HomeMy WebLinkAboutCouncil Actions 11-17-03
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36538-111703
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 17, 2003
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--Roll Call.
The Invocation was delivered by The Reverend Charles Calloway,
Pastor, Maple Street Baptist Church.
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, November 20 ,
2003, at 7:00 p.m., and Saturday, November 22, 2003, at 4:00 p.m. Council
meetings are now being offered with closed captioning for the hearing
impaired.
1
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 A VENUE,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
ACROBA T 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 HOME PAGE AT
WWW.ROANOKEGOV.COM. TO OBTAIN AN APPLICATION.
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REGULAR SESSION
2. PRESENTATIONS AND ACKNOWLEDGMENTS:
A resolution recognizing Alphonzo L. Holland, Sr., as the City of Roanoke
2003 Citizen of the Year.
Adopted Resolution No. 36538-111703 (7-0)
File #496-1
Presentation of awards for financial reporting achievements.
File #184
Proclamation declaring November, 2003 as Home Care and Hospice Month.
File #3
3.
CONSENT AGENDA
APPROVED (7-0 )
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION, THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-l Minutes of the regular meeting of Council held on Monday, October 6,
2003, and recessed until Friday, October 17,2003; the special meeting held on
Wednesday, October 15,2003; and the regular meeting held on Thursday,
October 23,2003.
RECOMMENDED ACTION:
Dispense with the reading of the
minutes and approve as recorded.
3
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)(l), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
File #110-132
Concur in the request,
C-3 A communication from S. James Sikkema, Executive Director, Blue
Ridge Behavioral Heal thcare, recommending concurrence in the reappointment
of John M. Hudgins, Jr., as an at-large member of the Blue Ridge Behavioral
Healthcare Board of Directors, for a term ending December 31, 2006.
RECOMMENDED ACTION:
File #110-314
Concur in reappointment,
C-4 A communication from Michael F. Urbanski tendering his resignation
as a member of the Virginia Western Community College Board.
RECOMMENDED ACTION:
Accept the resignation and receive
and file the communication.
File #11 0-467
C-5 A communication from Brian Shepard tendering his resignation as a
member ofthe Parks and Recreation Advisory Board and the Roanoke Valley
Greenway Commission.
RECOMMENDED ACTION:
Accept the resignation and receive
and file the communication.
File #110-67-379
C-6 Qualification of the following persons:
Debbie Conner as a member of the Roanoke Civic Center
Commission, for a term ending September 30, 2006;
File #110-192
4
F. Gordon Hancock as a Director of the Industrial Development
Authority of the City of Roanoke, for a term ending October 20,
2006; and
File #110-207
Jon Stephenson as a member of the Architectural Review Board,
for a term ending October I, 2007.
File #110-249
RECOMMENDED ACTION:
Receive and file.
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
a. Request of College Evangelical Lutheran Church to address Council
with regard to installation of a septic system on property located on
Manning Road, N. E. Paul R. Dotson, Spokesperson. (Sponsored by
Vice-Mayor Harris and Council Member Dowe.)
Mr. Dotson advised that a lot on Manning Road was recently
donated to College Evangelical Lutheran Church, the lot contains
no sewer system, and the cost to install a sewer system will be in the
range of $50,000.00. He called attention to policy which provides
that the City will fund one half of the cost; however, the value ofthe
lot is $13,500.00 and it would be counter productive for the Church
to invest $25,000.00 in a sewer system; therefore, he requested a
special permit to install a septic system on the lot.
The City Manager advised that inasmuch as there are a number of
lots in the area (approximately eight) that could be served by a
sewer extension, it is recommended that a measure be drafted by the
City Attorney for consideration by Council to provide that the City
will bear the total cost of the sewer line extension, with costs to be
5
pro rated against those lots that could be served by the sewer line at
approximately $6,500.00 per lot, which is comparable to the cost of
a septic tank installation.
Without objection by Council, the Mayor advised that the matter
would be referred to the City Manager for report with regard to
including the entire 6O-acre water shed.
File #27
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
I. Adoption of a policy for disposition of City-owned surplus
tangible personal property.
Adopted Resolution No. 36539-111703 (7-0)
File #467-472
2. Execution of an agreement with Total Action Against Poverty in
Roanoke Valley, Inc., to renovate and equip the Dumas Center for
Artistic Development.
Adopted Ordinance No. 36540-111703 (7-0)
File #226
3. Execution of an amendment to the contract with Hayes, Seay,
Mattern & Mattern, Inc., in the amount of $31,212.00, in
connection with the Roanoke River Flood Reduction Utility
Relocation Project.
Adopted Resolution No. 36541-111703 (7-0)
File #237
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4. Recommendation for an amendment to the Zoning Ordinance
regarding the regulation of Outpatient Mental Health and
Substance Abuse Clinics.
Adopted Resolution No. 36542-111703 initiating, on behalf of
the Council, the above referenced amendment to the Zoning
Ordinance and establishing ajoint public hearing between the
City Planning Commission and Council on Monday,
December 15, 2003 at 7:00 p.m. (7-0).
File #51
7. REPORTS OF COMMITTEES:
a. A report of the Legislative Committee transmitting the proposed 2004
Legislative Program. Council Member William D. Bestpitch, Chair.
Adopted Resolution No. 36543-111703 (7-0)
File #110-137
b. A report from the Roanoke City School Board requesting appropriation
and transfer of funds to various school accounts; and a report of the
Director of Finance recommending that Council concur in the request.
Richard L. Kelley, Assistant Superintendent of Operations,
Spokesperson.
Adopted Budget Ordinance No. 36544-111703 (7-0)
File #110-467
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c. A report from the Roanoke City School Board requesting approval of
State Literary Fund loan applications for improvements to Westside
Elementary School, in the amount of $3.1 million; and to Fallon Park
Elementary School, in the amount of $1.6 million; and a report of the
Director of Finance recommending that Council concur in the requests.
Richard L. Kelley, Assistant Superintendent of Operations,
Spokesperson.
Adopted Resolution Nos. 36545-111703, 36546-111703, 36547-
111703, and 36548-111703 (7-0)
File #467-329
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Due to a recent eye injury, Council Member Dowe requested that
the husband of Assistant City Manager for Community
Development, Rolanda Russell, be remembered in prayer.
File #132
Council Member Dowe congratulated and publicly welcomed back
to the City of Roanoke former Assistant City Manager, Earl B.
Reynolds, Jr., who will assume the position of Deputy Executive
Director, Roanoke Redevelopment and Housing Authority effective
December 15, 2003.
File #87-178
8
Council removed from the table and adopted Ordinance No. 36549-
111703 amending the City Code to permit roofsigns within the H-l,
Historic District, under certain conditions.
File #24-107-51
Council Member Wyatt referred to recent repairs to the sidewalk at
14th Street, S. E. and installation of ground cover which was
destroyed by vandals. She requested that the City make the
necessary repairs.
File #514
Council Member Wyatt requested that appropriate signage be
installed to inform motorists that Campbell Avenue is a two way
street, in order to remove a portion of the traffic from Campbell
Avenue to Salem Avenue, S. W.
File #20
Council Member Wyatt requested confirmation by the City
Manager that Williamson Road will include two lanes of traffic in
each direction; whereupon, the City Manager confirmed that there
will be a minimum of two lanes of traffic in each direction, with
some left turn lanes to facilitate traffic.
File #20
Vice-Mayor Harris commended the staff of the Roanoke Public
Library for the Book Fest which was held on November 14 - 15,
2003, and expressed appreciation to the Roanoke Public Library
Foundation for sponsoring the event.
File #323
The Mayor called attention to a September, 2003 article in Womans
World, a national magazine, which alluded to the convenience of
Roanoke's airport. He referred to a web site entry by Air Tran
inviting subscribers to vote on those locations that they would like
to be served by Air Tran. The Mayor encouraged citizens of the
Roanoke Valley to respond to the web site address at
www.airtran.com/Atlanta and cast their vote for Roanoke, because
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the more votes that are received from the Roanoke area, the greater
the chance of attracting a discount air carrier to the Roanoke
Valley.
File #9
b. 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 IMMEDIA TEL Y FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
Mr. John E. Kepley, 2909 Morrison Street, S. E.; Ms. Evelyn D. Bethel,
35 Patton Avenue, N. E.; Mr. Jim Fields, 17 Ridge Crest Road, Hardy,
Virginia; and Mr. E. Duane Howard, 508 Walnut Avenue, S. W., spoke
with regard to Victory Stadium. Mr. Howard also addressed low morale
in the Police Department.
File #122-184-5
12. CITY MANAGER COMMENTS:
The City Manager commended staff ofthe Roanoke Public Library on the
success of the Book Fest, which was held on November 14 - 15, and
referred specifically to the young writers group that was recognized
during the event.
File #323
The City Manager acknowledged Chuck Grant, an employee of the City's
Department of Planning, Building and Development, who was recognized
by the Regional Home Builders Association as 2003 Public Employee of
the Year.
File #184-80
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The City Manager advised that for three consecutive years, the City of
Roanoke has been recognized by the Center for Digital Government as the
top digital city for cities in the population category of Roanoke. She
further advised that the City of Roanoke is the only city in the nation to
receive the recognition three consecutive years.
File #80-262
At the request of a Member of Council, the City Manager presented an
oral report on the status of plans for the pedestrian walkway from the
proposed new stadium to the Roanoke Civic Center parking lot and other
aspects of the total stadium project that were not included in the recent
bidding process.
File #192
The Mayor declared the meeting in recess for one Closed Session to
discuss vacancies on boards and commissions appointed by Council.
The Council meeting reconvened at 5 :15 p.m., in the Council Chamber.
A motion was adopted to convene in Closed Session to discuss a personnel
matter with regard to the position of City Treasurer, pursuant to Section
2.2-3711 (A)(I), Code of Virginia, 1950, as amended. (6-0, Council
Member Fitzpatrick was out of the Council Chamber when the vote was
recorded.)
File #132
Certification of Closed Session (6 - 0, Council Member Wyatt was out of
the Council Chamber when the vote was recorded.)
Appointed/reappointed the following persons to boards and commissions:
Industrial Development Authority
File #110-207
Linda Frith for a term ending
October 20, 2007.
11
Advisory Board of Human Services
File #110-72
Human Services Committee
File #110-72
Roanoke Arts Commission
File #110-230
Roanoke Arts Commission
File # 110-230
Virginia Western Community College
Board of Directors
File #110-467
Board of Zoning Appeals
File #110-51
Louis O. Brown for a term
ending November 30, 2007.
(Waived City residency
requirement).
H. Clarke (Duke) Curtis for a
term ending June 30, 2004.
Terri R. Jones to fill the
unexpired term of Michael
Brennan ending June 30, 2004.
(Waived City residency
requirement).
Sandra Brunk for a term
ending June 30, 2006.
William M. Hackworth
to fill the unexpired term of
MichaelF. Urbanski, resigned,
ending June 30,2007.
Joel M. Richert and
Philip H. Lemon,
for terms ending
December 31, 2006.
THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL
7:00 P.M., IN THE CITY COUNCIL CHAMBER.
12
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 17,2003
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call.
The Invocation was delivered by Vice-Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America
was led by Boy Scout Troop No. 210, South Roanoke United Methodist
Church.
Welcome. Mayor Ralph K. Smith.
NOTICE:
The Council meeting will be televised live by R VTV Channel 3 to be replayed
on Thursday, November 20,2003, at 7:00 p.m., and Saturday, November 22,
2003, at 4:00 p.m. Council meetings are now being offered with closed
captioning for the hearing impaired.
13
A. PUBLIC HEARINGS:
I. Request of Robert E. Zimmerman that Rorer Avenue, S. W., between 9th
and lOth Streets, and two alleys running in a northerly direction from
Rorer Avenue, located between parcels bearing Official Tax Nos.
1112102, 1112103, 1112104, 1112107, 1112108, 1112109 and
1112110, be permanently vacated, discontinued and closed. Roy V.
Creasy, Attorney.
Denied.
File #514
2. Proposed amendment to Vision 2001-2020, the City's Comprehensive
Plan, to include the Harrison-Washington Park Neighborhood Plan.
R. Brian Townsend, Agent, City Planning Commission.
Adopted Ordinance No. 36550-111703 (7-0)
File #200-424
3. Proposed conveyance of a 30-foot easement on City-owned property
located near Tinker Creek, S. E., Official Tax No. 4321020, to
Plantation Pipeline Company, to relocate an existing valve onto City
property. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 36551-111703 (7-0)
File #28-166
B. 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., addressed the following
matters:
*Requested that the handicapped ramp in the Council's Parking Lot not
be blocked.
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*Requested that a "no U-turn" sign be installed at Williamson Road and
Orange Avenue, in the vicinity of Sheets.
*Requested that the City address traffic congestion at Masons Mill Road
and Hollins Road, N. E.
*Requested more sign age alerting motorists of narrow lanes on Orange
Avenue where the road changes from three to two lanes.
*Requested that storm doors, which were previously promised to residents
of Lincoln Terrace, be installed.
File #132-120-178
Mr. Kevin Booze, 1606 Peters Creek Road, N. W., advised that public
funds should be spent on programs that benefit the youth of Roanoke and
for pay increases for Police Officers, rather than on improvements to
Victory Stadium, or construction of a new stadium/amphitheater. He also
spoke with regard to the dangers associated with the shooting of deer in
the City of Roanoke and encouraged the City to discontinue the sharp
shooting program.
File #192-122-5
Mr. John E. Kepley, 2909 Morrison Street, S. E., spoke in support of
holding public referenda to enable taxpayers to vote on how the City
spends taxpayers' dollars. He expressed concern with regard to the City's
debt to fund projects such as the proposed new sports complex and tearing
down William Fleming and Patrick Henry High Schools in order to
construct new facilities.
File #79-439-467-259-192
Mr. Robert E. Gravely, 729 Loudon Avenue, N. W., addressed issues with
regard to the methadone clinic on Hershberger Road, the need for more
jobs for citizens of northwest Roanoke, low wages for City employees, low
morale in the Police Department, and increases in water and sewage
treatment rates.
File #51-72-184-5-468
15
Mr. Jim Fields, 17 Ridge Crest Road, Hardy, Virginia, spoke in support
of renovating Victory Stadium.
File #122
The following persons addressed Council in opposition to the location of
a methadone clinic at 3208 Hershberger Road, N. W.:
Ms. Joylette Stokes, 1523 Main Street, S. W.
Ms. Peggy Sue Tolliver, 1460 Fresno Street, N. W.
Ms. Sonya Smith, Westwind Apartments
Mr. Arlene Small, 5321 Deer Park Drive (Roanoke County)
Ms. Anita Price, 3101 Willow Road, N. W., representing the Roanoke
Education Association
Ms. Della Millner, 3084 Swarthmore Avenue, N. W.
Mr. Lin Johnson, 5904 Wayburn Drive, N . W.
Ms. Glendora Goode, 3724 Troutland Avenue, N. W.
Ms. Minnie Stamps, 4223 Holmes Street, N. W.
Ms. Pernella Wilson, 3045 Willow Road, N. W., representing the Southern
Christian Leadership Conference
Ms. Gloria Dowe, 3702 High Acres Road, N. W.
File #51-72
THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL
WEDNESDAY, NOVEMBER 19, 2003, AT 9:30 A.M., IN THE
EMERGENCY OPERATIONS CENTER CONFERENCE ROOM,
ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING,
215 CHURCH AVENUE, S. W., FOR A JOINT MEETING OF
ROANOKE CITY COUNCIL AND THE ROANOKE COUNTY BOARD
OF SUPERVISORS, TO CONTINUE DISCUSSIONS REGARDING THE
PROPOSED WESTERN VIRGINIA WATER AUTHORITY.
16
~....~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of November, 2003.
No. 36538-111703.
A RESOLUTION naming Alphonzo L. Holland, Sr., as Roanoke's Citizen of the Year
for the year 2003.
WHEREAS, Mr. Holland, a native of Roanoke, Virginia, graduated from Lucy Addison
High School, attended Hampton Institute and studied at La Salle University and the Philippines
Golden State College;
WHEREAS, Mr. Holland was employed by Norfolk & Western in 1938, and, between
tours of military duty, worked as a freight handler, custodian, and assistant tariff supervisor until
he retired in 1985;
WHEREAS, Mr. Holland served in the U.S. Army, including tours of duty during World
War II, and the Korean War, and with his service in the Army Reserves until 1976, had dedicated
thirty years to the service of his country;
WHEREAS, Mr. Holland has been a member of the Executive Board of the National D-
Day Memorial Foundation, Central YMCA, WBRA-TV Advisory Committee, American Red
Cross of Roanoke, Virginia Transportation Museum, National Council of Community Justice,
and Roanoke Valley Race Relations Committee, and Rebuilding Together With Christmas in
April;
WHEREAS, Mr. Holland has been a member and past president of Big Brothers/Sisters
Organization, League of Older Americans, the Roanoke Branch of the NAACP, past Regional
Vice Chairman, NAACP, and YMCA Family Center;
WHEREAS, Mr. Holland has volunteered his services to Lucy Addison Middle School
and the Harrison Museum and, as an active member High Street Baptist Church, served as a
member of its Board of Trustees for 51 years, its Brotherhood Ministry, and its Senior and
Cathedral Choirs and Men's Chorus;
WHEREAS, Mr. Holland is a life member of Delta Nu Alpha Transportation Fraternity,
and was the first and only African-American to hold the office of president in this organization;
WHEREAS, Mr. Holland is a member of the F&AAYM Masons, Sahara Desert; and a
life member of the VFW, American Legion Post 1444; and
WHEREAS, Mr. Holland continues-even at age 86-to volunteer as much as 50 hours a
week to help in all areas throughout the Roanoke Valley in order to make a better place for all to
live.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Alphonzo
L. Holland, Sr., be named Citizen ofthe Year for the year 2003 in the City of Roanoke, Virginia.
ATTEST:
City Clerk
H:\MEASURESIr-citizenholland2003.doc
Gb
Government Finance Officers Association
203 North laSalle Street, Suite 2700
Chicago, Illinois 60601-1210
312.977.9700 Jax: 312.977.4806
RECEIVED
SEP 2 2003
MAYOR'S OFFICE
August 27, 2003
The Honorable Ralph
Mayor
City of Roanoke
215 Church Ave., SW
Roanoke, Virginia
K. Smith
Room 452
24011
Dear Mayor Smith:
We are pleased to notify you that your comprehensive annual finan-
cial report for the fiscal year ended June 30, 2002 qualifies
for a Certificate of Achievement for Excellence in Financial
Reporting. The Certificate of Achievement is the highest form of
recognition in governmental accounting and financial reporting,
and its attainment represents a significant accomplishment by a
government and its management.
The Certificate of Achievement plaque will be shipped to:
Mr. Jesse A. Hall
Director of Finance
under separate cover in about eight weeks. We hope that you will
arrange for a formal presentation of the Certificate and Award of
Financial Reporting Achievement, and that appropriate publicity
will be given to this notable achievement. To assist with this,
enclosed are a sample news release and the Certificate Program
"Results" for reports with fiscal years ended during 2001 repre-
senting the most recent statistics available.
We hope that your example will encourage other government offi-
cials in their efforts to achieve and maintain an appropriate
standard of excellence in financial reporting.
Sincerely,
FI~~ ~~SSOCIATION
Stephen J. Ga~e~
Director/Technical Services Center
SJG/ds
vvvvvv.gfoa.org
WHEREAS. home care and hospice provide,s in the Roanolu Valley have
demonstrated a long....rtanding commitment to delivering cos/-
effective, humane and high quality health se,...,ices /0 persons of all
ages in their places of residence; and
WHEREAS. hospice and home care allows patients to receive care in familiar
surroundings with loved ones close by; It promotes dignity and
independence and enhances quality o/Iift; and
WHEREAS, home care services are available to people of all ages, from
newborns to the elderly, including technologically sophisticated
care, personal care, and assistance with activities of daily living;
and
WHEREAS. throughout the year, home care, hospice providers, and providers
of rela/ed products and services selflessly care for numerous
patients in the community.
NOW, THEREFORE. I, Rolph K Smith. Mayor of the City of Roanoke, Virginia,
encourage the support and participation of all citizens in learning more about
home and hospice care, and do hereby proclaim November, 2003, throughout this
great All.America City, as
HOME CARE AND HOSPICE MONTH.
Given under our hands and the Seal of the City of Roanoke this seventeenth day of
November in the year two thousand and three.
Lc..-
Ralph K. Smith
Mayor
A1TEST:
II\~ ;.10..
Mary F, Porker
City Clerk
REGULAR WEEKLY SESSION.....ROANOKE CITY COUNCIL
October 6, 2003
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
October 6,2003, at 9:00 a.m., the regular meeting hour, in the Emergency Operations
Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reaular Meetinas, 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 C. Nelson Harris, William D. Bestpitch, M. Rupert
Cutler, and Mayor Ral ph K. Smith.-..----...--......--.......-..----------------------------------.--.-4.
ABSENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., and
Linda F. Wyatt-------------------------------------------------------------------------------.....-----------3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
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)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Harris moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2.3711
(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Cutler
and adopted by the following vote:
1
AYES: Council Members Harris, Bestpitch, Cutler and Mayor Smith-----...----4.
NAYS: None---------.-..--------------------------------------------------------------0.
(Council Members Wyatt, Dowe and Fitzpatrick were out of the Conference Room
when the vote was recorded.)
CITY ATTORNEY-CITY COUNCil: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to consult with legal counsel
on a specific legal matter requiring the provision of legal advice by counsel,
pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended, was before
the body.
Mr. Harris moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting as above described. The motion was seconded by Mr.
Cutler and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Cutler and Mayor Smith--------...-4.
NAYS: None........--------------------------....----------------.-----------------------0.
(Council Members Wyatt, Dowe and Fitzpatrick were out of the Conference Room
when the vote was recorded.)
CITY COUNCll.HOUSING/AUTHORITY: A joint meeting of Council and the
Roanoke Redevelopment and Housing Authority was called to order at 9:05 a.m., in
Room 159, Noel C. Taylor Municipal Building, with Mayor Smith and Chairman Fink
presiding, and all Members of the Council in attendance.
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY COMMISSIONERS
PRESENT: Carolyn M. Bumbry, James W. Burks, Jr., Gregory W. Feldman,
Christie Meredith-Wills, Joseph F. Lynn and Chairman Ben J. Fink.
ABSENT: Commissioner H. Victor Gilchrist.
OTHERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk;
Rolanda B. Russell, Assistant City Manager for Community Development; George
C. Snead, Jr., Assistant City Manager for Operations; John P. Baker, Executive
Director, and Sue Marie Worline, Secretary, Roanoke Redevelopment and Housing
Authority (RRHA); and John Grove, Attorney, representing the RRHA.
2
HOUSING/AUTHORITY: The Mayor welcomed Housing Authority
Commissioners and staff to the meeting.
Chairman Fink reviewed the following draft Statement of Purpose and
Expectations for the City of Roanoke and the Roanoke Redevelopment and Housing
Authority.
"The Roanoke Redevelopment and Housing Authority is uniquely empowered
by the Code of Virginia and is charged with three primary responsibilities:
(1) Maintenance of 1,328 units of public housing in nine
developments to serve economically disadvantaged citizens in
the City of Roanoke.
(2) Administration of 1,321 Section 8 rental housing vouchers to
assist economically disadvantaged citizens in the City of
Roanoke.
(3) Utilization of redevelopment and rehabilitation powers to assist
the City of Roanoke in major economic development and
neighborhood revitalization initiatives.
(4) As constituted by State law, the relationship between the City
and the RRHA is unique among all other organizations in the
community. City Council created the RRHA and appoints the
Board of Commissioners for four year terms of office. For
redevelopment and revitalization projects, the City sets policy
and direction and the RRHA implements the programs and
projects of the City. For public housing and Section 8, RRHA is
heavily regulated by HUD policies and guidelines in the
fulfillment of its responsibilities.
(5) A strong partnership between the City and the RRHA is essential
to the success of the overall mission of both the unique powers
and roles, which, combined in a working partnership, provide the
greatest opportunity for addressing the challenging issues
facing Roanoke today. Recognizing the importance of
meaningful partnerships, the RRHA has founded Case
Management Roanoke Valley Consortium (CMRV Consortium),
with the mission to coordinate case management functions
3
among all community organizations, and to create an integrated
system for intake, referral, and assessment to be used by all
service providers. In addition, the RRHA is in the process of
founding a consortium to coordinate all housing-related
initiatives in the City in order to minimize duplication and
maximize efficiency.
(6) In order to keep purposes and activities of each aligned, City
Council will establish policy that can be used as guidelines by
the Board of Commissioners. Recognizing a responsibility to its
appointing entity, the Board of Commissioners will keep City
Council fully informed on issues of mutual interest. The
Executive Director of the RRHA works closely with the City
Manager, and the respective staffs of the City and the RRHA form
an effective team in carrying out the day-to-day operations that
make the partnership effective."
Chairman Fink called attention to $23 million of unmet needs and the RRHA
is facing cuts from HUD which will require the organization to focus on high priority
needs.
He stated that the RRHA would like to:
. Ensure that housing units meet curb appeal.
. Look at going beyond the City limits so as not to concentrate
public housing solely in the City of Roanoke.
. Review mixed financing projects, which could be market rate
housing as well as low income housing.
. Improve the overall quality of public housing.
. If there are future HOPE VI funds, the RRHA would like to work
with the City to use the funds in a manner that make the greatest
impact on the City.
. RRHA would like to continue the philosophy of serving as a
leader in working with other agencies to bring services to
residents of low rent housing.
4
. In reference to Section 8 housing, the RRHA would like to
increase services to residents through a philosophy of self-
sufficiency.
. The RRHA would like to use Section 8 program funds by helping
homeowners to revitalize neighborhoods through home
improvements without increasing rent.
. The RRHA would like to continue to implement redevelopment
programs requested by Council and to assist the City in
identifying plans for new redevelopment areas in the future.
. The RRHA would like to work with Total Action Against Poverty
and other area jurisdictions on Section 8 housing vouchers so
that the City of Roanoke does not become concentrated with the
Section 8 program.
. Council appoints the RRHA Board of Commissioners and there
should be a better integration within City agencies in order to
partner with the City of Roanoke on housing issues/initiatives.
. The Board and staff of the RRHA support the City's policy of
targeting funds to revitalize neighborhoods and wishes to
continue providing affordable financing and grants to property
owners to make substantial improvements and to provide for
neighborhood diversity.
. To look at market rate housing to help revitalize neighborhoods.
. To work with City staff to identify opportunities both within and
outside the City.
Chairman Fink proposed that an ad hoc committee composed of two Members
of City Council and two Commissioners ofthe Roanoke Redevelopment and Housing
Authority be appointed to draft a statement of policy for consideration by Council
and the Housing Authority.
Chairman Fink was requested to highlight any changes that the proposed
statement of policy would represent over the present relationship between the City
and the Housing Authority; whereupon, he advised that the policy would be a
recognition that the Housing Authority is not like other public entities because it is
5
established by State law and the Board of Commissioners is appointed by City
Council. He stated that there have been instances when the Housing Authority
believed that it was treated like a nonprofit entity, such as Blue Ridge Housing
Network, etc.; and the Housing Authority is entrusted with unique powers that
should be recognized and integrated in a better way by the staff of both the City and
the Housing Authority. He added that there have also been instances when the
Housing Authority was not aware of City policy or programs that affect its operation,
therefore, a closer working relationship would be advantageous.
Upon question, Chairman Fink advised that relocating the RRHA
administrative office in the Municipal Building complex has been discussed by the
Executive Director and the City Manager, and it has been suggested that a satellite
office be established, which will be addressed in the City's space needs report.
Vice-Mayor Harris, Council's liaison to the RRHA, called attention to monthly
breakfast meetings in which he, along with the Chair, Executive Director of the
Housing Authority, the City Manager, and one Member of City Council and one
Housing Authority Commissioner participate on a rotating basis. He advised that
all Members of Council and all Commissioners of the Housing Authority have been
rotated in on at least one occasion over the past year, and he is open to suggestions
if the Council, or the Board of Commissioners would prefer to transact business in
a different manner.
He advised that over a year ago, the Housing Authority Board of
Commissioners expressed a desire to move beyond the traditional role that the
Board has been accustomed to playing in the community which has been three-fold:
(1) as managers of public housing, (2) as managers of Section 8 rental housing and
(3) as the arm that acquires land for the purposes of the City, and specifically
economic development. He explained that as the City and the Council became more
engaged in neighborhood redevelopment and housing issues, the Housing Authority
was of the opinion that it could bring to the table certain expertise, staff and
knowledge and a partnership with the City; and the matter has been a specific topic
of conversation at monthly breakfast meetings and in individual discussions.
Therefore, as Council's liaison to the RRHA, he stated that it is important to address
the matter in a joint session of the Council and the Board of Commissioners; and it
has been his impression that the majority of Council has responded in a positive
manner to exploring, defining and developing a new and more engaged role for the
Housing Authority as it relates to the City's housing efforts beyond Section 8 or
public housing. He affirmed the suggestion of Chairman Fink to move the
discussion to the next level which is to explore a joint policy statement in reference
to the new role of the RRHA.
6
Mr. Harris moved that Council appoint two Members of City Council and that
the Housing Authority appoint two members of the Board of Commissioners to
develop a statement of purpose and to report back to the Council and to the Board
of Commissioners in the near future. The motion was seconded by Mr. Cutler.
Mr. Fitzpatrick advised that in the past the RRHA has been treated like a "step
child" by the City, which is not an appropriate role, therefore, it is important to agree
on a memorandum of understanding. He stated that the Housing Authority should
be a full partner with the City and the two entities should explore avenues that have
not been used to this point insofar as the ability of the RRHA to accomplish certain
projects. He called attention to the opportunity for regionalism because most
communities in southwest Virginia do not have Redevelopment and Housing
Authorities and income could be created by providing those kinds of services to
governments that request assistance. He stated that there is a tremendous
opportunity to enhance the City of Roanoke as the center of southwestern Virginia;
therefore, he encouraged Council to adopt the motion and offered to serve on the
ad hoc committee.
Question was raised as to whether the RRHA has approached other
jurisdictions in regard to expanding the role of the Housing Authority in a regional
context; whereupon, Chairman Fink advised that the Housing Authority is working
with the Roanoke Regional Housing Network, the Executive Director has discussed
housing opportunities with college officials in southwestern Virginia, and avenues
of cooperation are being explored with other jurisdictions.
In reporting back, Mr. Bestpitch asked that the ad hoc committee provide
specific recommendations and suggestions regarding better integration and
partnership between the City and the RRHA.
The motion was unanimously adopted.
At this point, Council Member Wyatt left the meeting.
In regard to Section 8 housing vouchers, it was reported that Roanoke County
holds 83 housing vouchers, 80 of which represent housing units in the City of
Roanoke.
There was discussion in regard to whether there is a method for monitoring
the progress of persons living in subsidized housing; whereupon, the Executive
Director advised that the Housing Authority currently uses a measurement matrix
that identifies the status of the family from crisis to self-sufficiency.
7
The Mayor requested a comparative analysis of Section 8 housing vouchers
of other localities, which could be used as a benchmark in analyzing Roanoke's
progress, including the status of the localities five years ago compared to the
present time; whereupon, the Executive Director advised that the information will be
compiled.
Council Member Cutler called attention to proposed plans to move a major
portion of the operations of the Harrison Museum to the former Dumas Hotel and,
as a community, Roanoke should be concerned about the Harrison School Building
and the Harrison community; therefore, the matter should be on the radar screen of
the appropriate entity.
Chairman Fink presented an activities report on RRHA projects dated
October, 2003.
(For full text, see report on file in the City Clerk's Office.)
The City Manager advised that today's discussion is due in large measure to
the City's creation of a Department of Housing and Neighborhood Services
approximately two years ago; prior to that time, there was no concentrated effort to
address housing and neighborhood issues in the City of Roanoke and both the
Council and the City Administration recognized that housing is a key economic
development tool for the community. She added that significant steps have been
taken to focus attention on the issue of housing of all types and descriptions, of all
economic levels and to address the key role that the private sector should play in
the development of housing in the community. She added that the fact that the City
made the acknowledgment of housing is one of the reasons that the current
discussion is taking place, because prior to that time housing was seen as a
responsibility, from the public's standpoint, of the RRHA, and certain nonprofit
organizations throughout the community had varying roles in the development of
housing. She noted that the community has spent exclusive time looking at the
issue of low and moderate income housing and not at housing in general; currently,
she is a member of the Governor's Task Force on Urban Policy and, at a recent
meeting, a significant amount of time was devoted to the issue of housing in older
urban communities throughout the State of Virginia. She explained that some
localities will request State Code changes in regard to urban policy, i.e.: (1) to allow
new construction in order for neighborhoods to receive tax abatement which is not
currently allowed under the Dillon Rule, (2) to allow tax credits for market rate and
upper market rate housing, as opposed to tax credits exclusively for low and
moderate income housing, with the idea of mixed use development where there
would be market rate and low income housing in the same project, and (3) a regional
focus on housing and housing issues, because in today's world there are no
incentives to promote or discuss regional housing activity. She advised that it is her
8
personal opinion that State law and a legislative change will be required to
encourage or to incentivize a regional approach to housing. She stated that 71 per
cent of housing in the City of Roanoke is valued at less than $100,000.00, the
average or median price of a house in the year 2000 in the City of Roanoke was in
the range of $80,000.00; the City of Roanoke has the second lowest median average
of the urban areas for housing, with the City of Petersburg being the lowest; those
are issues that will not be addressed through programs like Section 8, public
housing, or lease/purchase, all of which are directed toward low and moderate
income persons; and Roanoke will have to initiate programs, or lobby for programs,
that provide the opportunity to produce market rate and above housing in the City
of Roanoke. She stated that as officials embark upon either a different kind of
working relationship with the RRHA, or a different working relationship generally
around housing, resources will not be available at the Federal and/or State level to
jump start those kinds of activities, and will most likely require General Fund
appropriation. She advised that she is hopeful that the private sector will get on the
band wagon when they can be convinced that market rate housing is acceptable
within the City of Roanoke, because unfortunately Roanoke has earned the
reputation over time that it is not a suitable location for market rate or above
housing, and developers look to the City of Roanoke as the situs for low and
moderate income housing. She stated that Roanoke deserves better, the community
deserves and wants better, and additional resources are needed to make any and
all of those things happen. She advised that the City of Roanoke has a staff that is
committed to working on these issues, but with limited resource allocations, the City
must be prudent with regard to future investments.
Relative to previous comments of Chairman Fink that the RRHA does not
believe that it has been involved with City programs and policy, she reminded
Council that the City of Roanoke is about to enter into a contractual arrangement for
preparation of a housing plan in which housing stock will be identified, along'with
advantages and disadvantages of the City's housing stock, and actions that need
to be taken from a strategic standpoint to modify housing needs and resources
within the City. She explained that the study will take approximately one year to
complete and the Housing Authority and others, particularly the real estate
community, will be involved in the study.
There being no further business, at 10: 1 0 a.m., the Mayor declared the Council
meeting in recess, and advised that Council would convene in Closed Session in the
Council's Conference Room to conduct interviews for vacancies on the Architectural
Review Board and the Industrial Development Authority.
At 11:30 a.m., the Council's work session reconvened in Room 159 of the
Noel C. Taylor Municipal Building.
9
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION; AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
DOCKET:
The City Manager advised that Dr. Cutler had raised a question in regard to the
Regional Wastewater Collection and Treatment Contract with area jurisdictions;
whereupon, she stated that one subdivision is currently being served by
Montgomery County. She stated that sludge programs cost the City of Roanoke
approximately $1 million per year, and pursuant to contractual arrangements, bio.
solids are spread on farmlands at the request of farmers at no charge. She advised
that the Director of Utilities will provide more detailed information.
The City Manager advised that the Mayor also raised a question with regard
to acceptance of Office of Domestic Preparedness Homeland Security Grant funds;
whereupon, she provided a list of items on which funds totaling $246,434.00 are
proposed to be spent.
Council Member Cutler referred to the Regional Wastewater Collection and
Treatment Contract with area jurisdictions and inquired ifthe City Manager foresees
a situation in the future where a comparable contract will be needed for storm water
management. The City Manager advised that Roanoke City is receiving storm water
at the present time and referred to general discussions among her counterparts
about the need, once all of the storm water management plans are developed, to
discuss implementation of a user fee and the pooling of the user fee for capital
projects which would minimize the amount of storm water run off. With the support
of other regional partners, she stated that storm water is a category that could be
added to the WaterlWaste Water Authority.
Mr. Bestpitch requested further elaboration on continuation ofthe position of
Restricted Eligibility Worker; whereupon, the City Manager advised that any time the
City accepts a grant, action by Council is required. She explained that the
agreement has been in place since 1994, the item on today's agenda is an annual
renewal, the $36,000.00 represents the cost of the employee plus benefits on the
condition that the Eligibility Worker will be stationed at the State Health Department.
She stated that the position is available only so long as funding sources are
available.
Mr. Bestpitch inquired, if funding is decreased or discontinued by the State
and there continues to be a need for the position, is the Restricted Eligibility Worker
position one more State funded position that the City of Roanoke will be expected
to fund.
10
The City Manager advised that persons will be required to come from the
Heath Department to the City's main location to apply for service and in that
process, some people will fall to the way side; and having the Eligibility Worker on
site will increase the number of applications and the likelihood that those persons
will be eligible for assistance. She explained that if the Eligibility Worker position
is not available at the Health Department site, a portion of the work will be shifted
back to the main staff, which will increase the work load for remaining staff.
With regard to acceptance of Office of Domestic Preparedness State
Homeland Security grant funds, in the amount of $246,434.00, the Mayor inquired
about funding for an item referred to as Reverse 911; whereupon, the City Manager
advised that Reverse 911 allows for calls containing a specific message to be placed
to every citizen in a certain area of the City, or potentially to the entire City, if
necessary. She explained that Reverse 911 is an automated message service and
the City would have to purchase the required software.
Question was raised with regard to the police command vehicle which is
proposed to be purchased with Homeland Security Grantfunds; whereupon, the City
Manager advised that most communities maintain a command vehicle for major
incidents in order to provide the necessary equipment to monitor an emergency
situation. She explained that the command vehicle will be located at the scene of
the incident and will be equipped with direct communication to radio and other
equipment, such as fax machines, computers, etc., which means that resources can
be deployed to an event on site.
Council Member Fitzpatrick presented information on the City's branding
effort. He advised that a considerable amount of work has taken place, including a
trip to Portland, Maine, to observe how that locality has used its branding initiatives.
He explained that the initial concept was to devise a regional sense of direction,
numerous meetings were held, and a Steering Committee was appointed composed
of representatives of Economic Development, the Roanoke Arts Council, the
Roanoke Valley Convention and Visitors Bureau, private business owners, The
Regional Alliance, City Planning and Development staff, Members of Council, the
City Manager's Office and Roanoke City Public Schools. He stated that Landor
Associates was employed to prepare the study which involved the engagement of
focus groups, and man-on-the-street interviews in an effort to compile a specific set
of recommendations for Roanoke. He explained that long term, branding is not
considered to be a logo, but an image and a sense of direction for persons not only
in the City of Roanoke and the Roanoke Valley, but more importantly outside of the
area in order to look at Roanoke and to get a sense and feel of what Roanoke is
about. He advised that branding may be one of the most important business issues
of the City because the City has never had a marketing sense of direction, or an
image that is designed specifically to target Roanoke. He stated that the purpose
of the briefing was to share with Council the initial finality of the branding process
11
and City staff recommends that the design be worn on a polo shirt by City staff
serving as volunteers at the Virginia Municipal League Annual Conference Host City
Night on Monday, October 20, in an effort to gauge the reaction of Roanoke's guests
to the proposed image.
Mr. Ftizpatrick read the following positioning statement:
"In a world where cities often feel loud and overcrowded and as hard
as the concrete they're built upon, the City of Roanoke offers
something unique - unexpected balance. Roanoke has the amenities
that you'd expect from a dynamic urban center, without losing the
charming feeling of a smaller place. Roanoke is a city that encourages
you to make things happen, because it's big enough to provide multiple
opportunities but small enough so you can make an impact. And the
natural beauty that many cities lack has not been lost in Roanoke with
the beautiful Blue Ridge Mountains visible from most every city street."
Mr. Fitzpatrick read the following definition:
"The Roanoke logo visually expresses the soaring spirit of optimism
that defines the city. The colors are a balance between urban
sophistication and friendly charm.
The mountain, made up of three individual and unique shapes,
illustrates the balance and stability of the city. The gray portion
represents the dynamic urban culture while the green is reminiscent of
the charming neighborhoods and surrounding natural beauty. The cap
of blue symbolizes the Blue Ridge Mountains that can be seen from
almost every street in the city.
The central star is derived from the well-loved icon atop Mill Mountain.
The star embodies the heritage spirit of the city. The dynamic rays of
light illustrate the energy of exciting new ideas and the ability to make
things happen."
Council Member Fitzpatrick displayed a poster board of the proposed image
and advised that there are many ways in which it can be implemented; and the image
is not intended to replace the City Seal, or to be a logo, but the design is intended
to be a sense or image of what Roanoke is about.
12
On a regional basis, the City Manager advised that the Roanoke region is not
working on an image, but a name for the region, and two images are currently being
tested on businesses and residents. She stated that concentration is on identifying
a name for the region that does not include "Roanoke".
Discussion centered around the fact that when Council appropriated
$300,000.00 for the branding effort, there was to be a visual component and a
marketing component that would address Roanoke's assets and strengths and how
to market those components, in addition to economic development marketing,
tourism marketing and marketing Roanoke as a community, etc.
Mr. Fitzpatrick explained that his presentation is the initial piece of the
presentation and more information is yet to come; however, the visual piece
becomes the cornerstone of the entire program.
It was the consensus of Council to authorize the image to be worn on a polo
shirt during the Virginia Municipal League Annual Conference Host City Night on
Monday, October 20, 2003.
The City Manager advised that information will be provided to Council with
regard to locations where Roanoke's proposed branding image has already been
tested.
At 12:35 p.m., the meeting was declared in recess until 2:00 p.m., in the City
Council Chamber.
At 2:00 p.m., on Monday, October 6,2003, 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 C. Nelson Harris, Linda F. Wyatt, William D.
Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., and Mayor Ralph K. Smith-----.........6.
ABSENT: Council Member BeverlyT. 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 Ken Atkins, Pastor,
West End Presbyterian Church.
13
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS-ARTS COUNCIL OF THE BLUE RIDGE: The Mayor
presented a proclamation declaring the month of October 2003 as National Arts and
Humanities Month.
PROCLAMATIONS-POLICE DEPARTMENT: The Mayor presented a
proclamation declaring the month of October 2003 as Crime Prevention Month.
PROCLAMATIONS-LIBRARIES: The Mayor presented a proclamation declaring
the month of October 2003 as Family History Month, and Saturday, October 18, 2003,
as Family History Celebration Day.
PROCLAMATIONS-FIRE DEPARTMENT: The Mayor presented a proclamation
declaring October 5 - 11, 2003, as Fire Prevention Week.
PROCLAMATIONS-HEALTH DEPARTMENT: The Mayor presented a
proclamation declaring October 5 - 11, 2003, as Mental Illness Awareness Week.
PROCLAMATIONS: The Mayor presented a proclamation declaring
October 19 - 25,2003, as Building Character Week.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion is
desired, the item will be removed from the Consent Agenda and considered
separately.
Item C-4, a communication from the Honorable David C. Anderson, Treasurer,
advising of his retirement, effective December 31, 2003, was removed from the
Consent Agenda for separate discussion.
MINUTES: Minutes of the regular meetings of Council held on Monday,
August 4, 2003; Monday, August 18, 2003, and recessed until Friday, August 22,
2003, were before the body.
14
Mr. Harris moved that Council dispense with the reading of the minutes and
that the minutes be approved as recorded. The motion was seconded by Mr. Cutler
and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Sm ith -------------------------------...---..----------------------......----------------------.----.-------------6.
~AYS:-...------------------------------.---..----------------.-.---------------------------------------ll.
(Council Member Fitzpatrick was absent.)
EASEME~TS-PARKSA~D RECREATIO~-CITY PROPERTY: Acommunication
from the City Manager requesting that Council schedule a public hearing for
Thursday, October 23,2003, at 7:00 p.m., or as soon thereafter as the matter may be
heard, with regard to conveyance of an easement on City-owned property located
in Jackson Park, was before the body.
Mr. Harris moved that Council concur in the request ofthe City Manager. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith------.--------------.....------------------..---------------.--.-----------------.---------------------------6.
~A YS: ~ one------------.-----------------.--.-----------.---.-----------------------------------0.
(Council Member Fitzpatrick was absent.)
CITY PROPERTY: A communication from the City Manager requesting that
Council schedule a public hearing for Thursday, October 23, 2003, at 7:00 p.m., or
as soon thereafter as the matter may be heard, with regard to leasing 7.05 acres of
City-owned property located near Back Creek in Roanoke County for agricultural
purposes, was before the body.
Mr. Harris moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith-------..------------....-.------------.--...----------.--..---------....----------.--.----------..-------0.
~A YS: N one----------------------------------------------------------------------------------------ll.
(Council Member Fitzpatrick was absent.)
15
PARKS AND RECREATION.COMMITTEES: A communication from Steven C.
Buschor, Director, Parks and Recreation, advising of the resignation of
The Reverend David Walton as a member of the Parks and Recreation Advisory
Board, was before the body.
Mr. Harris moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Cutler and adopted by
the following vote:
AYES: Council Members Harris, Wyatt Bestpitch, Cutler, Dowe, and Mayor
Smith------------.-.--...----------------------....-...---------------------.........---------..-------------------Ii.
NAYS: None-----..-.------------------------------------------------------------------------.--..--...-<1.
(Council Member Fitzpatrick was absent.)
PARKS AND RECREATION-COMMITTEES: A communication from Steven C.
Buschor, Director, Parks and Recreation, advising of the resignation of Onzlee Ware
as a member of the Parks and Recreation Advisory Board, was before the body.
Mr. Harris moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Cutler and adopted by
the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith----------..-.....-.-----------------------.---.....----.-----------------------------------------------------4).
NAYS: None...-----.----------------------.......-------------------------------------------------<1.
(Council Member Fitzpatrick was absent.)
COMMITTEES-PERSONNEL DEPARTMENT-SCHOOlS.YOUTH: A report of
qualification of the following persons was before Council.
Edward C. Bradley as a member of the Personnel and Employment
Practices Commission, for a term ending June 30, 2006;
Michael F. Urbanski and Joseph B. Wright as members of the Virginia
Western Community College, Board of Directors, for terms ending
June 30, 2007; and
Cheryl D. Evans as a member of the Youth Services Citizen Board, for
a term ending March 31, 2006.
16
Mr. Harris moved that the report of qualification be received and filed. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith.....--.-.....----.....-.............----..--.--.--.--........-..-........-...-.--.-.---...--........--....----45.
NAYS: None---......--..--...-.......--............-----.-.-----..--..--.-------.-.--.--.------.--0.
(Council Member Fitzpatrick was absent.)
REGULAR AGENDA
CITY TREASURER: A communication from the Honorable David C. Anderson,
City Treasurer, advising of his retirement effective December 31, 2003, was before
Council.
Vice.Mayor Harris commended Mr. Anderson for his service to the City of
Roanoke and moved that the notice of retirement be received and filed. The motion
was seconded by Mr. Cutler and adopted.
PUBLIC HEARINGS:
BONDS/BOND ISSUES.SCHOOLS: Pursuant to instructions by Council, the
City Clerk having advertised a public hearing for Monday, October 6, 2003, at
2:00 p.m., or as soon thereafter as the matter may be heard, in connection with
approval by the City of Roanoke of general obligation bond, or bonds, in an amount
estimated not to exceed $5 million, for the purpose of financing replacement of the
existing school building at the Roanoke Academy for Mathematics and Science, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Thursday, September 18, 2003 and Thursday, September 25,2003; and in
The Roanoke Tribune on Thursday, September 25, 2003.
Mr. Dowe offered the following resolution:
(#36502-100603) A RESOLUTION authorizing the issuance of not to exceed
$5,000,000 General Obligation School Bonds, Series 2003-A, of the City of Roanoke
Virginia, to be sold to the Virginia Public School Authority and providing for the form
and details thereof.
(For full text of Resolution, see Resolution Book No. 68.)
17
Mr. Dowe moved the adoption of Resolution No. 36502-100603. The motion
was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to be heard
in connection with the public hearing.
There being none, he declared the public hearing closed.
There being no questions or comments by Council Members, Ordinance
No. 36502-100603 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith--------------------------------------------------------______________________________________________________-Ei.
NAYS: None-----------------------------------------------
--------------------------.().
(Council Member Fitzpatrick was absent.)
FRANCHISES-CABLE TELEVISION: Pursuant to instructions by Council, the
City Clerk having advertised a public hearing for Monday, October 6, 2003, at
2:00 p.m., or as soon thereafter as the matter may be heard, on the adoption of a
revised Cable Television Franchise Ordinance, and an ordinance approving and
authorizing execution of a 15 year renewal of the Cable Television Franchise
Agreement held by CoxCom, Inc., d/b/a Cox Communications Roanoke, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, September 21,2003 and Sunday, September 28,2003; and in The
Roanoke Tribune on Thursday, September 25, 2003.
Mr. Dowe offered the following ordinance:
(#36503-100603) AN ORDINANCE providing for one or more non-exclusive
franchises to construct, operate, and maintain one or more cable television systems
within the City of Roanoke, Virginia, and dispensing with the second reading by title
paragraph of this Ordinance.
(For full text of ordinance, see Ordinance Book No. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36503-100603. The motion
was seconded by Mr. Cutler.
18
A communication from the City Manager advising that pursuant to Ordinance
No. 30479-42291, the City entered into a Cable Television Franchise Agreement,
dated May 1,1991, fora term of12 years with Cox Cable Roanoke, Inc., predecessor
in interest to CoxCom, Inc., d/b/a Cox Communications Roanoke; at about the same
time, Roanoke County and the Town of Vinton also entered into similar Franchise
Agreements; and such agreements arose out of the three jurisdictions negotiating
jointly with Cox Cable Roanoke, Inc.
It was further advised that CoxCom, Inc., has requested a renewal franchise
with the City of Roanoke, Roanoke County, and the Town of Vinton and
representatives of the three jurisdictions have been negotiating with Cox
Communications for a renewal agreement; on April 21 ,2003, pursuant to Ordinance
No. 36290-042103, Council extended the 1991 Cable Television agreement for six
months, until October 31,2003, to allow renewal negotiating to be completed; such
negotiations have been completed and a Cable Television Franchise Agreement
acceptable to the City of Roanoke, Roanoke County, the Town of Vinton and Cox has
been reached among the parties, subject to their respective agreements; in
connection with the negotiation, the City retained an outside consultantfamiliarwith
cable television franchising matters; during the negotiation process, it was also
recommended that the City's prior Cable Television Franchise Ordinance adopted
on April 22, 1991, pursuant to Ordinance No. 30478-42291, be replaced with a revised
Cable Television Franchise Ordinance; such revised Cable Television Franchise
Ordinance has been drafted by the consultant and reviewed by representatives of
the three jurisdictions and by Cox; representatives ofthe City and the consultant for
the City recommend adoption of a revised Cable Television Franchise Ordinance,
to which Cox has no objections; and the purpose of such action is to update the
prior ordinance and to incorporate current legal requirements.
Certain terms of the Agreement include:
1. The Agreement will be for a term of 15 years, from
November 1, 2003 through October 31, 2018.
2. Cox will provide a capital grant for educational and
governmental access capital equipment and facilities, in
the total amount of $1,150,000.00 to be paid as follows:
$575,000.00 to be paid on or before May 1, 2004;
$345,000.00 to be paid on or before November 1, 2006 and
$230,000.00 to be paid on or before November 1, 2008.
19
Payment of the above funds will be made to the fiscal agent for the Roanoke
Valley Regional Cable Television Committee.
3. Cox will continue to carry RVTV on Channel 3 on Cox's
system, and will also continue to provide a public access
channel. Cox will provide up to five additional
governmental or educational access channels based on a
showing of need for such channels.
4. Cox will pay to the City a franchise fee in the amount of
five per cent of gross revenues, in accordance with
Section 17 of the revised Television Franchise Ordinance.
(The amount of franchisee fee payments that the City
received from Cox in fiscal year 2003 was approximately
$984,000.00.) The amount budgeted to be received in fiscal
year 2004 is approximately $1,049,000.00.
The City can regulate rates within limits for the cable operator's basic tier
under current Federal law , the City cannot regulate any rates for any tiers above the
basic tier, nor can the City regulate the programming that Cox carries on its system
(other than the access channels) which are matters left to the discretion ofthe cable
television operator under current Federal law.
The City Manager recommended Council adopt the revised Cable Television
Franchise Ordinance, effective October 31, 2003; approve terms of the Cable
Television Franchise Agreement and authorize the City Manager to execute such
Agreement between the City of Roanoke and CoxCom, Inc., in a form to be approved
by the City Attorney, with the Agreement to provide for the items above mentioned
and such other terms and conditions as are deemed to be in the best interest of the
City; and authorize the City Manager to take such further actions and to execute
such additional documents as may be necessary to implement and administer the
Cable Television Franchise Agreement.
The Mayor inquired if there were persons present who would like to be heard
in connection with the public hearing.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., advised that while he is not
opposed to the franchise agreement with Cox Communications, he requested that
Council discuss cable rate increases, overall rate structure and the billing system
with representatives of Cox Communications.
20
Mr. Robert Gravely, 729 Loudon Avenue, N. W., reiterated the remarks of Mr.
Craft and advised that if cable rates continue to increase, the average Roanoke
citizen will be unable to afford the service. He advised that he was not in
disagreement with renewal of the franchise, but requested that the rate structure be
reviewed by the City.
There being no further speakers, the Mayor declared the public hearing
closed.
There being no questions or comments by Council Members, Ordinance No.
36503-100603 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith---------..-----------..--------------.--.-----------------------------.------------------------.-------------45.
NAYS: None-----......----------....-------------.-----------.......-------------.-...------------...().
(Council Member Fitzpatrick was absent.)
Mr. Dowe offered the following ordinance:
(#36504-100603) AN ORDINANCE approving and authorizing the execution of
a Cable Television Franchise Agreement by and between the City of Roanoke,
Virginia and CoxCom, Inc., d/b/a Cox Communications Roanoke; and dispensing
with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36504-100603. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith---.------------....---------......-----------.---.--.-----------......-----------------------...-------------45.
NAYS: None.....-------------.-..---------.-.-...----------------........----.-.-----------------......0.
(Council Member Fitzpatrick was absent.)
21
PETITIONS AND COMMUNICATIONS:
ELECTIONS: The General Registrar submitted a communication advising that
due to construction/renovation, it is necessary to move Highland No.1 Precinct
currently located at the Jefferson Hall Gym to The Jefferson Center, 541 Luck
Avenue, S. W., on a temporary basis, and requested approval by Council.
Mr. Dowe offered the following ordinance.
(#36505.100603) AN ORDINANCE temporarily changing the polling place for
Highland Precinct No.1 from the Jefferson Hall Gym at 540 Church Avenue, S. W.,
to Room 105, Jefferson Center, at 541 Luck Avenue, S. W.; and dispensing with the
second reading by title paragraph of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36505-100603. The motion
was seconded by Mr. Harris.
Mr. Charles Harlow, representing Blue Ridge Independent Living Center,
inquired if the change of polling place will be indefinite; whereupon, the Registrar
advised that a temporary change is proposed at this time; however, the Jefferson
Gym has been sold and will no longer be available for voting purposes; therefore,
a permanent location will be requested following the November 2003 election.
Mr. Harlow advised that as a former City employee who worked at
The Jefferson Center for a number of years, he could attest to the fact that
The Jefferson Center is not one of the easiest locations for persons with disabilities
to enter and to exit. He stated that if The Jefferson Center is to be used as a polling
place indefinitely, ramps should be installed and better parking facilities should be
provided. He added that parking for handicapped persons in the "U shaped" area
at the entrance to The Jefferson Center is not properly identified.
Council Member Bestpitch advised that he previously occupied office space
at The Jefferson Center and a concern was that visitors to the facility would often
park in the handicapped spaces outside the main entrance to The Jefferson Center.
He stated that the space should be more clearly marked for handicapped usage and
asked that the record reflect that there is a problem, spaces located immediately in
front of the building should be more clearly identified as handicapped parking only.
Therefore, he requested that the matter be referred to the City Manager for review.
22
Ordinance No. 36505-100603 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith---..-----------...--------.....-----------....---------.......-----........------------.........-------------Ei.
NAYS: N one.----------.....-----------..-..------...--------....------------------.------.----0.
(Council Member Fitzpatrick was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
WATER RESOURCES: The City Manager submitted a communication advising
that the existing 1994 Wastewater Agreement among the City of Roanoke and
Roanoke County, the City of Salem, the Town of Vinton, and Botetourt County has
been substantially updated and revised to reflect an agreed upon cost sharing
formula forthe 2003 Wet Weather Improvements atthe Water Pollution Control Plant;
the revision was necessary since existing contract terms require separate
negotiation of cost sharing of each major capital improvement; and following
discussion, costs for the project were determined based upon existing capacity
allocations.
It was further advised that other changes were desired by all parties,
including a different method of metering the City's flow contribution to the Water
Pollution Control Plant and revised rate calculations for monthly flow charges; and
to address ongoing maintenance needs, all parties will make payments, based upon
flow allocation, into a capital fund, which fund will allow plant staff to plan
improvements over multiple years while relieving budget uncertainty for partner
jurisdictions.
The City Manager recommended that the Mayor be authorized to execute the
2003 Regional Wastewater Collection and Treatment Contract on behalf of the City
of Roanoke; and authorize the City Manager to take such further action and to
execute such other documents as may be necessary to implement and to administer
such contract, such documents to be approved as to form by the City Attorney.
23
Mr. Dowe offered the following ordinance:
(#36506-100603) AN ORDINANCE endorsing the 2003 Regional Wastewater
Collection and Treatment Contract among the City of Roanoke, Roanoke County, the
City of Salem, the Town of Vinton, and Botetourt County and authorizing the Mayor
to execute such Contract on behalf of the City; authorizing the City Manager to take
such further actions and to execute such documents as may be necessary to
implement and administer such Contract; and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36506-100603. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith.---------------------.-..-.-------------------------------------------------.......-..----------....------.--Ii.
NAYS: N one...-.--..-------.------------------------------------.--......----.-----------------0.
(Council Member Fitzpatrick was absent.)
POLICE DEPARTMENT-EMERGENCY SERVICES-GRANTS: The City Manager
submitted a communication advising that the U. S. Marshals Service has proposed
the formation of a "Joint Fugitive Task Force" (JFTF) to improve cooperative efforts
among local jurisdictions in locating wanted persons; the mission of the Task Force
will be to conduct, in a coordinated manner, investigations and to arrest local, State
and Federal fugitives with outstanding warrants for crimes of violence; members of
the Task Force will include the United States Attorney's Office, United States
Marshals Service, Virginia Department of Game and Inland Fisheries, the Franklin
County Sheriff's Office, Roanoke Police, Bedford County Sheriff's Office, and the
Wytheville Police Department; membership of the Task Force will be limited to one
investigator and one alternate from each agency, with the exception of the State
agencies which may assign additional investigators due to their large geographical
coverage areas; all local and State law enforcement officers will be required to be
deputized as Special Deputy U. S. Marshals; the deputations will remain in effect
throughout the tenure of the officer's assignment on the Task Force; supervision of
personnel assigned to the Task Force will be the mutual responsibility of
participating agencies, however, day-to-day operations and administrative control
of the Task Force will be the responsibility the U. S. Marshals Joint Fugitive Task
Force Coordinator; the Coordinator will oversee prioritization and assignment of
targeted cases and related investigative activities in accordance with stated
objectives of the Task Force; the Memorandum of Understanding with the Task
24
Force provides that the City will hold harmless the United States from any claim,
cause of action or judgment resulting solely from the negligent acts of its employees
and that the City will assume liability for the negligence of its employees and for any
property damage to Federal vehicles resulting from the use of such vehicles by City
police officers; and this assumption of liability by agreement is not a waiver of
sovereign immunity.
It was further advised that the Police Department currently has a similar
function with the Drug Enforcement Administration and with the Bureau of Alcohol,
Tobacco and Firearms; participating in the Task Force will allow police officers to
access the U. S. Marshal's on-line search mechanisms in an attempt to locate
fugitives; and participating officers will learn new skills from interaction with officers
from other agencies.
The City Manager recommended that she be authorized to execute the
Memorandum of Understanding for the U. S. Marshals Service Blue Ridge Fugitive
Apprehension Strike Team Joint Fugitive Task Force of the Western District of
Virginia.
Mr. Dowe offered the following resolution:
(#36507-100603) AN RESOLUTION authorizing the execution of a
Memorandum of Understanding with the U. S. Marshal's Service and other law
enforcement agencies regarding the Blue Ridge Fugitive Apprehension Strike Team
Joint Fugitive Task Force of the Western District of Virginia.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Dowe moved the adoption of Resolution No. 36507-100603. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Wyatt, Cutler, Dowe, and Mayor
Smith------------------------..----------------...------------------.......-------------------------.-----...--...-li.
NAYS: None---------------------...-----------------------------------------------------------------0.
(Council Member Fitzpatrick was absent.)
25
POLICE DEPARTMENT-EMERGENCY SERVICES-GRANTS: The City Manager
submitted a communication advising that the Virginia Department of Emergency
Management has announced allocation of the 2003-11, Office of Domestic
Preparedness State Homeland Security Grant Program, which is designed to allow
local governments in Virginia to supplement funding received from the 2003-1
Equipment Grant Program; the 2003-11 Grant is intended for first responders to have
better preparedness to combat and deal with terrorist acts involving weapons of
mass destruction and to mitigate the costs of enhanced security at critical
infrastructure facilities during periods of hostilities with Iraq, and, if enough funding
remains, to help with costs in future periods of heightened threat.
It was further advised that the City of Roanoke has been allocated a total of
$246,434.00 under the grant, which amount is based upon a formula that provided
$50,000.00, plus $2.07 per capita to the City of Roanoke; and funding will be made
available upon review of the budget detail listing and approval by the Virginia
Department of Emergency Management and the Office of Domestic Preparedness.
It was explained that funding, which requires no local match, must be used
according to requirements specified by the Office of Domestic Preparedness; the
2003-11 Grant allows localities to spend funds in four areas of need in First
Responder Preparedness, including specialized emergency response equipment and
terrorism incident prevention equipment; design, development, conduct and
evaluation of exercises for the combating of terrorism; institutionalizing awareness
and performance level training; and for planning and administrative costs
associated with updating and implementing the State's Homeland Security strategy;
the grant requires that the City participate in and complete an assessment of its
abilities to handle a terrorist attack; and it is anticipated that the assessment will
take a sizeable amount of time on the part of key responders and management
personnel.
The City Manager recommended that she be authorized to execute any
agreements or documentation required in connection with obtaining and accepting
the allocation of funds, and to furnish such additional information and to take such
additional action as may be needed to implement and to administer such funds and
agreements, said documents to be approved as to form by the City Attorney; and
that Council appropriate funding of $246,434.00 and establish a corresponding
revenue estimate in accounts to be established by the Director of Finance in the
Grant Fund.
26
Mr. Dowe offered the following budget ordinance:
(#36508.100603) AN ORDINANCE appropriating funds for the Office of
Domestic Preparedness State Homeland Security Grant, amending and reordaining
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. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36508-100603. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith-.--------.----------------.--------..-----------..__________...________....______...__________..____________-45.
NAYS: N one..-------.-------...-----------.-----------...----------.-----
---------..---.----<1.
(Council Member Fitzpatrick was absent.)
Mr. Dowe offered the following resolution:
(#36509.100603) AN RESOLUTION authorizing the application to and
acceptance ofthe 2003-11 Office of Domestic Preparedness State Homeland Security
Grant from the Virginia Department of Emergency Management to obtain federal
funds under the federal Office of Justice Programs (OJP), National Domestic
Preparedness Office Grant Programs and authorizing the execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36509-100603. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith....------.-...------...---.-----....----------.-.------------......--------....-.------------....------------45.
NAYS: None-----.-..--------.....----------.......----------..--....--------..--------------------.-..Q.
(Council Member Fitzpatrick was absent.)
27
EMERGENCY SERVICES: The City Manager submitted a communication
advising that since July 1,1986, the City has been under contract with the Virginia
Department of Emergency Management to respond to level III hazardous materials
incidents in a regional concept involving firefighters/EMTS from the Cities of
Roanoke and Salem; and on November 18, 2002, Council authorized the
City Manager to renew the agreement to participate in a level III Regional Response
Team, with the agreement to be renegotiated biannually in order to keep funding and
reimbursement needs current.
It was further advised that the City of Roanoke benefits in several ways from
the contract; the City receives reimbursement for training, team member physical
examinations and purchase of related equipment; and without the State contract, the
City would still have a need for a hazardous materials response team, but would not
have the corresponding benefit of being a reimbursed regional provider.
It was explained that the present VDEM hazardous materials team contract
expires on June 30, 2004; VDEM agreed to furnish $15,000.00 per year in
"pass-through" funds in order to assist with the purchase of equipment, physicals,
and to attend training programs needed to comply with Federal and State response.
criteria mandates; and pass-through funding totaling $15,000.00 has been received
from VDEM.
The City Manager recommended that Council accept "pass-through" funding
which honors the two-year Virginia Department of Emergency Management
hazardous materials team contract for the period July 1, 2002 until June 30, 2004;
that Council appropriate $15,000.00 as follows: $10,000.00 to Expendable
Equipment and $5,000.00 to Training and Development under the Hazardous
Materials Response Team Grant; and establish a revenue estimate of $15,000.00 in
Account No. 035-520-3226-3226.
Mr. Harris offered the following budget ordinance:
(#36510-100603) AN ORDINANCE appropriating funds for the FY04 Hazardous
Materials Response Team Grant, amending and reordaining 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. 68.)
28
Mr. Harris moved the adoption of Ordinance No. 36510.100603. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith-------...-.---.----------------.----.........---..---------------------------------------..---...----..-----~.
NAYS: None.---------------------..-....----..---..-------------------------------------------------0.
(Council Member Fitzpatrick was absent.)
Mr. Dowe offered the following resolution:
(#36511-100603) A RESOLUTION authorizing the City Manager to accept, on
behalf ofthe City of Roanoke, "pass.through" funding from a two-year contract with
the Commonwealth of Virginia, Department of Emergency Management, to
participate in a Regional Hazardous Materials Response Team.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Dowe moved the adoption of Resolution No. 36511-100603. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith---.-...--..------------------.........---.--------------------------------------------........-...-...-...-~.
NAYS: None...---------------------...-......-..........----..-------------------------------------0.
(Council Member Fitzpatrick was absent.)
PURCHASE/SALE OF PROPERTY-PARKS AND RECREATION-
LANDMARKS/HISTORIC PRESERVATION-ENVIRONMENTAL POLICY: The
City Manager submitted a communication advising that as a part of the
multi-regional Blue Ridge Parkway viewshed planning process, the most recent
Virginia Outdoors Plan states the necessity for local governments to acquire private
land in order to preserve and to protect the view shed of the Blue Ridge Parkway;
the City's Vision Plan articulates the benefit to the entire community of preserving
trees in the Roanoke Valley; currently, there are approximately 55 acres of heavily
forested land identified as Official Tax Nos. 4470101 and 4480101 that lay contiguous
to the Blue Ridge Parkway and Mill Mountain Park, which are privately owned; and
the property owner is interested in preserving the land as a pristine open public
space rather than seeing the land developed.
29
It was further advised that in order to keep the property as a natural reserve,
the property owner has agreed to sell both parcels of land to the City of Roanoke for
$140,000.00, which is slightly under the assessed value; before purchase can be
made, a Phase I Environmental Site Assessment and a metes and bounds survey
will be conducted for both parcels of land; partial funding of $57,185.00 is available
in an undesignated capital fund balance and the remaining funds of $89,365.00 are
available in capital fund interest earnings; and total cost of $146,550.00 includes
the cost of assessment, survey and property purchase.
The City Manager recommended that Council approve purchase of properties
described as Official Tax Nos. 4470101 and 4480101, contingent upon return of an
acceptable title search and environmental assessment; and appropriate funds in an
account to be established by the Director of Finance in the Capital Projects Fund.
Mr. Cutler offered the following budget ordinance:
(#36512-100603) AN ORDINANCE appropriating funds for land acquisition at
Mill Mountain, amending and reordaining certain sections of the 2003-2004 Capital
Projects Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Cutler moved the adoption of Ordinance No. 36512-100603. The motion
was seconded by Mr. Dowe.
Elizabeth Belcher, Coordinator, Roanoke Valley Greenways, expressed
appreciation to the City for taking this initiative to not only protect the Blue Ridge
Parkway, but to enlarge Mill Mountain Park. She advised that Mill Mountain is a
unique resource to the citizens of the City of Roanoke and to the Roanoke Valley as
a region because few localities have a natural park that runs through their city. She
further advised that a general agreement was signed with the Blue Ridge Parkway
several years ago to facilitate connecting Roanoke's greenway network to Blue
Ridge Parkway trails, which includes the Chestnut Ridge Trail around the
campground and the horse trail that parallels the Blue Ridge Parkway almost to
Explore Park. She stated that the Blue Ridge Parkway completed its environmental
assessment last month which allows for rehabilitation and relocation of some
portion of the trail in preparation for connection of the Roanoke Valley's greenway
network to the trails, the objective of which is to ensure that Blue Ridge Parkway
trails are in a condition to support the use they will receive when greenways are
connected. She noted that Blue Ridge Parkway officials have authorized the
Roanoke Valley Greenway Commission to begin work on rehabilitation' and
maintenance of the trails; and it is hoped that there will be a connection in the near
future from the Mill Mountain Greenway to the Chestnut Ridge Trail and the Roanoke
30
Valley Greenways Commission will work with the City's Department of Parks and
Recreation and the Mill Mountain Advisory Committee with regard to how the
connection will be made which will allow the trail to go all the way to Explore Park.
Mr. Robert B. Manetta, 2821 Stephenson Avenue, S. W., advised that the Blue
Ridge Parkway is a major tourist attraction that brings many thousands of persons
to the Roanoke Valley on a regular basis. He stated that Council's action says that
the City of Roanoke is doing its share to protect the Blue Ridge Parkway viewshed
and expressed appreciation to the City of Roanoke.
Ordinance No. 36512-100603 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith-------------------------------------------.-----...--------------------------......--------------------------45.
NAYS: None.-....-.......--....-..--------------------------..........-.----------------------0.
(Council Member Fitzpatrick was absent.)
Mr. Cutler offered the following ordinance:
(#36516-100603) AN ORDINANCE providing for the acquisition of property
located contiguous to the Blue Ridge Parkway and Mill Mountain Park in order to
preserve the viewshed of the Blue Ridge Parkway; authorizing the proper City
officials to execute and attest any necessary documents for this acquisition; and
dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Cutler moved the adoption of Ordinance No. 36516-100603. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith----------------------------------------.-...--.-------------------.------------------.......--------------.-45.
NAYS: None..------------------------.-.-----------------.----------------..-------------------.--0.
(Council Member Fitzpatrick was absent.)
31
BUDGET.HUMAN DEVELOPMENT: The City Manager submitted a
communication advising that the City of Roanoke Department of Social Services and
the State Health Department entered into an agreement in 1994 to establish an
Eligibility Worker position through the Department of Social Services to be placed
at the Roanoke Health Department to assure that all citizens have an opportunity to
apply for Medicaid; the agreement remains in effect until modified by mutual consent
or operation of law; and there is no local cost for the position, with approximately
50 per cent of the cost to be reimbursed from Federal Medicaid administrative funds
and the Health Department will reimburse the remaining cost.
It was further advised that the Health Department is satisfied with the results
of having the position on location and wishes to continue the services; whereupon,
the City Manager recommended that she be authorized to continue the services of
the Eligibility Worker stationed at the Health Department, in accordance with the
original agreement; and that Council adopt revenues of $36,369.00 from State and
Federal sources and appropriate expenditures to accounts to be established by the
Director of Finance.
Mr. Dowe offered the following budget ordinance:
(#36513.100603) AN ORDINANCE appropriating funds for the Restricted
Eligibility Worker, amending and reordaining certain sections ofthe 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. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36513-100603. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith-------....-------------...-..---.--------------------.------------------------------------------...-.--..-..-Ei.
NAYS: None--..---------------.-....--.------------------..---.........-.......----.--------~.
(Council Member Fitzpatrick was absent.)
32
Mr. Dowe offered the following resolution:
(#36514-100603) A RESOLUTION authorizing the City Manager to continue the
services of the Eligibility Worker stationed at the Health Department in accordance
with the original Agreement between the Roanoke City Department of Social
Services, the State Health Department and the Virginia Department of Social
Services, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Dowe moved the adoption of Resolution No. 36514-100603. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith------------....---------------------...-.---.--.----------------.....---..----.------------------------------€i.
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 month of August 2003.
The Director of Finance advised that the format ofthe August Financial Report
was streamlined to include a report on the General Fund, Enterprise Funds and
Pension Plan. He stated that additional information, which has traditionally been
provided to the Council and an expanded review, will be presented at the Council's
quarterly Budget and Planning Committee meetings.
There being no questions or comments, without objection by Council, the
Mayor advised that the Financial Report would be received and filed.
REPORTS OF COMMITTEES:
ARCHITECTURAL REVIEW BOARD: The City Planning Commission submitted
a written report advising that the Architectural Review Board (ARB) reviewed and
approved amendments to the H-2, Neighborhood Preservation Overlay District
Architectural Design Guidelines pertaining to installation of replacement and
substitute siding on buildings in the historic district; the guidelines are instrumental
33
in guiding the review, consideration and decisions made by the ARB for requests
that are submitted to the Board; and guidelines, unlike provisions of the City Code,
such as the Zoning Ordinance, provide both the ARB and Council, upon appeal, with
the flexibility to consider any situation or context that warrants special
consideration.
It was further advised that revised sections of the guidelines focus on
replacing the terms "vinyl or aluminum" and "substitute" as they pertain to siding
with the word "synthetic"; the word "synthetic" encompasses a growing number of
replacement materials that are now available in the marketplace, and also includes
various stucco and/or Exterior Finish and Insulation and System materials; revisions
also make the installation of synthetic siding as a replacement material
'inappropriate' in the Historic District unless the ARB finds that the use of a
synthetic material is necessary to save a building due to the condition of the
structure and its original exterior cladding; a reference to color of the material has
been removed since color is not under the purview of the ARB in the H-2 District;
and the Board has purview over color only in the H-1 District which covers portions
of downtown Roanoke.
It was explained that the Architectural Review Board requests that Council
endorse guideline amendments; endorsement by Council of overall guidelines in
January 2001 demonstrated the support of Council of the guidelines; therefore, it is
appropriate that any amendments to the same guidelines also receive Council's
endorsement; and because decisions of the ARB may be appealed to Council, it is
important that Council use the guidelines in its decision-making process.
The City Planning Commission recommended that Council adopt a resolution
endorsing amendments to Architectural Review Guidelines as such guidelines
pertain to installation of replacement or substitute siding.
Mr. Bestpitch offered the following resolution:
(#36515-100603) A RESOLUTION endorsing an amendment to the Architectural
Design Guidelines for the H-2, Neighborhood Preservation District.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Bestpitch moved the adoption of Resolution No. 36515-100603. The
motion was seconded by Mr. Dowe.
34
The Mayor advised that he would support the proposed amendment, but
expressed concern that the City may be placing too many restrictions on those
persons who wish to make improvements to their property in the old southwest area,
and those same persons may be discouraged by the proposed guidelines and
abandon plans to rehabilitate homes that are in dire need of repair.
Resolution No. 36515-100603 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe, and Mayor
Smith-----------...-------------------..-------------------------------...-------------.--------------..-----------Ii.
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 COUNCIL:
COMPLAINTS.CITY MANAGER.CITY EMPLOYEES-PERSONNEL
DEPARTMENT: Council Member Wyatt advised that it was her understanding that the
City's grievance procedure provides that a grievance filed by a City employee
proceeds through the chain of command to the City Manager and if the grievance is
deemed grievable by the City Manager, it is heard by a grievance panel and the
decision of the panel is binding on both parties. She inquired as to when the panel
was deemed to the advisory in nature, with the City Manager making the ultimate
decision.
The City Manager responded that Ms. Wyatt could be referring to an instance
where it was deemed, in consultation with the legal department, that the grievance
panel had gone beyond the bounds of its authority in a determination which did not
fit within the grievance procedure decision making authority of the panel. She
explained that the only change that has been made in the grievance procedure,
which was effective July 2,2003, following proper notification of all City employees,
was to clarify certain language to provide that five days following the meeting, a
decision will be rendered bywhatever level of management that hears the grievance.
35
The City Manager advised there have been two instances in the past year
where the decision rendered by the grievance panel was determined to go beyond
the bounds ofthe panel's authority and in those two instances, no change was made
following the decision and the grievance panel was so advised.
Ms. Wyatt advised that City employees believe that there is no need to go
through the grievance panel and prefer to take their grievance directly to the courts,
rather than proceed through the grievance procedure. She expressed concern when
citizens are asked to serve on a grievance panel, to cite grievance procedures, and
to render decisions, only to have their decisions overturned by the City Manager.
The City Manager agreed with Council Member Wyatt and advised that an
orientation program will be offered to new members of the grievance panel in a effort
to avoid these kinds of situations in the future. She called attention to only two
occasions in the past 12 -18 months that the grievance panel has gone beyond the
bounds of its authority as it relates to the total number of decisions rendered by the
grievance panel.
The City Manager advised that Council will be provided with a communication
in response to the issues raised by Council Member Wyatt.
COMMITTEES-LIBRARIES: Council Member Bestpitch expressed appreciation
to Michael Ramsey, outgoing Chair, Roanoke Public Library Board, for his service
to the City of Roanoke and for a recent Commentary which appeared in The Roanoke
Times, the purpose of which was to direct attention to the library process. He
encouraged citizens of Roanoke to participate in a discussion over the next several
months on what library services of the future will be like, since the library system
is changing from the concept of a building containing books, to a system that
provides numerous resources in a variety offormats. He called attention to the need
to hear from citizens with regard to those resources that are the most beneficial
and how services can be delivered in the most efficient manner.
PROCLAMA TIONS-NEWSPAPERS-WA TER RESOURCES-ENVIRONMENTAL
POLlCY-HOUSING/AUTHORITY/-CODE ENFORCEMENT: Council Member Cutler
referred to a proclamation that was issued by the Mayor earlier in the meeting
proclaiming the month of October, 2003 as Family History Month. He advised that
fellow members of the Fincastle Chapter, Sons of the American Revolution, were
invited to attend the Council meeting inasmuch as the organization views the
Virginia Room of the Roanoke Public Library as a priceless resource, and has
expressed an interest in the planning process for improvements to the City's library
system, including access to and support/protection of genealogical and historical
collections in the Virginia Room.
36
Council Member Cutler commended the City's Department of Neighborhood
Services upon publication of the newsletter, "Around the Block with Roanoke's
Neighborhoods", which includes an article describing initial appointees to the
Roanoke Neighborhood Advocates (RNA) and states that the RNA will accept
applications from neighborhood leaders to serve on its policy body.
Council Member Cutler encouraged Roanoke Valley residents to attend the
Annual Virginia Environmental Assembly to be held in the City of Roanoke on
Saturday, October 26, 2003, 10:00 a.m. - 5:00 p.m., at Center in the Square, Mill
Mountain Theater, which will provide an opportunity to learn about and contribute
to discussions on a variety of environmental issues from water management to
transportation.
ARMORY/STADIUM-TOTAL ACTION AGAINST POVERTY-ROANOKE
SYMPHONY ORCHESTRA-SCHOOLS: Council Member Dowe commended the
Roanoke Symphony Orchestra on the success of the Polo Cup activity which was
held in Green Hill Park in the City of Salem on Saturday, October 4, 2003; and This
Valley Works, under the auspices of Total Action Against Poverty, for hosting the
Western Virginia Classic football game between St. Augustine College and Virginia
Union which was also held on Saturday, October 4, at Victory Stadium. He
congratulated both organizations on their efforts to bring these types of events to
the Roanoke Valley.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
TRAFFIC-STATE HIGHWAYS-BRIDGES-PERSONNEL DEPARTMENT-
TRANSPORTATION SAFETY: Mr. Chris Craft, 1501 East Gate Avenue, N. E., advised
th at:
. In view of State budget cuts, the Virginia Department of
Transportation has eliminated plans for a bridge at Hollins Road,
and inquired as to how the City can allow this to happen, but still
find the necessary funds to construct a new
stadium/amphitheater at Orange Avenue and Williamson Road.
He asked that the City work with VDOT to identify funds for
construction of the bridge at Hollins Road.
37
. The City of Roanoke should honor its commitments to the
Gainsboro community; i.e.: sidewalks, revitalization, improved
streets, etc.
. The median configuration on Williamson Road adversely impacts
some Williamson Road businesses.
. The City should investigate traffic congestion at Masons Mill
Road/Hollins Road.
. Council should investigate the hiring practices of the City of
Roanoke.
ARMORY/STADIUM-CITY COUNCIL: Mr. John Kepley, 2909 Morrison Street,
S. E., requested that Council reconsider its vote to demolish Victory Stadium in view
of the wishes of thousands of citizens who signed petitions that were previously
filed with the Council, and that citizens be given the opportunity to vote on the issue
at a public referendum. He advised that Council Member Wyatt recently stated that
she did not appreciate his attacking her on her decision to support a new
stadium/amphitheater at the Orange AvenuelWilliamson Road site; whereupon, he
stated that on numerous occasions he did not appreciate Ms. Wyatt's voting record
on certain issues, and at future City Council meetings he would present his
concerns in more detail. He stated that the four Members of Council who voted for
a new stadium/amphitheater are stealing a part of his heritage as a Roanoker, the
City has been insensitive to the pleads, requests and direct approaches of its
citizens; and with the exception of Council Member Dowe, those Council Members
who voted to build the new stadium/amphitheater are not native Roanokers,
therefore, Victory Stadium does not hold any special significance for them.
Council Member Wyatt asked that the record reflect that she voted to
construct a new stadium/amphitheater, but at no time has she ever voted to tear
down Victory Stadium.
ARMORY/STADIUM-ROANOKE CIVIC CENTER: Mr. Robert Gravely, 729
Loudon Avenue, N. W., advised that Victory Stadium should be creatively marketed
in lieu of constructing a new stadium; the average citizen of the City of Roanoke
cannot afford the price of a ticket to an event at the Roanoke Civic Center; more jobs
are needed to attract young people to the Roanoke Valley; and there is a need for
improved maintenance of the City of Roanoke and its infrastructure.
38
ARMORY/STADIUM-CITY COUNCIL: Ms. Helen E. Davis, 35 Patton Avenue,
N. E., commended those Members of Council who support the renovation of Victory
Stadium, in lieu of construction of a new stadium/amphitheater; and expressed
disappointment in those Council Members who voted to construct the new
stadium/amphitheater on Orange Avenue and Williamson Road. She also expressed
disappointment in the vote of Council Member Wyatt because heretofore she has
been the voice of the people and has represented the citizens of Roanoke on
numerous occasions, and although Ms. Wyatt's vote was sometimes in the minority,
she continued to speak on behalf of the citizens of Roanoke.
ARMORY/STADIUM-CITY COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue,
N. E., referred to proclamations which were issued by the Mayor earlier in the
meeting, one of which pertained to Family History Month, and was intended to
preserve the heritage that has shaped Roanoker's as a people and to renew the
commitment to the concept of home and family. She advised that over 7000 persons
who signed a petition in support of saving Victory Stadium consider the Stadium to
be a part of their home and a part of their heritage, yet Council saw fit not to honor
their wishes; therefore, what is the purpose ofthe Mayor's proclamation. She called
attention to another proclamation which declared October 19 - 25,2003, as Building
Character Week and advised that children are taught that Americans live in a
democracy, Americans vote and the majority vote wins, but in this case the petitions
signed by over 7000 citizens were votes that the City chose to ignore. She inquired
if the City of Roanoke is becoming a dictatorship where a few people rule to the
detriment of the majority, and asked that Council seriously consider what kind of
example it is setting for the young people of Roanoke.
CITY MARKET -COMPLAINTS-TAXES: Mr. Robert Craig, 70112th Street, S. E.,
expressed concern with regard to the City's utility tax on cellular telephone service;
an increase in his real property assessment by 33 per cent; wasteful spending of
taxpayers' money; and lack of dissemination of appropriate information by Council
and the City Administration to the citizens of Roanoke. He referred specifically to
certain unknowns regarding the Farmer's Market and the Subway restaurant and the
perception by some persons that the "mom and pop" operations in the City Market
Building will be replaced by national chain restaurants. He also called attention to
poor maintenance of the City Market building.
CITY MANAGER COMMENTS: NONE.
The Mayor declared the Council meeting in recess for two briefings and
continuation of a closed session on boards and commissions.
39
The Council immediately reconvened in the Council's Conference Room for
two staff briefings.
STATE HIGHWAYS: The City Manager introduced a briefing on the work of
staff and a committee of citizens charged with the responsibility of reviewing Long
Range Transportation recommendations.
Mr. Bestpitch, Vice Chair, Roanoke Metropolitan Planning Organization,
expressed appreciation to City Planning Commission Members Henry Sholz, Kent
Chrisman and Rick Williams who participated in the study.
Kenneth King, Jr., Manager, Streets and Traffic, reviewed the following
Roanoke Valley Area Metropolitan Planning Organization 2025 Long Range
Transportation Plan Recommendations:
"The City of Roanoke is pleased to submit recommendations for
consideration and inclusion in the Roanoke Valley Area 2025 Long-
Range Transportation Plan. The City of Roanoke values and
recognizes the planning process as being the primary building block
for effective transportation improvements. To be effective, plans must
be based upon projections of the transportation system's future
conditions, needs and opportunities, to effectively guide decision
making today and in the future. Through intergovernmental
cooperation, coordination, and public involvement, plans should shape
local, regional and state strategies for addressing economic growth,
safety, congestion, air quality and public mobility. All parties are
encouraged to be involved in the transportation planning and
improvement process to be proactive in integrating and utilizing all
modes of transportation. The City's recently completed Comprehensive
Plan emphasizes the need for sustainability; therefore, local and
regional plans should support compact urban development, discourage
sprawl and emphasize multi-modal forms of transportation that
prioritize facilities for bicycles, pedestrians, rail and transit as well as
accommodate automobiles.
The City of Roanoke Urban System - Financial Constrained List (on file
in the City Clerk's Office) contains both the financially constrained and
future vision list of urban projects for the City of Roanoke. One notable
project is the 1-581 and Elm Avenue improvement project. This is one
of the most congested areas within the regional transportation system
40
and has been a known problem for many years. The urban, primary,
and interstate systems converge in this single interchange and
improvements may require funding from each of these systems to
solve this complex problem. Traditionally, an interchange project of
this type would be funded solely from interstate funding sources;
however, because of the major importance of this project, the City of
Roanoke is prepared to have $8 million of the City's urban allocation
dedicated for this purpose. The willingness to have these urban funds
dedicated demonstrates the City's commitment to this improvement.
The MPO and VDOT should likewise make this project a high priority by
allocating the needed funds from all available sources (primary and/or
interstate systems) to support this improvement. Together with
Interstate 81, the 1-581 and Elm Avenue interchange is a top interstate
need that must be addressed in this long Range Transportation Plan.
The transportation system is dynamic in nature and these plans should
be continuously revised and officially updated every three to five years
to provide a comprehensive and accurate strategy for addressing the
ever changing needs of Virginia's citizens and businesses. The City of
Roanoke is committed to being a proactive leader and partner in these
very important endeavors."
Mr. King advised that the matter will be brought to Council at a public hearing
on Thursday, October 23, 2003; the MPO is currently in a 30 day public comment
period and staff will share with Council any public comments that were received with
regard to the Roanoke community, as well as the region as a whole, and will seek
Council's endorsement and approval to submit the document to the Metropolitan
Planning Organization, which is scheduled to address the matter at its meeting on
November 7, 2003.
POLICE DEPARTMENT: The City Manager introduced a briefing on certain
cooperative efforts between Roanoke City and Roanoke County in regard to facilities
for training police officers of both localities.
Keith L. Sidwell, Lieutenant, Roanoke City Police Academy, advised that
comprehensive, cost effective training for law enforcement personnel is a necessity
that impacts employees and citizens; Roanoke City and Roanoke County have a
history of collaboration for mutual benefit and the two localities combined resources
in August 1998 to build a regional firearms training range on a 14.9 acre tract of land
owned by Roanoke County; the two localities are currently working together to
41
develop a regional driver training facility on the same tract of land; the facility would
be under joint direction/supervision of a driver training facility-governing committee;
and the localities are working together to determine cost parameters and
development costs would be shared equally by the localities. He advised that they
are also in the discussion stage with Roanoke County concerning participation in
the development of a new Police Academy to be located within the City of Roanoke.
It was advised that the Roanoke Police Academy is currently housed at The
Jefferson Center, the Academy is certified by the Virginia Department of Criminal
Justice Services as an Independent Criminal Justice Academy, charged with
providing training for 240+ sworn personnel from the City of Roanoke, 114 from
Roanoke County and Dispatcher personnel; and fee-based training for other
jurisdictions/agencies and co-host regional training with ISS International is also
provided.
He noted that there is limited available space, inability to expand, and having
only two classrooms makes it necessary to conduct some classes off campus:
. Booker T. Washington Gym - Defensive Tactics for Basic
Training
. Roanoke County EOC . Background Investigator Training
. Jefferson Center Training Theater . OSHAlVPCI In-Service
Training
. PD Community Room and Patrol Conference Room - Chemical
Suite/Gas Mask Training
. Calvary Baptist Church - Reed School for Youth Investigators
and School Personnel
Due to limited space, areas within the facility have been converted to
accommodate multiple functions.
Lieutenant Sidwell advised that relocation to more suitable space is essential
for continued success in providing necessary training in a timely manner; Police
Department staff continue to work with Economic Development to explore
alternatives; Roanoke County has expressed continued interest in participating in
the City's program; and an actual site/funding source will need to be identified.
42
A possible funding source includes:
Section 9.1-106 of the Code of Virginia (1950) as amended, which was
amended and reenacted on April 2, 2003 (HB 2511, SB 1345) addresses
fees for criminal justice training academies and provides that upon
conviction for certain traffic and criminal charges, certain fees will be
assessed as court costs, effective July 1, 2003, and the State set its
current fee at $1.00.
Section 9.1-106 provides that a locality may charge a similar in nature
fee if the locality does not participate in a regional criminal justice
training academy and the locality was operating a certified independent
criminal justice academy as of January 1, 2003; stipulates that any and
all funds from such local fee shall support the local criminal justice
academy, and existing funds shall not be reduced as a result of
enacting the fee.
Other localities surveyed indicate that ofthose qualifying localities that
have enacted a fee, Chesapeake, Chesterfield County and Richmond
enacted a $1.00 fee and Virginia Beach enacted a $5.00 fee.
The Police Department staff will continue to explore available
alternatives for a suitable site; the City Administration will submit a
report/ordinance to Council for review and approval recommending
amendment ofthe Code ofthe City of Roanoke, (1979), as amended, to
provide for a court assessment fee of $3.00, pursuant to Section 9-106
of the Code of Virginia, effective November 1, 2003, with funds
collected to be used solely to support relocation/additional operating
expenses of the City's Police Academy.
The Clerks of General and Circuit Courts would charge and collect the
assessment as a part of the fees taxed as court costs, funds collected
would be submitted to the City Treasurer; funds posted as General
Fund revenue and held would be subject to appropriation by Council;
projected revenue from the $3.00 assessment is estimated at
approximately $54,000.00 annually, and would be used solely to
support the City's criminal justice academy as mandated and provide
forthe relocation/additional operating expenses ofthe Police Academy.
At 5:00 p.m., the Council reconvened in Closed Session in the Council's
Conference Room.
43
At 5:20 p.m., the Council meeting reconvened in the Council Chamber, with
all Members of the Council in attendance, except Vice.Mayor Harris and Council
Member Fitzpatrick, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Wyatt and Mayor Smith-----5.
NAYS: N one---------------------------------........------------.-.--.--...--------0.
(Vice-Mayor Harris left the meeting during the City Manager's briefing on police
training facilities.)
(Council Member Fitzpatrick was absent.)
OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: The
Mayor advised that the term of office of Donald C. Harwood as a member of the
Architectural Review Board expired on October 1, 2003, and called for nominations
to fill the vacancy.
Mr. Cutler placed in nomination the name of Donald C. Harwood.
There being no further nominations, Mr. Harwood was reappointed as a
member of the Architectural Review Board, for a term ending October 1,2007, by the
following vote:
FOR MR. HARWOOD: Council Members Wyatt, Bestpitch, Cutler, Dowe, and
Mayor Sm ith-------.......-----------------------------.....-.------------...----------------.-.---..----5.
NAYS: None-------------..--.-..-....--------------.---..------------......-------------------0.
(Vice.Mayor Harris and Council Member Fitzpatrick were absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER: The Mayor
advised that the terms of office of Calvin H. Johnson and Thomas G. Powers as
members of the Roanoke Civic Center Commission expired on September 30, 2003,
and called for nominations to fill the vacancies.
44
Mr. Cutler placed in nomination the names of Calvin H. Johnson and
Thomas G. Powers.
There being no further nominations, Messrs. Johnson and Powers were
reappointed as members ofthe Roanoke Civic Center Commission, forterms ending
September 30, 2006, by the following vote:
FOR MESSRS. JOHNSON AND POWERS: Council Members Wyatt, Bestpitch,
Cutler, Dowe, and Mayor Sm ith ---------------------------------------------------..-------------5.
(Vice.Mayor Harris and Council Member Fitzpatrick were absent.)
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor advised that the
term of office of Lynn D. Avis as a Commissioner of the Industrial Development
Authority will expire on October 20, 2003, and called for nominations to fill the
vacancy.
Mr. Cutler placed in nomination the name of F. Gordon Hancock.
There being no further nominations, Mr. Hancock was appointed as a
Commissioner of the Industrial Development Authority, for a term ending
October 20,2007, by the following vote:
FOR MR. HANCOCK: Council Members Wyatt, Bestpitch, Cutler, Dowe, and
Mayor Sm ith---...-.........-...-..-...--.--------------------------------------..---------------------5.
NAYS: None---------------.......--------------------------------..---...------------.().
(Vice.Mayor Harris and Council Member Fitzpatrick were absent.)
COUNCil-HOUSING/AUTHORITY: Mr. Cutler moved that Vice.Mayor C. Nelson
Harris and Council Member Beverly T. Fitzpatrick, Jr., be appointed as the Council's
representatives to a Joint Council/Housing Authority Ad Hoc Committee to Study the
Role of the Roanoke Redevelopment and Housing Authority. The motion was
seconded by Mr. Dowe and adopted.
At 5:30 p.m., the Council meeting was declared in recess until Friday,
October 17, 2003, at 9:00 a.m., at the Roanoke County Administration Center, fourth
floor Conference Room, 5204 Bernard Drive, S. W., for ajoint meeting of City Council
and the Roanoke County Board of Supervisors, with regard to formation of a
regional water/waste water authority.
45
A joint meeting of Roanoke City Council and the Roanoke County Board of
Supervisors was called to order on Friday, October 17,2003, at 9:30 a.m., at the
Roanoke County Administration Center, Fourth Floor Conference Room, 5204
Bernard Drive, Roanoke, Virginia, with Mayor Ralph K. Smith and Chaiiman
Joseph P. McNamara presiding, forthe purpose of discussing issues in connection
with the purposed regional water and waste water authority.
ROANOKE CITY COUNCIL MEMBERS PRESENT: William D. Bestpitch,
M. Rupert Cutler, C. Nelson Harris (arrived late) Linda F Wyatt (arrived late) and
Mayor Ra I ph K. Smith ---------..---------------......-----------------..--...-----------------------------5.
ABSENT: Council Members Alfred T. Dowe, Jr., and BeverlyT. Fitzpatrick-----2.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Michael W. Altizer,
Joseph B. Church, Richard C. Flora, H. Odell Minnix, and Chair Joseph P.
McN am ara -----...---------------......----------------..--------------------...........--.-.----------------5.
ABSENT: None--------....-----------------...--.--------------------------........-----------.----0.
STAFF PRESENT:
Representing the City of Roanoke: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Mary F.
Parker, City Clerk; Rolanda B. Russell, Assistant City Manager for Community
Development; George C. Snead, Jr., Assistant City ManagerforOperations; and Mike
McEvoy, Director of Utilities.
Representing Roanoke County: Elmer C. Hodge, County
Administrator; Paul M. Mahoney, County Attorney; Diane Hyatt, Director of Finance;
Diane Childers, Clerk to the Board of Supervisors; John M. Chambliss, Assistant
County Administrator; and Gary Robertson, Utilities Director.
The meeting was opened with a prayer by Mr. Chambliss.
WATER/AUTHORITY:
Mr. Hodge advised that at the last meeting on Friday, August 22, 2003, it was
reported that the Articles of Incorporation would be the topic of the next joint
session of the two governing bodies. He commended the two staffs for their
ongoing efforts on behalf of the formulation of the proposed regional water and
waste water authority and called upon Mr. Mahoney, County Attorney, for a
discussion of the proposed Articles of Incorporation.
46
Mr. Mahoney advised that some time ago, City Council and the Board of
Supervisors indicated that they would like to hold a joint work session to review
several issues regarding the Articles of Incorporation; therefore, the topics of
authority board composition, terms of office of board members, name of the
authority and other special provisions have been identified for discussion. He
stated that one of the guiding principles set forth by the two governing bodies
provides for equal representation which could result in tie votes that could cause an
impass to successful conclusion of public business. He called attention to
discussion with regard to appointing an odd number of members to the Authority
Board to serve as a tie breaker, who would participate in all deliberations and
activities of the authority; and a seven member authority appears to be the
consensus of the two governing bodies.
The Mayor advised that it is the consensus of Roanoke City Council that total
Authority Board membership will consist of seven.
Mr. Mahoney advised that City Council would appoint three members and the
Board of Supervisors would appoint three members to the Authority Board, and
inquired as to the consensus of the two governing bodies as to how the seventh
member would be appointed.
The Mayor advised that it is the consensus of Roanoke City Council that three
members will be appointed from each locality, upon appointment of the six
members they will decide on the seventh member, and at least two Roanoke City
members and two Roanoke County members would recommend the seventh
member, who would be ratified by the City Council and the Board of Supervisors.
Mr. Mahoney inquired, in the event that the six Authority Board members
cannot agree on the seventh member, should the matter then go to the Circuit Court
Judges to appoint the seventh person, or would the six members make a
recommendation to the governing bodies on the seventh member, with the two
governing bodies confirming or ratifying the seventh member.
There was discussion as to the timeframe for acting on the matter;
whereupon, Mr. Mahoney advised that the attorneys are requesting input from the
two governing bodies in order to prepare the final draft of the Articles of
Incorporation, which will be presented to the two governing bodies at their meeting
on November 19, 2003. He stated that on November 19, it is requested that the
attorneys be authorized to advertise a legal notice for a public hearing in January
2004, and advised that another draft of the Articles of Incorporation will be prepared
for review by the two governing bodies prior to the time that the matter is advertised
for public hearing.
47
At 9:55 a.m., Council Member Wyatt entered the meeting and the Mayor
declared the existence of a quorum of the Roanoke City Council.
It was the consensus of the Council and the Board of Supervisors that three
members will be appointed by Roanoke City Council and three members will be
appointed by the Roanoke County Board of Supervisors, the six members of the
Authority Board will select the seventh member which will require
ratification/confirmation by the City Council and the Board of Supervisors; and ifthe
seventh member is not appointed in a timely manner, the seventh member will be
appointed by the Circuit Court Judges.
There was discussion in regard to composition of the Authority Board;
whereupon, Mr. Cutler advised that Roanoke City Council has tentatively agreed to
appoint one Member of the Council, one member of the City's Executive Staff, one
citizen with expertise in the subject area, and the seventh member would be a
person well known to both City and County officials, who has either legal or
engineering expertise.
The City Attorney advised that according to the time line previously presented
to the Council and to the Board of Supervisors, it was proposed that both the
Council and the Board of Supervisors would select their initial representatives by
the November 19 meeting and the name of the seventh person would be submitted
with the initial Articles of Incorporation to the State Corporation Commission on
January 15, 2004; a public hearing will be held to adopt concurrent resolutions
creating the Authority, which must be submitted to the State Corporation
Commission, and within 30 . 60 days the Authority should be chartered and
operational.
At 10:15 a.m., Vice-Mayor Harris entered the meeting.
It was the consensus that the City Council and the Board of Supervisors will
share a short list of names of persons to be appointed by both localities to the
Authority Board prior to the November 19, 2003, joint meeting of the two governing
bodies.
Mr. Mahoney advised that once the State Corporation Commission grants a
charter to the Authority in February-March, 2004, the Authority will be operational,
the Authority will meet in April - May to establish water rates, effective July 1,2004,
and to adopt a budget and by-laws, etc.
48
The legal staff advised that by no later than mid to late December, the six
members of the Authority Board should be appointed.
Questions were raised in regard to issues such as how often the Authority
Board will meet, reimbursement to members for Authority-related expenses,
conferences, orientation of members, etc.; whereupon, Mr. Mahoney advised that
many of the issues are not addressed in the Articles of Incorporation, but are tasks
that will occur in the November - January timeframe, and some of the issues will be
addressed when the Authority Board adopts its by-laws which are required to be
ratified, confirmed or approved by the State Corporation Commission.
Upon question, Mr. Mahoney advised that the initial draft of the Articles of
Incorporation does not specify one elected official, one appointed person, or one
citizen, which are appointment decisions that must be made by each governing
body; and there is no intent to debate the process of making appointments.
There was discussion in regard to terms of office; whereupon, Mr. Hackworth
advised that initial appointments in the proposed by-laws provide that one
representative will be appointed from each locality for a four year term, one
representative for a three year term, and one representative for a two year term, with
the term of office of the seventh member to be taken into consideration when
considering composition and rotation of members.
It was summarized that the intent of the discussion is to provide that initial
elected officials will serve two year terms of office and will not be eligible for
reappointment; staff persons will serve three year terms of office and will not be
eligible for reappointment; and citizens will serve four year terms of office and will
be eligible for reappointment, with a limit of two consecutive four year terms of
office.
Following discussion and so as not to tie the hands of a future Board of
Supervisors or City Council, Mr. Mahoney suggested that it be the consensus of the
two governing bodies that the above referenced terms of office will be approved, but
such will not be set forth in the Articles of Incorporation, and that such be recorded
in the official minutes of the meeting.
With regard to the draft Articles of Incorporation, Mr. Mahoney advised that the
super majority vote applies to: (1) adding new jurisdictions, (2) any kind of contract
or agreement for the bulk sale of surplus water, or the acceptance or treatment of
waste water; and (3) a recommendation by the six initial members of the Authority to
appoint a seventh member. He inquired if there are other issues that would require
a super majority vote.
49
No additional issues were mentioned.
The following names were suggested for the proposed regional water and
waste water authority:
Regional Water Authority
Aqua Source
Western Virginia Water Authority
By consensus of the two governing bodies, Western Virginia Water Authority
was selected as the name of the proposed regional water and waste water authority.
Mr. Robertson presented copy of the Water and Waste Water Authority Team
Activity Report dated October 17, 2003.
(For full text, see report on file in the City Clerk's Office.)
The City Manager advised that a tremendous amount of work has been done
and continues to be done by not only the management team, but employees in both
the water and sewer operations of the City and the County who are committed to
making the Authority a success. She stated that a number of issues still need to be
addressed and will begin to come together over the next several months.
Mr. Hodge reported on regional meetings that were held in Roanoke City and
Roanoke County, all of which were well planned, even though attendance could have
been better. He stated that citizens who attended the meetings were supportive, they
asked questions and listened to the presentations made by financial and engineering
staff and they left the meetings with a better understanding of how the proposed
arrangement will make both the City and the County systems stronger. He advised
that additional meetings can be held in the spring of 2004 if that is the desire of the
Council and the Board of Supervisors, and asked for guidance by the two governing
bodies. He stated that additional information will be presented at the November 19,
2003 meeting on the rate study and schedule.
It was suggested that another round of public meetings be held with citizens
prior to establishment of water rates.
Mr. Mahoney advised that a draft of the proposed Articles of Incorporation will
be provided to the Council and to the Board of Supervisors at last two weeks prior
to the November 19, 2003 meeting.
50
It was suggested that prior to adjourning the meeting, there should be a sense
of understanding as to when the two governing bodies will exchange names of the
six initial appointees to the Authority Board.
There being no further business, the Mayor declared the meeting adjourned at
10:55 a.m.
(The next joint meeting of the Council and the Board of Supervisors will be held on
Wednesday, November 19, 2003, at 9:30 a.m., in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke.)
APPROVED
ATTEST
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
- - - - - . - - - . - - - -
51
SPECIAL SESSION-----ROANOKE CITY COUNCIL
October 15, 2003
3:15 p.m.
The Council of the City of Roanoke met in special session on Wednesday,
October 15, 2003, at 3:15 p.m., in the Roanoke Civic Center Exhibit Hall, Parlor E, 710
Williamson Road, N. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith
presiding, pursuant to Section 10, Meetings of Council, of the Charter of the City of
Roanoke.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, C. Nelson
Harris, Linda F. Wyatt (arrived late), and Mayor Ralph K. Smith--------------------------5.
ABSENT: Council Members Alfred T. Dowe, Jr., and Beverly T. Fitzpatrick,
Jr.-----------------------------______________________------------------------------------__________________-------2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was called pursuant to the following communication from the
City Manager:
"Pursuant to ~ 10 of the Charter of the City of Roanoke, I am calling a
Special Meeting of Roanoke City Council. The Special Meeting will be
held on Wednesday, October 15, 2003, at the Roanoke Civic Center in
Parlor E. The purpose of the Special Meeting is to convene a closed
meeting for the discussion of an award of a public contract involving
the expenditure of public funds, pursuant to Section 2.2-3711.A.30,
Code of Virginia (1950), as amended."
Mr. Bestpitch moved that Council convene in closed session to discuss award
of a public contract involving the expenditure of public funds, pursuant to Section
2.2-3711 (A)(30), Code of Virginia, 1950, as amended. The motion was seconded by
Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Harris, and Mayor Smith-----------4.
NAYS: None--------------------_.------______._______________--------------------------------------.0.
(Council Members Dowe and Fitzpatrick were absent.)
(Council Member Wyatt entered the meeting during the Closed Session.)
At 3:20 p.m., the Mayor declared the meeting in recess for one closed session.
At 4:30 p.m., the meeting reconvened in the Roanoke Civic Center Exhibit Hall,
Parlor E, with Mayor Smith presiding and all Members of the Council in attendance,
with the exception of Council Members Dowe and Fitzpatrick.
(Vice-Mayor Harris left the meeting during the Closed Session.)
CITY COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Bestpitch moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2) only
such public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Wyatt, and Mayor Smith-----------4.
NAYS: None-----------------------------_____________________-------------------------------------.0.
(Council Members Dowe, Fitzpatrick and Harris were absent.)
There being no further business, the Mayor declared the special meeting
adjourned at 4:35 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL
October 23, 2003
2:00 p.m.
The Council of the City of Roanoke met in regular session on Thursday,
October 23, 2003, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant
to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reaular Meetings, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 36414-070703 adopted by Council on
Monday, July 7,2003.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, M. Rupert
Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris, and Mayor
Ral ph K. Sm ith -----------------------------------------------------------------------------------------------7.
ABSENT: None-------------------------------------------------------------------------------------0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The Invocation was delivered by The Reverend Harry M. Miller, Jr., Pastor,
Roanoke Valley Cathedral of Praise.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Ralph K. Smith.
PRESENTATION AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT-NATIONAL LEAGUE OF CITIES: The Mayor
presented a $1000.00 check to The History Museum and Historical Society of
Western Virginia, in recognition of the City of Roanoke being selected as a winner
of the 2003 James C. Howland Awards.
PROCLAMATIONS-DISABLED PERSONS: The Mayor presented a proclamation
declaring the month of October 2003, as National Disability Employment Awareness
Month.
PROCLAMATIONS-FIRE DEPARTMENT: The Mayor presented a proclamation
declaring Sunday, October 26, 2003, as Change Your Clock, Change Your Battery
Day.
1
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to one closed session.
MINUTES: Minutes of the regular meeting of Council held on Tuesday,
September 2, 2003; and recessed until Friday, September 5, 2003, were before the
body.
Mr. Cutler moved that the reading of the minutes be dispensed with and that
the minutes be approved as recorded. The motion was seconded by Mr. Bestpitch
and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Sm ith-----------------------...-----------------.....----------------...----------------..--.--7.
NAYS: None----..-.-..-....----------------------.------------------.---.--------------0.
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)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Cutler moved that Council concur in the request of the Mayor to convene
in a Closed Meeting as above described. The motion was seconded by Mr. Bestpitch
and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
an d Mayor Sm ith -------------.-....------------------.---------------.---------------.---------------..------7.
NAYS: N one-....-------------------..--------------...-----------...-.------------.-----0.
CITY COUNCIL-ROANOKE ARTS COMMISSION.HOUSING/AUTHORITY: A
report of qualification of Susannah Koerber as a member of the Roanoke Arts
Commission, for a term ending June 30, 2006; and Joseph F. Lynn as a
Commissioner of the Roanoke Redevelopment and Housing Authority, for a term
ending August 31, 2007, was before Council.
2
Mr. Cutler moved that the report of qualification be received and filed. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
an d Mayor S mith -------------------------------------------------------------------------------------------7.
NAYS: None----------------------------------------------------------------------0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
The City Manager introduced Gareth McAllister, Facilities Manager.
ITEMS RECOMMENDED FOR ACTION:
BUDGET -CITY INFORMATION SYSTEMS-SCHOOLS-WATER RESOURCES: The
City Manager submitted a communication advising that the Information Technology
Committee (ITC) has completed review oftechnology projects and equipment needs
throughout the City of Roanoke and developed a list of recommendations that were
determined to meet the goals of the Information Technology Strategic Plan, as set
forth in an attachment to the communication; and all items will be purchased in
accordance with requirements as set forth in Chapter 23.1, Procurement, of The
Code of the City of Roanoke, 1979, as amended.
It was further advised that the Department of Technology, an internal service
fund, currently has retained earnings available for appropriation in the amount of
$1,125,000.00 that can be allocated for technology needs; and funding in the amount
of $1 ,566,635.00 is available from the following sources:
.
Capital Funding included in the FY04 Technology Budget
Debt Service savings due to bond refunding
Water and Sewer Fund Retained Earnings
(Replacement of utility billing systems server and
fund 50% of Work Management System)
$541,338.00
350,000.00
380,000.00
.
.
3
. School Fund - Year 1 of 10 (total funding commitment of
$1.5 million for Financial Application Systems Project)
. Help America Vote Act grant funding for voting machines
. Reallocation of Existing Project Tracking System Funds
. Roanoke Valley Libraries (RVL)
The total of all funding sources available for appropriation is
150,000.00
100,000.00
34,947.00
10,350.00
$ 1,566,635.00
$ 2,691,635.00
Total
The City Manager recommended that Council adopt an ordinance to
appropriate funds to new or existing project accounts to be established by the
Director of Finance in order to support strategic technology needs and
enhancements.
Mr. Harris offered the following ordinance:
(#36517 -102303) AN ORDINANCE appropriating funding to various technology
projects, amending and reordaining certain sections of the 2003-2004 General,
Water, Water Pollution Control, Parking, Technology, and School Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Harris moved the adoption of Ordinance No. 36517-102303. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith --------------------------------------------------------------------------------------------7.
NAYS: None----------------------------------------------------------------------------------..().
POLICE DEPARTMENT-BUDGET-FIRE ARMS-GRANTS: The City Manager
submitted a communication advising that various law enforcement agencies often
participate with the A TF in criminal investigations; and property seized in a criminal
investigation, in which other law enforcement agencies participate, is divided among
the ATF and participating agencies.
It was further advised thatthe City of Roanoke Police Department has received
$100,306.50 from ATF as its share of property seized as a result of a criminal
investigation; revenue received is available for appropriation in Revenue Account
No. 035-640-3335-3346 and must be used for training and equipment for the
department; the City of Roanoke and Roanoke County are now working together in
development of a regional driver training facility; up to $70,000.00 of ATF revenue
will be used to fund a portion of the City's share of development costs associated
with the regional driving range; and the remainder of funds will be used for
4
equipment related purchases for the department.
It was stated that action by Council is required to appropriate funds to the
Grant Fund - ATF line item expense accounts and to increase estimate revenues for
same.
The City Manager recommended that Council appropriate funds totalling
$100,306.00 for the ATF One-time Deposit, and establish a revenue estimate in the
same amount in Account No. 035-640-3335-3346 in the Grant Fund:
Description
Construction - Other
Equipment
Total
Obiect Code
9065
9005
Amount
$ 70,000.00
30.306.00
$100,306.00
Mr. Fitzpatrick offered the following ordinance:
(#36518-102303) AN ORDINANCE appropriating funds for the Alcohol,
Tobacco, and Firearms Grant, amending and reordaining certain sections for 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. 68.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36518-102303. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Sm ith -------------------------------------------..----------------------------------------------7.
NAYS: None-------------------------------------------------------------------------------------------.().
PARKS AND RECREATION-SCHOOLS: The City Manager submitted a
communication advising that the Parks and Recreation Department opened its first
fitness center in partnership with the Roanoke Public Schools at Breckinridge
Middle School in October 1997, which was followed by fitness center openings at
Woodrow Wilson Middle School in November 1998, Addison Middle School in
December 1999 and Jackson Middle School in February 2001; and the original
agreement for Woodrow Wilson Middle School expired on October 14, 2003.
It was further advised that the Roanoke City Public Schools use the fitness
room and equipment for physical education classes and sports conditioning; and
the Parks and Recreation Department operates the facility as a fitness center, open
to the general public during non-school hours.
5
It was explained that the current one year agreement with the Roanoke City
School Board, with an option to renew for four additional one.year terms, expired on
October 14, 2003; the current agreement was authorized by Council pursuant to
Ordinance No. 34029.100798; minor revisions have been made to the current
agreement; and it is requested that the revised agreement be continued for an
additional term of one year, with an option to renew for up to four additional one-
year terms, ending October 31, 2008.
The City Manager recommended that she be authorized to execute the
necessary documents, in a form to be approved by the City Attorney, to continue
operation of the Woodrow Wilson Middle School Fitness Center.
Mr. Harris offered the following resolution:
(#36519.102303) A RESOLUTION authorizing the City Manager to execute an
agreement between the City of Roanoke School Board and the City of Roanoke,
allowing the City to operate a fitness center at the Woodrow Wilson Middle School
for use by the general public, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Harris moved the adoption of Resolution No. 36519-102303. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ----------------------------------.---....-------.----------------------.--.....----7.
Nays: None-------------------------------------------------------.........--------------------.-..-0.
BUDGET -GRANTS: The City Manager submitted a communication advising
that on September 25, 2003, the U. S. Department of Housing and Urban
Development announced that the City of Roanoke had been awarded a $1 ,543,704.00
grant for the Lead Hazard Control Grant Program, the goal of which is to forge
partnerships between local government departments, public agencies, faith-based
groups and community-based non-profit organizations to educate the community
regarding the hazards of lead, and to identify and controllead.based paint in homes
with children less than six years of age; the program will focus on three key
objectives: outreach/education and training, health screening, and lead hazard
control/abatement/reduction; and a Lead-Safe Advisory Council has been
established to help guide implementation of the program.
It was further advised that the required 20 per cent matching funds level for
the grant was exceeded and is comprised solely of in-kind support provided by
participating departments and agencies; and the grant was authored and submitted
in collaboration with Randall Funding and Development, Inc., the firm with which
Council authorized execution of a contract for grant writing services.
6
It was explained that childhood lead poisoning is a serious problem in the City
of Roanoke, especially in the urban core, which is the target of the program; one in
18 children younger than six years of age who were diagnosed in Virginia between
1995 and 2001 as having contracted lead poisoning came from the City of Roanoke;
almost all of the housing stock in the inner City's neighborhoods was built before
1978, the year that lead-containing paint was banned; housing age and
socioeconomic conditions in these areas contribute to the high level of risk for
childhood lead poisoning; and the Lead Hazard Control Grant Program will educate
the public about the issue of lead and how to keep children safe, test at least 1,000
children younger than six for lead poisoning, provide at least 500 lead-safe cleaning
kits to residents, provide grants to property owners to abate or to neutralize 100
housing units occupied by one or more children younger than six years of age, and
purchase a small, mobile house, which can be used to demonstrate how to keep
clean a home with lead-based paint.
The City Manager recommended that she be authorized to accept the grant
award and to execute the grant agreement and other related documents, to be
approved as to form by the City Attorney, and establish revenue and expenditure
estimates of $1 ,543,704.00 in the Grant Fund in an account to be established by the
Director of Finance entitled, "Lead Hazard Control Grant".
Mr. Dowe offered the following ordinance:
(#36520-102303) AN ORDINANCE appropriating funds for the Lead Hazard
Control Grant, amending and reordaining 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. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36520-102303. The motion
was seconded by Mr. Cutler.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired if a program is
available for abatement of lead in its entirety. She advised that as persons travel
throughout the City of Roanoke and Roanoke County, the air they breath is
constantly being polluted.
Mr. Cutler advised that the Environmental Protection Agency required the
manufacturers of gasoline to remove tetra ethyl lead from gasoline several years
ago, therefore, there is far less lead emission in the environment.
Ordinance No. 36520-102303 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Sm ith.------------......-..-------------...----------------..-.-.-------.....-------...-------7.
NAYS: None-.--...----------...------------------.......--------------..-.-------...._.._______-<1.
7
Mr. Fitzpatrick offered the following resolution:
(#36521-102303) A RESOLUTION authorizing the acceptance of a grant from
the United States Department of Housing and Urban Development, in the amount of
$1,543,704.00, for the Lead Hazard Control Grant Program; and authorizing the City
Manager to execute the requisite grant agreements.
Mr. Fitzpatrick moved the adoption of Resolution No. 36521-102303. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Sm ith ------------------------------------------------------------------.---------------------7.
NAYS: None--------------------------------------------_.._----------------.-..---------------0.
POLICE DEPARTMENT-CITY CODE: The City Manager submitted a
communication advising that the Roanoke Police Academy, located atThe Jefferson
Center, a Virginia Department of Criminal Justice Services (DCJS) certified
independent criminal justice academy, currently operates in limited space; space
confinement forces the Academy to conduct classes off campus, to use current
space for completing multiple functions, and makes it impossible for the Academy
to expand; therefore, relocation of the Academy has become necessary and
essential for continued success in providing mandated training in a timely manner.
It was further advised thatfunds need to be identified for expenses associated
with relocation of the Academy; a possible source for such funding can be found in
Section 9.1-106, Code of Virginia, (1950), as amended, concerning criminal justice
training academy fees, which was amended and reenacted on April 2, 2003, (House
Bill 2511, Senate Bill 1345); effective July 1, 2003, Section 9.1-106 Code of Virginia,
states that upon conviction of citizens for certain traffic and criminal charges,
certain fees as provided in Sections 16.1-69.48.1,17.1-275.1,17.1-275.2,17.1-275.3,
17.1-275.4,17.1-275.7,17.1-275.8, and 17.1-275.9 will be assessed as court cost; and
the amount collected, in whole or in part, for the fixed fee is being apportioned, as
provided by law, with the Regional Criminal Justice Training Academy Fund
receiving a share; and the State's fee is currently set at $1.00.
It was explained that Section 9.1-106 also authorizes localities, including the
City of Roanoke, which do not participate in a regional training academy and operate
a certified independent criminal justice academy as of January 1, 2003, to charge
similar in nature fees; however, it mandates that any and all funds from such local
fee shall support the certified independent local criminal justice academy; other
localities were surveyed as to eligibility and to determine fees charged; and ofthose
localities which qualify and have enacted a fee, Chesapeake, Chesterfield County,
and Richmond charge a fee of $1.00, while Virginia Beach has enacted a $5.00 fee.
It was noted that based on and pursuant to Section 9.1-106 of the Code of
Virginia, the City Attorney has prepared an ordinance, which provides for an
effective date of November 1, 2003, and for the assessment of $3.00 to be imposed
8
in every case in which costs are assessable; the Clerks of the District and Circuit
Courts will change and collect the assessment as a part of bills taxed as costs; and
after collections by the Clerk ofthe Court in which the case is heard, the assessment
will be remitted to the City Treasurer and held subject to appropriation by Council.
It was advised that projected City revenues from the additional assessment
are currently estimated to be approximately $54,000.00 per year and would be used
to help fund expenses associated with relocation of the academy; Roanoke County
Police Department recruits also attend the academy; and since Roanoke County
does not qualify for a new fee, the County has agreed to share in the expenses of
developing a new academy, the cost of which has yet to be determined.
The City Manager recommended that Council adopt an ordinance amending
The Code of the City of Roanoke, 1979, as amended, to reflect amendments to
Section 9.1-106 ofthe Code of Virginia, 1950, as amended, thereby providing for a
$3.00 assessment fee to be imposed in every court case in which costs are
assessable, with funds collected to be used solely for relocation of the Roanoke
Training Academy, effective November 1, 2003.
Mr. Harris offered the following ordinance:
(#36522-102303) AN ORDINANCE amending Chapter 1, General Administration,
of the Code of the City of Roanoke (1979), as amended, by the addition of a new
~123, Assessment of court costs to SUDDort local criminal iustice academy,
providing for assessment by the City of a fee to provide funding to support the City's
criminal justice academy, pursuant to ~9.1-1 06, Code of Virginia (1950), as amended;
dispensing with the second reading of this ordinance and providing for an effective
date.
(For full Ordinance, see Ordinance Book No. 68.)
Mr. Harris moved the adoption of Ordinance No. 36522-102303. The motion
was seconded by Mr. Fitzpatrick.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., expressed concern that
citizens were not advised of the proposed fee increase prior to the matter appearing
on the City Council agenda. He advised that the proposed fee will represent another
tax that the City administration is recommending to be placed on the citizens of
Roanoke, and requested that Council delay action on the proposed fee to allow time
for the matter to be presented to the citizens of Roanoke.
Ordinance No. 36522-102303 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Smith ...--.....-.............-----..---...-........--........--..---..-..--.........-..------.. 7.
NAYS: None.-------.....-.---..-..-..-......-......-..-..---..--..--..-..--.-...-...---...-0.
9
DIRECTOR OF FINANCE:
HOUSING/AUTHORITY-CENTURY STATION PARKING GARAGE: The Director
of Finance submitted a written report advising that in 1992, the City of Roanoke
entered into a capital lease with the Roanoke Redevelopment and Housing Authority
(Housing Authority) for the lease of Century Station Parking Garage; the Housing
Authority, in turn, issued taxable revenue bonds to finance construction of the
facility; bonds were due to mature in 2022, bearing interest of 9.15 per cent; the
lease exercised between the City and the Housing Authority established monthly
lease payments from the City which would cover required payments to bondholders;
and the agreement provided the City with the opportunity to exercise a bargain
purchase option at the end of the lease term to acquire title to the garage.
It was further advised that in July, the City fully paid the outstanding lease
amount to the Housing Authority; the Authority, in turn, used the funding to redeem
outstanding bonds, which was made to eliminate future interest cost on the bonds;
a significant savings was created in light of the relatively high interest rate on the
taxable revenue bonds, redemption ofthe bonds was funded by debt service funding
which has been accumulated in the City's General Fund in anticipation of future
bond issuance; interest cost avoidance of $1.9 million is estimated as a result ofthe
redemption of the indebtedness; and as a result of redemption of the capital lease
and associated bonds, the lease agreement may now be terminated, and the City
may take title to the property in accordance with stipulations as set forth in the lease
agreement.
The Director of Finance recommended termination of the lease agreement
dated March 23, 1992, between the City of Roanoke and the Housing Authority for
lease of the Century Station Parking Garage; that the City Manager be authorized to
accept conveyance of the garage to the City with general warranty to title, subject
to all easements and encumbrances of record, after an acceptable environmental
audit is completed, and to execute any necessary documents to terminate the
existing lease of the property from the Roanoke Redevelopment and Housing
Authority.
Mr. Harris offered the following ordinance:
(#36523-102303) AN ORDINANCE authorizing the termination of the Lease
Agreement dated March 23, 1992, between the City of Roanoke Redevelopment and
Housing Authority and the City of Roanoke, and any subsequent amendments
thereto, for the Century Station Parking Garage; authorizing acceptance of the
conveyance by the City of Roanoke Redevelopment and Housing Authority of such
garage located at 25 Church Avenue, S. E., bearing Official Tax No. 4015004 to the
City; and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68.)
10
Mr. Harris moved the adoption of Ordinance No. 36523.102303. The motion
was seconded by Mr. Fitzpatrick.
Mr. Bestpitch inquired as to the net effect on the City's fiscal year budget;
whereupon, the Director of Finance advised that approximately $1.9 million will be
saved in future debt interest payments, or approximately $360,000.00 per year.
Ordinance No. 36523.102303 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
an d Mayor S m ith-.........--..........--..-...-..--..-.....-.....-.-..-..---...-...-.....-...-.---.......-. 7.
NAYS: N one...-..---....-...-.......--..-..-..---...-.......-........-...-..--..----.----....---.-0.
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve a State Literary Fund loan application, in the
amount of $7.5 million, for improvements to Patrick Henry High School, which will
increase the School Board's debt service expenditure by $600,000.00, commencing
in fiscal year 2005-06, but no debt service liability will be incurred until funds are
drawn against the loan account, was before the body.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before Council.
Mr. Dowe offered the following resolution:
(#36524-102303) A RESOLUTION authorizing the School Board for the City of
Roanoke to make application for a loan from the State Literary Fund making
permanent improvements to Patrick Henry High School.
(For full text of resolution, see Resolution Book No. 68.)
Mr. Dowe moved the adoption of Resolution No. 36524.102303. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
and Mayor Sm ith .-..-..-.....-......-.-..--..-......-..-..-..--.--...-.....-..--............................--7.
NAYS: N one..-..--...---.-.-....-----.-.----.--.-..-..---..-...-....--.--..--.-.......-0.
BUDGET .SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve the following appropriations and transfers, was
before the body.
11
. $669,581.00 from the 2003-2004 Capital Maintenance and Equipment
Replacement Fund to provide monies for instructional technology
equipment.
. $499,526.00 to provide funds for the Smaller Learning Community
program at William Fleming High School; the program will provide for
training of staff and establishment of smaller student learning
communities within the high school, to be reimbursed by Federal
funds.
. $53,644.00 to provide funds for the Blue Ridge Technical Academy; the
program will provide a business and technical education training
program for a diverse population of students through a rigorous and
challenging academic curriculum; and additional Federal charter
school funds have been received for this continuing program.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Mr. Harris offered the following ordinance:
(#36525.102303) AN ORDINANCE appropriating funding from the Capital
Maintenance and Equipment Replacement Program (CMERP) and from two Federal
grants, amending and reordaining certain sections of the 2003-2004 School Fund
Appropriations and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68.)
Mr. Harris moved the adoption of Ordinance No. 36525-102303. The motion
was seconded by Mr. Dowe.
Council Member Cutler inquired about the Smaller Learning Community
Program at William Fleming High School; whereupon, Crystal Cregger, Manager of
Purchasing of Contract Services, Roanoke City Public Schools, advised that more
information will be forwarded.
Ordinance No. 36525-102303 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler Dowe, Fitzpatrick, Harris,
and Mayor Sm ith ---------------..--..---..-----------------..----------.----------------...------------.. 7.
NAYS: None-----.------------------.---------......------------.--.---------.....-----0.
UNFINISHED BUSINESS: NONE.
12
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
COMMITTEES-INDUSTRIES: Mr. Dowe offered the following resolution
appointing F. Gordon Hancock as a Director on the Board of Directors of the
Industrial Development Authority of the City of Roanoke:
(#36526-102303) A RESOLUTION appointing a new Director of the Industrial
Development Authority of the City of Roanoke, to fill a four (4) year term on the
Board of Directors.
Mr. Dowe moved the adoption of Resolution No. 36526-102303. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
a nd Mayor Sm ith----------------------------------------------------------------------.--------------------7.
NAYS: N one-------------------------------------------------------------------------------0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND
MEMBERS OF CITY COUNCIL:
ACTS OF ACKNOWLEDGMENT -CITY COUNCIL-ECONOMIC DEVELOPMENT:
Council Member Wyatt advised that she participated in a recent tour of the City of
Roanoke with the Assistant City Manager for Community Development, along with
an individual who is interested in constructing a head trauma facility in the City. She
stated that the individual was impressed with the City of Roanoke and referred to
Roanoke as the "best kept secret on the East Coast." She advised that it is gratifying
to hear positive remarks by out of state visitors on the beauty of the City of Roanoke
and what the locality has to offer.
BUDGET-CITY COUNCIL: Vice-Mayor Harris referred to a letter setting forth
proposed budget study dates for fiscal year 2004, and asked that Council Members
advise the City Clerk of any conflicts by October 29, 2003.
POLICE DEPARTMENT-SCHOOLS: Vice-Mayor Harris, Chair, Organizing
Committee, School Safety Task Force, presented a progress report on the work of
the committee to date.
. The Organizing Committee consists of eight
persons: Vice-Mayor C. Nelson Harris, Chair,
Council Member Linda F. Wyatt, City Manger
Darlene Burcham, Police Chief Joe Gaskins,
Roanoke City School Board Chair Gloria Manns,
13
Roanoke City School Board Trustee Kathy
Stockburger, Superintendent of Schools E. Wayne
Harris, and Executive for Student Services Ann F.
Harman
. The Organizing Committee was charged with the
responsibility of formulating a task force and
developing a process by which the task force would
begin its work.
. The Organizing Committee believes that it is
important that it not be the group to select members
of the task force; therefore, various organizations,
faculty, Parent-Teacher Associations, students and
other constituency groups were invited to select
their representative(s). (A number of teachers at all
levels, students, parents, and a person
recommended by the Immigration Office will be
represented. Membership will consist of a diverse
group of individuals, all whom have a vested
interest, either personally or professionally, in the
operation of the school system.)
. Membership of the task force will be finalized within
one week.
. The Organizing Committee agreed to engage the
services of a facilitator to keep the task force on
track.
. The Organizing Committee will be present at the
initial meeting of the task force as an indication of
support and to set the tone for the work that is to be
done; and the Organizing Committee will then leave
the task force to complete its assignment.
. The Organizing Committee will receive the final
report of the task force and forward
recommendations to the Council and to the School
Board.
14
. The task force will be involved in a number of
activities in addition to regular meetings; and the
public will be afforded the opportunity to share
ideas and to provide input.
. The first meeting of the task force will be held on
November 11,2003, at 7:00 p.m., in the Community
Room at the Higher Education Center.
. At the time of formation of the task force, it was
indicated that the task force would complete its
assignment by December 31, 2003; however, given
the time that was taken by the Organizing
Committee to address various issues and to solicit
representatives from the various organizations, the
task force will complete its assignment in
approximately a 15 week period, with a final report
to be submitted in February 2004.
. Composition of the task force will be provided to
the Council within one week.
VIRGINIA MUNICIPAL LEAGUE-CITY MARKET-ACTS OF ACKNOWLEDGMENT:
Council Member Bestpitch commended and expressed appreciation to City staff who
volunteered their time for the Virginia Municipal League Host City Night which was
held on Monday, October 20, 2003, on the City Market.
PARKS AND RECREATION-ACTS OF ACKNOWLEDGMENT-TREES: Council
Member Bestpitch advised that as a part of the City's Urban Forestry Program, he
was pleased to plant the inaugural tree earlier in the day in Highland Park in memory
of his two grandfathers. He encouraged citizens of Roanoke to plant a tree on public
property in the City of Roanoke to commemorate a special event, or in memory of a
loved one.
VIRGINIA MUNICIPAL LEAGUE-ACTS OF ACKNOWLEDGMENT: Council
Member Cutler recognized the work of City employees in connection with the
Virginia Municipal League Annual Conference, and as authors of well written articles
that were published in the VML Magazine, Virginia Town and City, which highlighted
the City of Roanoke.
15
ACTS OF ACKNOWLEDGMENT-NEWSPAPERS: Council Member Dowe
congratulated The Roanoke Times upon the grand opening of its new print facility
last week.
(Council Member Wyatt left the meeting.)
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.
COMPLAINANTS.ARMORY/ST ADIUM.ENVIRONMENT AL POLICY: Ms.
Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke with regard to leadership and
character. She advised that citizens have been told that hazardous waste material
is buried on the proposed site of the new stadium/amphitheater on Orange Avenue
and Williamson Road; whenever citizens believe that their lives and the lives of
future generations may be endangered by hazardous waste materials, it is their
responsibility to bring the matter to the Council's attention, and it is the
responsibility of Council to resolve the issue; therefore, the citizens of Roanoke ask
that the site be tested to ensure that it is environmentally safe.
COMPLAINTS-ARMORY/ST ADIUM-HOUSING AUTHORITY .ENVIRONMENT AL
POLICY: Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke with regard to the
disappointment of many citizens concerning the individual votes of Council
Members on the proposed new stadium/amphitheater on Orange Avenue and
Williamson Road, and asked that the City ensure that the site is safe through
performance of an environmental impact assessment. She advised that residents of
Lincoln Village/Lincoln Terrace are experiencing serious maintenance problems and
are concerned that storm/screen doors have not been installed on housing units.
She stated that as representatives of the Lincoln Congress work with Congressman
John Warner's Office, it is believed that the issue will be addressed.
CITY MANAGER COMMENTS:
VIRGINIA MUNICIPAL LEAGUE-ACTS OF ACKNOWLEDGMENT-WATER
RESOURCES: The City Manager expressed appreciation to those City employees
who volunteered their time for a successful Virginia Municipal League Host City
Night on Monday, October 20, 2003, on the City Market. She advised that as a part
of the Annual Conference, a tour was conducted of the City's new water filtration
system and plant at Crystal Spring and the restored pumping station.
At 3:20 p.m., the Mayor declared the meeting in recess for one City Manager
briefing and one Closed Session.
16
At 3:25 p.m., the Council meeting reconvened in the Council's Conference
Room for one briefing.
ZONING: The City Manager introduced a briefing on the Zoning Ordinance
update as some relates to supplemental regulations.
Nancy Snodgrass, City Planner II, advised that supplemental regulations are
regulations that apply to specific uses, structures or facilities that are applied in
addition to applicable district regulations and general development standards.
. The following uses constitute a need for Supplemental Regulations:
traffic, circulation on site, setbacks, screening, proximity to similar
facilities, density, and impacts on adjacent properties.
. Examples of uses subject to supplemental regulations are adult
uses, bed and breakfast, day care facilities, junk yards, mini-
warehouses, towing service, townhouses, wrecker service, drive-
through facilities, telecommunications, home occupations, and
group care facilities.
. Drive-through facilities:
Current Code: No supplemental regulations
Draft:
Supplemental regulations applicable to any drive- through facility (fast
food, pharmacy, bank, dry cleaners)
Permit by right rather than by special exception subject to supplemental
standards
Purpose of supplemental regulations:
Minimize impact of vehicular traffic
Promote safe, on-site vehicular and pedestrian circulation
Minimize negative impacts on abutting residential properties
Proposed regulations:
Minimum number of stacking spaces (five per window)
Stacking lane design and articulation
17
Access to parking spaces
Circulation aisles or pedestrian movement
Separation of vehicles
Location of menu boards and speakers relative to residential zoned
properties
Size and screening of menu boards:
Maximum 30 square feet
Maximum six feet in height
Screened from public street and residential zoned properties
. Telecommunications Facilities/Broadcasting Towers:
Current Code: No supplemental regulations; permitted by special
exception
Draft: Supplemental regulations to promote collocation and minimize
impacts; permitted by special exception
Includes telecommunications towers and radio/television broadcasting
towers
Purpose:
Encourage collocation of equipment
Establish buffering and compatibility standards
Protect character of residential districts
Provide for removal of discontinued towers
Proposed regulations:
Towers to accommodate at least three other providers
Maximum height of tower and associated antenna a condition of special
exception, but in no case to exceed 199 feet
18
Setbacks to conform to underlying zoning district regulations, but no
facility or tower abutting a residential district to be set back less than 50
feet or 40 per cent of height of tower, whichever is less
Dismantling/removal of towers:
Within 90 days of not being used
Bond or performance guarantee may be required
Fee for independent analysis
Applicant to provide:
Computerized terrain analysis
Accurate to scale, photographic simulations
Balloon test or other visibility-related test
. Home Occupations:
Current Code: Includes supplemental regulations
Only family residents, except personal service
25 per cent of gross floor area
No change in outside appearance
No visible display of goods
Within principal dwelling
No outdoor storage
Draft:
Maintain integrity of surrounding residential uses
Ensure sufficient flexibility for residents with home occupation permits
Clarify issues existing in current code
Existing Issues:
Employee from outside home
19
Amount of gross floor area
Principal vs. accessory structure
More definitive standards
Trips to the home
Proposed regulations:
Home occupations by right
Personal service home occupations by special exception
Personal Service home occupation (by special exception)
25 per cent, or 250 square feet, of finished floor area
one entrance
one client at a time
one outside employee
Home occupation (by right)
No more than 20 per cent of finished floor area
No employee from outside
Conducted entirely within principal structure
No signs or change in outside appearance
. Group Care Facilities:
Current Code:
Supplemental regulations to ensure compatibility with neighborhood and
to establish quality of service to users of facilities. Delineates
requirements between lower density residential districts and higher density
residential or commercial districts
Draft: Clarify definitions
Protected class
20
Group care facilities subject to regulations
Groupcare home
Halfway house
Congregate home
Nursing home
Transitional living facility
Proposed regulations:
Maintain 1,500 feet spacing requirement
Maximum occupant ratio by district
Open space per occupant
Buffering of on-site parking and exterior activity areas from adjoining
properties
At 4:20 p.m., the Council convened in Closed Session in the Council's
Conference Room.
At 5:20 p.m., the meeting reconvened in the Council Chamber, with all
Members of the Council in attendance, except Council Member Wyatt, Mayor
Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
moved that each Member of Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from open meeting requirements
under the Virginia Freedom of Information Act; and (2) only such public business
matters as were identified in any motion by which an Closed Meeting was convened
were heard, discussed or considered by the City Council. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, and
Mayo r S m ith--------------------------------------..-........--------------------------.--.------------------6.
NAYS: None----------------------------------------------------------------------------------------0.
(Council Member Wyatt was absent.)
21
COMMITTEES.ARCHITECTURAL REVIEW BOARD: The Mayor advised that
there is a vacancy on the Architectural Review Board; whereupon, he opened the
floor for nominations.
Mr. Harris placed in nomination the name of Jon Stephenson.
There being no further nomination, Mr. Stephenson was appointed as a
member ofthe Architectural Review Board, for a term ending October 1,2007, by the
following vote:
FOR MR. STEPHENSON: Council Members Bestpitch, Cutler, Dowe,
Fitzpatrick, Harris, and Mayor Smith...............................................................6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE.YOUTH.COMMITTEES: The Mayor advised that the three
year term of office of Krista Blakeney as a member of the Youth Services Citizen
Board expired on May 31,2003; whereupon, he opened the floor for nominations to
fill the vacancy.
Mr. Harris placed in nomination the name of Krista Blakeney.
There being no further nominations, Ms. Blakeney was reappointed as a
member of the Youth Services Citizen Board, for a term ending May 31,2006, by the
following vote:
FOR MS. BLAKENEY: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith ..................................................................................6.
(Council Member Wyatt was absent.)
COMMITTEES.CABLE TELEVISION: Mr. Harris moved that Council concur in
the appointment of Laurie Wood, Public Information Specialist, as the City Manager's
designee to the Roanoke Regional Cable Television Committee.
COMMITTEES.ROANOKE CIVIC CENTER-OATHS OF OFFICE: The Mayor
advised that there is a vacancy on the Roanoke Civic Center Commission for a term
ending September 30, 2006; whereupon, he opened the floor for nominations.
Mr. Harris placed in nomination the name of Debbie Conner.
There being no further nominations, Ms. Conner was appointed as a member
of the Roanoke Civic Center Commission for a term ending September 30,2006, by
the following vote:
22
FOR MS. CONNER: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, and Mayor Smith -------------------...........----------------------.......------------------..-6.
(Council Member Wyatt was absent.)
Inasmuch as Ms. Conner is not a resident of the City of Roanoke, Mr. Harris
moved that the City residency requirement be waived. The motion was seconded by
Mr. Dowe and adopted.
COMMITTEES.ROANOKE VALLEY RESOURCE AUTHORITY.OATHS OF
OFFICE: The Mayor advised that the four year term of office of Bittle W. Porterfield,
III, as a member of the Roanoke Valley Resource Authority will expire on
December 31, 2003; whereupon, he opened the floor for nominations to fill the
vacancy.
Mr. Harris placed in nomination the name of Bittle W. Porterfield, III.
There being no further nominations, Mr. Porterfield was reappointed as a
member of the Roanoke Valley Resource Authority for a term ending December 31,
2007, by the following vote:
FOR MR. PORTERFIELD: Council Members Bestpitch, Cutler, Dowe,
Fitzpatrick, Harris, and Mayor Smith----------------.-.-....-.....--------------------.......--------6.
(Council Member Wyatt was absent.)
At 5:25 p.m., the Mayor declared the meeting in recess until 7:00 p.m., in the
City Council Chamber.
At 7:00 p.m., on Thursday, October 23,2003, 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 Ralph K. Smith
presiding.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Beverly
T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith------6.
ABSENT: Council Member Alfred T. Dowe, Jr.----------------------------------------.1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with prayer by Mayor Smith.
23
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PUBLIC HEARINGS:
ZONING: Pursuant to Ordinance No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Thursday, October 23,2003, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on a request of Murray E. and Patricia B. Joiner to amend proffered
conditions presently binding upon a tract of land located at 3034 Brambleton
Avenue, S. W., Official Tax No. 1650903, as set forth in Ordinance No. 35218.030501,
adopted by Council on March 5, 2001, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, October 3, and Friday, October 10, 2003.
The City Planning Commission submitted a written report advising that the
subject property, which consists of1.103 acre, is located near the City limits and has
159 feet offrontage on Brambleton Avenue; a 1,311-square foot, one story single-
family residential structure is located on the site; the wood frame, vinyl-sided house
was constructed in 1943; as a part of the conditional C-2 rezoning approved in 2001,
the petitioner proposed to permit the operation of a C-2 commercial use, limited by
proffer, in the existing house on the site; and with the current petition to amend
proffers, the petitioner plans to demolish the residential structure for the purpose
of constructing of an office building as conditioned by the new proffers.
It was further advised that the request to amend proffered conditions is
consistent with Vision 2001.2020's policies of encouraging commercial development
in appropriate areas and utilizing more fully the City's commercial sites, while
protecting the integrity of existing residential neighborhoods; and the subject
property is appropriate for office use as limited by the proffered conditions, which
address development and use of the property in relation to the adjacent residential
neighborhood.
. The proffered conditions related to square footage and height of the
proposed building are appropriate and comparable in terms of intensity
(size, scale, and floor area ratio) of development that currently exists
along this section of Brambleton Avenue.
. Establishment of a vegetative landscape buffer, including the retention
of existing trees within 25-feet deep buffer yards along the eastern
boundary and the rear of the property, minimize any conflict between
the residential neighborhood and proposed office development.
. The proffered office uses are consistent with the commercial node and
are compatible with the adjacent residential neighborhoods.
24
Given the proffered uses, the City Planning Commission recommended that
Council approve the requested amendment of proffers.
Mr. Harris offered the following ordinance:
(#36527 -102303) AN ORDINANCE to amend ~~36.1.3 and 36.1-4, Code of the
City of Roanoke, (1979), as amended, and Sheet No. 165, Sectional 1976 Zone Map,
City of Roanoke, in orderto amend certain conditions presently binding upon certain
property previously conditionally zoned from RS-3, Single-Family Residential
District, to C-2, General Commercial District; and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Harris moved the adoption of Ordinance No. 36257-102303. The motion
was seconded by Mr. Cutler.
Sean Horn, representing Balzar and Associates, and the petitioner, appeared
before Council in support of the request.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion or comments by Council Members, Ordinance No.
36527-102303 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Fitzpatrick, Harris, and
Mayor Sm ith ...-----..-----------.--------------.-----.----------.............--.---..------------------6.
NAYS: N one ----------------------------------------------------------------..............-------0.
(Council Member Dowe was absent.)
STREETS AND ALLEYS: Pursuant to Ordinance No. 35523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Thursday, October 23,2003, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on a request of Member One Federal Credit Union to permanently vacate,
discontinue and close a portion of Gilmer Avenue, N. E., running in a westerly
direction from 4th Street to an existing cul-de-sac, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, October 3, 2003, and Friday, October 10, 2003.
The City Planning Commission submitted a written report advising that the
petitioner requests closure of a portion of Gilmer Avenue, N. E., lying between two
of its parcels of land; the petitioner has operated a branch credit union on Official
25
Tax No. 3015008 since 1987; the petitioner purchased the adjoining property, Official
Tax No. 3014017 on July 15, 2003; asbestos removal from the hotel building on
Official Tax No. 3014017 has been completed, and demolition of the structure is
currently underway.
It was further advised that vacation of the portion of Gilmer Avenue would
allow the petitioner to combine the adjoining parcels into one contiguous site for
further development; the petitioner plans to build an addition to the existing
building which will span part of what is now Gilmer Avenue; and the concept plan
illustrates the following:
. Phase 1 (March 2004 - September 2004) . Construction of a four story
parking deck that will provide 200 spaces.
. Phase 2 (July 2004 - November 2004) . Construction of a two.story
branch building with a drive through.
. Phase 3 (November 2004 - May 2005) . Construction of a four-story
"connector" building with an atrium onto its existing building.
. Phase 4 (March 2005 - October 2005) - Construction of a two or three-
story addition onto structures built in Phases 1 and 3.
It was explained that the subject portion of Gilmer Avenue was part of the
early street grid of the City, yet is no longer connected to the Gainsboro
neighborhood due to development of Interstate 581 and the Roanoke Civic Center;
thus, it is not fully interconnected in the street system; closure ofthe subject portion
of Gilmer Avenue and the proposed development will not result in any inconvenience
or disruption to vehicular circulation; and the cul-de-sac of Gilmer Avenue does not
further the urban street design standards promoted by the City in Vision 2001 -2020.
It was noted that while the petitioner's proposal will eliminate several on.
street parking spaces, the addition of a parking garage will minimize the amount of
surface parking on the site; at present, the entire surface area of Official Tax No.
3014017 is paved; the petitioner's existing building on Official Tax No. 3015008 has
close to a zero lot line on the western and southern sides, with parking to the rear,
and building an addition onto the existing building will require most of the surface
parking to remain at the rear of the site; the proposal will further the economic
development goals of Vision 2001.2020; and prior to Council's consideration of the
petition, an agreement will be developed between the City of Roanoke and the
petitioner to ensure performance of the proposed development activities within
specified time frames.
The City Planning Commission recommended that the portion of Gilmer
Avenue, N. E., requested for closure, be sold for $2.50 per square foot (or $66,300.00)
if no performance agreement is proposed when the matter is heard by Council.
26
Mr. Harris offered the following ordinance:
(#36528-102303) AN ORDINANCE permanently vacating, discontinuing and
closing 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 by title.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Harris moved the adoption of Ordinance No. 36528-102303. The motion
was seconded by Mr. Fitzpatrick.
Mr. C. John Renick, Attorney, representing the petitioner, advised that since
the City Planning Commission's hearing, the hotel that was located contiguous to
Gilmer Avenue has been demolished and his client wishes to proceed as soon as
possible with the total project; and a performance agreement was drafted by the City
Attorney's Office and the letter of credit will be delivered to the City at the time of
execution of the performance agreement. He further advised that conditions as set
forth by the City Planning Commission have been fulfilled with regard to a
conceptual plan and are agreeable to the City and to Member One; therefore, he
requested that Council approve the request for closure.
The Mayor inquired if there were persons present who would like to speak in
connection with the public hearing; whereupon, Ms. Evelyn D. Bethel, 35 Patton
Avenue, N. E., inquired as to the precise location of the property.
No other persons wishing to be heard, the Mayor declared the public hearing
closed.
The City Manager submitted a communication advising that Member One
Federal Credit Union located at 202 4th Street and 320 Kimball Avenue, N. E., is
currently planning to expand its corporate operations; as such, Member One has
sought to have a portion of Gilmer Avenue vacated (area of Gilmer Avenue, N. E.,
that intersects with 4th Street, situated between Official Tax Nos. 3015008 and
3014017), inasmuch as vacation of such portion of Gilmer Avenue will allow Member
One to combine adjoining parcels into one contiguous site and permit development
and expansion of Member One's downtown facilities; and if Council approves the
street vacation, Member One plans to build additional structures on the site,
including an addition to its existing building, which will provide for a span across
part of the street vacation area.
It was further advised that the street vacation will allow Member One to make
a significant investment in the downtown area and provide for the retention of job
positions at its current location and approximately 75 new job positions are
anticipated to be added; in anticipation of business expansion, Member One has
requested that the City of Roanoke provide for the street vacation at no charge to
Member One, provided that Member One will make an investment in the project; City
27
staff has negotiated a performance agreement with Member One which provides that
Member One will make a minimum investment in the actual construction of the
project, not including the cost of real property, of at least $6 million on or before
December 1, 2007; Member One will provide the City with a letter of credit in the
amount of $66,300.00, the value of the proposed vacation portion of Gilmer Avenue,
to guarantee Member One's performance; if such investment is made, the City will
return the letter of credit to Member One; and if the vacation of Gilmer Avenue does
not take place, the performance agreement will be terminated.
The City Manager recommended that she be authorized to execute the
performance agreement between the City of Roanoke and Member One Federal
Credit Union, to be approved as to form by the City Attorney; and that she be further
authorized to take such additional actions and to execute such documents as may
be necessary to implement and to administer the performance agreement.
There being no questions or comments by Council Members, Ordinance
No. 36528-102303 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Fitzpatrick, Harris, and
Mayor Sm ith---------------..-....-..------------------------.--....----------------..-..---------6.
NAYS: NO N E -----......--.-.....---------------...---.....------------------.....-------------..-0.
(Council Member Dowe was absent.)
Mr. Harris offered the following ordinance:
(#36529-102303) AN ORDINANCE authorizing the proper City officials to
execute a Performance Agreement between the City of Roanoke (City) and Member
One Federal Credit Union (Member One) that will provide for Member One to make
a certain investment in the development of certain property in the 4th Street, Kimball
Avenue, and Gilmer Avenue area; and dispensing with the second reading by title
of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68.)
Mr. Harris moved the adoption of Ordinance No. 36529-102303. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Fitzpatrick, Harris, and
Mayor Sm ith ...----....-.------------------.-...-------------------.-.....------------...-----...------6.
NA)':): NClI1El--.............----------............---------------.....-..--------.....-------___.___-0.
(Council Member Dowe was absent.)
28
ZONING: Pursuant to Ordinance No. 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Thursday, October
23, 2003, at 7:00 p.m., or soon thereafter as the matter may be heard, on a request
of Malcolm M. Rosenberg to rezone property located at2719 Colonial Avenue, S. W.,
Official Tax No. 1260808, and 2735 Colonial Avenue, S. W., Official Tax No. 1260804,
from RS-3, Residential Single-Family District, to C-1, Office District, subject to
certain conditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, October 3,2003, and Friday, October 10, 2003.
The City Planning Commission submitted a written report advising that the
rezoning request is for two non.contiguous parcels located in the 2700 block of
Colonial Avenue, S. W.; the first subject parcel is an 8,159 square-foot lot situated
at 2719 Colonial Avenue, Official Tax No. 1260808; a 1,334 square.foot, one-story
structure currently exists on the parcel; the wood-framed structure, with brick
veneer siding, was built in 1962 and has been used by a fraternal organization; the
second parcel is an approximately 10,568 square.foot lot located at 2735 Colonial
Avenue, Official Tax No. 120804; a 924 square.foot structure currently exists on the
parcel, and the vacant wood-frame structure was built in 1956 and is currently listed
as a single-family use.
It was further advised that the application of C-1, Office District, to the subject
properties would provide a greater consistency in zoning patterns along Colonial
Avenue; the two parcels, together with three C-1, Office District, properties
sandwiched between the two properties, would solidify the potential for a viable
commercial/office/mixed use center and would allow for more effective utilization of
the five parcels of land for development; in addition, the permitted uses of the C.1,
Office District, which could include residential uses, would be compatible with
existing land uses directly adjacent to, and across Colonial Avenue, which include
small commercial establishments as well as office uses; and by solidifying the
boundary line for commercial, office and mixed use development in this location, the
C-1, Office District, would provide a transition zone buffer between the C.2, General
Commercial District, to the northeast and the RS-3, Residential Single Family
District, to the southwest.
The City Planning Commission recommended approval of the request to
rezone 2719 Colonial Avenue, S. W., Official Tax No. 1260808; however, a motion to
rezone 2735 Colonial Avenue, Official Tax No. 1260804, failed.
Mr. Harris offered the following ordinance rezoning 2719 Colonial Avenue, S.
W., Official Tax No. 1260808:
(#36530-102303) AN ORDINANCE to amend ~36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 126, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City; and dispensing with the second
reading by title of this ordinance.
29
(For full text of ordinance, see Ordinance Book No. 68.)
Mr. Harris moved the adoption of Ordinance No. 36530-102303. The motion
was seconded by Mr. Fitzpatrick.
Edward A. Natt, Attorney, representing the petitioner, advised that his client
does not request the rezoning of 2735 Colonial Avenue, S. W., and seeks only to
rezone 2719 Colonial Avenue, which request is supported by the City Planning
Commission.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter; whereupon, Mr. Willie A. Carr, 2739 Colonial Avenue,
S. W., advised that he resides next door to 2735 Colonial Avenue and expressed
concern with regard to the bank that was constructed in 1978 which blocks the rear
view at 2735 Colonial Avenue.
It was clarified that the rezoning of 2735 Colonial Avenue is not before the
Council for consideration.
There being no other persons wishing to be heard, the Mayor declared the
public hearing closed.
Mr. Bestpitch advised that the City Planning Commission recommended
approval of the rezoning on a 4-3 vote, which is an indication that there were serious
concerns by at least three of the seven members of the City Planning Commission.
He called attention to the lack of a proposed site plan for development of the four
lots, and suggested that the matter be referred back to the City Planning
Commission and to City staff to work with the petitioner on development of a
proposed site plan. Without proffered conditions, he stated that he could not
support the request for rezoning.
Mr. Townsend deferred to Mr. Natt inasmuch as the City Planning Commission
cannot impose conditions on rezonings and proffers must be offered voluntarily by
the petitioner. He explained that at the time of the City Planning Commission
hearing it was indicated that the petitioner did not have a specific use or plan for the
combination of the properties; therefore, the proposal went forward. He stated that
City Planning staff supported the rezoning at 2719 Colonial Avenue, given the limited
frontage along Colonial Avenue, the fact that C-2 zoning extends across the street,
and property immediately to the north of the property in question is also zoned C.2.
Mr. Natt acknowledged that it is unusual to apply for a rezoning without
submitting a site plan; however, in this particular case, his client owns three lots and
was presented with the opportunity to acquire a fourth lot in order to provide for a
better site than currently exists; and a user for the site has not been identified to
date. He stated that C.2 use is directly across the street with no proffers, C-2 uses
exist farther down the street with no proffers, his client can develop his three lots
as C-1 which would result in a situation where there would be one small lot that
30
could potentially contain proffers, although using today's standards, it would be
difficult to construct anything on such a small lot. He advised that the situation is
one of those rare circumstances where one small parcel of land is requested to be
combined with three other parcels to make a larger and better parcel of land, and the
petitioner can develop his currently owned three parcels of land, while the fourth
parcel could remain unused. He added that it is also important to remember that the
request is not for C-2 zoning, which is a more open classification, but for C.1 zoning
which provides for office and institutional uses, and the difference between C.1 and
C-2 zoning offers certain safeguards as to the type of development that will go on
the site.
Ordinance No. 36530-102303 was adopted by the following vote:
AYES: Council Members Wyatt, Cutler, Fitzpatrick, Harris, and Mayor
l)rnitl1----------.......------------.--...---------------..-..-..----------------....----------.------------.....-!S.
NAYS: Cou ncil Mem ber Bestpitch---------...........--------.....----....----------......1.
(Council Member Dowe was absent.)
STREETS AND ALLEYS: Pursuant to Ordinance No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Thursday, October 23,2003, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on a request of 22 Luck Avenue, Inc., to permanently vacate, discontinue
and close a certain portion of an alley lying between 16 and 22 Luck Avenue, S. W.,
and parcels identified as Official Tax Nos. 1012707 and 1012706, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, October 3,2003, and Friday, October 10, 2003.
The City Planning Commission submitted a written report advising that the
petitioner requests closure of a portion of the alley which is the remnant of a ten-foot
wide north-to-south alley that originally extended to Luck Avenue; in 1994, the
petitioner obtained, through vacation, all but this remaining portion of the alley;
Council required the remaining portion of the alley to be left open for use as a
turnaround for solid waste management vehicles serving the block; and the
petitioner owns both adjoining parcels of land.
It was further advised that the adjoining properties are both zoned C-3, Central
Business District, as are all properties in the immediate vicinity; the petitioner's law
offices are located on Official Tax No. 1012706; Official Tax No. 1012707 is the site
of the petitioner's parking lot; and several offices, parking lots and various other
commercial establishments lie in the block of the subject alley.
31
It was explained that vacation of the subject alley would allow the petitioner
to align the fencing that currently borders the subject alley with the alley that it
adjoins, which would result in the petitioner gaining one parking spot within the
fenced parking lot; and at present, the alley is used as a parking space, while not
obstructing the east.to-west alley to which it is perpendicular.
The City Planning Commission recommended that Council approve the
request, subject to certain conditions, and that the petitioner be charged $2,100.00
for the alley, to which the petitioner has agreed.
Mr. Harris offered the following ordinance:
(#36531-102303) AN ORDINANCE permanently vacating, discontinuing and
closing 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 by title.
(For full text of ordinance, see Ordinance Book No. 68.)
Mr. Harris moved the adoption of Ordinance No. 36531-102303. The motion
was seconded by Mr. Fitzpatrick.
Raphael L. Ferris, Attorney, appeared before Council in support ofthe request.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion or questions by Council Members, Ordinance No.
36531-102303 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Fitzpatrick, Harris, and
Mayor S m ith.-------.......---------------....------------------.--...---------------.....-........--...-6.
NAYS: None ---....-...--------------.-...-----.------------.....-------------------.-----..----------0
(Council Member Dowe was absent.)
EASEMENTS.PARKS AND RECREATION-ROANOKE GAS COMPANY:
Pursuant to instructions by the Council, the City Clerk having advertised a public
hearing for Thursday, October 23, 2003, at 7:00 p.m., or as soon thereafter as the
matter may be heard on the proposed conveyance of a ten-foot easement on
property known as Jackson Park, identified as Official Tax No. 4130501, to Roanoke
Gas Company, to relocate a high relief valve from the northern side of Morningside
Street, S. E., the matter was before the body.
32
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, October 13, 2003.
The City Manager submitted a communication advising that Roanoke Gas
Company has requested a ten.foot by ten-foot easement on City-owned property
located in Jackson Park, in order to relocate an eight-foot high relief valve from the
northern side of Morningside Street; the valve will be set on a concrete pad to
eliminate the need for mowing around the valve, which is acceptable to the
Department of Parks and Recreation; and easement area is approximately 100
square feet.
The City Manager recommended, following the public hearing, that she be
authorized to execute the appropriate documents granting the requested easement
to Roanoke Gas Company, said document to be approved as to form by the City
Attorney.
Mr. Harris offered the following ordinance:
(#36532-102303) AN ORDINANCE authorizing the donation and conveyance of
a ten-foot by ten.foot easement, on City-owned property known as Jackson Park,
identified by Official Tax No. 4130501, to Roanoke Gas Company, to relocate a five
foot high relief valve from the northern side of Morningside Street, upon certain
terms and conditions; and dispensing with the second reading by title of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 68.)
Mr. Harris moved the adoption of Ordinance No. 36532.102303. The motion
was seconded by Mr. Cutler.
The Mayor inquired ifthere were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion or questions by Council Members, Ordinance No.
36532-102303 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Fitzpatrick, Harris, and
Mayor Sm ith -......---------.......---------..----------........------------------------------.------------6.
NAYS: None- -------...-----------..-----------.........-----------..--------..--------------------.-0.
(Council Member Dowe was absent.)
LEASES.CITY PROPERTY: Pursuant to instructions by the Council, the City
33
Clerk having advertised a public hearing for Thursday, October 23, 2003, at 7:00
p.m., or as soon thereafter as the matter may be heard, on a proposed lease of 7.05
acres of City-owned property located along Back Creek in Roanoke County to a
County resident for agricultural purposes, for a period of one year, with a renewal
option for four additional one-year periods, and a 60-day mutual termination
provision, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, October 13, 2003.
The City Manager submitted a communication advising that several properties
along Back Creek in Roanoke County were acquired in the late 1970's to enable
future development of a reservoir; there are no longer plans to develop the reservoir
and the property is currently vacant; and an adjacent property owner to one of the
parcels containing 12.17 acres (identified as Roanoke County Tax No. 089.00-03.
36.00-0000) has requested an agricultural lease for a portion ofthe parcel containing
approximately 7.05 acres to provide pasture for horses.
It was further advised that a portion of the 12.17 acre parcel is being used by
the Department of Parks and Recreation as a tree farm; the 7.05 acres under
consideration is not suitable for future expansion of the tree farm; leasing this
portion of the parcel of land will eliminate the need for City staff to provide
maintenance; the Lessee has agreed to make improvements to an existing road that
is used to access the City's tree farm and will provide the necessary fencing to
secure the pasture land and the tree farm; proposed lease rate will be $100.00 per
year; and in addition to erecting the necessary fencing, the Lessee will be
responsible for maintaining the fencing and removing any fencing at the City's
request, upon termination of the lease, and assume all liability for damage to and by
the Lessee's actions or actions of the Lessee's livestock, machinery, equipment,
employees, and guests, with liability insurance to be provided by the Lessee.
The City Manager recommended, following the public hearing, that she be
authorized to execute the appropriate documents, to be approved as to form by the
City Attorney, to lease the above described City-owned property for a one-year term,
with four one.year renewal options and a 60-day mutual termination provision.
Mr. Fitzpatrick offered the following ordinance:
(#36533-102303) AN ORDINANCE authorizing the City Manager to enter into
a lease with Sandra Rouse Reedy, for the lease of 7.05 acres of City-owned property
located along Back Creek in Roanoke County, upon certain terms and conditions;
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 68.)
34
Mr. Fitzpatrick moved the adoption of Ordinance No. 36533-102303. The
motion was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion or questions by Council Members, Ordinance No.
36533-102303 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Fitzpatrick, Harris, and
Mayor Smith .--....------------.......-------------------------..............------------------.--.-.......-6.
NAYS: None .--..---------------------.-...-.......--...------------------------....-..---.-----------0.
(Council Member Dowe was absent.)
ZONING-SIGNS/BILLBOARDS/AWNINGS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Thursday, October 23,2003, at 7:00 p.m., or soon thereafter as
the matter may be heard, with regard to an amendment to Chapter 36.1, Zoning,
Section 36.1-445(c), Additional sign regulations, subsection (c), Code of the City of
Roanoke (1979), as amended, to address roof signs in the H.1, Historic District, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, October 3, 2003, and Friday, October 10, 2003.
The City Planning Commission submitted a written report advising that roof
signs are currently prohibited in all zoning districts in the City of Roanoke; the
proposed text amendment would remove the prohibition pertaining to existing roof
signs located in, or located and relocated within, the H-1, Historic District; and
parcels within the H.1, Historic District, are located within the core of downtown
Roanoke.
It was further advised that Downtown Roanoke, Inc., has initiated an effort to
relocate and to rehabilitate the H & C Coffee Sign located on the roof of a building
at 102 Market Street; the sign, which has been in place in downtown for many
decades, is of a unique neon design, material, and animation; its method of
construction is rare by today's modern sign standards; the sign is currently in a
state of disrepair and needs considerable rehabilitation; its relocation to another site
in the H-1, Historic District, is under consideration so as to ensure long-term
visibility and structural integrity and to return the sign to its original operational
status; and because ofthe current prohibition regarding roof signs, the H & C Coffee
Sign is a nonconforming sign and could not be rehabilitated and relocated as
proposed.
It was explained that staff review ofthe H-1, Historical District, identified two
35
other existing roof signs that would become conforming under the proposed
amendment; one is the Dr. Pepper sign at 115 Salem Avenue and the other is a roof
outdoor advertising sign located at the rear of 102 Market Street; if the proposed
amendment is approved, the subsequent relocation of any of these three existing
roof signs would be limited to the area within the H-1, Historic District, and would
require the granting of a Certificate of Appropriateness by the Architectural Review
Board.
The City Planning Commission recommended approval of the proposed
amendment, given the effort initiated by Downtown Roanoke, Inc., to rehabilitate
and to relocate a sign of unique design, material, and construction, and the limited
application of the amendment to the H.1, Historic District.
Mr. Bestpitch offered the following ordinance:
"AN ORDINANCE amending and reordaining ~36.1-445, Additional sign
regulations, Division 3, Sign Regulations, Article IV, Supplementary Regulations, of
Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by
amending subsection (c) to permit roof signs within the H-1 Historic District, under
certain conditions; and dispensing with the second reading by title of this
ordinance."
Mr. Bestpitch moved the adoption of the above referenced ordinance. The
motion was seconded by Mr. Cutler.
R. Townsend, Agent to the City Planning Commission, advised that the
amendment, initiated by the City Planning Commission, is a technical amendment
that would allow for the refurbishment of existing roof signs in the H-1, Downtown
Zoning District; and the matter was initiated at the request of Downtown Roanoke,
Inc., which is undertaking an effort to renovate the H & C Coffee Sign and wishes to
move the sign to another location. He further advised that prior to adoption of this
amendment, because roof signs were prohibited, all roof signs were non-conforming
and therefore could not be moved to another location. He stated that since the
proposed amendment applies only to the H-1 District in downtown Roanoke, the
H & C Coffee Sign and the Dr. Pepper Sign will both become conforming, and the
H & C Coffee Sign can be renovated and relocated within the H-1 District.
David Diaz, President, Downtown Roanoke, Inc., advised that Downtown
Roanoke has engaged Center in the Square, the Art Museum, the Historical
Preservation Foundation and the Roanoke Arts Commission in a project to restore
and relocate the H & C Coffee Sign, inasmuch as the proposed IMAX Theater and
Art Museum will block the sign from view. He stated that Downtown Roanoke would
like to relocate and retain the sign as a part of the downtown sky line; following
adoption of the proposed amendment by Council, Downtown Roanoke, Inc., will
meet with the owner of the sign to determine where the sign could potentially be
relocated; and a private/public funding raising campaign is proposed. He advised
that the goal of Downtown Roanoke, Inc., is to engage in a long term plan that would
allow the sign to be donated to a non-profit organization that would be responsible
36
for maintaining the sign over the long term.
Mr. Fitzpatrick inquired as to where the H & C Coffee Sign is proposed to be
relocated; whereupon, Mr. Diaz advised that he was not at liberty to comment on the
proposed location because to do so would be unfair to the potential non.profit entity
that would own the sign, and Downtown Roanoke, Inc., does not have an agreement
with the non-profit entity at this time to actually accept the sign.
Out of fairness to Council and to Downtown Roanoke, Inc., Mr. Fitzpatrick
advised that inasmuch as Council is being requested to address the issue of roof
signs in the Downtown Historic District, Council should be privy to information on
where the H & C Coffee Sign will be relocated, prior to voting on the proposed
amendment. He advised that the H & C Coffee Sign is an icon in the City of Roanoke
and he could not vote to give carte blanc approval.
Mr. Diaz advised that Center in the Square is the non-profit organization that
Downtown Roanoke, Inc., has been working with, but no formal agreement has been
executed to date; and the proposed zoning ordinance amendment will allow
Downtown Roanoke to explore various options in terms of where the sign will be
relocated which will be in a very limited and defined area.
Mr. Fitzpatrick offered a substitute motion that the ordinance be tabled for a
period of 30 days, pending more precise information from Downtown Roanoke, Inc.,
with regard to actual relocation of the H & C Coffee Sign, and to identify the non-
profit organization that will accept donation of the sign. The substitute motion was
seconded by Mr. Harris.
Mr. Diaz clarified that Center in the Square is the only organization that has
been approached in regard to accepting donation of the H & C Coffee Sign and the
sign would be located on one of the two buildings owned by Center in the Square
in the H-1 District; i.e: the Center in the Square building, or the former Shenandoah
Hotel building.
If the H & C Coffee Sign were to blow over this evening, Council Member
Bestpitch inquired as to what would happen under provisions of the existing
ordinance; whereupon, Mr. Townsend advised that the sign is considered to be non-
conforming at the present time and could not be reinstalled under provisions ofthe
current ordinance. Mr. Bestpitch responded that there should be some capability
in place to repair the sign in the event that it becomes necessary to do so.
Ms. Wyatt expressed concern with regard to the integrity of the H & C Coffee
Sign, and advised that if the sign becomes a part of the top of Center in the Square,
as opposed being located closer to eye level, the entire impact of the sign and what
it means to the community will be dissipated. She stated that citizens have a visual
image of the H & C Coffee Sign and how it is displayed in the community, which is
a visual image that the community will expect to retain when the sign is refurbished
and relocated. She advised that she understood the need to move on, but at the
same time, it would be unfortunate to lose site of or control over a sign that has
37
become an icon.
Mr. Diaz advised that Downtown Roanoke, Inc., wishes to preserve the
expectations of the community for the sign, with the understanding that the sign
will be a vibrant part of the Downtown Roanoke skyline; certain risks are involved
in moving the sign, Downtown Roanoke, Inc., is taking a risk in its efforts to raise
$100,000.00, and the owner of the H & C Coffee Sign is taking a risk in donating the
sign. He stated that this is a community effort, the goal of which is to uphold the
expectations of the community by preserving a landmark, or icon, in Downtown
Roanoke.
The substitute motion lost by the following vote:
AYES: Council Members Wyatt, Fitzpatrick and Harris-------...---------.....-------3.
NAYS: Council Members Bestpitch, Cutler and Mayor Smith--------..-----------.-3.
(Council Member Dowe was absent.)
So as not to have a divided vote on the proposed amendment, Mr. Diaz
requested that Council table the ordinance and he would report to the Council after
an agreement is reached with Center in the Square with regard to the proposed
location of the H & C Coffee Sign.
In a discussion of the matter, Mr. Diaz advised that the total cost of renovating
the H & C Coffee Sign is $100,000.00, and an additional $25,000.00 for a maintenance
fund which should accrue interest atthe rate that approximately $1500.00 per month
could be spent on maintenance; therefore, a $125,000.00 fund raising campaign is
proposed. Upon question, he indicated that a portion of the funding may be
requested from the City of Roanoke.
Mr. Bestpitch moved that Council reconsider the motion to table the ordinance
for a period of 30 days. The motion was seconded by Mr. Cutler and adopted.
The motion to table the ordinance for a period of 30 days was adopted.
TRANSPORTATION SAFETY .FIFTH PLANNING DISTRICT COMMISSION-ST ATE
HIGHWAYS: The City Clerk having advertised a public hearing for Thursday, October
23, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on an
endorsement of the draft 20.Year Long Range Transportation Plan for submission
to the Roanoke Valley Area Metropolitan Planning Organization, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, October 17, 2003.
The City Manager submitted a written report advising that The Roanoke Valley
Metropolitan Planning Organization (MPO) is scheduled to adopt a revised 20-Year
38
Long Range Transportation Plan (LRTP) at its November 6,2003 meeting; the LRTP
is a financially constrained plan that identifies the expected resources that will be
available for transportation improvements and establishes a list of improvements
that are to be implemented over the 20-year planning period; transportation
improvement projects must be included in the LRTP before they can be added to the
Virginia Department of Transportation's Six Year Plan, and the LRTP is routinely
revised and comprehensively updated every three to five years.
It was further advised that the Virginia Department of Transportation (VDOT)
provided both financial and transportation condition projections for the 20-year
planning period; a work group was organized to discuss projections and to develop
recommendations for Council's endorsement and submission to the MPO; members
ofthe work group included the City Planning Commission's Transportation, Utilities
and Facilities Committee, the City of Roanoke's MPO representatives, and key staff
members (representing all modes oftransportation, environmental quality, economic
development, and city-wide comprehensive planning); and the work group evaluated
information in light of the Comprehensive Plan's guidance and developed priorities
and recommendations that are included in the Plan.
It was explained that the MPO must develop and maintain a LRTP with a 20-
year planning horizon; transportation improvement projects must be included in the
LRTP before they can be added to VDOT's Six Year Plan; neither Council's
endorsement, nor the MPO's adoption, of the LRTP will obligate any LRTP project
to be implemented, rather, such projects are made eligible for further consideration;
and the work group has developed recommendations that are consistent with the
guidance provided in the City's Comprehensive Plan and the MPO will adopt the
LRTP during a public hearing (scheduled for November 6, 2003) at the conclusion
of a 30-day public comment period.
The City Manager recommended, following the public hearing, that Council
endorse, by resolution, the cover letter, Financially Constrained List, and Vision List
for submission to the Roanoke Valley Area Metropolitan Planning Organization for
consideration.
Mr. Bestpitch offered the following resolution:
(#36534-102303) A RESOLUTION concurring in a list offinancially-constrained
projects and recommended improvements for roadways in the City of Roanoke for
further study in connection with the Long-Range Transportation Plan.
(For full text of resolution, see Resolution Book No. 68.)
Mr. Bestpitch moved the adoption of Resolution No. 36534-102303. The
motion was seconded by Mr. Fitzpatrick.
39
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion or questions by Council Members, Resolution No.
36534.102303 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Fitzpatrick, Harris, and
Mayor Sm ith .-------------------------------..------------.----------------.....---------......--------------6.
NAYS: None. .......------...--...--------------------------------------------------------..-.-...-.-0.
(Council Member Dowe was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
COMPLAINTS-ARMORY/STADIUM: Mr. Robert Gravely, 729 Loudon Avenue,
N. W., expressed concern with regard to barrels containing hazardous waste
material that were uncovered as a part of the excavation process at the site of the
proposed stadium/amphitheater at Orange Avenue and Williamson Road.
There being no further business, the Mayor declared the meeting adjourned
at 8:30 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
40
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
RALPH K. SMITH
Mayor
November 17, 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,
4L
Ralph K. Smith
Mayor
RKS:snh
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER. CMC
City Clerk
215 Church A venue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
November 24, 2003
File #110-314
Mr. S. James Sikkema
Executive Director
Blue Ridge Behavioral Healthcare
301 Elm Avenue, S. W.
Roanoke, Virginia 24016-4001
Dear Mr. Sikkema:
Your communication recommending concurrence in the reappointment of
John M. Hudgins, Jr., as an at-large member of the Blue Ridge Behavioral Healthcare
Board of Directors, for a term ending December 31,2006, was before the Council of the
City of Roanoke at a regular meeting which was held on Monday, November 17, 2003
On motion, duly seconded and adopted, Council concurred in the reappointment of Mr.
Hudgins for a term ending December 31, 2006, and expressed appreciation for his
willingness to continue his service as a member of the Blue Ridge Behavioral Healthcare
Board of Directors.
SA'..., ;.fJ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Mr. S. James Sikkema
November 24, 2003
Page 2
pc: John M. Hudgins, Jr., 870 Stonegate Court, Salem, Virginia 24153
Diane S. Childers, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800,
Roanoke, Virginia 24018-0798
James E. Taliaferro, III, Assistant City Manager, City of Salem, P. O. Box 869,
Salem, Virginia 24153
Carolyn S. Ross, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia
24179
Gerald A. Burgess, County Administrator, Botetourt County, 1 West Main Street,
Box 1, Fincastle, Virginia 24090
Blue Ridge
Behavioral
Healthcare
Rita J. Gliniecki Chairman
John M. Hudgins, Jr. Vice Chairman
Robert Williams, Jr. Treasurer
Meredith B. Waid Secretary
Executive Director
S. James Sikkema, LCSW
November 4, 2003
Ms. Darlene L. Burcham
City Manager
City of Roanoke
215 Church Avenue, SW
Roanoke, VA 24011
Dear Ms. Burcham:
According to our records, the first term of Mr. John M. Hudgins, Jr. as an at-large
representative on the Blue Ridge Behavioral Healthcare Board of Directors will
expire on December 31,2003. Mr. Hudgins currently serves as Vice-Chairman
of our board, and it is the board's pleasure that he be granted an additional term
of appointment.
According to 937.1-196 of the Code of Virginia as amended in 1998, Community
Services Board members are eligible to serve three full three-year terms. We
respectfully request, therefore, that the Roanoke City Council ratify the
reappointment of Mr. John M. Hudgins, Jr. for his second term, to run from
January 1,2004 through December 31,2006.
The by-laws of Blue Ridge Behavioral Healthcare require that appointments of
board members at-large be ratified by all of the CSB's participating localities, so
this request is being sent concurrently to our other four local governing bodies.
Si
l~
'~
C: The Honorable Ralph K. Smith, Mayor
Mary F. Parker, City Clerk
Mr. John M. Hudgins, Jr.
870 Stonegate Court
Salem, VA 24153
Executive Offices 301 Eim Avenue SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax (540) 345-6891
The Community Services Board serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke
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@cLroanokc.va.us
November 19, 2003
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER. CMC
City Clerk
File #-110-467
Mr. Michael F. Urbanski
10 South Jefferson Street
Dominion Tower, Suite 1400
Roanoke, Virginia 24011
Dear Mr. Urbanski:
Your communication tendering your resignation as a member of the Virginia Western
Community College Board of Directors was before the Council of the City of Roanoke at
a regular meeting which was held on Monday, November 17, 2003.
On motion, duly seconded and adopted, the resignation was accepted.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the Virginia Western Community
College Board from January 4, 2000 to November 17, 2003. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was
issued by the Mayor on behalf of the Members of the Roanoke City Council.
S~y~ :lL
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
pc: Dr. Robert Sandel, President, Virginia Western Community College,
P. O. Box 14007, Roanoke, Virginia 24038-4007
Stephanie M. Moon, Deputy City Clerk
MicJ..ael F. U rbanslci
10 South JelrersoD Street
Dominion Tower - Suite 1400
Roanoke. V irgin;a 24011
November 6, 2003
Robert H. Sandel, President
Virginia Western Community College
P. O. Box 14007
Roanoke, VA 24038-4007
Dear Bobby:
As we discussed, effective upon my taking office as United States
Magistrate Judge for the Western District of Virginia, I will need to resign as a
member and chairman ofthe Local Advisory Board of Virginia Western
Community College. In addition, I need to resign as an ex officio member of
the VWCC Foundation Board.
At this point, I expect to be sworn in as US Magistrate Judge sometime
near the end of the year.
I have enjoyed my tenure on the Board of Virginia Western
Community College and am grateful for the opportunity to work with you and
your fine staff.
Best personal regards.
Very truly yours,
w~
Michael F. Urbanski
cc: Mary F. Parker, Clerk
John B. Williamson III
1/"1 /00
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: c1erk@ci.roanoke.va.us
MARY F. PARKER, CMC
City Clerk
November 19, 2003
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #-67-110-379
Mr. Brian M. Shepard
Chief of Staff
Office of Lt. Governor Tim Kaine
900 East Main Street
Richmond, Virginia 23219
Dear Mr. Shepard:
Your resignation as a member of the Parks and Recreation Advisory Board and the
Roanoke Valley Greenway Commission, was before the Council of the City of Roanoke at
a regular meeting which was held on Monday, November 17, 2003.
On motion, duly seconded and adopted, the resignation was accepted.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the Parks and Recreation
Advisory Board from April 1, 2002 to November 17, 2003, and the Roanoke Valley
Greenway Commission from June 2, 1997 to November 17, 2003. Please find enclosed
a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which
was issued by the Mayor on behalf of the Members of the Roanoke City Council.
Sincerely, /) _
'h. ~ I~t~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
H:\oath and leaving service\Parks and Rec\Brian Shepard.wpd
Brian M. Shepard
November 19, 2003
Page 2
pc: Steven C. Buschor, Director, Parks and Recreation
Stephanie M. Moon, Deputy City Clerk
Carl H. Kopitzke, Vice-Chair, Parks and Recreation Advisory Board, 2314 Martin
Lane, S. W., Roanoke 24015
Elizabeth Belcher, Greenway Coordinator, Greenway Commission, P. O. Box
29800, Roanoke, Virginia 24018
H:\oath and leaving service\Parks and Rec\8rian Shepard.wpd
........... Mary Parker
_11/12/200311:55AM
To: "Brian Shepard" <bshepard@ltgov.state.va.us>
cc: (bee: Stephanie Moon/Employees/City_o'-Roanoke)
Subject: Re: resignations from City boards~
Thanks. Brian. Your e-mail will suffice.
J hope all is going well for you.
Mary
"Brian Shepard" <bshepard@ltgov.state.va.us>
(I
lIBrian Shepard"
<bshepard@llgov.slale
.va.us>
To: <Mary_Parker@ci.roanoke.va.us>
cc:
Subject: resignations from City boards
11/12/200311:45 AM
Mary-
I recently sent leUers to Mayor Smith and to each member of council resigning from the Parks and
Recreation Advisory Board and the Roanoke Valley Greenway Commission.
I apologize for not sending a copy to your office. I know that's where the work is done.
I hope this email will suffice. Council members should have signed copies, if that is necessary.
Brian
Brian Shepard
Chief of Staff
Office ofLt. Governor Tim Kaine
900 East Main Street
Richmond, VA 23219
bshepard@ltgov.slate.va.us
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
December 2, 2003
File #110-192
Linda B. Vaught, Secretary
Roanoke Civic Center Commission
Roanoke, Virginia
Dear Ms. Vaught:
This is to advise you that Debbie Conner has qualified as a member of the Roanoke Civic
Center Commission, for a term ending September 30, 2006.
Sincerely, /)
Ih~ .j, r~~
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Debbie Conner, 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 Civic Center Commission for a term ending September 30,
2006, according to the best of my ability.
W-~
Subscribed and sworn to before me this !l......- day of A0v1 2003.
ARTHUR B. CRUSH, III, CLERK
Bvcr1d'owJ
, DEPUTY 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.vaus
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARYF.PARKER,CMC
City Clerk
December 2, 2003
File #110-207
Mr. Dennis R. Cronk, Vice Chair
Industrial Development Authority
of the City of Roanoke
3310 Kingsbury Circle, S. W.
Roanoke, Virginia 24014
Dear Mr. Cronk:
This is to advise you that F. Gordon Hancock has qualified as a member of the Industrial
Development Authority, for a term ending October 20, 2006.
~'~ J.P~
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, F. Gordon Hancock, 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 Director of the Industrial Development Authority of the City of
Roanoke, Virginia, for a term ending October 20,2006, according to the best of my ability,
(so help me God).
..$ ~ "Y:l G_ .... .g
Subscribed and sworn to before me this ~ day of f7.tn,. 2003.
ARTHUR B. CRUSH, III, CLERK
BY~cti-L.C~~ O-
J
, DEPUTY 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
December 2, 2003
File #110-249
Martha P. Franklin, Secretary
Architectural Review Board
Roanoke, Virginia
Dear Ms. Franklin:
This is to advise you that Jon Stephenson has qualified as a member of the Architectural
Review Board, for a term ending October 1, 2007.
iit~/~
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Jon Stephenson, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution ofthe Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as a member of the Architectural Review Board for a term ending October 1, 2007,
according to the best of my ability.
~~.~
Subscribed and sworn to before me this ..s:....~y of -r; ()l/'. 2003.
ARTHUR B. CRUSH, III, CLERK
BY
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
November 18, 2003
File #27
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,
November 17, 2003, Paul R. Dotson, representing College Evangelical Lutheran Church,
advised that a lot on Manning Road, N. E., was recently donated to the Church, the lot
contains no sewer system, and the cost to install a sewer system will be in the range of
$50,000.00. He called attention to policy which provides that the City will fund one half of
the cost; however, the value of the lot is $13,500.00 and it would be counter productive for
the Church to invest $25,000.00 in a sewer system; therefore, he requested a special
permit to install a septic system on the lot.
As a part of the discussion, you advised that inasmuch as there are a number of lots in the
area (approximately eight) that could be served by a sewer extension, it is recommended
that a measure be drafted by the City Attorney for consideration by Council to provide that
the City will bear the total cost of the sewer line extension, with costs to be pro rated
against those lots that could be served by the sewer line, at approximately $6,500.00 per
lot, which is comparable to the cost of a septic tank installation.
Darlene L. Burcham
November 18, 2003
Page 2
It was the consensus of Council to refer the matter to the City Manager for report with
regard to including the entire 50-acre water shed.
s~~ 1. ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc: Paul R. Dotson, Agent, MKB Realtors Salem, Glenn Residential, College
Evangelical Lutheran Church, Salem, Virginia 24153
Michael T. McEvoy, Director of Utilities
CITY OF ROANOKE
CITY COUNCIL
RALPH K. SMITH
Mayor
215 Church Avenue, S.w.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Council Members:
William D. Bestpitch
M. Rupert Cutler
Alfred T. Dowe, Jr.
Beverly T. Fitzpatrick, Jr.
e. Nelson Harris
Linda F. Wyatt
November 17, 2003
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
We jointly sponsor a request of Paul R. Dotson, representing the College Evangelical
Lutheran Church, with regard to installation of a septic system on property located on
Manning Road, N. E., at the regular meeting of City Council on Monday, November 17,
2003, at 2:00 p.m.
Sincerely,
e(,.i{~cf{e.. .
C. Nelson Harris
Vice-Mayor
~
CNH:ATDjr:sm
pc: Darlene L. Burcham, City Manager
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.......... Mary Parker
_ 11/06/2003 02:54 PM
To: Stephanie MoonlEmployeeslCity_oCRoanoke@City_oCRoanoke
cc:
Subject: Paul Dotson - septic tank issue
Stephanie: You will be receiving a letter for the Nov. 17 agenda from Paul Dotson regarding a septic tank
issue. Vice-Mayor Harris and Council Member Dowe are the sponsors.
60 acre sewershed currently served by private septic systems
SA
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(Yellow)
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
November 19, 2003
File #467-472
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36539-111703 setting forth a policy for disposition
of City Surplus Tangible Personal Property.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 17, 2003.
Sincerely, /J
A ~ J, r/M-Ac~
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Jeffrey Powell, Director of General Services
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
....,/
P'}'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of November, 2003.
No. 36539-111703.
A RESOLUTION setting forth a policy for the disposition of City Surplus Tangible Personal
Property.
WHEREAS, City staffhas determined that by adopting a policy for the disposition of City
Surplus Tangible Personal Property as set forth in the City Manager's letter to Council dated
November 17, 2003, there could be a more efficient disposition of such property.
THEREFORE, be it resolved by the Council of the City of Roanoke as follows:
1. The City Council hereby adopts the policy set forth in this resolution for the
disposition of City Surplus Tangible Personal Property.
2. The following policy will apply to the disposition of City Surplus Tangible Personal
Property:
a. Reallocate to City departments.
b. Attempt to sell vehicles and other items of significant value on the internet or
by other appropriate means.
c. Give usable surplus tangible personal property, not disposed of above, to
Roanoke City Public Schools (RCPS) subject to RCPS accepting the
property. RCPS wiJl have the right to decide whether to accept individual
items of surplus property. The decision of whether or not RCPS will accept
the property will be made before transporting the property to the RCPS
storage facility. RCPS will store the property and dispose of it as it wishes,
including the sale of such surplus property.
d. Any surplus tangible personal property not disposed of above will be disposed
of by sending it to the landfiJl or other proper disposal facility, or such
property may be recycled or given to an entity that may be able to use it.
H:\Measures\tang11e surplus personal property. doc
1
e. Disposal of surplus tangible personal property in some other way than outlined
above may be done only by a separate action of City Council, as City Council
may deem appropriate.
3. The City Manager is authorized to adopt appropriate procedures and to take the
necessary action to implement and administer the above policy.
4. This resolution shall be effective on and from the date of its passage.
ATTEST: /7
/i\ ~ -J, f4,.".
City Clerk.
H:\Measures\tangile surplus personal property.doc
2
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
November 17, 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:
Disposition of City Surplus
Property
Background:
In the past the City has held a semi-annual auction of surplus property. An
average of 85% of the proceeds of the sale has been from vehicles and heavy
equipment. In 2002, vehicles/heavy equipment sales totaled $76,525 for 46
pieces of equipment. Miscellaneous sales, items other than vehicles and heavy
equipment, totaled $13,894 in 2002. In mid July 2003, the City began using an
on-line auction (eSurplusAuction.com) to sell vehicles and heavy equipment.
The City has received $112,000 for 43 items including vehicles and other pieces
of equipment through the on-line auction in the first quarter of sales.
With the closure of the warehouse and building of the new salt barn at the Public
Works Service Center, there is no convenient space for storage and sale of
miscellaneous surplus items, such as desks, chairs, file cabinets, etc. Sales of
miscellaneous surplus have been less than $14,000 annually. Annual cost for
surplus sales excluding the auctioneer's percentage is almost $5,000 including
approximately $2,000 for advertising.
Roanoke City Public Schools (RCPS) also hold semi-annual auctions of surplus
property. RCSP has space for storage of surplus property.
Considerations:
By combining the City and Schools miscellaneous surplus, we would eliminate
duplicate advertising costs of about $2,000 per year, producing higher net
income. RCPS has agreed at an administrative level to the proposal outlined
below.
We propose to use the following approach for disposition of surplus property:
1. Reallocate to City departments.
2. Attempt to sell vehicles and other items of significant value on the internet
or by other appropriate means.
3. Give usable surplus personal property, not disposed of above, to Roanoke
City Public Schools (RCPS) subject to RCPS accepting the property.
RCPS will have the right to decide whether to accept individual items of
surplus property. The decision of whether or not the Schools will accept
the property will be made before transporting the property to the RCPS
storage facility. RCPS will store the property and dispose of it as they
wish from there, including the sale of the surplus property.
4. Any surplus property not disposed of above will be disposed of by sending
it to the landfill or other proper disposal facility, or the property may be
recycled or given to an entity that may be able to use it.
Disposal of surplus property in some other way than outlined above may be done
only by a separate action of City Council. For example, a gift of surplus property
to another public body or to a non-profit agency will require City Council action.
Recommended Action:
City Council approve the above policy of disposition of the City's surplus
property, provided City Council may dispose of any City surplus property in a
manner other than set forth above, as Council may deem appropriate.
Respectfully submitted,
Darlene L. urcham
City Manager
DLB:rhb
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Jeffrey Powell, Director of General Services
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
CM03-00215
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
November 18, 2003
File #226
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36540-111703 authorizing the City Manager to enter
into an agreement with Total Action Against Poverty in Roanoke Valley, Inc., to renovate
and equip the Dumas Center for Artistic Development, as more particularly described in
a letter from the City Manager under date of November 17, 2003.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 17, 2003.
S;07\"'"1 J fJ ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
November 19 2003
Page 2
pc: Theodore J. Edlich, III, President, Total Action Against Poverty, P. o. Box 2868,
Roanoke, Virginia 24001-2868
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Elizabeth Neu, Director, Economic Development
Sherman Stovall, Acting Director, Office of Management and Budget
..r~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of November, 2003.
No. 36540+111~03.
AN ORDINANCE authorizing the City Manager to enter into an agreement between
the City of Roanoke and Total Action Against Poverty in Roanoke Valley, Inc. to renovate
and equip the Dumas Center for Artistic Development, and dispensing with the second
reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an
agreement with the Total Action Against Poverty in Roanoke Valley, Inc. to renovate and
equip the Dumas Center for Artistic Development, upon such terms and conditions as are
more particularly described in the City Manager's letter dated November 17,2003, to this
Council.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
~:, / !Z..-
City Clerk.
H:\ORDfNANCES\O_AGREEMENTDUMAS 11 1703.DOC
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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
Fa" (540) 853-1138
CityWeb: www.roanokegov.com
November 17, 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:
Agreement with Total
Action Against Poverty for
Funding the Renovation of
the Dumas Center for
Artistic Development
Background:
Total Action Against Poverty (TAP) has requested funds from the City to support
the renovation and equipping of the Dumas Center for Artistic Development. In
July 2002, the original cost of the project was to be $4,098,184. Since that time,
the budget has increased to $4,861,496 as a result of a separate addition for the
Harrison Museum. The Project is to be funded from a variety of sources. Initially
the City was requested to provide $500,000 in project funding over three fiscal
years beginning in FY 2002-03. This request was later modified to allow funding
to be phased beginning in FY 2003-04 over a period of five fiscal years. Staff
recommended that the $500,000 request be funded in a similar fashion to the
Grandin Theater project, with $100,000 being provided each year over five years
beginning with FY 2003-04. Funding would be provided by agreement as
approved by City Council subject to the following provisions:
Honorable Mayor and Members of Council
November 17, 2003
Page 2
· Certification of the availability of matching funds;
· City funds will be used solely for the construction project, and not for
operation of the Dumas Center;
· No future operational support for the Dumas Center will be requested from
the City;
· The Dumas Center would continue to be operated as a community arts
and cultural center;
· TAP will pay the City real estate taxes on the Center, as assessed by the
City;
· The Dumas Center will not be sold or conveyed to another entity without
the prior written consent of the City; and
· If the Dumas Center is sold within the five years of the agreement to other
than a non-profit entity, the City will recover its capital investment from the
proceeds of the sale.
Funding will be appropriated annually from the Capital Maintenance and
Equipment Replacement Program. This has already been done for FY 2003-04
with funding available for this contribution in account 008-310-9799-9132.
Recommended Action:
Authorize the City Manager to enter into an agreement with Total Action Against
Poverty, in a form approved by the City Attorney, to renovate and equip the
Dumas Center for Artistic Development.
Respectfully submitted,
Darlene L. rcham
City Manager
DLB:rbl
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda Russell, Assistant City Manager for Community Development
Elizabeth Neu, Director of Economic Development
Sherman Stovall, Budget Administrator
CM03-00217
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
November 19, 2003
File #237
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36541-111703 authorizing the City Manager's
issuance of Amendment No. 1A3 to the City's contract with Hayes, Seay, Mattern &
Mattern, Inc., for designing realignments for a portion of Piedmont Street near its
intersection with Hamilton Terrace, S. E., and a portion of Hamilton Terrace, S. E., near
its intersection with Belleview Avenue, to accommodate the proposed greenway which is
a part of the Roanoke River Flood Reduction Project, and will increase the amount of the
contract by $31,212.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 17, 2003.
7R'"-Y j.fL.-
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
November 19 2003
Page 2
pc: Hayes, Seay, Mattern & Mattern, Inc.,1315 Franklin Road, S. W. Roanoke, Virginia
24016
Jesse A. Hall, Director of Finance
Philip C. Schirmer, P.E., L.S., City Engineer
Ms. Elizabeth Belcher, Greenway Coordinator, Greenway Commission, P. O. Box
29800, Roanoke, Virginia 24018
',IV
! I J-
:;V
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of November, 2003_
No. 36541~111703.
A RESOLUTION authorizing the City Manager's issuance of Amendment No. lA3 to
the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for designing realignments for a
portion of Piedmont Street near its intersection with Hamilton Terrace, S.E. and a portion of
Hamilton Terrace, S.E., near its intersection with Belleview Avenue, S.E., to accommodate the
proposed greenway which is part of the Roanoke River Flood Reduction Project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is authorized to execute for and on behalf of the City, in a form
approved by the City Attorney, Amendment No. lA3 to the City's contract with Hayes, Seay,
Mattern & Mattern, Inc., for designing realignments for a portion of Piedmont Street near its
intersection with Hamilton Terrace, S.B. and a portion of Hamilton Terrace, S.E., near its
intersection with Belleview Avenue, S.E., to accommodate the proposed greenway which is part
of the Roanoke River Flood Reduction Project., all as more fully set forth in the letter to this
Council dated November 17, 2003.
2. Amendment No. lA3 will provide authorization for additions in the work with an
increase in the amount of$31,212.00 to the contract, all as set forth in the above letter.
ATlhES . f2
1 A.r ..I.i-v
"'-r 7 . -
City Clerk.
H:\RESOLUTIONS\R-Amend lA3RRFRP111703.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone, (540) 853-2333
Fa" (540) 853-1138
CityWeb: www.roanokegov.com
November 17, 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 No. 1A3
Utility Relocation - Roanoke River
Flood Reduction Program
This project is part of the Roanoke River Flood Reduction Program (RRFRP), which is being
designed by the Corps of Engineers (CaE). On March 18, 1991, the City entered into a contract
with the engineering consulting firm of Hayes, Seay, Mattern & Mattern, Inc., for work including the
design of all relocations required by the RRFRP.
Due to very steep river banks near Hamilton Terrace, S. E., and Belleview Avenue, S. E., it is
necessary to realign a portion of Piedmont Street near its intersection with Hamilton Terrace, S. E.,
and a portion of Hamilton Terrace, S. E., near its intersection with Belleview Avenue, S. E., to
accommodate the proposed greenway which is part of the RRFRP. Part of the proposed
realignment will allow the proposed greenway to connect to the new pedestrian bridge over the
Roanoke River constructed by Carilion. The cost of designing such realignments will be
$31,212.00.
Council approval is required as the amount of this amendment, combined with the two prior
amendments, exceed twenty-five percent (25%) of the contract amount initially allocated to this
project.
Funding is available in Capital Projects Fund account number 008-056-9620, Roanoke River Flood
Reduction.
Honorable Mayor and Members of Council
November 17, 2003
Page 2
Recommended Action:
Authorize the City Manager to execute Amendment NO.1 A3 for the above work, in the amount of
$31,212.00 with Hayes, Seay, Mattern & Mattern, Inc., forthe Roanoke River Flood Reduction Utility
Relocation Project.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:JRP:na
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, P.E., L.S., City Engineer
#CM03-00222
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1\45
E-mail: c1erk@cLroanoke.va.us
MARY F. PARKER. CMC
City Clerk
November 20, 2003
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
I am enclosing copy of Resolution No. 36542-111703, initiating on behalf of the Council,
an amendment to 936.1-25, Definitions, and 936.1-207, Special exception uses, of the
Code of the City of Roanoke (1979), as amended, to permit the establishment of outpatient
mental health and substance abuse clinics as a special exception use in only the C-2,
General Commercial District, of the City of Roanoke; referring the matter to the City
Planning Commission for consideration and report to Council; and establishing a joint
public hearing by the City Planning Commission and City Council on December 15, 2003,
at 7:00 p.m.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 17, 2003.
s~ ""} J, ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
November 20, 2003
Page 2
pc: The Honorable David C. Anderson, City Treasurer
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Susan S. Lower, Acting 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
:,~/\\0'3
V.\~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of November. 2003.
No. 36542-111703.
A RESOLUTION initiating on behalf ofthe Council ofthe City of Roanoke, an amendment
to 936.1-25, Definitions, and 936.1-207, Special exception uses, ofthe Code of the City of Roanoke
(1979), as amended, to permit the establishment of outpatient mental health and substance abuse
clinics as a special exception use in only the C-2, General Commercial District, of the City of
Roanoke.
WHEREAS, 915.2-2286(7), ofthe Code of Virginia (1950), as amended, provides, inter ali!!,
that whenever the public necessity, convenience, general welfare or good zoning practice requires,
the governing body of a locality may, by resolution, initiate an amendment to the zoning regulations
of the locality; and
WHEREAS, the City Council for the City of Roanoke hereby finds that the public necessity,
convenience, general welfare and good zoning practice require consideration of an amendment to the
zoning regulations ofthe City of Roanoke, permitting outpatient mental health and substance abuse
clinics as a special exception use in only the C-2, General Commercial District, of the City of
Roanoke.
THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke that pursuant to
915.2-2286(7) of the Code of Virginia (1950), as amended, the Council of the City of Roanoke
hereby initiates, as requested by the City Manager for the City of Roanoke, an amendment to 936.1-
25, Definitions, and 936.1-207, Special exception uses, of the Code of the City of Roanoke (1979),
as amended, to permit the establishment of outpatient mental health and substance abuse clinics as a
special exception use in only the C-2, General Commercial District, of the City of Roanoke, as set
H'\RFSOI .T mONS\R-AMENDC-2MEDICALCLINICS.DOC
forth in the City Manager's letter dated November 17,2003, to this Council, refers this matter to the
Planning Commission for the City of Roanoke for further consideration and report to this Council,
and requests that this matter be set for ajoint public hearing between the Planning Commission and
this Council on December 15, 2003, or as soon thereafter as is practical and expedient.
^~
-J.~
ATTEST:
City Clerk.
..,~~.......... ''''''''''''''''<'1'0 ....n:;,..,rrv... .,I\,t;;OU"ll.l rT TN1r~ nor
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
November 17, 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 the Zonino
Ordinance related to the regulation of
Outpatient Mental Health and
Substance Abuse Clinics
Currently, the City of Roanoke Zonino Ordinance provides for a single definition of a
medical clinic, defining them as "an establishment which offers medical _ or health _
related counseling or treatment (including diagnosis), including dental, optical, and
psychiatric treatment, where treatment is offered by more than two (2) licensed
professional medical practitioners."
As indicated by the definition, this use broadly covers a wide range of medical
specialties and practices. While most medical facilities and clinics have similar
physical, functional, and land use characteristics, there are other types of facilities that,
by nature of their operational and functional needs or characteristics, could have
potential adverse impacts on adjacent land uses. Certain medical clinics which provide
services for drug and alcohol abuse or treatment of mental illness have the potential to
exhibit operational hours, parking needs, and security measures that are unique unto
themselves, and are not shared by other medical clinic facilities as contemplated by our
current zoning ordinance definition.
To address potential adverse impacts of some types of medical clinics as currently
defined by the Zonino Ordinance one alternative would be to maintain the current broad
definition of medical clinics, and regulate them all by Special Exception as opposed to
the manner in which they are regulated today either by Special Exception or 'By Right'
depending on the applicable zoning district. This option, however, while sufficiently
Mayor Smith and Members of City Council
November 17, 2003
Page 2
addressing new locations, would result in allowing any existing medical clinic location to
change its medical specialty or type of practice without obtaining a Special Exception.
Therefore, in order to better define and regulate certain types of medical clinics which
tend to exhibit unique functional and operational characteristics, a new definition is
proposed to be added to the Zonino Ordinance. This proposed definition is outlined
below:
Outpatient Mental Hea/th and Substance Abuse Clinic:
An establishment which provides outpatient services related to the treatment of mental
health disorders, alcohol, or other drug or substance abuse disorders including the
dispensing and administering of controlled substances and pharmaceutical products by
licensed professional medica/ practitioners.
This use is proposed to be permitted only in the C-2 General Commercial District upon
issuance of a Special Exception by the Board of Zoning Appeals.
These proposed amendments will provide a specific process for the review and
approval of these types of medical facilities including general public notice of such a
proposed use, the notification of abutting property owners, and a public hearing by the
Board of Zoning Appeals.
This option allows for the retention of the current definition and regulation of other types
of medical clinics as originally contemplated by the Zonino Ordinance.
Recommended Action:
City Council adopt a resolution authorizing a joint public hearing with the City Planning
Commission concerning the adoption of this Zonino Ordinance amendment at its
December 15,2003 meeting.
Respectfully su . ~d,
," ~.
\, ~. ~ ..,
c,/./:;riJ.{-tY/ .~
Darlene L. Bu~a
City Manager
Attachments
c: William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Jesse A Hall, Director of Finance
Brian Townsend, Director of Planning Building and Development
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church A venue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-254]
Fax: (540) 853-1 ]45
E-mail: c1erk@ci.roanoke.va.us
MARY F. PARKER, CMC
City Clerk
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
November 20, 2003
The Honorable John S. Edwards
Member, Senate of Virginia
P. O. Box 1179
Roanoke, Virginia 24006-1179
The Honorable Clifton A. Woodrum, III
Delegate, House of Representatives
P.O. Box 990
Roanoke, Virginia 24005
The Honorable A. Victor Thomas
Delegate, House of Representatives
3719 Hickory Cove Lane
Moneta, Virginia 24121
The Honorable William H. Fralin, Jr.
Delegate Elect, House of Representatives
2810 Carolina Avenue, S. W.
Roanoke, Virginia 24014
The Honorable Onzlee Ware
Delegate Elect, House of Representatives
1624 Loudon Avenue, N. W.
Roanoke: Virginia 24017
Gentlemen:
I am enclosing copy of Resolution No. 36543-111703 adopting and endorsing a Legislative
Program for the City of Roanoke to be presented to the City's delegation to the 2004
Session of the Virginia General Assembly; and extending a cordial invitation to attend a
luncheon meeting to be held on Monday, December 1, 2003, at 12:15 p.m. in Room 159,
Noel C. Taylor Municipal Building, 215 Church Avenue.. S. W., City of Roanoke to discuss
legislative issues.
The above referenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 17, 2003.
MFP:ew
Enclosure
Sincerely, /J
/A. ~ :J f~t.,-
Mary F. Parker, CMC
City Clerk
Senator and Delegates
November 20,2003
Page 2
pC.: Darlene L. Burcham, City Manager
Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke,
Virginia 24031
Thomas A. Dick, Legislative Liaison, 1108 E. Main Street, Suite 904, Richmond,
Virginia 23219
~~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of November, 2003.
No. 36543-111703.
A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to
the City's delegation to the 2004 Session of the General Assembly.
WHEREAS, the members of City Council are in a unique position to be aware ofthe legislative
needs of this City and its people;
WHEREAS, previous Legislative Programs of the City have been responsible for improving the
efficiency of local government and the quality of life for citizens of this City;
WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be
advocated by the Council and its representatives at the General Assembly; and
WHEREAS, the Legislative Committee of City Council bas by report, dated November17, 2003,
recommended to Council a Legislative Program to be presented at the 2004 Session of the General
Assembly;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Legislative Program transmitted by report of the Legislative Committee, dated
November 17, 2003, is hereby adopted and endorsed by the Council as the City's official Legislative
Program for the 2004 Session of the General Assembly.
2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the
2004 Session ofthe General Assembly to attend Council's meeting relating to legislative matters, to be
held at 12:15 p.m., on December 1, 2003.
ATTEST:
~~
J/Z. ---
City Clerk.
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.w.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
November 17,2003
Council Members:
William D. Bestpitch
M. Rupert Cutler
Alfred 1. Dowe, Jr.
Beverly T. Fitzpatrick, Jr.
e. Nelson Harris
Linda F. Wyatt
RALPH K. SMITH
Mayor
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: 2004 Legislative Program
Dear Mayor Smith and Members of Council:
On November 3, 2003, City Council's Legislative Committee met to review the
proposed 2004 Legislative Program. A copy of this Legislative Program is attached. After
careful review, the Committee recommends it to City Council for favorable action. The
School Board portion of the Program was approved by the School Board at its meeting on
November 10,2003.
As Chair of the Legislative Committee, I wish to thank the other members of Council,
who comprise the Committee, and Dr. Trinkle and Mr. Lindsey of the School Board. We
also wish to thank Tom Dick, our Legislative Liaison, and Bill Hackworth, City Attorney,
who coordinated and prepared this Program.
As Chair of the Legislative Committee, I commend the Program to City Council for its
approval. I am confident the members of the Council will agree that the recommended
Program will advance the legislative interests of the City and its people at the 2004 Session.
Respectfully submitted,
~2). /kf-M--
William D. Bestpitch, Chair
Legislative Committee
WDB:f
Honorable Mayor and Members
of City Council
November 17,2003
Page 2
Attachments
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Dr. David B. Trinkle
William H. Lindsey, Esquire
Dr. E. Wayne Harris, Superintendent
Richard L. Kelley, Assistant Superintendent
for Operations and Legislative Liaison
Mary F. Parker, City Clerk
Thomas A. Dick, Legislative Liaison
2004
LEGISLATIVE PROGRAM
CITY OF ROANOKE
CITY COUNCIL
SCHOOL BOARD
Ralph K. Smith, Mayor
Gloria P. Manns, Chair
C. Nelson Harris, Vice-Mayor
Ruth C. Willson, Vice-Chair
William D. Bestpitch
William H. Lindsey
M. Rupert Cutler
Melinda J. Payne
Alfred T. Dowe, Jr.
Robert J. Sparrow
Beverly T. Fitzpatrick, Jr.
Kathy G. Stockburger
Linda F. Wyatt
Dr. David B. Trinkle
CITY MANAGER
SUPERINTENDENT
Darlene L. Burcham
Dr. E. Wayne Harris
William M. Hackworth
City Attorney
464 Noel C. Taylor Municipal Building
Roanoke, VA 24011
540-853-2431
INTRODUCTION
The City Council is pleased to commend this Legislative Program for consideration by
the 2004 Session of the General Assembly. The City Council, representing all the people of
our All-America City, is uniquely qualified to understand the legislative needs of City
government and our people. We are of the opinion that this Program is responsive to those
needs. As a policy matter, we continue to believe that local governments are the best vehicles
for the delivery of many services to the public because local governments are closest to the
people and the most responsive. We continue to be concerned about the cumulative effect of
Federal and State legislative and regulatory mandates, many of which are unfunded, the
continued erosion oflocal revenue sources, and the State's fiscal woes.
This Program is a combined Program for City Council and the School Board. You will
note that we have made a conscientious effort to pare our Program down to the issues that we
believe are of the most importance to the citizens of this City. The City Council portion was
prepared by the City's Legislative Liaison, Thomas A. Dick, and City Attorney, William M.
Hackworth, with the assistance of comments and suggestions from Council members, City
administrators, and citizens. The School Board portion was prepared by Richard L. Kelley,
Assistant Superintendent for Operations, who serves as Legislative Liaison for the School
Division, with the assistance of advice and comments from the School Board and
administrators. The entire Program has been carefully reviewed by City Council's Legislative
Committee, which consists of all the members of Council, and William H. Lindsey and Dr.
David B. Trinkle. Upon the recommendation of the Legislative Committee, the Program was
adopted and endorsed by City Council on November 17, 2003. See Resolution No.
, a copy of which of which is attached.
If during the course of the Session our legislators have questions concerning the position
of the City or School Board on legislative matters, they are encouraged to contact the
Legislative Liaison for the City or School Board, who I know will be pleased to respond after
consultation with appropriate officials. I also know that representatives of the City and School
Board will be in contact with our legislators on many occasions during the 2004 Session, and
their consideration of these communications is deeply appreciated. With the support of our
legislators, and this City is fortunate to have legislators who are most supportive and responsive
to the needs of our City and its citizens, I know that our City government and School Division
will be improved and that the quality of life for our citizens will be advanced.
Ralph K. Smith
Mayor
2004 Let!:islative Pro2ram
Lel!:islation Requested
1. Advisory Public Referenda - There are munerous issues that may qualify for advisory public
referenda in various localities across the State. The General Assembly is urged to study the
mechanisms currently in place that allow for such referenda and consider providing a uniform
opportunity for citizens in any locality to be allowed to hold advisory referenda if the local
governing body determines it would be useful to hold such referenda to best serve its citizens.
2. Support for Rail Transportation Development Authority - The City of Roanoke supports the
required reenactment of SB 1279 from the 2003 General Assembly, which would create the Rail
Transportation Development Authority. This Authority would be established to finance or assist
in the financing of capital improvements to rail lines and associated facilities.
3. Vacant Building Registration Fee - The General Assembly should amend Section 15.2-1127
of the Code of Virginia to increase the current permitted registration fee of$25 for vacant buildings
to $250 to assist localities in addressing the additional costs of fire, police and inspection activities
related to vacant properties.
4. Urban Deer Management Program - As a public safety measure, the General Assembly
should amend 929.1-521 of the Code of Virginia to permit the use of baiting to attract deer to be
culled under the conditions of the Urban Deer Management Program permit issued by the Virginia
Department of Game and Inland Fisheries.
5. Health Department - The City's Health Department needs an additional appropriation this year
of at least $187,958 for furnishings and rent, and $158,990 a year thereafter for rent so that it can
consolidate its operations and move into the new Human Services Building on Williamson Road.
6. Absentee Landlord Representation - Section 55-218.1 of the Code of Virginia requires
property owners who own four or more units in the Commonwealth of Virginia, but who do not
reside in the Commonwealth themselves, to maintain an agent who is a resident of the State. It is
difficult to serve summons and other notices on property owners who do not live in the same
locality, delaying action to address blight. The General Assembly is requested to amend this Code
section to require that the property owner's leasing agent or representative operate in the same
locality as the property or in an adjacent locality.
Other Lel!.islative Priorities
Streamline Local Budget Process - Section 15.2-2507 of the Code of Virginia requires a locality
to hold a public hearing when a locality's budget is being amended by more than I % or $500,000,
whichever is the lesser amount. The City requests an amendment to delete the $500,000 threshold
while keeping the 1 % or more increase public hearing requirement.
Outdoor Lighting Standards - The General Assembly should enact a new Virginia Code gI5.2-
920.1 to authorize localities to adopt ordinances establishing outdoor lighting standards and
regulations for the purpose of controlling exterior illumination levels, incidence of glare, light
trespass or "urban sky-glow", or for the purpose of conserving energy. Such standards should be
applicable only on lighting for facilities constructed after the date of the enactment of the local
ordinance.
Constitutional Amendment for Partial Tax Exemption - The General Assembly should pass an
amendment to Article X, Section 6(a)(7)(h) of the Constitution of Virginia to provide authority for
the passage of legislation authorizing localities to provide for a partial exemption from local real
property taxation of new construction in conservation, redevelopment or rehabilitation areas. The
Constitution already permits this for substantial renovation, rehabilitation and replacement of
existing structures.
"Photo Red Light" Program - The City of Roanoke should be added to the list of localities
permitted by Section 46.2-833.01, Code of Virginia, to implement a "photo red light" program to
use photo-monitoring systems to enforce traffic light signal laws.
Opposition to Additional State Fees - The City opposes additional State fees on local services,
including a landfill disposal fee or State trash tax.
Opposition to Restrictions on Local Zoning Authority - The City of Roanoke opposes any
legislation that would limit the authority of the City to restrict certain types of housing in certain
areas of the City.
Recordation of Certified Copies - The General Assembly should amend g55-109 of the Code of
Virginia to permit the clerk of the circuit court to record certified copies, as opposed to only the
original copy, of escheated land grants from the Commonwealth. This would help clear up the
chain of title to approximately three dozen parcels in the City that were escheated, but the original
grant from the Commonwealth was never recorded.
Short Term Rental Taxes - The General Assembly should amend gg 58.1-3510.3 and 58.1-3916
of the Code of Virginia to provide that penalties and interest for failing to file, or making late
payment of local short term rental taxes, is allowed as it presently is for other local taxes, for the
ease of collection.
Enterprise Zone Job Grants - The General Assembly should amend g59.1-282.1.C of the Code of
Virginia to increase the job grant amount in enterprise zones to $1000 for low to moderate income
individuals. The current amount is $500 unless the person lives in the zone, in which case it is
$1000.
Support for Virginia First Cities Coalition - As a member of Virginia First Cities, a group of 15
of the State's older cities, Roanoke supports the broad legislative objectives of this coalition,
including: restructuring the State's tax system to distribute the tax burden more equitably and raise
State tax revenues to generate the additional funding required annually to fulfill the State's
responsibility for education, transportation and human services; the adoption of an urban policy and
smart growth strategies and holding older, core cities harmless from any budget balancing actions
because of the fiscal stress they are already facing.
2
Additionally, the City supports the First Cities efforts to:
a. Oppose any loss of State aid or local authority.
b. Support new State education funding to fully fund the current Standards of Quality,
including the SOQ biennial rebenchmarking costs; fimding the State Board of
Education's SOQ update and the JLARC education recommendations which are not
reflected in the Education Board's update; correcting the composite index to more
accurately reflect local ability to pay for education; and opposing shifting fimds from
any other education program, especially programs targeted to at-risk students to pay
for this additional funding.
c. Support the legislative recommendations of the Governor's Urban Policy Task
Force.
d. Continue to fimd street maintenance at the same growth rate as VDOT maintenance.
e. Support legislation that improves eligibility for Medicaid and increases
reimbursement rates.
f. Oppose legislation that would adversely change the existing council-manager form
oflocal governance used across Virginia.
School Board Leeislative Priorities
The major legislative priorities listed in priority sequence of the Roanoke City School Board
are for the State:
1. To rebenchmark the Standards of Quality in order to meet increased costs for teacher and
employee salaries, inflation, and student emollment.
2. To fimd the cost of meeting the improvements to the Standards of Quality as
recommended by the State Board of Education.
3. To enhance the State's support of school capital outlay projects through a permanent
funding source for school construction and debt service requirements that will fund 55%
of school construction needs over the next five years.
The City of Roanoke endorses the School Board Legislative Program III its entirety and
incorporates it into the City's Legislative Program.
3
Le!!.islatiou the City Would Support
TransDominion Express
The City of Roanoke supports the proposal to extend passenger rail service from Bristol through
Roanoke and on to Lynchburg and then to Washington, D.C. and Richmond, VA. Roanoke is the
largest city in Virginia without passenger rail service. The 2000 General Assembly provided $9
million in preliminary funding for this important economic development initiative. The City
supports the additional State funding necessary to place the service into operation.
Access to VCIN for Parkin!!. Ticket Enforcement
The City supports legislation to slightly broaden local govemment access to the Virginia Criminal
Information Network (VCIN). This is needed to obtain the name and address of ticketed drivers
from out-of-state so they can be required to pay their parking tickets. In Roanoke, the Director of
Finance, who is responsible for collecting on these tickets, does not fall under the current definition
of local officials who are authorized by the Virginia Code to have such access. Section 46.2-100
should be amended to include Directors of Finance.
Service of Civil Process Fees
Roanoke supports legislation to allow the City to keep the revenue it receives from the fees paid
when civil process papers are served by the Sheriffs office. Section 15.2-1609.3 requires that any
amounts collected "in excess of such fees received in fiscal year 1994" be remitted to the State
Treasurer. Such fees are more appropriately retained by the locality.
Jail Fundin!!. Formula
The formula that allows the state to recover personnel costs when local jails house federal inmates
should be modified to more appropriately reflect the costs to localities of housing these prisoners.
Bli!!.ht Related Remedies
The City of Roanoke supports several important remedies to the problem of urban blight:
. The State should streamline the legal process applicable to sale of properties on which
delinquent taxes are owed so that these properties can be transferred to responsible
ownership more expeditiously and less expensively; or in the absence of this, the State
should allow localities to sell real estate tax lien certificates as done in some other states.
. The City supports legislation to allow eligible projects in enterprise zones to consist of up to
80 percent residential use.
. The State should delete the requirement in the enterprise zone real property investment tax
credit that the owner or tenant receiving the credit actually conduct business on the property.
Re!!.ional Competitiveness Act Fundin!!:
In the past, this State funding primarily supports workforce development efforts to strengthen the
region's competitiveness. Additional funding by the State of this program is recommended.
4
Aircraft Taxation and Incentives
The City of Roanoke supports tax incentives that would provide encouragement for aircraft to be
located at Virginia airports. Section 58.1-1500 of the State Code should be amended to reduce the
State's tax on the sale of aircraft in the Conunonwealth. Any reduction in revenues should be
replaced with State general fund dollars.
Telecommunications Tax Collections
Localities are losing tax revenues provided for under existiug law from teleconununications fIrms
that begin new service in a locality but never notify that locality that they are operating. The City
supports legislation to require each teleconununications company to notify each locality that they
are doing business in that locality. Additionally, some types of telephone services, such as prepaid
cellular services and telephone cards, are not taxed or are not taxed on the same basis as other
telephone services. Some equitable way of assessing the required tax on mobile teleconununications
($3.00 or ten percent of the fIrst $30.00) should be fOlUld, such as imposing the tax on whatever
entity wholesales such services or cards to retailers. Roanoke also supports an amendment to the
Code of Virginia to clarify that the City can impose a late payment penalty and disallow the
collection fee/discolUlt for late payment of local taxes by utilities collecting the Consumer Utility
Tax, E-911 tax and other taxes.
Policv Positions
Commissions to Studv Local Government Needs
The legislature is conducting studies concerning State and local tax structure. In recent years,
numerous studies have been conducted that have provided useful information. The Conunission on
the Future of Virginia's Cities and The State and Local Tax Structure Commission have identifIed
issues and developed reconunendations that have not been implemented. Roanoke recognizes the
need for review of these important issues but urges that useful results of the studies actually be
implemented by the legislature so their benefIts will fInally be realized.
State Support for Cultural Aeencies and Activities
Institutions such as the Center in the Square and its constituent agencies, the Virginia Museum of
Transportation, and the Conunonwealth Games all attract tourists to the region and help support the
economy. City COlUlcil is appreciative of the legislature's partial funding of regional cultural
institutions and regional events in previous years. The State is encouraged to develop a policy that
ensures stable funding for these agencies. Additionally, a regional funding mechanism is needed to
provide a source of funding for environmental, entertainment, and cultural assets. The City supports
legislation that would allow for the development of funding from regional resources for cultural,
historic, and recreation amenities such as a Blue Ridge Asset District.
Mental Health Fundine
The State should expand its scope of mental health services to include those with traumatic brain
injuries. The State should provide additional funding to operate a comprehensive mental health
facility in the western part of the State. Such facilities already operate in at least two other parts of
the State, but not in the southwestern region of Virginia. The City supports line item funding in the
State budget for "Brain Injury Services of Southwest Virginia". Additionally, special consideration
should be given to meeting mental health needs that falllUlder the jurisdiction of the court system.
5
Transportation (Includin!!: Mass Transit) Fundin!!:
Adequate funding, especially that for mass transit, is critical to keep Virginia's transportation
system viable. In addressing transportation needs, the General Assembly should consider:
adjusting fund sources such as the motor fuels tax, to keep pace with inflation; imposing moderate
increases in state transportation-related taxes and fees; authorizing more options for long-term
financing for major projects; authorizing the creation of regional transportation districts; seeking
equity among various road users by ensuring that trucks pay their proportionate share of road costs
and promoting mass transit solutions on a regional and statewide basis.
Standards for Adult Homes
The State should raise its standards for adult homes to more fully reflect the care needed for this
population segment. Additionally, the State should improve funding for adult homes, particularly
for indigent care.
Zonin!!: Districts
Roanoke opposes any legislation that would restrict present land use powers oflocal governments to
establish, modify and enforce zoning classifications. Local governments should remain free to adopt
and enforce zoning changes that address local land use needs. The City opposes any legislation that
would limit local government regulation of historic zoning districts and its ability to accept
proffered conditions in rezonings that relate to building features and materials.
Redevelopment Initiatives
The City of Roanoke opposes further restrictions on eminent domain powers of State and local
governments.
General Policy Considerations
The Federal and State governments should recognize that local governments are the best vehicles
for the delivery of many services to the public because local governments are closest to the people
and the most responsive. Roanoke remains concerned with the cumulative effect of Federal and
State legislative and regulatory mandates that have stressed the serious financial problems of local
govemments. It is essential that the State fully fund all State mandates, including public employee
salaries.
Roanoke is vitally concerned over the continued erosion of local revenue sources. The General
Assembly is urged to leave the taxing authority and revenue sources of local govemments alone.
Additionally, the State should pay a greater share of the costs of education and other essential
services.
City Council calls upon the Governor and the General Assembly to develop an economic
development strategy for the Commonwealth and its local governments. The strate!,'Y should
include special programs for those areas west of the Blue Ridge mountains and central cities across
the Commonwealth. Tourism and convention activities that enhance the economic well being of the
State and its political subdivisions should be recognized as legitimate components of economic
development.
6
ROANOKE CITY PUBLIC SCHOOLS
LEGISLATIVE PROGRAM--FY2004-2006 BIENNIUM
State Lel!:islative Issues
The most recent PDK/Gallup Poll indicates that the general public believes: "the biggest
problem facing public education is the lack of financial support/funding/money". The Joint
Legislative Review and Audit Commission (JLARC) study completed in 2001 confirmed the
State's lack of financial support for public education in Virginia. The study estimated that about
$535 million was required from the State to meet its responsibilities under the Constitution of
Virginia for funding public education.
During the summer of 2003 the State Board of Education adopted a series of recommendations
for bringing the Standards of Quality (SOQ) into line with many of the prevailing educational
practices that were identified in the JLARC study as requiring additional State funding. The
estimated cost of implementing the State Board's recommendations is $324 million.
In addition to these recommended enhancements to the Standards of Quality, the State
historically has updated the cost of meeting the current Standards of Quality at the start of each
biennium. For the FY2004-06 Biennium the updating of the Standards of Quality costs $525
million. The process, known as rebenchmarking, adjusts the cost of meeting the Standards of
Quality for increases in teacher and employee salaries, inflation, and student emollment. Without
rebenchmarking the Standards of Quality would remain at the cost level established for the last
biennium.
Schools' Lel!:islative Prol!:ram
The Roanoke City School Board and Superintendent have established high expectations
and standards for schools and students. The objectives include: 1) Improving student
achievement and focusing on student reading skills; 2) Increasing the student attendance rate; 3)
Improving physical education scores on the State test; 4) Decreasing the student drop-out rate; 5)
Increasing staff accountability for student performance; and 6) Improving the competitiveness of
employee salaries.
For FY2003-04 a total of 16 Roanoke City schools have met the new State accreditation
standards. The Roanoke Valley's legislative team is to be commended for its exceptional work
during the last three biennia in securing additional State funding for education that is greatly
assisting the City Schools in our initiatives to meet rigorous State standards.
The Roanoke City School Board has adopted three major legislative priorities for the next
biennium. The priorities require the State to accomplish the following actions:
1. To rebenchmark the Standards of Quality in order to meet increased costs for
teacher and employee salaries, inflation, and student enrollment.
7
2. To fund the cost of meeting the improvements to the Standards of Quality as
recommended by the State Board of Education.
3. To enhance the State's support of school capital outlay projects through a
permanent funding source for school construction and debt service requirements that will
fund 55% of school construction needs over the next five years.
The Governor and General Assembly have said that public education is a priority in the
Commonwealth; however, State funding for education has declined from slightly more than 50%
of the total State budget for the 1976-78 Biennium to about 32% of the State budget during the
current Biennium. Both the 2001 JLARC study and recent recommendations of the State Board
of Education recognize the importance to public education in Virginia of increasing funding for
both the current Standards of Quality and prevailing educational practices necessary to meet the
Standards of Accreditation.
Priority 1 - Rebenchmarking: The General Assembly should provide increased funding for
the rebenchmarking of the Standards of Quality as has been historically enacted for previous
biennia. Rebenchmarking will provide at least $525 million for the increase in Standards of
Quality costs that have occurred during the past two years in local school divisions as the result
of teacher and employee salary raises, inflation, and student enrollment. The City Schools would
receive about $1.5 million in additional funds from the rebenchmarking of the Standards of
Quality.
Priority 2 - SOQ Improvements: An additional $324 million should be provided by the
General Assembly for the improvement of the Standards of Quality as recommended by the State
Board of Education. The changes to the Standards of Quality recommended by the Board
include:
One Full-Time Principal for All Elementary Schools.
One Full-Time Assistant Principal For Every 400 Students.
Minimum of Three Periods Per Week for Elementary Students of Art, Music, and Physical
Education Instruction Which Requires the State to Fund an Additional Five Teacher Positions
per 1,000 students.
Two School Technology Positions per 1,000 Students.
Addition of Planning Period for Secondary Teachers.
Addition of Funding Support for Prevention, Intervention, and Remediation Based on One
Additional Hour of Instruction per Day for Identified Students.
Caseload Requirement for Speech-Language Pathologist of 60 Students.
8
The adoption of the new Standards of Quality would generate about $4.4 million in new
State funding for Roanoke City. But it would require only $2.1 million in additional school
expenditures since the City Schools already fund many of the SOQ recommendations with local
funds. The net effect would be an increase in State revenue of $2.3 million after adjustment for
the required new expenditures.
Priority 3 - School Construction Costs: Statewide, over $6.6 billion in school capital
requirements exists with only about $4.0 billion available to meet these needs. The General
Assembly should adopt legislation to create an education infrastructure trust fund to finance
direct grants for school construction needs. The trust fund should fund at least 55% of school
construction requirements over the next five years.
The result would be for the State to provide about $3.3 million in additional funding to
meet the City Schools' debt service requirement of $8.0 million by FY2009. A total of $1.1
million in State Lottery and School Construction funds is being provided in FY2003-04 for the
City Schools' debt service needs and this funding should be continued. The majority of the $8.0
million debt service requirement is needed for the replacement cost of Patrick Henry and
William Fleming High Schools.
Other Legislative Issues
School Funding - Funding issues not addressed by the revised Standards of Quality include:
Average Teacher Salarv - The State Basic Aid formula for average teacher salaries should use
the national average for teacher salaries as the basis for teacher salary cost rather than using the
prevailing average for the State.
School Nurses - Roanoke City now employees 12.5 FTE school nurses with local funds. The
State should fund student health related services on the basis of one nurse for every 1,000 pupils
in membership.
Preschool Programs - The State should fund preschool programs at a level that serves 100% of
the eligible preschool age population rather than 60% of the eligible preschool age population.
Truancv Programs - Visiting teachers must be included in the Standards of Quality since they are
essential to Roanoke City's truancy prevention programs.
Alternative Education - State funds provide support for only 10% of the program's cost. The
remaining costs amounting to $1.3 million are funded by the school district. A minimum of 55%
ofthe cost should be provided by the State.
School Resource Officers - The Standards of Quality should include School Resource Officer
(SRO) positions based on a ratio one SRO for every 500 secondary students.
School Securitv Equipment - No funds are provided from the State for school security equipment
(e.g., video monitors, metal detectors, and radios). The State should provide a minimum of $15
per pupil for the purchase of such equipment.
Literarv Fund - The funding capacity of the Literary Fund must be restored and protected over
the next two BielU1ia in order that additional capital funds may be loaned to localities.
9
Employee Recruitment - Most school districts in the State have experienced severe problems in
the recruitment of teachers and school principals. The State should provide incentive funds to
attract and retain teachers and principals. The incentives would include:
Scholarships for instructional aides and other support personnel who wish to obtain a teaching
degree.
Internships for high school and college students to acquaint them with teaching as a profession.
Pay differentials for teachers and principals working in schools with a high percentage of at risk
students.
Financial incentives for new teachers including relocation and signing bonuses, interest free
loans for home purchase, and tax exemptions for teachers and principals working in schools
located in economic enterprise zones.
School Governance - Local control and flexibility in school operations is a priority for school
boards if the State expects accountability standards to be meaningful and achievable by schools
and students. Such flexibility involves management of school finances without mandates to
relinquish control to the local governing body. Governance issues of legislative concern during
the next legislative session include the following:
The local school board should have control over the school calendar and the opening and closing
dates for the school year.
The present system of State waivers for school accreditation standards should be continued.
Local school boards must maintain control over the establishment and operation of charter
schools as provided for in legislation adopted during the previous Biennium.
Drug testing of students and school personnel should be a local option and not mandated by the
State.
Local school boards should retain the right to regulate the use of non-prescription drugs by
students on school property.
The State should not provide tax credits to parents of children enrolled in private schools or tax
credits for donations to fund scholarships for the attendance of children at private schools.
Governor's School Program - A total of 15 academic-year Governor's Schools now exist. It is
imperative that the State continue to increase per pupil funding for the Governor's Schools at an
annual rate of increase equivalent to the annual rate of increase in per pupil cost as computed for
the State Standards of Quality.
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
November 20, 2003
File #467
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36544-111703 amending and reordaining certain
sections of the 2003-2004 School and School Food Service Funds Appropriations, as
follows:
· $142,174.00 from the 2003-2004 Capital Maintenance and Equipment Replacement
Fund to provide monies for various equipment/replacement; and
· $97,429.00 for the Title I School Improvement Program at the Roanoke Academy
for Mathematics and Science.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 17, 2003, and is in full force and
effect upon its passage.
Sincerely, /J
~~ /. {/a., t..v-
Mary F. Parker, CMC
City Clerk
MFP:ew
Jesse A. Hall
November 20, 2003
Page 2
pc: Darlene L. Burcham, City Manager
Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke,
Virginia 24031
Sherman M. Stovall, Acting Director, Office of Management and Budget
~')
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2003.
No. 36544-111703.
AN ORDINANCE to appropriate funding for equipment from the Capital
Maintenance and Equipment Replacement Program (CMERP) and the School Food
Service Fund fund balance, and to appropriate a federal grant, amending and reordaining
certain sections of the 2003-2004 School and School Food Service 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 the following
sections of the 2003-2004 School and School Food Service Funds Appropriations be, and
the same are hereby, amended and reordained to read and provide as follows:
School Fund
Appropriations
Machinery & Equipment 030-065-6006-6009-0801 $ 9,700
Machinery & Equipment 030-065-6006-6106-0821 3,881
Machinery & Equipment 030-065-6006-6100-0821 43,189
Construction Vehicle &
Equipment 030-065-6006-6302-0806 11 ,228
Machinery & Equipment 030-065-6006-6307-0821 2,298
Machinery & Equipment 030-065-6006-6681-0821 18,482
Furniture & Fixtures 030-065-6006-6681-0822 128
Motor Vehicles & Equipment 030-065-6006-6684-0804 7,500
Supplements 030-061-6117-6000-0129 40,000
Social Security 030-061-6117-6000-0201 3,129
Field Trips 030-061-6117-6000-0583 22,000
Testing/ Evaluating/
Disseminating 030-061-6117-6000-0584 20,000
Food 030-061-6117-6000-0602 4,800
Educational &
Recreational Supplies 030-061-6117-6000-0614 7,500
Revenues
Federal Grant Receipts 030-061-6117 -1102 97,429
Fund Balance
Reserved for CMERP - School 030-3324 (96,406)
School Food Service Fund
Appropriations
Machinery & Equipment
Motor Vehicles & Equipment
Fund Balance
Unappropriated Fund Balance
032-065-6006-6788-0821
032-065-6006-6788-0824
032-3325
11 ,230
34,538
(45,768)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEh "'""l }. ~
City Clerk.
t~.
Gloria P. Manns, Chairman
Ruth C. Willson, Vice Chairman
William H. Lindsey
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
Roonol~e
City School Boord P.O. Box 13145, Roanoke, Virginia 24031 . 540-853-2381 . Fax: 540-853-2951
November 17, 2003
The Honorable Ralph K. Smith, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its November 10
meeting, the Board respectfully requests City Council to approve the
following appropriations and transfers:
· $142,174.00 from the 2003-04 Capital Maintenance and
Equipment Replacement Fund to provide monies for musical
instrument replacement, physical education equipment, health
equipment, instructional technology equipment, administrative
technology equipment, Magnet School technology equipment,
facility maintenance equipment, custodial equipment, site-based
furniture, maintenance vehicle replacement, food service
equipment, and food service vehicle replacement.
· $97,429.00 for the Title I School Improvement program at
Roanoke Academy for Mathematics and Science. The funds will
aid the division in its effort to provide strategies to increase
student learning at schools with a high percentage of free lunch
students. The continuing program is one hundred percent
reimbursed by federal funds.
Thank you for your attention to this request.
Sincerely,
~-ff-.-L.~
Cindy H.{ee, Clerk
re
cc:
Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Mr. Jim Wells (with accounting
details)
Discovering the Wealth in All Children
"' <
*1" .-"
i' -...41" .....".:'~"
, '....,~l . _:_' '~'
, """r. ,~"
"~~'-~*~~!~".'~e -:'.
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
cmail: ann~shawvcr@Ci.roanoke.va.us
JESSE A. HALL
Director of Finance
cmail: jessc_hlll@Ci.roanoke.va.us
November 17, 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:
We have reviewed the attached request to appropriate funding for the School Board. This report will
appropriate the following:
. $96,406 from the 2003-04 Capital Maintenance and Equipment Replacement Fund and
$45,768 from the School Food Service Fund fund balance to provide monies for
musical instrument replacement, physical education equipment, health equipment,
instructional technology equipment, administrative technology equipment, Magnet
School technology equipment, facility maintenance equipment, custodial equipment,
site-based furniture, maintenance vehicle replacement, food service equipment, and
food service vehicle replacement.
. $97,429 for the Title I School Improvement program at Roanoke Academy for
strategies to increase student learning at schools with a high percentage of free lunch
students. The continuing program is one hundred percent reimbursed by federal funds.
I recommend that you concur with this report of the School Board and adopt the attached budget
ordinance to appropriate funding as outlined above.
Sincerely,
C}}~. ,4, I~~
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 ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 1-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanokc.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
November 20, 2003
File #467-329
Gloria P. Manns, Chair
Roanoke City School Board
1727 Staunton Avenue, N. W.
Roanoke, Virginia 24017
Dear Ms. Manns:
I am enclosing copy of Resolution No. 36545-111703 authorizing the School Board for the
City of Roanoke to make application for a loan of $3.1 million from the State Literary Fund
for adding to and modernizing Wests ide Elementary School.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 17, 2003, and is in full force and
effect upon its passage.
Sincerely, /J
h 1 r A....J- Co
, ,.,~, f 7'
Mary F. Parker, CMC
City Clerk
MFP:ew
Gloria P. Manns
November 20, 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
Sherman M. Stovall, Acting Director, Office of Management and Budget
{/fJ
(0..
IN THE COUNCn. OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2003.
No. 36545-111703.
A RESOLUTION authorizing the School Board for the City of Roanoke to make application
for a loan from the State Literary Fund for adding to and modernizing Westside Elementary School.
WHEREAS, the School Board for the City of Roanoke, on the 17th day of November, 2003,
presented to this Council an application addressed to the State Board of Education ofVrrginia for the
purpose of borrowing from the Literary Fund $3.1 million, for improving the present school building
at the Westside Elementary School, to be paid in twenty (20) annual installments, and the interest
thereon at three percent (3%) paid annually.
BE IT RESOLVED that the application of the City School Board to the State Board of
Education of Virginia for a loan of$3.1 million from the Literary Fund is hereby APPROVED, and
authority is hereby granted the said City School Board to borrow the said amount for the purpose set
out in said application.
The Council of the City of Roanoke will each year during the life of this loan, at the time it
fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for
appropriation expenses and to pay this loan in annual installments and the interest thereon, as required
by law regulating loans from the Literary Fund.
A~
J.~-
ATTEST:
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
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
November 20, 2003
File #467-329
Gloria P. Manns, Chair
Roanoke City School Board
1727 Staunton Avenue, N. W.
Roanoke, Virginia 24017
Dear Ms. Manns:
I am enclosing copy of Resolution No. 36546-111703 authorizing the School Board for the
City of Roanoke to expend funds for improving the present school building at Westside
Elementary School and declaring the City's intent to borrow to fund or reimburse such
expenditures.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 17, 2003, and is in full force and
effect upon its passage.
Sincerely, /J
A ~ .J. (./ w..k~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Gloria P. Manns
November 20, 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
Sherman M. Stovall, Acting Director, Office of Management and Budget
. ^
(/iJ
Ib
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2003.
No. 36546-111703.
A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for
improving the present school building at Westside Elementary School and declaring the City's intent
to borrow to fund or reimburse such expenditures.
BE IT RESOL YED by the Council of the City of Roanoke that:
1. The School Board of the City of Roanoke is authorized to expend out of the City's
capital improvement fund up to $3.1 million for the cost of improving the present school building at
Westside Elementary School ("the Project").
2. In accordance with U. S. Treasury Regulations ~ 1.150-2, it is hereby declared that the
City reasonably expects to reimburse capital expenditures and bond issuance costs for the Project
with proceeds of an obligation or obligations to be incurred by the School Board and/or the City. The
maximum principal amount of debt expected to be issued for the Project is $3.1 million.
3. This is a declaration of official intent under Treasury Regulation ~ 1.150-2.
ATTEST: ~
A~ J. rAJu
City Clerk.
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 2401 1-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E~mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
November 20, 2003
File #467-329
Gloria P. Manns, Chair
Roanoke City School Board
1727 Staunton Avenue, N. W.
Roanoke, Virginia 24017
Dear Ms. Manns:
I am enclosing GOPy of Resolution No. 36547-111703 authorizing the School Board for the
City of Roanoke to make application for a loan in the amount of $1.6 million from the State
Literary Fund for modernizing Fallon Park Elementary School.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 17, 2003, and is in full force and
effect upon its passage.
Sincerely, /J
n~J.r~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Gloria P. Manns
November 20, 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
Sherman M. Stovall, Acting Director, Office of Management and Budget
Il-fJ
.:l,o.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2003.
No. 36547-111703.
A RESOLUTION authorizing the School Board for the City of Roanoke to make application
for a loan from the State Literary Fund for modernizing Fallon Park Elementary School.
WHEREAS, the School Board for the City of Roanoke, on the 17th day ofNovernber, 2003,
presented to this Council an application addressed to the State Board of Education of Virginia for the
purpose of borrowing from the Literary Fund $1.6 million, for improving the present school building
at the Fallon Park Elementary School, to be paid in twenty (20) annual installments, and the interest
thereon at three percent (3%) paid annually.
BE IT RESOLVED that the application of the City School Board to the State Board of
Education of Virginia for a loan of$I.6 million from the Literary Fund is hereby APPROVED, and
authority is hereby granted the said City School Board to borrow the said amount for the purpose set
out in said application.
The Council of the City of Roanoke will each year during the life of this loan, at the time it
fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for
appropriation expenses and to pay this loan in annual installments and the interest thereon, as required
by law regulating loans from the Literary Fund.
~~
J. (lj,'~
ATTEST:
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
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER. CMC
City Clerk
November 20,2003
File #467-329
Gloria P. Manns, Chair
Roanoke City School Board
1727 Staunton Avenue, N. W.
Roanoke, Virginia 24017
Dear Ms. Manns:
I am enclosing copy of Resolution No. 36548-111703 authorizing the School Board for the
City of Roanoke to expend funds for improving the present school building at Fallon Park
Elementary School and declaring the City's intent to borrow to fund or reimburse such
expenditures.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 17, 2003, and is in full force and
effect upon its passage.
Sincerely, n
~~ l. V~.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Gloria P. Manns
November 20, 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
Sherman M. Stovall, Acting Director, Office of Management and Budget
( IdJ
Ol.b
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2003.
No. 36548-111703.
A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for
improving the present school building at Fallon Park Elementary School and declaring the City's
intent to borrow to fund or reimburse such expenditures.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The School Board of the City of Roanoke is authorized to expend out of the City's
capital improvement fund up to $1.6 million for the cost of improving the present school building at
Fallon Park Elementary School ("the Project").
2. In accordance with U. S. Treasury Regulations ~1.150-2, it is hereby declared that the
City reasonably expects to reimburse capital expenditures and bond issuance costs for the Project
with proceeds of an obligation or obligations to be incurred by the School Board and/or the City. The
maximum principal amount of debt expected to be issued for the Project is $1.6 million.
3. This is a declaration of official intent under Treasury Regulation ~ 1.150-2.
ATTEST:
A
I, fL~~-
~
City Clerk.
t~.
Gloria P. Manns, Chairman
Ruth C. Willson, Vice Chairman
William H. Lindsey
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
Roonol~e
City School Boord P.O. Box 13145, Roanoke, Virginia 24031 . 540-853-2381 . Fax: 540-853-2951
November 17, 2003
The Honorable Ralph K. Smith, Mayor
And Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its November 10
meeting, the Board respectfully requests City Council to approve a
State Literary Fund loan application in the amount of $3.1 million for
improvements to Westside Elementary School. The loan application
includes a resolution for architectural supervision. The debt service on
the loan will increase the Board's debt service expenditure by
$248,000 commencing in FY200S-06, but no debt service liability is
incurred until funds are drawn against the loan account.
The Board appreciates the approval of this request.
Sincerely,
~-H-.~
Cindy H. Lee, Clerk
re
Enc.
cc: Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Discovering the Weolth in All Children
..
.
VA 005 1/99
No.
APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
Name of School Wests i de El ementary Schnol
Name ofX:X>)(OO:y-City
ROilnnkp
TO THE STATE BOARD OF EDUCATION,
Richmond, Virginia:
,
Gentlemen:
The School Board for the ~j@y-Cily of
Rnrlnnkp
hereby makes application for a
loan of $ 3. 1 mill i nn from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering
(making permanent improvement to) a school building located at 1441 WP,t, i riP R 1 vri , NW as follows:
(Describe briefly) Roanokp VA 74017
1. The said building, addition, or permanent improvement described above, to be of
Brick
(Type of construction, brick. frame, etc.)
will be used as a
Elementarv
(Elem., H. S., Comb. Eiem. & H.S.)
building, and is estimated to cost $ 3.1 mi 1 I ion
2. The lotal estimated value of the existing school plant, including site. plus the proposed building addition, or permanent
improvement thereto, is $ 5, 1 77 , 1 70 00
3. There is at present a loan from the Literary Fund on this
Westside
(Building or school plant)
in the amount
of $ -0-
4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement thereto, and site, on
aCCotUlt of which such loan is made.
5. The site on which this building, addition, or permanent improvement, will be located contains 14a 2 acres, of which
14 ? acres are well suited and useable, or can be easily improved and made useable, for playground and
recreational purposes.
6. The plans and specifications for the building or improvement, complying with Minimum School Building Requirements, have been
or will be approved by the division superintendent of schools and the Superintendent of Public Instruction before construction is
begun. It is understood that the State Board of Education reserves the right to withhold any part or all of the amount of this loan, if the
plans and specifications approved by the Superintendent of Public Ins1ruction are not followed.
.
,
7. The pro'posed building addition, or permanent improvement, is desirable because: (Explain briefly)
AdditIon of ten' classrooms; replacement of exterior windows, HVAC units, classroom
I ighti no and exterior dC).ors; i1nd uoorade i'i re al arm, intercom, and phone Systems.
8. The presenl lotal mdebteiliiess 0 the ~X')!'Y-City Tor ;cllool DuildingSls $;1 599 019 00 Mwnlch
$6 . 41 0 . 000 . 00 is owed to the LIterary Fund. ' , .
9. This <X~-City has not defaulted or failed to meet its debt service obligations as and when due for the five years except, as
follows: Non!'
10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the provisions of
"Minimum Requirements and Standards for School Buildings," Regulations State Board of Education;'
11. The building or improvement for which this application for a loan is made is part of a long-range planning program in accordance
with the provisions of "Minimum Requirements and Standards for School Buildings,11 Regulations State Board of Education, and is
recommended in the study or survey made by (give title and date)
Five-Year Capital Improvement Fund. FY2004-08
12. This loan is to be made for 20
5."
years, and is to be paid in 20
5."
annual installments, with interest at the rate
of ~ per centum per annum, payable annually.
13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application agreed to
provide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Literary Fund and, for
at least two years immediately before this loan, has not been more than six months in default in the payment of interest due on any
loan from the Literary Fund.
Given under my hand this the
day of
,19_
THE SCHOOL BOARD OF
County-City
By
, Chairman
ATTEST:
,Clerk
SEAL
t~.
Gloria P. Manns, Chairman
Ruth C. Willson, Vice Chairman
William H. Lindsey
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
Roonol~e
City Schooll3oord P.O. Box 13145, Roanoke, Virginia 24031 . 540-853-2381 . Fax: 540-853-2951
November 17, 2003
The Honorable Ralph K. Smith, Mayor
And Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its November 10
meeting, the Board respectfully requests City Council to approve a
State Literary Fund loan application in the amount of $1.6 million for
improvements to Fallon Park Elementary School. The loan application
includes a resolution for architectural supervision. The debt service on
the loan will increase the Board's debt service expenditure by
$128,000 commencing in FY2005-06, but no debt service liability is
incurred until funds are drawn against the loan account.
The Board appreciates the approval of this request.
Sincerely,
~+t.k
Cindy H. Lee, Clerk
re
Ene.
cc: Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Discovering the Wealth in All Children
..
VA 005 1/99
No.
APPLICA nON FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
Name of School F~ 11 nn P~rk Fl pmpnt~ry S"hnnl
Name of CX>>>ll<<'-City
Roannkf"
TO THE STATE BOARD OF EDUCATION.
Richmond, Virginia:
,
Gentlemen:
The School Board for the ~)ll(ly-City of
Rn;:mnk,:l
hereby makes application for a
loan 0[$ 1 Fi mi 11 ; nn from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering
(making permanent improvement to) a school building located at r;o? Ni n~tj:::lpnth Strppt, SF as follows:
(Describe briefly) Roannke VA ::>4013
1. The said building, addition, or permanent improvement described above, to be of
Rrkk
(Type of construction, brick., frame, etc.)
will be used as a
Elementary
(Elem.. H. S.. Cemb. Elem. & H-S.)
2. The total estimated value of the existing school plant. including site, ptus the proposed building addition, or permanent
improvement thereto, is $ "l, QIl? ,IlIlQ
building, and is estimated to cost $
1.6 million
3. There is at present a loan from the Literary Fund on this
Fallon Park
(Building or school plant)
in the amount
of$
-0-
4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement thereto, and site, on
accoWlt of which such loan is made.
5. The site on which this building, addition, or pennanent improvement, will be located contains '3 acres, of which
3 acres are well suited and useable, or can be easily improved and made useable, for playground and
recreational purposes.
6. The plans and specifications for the building or improvement, complying with Minimum School Building Requirements, have been
or will be approved by the division superintendent of schools and the Superintendent of Public Instruction before construction is
begun. It is understood that the State Board of Education reserves the right to withhold any part or all of the amount of this loan, if the
plans and specifications approved by the Superintendent of Public Instruction are not followed.
..
7. The proposed building, addition, or pennanent improvement, is desirable because: (Explain briefly)
New rooftop HVAC. new electrical service. uodate fire alarm svstem. and replace
water heaters.
8. The present total indebtedness oftbe ~~-City for school buildings is ~fi4. <;QQ .01 Q 00 of which
$6 , 41 0 ,000 00 is owed to the Literary Fund.
9. This County-City has not defaulted or failed to meet its debt service obligations as and when due for the five years except, as
follows: None
10. Adequate and satisfactory supervision of construction will be provided by the school board in accopiance with the provisions of
"Minimum Requirements and Standards for School Buildings," Regulations State Board of Educatioo;'
11. The building or improvement for which this application for a loan is made is part of a long-range planning program in accordance
with the provisions of "Minimum Requirements and Standards for School Buildings, II Regulations State Board of Education, and is
recommended in the study or survey made hy (give title and dote)
Five-Year Capital Imorovement Plan. FY2004-08
12. This loan is to be made for 20
5."
Years, and is to be paid in
20
5."
annual installments, with interest at the rate
of ~ per centum per annum. payable annually.
13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application agreed to
provide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Literary Fund and, for
at least two years immediately before this loan, has not been more than six months in default in the payment of interest due on any
loan from the Literary Fund.
Gi yen under my hand this the
day of
,19_
THE SCHOOL BOARD OF
County-City
By
, Chairman
ATTEST:
,Clerk
SEAL
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church A venue, 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_shawver@ci.roanoke.va.us
JESSE A. HALL
Director or Finance
email: jClllSCl_hall@Ci.roanoke.va.us
November 17, 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: Literary Fund Loan - Fallon Park and Wests ide Elementary Schools
Included in the adopted Capital Improvement Program for fiscal years 2004 - 2008 is funding of $5.0
million for improvements to Fallon Park and Wests ide Elementary Schools. Funding for the
improvements are to be provided by the Schools using the most financially advantageous
combination of general obligation public improvement bonds, Virginia Public School Authority
(VPSA) Bonds, and Literary Fund loans. Literary Fund loans are advantageous due to the low 3%
interest rate which may be obtained.
The attached recommendation from the School Board requests City Council's approval of State
Literary Fund loan applications in the amount of $1.6 million and $3.1 million for the Fallon Park and
Westside Elementary School Projects, respectively. This will result in debt service of approximately
$128,000 and $248,000, respectively, commencing in FY 2005-06. Funding for this debt service will
be provided by the Schools.
We concur in this request of the School Board, and recommend approval of these loan applications.
Respectfully submitted,
L~#t 11. W
1/
Jesse A. Hall
Director of Finance
Attachment
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 ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 18, 2003
File #24-107-51
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36549-111703 amending and reordaining 936.1-445,
Additional sign regulations, Division 3, Sign Regulations, Article IV, Supplementary
Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as
amended, by amending subsection (c) to permit roof signs within the H-1 Historic District,
under certain conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 17, 2003.
Sincerely, ~
~ "-0 j tt. A~_
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
November 19, 2003
Page 2
pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable Francis W. Burkart, III, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District
Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District
Court
Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to
Municipal Code Corporation)
Municipal Code Corporation, P. O. Box 2235, 1700 Capital Circle, S. W.,
Tallahassee, Florida 32316
Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia
24011
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Peggy B. Stewart, Office of the Magistrate
Lora A. Wilson, Law Librarian
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W. Roanoke, Virginia 24014
David A. Diaz, President, Downtown Roanoke, Inc., 213 Market Street, S. W.,
Roanoke, Virginia 24011
~~.
\~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of November, 2003.
No. 36549-111703.
AN ORDINANCE amending and reordaining 936.1-445, Additional sign regulations.
Division 3, Sign Regulations, Article IV, Supplementary Regulations, of Chapter 36.1,
Zoning, ofthe Code of the City of Roanoke (1979), as amended, by amending subsection (c)
to permit roof signs within the H-l Historic District under certain conditions; 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 36.1-445, Additional sign regulations, Division 3, Sign Regulations,
Article IV, Supplementarv Regulations, of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained, by amending subsection
(c), to read and provide as follows:
Sec. 36.1-445. Additional sign regulations.
In all districts, the following additional sign regulations shall be applicable:
* * *
(c) Roof signs are prohibited in all districts, except for existing roof
signs located or relocated within the H- J Historic District, and that roof signs
identifying a business on the premises where such sign may be erected when
the topography of the land would preclude vision of permitted ground or wall
signs from automobiles on nearby primary streets or highways serving the
business, provided that under no circumstances shall any roof sign cause a
structure to exceed the maximum height permitted in the particular district.
***
r. rA.~;~llep.36.1-445(c)
~~!
~\\
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
ofthis ordinance by title is hereby dispensed with.
ATTEST: ;J
~ ~ j. r~L<-
City Clerk.
O-CA-SignRegs36.1-445( c)
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church A venue, S. W., Room 456
Roanoke. Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@cLroanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER. CMC
City Clerk
November 21,2003
File #15-110-207
Mr. Louis O. Brown
303 - Brittany Lane
Salem, Virginia 24153
Dear Mr. Brown:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 17, 2003, you were appointed as a member of the Advisory Board of Human
Services, for a term ending November 30,2007.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Mr. Louis O. Brown
November 21 , 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve the City of Roanoke as a member of the Advisory Board of
Human Services.
A~lP~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc: Teresa I. McDaniel, Secretary
Stephanie M. Moon, Deputy City Clerk
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council
which was held on the seventeenth day of November, 2003, LOUIS O. BROWN was
appointed as a member of the Advisory Board of Human Services for a term ending
November 30,2007.
Given under my hand and the Seal of the City of Roanoke this twenty-first day of
November, 2003.
/A -. -J e<-~
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church A venue. S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E.mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER. CMC
City Clerk
November 21, 2003
File #15-110-207
Mr. H. Clarke (Duke) Curtis
1309 Gilford Avenue, N. W.
Roanoke, Virginia 24017
Dear Mr. Curtis:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 17, 2003, you were appointed as a member of the Human Services Committee,
for a term ending June 30, 2004.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Mr. H. Clarke (Duke) Curtis
November 21, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve the City of Roanoke as a member of the Human Services
Committee.
Sincerely, ~
^~ }. ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc: Teresa I. McDaniel, Secretary
Stephanie M. Moon, Deputy City Clerk
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the seventeenth day of November, 2003, H. CLARKE (DUKE) CURTIS was
appointed as a member of the Human Services Committee for a term ending
June 30, 2004.
Given under my hand and the Seal of the City of Roanoke this twenty-first day of
November, 2003.
/h.... J~
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: c1erk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk:
MARY F. PARKER. CMC
City Clerk
November 21,2003
File #15-110-207
Ms. Terri R. Jones
3303 One Oak Road, S. W.
Roanoke, Virginia 24018
Dear Ms. Jones:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 17, 2003, you were appointed as a member of the Roanoke Arts Commission,
to fill the unexpired term of Michael Brennan, ending June 30, 2004.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Ms. Terri R. Jones
November 21, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve the City of Roanoke as a member of the Roanoke Arts
Commission.
~'~ ;.P~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc: Mark C. McConnel, Chair, Roanoke Arts Commission, 546 Camilla Avenue, S. E.,
Roanoke 24014
Judith M. St.Clair, Secretary, Roanoke Arts Commission
Stephanie M. Moon, Deputy City Clerk
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the seventeenth day of November, 2003, TERRI R. JONES was appointed as
a member of the Roanoke Arts Commission to fill the unexpired term of Michael Brennan,
ending June 30, 2004.
Given under my hand and the Seal of the City of Roanoke this twenty-first day of
November, 2003.
A... JiL..
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: c1erk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
November 21, 2003
File #15-110-207
Ms. Sandra K. Brunk
3773 Chesterton Street. S. W.
Roanoke, Virginia 24018
Dear Ms. Brunk:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 17,2003, you were appointed as a member of the Roanoke Arts Commission,
for a term ending June 30, 2006.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Ms. Sandra K. Brunk
November 21,2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve the City of Roanoke as a member of the Roanoke Arts
Commission.
rh''"'1 J. ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc: Mark S. McConnel, Chair, Roanoke Arts Commission, 546 Camilla Avenue, S. E.,
Roanoke 24014
Judith M. St.Clair, Secretary, Roanoke Arts Commission
Stephanie M. Moon, Deputy City Clerk
CITY OF ROANOKE
)
) To-wit:
)
COMMONWEALTH OF VIRGINIA
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the seventeenth day of November, 2003, SANDRA K. BRUNK was appointed
as a member of the Roanoke Arts Commission, for a term ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-first day of
November, 2003.
111 "'-1> j. ~
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
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
November 21,2003
File #110-467
Mr. William M. Hackworth
2202 Carter Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Hackworth:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 17, 2003, you were appointed as a member of the Virginia Western Community
College Board of Directors, to fill the unexpired term of Michael F. Urbanski, resigned,
ending June 30. 2007.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Mr. William M. Hackworth
November 21, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve the City of Roanoke as a member of the Virginia Western
Community College Board of Directors.
Sincerely, /'J
/h.~ ;.1/N1f.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc: Dr. Robert Sandel, President, Virginia Western Community College,
P. O. Box 14007, Roanoke, Virginia 24038-4007
Stephanie M. Moon, Deputy City Clerk
CITY OF ROANOKE
)
) To-wit:
)
COMMONWEALTH OF VIRGINIA
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the seventeenth day of November, 2003, WILLIAM M. HACKWORTH was
appointed as a member of the Virginia Western Community College Board of Directors, to
fill the unexpired term of Michael F. Urbanski, resigned, ending June 30, 2007.
Given under my hand and the Seal of the City of Roanoke this twenty-first day of
November, 2003.
A"-l ). fl..
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: c1erk@cLroanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
November 21, 2003
File #110-51
Ms. Joel W. Richert
415 Allison Avenue, S. W.
Roanoke, Virginia 24016
Dear Ms. Richert:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 17, 2003, you were reappointed as a member of the Board of Zoning Appeals,
for a term ending December 31,2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Ms. Joel W. Richert
November 21,2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Board of Zoning Appeals.
n::Y~ j. ~
Mary F. Parker, CMC
City Clerk
'<fA.
MFP:ew
Enclosures
pc: Rebecca J. Cockram, Secretary, Board of Zoning Appeals
Stephanie M. Moon, Deputy City Clerk
CITY OF ROANOKE
)
) To-wit:
)
COMMONWEALTH OF VIRGINIA
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the seventeenth day of November, 2003, JOEL W. RICHERT was reappointed
as a member of the Board of Zoning Appeals, for a term ending December 31,2006.
Given under my hand and the Seal of the City of Roanoke this twenty-first day of
November, 2003.
A~ ;. ~
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.vaus
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk:
MARY F. PARKER. CMC
City Clerk
November 21,2003
File #110-51
Mr. Philip H. Lemon
3169 West Ridge Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Lemon:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 17, 2003, you were reappointed as a member of the Board of Zoning Appeals,
for a term ending December 31,2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Mr. Philip H. Lemon
November 21,2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Board of Zoning Appeals.
7h'Y~ J.~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc: Rebecca J. Cockram, Secretary, Board of Zoning Appeals
Stephanie M. Moon, Deputy City Clerk
CITY OF ROANOKE
)
) To-wit:
)
COMMONWEALTH OF VIRGINIA
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the seventeenth day of November, 2003, PHILIP H. LEMON was reappointed
as a member of the Board of Zoning Appeals for a term ending December 31,2006.
Given under my hand and the Seal of the City of Roanoke this twenty-first day of
November, 2003.
^ "'--1 ;. f?.1.' -
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church A venue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E~mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
November 27,2000
File #514
Roy V. Creasy, Attorney
213 S. Jefferson Street, Suite 915
Roanoke, Virginia 24011-1735
Dear Mr. Creasy:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 17, 2003, a public hearing was held on the request of Robert E. Zimmerman
that Rorer Avenue, S. W., between 9th and 10th Streets, and two alleys running in a
northerly direction from Rorer Avenue, located between parcels bearing Official Tax Nos.
1112102,1112103,1112104,1112107,1112108,1112109and1112110,bepermanently
vacated, discontinued and closed.
Pursuant to a vote of the Council, the request was denied.
Sincerely, /J
A.. AAq .J. f/ AA-/u.-
Mary F. Parker, CMC
City Clerk
MFP:sm
pc: Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W. Roanoke, Virginia 24014
Susan S. Lower, Acting Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Edward R. Tucker, Acting Development Review Coordinator
2f{,/oG
ID(~ I'
Not Adopted
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
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, Robert E. Zimmerman 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;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by S30-l4, 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;
WHEREAS, a public hearing was held on such application by the City Council on
November 17, 2003, after due and timely notice thereof as required by S30-14, 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;
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 the public right-of-way situate in the City of Roanoke, Virginia, and more particularly
described as follows:
That portion of Rorer A venue, S.W., between 9th and 10th Streets, S.W., and
two alleys running in a northerly direction from Rorer A venue, S.W., located
between parcels bearing Official Tax Nos. 1112102, 1112103, 1112104,
1112107, 1112108, 1112109, and 1112110
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.
2
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 of Roanoke, 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, 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, and
vacating any easement which is being replaced by a new easement shown on such plat.
BE IT FURTHER ORDAINED that prior to receiving all required approvals of the
subdivision plat referenced in the previous paragraph, the applicant shall give to the
Treasurer for the City of Roanoke a certified check or cash in the amount of twenty-six
thousand six hundred dollars and no cents ($26,600.00) as consideration for this action taken
by City Council.
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.
3
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,
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.
4
--'
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
November 17, 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 Robert E. Zimmerman, represented by Roy V.
Creasy, attorney, that Rorer Avenue, S.W., between 9th and 10th
Streets, S.W., and two alleys running in a northerly direction from
Rorer Avenue, S.W., located between parcels bearing Official Tax
Nos. 1112102,1112103, 1112104,1112107, 1112108, 1112109,
and 1112110 be permanently vacated, discontinued and closed.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, October 16,
2003. An amended motion to recommend approval of the closure at a price of
$26,600, if approved by City Council, was made by Mr. Rife, seconded by Mr.
Butler and approved 6-0 (Mr. Williams absent). A roll call vote was taken on the
amended motion and failed by a vote of 2-4 (Messrs. Butler and Rife voting in
favor and Messrs. Chrisman, Manetta and Scholz, and Ms. Prince voting against).
Background:
The petitioner owns all of the parcels that adjoin the subject portion of Rorer
Avenue. The petitioner also owns all but one of the parcels on the southern side of the
900 block of Salem Avenue where his establishment, Roanoke Electric Zupply, is
located. The petitioner does not own Official Tax No. 1112110. One of the alleys
requested for closure is adjoined by this parcel.
The paved portion of the 900 block of Rorer Avenue is a dead end that
terminates approximately 19 feet east of the edge of the sidewalk on 10th Street. This
dead end was created on Rorer Avenue after the widening of 10th Street by the Virginia
Department of Transportation (VDOT).
1
Considerations:
The parcels to the north of the subject portion of Rorer Avenue are zoned LM,
Light Manufacturing. On the southern side the zoning is RM-2, Residential Multifamily,
Medium Density District.
The petitioner's electrical supply business occupies all of the parcels on the
northern side of Rorer Avenue, with the exception of Official Tax No. 1111516, which is
a boarded, vacant house. The petitioner also owns two boarded, vacant houses on the
southern side of Rorer Avenue. The remaining parcels on this block are vacant. The
area is served by public utilities. Staff received comments from American Electric
Power (AEP), Verizon and Roanoke Gas. AEP advised that it has a transmission line
crossing the right-of-way and that it will "need a new easement from Mr. Zimmerman to
convey to AEP the right to construct, reconstruct, operate, maintain, inspect, repair,
renew, relocate (along the centerline), and the other rights that our standard easement
provides AEP."
Verizon stated that it was not opposed to the request, but would need to be
granted a public utility easement for facilities existing within the right-of-way. Verizon's
comments did not specify whether such an easement would need to be maintained in
the right-of-way and/or the alleys. Roanoke Gas advised that it does not have facilities
at this location.
Water Division staff advised that a main sewer line and a 10 inch water main
with multiple laterals run under the subject portion of Rorer Avenue. Transportation
staff advised that the requested closure would not impact traffic, based on the
information provided in the petition.
Vision 2001-2020 contains both general references and specific action items
that relate to the function, maintenance and design of the City's streets. Connectivity of
the existing street grid pattern and appearance of streetscapes are two recurring
themes in the plan.
The Transportation Policy Approach section of Vision 2001-2020 states that "the
street grid should be preserved (p.69)." The City Design chapter of Vision 2001-2020
includes a Design Schematic for large traditional neighborhood sites, which states
"where possible, neighborhood streets should connect with existing neighborhood
streets to complete the street grid pattern of the surrounding area (p.1 03)."
The surrounding area is a mixture of traditional residential development and
industrial uses. The area to the south of Rorer Avenue has remained residential since
its development. Thus, the principles of this design schematic should be considered
with regards to the development pattern of the existing neighborhood.
Vision 2001-2020 also contains several references to the function of alleys in
the City. The Transportation element of the plan states that "access to parking by
2
alleys can be an alternative to reduce the impact of cars entering and exiting lots on
neighborhood streets (p.66)."
The City Design chapter of the plan states that alleys are one of the attributes of
downtown neighborhoods and that "where possible, alleys should be created to serve
rear access garages and parking areas (p.1 00)."
A3:
One of the most pertinent action items of Vision 2001-2020 for this petition is in
"Identify priorities for streetscape improvements through neighborhood plans and
through a street design inventory (p.72)."
City Council adopted the Hurt Park/Mountain ViewlWest End plan on June 16,
2003, which covers the subject portion of Rorer Avenue and adjoining alleys. The
neighborhood plan is now a component of Vision 2001-2020. One of the High Priority
Initiatives of the plan under Infrastructure Improvements states:
"Restore access of 10th Street at Norfolk and Rorer Avenues (p.5)."
The future land use map of the Hurt Park/Mountain ViewlWest End
neighborhood plan calls for the southern side of Rorer Avenue from 5th to 10th Street to
be used for light industrial, with heavier industrial uses on the northern side. As this
area lacks a clear transition between industrial and residential uses, the light industrial
designation is intended to provide a minimal transition from the heavier industrial uses
that lie to the north.
Closure of the subject portion of Rorer Avenue would allow the petitioner to
create one industrial site, pending future rezoning of the southern side of Rorer Avenue.
The petitioner owns 16 parcels, totaling 103,612 square feet, or less than 2.4 acres.
The subject portion of Rorer Avenue and the adjoining alleys total approximately 21,275
square feet. Combined with the petitioner's parcels, the requested closure could result
in the recombination of one parcel totaling 124,887 square feet, or approXimately 2.9
acres, spanning across one and a half blocks.
While it is possible that a plan to redevelop this block could necessitate closure
of Rorer Avenue, the petitioner has not offered any specific development proposals,
stating only that there is future commercial or residential development potential.
The estimated value of the right-of-way and alleys combined is $26,600, based
on an assessment from the Department of Real Estate Valuation.
During the public hearing, Mr. Butler asked staff two questions: 1) Why was staff
interpreting a policy approach so literally when the City ultimately was responsible for
Rorer Avenue being a dead-end when 10th Street was improved; and 2) Could Rorer
Avenue be reopened given the costs that would be incurred to correct the grade and
signalize the intersection?
3
Staff replied that the widening of 10th Street by VDOT caused Rorer Avenue to
be dead ended. Mr. Butler then asked staff if VDOT would have to grant permission to
a developer or the City to allow Rorer Avenue to be reopened across 10th Street. Staff
replied that it most likely would require VDOT approval, but that the City has some
flexibility in dealing with VDOT and would work with the Petitioner (or any developer) if
he desired to reopen Rorer Avenue at 10th Street.
Regarding Mr. Butler's second question as to the feasibility of reopening Rorer
Avenue given the costs and engineering challenges, staff acknowledged that it would
be difficult; however the Petitioner has not offered any specific future development plan.
Staff stated that without a specific development proposal, the stated High Priority
Initiative (see below) of the Hurt Park/Mountain ViewlWest End Neighborhood Plan
should be an important consideration.
Mr. Chrisman asked if staff had considered closing the alleys without vacating
the subject portion of Rorer Avenue. Staff replied that the alleys serve no public
purpose and vacation of them could be supported, however the Petitioner had not
brought up this possibility as a stand-alone request.
Mr. Rife asked staff to clarify the report's mention of the future land use map of
the neighborhood plan. Staff pointed out the area in question on the map.
Recommendation:
By a vote of 2-4, the Planning Commission does not recommend approval of the
petitioner's request to vacate, discontinue and close the subject portion of Rorer
Avenue and the adjoining alleys. The request is in direct conflict with the general goals
of Vision 2001-2020 and the specific recommendation of the Hurt Park/Mountain
ViewlWest End neighborhood plan to re-establish the connection between Rorer
Avenue and 10th Street. In addition, the petitioner has not proposed any specific
development plan that would require vacation of the right-of-way and alleys, or result in
a use of the property that is consistent with the policies and recommendations of the
neighborhood plan.
If, however, the Council should choose to approve the petitioner's request, the
Commission recommends that the petitioner be charged the full amount of $26,600,
and that the closure be subject to the conditions listed below:
A. 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, 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, and remove any
easements which are being replaced by other new easements.
4
B. 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 parties 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.
C. 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.
D. 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.
Respectfully submitted,
I~OU P> fJW
. Rot:;;;. Manetta, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
Rolanda Johnson, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Roy Creasy, Attorney for the petitioner
5
I
900 Block
Rorer Ave, SW
1-111411
~
N
w
E
s
~
Roy V. Creasy
Attorney At Law
Roanoke, Virginia
?-..o~ 5L~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
INRE:
)
)
)
)
)
)
Application for Vacating,
Discontinuing and Closing
of Street and Alleys
Application of Robert E. Zimmerman for
Vacation of a portion of Rorer A venue, S. W.
MEMBERS OF COUNCIL:
Robert E. Zimmerman, applies to have a portion of Rorer Avenue, S. W. and two alleys
located on sheet 1 I I of the zoning map, and more particularly identified on Exhibit "A"
attached hereto and made a part hereof, in the City of Roanoke, Virginia, permanently
vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section
30-14, Code of the City of Roanoke (1979), as amended. This portion of said Rorer Avenue
is more particularly described on the Exhibit "A" attached hereto.
Robert E. Zimmerman states that the grounds of this application are as follows:
I. That your Petitioner owns all the lots adjoining said road except official Tax Map
No. 1112110 (which fronts on 9th Street S.W.) and as shown on Exhibit A.
2. That the entrance of that portion of Rorer A venue to be vacated on loth street has
been barricaded and by virtue ofthe steep slope at that location said 10th Street and Rorer
A venue cannot be connected without extensive grading on Rorer Avenue.
3. That the area around the barricade is in disrepair and has been used for drinking of
alcoholic beverages and suspected drug use.
4. That with the closur~ of this portion of Rorer Avenue, S.W. and said alleys, the
lots owned by your Petitioner could be used for the development of a large commercial or
residential complex.
5. The proposed closed Rorer A venue and the two alleys upon vacation shall be split
in two and become part of the respective lots which adjoin the said Rorer Avenue and alleys.
Roy V. Creasy
Attorney At Law
Roanoke, Virginia
WHEREFORE, Robert E. Zimmerman respectfully requests that the above described
sheet and alleys 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 ofthe City of Roanoke
(1979), as amended.
Respectfully submitted,
Roy V. Creasy, Esquire
213 S. Jefferson Street
Suite 915
Roanoke, Va 2401 1-1735
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TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE CLOSURE REQUEST OF:
Robert Zimmerman for pt. of Rorer Avenue, S.W. and 2
Adjoining alleys
)
) 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
16th day of September, 2003, notices of a public hearing to be held on the 16th day of
October, 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
Mailinq Address
1112110
Wayne Eugene Shifflett
309 Ninth Street, SW
Roanoke, VA 24016
1111507 Petitioner
1111510-1111516, inclusive
1112102-1112109, inclusive
v'lto.alw<- L ~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 16th day of September, 2003.
~AQ)&l/t:vnc
Notary Public
My Commission Expires: /..;,;)-.~ - ~ 7
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, October 16, 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., to consider the following:
Request from Robert E. Zimmerman, represented by Roy V. Creasy,
attorney, that Rorer Avenue, S.W., between 9th and 10Ih Streets, S.W.,
and two alleys running in a northerly direction from Rorer Avenue, S.W.,
located between parcels bearing Official Tax Nos. 1112102, 1112103,
1112104,1112107,1112108,1112109, and 1112110 be permanently
vacated, discontinued and closed.
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, September 30 and October 7,2003
Please charge to:
Roy V. Creasy, Esquire
213 South Jefferson Street, SW.
Roanoke, VA 24011 (phone) 342-0729
Please send affidavit of publication to:
Martha P. Franklin, Department of Planning Building & Development
Room 166, Municipal Building, 215 Church Avenue, SW.
Roanoke, VA 24011 (540) 853-1730
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - - - - --
ROY V. CREASY
SUITE 915
213 S JEFFERSON ST
ROANOKE VA 24011
CU}:f\ ~t/! .-: 1\" i'.! 1'"+ (:'H-'!.-i;:-lr-;
REFERENCE: 80057547
02245881 Rorer Ave. Closing
1_IIFPUUCHElIIIlC
TO WHOM rr MAYCONciRN:
The CoUncil .of, the ,City of
RoElnC*ewlll 'hold a Public
Hearing-on Monday, November
17, 2003, at 1:00 p.m., or
aa soon thereafter as the mat-
ter m.,. be ,,"rd, In the Coun-
cil Chamber In the NoelC.
Taylor Municipal BuU_ 215
Church Avenue; S.W., ,on an
applic8tlon to permanently
abandon, 'IllIcata, dIstontInue
and close, totheextentthe
City has any tetel Interest in
such public rlifrt:-ot.w8y,the
folklwlng publlcrWrt-of-way:
That portion of Rorer Avenue,
'S.W., between'9th and ,10th
Stteeb, S.W., and twO alleys
rutlnlrlg Inanortherlydlrec-
tionfi'Om Rorer Avenue, S.W.,
100itBd bittWeen parcels
bearing OffIcial Tell Nos.
1112102, 1112103,
1112104, 1112107,
1112108;1112109, and
lU2110.
A copy OJ thilpropoaal i&
llValIabIe'for-publlc InIP8Ctlon
In the Olfice of the CIty Clerk,
Room 456, HoeIC. Taylor
Munlclpal,IJUlldlng. All parties
In Intel'8lt maylJ3Pdl' on the
aboVe dete and be heard on
thequeetlon.
lfyouare.~nwlthadls.
ability who needS aocornmoda-
tlonsforthli.publlchear/ng,
oontactthtt CIty CIeOOlOfflce,
853-2541, byo'12:00 noon on
Thursday, ~vember 1~,
2003.' .
GIVEN under my hand this
28th day of Oetober, 200~.
M.lYF~'P8rkertCltyClerk.
(2245881)
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
ViI~~~~a. Sworn and subscribed before me this
-- ~_day of November 2003. Witness my hand and
of icial seal.
~i~~P~~L~~:l~~~~
PUBLISHED ON:
10/31 11/07
TOTAL COST:
FILED ON:
269.92
11/07/03
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - - - - --
~~:~:;;;:~--~~~--------__. ""',' "0"'0" ..po....,.,,".
~~.,
\o~
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing on Monday,
November 17, 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 A venue, S.W., on
an application to permanently abandon, vacate, discontinue and close, to the extent the City
has any legal interest in such public right-of-way, the following public right-of-way:
That portion of Rorer Avenue, S.W., between 9th and 10th Streets, S.W., and
two alleys running in a northerly direction from Rorer A venue, S. W., located
between parcels bearing Official Tax Nos. 1112102, 1112103, 1112104,
1112107,1112108,1112109, and 1112110.
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,
November 13, 2003.
GIVEN under my hand this 28th day of October
,2003.
Mary F. Parker, City Clerk.
H:\NOTICES\N-ST.CLOS_RORERA VE111703.DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday. October 31. 2003, and once on Friday, November 7,2003.
Send affidavit to:
Mary F. Parker. City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Roy V. Creasy, Esq.
213 S. Jefferson Street, Suite 915
Roanoke, Va. 24011-1735
(540) 342-0729
.
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
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
August 28, 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, 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 August 27, 2003, from Robert E.
Zimmerman, requesting that a portion of Rorer Avenue, S. W., and two alleys located on
Sheet 111 of the Roanoke City Zoning Map, bounded by Rorer Avenue S. W., and an alley
running parallel to Rorer Avenue, S. W., between 9th Street and 10th Street, be permanently
vacated, discontinued and closed.
Sincerely,
~~ hl,or;o~
Stephanie M. Moon
Deputy City Clerk
SMM:ew
Enclosures
N:\CKEWIlRezonings - Street Alley Closings 03IRorer Ave SW Zimmerman.wpd
Robert B. Manetta
August 28, 2003
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
Roy V. Creasy, Esquire, 213 S. Jefferson Street, Suite 915, Roanoke, Virginia
24011-1735
Darlene L. Burcham, City Manager
Susan S. Lower, Acting Director, Real Estate Valuation
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
J. Frederick Gusler, City Planner II
N:\CKEWIIRezonings - Streel Alley Closings 03IRorer Ave SW Zimmennan.wpd
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
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk:
MARY F. PARKER, CMC
City Clerk
November 20, 3003
File #165-200
Robert B. Manetta, Chair
Fredrick M. Williams
Richard A. Rife
Paula L. Prince
Gilbert E. Butler, Jr.
D. Kent Chrisman
Henry Scholz
)
)
)
)
)
)
)
City Planning Commission
Dear Ms. Prince and Gentlemen:
I am enclosing copy of Ordinance No. 36550-111703 approving the Harrison-Washington
Park Neighborhood Plan, and amending Vision 2001-2020, the City's Comprehensive Plan,
to include the Harrison-Washington Park Neighborhood Plan.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 17, 2003, and is in full force and
effect upon its passage.
MFP:ew
Sincerely, IJ
/h~ j.r~
Mary F. Parker, CMC
City Clerk
Enclosure
pc:
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for .Community Development
Martha P. Franklin, Secretary, City Planning Commission
Dr. Jeanette Manns, President, Washington Park Neighborhood Alliance,
1826 10th Street, N. W., Roanoke, Virginia 24012
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of November, 2003.
No. 36550-111703.
AN ORDINANCE approving the Harrison-Washington Park Neighborhood Plan, and
amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Harrison-
Washington Park Neighborhood Plan; and dispensing with the second reading of this
ordinance by title.
WHEREAS, the Harrison-Washington Park Neighborhood Plan (the "Plan") was
presented to the Planning Commission;
WHEREAS, the Planning Commission held a public hearing on October 16,2003, and
recommended adoption of the Plan and amending Vision 2001 - 2020, the City's
Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and
WHEREAS, in accordance with the provisions of SI5.2-2204, Code of Virginia
(1950), as amended, a public hearing was held before this Council on Monday, November 17,
2003, on the proposed Plan, at which hearing all citizens so desiring were given an
opportunity to be heard and to present their views on such amendment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. That this Council hereby approves the Harrison-Washington Park
Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to
include the Harrison-Washington Park Neighborhood Plan as an element thereof.
2. That the City Clerk is directed to forthwith transmit attested copies of this
H:\ORDINANCES\O-HARRISONWASHPARK(ROANOKEVISION)091503.DOC
ordinance to the City Planning Commission.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
A~'-1!L
City Clerk.
H:\ORDINANCEs\()..HARRlSONWASHPARK(ROANOKEVISJON)091503.DOC
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
Architectural Review Board
Board of Zonin~ Appeals
Planning Commission
November 17, 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:
Harrison/Washington Park Neighborhood Plan
Planning Commission Action:
Planning Commission public hearing was held on Thursday, October 16, 2003. Bya vote
of 6-0 (Mr. Williams absent), the Commission recommended approval of the Harrison/
Washington Park Neighborhood Plan.
Background:
The Harrison/Washington Park Neighborhood Plan was developed over a series of
meetings and community workshops sponsored by the City's Planning Building and
Development Department. The plan was developed by working with the Harrison /
Washington Park neighborhood residents to identityfy and evaluate existing neighborhood
conditions and concerns.
Mr. Jacques Scott, City Planner, reported on the Harrison and Washington Park
Neighborhood Plan priority initiatives. Mr. Scott also reported on several issues of the plan
that came apparent before the last Planning Commission meeting in September. Mr. Scott
stated that the issues since then have been researched, noted, and resolved.
There were no residents present to address the Commission regarding the plan at the
public hearing.
Consideration:
Vision 2001-2020 recommends that detailed neighborhood plans be developed and
adopted for each of Roanoke's neighborhoods.
The plan for the Harrison/Washington Park has been reviewed by the neighborhood, by
City staff and by the Long Range Planning Committee of the Planning Commission.
In the planning process, residents and staff identified the following major issues facing the
two neighborhoods:
· Code enforcement concerns
· Large numbers of low income multifamily units
· Compatibility of infil/ development
· Tenth Street Improvements
· Aging housing stock
The plan identifies four high priority initiatives:
· Encouraging a balance of housing choices in all price ranges and housing
options that promote social and economic diversity.
· Promoting general physical enhancement through continued code enforcement
efforts.
· Adopting the Neighborhood Design District to encourage compatible infil/
housing.
· Improving the appearance and function of major streets.
The plan also includes a future land use map to guide development and zoning patterns in
the neighborhoods.
Recommendation:
The Planning Commission, by a vote of 6-0, recommends approval of the
Harrison/Washington Neighborhood Plan for adoption as a component of Vision 2001-
2020 comprehensive plan.
Respectfully submitted,
a~{6.1v1~
Robert B. Manetta, Chairman
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
IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA
This 16th day of October, 2003
A RESOLUTION recommending the adoption of the Harrison and Washington
Park Neighborhood Plan as an element of the City's Comprehensive Plan.
WHEREAS, a series of community workshops were held in the Harrison and
Washington Park neighborhoods to gain input into the plan;
WHEREAS, the draft plan has been reviewed by the neighborhood, city staff, and
the Long Range Planning Committee of the City of Roanoke Planning Commission; and
WHEREAS, the Harrison and Washington Park Neighborhood Plan has been
advertised in accordance with Section 15.2-2204 of the Code of Virginia (1950), as
amended, and pursuant to thatnotice, a public hearing was held on October 16, 2003,
at which all persons having an interest in the matter were given a chance to be heard.
BE IT RESOLVED by the Planning Commission of the City of Roanoke that it
recommends to City Council that the Harrison and Washington Park Neighborhood
Plan, dated October 16, 2003, be adopted as an element of the City's Comprehensive
Plan, and that by signature of its Chairman below, the Planning Commission hereby
certifies the attached copy of the neighborhood plan to City Council.
ATTEST:
, ~,/ud- cfU~lLl,tbk--
_.AO \ 1,"') r
Chairma-n
DRAFT
Harrison and Washington Park
Neighborhood Plan
Recommended by Planning Commission
October 16, 2003
VISion
~,.:: '::r;
CONTENT
Introduction p. 2
Community Design p. 6
Residential Development p. 10
Economic Development p. 13
Infrastructure p. 16
Public Services p. 20
Quality of Life p. 22
Implementation p. 25
~aps p.26
DRAFT
Introduction
The Harrison and Washington Park neighborhoods are distinct areas, but are being
combined into one plan to facilitate completion of plans throughout the city. The
Harrison neighborhood is bounded by Orange Avenue on the north, by Moorman Road
on the south, by 5th Street on the east, and by 141h Street on the west. The
neighborhood provides the opportunity for traditional historic neighborhood living.
Washington Park is defined as the area bounded on the north by 1-581, on the south by
Orange Avenue, on the east by 1-581, and on the west by 10th Street. The area offers a
traditional neighborhood setting in addition to several multifamily developments.
This plan is a component of Vision 2001-2020, Roanoke's 20-year comprehensive
plan. Vision 2001-2020 recommends the development of neighborhood plans in order
to provide a more detailed assessment of the neighborhoods and to provide a guide for
future decisions. This plan identifies significant issues that need to be addressed in the
future. Discussion is organized into the following six elements:
· Community Design
· Residential Development
· Economic Development
. Infrastructure
· Public Services
· Quality of Life
Planning staff conducted a detailed study of current neighborhood conditions such
as land use patterns, housing, and infrastructure. Residents were involved with the
development of the plan through workshops and draft reviews. This plan is a reflection
of participation from residents, neighborhood stakeholders, and City of Roanoke
planning staff. Citizen participation through meetings, phone calls, and email was a
valuable part of the neighborhood planning process. The major issues identified
through the process include:
· Aging housing
· Code enforcement
· Large numbers of low income multifamily units
· Compatibility of infill development
· Tenth Street improvements
2
DRAFT
This plan makes recommendations for neighborhood improvement and
development. Most recommendations are for action over a 5-year period, while some
recommendations are longer term. Major recommendations include:
· Encouraging a balance of housing choices in all price ranges and housing options
that promote social and economic diversity.
· Promoting general physical enhancement through continued code enforcement
efforts.
· Adopting the Neighborhood Design District to encourage compatible infil/ housing.
· Improving the appearance and function of major streets.
A goal of the planning process was to involve the community in determining its own
future. While city government will be a major participant in implementing this plan,
citizen involvement will be essential. Harrison and Washington Park residents must
take an active role in neighborhood improvement, cooperating with City departments,
monitoring progress, and getting involved in implementation.
History
Harrison and Washington Park are historically single-family neighborhoods.
However, the neighborhoods have seen some increases in commercial and industrial
uses. In the Harrison neighborhood, most of the homes were built between 1900 and
1920. Many of the original homes are still standing and contribute to the historic
character of the neighborhood. The Washington Park neighborhood experienced new
development between 1920 and 1960. After World War II, many people settled in the
northwestern area of the neighborhood.
Development Milestones:
· 1914: Harrison School was built as the first school for Blacks in the Roanoke
Valley.
· In the 1920s, a small commercial area developed on Moorman Road and Fairfax
Avenue.
· Lucy Addison School was built in 1950 to accommodate the growing population.
· Washington Park was used as a landfill in the 1950s; it was capped and the park
was established in the early 1960s.
· Lincoln Terrace public housing project was built in 1952.
· In 1954, Burrell Hospital was built; the hospital was the first in the Valley for the
Black community.
· Afton Apartments (low-income subsidized housing), formally Britewood
Apartments, were developed in 1970.
· Hunt Manor was developed in 1974.
· Brown-Robertson Park was established in 2002.
3
DRAFT
Population
The population in the area increased between 1990 and 2000. In addition, the area
also had an increase in households. The study area experienced an increase in Black
residents and residents of other races, while White residents decreased by 17%. The
area also experienced substantial increases in the number of younger and middle age
populations, while the number of younger adults and the elderly decreased.
To compare demographic changes between 1990 and 2000, census tract level
information had to be used. However, the census tracts do not match neighborhood
boundaries and include substantial portions of surrounding areas. The chart below
compares the same census tracts in both 1990 and 2000.
T bl 1 D
h" T d 1990 2000
a e . emograpr Ie ren s -
Year 1990 2000 % Change
Population 5719 5976 +4.5%
White 709 587 -17.2%
Black 4968 5193 +4.5%
Other races 42 193 +359.5%
0-17 years old 1485 1776 +19.6%
18-34years old 1523 1185 -22.2%
34-65 years old 1788 2205 +23.3%
65 years old and over 923 824 -10.7%
Households 2230 I 2439 +9.4%
Source: U.S. Census Bureau: 1990 and 2000 Census
A more accurate count is provided by looking at census blocks, which are small
portions of census tracts. In 2000, the population of the Harrison and Washington Park
neighborhoods was 2,273, about 2.4% of Roanoke's population. The area has a
predominately Black population. The largest age bracket is 35 - 64. In the Harrison
neighborhood, the population is 1,019, with 393 households, and in Washington Park,
the population is 1,254, with 531 households. Census data indicate the following
trends:
· Minority populations are increasing
· Increases in youth and middle age brackets
· Large youth population
· Large percentage of renter occupants compared to city
4
DRAFT
Table 2: Demographic Trends
Harrison and Neighborhood % Roanoke %
Washington Park
Neiahborhoods in 2000
Population 2,273 ------ ------
Black 1,921 84% 27%
White 271 12% 69%
Other Races 81 4% 4%
Ages 0-17 670 29% 23%
Ages 18-34 459 20% 23%
Ages 35-64 788 35% 38%
Ages 65 - over 356 16% 16%
Households 924 ------ ------
Owner 398 43% 56%
Renter 526 57% 44%
Source: U.S. Census Bureau, Census 2000
5
DRAFT
Community Design
Harrison is a traditional urban neighborhood that was developed in the early 1900s
that mainly consists of older single-family homes. Multifamily housing and limited
commercial uses are scattered throughout the area. Vision 2001-2020 designated a
small area along 11th Street as a village center.
Noted developments in the Harrison neighborhood are the Harrison Museum of
African American Culture, which is the old Harrison School, the old Burrell Memorial
Hospital, five churches, a funeral home, three convenience stores, and one gas station.
Alleys provide access to the rear of properties. Rolling terrain provides views of
downtown and surrounding areas.
Washington Park, a neighborhood with traditional and suburban characteristics,
developed between 1920 and 1960. It contains areas of single-family detached homes
on small lots, large multifamily apartment complexes, and commercial/industrial areas.
Vision 2001-2020 identifies a small area along 10th Street and Andrews Road as a
village center.
Noted land uses in the Washington Park area include the Roanoke City School
Board Administration building (once the Booker T. Washington High School), Booker T.
Washington Park, Addison Middle School, Lincoln Terrace Elementary School, and a
small industrial area. The neighborhood has few street trees. Topography is rolling,
streets in the areas to the south and far east of the neighborhood have a grid pattern,
while others are interrupted by dead-ends, due to the fact that Booker T. Washington
Park is positioned in the center of the area.
Orange Avenue, a busy four-lane arterial street, represents an edge between the
Harrison and Washington Park neighborhoods. A variety of streetscapes is common
considering the urban location in the city. Orange Avenue and 10th Street are the
busiest streets within both neighborhoods. Historically, homes lined both sides of
Orange Avenue from Burrell/Gainsboro Road to 10th Street. Today, many of the
properties are now vacant and wooded, especially the area near Washington Park.
Most streets in the Harrison neighborhood are medium to narrow in width. Several
streets such as Rutherford and Madison Avenues are narrow to the extent that only a
single lane of traffic can flow between parked cars.
Vacant land is abundant in the neighborhoods, accounting for 604 parcels and 30%
of the land area. Over 90% of the vacant land has been classified as developable by
Roanoke's Real Estate Valuation Office, so there are many opportunities for infill
development. In addition, the need for improved maintenance and code enforcement of
existing structures will be a deciding factor for the successful development of vacant
parcels.
In the Washington Park area, vacant lots have become infested with rodents. Many
residents have complained that rodents are a problem along 10th Street in the 1800
block of Liberty Road, behind Lincoln Terrace School.
Zoning and Land Patterns
Most of the Harrison neighborhood is residential, with the exce~tion of the corridor
along Orange Avenue from 10th Street to 14th Street and along 11t Street, which are
6
DRAFT
mainly zoned and used for commercial uses. The Harrison neighborhood is primarily
zoned Residential Multifamily, Medium Density District (RM-2), which encourages
medium-density population with a mix of single and multifamily development.
The Washington Park neighborhood is primarily zoned Residential Multifamily,
Medium Density District (RM-2), which encourages medium-density population with a
mix of housing types. A small residential area located north of 10lh Street, from
Andrews Road to Hunt Avenue is zoned (RM-1). Residential Multifamily, Low Density.
The RM-1 zoning designation is intended to promote and encourage the revitalization
and preservation of traditional single-family neighborhoods. West of 10th Street, on
Rockland Avenue, are several businesses zoned Light Manufacturing (LM).
There are four identifiable nodes that form centers of activity:
· Laroe Villaoe Center - Along the 1000 and 1100 block of Orange Avenue,
Moorman Road, and along 11th Street, is the primary commercial center for the
area. The existing zoning, General Commercial (C-2), reflects the emphasis on
retail and other services in this area. However, this zoning could encourage
commercial development that is out of scale with the neighborhood.
· Small Villaoe Center - The area along 10th Street near Brown-Robertson Park is
a small village center with potential for expanded services.
· Public Housino Complex - The Villages at Lincoln (formally Lincoln 2000) public
housing development forms a mix of single and multifamily residences. Other
public multifamily housing developments are Hunt Manor and Afton Apartments,
located along Hunt Avenue.
· Industrial Area - A small industrial area is found in the vicinity of Rockland
Avenue and Andrews Road in the Washington Park neighborhood. This area
contains commercial retail, manufacturing, and storage facilities. The area is
zoned Light Manufacturing (LM) district.
as mgton ar an arnson
Number of Percentage
Zonin~ Districts Parcels Acrea~e of Land
Office District C-1 29 5 1%
General Commercial C-2 30 12 3%
Light Manufacturi'la LM 7 30 8%
Residential Sinqle-family (RS-3) 120 42 12%
Residential Multifamily Low Density RM-1 328 55 15%
Residential Multifamily Medium Density RM-2 951 222 61%
Total 1465 366 100%
Table 1: Existing Zoning
W h" P k d H .
Source: City of Roanoke, Department of Real Estate Valuation
7
DRAFT
Table 2: Population and Housing
Harrison Washington Park Roanoke
Neighborhood Neighborhood
Count % Count % %
Total Population 1028 1771
Black 911 88%% 1507 85% 27%
White 88 8%% 200 11% 69%
Other Races & Multiracial 29 3% 64 40/0 4%
Age distribution
0-17 years 247 24% 621 35% 23%
18-34 years 189 18%% 384 22% 23%
35-64 years 374 36%% 565 32% 38%
65 years & over 218 21 % 201 11% 16%
Housing Units 477 949
Owner 180 38% 256 27% 56%
Renter 222 46%% 495 52% 44%
Vacant 77 15%% 198 21% 7%
Source: U.S. Census Bureau, Census 2000
The predominant land use is residential, which occupies 44% of the area's land.
Vacant properties make up 30% of land in the study area. Most of the multifamily
housing is concentrated in the Washington Park neighborhood.
Issues
· Vacant land needs to be developed with appropriately-designed infill housing.
· Concentration of high density public housing
· Access to basic retail and services
· Overgrowth lots producing rodents
Policies
· Roanoke will implement zoning patterns that allow for and encourage the
Harrison and Washington Park neighborhoods to be mixed-use urban
neighborhoods with opportunities for housing, employment, and services for all
ages, races, and incomes.
· The Harrison and Washington Park neighborhoods are recognized as having
unique architectural and historic value to the city. Therefore, Roanoke must
ensure that future development is compatible with the neighborhood fabric. The
8
DRAFT
design of new development should enhance and contribute to the
neighborhood's continued viability.
· A village center is designated along 111h Street between Orange Avenues and
Centre. The areas immediately surrounding the village center will be designated
for higher-density residential development.
· Encourage a balance of sustainable range of housing choices in all price ranges
and options that encourage social and economic diversity. Discourage the
concentration of federally subsidized housing.
· Encourage attractive streets that support auto, pedestrian, and bicycle
transportation modes.
· Encourage development of a village center at 10th Street and Andrews Road.
Actions
· Initiate comprehensive rezoning to encourage the desired development patterns
in accordance with the Future Land Use map.
· Identify vacant lots and develop neighborhood initiatives for development of
those lots in a manner consistent with the policies of this plan.
9
DRAFT
Residential Development
The Harrison neighborhood has a considerable amount of aging housing stock.
Most of the homes were constructed between 1900 and 1930, with most being built
during the 1920s.
During the 1940s, following the WWII, Washington Park experienced a housing
boom. Orange, Hanover, Alview, Rockland, and Kellogg Avenues saw a considerable
amount of development in the late 1940s. The largest concentration of new homes is in
The Village at Lincoln (formally Lincoln 2000) and on Kellogg Avenue.
Washington Park has experienced positive changes with the Lincoln 2000 project.
This project is using a HOPE VI grant from the U.S. Department of Housing and Urban
Development to revitalize the Lincoln Terrace public housing development. Its goals
are to involve its residents socially and economically into the surrounding community.
When the Lincoln 2000 project is completed, 50 duplex units and 10 single-family
homes will replace 33 existing apartment buildings (145 units). These new units include
rental housing and lease/purchase homeownership units to create a continuum of
housing opportunities on the site.
Alton Garden Apartments located on Hunt Avenue near The Village at Lincoln is a
1 08-unit government assisted apartment complex. In 2002, Alton Apartments
underwent significant renovations, including new siding, appliances, carpet, and
heating/air-conditioning systems. Several neighborhood residents mentioned that Alton
apartments and The Village at Lincoln renovations were a great improvement from past
conditions. Hunt Manor, also a public housing development, is located beside Alton
Gardens Apartments. This 96-unit apartment complex was built in 1970.
Vision 2001 - 2020 recommends against concentration of federally subsidized,
assisted, or affordable housing. In addition, Vision mentions that publicly assisted
housing efforts and shelters will be equitably distributed in all parts of the region. In the
Washington Park neighborhood alone, there are three publicly assisted housing
developments, representing the highest concentration of public housing in the valley.
Housing Conditions
The design of older houses adds a sense of history and character to a
neighborhood, but this housing tends to require a greater cost of maintenance. Lack of
maintenance of homes and weed overgrowth in the area have contributed to blight,
especially in the Harrison neighborhood.
The 21st Century Challenge Final Report (Roanoke Regional Housing Network),
reported that 84% of the houses in the Harrison neighborhood were in fair to good
condition. Owner-occupied units tended to be in better condition than renter-occupied
units.
The area experienced a decrease in home-ownership between 1990 and 2000.
Most of the newer development in the study area has been single-family homes. The
area provides excellent opportunities for new market-rate housing. More single-family
and two-family residential development should be encouraged throughout the study
area. The development of vacant lots and infill housing are complex topics, and require
partnerships between the public and private sectors to develop strategies for specific
areas.
10
DRAFT
The entire Harrison neighborhood is designated as a conservation/rehabilitation
district. This designation makes special programs and incentives available to
encourage rehabilitation.
While there are many architectural styles in both neighborhoods, the most common
in the Harrison area is the two-story Foursquare with wood siding. In Washington Park,
the small Bungalow is most prevalent. Many residents feel that a consistent design
character is important to the neighborhood. Residents are concerned about the design
of new infill housing and feel that new development should "fit in" with the other homes
in the neighborhood.
Key Development Opportunities
Harrison neighborhood - The neighborhood has a large number (604) of vacant lots
scattered throughout that would provide opportunities for infill development. These lots
are generally narrow and some have steep terrain. Most are appropriate for single-
family or two-family residential development. New infill housing development is needed
in the Harrison neighborhood to add economic stability and help to address the
problems associated with blight and vacant lots. Infill development should be carefully
designed to ensure compatibility with existing houses. Current zoning of the Harrison
area is mainly RM-2 (multifamily residential). A zoning that encourages single-family
development with scattered duplexes would be more appropriate.
Harrison School - Formerly a school for the African American community, now houses
the Harrison Museum of African American Culture on the first floor, and has subsidized
housing on the remaining upper floors. This historic building would be appropriate for
mixed income multifamily residential, with a community-oriented use on the first floor.
Carroll Avenue (along gh Street) - This property is near the Addison Middle School
walking track (Washington Park neighborhood). The street could possibly be extended
through to 10th Street. The site is sloped and wooded. The area is surrounded by
single-family residences. Zoning for the site is Residential Single Family, RS-3. This
site would be appropriate for market rate single-family development.
Marlian Avenue (between 1dh Street and Hunt Avenue) - This property has potential
for 20 -25 new single-family dwellings. Development would require installation of a
street in an existing strip of land. Extension of Marlian Avenue east of 10th Street would
facilitate development of a 5.6-acre property of single-family housing.
Rockland Avenue and 10th Street (site between Rockland and Hunt, Rockland and
Kellogg) - This property is 5.6 acres and has potential to be developed for over 20 new
dwellings. Development would require installation of a street that extends from 10th
Street or Rockland Avenue to Hunt Avenue.
Rockland Avenue (along Rockland and behind Hunt Manor) - This site has potential
for 15 or more new dwellings and would require installation of a street to Hunt Avenue.
11
DRAFT
Issues
· Blighted, abandoned, and aging housing stock
· High number of vacant parcels
· High concentration of low income, multifamily housing in the area
· Repeated code violations
· Need for compatible housing design
· Low homeownership rates
Policies
· Roanoke will encourage the Harrison-Washington Park neighborhoods to be a
mixed-use urban neighborhood with opportunities for housing, employment, and
services for all ages, races, and incomes.
· The design of new infill housing should be compatible with existing development.
· Encourage development of market-rate, owner occupied housing.
· Promote a balance of housing choices in all price ranges and options that
encourage social and economic diversity. Discourage the concentration of
federally-subsidized housing in the neighborhood.
· Encourage more homeownership in the neighborhood to a rate of at least 50%.
· Encourage stewardship of vacant properties through code enforcement.
· Encourage infill development of vacant parcels.
Actions
· Implement Neighborhood Design District overlay zoning.
· Amend the zoning map where needed to reduce density in areas with an over-
concentration of multifamily housing.
· Provide incentives to encourage compatible market-rate housing development.
· Identify opportunities for new residential development.
· Neighborhood organizations should collaborate with interested home developers
to address the infill needs of the community.
· Develop a strategy to encourage market rate infill housing development.
· Ensure continued code enforcement efforts, especially with respect to housing
maintenance and vacant lot maintenance.
· Expand the Rehabilitation District in the Washington Park neighborhood.
12
DRAFT
Economic Development
The Vision 2001-2020 Comprehensive Plan advocates development of village
centers as an economic development strategy to strengthen neighborhoods. Many of
Roanoke's traditional neighborhoods developed as "villages", self-contained centers
that provided opportunities for people to live, work, shop, play, and interact in a local
setting. Village centers offer amenities typically not found in suburban areas such as
convenient access to schools, local services, and places of employment.
The largest concentration of commercial develo~ment occurs along Orange Avenue,
Moorman Road, and 111h Street. The area from 10 h Street to 141h Street is zoned
General Commercial (C-2), which allows for general commercial uses. The 11 th Street
corridor is designated in Vision 2001-2020 as a village center. Future development and
revitalization should be geared toward providing a healthy mix of small-scale,
neighborhood-oriented uses. The 11th Street village center currently features an auto
parts store, a gas station, a funeral home, the Blue Ridge Housing office, and a number
of convenience stores. These establishments are accessible on foot by nearby
residents. Buildings are positioned toward the front of the property with most parking
provided on street. Residents expressed a need for a grocery store, day care services,
and a community center closer to the neighborhood.
Several residents expressed concern about establishments on 11 th Street, noting
improper business practices, alcohol-related offenses, and loitering. This area has high
foot traffic during the day and loitering at night. A community challenge will be to
maintain public safety while encouraging commercial services within the neighborhood.
Vision 2001-2020 designates a small area along 10lh Street between Andrews Road
and Syracuse Avenue as a potential Village Center. The area contains a small shop, a
convenience store/~as station and a plant nursery. Brown-Robertson Park is located on
the other side of 10 Street. This area has high foot traffic from the surrounding
neighborhood, but does not have a complete sidewalk system. In addition, parts of this
area are located in a flood zone.
Industrial uses are located near the northwestern border of the Washington Park
neighborhood along Rockland Avenue and Court Street, next to 1-581. The area is well
established and economically viable. The businesses include a warehouse, a
manufacturing facility, and a wholesale equipment establishment. This area also
contains a large vacant parcel on the corner of Rockland Avenue and Court Street, the
parcel would be appropriate for a light industrial use.
Both neighborhoods have a disproportionate amount of the City's low-income
residents. The median annual household income for all income brackets is over
$12,000 less than the average for the City. The high number of low-income residents is
partially due to three publicly-assisted housing developments located in the Washington
Park neighborhood.
13
DRAFT
City of
Study Area Roanoke
Number of
Income Bracket Households Averaae Average
$0 - $14,999 949 38.4% 22.7%
$15,000 - $24,999 480 19.4% 17.8%
$25,000 - $34,999 362 14.6% 16.0%
$35,000 - $49,999 371 15.0% 17.1%
$50,000 - $99,999 284 11.5% 21.3%
$100,000 + 25 1.0% 5.0%
Total 2471 100.0% 99.9%
Table 3 : Household Income 2000
Source: U.S. Census Bureau, Census 2000
The median household income for the study area ($18,269) is considerably less than
the citywide average for Roanoke ($30,719). The two lowest median income averages
(block groups 1 and 4, census tract 7) are found in the Washington Park neighborhood.
Census Tract/Block Grou
7.1 7.3 7.4
$26,133 $13,500 $18,269 $12,396
Source: U.S. Census Bureau; 2000 Census
Table 4: Median Household Income, 2000
All
Grou s
Avera e
$18,415
City of
Roanoke
Avera e
$30,719
Low levels of income are an issue for the Harrison and Washington Park area. In
addition, the education level of the average adult above the age of 25 is substantially
lower than that of the average City resident of similar age.
City of
Roanoke
Average Average
Less than hiQh school 40% 24%
HiQh School 30% 30%
Some College 18% 21%
Associates Dearee 6% 6%
Bachelors Dearee 4% 12%
Graduate or Professional
DeQree 2% 7%
Total 100.0% 100.0%
14
DRAFT
Part of the Village at Lincoln project is the remodeling of the administration building
for a new Opportunity Center, which will provide a small business center, space for
training, and offices. Such community outreach facilities and programs can play an
important part in the broader community's issues of low incomes and education levels in
the Harrison and Washington Park neighborhoods.
Issues
· Low levels of income and education.
· Relationship between commercial and residential uses.
· Establishing 111h Street as a safe and viable neighborhood commercial area.
Policies
· Support, retain, and expand businesses that are compatible with neighborhood
character and scale.
· Encourage a diversity of housing choices in all price ranges that encourages a
social and economic balance.
· Encourage a mix of uses that will improve vitality and continuous use of existing
commercial areas.
· Encourage good relationships between commercial and residential development
through thoughtful site and building design, landscaping, and transitional uses.
· Support initiatives that retain and expand businesses aimed to create jobs for the
residents in the neighborhood.
· Ensure that job training and education programs are available to residents.
· Develop commercial design guidelines.
· Consider placing public service facilities in village centers.
Actions
· Evaluate the market for a grocery store that can be conveniently located to serve
northwest neighborhoods and downtown.
· Implement zoning that will encourage the appropriate uses and scales in the
village centers. In addition, commercial design guidelines should be developed to
guide the form of new commercial development.
· Improve the buffer on Court Street adjacent to the LM district by planting trees
and/or establishing green space.
· Target the area for job training and education programs.
· Continue and expand incentives that increase employment opportunities
(Enterprise Zone, for example).
· Encourage programs of entrepreneurship for the people in the area to be part of
the Roanoke's economic development strategy.
15
DRAFT
Infrastructure
Transportation
Street patterns differ throughout the study area. The Harrison neighborhood has a
consistent, interconnected grid system that provides good vehicular access through its
streets and alleys. Due to the topography and the land use pattems, Washington Park's
residential and commercial areas contain more cul-de-sacs and varying street pattems
that divide the neighborhood into several smaller areas.
Orange Avenue runs through the study area along the shared boundary of the two
neighborhoods. It is the main multi-lane arterial street in the area and it has the
greatest traffic flow. Orange Avenue also ~rovides access to other arterial streets in
and around the neighborhood, including 5t Street, 10Ih Street, and Burrell Street.
Moorman Road is a collector street that provides east - west traffic flow along the
southern boundary of the Harrison neighborhood.
The 1995 Roanoke City Thoroughfare Plan identified and ranked two corridors in the
study area with Level of Service (LOS) Ratings. The LOS ratings range from A to F. An
LOS rating of "C" is generally considered the standard for an urban area and indicates
that a street is experiencing an optimal rate of travel. The Orange Avenue corridor from
Burrell Street to 51h Street received a rating of "C" for 1990 and a forecasted rating of "C"
as well for 2000 and 2015. The 1 oth Street corridor between Grayson and Staunton
Avenues received a "D" or sufficient rating for 1990 and a forecasted rating of "C" with
intended improvements in 2000 and 2015.
1 oth Street is the only transportation improvement project planned for the area.
Current plans call for 10th Street to remain a two-lane street with safety improvements at
key intersections. VDOT has conducted several public review meetings to ensure
public consideration. Proposed improvements for the 10th Street corridor include
sidewalks, bike lanes, and street trees.
Opportunities exist in Washington Park to enhance connections in the street grid and
promote residential development. Rockland, Marlian, Carroll Avenues, and behind Hunt
Manor apartments are areas with unimproved rights-of-way. These areas should be
connected with other surrounding streets.
Neighborhood residents expressed concerns about speeders and dangerous traffic
conditions on 5th Street, Orange Avenue, 10th Street, Burrell Street, and Liberty Road.
Residents have safety concerns on 5th Street that is known for its steep topography and
blind spots. Residents also report speeding problems along Burrell Street and Liberty
Road, which border Booker T. Washington Park, where many children play and teams
practice. Traffic management/calming measures should be taken on major streets to
reduce speeding.
Public Transportation
Each neighborhood is well served by public bus routes. Valley Metro operates four
routes through both neighborhoods. Currently, there are no covered bus stops in the
area. Residents in the study area voiced the need for covered areas for protection from
inclement weather. Most of the bus stops in the neighborhood do not have benches;
16
DRAFT
many elderly residents ride the bus and have problems standing for long periods of time
waiting for the bus. In addition, residents have raised the issue that the routes and
times of the routes do not meet the needs of the people in the Washington Park area for
access to jobs. Valley Metro should assess the feasibility of after-hour routes to higher
density areas and major employment centers.
Streetscapes
Streets generally have narrow to average widths. Orange Avenue and Burrell Road
are exceptions, being multi-lane arterial streets. Vacant lots and parts of an old
retaining wall fragment the streetscape along Orange Avenue. Overgrown vacant lots
decrease curb appeal. Most of the smaller streets tend to have homes with even front
yard setbacks thus making for a pleasant view. However, infill housing has created
some inconsistent setbacks and awkward appearance on some blocks.
Gateways
Gateways are important to the image of a neighborhood. Vision 2001-2020 views
gateways as important elements in defining different areas of the city. Few gateways
are well defined. However, there are numerous opportunities for gateway beautification:
. 5th Street at Orange Avenue
. 5th Street at Gilmer
· Liberty Road and Hunt Avenue
· Burrell Street and Orange Avenue
. 10lh Street and Hunt Avenue
. 10th Street and Orange Avenue
These areas have higher traffic flows and good exposure for people entering and
leaving the neighborhood.
Sidewalks
Several locations in the Washington Park neighborhood have heavy pedestrian
traffic, but lack sidewalks. Examples include the 900 block of Hunt Avenue, 10lh Street
from Grayson Avenue to 1-581, and Liberty Road near 1-581.
The Harrison neighborhood is well covered with sidewalks, though some sidewalks
are incomplete. Some streets, especially along Madison and McDowell Avenues, have
aging sidewalks that need repairs.
Curb and Gutter
Most streets have curb and gutter. However, some streets such as Andrews Road
and Hunt Avenue on the west side of 10th Street lack curbing. Some residents feel that
lack of curb and gutter is the reason for flooding in these areas. Where curb and gutter
are not present, people tend to park vehicles so they straddle the edge of the pavement.
On Rockland Avenue, asphalt curbing is used in place of a concrete curb and gutter
system.
17
DRAFT
Street Lights
The study area is well served by street lights. Most of the residential streets have
lights on at least one side.
Utilities
The study area is fully serviced with public water and sewer systems. Power and
telephone lines are located above ground throughout the area.
Residents in the Harrison neighborhood area have expressed concerns that the
power infrastructure needs upgrading. Residents have stated that they frequently lose
electrical power during severe storms.
Storm Water Management
Lick Run, which runs through the Washington Park neighborhood, is susceptible to
periodic flooding during heavy rainfall. In 1985, the Shadeland Avenue area
experienced flooding that involved loss of life and severe property damage. The
residential uses along this street were later removed and the land became Brown-
Robertson Park.
Residents expressed concern about the quality of the water in Lick Run, particularly
downstream from the former landfill. Field testing performed by the Virginia Department
of Environmental Quality indicates that most of the pollutants identified within Lick Run
may be associated with polluted storm water runoff and improper sanitary sewer
connections, rather than from contaminants that might be associated with a landfill.
Currently, the city is in its first year of the Virginia Pollutant Discharge Elimination
System (VPDES) storm water program. This is a five-year program to improve the
quality of storm water discharged to surface waters throughout the region. Lick Run is a
priority to be addressed by this program.
The City of Roanoke is already responding to this issue by mapping discharge points
along the stream and conducting inspections to identify illicit sewer connections and
discharges. Sewer lines are being checked for storm water infiltration and inflow
problems, which typically cause overflows during heavy rains. Roanoke is also working
to educate citizens and raise public awareness about activities that might result in
polluted runoff entering the stream.
Issues
· Older sidewalks need repair
. 10th Street improvements
· Lack of continuous curb and gutter
· Dated utility lines and problems with power outages
· Appearance of streetscapes
· Lack of covered benches on bus stops, and lack of bus service for 3rd shift
workers.
· Speeders on Liberty Road and around school bus stops
. Safety issues on major streets (i.e. 5th Street, 10th Street and Liberty Road)
18
DRAFT
Polices
· Streetscapes should be well maintained and attractive. Streets should be
designed to support pedestrian, bike, and vehicular traffic.
· Safety issues on Fifth Street, 10Ih Street, Orange Avenue, Burrell Street, and
Liberty Road will be addressed through traffic calming measures.
· Encourage greenway connections between destinations such as schools and
village centers.
· Encourage timely development of the 10th Street Improvement plans.
· Maintain a continuous system of sidewalks.
· Provide a complete system of curb and gutters.
Actions
· Define and target beautification projects at gateways on:
. 5th Street at Orange Avenue
. 5th Street at Gilmer Avenue
· Liberty Road and Hunt Avenue
· Burrell Street and Orange Avenue
. 10th Street and Hunt Avenue
. 10th Street and Orange
· Initiate beautification projects for the study area.
· Implement streetscape improvements, with priority on the following streets:
· Orange Avenue
. 5th Street
. 1 Olh Street
. 11 th Street
. Burrell Street
· Liberty Road
· Encourage neighborhood organizations to collaborate with Roanoke
Neighborhood Advocates to encourage beautification projects.
· Improve transit stops in key areas (such as village centers) with benches and
shelters.
· Establish a spur from the Lick Run Greenway to Lincoln Terrace Elementary
School.
· Assess the feasibility of providing public transportation for people who work 2nd
and 3rd shifts.
· Assess utility lines for repair/replacement where needed.
19
DRAFT
Public Services
Code enforcement is a major issue for residents. Many vacant lots in the
neighborhood have weeds and debris. Junk cars and outdoor storage are recurring
violations. Effective code enforcement is essential for future revitalization efforts and
must be aggressively pursued in the Harrison and Washington Park area.
Automated solid waste collection is provided on street. Residents had few concerns
about solid waste collection, except that collection vehicles periodically block the
narrower streets. Recycling collection services are provided throughout the area.
Participation in the recycling program should be increased to encourage overall
awareness of the neighborhood's environment.
The City of Roanoke offers over 30 social service programs for people with problems
stemming from lack of nourishment to lack of proper physical care. The City also offers
program and grants to aid in home purchase, business building, home renovation, and
repair. Many residents expressed concerns that they were not aware of such programs.
There is an apparent lack of information about the public support programs offered.
Police
Public safety is a priority concern of residents and is crucial to the neighborhood's
future. Compared with other neighborhoods, Harrison and Washington Park
neighborhoods have higher rates for police "calls for service." However, calls for
service have decreased in recent years.
Residents have expressed concerns of drug trafficking and other illegal activity in
pockets through out the area. Washington Park has a neighborhood watch program.
More neighborhood watch programs should be part of a strategy to address issues of
crime within the neighborhood.
Fire/EMS
The Harrison and Washington Park neighborhoods are served bl station #2 on
Noble Avenue and station #5 on Loudon Avenue. Station #9 on 24 Street will serve as
a backup if needed. Current response times average four minutes. Roanoke has
decided to consolidate stations #5 and #9 into a single large station that includes other
public services. The location of the new station is not yet determined, but will likely be
in the Melrose Avenue area between 18th to 20lh Streets.
The Roanoke Fire/EMS department follows a national "Resource Allocation Model"
as its standard for response times. The standard is to respond to 90% of calls within
four minutes.
20
DRAFT
Issues
· Recurring code violations for junk cars and outdoor storage
· Crime, especially drug trafficking
· Lack of public information about available public services
Policies
· Aggressively enforce property maintenance and nuisance codes.
· Support and encourage partnership approaches with the Roanoke Neighborhood
Advocates and community organizations in order to share and sustain
information flow.
· Support neighborhood watch programs.
· Encourage Crime Prevention Through Environmental Design principles in new
development, while respecting good urban design principles.
· Continue community policing programs in partnership with community groups to
ensure clear objectives, information flow, enforcement, and community outreach.
· Emphasize prevention strategies to reduce crime.
· The Roanoke Fire/EMS Department will continue to provide excellent response
to the neighborhoods. The Department will work to meet the goal of responding
to 90% of calls within four minutes.
Actions
· Establish Neighborhood Watch programs throughout the area.
· Identify vacant lots that have rodent infestation problems and initiate steps to
address problems through a multi-agency approach that includes the Health
Department, Code Enforcement, and the Police Department's Animal Control
Unit.
· Continue programs that provide incentives for police officers to live in core
neighborhoods.
· Initiate concentrated code enforcement efforts in the neighborhood.
21
DRAFT
Quality of Life
Historic Resources
Harrison School was the first public high school built for African-American students.
Located on the ground floor of Harrison School is the Harrison Museum of African
American Culture. The building is an important historic landmark and asset to both the
neighborhood and the community at large. In fall of 2002, the Harrison Museum
announced that the museum would be relocating to Henry Street. Although the
Harrison Museum is relocating, it will continue to reserve space in the Harrison School.
Another historic landmark is Burrell Memorial Hospital. It became chartered in 1915
and has served the African-American community of Roanoke. It expanded to a 150-bed
facility during the 1930s. Although it closed as a hospital in the early 1970s, it remains
open today for several health-related institutions. Both Harrison School and the Burrell
Hospital are listed on the Virginia Landmarks Register and National Register of Historic
Places.
Schools
Children in the Harrison and Washington Park neighborhoods attend Lincoln
Terrace, Crystal Spring, Fallon Park, Fishburn Park, Round Primary, Huff Lane
Intermediate, and Lucy Addison Schools. While Lincoln Terrace and Lucy Addison are
located within the neighborhood, other schools are located at considerable distances
from the neighborhood. Older children attend William Fleming and Patrick Henry High
Schools. The Higher Education Center and Roanoke Catholic School are private
educational facilities that are located in the adjacent neighborhood of Gainsboro.
Parks and Recreation
The study area contains two parks and a segment of the Lick Run Greenway. Lucy
Addison Magnet School houses a fitness center available to residents for a nominal
monthly fee.
Brown-Robertson Park is a 7Y2 acre open space located on 10th Street. The park
was named after Dorothy Brown and Hazel Robertson who lost their lives during the
devastating flood in 1985. Currently, the park is primarily a greenway. In 2002, several
community participants worked with Virginia Tech landscape architecture students to
develop ideas for the park. Several concepts arose as a result of the class, and the
project is now in the planning stage with the City's Park and Recreation Department.
Washington Park is a 40-acre park. Topography divides the park into upper and
lower areas. The upper area features an Olympic size pool, lighted tennis and
basketball courts, playground equipment, and a picnic shelter. The lower park contains
a historic caretaker's house, a shelter with rest rooms, a playground, and a softball field.
New playground equipment was added in the fall of 1998. Residents believe that the
park could be better utilized with better planning and improvements to the facilities.
In the fall 2000, a volunteer committee was formed to provide guidance for
improvements to Washington Park and develop a Booker T. Washington Memorial. In
February 2001, the committee submitted an improvement plan for the park, and later a
concept plan was completed for the memorial. Beginning in the summer of 2003, work
22
DRAFT
began on new picnic and rest room facilities for the park. Details are continuing to be
discussed concerning the memorial concept.
The Lick Run Greenway is a mile-long bike and walking path stretching from the
Valley View Boulevard interchange at Interstate 581 to Andrews Road and Court Street,
near 10th Street in the Washington Park neighborhood. Valley View Mall developers
donated most of the 14-acre strip to the Western Virginia Land Trust in 1999 that has
since transferred the land to the City of Roanoke. In addition, the Harrison
neighborhood borders Melrose Park along 14th Street.
Community Organizations
Northwest Neighborhood Improvement Council area includes the entire Harrison
neighborhood. Its mission is to restore and rebuild the community by means of
empowerment and collaboration with other organizations in restoration projects.
The Washington Park Neighborhood Alliance is a network of residents who have
vested interest in the future growth, beautification, and development of the Washington
Park area.
There are six churches in the neighborhood and many have outreach services for
the community. In every instance, many of the same outreach programs are duplicated
in the area of services. Residents express there is a lack of information and education
concerning outreach services and social needs. Area churches could playa more
unified role as a conduit for information and services for the area.
Several residents noted that there is no community center within the
neighborhood and residents have few places for community interaction. Residents said
that a central place is needed for community activities and for distributing information to
residents. Since the Harrison Museum announced that it will relocate to Henry Street,
the first floor of the former Harrison School could be a potential location for a community
center. Lucy Addison Magnet School is also a centrally-located resource for the
community. The school is frequently used for community events and meetings.
23
DRAFT
Issues
· Brown-Robertson Park development
· Harrison Museum moving to Henry Street - future use of 1 st floor of Harrison
School.
· Lick Run Greenway implementation
· Need for a community center
· Washington Park improvements (handicap accessible bathrooms, sufficient
picnic equipment, and improved parking).
Policies
· Encourage neighborhood churches to coordinate efforts to improve the quality
and range of outreach services.
· Strengthen, expand, and improve coordination with other neighborhood
organizations to improve outreach services, beautification projects, and
neighborhood awareness.
· Support the completion of Lick Run greenway, Brown-Robertson Park, and
Washington Park improvements.
Actions
· Initiate beautification projects in the neighborhoods.
· Evaluate opportunities for community center(s) in existing buildings such as
Harrison School and Addison Middle School.
· Continue improvement projects for Washington Park and Brown-Robertson Park.
24
DRAFT
Implementation
Neighborhood Design
District/Rehabilitation District
Comprehensive rezoning
Vacant lot development
Implement home-ownership programs
Identify development opportunities
Job training and education
Neighborhood economic development
initiatives
Improve gateways and streetscapes
Improve transit stops
Assess expansion of public
transportation
Greenway Spur
Assess power lines
Repair/construct sidewalks and curbs
Neighborhood crime prevention and
code enforcement
Improvements to Brown-Robertson,
and Booker T. Washington parks
Develop greenway and bike trails
Address problems with vacant lots.
PBO
PBO
HNS
NG/HNS
NG I HNS
EO/NG
EO/NG
TO/NG/PW
TO I VM
VM
PRING
AEP
PW
POI NG I HSN
PRING
PR I NG
NG/HNS
1 year
1 year
Ongoing
Ongoing
1 year
Ongoing
1-5 years
5 years
5 years
5 years
1-5 years
years
Ongoing
1-4 years
2-3 years
3-4 years
AEP: American Electric Power - HNS: Roanoke Housing & Neighborhood Services _
PBO: Roanoke Planning Building and Development - NG: Neighborhood Groups _ PO:
Police Department - PR: Parks and Recreation Department - ED: Economic
Development - PW: Public Works - TO: Transportation Division - VM: Valley Metro
25
DRAFT
Roanoke City and the
Harrison I Washington Park
Neighborhoods
Harrison
- Washington Park
26
DRAFT
Harrison I Washington Park
Street System
'Go""
"'...
i1ll~
Lick Run Greenway
N
W*E
s
27
DRAFT
Harrison I Washington Park
Existing land Use
~
,
~oo t;
o "
,
,
. ,
t l~.'o
. "'-. '"
-~..,.~ ~
D SINGLE-FAMILY RESIDENTIAL
D MULTIFAMILY RESIDENTIAL
_ COMMERCIAUINDUSTRIAL
1>1 VACANT
N
W+E
s
28
DRAFT
Harrison I Washington Park
Zoning
~i
o R-S Single-family Residential
o RM-1 Multifamily Residential
~j'W'~~~~ RM-2 Multifamily Residential
o C-1 Office District
_ C-2 General Commerical District
_ LM Light Manufacturing
N
W*E
s
29
DRAFT
HarrisonlWashington Park
Future land Use
~RQ:R",1.1;
l'irIlI.JI'lTONAV/O
D Single-Family Residential
D Single- and Two-Family Residential Mix
_ Multifamily Residential
~~fll!Jlli1 Mixed Density Residential
D Village Center
. General Commercial
Light Manufacturing
Institutional/Religious
_ Park/Open Space
N
w.'
s
30
~
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
New River Current
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - - - - --
MONTGOMERY CO PSA-MJK
SUITE 1D
755 ROANOKE ST
CHRISTIANSBURG VA 24073
i U_t.r.:~:" \.'.i ^;: '_i', ;.4 (j'i\ '.j._,,-,
REFERENCE: 80068861
02246614
NPDES
flDJICE" Putuc IIEAIIlc
TO wHOM rrMAv CONCERN:
NotIce 18 hereby lIIYen ptrrao.
allt ,to 11$.2-2204, of the
Coda" ,of ~ (1980), as
81\'1e11ded, ttI8t \lislcn 2001 .
,2020, the CItys ComPfehen_
,lsIvePlari,iI'~dtob&
18mend_d to InClude the
,IHarrllon.WaShlngton Park
, Neighborhood Plan el an ele-
I~ of SUCh ~i'ehensive
,
A copy Of! th/e - prO"".d
HarrIIOif4We~j"tton Pa;k
Nellhborhooc:l,PIin to be con. I
slderecl -by CIty Councll.,on'
fl.e in tfIe-OtIIce of the 'bty I
~IeMu!1(, Room 45e. Noel C. ray"11
r n/olpallkt'kfln,.
,A Pt$I" -"-..11nJ nng,wllI be held
before the'founCfl'ofthe CIty
of Roanoke I on MOndJlY
November 17,'2603, lit 7:00
~:.;.::. lOOn there8fter 8$
the COtlQOlI_~f! heard, In
T_~'-"'''Der'S' NoeIC.
" '" 1Ul1dlng, 215
~~~U'e'1It s~w~
tlme~dttfiitCltylhall
be~"'~nltyto
BPPetIrancl be hitaId 6y Coun.
CNOft*~'Oftflll!)ro.
P<iseI~nt.'"
If you": .Jlenlon with II d1s.
abHity ~ needs llCComrnticla.
ttoOI for thllhearlng, please
c:orn.ct: the CIty Clerll;', otnce
(853.2541)., before 1.2:00
noon on ThUlSday, November
13,2003.
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
Vir~f~la. Sworn and subscribed before me this
__JL~lday of November 2003. Witness my hand and
official seal. ~
~___ _ _ ' ota y Public
My commission expo e --~_~QJ_~
PUBLISHED ON:
10/31 11/07
GIVEN wider my' hand this
28th dey Of OctOber, 2003.
(224:,::r ~rClty crem.
, .
TOTAL COST:
FILED ON:
202.80
11/07/03
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - - - - --
Authorized Gt. \'t:t-b.u..
Signature:___~~_~_~~~_________,
Billing Services Representative
~::f>
\o\'r
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given pursuant to S15.2-2204, of the Code of Virginia (1950), as
amended, that Vision 2001 - 2020, the City's Comprehensive Plan, is proposed to be
amended to include the Harrison-Washington Park Neighborhood Plan as an element of such
Comprehensive Plan.
A copy of the proposed Harrison-Washington Park Neighborhood Plan to be
considered by City Council is on file in the Office of the City Clerk, Room 456, Noel C.
Taylor Municipal Building.
A public hearing will be held before the Council of the City of Roanoke on Monday,
November 17, 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, at which time citizens of the City shall be given an opportunity to appear and be
heard by Council on the subject of this proposed amendment.
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,
November 13, 2003.
GIVEN under my hand this 28th day of October
,2003.
Mary F. Parker, City Clerk.
H:\NOTICESI.."-AMENOCOMPREHENSIVEPLAN(HARRISONW ASH) I I 1703.1XlC
Notice to Publisher;
Publish in the Roanoke Times once on Friday, October 31, and once on Friday, November 7.2003.
Send bill and affidavit to;
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Notice to Publisher:
Publish in the Roanoke Tribune once on Thursday, November 6,2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 240 II
(540) 853-2541
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
November 20, 2003
File #28-67-458
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36551-111703 authorizing donation and conveyance
of a thirty-foot wide easement containing approximately 0.21 acre, on City-owned property
located near Tinker Creek, S. E., identified as Official Tax No. 4321020, to Plantation
Pipeline Company, to relocate an existing valve onto City property because the current
valve location is under water part of the year, 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, November 17, 2003.
Sincerely, ~
~ ....,:J, ~tu_
MFP:ew
Mary F. Parker, CMC
City Clerk
Enclosure
Darlene L. Burcham
November 20, 2003
Page 2
pc: Plantation Pipeline Company, 5262 Terminal Road, S. E., Roanoke, Virginia 24014
Jesse A. Hall, Director of Finance
Steven C. Buschor, Director, Parks and Recreation
Gary S. Hegner, Superintendent of Parks and Grounds
Philip C. Schirmer, City Engineer
Sarah E. Fitton, Engineering Coordinator
~.....,.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of November, 2003.
No. 36551-111703.
AN ORDINANCE authorizing the donation and conveyance of a thirty foot wide easement
containing approximately 0.21 acres, on City-owned property located near Tinker Creek, S.E.,
identified by Official Tax No. 4321020, to Plantation Pipeline Company, to relocate an existing
valve onto City property because the current valve location is under water part of the year, upon
certain terms and conditions; and dispensing with the second reading by title of this ordinance.
WHEREAS, a public hearing was held on November 17,2003, pursuant to SSI5.2-1800(B)
and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on such conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are hereby authorized to execute and attest,
respectively, in form approved by the City Attorney, the necessary documents donating and
conveying a thirty foot wide easement containing approximately 0.21 acres, on City-owned property
located near Tinker Creek, S.E., identified by Official Tax No. 4321020, to Plantation Pipeline
Company, to relocate an existing valve onto City property because the current valve location is under
water part of the year, upon certain terms and conditions, as more particularly set forth in the
November 17, 2003, letter of the City Manager to this Council.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST: ~
I\~ /.~h~
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
Fa" (540) 853-1138
CityWeb: www.roanokegov.com
November 17, 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 of Plantation Pipeline
Company for Easement on City
Property - Tax Map #4321020
Plantation Pipe Line Company has requested a permanent thirty-foot easement containing
approximately 0.21 acres on city-owned property located near Tinker Creek, SE. The easement
would allow the relocation of an existing valve onto city property because the current valve location
is under water part of the year. As the estimated assessed value of this easement is very low,
$275.00, staff recommends that the easement be granted at no charge. See Attachment #1.
Recommended Action(s):
Following a public hearing, authorize the City Manager to execute the appropriate documents
granting a permanent easement as described above to Plantation Pipe Line Company, such
document to be approved as to form by the City Attorney.
DLB/SEF
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
#CM03-00214
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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
02251452
Tinker Creek
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,TO wHoM'JT MA'i':CiOtfCERN: ,
Thectty(jf'Ro.SncMw'~
to,Jnlntll~thlity
foot 1I8SlIme:ntcin1tlltl'llni
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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:
of
l!<dI!!,'
lIm~;'
gMm, ~,-. ,CIty ~iof
tltaClty"~~,bOtd'.
PUblli:/~On-,tfi8'abM
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0I'I""~Der,17,
2003;, ' 0", Jtmo;Or-,1OOII
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be hiiattllntht'CliOnCIfO'lam.
bm~,",.c. TaylQ; M~
B~:,I1SChlJrcl1_,~.,
s.w"'~iVbilri",at
WhlcttttftMicttlZen80fthtCIty
shall bll,.... 8n opporttitl~
to..,..,- Iind ,be, htaId l1;
CauNcllCil,:Ule auDI8ct" FuF~
1her~,"the..,.Of
8 letter to_CIl;y"Counc,Ir dated
NOVlIinber 1'7, 2ll,03,1S avail.
ilble frvm,. DffICeofthe:C/t}'
CIeItI. , tID!',." Clty"of Roenoke
8t'(5otOtaea.284t..
1t,).'IOCl...."rSon,'_.,...
8bNIty'lthoDeeds'~.
tlOOitofthllheattnl.~
contact.". ~ ~'.-omoe
{853.2!J4~, before U:Oll
noon on ThurSd~,N1Mlmber
13, 2003.
City/County of Roanoke, Commonwealth/State of
VtFg~nia. Sworn and subscribed before me this
__~__day of November 2003. Witness my hand and
official seal.
~-Sf:2--~ -L__..l N~ar..ll',B,blic
My comm~8s~on ex~~_~~~~~__.
GIViN ui1der my hlInd thhI ird
day of NlMfnbet, 2003.
MeJyF..Pefker,ctty,CIetk
(22514S2)
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PUBLISHED ON:
11/07
TOTAL COST:
FILED ON:
149.42
11/07/03
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Authorized ~"L__ D.~^..
Signature:____~~-~--~~~~--------, Billing Services Representative
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NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The City of Roanoke proposes to gTant a permanent thirty foot easement containing
approximately 0.21 acres, on City-owned property located near Tinker Creek, S.E., identified
as Official Tax No. 4321020, to Plantation Pipeline Company to relocate an existing valve
onto City PropeTty because the current valve location is under water part of the year.
Pursuant to the requirements ofSSI5.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a
public hearing on the above matter at its regular meeting on Monday, November 17,2003, 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, at which time
citizens of the City shall be given an opportunity to appear and be heard by Council on the
subject. Further information in the form of a letter to City Council dated November 17,
2003, is available from the Office of the City Clerk for the City of Roanoke at (540) 853-
2541.
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,
Novernber 13,2003.
GIVEN under my hand this 3rd day of November
,2003.
Mary F. Parker, City Clerk.
H\NOTICES\N_PLANT ATIONPIPELJNEEASEMENTlI 170J,DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, November 7, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 240 II
(540) 853-2541
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CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church A venue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone' (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
November 24, 2003
Robert C. Lawson, President and CEO
Western Region
Sun Trust Bank
P. O. Box 2867
Roanoke, Virginia 24001-2867
Dear Mr. Lawson:
At a reconvened meeting of the Council of the City of Roanoke which was held on Friday,
November 21,2003, you were appointed as a citizen representative to serve on the Board
of Directors, Western Virginia Water Authority, for a term of four years.
The next meeting of the Board of Directors will be held on Friday, December 5, 2003, at
3:00 p.m., at the Roanoke County Administration Center, Board of Supervisors Conference
Room, fourth floor, 5204 Bernard Drive, S. W.
Thank you for your willingness to represent the City of Roanoke on the Board of Directors,
Western Virginia Water Authority.
With kindest regards.
Sincerely, /'J
1ft ~ ;. r N-M -
Mary F. Parker, CMC
City Clerk
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