"automobile," by adding "wrecker services" and "used commercial motor vehicle sales and service
establishments" as uses by special exception, to read and provide as follows:
Sec. 36.1-250. Special exception uses.
The following uses may be permitted in the LM district by special exception granted by the
board of zoning appeals, subject to the requirements of this section:
08/20/03
..... r ......... , v ........ hat.
(c)
............. Motor vehzcle or trader pmntmg and body repazr estabhshments,
provided:
8
(a)
(b)
(c)
(d)
The lot area contains a minimum of forty thousand (40,000) square
feet;
The minimum gross floor area of the building shall be not less than
fifteen thousand (15,000) square feet;
The outside storage area is accessory to a building on the same lot and
has a maximum area of no greater than eighty (80) percent of the
gross floor area of the building; and
The outdoor storage area is adequately screened fi.om view from
adjacent properties and public streets.
(1 O) Wrecker services, provided that:
The lot area contains a minimum of twenty thousand (20, 000) square
feet;
There shah be no storage o fa damaged or inoperative motor vehicle
or trailer outside a wholly enclosed building for more than one
hundred twenty (120) calendar days, unless documentation
satisfactory to the Zoning Administrator is provided that such a
damaged or inoperative motor vehicle or trailer is the subject of an
on-going law enforcement or insurance investigation or is the subject
of a proceeding being pursued as expeditiously as possible by the
wrecker service pursuant to section 43-34 of the Code of Virginia
(1950), as amended; and
The storage area for any damaged or inoperative motor vehicle or
trailer shah be screened from view from adjacent properties and
public streets by the installation of an eight (8)foot tall, solid fence
with a minimum two (2)foot wide buffer to screen the base of the
fence along any lot frontage; and
Notwithstanding subsection (b), any parts removed from a damaged
or inoperative motor vehicle or trailer shah be stored within a wholly
enclosed building.
(11) Used commercial motor vehicle sales and service establishment.
8. Section 36.1-270, Permitted uses, of Chapter 36.1, ~oning, of the Code of the City of
Roanoke (1979), as amended, be, and is hereby, amended and reordained by amending subsection
11 ' " ' · ,, · ·
( ) to reqmre that general service estabhshments which repmr motor vehicle or trailers do so only
08/20/03
9
in a wholly enclosed building, and by adding "towing services" as permitted uses in the HM District,
to read and provide as follows:
§36.1-270. Permitted uses.
The following uses shall be permitted as principal uses in the HM district:
08/20/03
(l 1) General service establishments p~mari!y, provided that:
establishments engaged in the repair or maintenance of ~, .... or
..... ~:~ ^r~,,~: ...... . ...... :'~'~ *~* a!! motor vehicles or
I-' .................... $.9., ICCo~ 1-' ...........
trailers shall be limited to the incidental sale of up to five (5)
repaired or rebuilt motor vehicles or trailers within one calendar
year at that location, although the sale of repaired or rebuilt motor
vehicles or trailers for the Purpose of satisfying a lien for services
rendered or parts supplied shall not be included in the total of such
permitted incidental sales; and
all repair or maintenance activities,, including painting and body
repair, shall occur in a wholly enclosed building; a,n~ ..... ~,~,~ ,~n,
(12) Towing services, provided that:
(a) The lot area contains a minimum of twenty thousand (20, 000) square
feet;
There shall be no outdoor storage of any damaged or inoperative
motor vehicles or trailers for a period exceeding one hundred twenty
(120) calendar days, unless documentation is provided that is
satisfactory to the Zoning Administrator evidencing that such a
damaged or inoperative motor vehicle or trailer is the subject of an
on-going law enforcement or insurance investigation or is the subject
of a proceeding being pursued as expeditiously as possible by the
towing service pursuant to section 43-34 of the Code of Virginia
(1950), as amende& and
The storage area for any damaged or inoperative motor vehicles or
trailers shah be screened from view from adjacent properties and
public streets by the installation of an eight (8)foot tall, solid fence
with a minimum two (2)foot wide buffer to screen the base of the
fence along any lot frontage.
10
9. Section 36.1-271, Special exception uses, of Chapter 36.1, Zoning, of the Code of the
City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by deleting
subsection (5) and by adding "wrecker services" as a use by special exception, to read and provide as
follows:
§36.1-271. Special exception uses.
The following uses may be permitted in the HM district by special exception granted by the
board of zoning appeals, subject to the requirements of this section:
08/20/03
t~'recker services, provided that:
(a) The lot area contains a minimum of twenty thousand (20, 000) square
feet;
There shah be no storage ora damaged or inoperative motor vehicle
or trailer outside a wholly enclosed building for more than one
hundred twenty (120) calendar days, unless documentation
satisfactory to the Zoning Administrator is provided that such
damaged or inoperative motor vehicle or trailer is the subject of an
on-going law enforcement or insurance investigation or is the subject
of a proceeding being pursued as expeditiously as possible by the
wrecker service pursuant to section 43-34 of the Code of Vb'ginia
(1950), as amended; and
The storage area for any damaged or inoperative motor vehicle or
trailer shall be screened from view from adjacent properties and
public streets by the installation of an eight (8)foot tall, solid fence
11
with a minimum two (2)foot wide buffer to screen the base of the
fence along any lot frontage; and
Notwithstanding subsection (3), any parts removed from damaged or
inoperative motor vehicles or trailers shall be stored within a wholly
enclosed building.
10. Section 36.1-435, Parking of commercial vehicles, of Chapter 36.1, Zoning, of the
Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by
revising the regulations pertaining to the parking of commercial motor vehicles in a residential
district, to read and provide as follows:
§36.1-435. Parking of commercial motor vehicles.
(a) No commercial motor vekicle orpanel truck excec~Lng
~, ........ t, ht shall be parked or left standing in a res~dentaal district for more than two
(2) hours at any time except for:
(3)
Vehicles belonging to or used by the occupant of a business premises,
when the business premises constitute a lawfully existing use.
Tow trucks and roll back tow trucks which are on call on the City's
towing list.
(3) No motor vehicle intended or designed to transport caustic, flammable,
.explosive or otherwise dangerous materials shall be permitted to be parked overnight
~n a residential district.
11. Pursuant to the provisions of Section 12 of the Roanoke City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk
08/20/03
12
Planning Building and Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-1730 (Fax) 853-1230
Emaik planning@ci.roanoke.va.us
August18,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
An ordinance amending and reordaining 36.1-25, Definition~;
§36.1-206, Permitted uses (C-2}; §36.1-207, Special
exception uses (C-2); §36.1-227, Permitted uses (C-3);
§36.1-228, Special exception uses (C-3); §36.1-249,
Permitted uses (LM); §36.1-250, Special exception uses
(LM); §36.1-270, Permitted uses (HM); §36.1-271, Special
exception uses (HM); and §36.1-435, Parkin.q of commercial
vehicle~, of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, such amendments pertaining
to towing and wrecker services, general service
establishments and motor vehicle sales lots.
Planninq Commission Action:
Planning Commission public hearing was held on Thursday, July 17, 2003. By a
vote of 6-0 (Mr. Butler absent), the Commission recommended the proposed
amendment to City Council.
Back.qround
This report is an addendum to the May 19, 2003, City Council report from the
Planning Commission, recommending amendments to the zoning ordinance
pertaining to motor vehicle related businesses. All references within this report
are related to the measure as attached. This report addresses only those
elements of the recommended text amendments that are different from the
Planning Commission's previous action.
On April 17, 2003, the Planning Commission recommended to City Council the
approval of a measure amending the zoning ordinance as it pertains to various
motor vehicle oriented establishments. On May 19, 2003, City Council
considered the recommended text amendments and, after public hearing and
discussion, referred the proposed measure back to the Planning Commission in
order to provide additional information to, and input from, property and business
owners and other interested parties.
On May 23, 2003, the Department of Planning Building and Development mailed
180 packets to motor vehicle related businesses, including new and used
automobile sales establishments, motor vehicle repair establishments, and
towing and wrecker services. That informational packet included a copy of the
proposed text amendments, a chart delineating the zoning districts in which such
businesses would be permitted under the proposed amendments, and an
invitation to phone or email staff with questions or input and/or to attend one of
two question and input sessions on June 4, 2003. In addition, the Department of
Housing and Neighborhood Services mailed 60 informational packets to the
Roanoke Neighborhood Partnership Steering Committee and neighborhood
leaders. In response to the 240 packets mailed, Planning Building and
Development staff received six phone inquiries. Nineteen businesses were
represented at the June 4 sessions hosted by Planning Building and
Development staff. One neighborhood leader attended one of the sessions.
Considerations:
Through the informational/input sessions and phone calls, staff received
numerous general comments. Staff identified several specific issues that
resulted from the discussions regarding the proposed definitions of a
"commercial motor vehicle" and a "used motor vehicle sales and service
establishment"; the requirements for a general service establishment; and the
prohibition of the parking of tow trucks and roll back tow trucks in residential
areas.
In consideration of comments received from the "industry", staff identified three
areas of the proposed text amendments for study and reconsideration of
language. They are as follows:
(1) Definition of a "commercial motor vehicle" -- item # 1 of the attached measure
pertainin.q to Sec. 36.1-25, Definitions:
· "Industry input": Further define the "commercial motor vehicle" by
eliminating ambiguity, particularly in regard to the word "truck"
Staff comment: "...designed or maintained for the transportation of
persons or property for compensation or profit..." applies to any and all
of the types of vehicles listed
(a) In consideration of the issue noted above, and given that previous
Planning Commission action recommended exempting vans, pickup
trucks, and panel trucks from the section prohibiting the parking of
commercial vehicles in residential districts, the Planning Commission
supports a revised definition that excludes vans, pickup trucks, and panel
trucks from the definition of commercial motor vehicles. Such revised
definition in the attached measure reads as follows:
Commercial motor vehicle: Any motor vehicle or trailer used,
designed or maintained for the transportation of persons or property
for compensation or profit, and which is one of the following types
of vehicles: trucks, tractor cabs, farm tractors, construction
equipment, motor passenger buses (excluding school buses
currently used by a public or private institution of learning), trailers,
semi-trailers, taxis, fimousines, tow trucks, dump trucks, roll back
tow trucks, flatbed trucks, or step vans, but not including vans,
pickup trucks, and panel trucks.
(2) General service establishments enqa¢ted in the repair of automobiles,
motorcycles or trailers -- items #1, #2, #4, #6, and #8 of the attached measure
pertaining to Sec. 36. 1-25, Definitions, General service establishment; Sec. 36.1-
206, Permitted uses fC-2/ (26); Sec. 36.1-227, Permitted uses [C-3! (26); Sec.
36.1-249, Permitted uses [LM/ (24); and Sec. 36. 1-270, Permitted uses filM!
(11):
· "Industry input": There is no number limit under State law on the
incidental sale of motor vehicles encumbered by a mechanic's lien.
"Industry input": In regard to the proposed requirement that "all repair
or maintenance activities shall occur in a wholly enclosed building",
consideration should be given to the following:
o Not all repairs can take place within a building;
o Not all motor vehicles fit into certain service bays;
o Sometimes the entire motor vehicle does not fit wholly within the
building; and
o Some simple repairs and maintenance take place outside when
all existing building bays are occupied, such as an unscheduled
"drive-up" request for replacement of a dead battery or flat tire.
Additional industry comments on this requirement referenced the
operation of mobile repair services and retail outlets where minor part
replacements can occur outside.
"Industry input": State inspection establishments are required to
service motor vehicles up to 10,000 pounds empty gross weight.
Staff comments:
For purposes of consistency within the zoning ordinance, the
definition of "general service establishment" should be revised
to include a reference to "motor vehicles and trailers" rather than
"automobiles".
Recognizing that general service establishments sometimes
need to sell a motor vehicle when a repair or parts bill is not
paid by the customer, and in order to be consistent with State
law, motor vehicles sold through a mechanic's lien should be
exempt from the limitation of motor vehicles that can be sold by
a general service establishment.
While acknowledging the comments regarding repairs within a
building, staff cannot support revised language that would
eliminate this requirement. Such a requirement exists in the LM
District under the current code. For consistency, staff supports
application of this requirement in the C-2 District, particularly
since this requirement is already applied in the more intense LM
District. While recognizing that some maintenance and service
occurs outside a building, such as an "emergency drive-up"
replacement of a battery or fiat tire when the bays are full, staff
believes that removal of the building requirement would more
fully expose repair and maintenance activities to the public view.
Given the revised definition of "commercial motor vehicle" (as
noted previously in this report and included in the attached
measure), with such revision excluding vans, pickup trucks, and
panel trucks from that definition, general service establishment
provisions should be revised as follows:
In the C-2 District, permit the repair or maintenance of
motor vehicles or trailers, except for commercial motor
vehicles as defined in the attached measure and motor
vehicle or trailer painting or body repair.
· In the LM and HM Districts, permit the repair or
maintenance of motor vehicles or trailers (such revision
would permit the repair or maintenance of commercial
motor vehicles).
For purposes of consistency within the proposed text
amendments, the following amendments should also be
considered:
In the C-3 District, reference "motor vehicles or trailers"
rather than "automobiles, trucks or construction
equipment" in "(26) General service establishments"
Designation of "commercial motor vehicle repair or
maintenance establishments" as a specific use permitted
in the LM and HM Districts is not necessary since the
repair or maintenance of commercial motor vehicles
would be permitted in those districts under the revised
general service establishments language noted
previously in this report
(a) In consideration of the comments noted above, the Planning
Commission supports a revised definition of general service
establishments. Such revised definition in section 1 of the attached
measure reads as follows:
General service establishment: A place of business primarily
engaged in the repair or maintenance of household or commercial
goods, including appliances, computers, office equipment and
motor vehicles and trailers.
(b) In consideration of the comments noted above, the Planning
Commission supports the revised language in section 2 of the measure,
Section 36.1-206, Permitted uses (C-2), which reads as follows:
(26) General service establishments, provided that:
(a) any such establishment primarily engaged in the repair or
maintenance of motor vehicles or trailers shall be limited
to the incidental sale of up to five (5) repaired or rebuilt
motor vehicles or trailers within one calendar year at that
location, although the sale of repaired or rebuilt motor
vehicles or trailers for the purpose of satisfying a lien for
services rendered or parts supplied shall not be included
in the total of such permitted incidental sales;
(b) all repair or maintenance activities shall occur in a wholly
enclosed building; and
(c) no repair or maintenance activities shaft include the
repair or maintenance of commercial motor vehicles or
any motor vehicle or trailer painting or body repair.
(c) In consideration of the comments noted above, the Planning
Commission supports the revised language in section 4 of the measure,
Section 36.1-227, Permitted uses (C-3), which reads as follows:
(26) General service establishments, provided that no such
establishment shaft engage in the repair or maintenance of motor
vehicles or trailers.
(d) In consideration of the comments noted above, the Planning
Commission supports the revised language in section 6 of the measure,
Section 36.1-249, Permitted uses (LM), which reads as follows:
(24) General service establishments, provided that:
(a) any such establishment primarily engaged in the repair or
maintenance of motor vehicles or trailers shall be limited
to the incidental sale of up to five (5) repaired or rebuilt
motor vehicles or trailers within one calendar year at that
location, although the sale of repaired or rebuilt motor
vehicles or trailers for the purpose of satisfying a lien for
services rendered or parts supplied shaft not be included
in the total of such permitted incidental sales;
(b) aft repair or maintenance activities shall occur in a wholly
enclosed building; and
(c) no repair or maintenance activities shaft include motor
vehicle or trailer painting or body repair.
(e) in consideration of the comments noted above, the Planning
Commission supports the revised language in section 8 of the measure,
Section 36.1-270, Permitted uses (HM), which reads as follows:
(11) General service establishments, provided that:
(a) establishments engaged in the repair or maintenance of
motor vehicles or trailers shall be limited to the incidental
sale of up to five (5) repaired or rebuilt motor vehicles or
trailers within one calendar year at that location, although
the sale of repaired or rebuilt motor vehicles or trailers for
the purpose of satisfying a lien for services rendered or
parts supplied shall not be included in the total of such
permitted incidental sales; and
(b) all repair or maintenance activities, including painting and
body repair, shall occur in a wholly enclosed building.
('3) Parkinq of commercial vehicles in residential districts -- item # 10 ofth~.
attached measure pertaininq to Sec. 36.1-435, Parkinq of commercial motor
vehicles
"Industry input": Because a tow truck and roll back tow truck are
considered "commercial motor vehicles" by the definition of this
measure, there is concern about the impact on emergency response
time because of the prohibition of the parking of tow trucks in
residential districts. This impact should be weighed against the impact
on neighborhoods by the parking of tow trucks in residential districts
with consideration given to the following:
o There are a limited number of tow truck operators;
o The number of "on-call" tow trucks is estimated to be 25 valley-
wide; and
o Not all "on-call" tow truck drivers live in the City of Roanoke.
Planning Commission comments:
While acknowledging the issue related to emergency response
time, the Planning Commission still has concerns about the
consequences of a blanket exemption of tow trucks and roll
back tow trucks from the prohibition of the parking of
commercial motor vehicles in residential districts. Concerns
include the size, weight, and noise of such motor vehicles, as
well as the potential for any number of such tow trucks to be
parked at any given location, and the potential impact on the
quality of life in residential neighborhoods.
In consideration of support of a revised definition of "commercial
motor vehicles" which excludes vans, pick-up trucks and panel
trucks from such designation, as incorporated in the attached
measure and previously noted in this report, the Planning
Commission supports panel trucks being included with
commercial motor vehicles in the section regarding the
prohibition of the parking of certain motor vehicles in residential
districts because of their size and incompatibility with residential
neighborhoods. The Planning Commission recommends the
revised language in paragraph 10 of the measure, Section 36.1-
435, Parking of commercial motor vehicles, which reads as
follows:
(a) No commercial motor vehicle or panel truck shall be parked
or left standing in a residential district for more than two (2)
hours at any time except for:
Plannin.q Comm ss on Hearing:
Planning Commission held a public hearing on the proposed text amendments
on July 17, 2003. Mrs. Nancy Snodgrass, City Planner, presented the staff
report, explaining the proposed amendments and recommending their approval.
The Planning Commission opened the meeting for public comment.
· Mr. Leo Trenor, Preston Avenue, expressed concern about the definition
of rebuilt motor vehicles and the state code requirements.
· Mr. Ronnie Scaggs, Motor Parts Supply, Melrose Avenue, N.W., stated
his concerns (1) that a customer would not be able to change a battery
outside a building, and (2) that a person with a "Snap-on Tools" business
would not be able to take his truck home to park it.
· Mr. John Waldron, Shenandoah Auto Parts, suggested that a weight limit
and/or single rear wheel requirement be used to define a commercial
motor vehicle.
· Letters of opposition were read into the record from Tommy Woods and
Robert Young.
Planning Commission discussion centered on the following:
· The prohibition of the parking of tow trucks in residential districts to protect
the quality of residential neighborhoods;
· Prohibiting the parking of panel trucks in residential districts because of
their size;
· The problems associated with a "weight-based" definition of commercial
motor vehicles as they relate to the ability of inspectors in the field to
determine weight in enforcement of the regulation; and
· The concern that a single axle of single rear wheels definition of a
commercial motor vehicle would still allow for motor vehicles of a size that
would impact the quality of life in residential neighborhoods.
Recommendation:
The Commission recommends approval of the proposed text amendments as set
forth in the attached measure. Given the additional input from the industry and
further consideration of those issues by staff and the Commission, the
Commission supports the proposed text amendments as set forth in the attached
measure.
Respectfully submitted,
ane~ta, Cl~airman
Roanoke City Planning Commission
CC:
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
9
C-2 C-3 LM HM
General service establishment engaged in repair or cannot repair motor engaged in repair or engaged in repair or
maintenance of motor vehicles or trailers maintenance of motor maintenance of motor
vehicles or trailers (but vehicles or trailers vehicles or trailers
not including (but not including (may include painting
commercial motor painting or body and body repair), must
vehicles or painting or repair), must be be in a wholly enclosed
body repair), must be in in a wholly enclosed building, and can sell
a wholly enclosed building, and can sell up to 5*
building, and can sell up to 5*
up to 5*
New commercial motor vehicle sales must have 20K sq. fi.
and service establishment lot
Used commercial motor vehicle S.E.
sales and service establishment
S.E. S.E.
Motor vehicle or trailer painting and
body shop must have 40K sq. ft.
lot; minimum 15K sq.
ft. building
New motor vehicle sales and service must have 40K sq. fi. lot S.E.
establishment
Used motor vehicle sales and service must have 10K sq. ft. lot
establishment
Towing service must have 20K sq. fl. lot must have 20K sq. ft. must have 20K sq. ft.
lot lot
Wrecker service S.E. S.E.
must have 20K sq. ft. Must have 20K sq. ft.
lot lot
* Limitation of 5 does not include the sale of repaired motor vehicles or trailers by means ora mechanic's lien
C:2vly DOCUM ENTS~MYFILES~VIYFILES~FOLDERS~EPORTS2viOTORVEHiCLESM EASU REUS EMATRiX6.30~03.DOC
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
NOTICE OF ~1~ HEMilll ..........
ROANOKE CITY CLERK' S I~s.2.;~04, ~0de
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL d~,~4ue
ROANOKE VA 24011 ~e ml~er
REFERENCE: 80023382 I~efloke(~2?~),eeemsncmd.
02181321 Various Ordinances The
State of Virginia ~se.~-20e, PERCheD USE8;
City of Roanoke 8PLOW. EX~EPTIO~ USES;
I, (the undersigned) an authorized representative EX~B'TION
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily 2~o, IPEOIA~, EXCEP?ION
newspaper published in Roanoke, in the State of ~e.~.~?o,~,~lh,l¥~u
Virginia, do certify that the annexed notice was $~ECI.~L EXOEPTION
published in said newspapers on the following ~.~.20~, ~se.~-~07, end
PUBLISHED ON: 08/01 08/08 (853.2~4~),
TOTAL COST: 400.20
FILED ON: 08/12/03
Authorized f ~ ~
Signature:----~A----_~_~_~~,/' ~ Billing Services Representative
City/County of Roanoke, Commonwealth/State of
Virg~ia.,~__ Sworn and subscribed before me this
~f~_ dsaeYaOf AugUst 2003. Witness my hand and
~_ _~-_ _ _~_~__~/__~_ _ Nots ry Pub 1 lc
M~/~omm~ssion expires ___~---- -~;- ~/~;~ .
NOTICE OF PUBLIC HEARING
TO WI-IOM IT MAY CONCERN:
Pursuant to the provisions of§l 5.2-2204, Code of Virginia (1950), as amended, the Council of
the City of Roanoke will hold a Public Hearing on Monday, August 18, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Council Chambers, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia, in order to consider an ordinance, amending and
revising Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended.
The proposed ordinance would amend §36.1-25, Definitions; subsections (26) and (37) of
§36.1-206, Permitted uses; subsection (5) of §36.1-207, Special exception uses; subsection (26) of
§36.1-227, Permitted uses; subsection (3) of §36.1-228, Special exception uses; subsection (24) of
§36.1-249, Permitted uses; subsection (8) of §36.1-250, Special exception uses; subsection (11) of
§36.1-270, Permitted uses; subsection (5) of §36.1-271, Special exception uses; §36.1-206, §36.1 -
207, and §36.1-250, by deleting certain uses as permitted uses or uses by special exception; and
§36.1-435, Parking of commercial vehicles, and adding new subsections (51) and (52) of §36.1-206,
Permitted uses; subsections (28) and (29) of§36.1-249, Permitted uses; subsections (10) and (11) of
§36.1-250, Special exception uses; subsection (12) of §36.1-270, Permitted uses; and subsection (6)
of §36.1-271, Special exception uses, of Chapter 36.1, Zoning, of the Code of the City of Roanoke
(1979), as amended. A copy of such proposed ordinance is available for review in the Office of the
City Clerk, Room 456, Noel C. Taylor Municipal Building.
If you are a person with a disability who needs accommodations for this heahng, please
contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, August 14, 2003.
All parties in interest may appear on the above date and be heard on the question.
G1VEN under my hand this 24thday of July ,2003.
Mary F. Parker, City Clerk.
H:/NOTICESXN CA-36 I TOWINGO81803 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, August 1, 2003, and once on Friday, August 8, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
c r? OA VOr
Off, ce of the City clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
May 29, 2003
File #24-514-553
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 19, 2003, a public hearing was held on proposed amendments to the Zoning
Ordinance to better define and differentiate between certain interrelated land use activities
that involve towing services, wrecker services, new and used motor vehicle sales and
service and a new and used commercial motor vehicle sales and service.
Your report recommending adoption of an ordinance amending Section 20-71 of the City
Code pertaining to regulation of on-street or alley parking of commercial motor vehicles in
residential districts was also before the Council.
The abovereferenced rePort was tabled until the definition of commercial vehicle is
determined.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
pc:
Jesse A. Hall, Director of Finance
A. L. Gaskins, Chief of Police
R. Brian Townsend, Director, Planning, Building and Development
H:\Agenda.03\May 19, 2003 cor~'espondence.wpd
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, July 17, 2003, at 1:30 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., to consider the following:
An ordinance amending and reordaining §36.1-25, Definitions; §36.1-206,
Permitted uses (C-2); §36.1-207, Special exception uses (C-2); §36.1-227,
Permitted uses (C-3); §36.1-228, Special exception uses (C-3); §36.1-249,
Permitted uses (LM); §36.1-250, Special exception uses (LM); §36.1-270,
Permitted uses ('HM); §36.1-271, Special exception uses ('HM); and §36.1-435,
Parkin.q of commercial vehicles, of Chapter 36.1, Zonin.q, of the Code of the City
of Roanoke (1979), as amended, said amendments pertaining to towing and
wrecker services, general service establishments and motor vehicle sales lots.
A copy of the proposed ordinance is available for review in the Department of
Planning Building and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on
the matter. If you are a person who needs accommodations for this hearing, please
contact the Department of Planning Building and Development at 853-1730 before
12:00 noon on the Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, July 1 and 8, 2003
Please charge to credit card and send affidavit of publication to:
Martha P. Franklin,
Department of Planning Building and Development
Room 166, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, VA 24011 853-6874
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on Thursday, June
19, 2003, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to
consider the following:
An ordinance amending and reordaining §36.1-25, Definitions, by deleting the definition
of tow truck operation and by adding the definitions of buffer, commercial motor vehicle,
new commercial motor vehicle sales and service establishment, used commercial motor
vehicle sales and service establishment, new motor vehicle sales and service
establishment, used motor vehicle sales and service establishment, towing service and
wrecker service; §36.1-206, Permitted uses, by amending subsection (26) to permit
general service establishments to repair and sell automobiles or trailers under certain
circumstances, by amending subsection (37) by substituting new motor vehicle sales and
service establishments for establishments primarily engaged in the sale or rental of
certain motor vehicles under certain circumstances as a permitted use, and by adding used
motor vehicle sales and service establishments, and towing services, as permitted uses;
§36.1-227, Permitted uses, by adding general service establiskments as permitted uses;
§36.1-228, Special exception uses~ by amending subsection (3) to permit new motor
vehicle sales and service establishments as a use permitted by special exception; §36.1-
249, Permitted uses, by amending subsection (24) to require that general service
establishments which repair automobiles do so only in a wholly enclosed building, and by
adding new commercial motor vehicle sales and service establishments, towing services,
and commercial motor vehicle repair establishments under certain circumstances, as
permitted uses; §36.1-250, Special exception uses, by adding wrecker services and used
commercial motor vehicle sales and service establishments as uses permitted by special
exception; §36.1-270, Permitted uses, by amending subsection (11) to require that general
service establishments which repair automobiles do so only in a wholly enclosed
building, and by adding towing services and establishments which only repair or maintain
commercial motor vehicles under certain circumstances, as permitted uses; §36.1-271,
Special exception uses, by adding wrecker services as a use by special exception; §36.1-
206, §36.1-207, and §36.1-250, by deleting certain uses as permitted uses or uses by
special exception; and §36.1-435, Parking of commercial vehicles, by revising the
regulations pertaining to the parking of commercial motor vehicles in a residential
district, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended.
A copy of the proposed amendment is available for review in the Department of Planning
Building and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this hearing, please contact the
Department of Planning Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the heating listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, June 3 and 10, 2003
Please charge to credit card and send affidavit of publication to:
Martha P. Franklin
Department of Planning Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
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
August 25, 2003
File #20-24-514
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36464-081803 amending and reordaining Section
20-71, Parkinq of commercial trucks, of Article IV, Stoppinq, Standing and Parking, of
Chapter 20, Motor Vehicles and Traffiq, of the Code of the City of Roanoke (1979), as
amended, to provide for the definition of commercial motor vehicle and to prohibit the same
from parking on the streets and alleys in a residential district, under certain circumstances;
and dispensing with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:ew
Attachment
Darlene L. Burcham
August25,2003
Page 2
pc:
The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The George W. Harris, Jr., Judge, General District Court
The Vincent A. Lilley, Judge, General District Court
The Francis W. Burkart, III, Judge, General District Court
The Jacqueline F. Ward Talevi, Judge, General District Court
John B. Ferguson, Chief Judge, Juvenile and Domestic Relations
Honorable
Honorable
Honorable
Honorable
The Honorable
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
Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia
24011
Mr. Leo Trenor, 3343 Preston Avenue, N. W., Roanoke, Virginia 24012
Mr. Ronnie Scaggs, Motor Parts Supply Co., Inc., 3527 Melrose Avenue, N. W.,
Roanoke, Virginia 24017
Mr. John Waldron, Shenandoah Auto Parts, Inc., 1901 Shenandoah Avenue,
N. W., Roanoke, Virginia 24017
Thomas A. Woods, President, Woods Towing and Recovery/Tanglewood Towing,
418 Washington Avenue, Vinton 24179
Robert R. Young, President, Robert Young's Auto and Truck, Inc., 210 Carver
Avenue, N. W., Roanoke, Virginia 24012
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
Rolanda B. Russell, Assistant City Manager for Community Development
Susan S. Lower, Acting Director of Real Estate Valuation
Darlene L. Burcham
August25,2003
Page 2
pc:
Mar[ha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to
Municipal Code Corporation)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of August, 2003.
No. 36466-081803.
AN ORDINANCE amending and reordaining §20-71, Parking of commercial trucks, of
Article IV, Stopping, Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, of the
Code of the City of Roanoke (1979), as amended, to provide for the def'mition of commercial
motor vehicle and to prohibit the same from parking on the streets and alleys in a residential
district under certain circumstances; 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 20-71, Parking of commercial trucks, of Article IV, Stopping, Standing and
Parking, 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:
Sec. 20-71. Parking of commercial truck motor vehicles.
(a) For purposes of this section, a commercial motor vehicle shall be any motor
vehicle or trailer used, designed or rnaintained for the transportation of persons or
property for compensation or profit, and which is one of the following types of
vehicles: trucks, tractor cabs, farm tractors, construction equipment, motor
passenger buses, trailers, semi-trailers, taxis, limousines, tow trucks, dump trucks,
roll back tow trucks, flatbed trucks, or step vans.
o-ca-ParkingCommVeh
8/19/03
(b) No commercial motor vehicle shall be parked or left standing on any street
or alley located in a residential district for more than two (2) hours at any time,
except for:
School buses currently used by a public or private institution of
learning;
Emergency vehicles, while such vehicles are providing emergency
services, or emergency vehicles which are owned by the City of
Roanoke;
(3) Vehicles being loaded or unloaded;
Vehicles belonging to or used by the occupant of a business premises
when the premises constitute a lawfully existing use;
Vehicles, the occupants of which are actually engaged in work on
the premises;
(6) Vehicles being used in connection with utility or street work; and
(7)
Tow trucks and roll back tow trucks which are on call on the City's
towing list.
(c) No motor vehicle intended or designed to transport caustic, flammable,
explosive or otherwise dangerous materials shall be permitted to be parked
overnight in a residential district.
(d) For purposes of subsections (a) and (b) of this section, vans, pickup trucks
and panel trucks shall not be considered commercial motor vehicles.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
o-ca-ParkingCornmVeh 8/19/03
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.reanokegov.com
August 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Amendment to City
Code Section 20-71
Enfomement of section 20-71 of the Code of the City of Roanoke (1979), as
amended, pertaining to parking of commercial motor vehicles in residential
districts has been hampered by a lack of a definition of the term "commercial
motor vehicle." The proposed amendments to section 20-71 provide, among
other things, that certain trucks, construction equipment, trailers, semi-trailers,
taxis, limousines, tow trucks, and dump trucks, may not be parked or left
standing on any street or alley located in a residential district for more than two
(2) hours.
Certain school buses and emergency vehicles, vehicles being loaded or
unloaded, vehicles belonging to or used by the occupant of a business when the
premises constitute a lawfully existing use, as well as vans, pickup trucks and
panel trucks, which would otherwise constitute "commercial motor vehicles," are
exempted from the application of the ordinance. No motor vehicle, however,
designed to transport dangerous materials may be permitted to park in a
residential district.
Enforcement of section 20-71, as amended, is intended to dovetail with the
proposed amendments to the Zoning Ordinance which relate to parking
commercial vehicles in a residential district.
Recommended Action:
City Council adopt an ordinance amending Section 20-71 of the City Code
pertaining to the regulation of on-street or alley parking of commercial motor
vehicles in residential districts.
City Manager
Attachments
C~
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
Joe Gaskins, Chief of Police
Brian Townsend, Director of Planning Building and Development
CITY OF RO_..ANOKE
Office of the C,ty Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
August 25, 2003
File #24-51-107
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham
I am attaching copy of Ordinance No. 36465-081803 amending and reordaining Section
36.1-693, Notice of hearinq, Division 5, Amendments, Article VII, Administration, of
Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, by
repealing the required placement of signage on property when a proposed amendment
affects the district classification of more than 25 parcels; and dispensing with the second
reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 18, 2003, and is in full force and effect
upon its passage.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:ew
Attachment
Darlene L. Burcham
August 25, 2003
Page 2
pc:
The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable Francis W. Burkart, III, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District
'Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District
Court
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
Rolanda B. Russell, Assistant City Manager for Community Development
Susan S. Lower, Acting Director of Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Rebecca J. Cockram, Secretary, Board of Zoning Appeals
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to
Municipal Code Corporation)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of August, 2003.
No. 36465-081803.
AN ORDINANCE amending and reordaining §36.1-693, Notice of hearing,
Division 5, Amendments, Article VII, Administration, of Chapter 36.1, Zoning, of the
Code of the City of Roanoke (1979), as amended, by repealing the required placement of
signage on property when a proposed amendment affects the district classification of
more than twenty-five (25) parcels; and dispensing with the second reading by tire of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 36.1-693, Notice of hearing, of Chapter 36.1, Zoning, of the Code
of the City of Roanoke (1979), as amended, is hereby amended and reordained, by
repealing the required placement of signage on property when a proposed amendment
affects the district classification of more than twenty-five (25) parcels, to read and
provide as follows:
Section 36.1-693, Notice of hearing.
Prior to conducting any public hearing required by this chapter before the
city council or the planning commission, notice shall be given as required
by section 15.2-2204, Code of Virginia (1950), as amended, and in the case
of hearings before the city council, in conformance with any additional
requirements of section 62 of the Charter. The expense of advertising shall
be borne by the applicant. Any affidavits required by section 15.2-2204,
Code of Virginia (1950), as amended, shall be filed with the city clerk. In
addition, when a proposed amendment affects the district classification of
twenty-five (25) or fewer parcels, the zoning administrator shall erect a sign
on each of such parcels, at least ten (10) days prior to the public hearing
before the planning commission, indicating the nature of the change
H:\ORDINANCES\Ord36.t -693Signage.doc
proposed, the identification of the property or properties affected, and the
time, date and place of such hearing WL. cna ....... ~ .... ~_~ ~cc~,~
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:
H:\ORDIN ANCESXOrd36.1-693 Signage.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of August, 2003.
Iqo. 36/465-081803.
AN ORDINANCE amending and reordaining §36.1-693, Notice of hearing,
Division 5, Amendments, Article VII, Administration, of Chapter 36.1, Zoning, of the
Code of the City of Roanoke (1979), as amended, by repealing the required placement of
signage on property when a proposed amendment affects the district classification of
more than twenty-five (25) parcels; and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 36.1-693, Notice of heating, of Chapter 36.1, Zoning, of the Code
of the City of Roanoke (1979), as amended, is hereby amended and reordained, by
repealing the required placement of signage on property when a proposed amendment
affects the district classification of more than twenty-five (25) parcels, to read and
provide as follows:
Section 36.1-693, Notice of hearing.
Prior to conducting any public heating required by this chapter before the
city council or the planning commission, notice shall be given as required
by section 15.2-2204, Code of Virginia (1950), as amended, and in the case
of heatings before the city council, in conformance with any additional
requirements of section 62 of the Charter. The expense of advertising shall
be borne by the applicant. Any affidavits required by section 15.2-2204,
Code of Virginia (1950), as amended, shall be filed with the city clerk. In
addition, when a proposed amendment affects the district classification of
twenty-five (25) or fewer parcels, the zoning administrator shall erect a sign
on each of such parcels, at least ten (10) days prior to the public heating
before the planning commission, indicating the nature of the change
H:\ORDINANCES\Ord36.1-693Signage.doc
proposed, the identification of the property or properties affected, and the
time, date and place of such hearing nm .......... ~ .... ~-~, ~r~
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.
H:\ORDINANCES\Ord36. 1-693Signage.doc
Architectural Review Board
Board of Zoning Ai}l}eals
Plannin~ ¢ommission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: ($40) 853-1230
E-mail: pla nning~ci.roanoke.va.us
August18,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Amending and reordaining Section 36.1-693, Notice of
hearinq, of Chapter 36.1, Zoninq, of the Code of the City of
Roanoke (1979), as amended, by deleting the requirement
of erecting signs when a proposed amendment affects more
than twenty-five (25) parcels.
Planning Commission Action:
A public hearing was held by the Planning Commission on Thursday, July 17,
2003. The Commission, by a vote of 6-0 (Mr. Butler absent), recommended that
City Council approve the proposed amendment.
Background:
This text amendment deletes the requirement that, when a proposed amendment
affects the district classification of more than twenty-five (25) parcels, at least one
sign shall be erected on each corner of each block on which any affected
properties lie. Such sign is required to provide notice of public hearing, indicating
the proposed change, identification of affected properties, and the time, date, and
place of such hearing.
Considerations:
The posting requirement that is the subject of the proposed text amendment is
not mandated by the City Charter or Virginia Code. The proposed amendment
will reduce the logistical impact on a comprehensive rezoning of the city, such as
that which will be undertaken with the preparation of a new zoning ordinance and
zoning map. Consideration of a new zoning ordinance will necessitate the
amendment of district classifications throughout the city in order that all parcels
are zoned in a manner that is consistent with the new zoning ordinance. The
logistical impact of the requirement for posting of signs for notice on a citywide
rezoning effort would be significant if not logistically prohibitive.
At the Planning Commission public hearing, Mrs. Nancy Snodgrass, City
Planner, explained that the proposed text amendment does not necessarily
reflect language that will be carried over to the new zoning ordinance. During
recent discussions by the Zoning Ordinance Steering Committee, in
consideration of a tiered method of public notice for inclusion in the new zoning
ordinance, it became evident that the current requirement for the posting of signs
for rezoning petitions affecting more than twenty-five parcels should be deleted at
this time to provide for a feasible and logistical procedure for a comprehensive,
citywide rezoning.
Planning Commission discussion focused on methods of notification of property
owners for a comprehensive rezoning of the city. Mrs. Snodgrass responded
that State Law mandates that all property owners be notified by mail. It is also
anticipated that with a citywide reclassification of property there will be
substantial publicity regarding such, both during the public review and public
hearing processes. Furthermore, staff anticipates no comprehensive rezonings
of property involving more than twenty-five parcels between now and the time of
the citywide rezoning effort.
Recommendation:
The Planning Commission recommends adoption of the proposed amendment to
Section 36.1-693 of the City Code.
CC:
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City Planning Commission
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
2
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, July 17, 2003, at 1:30 p.m., or as soon as the matter may be heard, in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W.:
An ordinance amending and reordaining §36.1-693, Notice of hearing, by
deleting the wording related to the erection of a sign when a proposed
amendment affects more than twenty-five (25) parcels, of Chapter 36.1, Zoning,
of the Code of the City of Roanoke (1979), as amended.
A copy of the ordinance is available for review in the Department of Planning
Building and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard
on the matter. If you are a person who needs accommodations for this hearing, please
contact the Department of Planning Building and Development at 853-1730 before
12:00 noon on the Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, July 1 and 8, 2003
Please charge credit card on file and send affidavit of publication to:
Martha P. Franklin
Department of Planning Building & Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1730
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02181413 36.1 Zoning
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
_~__~_~___d~ay of August/ 2003. Witness my hand and
PUBLISHED ON: 08/01 08/08
299.00
08/12/03
TOTAL COST:
FILED ON:
Authorized
Signature:
, Billin9 Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of§l 5.2-2204, Code of Virginia (1950), as amended, the Council of
the City of Roanoke will hold a Public Hearing on Monday, August 18, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Council Chambers, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia, in order to consider an ordinance, amending and
revising Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended.
The proposed ordinance would amend §36.1-693, Notice of Hearing, of Chapter 36.1, Zoning,
of the Code of the City of Roanoke (1979), as amended, by deleting the requirement of erecting signs
when a proposed amendment affects the district classification of more than twenty-five (25) parcels.
A copy of such proposed ordinance is available for review in the Office of the City Clerk, Room 456,
Noel C. Taylor Municipal Building. Questions about the content of the proposed ordinance should be
directed to the Office of Planning, Building and Development, 853-1730.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, August 14, 2003.
All parties in interest may appear on the above date and be heard on the question.
G1VEN under my hand this 24th day of July ,2003.
Mary F. Parker, City Clerk.
H:~NOTICES\N-CA-36 1-693(NOTICEHEAILrNG)081803 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, August 1, 2003, and once on Friday, August 8, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: {540) 853-1145
E-mail: clerk~ci.roanoke.va.us
STEPHAN1E M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assislant City Clerk
August 20, 2003
File #249
Dana A. Walker
General Manager
H & W Properties, L.L.C.
213 Jefferson Street, S. W., #1007
Roanoke, Virginia 24011
Dear Mr. Walker:
Your petition appealing a decision of the Architectural Review Board for a Certificate of
Appropriateness with regard to property located at 702 Marshall Avenue, S. W., was before
the Council of the City of Roanoke at a regular meeting which was held on Monday, August
18, 20O3.
Based upon evidence, testimony and documents, Council voted to affirm the decision of
the City of Roanoke Architectural Review Board on July 10, 2003, that no Certificate of
Appropriateness be issued for the installation of siding, corner boards, and window facings
at 702 Marshall Avenue, S. W., as set forth in the Petition of Appeal, on the grounds that
the proposed installation would not maintain the architectural defining features of the
building.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:ew
Dana B. Walker
August25,2003
Page 2
pc;
Valerie Eagle, President, Old Southwest, Inc., 1225 3r~ Street, S. W., Roanoke,
Virginia 24016
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Rolanda B. Russell, Assistant City Manager for Community Development
R. Brian Townsend, Director, Planning, Building and Development
Martha P. Franklin, Secretary, Architectural Review Board
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
August1,2003
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
I am enclosing copy of a Petition for Appeal filed by Dana A. Walker, General Manager,
H & W Propedies, L.L.C., of a decision of the Architectural Review Board to deny issuance
of a Certificate of Appropriateness, with regard to property located at 702 Marshall Avenue,
S.W. The petition was filed in the City Clerk's Office on Wednesday, July 31,2003.
Section 36.1-642, Review Procedure, Code of the City of Roanoke (1979), as amended,
provides that any property owner aggrieved by any decision of the Architectural Review
Board may present to the City Council a petition appealing such decision, provided such
petition is filed within 30 days after the decision is rendered by the Board. The Council
shall schedule a public meeting and render a decision on the matter within 60 calendar
days of receipt of the petition. Council may reverse or modify the decision of the
Architectural Review Board, in whole or in part, or it may refer the matter back to the Board
or affirm the decision of the Board.
With the concurrence of Council, I will include the Petition for Appeal on the Monday,
August 18, 2003, City Council agenda at 7:00 p.m., in the Council Chamber.
With kindest regards, I am
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
N:\CKMHI\PubJic Hearings.03\Dana Walker. Petition for Appeal (ARB)-2.wpd
The Hono~ble Mayorand Members
ofthe Roanoke City Council
August1,2003
Page 2
Enclosure
pc:
Dana A. Walker, General Manager, H & W Propedies, L.L.C., 213 Jefferson Street,
S. W., #1007, Roanoke, Virginia 24011
Valerie Eagle, President, Old Southwest, Inc., 1225 3rd Street, S. W., Roanoke,
Virginia 24016
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Rolanda B. Russell, Assistant City Manager for Community Development
Robert B. Townsend, Director, Planning, Building and Development
Martha P. Franklin, Secretary, Architectural Review Board
N:\CKMHI\Public Hearings,03\Dana Walker. Petition for Appeal (ARB)-2.wpd
VIRGINIA;
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
PETITION FOR APPEAL
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City
of Roanoke (1979), as amended.
1. Name of Petitioner(s): H & W Properties, LLC
Doing business as (if applicable): ( Same )
Street address of property which is the subject of this appeal:
702 Marshall Ave. S.W.
OverPay zoning (H-l, Historic District, or H-2, Neighborhood Preservation
District) of property(ies) which is the subject of this appeal: H-2
Date the hearing before the Architectural Review Board was held at which
the decision being appealed was made: May 8, 2003 1st Hearing
July 10, 2OO3 2nd Nearing
Section of the Code of the City of Roanoke under which the Certificate of
Appropriateness was requested from the Architectural Review Board
(Section 36.1-327 if H-1 or Section 36.1-345 if H-2): 36.1-345
Description ofthe request ~r whichthe Cedificate of Appropriateness was
soughtf~m the Architectural Review Board:
Installation of vinyl siding~ corner boards~ window and
door facings
Grounds for appeal: Sec 36.1-345 does not require a certificate
of appropriateness as long as the materials are ot the same
'desmgn and maintain the architectural defining feacurCs of
~he bulldlLtg. P~u 4 of Lh¢ ~.iuuL=~ vf LL= .......
............................ t~ ~ ~ ....... ~ by H & W
Name, title, address add telephone number of person(s) who will
represent the Petitioner(s) before City Council:
Dana A. Walker, General Manager, H&W Properties. LI.C
C/O Hall Assoc. Inc. 213 S. Jefferson Street ¢1007
Roanoke, Virginia 24011 580 - 5038
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
Name:
(print or type)
Name:
(print or type)
Signature of Petitioner(s) or
representative(s), where
applicable:
Name: Dana A. Walker
(print or tvDe~
H&W ~Propei~trf~s, LLC
General Manager
Name:
(print or type)
TO BE COMPLETED BY CITY CL :
Received by: //~ J~'~~ Date:
Sec, 36,1-345. District regulations; certificate of appropriateness,
(a) In order to encourage the preservation and enhancement of the distndt and encourage the rehabilitation
and new construction in conformance with the existing scale and character of the district, the amriitecturel review
board shall review and approve the erection of new buildings or s0'ucturas, including signs, the demolition,
moving, reconstruction, alteration or restoration, of existing structures and buildinga, or reduction in their tloor
area, including the enclosure or removal of a porch. No such erection, demolition, moving, reconst~u~on,
alteration, restoration, or enlargement or reduction of a structure, or building, shall be undertaken without the
issuance of a certificate of appropriateness by the board, unless otherwise specllleq herein.
(b) The painting ar ordinary maintenance of any building, structure or historic landmark in the district shall not
require a certificate of appropriateness. Ordinary maintenance shall be any activity relating to a builcling,
structure, or landmark which constitutes a minor alteration of any element of a building, structure, or landman,
and which is, or should be, performed on a regular and relatively frequent basis to maintain amhifectural and
structural integrity.
.~ (c) The installation or replacement of siding, or the replacement of porches, stairs, awnings, roofing materials,
windows, or other similar modifications to an element of a building, structure, or landmark shall not require a
certificate of appropriateness, provided that such installation or replacement is performed using materials which
are of the same design as those an the building, st~'ucture or lesdman~, and provided that such installation or
replacement maintains the architectural defining features of the building, structure or landmark.
(d) The determination of whether an activit~ constitutes erdina~ maintenance, or whether an installation or
modification otherwise requires a certificate of appropriateness, under this section shall be made by the zoning
administrator in consultation with {~e secretary to the architectural review board.
(e) Whenever a certificate of appropriateness is required, no building 0ermit shall be issued until the certificate
of appropriateness has been granted. The zoning administrator shall make routine inspections of [he work being
performed pursuant to such I~uildJng permit to ensure compliance with the terms of the certificate of
appn3t3risteness.
(1~ This section shall not prevent the demolition or rezJng of abuilding, structure, or historic landmark which the
building maintenance cede official certifies in wdting is r~quired for public safety because of an unsafe or
dangerous condition.
(g) A~er an area has been zoned H-2, the architectural review board may recommend to the city pJanning
commission that more specific regulations be adopted for that ~articular district. This section shall be amended as
provided for in section 36.1~6g0, et seq,
(Ord. NO. 28611, § 2, 4~27-87; Oral. No. 3'1177, § 1, 9-28~02; Ord. No. 35368, § 1, 5-21-
h~tp://~ivepub~ish~munic~de~c~m/~9/~ext~d~/~nf~base49~/2c9a/2f~/32ba/33~/33~f=tex~ 5/14/2003
Architectural Review Boald
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: plan ning~ci.roanoke.va.us
July il, 2003
Dana Walker
H & W Properties, LLC
213 Jefferson Street, S.W., #1007
Roanoke, VA 24011
Dear Mr. Walker:
Subject:
Application for a Certificate of Appropriateness
Certificate No. 03-031,702 Marshall Avenue, S.W.
On July 10, 2003, the Architectural Review Board of the City of Roanoke,
Virginia, considered your request for installation of vinyl siding on the building at
702 Marshall Avenue, S.W., and a Certificate of Appropriateness was denied.
The Board found that the installation of the siding would not maintain the
architectural defining features of the building and was not appropriate.
If you are aggrieved by this decision of the Architectural Review Board,
you have the right to appeal the Board's decision to City Council within 30 days
of the date of the decision. Information on the appeals process is enclosed.
Please contact Anne Beckett a call at 853-1522 if you have additional questions.
Sincerely,
Martha P. Franklin, Secretary
City Architectural Review Board
/f
enclosure
PLANNZNG
PAGE 81/88
CITY OF ROANOKE ARCHITECTURAL. REVIEW E~OARD
JULY 10, 2003
M'.UT S DRAFT
The regular meeting of the City of Roanoke Architectural Review Board was held
on Thursday, July 10, 2003. The meeting was called to order at 4:05 p.m., by
Robert Richert, Chairman. Attendance was as follows:
Members Present: Don Harwood ..............
Robert Marietta ~ /-z~¢,
Matt Prescott ~.~,~ ~-__~L~_~_. [
Robert Richert ~,,¢~ ~¢~.e~/~ ~ ~..~..
Kyle Ray
Members Absent: Alison Blanton ~ -- ~
Jim Schlueter
The following items were considered:
1. Approval of Minutes - June 12, 2003
There being no additions and/or corrections, the minutes were approved as
distributed.
2. _Reauest from AnaeJl Associates, represented by Richard Kurshan, for ,',
Certificate of ApPml3riateness aDDrovin,q a si.qn at 126 Campbell Avenue,
S'.W., Official Tax No. 101
Mr. Kurshan appeared before the Board and noted that the studio had one sign,
but wanted additional hanging signs on which to put the individual artists' names.
He said that the hanging name plates would be the same color as the existing
sign. Mr. Kurshan advised that each artist independently rented the space from
him and he felt they needed some identification on a sign outside.
Mr. Richert asked for questions.
Mr. Maneffa asked Mr. Kurshan if he had given any thought to putting brackets
on the facade and then adding the indivi,dual signs to that.
Mr. Harwood also suggested a sign board with plaques, which could be removed
when artists changed, mounted to the column. He also said that a window Sign
was a possibility. He said that either of these would put the names out there
without increasing the mass of signage.
PAGE
City of Roanoke Architectural Review Board
July 10, 2003
DRAFT
Mr. Kurshan said that a window sign would not be visible, and he had not thought
about any other type sign.
Mr. Richert said he was concerned with the precedent this type of sign would set.
He said that the Board was trying to be consistent about the amount of Stuff
hanging over the sidewalk.
Mr. Manetta asked if there was a possibility that the number of studios would
expand to the building behind.
Mr. Kurshan said there was that possibility and at that time he would put signage
on the other street.
Mr. Richer[ said that he had a problem with a hanging sign,
Mr. Kurshan said that even with the additional hanging sign he would still be far
below the maximum square footage for signage allowed. Re said he did not
agree that the sign cluttered the street,
Ms. Beckett said that she was concerned about visual clutter and she felt the
sign needed to be more ora directory type sign. She also said she was
concerned about precedent.
Mr. Richert asked for audience comment.
There was none.
Mr. Richert asked for Board comment. There being none, he called for a vote.
By a roll call Vote of 3-2, the request was approved as presented, as follows:
Mr. Harwood - yes
Mr. Ray - yes
Mr. Manetta- no
Mr. Prescott - yes
Mr. Richert - no
3. Re(3uest from Winter Properties Partnership, LLP. represented bv Scoli
Winter, for a Certificate of Appropriateness approvinq new construction oH
.Janette Avenue, S.W., Official Tax No. 1140121.
Mr, Scott Winter appeared before the Board and said that he had addressed the
issues brought forward at last month's meeting, He said that after talking with
Building officials about the alignment of the buildings, he had found that he would
be able to step all buildings back on the lot. Mr_ Winter presented two sets of
plans to the Board and they reviewed them at the dais. Mr. Winter said that he
e2/08
PAGE
City of Roanoke Architectural Review Board
July 10, 2003
age3 DRAFT
had presented two different window sections - a double hung and casement and
he asked the Board's advice on which one was acceptable,
Mr. Richert said that he would like to have the plans in advance of the meeting~
Mr. Winter responded that they had just been completed prior to the meeting.
Board members and Mr. Winter discussed the plans at the dais. He also
presented booklets showing various light fixtures he wanted approved.
Mr. Winter was advised to use soffit material running parallel as well as the
beaded type of material, He also discussed the following light fixtures:
Left of each front door- 2814 Accolade Craft Made
Adjacent to back door as well as adjacent to garage door - 717-65
Quarum International carriage type light
Walk lights - 2-3 per unit, not over 12 inches in height - Ten'alight 6339
Mr. Richert asked for staff comment.
Ms_ Beckett said she preferred the casement windows.
Mr. Richert asked for audience comment.
There were no comments.
Mr. Richert noted the following additions to the 7/8/03 preliminary drawings:
1. soffit material will run parallel to the building and be beaded cross
section;
2. window configuration will be double hung, eight over ones;
3. window casing to be 3 ~" wide with an integral "J" channel for the
rear elevation;
4, lighting to be as set out above;
§, porch roof to have an additional 6" Overhang over the fascia; trfm
board to match the trim on the front of the building;
6. bricks to be according to specifications provided;
7. mortar to be beige, according to specifications provided;
8. roofing material ~ be GAF brand, 30-year dimensional shake
shingles, Jn weathered wood COlor.
Mr. Harwood moved the Board approve the submittal with the additions set out
by Mr. Richert. The motion was seconded by Mr. Marietta and approved by a roll
call vote of 5-0, as follOWs:
83/88
PLANNING
PAGE
City of Roanoke Architectural Review Board
July 10, 2003
Page 4
Mr. Harwood - yes
Mr. Ray - yes
Mr. Manetta- yes
Mr_ Prescott - yes
Mr. Richert - yes
DRAFT
4, ~W Prooerties. LLC, represented by Dana A. Walker for
_a Certificate of ADr~mpriateness approvin(~ the installation of Vinyl sidinu
and COmer boards at 702 Marshall Avenue,
Mr, Richert asked Mr, Walker if he had anything to show the Board.
Mr. Walker said he would like to request that the following list of amendments
and changes be noted in the minutes of the hearing. '
1, proposing to remove the 4x4 Dutch Lap siding and 'J" channel and
corner boards and replace them with §x5 Dutch Lap siding. He
said that he was proposing integral "J" channel for windows, doers
and comers.
2. proposing to wrap the window facings;
3, proposing to let the Board choose between 3 options on the comer
boards: (1) traditional; (2) fluted; er (3) 3 piece rounded center;
4. proposing to secure or replace loose or missing original boards;
5. proposing to install gutters and downspouts
He said that all of the items had been concerns at the last headng. He then
showed a sample of the 5x5 Dutch Lap siding, as well as the infegral "J" channel
for the windows and doors. He also showed samples and photographs of the 3
types of comer boards, He said the 3 piece rounded was designed to look like
what was on the building at present.
Mr, Richert asked for comments,
Ms. Beckett said that she still believed that the request was not consistent with
the H-2 guidelines. She said that she thought the house should be repaired
before any vinyl siding was considered,
Mr. Walker said that he had asked Ms. Beckett about the specific repair issues
that should be addressed and he was still waiting on an answer.
Ms. Beckett said that them were a lot of moisture issues because of the lack of
gutters and she thought the vinyl siding would trap more moisture and accelerate
the deterioration of the building,
84/88
PAGE
City of Roanoke Architectural Review Board
July 10, 2003
Pa.e5 DRAFT
Mr_ Walker pointed out that the window trims were the same size, but the door
tdms were two different sizes. He said he would cut down the window facings to
five inches, and on the doer, he would come up with something cons stent.
Mr. Richert questioned whether it would be the same or 3 ¼"
Mr. Walker said that he thought it Would look better at five inches to mach the
windows.
Mr. He,rood questioned why siding was being considered for the building. He
asked if the wood siding was deteriorated. He questioned whether the Board's
thinking was more that vinyl siding may be appropriate for new construction or
when something would not hold paint.
Mr. Walker said he had struggled over the years to keep paint on the building
and the long-term cost effectiveness.
Mr. Richert said that it was his opinion that unless a building was a major
disaster, that the covering of the historic buildings in the historic district was
inconsistent with the architectural character of the district. He said the request
did not meet the criteria for him and he was not going to support [he request. He
sam that casing the building would allow further deterioration.
Mr. Walker quoted from Section 36.1-345 of the Code and noted that it did not
say that you had to use the same materials,
Mr. Richer asked for audience comment.
Mr. David Lazarchik (364 Walnut Avenue) appeared before the Board and read a
prepared statement from Old Southwest Inc. This statement is attached to the
minutes and labeled Attachment 1.
Mr. Peter Krull (609 Woods Avenue) appeared before the Board and said that he
had dealt with an issue regarding vinyl last year, however, his request was in the
rear of the house. He said that this one was in the front. He commented on the
new paint products available and the workshop that had been held at an Old
Southwest meeting, with City staff, on long-term paints.
Mr. Prescott said that the Board had been talking about not approving any more
vinyl siding unless there was no other option. He asked if that was in line with
the City Code.
Mr. Richert said that the current ordinance gave the Board the authority to make
a decision based on the architectural appropriateness and that was his basis for
objection.
PaGE
City of Roanoke Architectural Review Board
July 10, 2003
Page 6
DRAFT
Mr. Prescott asked the City Attorney's opinion.
Mr_ Gary Tegenkamp also read Section 36.1-345 noting when a certificate of
appropriateness was not required for installation or replacement of siding. He
said it was a judgment call by the Board.
Mr. Prescott asked if Council had referred the matter back to the Board for more
details.
Mr, Richert said that Council had told the applicant he had not followed the
proper procedure.
Mr. Walker asked why alt this time was being spent attempting to justify the
Board's position and not being spent trying to change the Code.
Mr. Richert said that was being done.
Mr. Richert then stated it seemed the only matter that had not been resolved was
the corner boards.
Mr. Harwood said he would use the rounded three piece.
Mr. Richert asked the Secretary to poll the Board,
The request was denied by a roll call vote of 5-0, as follows:
Mr. Harwood - no
Mr. Ray- no
Mr. Marietta - no
Mr. Prescott - no
Mr, Richert- no
Re(3uest from Tiberius Enterprises, Inc_, represented by Sian Desiqn, for
Certificate of ApDroorJateness approving3 siqna~e at 1328 Second Street,
S.W,, Official Tax No. 1030706.
Mr. Dan Moore from Sign Design appeared before the Board and said he was
open to any suggestions the Board might want to make relative to the sign.
Mr. Harwood said that Board members on the tour had discussed the "v" shaped
sign and were not in favor of it. He said that the sentiment had leaned toward a
sign perpendicular to the building.
New Business
702 Marshall Avenue, SW - H-2 District
H&W Properties, LLC represented by Dana Walker, for a Certificate of
ApprOpriateness approving installation of vinyl siding and corner boards on
structUre.
Project Background and Description:
The ARB denied Mr. Waller a Certificate of Appropriateness at the May meeting,
and he subsequently appealed to City Council. City Council referred the matter back
to the ARB in order for the board to consider more details.
Findings
The H-2 Architectural Guidelines recommends the following:
· Do not replace sound historic siding with new materials to achieve an
"improved" appearance.
· Historic wood siding is a distinctive feature of many Roanoke residences
and help to define the visual characteristics of a building.
Changing or covering siding can often alter or destroy the authentic
character of a building.
· Both new and historic siding requires periodic maintenance to give a
building proper weather protection.
· Retain existing siding: Identify and keep the orig/nal exterior siding
materials as well as any unique siding.
· Remember to repair problems, such as water penetration, before installing
vinyl siding.
Staff Comments:
St~fr.ecommends denial of the r.e. quest because the project is~inconsiaten.t.v~ ARB
gmdelmes. Furthermore, staffbeheves that the structure ha~-rn~_t_eg._agl..ceAssu~s that
cannot be addressed with the application of vinyl siding. Without a commitment to
address the moisture problems, staff believes that the building will continue to
deteriorate. This deterioration will likely be accelerated by the application of siding.
~07/18/2003 09:43 5408531200
PLANNING
PAGE
ATTACHMENT 1
87/08
The Board of Directors of Old Southwest Incorporated has approved this statement
regarding the use of synthetic siding irt our historic district:
The historic district of Oki 8outhwes~ is a valuable, asset to the City of: Roanol~e. The
value of Old SorJthwest comes from {he multitude .of architectural styJes .and the many
amhitectural, details that grace each hame. Whefller it be large, mansion, or small
bungalow, each house is unique in it's own way. Few other neighborhoods .in Virginia
contain so many dh,~rs~ examples of housing from ~ 1:890 and 1930~ City
Council 'has appointed and .charged the .Arch/tectural .Review Boar~ with ensuri~ t/~at
work on bail~irlgs in oar area. presarves, these architectural features and the historic
character of each building and of the neighborhood as a whole. We futly support ~heir
efforts to retain the e~isting forms, fea~res, and' n?raterials of historic prof;erties which
are the essence of our district, In addition, we endorse the Secretary of the Interior's
Standards for Rehabilitation: which am. based.' err the promise that ratenfio~ o~ historic
materials, features and. craftsmanship are of primary importance and that the use of
vinyt or aluminum siding is not recommended. Them=fore, we oppose the use of
synthetic siding on existing historic pmpertias unless no other option is available
becausel
1. Replacing or coveting wood siding severely dim~tshes :b'te uniq~le aspects of .historic
materials and. craftsmanship, in most cases, application of such materials entails
removal o]' coverage of architectural details sU~n as window headers, comer boards,
and distinctive, sidleg or shingle paffern$ and also flattens the 3 dimensk~nal.prot"~le
which makes each building unique.
2. Changes to character defining features of a building' also alter the visual relationships
between buildings_ 'When character defining details are covered 'or z~Ttoved ~m a
number, of buildings in a historic district, the character of the entire district may be
seriously damaged. _This has already occurred numerous times 'in 'Old 'Southwest.
Synthetic siding is used' with the impticefio, that /t is a maintenance free
However, it 'is frequently L~sed as a cosmetic fix over peeling paint, stains, or other
s_[gns of deterioration which can progress unnoticed to become major structural
problems _ltis not a substitute for proper repairs and ongoing maintenance,
VV;~h the advent of new, long duration paints, the argument that.synthetic siding is an
economical aitemative to a good paint job is not necessarily valid.
In summa~y, we believe, that if Old South,aa~t is to retain it's historic charm, it's
uniqueness, and i~'s reputation :as :one :of Virgiffia's outstanding historic dis~cts, the
use of synthetic sJd~g is inappropriate. Its use on existing, historic.structures should
not be .approved by the Architectural Review Board unless no off,er option is ava~ble.
The Board of Directors of Old Southwest, Inc. appredatas this opportunity to express
irs opinion on this matter. Thank. you.
Reference: ~al Par~ Service Historic .Pmservalfon Brief ~8, ~AJuminum and Vinyl
Siding. o~ Hlstor/¢ Buildings: The Appropriateness of Substitute Materials for
· Resurfacing. Historic Wood Frame Buildings".
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKF
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-ma c erk~ci.roanoke.va, us
June19,2003
File #249
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk'
Robert N. Richert, Chair
Architectural Review Board
415 Allison Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Richert:
A petition appealing a decision of the Architectural Review Board, for a Certificate of
Appropriateness, filed by Dana A. Walker, General Manager, H & W Properties, LLC, with
regard to property located at 702 Marshall Avenue, S. W., was before the Council of the
City of Roanoke at a regular meeting which was held on Monday, June 16, 2003.
On motion, duly seconded and adopted, the matter was referred back to the Architectural
Review Board, pursuant to Section 36.1-642(d), Code of the City of Roanoke (1979), as
amended.
Sincerely,
N~F,~k er, C~~~'~'
City Clerk
MFP:mh
pc:
~hn R. Patterson, Attorney, First Union Building, 213 South Jefferson Street, Suite
910, Roanoke Virginia 24011
Dadene L Burcham, City Manager
R. Brian Townsend, Director, Planning, Building and Development
Anne S. Beckett, Agent, Architectural Review Board
H:~Agenda.03\June 16, 2003 correspondence (PH).wpd
VIRGINIA;
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
PETITION FOR APPEAL
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City
of Roanoke (1979), as amended.
1, Name of Petitioner(s): H & W Properties LLC
2. Doing business as (if applicable): (Same)
4
Street address of property which is the subject of this appeal:
702 Marshall Avenue SW
o
Overlay zoning (H-l, Historic District, or H,2, Neighborhood Preservation
District) of property(ies) which,is the subject of this appeal: 5I-2
Date the hearing before the Architectural Review Board was held at which
the decision being appealed was made: May 8, 2003
Section of the Code of the City of Roanoke under Which the Certificate of
Appropriateness was requested from the Architectural Review Board
(Section 36.1-327 if H-1 or Section 36.1-345 if H-2): 36.1-345
Description of the request for which the Certificate of Appropriateness was
sought from the Architectural Review Board:
Installation of vinyl siding and corner boards
G~unds ~r appeal:
Sec 36.1-345 does not require a certificate of
appropriateness as long as the materials are of the
same design. The original request to the ARB was
modified to incorporate the use of the same design materials
per page 8 of the hearing minutes.
Name, title, address andtelephone numberofpe~on(s)who will
represent the Petitioner(s) be~m City Council:
John R. Patterson, Attorney, First Union Building
213 South Jefferson Street Suite 9~0
Roanoke VA 24011 342-5157
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
Name:
(print or type)
Name:
(print or type)
Signature of Petitioner(s) or
representative(s), where
app!ic_~le: ,
Dana A. Walker
Name: H & W Properties, LLC
(print or type)
General Manager
Name:
(print or type)
TO BE COMPLETED BY CITY CLERK:
Received by: Date:
~ 85/1~/2803 1S:!~ 5d08531230 P&~MNING P~GE 01/01
NcxtFage LivePublish Page 1 of 1
Sec. 36.1-345. District regulations; certificate of appropriateness.
(e) In order to encourage the preservation and enhancement of the district and encourage the rehabilitation
and new construction in conformance with the existing scale and cheractar of the dis~ct, the archit~'tural review
board shall review and approve the erection of new buildings or structures, Including signs, ~he clemolition,
moving, reconstruction, alteration or restoration, of existing structures end buildings, or redu~Jon in their floor
area, includin_q the enclosure er removal of a porch. No such erection, demolition, moving, reconstruction,.
atteration, restoration, or enJargement or reduction of a structure, or building, shall be undertaken wiffiout the
issuance of a certificate of appropriateness by the board, unless otherwise specified herein.
(b) The painting or ordinary maintenance of any building, structure or historic landmark in the district shall not
require a certificate of appropriateness. Ordinary maintenance shalJ be any activity relating to a building,
structure, or ~andmark which constitutes e minor alteration of any element of a building, structure, or landmark,
and which is, or s[~ould be, performed on a regular and relatively frequent basis to maintain architectural and
structural integrity,
lc) The installation or replacement of siding, or the replacement of pOrches, stairs, awnings, roofing materials,
windows, or other similar modifications to an element of a building, structure, or landmark shall net require a
certificate of appropriateness, provided that such installation er replacement is pa#on-ned using materials which
are of the same design as those on the building, structure or landmark, and provided that such installation or
replacement maintains the amhitectural defining features of the building, structure or lan~imark.
(d) The determination of whether an activity constitutes ordinary maintenance, or whether an installation or
modification otherwise requires a certificate of appropriateness, under this section shall be made by the zoning
administrator in consultation with the secretary to the architectural review board.
(e) Whenever a certificate of appropriateness is required, no building pen'nit shall be issued until the certificate
of appropdataness has been granted. The zoning administrator shall make routine inspections of the work being
performed pumuant to such building permit to ensure compliance with the terms of the certificate of
appmpristeness.
(f') This section shaJl not prevent the demolition or razing of abuiiding, structure, or historic landmark which the
building maintenance ~ede offioial certii~es in writing is required for public safety because of an unsaf~ or
dangerous condition.
(g) After an area has been zoned H-2, the architectural review board may recommend to the city planning
commission that more specific regulations be adopted for that particular district. This section shall be amended as
provided for in section 36.1-690, et seq.
(Ord. No. 28611, § 2, 4-27-87; Ord. No. 31177, § 1, 9-28-92; Ord. No, 35368, § 1, 5-21-
h~tp://~iv~pub~ish~munic~de~c~m/~9/~pext~/~nf~bas~49/~/2c9a/2f~/32ba/33~/33~?f--te~" 5/14/2003
Architectural Review Board
Board of Zoning Appeals
Planning Commission
Dana Walker
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 2401 !
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
May 12, 2003
H & W Properties, LLC
213 Jefferson Street, S.W., #1007
Roanoke, VA 24011
Dear Mr. Walker:
Subject: Application for a Certificate of Appropriateness
Certificate No. 03-011,702 Marshall Avenue, S.W.
On May 8, 2003, the ArchiteCtural Review Board of the City of Roanoke,
Virginial considered your request for installat on of vinyl siding on the bud ng at
702 Marshall AWn~el ~;w~'i an8 a'certificate Of Appropriateness was denied.
The Board found that the installation of the siding would not maintain the
architectural defining features of the building and was not appropriate.
If you are aggrieved by this decision of the Architectural Review Board,
you have the right to appeal the Board's decision to City Council within 30 days
of the date of the decision. Information on the appeals process is enclosed.
Please contact Anne Beckett a call at 853-1522 if you have additional questions.
Sincerely,
Martha P. Franklin, Secretary
City Architectural Review Board
/f
enclosure
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: ($40) 853-1730 Fax: (540) 853-1230
E-mail: pla nning~ci.roanoke.va.us
Dear Property Owner and/or Applicant:
Your request for a Certificate of Appropriateness will be heard by the
Architectural Review Board as set out on the enclosed agenda. Your attendance at the
meeting is required in order for the Board to make an informed decision on your
application. If you have a contractor or other representative, they are welcome to attend
the meeting with you.
Sincerely,
Martha P. Franklin, Secretary
Architectural Review Board
/f
enclosure
PLANNZN6
702 Marshall Avenue~ SW - [I-2 District
P~GE 8]./85
To '
B. I-I&W Properties, LLC represented by Dana Walker, for a Certificate of ~.~.,¢
Appropriateness approving installation of vinyl siding a~d corner boards on *. .........
Project Background and Description:
The project to install vinyl siding was commenced without a Certificate of Appropriateness.
Staff advised Mr. Walker to stop work on the project until ARB review.
Findings
The vinyl siding does not match the size and shape of the existing wood siding. The
bmlding, which contains five rental units, is in fair condition, and is in need of
maintenance and repair work to improve its appearance. For instance, the existing front
porch consists of 6-in. x 6-in. posts on a concrete pad with a shed roof covered with
asphalt shingles.
The H-2 Architectural Guidelines recommends the following:
Do not n~place sound historic siding with new materials to achieve an "inmroved"
appearance.
Historic wood siding is a distinctive feature of many Roanoke residences and help
to define thc visual characteristics of a building.
Changing or covering siding can often alter or destroy the authentic character of a
building.
Both new and historic siding requires periodic maintenance to give a building
proper weather protection.
Retain existing riding: Identify and keep the original exterior siding materials as
well as any unique siding.
StaffComments:
I reviewed the proposed request and recommend denial of the vinyl siding application
because the wood siding appears in good condition, is a character defining feature to the
house and neighborhood, and the vinyl siding docs not match the size and shape of the
existing wood siding. Thc proposed project is not crmzisient with the H-2 guidelines
because it is being msia.lied improperly on a building that still retains its historic restates.
.Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, $.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: ($40) 853-t230 '
E-mail: planning~ci.roanoke.va.us
City of Roanoke Architectural Review Board
City Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building
May 8, 2003 - 4:00 p.m.
AGENDA.
Call to Order.
Welcome to the May meeting of the City of Roanoke Architectural Review Board. Each application on the
agenda will be heard separately and in the order in which it appears, If you wish to be heard on a
particular matter, please be recognized in turn and then approach the podium so that the Board's
secretary may record the proceedings accurately.
II. Approval of Minutes: April 10, 2003
III. Old Business:
Request from Walter and Walter Properties, LLC, represented by Walt Derey, for a Certificate of
Appropriateness approving exterior modifications to house and garage at 433 Albemarle Avenue,
S.W.
Request from 123 East Campbell Avenue Associates, represented by Robert Szathmary, for a
Certificate of Appropriateness approving light fixtures at 123 Campbell Avenue, S.E.
Request from Physicians Associates of Virginia, represented by D. Baker & Co., Inc., for a
Certificate of Appropriateness approving roof and soffit modifications at 1310 Third Street, S.W.
(Request to continue until June meeting)
IV. New Business:
Request from 123 East Campbell Avenue Associates, represented by Robert Szathmary, for a
Certificate of Appropriateness approving rear wall modifications at 123 Campbell Avenue, S.E.
Req;Jest from H & W Propert es, LLC, represented by Dana Walker for a Certificate of
Appropriateness approving installation of vinyl siding and corner boards on structure at 702
Marshall Avenue, S.W.
Request from 10 East Church Avenue, LLC, represented by David L. Bandy, for a Certificate of
Appropriateness approving three signs at 10 Church Avenue, S.E.
Request from Faison Roanoke Office, Ltd., represented by Jason Bentley, for a Certificate of
Appropriateness approving replacement signage at 10 Jefferson Street, S.E.
Request from Sherwin Jacobs, represented by Tom and Darrin Beck, approving light fixtures at
309 Market Street, SE.
Effor[s will be made to provide accommodations, based on individual needs, for qualified individuals with disabilities, provided that reasonable
advance notification has been received.
[87/07/2003 16:12
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PLANNING
ARCHITECTURAL REVIEW BOARD
MAY 8, 2003
MINUTES
PAGE 8!/1!
The regular meeting of the City of Roanoke Architectural Review Board was held
on Thursday, May 8, 2003. The meeting was called to order at 4:01 p.m., by
Robert Richert, chairman. Board attendance was as follows:
Members Present:
Alison Blanton - late
Don Harwood
Robert Manetta
Kyle Ray
Robert Richert
James Schlueter
Members Absent:
Matt Prescott
Mr. Richert said that a request to continue the matter fram Physicians Associates
of Virginia had been received. He said the matter would be considered in June.
The following items were considered;
1. Approval of Minutes - April 10, 2003.
Mr. Richert asked for additions and/or corrections to the April 10, 2003, minutes.
There being none, he declared the minutes approved as wdtten.
Request'from Walter and Waiter Preperties LLC represented by Walt
Derey, for a Certificate of ADDreDriateness appmvin.q extedor
modifications to house and ,qara,qe at 433 Albemarle Avenue, S.W.
Mr. Richer[ asked Mr. Derey if there were any changes to application.
Mr. Derey said there were not. He said that the Board had requested more
information on the products that would be used. He showed the Board samples
of the vinyl siding he proposed to use on the sides and rear of the structure. He
also showed how it would wrap around the windows, doors and comer boards.
He showed the type of crown molding he proposed to use and showed how it
would fit into the soffit. Mr. Derey said that Mr. Schlueter had looked under the
T-111 siding on the garage and found asbestos and fiberboard.
Mr. Harwood said that the designer of the siding matedal intended it to run
perpendicular to the house as opposed to parallel. He said that if the applicant
was going to use vinyl soffit material, he would need to request the installer to
turn it parallel and that it needed to be beaded soffit material. Mr. Harwood
encouraged Mr. Derey to leave the soffit material painted, because coveting over
'~7/07/2003 15:12 54085312~0 PhANNIN~ P~E 02/11
Architectural Review Board
Page 2
May 8, 2003
the soffit material sometimes caused further damage if there was leakage or
other problems.
Mr. Derey said the bidden gutters were in good shape, but the soffit matedal i~ad
been butchered.
Mr, Harwood asked if the fascia was being covered.
Mr. Derey said that he was going to do a vinyl wrap, with break metal
components.
Mr. Harwood asked Mr. Derey if he was okay with using beaded soff'~ material
and turning it parallel.
Mr. Derey said that was fine.
Mr. Ray asked if the siding was going to be two different widths,
Mr. Derey said there would be double Dutch lap and triple lap sidings installed.
Mr. Richer[ asked how the siding would transition around the front corner, since
the front of the house was not going to be sided.
Mr. Derey said that the finish would be on the side.
Mr. Richer[ clarified that Mr. Derey had modified the original request to side the
entire house, to now include only the rear and two sides.
Mr. Harwood said he had a real problem with leaving one side exposed. He said
that he thought we would wind up with a stranger situation by having siding on
three sides. He said he would be in favor of going back to the odginal proposal
and doing the entire package.
Mr. Schlueter asked Mr. Derey if he had looked into the railing.
Mr. Derey said it should not be hard to replicate the railing.
Mr. Richer[ commented that the odginal application did not speak to railings.
Mr. Derey said that all the revisions were in the staff report.
Ms. Beckett said she agreed with replicating the porch, She also said she felt the
T-111 siding should come off and she did not think synthetic siding should be
installed over good wood siding.
Mr. Richert asked for audience comment.
07~07/2003 1~:12 5~08531230 Ph~NNIN~ P~6E 03/11
Architectural Review Board
Page 3
May 8, 2003
Marwood Lareon Harris appeared before the Board on behalf of the Board of Old
Southwest, Inc. (OSW). He said the OSW Board was very excited about making
a transition from a boarded-up house to an occupied home, but were surprised
by the vinyl being proposed. He said it was a perfectly good wood structure and
the OSW Board was concerned that the Architectural Review Board was
seriously considering the proposal. He said that Albemarle Avenue was no
longer hanging by a "strong thread" and could be weakened by having houses
clad in vinyl. He said the Board of OSW would urge the Board not to approve the
project as it stands.
Mr. Talevi called Section 36.1-345(c) to the Board's attention and said the Board
needed to focus on whether the siding proposed was a matedal of the same
design of that on the building and whether the proposed material maintained the
aml~itectural defining features of the building.
Mr. Richert said that he believed both City Council and the H-2 guidelines,
established by this Board and endorsed by City Council, allow the ARB to deny
the covering of building with a synthetic material in a historic district, based on
the definition of what similar materials are. He said that in the guidelines under
siding, it states very specifically, "do not replace sound historic siding with new
material to achieve an improved appearance." He said that tl~e rush to do that
had convinced him that if the Board did not bring this to a halt, the Board would
continue to do irreparable harm and damage to the H-2, historic district. He said
he would no longer be a party to this desecration. With regard to this specific
application, he said he believed that the siding on the building was not only
sound, but did not even need paint. He said that while the restoration of the front
fac~ade was a most desirable, absent a substantive motion to exclude the vinyl
cladding of the main structure and the carriage house until the current
inappropriate siding has been removed, so we can make an accurate
assessment of the underlying condition, he would vote no on the request. He
said he firmly believed that the future of the histodc district was severely in
danger and he would no longer support these request, barring overwhelming
evidence that siding was the only alternative.
Mr. Talevi asked if there was a carriage house involved in the application.
Mr. Richert said that it was being referred to as a garage.
Ms. Beckett commented that it was almost virtually impossible to match vinyl
siding with the existing wood siding. She said that the structure in question had
three different styles of wood siding.
Mrs. Blanton arrived at 4:20 p.m.
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Amh~e~ural Review Board
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May 8, 2003
Mr. Harwood said that he was finding himself on both sides of the issue. He said
when he had first seen the structure, he was struck by the uniqueness of the
siding on the lower half of the house and the fact that it was in faidy good shape.
He also said that he felt the applicant had put forth a good effort to bring details
about the vinyl siding he planned to use. He said the idea of leaving the front of
the house as exposed wood struck him as odd. He said the Board was
established to maintain the character and this building had not had deterioration
over the years and was in fairly good shape. He agreed that a little more
maintenance would be required.
Mr. Manetta said that he did not see anything in the staff report that addressed
the materials below the front porch, He said that he did not think what was them
now fell within the guidelines.
Ms. Beckett suggested that that plywood panels be removed and that lattice and
plantings be installed.
Mr. Manetta said that he did not know what was appropriate and he was
uncomfortable with just saying it would be changed. Mr. Manet'la also
commented on the carriage house/garage. He said them had been evidence by
Mr. Schlueter that there was nothing under the siding, so he did not have any
problem with applying vinyl siding to the garage and that would be an
improvement. He said that the vinyl siding on the house was another issue and it
mystified him why they wanted to put vinyl siding on it anyway,
Mr. Demy commented that the profile of the siding matched the profile on the
bottom Of the house and that the novelty siding on the top was almost a match.
Mr, Talevi asked Mr. Derey if he had any written information on the siding.
Mr. Demy said he could provide that. He also said he would be glad to work with
staff on the wooden lattice work below the porch.
Them being ne further discussion, Mr. Richert said that a motion was on the
table. He asked for a mil call vote. The request was denied by a roll call vote of
1-5, as follows;
Mrs. Blanton - no
Mr. Harwood - no
Mr. Ray- no
Mr. Manetta - no
Mr. Schlueter - yes
Mr. Richert - no
07/g7/2003 ~6:12 540853~230 PLANNZN6 P~GE 05/~2
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Page 5
May 8, 2003
Request fnm 123 East Campbell Avenue Associates. reonsented by
Robert Szathmary, for a Certificate of Appropriateness aDprovinq liqht
fixtun s of 123 Campbell Avenue, S.E.
Request from 123 East Campbell Avenue Associates, represented by
Robert Szathmary, for a Certificate of Appropriateness aopnvin.q rear wall
modifications at 123 Campbell Avenue, S.E.
Mr. Szathmary was not in attendance to present the requests. The Board moved
both items to the end of the agenda. Mr. Szathmary still was not in attendance at
the end of the agenda; therefore, the Board continued the matters until their June
meeting.
Request H & W Properties, LLC. reDnsented by Dana Walker, for a
Certificate of ApDnoriateness apprOvin.q installation of vinyl sidinq and
corner boards on structure at 702 Marshall Avenue, S.W.
Mr. Richert asked Mr. Walker if he had anything to add to his request.
Mr. Walker responded that he did not.
Mr. Richert said that in reviewing the staff report, then seemed to be some of the
same issues on this request as there were on the previous one,
Mr. Harwood asked what size siding was on the structure.
Mr, Walker n sponded that there were 4x4s on the nar of the house and 5xSs on
the front. He said that his contractor had already started the job using 4x4 Dutch
lap siding.
Mr. Harwood asked the condition of the siding.
Mr. Walker said that it was in pretty fair shape, but the problem was that they
could not keep paint on the house-
Mr. Harwood asked when the gutters were.
Mr. Walker nsponded that there had been nogutters on the house since he
owned it.
Mr, Harwood said he suspected the problem was moistun probably caused by
the lack of guttering,
Mr. Richert said he also cted then was a moisture pnblem. He said that the front
porch and dormer had been modified to the point that the house was in sad
Architectural Review Board
Page 6
May 8, 2003
condition. He said he felt the house deserved better than vinyl siding and his
position was well documented and he would not support vinyl siding on the
building.
Mr. Walker said he was trying to improve the property and he did not know them
was such a problem with vinyl siding.
Mr. Talevi directed the Board's attention to Section 36.1-345(c) and wanted the
Board to note when a Certificate of Appropriateness was required and when was
a Certificate was not required, as it applied to vinyl siding.
Mr. Richert asked for audience comment.
Mr. tarwood Harris appeared before the Board on behalf of the Board of OSW
and said he had similar sentiments as before. He said that just covedng the
house would set a negative tone for the block and OSW urged the homeowner to
do what the house needed.
Mr. Talevi asked for clarification between 4x4 and 5x5 siding.
Mr. Walker explained the difference, noting that he was planning to cover the
entire house with 4x4.
Mr. Talevi said that the Board had to make a finding as to whether them was a
difference between 4x4 and 5x5.
Ms, Beckeff said that she thought the siding was different and she felt the
structure could be painted. She said that Mr. Walker needed to investigate the
moisture problem and she recommended denial.
Mr. Marietta questioned whether there was anything unique about the siding on
this structure.
Ms. Beckett responded that it was not unique or decorative.
Mr. Richert said that the Board tried to give people an opportunity to take
advantage of meeting with staff' and a few Board members to discuss
alternatives. He advised Mr. Walker that if his request was denied, then it would
be a year before he could come back with the same request. He noted that the
applicant could request a continuance.
Mr. Walker said that on the other corner a projeCt had been completed with the
same siding.
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Page 7
May 8, 2003
Mr. Richert said that was done illegally. He said he realized that there was a
precedent, but the Board was trying to move toward better things and was trying
to be consistent and not be bound by precedent.
Mr. Manetta said he saw a difference between this building and the last one. He
said that his concern was not so much that you would be putting on vinyl siding,
but that the applications were being done in such a way that it was taking away a
lot of the architectural elements of the buildings_ He said he would tike to take
another look at this structure.
Mrs. Blanton said that she thought there was an issue et' deciding whether or not
this was a character-defining situation. She applauded Mr. Walker's attempt to
paint the building. She said she was concerned about the moisture problem and
possibly covedng the problem up with the siding and causing further
deterioration.
Mr. Walker said that if there was a reasonable way to do this, he would
encourage the Board to attempt to maintain a finer line in the City's higher value,
more desirable streets of Old Southwest and perhaps relax the standards
somewhat as long as properties were being improved on Day and Marshall. He
said he would be willing to consider one of the two things suggested by Ms.
Blanton in return for the Beard's consideration in letting him complete the project.
He said he would consider pulling offthe 4x4s and putting on all 5X§S or
completing the entire project wltt~ 4x4s, and making some improvement to the
front porch,
Mr. Richert told Mr, Walker that that type of negotiation needed to take place
outside the hearing. He said that the Board suggested meeting with staff and a
few Beard members to iron out those types of details.
Mr. Harwood asked what was being done about the window wrap and Mr. Walker
responded that he had not been wrapping the windows. There was discussion
about the procedure for wrapping windows and the lack of window profile once
siding was applied without the window wrapping.
Mr. Manetta commented that Mr. Walker might want to meet with two members
of the Board and staff te come back with a different proposal.
Mr. Walker asked if the Board would approve either of the two options he
proposed.
Mr. Richert said he did not know, but he had been clear on his position.
Mr. Talevi cautioned the Board against "home trading." He said the issue was
architectural compatibility.
'0??07/2003 %5:12 5488531238 PLANNING PAGE
Architectural Review Board
Page 8
May 8, 2003
Mr. Walker said he would like to change his request from siding with 4x4s to
using all 5xSs.
Mr. Richert asked for comments on the modified proposal.
Mr. Harwood asked if the applicant would be wiling to modify his application to
say that he would use the window and door treatments with the integral "J"
channel system. There was further discussion about the "J" channel systems.
Mr. Walker said he would do 5xSs and tdm with the "J" channels.
Ms. Beckett said that even with the modified request, she would still say that the
house needed care other than vinyl siding and would still recommend denial.
There being no further discussion, motion was made by Mr. Harwood to approve
the modified application using 3 1/2 "exposure main "J" channel around all
windows and doom as wail as the comer trim; and that the 5' exposure siding be
used in lieu of 4". The motion was seconded by Mr. Manetta.
Mm. Blanton said that staff did not have any sample of the siding and she was
uncomfortable voting for this, She said she appreciated Mr. Walker working with
the Board, but was uncomfortable voting without seeing any materials,
Mr. Harwood asked Mr. Walker if he intended to install downspouts and gutters.
Mr. Walker said there had been no discussion about that and would possibly be
done later.
A rail call vote on the motion was taken and the request was denied by a vote of
2-4. as follows:
Mrs. Blanton - no
Mr. Harwood - no
Mr, Ray - no
Mr. Manetta- yes
Mr. Schleuter - yes
Mr. Richert- no
Mr. Manetta said that he thought the whole vinyl siding issue was murky. He
said that he thought the ordinance dealing with this was a gray area and he could
not, as a member of the Board, give anyone any guidance on vinyl siding. He
said that the Code allows it.
Mr. Talevi asked what Mr. Marietta found to be murky.
"8?/07/2003 ~B:Z2 ~08~3~230 PL.~NNZN~
Architectural Review Board
Page 9
May 8, 2003
Mr. Manetta said that the words "same design" were a problem. He suggested a
work session on the issue.
Mr. Richert asked Ms. Beckett to arrange a work session.
Reauest from 10 East Church Avenue, LLC, represented by David L.
Bandy, for a Certificate of Appropriateness approvinq three siqns at 10
Church .Avenue, S .E.
Mr. Bandy appeared before the Board and said that he had originally requested
Plexiglas inserts, however, his clients no longer wanted the Plexiglas. He said
that was the only modification to the request for signs.
Mr. Riched asked for comments.
There being no questions from the Board and audience, Mr. Richert asked for all
those in favor of the request. The request was approved by a vote of 6-0,
At the conclusion of his presentation, Mr. Bandy said that as a previous ARB
member, he had continually dealt with the vinyl siding issue. He said that four
years ago he had suggested that the historic districts move completely away
from allowing vinyl siding, He said that heady paint and other materials were
available that could more than take care of those types of issues.
Request from Faison Roanoke Office, Ltd., represented by Jason Bentley,
for a Certificate of Appropriateness approvinq replacement signaqe at 10
Jefferson Street, S.E.
Mr. Richert asked Mr, Bentley if he had anything to add to the request,
Mr. Bentley responded that they planned to use a new "L" clip.
Mr. Manetta asked if the signs would be on both sides of the tower.
Mr. Bentley said the signs would be on the north and south sides.
Mr. Harwood questioned the placement of the sign, noting that the drawing
showed the lettering outside of the arched area.
Mr. David Kinsey with Kinsey Crane and Sign appeared before the Board and
said that he would be doing the installation. He said that the top of the "VV" would
come to the edge contour. He said it would be right at the radius.
Mr. Ray asked that the applicant make sure that the lettering fit within the glass
area.
87/07/2003 16:12 5488531230 PLANNING P~GE 10/11
Architectural Review Board
Page 10
May 8, 2003
There being no further discussion, Mr. Richer~ asked for all those in favor of the
request. The request was approved by a vote of 6-0.
Request from Sherwin Jacobs, represented by Tom and Darrin Beck,
aporovin(~ li(~ht fixtures at 309 Market Street, S.E.
Mr. Richert said that the petitioners thought there may be extenuating
circumstances precluding them from attending the hearing, They were not
present, Mr. Richer[ said that this was a rather peculiar situation in that the
property owner had agreed for the tenant to make the request end for the Board
to make their thoughts known, however, a letter from the owner stated that he did
not expect to allow the tenant to install the lights. He said that the request was to
erect three wall-mounted lights, as well as a hanging light over the front doer. He
said that it seemed like overkill to him. He said that perhaps the hanging light
over the door and one light in the center piece of the windows would be
appropriate.
Ms. Beckett said the tenant would like two lights that would frame their logo. She
said if the Board was going to approve only one light in the middle, she would like
to see a larger light.
Mr. Talevi said he had just read the letter from Mr. Jacobs and he was concerned
that the Board was going ahead with an application where the owner was not In
accord.
Ms. Beckett said that she had talked with Mr. Jacobs and he was concerned
about lighting.
Mr. Talevi asked if the lights would encroach in the City's right-of-way.
Mr. Richer[ said that it would extend out from the building.
Mr. Talevi said that an encroachment permit may be needed and he suggested
that if the Board issued a Certificate of Apprepfiateness, they may want to
discuss the need for an encroachment permit.
Ms. Beckett said she would discuss that with the tenant.
Ms. Blanton asked if the tenant still wanted to hang a light over the door.
Ms. Beckett said that he did.
Mr. Harwood asked if the hanging lamp would be a replacement.
Ms, Beckett said it would be a replacement.
~'87707/2003 18:12 5408531230 PLAhtNIMG PAGE 11/ii
Architectural Review Board
Page 11
May 8, 2003
Mr. Manetta said that it was his personal opinion that there was enough going on
in the Market area and that two lamps were not needed. He said he was not
concerned about the hanging lamp.
Mr. Richer[ said he thought the original request for four lights was too much,
There being no further discussion, Mr, Harwood moved to approve 2 wall
mounted Iights, Revere 8201; and that the hanging light fixture be replaced with a
Revere fixture. The motion was seconded by Mrs, Blanton and approved by a
roll call vote of 4-2, as follows:
Mrs. Blanton - yes
Mr. Harwood - yes
Mr. Ray - yes
Mr. Manetta- no
Mr. Schleuter - no
Mr. Richert - yes
There being no further business to come before the Board, the meeting
adjourned at 5:33 p.m.
BLOCK PRIDE ASSOCIATION OF
DAY & MARSHALL AVENUES
~17 ~ixth ~treet, $.W.
Romote, VA 2~016
Lewi~Re~rv~jahoo.com
To: Members of Roanoke City Council
Block Pride Association of Day & Marshall Avenues is a group of approximately 30
homeowners and renters of Day & Marshall Avenues, plus many volunteers, who have
been very active in the last 8 years cleaning up our neighborhood in The Southwest
Historic District by having what we call Block Pride Clean-up Festival twice a year. With
the encouragement and support from The City of Roanoke, the Departments of Public
Works & the Department of Solid Waste Management, and Clean Valley Council, we have
helped to motivate all homeowners, property owners, and residents, to help clean-up all
debds and bulk items from our streets, yards and alleys in a 10 block area.
Because of Block Pdde we have:
-Promoted Major Revitalization
(currently there are 12 homes being restored to their odginal Histodc character)
.Had remarkable Increases in Property Values
.Removed on average 12 tons of debds during each clean-up
.Improved the Quality of Life and Safety for our residents
(by getting to know our neighbors)
-Encouraged Neighborhood Pride
In just three (3) months of this year, 2003, seven (7) homes have been sold on Day &
Marshall Avenues, to energetic people who will be restoring and living in these amazing
Histodc structures. This is extremely encouraging to the growth & vitality of downtown
living!
We urge you to help us continue the trend of revitalization and restoration of our Histodc
Districts by advising all property owners to abide by the H2 Guidelines endorsed by
Roanoke City Council and the standards set by Histodc Districts in the Commonwealth of
Virginia and the National Park Service.
This brings us to the issue at hand.
702 Marshall Avenue, located in the Southwest Histodc District, owned by Dana Walker,
has been a rental unit for approximately 20 years. It has five (5) units, which are rented to
iow income tenants. It has been neglected for years, just taking care of the most minimum
repairs to pass rental inspection. The house is missing gutters, a safe front porch, and, as
it was stated dudng an ARB meeting, that this house has major moisture issues and the
paint will not adhere to the exterior of the house. This leads us to significant health issues.
Where there is unending moisture, mold and mildew will become an incessant health
problem.
Now Mr. Walker wants to cover the original Historic fabdc of the house with synthetic
siding. Siding has been proven to 'Seal In Moisture' if a problem already exists. In other
words, increasing the moisture problem which can lead to dreadful health problems for
the tenants and destroy the house while decreasing the property value.
As residents of Day & Marshall Avenues we are saddened by one of Mr. Walker's
short-sighted questions made during an ARB Meeting (in which there was a unanimous
decision by the board members to deny Mr. Walker's request to cover the Histodc fabdc of
his house), "The Board (ARB) should have a more lenient standard for properties on Day
& Marshall Avenues." This statement reflects a perception that is out of touch and
unwarranted. As stated above, there are many hard working people making a difference
in this Histodc neighborhood, bdnging back the structural integrity and original architectural
features of these Histodc homes and at the same time building a strong community.
702 Marshall Avenue is a very visible structure and the architectural features need to be
restored. It is an eyesore as it stands and will become an even greater problem if the
moisture issues are not addressed and the Histodc fabdc of the house is changed.
We urge you to consider all of the facts for this house,
-It is located in a National Histodc District.
.Its Histodc integrity is being neglected.
.It is highly visible.
.The Neighborhood is under major Revitalization
-Moisture is an issue in the house.
-Health problems will adse, if not already.
.The house will decay if the Histodc Fabdc is changed and the City of Roanoke
will loose another Historic structure.
As a final note, we would like to invite you, all Members of City Council, Ms. Burcham and
Mr. Walker on a Walking Tour of Day & Marshall Avenues and our Homes, in order to show
you the progress of our restorations and the vitality of our Historic neighborhood.
When would you like to set a date?
Thank you for your time.
Sarah EK Muse
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenne, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke, va.us
August 18, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
H & W Properties Appeal of Architectural Review Board
Decision - 702 Marshall Avenue, S.W.
Background:
On May 8, 2003, the Architectural Review Board (ARB) considered H&W
Properties, LLC, by Dana Walker, request for a Certificate of Appropriateness
approving synthetic siding being installed on a five-unit dwelling at 702 Marshall
Avenue, S.W.. Mr. Walker stated that he was not able to keep paint on the
house, and wanted to add the vinyl siding in order to improve the property. Some
Board members expressed concern that the house was suffering from moisture
damage because of a lack of gutters and downspouts, which prevented the paint
from adhering to the house.
Staff advised that synthetic siding is permitted in the H-2 District, provided that
materials of the same design are used, and the architecturally defining features
of the building are maintained. The project was not using materials of the same
design, and therefore, required ARB review.
At the ARB meeting, Mr. Walker proposed different size siding materials and
improvements to the front porch, stating that the Board should have a more
lenient standard for properties on Day and Marshall Avenues.
The motion to approve the application failed by a 2-4 vote. Board members
voting against the application stated that the proposal was inconsistent with the
guidelines because the proposed siding did not match the size and shape of the
existing siding, window and door details and material samples were not
submitted. The Board also stated that siding is a character defining feature of
the house. It was also noted that the house is suffering from moisture damage
that the improper installation of siding could exacerbate. Mr. Walker was formally
notified of the denial and of his right to appeal to City Council by letter dated May
12, 2003.
Mr. Walker filed an appeal of the Architectural Review Board's decision on June
5, 2003, and was heard by City Council June 16, 2003. City Council requested
that Mr. Walker return to the ARB with more details for his proposal.
On July 10, 2003, the ARB considered Mr. Walker's amended application (See
Minutes: Attachment A). Mr. Walker proposed to remove the 4x4 Dutch-lap vinyl
siding that he previously had began to install, and replace it with 5x5 Dutch-lap
vinyl siding, add an integral J-channel door and window trim, provide three
options on corner boards, replace loose or missing original boards, and add
gutters and downspouts. Staff remained concerned with the proposal because
the building lacked regular maintenance, and needed to be repaired because of
moisture problems due to a lack of gutters and downspouts. The application of
synthetic siding for an improved appearance is not consistent with the H-2
Architectural Guidelines.
Comments from members of the Board included that a building should only be
covered with synthetic siding under the most compelling circumstances, because
it is not consistent with the architectural character of the historic district. Members
stated that encasing the building would allow further deterioration of the original
material. The motion to approve the application failed by a 0-5 vote. Mr. Walker
was formally notified of the denial and of his right to appeal to City Council by
letter dated July 11,2003.
Mr. Walker filed an appeal of the Architectural Review Board's decision on
August 1,2003 (Attachment B),
Considerations:
Section 36.1-345(c) of the Zoning Ordinance provides:
"The installation or replacement of siding...shall not require a certificate of
appropriateness, provided that such installation or replacement is
performed using materials which are of the same design as those on the
building, structure or landmark, and provided that such installation or
replacement maintains the architectural defining features of the building,
structure or landmark. [emphasis added]
The H-2 Architectural Design Guidelines adopted by the ARB and endorsed by
City Council state that historic wood siding is a distinctive feature of many
Roanoke residences and that changing or covering siding can often alter or
destroy the authentic character of a building. The guidelines further recommend
the following be considered specifically when evaluating the installation of
synthetic siding:
· Do not replace sound historic siding with new materials to achieve an
"improved" appearance.
· Historic wood siding is a distinctive feature that helps to define the visual
characteristics of a building.
· Retain existing siding: Identify and keep the original exterior siding
materials as well as any unique siding.
Recommendation:
The Architectural Review Board recommends that City Council affirm the ARB
decision and thereby deny the issuance of a Certificate of Appropriateness.
Sincerely,
Robert N. Richert, Chairman'~"~'
Architectural Review Board
CC;
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
R. Brian Townsend, Director, Planning Building and Development
Anne S. Beckett, Agent, Architectural Review Board
City of Roanoke Architectural Review Board
July 10, 2003
Page 4
Mr. Harwood - yes
Mr. Ray - yes
Mr. Manetta- yes
Mr. Prescott - yes
Mr. Richert - yes
ATTACHMENT A
DRAFT
Request from H & W Properties, LLC, represented by Dana A. Walker for
a Certificate of Appropriateness approving the installation of vinyl siding
and corner boards at 702 Marshall Avenue, S.W.
Mr. Richert asked Mr. Walker if he had anything to show the Board.
Mr. Walker said he would like to request that the following list of amendments
and changes be noted in the minutes of the hearing.
proposing to remove the 4x4 Dutch Lap siding and "J" channel and
corner boards and replace them with 5x5 Dutch Lap siding. He
said that he was proposing integral "J" channel for windows, doors
and corners.
proposing to wrap the window facings;
proposing to let the Board choose between 3 options on the corner
boards: (1) traditional; (2) fluted; or (3) 3 piece rounded center;
proposing to secure or replace loose or missing original boards;
proposing to install gutters and downspouts
He said that all of the items had been concerns at the last hearing. He then
showed a sample of the 5x5 Dutch Lap siding, as well as the integral "J" channel
for the windows and doors. He also showed samples and photographs of the 3
types of corner boards. He said the 3 piece rounded was designed to look like
what was on the building at present.
Mr. Richert asked for comments.
Ms. Beckett said that she still believed that the request was not consistent with
the H-2 guidelines. She said that she thought the house should be repaired
before any vinyl siding was considered.
Mr. Walker said that he had asked Ms. Beckett about the specific repair issues
that should be addressed and he was still waiting on an answer.
Ms. Beckett said that there were a lot of moisture issues because of the lack of
gutters and she thought the vinyl siding would trap more moisture and accelerate
the deterioration of the building.
City of Roanoke Architectural Review Board
July 10, 2003
Page 5
DRAFT
Mr. Walker pointed out that the window trims were the same size, but the door
trims were two different sizes. He said he would cut down the window facings to
five inches, and on the door, he would come up with something consistent.
Mr. Richert questioned whether it would be the same or 3 ¼"
Mr. Walker said that he thought it would look better at five inches to match the
windows.
Mr. Harwood questioned why siding was being considered for the building. He
asked if the wood siding was deteriorated. He questioned whether the Board's
thinking was more that vinyl siding may be appropriate for new construction or
when something would not hold paint.
Mr. Walker said he had struggled over the years to keep paint on the building
and the long-term cost effectiveness.
Mr. Richert said that it was his opinion that unless a building was a major
disaster, that the covering of the historic buildings in the historic district was
inconsistent with the architectural character of the district. He said the request
did not meet the criteria for him and he was not going to support the request. He
said that casing the building would allow further deterioration.
Mr. Walker quoted from Section 36.1-345 of the Code and noted that it did not
say that you had to use the same materials.
Mr. Richert asked for audience comment.
Mr. David Lazarchik (364 Walnut Avenue) appeared before the Board and read a
prepared statement from Old Southwest Inc. This statement is attached to the
minutes and labeled Attachment 1.
Mr. Peter Krull (609 Woods Avenue) appeared before the Board and said that he
had dealt with an issue regarding vinyl last year, however, his request was in the
rear of the house. He said that this one was in the front. He commented on the
new paint products available and the workshop that had been held at an Old
Southwest meeting, with City staff, on long-term paints.
Mr. Prescott said that the Board had been talking about not approving any more
vinyl siding unless there was no other option. He asked if that was in line with
the City Code.
Mr. Richert said that the current ordinance gave the Board the authority to make
a decision based on the architectural appropriateness and that was his basis for
objection.
City of Roanoke Architectural Review Board
July 10, 2003
Page 6
Mr. Prescott asked the City Attorney's opinion.
Mr. Gary Tegenkamp also read Section 36.1-345 noting when a certificate of
appropriateness was not required for installation or replacement of siding. He
said it was a judgment call by the Board.
Mr. Prescott asked if Council had referred the matter back to the Board for more
details.
Mr. Richer/said that Council had told the applicant he had not followed the
proper procedure.
Mr. Walker asked why all this time was being spent attempting to justify the
Board's position and not being spent trying to change the Code.
Mr. Richer[ said that was being done.
Mr. Richert then stated it seemed the only matter that had not been resolved was
the corner boards.
Mr. Harwood said he would use the rounded three piece.
Mr. Richer/asked the Secretary to poll the Board.
The request was denied by a roll call vote of 5-0, as follows:
Mr. Harwood - no
Mr. Ray- no
Mr. Manetta- no
Mr. Prescott - no
Mr. Richer/- no
Request from Tiberius Enterprises, Inc., represented by Si.qn Design, for n
Certificate of Appropriateness approvin.q si.qnaqe at 1328 Second Street,
S,W., Official Tax No. 1030706.
Mr. Dan Moore from Sign Design appeared before the Board and said he was
open to any suggestions the Board might want to make relative to the sign.
Mr. Harwood said that Board members on the tour had discussed the "v" shaped
sign and were not in favor of it. He said that the sentiment had leaned toward a
sign perpendicular to the building.
ATTACHMENT B
VIRGINIA;
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
r-~ -.t-I i
rETI, ,ON FOR APPEAL
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36. lmo42(d)of the Zoning Ordinance of the Code of the City'
of Roanoke (1979), as amended.
1. Name of Petitioner(s): H & W Properties, LLC
2. Doing business as (if applicable): ( Same )
Street address of property which is the subject of this appeal:
702 Marshall Ave. S.W.
o
Overlay zoning (H-l, Historic District, or H-2, Neighborhood Preservation
District). of property(ies) which is the subject of this appeal: ~- 2
Date the hearing before the Architectural Review Board was held at which
the decision being appealed was made: Hay 8, 2003 lst~ Hear±rig
Juiy 10~ ZOO3 2nd ~earing
Section of the Code of the City of Roanoke under which the Certificate of
Appropriateness was requested from the Architectural Review Board
(Section 36.t-327 if H-1 or Section 36.1-345 if H-2): 36.1-345
Description ofthe mquest ~rwhichthe CeAiflcate of Appropdateness was
soughtfrom the Architectural Review Board:
Installation of v~nyl siding~ corner boards~ window and
door facings
8~
Groundsforappeal: Sec 36.1-345 does not require a certificate
of appropriateness as iong as the materials are ot the same
des.,gn and malntaln the architectural defining features of
the buildi~,g. P~g~ 4 of th~ mi~,ut=~ vf '~ ......
Name, tiUe, add~ssandtelephone numberofpe~on(s)who wilt
represent the P~it~ner(s) before City Council:
Dana A. Walker, General Manager, H&W Prooerties. I.T.C
c/o Hail Assoc. inc. 213 S. Jefferson Street #1007
Roanoke, Virginia 24011 580 - 5038
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
Name:
(print or type)
Name:
(print or type)
Signature of Petitioner(s) or
representative(s), where
applicable:
Name: Dana A. Walker
H ( 'nt or e
&W P~rrope~'~ s, LLC
General Manager
Name:
(print or type)
TO BE COMPLETED BY CITY CLERK:
Date: 0'7-3/-03